MINUTES OF THE HEALTH, BUILDING AND PLANNING COMMITTEE

MEETING OF THE COUNCIL OF THE CITY OF RANDWICK

HELD ON TUESDAY, 13TH MAY, 2003 AT 6:31 P.M.

 

 

PRESENT:

 

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

 

Councillor M. Daley (South Ward) (Chairperson)

 

North Ward                                         -           Crs J. Greenwood and P. Tracey

 

South Ward                                          -           Crs C. Matthews and A. White

 

East Ward                                            -           Crs F. Backes and M. Matson

 

West Ward                                          -           Crs P. Schick and M. Whitehead.

 

Central Ward                                       -           Crs T. Seng and A. Andrews (Deputy

                                    Chairperson)

 

OFFICERS PRESENT:

 

General Manager                                                                                              Mr. G. Messiter.

Director Assets & Infrastructure Services                                                          Mr. M. Savage.

Acting Director Planning & Community Development                            Ms. S. Truuvert.

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

Manager Development Assessment                                                                   Mr. K. Kyriacou.

Assistant Public Officer                                                                         Mr. D. Kelly.

Communications Manager                                                                                 Ms. D. Brien.

 

1.         APOLOGIES.

 

Apologies were received from Crs Bastic, Notley-Smith and Procopiadis.

 

RESOLVED:  (Andrews/His Worship the Mayor, Cr D. Sullivan) that the apologies be received and accepted and leave of absence be granted to Crs Bastic, Notley-Smith and Procopiadis from the Health, Building and Planning Committee Meeting of the Council held on Tuesday, 13th May, 2003.

 

2.         MINUTES.

 

CONFIRMATION OF THE MINUTES OF THE HEALTH, BUILDING AND PLANNING COMMITTEE MEETING HELD ON TUESDAY, 8TH APRIL, 2003.

 

H36     RESOLUTION:  (Andrews/White) that the Minutes of the Meeting of the Health, Building and Planning Committee held on Tuesday, 8th April, 2003 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of that meeting.

 

RESOLVED: (White/Backes) that the meeting be adjourned at 6.34 p.m. and be further adjourned at 7.16 p.m.

 

3.         ADDRESSES TO THE COMMITTEE BY THE PUBLIC.

 

Prior to consideration of the Agenda by the Committee, the following deputations were received in respect of the following matters:

 

5.1       DIRECTOR PLANNING & ENVIRONMENT’S REPORT 30/2003 - 5 TAYLOR STREET, MAROUBRA

 

The Objector                Mrs Mary Giannouleas             7 Taylor Street, Maroubra

 

The Applicant               Mr Khin Who                                       5 Taylor Street, Maroubra

 

5.2       19 TORRINGTON ROAD, MAROUBRA

 

The Applicant               Mr Anthony Rizzo                                880 Anzac Parade, Maroubra

 

5.3       95-97 MASON STREET AND 106 BOYCE ROAD, MAROUBRA

 

The Objector                Mr Julio Campobassi                            27/108 Boyce Road, Maroubra

 

The Applicant               Mr Andrew Darroch                             1/364 Kent St, Sydney

 

5.4       89A BROOK ST COOGEE

 

The Objector                Ms Debbie White                                 91 Brook Street, Coogee

 

5.5       38 ELAROO AVENUE, PHILLIP BAY

 

The Applicant               Mr Michael Hoskins                             38 Elaroo Ave, Phillip Bay

 

The meeting was resumed at 7.46 p.m.

 

4.         MAYORAL MINUTES.

 

4.1       MAYOR’S MINUTE 26/2003 - STATE TRANSIT AUTHORITY (STA) PROPOSED DISPOSAL OF LAND FORMING PART OF RANDWICK RACECOURSE.  (P/017167)

 

H37     RESOLUTION:  (His Worship the Mayor, Cr D. Sullivan) that the Councillors receive and note this Mayor’s Minute 26/2003.

 

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

 

(Note: This resolution was unanimously carried by Council.)

 

5.         DEVELOPMENT APPLICATIONS.

 

5.1       DIRECTOR PLANNING & COMMUNITY DEVELOPMENT'S REPORT 30/2003 - 5 TAYLOR STREET, MAROUBRA.  (D/0970/2002) (DEFERRED) 

 

H38     RESOLUTION:  (Backes/White) that 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 970/2002 for the installation of a satellite dish in the rear yard of the existing dwelling house at 5 Taylor Street, Maroubra, subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans numbered 2255, Sheets 1, 2, 3 & 4, dated DEC 2002 and received by Council on 6 December 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:

 

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

 

2.       The colour of the satellite dish is to be changed to a dark green so as to be more compatible with the colour of vegetation in surrounding back yards.

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning & Environment, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to commencement of any building works.

 

3.       The maximum diameter of the satellite dish is to be reduced to 2.3m so as to reduce the visual impact of the satellite dish and so as to be more compatible with the size of other satellite dishes on surrounding properties. Construction certificate plans must be modified accordingly.

 

4.       So as to reduce the visual impact of the satellite dish, the maximum height of the satellite dish is to be lowered so that the outer extremity of the satellite dish does not have the capacity to extend beyond 2.4m above existing ground level, regardless of the direction in which the satellite dish is pointed. Construction certificate plans must be modified accordingly.

 

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.

 

          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:

 

6.       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.

 

7.       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.

 

8.       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.

 

9.       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.

 

10.     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.

 

MOTION: (Andrews/Matthews) that Council as the responsible authority refuse its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 970/2002 for the installation of a satellite dish in the rear yard of the existing dwelling house at 5 Taylor Street, Maroubra as the applicant failed to submit amended plans to Council to have the satellite dish installed on the roof.  LOST.

 

A division was called for by Crs Andrews and Matthews. Voting was as follows:-

 

For                                                       Against

 

Cr Andrews                                                     Cr Backes

Cr Greenwood                                                 Cr Daley

Cr Matthews                                                    Cr Matson

Cr Tracey                                                         Cr Schick

Cr Whitehead                                                   Cr Seng

                                                                        His Worship the Mayor, Cr D. Sullivan

                                                                        Cr White

 

MOTION: (Backes/White) SEE RESOLUTION.

 

5.2       DEVELOPMENT APPLICATION REPORT - 19 TORRINGTON ROAD, MAROUBRA.  (D/1167/2002)

 

H39     RESOLUTION:  (Backes/His Worship the Mayor, Cr D. Sullivan) that:

 

A.         The Council support the objection under State Environmental Planning Policy No. 1 (SEPP No. 1) in respect to non-compliance with Clause 32(1) of the Randwick Local Environmental Plan 1998 (relating to floor space ratio) on the grounds that the proposed development complies with the objective of the clause and will not adversely affect the amenity of the surrounding locality as follows, and that the Planning NSW be advised accordingly:

AND

 

B.         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 1167/2002 for Alterations and additions to existing attached dual occupancy resulting in 2 x 4 bedroom units, addition of garage and carport structure to the rear, new boundary fencing and amend existing strata plan to reflect building changes at 19 Torrington Road, Maroubra subject to the following conditions:-

 

REFERENCED PLANS:

 

1.         The development must be implemented substantially in accordance with the plans numbered DA1a-DA5a and DA7a, dated August 2002 and received by Council on 14 March 2003, plan numbered DA6 and DA13 dated November 2002 and received by Council on 12 December 2002 and two sheets of amended draft strata plans stamped received by Council on 31 March, 2003, 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 front fencing along the northwestern (Duncan Street) boundary is to be solid to a height of 1.8 metres for 10 metres where the private open space to the rear of Unit 1 is located. The fence is to be constructed of rendered masonry and is to be finished to match the masonry base and piers forming the fence along the remainder of the boundary. Fencing to either end of this 10 metre section is to be as shown in the plans submitted to Council. This condition is imposed to ensure the privacy and amenity of the private open space to Unit 1. Details required by this condition are to be submitted with the Construction Certificate application.

 

3.         The front fencing along the northeastern (Torrington Road) boundary is to be constructed as indicated on the plans (masonry base and piers with metal infill) and not as solid as shown on the elevations. This condition is imposed to clarify a discrepancy in the drawings and ensure a consistent streetscape presentation to the development. Details required by this condition are to be submitted with the Construction Certificate application.

 

4.         The applicant shall submit a total payment of $580.00 to Council, being the cost for Council to supply and install 4 x 45 litre street trees at the completion of all works.

 

The contribution shall be paid into Fee Code 525 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.

 

5.         Upon completion of the development and prior to the issuing of the strata subdivision, documentary evidence is to be submitted to the Council by the Principal Certifying Authority (or other suitably qualified person on behalf of the owner of the premises, to the satisfaction of Council) which confirms that the development has been carried out in accordance with the relevant development consent conditions.

 

6.         Landscaping shall be provided to the site to reduce the impact of the development upon the amenity of the environment and a detailed landscape plan shall be submitted to and approved by the Director of Planning & Environment, in accordance with section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to the commencement of any works.

 

7.         The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the street scape.

 

Details of the proposed colours, materials and textures (ie. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning & Environment, 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.

 

8.         The consumption of water within the building shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets. Details of compliance are to be provided in the construction certificate plans or specifications.

 

9.         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.

 

10.       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.

 

11.       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.

 

12.       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 constructed 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.

 

13.       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.

 

14.       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 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.

 

15.       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.

 

16.       Noise emissions during the construction of the building and associated site works must comply with the relevant provisions of the Protection of the Environment Operations Act 1997 & the Noise Control Manual published by the Environment Protection Authority, except as may be amended by the conditions of this approval.

 

17.       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 and debris at all times.

 

18.       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.

 

19.       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”.

 

20.       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.

 

21.       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.

 

22.       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.

 

23.       Public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

Hoarding or fences are to be structurally adequate and be constructed in a good and workmanlike manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

24.       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.

 

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

 

25.       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 $5,000.

 

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.

 

26.       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.

 

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

 

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

 

28.       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)         $1000.00         -           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:

 

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

 

a)   Construct concrete vehicular crossings opposite the vehicular entrances to the site, in The Corso frontage, to Council’s requirements/specifications. (The cost will include the removal of rock, if required.)

 

30.       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.

 

31.       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.

 

32.       Should the existing fence be reconstructed at the southwest corner of the site (at the Duncan St / The Causeway intersection) it is to be reconstructed with a 1.5m x 1.5m splay for the portion of the fence that exceeds 600mm in height above the existing ground level at this location.

 

33.       The proposed planterbox to be constructed at the northwest corner of the site (Torrington Rd/Duncan St intersection) is not to exceed 600mm in height above the existing footpath level at this location.

 

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

 

34.       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:

 

Torrington Rd Frontage - Match the back of the existing Council footpath levels.

 

The Corso Frontage – 50mm above the existing top of kerb level or 150mm above the back of the existing layback

 

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

 

The design alignment level at the property boundary must be strictly adhered to.

 

35.       The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the /kerb/footpath 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.

 

36.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $68.20 (inclusive of GST). 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:

 

37.       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.

 

38.       The applicant must meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

39.       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;

 

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.

 

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

 

40.       That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'ANL Organic Garden Mix', and re-turfed with Kikuyu turf. Such works shall be completed at the applicants expense prior to the issue of the Occupation Certificate.

 

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.

 

41.       Approval is granted for the removal of the Umbrella trees located at the front of the site subject to the planting of  2 x 45 litre (container size) replacement trees within the site:

 

a)         The species and location of the replacement trees shall be submitted to and approved by Council prior to the issue of the construction certificate.

 

Advisory Conditions

 

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.

 

MOTION: (Matson/Nil) that Council as the responsible authority refuse its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 1167/2002 for alterations and additions to existing attached dual occupancy resulting in 2 x 4 bedroom units, addition of garage and carport structure to the rear, new boundary fencing and amend existing strata plan to reflect building changes at 19 Torrington Road, Maroubra, LAPSED FOR WANT OF A SECONDER.

 

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

 

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

 

5.3       DEVELOPMENT APPLICATION REPORT - 95-97 MASON STREET AND 106 BOYCE ROAD, MAROUBRA.  (D/0827/2002)

 

H40     RESOLUTION:  (Andrews/Matthews) that Council as the responsible authority refuse its development consent under Section 80 & 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 827/2002 for demolition of the existing dwellings on No. 95 and 97 Mason Street and construction of a 6 storey multi unit housing development containing 29 dwellings and basement car parking over 2 levels for 42 vehicles including land subdivision of property No. 106 Boyce Road at 95-97 Mason Street and 106 Boyce Road, Maroubra and strata subdivision of the building for the following reasons:

 

1.                  The proposed development exceeds the maximum FSR of 2:1 for residential uses required under Randwick Local Environmental Plan 1998 and is considered to be an overdevelopment of the site;

 

2.                  The proposed development is excessive in height and exceeds the maximum height of 18m required in draft Amendment No.33 of the Randwick Local Environmental Plan 1998, and the maximum 5 storey height limit required under the draft Development Control Plan - Maroubra Town Centre;

 

3.                  The proposed development does not comply with the floor to ceiling heights required in the draft Development Control Plan – Maroubra Town Centre;

 

4.                  The proposed development does not comply with the building zones specified in the draft Development Control Plan – Maroubra Town Centre and therefore contains inadequate deep soil zones that act as a buffer between development;

 

5.                  The proposed development will cause an unreasonable level of overshadowing between 9.00am and 3.00pm to the rear yards of the southern adjacent properties along Boyce Road, and any future development within those sites, causing a significant loss in amenity;

 

6.                  The proposed development does not comply with the side setbacks required in the draft Development Control Plan – Maroubra Town Centre;

 

7.                  The proposed development does not comply with the 45 degree height plane control required under Development Control Plan No.15 – Maroubra Junction Commercial Centre;

 

8.                  The proposed development will result in the loss of views to the northwest to residents living in the lower levels of the residential apartments to the southeast; and

 

9.                  The proposed is not in the public interest having regard to the submissions received.

 

MOTION: (Andrews/Matthews) SEE RESOLUTION.

 

5.4       DEVELOPMENT APPLICATION REPORT - 89A BROOK ST COOGEE.  (D/1197/2002)

 

H41     RESOLUTION:  (His Worship the Mayor, Cr D. Sullivan/Backes) that:

 

A.         Council as the responsible authority grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 1197/02 for alterations and ground and first floor additions to the existing semi-detached dwelling including carport and lap pool at 89A Brook St Coogee subject to the following conditions:-

 

Deferred Commencement Condtions:

 

The consent is not to operate until the following material has been submitted to and approved by the Director Planning and Community Development:

 

1.         Deletion of the void area to the first floor to reduce the length of the addition by 3.5m with the parent’s retreat to be repositioned to the location of the void area. The stair shall be relocated to allow access to the amended upper level.  The bedroom may need to be redesigned to allow for adequate area for the stair access.

 

2.         The carport shown on the floor and site plans forward of the building line shall be deleted and a hard stand car space provided in the same location. The surface of the car parking area is to be suitably paved with permeable paving blocks.

 

3.         The rear boundary wall shall be reduced in height to 2100mm to reduce the bulk of the wall to the neighbouring properties.

 

4.         The two end panels either side of the length of openings at the upper level of the rear (east) elevation are to be deleted from the approved plans.

 

Subject to compliance with the deferred commencement condition, to the satisfaction of the Director 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 plans numbered A02 378 sheet 1 , dated 12/02 and received by Council on 18 Dec 2003, 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:

 

ENVIRONMENTAL AMENTITY:

 

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

 

2.         The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the street scape.

 

Details of the proposed colours, materials and textures (ie. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning & Environment, 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.

 

3.         The design and colour of the roof tiles to the proposed building/s are required to match, as closely as possible, the material and colour of the existing roof.

 

4.         The premises must be used as a single residential dwelling only at all times and the premises must not be used or converted to a dual or multi-occupancy development or be used for the provision of backpackers or shared accommodation (being class 1b or class 3 building as defined in the BCA) at any time, unless the required development consent is obtained from Council.

 

No additional cooking or sanitary facilities other than those indicated on the approved development consent plans are to be installed in the premises without the prior consent of council.

 

5.         The consumption of water within the building shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.  Details of compliance are to be provided in the construction certificate plans or specifications

 

6.         Eaves, gutters, hoods and similar structures or attachments are required to be setback from the side boundaries of the allotment a minimum distance of 675mm and details of compliance are to be included in the construction certificate details.

 

7.         The fence on the street alignment is to be a maximum height of 1.5m at any point, to maintain reasonable levels of amenity to the adjoining residential development and the street scape.

 

8.         There must be no encroachment of any part of the structure/s onto the adjoining premises or onto Council’s road reserve, footway or public place.

 

9.         Landscaping shall be provided to the site to reduce the impact of the swimming pool upon the amenity of the adjoining property owners and a landscape plan shall be submitted to and approved by the Director of Planning & Environment, in accordance with section 80A(2) of the Environmental Planning and Assessment Act 1979, prior to the commencement of any works.

 

The following group of conditions have been applied to ensure that adequate provisions are made for vehicular access, parking and public infrastructure:

 

10.       All crossings, repairs and ancillary works on the footway and roadway are to be carried out by the Council and the cost borne by the applicant.

 

11.       All crossings, repairs and ancillary works on the footway and roadway are to be carried out by the Council and the cost borne by the applicant.  A statement, prepared by the applicant or owner of the premises is to be obtained and submitted to the Council, detailing the condition and status of the roadway, footway, vehicular crossings, nature strip and public place adjacent to the premises, prior to the commencement of any works on the site and also upon completion of the works.

 

DRAINAGE (CLASS 1 & 10 BUILDINGS):

 

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:

 

12.       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.

 

13.       Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council’s Director of Planning and Environment prior to commencement of works. The finished ground level outside of the building is required to be a minimum of:

 

         150mm below the internal floor level of the building, or,

         100mm below the internal floor level of the building in sandy, well drained areas, or,

         50mm below the internal floor level of the building where an external paved area or slab is provided adjacent to the building, which is graded not less than 50mm over the first 1m away from the  building,

 

14.       Details of stormwater drainage are to be provided in the plans / specifications for the construction certificate. External paths and ground surfaces are to be graded and drained away from the building and adjoining premises in such a manner so as not to result in the entry of water into a building, or cause a nuisance or damage to the adjoining premises.

 

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

 

15.       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.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 $5,000.

 

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:

 

16.       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:

 

a.   89 Brook St Coogee

 

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.

 

17.       A Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the additional storey.

 

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

 

18.       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.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.

 

19.       The building works are to be inspected by the Principal Certifying Authority (or other suitably qualified person, to the satisfaction of the Principal Certifying Authority), to monitor compliance with the relevant standards of construction and Council’s development consent.

 

The Principal Certifying Authority shall specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Documentary evidence of the building inspections carried out and compliance with Council’s approval is to be maintained by the Principal Certifying Authority. 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. 

 

20.       If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation must:

 

§                     preserve and protect the building /s on the adjoining land from damage; and

§                     if necessary, underpin and support the building in an approved manner; and

§                     at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land (including a public road or public place), give notice of the intention to do so to the owner of the adjoining land. Particulars of the excavation are to be provided to the owner of the adjoining land and also the owner of the land where the building is being erected or demolished.

 

21.       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.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.

 

22.       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:

 

         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.

         On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks.

 

23.       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.

 

24.       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.

 

25.       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. Noise emissions during the construction of the building and associated site works must comply with the relevant provisions of the Protection of the Environment Operations Act 1997 & the Noise Control Manual published by the Environment Protection Authority, except as may be amended by the conditions of this approval. Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

 

26.       A Road Opening Permit must be obtained from the Council and other relevant Authorities prior to excavating or opening-up the road or footway for services or the like.

 

Any damage caused to the road or footway must be repaired immediately, to the satisfaction of Council.

 

27.       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 and debris at all times.

 

28.       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.

 

29.       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”.

 

30.       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. 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.

 

31.       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.

 

32.       Public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

33.       Hoarding or fences are to be structurally adequate and be constructed in a good and workmanlike manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible. 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.

 

34.       Any part of Council’s nature strip which is damaged as a result of the work must be back-filled, top-soiled and re-turfed with kikuyu turf prior to occupation or finalisation of the development, to Council’s satisfaction.

 

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

 

35.       Smoke alarms are required to be installed in each Class 1 building or dwelling in accordance with the relevant provisions of Part 3.7.2 of the B.C.A. – Housing Provisions.

 

Smoke alarms must comply with AS3786 – Smoke alarms and be connected to the consumer mains electric power supply and provided with a battery back-up.

 

The smoke alarms are to be installed in suitable locations on or near the ceiling, in any storey containing bedrooms; located between each part of the dwelling containing the bedrooms and the remainder of the dwelling, or where bedrooms are served by a hallway, the smoke alarms are to be located in that hallway; and smoke alarms are to be installed in any other storey not containing bedrooms, to the satisfaction of the certifying authority.

 

Smoke alarms are not to be located in ‘dead-air-spaces’, in the corner junction of walls and ceilings between exposed rafters/joists or at the apex of raked ceilings, as detailed in Part 3.7.2 of the B.C.A. – Housing Provisions.

 

Details of compliance with the provisions of the Building Code of Australia must be included in the plans / specification for the construction certificate.

 

The following conditions are applied to ensure compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

36.       Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

37.       The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926-1986.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

Temporary pool safety fencing is to be provided pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

38.       A sign shall be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the document entitled “Policy Statement No.9.4.1: Guidelines for the Preparation of Posters on Resuscitation”, published in 1985 by the Australian Resuscitation Council and the sign must bear a notice that contains the words “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, together with details of resuscitation techniques (for adults, children and infants) set out in accordance with the document entitled “Cardio Pulmonary Resuscitation” published by the Australian Resuscitation Council. Swimming pools are to be designed and installed in accordance with the following general requirements:-

 

·                    Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation.

 

·                    All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises.

 

·                    Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

39.       Details of proposed methods of complying with the swimming pools Act 1992 must be provided with the construction certificate application.

 

Security Deposit Conditions

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

 

40.       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)         $700.00           -           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.

 

Traffic conditions/Civil Works Conditions

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

 

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

 

42.       Construct a full width concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

43.       Reconstruct the concrete footpath along the full site frontage to meet the new issued footpath levels for the proposed carspace.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

44.       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.

 

45.       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.

 

Alignment Level Conditions

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

 

46.       The design alignment level at the property boundary for the driveway entrance must be as follows:

 

Driveway Entrance – 50mm below the existing Council footpath level.

Pedestrian Gate Entrance - match the existing Council footpath level.

 

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

 

47.       The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the footpath 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.

 

48.       The above alignment levels and the site inspection by Council’s Department of Asset & Infrastructure Services have been issued at a prescribed fee of $68.20 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

49.       The top of footings of any structures constructed on the boundary alignment must be at least 150mm below the alignment level as specified for the vehicular access.  This condition has been attached to accommodate future footpath reconstruction at this location.

 

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

 

50.       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.

 

51.       The applicant must meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

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

 

52.       That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'ANL Organic Garden Mix', and re-turfed with Kikuyu turf. Such works shall be completed at the applicants expense prior to the issue of the Occupation Certificate.

 

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.

 

Tree Management

 

53.       Approval is granted for the removal of the following tree subject to the planting of 1 x 45  litre broad canopied replacement tree (not palm) within the site. The species selected shall be one that will attain a minimum height of 6 metres at maturity.

(a)      One Frangipani (Plumeria alba) located to the east of the front of the property.

 

54.       Permission is granted for the removal of only those trees falling within the area occupied by the approved works. Removal of the remaining trees on the site are subject to separate application under the Tree Preservation Order.

 

55.       The applicant shall be 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 driplines of the subject trees.

 

Advisory Conditions

 

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.

 

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

 

AMENDMENT: (Matson/Greenwood) that

 

(a)        Condition 2 of the deferred commencement conditions be amended to read “the carport shown on the floor and site plans forward of the building line shall be deleted”; and

 

(b)        Condition 5 be added to the deferred commencement conditions to read “The lap pool be deleted from the plans”. LOST.

 

5.5       DEVELOPMENT APPLICATION REPORT - 38 ELAROO AVENUE, PHILLIP BAY. (D/0151/2002)

 

H42     RESOLUTION:  (White/Matthews) that this application be deferred for one month to allow the applicant to submit amended plans to Council.

 

MOTION: (White/Matthews) SEE RESOLUTION.

 

5.6       DEVELOPMENT APPLICATION REPORT - 19 ADAMS AVENUE, MALABAR.  (D/1099/2002)

 

H43     RESOLUTION:  (White/Matthews) that Council as the responsible authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to modify Development Consent No. 1099/02/GA for alterations and additions on the property at 19 Adams Avenue, Malabar in the following manner:

 

·        Deletion of Condition 2

·        Deletion of Condition 3

·        Deletion of Condition 4

·        Deletion of Condition 5

 

MOTION: (White/Matthews) SEE RESOLUTION.

 

6.                  GENERAL BUSINESS.

 

Nil.

 

7.                  NOTICE OF RESCISSION MOTIONS.

 

Nil.

 

 

The meeting closed at 8.20 p.m.

 

 

 

 

……………………………………….

CHAIRPERSON