MINUTES OF ORDINARY COUNCIL MEETING OF

THE COUNCIL OF THE CITY OF RANDWICK

HELD ON TUESDAY, 27TH JUNE, 2006 AT 6:13 PM.

 

 

PRESENT:

 

His Worship the Mayor, Cr. T. Seng (Central Ward) (Chairperson)

 

Councillor M. Matson (East Ward) (Deputy Mayor)

 

North Ward                                         -           Crs P. Tracey & M. Woodsmith

 

South Ward                                          -           Crs R. Belleli, M. Daley & A. White

 

East Ward                                            -           Cr B. Notley-Smith & D. Sullivan

 

West Ward                                          -           Crs B. Hughes, S. Nash & J. Procopiadis

 

Central Ward                                       -           Crs A. Andrews & C. Bastic

 

OFFICERS PRESENT:

 

General Manager                                                                                  Mr. R. Brownlee.

Director, City Services                                                                          Mr. J. Frangoples.

Director, City Planning                                                                          Ms. S. Truuvert.

Director, Governance & Financial Services                                           Mr. G. Banting.

Manager, Administrative Services                                                         Mr. D. Kelly.

Communications Manager                                                                     Ms. D. Brien.

Manager, Corporate & Financial Planning                                             Ms. A. Singh.

Manager, Organisational Policy & Performance                         Ms. K. Walshaw.

Manager, Strategic Planning                                                                  Ms. K. Armstrong

Manager, Infrastructure Services                                                           Mr. P. Stone.

Manager, Development Assessment                                                      Mr. K. Kyriacou.

 

1.                  COUNCIL PRAYER

 

The Council Prayer was read by His Worship the Mayor, Cr. T. Seng.

 

2.         APOLOGIES.

 

Nil.

 

LEAVE OF ABSENCE

 

Cr Kenny has requested leave of absence until the 31st August in writing to the General Manager.

 

151      RESOLUTION: (Notley-Smith/Belleli) that leave of absence be granted to Councillor Kenny until 31st August 2006.

 

MOTION: (Notley-Smith/Belleli) CARRIED – SEE RESOLUTION.

Councillors Sullivan and Bastic requested their names be recorded as opposed to the resolution.

 

3.         MINUTES

 

CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 30TH MAY, 2006.

 

152     RESOLUTION:  (Nash/Belleli) that the Minutes of the Ordinary Council Meeting held on Tuesday, 30th May, 2006 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of that meeting.

 

4.         DECLARATION OF PECUNIARY & NON-PECUNIARY INTERESTS.

 

(a)        Cr Belleli declared a non-pecuniary interest in Item 7.6, General Manager’s Report 19/2006 - Heffron Park Landscape Concept Plan Exhibition, as he is the patron of the Randwick Botany Cycle Club.

 

RESOLVED: (PROCEDURAL MOTION): (Matson/Nash) that council immediately hear the speakers on items 7.1, 7.6, 10.1, 7.4 and 12.8 and debate those items immediately after.

 

Note: Those speakers were then heard and the items debated at this point of the meeting.

 

5.         ADDRESSES TO THE COUNCIL BY THE PUBLIC.

 

Item 7.1, General Manager’s Report 13/2006 - Draft Management Plan 2006-09 and Budget 2006-07.

 

Against Ms Margery Whitehead                                    10 Inglethorpe Avenue, Kensington

 

For                   Mr Ashley Schwarz                                          2A Popplewell Place, South Coogee

 

Item 7.4          General Manager’s Report 17/2006 - The Randwick City Plan, 'Rich History - Bright Future'.

 

For                   Ms Marlene McFarlane                                    9/418-420 Maroubra Road, Maroubra

 

Item 7.6          General Manager’s Report 19/2006 - Heffron Park Landscape Concept Plan Exhibition.

 

Against Mr Bob Sheather                                              61 Maroubra Road, Maroubra.

 

For                   Mr Roy Belcher                                                Eastern Suburbs Soccer Football Assoc.

 

Item 10.1        Director, City Planning Report 55/2006 - 53 Doncaster Avenue, Kensington.

 

The Objector                Ms Susan Pursehouse               55 Doncaster Avenue, Kensington.      

 

The Applicant               Mr Eugene Shaw                      Suite 101, 2 Guilfoyle Avenue, Double Bay.

 

 

Item 12.8        Motion by Councillor Daley – Adult Services and Remedial Massage Premises in Randwick City Council.

 

For                               Mr Alex Alexandrou                 49 Elaroo Avenue, Phillip Bay

 

6.         MAYORAL MINUTES.

 

6.1       MAYOR'S MINUTE 39/2006 - WAIVING OF FEES - ST PAULS ANGLICAN CHURCH COOGEE - CAROLS BY THE SEA.  (F2004/07843)

 

153      RESOLUTION:  (His Worship the Mayor, Cr. T. Seng) that:

 

a)         Council vote $1,032.50 to cover the fees associated with the event and funds be allocated from the 2006/2007 Contingency Fund Budget;

 

b)         the event organiser undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the event; and

 

c)         the Mayor or his representative shall be given the opportunity to address the event on behalf of Council.

 

MOTION: (His Worship the Mayor, Cr. T. Seng) CARRIED – SEE RESOLUTION.

 

6.2     MAYOR’S MINUTE 40/2006 - REQUEST FOR THE WAIVING OF FEES FOR THE INSTALLATION OF A BANNER FOR OUR LADY OF THE SACRED HEART PRIMARY SCHOOL, RANDWICK. (F2004/07164)

 

154      RESOLUTION:  (His Worship the Mayor, Cr. T. Seng) that:

 

a)       the fees associated with the installation and dismantling of the banner at the southern end of Arden Street at Malabar Road be waived and $1,188.00 be allocated from the Contingency Fund 2006/2007;

 

b)       the Annual Fair organiser undertakes to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the Fair; and

 

c)       the Mayor or his representative be given the opportunity to address the Fair on behalf of Council.

 

MOTION: (His Worship the Mayor, Cr. T. Seng) CARRIED – SEE RESOLUTION.

 

6.3     MAYOR’S MINUTE 41/2006 – RANDWICK OPEN CARE FOR KIDS (ROCK) - LEASE OF 30/32 WARATAH STREET, RANDWICK.  (F2004/06336)

 

155      RESOLUTION:  (His Worship the Mayor, Cr. T. Seng) that Council undertaken to make good the items identified as structural maintenance on the list of issues prepared by DOCS in relation to 30-32 Waratah Street, Randwick and that this work be funded from the 2006/2007 Contingency Fund.

 

MOTION: (His Worship the Mayor, Cr. T. Seng) CARRIED – SEE RESOLUTION.

 

6.4     MAYOR’S MINUTE 42/2006 - RONALD McDONALD HOUSE - REQUEST FOR WAIVING OF FEES ASSOCIATED WITH SPECIAL RUBBISH PICK UP SERVICE. (F2004/06207)

 

156        RESOLUTION:  (His Worship the Mayor, Cr. T. Seng) that annual funding be allocated from the Contingency Fund to cover the cost of removal of rubbish for a pick up service six times each year for Ronald McDonald Houses Charities Australia.

 

MOTION: (His Worship the Mayor, Cr. T. Seng) CARRIED – SEE RESOLUTION.

 

6.5     MAYOR’S MINUTE 43/2006 – BASTILLE DAY 2006 AND THE FRENCH RENDEZVOUS FESTIVAL.  (F2005/00351)

 

157        RESOLUTION:  (His Worship the Mayor, Cr. T. Seng) that:

 

a)       Council provide the allocated $7,000.00 from the draft 2006/07 budget to Mr Wren and the French Rendezvous Festival to be used to assist in staging the Official Bastille Day Reception in conjunction with the French Consul General on 14 July 2006 at the La Perouse Historic Precinct and Museum;

 

b)       provide in kind support by advertising the Festival via the Mayor’s column;

 

c)       upon request, provide additional Waste Management on site at the Bastille Day Activity;

 

d)       all publicity relating to Bastille Day & the French Rendezvous Festival acknowledge Council’s contribution by displaying the logo; and

 

e)       the Mayor or his representative shall be given the opportunity to address the Bastille Day & the French Rendezvous Festival events on behalf of Council.

 

MOTION: (His Worship the Mayor, Cr. T. Seng) CARRIED – SEE RESOLUTION.

 

6.6     MAYOR’S MINUTE 44/2006 – INCLUSION OF COUNCILLORS' ATTENDANCE RECORDS IN ANNUAL REPORT.  (F2006/00239)

 

158        RESOLUTION:  (His Worship the Mayor, Cr. T. Seng) that all future Randwick City Council Annual Reports include a detailed councillor attendance record.

 

MOTION: (His Worship the Mayor, Cr. T. Seng) CARRIED – SEE RESOLUTION.

 

6.7     MAYOR’S MINUTE 45/2006 - RANDWICK GIRLS & BOYS HIGH SCHOOLS - 2006 ROCK EISTEDDFOD - REQUEST FOR FINANCIAL ASSISTANCE.  (F2004/07396)

 

159        RESOLUTION:  (His Worship the Mayor, Cr. T. Seng) that Council resolve to fund the Randwick Girls and Boys High School Rock Eisteddfod team $5,000.00 from the 2006/07 contingency fund for their 2006 production.

 

MOTION: (His Worship the Mayor, Cr. T. Seng) CARRIED – SEE RESOLUTION.

 

6.8     MAYOR’S MINUTE 46/2006 – FORMER MATRAVILLE INCINERATOR.  (F2004/06466)

 

160      RESOLUTION:  (His Worship the Mayor, Cr. T. Seng) that:

 

a)       Council receive and note this report and proceeds to undertake an investigation and assessment of the extent and nature of any potential contamination upon and adjacent to the former Matraville incinerator site; and

 

b)       a report be forwarded to Council for consideration following completion of the environmental investigation and assessment.

 

MOTION: (His Worship the Mayor, Cr. T. Seng) CARRIED – SEE RESOLUTION.

 

6.9     MAYOR’S MINUTE 47/2006 -  RANDWICK CITY TOURISM SPORTS COAST FLAGS – REQUEST FOR FINANCIAL ASSISTANCE. (F2004/06257

 

161       RESOLUTION:  (His Worship the Mayor, Cr. T. Seng) that Council approve $1,740.00 for the production of 20 “Sports Coast” flags, from the Council Contingency Fund 2006/07.

 

MOTION: (His Worship the Mayor, Cr. T. Seng) CARRIED – SEE RESOLUTION.

 

6.10   MAYOR’S MINUTE 48/2006 - AFFORDABLE HOUSING POLICY.  (F2005/07997)

 

162        RESOLUTION:  (His Worship the Mayor, Cr. T. Seng) that Council:

 

(a)      rescind ‘Randwick City Council Housing Policy No: 6.01.26’ (Attachment 1); and

 

(b)      endorse the updated version entitled ‘Randwick City Council Affordable Housing Policy’ (Attachment 2).

 

MOTION: (His Worship the Mayor, Cr. T. Seng) CARRIED – SEE RESOLUTION.

 

6.11   MAYOR’S MINUTE 49/2006 - APPLICATION TO MINISTER FOR REDUCTION IN COUNCILLOR NUMBERS.  (F2005/00751)

 

163        RESOLUTION:  (His Worship the Mayor, Cr. T. Seng) that:

 

(a)        the public be invited to make written submissions to the General Manager by 10th July, 2006 on whether a reduction in Randwick City Councillor numbers is desirable; and

 

(b)               if required, an Extraordinary Council Meeting be held to consider public submissions and, if necessary, resolve to apply to the Minister for a reduction in councillor numbers.

 

MOTION: (His Worship the Mayor, Cr. T. Seng) CARRIED – SEE RESOLUTION.

 

AMENDMENT: (Daley/Bastic) that part (b) of the recommendation be amended to read

an Extraordinary Council Meeting be held to consider public submissions and to resolve to apply to the Minister for a reduction in councillor numbers.” LOST.

A division on the motion was called for by Crs Matson and Hughes. Voting was as follows:-

 

For                                                                  Against

 

Andrews                                                          Matson

Bastic                                                               Hughes

Belleli                                                               Woodsmith

Daley

Nash

Notley-Smith

Procopiadis

His Worship the Mayor, Cr. T. Seng

Sullivan

Tracey

White

 

Crs Daley and Hughes left the chamber at this point in the meeting, the time being 8.05pm.

 

7.         GENERAL MANAGERS’ REPORTS.

 

7.1       GENERAL MANAGER'S REPORT 13/2006 - DRAFT MANAGEMENT PLAN 2006-09 AND BUDGET 2006-07.  (F2006/00161)

 

164      RESOLUTION:  (Notley-Smith/Belleli) that:

 

a)         the recommended General Fees & Charges be adopted as per Attachment 2 (GM’s Report 13/06);

b)         the construction of a footpath in front of 36 Midway Street Maroubra be included in the Footpath Construction Program;

c)         the Recommended Capital Works Program (as amended) be adopted for 2006/07;

d)         the Recommended Annual Budget 2006/2007 be adopted as per Attachment 3 (GM’s Report 13/06);

e)         the interest rate on overdue rates be calculated at 9.0% per annum, and charged daily, in accordance with the determination under s566(3) of the Local Government Act 1993, by the Minister for Local Government;

f)          the Recommended Management Plan 2006/09 (Attachment 1) be adopted as the Management Plan for 2006/09 under s406 (1) of the Local Government Act 1993;

g)         the Ordinary Residential Rate be made and levied by Council for 2006/07, under s494 and s498 (1)(a) and (2) of the Local Government Act 1993, as a rate of 0.22556 cents in the dollar on the land value of all rateable land within the City of Randwick being Residential land;

h)         the Ordinary Business Rate be made and levied by Council for 2006/07, under s494 and s498 (1)(a) and (2) of the Local Government Act 1993, as a rate of  0.8822 cents in the dollar on the land value of all rateable land within the City of Randwick being Business land;

i)          the minimum ordinary Residential rate be made and levied in 2006/07 under s548 (1) (a), (2), (4) & (5) of the Local Government Act 1993, as $529.30;

j)          the minimum ordinary Business rate be made and levied in 2006/07 under s548 (1)(a), (2), (4) & (5) of the Local Government Act 1993, as $853.00;

k)         the Domestic Waste Management Charge 2006/07 be levied under S496 of the Local Government Act 1993, as $294.60;

l)          the responsible financial officer be delegated to make changes as adopted by Council;

m)        all references to Independent Hearing Assessment Panels be removed from the Management Plan;

n)         the Coogee ocean pool pram ramps be deferred for further investigation;

o)         the Coogee bathing pool redesign be deleted and the $7,000.00 allocation be directed to re-examining access issues for all residents to both Coogee ocean pools and Coogee Beach;

p)         the $75,000.00 allocated to the Coogee ocean pool pram ramps be re-allocated, with $37,500.00 being allocated to access infrastructure across the city and $37,500.00 allocated to erect signage on streets across the city, giving a brief history of the street's name and any other matter of historical interest in the immediate vicinity, and to place metal plaques upon historic buildings or sites in the City of Randwick detailing the building or site's history and significance;

q)         strategic outcome 5, dot point 4 of the Management Plan be amended to include passive recreation along with the other activities noted;

r)         whenever consultation is recommended with local chambers of commerce, that the local precinct committees be included in the consultation process; and

s)         that a 25% discount rate be introduced for regular non-commercial users of the Bundock Street Community Centre and the fee for the receipt of Council business papers be doubled to $540.00 per year.

 

MOTION: (Notley-Smith/Belleli) CARRIED – SEE RESOLUTION.

 

AMENDMENT:(White/Daley) that the upgrade of the large nature strip south of Kemp Avenue, Matraville, which is used to access certain houses in the area, be reinstated in the 2006/07 budget. LOST.

 

A division on the amendment was called for by Crs Daley & White. Voting was as follows:-

 

For                                          Against

 

Andrews                                  Belleli

Bastic                                       Hughes

Daley                                       Matson

Procopiadis                              Nash

Sullivan                         Notley-Smith

Tracey                                      His Worship the Mayor, Cr. T. Seng (used casting vote)

White                                       Woodsmith

 

7.2       GENERAL MANAGER'S REPORT 15/2006 - COMMUNITY SATISFACTION SURVEY 2006.  (F2005/00865)

 

165      RESOLUTION:  (Nash/Notley-Smith) that the Community Satisfaction Survey 2006 be received and noted.

 

MOTION: (Nash/Notley-Smith) CARRIED – SEE RESOLUTION.

 

Cr Procopiadis left the chambers at this point in the meeting, the time being 8.08pm.

 

7.3       GENERAL MANAGER'S REPORT 16/2006 - PRECINCT COORDINATION COMMITTEE.  (F2005/00487)

 

 

166      RESOLUTION:  (Notley-Smith/Andrews) that:

 

a)         the minutes of the PCC meeting of 23 March 2006 be noted;

 

b)         the boundaries of the Precinct Committee areas be adopted; and

 

c)         the updated Precinct Committee Rules and Procedures document be adopted.

 

MOTION: (Notley-Smith/Andrews) CARRIED – SEE RESOLUTION.

 

7.4       GENERAL MANAGER'S REPORT 17/2006 - THE RANDWICK CITY PLAN, 'RICH HISTORY - BRIGHT FUTURE'.  (F2004/07978)

 

167      RESOLUTION:  (Andrews/Nash) that:

 

a)         the comprehensive and innovative approach taken towards preparing the Randwick City Plan be noted; 

 

b)         the ‘Randwick City Plan’ as amended, be endorsed; and

 

c)         Council agree that the Director City Planning may make minor modifications to the draft plan and background papers to rectify numerical, typographical, interpretive and formatting errors if required, in the completion and printing of the draft plan material.

 

MOTION: (Andrews/Nash) CARRIED – SEE RESOLUTION.

 

7.5       GENERAL MANAGER'S REPORT 18/2006 - PAID PRINT MEDIA ADVERTISING POLICY.  (F2005/00161 XR F2005/00282)

 

168      RESOLUTION:  (Notley-Smith/Andrews) that Council adopts the Paid Print Media Advertising Policy.

 

MOTION: (Notley-Smith/Andrews) CARRIED – SEE RESOLUTION.

 

7.6       GENERAL MANAGER'S REPORT 19/2006 - HEFFRON PARK LANDSCAPE CONCEPT PLAN EXHIBITION.  (F2006/00141)

 

169      RESOLUTION:  (Matson/Nash) that:

 

1.        Council adopt the exhibited Landscape Concept Plan, as a basis for further discussion with the Department of Lands and with specific groups in relation to proposed changes as follows:

 

a.         reconfiguration of the rugby league fields in the south west corner of the Park in consultation with the Matraville Tigers Rugby League Football Club;

b.         relocation of two of the small multi-use facility buildings in consultation with Eastern Suburbs Soccer Football Association and other sporting groups;

c.         clarification that the relocated aquatic centre will include a 50 metre outdoor pool and other pools which can be used for other types of activities eg. water polo and hydrotherapy;

d.         changes to the size of the main cricket oval (if required) to accommodate an AFL sized field in consultation with cricket and AFL representatives; and

e.         the removal of all references to residential development in the airspace above the multi-use recreation centre; and

 

2.         Council note that further investigations into a broader range of funding options and staging be undertaken and reported back to Council.

 

MOTION: (Matson/Nash) CARRIED – SEE RESOLUTION.

 

A division was called for by Crs Matson and Sullivan. Voting was as follows:-

 

For                                                                              Against

 

Andrews

Bastic

Belleli

Daley

Hughes

Matson

Nash

Notley-Smith

Procopiadis

His Worship the Mayor, Cr. T. Seng

Sullivan

Tracey

White

Woodsmith

 

7.7       GENERAL MANAGER'S REPORT 20/2006 - INCORPORATION OF MAROUBRA BEACH BUS/TRAM TERMINUS INTO ARTHUR BYRNE RESERVE.  (F2004/07367)

 

170      RESOLUTION:  (Belleli/Notley-Smith) that the report be received and noted.

 

MOTION: (Belleli/Notley-Smith) CARRIED – SEE RESOLUTION.

 

8.         DIRECTOR, CITY SERVICES’ REPORTS.

 

8.1       DIRECTOR, CITY SERVICES' REPORT 49/2006 - CANCELLING AND RECALLING THE CURRENT TENDER FOR CONSTRUCTION OF THE STORMWATER FIRST FLUSH SYSTEM AND UPGRADE OF THE IRRIGATION SYSTEM AT COUNCIL'S COMMUNITY NURSERY.  (F2006/00104)

 

171      RESOLUTION:  (Notley-Smith/Andrews) that Council not accept any tenders and recall tenders for the construction of stormwater first flush system and upgrade of the irrigation system at Council’s Community Nursery.

 

MOTION: (Notley-Smith/Andrews) CARRIED – SEE RESOLUTION.

 

 

 

9.         DIRECTOR, GOVERNANCE & FINANCIAL SERVICES’ REPORTS.

 

9.1       DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 38/2006 - IMPROVING TRANSPARENCY OF COUNCIL'S TENDER PROCESS.   (F2005/00699)

 

172      RESOLUTION:  (Nash/Notley-Smith) that:

 

(a)        Council affirm its support for the Department of Local Government’s “Tendering Guidelines for NSW Local Government” and also the Premier’s Departments “Guidelines for the Disclosure of Information in NSW Government Contracts” particularly with respect to the confidentiality of tender/contract information; and

 

(b)        Where possible, taking the above guidelines into consideration, Council’s deliberations concerning the awarding of a tender be carried out in open Council session.

 

MOTION: (Nash/Notley-Smith) CARRIED – SEE RESOLUTION.

 

9.2       DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 39/2006 - AUTHORITY TO ENTER INTO LICENCE AGREEMENT AND AFFIXING OF THE COMMON SEAL.  (F2004/06336 XR F2004/07367)

 

173      RESOLUTION:  (Notley-Smith/Andrews) that authority is granted to enter into licence agreements with S.O.S. Pre-School, Randwick/South Sydney Family Day Care, Malabar Occasional Child Care Centre, KU Childcare Centre and Duffy’s Corner Occasional Child Care Centre.  The value of the license agreements will be subject to the determination of the Grants, Subsidies and Donations Policy and Council’s Common Seal to be affixed to the agreements.

 

MOTION: (Notley-Smith/Andrews) CARRIED – SEE RESOLUTION.

 

9.3       DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 40/2006 - AUTHORITY TO ENTER INTO LEASE AGREEMENT AND AFFIXING OF THE SEAL.  (F2004/06336)

 

174      RESOLUTION:  (Notley-Smith/Andrews) that authority is granted to enter into a forty four (44) month lease with Randwick Open Care for Kids Inc for 30-32 Waratah Avenue, Randwick. The value of the lease will be subject to the determination of the Grants, Subsidies and Donations Policy and Council’s Common Seal to be affixed to the agreement.

 

MOTION: (Notley-Smith/Andrews) CARRIED – SEE RESOLUTION.

 

9.4       DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 41/2006 - SHOP LOCAL POLICY.  (F2004/06377)

 

175      RESOLUTION:  (Notley-Smith/Andrews) that the following guiding principle be included in Council’s Purchasing Policy:

 

That Council utilise local suppliers and/or Australian-made products, recycled (or partly recycled) products and energy efficient/clean (waste minimising) technologies, where possible, taking price, quality and other relevant considerations into account.

MOTION: (Notley-Smith/Andrews) CARRIED – SEE RESOLUTION.

 

9.5       DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 42/2006 - AFFIXING OF THE SEAL.  (F2004/07367)

 

176      RESOLUTION: (Notley-Smith/Andrews) that authority be granted for the Council’s Common Seal to be affixed to the agreements between Council and:

 

1.         Bill Baltatzis (T/As Arthurs Pizza) in relation to a licence for the purpose of outdoor dining at 47 Perouse Road, Randwick;

2.         Paul Varga & Hana Berankova (T/As Green Mango Café & Catering) in relation to a licence for the purpose of outdoor dining at 220 Clovelly Road, Clovelly;

3.         Anthony Burrows (T/As The Coogee Bite Café) in relation to a licence for the purpose of outdoor dining at 126A Beach Street, Coogee; and

4.         NSW Department of Housing in relation to a request for a Resumption Application in accordance with Section 31a(3) of the Real Property Act, 1900 for land known as Lot 1, DP 789036.

 

MOTION: (Notley-Smith/Andrews) CARRIED – SEE RESOLUTION.

 

10.       DIRECTOR, CITY PLANNING REPORTS.

 

10.1     DIRECTOR, CITY PLANNING REPORT 55/2006 - 53 DONCASTER AVENUE, KENSINGTON.  (DA 875/2005)

 

177        RESOLUTION:  (Procopiadis/Andrews) that:

 

A.      Council support the objection under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with clauses 31(2) and 32(2), of the Randwick Local Environmental Plan 1998 (as amended) relating to Landscaped Area and  Floor Space Ratio, on the grounds that the proposed development is consistent with the objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

AND

 

B.      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 875/2005 for Alterations and first floor additions and conversion of the existing dwelling house into a boarding house containing 17 single bedrooms, 3 double rooms and an on-site manager's room (total of 21 rooms), associated bathrooms, laundry and living rooms and one off street parking space at 53 Doncaster Avenue, Kensington 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 Director City Planning:

 

1.       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 streetscape.

 

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 City Planning, in accordance with section 80(3) of the Environmental Planning and Assessment Act 1979 prior to this consent being operational. The colour scheme is to be consistent with the predominant colours in the surrounding area.

 

2.       The parapet to the ground floor level is to be deleted from the northern and western elevations of the development. A gable end is to be provided to the western elevation consistent with the proposed metal pitched roof. This condition is imposed to minimise the height and bulk of the development and provide a traditional roof form consistent with the residential character of the area.

 

Evidence required to satisfy these conditions must be submitted to Council within 12 months of the date of this consent.

 

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

 

Development Consent Conditions

 

1.       The development must be implemented substantially in accordance with the plans  drawn by Arttech Design and Construction numbered Job No. 0506 and sheet numbers 01C through to 04C, dated 08/05/06 in the amendments box and stamped  received by Council on 9 May 2006, the application form and on any supporting information received with the application, except as may be amended by the details/amendments approved pursuant to the deferred commencement conditions and the following conditions and as may be shown in red on the attached plans:

 

2.       A 2m high masonry wall shall be constructed along the northern boundary of site commencing from the rear of the existing garage at No51 Doncaster Ave and ending at the north western corner of the site.

 

3.       The consent of Council must be obtained prior to the erection of any advertising unless exempted under Council’s Development Control Plan - Exempt and Complying Development.

 

4.       The garbage storage area is to be moved from the western elevation of the development to be located centrally on the rear (western boundary). The garbage storage area is to be screened from view by vegetation and is to comply with the requirements of development consent conditions 92-94 and any requirements of the waste management plan approved by Council. The garbage storage area is to have a maximum height of 1.7 metres from ground level. Details are to be provided with the Construction Certificate application.

 

5.       An additional operable window is to be provided to the western elevation of the kitchen to provide for natural light and ventilation. The southernmost edge of the window is to be setback a minimum of 3.5 metres from the southern boundary to minimise amenity impacts to adjoining properties. Details are to be provided with the Construction Certificate application.

 

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:

 

6.       The access gate in the western fence of the development is to be moved so as to align with the east-west pathway between the western boundary and the living area as shown on Sheet 01C of the approved plans. Screen planting is to be provided between the pathway and the northern boundary to minimise amenity impacts. Details are to be provided with the Construction Certificate application.

 

7.       The easternmost carparking space (adjacent to the front boundary of the site) is to be deleted as it is located below the issued flood level of RL27.90(AHD). The remaining space is to be constructed at RL27.90(AHD). Details are to be provided on the plans submitted with the Construction Certificate application. This condition is imposed to protect life and property in the event of a flood.

 

8.       Nine (9) secure bicycle spaces are to be provided to the development. Provision for 4 spaces is to be provided at the front of the site behind the approved carparking space and an additional 5 spaces are to be provided at the rear of the site adjacent to the new location of the garbage storage area. The bicycle parking at the front of the site is not to block access along the northern side of the development and is to maintain minimum car space dimensions of 2.5 x 5.5 metres. This condition is imposed to encourage the use of sustainable means of transport and to complement the use of the site for affordable housing purposes. Details required by this condition are to be included in the drawings submitted with the Construction Certificate application.

 

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:

 

9.       Metal roof sheeting is to be painted or colour bonded to minimise reflection and to be sympathetic and compatible with the building and surrounding environment.

 

10.     There must be no encroachment of the structures onto any adjoining premises or onto Council’s road reserve, footway or public place, unless permission has been obtained from the owners of the adjoining land accordingly.

 

11.     Any gate openings shall be constructed so that the gates, when hung, will be fitted in such a manner that they will not open over the footway or public place.

 

12.     All plumbing and drainage pipes, other than rainwater heads, gutters and downpipes, must be concealed within the building.

 

13.     No cooking facilities or sanitary fittings other than those indicated on the approved plans are to be installed in the premises without the prior written consent of the Council.

 

14.     Power supply and telecommunications cabling to the development shall be underground.

 

15.     A single common television aerial, and/or satellite dish (having a maximum diameter of 700mm and not located on the front or street elevation of the building) is to be installed to serve the development.

 

16.     Internal or external clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

Should external clothes drying facilities be provided, the facilities must be adequately screened by vegetation and details are to be incorporated into the landscaping plans, to the satisfaction of the certifying authority.

 

17.     The finished ground levels external to the building are to be consistent with the development consent and are not to be raised (other than for the provision of paving or the like on the ground) without the written consent of Council.

 

18.     Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

The following conditions are imposed to promote ecologically sustainable development and energy efficiency:

 

19.     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 noted in the construction certificate plans or specifications.

 

20.     External timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturer’s details.

 

Details of compliance with the requirements for insulation are to be included in the construction certificate application.

 

21.     Hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

22.     As a minimum appliances provided within the development are to satisfy the following energy ratings:

 

·                Clothes dryers minimum 2.5 star

·                Dishwashers minimum 3 star

·                Air conditioners minimum 4 star

·                Clothes washers minimum 4 star

·                Fridge minimum 4 star

 

23.     A rainwater tank, of sufficient size to provide water for irrigation of landscaped areas within the development and for internal toilet flushing and clothes washing machine use, is to be provided to the development in accordance with Council’s Rainwater Tank Policy, to Council’s satisfaction.

 

The tank is to be located a minimum of 1.5m from the side boundaries and is to have a maximum height of 2.4 metres. The tank is to be installed behind the front building line and is to be located at ground level and be incorporated into the relevant construction certificate, to the satisfaction of the Certifying Authority.

 

The noise level from the pump is not to exceed 5dBA above ambient background noise, measured at the property boundary and the pump must not be audible within any dwelling located upon any other premises between 10pm and 8am.

 

24.     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 operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

25.     A report/statement, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council ’s approval, to the satisfaction of Council’s Manager of Environmental Health & Building Services.

 

26.     The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

27.     The premises shall be operated in accordance with ‘Boarding House Management Plan’, prepared by CQ Consulting, and received by Council on 21 October 2005, made available to all occupants and shall be enforced by the Manager located on site.

 

The following conditions are applied to satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

28.     The use and operation of the premises shall not give rise to an environmental health or public nuisance and there are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

29.     The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these legislative requirements is an offence and may result in the commencement of legal proceedings, issuing of `on-the-spot` penalty infringements or service of a notice and order by Council.

 

30.     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.

 

31.     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.

 

32. Prior to the commencement of any building works, the person having the benefit of the development consent must:-

 

i)      appoint a Principal Certifying Authority for the building work, and

 

ii)     appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

 

iii)    unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

 

iv)    give at least two days notice to the Council, in writing, of the person’s intention to commence building works.

 

In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

33.     The building works must be inspected by the Principal Certifying Authority (or another certifying authority if the Principal Certifying Authority agrees), in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected in accordance with section 81A (2) (b1) (ii) of the Environmental Planning & Assessment Regulation 2000 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 details of compliance with Council’s consent is to be maintained by the Principal Certifying Authority.  Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council with the occupation certificate.

 

The principal contractor or owner-builder (as applicable) must ensure that the required critical stage and other inspections, as specified in the Principal Certifying Authority’s “Notice of Critical Stage Inspections”, are carried out to the satisfaction of the Principal Certifying Authority and at least 48 hours notice (excluding weekends and public holidays) is to be given to the Principal Certifying Authority, to carry out the required inspection, before carrying out any further works.

 

34.     A sign must be erected and maintained in a prominent position on the site, which contains the following details:

 

·            name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

·            name, address and telephone number of the Principal Certifying Authority,

·            a statement stating that “unauthorised entry to the work site is prohibited”.

 

35.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

36.     Prior to the issuing of an interim or final occupation certificate, a statement is required to be obtained from the Principal Certifying Authority, which confirms that the development is not inconsistent with the development consent and the relevant conditions of development consent have been satisfied.

 

Details of critical stage inspections carried out by the principal certifying authority together with any other certification relied upon must also be provided to Council with the occupation certificate.

 

37.     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 provisions 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 principal building contractor and compliance with the provisions of the Home Building Act 1989 (i.e. Details of the principal licensed building contractor and a copy of the Certificate of Insurance) are to be submitted to Council prior to the commencement of works, with the notice of appointment of the PCA / notice of intention to commence building work.

 

38.     The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, is to be forwarded to the Long Service Levy Corporation or the Council, prior to the issuing of a Construction Certificate, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.

 

39.     The building is required to be provided with a smoke alarm system complying with Clause 3 of Specification E2.2a of the Building Code of Australia or a smoke detection system complying with Clause 4 of Specification E2.2a of the Building Code of Australia 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.  The smoke detectors located within the stairway, corridors or the like must be interconnected.

 

Additional requirements regarding the design and installation of the smoke detection and alarm system may be specified in the construction certificate for the development.

 

The following condition has been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

40.     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:

 

41.     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.

 

42.     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 made available to the Council officers and all building contractors for assessment.

 

43.     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 supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling 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 and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

Retaining walls, shoring, or piling must be designed and installed in accordance with appropriate professional standards and the relevant requirements of the Building Code of Australia and Australian Standards.  Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

44.     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 and excavation 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.

 

45.       Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and (except as detailed below) between 8.00am to 5.00pm on Saturdays.

 

All building, demolition and associated site works are strictly prohibited on Sundays, Public Holidays and also on Saturdays adjacent to a Public Holiday.

 

In addition, the use of any rock excavation machinery or any mechanical pile drivers or the like is restricted to the hours of 8.00am to 5.00pm (maximum) on Monday to Friday only, to minimise the noise levels during construction and loss of amenity to nearby residents.

 

46.     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

 

47.     Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

48.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

 

The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, materials, soils or debris at all times.  Any damage caused to the road, footway or nature strip must be repaired immediately, to the satisfaction of Council.

 

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.

 

49.     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, soil and debris at all times.

 

50.     Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval 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 Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.  Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

51.     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.

 

52.     During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.

 

Adequate dust control measures must be provided to the site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.

 

Dust control measures and practices may include:-

·                        Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the site fencing).

·                        Covering of stockpiles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.

·                        Installation of a water sprinkling system or provision hoses or the like.

·                        Regular watering-down of all loose materials and stockpiles of sand, soil and excavated material.

·                        Minimisation/relocation of stockpiles of materials, to minimise potential for disturbance by prevailing winds.

·                        Revegetation of disturbed areas.

 

53.     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.

 

Details of the proposed sediment control measures are to be detailed in a site water management plan and must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the approved details must be forwarded to the Council and a copy is to be maintained on-site and be made available to Council officers upon request.

 

Details of proposed sediment and erosion control measures shall include; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

54.     Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line 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, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

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.

 

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

 

56.     Public safety must be maintained at all times and 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. 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.

 

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.

 

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.

 

Temporary fences and hoardings are to be structurally adequate, safe and be constructed in a professional 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.

 

If it is proposed to locate any site fencing, hoardings 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.

 

57.     A local approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities on a footpath, road or nature strip or in any public place:-

 

·                            Install or erect any site fencing, hoardings or site structures

·                            Operate a crane or hoist goods or materials over a footpath or road

·                            Placement of a waste skip (grater than 3m in length) or any container or other article.

 

58.   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, verandah’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 and condition 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 condition is applied to provide access and facilities for people with disabilities:

 

59.     Access and facilities for people with disabilities must be provided to and within the building to two (2) sole occupancy units in accordance with the relevant provisions of the Building Code of Australia and AS1428.1 to the satisfaction of the Certifying Authority.  Details of the proposed access and facilities for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

The following conditions have been applied to ensure compliance with Local Government Legislation and Policies of Council:

 

60.     Places of Shared Accommodation must comply with the Local Government (General) Regulation 2005 and the premises must be registered with the Council prior to occupation and on an annual basis, and the approved registration/inspection fee is to be forwarded to Council prior to occupation.

 

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

 

61.     Prior to the issue of an occupation certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

a)   Construct a concrete vehicular crossing and layback at kerb opposite the proposed vehicular entrance to the site.

 

b)   Repair/replace any damaged sections of Council’s footpath along the full site frontage.

 

62.     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.

 

63.     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.

 

64.     Any new walls/fences adjacent to the vehicular crossing must be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site or splayed 1.5 metre by 1.5 metre to provide satisfactory sight lines.

 

65.     The driveway opening at the Doncaster Avenue frontage must be 3.00 metres wide in accordance with AS2890.1:2004.

 

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

 

66.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall be:

 

   20mm above the back of the existing footpath, at all points opposite the footpath, along the full site frontage.

 

Any enquiries regarding this matter should be directed to Council’s Development Engineers on 9399 0923.

 

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

 

67.     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.

 

68.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $121.00 (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:

 

69.     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.

 

70.     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.

 

71.     Documentary evidence from the relevant public utility authorities confirming that their requirements have been satisfied, must be submitted to the certifying authority prior to a construction certificate being issued for the development.

 

72.     Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant must liaise with Energy Australia prior to lodging the construction certificate to determine whether or not an electricity substation is required for the development.

 

73.     A Section 73 Compliance Certificate under the Sydney water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92.

 

Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

The Notice must be issued to the Principal Certifying Authority prior to the construction certificate being issued.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development.

 

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

 

74.     The floor level of all habitable and storage areas shall be at a minimum RL of 28.05 (AHD).

 

Note: The submitted Ground and First Floor Plan Sheet No. 01C dated 8 May 2006 demonstrates compliance with this requirement.

 

75.     The level of the proposed open car parking space shall be at RL27.90 (AHD). The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

76.     All structural walls on the ground floor level shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Management Manual (New South Wales Government, January 2001). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

It is noted that this requirement does not necessitate the development being flood proof/water tight up to the PMF event, rather the requirement is to ensure that the development will not be structurally damaged in manner that could endanger lives during the PMF event.

 

77.     Stormwater drainage plans have not been approved as part of this development consent. 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 issued, 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. 

 

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.

 

78.     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.

 

79.     All site stormwater must be discharged (by gravity) to either:

 

a)   The kerb and gutter or drainage system at the front of the property; OR

b)   A suitably sized infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

 

80.     Should stormwater be discharged to Council’s street drainage system, 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 10 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.

 

Should no formal overland escape route be provided for storms greater than the design storm, the on-site detention system shall be sized for the 1 in 100 year storm event.

 

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.

 

81.     Should stormwater be discharged to an infiltration system, the infiltration area shall be  sized for all storm events up to the 1 in 20 year storm event with provision for a formal overland flow path to Council’s Street drainage system.

 

Should no formal overland escape route be provided for storms greater than the design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

 

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

 

83.     The detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

84.     The maximum depth of ponding in above ground detention areas (and/or infiltration systems with above ground storage) shall be as follows:

 

a)   150mm in uncovered carparking areas (with an isolated maximum depth of 200mm permissible at the low point pit within the detention area)

b)   300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and side’s slopes are steeper than 1 in 10)

c)   600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

d)   1200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

 

Notes:

·        It is noted that above ground storage will not be permitted in any area which may be used for storage of goods.

·        Mulch/bark must not be used in onsite detention areas

 

85.     Any above ground stormwater detention areas (and/or infiltration systems with above ground storage) must be suitably signposted where required, warning people of the maximum flood level.

 

86.     The floor level of all habitable and storage areas adjacent to the detention area (and/or infiltration systems with above ground storage) must be a minimum of 300mm above the maximum water level in the detention area 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).

 

87.     A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

88.     A ‘V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention/infiltration area.

 

89.     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 wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

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.

 

90.     A sediment/silt arrester pit must be provided:-

 

a)       within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

b)       prior to stormwater discharging into any absorption/infiltration system.

 

The sediment/silt arrester pit shall be constructed in accordance with the following requirements:-

 

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

 

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

 

·                    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 located over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

 

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

 

·                    A child proof and corrosion resistant fastening system provided for the access grate (e.g. spring loaded j-bolts or similar).

 

·                    A sign adjacent to the pit stating:

 

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

 

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

 

91.     Prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention/infiltration system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

a.   The “restriction on the use of land” 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 Development Engineer.

b.   If new linen plans are being prepared for the site, the plans shall indicate the locations and dimensions of the detention/infiltration areas. 

 

92.     Prior to the issuing of an occupation certificate, the applicant shall submit to Council, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

a)          The location of the detention basin with finished surface levels;

b)          Finished site contours at 0.2 metre intervals;

c)           Volume of storage available in the detention areas;

d)          The location, diameter, gradient and material (i.e PVC, RC etc) of all stormwater pipes;

e)           The orifice size(s) (if applicable);

f)           Details of any infiltration/absorption systems; and

g)          Details of any pumping systems installed (including wet well volumes).

 

93.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent and appropriate engineering standards. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

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

 

94.     The waste storage area shall be sized to contain at least 8 x 240 litre bins (4 garbage bins & 4 recycle bins) whilst providing satisfactory access to these bins.

 

95.     The waste storage area shall be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

96.     The waste storage area shall be clearly signposted.

 

97.     Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste a Waste Management Plan detailing waste and recycling storage and disposal for the development site, post construction.

 

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

 

98.     A landscape plan prepared by a suitably qualified horticulturalist shall be submitted to, and be approved by, the certifying authority, prior to the issue of a construction certificate. The plan will be required to show:

 

a)       All proposed landscape treatment throughout the site, including proposed species, quantity and location.

b)       The location of all existing trees within the property (clearly identified as being retained or removed) and existing street trees, clearly identified as being retained or removed.

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

 

99.     The landscaping shall contain a suitable mixture of hard and soft landscape works including appropriately selected groundcovers, accent plants, shrubs and trees.

 

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

 

101.   The nature strip 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 with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

102.   The nature strip 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.

 

103.   All detention tanks and below ground 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.

 

104.   Approval is granted for the removal of the following trees subject to the implementation of landscaping at the site in accordance with the landscape plan approved for the construction certificate.

 

a)       One dead street tree on Council’s Doncaster Avenue nature strip, south of the proposed vehicle crossing.

b)       One Mangifera indica (Mango Tree) in the rear yard, along the northern boundary.

 

105.   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 any neighbouring trees.

 

106.   In order to ensure the retention of the most southern street tree, Schinus areira (Peppercorn Tree) located on Council’s Doncaster Avenue nature strip 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 tree with the position of its trunk and full diameter of its canopy clearly shown on all drawings.

 

b.         The tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which shall be located a minimum distance of 1 metre from the outside edge of the trunk to completely enclose the tree. This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed.

 

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

 

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 and no stockpiling of soil or rubble.

 

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.     A Local Approval application is required to be submitted to and approved by Council, in accordance with the provisions of Section 68 of the Local Government Act 1993 in relation to the place of shared accommodation, prior to the occupation of the proposed development.

 

A3.     The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA) and the construction certificate must not be inconsistent with the development consent.

 

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)       Part C2                     -       Compartmentation and separation

d)       Part C3                     -       Protection of openings

e)       Clause D1.4              -       Exit travel distances

f)        Part D3                     -       Access for people with disabilities

g)       Part E1                     -       Fire fighting equipment

h)       Part E2                     -       Smoke Hazard Management

i)        Part E4                     -       Emergency lighting, exit signs & warning systems

j)        Part F1                     -       Damp and weatherproofing

k)       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.

 

You are advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with Council’s Building Certification Services or your accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

A4.   The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

The applicant/owner is requested to give consideration to providing access and facilities for people with disabilities in accordance with Australian Standard 1428 Parts 1, 2, 3 and 4 - Design for Access and Mobility, which may be necessary to satisfy the objectives of the Disability Discrimination Act 1992.

 

MOTION: (Hughes/Matson) THAT 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. 875/2005 for Alterations and first floor additions and conversion of the existing dwelling house into a boarding house containing 17 single bedrooms, 3 double rooms and an on-site manager's room (total of 21 rooms), associated bathrooms, laundry and living rooms and two off street parking spaces at 53 Doncaster Avenue, Kensington for the following reasons:-

1.                  The proposed floor space ratio (FSR) does not comply with Clause 32 of RLEP 1998 and the SEPP 1 objection is not well founded as the proposal results in a building which will adversely affect adjoining development in terms of visual bulk and scale and overshadowing.

2.                  The density proposed in terms of the number of rooms and residents is incompatible with the surrounding area and will result in amenity impacts to the locality.

3.                  The proposal does not provide adequate car parking given the existing parking demand in the area and will detrimentally impact on the parking capacity and traffic flows of the surrounding streets.

4.                  The proposal does not comply with the landscaping requirements of Clause 31 of RLEP 1998 and the SEPP 1 objection is not well founded as the proposed landscaped area does not provide adequate recreation area for the number of residents envisaged and does not indicate significant planting to enhance the landscape character of the area.

5.                  The proposal represents an overdevelopment of the site given the significant departures from the FSR and Landscaped Area controls and inadequate parking provision. LOST.

 

MOTION: (Procopiadis/Andrews) CARRIED – SEE RESOLUTION.

 

10.2  DIRECTOR, CITY PLANNING REPORT 56/2006 - BUNDOCK STREET WETLANDS.  (F2004/06778)

 

178        RESOLUTION:  (Notley-Smith/Andrews) that the report be received and noted.

 

MOTION:(Notley-Smith/Andrews) CARRIED – SEE RESOLUTION.

 

10.3  DIRECTOR, CITY PLANNING REPORT 57/2006 - UPDATE ON THE PREPARATION OF A COMPREHENSIVE LEP FOR RANDWICK CITY.  (F2004/08093)

 

179      RESOLUTION: (Notley-Smith/Andrews) that:

 

a)         Council agree with the preparation of the comprehensive LEP and DCP; and

 

b)         Council note the progress report and timeframe for the preparation of the Comprehensive Local Environmental Plan and Development Control Plan.

 

MOTION:(Notley-Smith/Andrews) CARRIED – SEE RESOLUTION.

 

11.       PETITIONS.

 

11.1     PETITION SUBMITTED BY HIS WORSHIP THE MAYOR ON BEHALF OF RESIDENTS REQUESTING A SOFTER COVERING OF THE FLOOR AT THE NEW BUNDOCK STREET COMMUNITY CENTRE. (F2004/07745)

 

180      RESOLUTION: (Notley-Smith/Nash) that the petition tabled be received and noted.

 

MOTION:(Notley-Smith/Nash) CARRIED – SEE RESOLUTION.

 

12.       MOTIONS PURSUANT TO NOTICE.

 

12.1     MOTION BY COUNCILLOR NOTLEY-SMITH – PAINTING OF CYCLEWAY.  (F2004/07424 XR F2005/00171)

 

181      RESOLUTION: (Notley-Smith/Andrews) that a report be brought to the Works Committee on the infill painting of cycle ways in areas of heavy vehicular traffic and where cycle ways cross major intersections.

 

MOTION:(Notley-Smith/Andrews) CARRIED – SEE RESOLUTION.

 

12.2     MOTION BY COUNCILLOR NOTLEY-SMITH – STREET HISTORY SIGNAGE.  (F2004/07249 XR F2005/00171)

 

This motion was withdrawn with the consent of Council.

 

12.3     MOTION BY COUNCILLOR NOTLEY-SMITH – DETAILING OF HISTORICAL BUILDINGS.  (F2004/07249 XR F2005/00171)

 

This motion was withdrawn with the consent of Council.

12.4     MOTION BY COUNCILLOR NOTLEY-SMITH – BUS SHELTERS.  (F2004/07425 XR F2005/00171)

 

182        RESOLUTION: (Notley-Smith/Andrews) that Council carry out an investigation into bus shelters in the City of Randwick to study whether they need to be enlarged to cope with the increasing number of peak hour commuters.

 

MOTION:(Notley-Smith/Andrews) CARRIED – SEE RESOLUTION.

 

12.5     MOTION BY COUNCILLOR MATSON – RECONSIDERATION OF HCB REPACKING ISSUE. (F2004/07897 XR F2005/00171)

 

183        RESOLUTION: (Matson/Belleli) that:

 

(a)        Council review its position on the proposed repacking of HCB waste at Orica; and

 

(b)        Council make a further submission to the Department of Planning concerning Orica’s proposed HCB waste repackaging plant at the Botany Industrial Park, Matraville that will:

(i)           note Council’s concern over the poor track record of Orica in environmental matters, exemplified by its polluting of local ground water systems and subsequent further contamination through the operation of its groundwater treatment plant;

 

(ii)                   express Council’s concern to the Department that Orica may also mismanage the recycling/repacking of its stored HCB waste; and

 

(iii)                 requesting details on how the state government intends to ensure that a proper risk assessment will be conducted into the question of what additional risks might be posed to the local community and environment by a malfunction of the repackaging plant.

 

MOTION: (Matson/Belleli) CARRIED - SEE RESOLUTION.

 

12.6     MOTION BY COUNCILLOR MATSON – CLARIFICATION OF MP’S OPPOSITION TO LIGHT RAIL.  (F2004/08175 XR F2005/00171)

 

184        RESOLUTION:  (Notley-Smith/Andrews) that Council write to the MP’s for Maroubra and Heffron noting its disappointment with their recent media statements opposing the return of Light Rail to the Eastern Suburbs and asking them to clarify the case against Light Rail as a viable public transport option for the Eastern Suburbs.

 

MOTION: (Notley-Smith/Andrews) CARRIED - SEE RESOLUTION.

 

12.7     MOTION BY COUNCILLOR MATSON – RESPONSE TO PETITION CONCERNING VICAR STREET BACKPACKERS.  (F2005/00161 XR F2005/00171)

 

185        RESOLUTION: (Notley-Smith/Andrews) that Council respond to the Manager Environmental Health and Building Service’s report concerning backpackers in Vicar Street, Coogee by setting up a task force of Councillors, Council Officers and Precinct Committee representatives to determine legislation reforms in this area.

MOTION: (Notley-Smith/Andrews) CARRIED - SEE RESOLUTION.

 

12.8     MOTION BY COUNCILLOR DALEY – ADULT SERVICES AND REMEDIAL MASSAGE PREMISES IN RANDWICK CITY COUNCIL.  (F2004/07005 XR F2005/00171)

 

186        RESOLUTION:  (Daley/Andrews) that:

 

a)         Council conduct an examination of advertisements which appear in the Southern Courier newspaper (and other newspapers circulating in the area of Randwick City Council), for “Adult Services” at premises within the Randwick City Council area to ascertain whether activities which could be described as “adult services” are being conducted contrary to or without Council approval and;

 

b)         Until further notice all Development Applications lodged with Council for remedial massage and/or “adult services” be brought before a meeting of Council or the Health, Building & Planning Committee of Council.

 

MOTION: (Daley/Andrews) CARRIED – SEE RESOLUTION.

 

 

13.       URGENT BUSINESS.

 

Nil.

 

14.              CONFIDENTIAL REPORTS.

 

14.1     CONFIDENTIAL GENERAL MANAGER'S REPORT 14/2006 - DRAFT MANAGEMENT PLAN 2006-09 AND BUDGET 2006-07.  (F2006/00161)

 

187        RESOLUTION:  (Notley-Smith/Andrews) that the Recommended Confidential Fees and Charges 2006/07 be adopted for 2006/07.

 

MOTION: (Notley-Smith/Andrews) CARRIED - SEE RESOLUTION.

 

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.

 

EXCLUSION OF PRESS AND PUBLIC

 

At the commencement of the meeting, the Committee-of-the-Whole RESOLVED, pursuant to Section 10A (2) (a) of the Local Government Act 1993, that the press and public be excluded from the whole of this meeting of the Committee as the matter under consideration dealt with personnel matters concerning particular individuals (other than councillors), 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.

 

RESOLVED: (His Worship the Mayor, Cr. T. Seng/Notley-Smith) that the Ordinary Meeting of the Council be adjourned at 8.32pm to consider the confidential item in closed session.

 

RESOLVED: (His Worship the Mayor, Cr. T. Seng/Notley-Smith) that the Ordinary Meeting of the Council be resumed at 8.47pm.

 

16.       REPORT OF COMMITTEE-OF-THE-WHOLE.

 

The General Manager reported that the following matter had been considered and the following recommendation to the Council had been formulated by the Committee-of-the-Whole.

 

CONFIDENTIAL GENERAL MANAGER'S REPORT 21/2006 - MAROUBRA BEACH PAVILION CAFE TENDER.  (F2004/06569)

 

188        RESOLUTION:  (Belleli/Woodsmith) that:

 

a)         this report be reviewed and noted;

 

b)         Deacons solicitors be engaged to conduct a training session with Councillors and relevant staff on the responsibilities and obligations under Council’s Code of Conduct. The training session to be conducted Tuesday 18 July 2006 at 6.00pm at Council; and

 

c)         the General Manager bring a report back to Council on ways in which the General Manager can achieve procedural fairness in responding to requests for information from ICAC concerning councillors and staff.

 

MOTION:(Belleli/Woodsmith) CARRIED – SEE RESOLUTION.

 

16.              NOTICE OF RESCISSION MOTIONS.

 

Nil.

 

There being no further business, His Worship the Mayor, Cr T. Seng, declared the meeting closed at 8.46 p.m.

 

THE MINUTES OF THIS MEETING WERE CONFIRMED AT THE ORDINARY MEETING OF THE COUNCIL OF THE CITY OF RANDWICK HELD ON TUESDAY, 25TH JULY, 2006.

 

                                                                                                                                                      

 

 

 

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

CHAIRPERSON