Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 26 February 2008

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

26 February 2008

 

 

 

 

18 February 2008

 

 

Ordinary Council Meeting

 

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 26 February 2008 at 6:00pm.

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

We humbly beseech you to bestow your blessings upon this Council and to direct and prosper our deliberations to the advancement of your glory and the true welfare of the people of Randwick and Australia.

Amen”

 

Acknowledgement of the local indigenous people

I would like to acknowledge that we are here today on the land of the Bidjigal people of the Dharwahal Nation.  The Bidjigal people are the traditional owners and custodians of this land and form part of the wider aboriginal nations of the Sydney area.  On behalf of Randwick City Council I would also like to acknowledge and pay my respects to the Elders both past and present.”

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 11 December 2007

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

Mayoral Minutes (if any) will be issued and listed in a supplementary agenda.

 

Urgent Business

Director City Planning Reports

CP1/08      75 Todman Avenue, Kensington

CP2/08      248 Carrington Road, Randwick

CP3/08      Classification of Land under the Local Government Act, 1993 - Units 310 and 421  "Axis Apartments", Lot 33 and Lot 56 in SP 79763 Pacific Square, Corner Anzac Parade and Maroubra Road, Maroubra Junction

General Manager's Reports

GM1/08     Affixing of the Council Seal.................................................................. 61

GM2/08     Authority to Increase Hiring Fees - Snape Park Tennis Centre.................... 65

GM3/08     December 2007 Quarterly Review - Management Plan 2007-11................... 67

Director City Services Reports

CS1/08      Offshore Boat Facility Proposal............................................................. 69

Director Governance & Financial Services Reports

GF1/08      Review of Code of Meeting Practice...................................................... 75

GF2/08      Investment Policy............................................................................ 113

GF3/08      SSROC Investments.......................................................................... 129

GF4/08      Licence Agreement to Duffy's Corner Occasional Child Care Centre Inc....... 131

GF5/08      2007/08 - Budget Review as at 31 December 2007................................. 137

GF6/08      Councils Online (COL) Progress Report.................................................. 143  

 

Petitions

Motion Pursuant to Notice

NM1/08     Beautifying Anzac Parade from Beachuamp Road to Bunnerong Road, Maroubra (Motion by Councillor White).............................................................................. 147  

Confidential

CS2/08      Tender T16/07 - Installation and Supply of Play Equipment for the City of Randwick

This matter is considered to be confidential under Section 10A(2) (d) Of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

CS3/08      Tender T12/07 - Supply of Plant Trailers

This matter is considered to be confidential under Section 10A(2) (d) Of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

CS4/08      Tender T24/07 - Supply and Installation of Light Poles and Floodlights Tender Report

This matter is considered to be confidential under Section 10A(2) (d) Of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

CS5/08      Tender T17/07 - Construction and Renovation of Dunningham Reserve Amenity Block Tender Report

This matter is considered to be confidential under Section 10A(2) (d) Of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

  

Notice of Rescission Motions

 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council

26 February 2008

 

 

 

Director City Planning Report No. CP1/08

 

 

Subject:                  75 Todman Avenue, Kensington

Folder No:                   DA/304/2006/B

Author:                   Louis Coorey, Environmental Planning Officer     

 

Proposal:                     Section 96(2) application involving extension of the carport towards the front of site and modification of approved fence form from a 1.7m open design to a 1.7m high solid fence

 

Ward:                      West Ward

 

Applicant:                Facilities Project Management Pty Ltd

 

Owner:                         A J & B Manning & Falzon

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Executive Summary

 

The application has been referred to the Council for determination at the request of Councillors Bradley Hughes, Scott Nash, Bruce Notley-Smith.

 

The subject Section 96 “B” application was lodged on 7 November 2007 and seeks to modify the original determination made under delegated authority on 11 August 2006 for:

 

Alterations and first floor additions to the existing dwelling including new rear ground floor verandah, new rear first floor balcony, a tandem carport at the front, new front and side boundaries fence and convert the existing rear shed into a new artist studio (Heritage Conservation Area).

 

This Section 96 B application seeks to modify the approved development by:

 

·      constructing a tandem carport to the front

·      constructing a solid fence between 1.7 and 2.1m in height and

·      building a 1.8m high brick boundary wall at the south eastern side front boundary which will effectively enclose the front yard of the subject site.

 

It should be noted that determination of the original development required the carport to be reduced in length and setback from the front alignment of the dwelling and the front fence be amended from the originally proposed 1.7m solid fence to an open designed fence.

 

It is considered that the siting, height and design of the carport and the fences do not comply with the relevant preferred solutions, objectives and performance requirements of Part 4.6 “Safety and Security”, Part 4.7.1 “Garages, Carports and Driveways” and Part 4.8 “Fences” of the Dwelling Houses and Attached Dual Occupancies Development Control Plan (DCP) and Part 2.2.7 “Fencing” of the Draft West Kensington Heritage Conservation Area DCP

 

In support of this Section 96 Application the applicant has submitted a heritage statement and an acoustic report; however it is not considered that they sufficiently address the performance requirements and objectives of the relevant DCP’s. In particular, the Heritage statement whilst addressing the design of the fence does not sufficiently address its visual impact and dominance on the streetscape and in respect to the acoustic report, it is not considered the minor reduction in noise levels warrants the significant visual impact that will occur as a result of the proposed modifications on the dwelling and the streetscape. In addition, it is not considered appropriate justification that the reduction in noise levels is warranted so that the front yard could be used as private open space particularly given there is a sizable area within the rear yard capable of and more appropriately nominated as private open space. Further, it is considered minimising visual and acoustic privacy impacts could be achieved by planting landscaping to the front of the site, upgrading the façade of the dwelling such as fitting acoustic seals to openings, sealing existing gaps and openings and installing glass wool insulation.

 

The siting of the carport forward of the building line will significantly project further forward than the majority of structures within Todman Avenue and therefore detract from the dwelling and the streetscape.

 

It is therefore considered there is no reasonable justification for modifying the determination made under DA/304/2006.

 

The recommendation is for refusal.

 

 

The Proposal

 

The subject Section 96(2) “B” application (DA/304/2006/B) seeks to modify the original consent to extend the carport towards the front boundary, amend the fence design and extend the south eastern side boundary wall to the front.

 

1.    The subject site and surrounding area

 

The subject site is located on the south-western side of Todman Avenue in Kensington and is presently occupied by an existing single storey dwelling.  The site is regular in shape and has a frontage width of 15.24m, a side boundary depth of 45.265m and an overall site area of 689.2m².  Neighbouring the property to the northwest and southeast are part one part two storey dwelling, to the rear is the rear yard of a dwelling fronting Milroy Avenue. The surrounding area is residential in character and consists predominantly of one and two storey dwelling houses.

 

The subject site is within the West Kensington Conservation Area and is occupied by a part one story Federation style dwelling presented to the street with two storey component forming part of the original approval which is setback from the front. The single storey portion retains much of its original character including tuck-pointed face brick walls, terracotta tiled roof, pebbledash finish to gable and verandah, and timber windows and window hood detailing which are considered to make a positive contribution to the character of the heritage conservation area. Figure 1 is an aerial view of the subject site and surrounding area. Photo1 shows the subject site.

 

 

 

Figure 1: Aerial view of the subject site and surrounding area.

Photo 1: Subject site

 

2.    Site History

 

a.    Application History

 

DA/304/2006: The original application was lodged on 27 April 2006 and approval was granted on 11 August 2006 subject to conditions of consent. A number of relevant issues were raised in relation to the heritage impact namely:

 

1.    the height and bulk resulting from the proposed steeply pitched roof to the existing outbuilding,

2.    the location of the proposed carport/garage structure,

3.    the proposed high brick wall to the front boundary and

4.    the proposed rendering and painting of the existing face brickwork.

 

As a result, amended plans were received on 10 July 2006 addressing the issues above whereby the carport posts were set back to the line of the rear of the verandah, the carport roof set back to the line of the front of the verandah, the wall along the south eastern boundary was reduced to 1.8m in height and did not protrude beyond the building line and the 1.8m high brick fence/wall to the front boundary was replaced by a fence comprising 1.7m high brick piers with a 0.6m high base with timber infill panels above to a height of 1.6m and conditioned to be open (No. 2).

 

DA/304/2006/A: A section 96 1A application was lodged on 30 March 2007 and approval was granted on 13 April 2007 to remove a Bangalow Palm as required to be retained by Condition 47 of the original consent.

 

DA/304/2006/B: The current Section 96 (2) application was lodged on 7 November 2007 seeking to add a carport to the originally approved carport and to modify the front fence design and extend the 1.8m high brick fence along the south east side boundary.

 

3.    Community Consultation

 

The proposal has been notified, advertised in accordance with the DCP – Public Notification. The following submissions were received:

 

5.1 Objections

 

C. Zanne – owner of 77 Todman Avenue, Kensington

 

Issue

Comment

The proposed carport extension is not in line with the ‘streetscape’, it is an eyesore and an obstruction of our natural environment.

Extending the 1.8m high brick fence along the south eastern side boundary is considered to add inappropriate bulk to the subject site and it will detract from the appearance of the development and the streetscape and outlook from the objectors site. The application is recommended for refusal.

 

The carport extension is not in keeping with the federation and heritage features.

 

Agreed, the heritage issues have been addressed in section 6.2 below

There appears to be a garage shown in place of the approved carport.

The roller door has not been identified or clearly marked as part of the Section 96 Application As such it will not form part of the assessment of the application. Notwithstanding, it is not considered appropriate in the context of the conservation area.

 

 

4.    Technical Officers Comments

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

4.1 Heritage Issues

The application has been referred to the Heritage Consultant for comment, The following comments were made:

 

 

5.    Relevant Environmental Planning Instruments

 

The Development application has been assessed in accordance with the provisions of the following relevant planning documents:

 

- Randwick Local Environmental Plan 1998.

- Environmental Planning and Assessment Act 1979 as amended.

- Development Control Plan - Dwelling Houses and Attached Dual Occupancies.

- Draft Development Control Plan – West Kensington Conservation Area

- Building Code of Australia.

 


(a)         Randwick Local Environmental Plan 1998

 

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 10 Residential 2A zone

The proposed carport extension and front fence is not considered to be consistent with the general aims of RLEP 1998 and the specific objectives of the zone in that the proposed built form will adversely impact the significance of the West Kensington Heritage Conservation Area.

 

Clause 43 Development within a Heritage Conservation Area

The subject site is located within the West Kensington Heritage Conservation Area

 

Clause 43 of the RLEP requires that Council when determining an application for consent to carry out development on land in the vicinity of a heritage item, a heritage conservation area or a potential archaeological site, the Council must take into consideration the likely effect of the proposed development on the heritage significance of the heritage item, heritage conservation area or potential archaeological site and on its setting.

 

The proposed modification was referred to a Heritage Consultants “Godden Mackay Logan” for comment. These comments are provided above in Section 6.2 above.

 

(b) Draft Randwick Local Environment Plan No. 2007

 

The draft RLEP 2007 does not propose any modifications to Clause 10 or Clause 43 of RLEP 1998 and as such the proposed modifications are considered to remain inconsistent with the objectives of the Draft RLEP 2007.

 

6.    Section 96 Assessment

 

6.1.1   Substantially the same

Council may only approve an application under section 96(2) of the Act if “it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all) under this section”.

 

The proposed modifications remain within the scope of the original application.

 

6.1.2   Consideration of submissions

 

The owners of the neighbouring property were notified of the proposed development in accordance with the DCP – Public Notification.  The submission received as a result of this notification have been considered under Section 5 - Community Consultation

 

6.2 Policy Controls

a.    Development Control Plan No. Dwelling Houses and Attached Dual Occupancies DCP

 

The DCP for Dwelling Houses and Attached Dual Occupancies states that a proposal is deemed to satisfy the Objectives and Performance requirements of the DCP if it complies with the corresponding Preferred Solutions. Therefore, the tables below assess the proposal against the Preferred Solutions, and where non-compliance results, assessment is made against the relevant Objectives and Performance Requirements.

Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area is provided as landscaped area.

Not applicable.

S1

A minimum of 25m² of useable private open space is to be provided.

The rear yard has an area of 172m2.

S1

Each dwelling must provide an area of private open space capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

Complies.

S1

Private open space in the front yard area is located behind the building line.

The proposal seeks to provide private open space in the front yard. Does not comply – see assessment below.

S6

20% of the total site area has permeable treatment.

Not altered

 

The Objectives of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced; dwellings are provided with usable outdoor recreation space; storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design; and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

The Performance Requirements are that the size and dimensions of landscaping suit the needs of the occupants; location and design of open space takes advantage of aspect for year round use; indigenous species are used and existing vegetation is recycled where possible; planting does not obstruct or interfere with entries; and unpaved areas are maximised to allow stormwater infiltration.

 

The proposed modification seeks to provide private open space to the front yard which does not comply with the preferred solution. It is noted this assertion is supported by the stated purpose of the Acoustic report which is to “determine if the front yard area in question can meet Client requirements as an outdoor area suitable for relaxation, conversing with other guests”. In this respect it is considered locating private open space within the front is unacceptable given the rear yard (172sqm) can easily accommodate a functional area of private open space and the proposed solid fence would detract from and dominate the existing dwelling and the streetscape.

 

It is therefore considered the proposed development does not comply with the performance requirements and objectives of the Dwelling Houses and Attached Occupancies DCP with regard to landscaping and open space.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed carport has a maximum external wall height of 2.85 metres. Complies

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed carport is set back 1.5metres from the front boundary which is not consistent with the setbacks of adjoining dwellings or the dominant setback along the street. Does not comply see assessment below.

S2

No part of the building is closer than 4.5m from rear boundary.

Not applicable.

S3

Side setbacks be 900mm for any part of the building at ground level.

The proposed carport is set back on the southern side boundary. Does not comply.

S3

Side setbacks be 1.5m at second floor level.

Not applicable.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

The Objectives and Performance Requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours; and with respect to front boundary setbacks the proposal generally conform to the adjoining development or dominant streetscape.

The proposed carport is setback only 1.5m from the front boundary, it is located forward of the main building line and protrudes beyond established and dominant building setbacks along Todman Avenue. It is also noted, previous applications have been refused or required to be set in line with the dominant building line established along Todman Avenue.

It is therefore considered the proposed carport does not comply with the performance requirements and objectives of the Dwelling Houses and Attached Dual Occupancies DCP with regard to Setbacks.

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

Habitable room windows within 9m of another dwelling’s windows are offset by 45 degrees or have fixed obscure glazing below 1.5m above floor level.

Not applicable.

S1

Direct view into open space of an adjoining dwelling is obscured or screened within 9m and is beyond a 45 degree angle.

Not applicable.

S1

Windows have sill heights of 1.5m or more or fixed obscure glazing below that height.

Not applicable.

S3

Buildings comply with AS 3671 and AS 2107.

Part compliance. An acoustic report submitted with the application indicates the noise attenuation provided by a barrier, a 1.8m solid front and side boundary fence, will reduce noise levels by 5db which will achieve compliance with the internal noise levels, however the proposal will still not comply with external noise level criteria under AS2107. See discussion below.

The Objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and acoustic privacy.

The Performance Requirements include that overlooking of internal private living areas is minimised through appropriate building layout, location and design of windows and balconies; and separation, screening devices and landscaping be used to assist in minimising privacy impacts.

The Traffic Assessment Study compiled by Acoustic Logic Consultancy dated 10 April 2007 provides the results of an investigation of external road traffic noise intrusion onto the residential dwelling at 75 Todman Avenue Kensington. The recommendation of the report is guided by the EPA Environmental Criteria for Road Traffic Noise for this Category of roadway which prefers the implementation of a barrier as the primary noise control treatment, with façade treatment a secondary measure. The proposed barrier as explained previously is a fence 1.8m in height to the front and front sides of the subject site which will effectively enclose the front portion of the site.

The Acoustic report identifies the criteria under AS2107 for external noise levels as 60dB and for internal noise levels as 35dB. The report predicted external noise levels at 67dB and internal noise levels at 38dB which do not comply with the criteria.

In respect to the construction of the barrier, the Acoustic report states that it will reduce noise by at least 5db. This will result in compliance with the predicted internal noise levels and non-compliance with the external noise criteria. Notwithstanding the above, findings of the report show only a minimal reduction in noise levels.

Although for noise attenuation, the EPA recommends an external barrier as the preferred option, it is considered that in this instance, such a solution would be inappropriate for the following reasons:

 

1.     It will significantly detract from the appearance of the dwelling and the streetscape whilst only achieving a minor decrease in noise levels.

2.     Consideration should be given to other noise attenuation measures identified by the report to reduce noise levels such as  fitting acoustic seals to the operable windows and doors at the front of the house (only relevant where they remain closed); sealing all gaps and openings such as ceiling rose, brick vents and floor vents at the front of the house; installing glass wool insulation into the ceiling, and upgrading the glazing, laying vinyl over the rafters of the affected rooms

 

Although the proposed development will achieve compliance with the Australian Standard AS2107 – in terms of internal noise levels it is not considered to represent the best outcome for the site given that the dwelling makes a positive contribution to the West Kensington Heritage Conservation Area and that other less obtrusive noise attenuation measures can be used to reduce noise levels.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The proposed front door faces the street. Complies.

S1,3

Dwellings have at least one habitable room window overlooking the street.

The proposed dwelling has windows that overlook the street. Complies.

S2

A Council-approved street number is conspicuously displayed at the front of the dwelling or front fence.

Suitable condition included.

The Objectives and Performance Requirements of the DCP seek to ensure that a safe physical environment and crime prevention is promoted through design, including that buildings are designed to face the street and other public areas to provide for surveillance; dwellings and their entrances are readily identifiable by street numbering and design of front fences; and landscaped areas allows for safe access to the dwelling.

It is considered the currently approved fence form is designed so that it retains views to and from the dwelling to the street thereby maintaining reasonable levels of security and casual surveillance. The proposed modification will effectively eradicate any reasonable level of casual surveillance and therefore reduce safety and security.

Although the applicant argues that there are other examples of solid fences at 73 and 69 Todman Avenue, it is not considered that their existence justifies approval of further unacceptable fences and further it is considered the majority of this streetscape remains relatively open. It is also noted these fences at the above sites were erected and approved prior to the current DCP controls and the identification of this area as the West Kensington Heritage Conservation Area.

As a result, it is considered that the proposed fence form will not satisfy the objectives and performance requirements of the Dwelling Houses and Attached Dual Occupancies DCP with regard to Safety and Security.

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

Council’s Parking DCP requires 1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

Not applicable.

S1

Car parking spaces have a minimum dimension of 5.5m x 2.5m.

Not applicable

S1

Driveways have minimum width of 3m and are set back at least 1m from the side boundary.

Not applicable.

S1

Driveways have a maximum width of 3m at the property boundary.

Not applicable.

S1

Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 thereafter.

Not applicable.

S1

With respect to garages and carports to rear lanes these should be set back 1m to improve pedestrian visibility.

Not applicable.

S2

Parking and access is provided from the rear of the allotment where possible.

Not applicable.

S2

Garages and carports located behind the building line where parking only available from the front of the site.

The proposed carport is located in front of the building line. Does not comply – see assessment below

S2

Driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment

The proposed carport occupies about 25.5 % of the width of the site frontage. Complies.

The Objectives and Performance Requirements of the DCP include that car parking and driveways are not visually obtrusive and do not detract from the appearance of the dwelling and the street scape; and structures are compatible in scale, form, materials and finishes with the associated dwelling.

The proposed carport is sited forward of the main building line and the dominant building line of dwellings along this side of Todman Avenue and does not comply with the preferred solutions. It is considered the carport forward of the main building line will dominate the existing dwelling, the adjoining dwellings and the streetscape and therefore cannot be supported.

It is therefore considered the proposed carport will not satisfy the objectives and performance requirements of the DCP.

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

Solid front fences or on street frontages in front of the building line are no higher than 1.2m.

A solid fence between 1.7m and 2.1m is proposed and a 1.8m high brick fence extension along the south eastern side boundary. Does not comply see assessment below.

S1

Fences in front of the building line or on street frontages may be up to 1.8m provided that the upper two thirds is at least 50% open.

The currently approved fence under DA/304/2006 complies.

Generally, the Objectives and Performance Requirements for fences in the DCP are to ensure that front fencing is integrated with the street scape and is compatible with the appearance of the dwelling and any established local fence form and material.

The proposed fence is a solid fence between 1.7m and 2.1m high which does not comply with the preferred solutions for fences under the Dwelling Houses and Attached Dual Occupancies DCP. Similarly, the proposal does not comply with the fence design solutions under the Draft West Kensington Heritage Conservation Area DCP”

The applicant has submitted a statement of support for the design of the fence from David Sheedy, chartered architect and Heritage Consultant, who states the proposed fence “could be considered to be of architectural heritage design compliance status”. 

In response, it is acknowledged the fence design may have heritage design compliance status; however its bulk and scale is not considered to be in keeping with the scale of the dwelling or the established fence form within the Todman Avenue. In this respect, Councils independent Heritage Consultant considered the bulk and scale of the fence in stating that “the proposed fence would be considerably higher than most fences in the vicinity” and that in this case “the fence would be a detracting element in a generally consistent streetscape of lower fences”.

With regard to the extension of the approved 1.8m brick fence along the south eastern side boundary, it would also detract from the appearance of the dwelling and also restrict outlook from the adjoining dwellings front windows.

The applicant has argued that a precedent exists for solid fences within the locality making particular reference to two 1.7m high solid fences at the adjoining dwellings of 73 Todman Avenue and 69 Todman Avenue. It is not considered they can be relied upon as a precedent mainly because they were considered and approved prior to the current DCP controls for Dwelling Houses and Attached Dual Occupancies DCP and these fences were constructed prior to the area being identified as the West Kensington Heritage Conservation Area under RLEP 1998. In addition, it is not considered that their existence justifies approval of further unacceptable fences particularly when it is considered the majority of this streetscape remains relatively open.

The originally approved 1.7m high open designed fence was considered to represent a compromise between the existing solid fences adjoining the site and the dominant open/low fence form along Todman Avenue.

As a result, it is considered the proposed fence form does not meet the objectives and performance requirements of the DCP’s for Dwelling Houses and attached Dual Occupancies and the Draft West Kensington Heritage Conservation Area.

 

b.      Draft Development Control Plan - Draft West Kensington Heritage Conservation Area DCP

The draft DCP for the conservation area notes that consistent fencing can do more to unify the streetscape than any other single factor and in circumstances where the original fencing is not available it may be possible to reconstruct the fence in a way which is sympathetic to the style of the house. The DCP also states that Council may only consider high walls or fences only in exceptional circumstances where the design is in keeping with the building and does not detract from it and there is a high degree of consistency in fences for the street as a whole.

Council’s Heritage Consultant has reviewed the Section 96 Modification and raised concerns regarding the carports protrusion beyond the dominant building line and most notably the size of the fence. In this respect, it is considered the bulk and height of the fence is excessive in relation to the established consistently low fence heights and or openly designed fences along Todman Avenue. It is therefore considered the proposed modification to the fence form does not satisfy the objectives and explanatory notes in the Draft West Kensington Heritage Conservation Area DCP.

 

7.    Environmental Assessment

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

7.1    Development Control Plans And Council Policies

The proposed modifications do not comply with the Development Control Plans for Dwelling Houses and Attached dual occupancies and the Draft West Kensington Heritage Conservation Area DCP with particular regard to security and surveillance, setbacks, carports and fences.

 

It is considered that achieving Acoustic compliance within the dwelling under the DCP for Dwellings Houses and Attached Dual Occupancies DCP and the nominated Australian Standards (AS2107 & AS3671) does not negate the need to achieve compliance with the relevant design guidelines outlined in the above DCP’s and the objectives of Clause 43 of the RLEP 1998.

 

In this respect, it is considered that the proposed fence form dominates the established low lying open designed fences within this area and the siting of the carport forward of the building line will significantly detract from the appearance of a dwelling and streetscape. Given the dwelling makes a positive contribution to the locality streetscape and given that only a minor reduction in noise levels will be achieved by the proposed development, it is considered that other less obtrusive measures, as identified in the report, should be prioritised to minimise acoustic privacy impacts. 

 

7.2    Site Suitability

The proposed modifications are not suitable for the site.

 

8.    Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:          Heritage that is protected and celebrated.

Direction:          Care for built heritage where it is valued, protected and celebrated.

 

Outcome:  Development opportunities and challenges and new and existing development are managed by a robust framework. Better design and sustainability across all development

 

Direction:  Improving the environmental performance and design of buildings and spaces and achieving high quality urban design.

 

9.    Financial Impact Statement

 

There is no direct financial impact for this matter.

 

10. Conclusion

 

The proposed development does not comply with the relevant assessment criteria and is therefore recommended for refusal.

 

 

Recommendation

 

A.     That Council as the responsible authority refuse its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to Modify Development Consent No. DA/304/2006/B for extension to the existing carport and amended design of front fence on property 75 Todman Avenue, Kensington for the following reasons:

 

1.     The proposed modifications are inconsistent with the aims of the Randwick Local Environmental Plan 1998 and the objectives of the Residential 2A zone and the West Kensington Heritage Conservation Area in that the proposed built form is likely to adversely affect the amenity of streetscape.

 

2.     The proposal does not satisfy the relevant objectives, performance requirements and preferred solutions of Part 4.6 Safety and Security of the Development Control Plan for Dwellings and Attached Dual Occupancies. The increased height of the fence and conversion into a solid fence results in an obstruction of casual surveillance of the street.

 

3.     The proposal does not satisfy the relevant objectives, performance requirements and preferred solutions of Part 4.7 Garages, Carports and Driveways of the Development Control Plan for Dwellings and Attached Dual Occupancies. The extended carport form would extend beyond the dominant building line exhibited along this stretch of Todman Avenue and will result an adverse impact on the streetscape form.

 

4.     The proposal does not satisfy the relevant objectives, performance requirements and preferred solutions of Part 4.8 Fences of the Development Control Plan for Dwellings and Attached Dual Occupancies. The solid fence form would extend beyond the dominant open designed fence form exhibited along this stretch of Todman Avenue and will result in an adverse impact on the streetscape and detract from the appearance of the dwelling.

 

5.     The proposal does not satisfy the relevant objectives, performance requirements and preferred solutions of Part 2.7 Fences of the Draft Development Control Plan for West Kensington Heritage Conservation Area. The solid fence form would dominate the established fence form exhibited along the majority of Todman Avenue and will detract from the visual appearance of the dwelling and the streetscape within the West Kensington Heritage Conservation Area.

 

6.     The proposal does not satisfy the relevant objectives, performance requirements and preferred solutions of Part 3.9 Accommodating the Car  of the Draft Development Control Plan for West Kensington Heritage Conservation Area. The proposed tandem carport addition would dominate the established building along the majority of Todman Avenue and will detract from the visual appearance of the dwelling and the streetscape within the West Kensington Heritage Conservation Area.

 

7.     The proposed modifications would set a poor precedent for residential development in the locality.

 

Attachment/s:

 

1View

Acoustic Logic Consultancy - Road Traffic Noise Intrusion Investigation

8 Pages

 

 

 


Acoustic Logic Consultancy - Road Traffic Noise Intrusion Investigation

Attachment 1

 

 








 


Ordinary Council

26 February 2008

 

 

 

Director City Planning Report No. CP2/08

 

 

Subject:                  248 Carrington Road, Randwick

Folder No:                   DA/936/2007

Author:                   Patrick Lebon, Environmental Planner     

 

Proposal:                     Substantial alterations and additions to existing terrace including new attic addition and car space at front

 

Ward:                      East Ward

 

Applicant:                Archman Design Services

 

Owner:                         Est Late Mr T A Miner

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Executive Summary

 

The development application is seeking development consent to make alterations and addition to the existing single dwelling including a new first floor addition to the front of the site and a ground floor addition to the rear of the site. The application has been referred to the Council for determination at the request of Councillors Sullivan, Notley-Smith and Woodsmith.

 

The development application was lodged on 1 November 2007 and was notified to the surrounding properties from 9 November 2007 to 23 November 2007. At the completion of the notification period 7 objections were received including 1 petition containing 62 signatures. The objections raised concerns with the proximity of the proposed garage and hard stand car space to the intersection of Carrington Road with Chatham Street, the disruption to the facade of the dwelling, amenity impacts to the adjoining dwellings as a result of the proposed garage and potential impacts to solar access resulting from the first floor and rear ground floor additions. Subsequent meetings with the applicants throughout December 2007 and January 2008 resulted in amended plans being received by Council on 17 January 2008 that deleted the front garage and also introduced a new courtyard area along the southern side boundary. The amended plans also indicated that the existing chimneys will be preserved as part of the proposal.

 

The amended plans were notified to the surrounding properties from 23 January 2008 to 6 February 2008 and at the conclusion of the notification period 2 objections were received including 1 petition containing 79 signatures. The main issues raised generally reiterated the concerns in the submissions received in the initial notification period.

 

The proposal will not comply with the preferred solutions for FSR and setbacks in the Dwelling Houses and Attached Dual Occupancies Development Control Plan (‘the DCP’) however it is considered that the relevant performance requirements of the DCP have been satisfied and that bulk and scale of the proposal is commensurate with other dwellings in the area. The amended proposal will not adversely impact the solar access or amenity of the adjoining properties and it is deemed that the height and form of the additions will be compatible with the existing character of Carrington Road. The issues relating to vehicle and pedestrian safety have been reviewed by Council’s Development Engineer and no objection is raised to the proposed new hard stand car parking space at the front of the site.

 

As such the recommendation is for approval subject to conditions.

 

1.       The Proposal

 

It is proposed to make alterations and additions to existing terrace including new attic addition and car space at front. The proposal will include the following works:

Ground Floor

 

-   Demolition of rear walls of existing dwellings and construction of new living room, dining room and kitchen.

-   New courtyard (2.5m x 2.5m) along southern side boundary.

-   Partial demolition of front facade and modification to front wall to accommodate new car parking space.

-   New skylight to rear living room.

-   New stairs to proposed first floor level.

-   Rear pergola.

-   Associate landscaping along rear boundary.

 


First Floor

 

-   New first floor addition comprising of two bedrooms and an ensuite.

 

2.       The Subject Site and Surrounding Area

 

The subject site is located on the western side of Carrington Road and is presently occupied by an existing single storey terrace-style dwelling. The subject site is relatively flat with a gentle slope to the rear, has a rectangular shape that is skewed at the rear with a chamfered corner, a frontage width of 7.67m and northern and southern side boundary depths of 30.07m and 31.015m respectively.

 

The subject site benefits from a 1.065m wide handle at the rear of the site which provides pedestrian access to Chatham Street to the north. The site and has an overall site area of approximately 241sqm. Neighbouring the property to the north and south are similarly designed terrace type single storey dwellings and to the rear is the rear “handle” of the adjoining southern property (250 Carrington Road) that provides garage access to Chatham Street. The surrounding area is residential in character and consists predominantly of residential dwellings, however further to the north and south are a mix of semi-detached dwellings and residential flat buildings.

 

Figure 1 is an aerial view of the subject site and surrounding area. Figure 2 is a photograph of the subject site from Carrington Road.

 

3.       Site History

 

3.1      Application History

 

The development application was lodged on 1 November 2007 and was notified to the surrounding properties from 9 November 2007 to 23 November 2007. At the completion of the notification period 7 objections were received including 1 petition containing 62 signatures. Subsequent meetings with the applicants throughout December and January resulted in amended plans being received by Council on 17 January 2008 that deleted the front garage and also introduced a new courtyard area along the southern side boundary. The amended plans also indicated that the existing chimneys will be preserved as part of the proposal.

 

The amended plans were notified to the surrounding properties from 23 January 2008 to 6 February 2008 and at the conclusion of the notification period 2 objections were received including 1 petition containing 79 signatures. The objections raised similar issues that were raised in the first notification period.

 

Figure 1: The subject site (shaded pink) and surrounding area.

 

3.2      History of Site Usage

Previous applications for development on the site include:

Development No.

Description

Determination

BA/360/1975

Alterations and additions

Approved in 1975.

BA/1077/1972

Toolshed

Approved in 1972.

 

Figure 2: The subject site (centre) from Carrington Road.

 

4.       Community consultation

 

The owners of the adjoining and neighbouring properties were notified of the proposed development in accordance with the Development Control Plan – Public Notification of Development Proposals and Council Plans.  As a result of this notification, the following submissions were received:

 

4.1      Objections

Steven Hughes of Planet Urban Planning Consultants on behalf of Peter and Sonia Castle – 250 Carrington Road, Randwick

Issue

Comment

The proposed construction along the southern boundary will be approximately 3.6m to 5.3m high and adversely impact solar access and natural light.

The amended plans received on 17 January 2008 introduced a courtyard area adjacent to the north facing windows and courtyard of the adjoining property at 250 Carrington Road. This amendment suitably addresses the issues in respect to solar access to north facing windows and private open space.

The proposed height of the rear addition will have an “excessive visual bulk and scale and will have significant enclosing effect” on the objector’s kitchen and bedroom windows.

The courtyard included in the amended plans will improve the outlook from the objector’s kitchen and courtyard area. The amended design is not considered to be excessive in bulk and scale.

The proposal should be setback 900mm from the southern boundary to reduce potential adverse amenity impacts.

The proposed development is not deemed to adversely impact upon the amenity of the objector.

 

 

Renny and Alex Finch – 18 Chatham Street, Randwick

Issue

Comment

The inclusion of the proposed driveway in close proximity to Chatham Street will result in traffic issues and create potential dangerous conditions.

Council’s Development Engineer does not raise any objection to the creation of a new vehicle access in that section of Carrington Road and the space will be situated in excess of 6m from the intersection in accordance with Council’s DCP Parking

 

The front proposed garage will set an undesirable precedent for other dwellings in the street.

The amended plans have deleted the proposed garage. The proposed hard stand car space will not include a structure and is considered a more satisfactory solution than a garage.

 

 


Kim and Bill Cuthbert – 246 Carrington Road, Randwick

Issue

Comment

The “modern car space and garage at the front is not with in keeping with the character of all of the other attached Victorian houses.”

The proposed front hard stand car parking space will not detract from the appearance of the dwelling. It is noted that the proposed modifications to the facade will maintain the symmetry of the existing dwelling.

The proposed garage is located adjacent to the objector’s bedroom and noise and exhaust from vehicles will adversely impact upon their amenity.

The proposed garage has been deleted from the plans.

Cars reversing from the garage will be a safety hazard for schoolchildren that walk along the Carrington Road footpath.

Section 3.3 “Driveways and Access Requirements” of the DCP – Parking provides controls in respect the placement of vehicle crossings. The DCP – Parking stipulates that vehicle crossings shall not be placed within 6m of an intersection. The proposed vehicle crossing is located approximately 8m from the intersection of Chatham Street and Carrington Road and as such complies with this control.

 

Liz Sutherland – 260 Carrington Road, Randwick

 

Issue

Comment

The proposal will detrimentally affect the appearance of the streetscape.

The amended plans received on 17 January 2008 delete the garage from the plans and maintain the symmetry of the existing dwelling. The proposal is considered not to detrimentally affect the appearance of the dwellings on the streetscape.

The new vehicle crossing will reduce on-street parking.

The proposed development will increase the on-site parking for the site where none exists currently. As such, the net availability of parking is not considered to be detrimentally affected.

 

Fay Miley – 262 Carrington Road, Randwick

 

Issue

Comment

Cars entering and leaving the site will be a safety hazard for schoolchildren that walk along the Carrington Road footpath.

 

See comments above.

The proposed development does not respect the heritage item dwellings to the south of the site.

The proposed development is considered not to affect the heritage items located on the corner of Queen Street and Carrington Road.

 

 

Petition with 62 signatures – submitted by Kim Dobra of 246 Carrington Road, Randwick

Issue

Comment

The inclusion of the proposed driveway in close proximity to Chatham Street will result in traffic issues and create potential dangerous conditions.

No objection has been raised from Council’s Development Engineer in respect to the location of the proposed hard stand car parking space. See comments above.

The proposed garage door will detrimentally affect the Carrington Road streetscape.

The amended plans have deleted the garage from the proposal. See comments above.

Barbara Morris, Shirley Clarke and Wayne Clarke – 244 Carrington Road, Randwick

Issue

Comment

The inclusion of the proposed driveway in close proximity to Chatham Street will result in traffic issues and create potential dangerous conditions.

See comments above.

The proposal will detrimentally affect the appearance of the streetscape.

See comments above.

The new vehicle crossing will reduce on-street parking.

See comments above.

 

Nisbets – 242 Carrington Road, Randwick

Issue

Comment

The proposal will detrimentally affect the appearance of the streetscape.

See comments above.

The new vehicle crossing will reduce on-street parking.

See comments above.

 

Upon the request of Council’s assessing officer, amended plans were received on 17 January 2008 and the development application re-notified to the surrounding properties from 23 January 2008 to 6 February 2008. As a result of this notification, the following submissions were received:

 

Steven Hughes of Planet Urban Planning Consultants on behalf of Peter and Sonia Castle – 250 Carrington Road, Randwick

Issue

Comment

The proposed rear addition should be reduced by 200mm as the proposal has an “excessive wall height along the side with 250 Carrington Road.”

As discussed above, the proposal is not considered to result in an adverse impact to the amenity of the objector’s property as the proposed length of the southern wall is shorter than the objector’s dwelling. See Figure 3 in Section 7.3.1 of this report.

The proposed setback to the southern boundary should be increased to 1m to reduce impacts to amenity.

See comments above.

 

Kim and Bill Cuthbert – 246 Carrington Road, Randwick

Issue

Comment

The proposed modifications to the front of the building to accommodate the hard stand car parking space will adversely impact upon the streetscape and the presentation of the site to the surrounding area.

The proposed works to the front facade will maintain symmetry of the existing dwelling. See comments above.

The close proximity of the proposed car parking space at the front of the subject site will detrimentally affect the amenity of the objector’s bedroom, which is located adjacent to the space.

The proposed car parking space is not enclosed and predominately externally located. The impacts resulting from the car parking space would be consistent with the residential character of the area and subject to the use of the carspace in a responsible manner, the proposal would not lead to adverse noise or odour impacts

The proposed development exceeds the permissible FSR for the site.

The proposal exceeds the FSR for the site however it considered that the proposed development satisfies the performance requirements of the DCP in respect to FSR, will not adversely impact upon the appearance of the dwelling to the street and will not be an excessively bulky structure. See Section 7.3.1 of this report for an assessment of the proposal’s FSR.

The proposed car parking space located near Chatham Street will reduce on-street car parking availability on Carrington Road.

See comments above.

The proposal will require the removal of the street tree at the front of the site.

A condition has been included in the consent  (condition no.48) that will require the applicant to plant a replacement Glochidion ferdinandii (Cheese Tree) south of the proposed vehicle crossing.

 

Petition with 79 signatures – submitted by Kim Dobra of 246 Carrington Road, Randwick

Issue

Comment

The proposed car parking space will be “dangerous as it is too close to the corner of the Chatham Street.”

No objection from Council’s Development Engineer has been raised in respect to the location of the front car parking space.

The proposed modifications to the front of the building to accommodate the hard stand car parking space will adversely impact upon the streetscape and the presentation of the site to the surrounding area.

See comments above.

 

 

5.       Technical Officers Comments

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

5.1      Development Engineers

 

The application has been referred to Development Engineering for comment, conditions have been provided for inclusion with any consent granted. The following comments were received:

 

Amended plans have been received for alterations and additions including the deletion of the proposed garage, the addition of a bedroom and storeroom and alteration of the front fence design at the above site.

 

This report is based on the following plans and documentation:

 

·           Architectural plan by Archman Design Services dated 17 January 2008, stamped by Council 17 January 2008.

 

Landscape Comments

On Council’s Carrington Road nature strip, just beyond the northern boundary, there is one small Kunzea ambigua (Tick Bush) of around 2 metres in height with a canopy spread of similar dimensions, which despite being insignificant in terms of the streetscape and appearing in average condition, is covered by the provisions of Council’s Tree Preservation Order (TPO) given its location on public property.

The plans show the construction of a vehicle crossing linking with an internal hardstand along the northern side of the site, which would finish flush up against the southern side of its trunk, resulting in the complete loss of about 40-50% of its root system, which this tree could not sustain in terms of its ongoing health and stability.

As this tree can be easily replaced with a more desirable species selected from Council’s Street Tree Masterplan, approval has been granted for its removal subject to the applicant covering all relevant cost.

There is a clump of 5 metre tall Howea fosteriana (Kentia Palms) in the rear yard of the adjoining property to the south, 250 Carrington Road, close to the common boundary, within a small courtyard area.

Despite a similar courtyard arrangement being proposed as part of this application, the crowns of some of these palms slightly overhang the common boundary, and as such, have the potential to be damaged during construction of the proposed first floor.

 

However, as the extent of pruning required to avoid conflict is assessed as minor, and is regarded as an amount that this resilient species could easily tolerate, a relevant condition has been included allowing the minimal pruning of only those overhanging fronds.

 

Carspace Comments

The assessing officer is advised that the proposed carspace will be enclosed on one side due to the fact that it abuts the northern boundary fence. In order to achieve compliance with AS2890.1:2004 the carspace is required to be a minimum of 2.7m wide. The submitted plans indicate that the carspace is only 2.5 metres wide; however there is a landscaped area either side which will allow room for the car doors to open. The Development Engineer does not object to the proposal.

 

Should the application be approved the conditions included with this memorandum shall apply.

 

6.    Environmental Assessment

 

The site has been inspected and the application has been assessed having regard to Section 79C of the Environmental Planning and Assessment Act, 1979, as amended.

 

6.1      Relevant Environmental Planning Instruments

The Development application has been assessed in accordance with the provisions of the following relevant planning documents:

 

-   Environmental Planning and Assessment Act 1979 as amended.

-   State Environment Planning Policy (Building Sustainability Index: BASIX) 2004.

-   Randwick Local Environmental Plan 1998.

-   Dwelling Houses and Attached Dual Occupancies Development Control Plan

-   Draft Dwelling House and Attached Dual Occupancy Development Control Plan (Draft DCP)

-   Development Control Plan – Public Notification of Development Proposals and Council Plans

-   Randwick City Council Section 94 Development Contributions Plan

-   Randwick City Council Asbestos Policy 2005

-   Randwick City Council Rainwater Tanks Policy

-   Building Code of Australia (BCA).

 

6.1.1   State Environment Planning Policy (Building sustainability Index: BASIX) 2004.

SEPP: BASIX requirements came into force for all new dwellings, dual occupancies and some transient residential accommodation where development applications were lodged on or after 1 July 2004. SEPP: BASIX requirements for alterations and additions came into force on 1 October 2006 and apply to:

 

-   Renovation work valued at $50,000 (reduced from $100,000 on 2 July 2007) or more, or

-   The installation of a swimming pool (or pool and spa) with a capacity greater than 40,000 litres.

 

A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

As the proposed works exceed $50,000 a BASIX certificate has been submitted with the application. An appropriate condition has been included with the consent to ensure the commitments listed in the relevant BASIX Certificate for this development are fulfilled prior to the issuing of a construction certificate.

 

6.1.2   Randwick Local Environmental Plan 1998

The proposal is consistent with the general aims of Randwick Local Environmental Plan 1998 (‘the LEP’) and the specific objectives of the zone in that the proposed activity and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

 

The following clauses of the LEP are applicable to the proposed development:

 

Clause No.

Requirement

Provided

Compliance

11 - Zone No 2B (Residential B Zone)

Any development must comply with the relevant zone objectives. Any development not included in subclause (2) or (3) of this clause is prohibited.

The proposal is permissible in the zone and satisfies the relevant zone objectives.

Complies.

22 - Services

The Council may grant consent to the carrying out of development on any land only where it is satisfied that, when relevant to the proposed development, adequate facilities for the supply of water and for the removal or disposal of sewage and drainage are available to that land.

The proposal will not require services that are beyond what the site is capable of providing.

Complies.

40 -     Excavation and filling of land

When considering an application for consent required by subclause (1), the Council must have particular regard to: (a) the likely disruption of, or detrimental effect on, existing drainage patterns and soil stability in the locality, and (b) the effect of the proposed works on the likely future use or redevelopment of the land.

The proposal requires excavation for the basement level parking. These works are included on the development application plans.

Appropriate conditions have been included in the consent that will require the construction to be in accordance with the BCA. A condition requiring a dilapidation report to be completed prior to works commencing has also been included in the consent.

46 - Development in the vicinity of heritage items, heritage conservation areas and known or potential archaeological sites

When determining an application for consent to carry out development on land in the vicinity of a heritage item, the Council must take into consideration the likely effect of the proposed development on the heritage significance of the heritage item and on its setting.

The row of terrace houses 22m to the south (256 to 262 Carrington Road) are listed in the LEP as heritage items.

The proposed development will make external facade changes to the existing dwelling; however the scope and scale of the changes will not detrimentally affect the nearby heritage items.

 

7.2      Draft Environmental Planning Instruments

 

7.2.1   Draft Randwick Local environmental Plan 2007

The proposal is not inconsistent with the general aims and objectives of the draft RLEP 2007.

 

7.3      Development Control Plans

7.3.1   Development Control Plan - Dwelling Houses and Attached Dual Occupancies

The DCP for Dwelling Houses and Attached Dual Occupancies states that a proposal is deemed to satisfy the Objectives and Performance Requirements of the DCP if it complies with the corresponding Preferred Solutions.  Therefore, the tables below assess the proposal against the Preferred Solutions, and where non-compliance results, assessment is made against the relevant Objectives and Performance Requirements. 

Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area is provided as landscaped area.

30% of the site is landscaped area. Does not comply – see assessment below.

S1

A minimum of 25m² of useable private open space is to be provided.

The rear yard has an area of approximately 56.25sqm. Complies.

S1

Each dwelling must provide an area of private open space capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

The above area has dimensions of 7.5m x 7.5m. Complies.

S1

Private open space in the front yard area is located behind the building line.

The above area is located in the rear yard. Complies.

S6

20% of the total site area has permeable treatment.

22% of the site is permeable. Complies.

 

The Objectives of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced; dwellings are provided with usable outdoor recreation space; storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design; and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

The Performance Requirements are that the size and dimensions of landscaping suit the needs of the occupants; location and design of open space takes advantage of aspect for year round use; indigenous species are used and existing vegetation is recycled where possible; planting does not obstruct or interfere with entries; and unpaved areas are maximised to allow stormwater infiltration.

The proposal provides 24.1sqm of landscaped area less than the preferred solution under the DCP however complies with the minimum permeable landscaped area by 2% or 4.8sqm. The proposed landscaped area is similar in size to the landscaped areas that adjoin the subject site and it is considered that the rear private open space of the subject site is sufficient to provide a space for passive recreation for the future occupants of the site.

 

It should be noted that the proposed works to the front of the site will include new landscaping that will soften the appearance of the site to the street and will generally improve the presentation of the development.

As such the proposed landscaped area is considered acceptable.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.65:1 applies. 

The proposed FSR is 0.73:1. Does not comply – see assessment below.

The Objectives and Performance Requirements of the DCP are that developments are not excessive in bulk or scale; are compatible with the existing character of the locality; and minimise adverse effects of bulk on neighbours and the street.

The proposed development exceeds the permissible FSR for the site by 8 per cent or 19sqm; however it is considered that the proposal will preserve the character of the Carrington Road streetscape and will not adversely impact upon the built form of the existing dwelling. The proposed first floor addition increases the height of the ridge from RL 33.10 to RL 32.70 (an increase of 400mm) however the pitch and overall form of the roof structure will be maintained. Furthermore, it is considered that the preservation of the chimneys at the northern and southern ends of the roof will improve the integration of the new roof with the adjoining dwellings. As such it is considered that the proposed development satisfies the performance requirements of the DCP in respect to floor space ratio, namely, that the proposed building bulk is “compatible with the surrounding built forms” and minimises the potential adverse impacts of bulk on the neighbouring properties by implementing a design that is consistent with the built form of the existing dwelling.

The proposed development will not be a distracting visual element on the streetscape and does not have an excessive built form that will detract from the amenity of the adjoining dwellings. As such the proposed floor space ratio of the development is acceptable.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed dwelling has a maximum external wall height of 5.1 metres. Complies.

 

S1

External wall height of buildings or additions to the rear does not exceed 3.5 m.

Not applicable.

S3

Cut or fill does not exceed 1m.

Not applicable.

S3

No excavation within 900mm of a side boundary.

 

Not applicable.

S3

No excavation within 4m of a rear boundary.

 

Not applicable.

S4

The length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

The proposed first floor addition has a length of 5.8m along the southern boundary at less than 1.5m. Complies.

 

S5

The second storey portion of a semi-detached dwelling be confined to within the existing roof space or be set back from the front elevation behind a substantial portion of the existing roof form and the design respects the symmetry of the adjoining semi-detached dwelling.

 

Not applicable.

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed dwelling is set back 3.7 metres from the front boundary and is generally consistent with the setbacks of adjoining dwellings. Complies.

S2

No part of the building is closer than 4.5m from rear boundary.

The proposed dwelling is 7.7 metres from the rear boundary. Complies.

S3

Side setbacks be 900mm for any part of the building at ground level.

Northern Boundary

The proposed development has a nil set back from the side boundary. Does not comply – see assessment below.

Southern Boundary

The proposed development has a nil set back from the side boundary. Does not comply – see assessment below.

 

S3

Side setbacks be 1.5m at second floor level.

Northern Boundary

The proposed development has a nil set back from the side boundary. Does not comply – see assessment below.

Southern Boundary

The proposed development has a nil set back from the side boundary. Does not comply – see assessment below.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

 

 

The Objectives and Performance Requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours; and with respect to front boundary setbacks the proposal generally conform to the adjoining development or dominant streetscape.

The subject site is a terrace style dwelling and as such the existing side setbacks of the dwelling are non-compliant with the preferred solutions of the DCP. The proposed first floor addition will maintain the setbacks of the existing dwelling while the rear ground floor addition will extend the southern side wall from an existing setback of 4m to a nil setback. While the nil setback along the southern boundary is not consistent with the DCP requirements, it is deemed that this is compatible with the setbacks of the surrounding dwellings, particularly the two adjoining dwellings. The proposed ground floor addition to the rear will have a modest scale and will not detract from the amenity of the adjoining neighbours. The amended plans received on 17 January 2008 included the provision of a new courtyard along the southern side of the site, aligned with the courtyard of the adjoining property at 250 Carrington Road. The courtyard is considered to lessen any adverse impacts of the proposed rear addition to the neighbouring dwelling to the south and generally it is considered that the proposed setbacks satisfy the performance requirements of the DCP, namely, the proposed development will ensure adequate access to sunlight, daylight and fresh air to building occupants and neighbours”.

Figure 3 below is a photograph taken from 250 Carrington Road, facing eastwards, and shows that the proposed development will have a similar height to the rear portion of the dwelling at 250 Carrington Road and will not affect the amenity of the dwelling as there are no north facing windows along the rear portion of the neighbouring dwelling.

As such the proposed setbacks are considered acceptable.

Figure 3: Photograph of existing boundary wall and dwellings at 248 Carrington Rd (left) and 250 Carrington Rd (right).

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

Habitable room windows within 9m of another dwelling’s windows are offset by 45 degrees or have fixed obscure glazing below 1.5m above floor level.

The proposal does not have any habitable room windows that overlook those of adjoining dwellings within 9 metres. Complies.

S1

Direct view into open space of an adjoining dwelling is obscured or screened within 9m and is beyond a 45 degree angle.

The proposed first floor addition will include three new rear facing windows however they each have 1.7m sill heights and will not significantly affect the privacy of the adjoining properties.

S1

Windows have sill heights of 1.5m or more or fixed obscure glazing below that height.

The proposal includes rear first floor windows with sill heights of 1.7m. Complies.

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The proposed front door faces the street. Complies.

S1,3

Dwellings have at least one habitable room window overlooking the street.

The proposed dwelling has windows that overlook the street. Complies.

S2

A Council-approved street number is conspicuously displayed at the front of the dwelling or front fence.

Suitable condition included.

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

Council’s Parking DCP requires 1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

The proposed dwelling has parking for 1 car. Does not comply, however the proposal increases the number of parking on the space.

S1

Car parking spaces have a minimum dimension of 5.5m x 2.5m.

The dimensions of the parking spaces are 5.5m x 2.5m. Complies.

S1

Driveways have minimum width of 3m and are set back at least 1m from the side boundary.

The proposed driveway is 3 metres wide and is set back at 0.2 metres from the side boundary. Does not comply – see assessment below.

S1

Driveways have a maximum width of 3m at the property boundary.

The proposed driveway is less than 3 metres at the front boundary. Complies.

S1

Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 thereafter.

The proposed driveway gradient is less than 1 in 8. Complies.

S1

With respect to garages and carports to rear lanes these should be set back 1m to improve pedestrian visibility.

Not applicable.

S2

Parking and access is provided from the rear of the allotment where possible.

Not applicable.

S2

Garages and carports located behind the building line where parking only available from the front of the site.

Not applicable.

S2

Driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment

The proposed car parking space occupies about 33% of the width of the site frontage. Complies.

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

Solid front fences or on street frontages in front of the building line are no higher than 1.2m.

Not applicable.

S1

Fences in front of the building line or on street frontages may be up to 1.8m provided that the upper two thirds is at least 50% open.

The proposed front has a height of 1.6 metres and has a suitably open design. Complies.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

New dwellings comply with a minimum of 3.5 stars on the NatHERS.

Not applicable.

S2

Private open space receives at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

The rear yard will receive at least 3 hours of sunlight. Complies.

S2,8

North-facing windows to living areas receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

The proposal includes north-facing windows that will receive at least 3 hours of sunlight. Complies.

S9

Solar access to existing or future solar collectors on adjacent buildings is maintained between 9am and 3pm each throughout the year.

The proposal will not overshadow solar collectors on adjoining properties. Complies.

S9

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

The proposal will not reduce solar access to less than 3 hours on north-facing windows. Complies.

S9

Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

The proposal will not reduce solar access to private open space to less than 3 hours. Complies.

 

 

7.4      Council Plans and Policies

7.4.1   Randwick City Council Section 94 Development Contributions Plan

In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, the following monetary levy must be paid to Council.

 

Category

Cost

Applicable

Levy

S94A Levy

Development cost

$100,001 - $200,000

$180,000

0.5%

$900

Development Cost

More than $200,000

Not applicable.

1.0%

Not applicable.

                                     

7.4.2   Randwick City Council Asbestos Policy 2005

 

An asbestos survey prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor) has not been submitted with the application and in accordance with Council’s Asbestos Policy.

 

As such, a number of conditions of consent have been imposed accordingly to maintain appropriate levels of public health and safety.

 

7.4.3   Randwick City Council Rainwater Tanks Policy

The proposal is subject to the SEPP: BASIX requirements and as such consideration of this Randwick City Council policy is not required.

 

7.5      Site Suitability

 

The proposal is suited to the site.

 

7.6      Public Interest

 

A number of objections were received regarding the proposed development particularly in respect to the potential impact of the front car parking space on traffic and pedestrians on Carrington Road. These objections have been addressed in Section 5.1 of this report and should be noted that no objection by Council’s Development Engineer has been raised in respect to the proposed front hard stand car space. As such the proposed development is considered to be in the public interest.

 

7.    Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

7.1      Outcome 4: Excellence in urban design and development

The proposed modifications have an architectural quality that is sympathetic to the streetscape and will maintain the existing character of the surrounding area. The proposal will not become a dominant element to the streetscape and the additional floor area, although a non-compliance with the DCP controls, will not adversely impact the amenity of the neighbouring dwellings.

 

7.2  Direction 4a & associated key action: Improved design and sustainability across all development

 

The proposed modifications will improve the design and presentation of the dwelling to the street, provide additional living space and will not adversely impact the sustainability of the dwelling or the amenity of adjacent dwellings.

 

8.    Financial Impact Statement

 

There is no direct financial impact for this matter.

 

9.    Conclusion

 

The proposal complies with the relevant assessment criteria and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality. The proposed development exceeds the preferred solutions in respect to FSR and side setback however it has been demonstrated that the proposal will satisfy the relevant performance requirements of the DCP. It is also important to note that Council’s Development Engineer does not raise any objection to the location of the front hard stand parking space.

 

As such the proposal is recommended for approval.

 

 

Recommendation

 

That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/936/2007 for substantial alterations and additions to existing terrace including new attic addition and car space at front at 248 Carrington Road, Randwick subject to the following conditions:

 

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:

 

1.       The development must be implemented substantially in accordance with the plans drawn by Archman Design Services, marked 07/038A and numbered Sheets 1 of 4, 2 of 4, 3 of 4 and 4 of 4 all dated 17 January 2008 and received by Council on 17 January 2007, and the Section A-A diagram marked 07/038A and received by Council on 17 January 2008, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans.

 

2.       The 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 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

3.       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.

 

4.       There must be no encroachment of the structure/s onto Council’s road reserve, footway or public place, unless written permission has been obtained from the  Council beforehand.

 

5.       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.

 

The following condition is imposed to satisfy relevant requirements of the Sydney Water Corporation.

 

6.       All building, plumbing and drainage work must be carried out in accordance with the requirements of the Sydney Water Corporation.

 

The approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre prior to commencing any building or excavation works, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

If suitable, the plans will be appropriately stamped.  For Quick Check agent details please refer to Sydney Water’s web site at www.sydneywater.com.au and go to the Building, Developing and Plumbing, then Quick Check or Building and Renovating or telephone 13 20 92.

 

The principal certifying authority must ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before commencing any works.

 

The following condition is applied to meet additional demands for public facilities;

 

7.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, the following monetary levy must be paid to Council.

 

Category

Cost

Applicable Levy

S94A Levy

Development cost

$100,001 - $200,000

$180,000

0.5%

$900

Development Cost

More than $200,000

Not applicable.

1.0%

Not applicable.

 

The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate being issued for the proposed development. The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment.

 

Council’s Section 94A Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

 

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

 

8.       In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this       development are fulfilled.

 

9.       In accordance with the provisions of the Environmental Planning & Assessment Regulation 2000, a relevant BASIX Certificate and associated documentation must be submitted to the Certifying Authority with the Construction Certificate application for this development.

 

The required commitments listed and identified in the BASIX Certificate are to be included on the plans, specifications and associated documentation for the proposed development, to the satisfaction of the Certifying Authority.

 

The design of the building must not be inconsistent with the development consent and any proposed variations to the building to achieve the BASIX commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issued.

 

10.     The following provisions are to be implemented in accordance with the relevant BASIX Certificate and details are to be included in the Construction Certificate documentation (as applicable), to the satisfaction of the Certifying Authority:

 

·           Stormwater management (i.e. rainwater tanks)

·           Water efficiency (i.e. triple A rated taps and showers, dual flush toilets and water re-use)

·           Landscaping provisions

·           Thermal comfort (i.e. construction materials, glazing and insulation)

·           Energy efficiency (i.e. cooling & heating provisions and hot water systems)

 

11.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue a final Occupation Certificate for this development, unless it is satisfied that each of the required BASIX commitments have been fulfilled.

 

Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Council upon issuing the final Occupation Certificate.

 

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

 

12.     Surface water/stormwater must be drained and discharged to the street gutter or suitably designed absorption pit, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate application for the development.

 

Absorption pits must be located not less than 3m from any adjoining premises and the stormwater must not be directed or flow onto any adjoining premises or cause a nuisance.

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

13.     External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the building, or cause a nuisance or damage to the adjoining premises.

 

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

 

14.     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.

 

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

 

16.     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.

 

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.

 

17.     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 persons 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.

 

18.     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.

 

19.     A sign must be erected and maintained in a prominent position on the site for the duration of the works, 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; and

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

 

20.     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.

 

21.     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 and must also be provided to Council with the occupation certificate.

 

22.     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.

 

23.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

25.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the following regulations:

 

      The requirements and Guidelines of WorkCover NSW

·      Occupational Health and Safety Act 2000

·          Australian Standard 2601 (2001) – Demolition of Structures

·          The Protection of the Environment Operations Act 1997

·          Protection of the Environment Operations (Waste) Regulation 1996.

 

26.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

The Work Plan must include the following information (as applicable):

·        The name, address, contact details and licence number of the Demolisher         /Asbestos Removal Contractor

·        Details of hazardous materials, including asbestos

·        Method/s of demolition and removal of asbestos

·        Measures and processes to be implemented to ensure the health & safety of     workers and community

·        Measures to be implemented to minimise any airborne asbestos and dust

·        Methods and location of disposal of any asbestos or other hazardous       materials

·        Other relevant details, measures and requirements to be implemented as identified in the Asbestos Survey

·        Date the demolition and removal of any asbestos materials will commence

 

The Demolition Work Plan must be submitted to Council and the Principal Certifying Authority (PCA) if the Council is not the PCA, not less than two (2) working days before commencing any demolition works involving asbestos products or materials.  A copy of the Demolition Work Plan must also be maintained on site and be made available to Council officers upon request.

 

Note it is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

 

27.     Any work involving the demolition, storage and disposal of asbestos products and materials must be carried out in accordance with the following requirements:

 

a.       Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

b.       Randwick City Council’s Asbestos Policy (adopted 13 September 2005)

 

c.       A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 50 m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).

Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.

 

d.       On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

 

e.       Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996.

 

f.        A Clearance Certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the principal certifying authority upon completion of the asbestos related works prior to an Occupation Certificate being issued, which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 

28.     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.

 

 

29.     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 246 Carrington Road, Randwick and 250 Carrington Road, Randwick.

              

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.

 

30.     The adjoining land and buildings located upon the adjoining land must be     adequately supported at all times.

If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of any building located 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

·       effectively support  the excavation and building; 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 and particulars of the works to the owner of the adjoining land.

 

Notes

 

·    This consent and condition does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the principal contractor or owner-builder must obtain:

 

a)     the consent of the owners of such adjoining or supported land to trespass or encroach, or

b)     an access order under the Access to Neighbouring Land Act 2000, or

c)     an easement under section 88K of the Conveyancing Act 1919, or

d)     an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

·    Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

31.     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 between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and Public Holidays.

 

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.

 

32.     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.

 

Noise and vibration from any rock excavation machinery and pile drivers (or the like) must be minimised by using appropriate plant and equipment and silencers and a construction noise and vibration minimisation strategy, prepared by a suitably qualified person is to be implemented during the works, to the satisfaction of the Principal Certifying Authority.

 

33.     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.

 

If it is proposed to locate any site fencing, hoardings or amenities upon any part of the footpath, nature strip 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.

34.     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;

·           construction traffic management provisions.

 

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.

 

35.     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 the Construction Site Management Plan which must be submitted to and approved by the principal certifying authority prior to the commencement of any site works. 

 

36.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

 

a.     Building materials, sand, soil, waste materials, construction equipment or other activities 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.

 

b.     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.

 

c.     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.  Applications to place a waste container in a public place can be made to Council’s Health Building and Regulatory Services section.

 

d.     Any part of Council’s road, footway or nature strip which is damaged as a result of the work must be repaired or replaced to Council’s satisfaction prior to occupation or finalisation of the development.

 

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

 

37.              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/upper floor addition.

 

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

 

38.     Prior to the issuing of a final occupation certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

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

 

39.     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.

 

40.     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.

 

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

 

41.     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, must match the back of the existing footpath along the full site frontage.

 

42.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

43.     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:

 

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

 

The applicant shall liaise with Telstra to ensure all requirements are met in relation to the Telstra pit located within the driveway.

 

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

 

45.     That part of the nature-strip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

Tree Management

 

46.     Approval is granted for the applicant to remove the existing small Kunzea ambigua (Tick Bush) located on Council’s Carrington Road nature strip, just beyond the northern boundary, in order to accommodate the proposed vehicle crossing in the location shown.

 

47.     All tree material, including stump removal/grinding to a minimum depth of 150mm below ground level, shall be removed from the site and disposed of in a responsible manner, with the applicant required to satisfy themselves as to the location of all site services (above and/or below ground) which may be affected, prior to the commencement of any works at the site. (Refer also Service Authority conditions described earlier in this report) 

 

48.     The applicant shall submit a total payment of $107.25 (including GST) to Council,

 

a.       Being the cost for Council to supply and install 1 x 25 litre street tree, Glochidion ferdinandii (Cheese Tree) on Council’s Carrington Road nature strip, to the south of the proposed vehicle crossing at the completion of all works ($97.50 + GST).

 

The contribution shall be paid into Tree Amenity Income account no 4001.768401 at the Cashier on the Ground Floor of the Administrative Centre prior to a construction certificate being issued for the development.

 

The applicant will be required to contact Council’s Landscape Development Officer on 9399-0613, giving at least two working weeks notice, to arrange for provision of the replacement street tree upon completion of all site works.

 

49.     Permission is granted for the selective pruning of only those lower growing, overhanging fronds from the Howea fosteriana (Kentia Palms) located in the rear yard of the adjoining property to the south, 250 Carrington Road, growing close to the common boundary, which need to be specifically pruned in order to avoid damage/conflict during the course of the proposed works.

 

50.     This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary; however, where such measures are desirable in the best interests of correct pruning procedures and the ongoing health of the palms, it will be necessary for the applicant to negotiate with the neighbour/tree owner for access to their property to perform such work.

 

51.     All pruning must be undertaken by a qualified Arborist, with suitable qualifications in Arboriculture and to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

ADVISORY MATTERS:

 

A1      Building or excavations works must not be commenced until a construction certificate has been obtained from Council's Building Certification Services or an Accredited Certifier and either Council's Building Certification Services or an Accredited Certifier has been appointed as the Principal Certifying Authority (PCA) for this development.

 

Failure to obtain a Construction Certificate and appoint a PCA before commencing works is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million under the Environmental Planning & Assessment Act 1979.

 

A2      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, 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 (greater than 3m in length) or any container or other article.

A3      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.

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

26 February 2008

 

 

 

Director City Planning Report No. CP3/08

 

 

Subject:                  Classification of Land under the Local Government Act, 1993 - Units 310 and 421  "Axis Apartments", Lot 33 and Lot 56 in SP 79763 Pacific Square, Corner Anzac Parade and Maroubra Road, Maroubra Junction

Folder No:                   F2004/07997

Author:                   Teresa Mok     

 

Introduction

 

On 18 December, 2007, Council received ownership of two new affordable dwelling units in Maroubra Junction.  These dwellings represent the final two out of a total of five units secured through a voluntary negotiation process with the developers of the Pacific Square development at Maroubra.  The first three dwellings, also the subject of a similar operational land classification process, were dedicated to Council in late 2006.

 

The Local Government Act, 1993, (the Act) contains provisions relating to land acquired by Council after 1 July, 1993.  It provides for Council properties to be classified as either operational or community.  The purpose of classification is to identify clearly that which should be kept for use by the general public (community) and that land which need not (operational).  If a decision is not taken by Council to classify the two affordable housing dwellings in the Pacific Square development by 18 March 2008, they will automatically revert to a ‘community’ land classification. 

 

The decision to classify all affordable rental housing units as ‘operational’ land was supported by Council at its Health, Building & Planning Committee Meeting of 13 June 2006.  The report entitled “Affordable Rental Housing Program + Procedures” discussed the relative merits of an operational land classification.   This classification will not change the status of the properties for use as affordable housing accommodation but will enable Council to make timely decisions relating to maintenance liabilities, as well as ensuring its affordable housing stock continues to match the target groups’ needs.

 

A community classification would limit Council’s capacity to cost effectively manage the affordable rental housing program on a cost neutral basis. Council’s Solicitor has confirmed that an ‘operational’ classification is appropriate for Council’s affordable rental housing properties.  In accordance with the provisions of the Act, the proposal to classify the dwellings was publicly advertised for forty-three days, to take into account the public holiday period.  No submissions were received. The dwellings will shortly be let in accordance with the Council’s Affordable Rental Housing Program.

 

This report recommends that Council supports the ‘operational’ land classification for the two affordable housing units located within the Pacific Square development. 

 

Issues

 

Classification of Council land or properties

Section 25 of the Act requires that all land vested in a Council be classified - as either ‘community’ or ‘operational’ land. The major consequence of classification is that it determines the ease or difficulty with which land may be alienated by sale, leasing or some other means: community land must not be sold (except in limited circumstances); it cannot be leased or licensed for more than 21 years; and may only be leased or licensed for more than 5 years if public notice of the proposed lease or license is given, and in the event that an objection is made, the Minister’s consent is obtained.  No such restrictions apply to operational land.

 

The classification of the properties do not alter the status of the dwellings which, in accordance with Council’s resolutions, are set aside solely for affordable housing.

 

Methods of classification

The Act provides for two methods for classifying land:

 

1.     By local environmental plan (LEP), which is considered to be a more resource and time consuming process. 

 

2.     By resolution of the Council – for land or properties acquired after 1 July, 1993 and only within the 3 month “window” opportunity from the acquisition date.

 

In the current case, method 2 is preferred as it can be achieved most efficiently.

 

Public notice

Section 34 of the Act requires Council to give public notice of a proposed resolution to classify public land. The public notice must give at least twenty eight (28) days for the receipt of submissions.

 

Formal notice to classify the subject dwelling units as operational land was given in the Southern Courier for an extended period from 18 December, 2007 until 30 January, 2008, for public submissions to be received.   Information was also on display at Council’s customer service centre, libraries and on its web site. No submissions were received by Council as a result of the public notification process.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A Liveable City.

Direction 6a:      Our public assets are planned, managed and funded to meet the community expectations and defined levels of service.

Direction 6e:      Housing diversity, accessibility and adaptability to support our diverse community is enhanced.

Key Action:       Assets are managed strategically to deliver intergenerational equity and to meet Council’s obligation as the custodian of our community’s assets.

 

Financial impact statement

 

There is no direct financial impact associated with the proposed resolution. However, should Council not adopt the resolution, it will affect the ease with which the dwelling units may be sold or leased. This will have long term financial implications for Council’s asset management, as well as the success of its Affordable Rental Housing Program.

 

Conclusion

 

The affordable housing units are required to be classified under the Local Government Act, 1993. An ‘operational’ land classification can be achieved by a resolution of Council, and is consistent with Council’s Affordable Rental Housing Program + Procedures (endorsed on 13 June 2006).

 

In the current case, classification needs to be done promptly to avoid a default to community classification.

 

The proposed resolution was publicly notified in accordance with the requirements of the Act, and no submissions were received.

 

 

Recommendation

 

That Council’s affordable housing dwellings comprising of Units 310 and 421 "Axis Apartments", Lot 33 and Lot 56 in SP 79763 Pacific Square, corner Anzac Parade and Maroubra Road , Maroubra Junction, be classified as ‘operational’ land in accordance with the provisions of the Local Government Act 1993.

 

Attachment/s:

 

Nil

 

  


Ordinary Council

26 February 2008

 

 

 

General Manager's Report No. GM1/08

 

 

Subject:                  Affixing of the Council Seal

Folder No:                   F2004/06336

Author:                   Ray Brownlee, General Manager     

 

Introduction

 

Clause 400 (Part 13) of the Local Government (General) Regulation 2005 requires that the Seal of the Council must not be affixed to a document unless the document relates to business of the Council and the Council has resolved (by resolution referring to the document) that the Seal be so affixed.

 

Issues

 

It is necessary for the Council’s Seal to be affixed to the signing of agreements between Council and:

 

1.     Grace Sawang (T/As Cheeky Chook) in relation to a licence for the purpose of outdoor dining at 315 Malabar Road, Maroubra.

2.     The Department of Lands in relation to a licence of crown land for the purpose of beautification (mowing and maintenance) at 119R Bilga Crescent, Malabar.

3.     The Department of Lands in relation to a licence of crown land for the purpose of beautification (mowing and maintenance) at 85R Bilga Crescent, Malabar.

4.     Job Futures Ltd in relation to a licence for office space at Suite 2, Office 2, Level 3, Bowen Library 669-673 Anzac Parade, Maroubra.

5.     Randwick District of the Sydney Branch of SLSA of Australia Incorporated, in relation to a licence for the boat ramp located on Cromwell Park, 2R Bay Parade, Malabar.

6.     Pragayrat Jangdonpai (T/As Chopsticks Thai) in relation to a licence for the purpose of outdoor dining at 2/25 Perouse Road, Randwick.

7.     Bill Knock (T/As Gloria Jeans Maroubra) in relation to a licence for the purpose of outdoor dining at 906 Anzac Parade, Maroubra.

8.     Elizabeth Galea (T/As Yo Adrian) in relation to a licence for the purpose of outdoor dining at 250 Arden Street, Coogee.

9.     Omega Environmental Pty Limited in relation to a licence for office space at  Office 1, Level 3, Bowen Library 669-673 Anzac Parade, Maroubra.

10.   Anthony Mavromatis (T/As Tropicana Cafe) in relation to a licence for the purpose of outdoor dining at 207 Coogee Bay Road, Coogee.

11.   Amcor Fibre Packaging in relation to a pipeline agreement for the use of an area under part of the public road known as Botany Road, Matraville.

12.   Leanne Pikos (T/As Lite Hearted Café) in relation to a licence for the purpose of outdoor dining at 1212 Anzac Parade, Malabar.

13.   Europa Construction Solutions Pty Ltd in relation to a licence for the purpose of quasi industrial/commercial purposes at the rear of 127 Boyce Road, Maroubra.

14.   Randwick Botany Cycling Club Incorporated in relation to a licence for the purpose of an administration and amenities room at the rear of the DRAC  facility grandstand building located at 126-146R Jersey Road, Matraville.

15.   Randwick Meals on Wheels in relation to a licence for the purpose of preparation and packaging for food distribution at Stalls 9 & 10, 1 Rainbow Street, Kingsford.

16.   Chelsea Mayes (T/As Crumpet Cafe) in relation to a licence for the purpose of outdoor dining at 19-21 Havelock Avenue, Coogee.

17.   Aleksandar Maksimovich (T/As The Old City Grill) in relation to a licence for the purpose of outdoor dining at 38-40 St Pauls Street, Randwick.

18.   Ann Jackson (T/As Kenso Café) in relation to a licence for the purpose of outdoor dining at 174 Anzac Parade, Kensington.

19.   Europa Construction Solutions Pty Ltd in relation to a licence for the purpose of commercial office, staff and administration facilities at 127 Boyce Road, Maroubra.

20.   Adbooth Pty Ltd in relation to licence agreements for the purpose of installation of new public telephone booths with internally illuminated advertising panels in thirty five (35) locations across Randwick Local Government area.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 7:       A Liveable City that Balances Growth and Change.

Direction 7f:              Town Centres that meet the needs of our community as places to work, shop, live and socialise.

 

Financial impact statement

 

In signing of these agreements, Council will receive the following income:

 

1.     A licence agreement with Grace Sawang (T/As Cheeky Chook) will generate an annual income of $1,166.75 + GST.

2.     A licence with the Department of Lands for 119R Bilga Crescent, Malabar, will result in a cost to Council of $382.00 + GST per annum.

3.     A licence with the Department of Lands for 85R Bilga Crescent, Malabar, will result in a cost to Council of $382.00 + GST per annum.

4.     A licence agreement with Job Futures Ltd will generate an annual income of $5,473.55 + GST.

5.     A licence agreement with Randwick District of the Sydney Branch of SLSA of Australia Incorporated Inc. will generate an annual income of $377.00 + GST.

6.     A licence agreement with Pragayrat Jangdonpai (T/As Chopsticks Thai) will generate an annual income of $3,102.30 + GST.

7.     A licence agreement with Bill Knock (T/As Gloria Jeans Maroubra) will generate an annual income of $5,024.50 + GST.

8.     A licence agreement with Elizabeth Galea (T/As Yo Adrian) will generate an annual income of $3,909.10 + GST.

9.     A licence agreement with Omega Environmental Pty Limited will generate an annual income of $3,960.00 + GST.

10.   A licence agreement with Anthony Mavromatis (T/As Tropicana Café) will generate an annual income of $3,625.70 + GST.

11.   A pipeline agreement with Amcor will generate an annual income of $10,000.00 + GST.

12.   A licence agreement with Leanne Pikos (T/As Lite Hearted Café) will generate an annual income of $3,270.96 + GST.

13.   A licence agreement with Europa Constructions Solutions Pty Ltd will generate an annual income of $27,732.00 + GST.

14.   A licence agreement with Randwick Botany Cycling Club Incorporated for will generate an annual income of $2,299.73 + GST.

15.   A licence agreement with Randwick Meals On Wheels will generate an annual income of $1,242.00 + GST.

16.   A licence agreement with Chelsea Mayes (T/As Crumpet Café) will generate an annual income of $2,907.40 + GST.

17.   A licence agreement with Aleksandar Maksimovich (T/As The Old City Grill) will generate an annual income of $3,528.35 + GST.

18.   A licence agreement with Ann Jackson (T/As Kenso Café) will generate an annual income of $1,594.10 + GST.

19.   A licence agreement with Europa Construction Solutions Pty Ltd will generate an annual income of $10,400.00 + GST.

20.   Licence agreements with Adbooth Pty Ltd will generate an annual income of 8% of the licensee’s charge out rate for the advertising panel + GST.

 

Conclusion

 

As Clause 400 (part 13) of the Local Government (General) Regulation requires that the Council pass a resolution authorising the Affixing of the Seal, it is necessary for this action to take place to facilitate legal formalities.

 

 

Recommendation

 

That the Council’s Seal be affixed to the signing of agreements between Council and:

 

1.     Grace Sawang (T/As Cheeky Chook) in relation to a licence for the purpose of outdoor dining at 315 Malabar Road, Maroubra.

2.     The Department of Lands in relation to a licence of crown land for the purpose of beautification (mowing and maintenance) at 119R Bilga Crescent, Malabar.

3.     The Department of Lands in relation to a licence of crown land for the purpose of beautification (mowing and maintenance) at 85R Bilga Crescent, Malabar.

4.     Job Futures Ltd in relation to a licence for office space at Suite 2, Office 2, Level 3, Bowen Library 669-673 Anzac Parade, Maroubra.

5.     Randwick District of the Sydney Branch of SLSA of Australia Incorporated, in relation to a licence for the boat ramp located on Cromwell Park, 2R Bay Parade, Malabar.

6.     Pragayrat Jangdonpai (T/As Chopsticks Thai) in relation to a licence for the purpose of outdoor dining at 2/25 Perouse Road, Randwick.

7.     Bill Knock (T/As Gloria Jeans Maroubra) in relation to a licence for the purpose of outdoor dining at 906 Anzac Parade, Maroubra.

8.     Elizabeth Galea (T/As Yo Adrian) in relation to a licence for the purpose of outdoor dining at 250 Arden Street, Coogee.

9.     Omega Environmental Pty Limited in relation to a licence for office space at Office 1, Level 3, Bowen Library 669-673 Anzac Parade, Maroubra.

10.   Anthony Mavromatis (T/As Tropicana Cafe) in relation to a licence for the purpose of outdoor dining at 207 Coogee Bay Road, Coogee.

11.   Amcor Fibre Packaging in relation to a pipeline agreement for the use of an area under part of the public road known as Botany Road, Matraville.

12.   Leanne Pikos (T/As Lite Hearted Café) in relation to a licence for the purpose of outdoor dining at 1212 Anzac Parade, Malabar.

13.   Europa Construction Solutions Pty Ltd in relation to a licence for the purpose of quasi industrial/commercial purposes at the rear of 127 Boyce Road, Maroubra.

14.   Randwick Botany Cycling Club Incorporated in relation to a licence for the purpose of an administration and amenities room at the rear of the DRAC facility located at 126-146R Jersey Road, Matraville.

15.   Randwick Meals on Wheels in relation to a licence for the purpose of preparation and packaging for food distribution at Stalls 9 & 10, 1 Rainbow Street, Kingsford.

16.   Chelsea Mayes (T/As Crumpet Café) in relation to a licence for the purpose of outdoor dining at 19-21 Havelock Avenue, Coogee.

17.   Aleksandar Maksimovich (T/As The Old City Grill) in relation to a licence for the purpose of outdoor dining at 38-40 St Pauls Street, Randwick.

18.   Ann Jackson (T/As Kenso Café) in relation to a licence for the purpose of outdoor dining at 174 Anzac Parade, Kensington.

19.   Europa Construction Solutions Pty Ltd in relation to a licence for the purpose of commercial office, staff and administration facilities at 127 Boyce Road, Maroubra.

20.   Adbooth Pty Ltd in relation to licence agreements for the purpose of installation of new public telephone booths with internally illuminated advertising panels in thirty five (35) locations across Randwick Local Government area.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

26 February 2008

 

 

 

General Manager's Report No. GM2/08

 

 

Subject:                  Authority to Increase Hiring Fees - Snape Park Tennis Centre

Folder No:                   F2004/06336

Author:                   Ray Brownlee, General Manager     

 

 

Introduction

 

The current licensee of Snape Park Tennis Centre, Rosa Game Pty Ltd are seeking Council's approval to increase their court hire fees in accordance with Consumer Price Index (CPI).

 

Issues

 

It is necessary for Council’s authority to be granted to increase the hire fees, as the lease agreement states that the fees will not be altered without the approval in writing of the Lessor.

 

The Lessee has previously asked for an increase of fees in May 2005 and has kept those prices for three years.

 

The Lessee has requested permission to increase their fees as detailed hereunder:

 

Monday to Friday       before 4pm                $17.00 per hour per court

Monday to Friday       after 4pm                  $19.00 per hour per court

Saturday to Sunday                                  $19.00 per hour per court

Public Holiday                                           $19.00 per hour per court

 

The increase in fees is due to the renovation costs of Snape Park Tennis Centre and in accordance with Consumer Price Index increase.

 

It is a standard business practice for tennis centres to charge a slightly higher charge for Saturdays, Sundays and Public Holidays. This represents a difference of $2.00 per hour over the charges for Monday to Friday before 4pm.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A liveable City

Direction 6a:              Our public assets are planned, managed and funded to meet the community expectations and defined levels of service.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed new fees are based on an increase in renovation costs and the Consumer Price Index increase. The Licensee states that the increase will enable them to continue their high levels of service.

 

Recommendation

 

That authority be granted to Rosa Game Pty Ltd to increase their court hire fees to the following:

 

Monday to Friday       before 4pm                $17.00 per hour per court

Monday to Friday       after 4pm                  $19.00 per hour per court

Saturday to Sunday                                  $19.00 per hour per court

Public Holiday                                           $19.00 per hour per court.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

26 February 2008

 

 

 

General Manager's Report No. GM3/08

 

 

Subject:                  December 2007 Quarterly Review - Management Plan 2007-11

Folder No:                   F2007/00140

Author:                   Anne Warner, Coordinator Integrated Planning     

 

Introduction

 

The purpose of this Report is to update Councillors and the community on the implementation of the 2007-11 Management Plan.

 

Issues

 

This is the December 2007 Quarterly Review of the 2007-11 Management Plan. Under the Local Government Act 1993, there is the requirement that a Report must be provided after the end of each quarter, detailing the extent to which performance indicators and targets set by Council’s Management Plan have been achieved during the quarter.

 

The December Quarterly Report is presented in two parts. The first outlines some of the highlights for the Quarter, while the second provides comments and progress figures for each of the 2007-08 Management Plan actions. It should be noted that if the progress for an action is less than 50 per cent this most likely reflects the fact that the majority of the work is to be undertaken later in the financial year. It should also be noted that the publishing capabilities of the reporting will be improved over the financial year.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1a:      Council has a long term vision based on sustainability.

Direction 1d:      Continuous improvement based on accountability, transparency and good governance.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The purpose of the December Quarterly Report is to inform and update Council and the community on the progress of all actions as set out in the adopted Management Plan 2007-11.  In addition, given that the Management Plan is based on the 20 year Randwick City Plan and that the newly adopted reporting format is based on outcomes rather than organisational structure, the December Quarterly Report also provides a level of accountability against our long term vision for the City of Randwick.

 

Recommendation

 

That the information contained in the December 2007 Quarterly Review of the 2007-11 Management Plan be received and noted.

 

Attachment/s:

 

1

Randwick City Council December, 2007 Quarterly Review of the 2007-11 Management Plan – UNDER SEPARATE COVER

42 Pages

 

 

  


Ordinary Council

26 February 2008

 

 

 

Director City Services Report No. CS1/08

 

 

Subject:                  Offshore Boat Facility Proposal

Folder No:                   F2007/00164

Author:                   John  Calvani, Coordinator Parks and Recreation     

 

Introduction

 

Council Officers have been approached by the Offshore Rescue Boat Group and the Randwick District Surf Life Saving to consider a proposal for new facilities at Malabar.  The Offshore Rescue Boat Group currently operates out of a facility located in Cromwell Park, Fishermans Road near the intersection with Dacre Street, Malabar.

 

Issues

 

The existing storage facility has a floor area of approximately 85 square metres and was designed/constructed in the late 1970’s. The facility is of a basic design consisting of boat storage space, amenities room and a small office/work area.  The original plans contain notes advising that the footings for the facility were designed to accommodate a second storey addition in the future if required. The original plans are shown as attachment one.

 

The operators of the facility would like to demolish the existing facility and construct a new expanded and modernised facility on the current site.  The proposal is for a building approximately three times larger at 275 square metres which would also include a large undercroft storage area of approximately 100 square metres.  The proposal caters for male and female facilities, a small kitchen, radio room, meeting room, common room and boat/car garaging together with storage areas.  The proposal also allows for six off-street parking bays.  The proposal is shown at attachment two.

 

It is also reported that preliminary discussions have been held with the Clovelly Surf Life Saving Club about the relocation of the rescue boat facility to Clovelly and that discussions are continuing.  The Clovelly Surf Life Saving Club has also been seeking solutions to its storage requirements.  It may be an opportunity for the requirements of both groups to be satisfied through a single solution, possibly at the Clovelly site.

 

Council Officers will meet with the proponents and discuss the need and funding arrangements for the proposals and report back to Council.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:        A Sense of Community.

Direction: 2c.      Strong partnerships between Council, community groups and government agencies.

Key Action:         Champion our community’s needs to other community service providers and government agencies to advocate on our community’s behalf.

 

Financial impact statement

 

There are no financial impacts associated with this matter at this stage.

 

Conclusion

 

Whilst the proposal submitted by the offshore rescue facility operators has merit, the need and funding options for the proposal need to be explored and substantiated prior to further developing this project.

 

 

Recommendation

 

That the report be received and noted.

 

Attachment/s:

 

1View

Original Rescue Boat Storage Facility Design 1977 &
New Rescue Boat Storage Facility Design 2008

3 Pages

 

 

 


Original Rescue Boat Storage Facility Design 1977 & / New Rescue Boat Storage Facility Design 2008

Attachment 1

 

 



  


Ordinary Council

26 February 2008

 

 

 

Director Governance & Financial Services Report No. GF1/08

 

 

Subject:                  Review of Code of Meeting Practice

Folder No:                   F2004/06590

Author:                   Julie Hartshorn, Senior Administrative Coordinator     

 

Introduction

 

A report in relation to this matter was submitted to the 11 December 2007  Council Meeting, wherein it was resolved - (Sullivan/Procopiadis) “that this matter be deferred until the ordinary Council Meeting in February 2008 to allow for further consideration by all Councillors.”

 

The report from the December Council Meeting is repeated below:

 

Issues

 

The Local Government Act provides for Councils to adopt a Code of Meeting Practice with respect to the conduct of Council and Committee Meetings.  As a minimum, the Code must incorporate the provisions of the Local Government (General) Regulation and any non-legislative provisions must be consistent with the legislative requirements.

 

Council’s Code of Meeting Practice was last reviewed in February 2006.  There are, however, a number of minor issues that have arisen since the last review and those issues are as follows:

 

·           There are no procedures in the Local Government Act or the Local Government (General) Regulation that specify the procedure for obtaining the leave of the Council and Council’s Code of Meeting Practice is also silent on the issue.  In order to make it clear that the acceptance of an apology amounts to the granting of leave by the Council, it is suggested Council’s Code of Meeting Practice be amended to incorporate a provision in the following terms:

 

The acceptance by the Council of an apology tendered by a Councillor for the non attendance of the Councillor at an Ordinary Council Meeting or Committee Meeting is deemed to be leave granted by the Council for the absence of the Councillor from that meeting provided that the apology is tendered prior to the meeting.  See Clause 45 on page 18 of the Code.

 

·           In addition, since the last review of the Code, the following additional provisions in relation to leave of absence, have been added to Local Government Act/Local Government (General) Regulation:

 

-     If the holder of a civic office attends a council meeting (whether or not an ordinary meeting) despite having been granted leave of absence, the leave of absence is taken to have been rescinded as regards any future council meeting.

 

-     The above does not prevent the council from granting further leave of absence in respect of any future council meeting.

 

-      A councillor's application for leave of absence from Council Meetings should, if practicable, identify (by date) the meetings from which the Councillor intends to be absent.

 

-      A councillor who intends to attend a Council Meeting despite having been granted leave of absence should, if practicable, give the General Manager at least 2 days' notice of his or her intention to attend.

 

These new legislative provisions have been included in the revised Code of Meeting Practice.  See Clause 45 on page 18 of the Code.

 

·           A new clause is required to prohibit the use of mobile phones in the Council Chamber during meetings.  See Clause 71 on page 27 of the Code.

 

·           The code should include a reference to the audio recordings for Council and Committee Meetings being accessible under Freedom of Information (FOI) legislation.  See Clause 69(5) on page 26 of the Code.

 

·           The clause in relation to Rescission Motions needs updating, to make it clear that Rescission Motions are to be submitted prior to noon on the next working day after any meeting.  This will cover the situation where a meeting is held on a Friday or on the day prior to public holidays.  See Clause 43(12) & 43(13) on page 18 of the Code.

 

·           Clause 30 in relation to Mayoral Minutes requires updating to make it clear that the Deputy Mayor can submit Mayoral Minutes to Council Meetings in the absence of the Mayor and when acting in the role of the Mayor.  See Clause 30(4) on page 14 of the Code.

 

In addition, the revised code includes reference to:

 

·           The Environment Committee.  See Clause 52(1)(a) on page 21 of the Code.

 

·           The change of name of the Health, Building & Planning Committee to the Planning Committee.  See Clause 52(1)(a) on page 21 of the Code.

 

·           The chair’s ruling in relation to acts of disorder being included in the minutes of meetings (Council resolution of 28 August 2007 (Matson/Hughes)).  See Clause 65(1)(p) on page 24 of the Code.

 

·           The requirement that Councillors are not to use call up powers for a development application on the sole basis of a residential car parking space where the space does not comply with Australian Standard AS 2890.1 Parking Facilities or has a length of at least 5 metres, whichever is lesser (Planning Committee resolution of 13 November 2007 (Woodsmith/Matson)).  See Clause 11(4)(ii) on page 5 of the Code.

 

The revised Code has been circulated separately to the business paper.  

 

Given that Council is considering it meeting practices, it is an opportune time to also review the current Committee Meeting structure, which is overly complicated and often confusing for the public.  It is proposed that the current structure be simplified by discontinuing the existing standing (or general) committees (the Administration & Finance Committee, the Community Services Committee, the Environment Committee, the Works Committee and the Planning Committee) and replacing the Committees with an additional Ordinary Council Meeting (i.e. there would be two (2) Ordinary Council Meetings per month). 

 

Under this scenario all meetings would commence at 6.00pm and there would be no restriction on the types of reports that could be considered at any meeting, which would be much less confusing for members of the public.  In addition, Councillors would have the opportunity to submit Notices of Motions to all meetings (as all meetings would be Council Meetings).  The proposed new structure would make redundant the current practice of adjourning one meeting to commence another.  Note: if this provision is included in the revised Code, the Code would need to be publicly exhibition prior to the amendments being adopted by Council.

 

Relationship to City Plan

 

There is no relationship to the City Plan.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Substantial amendments to the Code must be publicly exhibited prior to adoption in accordance with Section 361 of the Local Government Act. 

 

If the meeting structure is amended (as recommended) then the proposed amendments to the Code would be considered substantial given their impact on members of the public.  

 

 

Recommendation

 

That:

 

a)       the amended Code (as distributed) be adopted, subject to the inclusion of a provision(s) to account for the discontinuation of the existing General Committees and for Committee Meetings to be replaced by an additional Council Meeting per month.

 

b)       the amended Code be placed on public exhibition in accordance with Section 361 of the Local Government Act.

 

b)       this matter be reported back to Council at the close of the public exhibition            period.

 

Attachment/s:

 

1View

Revised Code of Meeting Practice

35 Pages

 

 

 


Revised Code of Meeting Practice

Attachment 1

 

 

 

 

 

 

                                          

 

 

 

 

 

 

 

Randwick City Council

Code of Meeting Practice

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TRIM Folder: F2004/06570

 

Adopted: 19 April 1994

Last revised: December 2007

 

 

TABLE OF CONTENTS

Clause                                                                                                                                   Page

            Introduction..................................................................................................................... 1

 

            PART 1 - PRELIMINARY

1.         Citation............................................................................................................................ 3

2.         Commencement............................................................................................................... 1

3.         Definitions........................................................................................................................ 1

 

            PART 2 – CONVENING OF COUNCIL MEETINGS

4.         Ordinary Meetings of Council........................................................................................... 2

5.         Convening a Meeting....................................................................................................... 2

6.         Calling of Extraordinary Meetings.................................................................................... 2

7.         Public Notice of Meetings................................................................................................. 2

8.         Notice of Meetings........................................................................................................... 3

           

            PART 3 – BUSINESS PAPERS FOR MEETINGS

9.         Business Papers for Council Meetings.............................................................................. 3

10.       Business Papers for Extraordinary Meetings.................................................................... 4

11.       Items for Agenda - Closing Time & Requested Items....................................................... 4

12.       Lodgement of Motions Pursuant to Notice (see Clause 11 for timeframes)..................... 5

 

            PART 4 – ATTENDANCE AT COUNCIL MEETINGS

13.       What is a Quorum for a Meeting...................................................................................... 6

14.       What Happens When a Quorum is not Present............................................................... 6

15.       Presence at Council Meetings.......................................................................................... 6

16.       Departure from Council Meetings..................................................................................... 6

17.       Who is entitled to attend Meetings

            (Exclusion & inclusion of the public)..................................................................... 6

17A.     Which parts of a meeting can be closed to the public?........................................ 7

17B.     Further limitations relating to closure of parts of

meeting to public. ............................................................................................... 7

17C.     Notice of likelihood of closure not required in urgent cases................................. 8

17D.     Grounds for closing part of meeting to be specified. ........................................... 8

17E.     Disclosure of Information at closed meetings. .................................................... 9

17F. Resolutions passed at closed meetings to be made public………………………………………..9

18.       Attendance of General Manager at Meetings................................................................... 9

 

PART 5 – PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS

19.       Who Presides at Meetings of Council............................................................................... 9

20.       Chairperson to have Precedence..................................................................................... 9

21.       Chairperson's Duty with Respect to Motions.................................................................. 10

22.       Order of Business.......................................................................................................... 10

23.       Giving Notice of Business............................................................................................... 11

24.       Council Meeting Prayer & acknowledgement of local indigenous people....................... 11

25.       Addressing of Council and Committee Meetings by Members of the Public.................... 12

26.       Tabled Documents/Petitions.......................................................................................... 12

27        Report of a Departmental Representative to be tabled at a Council Meeting................ 13

28.       Method of adoption of Reports...................................................................................... 13

29.       Disclosure of Interests................................................................................................... 14

30.       Mayoral Minutes............................................................................................................. 14

31.       Absence of Mover - Notice of Motion.............................................................................. 14

32.       Motions to be Seconded................................................................................................ 14

33.       How Subsequent Amendments may be Moved.............................................................. 14

34.       Procedural Motions........................................................................................................ 14

35.       Motions of Dissent......................................................................................................... 15

36.       Questions may be put to Councillors & Council Employees............................................ 15

37.       Limitation as to Number of Speeches............................................................................. 15

38.       What are the Voting Entitlements of Councillors............................................................ 16

39.       Voting at Council Meetings............................................................................................. 16

40.       What Constitutes a Decision of Council......................................................................... 17

41.       Making Resolutions Public after (part) meeting closed .................................................. 17

42.       Council Meeting Adjournment........................................................................................ 17

43.       Rescinding or Altering Resolutions................................................................................. 17

44.       Certain Circumstances do not invalidate Council's Decision........................................... 18

45.       Apologies/Leave of absences………………………………………………………………………………………………….18


 

 

PART 6 – KEEPING ORDER AT MEETINGS

46.       Questions of Order........................................................................................................ 19

47.       Acts of Disorder.............................................................................................................. 19

48.       How Disorder at a Meeting May Be Dealt With............................................................... 20

49.       Power to Remove Persons from Meeting after

            Expulsion Resolution...................................................................................................... 20

 

            PART 7 – COUNCIL COMMITTEES

50.       Committee of the Whole................................................................................................ 20

51.       Council May Appoint and Wind Up Committees.............................................................. 21

52.       General & Special Committees of Council....................................................................... 21

53.       What is a Quorum of a Committee................................................................................. 21

54.       Functions of Committees................................................................................................ 22

55.       Notice of Committee Meetings to be Given.................................................................... 22

56.       Non-members Entitled to Attend Committee Meetings.................................................. 22

57.       Chairperson and Deputy Chairperson of Committees.................................................... 22

58.       Absence from Committee Meetings................................................................................ 23

59.       Committee Procedures................................................................................................... 23

60.       Order of Business.......................................................................................................... 23

61.       Voting at Committee Meetings....................................................................................... 23

62.       Reports of Committees.................................................................................................. 23

63.       Committee may Expel Certain Persons from its Meetings.............................................. 24

64.       Committee Meeting Adjournment................................................................................... 24

 

            PART 8 - MINUTES

65.       Minutes …………………………………………………………………………………………………………………………….......24

66.       Inspection of the Minutes of Council or a Committee..................................................... 25

 

            PART 9 - MISCELLANEOUS

67.       Information Relating to Proceedings at Closed Meetings Not to be Disclosed............... 25

68.       Public Access to Correspondence and Reports.............................................................. 26

69.       Audio Recording of Council & Committee Meetings by Council....................................... 26

70.       Audio Recording/Video Recording of Meetings of Council or

            a Committee Prohibited Without Permission.................................................................. 27

71.       Use of mobile phones prohibited during Council and Committee Meetings……………………….. 27

72.       Public approaching Councillors during Meetings............................................................. 27

73.       Mode of Address............................................................................................................ 27

 

APPENDIX A – Conflicts of Interests (Pecuniary & Non-Pecuniary)……………………………...…….…………28                

 


Revised Code of Meeting Practice

Attachment 1

 

 

RANDWICK CITY COUNCIL

                                  CODE OF MEETING PRACTICE

 

INTRODUCTION                                            

This Code is made under the Local Government Act 1993 and in accordance with the Local Government (General) Regulation 2005 and subsequent amendments.

 

The object of this Code is to provide for the convening and conduct of meetings of Randwick City Council and of Committees of Council.  The provisions of this Code are substantially based on the provisions of the Act, the Local Government (General) Regulation 2005, subsequent amendments and Council policy decisions.

 

Council and all Committees of Council of which all members are Councillors must conduct their meetings in accordance with this Code (Section 360).

 

In adopting this Code of Meeting Practice, Randwick City Council commits itself to the following principles:

 

1.       Meetings should be orderly, efficient and earn the respect of the City’s ratepayers, residents and visitors;

 

2.       Councillors and staff have an obligation to conduct themselves at meetings to accepted standards of behaviour and make positive contributions to the issues being considered.  Importantly, Councillors and staff should not reflect adversely on their peers or each other publicly;

 

3.       Meetings should be held in an environment which facilitates respect shown for the views of others and regard for due process of law, reasonableness and fairness;

 

4.       Council meetings should comply with the basic organisation principle of Councillors not involving themselves in the day-to-day administration of Council matters.  Meetings should address matters of policy, direction, resource allocation, statutory decisions and other appropriate Council issues;

 

PART 1 - PRELIMINARY

 

1.         Citation

This Code may be cited as the "Code of Meeting Practice."

 

2.         Commencement

This Code was first adopted by Council on Tuesday, 19th April, 1994.

 

3.         Definitions

In this Code -

 

amendment, in relation to an original motion, means a motion moving an amendment to that motion;

 

Chairperson:

(a)      in relation to a meeting of Council - means the person presiding at the meeting as provided by section 369 of the Act (see Clause 19 of this Code); and

 

(b)      in relation to a meeting of a Committee of Council - means the person presiding at the meeting as provided by Clause 267 of the Local Government (General) Regulation 2005 (see Clause 56 of this Code);

 

Committee, in relation to Council, means a Committee appointed or elected by Council in accordance with Clause 260 of the Local Government (General) Regulation 2005 (see Clause 49 of this Code) or Council when it has resolved itself into Committee of the Whole;

 

Councillor, is a person elected or appointed to civic office as a member of the governing body of Council and includes the Mayor;

 

General Manager, is the General Manager of Council;

 

Record, means a document (including any written or printed material) or object (including a sound recording, coded storage device, magnetic tape or disc, microfilm, photograph, film, map, plan or model or a painting or other pictorial or graphic work) that is or has been made or received in the course of official duties by a Councillor or an employee of Council and, in particular, includes the minutes of meetings of Council or of a Committee of Council;

 

the Act, means the Local Government Act 1993.

 

          the Regulation, means the Local Government (General) Regulation 2005.

 

PART 2 - CONVENING OF COUNCIL MEETINGS

 

4.         Ordinary Meetings of Council

(1)      Council is required to meet at least ten (10) times each year, each time in a different month.

 

(2)      The Ordinary Meetings of the Council shall be held on the 4th Tuesday of each month (February to November) at 6.00pm in the Council Chamber, Town Hall, Avoca Street, Randwick and in accordance with Council’s adopted meeting schedule. 

 

5.         Convening a meeting

A meeting cannot be held unless due notice in writing has been given to all members and a quorum is present (see Clauses 8 and 14 of this Code).

 

6.         Calling of extraordinary meetings

 

Upon request by Councillors

(1)      If the Mayor receives a request in writing signed by at least two (2) Councillors (one of which may be the Mayor), the Mayor must call an extraordinary meeting of council to be held as soon as practicable, but in any event within 14 days after receipt of the request.

 

(2)      The purpose of the meeting must be stated in the Notice of the Meeting.

 

7.         Public notice of meetings

(1)      Council shall give notice to the public of the times and places of its meetings and meetings of those of its Committees of which all the members are Councillors. Meeting details are displayed weekly in the Council Column in the local press prior to the meeting.

 

(2)      Council and each such Committee must have available for the public at Council's offices and at each meeting copies (for inspection or taking away by any person) of the agenda and the associated business paper (such as correspondence and reports) for the meeting.

 

(3)      In the case of a meeting whose agenda includes the receipt of information or discussion of matters that, in the opinion of the General Manager, is likely to take place when the meeting is closed to the public:

 

(a)      the agenda for the meeting must indicate that the relevant item of business is of such a           nature (but must not give details of that item); and

 

(b)      the requirements of subsection (2) with respect to the availability of business papers do not apply to the business papers for those items of business.

 

(4)      The copies of the business paper are to be available to the public as nearly as possible to the time they are available to Councillors.

 

(5)      The copies are to be available free of charge.

 

(6)      A notice given under this section or a copy of an agenda or of a business paper made available under this section may, in addition, be given or made available in electronic form.

 

8.         Notice of meetings

(1)      Notice of all Ordinary and Extraordinary Meetings of the Council, and of all General (Standing) and Special Committees shall be given in writing and delivered by hand to each Councillor not less than three (3) days prior to the Meeting.

 

(2)      Notice of less than three (3) days may be given of an Extraordinary Meeting called in an emergency.

 

(3)      A notice under this section, and the agenda for, and the business papers relating to the meeting may be given to a Councillor in electronic form but only if all Councillors have facilities to access the notice and the agenda and business paper in that form.

 

(4)      Proceedings at a meeting of Council or a Committee are not invalidated because of a failure to give notice of the meeting to any Councillor or Committee member.

 

PART 3 - BUSINESS PAPERS FOR MEETINGS

 

9.         Business Papers for Council Meetings

(1)      The General Manager must ensure that the agenda for a meeting of Council states:

 

(a)      all matters to be dealt with arising out of the proceedings of former meetings of Council; and

 

(a)      if the Mayor is the Chairperson - any matter or topic that the Chairperson proposes, at the time when the agenda is prepared to put to the meeting and before the meeting without notice; and

 

(b)      any business of which due notice has been given, subject to sub-Clause 2 of Clause 9 of this Code.

 

(2)      The General Manager must not include in the agenda for a meeting of the Council any business of which due notice has been given if, in the opinion of the General Manager, the business is (or the implementation of the business would be) unlawful.  The General Manager must report (without giving details of the item of business) any such exclusion to the next meeting of the Council.

 

(3)      The General Manager must cause the agenda for a meeting of Council or a Committee to be prepared as soon as practicable before the meeting.

 

(4)      The General Manager must ensure that the details of any item of business to which Section 9(2A) of the Act applies are included in a business paper for the meeting concerned.

 

(5)      Copies of agendas and business papers for Council and Committee meetings (not being confidential business papers) will be available at Council's offices and at each meeting, for inspection or taking away by any persons free of charge. Copies of business papers will also be available for inspection at the Bowen, Randwick & Matraville Libraries and a copy of the agenda for the meeting will be available for viewing and downloading from Council’s website (www.randwick.nsw.gov.au). The copies are to be available to the public as nearly as possible to the time they are available to Councillors.

 

10.      Business Papers for Extraordinary Meetings

 (1)     The General Manager must ensure that the agenda for an Extraordinary Meeting of Council deals only with matters stated in the notice of the meeting.

 

(2)      Despite Sub-Clause (1), business may be transacted at an Extraordinary Meeting of a Council even though due notice of the business has not been given to the Councillors. However, this can happen only if:

 

(a)      a motion is passed to have the business transacted at the meeting; and

 

(b)      the business proposed to be brought forward is ruled by the Chairperson to be of great urgency.

 

Such a motion can be moved without notice but only after the business notified in the agenda for the meeting has been disposed of.

 

(3)      Despite Clause 250 of the Regulation, only the mover of a motion referred to in Sub-Clause (2) can speak to the motion before it is put.

 

11.      Items for Agenda

 

Closing Times

(1)      Notices of Motions for Council Meetings

All Notices of Motion and all items intended for inclusion in the Agenda for consideration at any Meeting of the Council shall be delivered to, or sent by post, facsimile or e-mail, so as to reach, the General Manager in accordance with the following schedule:

 

(a)      Ordinary Meetings of the Council - Not later than 12.00 noon on Monday in the week preceding the meeting (ie. One week and one day prior to the meeting).

 

(b)      Extraordinary Meetings of the Council - Not later than 12 noon on the fourth (4th) day prior to the day of the Extraordinary Meeting, except where the Mayor, in accordance with Section 367(2) of the Act, deems there to be an urgent need for an Extraordinary Meeting.

 

(2)      Meeting reports and distribution of agendas

Agenda reports for Ordinary Council Meetings, Administration & Finance Committee, the Community Services Committee, the Environment Committee, the Works Committee and the Planning Committee are to be with the Administration Division by 12 noon on the Thursday twelve (12) days before each meeting for release to Councillors and interested persons, where possible, on the Tuesday, one (1) week before  meetings, with all applicants and objectors advised, where possible, on the Tuesday, one week before the meeting that would be considering their matter. 

 

[Note: Minimum notice requirements are set out in Clause 8 of this Code] 

 


(3)  Late Items

As circumstances necessitate, reports not listed for consideration on the Business Paper may be tabled at an Ordinary Meeting.  The General Manager is authorised to submit late agenda items. 

 

Late reports should only be brought forward in the case of necessity and are to be forwarded to Councillors via email as well as facsimile no later than midday on the day prior to the meeting at which the item is to be considered.

 

For matters not listed on the Agenda of meetings and where less than three (3) days notice has been provided in accordance with Clause 8 of this Code, a motion of urgency will need to be passed by the Council

 

prior to the matter being considered.  The Motion of Urgency is to include the reason why the matter is considered to be urgent.  

 

(4)  Requested Items

(i)       That Councillors requesting that an item, which is to be dealt with under delegated authority, be brought to Council for consideration, do so in writing, signed by at least three (3) Councillors, to the General Manager, OR items, which are to be dealt with under delegation, and which have not been the subject of a request to be brought before Council by at least three (3) Councillors, and for which the General Manager considers that compelling exception circumstances exist, he may bring such matters before Council.  Such requests shall be delivered to, or sent by post, facsimile or e-mail, so as to reach, the General Manager not later than 12.00 noon on Monday in the week preceding the meeting (ie. One week and one day prior to the meeting).

 

(ii)      However, sub-Clause (i) specifically excludes:

·         the call up of Part 4A certificates, complying development certificates and building certificates under the Environmental Planning and Assessment Act 1979; and

·         the call up of a development application on the sole basis of  a residential car parking space where the space does not comply with Australian Standard AS 2890.1 Parking Facilities or has a length of at least 5 metres, whichever is lesser.

 

12.      Lodgement of Motions Pursuant to Notice (see Clause 11 for timeframes)

(1)      Form giving Motions Pursuant to Notice

That every Motion Pursuant to Notice relating to any new subject, or matter not already before the Council shall distinctly state the precise object proposed, be duly signed by the member of the Council giving the Notice and be submitted to the General Manager in accordance with Clause 11 of this Code.

 

(2)      Order of Motions Pursuant to Notice

That all Motions Pursuant to Notice shall be dated and numbered as received and shall be entered by the General Manager upon the Business Paper in the order in which they are received and, except upon resolution of the Council, all such Motions Pursuant to Notice shall be taken and considered in the order in which they appear on the Business Paper.

 

(3)      Notice of Rescission Motion

That where relevant, every Notice of Motion to Rescind, duly given in accordance with the provisions of the Local Government Act or Regulations and submitted to the General Manager in accordance with this Code and not already dealt with by the Council, shall include, as a separate item, Notice of any Motion proposed to be brought forward subsequent upon the Motion of Motion to Rescind being carried by the Council (see also Clauses 43 of this Code).

 


PART 4 - ATTENDANCE AT COUNCIL MEETINGS

                               

13.      What is the Quorum for a Meeting?

The quorum for a meeting of the Council is a majority of the Councillors of the Council who hold office for the time being and are not suspended from office.

 

(Randwick City Council has fifteen (15) Councillors.  A quorum is eight (8) Councillors.)

 

14.      What happens when a quorum is not present?

(1)      A meeting of Council must be adjourned if a quorum (see definition at Clause 13 of this Code) is not present:

 

(a)      within half an hour after the time designated for the holding of the meeting; or

 

(b)      at any time during the meeting.

 

(2)      In either case, the meeting must be adjourned to a time, date and place fixed:

 

(a)      by the Chairperson; or

 

(b)      in his or her absence - by the majority of the Councillors present; or

 

(c)      failing that, by the General Manager.

 

(3)      The General Manager must record in Council's Minutes the circumstances relating to the absence of a quorum (including the reasons for the absence of a quorum) at or arising during a meeting of Council, together with the names of the Councillors present.

 

15.      Presence at Council Meetings

A Councillor cannot participate in a meeting of Council unless personally present at the meeting.

 

In the event that a Councillor is physically within the Council Chamber, the Councillor is taken to be present at the meeting. 

 

Protocol requires Councillors present at the meeting to be seated at the Council meeting table while the meeting is in progress.

 

16.      Departure from Council Meetings

(i)       Councillors are required, on proposing to retire from a meeting of the Council for the remainder of that meeting, to give prior notice of the intended departure to the Chairperson.

 

(ii)      Prior to leaving their seat at a meeting of the Council, Councillors are required to seek permission of the Chairperson.

 

17.      Who is entitled to attend meetings?

(1)      Except as provided by this part:

 

(a)      Everyone is entitled to attend a meeting of the Council and those of its Committees of which all the members are Councillors; and

 

(b)      Council must ensure that all meetings of the Council and of such Committees are open to the public.

 

(2)      However, a person (whether a Councillor or another person) is not entitled to be present at a meeting of the Council or of such a Committee if expelled from the meeting:

 

(a)      by a resolution of the meeting, or

 

(b)      by the person presiding at the meeting of the Council has, by resolution, authorised the person presiding to exercise the power of expulsion.

 

(3)      A person may be expelled from a meeting only on the grounds specified in, or in the circumstances prescribed by, the Regulations.

 

17A.    Which parts of a meeting can be closed to the public?

(1)      A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:

 

(a)      the discussion of any of the matters listed in Sub-Clause (2) below, or

(b)      the receipt or discussion of any of the information so listed.

 

(2)      The matters and information are the following:

 

(a)      personnel matters concerning particular individuals (other than Councillors),

(b)      the personal hardship of any resident or ratepayer,

(c)      information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business,

(d)      commercial information of a confidential nature that would, if disclosed:

i.     prejudice the commercial position of the person who supplied it, or

ii.    confer a commercial advantage on a competitor of the Council, or

iii.    reveal a trade secret,

(e)      information that would, if disclosed, prejudice the maintenance of law,

(f)      matters affecting the security of the Council, Councillors, Council staff or Council property,

(g)      advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege,

(h)      information concerning the nature and location of a place or an item of Aboriginal significance on community land.

 

(3)      A Council, or a Committee of the Council of which all the members are Councillors, may also close to the public so much of its meeting as comprises a motion to close another part of the meeting to the public.

 

(4)      Members of the public may be allowed to make representations to or at a Council or Committee meeting for a period of up to three (3) minutes, immediately after the motion to close the part of the meeting

 

(5)      is moved and seconded, as to whether that part of the meeting should be closed at the discretion of the Council. 

 

17B.    Further limitations relating to closure of parts of meeting to public

(1)      A meeting is not to remain closed during the discussion of anything referred to in Section 10A(2) of the Act:

 

(a)      except for so much of the discussion as is necessary to preserve the relevant confidentiality, privilege or security, and

 

(b)      if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret unless the Council or Committee concerned is satisfied that discussion of the matter in an open meeting would, on balance, be contrary to the public interest.

 

(2)      A meeting is not to be closed during the receipt and consideration of information or advice referred to in Section 10A(2)(g) of the Act unless the advice concerns legal matters that:

 

(a)      are substantial issues relating to a matter in which the Council or Committee is involved, and

 

(b)      are clearly identified in the advice, and

 

(c)      are fully discussed in that advice.

 

(3)      If a meeting is closed during the discussion of a motion to close another part of the meeting to the public (as referred to in Section 10A(3) of the Act), the consideration of the motion must not include any consideration of the matter or information to be discussed in that other part of the meeting (other than consideration of whether the matter concerned is a matter referred to in

Section 10A(2) of the Act).

 

(4)      For the purposes of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, it is irrelevant that:

 

(a)      a person may misinterpret or misunderstand the discussion, or

 

(b)      the discussion of the matter may:

 

i.        cause embarrassment to the Council or Committee concerned, or to Councillors or to employees of the Council, or

 

ii.       cause a loss of confidence in the Council or Committee.

 

(5)      In deciding whether part of a meeting is to be closed to the public, the Council or Committee concerned must have regard to any relevant guidelines issued by the Director-General of the Department of Local Government.

 

17C.    Notice of likelihood of closure not required in urgent cases

Part of a meeting of a Council, or of a Committee of the Council of which all the members are Councillors, may be closed to the public while the Council or Committee considers a matter that has not been identified in the agenda for the meeting as a matter that is likely to be considered when the meeting is closed, but only if:

 

(a)      it becomes apparent during the discussion of a particular matter that the matter is a matter referred to in Section 10A(2) of the Act, and

 

(b)      the Council or Committee, after considering any representations made under Section 10A(4) of the Act, resolves that further discussion of the matter:

 

i.        should not be deferred (because of the urgency of the matter), and

 

ii.       should take place in a part of the meeting that is closed to the public.

 

17D.    Grounds for closing part of meeting to be specified

(1)      The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.

 

(2)      The grounds must specify the following:

 

(a)      the relevant provision of Section 10A(2) of the Act,

 

(b)      the matter that is to be discussed during the closed part of the meeting,

 

(c)      the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

 

17E.    Disclosure of Information at closed meetings

If a meeting or part of a meeting of Council is closed to the public in accordance with Section 10A(1) of the Act, a person must not without the authority of Council disclose otherwise than to Council or to a Councillor information with respect to the discussion at or the business of the meeting.

 

17F.  Resolutions passed at closed meetings to be made public

If a Council passes a resolution during a meeting, or part of a meeting, that is closed to the public, the chairperson must make the resolution public as soon as practicable after the meeting or part of the meeting has ended.

 

18.      Attendance of General Manager at Meetings

(a)      The General Manager is entitled to attend, but not to vote at, any meeting of Council or any meeting of a Committee of Council of which all the members are Councillors.

 

(2)      The General Manager is entitled to attend a meeting of any other Committee of Council and may, if a member of the Committee, exercise a vote.

 

(3)      However, the General Manager may be excluded from a meeting of Council or a Committee while Council or a Committee deals with a matter relating to the standard of performance of the General Manager or the terms of the employment of the General Manager.

 

PART 5 - PROCEDURE FOR THE CONDUCT OF COUNCIL MEETINGS

 

19.      Who presides at meetings of Council?

(1)      The Mayor or, at the request of or in the absence of the Mayor, the Deputy Mayor (if any), presides at meetings of Council.

 

(2)      If the Mayor and the Deputy Mayor (if any) are absent, a Councillor elected to chair the meeting by the Councillors present presides at the meeting of Council.

 

(3)      If no Chairperson is present at the meeting of Council at the time designated for the holding of the meeting, the first business of the meeting must be the election of a Chairperson to preside at the meeting.

 

(4)      The election must be conducted:

 

(a)      by the General Manager or, in his or her absence, an employee of Council designated by the General Manager to conduct the election; or

 

(b)      if neither of them is present at the meeting or there is no General Manager or designated employee - by the person who called the meeting or a person acting on his or her behalf.

 

20.      Chairperson to have precedence

(1)      When the Mayor enters the Council Chamber to convene a meeting of the Council, all persons in the Council Chamber must stand.

 

When the Chairperson rises or speaks during a meeting of Council:

 

(a)      any Councillor then speaking or seeking to speak must immediately resume his or her seat and be silent to enable the Chairperson to be heard without interruption; and

 

(b)      every Councillor present must be silent to enable the Chairperson to be heard without interruption.

 

(c)      any Councillor wishing to move or amend a motion or speak to a motion or address the meeting of the Council in any way shall stand and direct all matters to the Chairperson.

 

(d)      any contravention of this Sub-Clause shall constitute an Act of Disorder.

 

21.      Chairperson's duty with respect to motions

(1)      It is the duty of the Chairperson at a meeting of Council to receive and put to the meeting any lawful motion that is brought before the meeting.

 

(2)      The Chairperson must rule out of order any motion that is unlawful or the implementation of which would be unlawful.

 

(3)      Subject to Clause 33 of this Code, any motion, amendment or other matter that the Chairperson has ruled out of order is taken to have been rejected.

 

(4)      The Chairperson of a Committee or Council Meeting is required to verbally nominate:

 

(a)      the names of the respective Councillors moving and seconding all motions and amendments; and

 

(b)      with respect to divisions, the names of the Councillors who voted for the motion and those who voted against. 

 

22.      Order of business

(1)      Ordinary Council meetings shall proceed according to the following order of business:

 

(i)       Prayer & acknowledgement of local indigenous people

(ii)      Apologies/Granting of leave of absences

(iii)     Confirmation of the Minutes

(iv)     Declaration of Pecuniary & Non-Pecuniary Interests

(v)      Addressing of Council by Members of the Public

(vi)     Mayoral Minutes

(vii)    Urgent Business

(viii)    Reports of Committees of the Council

(ix)     City Planning Reports

(x)      General Managers Reports

(xi)     City Services Reports

(xii)     Governance and Financial Services Reports

(xiii)    Petitions

(xiv)    Motions Pursuant to Notice

(xv)    Closed Session (Confidential Items)

(xvi)    Notices of Rescission Motions.

 

(2)      Business at Council and Council Committee Meetings will be transacted in the order in which it appears on the Agenda of the Business Paper for the meeting. 

 

(3)      The order of business fixed under Sub-Clause (1) may, however, be altered if a motion to that effect is carried.  Such a motion can be moved without notice.

 

(4)      As provided by Clause 239(3) of the Local Government (General) Regulation only the Mover of a Motion to alter the Order of Business may speak to the Motion before it is put.

 

23.      Giving notice of business

(1)      Council must not transact business at a meeting of the Council unless:

 

(a)      notice of the business has been sent to the Councillors in accordance with Clause 8 of this Code.

 

(b)      a Councillor has given notice of the business in accordance with Clauses 11 & 12 of this Code.

 

(2)      Sub-Clause (1) above does not apply to the consideration of business at a meeting if the business:

 

(a)      is already before, or directly relates to a matter that is already before, the Council; or

 

(b)      is the election of a Chairperson to preside at the meeting as provided for by Clause 236(1) of the Regulation; or

 

(c)      is a matter or topic put to the meeting by the Chairperson in accordance with Clause 243 of the Regulation; or

 

(d)      is a motion for the adoption of recommendations of a Committee of the Council.

 

(3)      Despite Sub-Clause (1) above, business may be transacted at a meeting of Council when due notice of the business has not been given to Councillors, only if:

 

(a)      a motion (which may be moved without notice) is passed to have the business transacted at the meeting; and

 

(b)      the business proposed to be brought forward is ruled by the chairperson to be of great urgency.

 

                   (c)      in respect to Rescission Motions, the following procedure may be invoked when appropriate:

 

                             the Mayor, the Deputy Mayor or Councillor presiding at the meeting may, on the motion of another Councillor to consider the Rescission Motion(s) as a matter of great urgency, rule that the matter is of great urgency and if the motion is passed, the Rescission Motion(s) will be transacted at that meeting.

 

(4)      Despite Clause 37 of this Code, only the mover of a motion referred to in Sub-Clause (3) above can speak to the motion before it is put.