THESE MINUTES ARE DRAFT UNTIL CONFIRMED AT THE NEXT MONTHLY MEETING OF THIS COUNCIL AND/OR COMMITTEE

 

MINUTES OF Ordinary Council Meeting of the

Council of the City of Randwick HELD ON

Tuesday, 11 December 2012 AT 6.11pm

 

Present:

 

The Mayor, Councillor T Bowen (Chairperson) (East Ward)

 

Councillor N D’Souza (Deputy Mayor) (South Ward)

 

North Ward                                           -   Councillors K Neilson, L Shurey & K Smith

                                                             

South Ward                                          -   Councillors R Belleli & P Garcia

 

East Ward                                            -   Councillors M Matson & B Roberts

 

West Ward                                           -   Councillors G Moore, S Nash & H Stavrinos

 

Central Ward                                        -   Councillors A Andrews, T Seng &

                                                              G Stevenson

 

Officers Present:

 

General Manager                                             Mr R Brownlee

Director City Services                                      Mr J Frangoples

Director City Planning                                       Ms S Truuvert

Director Governance & Financial Services             Mr G Banting

Manager Administrative Services                        Mr D Kelly

Manager Development Assessment                     Mr K Kyriacou

Communications Manager                                  Mr J Hay

Manager Corporate Improvement                        Ms A Warner

 

Prayer & Acknowledgement of Local Indigenous People

 

The Council Prayer was read by Cr Moore. The Acknowledgement of Local Indigenous People was read by Cr Stavrinos.

 

Apologies/Granting of Leave of Absences

 

Nil

 

Confirmation of the Minutes

 

Confirmation of the Minutes of the Ordinary Council Meeting held on Tuesday 27 November 2012

325/12

RESOLUTION: (Belleli/Andrews) that the Minutes of the Ordinary Council Meeting held on Tuesday 27 November 2012 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of that meeting.

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

(a)    Cr Smith declared a pecuniary interest in Item GM42/12 as his employer has a         business relationship with the subject site. Cr Smith will be taking no part in the         debate or voting on this matter.

(b)    All Councillors declared a non significant non pecuniary interest in Item         NM83/12 as they are members of clubs in the Randwick City area.

(c)    Cr Matson declared a non significant non pecuniary interest in Item CP106/12 as         he has friends living in this street.

(d)    Cr Shurey declared a non significant non pecuniary interest in Items CP104/12         and CP105/12 as she knows people living in the vicinity of these sites.

(e)    Cr Neilson declared a non significant non pecuniary interest in Item NM91/12 as         she knows the speaker on this matter.

(f)    Cr Neilson declared a significant non pecuniary interest in Item CP106/12 as she         was an executive member of the Randwick Precinct Committee which made         submissions on this matter. Cr Neilson will be taking no part in the debate or         voting on this matter.

(g)    Cr Neilson declared a non significant non pecuniary interest in Item GM42/12 as         she is a member of this club.

(h)    Cr Garcia declared a pecuniary interest in Item NM81/12 as his parents live in         the vicinity of this development. Cr Garcia will be taking no part in the debate or         voting on this matter.

(i)     The Mayor, Cr Bowen declared a significant non pecuniary interest in Item         NM83/12 as he is a Director of an amalgamated club in the area. The Mayor will         be taking no part in the debate or voting on this matter

(j)    The Mayor, Cr Bowen declared a non significant non pecuniary interest in Item         NM91/12 as he knows one of the speakers.

(k)    All Labor Councillors declared a non significant non pecuniary interest in Item         NM80/12 as a number of persons identified in this matter are known to them.

(l)     All JRPP members and alternate delegates declared a non significant pecuniary         interest in Item NM87/12 as this matter deals with the JRPP process.

(m)   All JRPP members and alternate delegates declared a significant no pecuniary         interest in Item MM95/12 and did not take part in the debate or voting on the         matter.

(n)    The Mayor, Cr Bowen declared a non significant non pecuniary interest in Item         NM79/12 as he knows the speaker.

(o)    Cr Garcia declared a pecuniary interest in Items CP104/12 and CP105/12as his         parents live in the vicinity of these developments. Cr Garcia will be taking no         part in the debate or voting on this matter.

(p)    Cr Andrews declared a significant non pecuniary interest in Item NM83/12 as he         is a Director of a Club. Cr Andrews will be taking no part in the debate or voting         on this matter.

 

Address of Council by Members of the Public

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

CP103/12   34 Carrington Road, Randwick (DA/407/2012)

 

Objector             Christine Pearson - Objector

 

Applicant           Allan Smith - Applicant

 

 

CP104/12   131 Botany Street, Randwick (DA/268/2012)

 

Objector             Kylie Mills - Objector

 

Applicant           Anthony Betros for the applicant

 

CP105/12   129 Botany Street, Randwick (DA/266/2012)

 

Objector             Kylie Mills - Objector

 

Applicant           Anthony Betros for the applicant

 

CP106/12   95 Wentworth Street, Randwick (DA/381/2012)

 

Objector             Belinda White - objector

 

Applicant           James Harrison - on behalf of the applicant

 

NM79/12    Notice of Motion from Cr Nash - Kingsford Town Centre Strategy

 

For                      John Johnson

 

NM91/12    Notice of Motion from Cr NEILSON – INSTALLATION OF TEMPORARY TOILET FACILITIES AT DUNNINGHAM RESERVE

 

For                      Wendy Cruickshank

 

The meeting was adjourned at 7.07pm and was resumed at 7.23pm.

 

Mayoral Minutes

 

MM93/12  Mayoral Minute - Surfing NSW Pictorial Surfing History of Maroubra Beach - Request for Financial Assistance (F2012/06574)

326/12

RESOLUTION: (Mayor, Cr T Bowen) that Council:

 

a)     contribute $3,000.00 to Surfing NSW for the production of “Maroubra The Golden Age”, a pictorial surfing history 1958-1985 on Maroubra Beach with funds to be charged to the 2012-13 Contingency Fund;

 

b)     advise Surfing NSW to appropriately and prominently acknowledge and promote Council’s contribution to the production of the pictorial surfing history; and

 

c)     the Mayor or his representative be given the opportunity to address the participants at the book launch on behalf of Council.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

 

 

MM94/12  Mayoral Minute - Local Government Chief Officer's Group Meeting (F2008/00390)

327/12

RESOLUTION: (Mayor, Cr T Bowen) that Council note the General Manager’s attendance at the annual conference of the Local Government Chief Executive Officers’ Group to be held in Whangarei Kaipara District Council, New Zealand from 6 to 8 March 2013.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

 

 

 

MM95/12  Mayoral Minute - JRPP Approval to Place Inglis Site Rezoning on Public Exhibition (F2008/00390)

 

 

 

328/12

Note: Having declared an interest, Councillors Garcia, Moore and Matson left the Chamber and took no part in the debate or voting on this matter.

 

RESOLUTION: (Mayor, Cr T Bowen) that:

 

a)    Council call on the State Government to hold a public hearing on the proposal to rezone the Inglis stableyards site on Barker Street, Randwick to allow up to nine storeys. If the State Government refuses to hold a public hearing then Council will hold a public meeting on this matter; and

 

b)    Council recognises it is much better placed to consult with it’s residents and hold a public meeting on the proposal to rezone the Inglis stableyard site on Barker Street, Randwick to allow up to nine storeys.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

 

 

MM96/12  Mayoral Minute - St Brigid's College Randwick - Request for Financial Assistance (F2012/06574)

329/12

RESOLUTION: (Mayor, Cr T Bowen) that Council fund the cost of the purchase and installation of a flag pole for St Brigid’s School, Coogee for the purpose of flying the Aboriginal flag, up to the amount of $1,400.00, and that this cost be funded from the 2012-13 Contingency Fund.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

 

 

MM97/12  Mayoral Minute - Request for Donation from Youth Link, Australia (F2004/07396)

330/12

RESOLUTION: (Mayor, Cr T Bowen) that the Council make a one-off donation of $40.00 to Youth Link Australia.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

 

 

MM98/12  Mayoral Minute - Randwick Public School - Request for Financial Assistance (F2012/06574)

331/12

RESOLUTION: (Mayor, Cr T Bowen) that Council fund the cost of the purchase and installation of five bike racks at Randwick Public School, up to the amount of $3,500.00, and that this cost be funded from the 2012-13 Contingency Fund.

 

MOTION: (Mayor, Cr T Bowen) CARRIED - SEE RESOLUTION.

 

Note: The Mayor tabled a Certificate of Appreciation for Council from the Eastern Suburbs National Servicemen’s Association in recognition of our ongoing support.

 

Urgent Business

Nil.

 

Director City Planning Reports

 

CP103/12 Director City Planning Report - 34 Carrington Road, Randwick (DA/407/2012)

332/12

RESOLUTION: (Andrews/Nash) that Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 407/2012 for alterations and additions to the dwelling, including a new garage with attic at 34 Carrington Road, Randwick subject to the following conditions:

 

GENERAL CONDITIONS

The development must be carried out in accordance with the following conditions of consent.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of environmental amenity.

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

Plan

Drawn by

Dated

Sheet 1

Peter Banfield

12/9/2012

Sheet 2

Peter Banfield

12/9/2012

 

BASIX Certificate

No.

Dated

 

A140955

18 June 2012

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

The following conditions of consent must be complied with before a ‘Construction Certificate’ is issued by either Randwick City Council or an Accredited Certifier.  All necessary information to demonstrate compliance with the following conditions of consent must be included in the documentation for the construction certificate.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent conditions and to achieve reasonable levels of environmental amenity.

Consent Requirements

2.       The requirements and amendments detailed in the ‘General Conditions’ must be complied with and be included in the construction certificate plans and associated documentation.

 

3.       The rear upper floor balcony at first floor level must be reduced in depth to a maximum of 300mm. Details to be provided with the construction certificate application.

 

3A.     The height of the proposed rear addition to the existing dwelling house must be reduced in height by 300mm so that its maximum height does not exceed RL 104.97.

 

 

External Colours, Materials & Finishes    

4.       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 Manager Development Assessments prior to issuing a construction certificate for the development. The rear addition to the existing dwelling house shall have a rendered finish and be coloured with a light tone to maximise the level of reflected daylight to the adjoining premises.

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $320,000, the following applicable monetary levy must be paid to Council: $3,200.00.

       

The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate [or subdivision 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.

 

Long Service Levy Payments

6.       The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, must be forwarded to the Long Service Levy Corporation or the Council, 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.

 

Security Deposit

7.       The following damage / civil works security deposit requirement must be complied with as security for making good any damage caused to the roadway, footway, verge or any public place; and as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

·           $600.00     -      Damage / Civil Works Security Deposit

 

The damage/civil works security deposit may be provided by way of a cash, cheque or credit card payment and is refundable upon a satisfactory inspection by Council upon the completion of the civil works which confirms that there has been no damage to Council's infrastructure.

 

The owner/builder is also requested 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.

 

To obtain a refund of relevant deposits, a Security Deposit Refund Form is to be forwarded to Council’s Director of City Services upon issuing of an occupation certificate or completion of the civil works.

 

Design Alignment levels

8.       The design alignment level (the finished level of concrete, paving or the like) at the property boundary for driveways, access ramps and pathways or the like, shall be:

 

·        60-100mm above the edge of the bitumen roadway at all points opposite, along the full site frontage in Hooper Lane.

 

The design alignment levels at the property boundary as issued by Council and their relationship to the roadway 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.

 

Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0881.

 

9.       The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $135.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

Stormwater Drainage

10.     Surface water/stormwater (from the proposed garage and granny flat) must be drained and discharged to Hooper Lane or the street gutter on Carrington Road  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 or soaker wells should be located not less than 3m from any adjoining premises and the stormwater must not be directed to any adjoining premises or cause a nuisance.

 

Sydney Water

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

 

The approved plans must be submitted to a Sydney Water Quick Check agent, to determine whether the development will affect Sydney Water’s waste water 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 details please refer to the Sydney Water web site at www.sydneywater.com.au for:

 

·           Quick Check agents details -  see Building and Developing then Quick Check and

·           Guidelines for Building Over/Adjacent to Sydney Water Assets – see Building and Development then Building and Renovating, or telephone 13 20 92.

 

The Principal Certifying Authority must ensure that a Sydney Water Quick Check Agent has appropriately stamped the plans.

 

Protection of Street Tree

12.     In order to ensure retention of the recently planted Angophora costata (Sydney Red Gum) on Council’s Carrington Road footpath, centrally across the width of the site in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show its retention, with any excavations associated with the installation of new services, pipes, stormwater systems or similar over this frontage to be setback a minimum distance of 2 metres of its trunk.

 

b.       The applicant is not authorised to perform any works to this tree, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary, with the applicant required to cover all associated costs with such work, to Council’s satisfaction, prior to the issue of a Final Occupation Certificate.

 

c.       There is to be no storage of materials, machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble around its base, with all Site Management Plans needing to acknowledge these requirements.

 

Protection of neighbours trees

13.     In order to also ensure retention of the Jacaranda mimosifolia (Jacaranda) located in the rear yard of the adjoining property to the south, no.36, against the common boundary, and adjacent the southeast corner of the existing/proposed garage, as well as the Washingtonia robusta (Washingtonia Palm) also within no.36, further to the southwest in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the Construction Certificate application must show the retention of these neighbouring trees, with the position and diameter of both of their trunks and canopies to be clearly shown in relation to the works.

 

b.       The PCA/builder must ensure that removal of the existing concrete surfacing, within a radius of 1.5 metres of the trunk of the Jacaranda, is undertaken by hand, not machinery, to a minimum depth of 300mm, so as to avoid the indiscriminate damage of roots, with Council’s Landscape Development Officer (9399-0613) to be contacted (giving at least 2 working days notice) to inspect this work, prior to forming up or pouring the new slab.

 

c.       The builder/PCA must ensure that where any roots are encountered during the course of the approved works, they are cut cleanly by hand, with the affected area to be backfilled with clean site soil as soon as practically possible.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

The requirements contained in the following conditions of consent must be complied with and details of compliance must be included in the construction certificate for the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Councils development consent conditions and to achieve reasonable levels of environmental amenity.

 

Compliance with the Building Code of Australia

14.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).  Details of compliance with the BCA are to be included in the construction certificate application.

 

Smoke Alarms

15.     Smoke alarms are required to be installed in dwellings in accordance with the relevant provisions of the Building Code of Australia (volume 2), smoke alarms must comply with AS3786.  Smoke alarms must be connected to the consumer mains electric power supply and provided with a battery back-up.  Details of compliance are to be included in the construction certificate.

 

BASIX Requirements

16.     In accordance with section 80A(11) of the Environmental Planning & Assessment Act 1979 and clause 97A of the Environmental Planning & Assessment Regulation 2000, the requirements and commitments contained in the relevant BASIX Certificate must be complied with.

 

The required commitments listed and identified in the BASIX Certificate must be included on the construction certificate plans, specifications and associated documentation, 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.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’ (PCA), as applicable.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.

 

Certification, PCA & other Requirements

17.     Prior to the commencement of any building works, the following requirements must be complied with:

 

a)     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.

 

A copy of the construction certificate, the approved development consent plans and 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.

 

b)     a Principal Certifying Authority (PCA) must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and

 

c)     a principal contractor must be appointed for the building work, or in relation to residential building work, an owner-builder permit may be obtained in accordance with the requirements of the Home Building Act 1989, and the PCA and Council are to be notified accordingly; and

 

d)     the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

e)     at least two days notice must be given to the Council, in writing, prior to commencing any 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.

 

Home Building Act 1989

18.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, the requirements of the Home Building Act 1989 must be complied with.

 

Details of the Licensed Building Contractor and a copy of the relevant Certificate of Home Warranty Insurance or a copy of the Owner-Builder Permit (as applicable) must be provided to the Principal Certifying Authority and Council.

 

Dilapidation Reports

19.     A dilapidation report prepared by a professional engineer, building surveyor or other suitably qualified independent person must be submitted to the satisfaction of the Principal Certifying Authority prior to commencement of any demolition, excavation or building works, in the following cases:

 

·           excavations for new dwellings, additions to dwellings, swimming pools or the like which are proposed to be located within the zone of influence of the footings of any dwelling, associated garage or other substantial structure located upon an adjoining  premises,

·           new dwellings or additions to dwellings sited up to shared property boundaries (e.g.  additions to a semi-detached dwelling or terraced dwellings),

·           excavations for new dwellings, additions to dwellings, swimming pools or the like which are within rock and may result in vibration and or potential damage to any dwelling, associated garage or other substantial structure located upon an adjoining  premises,

·           as otherwise may be required by the Principal Certifying Authority.

 

The report (including photographs) are required to detail the current condition and status of any dwelling, associated garage or other substantial structure located upon the adjoining premises, which may be affected by the subject works.  A copy of the dilapidation report is to be given to the owners of the premises encompassed in the report/s before commencing any works.

 

Construction Site Management Plan

20.     A Construction Site Management Plan must be developed and implemented prior to the commencement of any works. The construction 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;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

The site management measures must be implemented prior to the commencement of any site works and be maintained throughout the works, to the satisfaction of Council.

 

A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council prior to commencing site works.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Public Utilities

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

 

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

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

The following conditions of consent must be complied with during the demolition, excavation and construction of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.

 

Inspections During Construction

23.     The building works must be inspected by the Principal Certifying Authority, 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 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).

 

Site Signage

24.     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,

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

 

Restriction on Working Hours

25.     Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

Demolition Work Requirements

26.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment, Climate Change & Water and Randwick City Council policies, including:

 

·            Work Health & Safety Act 2011 and Regulations

·            WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·            WorkCover NSW Guidelines and Codes of Practice

·            Australian Standard 2601 (2001) – Demolition of Structures

·            The Protection of the Environment Operations Act 1997 and Regulations

·            Relevant DECCW/EPA Guidelines

·            Randwick City Council Asbestos Policy

 

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.

 

Removal of Asbestos Materials

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

 

·        Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·        Randwick City Council’s Asbestos Policy

 

·        A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 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.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

 

·        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.

 

·        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 2005.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

 

·        A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. 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 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.

 

Sediment & Erosion Control

28.     Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.  Details are to be included in the Construction Site Management Plan.

 

Public Safety & Site Management

29.     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)     Public access to the building site and materials must be restricted by existing boundary fencing or temporary site fencing having a minimum height of 1.5m, to Council’s satisfaction.

 

Temporary site fences are required to be constructed of cyclone wire fencing material and be structurally adequate, safe and constructed in a professional manner.  The use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

b)     Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

c)     The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

 

d)     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.

 

e)     Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.

 

f)      Site fencing, building materials, bulk bins/waste containers and other articles 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 department.

 

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

 

Support of Adjoining Land, Excavations & Retaining Walls

30.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

31.     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 must 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.

 

Details of proposed retaining walls, shoring, piling or other measures are to be submitted to and approved by the Principal Certifying Authority.

 

Building Encroachments

32.     There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.

 

Road / Asset Opening Permit

33.     A Road / Asset Opening Permit must be obtained from Council prior to carrying out any works within or upon a road, footpath, nature strip or in any public place, in accordance with section 138 of the Roads Act 1993 and all of the conditions and requirements contained in the Road / Asset Opening Permit must be complied with.

 

The owner/builder must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate for the development.

 

For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

Tree Management

34.     Approval is granted for the removal of any existing vegetation within the site where necessary in order to accommodate the proposed works as shown, including the clump of Bouganvillea in the rear yard, in the southwest corner, so as to accommodate the proposed works as shown, as all were observed to be insignificant, and not covered by the provisions of Council’s Tree Preservation Order (TPO).

 

Pruning of neighbours tree

35.     Permission is also granted for the minimal and selective pruning of only those four, low-mid order branches from the northwest aspect of the Jacaranda mimosifolia (Jacaranda) which is growing in the rear yard of the adjoining property to the south, no.36, against the common boundary, only where they overhang the common boundary into the site and need to be pruned in order to avoid damage to the tree; or; interference with the works.

 

36.     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 ultimately, the ongoing health of this tree, the applicant must negotiate with the neighbour/tree owner for access to perform this work.

 

37.     All pruning must be undertaken by an Arborist who holds a minimum of AQF Level III in Arboriculture, and to the requirements of Australian Standard AS 4373-2007 'Pruning of Amenity Trees,’ and NSW Work Cover Code of Practice for the Amenity Tree Industry (1998).

 

38.     Prior to commencing these pruning works, the Arborist must contact Council’s Landscape Development Officer (9399-0613), giving at least working weeks notice, for the purpose of a joint site inspection to confirm the exact location and extent of pruning that is permitted by this consent.

 

Footings adjacent to drainage easements

39.     Any footings adjacent to the drainage easement/s must be inspected by the applicant's engineer to ensure that these footings are either founded on rock or extend below the "angle of repose”. Documentary evidence of compliance with this condition is to be submitted to certifying authority, prior to proceeding to the subsequent stages of construction.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.

 

Occupation Certificate Requirements

40.     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 relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

BASIX Requirements

41.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an 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 an Occupation Certificate.

 

Occupant Safety

42.     Openable windows to a room, corridor, stairway or the like with a floor level more than 4m above the external ground/surface level, must be designed and constructed to reduce the likelihood of a child accessing and falling through the window opening.

 

Options may include one or more of the following measures:

 

·           The window having a minimum sill height of 1.5m above the internal floor level,

·           Providing a window locking device at least 1.5m above the internal floor level,

·           Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum width of 125mm,

·           Installing a fixed heavy-duty gauge metal screen over the opening (excluding upon any front or street elevation of the building) e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material,

·           Other appropriate effective safety measures or barrier.

 

The relevant measures must be implemented prior to the issue of an occupation certificate.

 

Council’s Infrastructure, Vehicular Crossings, street verge

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

a.       Construct a concrete/asphalt vehicular crossing opposite the vehicular entrance to the site.

 

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

 

45.     All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council’s Policy for “Vehicular Access and Road and Drainage Works” and the following requirements: 

 

a)     All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

b)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to an occupation certificate being issued for the development, together with payment of the relevant fees.

 

c)     If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

d)     The civil works must be completed in accordance with Council’s conditions of consent and approved design and construction documentation, prior to occupation of the development, or as otherwise approved by Council in writing.

 

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health and environmental amenity.

 

External Lighting

46.     External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and Council’s policies.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

A1      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 requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2      Demolition, building or excavation work must not be commenced until;

 

§  A Construction Certificate has been obtained from Council or an Accredited Certifier

§  Council or an Accredited Certifier has been appointed as the Principal Certifying Authority for the development

§  Council and the Principal Certifying Authority have been given at least 2 days notice (in writing) prior to commencing any works.

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A4      Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

A5      A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team 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 or any other container or article.

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

A6      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the Certifying Authority.

 

A7      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A8      This consent 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 land owner or principal contractor must obtain:

 

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

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

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

§  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).

A9      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.

A10     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

MOTION: (Andrews/Nash) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

 

CP104/12 Director City Planning Report - 131 Botany Street, Randwick (DA/268/2012)

 

 

 

333/12

Note: Having previously declared an interest, Cr Garcia left the chamber taking no part in the debate or voting on the matter.

 

RESOLUTION: (Nash/Smith) that Council, as the consent authority, refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/268/2012 for alterations and additions to the existing building to provide for a 3 room boarding house with communal facilities at first floor, addition of lift and external access from Barker Street at 131 Botany Road, Randwick, for the following reasons:

 

1.       The application does not satisfy the objectives for Zone No. 2A stipulated under Clauses 10(1)(a), (b) and (c) of RLEP 1998 (Consolidation) in that the proposed building is monolithic in form with an inappropriate envelope and bulk, and that the development fails to deliver any landscape area  to the site. The development scheme will not be compatible with the desired residential character of the locality and will not protect the amenity of the existing residents.

 

2.       The proposed development does not comply with Clause 20E of the Randwick Local Environmental Plan 1998 which prescribes the minimum landscape area standard, and the SEPP No.1 Objection submitted in relation to this standard is not well founded as the proposed development will have no landscape area to address the excessive height, bulk and scale of the proposal and therefore  detracts from existing predominant character of the development in the local area; adversely and affect the visual amenity of the streetscape.

 

3.       The proposed development does not comply with Clause 20F of the Randwick Local Environmental Plan 1998 which prescribes the maximum floor space ratio standard, and the SEPP No.1 Objection submitted in relation to this standard is not well founded as the proposed development will have an excessive bulk and scale that detracts from existing predominant character of the development in the local area; adversely affect the visual amenity of the streetscape due to the non-compliant and excessive FSR.

 

4.       The proposal does not comply with the maximum external wall height standards stipulated under Clauses 20G(3) of RLEP 1998 (Consolidation) respectively, and no SEPP 1 Objection has been submitted to justify the deviation from the development standards.

 

5.       The form, massing and proportions of the boarding house are not considered to be compatible with the existing development pattern in the area and will dominate the adjoining and nearby residential buildings. The proposal will not contribute to a satisfactory architectural outcome and will adversely affect the character of the streetscape. Therefore, the proposal is not considered to satisfy the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

 

6.       The proposed development will result in detrimental visual and acoustic privacy impacts on the neighbouring residential buildings, and does not satisfy Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

 

7.       The proposal has not been designed to maximise the amenity of future dwellers within the proposed boarding house especially in relation to private open space, communal area, solar access and ventilation. Therefore, the proposal is not considered to satisfy Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

 

8.       The proposal is not within the public interest and does not satisfy Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

 

MOTION: (Andrews/Stavrinos) that the application be deferred to allow the applicant to submit amended plans. LOST.

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Bowen

Councillor Belleli

Councillor D'Souza

Councillor Roberts

Councillor Matson

Councillor Stavrinos

Councillor Moore

 

Councillor Nash

 

Councillor Neilson

 

Councillor Seng

 

Councillor Shurey

 

Councillor Smith

 

Councillor Stevenson

 

 

Total (4)

Total (10)

 

Motion: (Nash/Smith) CARRIED UNANIMOUSLY – SEE RESOLUTION.

 

 

 

CP105/12 Director City Planning Report - 129 Botany Street, Randwick (DA/266/2012)

 

 

 

334/12

Note: Having previously declared an interest, Cr Garcia left the chamber taking no part in the debate or voting on the matter.

 

RESOLUTION: (Nash/Smith) that Council, as the consent authority, refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/266/2012 for alterations and additions to the existing building to provide for a three room boarding house with communal facilities at first floor with external access at 129 Botany Road, Randwick, for the following reasons:

 

1.       The application does not satisfy the objectives for Zone No. 2A stipulated under Clauses 10(1)(a), (b) and (c) of RLEP 1998 (Consolidation) in that the proposed building is monolithic in form with an inappropriate envelope and bulk, and that the development fails to deliver any landscape area  to the site. The development scheme will not be compatible with the desired residential character of the locality and will not protect the amenity of the existing residents.

 

2.       The proposed development does not comply with Clause 20E of the Randwick Local Environmental Plan 1998 which prescribes the minimum landscape area standard, and the SEPP No.1 Objection submitted in relation to this standard is not well founded as the proposed development will have no landscape area to address the excessive height, bulk and scale of the proposal and therefore  detracts from existing predominant character of the development in the local area; adversely and affect the visual amenity of the streetscape.

 

3.       The proposed development does not comply with Clause 20F of the Randwick Local Environmental Plan 1998 which prescribes the maximum floor space ratio standard, and the SEPP No.1 Objection submitted in relation to this standard is not well founded as the proposed development will have an excessive bulk and scale that detracts from existing predominant character of the development in the local area; adversely affect the visual amenity of the streetscape due to the non-compliant and excessive FSR.

 

4.       The proposal does not comply with the maximum external wall height standards stipulated under Clauses 20G(3) of RLEP 1998 (Consolidation) respectively, and no SEPP 1 Objection has been submitted to justify the deviation from the development standards.

 

5.       The form, massing and proportions of the boarding house are not considered to be compatible with the existing development pattern in the area and will dominate the adjoining and nearby residential buildings. The proposal will not contribute to a satisfactory architectural outcome and will adversely affect the character of the streetscape. Therefore, the proposal is not considered to satisfy the provisions of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

 

6.       The proposed development will result in detrimental visual and acoustic privacy impacts on the neighbouring residential buildings, and does not satisfy Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

 

7.       The proposal has not been designed to maximise the amenity of future dwellers within the proposed boarding house especially in relation to private open space, communal area, solar access and ventilation. Therefore, the proposal is not considered to satisfy Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

 

8.      The proposal is not within the public interest and does not satisfy Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

 

MOTION: (Andrews/Stavrinos) that the application be deferred to allow the applicant to submit amended plans. LOST.

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Bowen

Councillor Belleli

Councillor D'Souza

Councillor Roberts

Councillor Matson

Councillor Stavrinos

Councillor Moore

 

Councillor Nash

 

Councillor Neilson

 

Councillor Seng

 

Councillor Shurey

 

Councillor Smith

 

Councillor Stevenson

 

 

Total (4)

Total (10)

 

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


 

 

CP106/12 Director City Planning Report - 95 Wentworth Street, Randwick (DA/381/2012)

 

 

 

335/12

Note: Having previously declared an interest, Cr Neilson left the Chamber and took no part in the debate or voting on this matter.

 

RESOLUTION: (Nash/Andrews) –

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 20E, 20F and 20G of Randwick Local Environmental Plan 1998, relating to landscaped area, floor space ratio and building height respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/381/2012 for demolition of all structures on site, construction of a part three (3), part two (2) storey multi-unit residential development in two (2) building forms with five (5) units, basement car parking for seven (7) vehicles and associated works, at No. 95 wnetworth Street, Randwick, subject to the following conditions:

 

GENERAL CONDITIONS

The development must be carried out in accordance with the following conditions of consent.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of environmental amenity.

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

Plan

Rev

Drawn by

Dated

Rec’d by Council

DA-01- Basement & Ground Floor

3

Nexus Architecture

2 Sept 2012

5 Oct 2012

DA-02- First & second floor plan

DA-03- Roof plan

DA-04- West & East elevations

DA-05- Sections & elevations

DA-06- Unit plans

2

30 Jan 2012

DA-08- External colours & facades detail sections

3

2 Sept 2012

DA-09- External colours & facades detail sections

DA-10- Construction detail

-

Landscaping Plan

B

Wendy Balafoutis Landscape design

Sept 2012

 

BASIX Certificate

No.

Dated

Received by Council

Multi Dwelling

231683M_03

16 March 2012

18 June 2012

 

Privacy measures

2.       Privacy measures shall be provided in accordance with the commitments detailed on the approved plans, unless amended by the following;

 

a.     North elevation:

·           Privacy screens proposed to first and second floor level windows of the Wentworth Street building shall be constructed to full height, with fixed louvers that are positioned and spaced effectively restrict viewing into the south facing windows of 93 Wentworth Street.

 

·           The proposed privacy screens attached to the northern elevations of the first and second floor balconies of the Wentworth Street building, shall have a height of not less than 1700mm as measured from the finished floor level, and be constructed with permanently fixed vertical louvers that positioned and spaced to restrict viewing into the windows of No. 93 Wentworth Street.

 

Details demonstrating compliance shall be incorporated in the Construction Certificate documentation.

 

b.     South elevation:

·           A full-height fixed privacy screen shall be installed on the southern elevation of the stairwell of the Wentworth Street building at first and second levels. The screen shall be constructed with fixed louvers that positioned and spaced to effectively restrict viewing into the north facing windows of No. 97-99 Wentworth Street.

 

Details demonstrating compliance shall be incorporated in the Construction Certificate documentation.

 

c.     East elevation:

·           Balcony balustrades facing Waverley Street shall be constructed of obscure/opaque glass to minimise overlooking toward the residential properties to the east of the site.

 

·           The proposed highlight windows corresponding to bedrooms of the Wentworth Street building shall be raised to a sill height of not less than 1500mm from floor level, to prevent cross viewing between the proposed buildings.

 

·           The proposed sliding louvered shutters attached to the first floor openings of the Waverley Street building, shall be operable and cover the full height of the opening.

 

Details demonstrating compliance shall be incorporated in the Construction Certificate documentation.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

The following conditions of consent must be complied with before a ‘Construction Certificate’ is issued by either an Accredited Certifier or Randwick City Council.  All necessary information to demonstrate compliance with the following conditions of consent must be included in the documentation for the construction certificate.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent conditions and to achieve reasonable levels of environmental amenity.

 

Consent Requirements

3.       The requirements and amendments detailed in the ‘General Conditions’ must be complied with and be included in the construction certificate plans and associated documentation.

 

External Colours, Materials & Finishes

4.       The colours, materials and surface finishes to the development must be consistent with the relevant plans, documentation and colour schedules provided with the development application.

 

Amendment of Plans & Documentation

5.       The approved plans and documents must be amended in accordance with the following requirements and details are to be included in the Construction Certificate:

 

a)       Ceiling fans shall be indicated on the plans for all bedrooms throughout the development and submitted to the satisfaction of the Principal Certifying Authority, prior to the issue of construction certificate for the development.

 

Section 94A Development Contributions

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $13,280.00, the following applicable monetary levy must be paid to Council: $13,280.

       

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.

 

Long Service Levy Payments

7.       The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, must be forwarded to the Long Service Levy Corporation or the Council, 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.

 

Sydney Water Requirements

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

 

The approved plans must be submitted to a Sydney Water Quick Check agent, to determine whether the development will affect Sydney Water’s waste water 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 details please refer to the Sydney Water web site at www.sydneywater.com.au for:

 

·           Quick Check agents details -  see Building and Developing then Quick Check and

·           Guidelines for Building Over/Adjacent to Sydney Water Assets – see Building and Development then Building and Renovating, or telephone 13 20 92.

 

The Principal Certifying Authority must ensure that a Sydney Water Quick Check Agent has appropriately stamped the plans prior to issuing the construction certificate.

 

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

 

Security Deposit

9.       The following damage / civil works security deposit requirement must be complied with, as security for making good any damage caused to the roadway, footway, verge or any public place; and as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

·           $5000.00    -      Damage / Civil Works Security Deposit

 

The damage/civil works security deposit may be provided by way of a cash, cheque or credit card payment and is refundable upon a satisfactory inspection by Council upon the completion of the civil works which confirms that there has been no damage to Council's infrastructure.

 

The owner/builder is also requested 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.

 

To obtain a refund of relevant deposits, a Security Deposit Refund Form is to be forwarded to Council’s Director of City Services upon issuing of an occupation certificate or completion of the civil works.

 

Electricity Substation

10.     The applicant must liaise with Ausgrid prior to obtaining a construction certificate (for any above ground works), to determine whether or not an electricity substation is required for the development. Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on relevant construction certificate and landscape plans.

 

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

 

The approved plans must be submitted to a Sydney Water Quick Check agent, to determine whether the development will affect Sydney Water’s waste water 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 details please refer to the Sydney Water web site at www.sydneywater.com.au for:

 

·           Quick Check agents details -  see Building and Developing then Quick Check and

·           Guidelines for Building Over/Adjacent to Sydney Water Assets – see Building and Development then Building and Renovating, or telephone 13 20 92.

 

The Principal Certifying Authority must ensure that a Sydney Water Quick Check Agent has appropriately stamped the plans.

 

            New Street Tree

12.     The applicant shall submit a total payment of $107.25 (including GST), being the cost for Council to supply and install 1 x 25 litre street tree, Pistacia chinensis (Chinese Pistachio), on the Wentworth Street verge, an equal distance between the proposed vehicle crossing and southern site boundary.

 

The contribution shall be paid into Tree Amenity Income account at the Cashier on the Ground Floor of the Administrative Centre, prior to a Construction Certificate being issued for the development.

 

The applicant must contact Council’s Landscape Development Officer on 9399-0613 (quoting the receipt number), and giving at least four working weeks notice, to arrange for planting of the new street tree upon completion of all site works.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

The requirements contained in the following conditions of consent must be complied with and details of compliance must be included in the construction certificate for the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Councils development consent conditions and to achieve reasonable levels of environmental amenity.

 

Compliance with the Building Code of Australia & Relevant Standards

13.     In accordance with section 80A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).

 

14.     Access and facilities for people with disabilities must be provided in accordance with the relevant requirements of the Building Code of Australia, Disability (Access to Premises – Buildings) Standards 2010, relevant Australian Standards and conditions of consent, to the satisfaction of the Certifying Authority. 

 

BASIX Requirements

15.     In accordance with section 80A (11) of the Environmental Planning & Assessment Act 1979 and clause 97A of the Environmental Planning & Assessment Regulation 2000, the requirements and commitments contained in the relevant BASIX Certificate must be complied with.

 

The required commitments listed and identified in the BASIX Certificate must be included on the construction certificate plans, specifications and associated documentation, 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.

 

Site stability and construction work

16.     A report must be obtained from a suitably qualified and experienced professional engineer, which includes the following details, to the satisfaction of the Certifying Authority for the development:-

 

a)     Geotechnical details which confirm the suitability and stability of the site for the development and relevant design and construction requirements to be implemented to ensure the stability and adequacy of the development and adjacent land.

 

b)     Details of the proposed methods of excavation and support for the adjoining land (including any public place) and buildings.

 

c)     Details to demonstrate that the proposed methods of excavation, support and construction are suitable for the site and should not result in any damage to the adjoining premises, buildings or any public place, as a result of the works and any associated vibration.

 

d)     The adjoining land and buildings located upon the adjoining land must be adequately supported at all times throughout demolition, excavation and building work, to the satisfaction of the Principal Certifying Authority.

 

e)     Written approval must be obtained from the owners of the adjoining land to install any ground or rock anchors underneath the adjoining premises (including any public roadway or public place) and details must be provided to the Certifying Authority

 

Traffic conditions

17.     Adequate provisions are to be made to provide pedestrian visibility and safety.  All new walls (and/or landscaping) adjacent to vehicular crossings should not exceed a height of 600mm above the internal driveway level for a distance of 1.5m within the site or new walls (including landscaping) should splayed 1.5 metres by 1.5 metres. Details of compliance, to the satisfaction of the certifying authority, are to be included in the construction certificate documentation.

 

Design Alignment levels

18.     The design alignment level (the finished level of concrete, paving or the like) at the property boundary for driveways, access ramps and pathways or the like, must be as follows:

 

Wentworth Street Frontage - match the back of the existing Council footpath levels along the full site frontage.

 

Waverley Street – match the top of the existing Council kerb level along the full site frontage.

 

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

       

19.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $614.40 calculated at $48.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

20.     The internal access driveway must be and constructed to match the alignment levels at the property boundary (as specified by Council) and the driveway must be constructed in accordance with the internal driveway gradients & distances as shown on the submitted plans (Dwg No DA-05 REV 3 dated 02/09/12). These details are to be included in the Construction Certificate.

 

Stormwater Conditions

21.     Stormwater drainage plans have not been approved as part of this development consent. Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be prepared by a suitably qualified Hydraulic Engineer and submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

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

 

b)       A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system. 

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

Internal Drainage

22.     The site stormwater drainage system is to be provided in accordance with the following requirements;

 

a)     The stormwater drainage system must be provided in accordance with the relevant requirements of Building Code of Australia and the conditions of this consent, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate.

 

b)     The stormwater must be discharged (by gravity) either:

 

i.     Directly to the kerb and gutter or drainage system located at the front of the subject site in Wentworth Street; or

 

i.     To a suitably designed infiltration system (subject to confirmation in a geotechnical investigation that the ground conditions are suitable for the infiltration system)

 

c)     Should stormwater be discharged to Council’s street drainage system, an on-site stormwater detention system must be provided to ensure that the maximum discharge from the site does not exceed that which would occur during a 1 in 5 year storm of one hour duration for existing site conditions. All other stormwater run-off from the site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the street drainage system, to the satisfaction of the certifying authority.

 

An overland escape route or overflow system (to Council’s street drainage system) must be provided for storms having an average recurrence interval of 100 years (1 in 100 year storm), or, alternatively the stormwater detention system is to be provided to accommodate the 1 in 100 year storm.

 

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

 

Should no formal overland escape route be provided for storms greater than the 1 in 20 design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

 

e)     Determination of the required cumulative storage (in the on-site detention and/or infiltration system) must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible any detention tanks should have an open base to infiltrate stormwater into the ground. Infiltration should not be used if ground water and/or any rock stratum is within 2.0 metres of the base of the tank.

 

f)      If connecting to Council’s underground drainage system, a reflux valve shall be provided (within the site) over the pipeline discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

g)     Any new kerb inlet pits (constructed within Council’s road reserve) are to be constructed generally in accordance with Council’s standard detail for the design of kerb inlet pits (drawing number SD6 which is available from Council).

 

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

 

i)      A sediment/silt arrestor pit must be provided within the site near the street boundary prior to discharge of the stormwater to Council’s drainage system and prior to discharging the stormwater to any absorption/infiltration system.

 

Sediment/silt arrestor pits are to be constructed generally in accordance with the following requirements:

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

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

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

·         A galvanised heavy-duty screen being provided over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

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

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

·         Provision of a sign adjacent to the pit stating, “This sediment/silt arrester pit shall be regularly inspected and cleaned”.

 

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

 

j)      The floor level of all habitable, retail, commercial and storage areas located adjacent to any detention and/or infiltration systems with above ground storage must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be provided.

 

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

 

k)     Infiltration systems/Absorption Trenches must be designed and constructed generally in accordance with "Section 8.5 ABSORPTION TRENCHES" of Randwick City Council's Private Stormwater Code.

 

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

i.     150mm in uncovered open car parking areas (with an isolated maximum depth of 200mm permissible at the low point pit within the detention area)

i.     300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

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

iii.   1200mm in landscaped areas where a safety fence is provided around the outside of the detention area

iv.   Above ground stormwater detention areas must be suitably signposted where required, warning people of the maximum flood level.

 

Note: Above ground storage of stormwater is not permitted within basement car parks or store rooms.

 

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

 

n)     A ‘V’ drain (or equally effective provisions) are to be provided to the perimeter of the property, where necessary, to direct all stormwater to the detention/infiltration area.

 

o)     The site stormwater system must be regularly cleaned and maintained to ensure it operates as required by the design.

 

p)     Mulch or bark is not to be used in on-site detention areas.

 

q)     Site discharge pipelines shall cross the verge at an angle no less than 45 degrees to the kerb line.

 

r)      Any onsite detention/infiltration systems shall be located in areas accessible by residents of all units.

 

s)     Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

Site seepage & Dewatering

23.     Site seepage and sub-soil drainage (from planter boxes etc) must comply with the following requirements:

 

a)    Seepage/ground water and subsoil drainage (from planter boxes etc) must not be collected & discharged directly or indirectly to  Council’s street gutter or underground drainage system

 

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

 

c)    The walls of the basement level/s of the building are to be waterproofed/tanked to restrict the entry of any seepage water and subsoil drainage into the basement level/s of the building and the stormwater drainage system for the development.

 

d)    Sub-soil drainage systems may discharge via infiltration subject to the hydraulic consultant/engineer being satisfied that the site and soil conditions are suitable and the seepage is able to be fully managed within the site, without causing a nuisance to any premises and ensuring that it does not drain or discharge (directly or indirectly) to the street gutter.

               

e)    Details of the proposed stormwater drainage system including methods of tanking/waterproofing the basement level/s and any sub-soil drainage systems (as applicable) must be prepared or approved by a suitably qualified and experienced Professional Engineer to the satisfaction of the Certifying Authority and details are to be included in the construction certificate documentation.

 

Groundwater

24.     Where the site is affected by groundwater or fluctuating water table (including during the course of construction), the following requirements must be satisfied:

 

a)    Groundwater and sub-soil drainage must not be connected or discharged to the stormwater detention tank or to Council’s street gutter or drainage system, unless specific written approval has been obtained from Council beforehand, and

 

b)    Groundwater and sub-soil drainage must be restricted from entering the basement level/s and the stormwater drainage system, by tanking and waterproofing the basement areas of the building, and

 

c)    Adequate provisions must be made for the groundwater to drain around the basement level/s and ensure that the basement will not impede the movement of the ground water through the development site, and

 

d)    Details of the proposed methods of managing groundwater, tanking and waterproofing must be prepared by a suitably qualified and experienced Hydrogeological Engineer and be submitted to and approved by the certifying authority, prior to issuing the construction certificate.

 

Waste Management

25.     The garbage room/s shall be sized to contain a total of 7 x 240 litre bins (comprising 3 garbage bins, 3 recycle bins & 1 green waste bin) and with adequate provisions for access to all bins.  Details showing compliance are to be included in the construction certificate.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.

 

Certification and Building Inspection Requirements

26.     Prior to the commencement of any building works, the following requirements must be complied with:

 

a)     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.

 

A copy of the construction certificate, the approved development consent plans and 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.

 

b)     a Principal Certifying Authority (PCA) must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and

 

c)     a principal contractor must be appointed for the building work and the requirements of the Home Building Act 1989 must be satisfied accordingly; and

 

d)     the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

e)     at least two days notice must be given to the Council, in writing, prior to commencing any works.

 

Home Building Act 1989

27.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, the relevant requirements of the Home Building Act 1989 must be complied with.

 

Details of the Licensed Building Contractor and a copy of the relevant Certificate of Home Warranty Insurance or a copy of the Owner-Builder Permit (as applicable) must be provided to the Principal Certifying Authority and Council.

 

Dilapidation Reports

28.     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 and ancillary structures located upon all of the premises adjoining the subject site (e.g. dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc).

 

The report (including photographs) are required to detail the current condition and status of any dwelling, associated garage and other structures located upon the adjoining premises, which may be affected by the subject works.  A copy of the dilapidation report must be given to the owners of the premises encompassed in the report/s before commencing any works.

 

Construction Site Management Plan

29.     A Construction Site Management Plan must be developed and implemented prior to the commencement of any works. The construction site management plan must include the following measures, as applicable to the type of development:

 

·            location and construction of protective site fencing / hoardings;

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            details of proposed sediment and erosion control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            location and size of waste containers/bulk bins;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details;

·            provisions for temporary sanitary facilities.

 

The site management measures must be implemented prior to the commencement of any site works and be maintained throughout the works, to the satisfaction of Council.

 

A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council prior to commencing site works.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Construction Traffic Management

30.     An application for a ‘Works Zone’ and Construction Traffic Management Plan must be submitted to Councils Integrated Transport Department, and approved by the Randwick Traffic Committee, for a ‘Works Zone’ to be provided in Wentworth Street for the duration of the demolition & construction works. 

 

The ‘Works Zone’ must have a minimum length of 12m and extend for a minimum duration of three months.  The suitability of the proposed length and duration is to be demonstrated in the application for the Works Zone.  The application for the Works Zone must be submitted to Council at least six (6) weeks prior to the commencement of work on the site to allow for assessment and tabling of agenda for the Randwick Traffic Committee.

 

The requirement for a Works Zone may be varied or waived only if it can be demonstrated in the Construction Traffic Management Plan (to the satisfaction of Council’s Traffic Engineers) that all construction related activities (including all loading and unloading operations) can and will be undertaken wholly within the site.  The written approval of Council must be obtained to provide a Works Zone or to waive the requirement to provide a Works Zone prior to the commencement of any site work.

 

31.     A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to:

 

a)       a construction certificate being issued for the development.

 

The Construction Site Traffic Management Plan must be prepared by a suitably qualified person and must include the following details, to the satisfaction of Council:

·       A description of the demolition, excavation and construction works

·       A site plan/s showing the site, roads, footpaths, site access points and vehicular movements

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

·       Size, type and estimated number of vehicular movements (including removal of excavated materials, delivery of materials and concrete to the site)

·       Provision for loading and unloading of goods and materials

·       Impacts of the work and vehicular movements on the road network, traffic and pedestrians

·       Proposed hours of construction related activities and vehicular movements to and from the site

·       Current/proposed approvals from other Agencies and Authorities (including NSW Roads & Traffic Authority, Police and State Transit Authority)

·       Any activities proposed to be located or impact upon Council’s road, footways or any public place

·       Measures to maintain public safety and convenience

 

32.     Any necessary approvals must be obtained from NSW Police, Roads & Maritime Services, Transport, and relevant Service Authorities, prior to commencing work upon or within the road, footway or nature strip.

 

Demolition Work Plan

33.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures and relevant environmental/occupational health and safety requirements.

 

The Demolition 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 (including removal of any asbestos)

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

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

·        Methods and location of disposal of any hazardous materials (including asbestos)

·        Other relevant details, measures and requirements to be implemented

·        Details of re-use, recycling and disposal of waste materials

·        Date the demolition works will commence

 

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

 

If the work involves asbestos products or materials, a copy of the Demolition Work Plan must also be provided to Council not less than 2 days before commencing those works.

 

Notes

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

 

§  Refer to the conditions within the “Requirements During Construction & Site Work”, for further details and requirements relating to demolition work, removal of any asbestos and public safety.

 

Construction Noise & Vibration Management Plan

34.     A Construction Noise & Vibration Management Plan, prepared in accordance with the Department of Climate Change Guidelines for Construction Noise and Assessing Vibration, by a suitably qualified person, is to be developed and implemented prior to commencing site work and throughout the course of construction.

 

a)     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. 

 

Noise and vibration from any rock excavation machinery, pile drivers and all plant and equipment must be minimised, by using appropriate plant and equipment, silencers and the implementation of noise management strategies.

 

b)     The Construction Noise & Vibration Management Plan must include details of measurements, analysis and relevant criteria and demonstrate that the noise and vibration emissions from the work satisfy the relevant provisions of the Protection of the Environment Operations Act 1997, current DECC Guidelines for Construction Noise and Assessing Vibration and Councils conditions of consent.

 

c)     A further report/correspondence must be obtained from the consultant as soon as practicable upon the commencement of works, which reviews and confirms the implementation and suitability of the noise and vibration strategies in the Construction Noise & Vibration Management Plan and which demonstrates compliance with relevant criteria.

 

d)     Any recommendations and requirements contained in the Construction Noise & Vibration Management Plan and associated reports are to be implemented accordingly and should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to Council and the PCA.

 

A copy of the Construction Noise & Vibration Management Plan and associated acoustic/vibration report/s must be maintained on-site and a copy must be provided to Council and the Principal Certifying Authority accordingly.

 

Public Liability

35.     The owner/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to the Principal Certifying Authority and Council.

 

            Public Utilities

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

 

37.     The owner/builder must make the necessary arrangements and meet the full cost for telecommunication companies, gas providers, Ausgrid, Sydney Water and other service authorities to adjust, repair or relocate their services as required.

 

Landscaping

38.     Landscaping at the site must be installed substantially in accordance with the Landscape Plan by Landscape Plan by Wendy Balafoutis Garden Design, dwg 1211/01, revision B, dated September 2012, and stamped 5 October 2012, subject to the following additional requirements being shown on an amended plan, which must be submitted to, and be approved by, the PCA, prior to the commencement of site works:

 

a)       In order to maintain a clear line of sight of pedestrians and vehicles approaching from the north when exiting the site, the raised planter shown at the northwest corner must be deleted, with planting in this garden to be provided at grade only;

 

NOTE: Should a retaining wall be needed in order to support soil along the northern side of the basement entry ramp, it must not encroach within 1.5m of the front (western) site boundary.

 

b)       The most western screening tree (Acmena smithii ‘Cherry Surprise’) in the area described in point ‘a’ above, is to be deleted, with only low growing species that will not exceed 600mm in height at maturity to be provided in its place in this area; 

 

c)       Acacia longifolia (Wattle) shall be deleted from the planting plan and plant schedule, as despite being a native species, its use is not associated with high quality urban developments due to its untidy appearance and short life span, and is to be replaced with a more decorative and reliable, long-lived species, of similar form and function;

 

d)       In order to avoid over crowding and competition, the quantity of trees within the podium planting in the central courtyard (northern half) shall be reduced from four to a maximum of two, with other feature plantings to be provided in their place in this area;

 

e)       Soil and mulch/pebble/gravel details, irrigation, lighting, edging, paving, fencing/screening details, retaining walls and surface treatments/finishes, as well as any other elements in order to sufficiently describe the proposed landscape works;

 

f)       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm;

 

g)       In order to reduce the amount of storm-water generated by the site, as well as to recharge groundwater supplies, porous/permeable paving shall be used in all hard surfacing not over slab;

 

h)       To ensure satisfactory maintenance of the landscaped areas, an automatic drip irrigation system shall be installed throughout all planted areas. Details shall be provided showing that the system will be connected to the sites rainwater tanks, with back-up connection to the mains supply, in accordance with all current Sydney Water requirements;

 

i)        All detention tanks and below ground stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

The following conditions of consent must be complied with during the demolition, excavation and construction of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.

 

Inspections during Construction

39.     The building works must be inspected by the Principal Certifying Authority, 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.

 

Building & Demolition Work Requirements

40.     All work and activities must be carried out in accordance with the relevant regulatory requirements and Randwick City Council policies, including:

 

·           Work Health and Safety Act 2011 & Regulations

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

·           Occupational Health and Safety (Asbestos Removal Work) Regulation 2001

·           WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997

·           Protection of the Environment Operations (Waste) Regulation 2005

·           Relevant Office of Environment & Heritage / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

·           Randwick City Council Asbestos Policy (adopted 13 September 2005)

 

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.

 

Removal of Asbestos Materials

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

 

·                 Occupational Health & Safety legislation and WorkCover NSW requirements

 

·                 Randwick City Council’s Asbestos Policy

 

·                 A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 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.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

·                 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.

 

·                 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 2005.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

 

·                 A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. 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 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.

 

Excavations, Back-filling & Retaining Walls

42.     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 must 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.

 

Details of proposed retaining walls, shoring, piling or other measures are to be submitted to and approved by the Principal Certifying Authority.

 

Support of Adjoining Land

43.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

Sediment & Erosion Control

44.     Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.

 

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

 

A copy of the Sediment and Erosion Control Plan must be provided to the Principal Certifying Authority and Council.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Dust Control

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·       Landscaping and revegetation of disturbed areas.

 

Temporary Site Fencing

46.     Temporary site safety fencing or site hoarding must be provided to the perimeter of the site throughout demolition, excavation and construction works, to the satisfaction of Council, in accordance with the following requirements:

 

a)     Temporary site fences or hoardings must have a height of 1.8 metres and be a cyclone wire fence (with geotextile fabric attached to the inside of the fence to provide dust control), or heavy-duty plywood sheeting (painted white), or other material approved by Council.

 

b)     Hoardings and site fencing must be designed to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises and if necessary, be provided with artificial lighting.

 

c)     All site fencing and hoardings must be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

d)     An overhead (‘B’ Class) type hoarding is required is be provided to protect the public (unless otherwise approved by Council) if:

 

·       materials are to be hoisted (i.e. via a crane or hoist) over a public footway;

·       building or demolition works are to be carried out on buildings which are over 7.5m in height and located within 3.6m of the street alignment;

·       it is necessary to prevent articles or materials from falling and causing a potential danger or hazard to the public or occupants upon adjoining land;

·       as may otherwise be required by WorkCover, Council or the PCA.

 

Notes:

·       Temporary site fencing may not be necessary if there is an existing adequate fence in place having a minimum height of 1.5m.

 

·       If it is proposed to locate any site fencing, hoardings, amenities or articles upon any part of the footpath, nature strip or public place at any time, a separate Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any fencing, hoarding or other article on the road, footpath or nature strip.

 

Public Safety & Site Management

47.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with to the satisfaction of Council:

 

a)     Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

b)     The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

 

c)     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.

 

d)     Access gates and doorways within site fencing, hoardings and temporary site buildings or amenities must not open outwards into the road or footway.

 

e)     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 department.

 

f)      Adequate provisions must be made to ensure pedestrian safety and traffic flow during the site works and traffic control measures are to be implemented in accordance with the relevant provisions of the Roads and Traffic Manual “Traffic Control at Work Sites” (Version 4), to the satisfaction of Council.

 

Site Signage

48.     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,

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

 

Restriction on Working Hours

49.     Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

 

·   Monday to Friday - 8.00am to 1.00pm only

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development

·   Saturdays and Sundays where the preceding Friday and/or the following Monday is a public holiday - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

Survey Requirements

50.     A Registered Surveyor’s check survey certificate or other suitable documentation must be obtained at the following stage/s of construction to demonstrate compliance with the approved setbacks, levels, layout and height of the building to the satisfaction of the Principal Certifying Authority (PCA):

 

·            prior to construction (pouring of concrete) of footings and boundary retaining structures,

·            prior to construction (pouring of concrete) of each floor slab,

·            upon completion of the building, prior to issuing an Occupation Certificate,

·            as otherwise may be required by the PCA.

 

The survey documentation must be forwarded to the Principal Certifying Authority and a copy is to be forwarded to the Council, if the Council is not the Principal Certifying Authority for the development.  

 

Building Encroachments

51.     There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.

 

Road/Asset Opening Permit

52.     Any openings within or upon the road, footpath, nature strip or in any public place (i.e. for proposed drainage works or installation of services), must be carried out in accordance with the following requirements, to the satisfaction of Council:

 

a)     A Road / Asset Opening Permit must be obtained from Council prior to carrying out any works within or upon a road, footpath, nature strip or in any public place, in accordance with section 138 of the Roads Act 1993 and all of the conditions and requirements contained in the Road / Asset Opening Permit must be complied with.

 

b)     Council’s Road / Asset Opening Officer must be notified at least 48 hours in advance of commencing any excavation works and also immediately upon completing the works (on 9399 0691 or 0409 033 921 during business hours), to enable any necessary inspections or works to be carried out.

 

c)     Relevant Road / Asset Opening Permit fees, construction fees, inspection fees and security deposits, must be paid to Council prior to commencing any works within or upon the road, footpath, nature strip or other public place,

 

d)     The owner/developer must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate or occupation of the development (whichever is sooner).

 

e)     Excavations and trenches must be back-filled and compacted in accordance with AUSPEC standards 306U.

 

f)     Excavations or trenches located upon a road or footpath are required to be provided with 50mm depth of cold-mix bitumen finish, level with the existing road/ground surface, to enable Council to readily complete the finishing works at a future date.

 

g)     Excavations or trenches located upon turfed areas are required to be back-filled, compacted, top-soiled and re-turfed with Kikuyu turf.

 

h)     The work and area must be maintained in a clean, safe and tidy condition at all times and the area must be thoroughly cleaned at the end of each days activities and upon completion.

 

i)      The work can only be carried out in accordance with approved hours of building work as specified in the development consent, unless the express written approval of Council has been obtained beforehand.

 

j)     Sediment control measures must be implemented in accordance with the conditions of development consent and soil, sand or any other material must not be allowed to enter the stormwater drainage system or cause a pollution incident.

 

k)     The owner/developer must have a Public Liability Insurance Policy in force, with a minimum cover of $10 million and a copy of the insurance policy must be provided to Council prior to carrying out any works within or upon the road, footpath, nature strip or in any public place.

 

Traffic Management

53.     Adequate provisions must be made to ensure pedestrian safety and traffic flow during the site works and traffic control measures are to be implemented in accordance with the relevant provisions of the Roads and Traffic Manual “Traffic Control at Work Sites” (Version 4), to the satisfaction of Council.

 

Stormwater Drainage

54.     Adequate provisions must be made to collect and discharge stormwater drainage during construction of the building to the satisfaction of the principal certifying authority.

 

The prior written approval of Council must be obtained to connect or discharge site stormwater to Council’s stormwater drainage system or street gutter.

 

55.     Any required dewatering must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

The site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

56.     A separate written approval from Council is required to be obtained in relation to any proposed discharge of groundwater into Council’s drainage system external to the site, in accordance with the requirements of Section 138 of the Roads Act 1993.

 

Internal Driveway Grades

57.     The internal access driveway must be and constructed to match the alignment levels at the property boundary (as specified by Council) and the driveway must be constructed in accordance with the internal driveway gradients & distances as shown on the submitted plans (Dwg No DA-05 REV 3 dated 02/09/12)

 

            Tree Removal

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

 

a)     That small vegetation within the front setback, as well as those self-seeded species along both the northern and southern side setbacks;

 

b)     The dense group of trees in the rear yard, on higher ground around the free standing shed and garage, across the width of the rear (eastern) boundary, being a Schefflera actinophylla (Umbrella Tree), a Phoenix canariensis (Canary Island Date Palm) and a Cotoneaster species (Cotoneaster), as all are regarded as invasive environmental weeds.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.

 

Occupation Certificate Requirements

59.     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 relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

Fire Safety Certificates

60.     Prior to issuing an interim or final Occupation Certificate, a single and complete Fire Safety Certificate, encompassing all of the essential fire safety measures contained in the fire safety schedule must be obtained and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000.  The Fire Safety Certificate must be consistent with the Fire Safety Schedule which forms part of the Construction Certificate.

 

A copy of the Fire Safety Certificate must be displayed in the building entrance/foyer at all times and a copy must also be forwarded to Fire and Rescue NSW.

 

Structural Certification

61.     A Certificate must be obtained from a professional engineer, which certifies that the building works satisfy the relevant structural requirements of the Building Code of Australia and approved design documentation, to the satisfaction of the Principal Certifying Authority. A copy of which is to be provided to Council.

 

BASIX Requirements & Certification

62.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that any relevant BASIX commitments and requirements have been satisfied.

 

Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Principal Certifying Authority and Council upon issuing an Occupation Certificate.

 

Occupant Safety - Windows

63.     Openable windows to a room, corridor, stairway or the like with a floor level more than 4m above the external ground/surface level, must be designed and constructed to reduce the likelihood of a child accessing and falling through the window opening.

 

Options may include one or more of the following measures:

 

·           The window having a minimum sill height of 1.5m above the internal floor level,

·           Providing a window locking device at least 1.5m above the internal floor level,

·           Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum width of 125mm,

·           Installing a fixed heavy-duty gauge metal screen over the opening (excluding openings upon the front or any street elevation of the building), such as a metal security screen or metal security mesh and frame system, but not standard fly-screen material,

·           Other appropriate effective safety measures or barriers.

 

The relevant safety measures must be implemented prior to the issue of an Occupation Certificate.

 

64.     Street and unit numbering must be provided to the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council, prior to an occupation certificate being issued for the development.

 

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

 

Noise Control Requirements & Certification

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

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Office of Environment and Heritage (EPA) Noise Control Guidelines.

 

67.     A report must be obtained from a suitably qualified and experienced consultant in acoustics, which demonstrates and certifies that noise and vibration from any plant and equipment (e.g. mechanical ventilation systems and air-conditioners) satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Office of Environment and Heritage (EPA) Noise Control Manual, Industrial Noise Policy and Council’s development consent.

 

A copy of the report must be provided to the Principal Certifying Authority and Council prior to an occupation certificate being issued.

 

Security lighting

68.     Suitable security lighting is to be installed at the main pedestrian entry path to the development. The above lighting device is to be low level lighting where the light source is not located higher than 1.2m above the finished ground level, and is to be directed towards the ground. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation.

 

69.     Lighting to the premises shall be designed in accordance with Australian Standard 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting, so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

a.   Security lighting shall be installed to common areas of the building. The driveway to the basement carpark must be illuminated by using low-level lighting (i.e. bollard lighting) from dusk to dawn.

 

Parking detail

70.     The proposed car parking bays are to be line-marked in accordance with the provisions of Australian Standard 2890.1: Off Street Car Parking. The proposed visitor car space is to be appropriately sign-posted. 

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

71.     The owner/developer must meet the full cost for Council or a Council approved contractor to:

 

Wentworth Street Frontage

a)     Construct a full width heavy duty concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site in Wentworth Street.

b)     Re-construct kerb and gutter for the full site frontage except opposite the vehicular entrance and exit point in Wentworth Street.

c)     Carry out an asphalt reknit 1.00 metre wide, in front of the kerb and gutter along the full Wentworth Street site frontage.

d)     Reconstruct a concrete footpath along the full Wentworth Street site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

Waverley Street Frontage

e)     Remove the redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification in Waverley Street.

f)      Provide a concrete footpath between the gate entrance and the Council kerb line, in Waverley Street.

 

72.     Prior to issuing a final occupation certificate or occupation of the development (whichever is sooner), the owner/developer 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.

 

73.     All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council’s Policy for “Vehicular Access and Road and Drainage Works” and the following requirements: 

 

a)     All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

b)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to an occupation certificate being issued for the development, together with payment of the relevant fees.

 

c)     If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

d)     The civil works must be completed in accordance with Council’s conditions of consent and approved design and construction documentation, prior to occupation of the development, or as otherwise approved by Council in writing.

 

Landscaping

74.     Prior to issuing a Final (or any type of interim) Occupation Certificate/s, certification from a qualified professional in the landscape/horticultural industry must be submitted to, and be approved by, the PCA, confirming that landscaping at this site has been installed substantially in accordance with the Landscape Plan by Wendy Balafoutis Garden Design, dwg 1211/01, revision B, dated September 2012 and stamped 5 October 2012, as well as the relevant conditions of consent, with the owner/s to implement strategies to ensure that it is maintained in a healthy and vigorous state until maturity.

 

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

 

Sydney Water Requirements

76.     A section 73 Compliance Certificate, under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.  An Application for a Section 73 Certificate must be made through an authorised Water Servicing Coordinator.  For details, please refer to the Sydney Water web site www.sydneywater.com.au > Building and developing > Developing your Land > Water Servicing Coordinator or telephone 13 20 92.

 

Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions may take some time and may impact on other services and building, driveway or landscape design.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority and the Council prior to issuing an Occupation Certificate or Subdivision Certificate, whichever the sooner.

 

Stormwater Drainage

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

 

Notes:

 

a.   The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

 

b.   The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

78.     A works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced hydraulic consultant/engineer must be forwarded to the Principal Certifying Authority and the Council. The works-as-executed plan must include the following details (as applicable):

 

·              The location of any detention basin/s with finished surface levels;

·              Finished site contours at 0.2 metre intervals;

·              Volume of storage available in any detention areas;

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

·              The orifice size/s (if applicable);

·              Details of any infiltration/absorption systems; and

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

 

79.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer, which confirms that the design and construction of the stormwater drainage system complies with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and conditions of this development consent. 

 

The certification must be provided following inspection/s of the site stormwater drainage system by the Hydraulic Engineers to the satisfaction of the PCA.

 

80.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced professional Engineer, to the satisfaction of the Principal Certifying Authority confirming that the basement tanking/waterproofing and any sub-soil drainage systems (as applicable) have been provided in accordance with the conditions of consent and relevant Standards.

 

Waste Management

81.     Prior to the occupation of the development, the owner or applicant is required to contact Council’s City Services department, to make the necessary arrangements for the provision of waste services for the premises.

 

82.     The waste storage areas shall be clearly signposted.

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health and environmental amenity.

 

Fire Safety Statements

83.     A single and complete Fire Safety Statement (encompassing all of the fire safety measures upon the premises) must be provided to the Council in accordance with the requirements of the Environmental Planning & Assessment Regulation 2000

 

The Fire Safety Statement must be provided on an annual basis each year following the issue of the Fire Safety Certificate, and other period if any of the fire safety measures are identified as a critical fire safety measure in the Fire Safety Schedule

 

The Fire Safety Statement is required to confirm that all the fire safety measures have been assessed by a properly qualified person and are operating in accordance with the standards of performance specified in the Fire Safety Schedule.

 

A copy of the Fire Safety Statement must be displayed in the building entrance/foyer at all times and a copy must also be forwarded to Fire & Rescue NSW.

 

Environmental Amenity

84.     External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

85.     Street numbering must be provided to the front of the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council.

 

In this regard, an Application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and unit numbers for the development.

 

Stormwater Detention/Infiltration  System

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

 

GENERAL ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and requirements.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

A1      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 requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2      Demolition, building or excavation work must not be commenced until;

 

§  A Construction Certificate has been obtained from an Accredited Certifier or Council

§  An Accredited Certifier or Council has been appointed as the Principal Certifying Authority for the development

§  Council and the Principal Certifying Authority have been given at least 2 days notice (in writing) prior to commencing any works.

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards.  You are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A4      Any proposed amendments to the design and construction of the building may require a new development application or a section 96 amendment to the existing consent to be obtained from Council, before carrying out such works

 

A5      Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

A6      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the Certifying Authority.

 

A7      This consent 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 land owner or principal contractor must obtain:

 

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

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

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

§  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).

 

A8      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 any adjoining land.

 

A9      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A10     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.

 

A11     Finished ground levels external to the building are to be consistent with the development consent and are not to be raised, other than for the provision of approved paving or the like on the ground.

 

A12     A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team 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 or any other container or article.

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

A13     The necessary development consent and a construction certificate or a complying development certificate (as applicable) must be obtained for proposed external plant and equipment, if not included in this consent.

 

A14     An application must be submitted to an approved by Council prior to the installation and operation of any proposed greywater or wastewater treatment systems, in accordance with the Local Government Act 1993.

 

Greywater/Wastewater treatment systems must comply with the relevant requirements and guidelines produced by NSW Health, NSW Office of Environment and Heritage and other relevant regulatory requirements.

 

A15     Air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

§  before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

§  before 7.00am or after 10.00pm on any other day.

 

A16     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.

 

A17     Further information and details on Council's requirements for trees on development sites can be obtained from the recently adopted Tree Technical Manual, which can be downloaded from Council’s website at the following link, http://www.randwick.nsw.gov.au - Looking after our environment – Trees – Tree Management Technical Manual; which aims to achieve consistency of approach and compliance with appropriate standards and best practice guidelines.

 

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

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Smith

Councillor Belleli

 

Councillor Bowen

 

Councillor D'Souza

 

Councillor Garcia

 

Councillor Matson

 

Councillor Moore

 

Councillor Nash

 

Councillor Roberts

 

Councillor Seng

 

Councillor Shurey

 

Councillor Stavrinos

 

Councillor Stevenson

 

 

 

Total (13)

Total (1)

 

 

 

CP107/12 Director City Planning Report - Reporting Variation to Development Standard under State Environment Planning Policy No. 1 (SEPP 1) for October to November 2012 (F2008/00122)

336/12

RESOLUTION: (Andrews/Roberts) that the report be received and noted.

 

MOTION: (Andrews/Roberts) CARRIED - SEE RESOLUTION.

 

 

 

 

CP108/12 Director City Planning Report - Recent Land and Environment Court Decisions  (F2006/00383)

337/12

RESOLUTION: (Andrews/Roberts) that the report be received and noted.

 

MOTION: (Andrews/Roberts) CARRIED - SEE RESOLUTION.

 

 

 

CP109/12 Director City Planning Report - Green Money Recycling Reward update (F2012/00133)

338/12

RESOLUTION: (Andrews/Roberts) that the report be received and noted.

 

MOTION: (Andrews/Roberts) CARRIED - SEE RESOLUTION.

 

General Manager's Reports

 

GM38/12  General Manager's Report - Re-Determining the Organisational Structure (F2012/00546)

339/12

RESOLUTION: (Andrews/Roberts) that the organisation structure be re-adopted as outlined in Attachment 1 to the report.

 

MOTION: (Andrews/Roberts) CARRIED - SEE RESOLUTION.

 

Director City Services Reports

 

CS17/12   Director City Services Report - Ficus 'Hillii' outside 28 Hooper Street, Randwick (F2004/07359)

340/12

RESOLUTION: (Andrews/Roberts) that the Ficus ‘Hillii’ (Hill’s Weeping fig) street tree growing on the nature strip outside 18 Hooper Street, Randwick, be removed and replaced with an appropriate number of advanced 100-litre Waterhousia floribunda (Weeping Lilly Pillys).

 

MOTION: (Andrews/Roberts) CARRIED - SEE RESOLUTION.

 

 

 

CS18/12   Director City Services Report - Tree Removal - Outside 5 Lorne Avenue, Kensington (F2004/07359)

341/12

RESOLUTION: (Andrews/Roberts) that the Council owned Ficus ‘Hillii’ (Hill’s Weeping fig) growing outside 5 Lorne Avenue, Kensington, be removed and replaced with one-two Waterhousia floribunda (Weeping Lilly Pillys) – as nominated in Council’s Street Tree Masterplan.

 

MOTION: (Andrews/Roberts) CARRIED - SEE RESOLUTION.

 

Director Governance & Financial Services Reports

 

 

GF62/12   Director Governance & Financial Services Report - Annual Review of Councillors' Expenses & Facilities Policy (F2004/06576)

342/12

RESOLUTION: (Andrews/Roberts) that, the amended Councillors’ Expenses & Facilities Policy be publicly exhibited for a period of 28 days.

 

MOTION: (Andrews/Roberts) CARRIED - SEE RESOLUTION.

 

 

 

GF63/12   Director Governance & Financial Services Report - Review of Delegations of Authority (F2004/06895)

343/12

RESOLUTION: (Andrews/Roberts) that:

 

a)     the following Council Delegations be reaffirmed:

 

·           Delegations to the General Manager;

·           Delegations to the following Council Committees; Administration & Finance; Civic Affairs; Community Services; Economic Development; Environment; Planning; Works

·           Delegations to the Mayor

·           Delegations to the Mayor and General Manager jointly.

 

b)     the following new delegation be adopted:

RE020

Local Emergency Management Committee

 

New delegation

To delegate the role of Chairperson of the Local Emergency

Management Committee in accordance with the Minister’s

appointment under Section 14(2A) of the State Emergency and

Rescue Management Act 1989.

 

MOTION: (Andrews/Roberts) CARRIED - SEE RESOLUTION.

 

 

 

GF64/12   Director Governance & Financial Services Report - Future Management of Crown Reserves at Prince Henry, Little Bay (F2011/07970)

344/12

RESOLUTION: (Andrews/Roberts) that Council:

 

a)     note its support in principle to assume the ownership and/or care and control of the eleven (11) various crown reserves associated within Prince Henry at Little Bay, as itemised in this report, on the basis that further information is provided in relation to the heritage roads;

 

b)     note that Crown lands be advised accordingly;

 

c)     delegate the General Manager of Council to finalise transfer arrangements; and

d)     affix the Council’s Seal to any necessary transfer documentation.

 

MOTION: (Andrews/Roberts) CARRIED - SEE RESOLUTION.

 

Petitions

Nil.

 

Motion Pursuant to Notice

 

NM79/12  Motion Pursuant to Notice from Cr Nash - Kingsford Town Centre Strategy (F2012/00050)

345/12

RESOLUTION: (Nash/Andrews) that:

 

1.     Council thank and congratulate Geoff Banting and Suzanne Williamson on their recent excellent work with the Kingsford Town Centre Strategy and stakeholder workshops;

 

2.     A report be brought to the February 2013 council meeting identifying short, medium and long term actions and strategies to revitalise the Kingsford Town Centre, in light of the feedback received from stakeholders at the workshops;

 

3.     One of the short term actions include a 12 month period whereby local Kingsford restaurants may apply for an outdoor dining licence free of charge to encourage more al fresco dining;

 

4.     Council convene a further meeting with the Kingsford Town Centre stakeholders after the release of the report and prior to the February 2013 council meeting, to allow council officers to explain the report to the stakeholders and to seek any further feedback from them;

 

5.     Council thank all stakeholders for their invaluable input and feedback during the stakeholder workshops, and in particular Peter Schick, the President of the Kingsford Chamber of Commerce; and

 

6.     Council maintain an ongoing dialogue with all stakeholders and the Kingsford Chamber of Commerce to ensure we respond to the needs of the local Kingsford business community, in order to make Kingsford a more vibrant, dynamic and attractive local centre.

 

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

 

 

NM80/12  Motion Pursuant to Notice from Cr Stavrinos - ICAC Operation Jarek (F2004/06649)

346/12

RESOLUTION: (Moore/Garcia) that this Council:

 

1.     note the ICAC report into the Operation Jarek investigation concerning local government and that it be noted that Randwick City Council was not named in this report; and

 

2.             immediately take up the ICAC’s invitation (set out in the media release issued by the ICAC on 27 November 2012) who have offered to come and talk with Councils concerning the outcomes of Operation Jarek into local government.

 

MOTION: (Stavrinos/Roberts) that this Council:

 

1.     record its extreme horror and disgust at the extent of the various and numerous corruption allegations being considered by the ICAC;

 

2.     note the ICAC report into the Operation Jarek investigation concerning local government and that it be noted that Randwick City Council was not named in this report;

 

3.     call for a report outlining how Council’s procedures and policies ensure that such conduct currently being investigated by the ICAC into the current and former NSW Labor Party Members of Parliament and Minister, as well as the conduct under investigation as part of Operation Jarek, cannot be repeated (or would be easily detected) here at Randwick City Council; and

 

4.     immediately take up the ICAC’s invitation (set out in the media release issued by the ICAC on 27 November 2012) who have offered to come and talk with Councils concerning the outcomes of Operation Jarek into local government.

 

AMENDMENT: (Moore/Garcia) CARRIED AND BECAME THE MOTION.

 

MOTION: (Moore/Garcia) CARRIED – SEE RESOLUTION.

 

 

 

NM81/12  Motion Pursuant to Notice from Cr Stavrinos - Community Consultation (F2011/00207)

 

This matter was withdrawn with the consent of Council.

 

 

 

 

NM82/12  Motion Pursuant to Notice from Cr Stavrinos - Legality of Motions Pursuant to Notice (F2011/00207)

 

This matter was withdrawn with the consent of Council.

 

 

 

 

NM83/12  Motion Pursuant to Notice from Cr Stevenson - Clubs and Community Responsibility (F2011/06336)

 

Note: Having previously declared an interest, the Mayor and Cr Andrews left the Chamber taking no part in the debate or voting on the matter. Cr D’Souza assumed the Chair for this item.

 

MOTION: (Stevenson/Nil) that Council:

 

1.     audit the level of rent paid to Council by all Commercial Clubs operating in Council owned or supported premises or on public land.

 

2.     conduct a survey of these clubs that indicates whether these Clubs:

 

a)    Provide discounts to community groups using club facilities 

b)    Provide support or donations to community and sporting pursuits and the level of such support or donations

c)    Will adopt (or not) mandatory pre-commitment technology on gambling machines and when they intend to do this.

 

3.     prepare a confidential report to Council indicating the actual rents, commercial         equivalent rents and the results of the surveys. LAPSED FOR WANT OF A           SECONDER.

 

 

 

NM84/12  Motion Pursuant to Notice from Cr Stevenson - Costs for use of Community Halls and Parks (F2004/07674)

 

MOTION: (Stevenson/Moore) that Council:

 

1.     prepare a report three months prior to the next budget regarding:

 

·      Reducing the cost of hire for all community halls and parks for groups that are non profit and charitable or have a community purpose.

 

·      Increasing the cost of hire for all community halls and parks for groups or organisations that operate on a commercial basis to offset the costs to the community of providing these facilities.

 

·      Providing discounts for the cost of hire for all community halls and parks to any organisations that provide support to community groups that are non profit and charitable or have a community purpose.

 

2.     arrange annual pre budget meetings with all non commercial clubs operating in Council owned or supported premises to discuss their operating charges and community usage levels. LOST.

 

 

 

NM85/12  Motion Pursuant to Notice from Cr Stevenson - Recognition of Lurline Bay as a Suburb (F2004/07141)

347/12

RESOLUTION: (Stevenson/Moore) that:

 

(a)    Council engage in community consultation with local residents regarding the         proposal to change the name of their suburb from Maroubra to Lurline Bay; and

 

(b)    community consultation be limited to within the potential boundaries proposed         to be the north side of Torrington Road, the east side of Malabar Road and the         south side of Liguria Street.

 

MOTION: (Stevenson/Moore) CARRIED - SEE RESOLUTION.

 

 

 

NM86/12  Motion Pursuant to Notice from Cr Roberts - Criteria for and Implementation of Reduced ‘No Stopping’ Distance Zones (F2004/08309)

348/12

RESOLUTION: (Roberts/Nash) that:

 

a)     Council write to RMS seeking clarification on how Council can identify appropriate road intersections where the no-stopping zones can be reduced from 10m to 6m – such as where laneways intersect with normal roads; and

 

b)     Council ask RMS on the most expedient way forward to have such identified intersection’s no-stopping zones reduced accordingly, so that local residents and visitors alike may have more parking options when near street corners.

 

MOTION: (Roberts/Nash) CARRIED - SEE RESOLUTION.

 

 

 

NM87/12  Motion Pursuant to Notice from Cr Roberts - Community Transparency and Consultation (F2011/00166)

349/12

RESOLUTION: (Roberts/Seng) that a report be brought back to Council to explore options that will allow greater public notification periods for JRPP Development Application reports, given their significant impact on the community compared to other standard Development Application reports which currently enjoy equal notification periods.

 

MOTION: (Roberts/Seng) CARRIED - SEE RESOLUTION.

 

 

 

NM88/12  Motion Pursuant to Notice from Crs Andrews, Seng & Stevenson - Upgrade of Amenities - Mahon Pool (F2004/08052)

350/12

RESOLUTION: (Andrews/Seng) that a report be brought back to Council to incorporate a café at Mahon Pool with the upgrade of the toilets and change rooms as part of the Council’s Buildings for our Community program.

 

MOTION: (Andrews/Seng) CARRIED - SEE RESOLUTION.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

 

FOR

AGAINST

Councillor Andrews

Councillor Shurey

Councillor Belleli

 

Councillor Bowen

 

Councillor D'Souza

 

Councillor Garcia

 

Councillor Matson

 

Councillor Moore

 

Councillor Nash

 

Councillor Neilson

 

Councillor Roberts

 

Councillor Seng

 

Councillor Smith

 

Councillor Stavrinos

 

Councillor Stevenson

 

 

 

Total (14)

Total (1)

 

 

 

NM89/12  Motion Pursuant to Notice from Cr Matson - "Response to the Case for Sustainable Change" Document (F2004/06554)

 

This Motion was considered in conjunction with MM99/12 (Mayoral Minute - The Case for Change Report) – see the Minutes of the Extraordinary Council Meeting held on 11 December 2012.

 

 

 

NM90/12  Motion Pursuant to Notice from Cr Matson - Containment and Decontamination Strategy for Malabar Headland Leachate and Stormwater from South Maroubra Flowing onto Maroubra Beach (F2004/06759)

 

The Motion was withdrawn at the meeting.

 

 

 

NM91/12  Motion Pursuant to Notice from Cr Neilson - Installation of Temporary Toilet Facilities at Dunningham Reserve (F2004/08256)

351/12

RESOLUTION: (Neilson/Andrews) that:

 

1)       Council install a bank of portaloos in Dunningham Reserve over summer 2012-13 to assist to address the antisocial problems experienced by nearby residents which has increased since the toilet block was removed from this site. Unfortunately nearby residents complain that since the toilet block has been removed many people simply use the park, front fences and back yards as a toilet. By installing temporary toilets at this site it should help address these problems at least over the summer, the busiest time of the year for this area;

 

2)       a report come back to Council at the end of summer as to whether this arrangement should be continued in both Dunningham and Goldstein Reserves for the 2013-14 season; and

 

3)       a meeting of ward Councillors and other interested Councillors be convened as soon as possible to determine an appropriate location for these portaloos.

 

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

 

 

 

 

Confidential reports (closed session)

 

That the meeting move into closed session in order to consider confidential items.

 

Closed Session

 

CS19/12   Confidential - Supply of Waste Compactor Trucks - LGP 1608-E1 and BUS 198-0410 (F2012/00543)

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

352/12

RESOLUTION: (Andrews/Smith) that:

 

a)   the quotation of $2,061,532.50 submitted by MacDonald Johnston Engineering  for the supply and delivery of six Mercedes – Benz Econic 2629 low cab chassis with MacDonald Johnston supplying UR24³ compactor units, be accepted.

 

b)   Authority be delegated to the General Manager, or delegated representative, to execute a contract on behalf of Council.

 

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

 

 

 

CS20/12   Confidential - Tender T09/12 - Infrastructure Services Panel Contract (F2012/00297)

This matter is considered to be confidential under Section 10A(2)(c) of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

353/12

RESOLUTION: (Smith/Garcia) that Council:

 

1.     Under Regulation 178(1)(a) of the Local Government (General) Regulation 2003, John Coulston Electrics P/L, Acland Group Pty Ltd, MT Plumbing, S.Black Plumbing, Total Drain Cleaning Services P/L, Veolia Water Network Services, Master Blaster (NSW) P/L, Mastercut Concrete Aust P/L, The Australian Grinding Company, Alco Pump Maintenance P/L, Glacier Filtration (S&E McCulloch family Trust, Brooks Irrigation, Green Horticultural Group, Centratech Systems P/L, Murphy McCarthy & Associates P/L, Water Wise Consulting (Peter Brueck), JBS Environmental P/L, Pickford & Rhyder Consulting P/L, Parsons Brinckerhoff, IC Pipes P/L, JJ Richards & Sons P/L, Puch Construction and Building, P&D Envirotech P/L, Lidoran Group, Northern Fencing Specialist P/L, Costa Engineering, Colemans Group, Sportz Lighting, Amalgamated Pest Control P/L, Kevin Joyce Pest Management, Kico Inspection and Testing Service, Malibu Shade P/L, Park Equip P/L, Playfix P/L, Hilti Australia, Bakers Construction & Industrial, Kingsford Timber, Andrews Lawn Mowers, Jay Transport, Ken Coles Excavations, and Lloyd Simpson Enterprises be accepted as the successful tenderers for T09/12 - Randwick City Council Infrastructure Services Panel Contract;

 

2.     Authorises the General Manager to sign the contract documents on behalf of Council for a three year term with an option to extend for two further terms of 12 months each;

 

3.  In accordance with Clause 178(3)(e) of the regulations, negotiates with contractors and suppliers with the view to entering into a contract for works zone sign(s) installation and removal, construction and installation of water extraction bores (in soil), construction and installation of water extraction bores (in rock), supply of standard mix concrete, signs and safety equipment supply;

 

4.   Notifies the unsuccessful tenderers.

 

MOTION: (Smith/Garcia) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

GM42/12  Confidential - Sale of Randwick Rugby Club (F2004/06325)

This matter is considered to be confidential under Section 10A(2)(c) of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

 

 

354/12

Note: Having previously declared an interest, Cr Smith left the Chamber and took no part in the debate or voting on this matter.

 

RESOLUTION: (Andrews/Matson) that the General Manager be delegated authority to participate in the public tender process and make an offer to purchase the Randwick Rugby Club licensed premises for a value up to the amount referred to in this report.

 

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

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Stevenson

Councillor Belleli

 

Councillor Bowen

 

Councillor D'Souza

 

Councillor Garcia

 

Councillor Matson

 

Councillor Moore

 

Councillor Nash

 

Councillor Neilson

 

Councillor Roberts

 

Councillor Seng

 

Councillor Shurey

 

Councillor Smith

 

Councillor Stavrinos

 

 

 

Total (14)

Total (1)

 

 

Open Session

 

That the meeting move back into open session.

 

Notice of Rescission Motions

Nil.

 

 

There being no further business, His Worship the Mayor, Cr T Bowen, declared the meeting closed at 9.40 pm.

 

 

The minutes of this meeting were confirmed at the Ordinary Meeting of the Council of the City of Randwick held on Tuesday, 26 February 2013.

 

 

 

 

 

 

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

CHAIRPERSON