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

 

 

 

 

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

MINUTES OF Planning Committee Meeting of the

Council of the City of Randwick HELD ON

Tuesday, 9 June 2015 AT 6:11pm

 

Present:

The Mayor, Councillor T Seng (Central Ward)

 

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

                                                            

South Ward                                          -  Councillors R Belleli, N D’Souza & P Garcia (arrived 6.34pm)

 

East Ward                                            -  Councillors T Bowen, M Matson & B Roberts

                                                              

West Ward                                           -  Councillors G Moore (Chairperson), S Nash (Deputy Chairperson) & H Stavrinos

 

Central Ward                                        -  Councillor 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 J Smith

Manager Development Assessment                     Mr K Kyriacou

Senior Administrative Coordinator                       Ms J Hartshorn

Communications Manager                                 Mr J Hay

 

Apologies/Granting of Leave of Absences 

 

An apology was received from Cr Andrews.

 

RESOLVED: (Belleli/Stavrinos) that the apology received from Cr Andrews be accepted and leave of absence from the meeting be granted.

 

Confirmation of the Minutes

 

Confirmation of the Minutes of the Planning Committee Meeting held on Tuesday 12 May 2015

PL47/15

RESOLUTION: (Shurey/Matson) that the Minutes of the Planning Committee Meeting held on Tuesday 12 May 2015 (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 Shurey declared a non-significant non pecuniary interest in Item D46/15 as everyone in her street has received a free ticket to the event.

b)         Crs Matson, Moore, Neilson, Shurey and Stavrinos declared a non-significant non pecuniary interest in Item D40/15 as they all know a number of people who have made submissions on the matter.

c)         Cr Bowen declared significant non pecuniary interest in Item D40/15 as his sons are enrolled in Kikoff. Cr Bowen indicated that he would not take part in the debate or the vote on the matter.

d)         Cr Bowen declared a significant non pecuniary interest in Item D43/15 as the applicant has retained his services in a professional capacity in the past. Cr Bowen indicated that he would not take part in the debate or the vote on the matter.

e)         Cr Roberts declared a non-significant non pecuniary interest in Item D40/15 as one of Directors of Kikoff assisted, in a voluntary capacity, with his State election campaign.

f)         Cr Nash declared a non-significant non pecuniary interest in Item D47/15 as he knows one of the speakers from a past professional association.

g)         Cr Moore declared a non-significant non pecuniary interest in Item D43/15 as he knows the applicant.

 

Address of Council by Members of the Public

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

 

D39/15      14 Beach Street, Clovelly (DA/835/2014)

 

Applicant           Larissa Ozog (representing the applicant)

 

D40/15      1 Day Lane, Kensington (DA/87/2015)

 

 

Note: Having previously declared an interest, Crs Bowen left the chamber and took no part in the debate or voting on this matter. Cr Roberts also left the meeting at this point.

 

Against               Louis Campbell

 

For                      Stella Calpis

 

Crs Bowen and Roberts returned to the meeting at this point (6.29pm).

 

D42/15      6 Conway Avenue, Randwick (DA/256/2015)

 

                   Applicant            Nick Papaioannou

 

Cr Garcia arrived at the meeting at this point (6.34pm).

 

D44/15      79 Denning Street, South Coogee (DA/127/2015)

 

                   Applicant            Daniel Karamaneas (representing the applicant)

 

D47/15      15 Monmouth Street, Randwick (DA/910/2014)

 

Objector            Michael Murray

 

Applicant           Anthony Rowan (representing the applicant)

 

 

The Meeting was adjourned at 6.47pm and was resumed at 7.29pm.

 

Urgent Business

 

UB4/15     Cr Tony Bowen - Fit for the Future - assessment methodology (F2014/00635)

 

 

 

 

 

 

PL48/15

The Chairperson ruled this matter to be urgent on the basis that the methodology for assessment Fit for the Future was made public by IPART last Friday and that there has been a precedent set of State MPs stating their position.

 

RESOLUTION: (Bowen/Shurey) that Council calls on the State Member for Coogee, Mr Bruce Notley-Smith, to indicate, in response to the announcement of the Fit for the Future methodology, whether he supports Randwick City Council as a stand-alone Council.

 

MOTION: (Bowen/Shurey) CARRIED – SEE RESOLUTION.

 

 

 

UB5/15     Cr Kathy  Neilson - Randwick Literary Institute Reserve (F2014/00326 )

 

 

 

 

PL49/15

The Chairperson ruled this matter to be urgent given the recent community concern.

 

RESOLUTION: (Neilson/Shurey) that Council write to the Member for Coogee and the Minister for Primary Industries and Minister for Lands & Water, to expedite the administrative and legislative actions to facilitate the vesting of the reserve (Randwick Literary Institute) with Council for an estate in fee simple, pursuant to section 76 of the Crown Lands Act 1989, as offered by Crown Lands in their correspondence to Council dated 28 March 2014.

 

MOTION: (Neilson/Shurey) CARRIED - SEE RESOLUTION.

 

Development Application Reports

 

D39/15     Development Application Report - 14 Beach Street, Clovelly (DA/835/2014)

PL50/15

RESOLUTION: (Stavrinos/Shurey) -

 

A.     That Council supports the exceptions to development standards under Clause 4.6 of Randwick Local Environmental Plan 2012 in respect to non-compliance with Clause 4.4 of Randwick Local Environmental Plan 2012, relating to FSR, 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 & Environment 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. 835/2014 for alterations to an existing residential building including the provision of an additional three (3) bedroom apartment, demolition, provision of five (5) car spaces within the western and rear portion of the site, landscaping and associated site works at No. 14 Beach Street, Clovelly, subject to the standard conditions contained in the development application compliance report.

 

MOTION: (Stavrinos/Shurey) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

D40/15     Development Application Report - 1 Day Lane, Kensington (DA/87/2015)

 

 

 

PL51/15

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

 

RESOLUTION: (Stavrinos/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. DA/87/2015 for Alterations and additions to former Kensington Bowling Club building and use as a Community Centre including two halls for community hire, a half basketball court, landscaping and add car parking for 16 vehicles, at No. 1 Day Lane, Kensington, subject to the standard conditions contained in the development application compliance report attached to this report.

Non-standard conditions

 

Flooding

12.     The existing floor level of the building is below the level of the 1% (1 in 100yr) & 5% AEP (1 in 20y) and so will likely be inundated during major storm events. The following measures be undertaken

 

·       All new electrical outlets are to be provided at or above RL 22.45 being 300mm above 1 in 100yr flood level (1.05m above the existing floor level).

 

·       All new construction below RL 22.45 shall be made of flood compatible materials.

 

Plans submitted for the construction certificate shall demonstrate compliance with these requirements.

 

Fit-out of Community Facility

18.     The fit-out of the community facility shall include elevated storage areas compatible with the likelihood of flooding of the site.  Elevated storage areas shall be provided above 22.45AHD.  Compliant storage areas are to be indicated in the plans submitted with the Construction Certificate.

 

19.     All electrical appliances are to be installed at or above 22.45AHD being 300mm above the 1 in 100 year flood level (1.05m above the existing floor level).  These details are to be indicated in the plans submitted with the Construction Certificate.

 

AMENDMENT: (Matson/Shurey) that this matter be deferred to allow the General Manager to conduct an investigation into the community consultation undertaken by the  Kensington West Kingsford Precinct Committee on behalf of Council as a strategy for assessing this matter. LOST.

 

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

 

FOR

AGAINST

Councillor Matson

Councillor Belleli

Councillor Roberts

Councillor D'Souza

Councillor Shurey

Councillor Garcia

 

Councillor Moore

 

Councillor Nash

 

Councillor Neilson

 

Councillor Seng

 

Councillor Smith

 

Councillor Stavrinos

 

Total (3)

Councillor Stevenson

Total (10)

 

AMENDMENT: (Matson/-) that:

 

a)        the staff recommendation be adopted.

 

b)        the General Manager conduct an investigation into the effectiveness of the community consultation undertaken by the  Kensington West Kingsford Precinct Committee in relation to this matter and bring back a report to the next meeting of this Committee, after the investigation. LAPSED FOR THE WANT OF A SECONDER.

 

AMENDMENT: (Roberts/Belleli) that the application be deferred pending amended plans to allow for the retention of a five-a-side soccer facility and the parking requirements for the community centre. LOST.

 

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

 

FOR

AGAINST

Councillor Belleli

Councillor Garcia

Councillor D'Souza

Councillor Matson

Councillor Roberts

Councillor Moore

Councillor Stevenson

Councillor Nash

 

Councillor Neilson

 

Councillor Seng

 

Councillor Shurey

 

Councillor Smith

 

Councillor Stavrinos

Total (4)

Total (9)

 

AMENDMENT: (Stevenson/-) that the application be deferred to allow the 16 parking spaces to be removed and the inclusion of extra recreational facilities including six-a-side soccer and/or a leash-free dog area and that the matter come back to Council for determination. LAPSED FOR THE WANT OF A SECONDER.

 

AMENDMENT: (Stevenson/-) that the application be deferred to allow for the proposed (16) parking spaces to be removed. LAPSED FOR THE WANT OF A SECONDER.

 

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

 

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

 

FOR

AGAINST

Councillor Belleli

Councillor Roberts

Councillor D'Souza

 

Councillor Garcia

 

Councillor Matson

 

Councillor Moore

 

Councillor Nash

 

Councillor Neilson

 

Councillor Seng

 

Councillor Shurey

 

Councillor Smith

 

Councillor Stavrinos

 

Councillor Stevenson

 

Total (12)

Total (1)

 

Cr Bowen returned to the meeting at this point (8.15pm).

 

 

D41/15     Development Application Report - 4B Neptune Street, Coogee (DA/250/2015)

PL52/15

RESOLUTION: (Stavrinos/Shurey) 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. 250/2015 for Remediation and replacement works of the Caretaker’s Cottage at Wylie’s Baths (Heritage Item)., at No. 4B Neptune Street, Coogee, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non standard conditions

·      Works should be carried out in accordance with all of the drawings relevant to the works including all of the Remedial Works drawings (Ground Floor Remedial Works, Lower Ground Floor Remedial Works, Sections Remedial Works, Typical Details Sub-floor Posts Remedial Works, Sections Remedial Works and Typical Details Stud-Posts Remedial Works) in addition to the Measured Drawings. 

 

·      The key policy recommendations provided in the Heritage and Structural Advice report and the Heritage Impact Statement are to be implemented in conjunction with the proposed development.  An architect suitably qualified and experienced in heritage conservation shall be engaged to oversee the implementation to ensure the use of technically sound and appropriate techniques.  All work shall be carried out in accordance with the principles of the Australia ICOMOS Burra Charter and to the satisfaction of the Director City Planning.

 

Non standard advisory notes

·      Any replacement of further additional building elements (such and windows and doors) are to be the subject of a further separate development application or Section 96 application. 

 

·      This approval does not allow the removal of State significant archaeological relics. If relics are discovered, work must cease in the affected area and the Heritage Council must be notified in writing in accordance with section 146 of the Heritage Act 1977. Depending on the nature of the discovery, assessment and possibly an excavation permit may be required prior to the recommencement of excavation in the affected area.

 

·      If any Aboriginal objects are discovered on the site, excavation or disturbance is to cease and the Office of Environment & Heritage is to be informed in accordance with Section 91 of the National Parks and Wildlife Act 1974.

 

MOTION: (Stavrinos/Shurey) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

D42/15     Development Application Report - 6 Conway Avenue, Randwick (DA/256/2015)

PL53/15

RESOLUTION: (Smith/Stavrinos) 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. DA256/2015 for alterations and additions to a heritage item, at No. 6 Conway Avenue, Randwick, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non standard conditions

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements:

 

a.   The layout of the proposed kitchen/ dining area is to incorporate 200mm nib wall and beam projecting below ceiling level, as evidence of the original layout of the building.

 

Heritage

3.       All original decorative ceilings, timber architraves, skirting boards, plate/picture rails and fireplaces are to be retained.

 

4.       The colours, materials and finishes of the new external surfaces to the building are to match the existing adjacent painted render surfaces or conform with the wall finishes/colours identified as representing the inter-war period in the Randwick DCP.

 

5.       Unpainted surfaces, e.g. brickwork/stonework are to remain unpainted and no applied finishes are to be used.

 

MOTION: (Smith/Stavrinos) CARRIED – SEE RESOLUTION.

 

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

 

FOR

AGAINST

Councillor Belleli

Councillor Matson

Councillor Bowen

 

Councillor D'Souza

 

Councillor Garcia

 

Councillor Moore

 

Councillor Nash

 

Councillor Neilson

 

Councillor Roberts

 

Councillor Seng

 

Councillor Shurey

 

Councillor Smith

 

Councillor Stavrinos

 

Councillor Stevenson

 

Total (13)

Total (1)

 

 

 

D43/15     Development Application Report - 408 Malabar Road, Maroubra (DA/1053/2010/A)

 

 

 

PL54/15

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

 

RESOLUTION: (Stavrinos/Smith) 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. 1053/2010/A to increase the size of the garage and rumpus room and alter the roof design at No. 408 Malabar Road, Maroubra, subject to the following conditions contained in this report:

 

·        Amend Condition 1 to read:

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

Received

1 of 7 (Issue B)

-

10/03/2011

11 March 2011

2 of 7 (Issue B)

-

10/03/2011

11 March 2011

3 of 7 (Issue B)

-

10/03/2011

11 March 2011

4 of 7 (Issue B)

-

10/03/2011

11 March 2011

5 of 7 (Issue B)

-

10/03/2011

11 March 2011

6 of 7 (Issue B)

-

10/03/2011

11 March 2011

7 of 7 (Issue B)

-

10/03/2011

11 March 2011

 

Except as amended by the Section 96 ‘A’ plans and supporting documentation listed below:

 

Plan

Drawn by

Dated

Received

1 of 7 (Issue A)

-

23/10/2014

6 February 2015

2 of 7 (Issue A)

-

23/10/2014

6 February 2015

3 of 7 (Issue A)

-

23/10/2014

6 February 2015

4 of 7 (Issue A)

-

23/10/2014

6 February 2015

5 of 7 (Issue A)

-

23/10/2014

6 February 2015

6 of 7 (Issue A)

-

23/10/2014

6 February 2015

7 of 7 (Issue A)

-

23/10/2014

6 February 2015

 

Only in so far as they relate to the modifications highlighted on the section 96 plans and detailed in the Section 96 application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

Cr Bowen returned to the meeting at this point (8.35pm).

 

 

D44/15     Development Application Report - 79 Denning Street, South Coogee (DA/127/2015)

PL55/15

RESOLUTION: (Stavrinos/Shurey) -

 

A.     That Council supports the exceptions to development standards under Clause 4.6 of Randwick Local Environmental Plan 2012 in respect to non-compliance with Clause 4.3(2) of Randwick Local Environmental Plan 2012 of Randwick Local Environmental Plan 2012, relating to Height of Buildings, 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 & Environment 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/127/2015 for alterations and new upper level addition to the existing dwelling house including the provision of a spa to the rear of the property, at No. 79 Denning Street, South Coogee, subject to the standard conditions contained in the development application compliance report attached to this report.

 

MOTION: (Stavrinos/Shurey) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

D45/15     Development Application Report - A401/106 Brook Street, Coogee (DA/134/2015)

PL56/15

RESOLUTION: (Stavrinos/Shurey) -

 

A.     That Council supports the exceptions to development standards under Clause 4.6 of Randwick Local Environmental Plan 2012 in respect to non-compliance with Clauses 4.3 of the Randwick Local Environmental Plan 2012, relating to 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 & Infrastructure 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/134/2015 for Installation of a new vergola structure above the existing terrace of Unit A401 subject to the standard conditions contained in the development application compliance report attached to this report.

 

MOTION: (Stavrinos/Shurey) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

D46/15     Development Application Report - 307 -327R Fitzgerald Avenue, Maroubra (DA/265/2015)

PL57/15

RESOLUTION: (Stavrinos/Shurey)  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. 265/2015 for temporary use of the northern part of Arthur Byrne Reserve for Great Euro Circus event from 22 June 2015 to 12 July 2015 and installation of temporary structures, at 307-327R Fitzgerald Avenue, Maroubra,  subject to the attached conditions of consent: 

 

DEVELOPMENT CONSENT 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 Number / Title

Dated

Received

Prepared By

Untitled aerial photograph showing location of event

 

Undated

24 April 2015

-

Harcourt Calculation Sheets 1 – 11 

15 Jul 2002

22 May 2015

Robert Harcourt & Associates

Harcourt Calculation Sheets 1 – 8 

Mar 2002

22 May 2015

 Robert Harcourt & Associates

Baytex Drawing 15.017.1e (Titled: 4 Pole Tent with 4m Side Walls Plan & Elevations)

8 Feb 2002

22 May 2015

Baytex Manufacturing Company Ltd and marked up by Wade Design Engineers

Baytex Drawing 15.026.002 (Titled: Foyer Tent Plan & Elevation Drawing)

21 Jun 2004

Baytex Drawing 15.017.3 (Titled: Main Tent Plan & Elevation showing Principle Dimensions)

25 Mar 2002

Baytex Drawing Witches Hat Dims (Tilted: Foyer Tent Witches Hat)

10 Jun 2004

Baytex Drawing 15.012.11 (titled: Cucola Construction Details 12m x 2m Steel Frame)

29 May 2001

Baytex Drawing 15.012.13c (titled: Cupola Fabrication Details Components & Assemblies)

11 Jun 2001

DesignPac Seating System 5575A

30 Jan 2002

22 May 2015

Osman DessignPac

DesignPac Seating System 5575B

30 Jan 2002

DesignPac Seating System 5575C

30 Jan 2002

DesignPac Seating System 5575D

30 Jan 2002

DesignPac Seating System 5575E

30 Jan 2002

DesignPac Seating System 5575F

30 Jan 2002

Emergency Evacuation Procedures Manual

Ref: J28264-1

10 Oct 2012

24 April 2015

Trevor R. Howse & Associates Pty. Limited

 

Audience Numbers

2.       The maximum number of patrons for each performance must be limited to 1,032 persons. The event operator must ensure that this limit is not exceeded for all performances.

 

Hours of Operation

3.       The performances are restricted to the following hours:

 

Date

Permitted Performance Time

25 June 2015 (Thursday)

7:00PM to 9:30PM

26 June 2015 (Friday)

7:00PM to 9:30PM

27 June 2015 (Saturday)

1:30PM to 9:30PM

28 June 2015 (Sunday)

12:00 Noon to 2:30PM

29 June 2015 (Monday)

No Performance

30 June 2015 (Tuesday)

2:00PM to 4:30PM

1 July 2015 (Wednesday)

1:30PM to 9:30PM

2 July 2015 (Thursday)

2:00PM to 4:30PM

3 July 2015 (Friday)

1:30PM to 9:30PM

4 July 2015 (Saturday)

1:30PM to 9:30PM

5 July 2015 (Sunday)

12:00 Noon to 4:30PM

6 July 2015 (Monday)

No Performance

7 July 2015 (Tuesday)

2:00PM to 4:30PM

8 July 2015 (Wednesday)

1:30PM to 9:30PM

9 July 2015 (Thursday)

2:00PM to 4:30PM

10 July 2015 (Friday)

1:30PM to 9:30PM

11 July 2015 (Saturday)

1:30PM to 9:30PM

12 July 2015 (Sunday)

12:00 Noon to 2:30PM

 

4.       No rehearsals are allowed before 9AM or later than 9PM, daily.

 

5.       No maintenance works are allowed before 9AM or later than 9PM, daily.

 

6.       In accordance with Randwick City Council is adopted Fees and Charges (2014/2015) a fee of $1170 (ex GST) will apply for each performance. Based on the submitted Performance Schedule, 25 shows are proposed. The fee payable for this event $29250 (ex GST), this does not include fees for Food Registration and other relevant application fees.

 

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

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

 

8.       An Activities and Events Application for Parks, Reserves, Beaches and Streets must be submitted to and approved by Council, prior to the issuing of any Construction Certificate for the temporary structures. (For further information on this application, please contact Council’s Open Space Booking Officer, Ms Nerida Ayshford, on 9399 0539.)

 

Waste Management 

9.       A Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required to be submitted to and approved by Council’s Director of City Services prior to a Construction Certificate being issued for the development.

 

The Waste Management Plan is required to be prepared in accordance with Council’s Waste Management Guidelines for Proposed Development and must include the following details (as applicable):

 

-     The type and quantity of waste to be generated by the development.

-     Details of the proposed recycling and waste disposal contractors.

-     Waste storage facilities and equipment.

-     Access and traffic arrangements.

 

Further details of Council’s requirements and guidelines, including pro-forma Waste Management Plan forms can be obtained from Council’s Customer Service Centre. 

 

Construction Traffic Management 

10.     A detailed Site Traffic Management Plan must be submitted to and approved by Council’s Integrated Transport, prior to a Construction Certificate being issued for the development.

 

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

 

·           A description of any 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 parking layout).

·           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 related activities and vehicular movements to and from the site.

·           Current / proposed approvals from other Agencies and Authorities (including NSW Roads and Maritime Services, Police and State Transit Authority), where applicable.

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

·           Measures to maintain public safety and convenience.

 

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.

 

Building Code of Australia & Fire Safety

11.     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 are to be provided in the construction certificate.

 

12.     All new work (including erection of tents and fit-out work) and fire safety works are to be carried out in accordance with the relevant provisions of the Building Code of Australia (BCA) and details are to be included in the Construction Certificate, to the satisfaction of the Certifying Authority.

 

Access & Facilities

13.     Access and facilities for people with disabilities must be provided to the satisfaction of the Certifying Authority and details are to be provided with the Construction Certificate application.

 

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.

 

Public Liability

14.     The circus operator / applicant is required to hold Public Liability Insurance, with a minimum liability of $10 million against any claim which may arise as a result of this activity. A copy of the Insurance cover is to be provided to the Principal Certifying Authority and Council.

 

Certification, PCA & other Regulatory Requirements

15.     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)     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

 

d)     at least two days notice must be given to the Council, in writing, prior to commencing any works; and

 

e)     the relevant requirements of the Home Building Act 1989 (as applicable) must be complied with and details provided to the Principal Certifying Authority and Council.

 

Construction Noise & Vibration

16.     Noise and vibration emissions during the erection of the tents and associated site works must not result in damage to the park/reserve or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

 

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.

 

Building Inspection Requirements

17.     The 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.

 

Permitted Working Hours

18.     Building/erection of tents 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

 

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.

 

Site Management

19.     Public health, safety and convenience must be maintained at all times during demolition and building works and the following requirements must be complied with at all times:

 

a)     A sign must be provided and maintained in a prominent position at the site, which contains the following details:

 

·     name and telephone number of the manager, including a telephone number at which the person may be contacted outside working hours,

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

 

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

 

c)     Bulk bins, waste containers or 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 or other articles in a public place can be made to Council’s Building Services section.

 

Public safety must be maintained at all times and public access to any building works, materials and equipment on the site is to be restricted. If necessary, a temporary safety fence or hoarding (having a minimum height of 1.5m) is to be provided to protect the public.

 

d)     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.

 

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

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

 

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

 

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.

 

 

General Requirement

21.     It is a condition of approval that the activity complies with any applicable standards established by the Local Government Act 1993 and Regulation.

 

Public Place, Maintenance and Operational Requirements

22.     The event is not to begin until a first aid officer is on site.

 

23.     The applicant is required to indemnify Council against all claims, which might arise from the use of the reserves / public place.

 

24.     A Damage Deposit for the amount of $10,000 is required to be made in the name of Randwick City Council, to be claimed in part or full by Council should the grounds not be reinstated to the same condition it was prior to the use of the grounds.

 

25.     The applicant and all personnel associated with the activity / event must observe and comply with any directions given by any authorised Council Officer, including requirements and directions relating to the use of the ground, vehicles entering and leaving the reserve, location of plant and equipment, use of grass surfaces, public health and safety and environmental amenity.

 

26.     The applicant must bear the Council’s cost of repairing any damage to the public place / reserve, including any irrigation systems and pathways, that may result as a consequence of the activity / event.

 

27.     A written undertaking is to be provided by the applicant/event organizer, to make good any damage that may occur to the public place as a result of the carrying out of the activity, to the satisfaction of Council.

 

28.     The applicant is required to notify the nominated Council Officer detailed below, not less than three (3) working days prior to the commencement of the activity / event to ascertain any special operational requirements that may have to be satisfied for the duration of the activity / event. The below officer will also arrange additional toilet cleaning and keys to the park, if necessary.

 

Mr. Chris Hunter

Open Space Co-ordinator

Telephone No. 0404 070 510

 

29.     The applicant is required to contact the nominated Council Officer, detailed below to make the necessary arrangements for an inspection and photographic survey being undertaken by Council Officer prior to and after the event, to identify any items which may be damaged and be required to be reinstated. Please contact Chris Hunter on 9399 0727 or Nerida Ayshford on 9399 0539 to arrange pre-event and post-event inspections. Once the event is finished, a written request to Council is required to have the damage deposit returned.

 

30.     Vehicles associated with the activity must be legally parked at all times.

 

31.     Vehicles for the erection and dismantling of equipment are not to be parked on the reserve / park, footpath or nature strip, without the prior consent of Council or one of its authorised officers.

 

32.     This approval does not permit the closing of all or part of the road to traffic at any time, except with the specific written approval of the Council, NSW Police and (if applicable) the Roads and Maritime Services.

 

33.     Approval must be obtained from the NSW Traffic Police prior to the activity / event. In this regard, please contact Sgt Karen Griffiths, Traffic Section, Eastern Beaches Local Area Command, Maroubra Police Station on 9349 9301, to seek to obtain the necessary approval.

 

34.     Unrestricted access to properties within the area affected by the activity must be maintained for residents at all times.

 

35.     A minimum 1.5m wide pedestrian access path is to be maintained around the perimeter of the activity.

 

36.     Pedestrian access areas and paths must not be obstructed at any time.

 

37.     Cables or other equipment must not obstruct any pedestrian access paths at any time.

 

38.     If cables are located within pedestrian access paths, they must be fully secured at a height of 2.7m above the access path or they must be placed within a safe pedestrian access platform.

 

39.     A 1.8m high cyclone wire temporary fence is to be provided to the perimeter of the designated area, to the satisfaction of Council.

 

40.     The placing of advertisements, banners, and the like on Council’s perimeter fencing, trees, tree guards or any other park or landscape fixtures, fittings or structures is prohibited.

 

41.     The area and all facilities must be maintained in a clean and tidy condition, and the area / facilities must be thoroughly cleaned up immediately after the activity / event, to the satisfaction of Council.

 

42.     Temporary structures, marquees, stages, temporary fences and other equipment must be dismantled and removed immediately after the activity has finished, unless the specific written consent of Council has been obtained beforehand.

 

43.     No trees, shrubs or other vegetation are to be damaged or removed or lopped.

 

44.     Prior to the activity / event, the applicant shall distribute a notice to the residents of adjoining properties and other nearby premises advising of the activity / event and providing the following details:

 

-      Details of the activity / event

-      Time and date(s) when the activity / event will occur

-      The name and relevant details of the applicant and organiser of the activity / event

-      Contact details for the relevant person to whom further enquiries can be obtained

-      Any other information that may be required to properly and fully describe the event, including any measures to maintain reasonable levels of amenity and safety.

 

45.     Advertising and marketing of the activity/event shall promote the use of public transport to the activity.

 

46.     The State Transit Authority can be contacted on 02 9245 5777, to advise of the activity and to arrange for additional bus services if required.

 

47.     The use of firearms, explosives or lighting of fires is not permitted.

 

48.     Any temporary structures, marquees, stages, play equipment and other devices or the like must be structurally adequate and sufficiently secured to the ground at all times.

 

49.     A minimum of nine (9) unisex toilets and one (1) accessible / disabled toilet must be provided during the entire duration of the event.

 

50.     The use or sale of helium filled balloons is not permitted within Randwick, in accordance with Council resolution of 26 October 1999.

 

51.     The relevant requirements of WorkCover New South Wales and the Work, Health & Safety Act 2011, are required to be complied with at all times.

 

Animals Management

52.     The collection of manure shall be made on a daily basis.

 

53.     All manure shall be collected and stored in suitable vermin proof containers with a close fitting lid. All manure shall be stored a minimum of 50 metres from any residential property.

 

54.     The operation of the circus in relation to animals shall be carried out in accordance with the requirements of the following:

 

·      Prevention of Cruelty to Animals Act 1979

·      Prevention of Cruelty to Animals Regulation 2012

·      Exhibited Animals Protection Act 1986

·      Exhibited Animals Protection Regulation 2010

·      Standards for Exhibiting Circus Animals in New South Wales

 

Environmental Amenity

55.     The activity / event shall not give rise to an environmental health or public nuisance or affect public safety and convenience.

 

56.     The use and operation of the premises shall not give rise to an environmental health or public nuisance, cause a vibration nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

57.     There are to be no emissions or discharges from the premises which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

58.     The use of amplified equipment P.A system is not permitted external to temporary structures (i.e. tents).

 

59.     Amplified music equipment shall only be operated during performances.

 

60.     Speakers shall be faced away from nearby residential premises and all speakers where practicable shall be directed downwards.

 

61.     The proposed use of the premises and the operation of all plant and equipment (including generators) must not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

62.     A report, if requested by Council, must be obtained from a suitably qualified and experienced consultant in acoustics within 48 hours, which demonstrates and certifies that noise and vibration from the development (including all plant and equipment) satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Office of Environment & Heritage/Environment Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s development consent.  A copy of the report is to be forwarded to the Council with or prior to the issuing of an Occupation Certificate.

 

Waste Management

63.     Adequate provisions are to be made within the confines of the premises for the storage, collection and disposal of waste and recyclable materials, to the satisfaction of Council, prior to commencing business operations.

 

The waste storage area must not be within any areas used for the preparation or storage of food.

 

A tap and hose is to be provided within or near the waste storage area and suitable drainage provided so as not to cause a nuisance.

 

Waste/recyclable bins and containers must not be placed on the footpath (or road), other than for waste collection, in accordance with Council’s requirements.

 

64.     Trade / commercial waste materials must not be disposed via council’s domestic garbage service.  All trade/commercial waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales and details of the proposed waste collection and disposal service are to be submitted to the Council prior to commencing operation of the business.

 

65.     Adequate waste receptacles and ash trays must be provided and the area must be thoroughly cleaned up immediately after the activity/event, to Council’s satisfaction.

 

66.     The operator of the business must also arrange for the recycling of appropriate materials and make the necessary arrangements with an authorised waste services contractor accordingly.

 

Food Compliance 

67.     The selling or serving of alcoholic drinks to the audience is prohibited at all times.

 

68.     All temporary food Stalls/Vendors must complete a temporary food premises registration form which must be submitted to Council 10 days prior to the commencement of the event.

 

Approval for the temporary food premises must be obtained from Council’s Environmental Health team prior to the event. Payment for the registration must be received by Council before an approval can be issued.

 

69.     If applicable liquid trade waste materials are to be drained to the sewer (via a suitable grease trap) and details of compliance are to be submitted to the Certifying Authority.

 

70.     Any portable toilet facilities are to be designed and installed to incorporate temporary chemical water closets approved under the Local Government Act 1993. The toilets shall be maintained in a clean and sanitary condition at all times. 

 

71.     The requirements of the Food Act 2003 and Food Safety Standards must be complied with at all times.

 

72.     Food safety practices and operation of the food premises must be in accordance with the Food Act 2003, Food Regulation 2004, Food Standards Code and Food Safety Standards at all times, including the requirements and provisions relating to:

 

a.   Food handling – skills, knowledge and controls

b.   Health and hygiene requirements

c.   Requirements for food handlers and businesses

d.   Cleaning, sanitizing and maintenance

e.   Design and construction of food premises, fixtures, fitting and equipment

 

73.     A failure to comply with the relevant food safety requirements is an offence and may result in legal proceedings, serving of notices and/or the issuing of on the spot penalty infringement notices.

 

74.     The Proprietor of the food business and all staff carrying out food handling and food storage activities must have appropriate skills and knowledge in food safety and food hygiene matters, as required by the Food Safety Standards.

 

75.     The food vendor must be registered with Council’s Environmental Health Section and the NSW Food Authority must also be notified of the food business in accordance with the Food Safety Standards, prior to commencement of food business.

 

76.     Temporary food premises, stalls, vendors or the like must comply with the relevant requirements of Council’s Temporary Food Premises Code or Council’s Code for the Construction and Use of Food Vending Vehicles, as applicable.

 

77.     Temporary food stalls and food vendors must satisfy the following construction and operational requirements:

 

·      The surfaces of all food preparation and service areas must be of good quality construction, with impervious washable surfaces.

 

·      All food preparation and service areas must be kept thoroughly clean at all times.

 

·      Food vendors and personnel must wear suitable clean clothing.

 

·      Food shall not be handled without tongs, utensils or suitable hygienic gloves, wherever possible.

 

·      The food must not be handled or stored in a manner, which may cause contamination of the food. This includes cross contamination between cooked and uncooked food, including: poor handler technique; handling food without suitable hygienic gloves; contamination from animals or pests; storage or display of food where it can be touched or sneezed upon by the public and use of unclean utensils and equipment.

 

·      Food shall be stored at least 750mm above ground surfaces. Food shall be kept covered or stored in closed containers, so as to prevent contamination (except when the food is being prepared and served).

 

·      All condiments such as sauce, mustard and the like shall be contained in squeeze type dispensers or in individual sealed packs and only disposable eating and drinking utensils are to be used.

 

·      Food stalls should be provided with a roof and three sides, which are covered with plastic sheeting, vinyl or other suitable impervious material.

 

·      The ground surface area within the food preparation, storage and service areas must be of suitable construction or covering, so as to ensure that the area is able to be kept clean and free from dirt, mud and dust or the like, at all times.

 

·      Readily accessible washing facilities must be provided for washing of utensils, equipment and hands. The washing facilities must include adequate washing water and rinsing water and warm water is to be made available for washing.

 

·      These requirements may be achieved by using appropriate facilities within a building, proprietary washing facilities and equipment or, the provision of separate plastic dishes of sufficient capacity for adequate cleaning of hands and utensils and a supply of hot and cold water being immediately available to the food stall operator/s.

 

·      Washing facilities must include an adequate supply of hand towels, liquid soap and detergent and sufficient facilities shall be provided to serve each food stall.

 

·      Waste water shall not be disposed of in a manner which would give rise to a pollution offence under the Protection of the Environment Operations Act 1997.

 

·      All heating and cooking equipment including open flame barbeques and cooking plates shall be located within the stall or otherwise suitably protected from contamination, including by dust, overhanging trees, birds and the public.

 

·      Cooking and heating equipment shall not be located within reach of the public.

 

·      Temporary refrigeration unit/s or mobile cool room or refrigerated containers must be provided for the storage of perishable foodstuffs at a temperature of not more than 5 degrees Celsius.

 

·      Potentially hazardous food is required to be kept at a temperature of at or below 60 degrees Celsius or, at or below 5 degrees Celsius.

 

·      Potentially hazardous food includes raw and cooked meat, seafood, smallgoods, dairy products and deserts, food containing raw or cooked meat, cooked rice and pasta, foods containing eggs, beans or nuts, pizza’s, quiche, sandwiches, etc.

 

·      Smoking is not permitted in any food preparation, storage or service areas.

 

·      Adequate waste receptacles with lids are to be provided to serve each food stall / vendor.

 

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

 

A2      The assessment of this development application does not include an assessment of the proposed building work under the Building Code of Australia (BCA).

 

All new building work must comply with the BCA and relevant Australian Standards and details of compliance must be provided in the Construction Certificate application.

 

A3      You may contact Council’s Manager Waste Services, Mr. Mark Bush, on 0418 229 240, to arrange additional bins and the collection of waste.

 

MOTION: (Stavrinos/Shurey) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

D47/15     Development Application Report - 15 Monmouth Street, Randwick (DA/910/2014)

 

 

 

 

PL58/15

Note: A rescission motion on this item was submitted by Councillors Matson, Neilson and Shurey in accordance with Council’s Code of Meeting Practice and will be considered at the next Ordinary Council Meeting on 23 June 2015.

 

RESOLUTION: (Garcia/D’Souza) 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/910/2014 for alterations and additions to the existing dwelling house including extension of the upper level, at No. 15 Monmouth Street, Randwick, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Non-standard conditions

 

Amendment of Plans & Documentation

2.       The approved plans and documents must be amended in accordance with the following requirements:

 

a)   A privacy screen having a height of 1.6 m above floor level must be provided to northern side of the first floor rear balcony.  The privacy screen must be constructed of metal or timber and the total area of any openings within the privacy screen must not exceed 25% of the area of the screen.  Alternatively, the privacy screen may be constructed with translucent, obscured, frosted or sandblasted glazing in a suitable frame.

b)   The following window/s must have a minimum sill height of  1.6m above floor level, or alternatively, the window/s are to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height:

 

·      First floor south facing bedroom windows

 

Alternatively

External privacy screens may be attached to the south facing first floor windows to a minimum height of 1.6m above the internal floor level. The external privacy screens must be configured to restrict overlooking into the habitable rooms of the dwelling opposite at No. 17 Monmouth Street. The external privacy screens must be installed prior to the issue of any occupation certificate.

 

MOTION: (Neilson/Matson) that the application be deferred to allow for amended plans to increase the setback on the Southern side by an additional 600mm (to 1.2m). LOST.

 

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

 

FOR

AGAINST

Councillor Matson

Councillor Belleli

Councillor Neilson

Councillor Bowen

Councillor Shurey

Councillor D'Souza

 

Councillor Garcia

 

Councillor Moore

 

Councillor Nash

 

Councillor Roberts

 

Councillor Seng

 

Councillor Smith

 

Councillor Stavrinos

 

Councillor Stevenson

Total (3)

Total (11)

 

MOTION: (Matson/Smith) that the application be deferred for mediation, but if the offer of mediation is declined, the matter be reported back to the June 2015 Council Meeting for determination. LOST.

 

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

 

FOR

AGAINST

Councillor Bowen

Councillor Belleli

Councillor Matson

Councillor D'Souza

Councillor Nash

Councillor Garcia

Councillor Neilson

Councillor Moore

Councillor Shurey

Councillor Roberts

Councillor Smith

Councillor Seng

 

Councillor Stavrinos

 

Councillor Stevenson

Total (6)

Total (8)

 

MOTION: (Garcia/D’Souza) CARRIED – SEE RESOLUTION.

 

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

 

FOR

AGAINST

Councillor Belleli

Councillor Matson

Councillor Bowen

Councillor Neilson

Councillor D'Souza

Councillor Shurey

Councillor Garcia

 

Councillor Moore

 

Councillor Nash

 

Councillor Roberts

 

Councillor Seng

 

Councillor Smith

 

Councillor Stavrinos

 

Councillor Stevenson

 

Total (11)

Total (3)

 

Miscellaneous Reports

 

M4/15       Miscellaneous Report - Review of the 2014-15 Annual Operational Plan - March Quarterly Report (F2014/03001)

PL59/15

RESOLUTION: (Smith/Bowen) that the information contained in the March 2015 Review of the 2014-15 Annual Operational Plan be received and noted.

 

AMENDMENT: (Stevenson/-) that in relation to S003 the wording be changed to; “that the Council announce to the media a proposal”. LAPSED FOR THE WANT OF A SECONDER.

 

MOTION: (Smith/Bowen) CARRIED - SEE RESOLUTION.

  

Notice of Rescission Motions

A rescission motion on Item D47/15 (Development Application – 15 Monmouth Street, Randwick) was submitted by Councillors Matson, Neilson and Shurey in accordance with Council’s Code of Meeting Practice and will be considered at the next Ordinary Council Meeting on 23 June 2015.

 

 

The meeting closed at 9.03pm.

 

 

The minutes of this meeting were confirmed at the Planning Committee Meeting of the Council of the City of Randwick held on Tuesday, 14 July 2015.

 

 

 

 

 

 

 

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

CHAIRPERSON