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Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

Tuesday 23 February 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 1300 722 542

Fax: 02 9319 1510

 council@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council                                                                                               23 February 2016

 

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Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, First Floor, 90 Avoca Street, Randwick on Tuesday, 23 February 2016 at 6:00pm

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Acknowledgement of the local indigenous people

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

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 8 December 2015

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Privacy warning;

In respect to Privacy & Personal Information Protection Act, members of the public are advised that the proceedings of this meeting will be recorded for the purposes of clause 69 of Council’s Code of Meeting Practice.

Audio/video recording of meetings prohibited without permission;

A person may be expelled from a meeting for using, or having used, an audio/video recorder without the express authority of the Council.

Mayoral Minutes

MM1/16     Renaming Bowen Library & Community Centre (to Lionel Bowen Library & Community Centre)............................................................................................. 1

MM2/16     Recognition of Randwick Council's First Mayor, Simeon Pearce..................... 3

MM3/16     Welcome to Country and Reading of Prayer at Council Meetings................... 5

MM4/16     Waiving of Fees - Surfing NSW.............................................................. 7

MM5/16     World Marathon Challenge - Heather Hawkins........................................... 9

MM6/16     Coogee Surf Life Saving Club representative on Wylie's Baths Trust............ 11

MM7/16     Joint Chinese New Year Celebrations with the City of Botany Bay................ 13

MM8/16     Waiver of fees for Maroubra Swim Clubs five Carnivals to be held in 2016 at the Des Renford Leisure Centre....................................................................... 15

MM9/16     Acknowledgement of the Oustanding Career of Detective Superintendent Gavin Dengate...................................................................................................... 17   

Further Mayoral Minutes, if any, will be distributed on the night of the meeting.

Urgent Business

Director City Planning Reports (record of voting required)

 

In accordance with Section 375A of the Local Government Act, the General Manager is required to keep a register of Councilor voting on planning matters. Planning matters are any decisions made in the exercise of a function of a council under the EP&A Act and include decisions relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act. In addition, Randwick City Council has resolved (22 July 2008) that its register of voting include the voting on all tender matters.

CP1/16      30 Napier Street, Malabar (DA/620/2015).............................................. 21

CP2/16      9 Glenwood Avenue, Coogee (DA/203/2015)........................................... 31

CP3/16      15 Bond Street, Maroubra (DA/566/2013/A)........................................... 75

Director City Planning Reports (record of voting NOT required)

CP4/16      Anzac Day Dawn Service at Coogee Beach............................................. 81

CP5/16      Status Report on Kingsford & Kensington Town Centre Review - Issues Paper 85

General Manager's Reports

GM1/16     Continuation of Community Partnership with South Sydney Football Club in 2016        93

GM2/16     Local Government Reform Update and Submissions................................. 97

GM3/16     Review of the Randwick City Council 2015-16 Operational Plan - December Quarter    177

Director City Services Reports

Nil

Director Governance & Financial Services Reports

GF1/16      Quarterly Budget Review - December 2015........................................... 185

GF2/16      Code of Meeting Practice - proposed amendments................................. 207

GF3/16      Investment Report - November 2015................................................... 211

GF4/16      Investment Report - December 2015................................................... 219

GF5/16      Investment Report - January 2016...................................................... 227

GF6/16      Youth Advisory Committee - replacement delegate................................. 235  

Petitions

Motion Pursuant to Notice

NM1/16     Notice of Motion from Cr Matson - Trailer boat parking in Dudley Street, Coogee and around Barker Park.......................................................................... 237

NM2/16     Notice of Motion from Cr Matson - Council response to proposed Biodiversity Conservation Act with reference to Malabar Headland and other green spaces 239

NM3/16     Notice of Motion from Cr Stavrinos - Proposed review of current planning laws with respect to short-term accommodation................................................. 241

NM4/16     Notice of Motion from Cr Stavrinos - Unused car spaces and garages........ 243

NM5/16     Notice of Motion from Cr Bowen - Call for Design Review for Light Rail...... 245

NM6/16     Notice of Motion from Cr Moore - Balfour Lane Urgent Erosion Prevention Strategies  247

NM7/16     Notice of Motion from Cr Neilson - Supporting a legal challenge to the process of forced amalgamations................................................................................ 249

NM8/16     Notice of Motion from Cr Roberts - Extending the Light Rail to Maroubra Junction and beyond.......................................................................................... 251  

Closed Session

CP6/16      9 Glenwood Avenue, Coogee - (Confidential) (DA/203/2015)

This matter is considered to be confidential under Section 10A(2) (e) Of the Local Government Act, as it deals with information that would, if disclosed, prejudice the maintenance of law.

 

GF7/16      Tender for Emotional Resilience and Positive Self-Management - No. T2016-11

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.

  

Notice of Rescission Motions

NR2/16     Notice of Rescission Motion submitted by Councillors D'Souza, Seng and Stevenson - 25 Jersey Road, Matraville (DA/643/2015)................................................ 253  

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Ordinary Council                                                                                               23 February 2016

 

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Mayoral Minute No. MM1/16

 

Subject:                  Renaming Bowen Library & Community Centre (to Lionel Bowen Library & Community Centre)

Folder No:                   F2012/00323

Author:                   The  Mayor, Cr Noel D'Souza      

 

Introduction

 

The foundation stone for the original Randwick City Council library (then known as the Maroubra Central Branch Library) was laid by the youngest ever mayor of Randwick, Lionel Frost Bowen in June 1951. This became Randwick's first free public library service, opening to the public on 12 July 1952, with a book stock of 9,500 items.

 

Issues

 

Undoubtedly the most traumatic event in our library history was what became known as the "Mother's Day Fire" of May 1987, when the Maroubra Central Branch Library was burnt beyond repair. 55,000 items, of the 75,000 adult book stock, were destroyed. The library's audio visual collection, then considered one of the best in NSW, was also destroyed. Months were spent cleaning and repairing what book stock could be salvaged.

 

Out of the ashes, rose the new Maroubra Central Branch Library named after Lionel Frost Bowen MP, the Bowen Library. On the opposite side of Maroubra Road to the 1969 building, our current home was opened to the public on Monday 9 September 1991. A few years later Council also opened a Community Centre above the library.

 

Lionel Bowen was elected to Randwick Council and became Mayor in 1948. He served in the NSW Legislative Assembly from 1962 to 1969, representing Randwick, before being elected to the Parliament of Australia in 1969, to the seat of Kingsford Smith in the House of Representatives. From 1972 to 1975 he served successively as Postmaster-General, Minister for Manufacturing Industry and Special Minister of State in the Whitlam cabinet.

 

When Gough Whitlam resigned as Labor leader after his defeat at the 1977 election, Bowen became Deputy Leader. He retained this position when Bob Hawke became Leader in February 1983. When Hawke won the March 1983 election, Lionel Bowen became Deputy Prime Minister and Minister for Trade in the first Hawke Ministry. In July 1983, he was appointed Vice-President of the Executive Council and in the second Hawke ministry, he became Attorney-General.

 

The Family Court of Australia and the Federal Magistrates Court are located in the Lionel Bowen Building in Goulburn Street, Sydney. Yet Randwick City’s main library is only known now as the Bowen Library & Community Centre. I feel it is now time to update the name to more fully reflect the esteemed man that it is named after, particularly given Lionel Bowen’s connection to Randwick City Council and the Council area, by including a reference to his first name and, thereby, changing the name of the Bowen Library & Community Centre to the Lionel Bowen Library & Community Centre.

 

 

 

Financial impact statement

 

Should the report recommendation be adopted, I propose a small function at the Lionel Bowen Library & Community Centre to mark the re-naming, which would be funded from the 2015-16 Contingency Fund. Promotion and advertising costs could be absorbed within the current Communications budget.

 

Conclusion

 

In a political career that spanned from the 1940’s through to the 1990’s, Lionel Bowen served as an Alderman and Mayor of Randwick City Council for 14 years, state member for Randwick for seven years and federal member for Kingsford Smith for 21 years.

 

To give full credit to the Lionel Bowen’s legacy, I feel that the Bowen Library & Community Centre should be renamed the Lionel Bowen Library & Community Centre and I recommend that this happens as soon as is practicable.

 

 

Recommendation

 

That the Bowen Library & Community Centre be re-named the Lionel Bowen Library & Community Centre.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               23 February 2016

 

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Mayoral Minute No. MM2/16

 

Subject:                  Recognition of Randwick Council's First Mayor, Simeon Pearce

Folder No:                   F2004/07108

Author:                   The  Mayor, Cr Noel D'Souza      

 

Introduction

 

As we enter into what is likely to be Randwick City Council’s final year, I feel we should look at leaving a legacy that will honour and pay tribute to some of the key contributors to making Randwick what it is today. One such person is Randwick Council’s founder and first ever Mayor, Simeon Pearce. The purpose of this mayoral minute is to get Council’s support to call for a report looking at options to acknowledge our founding father in an appropriate manner.

 

Issues

 

Simeon Pearce left England on 20 August 1841 on a four month voyage bound for Botany Bay. On 21 September 1847 Simeon Pearce purchased four and a half acres in a largely unused area and commenced building a home which was completed in 1848 and named Blenheim House. He gave his address as Blenheim House, Randwick which was named after the place of his birth. Thanks to a successful business career he began buying and selling property in the area and, as Commissioner of Crown Lands, began the development of the area including Randwick Post Office, St Jude’s Church and Avoca and High Streets in Randwick.

 

On 28 October 1858 Simeon Pearce organised a petition of seventy signatures to be lodged with the Governor the very day after the Municipalities Bill was assented to and was the first petition received under the new Act. As a result the Municipality of Randwick was proclaimed on 22 February 1859. On 29 March 1859 Randwick held its first poll and elected six men to the original Borough Council of Randwick. At its first meeting on 1 April 1859 Simeon Pearce was duly elected as its Chairman or what is known today as the Mayor.

 

It is clearly evident that the tireless working of Simeon Pearce was instrumental in the birth of Randwick Council and it is only fitting that a worthy tribute be determined to recognise his wonderful work over many many years.

 

Financial impact statement

 

There is no direct financial impact in calling for a report outlining options to appropriately acknowledge Simeon Pearce.

 

Conclusion

 

Options to be considered would include naming/renaming a building of local significance after Simeon Pearce.

 

 

Recommendation

 

That a report be brought back to Council detailing options to appropriately acknowledge Randwick Council’s first Mayor, Simeon Pearce in an appropriate manner.

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               23 February 2016

 

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Mayoral Minute No. MM3/16

 

Subject:                  Welcome to Country and Reading of Prayer at Council Meetings

Folder No:                   F2015/06574

Author:                   The  Mayor, Cr Noel D'Souza      

 

Introduction

 

Randwick City Council has for some time now commenced its meetings with a prayer and an acknowledgement to local indigenous people, both read out by Councillors. The purpose of this Mayoral Minute is to seek Council’s support to raise the profile of both of these important acknowledgements by having them performed on each occasion by a local religious leader and an indigenous elder.

 

Issues

 

Recent years have seen a surge in the number of human conflicts and associated tragedies. In light of the urgent need to work towards harmony between all religions I have formed the view that Randwick Council could at least show its commitment to this by inviting, on a rotating basis, religious leaders from all denominations to open our Council meetings with a prayer.

 

In addition, and to further strengthen Council’s ties with our local indigenous community, I thought it would be most fitting to invite one of our local Aboriginal Elders to open each Council meeting with a welcome to country. Such a welcome would be a wonderful way to begin our meetings and would also be appreciated and enjoyed by our residents in attendance.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

I think it would be most appropriate to start all our Council meetings on a real positive note by having the Council prayer led by a religious leader and the welcome to country being given by one of our local Aboriginal Elders. It will be the responsibility of a member of Council staff to invite these representatives.

 

 

Recommendation

 

That all Randwick City Council meetings commence with a prayer delivered by a religious leader and the welcome to country to be given by an Aboriginal Elder.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               23 February 2016

 

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Mayoral Minute No. MM4/16

 

Subject:                  Waiving of Fees - Surfing NSW

Folder No:                   F2016/00096

Author:                   The  Mayor, Cr Noel D'Souza      

 

Introduction

 

Council has received a request from Mr Mark Windon, Chief Executive Officer, Surfing NSW requesting the waiving of fees associated with their two upcoming events. The events are the Volcom Junior Event and the Southern Beaches Junior Regional Titles.  Both events will be held at Maroubra Beach.

 

Issues

 

The Volcom Junior Event will be held on 2 April 2016 and the Southern Beaches Junior Regional Titles will be held on the 14 and 15 May 2016.

 

The associated fees for both events include:

 

Saturday 2 April 2016 – Volcom Junior Event

              

Application Fee:                                        $170.00

Beach Usage Fee – day hire                         $519.00

Lifeguard @ $119.00 p/h x 8 hours              $952.00

Jet-ski @ $70.00 p/h x 8 hours                    $560.00

Total:                                                     $2,201.00

 

Saturday & Sunday 14/15 May 2016 – Southern Beaches Junior Regional Titles:

 

Application Fee:                                        $  170.00

Beach Usage Fee @ $519 x 2 days               $1,038.00

Lifeguard @ $119.00 p/h x 8 hours              $   952.00

Lifeguard @ $232.50 x 8 hours (Sunday)      $1,860.00

Jet-ski @ $70 p/h x 8 hours x 2 days           $1,120.00

Total:                                                     $5,140.00

TOTAL FOR BOTH EVENTS:                            $7,341.00

                        

Mark Windon has advised:

 

“both events will be strongly supported by our local junior surfers and will give them the opportunity to experience competitive surfing at the next level which is vitally important for their development pathway”.

 

Financial impact statement

 

Should Council accept the report recommendation, the direct financial implication to Council will be $7,341.00.  This will be funded from the 2016/2017 Contingency Fund.

 

Conclusion

 

Surfing NSW is planning the Volcom Junior Surfing event for 2 April 2016 and the Southern Beaches Junior Regional Titles for the 14 and 15 May 2016.  Surfing NSW has requested that the fees for these events be waived.

 

It is considered that both of these events will benefit the local community and promote Maroubra Beach as a surfing capital and tourist destination. Therefore, it is recommended that Randwick Council support both events by waiving the associated fees.

 

 

 

Recommendation

 

That:

 

a)     Council vote $7,341.00 in-kind support to Surfing NSW for the Volcom Junior Event on 2 April 2016 and the Southern Beaches Junior Regional Titles held on 14 and 15 May 2016.  Both events will be held at Maroubra Beach. The associated fees be charged to the 2016-17 Contingency Fund;

 

b)     Surfing NSW undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during both events; and

 

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

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               23 February 2016

 

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Mayoral Minute No. MM5/16

 

Subject:                  World Marathon Challenge - Heather Hawkins

Folder No:                   F2014/00516

Author:                   The  Mayor, Cr Noel D'Souza      

 

 

Early last month I received an email from Councillor Kiel Smith about a Coogee resident named Heather Hawkins who was attempting to complete 7 marathons in 7 days on 7 continents.

 

I was completely taken aback. Most of us can only dream of completing a marathon, but to do 7 marathons – that’s almost 300km in 168 hours while sleeping on planes –

is incredible.

 

But what makes Heather’s story even more inspirational is she’s a cancer survivor and only took up running a few years ago.

 

In 2007, unfortunately like many other women in Australia, Heather was diagnosed with Stage One Ovarian Cancer - within one week of her diagnosis her tumour had grown from 8cm - 20cm. Surgery was 10 days after diagnosis where the surgical team removed the tumour and performed a complete hysterectomy. Heather then needed to have extreme radio and chemotherapy, but instead took on board some new radical treatment for post ovarian cancer surgery that was based on major Cancer research out of England – the first woman in Australia to undergo this treatment which lasted for a five year period – thankfully eight years later, Heather is now in remission.

 

It was this brush with cancer that inspired her to take on running as a way of celebrating life.

 

In 2012, Heather decided to run the Mothers Day Classic which is 4km long. After training in Centennial Park for the event she exclaimed that 4km is a long way to run!

 

Following this first ever run, and after finishing with a smile, Heather undertook the City to Surf in Sept 2012, and then decided upon lifting the bar and running her first ever Half Marathon in  Sept 2012. She then went on to completed the Sydney Marathon in 2013 and went on to complete six half marathons, six full marathons and three ultra marathons

 

This then lead to her latest challenge – The World Marathon Challenge which was held between 23 and 30 January 2016.

 

From the first marathon in the Antarctic, where the clock starts counting down from 168 hrs, Heather then flew to Chile, Florida, then across the Atlantic to Madrid, on to Morocco, Dubai, and finally the long flight to Sydney when she completed the seventh marathon in the dark of night on the Manly promenade.

 

In support of Heather’s extraordinary feat I personally called her while she was doing the World Marathon Challenge and left a message of support on behalf of Council.

 

Heather completing the World Marathon Challenge in Manly on 30 January 2016.

 

Heather’s run was in aid of cancer research and she raised funds for the Can Too Foundation which in turn provides funds for cancer research through Cure Cancer Australia and Cancer Council NSW.

 

Council has provided a donation of $500 to the Can Too Foundation for cancer research.

 

Heather’s achievement is an incredible story of what the human body is capable of doing and succeeding in the face of adversity. I think it’s appropriate that Council formally recognises her achievement through some sort of acknowledgement in the 2016 Randwick City Sports Awards later this year.

 

Financial impact statement

 

The $500 donation will be funded from the 2015-16 Contingency Fund budget allocation.

 

Recommendation

 

That Council:     

a)     formally congratulate Coogee resident Heather Hawkins on completing the World Marathon Challenge;

b)     note the $500 donation made by Council to Heather’s chosen charity the Can Too Foundation which raises funds for cancer research;

c)     formally acknowledge Heather’s achievement as part of the 2016 Randwick City Sports Awards.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               23 February 2016

 

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Mayoral Minute No. MM6/16

 

Subject:                  Coogee Surf Life Saving Club representative on Wylie's Baths Trust

Folder No:                   F2012/00407

Author:                   The  Mayor, Cr Noel D'Souza      

 

Introduction

 

I have received a letter from the Honorary Secretary of the Coogee Surf Life Saving Club (Pat Garcia) advising that “following the resignation of Nicholas McGuiggan from the (Wylie’s Baths) Trust, I am pleased to advise you of the selection of Tony Waller, Life Member and Cub Governor of Coogee SLSC as the Coogee representative on the Trust.”

 

Issues

 

According to the Rules of the Trust the maximum number of members shall be eight persons being:

 

·      One member appointed by the Coogee Randwick RSL swimming club who shall be a resident within the boundaries of Randwick City Council;

·      One member appointed by the Coogee Amateur swimming club who shall be a resident within the boundaries of Randwick City Council;

·      One member appointed by the South Maroubra winter swimming club who shall be a resident within the boundaries of Randwick City Council;

·      One member appointed by the Coogee Surf Life Saving Club who shall be a resident within the boundaries of Randwick City Council;

·      The Mayor of Randwick City Council or another councilor nominated by the Mayor;

·      Three members appointed by Randwick City Council who shall be residents within the boundaries of Randwick City Council who are regular users of the baths.

 

This letter has been sent to me as the Chair of the Wylie’s Baths Trust and I am informing Council as a matter of courtesy.

 

A brief resume for Tony Waller is as follows:

 

Employment:

·      Firefighter for 34 years, currently Station Commander at City of Sydney Fire Station.

Business:

·      Licensed Builder.

·      Former Owner/Operator of Bub's Child Care Centers, Maroubra & Campbell town  (20 years)

·      Former Owner/Operator of a Vineyard & Tourist Accommodation; Pokolbin.

Civil:

·      Governor of Coogee SLSC

·      Current Life Member, and past President and Captain of Coogee SLSC

·      Life member of Randwick District Surf Clubs.

·      Former NSW Lifesaver of the Year.

·      Trustee of the Fallen Lifesavers Memorial (Deputy Chair)

·      Current Rescue Crewman on the Westpac Rescue Helicopter, (since 1984.)

·      Current Scout Leader of 1st Closely Scout Group.

·      Selector on Kingsford Smith Young Sports Person Grants Committee

·      Judge of Kingsford Smith Community Service Awards.

·      Selector on Kingsford Smith ANZAC Commemoration Grants Committee.

·      Recipient of the "National Medal" and "Humanitarian Overseas Service Medal"

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Mr. Tony Waller has replaced Nicholas McGuiggan as the Coogee SLSC’s representative on the Wylie’s Baths Trust.

 

 

Recommendation

 

That it be noted that Tony Waller is the Coogee SLSC’s representative on the Wylie’s Baths Trust, following the resignation of Nicholas McGuiggan.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               23 February 2016

 

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Mayoral Minute No. MM7/16

 

Subject:                  Joint Chinese New Year Celebrations with the City of Botany Bay

Folder No:                   F2010/00038

Author:                   The  Mayor, Cr Noel D'Souza      

 

Introduction

 

During the Council recess period in December/January, I was approached by the City of Botany Bay to jointly sponsor a Chinese New Year event in Dacey Gardens at Daceyville. The event was held on Saturday 13 February 2016 and a number of Councillors had the pleasure of attending this event and wishing our Chinese residents a prosperous New Year.

 

Issues

 

Chinese New Year is one of the most important traditional holidays for the Chinese community. Council does not hold any Chinese New Year celebrations in Randwick City despite there being a large Chinese community in our LGA.

 

During the recess period in December/January, I was approached by the City of Botany Bay to hold a joint event to celebrate Chinese New Year at Dacey Gardens, Daceyville. The Kingsford Chamber of Commerce has been working with local businesses to promote this event, while UNSW is also a sponsor of this event.

 

Upon receiving this request, I contacted the Councillors and found a general support to partner with the City of Botany Bay on this significant cultural event. As Dacey Gardens is located on the boundary of the Randwick and Botany Bay LGA, the event provides an opportunity for Randwick residents and business owners to participate in local Chinese New Year festivities.

 

A very successful event was held on Saturday 13 February from 4pm to 9pm, with many Randwick City residents attending and enjoying the food and entertainment on offer. The event further strengthened our relationship with the City of Botany Bay and helped us build strong communities, irrespective of Council boundary lines.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse community.

Direction 2d:      Deliver and/or sponsor a range of cultural programs to promote a sense of community

 

Financial impact statement

 

Council has made a $20,000 contribution to this event.

 

Conclusion

 

Given our City’s large Chinese community, I believe it is important for Randwick City Council to acknowledge and celebrate Chinese New Year, one of the most important cultural events in their calendar.

 

 

Recommendation

 

That Council note the contribution of $20,000 towards this event.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               23 February 2016

 

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Mayoral Minute No. MM8/16

 

Subject:                  Waiver of fees for Maroubra Swim Clubs five Carnivals to be held in 2016 at the Des Renford Leisure Centre

Folder No:                   F2010/00214

Author:                   The  Mayor, Cr Noel D'Souza      

 

Introduction

 

Council has received a request for assistance from Mr Martin Connolly, Club Secretary of the Maroubra Swim Club, who is staging five swimming events at Des Renford Leisure Centre in the remainder of 2016.  

 

Issues

 

Annually Maroubra Swimming Club hold a number of events at the Des Renford Leisure Centre which attracted a large volume of swimmers from swim clubs from around the state. These events are the major fund raiser source for the club with all funds raised utilized by the club for its ongoing operations throughout the year.

 

They have requested that Council waive the fees to assist in improving the profitability of the events. An assessment of the applicable fees to be waived are as follows:

 

§ Pool Hire Fee          $  820.00 per event

            TOTAL:                   $  4,100.00

 

Des Renford Leisure Centre received spectator fees for all non-participants and increased kiosk sales on the day.

 

Financial impact statement

 

In the event that Council accepts the report recommendation, the direct financial implication to Council will be $4,100 which will be funded from the 2015-16 Contingency Fund.

 

Conclusion

 

The Maroubra Swimming Clubs Carnivals are a worthwhile local event which provides income to Des Renford Leisure Centre in the form of ‘secondary’ spend and entrance fees for spectators. This event is an opportunity for swimmers to compete against their peers, raise funds for the Club and provide ‘secondary spend’ income to the facility. It is considered that Council should support this request from Mr. Connolly to waive the fees to hire the Des Renford Leisure Centre to the value of $4,100 to assist in raising funds for the Maroubra Swim Club.

 

 

Recommendation

 

That:

 

1.   Council vote $4,100 from the 2015-16 Contingency Fund to cover the hire fees for the Des Renford Leisure Centre to assist in raising funds for the Maroubra Swim Club.

 

2.   the organiser undertake to appropriately and prominently acknowledge and   promote Council’s contribution to Club members.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               23 February 2016

 

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Mayoral Minute No. MM9/16

 

Subject:                  Acknowledgement of the Oustanding Career of Detective Superintendent Gavin Dengate

Folder No:                   F2006/00268

Author:                   The  Mayor, Cr Noel D'Souza      

 

Introduction

 

It is with great sadness that I inform Council of the retirement of Detective Superintendent Gavin Dengate from the Eastern Beaches Local Area Command. The purpose of this mayoral minute is to acknowledge the outstanding contribution made by Superintendent Dengate to our local community and to the Police Force over many years and to propose a civic reception in his honour.

 

Service History

Detective Superintendent Dengate joined the NSWPF on the 21.09.1987, commencing duties as a Probationary Constable at Coffs Harbour Command on the 12.12.1987. Detective Superintendent Dengate has since obtained the following ranks:-

 

·      11.12.1988      Constable;

·      28.02.1995      Senior Constable;

·      27.06.1997      Detective Senior Constable;

·      14.04.2000      Detective Sergeant;

·      02.10.2003      Detective Senior Sergeant;

·      19.11.2003      Detective Inspector;

·      16.06.2005      Detective Chief Inspector; and

·      18.06.2008      Detective Superintendent.

Detective Superintendent Dengate over his career with the NSW Police Force has worked at various Commands, Police Stations and Units including Coffs Harbour, Port Macquarie, Woolgoolga, Lake Macquarie, Waratah, Lake Illawarra, Sutherland & of course the Eastern Beaches Local Area Command. In January 2014 Detective Superintendent was asked to head the newly formed Operation TALON targeting public place shootings, which he undertook for a 12 month period.

 

Awards

Detective Superintendent Dengate over his career with the NSW Police Force has been given the following commendations:-

 

·      Awarded the Royal Humane Society Award, Australian Bravery Decoration – Star of Courage & NSWPF Commissioners Valour Award for the rescue of a youth at Coffs Harbour on 3 May 1996;

·      NSW Police Medal with 1st & 2nd Clasps;

·      National Medal with 1st, 2nd & 3rd Clasps; and

·      Randwick City Council - Australia Day Mayors Award for introducing Sydney’s White Ribbon Walk.

Achievements

Detective Superintendent Dengate has been the Commander of Eastern Beaches Local Area Command from January 2010 to January 2016, recently transferring to the State Planning Unit as Commander. During his 6 years at Eastern Beaches Local Area Command, Detective Superintendent Dengate worked tirelessly to forge strong relationships and effective partnerships with all stakeholders within the Command, including the local aboriginal community, business owners, local liquor accords, local council, University of NSW, Long Bay Correctional Complex, Prince of Wales Hospital and local schools.

 

Detective Superintendent Dengate is highly committed to these relationships working tirelessly to ensure that NSW Police Force collaborates with all local stakeholders to reduce crime, ensuring the welfare and safety of the community. In 2012 after being appointed as the Region Spokesperson for Domestic & Family Violence, Detective Superintendent Dengate initiated Sydney’s White Ribbon Walk. The walk was organised to raise awareness for domestic & family violence.

 

In collaboration with Randwick City Council the walk has been held each year on White Ribbon Day for the past 4 years, collectively raising over $16,000.00 for White Ribbon Australia. With Commissioner Scipione leading the walk, various Community leaders, politicians, media & sporting identities, schools, NSW Police Force & emergency Service personnel including Army, Navy, Fire NSW & Corrective Services take part in the walk from Randwick to Coogee.  In 2014 & 2015 his Excellency General the Honourable David Hurley AC DSC and Mrs Hurley attended and participated in the walk.

 

In 2012 Detective Superintendent Dengate was appointed as the Corporate Spokesperson for the Safety and Wellbeing of International Students Portfolio. The NSWPF has a total of 20 Corporate Portfolios, each one being an issue that has been identified as being of strategic importance to the NSWPF. Senior officers are appointed Corporate Spokespersons by the Commissioner, to each Portfolio and their role is to develop strategic responses to the identified key crime, public safety or community & partner issue. Whilst undertaking this role, Detective Superintendent Dengate has been instrumental in ensuring trusting relationships between police and international students are built for the purpose of increasing their awareness of our laws and role of police as well as crime reporting.

 

The commitment and leadership demonstrated in by Superintendent Dengate in taking international students' issues from a LAC based reactive approach to a strategic organisational proactive one, has been evidenced by a number of identifiable achievements and outcomes.

 

Since 2012 many of the achievements have included:

 

·    The development of a strategic corporate Plan which allowed for organisation wide planning and awareness of the international student context;

·    The proactive relationship building with all levels of the international student sector including Universities, colleges, private providers as well as Consulates, Embassies and local , state and federal government agencies;

·    The increase in relationships and trust between international students and police;

·    The engagement with international students to develop and produce safety messages and resources; and

·    Launch of Facebook and Weibo (Chinese language Facebook equivalent) social media pages for the dissemination of crime prevention and safety awareness information aimed specifically at international students.

 

Detective Superintendent Dengate’s enthusiasm, dedication , commitment and leadership has seen him participate and initiate rapport building at all levels, from face to face engagement with international students to his representational work on national government led roundtable discussions. This has also seen him accepted as a vital presenter and participant in all international student forums and National Conferences. His strategic approach has seen him work personally with victims of crimes as well as their families, educators, the media, and NSWPF staff to build their capability to respond effectively and professionally to issues affecting international students.

 

Detective Superintendent Dengate and his Portfolio were recognised as winners in the 2013 National Multicultural Marketing Awards for the innovative collaboration between NSWPF and Macquarie University’s Linguistics Department Chinese students in establishing the WEIBO social media page in the Mandarin language. In 2015 the Portfolio was awarded the Premier and Cabinet, Study NSW International Students Community Engagement Award.

 

In November 2012 & August 2015 under Detective Superintendent Dengate’s leadership, staff from the Eastern Beaches Command organised the Blue & White Ball and the Eastern Beaches Masquerade Ball. With Superintendent Dengate’s tireless motivation and leadership the events have raised over $130,000.00 for NSW Police Legacy & the Eastern Suburbs PCYC. The events were extremely well attended by NSW Police Force Officers, Members of the Community, Community leaders, local celebrities and business people. The large attendance at these events demonstrated the support and respect of the local community for NSW Police Force & officers at Eastern Beaches Local Area Command.

 

Detective Superintendent Dengate has not only earned the respect of the Community but also the officers within Eastern Beaches Local Area Command. He has been a strong advocate of Women in Policing and all Officers furthering their careers. Detective Superintendent Dengate ensures that all officers are provided opportunities to develop themselves through mentoring, training, education & development opportunities.

 

Financial impact statement

 

Provision has been made for civic receptions in the current financial year’s budget.

 

Conclusion

 

Detective Superintendent Dengate over his career has shown passion, leadership, bravery, motivation and commitment to his duties and fellow officers within the NSW Police Force. His dedication and contributions to the NSW Police Force is unquestionable, often going above and beyond his daily duties, demonstrating outstanding service to the community. Detective Superintendent Dengate’s achievements are not only measured by their success, but also the continuation of long term, trusting relationships between NSW Police Force, the local community and stakeholders. It is only fitting that a civic reception be organised in Detective Superintendent Dengate honour to acknowledge a truly outstanding career.

 

Recommendation

 

That Council holds a civic reception for senior police and senior community leaders to acknowledge the outstanding career and achievements of Detective Superintendent Gavin Dengate.

 

 

Attachment/s:

 

Nil

 

  


Ordinary Council                                                                                               23 February 2016

 

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Director City Planning Report No. CP1/16

 

Subject:                  30 Napier Street, Malabar (DA/620/2015)

Folder No:                   DA/620/2015

Author:                   Jonathan Blackmore, Environmental Planning Officer     

 

Proposal:                    Alterations, ground and first floor additions to the existing dwelling house including new rear in-ground swimming pool and associated bathroom and new front boundary fence

Ward:                     South Ward

Applicant:                Classic Plans

Owner:                        Ms K L Fitzgerald & Mr R P Hudson

Summary

Recommendation:     Refusal

 

Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

 

 

Development Application Executive Summary Report

 

The application was referred to Council for determination at the request of Councillors Nash, Stavrinos and Andrews. A peer review (attached) was also undertaken by an external planning consultant as a Council employee lives in close proximity to the premises. The peer review concurs with the conclusions of the assessment report.


 

Proposal

 

The applicant proposes alterations, and ground and first floor additions to the existing dwelling house. The proposal involves the removal of the existing detached single carport from the front of the site and the addition of a double garage with a terrace above to the front of the dwelling. Further, a rear in-ground swimming pool and associated bathroom, and new front boundary fence are proposed.

Site

 

The subject site is located on the northern side of Napier Street, close to its intersection with Bay Parade and the coast environment beyond. The rectangular-shaped site has a north-south alignment and a very gentle slope down towards its rear. The surrounding area is characterised by low density residential development with detached single and double storied dwellings.

 

The subject site contains a single storey bungalow-style dwelling (refer fig. 1 below). Other buildings on the site include the single carport close to the site’s front and western boundaries and two existing sheds within the rear of the site.

 

Figure 1. Photograph of the existing dwelling and its single carport.

 

Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. No submissions were received as a result of the notification process.

 

Key Issues

 

Garage and Upper-level Terrace

Sub-sections 6.1, 6.2, 6.3 and 6.6 of the RCDCP 2013 provides controls with respect to the location and design of parking facilities and where parking facilities forward of the front façade alignment may be considered.

 

In relation to the controls, the proposed garage and terrace would result in the following non-compliances:

 

·        In regards to Subsection 6.1, the double garage will be inconsistent with the predominant pattern in the street.

·        In regards to subsection 6.2, the proposal does not satisfy the relevant criteria that would allow the provision of a garage within the front setback area.

·        In regards to Sub-section 6.3 (and Sub-section 3.3), the proposed garage is to be situated 0mm from the site’s western side boundary and will not comply with the 900mm setback required by Sub-section 3.3.

·        In regards to Sub-section 6.5, the proposed 1.3m high bulkhead of the garage will exceed the 600mm maximum.

 

Objectives – Parking and Access

The relevant objectives for Parking and Access under the RCDCP 2013 include the following:

 

·           To ensure car parking and access facilities do not visually dominate the property frontage or streetscape.

·           To ensure parking facilities are integrated with the architectural expression of the dwelling as an integrated element.

·           To minimise hard paved surfaces occupied by driveways and parking facilities, and maximise opportunities for deep soil planting and permeable surfaces for stormwater infiltration.

·           To ensure the location and design of parking and access facilities do not pose undue safety risks on building occupants and pedestrians.

·           To ensure the location and design of parking and access facilities do not adversely impact on the amenity of neighbouring properties

 

It is considered that the proposed garage will be inconsistent with these objectives and will result in significant adverse environmental impacts. In particular, the garage will visually dominate the property frontage and conflict with the character of the streetscape. The site’s frontage width is 10.98m and the 5.9m wide garage will occupy 53.7% of that frontage width, while projecting 3m forward of the dwelling. The garage will present a reasonably blank and high face (including a 1.3m high bulkhead with a 800mm terrace balustrade protrusion) to the street. The site slopes down to its rear from the road and the dwelling is not elevated above street level. The garage will therefore obstruct and interfere with the visual interaction between the street and the dwelling.

 

The proposed garage is a projection forward from the main face of the dwelling and therefore will not read as an integrated element or architectural expression of the dwelling. Integration could be achieved with a rebuild, and it is noted that the majority of the original dwelling is to be removed, meaning the physical works on site are close to being a rebuild. The site to the west, being 28 Napier Street, contains an integrated garage/dwelling design which does not project forward beyond the face of the dwelling.

 

Just two sites along this section of Napier Road contain garaging in front of the dwelling - Nos. 26 and 39 Napier Road.  This scattering of garages cannot be considered to be the predominant character of the area. It is highlighted that these carports/garages were established under historic RDCP controls and the garages occupy less of their respective frontages than what is proposed on the subject site. 

 

A double garage has recently been approved on the Napier Street frontage of the adjoining site to the east (ref: DA/149/2015 and DA/149/2015/A - 15 Bay Parade) and a similar double garage exists across the road at 41 Napier Street. Unlike the proposed garage, these garages are on their sites’ secondary frontage and are not forward of their dwellings’ main façade.

Objectives – Visual and Acoustic Privacy

·        In regards to Sub-section 5.3, the proposed terrace on top of the garage would allow for overlooking of habitable room windows of the adjoining site to the west.

 

·        In regards to Sub-section 5.4, the proposed terrace on top of the garage would have the potential to allow for excessive noise transmission to the sleeping areas of the adjacent dwelling to the west.

 

The relevant objectives for visual and acoustic privacy under the RCDCP 2013 include the following:

 

·        To ensure development minimise overlooking or cross-viewing to the neighbouring dwellings to maintain reasonable levels of privacy.

·        To ensure the siting and design of development minimise the impacts of noise transmission between dwellings.

 

It is considered that the proposed terrace on top of the garage will be inconsistent with these objectives and will result in significant adverse environmental impacts. The proposed terrace will enable overlooking of three habitable room windows on the site to the west, being 28 Napier Street (refer fig. 3, below). This overlooking will not maintain a reasonable level of privacy for the occupants of 28 Napier Street. No privacy screening is proposed and, if it was proposed or implemented, it would add additional bulk and height to the garage/terrace addition; resulting in further dominance of the streetscape by the garage.


Figure 3. Photograph that shows the three habitable room windows (marked with red squares) on the eastern wall 28 Napier Street that will be overlooked by the proposed terrace above the garage.

 

The terrace will also result in potential acoustic privacy issues for the same windows. The position of such a large terrace towards the front of the site brings outdoor living activities close to and in conflict with living area and bedrooms of the adjoining dwelling on the site to the west. Generally, and as occurs on adjoining sites to the west, such an outdoor terrace would be placed at the rear of the site, adjoining other private open space and outdoor areas, and away from sensitive internal uses.  

Side Setback of the Dwelling

The proposed western side of the dwelling will be non-compliant with Sub-section 3.3.2 of the RCDCP 2013 in that the proposed ground level side setback of 300mm will be less than the required 900mm.

 

Objectives – Setback

The relevant objectives setbacks under the RCDCP 2013 include the following:

 

·        To maintain or establish a consistent rhythm of street setbacks and front gardens that contributes to the character of the neighbourhood.

·        To ensure the form and massing of development complement and enhance the streetscape character.

·        To ensure adequate separation between neighbouring buildings for visual and acoustic privacy and solar access.

·        To reserve adequate areas for the retention or creation of private open space and deep soil planting.

·        To enable a reasonable level of view sharing between a development and the neighbouring dwellings and the public domain.

 

It is considered that the proposed side setback will not be inconsistent with these objectives and will result in no significant adverse environmental impacts. The side setback at ground level will match and follow that of the existing wall line of the dwelling and will not result in significantly higher wall heights than what exists. The setback at 1st floor level will comply with the control. The setback will adjoin a garage and outbuilding on the two adjoining sites to the east and these structures have a comparable boundary setback to what is proposed. The structures will also screen the proposed setback from the private open space and dwellings of the adjoining sites to the west. Therefore, the setback will reflect the existing form and massing of development and will not enable additional shadowing, overlooking or a feeling of dominance on adjoining sites.

 

General Building Design

The proposal will be non-compliant with Sub-section 4.1 of the RCDCP 2013 in that the proposed external wall length of the eastern ground level will be 18.8m, which is over the 12m maximum.

 

Objectives – General Building Design

The relevant objectives for outbuildings/ancillary development under the RCDCP 2013 include the following:

 

·        To ensure the form, scale, massing and proportions of dwellings recognise and adapt to the characteristics of a site in terms of topography, configuration, orientation and surrounding natural and built context.

·        To ensure building facades are articulated to complement or enhance the existing streetscape and neighbourhood character.

·        To encourage contemporary and innovative designs to establish a preferred neighbourhood character in new and transitional residential areas.

 

It is considered that the proposed side elevation length will not be inconsistent with these objectives and will result in no significant adverse environmental impacts.

 

The proposed side elevation will be appropriately sized relative to the long side boundaries of the site and will not over dominate the site. Side elevations will vary between ground-level and upper-level sections of the dwelling and this will provide some articulation to the dwelling. The character of the surrounding area is generally dominated by reasonably elongated dwellings, including on the site to the west; the proposal will not be a departure from this established character. Further, and as discussed above, the eastern side elevation will face outbuildings on adjoining sites to the east and these will screen the proposed elevation from the POSs and dwellings of the adjoining sites to the west.

 

Pool Outbuilding

The proposed pool outbuilding will be non-compliant with Sub-section 7.4 of the RCDCP 2013 in that the proposed external wall heights of the building at 3.4m will be over the 2.4m maximum.

 

Objectives – Outbuildings/Ancillary Development

The relevant objectives for outbuildings/ancillary development under the RCDCP 2013 include the following:

 

·        To provide for ancillary development that enhances the liveability of dwellings and maintains a reasonable level of visual amenity, solar access and privacy for the neighbouring dwellings.

·        To ensure ancillary development do not present as prominent features and detract from the streetscape character.

 

It is considered that the proposed pool outbuilding will not be inconsistent with these objectives and will result no significant adverse environmental impacts. The outbuilding is proposed to the rear of the site and will generally be obscured from view of the street and surrounding sites by the dwelling of the site, and screen planting proposed around part of the rear perimeter of the site. The footprint of the proposed outbuilding will be smaller than the existing shed proposed for removal within the rear yard. Larger outbuildings are common features within the rear of sites in the surrounding area, and the proposed outbuilding is not a departure from this character. Further, the outbuilding will not result in observable adverse impacts for surrounding residents as it is to be a relatively small structure situated away from dwellings on adjoining sites and it not intended for long-term inhabitation.

 

Relationship to the City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4a:      Improved design and sustainability across all development.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal has been assessed against the requirements of the relevant planning guidelines of the RLEP and Council’s policies and plans as well as in regard to Section 79C of the Environmental Planning and Assessment Act 1979, as amended. The proposal is considered to result in significant adverse environmental impacts upon the amenity of the locality and for adjoining residents and will be inconsistent with the relevant objectives and criteria of the LEP 2012 and the RCDCP 2013.

 

Therefore, the application is recommended for refusal.

 

 

 

Recommendation

 

That Council, as the consent authority, refuse its consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979, (as amended), to Development Application No. DA/620/2015 for alterations, ground and first floor additions to the existing dwelling house including new rear in-ground swimming pool and associated bathroom and new front boundary fence at 30 Napier Street, Malabar for the following reasons:

 

1.       The proposed garage with terrace above does not satisfy the objectives of Section C1 of the RCDCP 2013 in relation to parking facilities, and visual and acoustic privacy as it is inconsistent with the predominant character of the streetscape, will visually dominate the property frontage, and will result in overlooking and potential noise impacts for adjoining residents.

2.       The proposed garage with terrace above does not satisfy the objectives of the RLEP 2012 in relation to the low density residential R2 zone in that the proposed activity will not contribute to the desired future character of the streetscape or protect the amenity of adjoining residents. 

 

Attachment/s:

 

1.View

Peer Review from City Plan Services

 

2.

DA Compliance Report - 30 Napier Street, Malabar

Included under separate cover

 

 

 


Peer Review from City Plan Services

Attachment 1

 

 


 


 


Ordinary Council                                                                                               23 February 2016

 

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Director City Planning Report No. CP2/16

 

Subject:                  9 Glenwood Avenue, Coogee (DA/203/2015)

Folder No:                   DA/203/2015

Author:                   Matthew Choi, Senior Environmental Planning Officer     

 

Proposal:                    Section 82A review of Council refusal to carry out alterations and additions to the existing residential flat building including demolition of existing garage, construction of new upper level and rear 2 storey additions comprising 7 units and basement carparking for 6 vehicles, associated site and landscape works

Ward:                     East Ward

Applicant:                Stubbs Design Tribe

Owner:                        Mr. T. Thomas

Summary

Recommendation:     Approval

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Subject Site

 

 

 

 

Submissions received

 

 

Ù

North

 

Locality Plan

Development Application Executive summary report

 

The application is referred to Council for consideration as the original application was determined by Council.

 

1.        Proposal

 

The subject application is made pursuant to Section 82A of the Environmental Planning and Assessment Act 1979 to review Council’s decision to refuse the original development application DA/203/2015.

 

The application originally proposed the alterations and additions to the existing residential flat building including demolition of existing garage, construction of new upper level and rear 2 storey additions comprising 7 units and basement carparking for 6 vehicles, associated site and landscape works.

 

No amendments were proposed as part of the Section 82A Review.

 

2.        Site

 

The subject site is legally described as Lot 9 in DP 18186 and also known as 9 Glenwood Avenue, Coogee. The site is located on the western end of an existing cul-de-sac with one street frontage available from Glenwood Avenue. 

 

The site is rectangular in shape and topographically has a minor fall across the length of the site from south to north by approximately 1 metre. The boundary dimensions in accordance with the submitted survey plan are as follows: 

 

Boundary

Length

Site area

Northern boundary

14.295m

575.4m2  

Southern boundary

14.275m

Western, Glenwood Avenue boundary

40.38m

Eastern, side boundary

40.235m

 

The allotment is currently occupied by an existing two storey residential flat building comprising 4 x 2 bedroom strata titled units with a detached ancillary garage structure comprising 4 undercover car spaces and four car spaces located on the eastern end of the garage structure.

 

The surrounding development is characterised by medium density residential development consisting of residential flat buildings with a two to three storey scale along Glenwood Avenue. To the immediate north and east of the subject site is an existing two and three storey residential flat development, respectively. To the west comprises between 77 – 87 Glenwood Avenue and consists of a pair of two storey residential flat buildings and single storey semi-detached dwelling houses. Finally, to the south (rear) is an existing two storey building block fronting Mount Street and three storey residential flat building at the rear of the allotment with central courtyard in between. 

 

Neither the subject site nor its surrounds are noted to have any individual heritage significance within the provisions within RLEP 2012.

 

3.        Relevant Site History

 

DA/80/2014: A development application was withdrawn on the 11 June 2014 for the construction of a new three storey residential flat building to the north of the existing building, comprising of three x two bedroom dwellings with a semi-basement car park for six cars, alterations and additions to the existing two storey residential flat building including internal reconfigurations and changes to window openings on elevations. 

 

DA/203/2015: A development application was refused on the 8 December 2015 at an Ordinary Council meeting for alterations and additions to the existing residential flat building including demolition of existing garage, construction of new upper level and rear 2 storey additions comprising 7 units and basement carparking for 6 vehicles, associated site and landscape works.

 

4.        Statutory Requirements Under Section 82A Review

 

Section 82A of the Act enables an applicant to request a review of Council’s decision to refuse a Development Application, or a condition(s) imposed in a development consent granted by Council. In the event that the applicant has made amendments to the development proposal, Council must be satisfied that the development, as amended, is substantially the same as that originally described in the application. Council may review the determination, and as a consequence of the review, may confirm or change the determination.

 

The proposed Section 82A Review does not involve any changes to those made from the original development application and will subsequently remain substantially the same development and satisfies Section 82A of the Environmental Planning & Assessment Act, 1979 (as amended).

 

5.        Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. Eighteen (18) submissions were received as part of the initial Development Application; five (5) submissions were received as a result of the notification process for this Section 82A review including:

 

·      1/7 Glenwood Avenue, Coogee

·      1/8 Glenwood Avenue, Coogee

·      9/5 Glenwood Avenue, Coogee

·      77-79 Mount Street, Coogee

·      3/81-83 Mount Street, Coogee

·      85 Mount Street, Coogee 

 

Issue:

Comments

·       The new upper floor addition will contribute to additional solar access and overshadowing impacts to the immediately adjacent neighbours

Refer to Key Issues for detailed assessment within the Executive Summary Report for detailed assessment regarding solar access and overshadowing impacts to the adjoining neighbours.

·       The new upper floor addition will result in view loss impacts to the affected neighbouring dwellings.

Refer to Key Issues for detailed assessment within the Executive Summary Report for detailed assessment regarding view loss impacts to the adjoining neighbours.

 

·       The proposal will contribute to adverse privacy impacts to the adjoining neighbours in particular from the proposed window openings and the roof top terrace.

 

Refer to Key Issues within the Executive Summary Report for detailed assessment regarding visual privacy impacts to the adjoining neighbours.

 

·       The proposal will contribute to a deficiency in the vehicular parking rate for off-street parking.

 

Refer to Key Issues within the Executive Summary Report for detailed assessment regarding vehicular parking rates of the RDCP2013.

 

 

·       The proposal will contribute to additional noise pollution within the immediate locality.

 

 

 

The alterations and additions to the existing building will not contribute to adverse noise impacts to the neighbouring dwellings that are otherwise expected from a permissible form of development. The new internal courtyard of unit no. 7 adjacent the western boundary is significantly separated from the habitable rooms of the western neighbour set approximately 11-12 metres from no. 81-83 Mount Street and 85 Mount Street. Notwithstanding this, the internal courtyard is nominal in size with a depth of 1200mm which restricts its use to function as an entertainment space.

 

The roof terrace on the northern portion of unit no. 7 will minimise any noise impacts given it is also separated by more than 15 metres from the habitable room windows of the northern neighbour at no. 10 Glenwood Avenue and more than 13 metres from the habitable room windows to nos. 77-79 and 81-83 Mount Street. The existing blade walling along the western wall also partially minimise the transmission of acoustic noise to the portion of the roof terrace immediately adjacent the living space. The residual area of the roof terrace is also reasonably sized at 21sqm and will be used primarily to accommodate the private outdoor recreational needs to the occupants of apartment no. 7, in particular given its accommodation as a three bedroom apartment. 

 

·       The new addition at the rear of the existing building will remove the natural breeze way that the rear neighbour currently enjoys.

 

 

The new ground and first floor level and the new upper floor level is setback 3 metres and 1.7 metres from the western boundary, respectively. The minor non-compliance to the setback at the upper floor level is acceptable given it generally mirrors the building footprint at the lower levels and will provide ample building separation to allow natural breezes to flow through the site into the objectors premises.   

 

·       The proposal will contribute to increased vehicular traffic within Glenwood Avenue.

 

 

 

The increase in the number of units from four to seven units will not significantly increase the vehicular traffic entering and exiting Glenwood Avenue and will not contribute to adverse traffic impacts to the neighbouring buildings. 

 

 

·       The proposal will result in a number of numerical non-compliances to the numerical requirements of the RLEP2012 including floor space ratios and the RDCP2013 including landscape requirements and maximum external wall height.

 

 

 

The proposal will comply with the floor space provisions in accordance with the floor space ratio map contained within the RLEP2012 with a maximum permissible FSR of 0.9:1. The proposal will contribute to a minor breach to the landscaping requirement and departure to the external wall height control, however are acceptable in considering the objectives of the RDCP2013. Refer to the Key Issues within the Executive Summary Report for further details. 

 

 

·       The positioning of the living room windows are immediately adjacent the bedroom windows along Glenwood Avenue

 

 

Refer to Key Issues within the Executive Summary Report for detailed assessment regarding visual privacy impacts to the adjoining neighbours.

 

 

·       The width and driveway gradient to the basement parking level does not meet the Australian Standards. 

 

 

 

Council’s development engineering officer has reviewed the amended plans submitted as part of the development application and advised that the first 2 metres of the internal driveway are now at a maximum grade of 1 in 20(5%) followed by a section at grade 1 in 8 (12.5%). There may be some variation to this at the southern extremity but is not significant to result in scrapping to the underside of the motor vehicle. With regards to the width of the access driveway whilst it does not comply with the Clause 2.5.2 in the Australian Standards 2890.1:2004 a suitable condition was included as part of the original consent to increase the minimum width to 3.6 metres with a 3 metre wide roadway and 0.3m clearance on either side of the driveway. This is acceptable in demonstrating compliance with the Australian Standards.

 

 

·       The basement parking will result in a safety issue in that it does not provide a clear line of sight of pedestrians when entering and exiting the basement parking area.

 

 

 

The proposed basement area is adequate in size to allow for motor vehicles to enter and exit in a forward motion. The length provided for the existing vehicular driveway and crossover is adequate to allow for visual sightlines of oncoming pedestrians and vehicular movements along Glenwood Avenue.

 

·       The proposal will compromise the heritage value of the immediately adjoining buildings.

 

 

 

It should be noted that the adjoining residential flat buildings along Glenwood Avenue are not deemed to have any heritage significance as prescribed within Schedule 5: Environmental heritage of the RLEP2012. The subject site is located approximately 50 metres (as measured from the property boundaries) to an existing heritage item at no. 78 Dolphin Street which is listed heritage item (ref: I86) and described as a “1920’s heritage house”. The proposal will comply with Clause 5.10: Heritage Conservation in that the heritage item fronts Dolphin Street and the proposed building will not interrupt its setting or primary views of the heritage item given its location at the end of a cul-de-sac. In addition to this, the building form is significantly separated by a number of allotments between the subject site and the heritage item is not expected to create any additional impact to the existing heritage item. Subsequently, the development will remain consistent with the objectives of Clause 5.10: Heritage Conservation and will conserve the environmental heritage within Randwick.  

 

·       The proposal is not within the public interest. 

 

 

 

The proposed building form and envelope will not contribute to any significant adverse environmental impacts to the neighbouring dwellings and therefore the development will remain within the public interest. 

 

·       There are inconsistencies with the submitted statement of environmental effects.

 

 

The submitted plans include sufficient information to ensure a proper assessment of the development application. 

 

 

·       The cost of works is questionable.

 

 

The applicant has submitted a registered quantity surveyors detailed cost report and is reasonable in considering the scope of the proposed works to the residential flat building. 

 

6.        Key Issues

 

The original determination that refused the applicant at the Ordinary Council meeting on the 8 December 2015 contained the following reasons:

 

1.       The proposal is deficient in the provision of parking on the site and will adversely impact on the parking capacity of the locality.

 

2.       The proposal is out of character with the streetscape and will adversely impact on the amenity of adjoining and neighbouring properties.

 

3.       The proposal is an overdevelopment of the site.

 

The above reasons for refusal are reviewed below:

 

6.1.     B7: Transport, Traffic, Parking and Access

 

Vehicular Parking Rates

The proposal involves the removal of 4 undercover car parking spaces and vehicular driveway handle located on the northern portion of the subject site with 6 parking spaces located at the basement level. The development will result in a shortfall of 4 parking spaces in considering the increase to the total number of units from 4 units to 7 units (6 x 2 bedroom units and 1 x 3 bedroom unit). The non-compliance of the off-street parking demand does not comply with Council’s controls for vehicular parking rates. The vehicular parking rates are as follows:

 

Proposed parking provided          = 6 spaces (within basement level)

Proposed parking deficiency        = 4 spaces (40%)

Revised parking deficiency          = 2 spaces (20% after application of parking credit)

 

Council’s development engineer has reviewed the non-compliance to the parking requirements and details the following the key points:

 

Development Engineering is reluctant to support increasing parking deficiencies in such a limited area. The additional information submitted (traffic and parking report submitted by ML Traffic Engineers) has not alleviated these concerns and highlights the parking concerns of nearby residents.

 

Council’s Development Engineer notes that the site is located in close proximity and walking distance to amenities within Coogee Town Hall Centre including supermarket, cafes/restaurants, pharmacy, hotel as well as Coogee Breach and the site is well serviced with a number of public transport routes and in close proximity to car share services. 

 

In considering the above factors and the absence of any other issues the two parking space deficiency is unlikely to warrant refusal of the application, however to minimise impacts a condition will be placed in the consent that all prospective owners and tenants of the building must be notified that Council will not issue any residential parking permits to occupants/tenants of this development, so as to discourage car ownership.

 

In considering the comments provided by Council’s Development Engineer and the Applicant’s justification, the lack of off-street parking is an acceptable for the following reasons: 

 

·      Council’s controls provide a strong emphasis on encouraging environmental sustainable transport opportunities in particular in localities where public transport infrastructure is frequented and facilities and services are available to meet the day-to-day needs of the residents. The overarching objectives of Part B7: Transport, Traffic and Access of the RDCP2013 specifies that new development should “promote sustainable transport options for development particularly along transport corridors, in commercial centres/strategic key sites”. This is echoed within the aims of the RLEP2012 with Clause 1.2(2)(c) and (e) that  “to support efficient use of land, vibrant centres, integration of land use and transport, and an appropriate mix of uses”, and “to promote sustainable transport, public transport use, walking and cycling”. The proposal complies with the above sustainable transport principles, in that the subject site is located within 250m walking distance to a bus stop used by a regular bus service that has at least one bus leaving between 6.00 and 21.00 each day from Monday to Friday and 8.00 and 18.00 on each Saturday and Sunday. The subject site by its very definition is considered to be an ‘accessible area’ as defined by the State Environmental Planning Policy (Affordable Rental Housing 2009). In addition to this, its location in close proximity to a range of retail business, entertainment and community uses make it a preferable option to endorse more environmentally sustainable forms of transport.

 

·      The subject site provides a four car garage and the depth of the existing driveway width forward of the garage structure. However, written confirmation was provided by Council’s Development Engineer that the existing garage structure is non-compliant with the current Australian Standards in terms of providing the minimum internal width of 3.0 metres and has resulted in cars being parked on the existing driveway. Notwithstanding this, the driveway in front of the garage exceeds a grade of 5% which is the maximum permissible grade for car spaces required by the Australian Standards 2890.1

 

·      The proposal includes a bicycle storage area at the basement area immediately adjacent the bin storage room and plan room/services room. The bicycle room is dimensioned at 4.1m x 2.1m which is suitable in size to accommodate more than the required two bicycle spaces as per the RDCP2013 and can feasibly accommodate 6 bicycle spaces in accordance with the minimum dimensions for bicycle storage as per the Australian Standards. In addition to this, one additional motorcycle space is provided above the minimum requirement which will alleviate the departure to the number of car spaces. The provisions of additional bicycle spaces and the motorcycle space are also aligned with the Council’s objectives contained within the RDCP2013 and RLEP2012 to provide for sustainable transport opportunities.

 

6.2.     Streetscape.

The surrounding development along Glenwood Avenue is characterised by medium density residential development consisting of residential flat buildings with a predominant two storey scale within the existing streetscape. The proposal involves a three storey element on the southern portion of the building and will extend above the two storey built form scale within the existing streetscape. However, the objective of the R3 Medium Density Residential Zoning requires that the development ‘recognise the desirable elements of the existing streetscape and built form or, in precincts undergoing transition that contribute to the desired future character of the area’. The envisaged character of the streetscape is dictated by the suite of building envelope provisions that are applicable to the subject site. The new addition is in keeping with the desired future character of the locality given it will demonstrate compliance with the building envelope controls including the maximum wall height, overall building height, floor space ratios and will remain consistent with the objectives for landscape ratios and side boundary setbacks. In considering the general compliance that is achieved on site the built form character will generally remain consistent with the envisaged character of the streetscape.

 

6.3.     Visual and Acoustic Privacy

The proposal includes new window openings along the eastern and western elevations of the building at the ground, first and second floor levels and new roof terrace and internal courtyard on the western side of the building. In accordance with the State Environmental Planning Policy 65: Design Quality of Residential Apartment Development, visual privacy must be considered as part of the Apartment Design Guidelines. Part 3F: Visual Privacy requires that a building separation of 6 metres be provided to the eastern/western side boundaries and a total separation of 12 metres to the habitable rooms of the neighbouring dwellings.

 

To the west, the proposal will result in a building separation of less than 6 metres with a setback of 1.7 metres to the western side boundary. The development will result in a building separation of less than 12 metres between the balconies of the adjoining buildings to the west and does not comply with the Apartment Design Guideline requirements. However, variation from this requirement is acceptable given most of the windows along the western elevation will be remain as existing. The new west facing windows as part of the new addition including window nos. 10, 11, 12 are located at the ground floor level and will be screened by the existing western boundary fence; window nos. 25, 26 and 27 are to be installed with frosted glazing and window nos. 14, 29 and 41 adjoin ensuite windows and will not contribute to significant overlooking impacts given their non-habitable room uses.

 

To the east, similarly the building separation between the eastern neighbour will be less than 6 metres at 3.081 metres from the eastern side boundary. The development will result in a building separation of less than 12 metres between the balconies of the adjoining buildings to the east and does not comply with the Apartment Design Guideline requirements. The variation to the controls are acceptable given the introduction of the new window openings including window nos. 4, 5, 6, 7, 19, 21 and 22 will not contribute to overlooking into any habitable room windows or private open space given they overlook the existing street; window nos. 2 and 17 provide an aspect into a lift service; window nos. 3 and 18 will provide a similar outlook as existing and involves a minor repositioning from the existing window opening; window nos. 32 and 34 adjoin a ensuite bathroom and stairwell void area and a condition of consent has been recommended that window nos. 33 and 35 comprise of a minimum sill height of 1.6m above floor level, or alternatively, the windows are to be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below this specified height.

 

Notwithstanding the above, the proposal involves the construction of a terrace located at the roof top level on the northern portion of unit no. 7. The new terrace includes the installation of a 1.6m high privacy screen on the full length of the western edge to the roof top terrace and will minimise any overlooking impacts to the western neighbour. The view from an easterly aspect will not compromise the privacy to the eastern neighbour at no. 8 Glenwood Avenue given the extent of overlooking is largely oblique and off-set from any habitable room windows.

 

The new roof terrace is not expected to contribute to any significant noise impacts to the adjoining buildings. The proposed terrace is suitably sized to accommodate for a three bedroom apartment in accordance with the private open space requirements under the Apartment Design Guidelines and its northern aspect provides a high level of amenity to the occupants. The terrace area is reasonable in size and is significantly separated from the habitable room windows to the neighbouring dwellings in excess of 12 metres to the adjoining habitable room windows between no. 10 Glenwood Avenue and nos. 77-79 and 81-83 Glenwood Avenue.

 

6.4.     Solar and Daylight Access

The Apartment Design Guidelines require that the living areas, private open space and communal open space to the neighbouring properties should receive between 2 hours of direct sunlight between the hours of 9am to 3pm at mid-winter, to at least 70% of apartments in a building. Most of the additional overshadowing is expected to fall on the immediate southern neighbour at no. 89 Mount Street. The extent of the additional overshadowing impacts has been assessed against the shadow diagrams submitted and received by Council on the 23 November 2015 and is acceptable in complying with the Apartment Design Guideline requirements.

 

Western neighbours: 77-79, 81-83, 85 and 87 Mount Street

 

The western neighbouring dwellings will maintain the required two hours of direct solar access to the habitable room windows and private open space areas between the hours of 11am – 1pm. The proposed development will shadow the subject premises during the morning periods between 9am – 11pm only and will preserve the required direct solar access thereafter.

 

Southern neighbour: 89 Mount Street 

 

The southern neighbour will be affected by the proposed development during different periods of the day. The shadowing length shortens and falls on the northern portion of the central courtyard area between the two building blocks by 10am and the extent of shadowing varies in size between 10am – 3pm. However, the extent of shadowing to the central courtyard is acceptable given the shadowing falls primarily on the northern portion adjacent the boundary fencing and the residual area is ample in size to accommodate the outdoor recreational activities of the occupants. Notwithstanding this, the ground floor north-facing windows of the rear building block at no. 89 Mount Street will be shadowed by 1pm and the north-facing upper floor units will be shadowed by 3pm. The extent of shadowing is acceptable and the communal open space area and the north-facing habitable room windows will comply with the minimum two hour requirement as per the Apartment Design Guidelines during the morning period.

 

Eastern neighbour: 8 Glenwood Avenue

 

The eastern neighbour will be impacted by the proposed development at 1pm with shadowing cast to the ground floor units and the solar access to the upper floor units will be reduced between 2pm-3pm. The extent of shadowing is acceptable given the reduction in solar access to the east facing units is limited to the afternoon period and will receive longer than the required two hours during the morning between 9am – 1pm. 

 

As demonstrated above, the proposal will continue to provide a reasonable level of overshadowing in that the neighbouring dwellings will continue to maintain the required two hours of solar access and will remain compliant with the Apartment Design Guidelines for Solar and Daylight Access.

 

7.        Randwick Development Control Plan 2012

 

C2: Medium Density Residential

View Loss

A number of objections have been received with regards to potential view loss impacts to the neighbouring dwellings located on the western side of the allotment. Particular regards are given to the submissions which raised issues regarding view loss impacts including:

 

·      77-79 Mount Street, Coogee

·      3/81-83 Mount Street, Coogee

 

In addition to the above, an objection was received by the eastern adjoining neighbour at no. 1/8 Glenwood Avenue. However, the views visible from the subject premise are to the west and consist of the rooftops of the properties along Mount Street. The views are neither considered to be valuable or significant and do not warrant its retention in accordance with the planning principles for view loss. 

 

The view loss impacts have been carried out from the affected neighbours as below in accordance with the Land and Environment Court Planning Principle established in the matter of Tenacity Consulting v Warringah (2004) NSWLEC 140:

 


 

1.     Quality of Views:

The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

 

77-79 Mount Street: The view from the rear deck is considered to be a distant water view which has been partially obscured by the roofs of the adjoining buildings and partial natural vegetation. The view does not establish any interface between the land and water. 

 

3/81-83 Mount Street: The view from the rear deck is considered to be a distant water view which has been partially obscured by the roofs of the adjoining buildings and partial natural vegetation. The view does not establish any interface between the land and water. 

 

2.   Reasonable Expectation of View Retention:

The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

 

77-79 Mount Street: The view is currently enjoyed on a standing position on the eastern end of the upper floor deck. The view is obtained from the rear of the premises and is not a side view.

 

3/81-83 Mount Street: The view is currently enjoyed on a standing position on the eastern end of the upper floor deck. The view is obtained from the rear of the premises and is not a side view.

 

3.   Extent of Impact:

The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

77-79 Mount Street: The impact of the view is not considered to be significant given its partial nature and its only visible location is between the existing roof forms along Glenwood Avenue and the natural vegetation at a distance. The view is not considered to be a whole view and is only visible from a certain standing position on the rear deck and cannot be enjoyed when standing in other positions.

 

3/81-83 Mount Street: Similar to the above, the view is considered to be a partial distant water view to Coogee and is not considered to be significant given it is largely interrupted by the roof lines and existing natural vegetation which impedes its visibility. The view is not considered to be a whole view or one that remains largely intact.

 

4.   Reasonableness of Proposed Development:

The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbors. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

77-79 Mount Street and 81-83 Mount Street:

The proposal is considered to be a reasonable form of development and generally complies with the suite building envelope controls as prescribed within the RLEP2012 and RDCP2013. The proposal will remain complaint with the floor space provisions, the 10.5 metre external wall height, the overall 12 metre building height, the side setbacks will replicate the existing building footprint, the new northern addition with a setback of 3 metres from the western side boundary and the minor non-compliance to the landscaping requirements by 3% will not bear any significance to the view loss impacts from the neighbouring buildings considering the quality of the view. Notwithstanding this, a compliant rear setback at 6.057 metres will not result in any net improvement given the views are enjoyed from a separate area of the neighbouring premises. In considering the above, the building envelope fits comfortably within the site and its general compliance with the building envelope provisions gives credit to its sympathetic built form.

 

In considering the above, and the resultant view loss impacts are acceptable.  

 

Landscaped and Open Space

The Council controls within the RCP2013 require that a minimum of 50% of the site be provided as landscaped open space. The subject site currently provides 47% (270sqm) of the site as landscaped open space and represents a minor departure from the Council control. The numerical non-compliance is acceptable and complies with the objectives for private open space for the following reasons:

 

·      The development continues to comply with the soft landscaping requirements within the subject premises as it provides 26% of the site for deep soil areas compliant with the minimum requirement of 25% of the RDCP2013 and the minimum of 7% as prescribed within the Apartment Design Guidelines. Compliance with the deep soil areas will provide ample areas to improve stormwater run-off to the adjoining buildings.

 

·      The landscaping areas are equally distributed throughout the site with landscaping provided within the front, rear and side setbacks allowing for an equal distribution of built and unbuilt upon areas within the site.

 

·      The proposed deep soil landscaped areas located at the rear of the subject site provide a deep soil depth of 6.2 metres and is adequate in size to accommodate the growth of significant trees and natural vegetation at the rear of the subject premises. 

 

·      The landscaped open space area, in particular at the rear of the premise is suitably sized to accommodate the outdoor recreational activities of the occupants within the communal open space area which totals approximately 87sqm.

 

In considering the above, the marginal non-compliance to the landscaped area is acceptable and will satisfy the objectives for landscaped open space.

 

 

 

Side Setback

The new second floor addition is setback 2.33 metres from the south-western corner and 1.73 metres centrally from the building block to the western side boundary and does not comply with the minimum setback requirements of 3 metres as prescribed by the RDCP2013. The departure from the numerical control does not contribute to any adverse environmental impacts to the neighbouring dwellings and will not compromise the appearance of the building within the streetscape. The deviation from the setback requirements does not contribute to adverse shadowing impacts given the neighbouring dwellings will continue to fully comply with the Apartment Design Guidelines for solar and daylight access; will not contribute to extensive view loss given the insignificance of the current views that are available; does not give rise to adverse visual privacy impacts to the adjoining buildings and the visual bulk and scale of the development is reasonable given the setback seeks to mirror the existing building envelope of the ground and first floor levels. Notwithstanding this, the non-compliance will not impact the rhythm of the setbacks given the setback to the western boundary is not visible from Glenwood Avenue and the side setback will continue to provide contiguous open space at the ground floor levels. The non-compliance to the side setback is acceptable and will satisfy the objectives for setbacks.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4a:      Improved design and sustainability across all development.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development is consistent with the relevant assessment criteria contained within the RDCP2013 and RLEP2012. The alterations and additions including new upper floor level and basement parking are considered to be reasonable in considering the impacts to the neighbouring dwellings and the appearance of the building within the streetscape. The proposal will provide a reasonable level of overshadowing and visual privacy that is consistent to the Apartment Design Guideline requirements and the view loss impacts and minor non-compliances to the side setback is acceptable given the compliance with the objectives of the RDCP2013.

 

Notwithstanding the above, the departure from the minimum parking standards as prescribed within the RDCP2013 is appropriate given its close proximity public transport infrastructure and the availability of facilities and services in meeting the day to day needs of the residents. The provisions of bicycle and motorcycle spaces above the minimum requirements prescribed within the RDCP2013 are aligned with the sustainable transport objectives that are prescribed within the RDCP2013 and the RLEP2012.

 

The compatibility of the building within the streetscape is also acceptable and in keeping with the desired future character of the local setting given its overall compliance with the prescribed building envelope provisions which positively contributes to the built form within Glenwood Avenue. 

 

In considering the above, Council is of a similar opinion to that of the previous development consent.

 

The application is recommended for approval subject for the following non-standard conditions of consent.

 

 

Recommendation

 

That Council's original determination of Development Application No. DA/203/2015 dated 8 December 2015, for the alterations and additions to the existing residential flat building including demolition of existing garage, construction of new upper level and rear 2 storey additions comprising 7 units and basement carparking for 6 vehicles, associated site and landscape works at No. 9 Glenwood Avenue, Coogee, be rescinded by way of Section 82A of the Environmental Planning and Assessment Act 1979 (as amended) and subject to the following conditions in this report:

 

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

Received by Council

DA1.01 Rev. E

Stubbs Design Tribe

14.10.15

5 November 2015

DA1.02 Rev. B

19.08.15

19 August 2015

DA1.03 Rev. C

14.10.15

5 November 2015

DA1.04 Rev. C

14.10.15

5 November 2015

DA1.05 Rev. A

12.03.15

26 March 2015

DA1.16 Rev. B

14.10.15

5 November 2015

 

BASIX Certificate No.

Dated

Received by Council

612807M

19 March 2015

26 March 2015

 

Amendment of Plans & Documentation

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

 

a.     The following windows be fixed and be provided with translucent, obscured, frosted or sandblasted glazing below 1.6 metre above the floor level:

 

·      First floor, west facing ensuite window (w29)

·      Second floor, east facing bedroom window (w33)

·      Second floor, east facing kitchen window (w35)

 

b.     The west facing privacy screens at the second floor level adjacent the internal courtyard and the roof terrace 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.

 

3.       A contribution of $83,665.00 for the purpose of mitigating the loss of low-rental accommodation pursuant to Clause 51 of the SEPP Affordable Rental Housing (2009). This must be paid to Council in one complete payment prior to an occupation certificate being issued. The contribution must be paid in cash, bank cheque or by credit card (surcharges apply to credit card payments) prior to any Occupation Certificate being issued.

 

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

4.       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

5.       The colours, materials and finishes of the external surfaces are to be implemented in accordance with the materials and finishes plan numbered DA18, Revision A, dated 10 August 2015 and received by Council on 18 August 2015.

 

In addition to the above, section plans and details of the facades at 1:50 scale are to be submitted to Council’s Manager Development Assessment for approval, in accordance with Section 80A (2) of the Environmental Planning & Assessment Act 1979 prior to construction certificate being issued to ensure the proposed building displays design excellence in terms of its material quality and presentation to the streetscape.

Section 94A Development Contributions

6.       In accordance with Council’s Section 94A Development Contributions Plan effective from 21 April 2015, based on the development cost of $2,231,950.00 the following applicable monetary levy must be paid to Council: $22,319.50.

 

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. Please contact Council on telephone 9399 0999 or 1300 722 542 for the indexed contribution amount prior to payment.

To calculate the indexed levy, the following formula must be used:

IDC = ODC x CP2/CP1

Where:

IDC = the indexed development cost

ODC = the original development cost determined by the Council

CP2 = the Consumer Price Index, All Groups, Sydney, as published by the ABS in  respect of the quarter ending immediately prior to the date of payment

CP1 = the Consumer Price Index, All Groups, Sydney as published by the ABS in respect of the quarter ending immediately prior to the date of imposition of the condition requiring payment of the levy.

 

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

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

 

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

 

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

 

Security Deposit

8.       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:

 

·           $2000.00    -      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.

 

Sydney Water Quick Check

9.       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.

 

10.     Prior to the issuing of a Construction certificate, a detailed report shall be submitted to and approved by Council’s Landscape Officer, prepared by a suitably qualified Arborist detailing the health status and retention of trees located on adjoining sites during the development.

 

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 building work including upgrading the existing premises (including alterations, additions, 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.

 

13.     The building and fire safety upgrading works must be included in the Construction Certificate for the development and must be carried out prior to issuing of a final Occupation Certificate for the development.  Written correspondence must be provided to Council which confirms that all of the upgrading works have been carried out in accordance with the conditions of consent.

 

Access & Facilities

14.     Access and/or facilities for people with disabilities must be provided to all new building work in accordance with any relevant provisions of the Building Code of Australia Disability (Access to Premises – Buildings) Standards 2010, to the satisfaction of the Certifying Authority.

 

Structural Adequacy

15.     Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority), certifying the structural adequacy of the existing structure to support the upper floor additions

 

Traffic conditions

16.     Plans submitted for the construction certificate must demonstrate the following requirements in relation to the vehicle access;

 

a)     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.

 

b)     The minimum width of the driveway (between walls) shall be 3.6m comprising of 3.0m wide travel path and 0.3m clearance each side.

 

c)     3 Motorbike space (two additional spaces are to be accommodated alongside carspaces for Unit 03 and Unit 06) and 4 bicycle spaces are to be provided for this development.

 

Design Alignment levels

17.     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:

 

·       180mm above the gutter level at all points opposite, along the full site frontage.

 

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

 

18.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $568 calculated at $52.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Stormwater Drainage & Flood Management

19.     Windows, vents and other openings into the basement carpark (excluding the driveway opening) are to be located at least 500 mm above adjacent ground level flood level. Details demonstrating compliance with this condition are to be included in the construction certificate documentation.

 

20.     The building, including building footings, are to be designed to ensure that they will not be adversely affected by stormwater, floodwater and/or the water table.

 

            All proposed footings located adjacent to drainage easements shall either be:

A.   Founded on rock, or;

B.   Extended below a 30 degree line taken from the level of the pipe invert at the edge of the drainage reserve/easement (angle of repose).

Structural details demonstrating compliance with this condition shall be submitted with the construction certificate application.

The footings 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 the certifying authority prior to proceeding to the subsequent stages of construction.

 

21.     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.

 

Any works within the road reserve/public place must be carried out to the satisfaction of Council and certification from a professional engineer is to be provided to Council upon completion of the works.

 

Relevant Council Assessment and Inspection fees, as specified in Council's adopted Pricing Policy, are required to be paid to Council prior to commencement of the works.

 

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.

 

i.     The stormwater must be discharged (by gravity) directly to the kerb and gutter in front of the subject site on Glenwood Street.

 

b)     The maximum discharge from the site shall not exceed 25L/S for all storms up to the 1 in 20yr storm. An on-site stormwater detention system may be required to ensure that this amount is not exceeded 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),

 

c)     Determination of the required cumulative storage (in the on-site detention 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.

 

d)     Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Private Stormwater Code.

 

e)     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.

 

f)      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 Development Engineer.

 

g)     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).

 

h)     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)

ii.    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)

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

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

v.    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.

 

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

 

j)      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 area.

 

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

 

l)      Site discharge pipelines shall cross the verge at an angle no less than 45 degrees to the kerb line and must not encroach across a neighbouring property’s frontage unless approved in writing by Council’s Development Engineering Coordinator.

 

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

 

Site seepage

23.     The development must comply with the following  requirements to ensure adequate management of any 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 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 the basement levels 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. A copy of the proposed method for tanking the basement levels must be forwarded to Council if Council is not the Certifying Authority.

 

Waste  Management

24.     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 Planning.

 

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 use of the premises and the number and size of occupancies.

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

·       Demolition and construction waste, including materials to be re-used or recycled.

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

·       The procedures and arrangements for on-going waste management including collection, storage and removal of waste and recycling of materials.

 

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

       

25.     The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

BASIX Requirements

26.     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.

 

Landscaping

27.     Landscaping is to be provided to the site in accordance with the following requirements:

 

Detailed landscape drawings and specifications are to be submitted to and approved by the certifying authority with the construction certificate and the landscaping is required to be implemented in accordance with the approved plans and specifications. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). If Council is not the certifying authority for the development, a copy of the approved plans and specifications are to be forwarded to Council with the construction certificate.

 

The landscaping plans/specifications are required to include the following components:

 

a)     The position, canopy spread (location of dripline), trunk diameter, height and names of all existing trees upon the site and adjoining sites within 6 metres of the common property boundary which are likely to be affected by the development.

 

b)     A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting and existing trees to be retained. All plants are to be drawn at their mature size with a dense planting of shrubs, accent plants and ground covers within all garden beds so that a continuous planted cover is achieved. Plant spacings are to be clearly indicated for all accent and groundcovers.

 

c)     The landscape plan must include the provision of a minimum of ...... x ..... litre broad canopied tree/s (not palms) suitably located within the site. The tree/s selected shall be of a species that attain a minimum height of 6 metres at maturity.

 

d)     A planting schedule listing all plants by botanic & common names, plant numbers, plant spacings for groundcovers and accent planting, pot sizes, the estimated size of the plant at maturity (height & spread) and proposed staking methods when applicable.

 

e)     Details of planter boxes, garden beds, soil and mulch, irrigation, landscape lighting, edging, paving, fencing, surface finishes, retaining walls, site composting, vehicle wheel-stops and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

Planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm.

 

f)      Details of Tree Protection measures, including details of compliance with relevant conditions of consent.

 

g)     Position of existing and proposed site services including water, gas, electricity, sewer, stormwater and any easements etc.

 

Any required substation shall be suitably screened from view. Details of the proposed location of any substation/s including plans, elevations and proposed screening methods are to be submitted to and approved by Council prior to issuing a construction certificate.

 

h)     Elevations and sections through the site showing the existing and proposed groundlines, building elevations, and mature height of proposed planting.

 

i)      An automatic irrigation system throughout all planted areas to ensure satisfactory maintenance of the landscaping. The system shall provide full coverage to all the planted areas with no overspray onto driveways and pathways. The system shall comply with all Sydney Water requirements.

 

28.     All detention tanks and stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping on top of these services as required by these conditions of development consent. Details are to be included in the relevant construction certificate and landscape plans.

 

29.     Site landscaping is required to satisfy the following requirements:

 

a)     Landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions. [OR]

 

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 Regulatory Requirements

30.     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.

 

Demolition Work & Removal of Asbestos Materials

31.     Demolition work must be carried out in accordance with the following requirements:

 

a)     Demolition work must be carried out in accordance with Australian Standard, AS2601 (2001) - The Demolition of Structures and a Demolition Work Plan is required to developed and implemented to the satisfaction of the Principal Certifying Authority prior to commencing any demolition works.

 

b)     The demolition, removal, storage and disposal of any materials containing asbestos must be carried out in accordance with the relevant requirements of WorkCover NSW, Council’s Asbestos Policy and the following requirements:

 

·          A licence must be obtained from WorkCover NSW for the removal of friable asbestos and or more than 10m2  of bonded asbestos (i.e. fibro)

·          Asbestos waste must be disposed of in accordance with the Protection of the Environment Operations Act 1997 & relevant Regulations

·          A sign must be provided to the site/building stating “Danger Asbestos Removal In Progress”

·          A Clearance Certificate or Statement must be obtained from a suitably qualified person (i.e. Occupational Hygienist) upon completion of the asbestos removal works, which is to be submitted to the Principal Certifying Authority and Council prior to issuing an Occupation Certificate.

 

·          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.

 

Construction Noise & Vibration

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

 

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

 

A Construction Noise and Vibration Management Plan, prepared in accordance with the DECC Construction Noise Guideline, by a suitably qualified person is to be developed and implemented throughout the works, to the satisfaction of the Council.  A copy of the plan must be provided to the Council and Principal Certifying Authority prior to the commencement of site works.

 

Dilapidation Report

33.     A dilapidation report must be obtained from a Professional Engineer, Building Surveyor or other suitably qualified independent person, in the following cases:

 

·           excavations for new buildings, additions to buildings and other substantial structures which are proposed to be located within the zone of influence of the footings of a building located upon an adjoining  premises;

 

·           buildings sited up to shared property boundaries (e.g.  terraced or attached buildings).

 

·           excavations for new buildings, additions to existing buildings 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 dilapidation report shall include details of the current condition and status of any building or other substantial structure located upon the adjoining or nearby premises and shall include relevant photographs of the structures, to the satisfaction of the Principal Certifying Authority.

 

·           The dilapidation report must be submitted to the Council, the Principal Certifying Authority and the owners of the adjoining/nearby premises encompassed in the report, prior to commencing any site works (including any demolition work, excavation work or building work).

 

 

Construction Traffic Management

34.     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 Glenwood Avenue 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.

 

35.     A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to the commencement of any site work.

 

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 & Maritime Services, 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

 

The approved Construction Site Traffic Management Plan must be complied with at all times, and any proposed amendments to the approved Construction Site Traffic Management Plan must be submitted to and be approved by Council in writing, prior to the implementation of any variations to the Plan.

 

36.     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.

 

          Public Utilities

37.     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.

 

38.     Documentary evidence from the relevant public utility authorities confirming they have agreed to the proposed works and that their requirements have been or are able to be satisfied, must be submitted to the Principal Certifying Authority prior to the commencement of any demolition, excavation or building works.

 

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.

 

Construction Site Management Plan

39.     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.

 

Demolition Work Plan

40.     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 demolition/building 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.

 

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

41.     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.

 

Excavations & Support of Adjoining Land

42.     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.

 

43.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

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

 

Permitted Working Hours

44.     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 or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Internal work only within a commercial or industrial development, located in a commercial or industrial zone, which is not audible within any residential dwelling or commercial or industrial premises

·   Monday to Saturday - No time limits (subject to column 1)

·   Sunday & public holidays - No work permitted

Additional requirements for all development (except for single residential dwellings)

·   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.

 

 

Construction Site Management

45.     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 throughout 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,

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

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

 

b)     The roadway, footpath and nature strip 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)     Building materials, sand, soil, waste materials, construction equipment or other materials or articles must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

 

d)     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.

 

e)     During demolition and construction, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to the satisfaction of Council.

 

Details of the proposed sediment control measures are to be detailed in the site management plan which must be submitted to the Principal Certifying Authority and Council prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the plan is to be maintained on-site and be made available to Council officers upon request.

 

f)      Public safety must be maintained at all times and public access to any demolition and 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. Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible. If necessary, an overhead (B Class type) hoarding may be required to protect the public or occupants of the adjoining premises from falling articles or materials.

 

If it is proposed to locate any site fencing, hoardings or items upon any part of the footpath, nature strip or any public place, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services department beforehand. Details and plans are to be submitted with the application, together with payment of the weekly charge in accordance with Council’s adopted Pricing Policy.

 

g)     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.

 

h)     A Road / Asset Opening application must be submitted to and be approved by 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.

 

All works within or upon the road reserve, footpath, nature strip or other public place are to be completed to the satisfaction of Council, prior to the issuing of an occupation certificate for the development. For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

46.     Prior to undertaking any demolition, excavation or building work in the following circumstances, a report must be obtained from a professional engineer which details the methods of support for the dwelling or associated structure on the adjoining land, to the satisfaction of the Principal Certifying Authority:

 

·      when undertaking excavation or building work within the zone of influence of the footings of a dwelling or associated structure that is located on the adjoining land;

·      when undertaking demolition work to a wall of a dwelling that is built to a common or shared boundary (e.g. semi-detached or terrace dwelling);

·      when constructing a wall to a dwelling or associated structure that is located within 900mm of a dwelling located on the adjoining land;

·      as may be required by the Principal Certifying Authority.

 

The demolition, excavation and building work and the provision of support to the dwelling or associated structure on the adjoining land, must also be carried out in accordance with the abovementioned report, to the satisfaction of the Principal Certifying Authority.

 

Building Encroachments

47.     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

48.     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

49.     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.

 

50.     All work, including the provision of barricades, fencing, lighting, signage and traffic control, must be carried out in accordance with the NSW Roads and Traffic Authority publication - ‘Traffic Control at Work Sites’ and Australian Standard AS 1742.3 – Traffic Control Devices for Works on Roads, at all times.

 

51.     All conditions and requirements of the NSW Police, Roads & Maritime Services, Transport and Council must be complied with at all times.

 

Stormwater Drainage

52.     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.

 

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

53.     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.

 

Fire Safety Certificate Requirements

54.     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 of the Fire Safety Certificate and Fire Safety Schedule must also be forwarded to Fire & Rescue NSW.

 

Noise Emissions - Certification

55.     Where plant and equipment is installed in the premises (e.g. air-conditioners, mechanical ventilation/exhaust systems or refrigeration motors etc), a written report or statement must be obtained from a suitably qualified and experienced consultant in Acoustics.

 

The report/statement must demonstrate and confirm that noise and vibration from the development 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, Council’s conditions of consent (including any relevant approved acoustic report and recommendations), to the satisfaction of Council.  The assessment and report must include all relevant fixed and operational noise sources and a copy of the report/statement must be provided to Council prior to the issue of an Occupation Certificate.

 

BASIX Requirements

56.     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.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

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

a)     Construct a full width concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site, to Council’s specifications and requirements .

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

c)     Construct kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points, to Council’s specifications and requirements.

d)     Re-construct kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points, to Council’s specifications and requirements.

e)     Carry out a full depth, 1 metre wide, road construction in front of the kerb and gutter along the full site frontage, to Council’s specifications and requirements.

f)      Reconstruct a full width footpath along the Glenwood Street  site frontage. 

 

58.     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.

 

59.     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 Civil 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.

 

60.     The naturestrip 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.

 

Service Authorities - Sydney Water Requirements

61.     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 the issuing of an Occupation Certificate or strata certificate, whichever the sooner.

 

Undergrounding of Site power

62.     As a mains power distribution pole is located on the same side of the street and within 15m of the development site, the applicant/developer  must meet the full cost for Ausgrid to relocate the existing overhead power feed between the mains  distribution pole in Glenwood Avenue and the development site to an underground (UGOH) connection.

 

Stormwater Drainage

63.     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.

 

64.     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).

 

65.     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.

 

66.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council certification from a suitably qualified and experienced professional engineer, confirming that the walls of the basement have been fully tanked and waterproofed to prevent the entry of all groundwater in the basement level/s and that any required sub-soil drainage systems have been provided in accordance with the conditions of this consent..

 

Landscaping

67.     The landscaping shall be installed in accordance with the approved plans and specifications prior to occupation of the development and the landscaping must be maintained in accordance with the approved plans and specifications.

 

Certification is to be obtained from a suitably qualified Landscape Architect and submitted to the Principal Certifying Authority (PCA) (and Council, if Council is not the PCA) prior to the occupation of the development, which confirms that the landscaping works have been completed in accordance with the approved landscaping plans and relevant conditions of development consent, to the satisfaction of the PCA.

 

Waste Management

68.     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.

 

69.     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.

 

External Lighting

70.     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.

 

Stormwater Detention/Infiltration  System

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

 

Residential Parking Permits

72.     All prospective owners and tenants of the building must be notified that Council will not issue any residential parking permits to occupants/tenants of this development.

 

73.     A notice shall be placed in the foyer/common areas of the building advising tenants/occupiers that they are in a building which does not qualify for on-street resident parking permits.

 

Plant & Equipment

74.     The operation of all plant and equipment upon the premises 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 & Heritage (EPA) Noise Control Guidelines.

 

Air Conditioners

75.     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.

 

Rainwater Tanks

76.     The operation of plant and equipment associated with rainwater tanks are to be restricted to the following hours if the noise emitted can be heard within a habitable room in any other residential premises:

 

·       before 8.00am or after 8.00pm on weekends or public holiday; or

·       before 7.00am or after 8.00pm on weekdays.

 

Fire Safety Statements

77.     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

78.     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.

 

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

 

Waste Management

80.     Adequate provisions are to be made within the premises for the storage, collection and disposal of waste and recyclable materials, to the satisfaction of Council.

 

REQUIREMENTS PRIOR TO THE ISSUE OF A SUBDIVISION/STRATA CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing a ‘Subdivision certificate’ or ‘Strata Certificate’.

 

These conditions have been applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works.

 

81.     A formal application for a strata certificate is required to be submitted to and approved by Council or an accredited certifier and all relevant conditions of this development consent are required to be satisfied.

 

82.     All floors, external walls and ceilings depicted in the proposed strata plan must be constructed.

 

83.     All floors, external walls and ceilings depicted in the proposed strata plan must correspond to those depicted in this development consent and construction certificate  for the building.

 

84.     Parking allocation shall be as follows

 

a)  The 3 bedroom unit must be allocated 1 car space

b)  The remaining 5 spaces  must each  be dedicated to a separate dwelling within the strata scheme

c)  Parking spaces  must form part of the subject strata lot and must not be depicted as Utility lots.

 

85.     Details of critical stage inspections carried out by the principal certifying authority, together with any other certification relied upon, must be provided to Council or the accredited certifier.

 

86.     Should a detention system be provided a  "restriction on the use of land” and “positive covenant" (under section 88B of the Conveyancing Act 1919) shall be placed on the title of the subject property (in conjunction with registration of the plan of subdivision) to ensure that the onsite detention system is maintained and that no works which could affect the design function of the detention system are undertaken without the prior consent (in writing) from Council. The restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

The “restriction on the use of land” and “positive covenant” are to be prepared and specified 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 City Services Department.

 

87.     The applicant shall create suitable right of carriageway, easements for services and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

88.     The conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to endorsement of the strata subdivision plans.

 

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 $3,000) 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      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.

 

A3      The assessment of this development application does not include an assessment of the proposed building work under the Building Code of Australia (BCA) and Disability (Access to Premises – Buildings) Standards 2010.

 

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.

 

A4      Building owners and occupiers should consider implementing appropriate measures to prevent children from falling from high-level window openings and balconies (e.g. by installing window locking devices; installing heavy-duty screens to window openings; limiting the dimensions of any openings to 125mm; ensuring balustrades to balconies are at least 1m high and; locating fixtures, fittings and furniture away from high-level windows and balconies).

 

For further information about preventing falls from windows and balconies refer to www.health.nsw.gov.au/childsafety or pick-up a brochure from Council’s Customer Service Centre.

 

A5      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.

 

A6      In accordance with the requirements of the Environmental Planning & Assessment Act 1979, building works, including associated demolition and excavation works (as applicable) 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.

 

A7      Council’s Building Certification & Fire Safety team can issue your Construction Certificate 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 on 9399 0944.

 

A8      A Local Approval application must be submitted to and be approved by Council 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 on 9399 0944.

 

A9      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.

 

A10     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.

 

A11     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).

 

A12     Smoke alarms are required to be installed in all residential dwellings, in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979 and the Building Code of Australia.  Details should be included in the construction certificate application.

 

A13     Demolition work and removal of asbestos materials:

 

§  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.

 

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

 

A14     Any external lighting to the premises should be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

A15     Underground assets may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets please contact Dial before you dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (This is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial before you dig service in advance of any construction or planning activities.

 

A16     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.

 

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.

 

A18     Building owners and occupiers should consider implementing appropriate measures to prevent children from falling from high-level window openings and balconies (e.g. by installing window locking devices; installing heavy-duty screens to window openings; limiting the dimensions of any openings to 125mm; ensuring balustrades to balconies are at least 1m high and; locating fixtures, fittings and furniture away from high-level windows and balconies).

 

For further information about preventing falls from windows and balconies refer to www.health.nsw.gov.au/childsafety or pick-up a brochure from Council’s Customer Service Centre.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               23 February 2016

 

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Director City Planning Report No. CP3/16

 

Subject:                  15 Bond Street, Maroubra (DA/566/2013/A)

Folder No:                   DA/566/2013/A

Author:                   Perry Head, Environmental Planning Officer      

 

Proposal:                    Section 96 modification to the approved development including alterations to the front fence, a new ground floor façade window, change to external finishes, installation of solar panels and minor variation to internal floor levels of the building

Ward:                     Central Ward

Applicant:                Jeffrey Morton

Owner:                        Fiona Morton

Summary

Recommendation:     Approval

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Subject Site

 

 

 

 

Submissions received

 

 

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North

 

Locality Plan

 

Development Application Executive summary report

 

This Section 96(2) application is referred to Council for determination as the original application was determined at the Committee Meeting of the 13 May 2014.


 

Proposal

 

The application to modify the development consent includes the following modifications;

 

a)  Replace the existing double doors to the front ground level living room with a bay window

b)  Replace the approved double doors to the rear family room with a window,

c)  Change the external finish to the rear of the dwelling to match the approved cladding of the dwelling.

d)  Correct the actual finished floor level of the dwelling from the originally shown RL40.20 to the actual RL40.27.

e)  Lower the level of the mezzanine floor from RL42.65 to RL42.62.

f)  The installation of a solar panel to the roof of the dwelling,

g)  Modify the existing front fence and entry gates to raise the height of the fence and gates to 1800mm and provide infill timber panels between the piers of the fence which are a minimum 30% open.

h)  Replace the existing garage concrete floor with a new floor at the same level as the approved addition to the garage.

Site

 

The site is on the southern side of Bond Street between Bona Vista Avenue and Duncan Street. The site is a rectangular allotment with a frontage of 15.24m and depth of 54.255m with a site area of 827m². The site has a cross fall of 2m from west to east and a fall of up to 7.74m from the front to rear.

 

Photo 1: Street view subject site

 

Section 96 Amendment

 

Under the provisions of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria has been complied with:

 

Substantially the Same Development

The modifications will not result in a change to the nature of the original application and for the purposes of considering a Section 96 application satisfies the definition as to what Council can consider as a modification to the original development consent.

 


 

Submissions

 

The owners of adjoining and likely affected neighbouring properties were notified of the proposed development in accordance with the Randwick Comprehensive DCP 2013. The following submissions were received as a result of the notification process:

 

Issue

Comment

5 Bond Street Maroubra

 

-The solar system is to be at the highest point of the building and will be visible from the street. The location of the system is not satisfactory and it is noted that the site is in the scenic protection area.

 

9 Bond Street Maroubra

 

-The installation of the solar panels will breach the height limits and there is no justification to override the height limits. There are two alternative solutions to siting the solar panels on the north sloping roof or they should be fitted on a flat section of the roof.

 

 

The proposed solar panels are located upon the rear mid section of the roof and are 1.8m in width. Due to the angle that the panel is fixed only the top most portion of the panel will protrude above the top of the roof.

 

In the context of the approved development the solar roof panel is considered to be a minor ancillary element that will not be highly visible in the streetscape and will not detract from the visual amenity of the streetscape, or from the aesthetic values of the foreshore scenic protection area.

 

It is also noted that overall the development satisfies the definition of what may be considered under a Section 96 application in that the development will remain substantially the same development.

 

Key Issues

 

·      Streetscape and Amenity Impacts

The main issues for consideration are whether the proposed modifications will result in any adverse impacts upon the amenity of the adjoining residents or the established streetscape.

 

The extent of modifications overall are relatively minor in the context and scope of the approved development and the proposal maintains the approved building footprint and layout. The increase in height beyond the 9.5m height limit is minor and consistent with the other areas of the building which already exceed the height limit.

 

The proposed alterations to the existing front fence and gates are consistent with the objectives of the RDCP – Low Density Residential, Fencing, in that they will not adversely affect the amenity of the pedestrian environment or detract from the streetscape character.

 

With respect to the proposed solar panels, there are no specific controls in relation to their placement, except in relation to buildings in conservation areas. The location of the solar panels are to the mid rear section of the building and will project above the topmost point of the roof. The width of the solar panels is approximately 1.8m and at the highest point they are 600mm above the roof. Notwithstanding, the proposed panels would not detract from the aesthetic qualities of the foreshore scenic protections area.

 

There are no objections to the position of the solar panels as they will not be a visually dominant building element and the environmental benefits provided by their installation and use outweigh any negative impact that may be apparent by their appearance.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4a:      Improved design and sustainability across all development.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed modification to the approved development is satisfactory as it complies with the relevant controls and objectives of the RDCP 2013. The modifications are minor in nature, are generally in keeping with the original approval and will not result in any significant adverse impact upon the amenity of the adjoining residents.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 96 of the Environmental Planning and Assessment Act 1979, as amended, to modify Development Consent No. DA/566/2013/A for the development at 15 Bond Street Maroubra in the following manner:

 

·      Amend condition 1 to read:

1.       The development must be implemented substantially in accordance with the plans;

 

Plan

Drawn by

Dated

Received by Council

DA.01 Revision A

Jdc Design

June 2013

2nd September 2013

DA.02 Revision A

Jdc Design

June 2013

2nd September 2013

 

BASIX Certificate No.

Dated

Received by Council

A165748

2nd September 2013

2nd September 2013

 

as amended by the plans;

 

Plan

Drawn by

Dated

A.01 Revision G

Architechnik

8th September 2015

A.02 Revision G

Architechnik

8th September 2015

 

BASIX Certificate No.

Dated

A165748_02

7th September 2015

 

Only in so far as they relate to the modifications highlighted in 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.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               23 February 2016

 

RCC LOGO_Stacked_COLOUR_RGBDirector City Planning Report No. CP4/16

 

Subject:                  Anzac Day Dawn Service at Coogee Beach

Folder No:                   F2016/00042

Author:                   Katie Anderson, Manager, Cultural Events and Venues     

 

Introduction

 

Randwick Council over a number of years assisted the local RSL sub-branches to stage their Anzac Day commemorations.  In 2015 the Sub-branches of Coogee Randwick Clovelly, Kensington and Malabar joined together to hold a special Dawn Service at Coogee Beach to commemorate 100 years since the Anzac landing at Gallipoli, as part of the 2014-2018 Anzac Centenary.

 

The 2015 event was extremely well attended by the community, with over 20,000 people going to the service. The sub-branch of Coogee Randwick Clovelly have received a number of requests from the community about holding this event at Coogee Beach in 2016 to build on the momentum of the Centenary service.

 

In order for the Coogee Randwick Clovelly RSL Sub-branch to hold the Dawn Service at Coogee Beach, Council has been requested to assist with the cost.

 

Issues

 

The Centenary of Anzac 2014 to 2018 marks 100 years since Australia’s involvement in the First World War. These years are being marked as the Centenary because 2014 was 100 years since the War started; 2015 was 100 years since the first landing at Gallipoli, and 2018 marks 100 years since the war ended. 2014-2018 are being commemorated as the ANZAC Centenary years by the Department of Veteran Affairs. 

 

The Anzac Centenary is a time to honour the service and sacrifice of our original ANZACs, and the generations of Australian servicemen and women who have defended our values and freedoms, in wars, conflicts and peace operations throughout a Century of Service. 

 

The Coogee Randwick Clovelly sub-branch have historically held their dawn service at High Cross Park in Randwick, however last year they held a joint service with the Kensington and Malabar sub-branches at Coogee Beach.

 

The Coogee Randwick Clovelly sub-branch is considering holding their Anzac Day Dawn Service at Coogee Beach once again. This follows the success of the 2015 service at Coogee Beach and will cater for an anticipated crowd of 10 000 people.

 

The Coogee Randwick Clovelly sub-branch is not in a position to cover the total cost of the expanded Dawn Service at Coogee Beach.

 

Four sub-branches (Kensington, Matraville, Malabar & Maroubra) are holding their own independent dawn services at their respective Clubs and Memorials.

 

The cost of holding this event is outlined:

Item

Cost

Production – audio visual, sound & staging, power, fencing, security

$32,000.00

Publicity and Promotion – advertising, banner, printing, letterbox distribution

$12,000.00

Marquee/equipment hire

$6,750.00

Music/band/First AID

$1,750.00

TOTAL EXPENDITURE

$52,500.00

 

The sub-branch will be contributing $5,000.00 towards the event. The sub-branch has advised that it will source $20,000.00 in sponsorship from local businesses.

 

The sub-branch committee require financial assistance of $27,500.00 from Council to help fund the costs of holding this significant Anzac Day Dawn Service event. 

 

The sub-branch would also require in-kind support to the value of approximately $5,000.00 (traffic management advice, use of temporary cenotaph, event management advice, graphic design assistance, printing, reserving Dolphin Street car park, hiring of outdoor space, removing wreaths from Coogee and replacing them at High Cross Park and Fallen Life Savers Memorial, provision of bins and event staff assistance on the day).

 

The 2015 Dawn Service at Coogee Beach drew a lot of interest, attracting over 20,000 people to the area. There was benefit to local businesses as the crowd dispersed to cafés and shops following the service. The community also appreciated the opportunity to attend such a special local service, with a number of people commenting that it was easier than attending the service in the city and being able to watch the sun rise over the beach was a special experience. It is anticipated that although 2015 crowds were high due to it being 100 years since the landing at Gallipoli, large crowds would still be expected to attend in 2016 if the service was held at Coogee Beach which can accommodate more people than alternate venues.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse community.

Direction 2b:      Enrich our range of community services that meet our community’s needs.

 

Financial impact statement

 

The sub-branch would require financial assistance from Council to the amount of $27,500 cash and $5,000 worth of in-kind support to hold the 2016 Anzac Day Dawn Service at Coogee Beach.  If Council was to support this event the amount would need to be funded through Council’s contingency fund. 

 

Conclusion

 

This year, the nation will continue to hold special Anzac Day events commemorating the Centenary years.

 

The annual Dawn Service held by the Coogee Randwick Clovelly sub-branch at High Cross Park requires a new venue due to increased interested in Anzac commemorative events and to build on the momentum of the crowds attending the Coogee service in 2015. Following the large numbers of people attending the 2015 Dawn Service at Coogee Beach the Coogee Randwick Clovelly sub-branch are considering holding their annual ANZAC Day Dawn Service at Coogee Beach again, pending the financial assistance required to proceed with this event.

 

Held at sunrise on the beach, the Dawn Service is expected to attract more than 10,000 people.

 

The event will be promoted as an alternative to the City events and will be accessible for families and the elderly.  As this is the most important event in the RSL calendar, and to ensure its smooth operation on the day, a decision by Randwick City Council to support this event is considered appropriate.

 

 

 

 

Recommendation

 

That Council support our local RSL sub-branches in the organisation of the 2016 Anzac Day Dawn Service at Coogee Beach through the provision of:

 

a)     financial assistance of $27,500.00 for the hire and installation of various equipment and promotion to the community, to be funded through Council’s contingency fund;

b)     in-kind assistance to the value of $5,000.00 as detailed in this report to be funded through Council’s contingency fund;

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

d)     this funding be added to the annual Events Budget.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               23 February 2016

 

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Director City Planning Report No. CP5/16

 

Subject:                  Status Report on Kingsford & Kensington Town Centre Review - Issues Paper

Folder No:                   F2015/00419

Author:                   Stella Agagiotis, Co-ordinator, Strategic Planning     

 

Introduction

 

A Kingsford and Kensington Town Centres Review (the “review”) is being undertaken to ensure the planning framework for these town centres is robust, up to date and well aligned to meet future needs. 

 

It takes into account key drivers including metropolitan and subregional directions to investigate urban renewal opportunities in the town centres, district (subregional) dwelling and employment targets to meet revised population projections for Randwick City (yet to be released), as well as the rollout of the CBD to South East Light Rail (CSELR) project which will change the way people move in and around the centres.

 

The review of the town centres was identified in the Operational Plan 2013-2017, under Action 4a.1 to achieve Outcome 4Excellence in urban design and development. Stage 1 involves preliminary information gathering and a baseline analysis of the town centres, which commenced in July 2015. Councillors were advised of the work being carried out in Stage 1 through the Councillors Bulletin.

 

The Issues Paper forms stage 2 of the planning review of the town centres. It sets out the existing situation, including key planning and urban design issues affecting the town centres, opportunities and justification for the directions and actions to be addressed by the Planning Strategy which will form stage 3 of this review. This staged process is summarised below:

Background

Kingsford Town Centre has not been subject to a detailed planning review since the last study was undertaken in the late 1990s. The subsequent development control plan for the centre has now been in effect for more than 20 years, and since that time, a number of planning and design issues have emerged such as aging building stock, deteriorating urban fabric, increasing traffic congestion, the nature of economic activity, employment trends and specialisations. Over the last 20 years, significant housing stock has been provided in these town centres.

 

Kensington Town Centre is also affected by similar planning and design issues, with planning controls (DCP) developed in 2002. This DCP is nearly 15 years old and was translated in its current form into the current Comprehensive DCP 2013. It provides mostly local services and retail functions for the community, whilst Kingsford has a greater mix of retailing and a vibrant restaurant culture, attracting a high proportion of students from UNSW. Residential uses in each centre are in the form of mixed use development with ground floor retailing and upper level apartments.

 

Drivers for the Planning Review

 

The planning review will provide an opportunity to align the local planning framework with Council and community expectations for the town centres, ensuring development occurring in the future is undertaken in a coordinated and integrated manner.

 

The light rail project is not predicated on growth occurring along Anzac Parade, the EIS clearly outlined this position and this has been further clarified by TfNSW. Having said this, the light rail will change the way people move into and around the town centres, and will present opportunities for urban renewal and economic shifts as envisaged by the State Government’s metropolitan planning objectives for key transport corridors in Sydney.

 

The State Government is about release updated dwelling and employment targets for Randwick City to address revised population growth projections, with the expectation that a portion of this will be accommodated in town centres that are well serviced by public transport and amenities. The Department of Planning and Environment has been liaising with Council staff in developing projected dwelling and employment numbers for this region.

 

Over the last 12 months a number of planning proposals have been lodged (Figure 1). The town centres planning review is timely.  These planning proposals are undermining Council’s strategic planning process and future desired character of the Kingsford and Kensington Town Centres.

 

Recent Planning (Rezoning) Proposals

 

Table 1 and Figure 1 shows the status of the two planning proposals refused by Council on the basis that they lack a coherent strategic focus and would lead to an inconsistency in the established planning controls leading to poor development outcomes in the Kingsford and Kensington town centres.

 

After considering Council’s and the proponent’s case, the Sydney East Joint Regional Planning Panel (JRPP) recently recommended that these two (2) planning proposals should not be submitted for Gateway determination, in line with Council’s position. The JRPP based its decision on Council’s position that increased density should be based on a review of the whole town centre and public transport catchment, with consideration of urban design, rather than be restricted to the context of individual development sites. In their deliberations, whilst noting the Council’s current planning work for the town centres, there was consensus that the numerous planning proposals being submitted within these centres demonstrates that the controls are outdated. They strongly advised that Council should review and update its planning framework and controls for the centres in a timely manner.

 

A further two (2) planning proposals were lodged with Council in December 2015, both proposing increased heights of up to 83-85 metres (24-26 storeys) on Anzac Parade, Kensington. Another planning proposal is pending with lodgement expected imminently, with recent presentations to the Design Review Panel (DRP) and discussions with Council staff.

 

Table 1: Status of Planning (Rezoning) Proposals

 

Site

Existing controls

Proposal

Status

84-108 Anzac Parade Kensington

(“Luxcon Site”)

Max height 25m

Partly 34m, part 41.5m

Council resolved to refuse proposal on 28/07/ 2015.

 

JRPP recommended proposal should not be submitted for Gateway determination (3/12/2015).

 

81-103 Anzac Pde Kensington

Max height partly 12, partly 25m

20 storeys (~60m)

Pending lodgement.

Underwent presentation to Design Review Panel (14/12/2016)

 

111-125 Anzac Pde Kensington

(“K1 Site”)

Max height partly 21m, partly 25m

26 storeys (~85m)

Lodged with Council (24/12/2015)

 

139-151 Anzac Pde Kensington

(“K2 Site”)

Max height 25m

24 storeys

(~83m)

 

Lodged with Council (24/12/2015)

 

395,397-397A Anzac Pde and 1&17 Bunnerong Rd Kingsford

(“Kingsford Triangle Site”)

Max height 24m

19-21 storeys

(~60m)

Council resolved to refuse proposal on 25/11/2014.

 

JRPP recommended proposal should not be submitted for Gateway determination (3/12/2015).

 

 

 

Figure 1: Status of recent Planning (Rezoning) Proposals within the Kensington and Kingsford Town Centres.

 

Council engagements with State Government

·      In December 2015, the Mayor, local members, GM and Director of City Planning met with the Minister of Planning, to discuss the issue of planning proposals undermining Council’s strategic planning process and future desired character of the Kingsford and Kensington Town Centres. Council reaffirmed its desire to lead the planning process and work with the State Government. The Minister noted Council’s strategic planning work underway and suggested Council work with the state government to finalise a planning framework in a timely manner.

 

·      Council officers met with the Department of Planning & Environment’s district planning team to discuss updated dwelling and employment targets for Randwick City. These targets are likely to be made available to Council in early March 2016 and will input into the draft District (Subregional) Plan to be released in mid-2016. The current investigations will ensure Council’s town centre development scenario modelling are up to date and align with State Government metropolitan planning objectives.

 

·      Council officers also met recently with Transport for NSW to attain details of the public transport capacity of the Anzac Parade corridor upon completion of the light rail project. The remaining capacity is unclear, due to the likely underestimation of latent demand for light rail and ongoing planning of the new State Transit bus network.

 

Current Work Program

 

Preliminary information gathering and a baseline analysis of the town centres formed stage 1 of the work program, which commenced in July 2015.

 

An Issues Paper will form stage 2 of the planning review, setting out the existing situation, including key planning and urban design issues affecting the town centres and justification for the directions and actions to be addressed by the Planning Strategy which will form stage 3 of this review.

 

The Issues Paper which identifies opportunities and constraints is being supported by a number of studies. It will incorporate an analysis of the economic needs of the Kingsford and Kensington town centres, a heritage study, transport and traffic study, as well as comprehensive modelling of development scenarios within the town centres.

 

The UNSW City Futures Research Centre has been engaged to provide development scenario modelling for the town centres. Their input was crucial to the rejection of the recent Planning Proposals by the JRPP.  Spackman Mossop have been engaged to provide public domain design for the town centres which is also part of an existing work program for the light rail project and review of the design of the Kingsford Terminus.

 

It is proposed to concurrently report to Council both the Issues Paper and the two recently lodged Planning (Rezoning) Proposals (K1 and K2 sites) in March 2016.

 

A detailed Engagement Strategy is being prepared and will be reported to Council with the Issues Paper in March 2016. This strategy will align with Council’s Community Consultation Principles and Consultation Planning Guide, as an open and transparent process that engages the community and clearly communicates with other stakeholders.

 

Stage 3 of the work program will involve preparation of a draft Planning Strategy to guide the future development of the town centres.

 

The draft Planning Strategy will focus on the local business (B2 – Local Centre zoned land) of Kensington and Kingsford town centres. It will be informed by the Issues Paper and contain a draft updated planning framework for each centre with urban design controls to provide opportunities for improvements and growth over time. The draft Strategy will also address the “liveability” of each centre and include actions relating to:

·      Public domain improvements

·      Social Infrastructure needs

·      Car parking, public transport and pedestrian movements

·      Economic prosperity

·      Affordable housing

·      Environmental management

An Engagement Strategy will be developed for the draft Planning Strategy and reported to Council in June 2016

 

Work Program Timeframe

 

Stage 1       (July – Dec 2015)

 

Background

 

Collation of baseline information

Primary and secondary data gathering

Commence capacity analysis of town centres

 

 

 

 

 

 

 

 

Stage 2       (Jan – Apr 2016)

 

Background

Engage with UNSW City Futures Research Centre for modelling of development scenarios in town centres

Economic Needs Analysis of the town centres

Heritage Study

 

Deliverables

22 March 2016

1.  Report to Council (22 March 2016): Issues Paper – Kingsford & Kensington Town Centres Review

2.  Engagement Strategy

 

 

 

 

 

 

 

 

Stage 3       (April – Jun 2016)

Background

Brief Council on development scenarios for Kingsford and Kensington town centres (May 2016)

Community Engagement

 

Deliverables

June 2016

1.  Preparation of a draft Planning Strategy – Kensington & Kingsford Town Centres Review

 

2.  Preparation of a draft Development Control Plan (DCP)

 

 

Exhibition

 

Engagement and community feedback of deliverables

(July 2016)

 

Financial Impact

 

An estimated budget for this work program is detailed below, totalling $286,500. The current budget allocation for this work program is $50,000, requiring allocation of additional funds in the amount of $236,500 in this current budget.

 

Work Items

Consultant

Fees

Development Scenario Modelling

UNSW City Futures Research Centre

$ 36,500

Economic Needs Analysis

MacroPlan Dimasi

$ 25,000

Heritage Study

TBC

~ $ 15,000

DCP Preparation

TBC

~ $ 100,000

Consultation

TBC

   ~ $ 10,000

Peer Review

TBC

~ $ 10,000

Traffic & Transport

TBC

~$70,000

Printing, design & graphics

TBC

~ $ 20,000

TOTAL

~ $ 286,500

 

There will be further refinement and adjustment to this budget following the exhibition. This is estimated to be approximately $100,000. This amount is proposed to be allocated in the 2016/17 budget.

 

Conclusion

 

The Kingsford and Kensington Town Centres Review is being undertaken to ensure the planning framework for these town centres is robust, up to date and well aligned to meet future needs. A three staged work program ensures delivery of this review, commencing with background research (Stage 1), an Issues Paper (Stage 2- which will include the community consultation/engagement processes) and later a Planning Strategy (Stage 3), supported by strong evidence base informed by a number of technical studies.

 

 

Recommendation

 

That:

 

a)     Council endorse the Strategic Planning work program for the preparation of an Issues Paper and Planning Strategy for the Kingsford and Kensington Town Centres Review

 

b)     Approve the allocation of $236,500 in funds to complete the project in the current 2015-16 budget.

 

c)     Approve the allocation of $100,000 in the 2016-17 budget to finalise this project.

 

d)     Council advise the Department of Planning and Environment of its strategic planning process and timetable and seek confirmation that this process adequately addresses strategic issues and expectations for the precinct.

 

 

Attachment/s:

 

Nil

 

  


Ordinary Council                                                                                               23 February 2016

 

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General Manager's Report No. GM1/16

 

Subject:                  Continuation of Community Partnership with South Sydney Football Club in 2016

Folder No:                   F2010/00282

Author:                   David Kelly, Manager Administrative Services      

 

Introduction

 

At its ordinary Council meeting held 24 February 2015, Council resolved:

 

“(Andrews/Stavrinos) that:

 

a)     Council continue the “Community Partnership” with the South Sydney Football Club with the $40,000.00 (incl GST) contribution to come from the Community Services budget;

 

b)     the General Manager be delegated authority to enter into a Memorandum of    Understanding with the South Sydney Football Club; and

 

c)     a report on the success of the 2015 Community Partnership to come back       before Council.”

 

The purpose of this report is to advise Council in accordance with clause (c) of the above resolution of the continued outstanding success of this partnership throughout 2015 and to recommend extending this partnership into 2016 to continue with a number of wonderful community service initiatives.

 

Issues

 

As part of our 2015 partnership Council received ten tickets to all South Sydney home games. These tickets were distributed to targeted schools and youth service providers which were identified as being in the best position to take advantage of this new initiative. The schools and service providers identified were La Perouse Public School, South Sydney High School, Maroubra Bay Public School, Chifley Public School, Matraville Soldiers Settlement Public School, Matraville Sports High School, La Pa Youth Haven, The Shack Youth Services and Father Chris Riley’s Youth Off The Streets.

 

The feedback Council received from all groups has been outstanding. At each school the tickets were used as a reward to students for positive behaviour, attendance and participation at school and, according to the School Principals, the response from the kids was overwhelming. The youth service providers reported that they used the tickets to encourage attendance by targeted youth in order to keep them involved in the respective Centres.

 

In addition, two ambassador tickets to all home games were distributed to those community members identified as having made the most outstanding contribution to our community in a voluntary capacity. As part of the partnership tickets were distributed to volunteers from:

 

·           NSW/ACT Youth Cancer Services Youth Advisory Committee;

·           La Perouse Youth Haven / La Pa Bummers Programs;

·           La Perouse United Rugby League Club and the Pearlers Netball Club;

·           Kooloora Community Centres Veg Co-op Program;

·           Council’s Corroboree event at Coogee Beach for Reconciliation Week;

·           Youth Off The Streets;

·           Organiser of the NAIDOC event at ’Duffy’s Corner;

·           Organiser of the Blak Markets at Bare Island;

·           Darkinjung Local Aboriginal Land Council;

·           Soroptomist in La Perouse Public School Library;

·           Outreach Program (Jump Rope for Heart); and

·           La Perouse United Junior Rugby League Football Club.

 

Council also received 20 tickets for use throughout the year at The Legends Lounge. Council made the decision to provide them to all our junior rugby league clubs as a reward for long serving clubmen or women or to use as fundraisers. As part of the partnership these tickets were distributed to:

 

·           La Perouse United, who raffled the package as part of their annual fundraising night;

·           Maroubra Lions, who raffled the package as part of their annual fundraising night;

·           Matraville Tigers, who raffled the package as part of their annual fundraising night; and

·           South Eastern, who raffled the tickets as a fundraiser for the club. The raffle proceeds were used to help fund the cost of trophies and end of season gear for the junior players.

 

A coaching clinic was held at Yarra Oval on 31st August 2015. Students were invited from all our target schools. The clinic was attended by most of the first graders, a number of under 20’s players, reps from the ARL, Brock Schaefer and Leellen Lewis from Souths’ Cares, David Kelly and Gary Ella from Randwick Council. A further clinic was held at Pioneers Park on 2nd December, 2015 and was attended by approximately 180 students from Malabar Public School, South Sydney High School and Matraville Sports High Schools.

 

Council also received a table for 12 at the South Sydney Football club’s annual business networking event held at the Australian Technology Park in August 2014. Tickets were given to representatives from Randwick City Tourism and the Kingsford, Maroubra and Matraville Chambers of Commerce.

 

A number of community service initiatives were conducted throughout 2015 by Souths Cares (the Community Services arm of the football club) in partnership with Council. These initiatives are summarised below and have been of immense benefit to the youth in our targeted schools.

 

The Teacher’s Aide Program continues to assist schools to improve students’ attendance and engagement. With a strong focus on numeracy and literacy there have been improved results as identified by the Education Departments NAPLAN testing program. Souths’ NRL playing group continue to make a very valuable contribution to schools in our area and the whole NRL Squad have engaged in this important program. The Healthy and Active Lifestyle Program continues to deliver a year 5 and 6 specific program to schools throughout our region. This program combines the NRL initiative, ’Eat Well, Play Well, Stay Well’ and two Life Education programs, ‘All Systems Go’ and ‘Think Twice’, to offer the students a fun educational excursion outside of the school environment. The Schools to Work Transition Program has achieved some outstanding results with Year 11 and 12 Indigenous students from schools such as Matraville Sports High School, South Sydney High School and Marist Pagewood well on the road to extremely successful and rewarding careers. This program is proudly supported by the Australian Government through the Learn, Earn, Legend program.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse community.

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

 

Financial impact statement

 

The current sponsorship amount of $40,000.00, including GST, has been allowed for in the 2015-16 budget.

 

Conclusion

 

This unique and exciting “Community Partnership” with the South Sydney Football Club continues to provide major benefits for both our organisations and, more importantly, our local community. These benefits include:

 

·           Both organisations raising their profile in the community through the local media and with mutual marketing and advertising opportunities;

·           Better targeting of particular disadvantaged groups using high profile footballers who can better connect with these traditionally difficult areas;

·           Greater community awareness of the programs being run by both organisations; and

·           Being able to reward our volunteers and disadvantaged youth for their efforts.

 

Entering into this contract is in accordance with the “Guidelines for Council Decision making During Merger Proposal Periods” under section 23A of the Local Government Act, in that the contract is being entered into as a result of a decision made prior to the start of the merger proposal period. In addition, entry into the contract is necessary for the purposes of meeting Council’s ongoing service delivery commitments to our community, in particular our disadvantaged youth.

 

 

Recommendation

 

That:

 

a)     Council continue the “Community Partnership” with the South Sydney Football Club with the $40,000.00 (incl GST) contribution to come from the Community Services budget;

 

b)     the General Manager be delegated authority to enter into a Memorandum of     Understanding with the South Sydney Football Club; and

 

c)     a report on the success of the 2016 Community Partnership to come back        before Council.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               23 February 2016

 

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General Manager's Report No. GM2/16

 

Subject:                  Local Government Reform Update and Submissions

Folder No:                   F2016/04004

Author:                   Caroline Foley, Manager Business Performance Projects     

 

Introduction

 

·      The Minister for Local Government has referred a proposal to the Chief Executive of the Office of Local Government to merge Randwick, Waverley and Woollahra Councils.

 

·      Dr Robert Lang has been delegated by the Chief Executive to conduct a public inquiry, call for written submissions and prepare a report on the Minister’s proposal. Randwick City Council’s draft submission is provided as Attachment 5.

 

·      Concurrently, the Office of Local Government has invited submissions on the first phase of amendments to the Local Government Act, focusing on changes to the governance and strategic business planning processes of Councils. Randwick City Council’s draft submission is provided as Attachment 3.

 

·      The Randwick Transition Group has endorsed a Transition Leadership Framework which includes their role and responsibilities for the consideration and delegation of the Council. The Transition Leadership Framework is provided as Attachment 1.

 

 

Issues

 

1.   Update on Local Government Reform

 

On the 18 December 2015 the Minister for Local Government and the Premier of NSW jointly announced 35 merger proposals affecting 79 Councils across NSW. This included a proposed merger of Randwick City Council with Waverley Council and Woollahra Municipal Council.

 

A time line of the events since the announcement and the process ahead is outlined below:

 

·      The Minister for Local Government, Hon Paul Toole, formally referred a proposal to merge Randwick, Waverley and Woollahra Councils to the Chief Executive of the Office of Local Government on 6 January 2016 (Attachment 4). The proposal sets out the impacts, benefits and opportunities of creating the proposed new Council.

·      In January 2016 Dr Robert Lang was appointed by the Chief Executive of the Office of Local Government as his delegate to review and comment on the Minister’s proposal for a merger of the three Councils.

·      The delegate, Dr Lang, invited the community and Councils to speak at a public hearing on 4 February 2016. The Mayor presented to the delegate on behalf of Randwick City Council.

·      The Randwick Transition Group met on four occasions to discuss the response to the proposed merger and transition planning.

·      A briefing session of the Councillors was held on 2 February to provide an update on Local Government reform.

The NSW Government has outlined the key steps in the creation of NSW Councils:

 

 

Source: www.fitforthefuture.nsw.gov.au

 

The NSW Government has advised, should the Minister recommend a merger proposal to the Governor of NSW, the new Council will commence in mid 2016. Elections may be postponed from September 2016 to March 2017. 

 

 

2.   Randwick Transition Group and Transition Leadership Framework

 

On 8 December 2015 Randwick City Council resolved to establish the Randwick Transition Group (RTG). The Mayor Cr D’Souza and Deputy Mayor Cr Greg Moore along with Councillors Matson, Andrews, Seng and Nash were also formally appointed as members to provide each party and independent representation on the RTG.

 

The RTG has met on four occasions since their appointment, with minutes of meetings distributed to all Councillors and details of meeting actions published on the Council’s website.

 

The RTG has endorsed a Transition Leadership Framework which sets out the objectives and principles to steer the merger process and the transition leadership structure and roles both pre and post merger (Attachment 1).

 

The framework also outlines the role of the Transition Committee and the Randwick Transition Group. The role of the RTG is to protect Randwick City: the community, services, staff and way of life during the merger process with the least possible disruption.

 

Their responsibilities include representing the community’s interests in key transition decisions; approving the funding of transition activities within the Council’s adopted budget; acting as a conduit to the Council; leading the transition process; and ensuring the community and staff are informed and engaged in the process. The framework sets out the delegated authority for the RTG to undertake their role.

 

 

3.   Submission to the Delegate on the Proposal to Merge Randwick, Waverley and Woollahra Councils

 

The community and Councils are invited to make submissions by 28 February 2016 to the delegate, Dr Robert Lang, on the proposed merger of Randwick, Waverley and Woollahra Councils.

 

Dr Lang’s role is to assess the proposal and prepare a report with due regard to the factors in section 263(3) of the Local Government Act 1993 (the Act). The factors in the Act include financial considerations, communities of interest, elected representation, employment of staff, services and facilities, and the attitude of residents and ratepayers.

 

A draft submission to the delegate Dr Robert Lang, endorsed by the RTG, has been prepared to address these factors and provide comments on the Minister’s Merger Proposal document. The submission is largely based on the due diligence the Council undertook in 2015 in regards to a merger of Randwick, Waverley and Woollahra Councils.

 

A number of recommendations and clarification points are included within the submission including:

 

·      Elected representation numbers (25 Councillors as a transitional arrangement for two terms and 5 ward structures).

 

·      Belief that the financial benefits have been underestimated by KPMG at $149m over 20 years - our independently assured financial analysis forecasts an increase in services valued at $235m over 10 years.

 

·      No support for KPMG’s assumption that $121m in savings will come from staff reductions.

 

·      Since rates modeling was undertaken to assess the impact on rates of merging with Waverley and Woollahra the land values within the Randwick LGA have increased 70% in contrast to a 23% increase in Woollahra – reducing the rating gap between the LGAs.

 

·      Emphasing the importance of rating reform to ensure an equitable system will be in place after the rating path freeze in 4 years time.

 

·      Noting that two Football Clubs (South Sydney Rabbitohs and the Sydney Roosters) receive strong support from the combined area.

 

·      9 out of 10 respondents to community surveys favoured an eastern suburbs merger.

 

·      All 3 councils have individually signed a Memorandum of Understanding with the unions to extend the employment protection within the Act from 3 years to 5 years.

 

·      Minor amendments to the boundary to:

include all of the core of Port Botany south of Foreshore Drive, in line with the SEPP (Three Ports) 2013 boundary;

include Bare Island (currently not incorporated in any LGA); and

align the boundary with Beauchamp Road Matraville as the existing Randwick LGA boundary cuts through parcels of land rather than following the existing formed road. 

 

·      A recommended name for the new Council: Eastern Sydney Council

 

 

4.   Submission to the Office of Local Government on the Proposed Amendments to the Local Government Act (Phase 1)

 

The Office of Local Government (OLG) is seeking input on 37 amendments to the Local Government Act 1993. The OLG has released a paper on the amendments, ‘Towards New Local Government Legislation Explanatory Paper: proposed Phase 1 amendments’ (Attachment 2).

 

The paper explains “Phase 1 is designed to:

 

·      embed strategic business planning principles across the range of council functions and practices;

·      promote independent and sustainable councils engaged with and accountable to their local communities that have the capacity to deliver on local and regional needs; and

·      support a culture of continuous improvement in councils to ensure the effective and efficient delivery of the strategic goals agreed to with their local communities.”

The OLG has requested feedback on the proposed amendments through an online survey portal on their website by 15 March 2016. Randwick City Council’s draft response to the amendments is provided as Attachment 3 to this report.

 

The Council’s previously stated position on many items is included in the submission along with the local representation position also included within the above submission to the Delegate on the proposed merger of Randwick, Waverley and Woollahra Councils. This includes:

 

·      Recommending a maximum of 25 Councillors per Council as a transitional arrangement over 2 terms for merged Councils;

 

·      Supporting the principle that Councils comprise an odd number of Councillors;

 

·      Supporting a minimum length of term for a mayor of two years;

 

·      Support that it be compulsory to vote in a mayoral election and that Councillors may vote by proxy, phone, video conference or electronic means if absent;

 

·      No support for the exclusion of another Councillor from the mayoral election vote by way of a ‘draw from a hat’ if the number of remaining Councillors voting is even numbered; and

 

·      No support for the appointment of the NSW Auditor-General as the external auditor of all NSW Councils if this results in an additional cost to Councils.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

Direction:  1a.2 Ensure sound long term financial strategies underpin the Council's

asset management policies and strategic vision.

 

Outcome:  1b: Council is a leader in the delivery of social, financial and operational activities.

Direction:  1b.1 Demonstrate best practice and leadership in local government.

 

Financial impact statement

 

Should the merger of Randwick, Waverley and Woollahra Council’s proceed the cost of the merger process is estimated to be $25m over four years (after deducting the NSW Government merger grant of $10m).

 

The NSW Government has also advised the new Council will receive a $15m grant to invest in community infrastructure.

 

Randwick City Council’s independently assured financial modeling forecasts the merger will result in increased services to the value of $235m over 10 years.

 

Conclusion

 

The Randwick Transition Group has endorsed the attached proposed submission to the delegate, Dr Robert Lang, on the proposed merger of Randwick, Waverley and Woollahra Councils (Attachment 5). The proposal is consistent with the Council’s due diligence and community consultation outlined in the Options Analysis (May 2015), along with including recommendations for Councillor representation, a name for the new Council and minor amendments to the proposed boundary to include all of the core of Port Botany, Bare Island and align the boundary with Beauchamp Road, Matraville.   

 

The Randwick Transition Group has also endorsed the attached proposed submission to the Office of Local Government on amendments to the Local Government Act. These amendments propose changes to the governance and strategic business planning processes of Councils, including Councillor representation (Attachment 3).

 

A Transition Leadership Framework has also been prepared and endorsed by the Randwick Transition Group. The Framework includes the role and responsibilities of the Randwick Transition Group for the consideration and delegation of the Council (Attachment 1).

 

Recommendation

 

That:

 

1.  Council endorse the attached Transition Leadership Framework including the Randwick Transition Group’s (RTG) delegations as outlined in the responsibilities of the RTG.

 

2.  Council submit the attached ‘Randwick City Council – Council Boundary Review Submission on the Merger Proposal: Randwick, Waverley and Woollahra Councils’ to the Delegate, Dr. Robert Lang, subject to any minor amendments.

 

3.  Council submit the attached ‘Local Government Act Review – Phase 1 Amendments - Randwick City Council Submission’ to the Office of Local Government, subject to any minor amendments.

 

 

Attachment/s:

 

1.View

Transition Leadership Framework

 

2.View

Office of Local Government - Explanatory Paper: Proposed Amendments to the Local Government Act - Phase 1

 

3.View

Randwick City Council - Draft submission on the Local Government Act Phase 1 Amendments

 

4.View

NSW Government Merger Proposal: Randwick, Waverley and Woollahra Councils - Jan 2016

 

5.

Link to Randwick City Council - Draft Submission to the Delegate on the NSW Government Proposal to merge Randwick, Waverley and Woollahra Councils

 

 

 


Transition Leadership Framework

Attachment 1

 

 

 


 


 


 


 


Office of Local Government - Explanatory Paper: Proposed Amendments to the Local Government Act - Phase 1

Attachment 2

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Randwick City Council - Draft submission on the Local Government Act Phase 1 Amendments

Attachment 3

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


NSW Government Merger Proposal: Randwick, Waverley and Woollahra Councils - Jan 2016

Attachment 4

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council                                                                                               23 February 2016

 

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General Manager's Report No. GM3/16

 

Subject:                  Review of the Randwick City Council 2015-16 Operational Plan - December Quarter

Folder No:                   F2015/03001

Author:                   Karen Hawkett, Coordinator Integrated Planning & Reporting     

 

Introduction

 

The purpose of this report is to update Councillors and the community on the implementation of the annual Operational Plan. The 2015-16 Operational Plan was adopted by Council on 23 June 2015. In this report, achievement and status comments are provided for each action in the 2015-16 Operational Plan. Highlights are also provided where appropriate.

 

Issues

 

This is the December 2015 Quarterly Report and second review of the 2015-16 annual Operational Plan.

 

All projects are proceeding as planned and overall all services were delivered to agreed standards.

 

During the December report period, several key projects were completed, including:

the Synthetic Playing Field at Heffron Park; Stage A major works for the Heffron Park upgrade; an upgrade of Council property leased to ROCK Childcare in Waratah Avenue, Randwick; delivery of the 2015 Twilight Concerts series; the Architecture on Show Talk Series and consultant reports for the upgrade of both the Coogee and Gordon Bay Fishermen Clubs.

 

From the activity undertaken by Council during the quarter there were many highlights. The following table lists our significant highlights:

 

City theme

City Plan Outcomes

Action code

Highlight

 

1.Leadership in Sustainability

 

 

1a. Vision for Randwick City Council

 

 

P002

 

Precincts have made submissions to assist in the development of the 2016-17 Operational Plan.

 

1.Leadership in Sustainability

 

 

1b. Leadership

 

 

S017

 

The application for and processing of Work Zone Local Approvals has been automated.

 

The new online ePlanning portal was implemented for staff which will improve the consistency and quality of planning information provided to customers.

 

 

1.Leadership in Sustainability

 

 

1b. Leadership

 

 

S025

 

 

Maps indicating the location of council facilities, the location of food premises and their food safety rating and Council waste collection dates were added to the website. Interactive maps on the website received 16,510 hits. 

 

 

1.Leadership in Sustainability

 

 

1b. Leadership

 

 

P006

P003

P009

 

 

The annual All Stops to Randwick training event was held in November. Several new technology initiatives were introduced to the event.

 

 

 

 

 

2.A Vibrant and Diverse Community

 

2a. Understanding Community Needs

 

S029

 

The Holdsworth House Disability Ball and Salvation Army Community lunch were some of the 143 community events held at Randwick Community Centre and Prince Henry Centre.

 

 

2.A Vibrant and Diverse Community

 

2a. Understanding Community Needs

 

S039

P044

 

 

S031

 

 

 

Council partnered with Randwick Community Drug Action Team and Youth off the Streets to hold an ICE Forum at Souths Juniors.

 

The annual Lexington Place Busking Competition and an Open Day for the Randwick Literacy Institute were held.

 

 

Lexington Place Busking Competition

 

 

2.A Vibrant and Diverse Community

 

2a. Understanding Community Needs

 

S034

 

 

 

A new series of basic computing classes in Spanish was developed and delivered at the Library.

 

 

2. A Vibrant and Diverse Community

 

2b. Strong Partnerships

 

P020

 

 

Council has produced and distributed a ‘Volunteering Opportunities' brochure

 

2. A Vibrant and Diverse Community

 

 

2c. Community facilities

 

 

P021

 

 

A Preservation Needs Assessment (PNA) for the La Perouse Museum has been submitted to the National Library of Australia as part of the Community Heritage Grant process.

 

 

2. A Vibrant and Diverse Community

 

 

2d. Cultural diversity

 

S040

 

 

Carols at Coogee, The Kingsford Noodle Markets and Coogee NYE fireworks were amongst the ten community events held by Council.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


                                                                               

Carols at Coogee                                      Coogee NYE fireworks

 

 

 

3. An Informed and Engaged Community

 

 

3a. Communicating Effectively

 

S043

 

 

The summer edition of Scene featured a special ‘Your rates at work’ article highlighting Councils $34.8 mln Buildings for our Community program.

 

 

3. An Informed and Engaged Community

 

 

3a. Communicating Effectively

 

S048

 

Public access to the internet was upgraded in all three library locations in December 2015.

 

3. An Informed and Engaged Community

 

 

3b Promoting Services

 

 

 

S050

 

 

Around 300 people attended one of Randwick City Library’s TECHConnect learning program sessions. TECHConnect sessions are presented in both English and Mandarin.

 

 

3. An Informed and Engaged Community

 

 

3c Community Involvement

 

 

 

 

S051

 

 

Council commenced the first of a number of consultations to seek feedback from residents about plans to increase parking spaces by introducing angle parking.

 

Council also informed the community about the Government's exhibition of modifications to the CBD and South‑East Light Rail Project.

 

 

4. Excellence in Urban Design and Development

 

 

4a. Improved Design

 

 

P024

 

 

Council provided comment on design packages for public domain, landscape, trackworks, civil and utilities works relating to the State Government’s Light Rail Project.

 

 

4. Excellence in Urban Design and Development

 

 

4a. Improved Design

 

 

P026

 

 

A land use survey of the Kingsford Centre was completed.

 

 

4. Excellence in Urban Design and Development

 

 

4b. Robust Development Framework

 

P027

 

 

Council continues to perform strongly in processing DAs well within target timeframes. In the December quarter, Council determined 90.67 per cent of DAs under delegated authority within 60 days (net time).

 

 

5. Excellence in Recreation and Lifestyle Opportunities

 

 

5a. Maximise Open Space Use

 

 

P028

 

 

The Mayor and Ward Councillors were briefed on Kensington Park Plan of Management.

 

 

5. Excellence in Recreation and Lifestyle Opportunities

 

5b. Range of Activities

 

S055

 

 

The Council‑supported Victor Chang Charity Day, held at DRLC, achieved their largest ever fundraising amount. The day featured the Largest Thong Race World Record attempt which attracted over 500 participants.

 

 

Largest Thong Race World Record attempt

 

 

 

 

 

 

 

 

 

5. Excellence in Recreation and Lifestyle Opportunities

 

 

5b. Range of Activities

 

P031

 

 

New synthetic playing fields have been completed at Heffron Park.

 

Heffron Park synthetic playing fields

 

 

5. Excellence in Recreation and Lifestyle Opportunities

 

 

5d. Innovative Library Programs

 

S058

 

A new partnership with the Royal Hospital for Women commenced with Council taking part in the 'Mumsense' program for new parents.

 

 

5. Excellence in Recreation and Lifestyle Opportunities

 

 

5d. Innovative Library Programs

 

S058

 

A contractor has been appointed to undertake the refurbishment of the Bowen Library.

 

6. A Liveable City

 

 

 

6a. Public Asset Management

 

 

 

S060

 

 

 

Council responded to a large number of requests from the community following the storm event that occurred across the Eastern Suburbs in mid-December. Council repaired storm damage including fallen trees and tree branches, scouring and erosion from storm water, and flooding of drainage systems.

 

 

Storm damage

 

 

6. A Liveable City

 

6c. Community Safety

 

S072

 

Council issued 200 vouchers for free safety inspections of child seats during the October to December period.

 

 

 

 

 

 

 

 

6. A Liveable City

 

6c. Community Safety

 

P046

 

 

Council Lifeguards delivered the Surf Educational program to 20 local primary schools.

 

 

Surf Education

 

 

6. A Liveable City

 

6d. Strategic land Use Framework

 

 

P048

 

 

The ICON Plan Browse/Enquiry system has been implemented for staff. A computerised 3D model of the Randwick Junction Town Centre has been created using the software.

 

 

6. A Liveable City

 

6e. Housing Diversity

 

P051

 

 

Council entered into a new service agreement to deliver the Home Maintenance and Modification Program under the Commonwealth Housing Support Program, with the Federal Department for Social Security.

 

 

7. Heritage that is Protected and Celebrated

 

 

7a. Heritage

 

P053

 

 

Development approval has been obtained for remedial works to the Caretaker’s cottage at Wylies Baths.

 

 

Wylies Baths

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8. A strong Local Economy

 

8a Vibrant commercial centres

 

 

 

P056

 

 

Council partnered with the Kingsford Chamber of Commerce to hold the very successful and well attended Kingsford Noodle Markets in December.

 

 

2015 Kingsford Noodle Markets

 

 

8. A strong Local Economy

 

8b Hospital and University Precincts

 

 

P058

 

 

In December a planning Modification to the proposed light rail works (the revised location of the Randwick Light Rail terminus in High Street and amendments to the UNSW High Street stop) was on public exhibition

 

 

8. A strong Local Economy

 

8c. Effective partnerships

 

8d. Tourism

 

 

S078

 

P060

 

 

The Randwick Business and Economic Leadership Forum on The New Visitor Economy was held at the Prince Henry Centre and attended by more than 100 people.

 

 

The New Visitor Economy Leadership Forum

 

 

9. Integrated and Accessible Transport

 

 

9a. Active Transport Network

 

 

P061

 

 

A new bicycle route construction priority list was approved by Council. This construction priority list will be a guide for the implementation of bike routes in Randwick LGA.

 

 

9. Integrated and Accessible Transport

 

 

9a. Sustainable Transport

 

S079

 

 

From September to December, an additional 239 Randwick City residents and businesses joined the car share scheme.

 

 

 

10. A Healthy Environment

 

10a. Leader in Environmental Sustainability

 

P069

 

 

The DA for the final stage 4 works at Randwick Community Centre has been publically exhibited.

 

 

 

10. A Healthy Environment

 

10b. Management of Environmental Risks

 

 

P071

 

 

Randwick City's updated Climate Change Adaptation Roadmap has been approved.

 

 

 

 

10. A Healthy Environment

 

10c Biodiversity and Natural Heritage

 

S086

 

 

An ecological burn was undertaken within Randwick Environmental Park by NSW Fire and Rescue for Council.

 

 

10. A Healthy Environment

 

10d. Sustainable Waste Technologies

 

S089

 

 

 

 

Waste Management Calendars with waste, recycling and clean‑up collection dates and service information were developed and distributed to 56,000 households.

 

 

10. A Healthy Environment

 

10d. Sustainable Waste Technologies

 

P075

 

 

A Community survey and workshops have been carried out to identify community perceptions and expectations on waste management services and resource recovery.

 

 

10. A Healthy Environment

 

10d. Sustainable Waste Technologies

 

P076

 

 

The Regional Illegal Dumping Squad (RID) is now operational in Randwick City.

 

Council participated in the annual nationwide Garage Sale Trail in October 2015.

 

 

 

Regional Illegal Dumping Squad

 

 

10. A Healthy Environment

 

10e. Water conservation

 

P078

 

The pump well for stormwater harvesting at Clovelly Beach has been commissioned.

 

 

10. A Healthy Environment

 

10f. Energy conservation

 

 

P080

 

P081

 

 

Energy and Greenhouse Management Plan and Renewable Energy Master Plan was approved by Council.

 

 

In acknowledgement of our efforts, Randwick City has recently received a number of awards. 

 

·      A Migrant’s Story: Mementos (produced by the Library) won the Social Media category of the NSW Public Libraries Association 2015 Marketing Awards for Public Libraries.

·      The Coogee Beach Library won the Events category of the NSW Public Libraries Association 2015 Marketing Awards for Public Libraries.

·      Randwick City Library’s Facebook page won the Social Media category of the NSW Public Libraries Association 2015 Marketing Awards for Public Libraries.

·      George Bounassif, Randwick City Council Manager Infrastructure Services was awarded Public Works Leader of the Year category of the IPWEA Engineering Excellence Award.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The purpose of the December Quarterly Report is to inform and update Council and the community on the progress of all actions as set out in the adopted 2015-16 Annual Operational Plan. In addition, given that the Operational Plan is based on the 20-year Randwick City Plan and that Council’s reporting format is based on outcomes rather than organisational structure, the December quarterly report also provides a level of accountability against our long term vision for the City of Randwick.

 

 

Recommendation

 

That the information contained in the December 2015 Review of the 2015-16 Annual Operational Plan be received and noted.

 

 

Attachment/s:

 

1.

Link to the 2015-16 Randwick City Council Annual Operational Plan - December Quarterly Performance Report

 

 

 

   


Ordinary Council                                                                                               23 February 2016

 

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Director Governance & Financial Services Report No. GF1/16

 

 

Subject:                  Quarterly Budget Review - December 2015

Folder No:                   F2015/00184

Author:                   Mitchel Woods, Manager Corporate and Financial Planning      

 

Introduction

 

As part of the Integrated Planning and Reporting Framework for NSW Local Governments, the Office of Local Government has a set of minimum reporting requirements for Councils, in order for them to facilitate progress reporting against the original and revised annual budgets at the end of each quarter.

 

Collectively, these documents are known as the Quarterly Budget Review Statement (QBRS) and are reported to council in accordance with the relevant legislation at the end of each quarter.

 

Section 203(1) of the Local Government (General) Regulation 2005 requires that at the end of each quarter, a Budget Review Statement be prepared and submitted to Council that indicates the latest estimates of income and expenditure for the 2015-16 year.

 

The regulation (Section 203 (2)) also requires that the budget review statement must include, or be accompanied by:

 

I.      A report as to whether or not the Responsible Accounting Officer believes that the Statement indicates that the financial position of the Council is satisfactory, having regard to the original estimate of income and expenditure; and

II.     If that position is unsatisfactory, recommendations for remedial action.

 

Issues

 

This report is a review of the Council’s 2015-16 current budget and recommends adoption of a revised budget for the 2015-16 financial year.

 

It proposes variations to Council’s adopted budget, which will result in a projected surplus at year end of $32,759.

 

Heffron Park – Plan of Management Works

Contained in this December Budget Review are three budget variations for works undertaken as part of the Heffron Park Plan of Management (2009). Those works include: staged remediation works, construction of the Western Car Park and the construction of the Synthetic Playing Fields. 

 

Stage 1 Civil Works

 

The specification for the redevelopment stated that remediation of the soil for asbestos fragments was necessary. It was the contractor’s responsibility to undertake this work, however the conditions of consent stated that certification of the remedial work was to be carried out by an independent industry expert. Additional costs were incurred to engage an environmental consultant to undertake air monitoring and site inspections to certify all remediation was carried out in accordance with Australian Standards and the site was fit for purpose.

 

During the earthworks, Council’s Project Manager identified that the removal of two (2) mounds was not documented as part of the scope. The removal of these two mounds was essential for:

1.  The site line into the western carpark from the playing fields

2.  Achieving the correct dimensions for a full size soccer field on the north western corner of Heffron Park.

Additional costs were incurred to removal of the mounds. These costs were associated with a lighting redesign to ensure the new full size field was lite to Australian Standards, an extension to the irrigation system to incorporate the new areas, remediation and certification of the soil, additional air monitoring and additional turf. Further costs were incurred to reconstruct an existing retaining wall located at the north west corner of Heffron Park to provide enough runoff around the perimeter of the field.

 

Prior to the redevelopment work commencing, Ausgrid approved the installation of a substation to generate the electrical infrastructure.  Upon ordering the substation, Council received notification from Ausgrid stating the approval for the substation had lapsed and Council was required to resubmit an application. Council was also informed that due to the privatisation of the electricity network, Ausgrid no longer subsidised the cost of the transformers in the substation and that cost will be the responsibility of the applicant. As a result of these changes, additional costs were incurred for application fees, electrical consulting, engineering fees and for the cost of the transformers. In addition, costs were also incurred due to the relocation of electricity and the main Telstra connection to the netball amenity building which was not documented. It was also necessary to relocate the main switchboard closer to the substation which meant all new services needed to be extended to incorporate the new location.

 

A final test of the growing medium was undertaken prior to the installation of the turf. It was discovered that due to the remediation process the growing medium lacked sufficient nutrients to establish and maintain healthy turf. This resulted in additional costs associated with the importation and blending of nutrients by expert sports field contractors to ensure the growing medium was fit for use.

 

As a result of all the earthworks, a newly formed mound has been strategically constructed which would be used as the sub-base for the future tennis courts. The documentation specified that this area be left bare; however this posed a risk of causing a dust storm during high wind events. Additional costs were incurred to prepare and spray seed this area. 

 

Western Car Park

 

The elements of the Heffron car parks are a significant component the overall design of the park. Council has opted for a custom wheel stop that is used in all new car parks within Heffron Park. These wheel stops have been installed in the new car park on the corner of Robey St and Fitzgerald Av and the car park near Pedal Park. Prior to ordering the wheel stops for the western carparks, it was identified that the incorrect wheel stops were specified. Additional costs were incurred to change from the standard wheel stop to the Heffron Park wheel stops.

 

Concerns were raised about the surrounding area of the newly constructed car park adjacent to the netball amenity building. A survey of the documented embankment identified it as too steep to mow and maintain. As a result of the risk assessment, additional costs were incurred to design, certify and construct a new retaining wall which would eliminate any WHS issues related to maintaining the area surrounding the car park.

 

A reassessment of the drainage layout was carried out during the construction phase by the Project Manager. It was discovered that the documented drainage design did not incorporate surrounding levels and was insufficient. As a result, costs were incurred due to the installation of additional drainage pits, pipes and adjustments to the swale located in the centre of the car park.

 

Synthetic Pitch

 

During the excavation for the synthetic turf subbase, asbestos was discovered. This resulted in the immediate remediation of the area. Additional costs were incurred to engage an environmental consultant and certifier and to remove and treat the contaminated base.

 

As an outcome of a synthetic turf conference, it was decided to extend the synthetic turf area to incorporate a larger run off area. This additional synthetic turf will be used to replace any damaged areas on the field that may arise due to vandalism, wear, etc. This would ensure a consistent colour on the field is maintained and new patch work is limited to the run off areas only. Additional costs associated with extending the base, additional synthetic turf and infill was incurred to council.

 

At the completion of the synthetic turf field, an operational assessment identified that a hard standing surface around the perimeter of the field was required. This was to promote clean boots before entering the pitch, reduce grass clippings and turf runners directly entering the synthetic field and provided spectators a surface watch the sports games.  Additional costs were incurred to prepare the area and pour concrete around the entire perimeter of the field.

 

 

Although collectively the above mentioned budget variations for the Heffron Park Project are greater than the threshold set out in the Guidelines – Council Decision Making During Merger Proposal Periods they are for works undertaken under contracts that were entered into prior to the commencement of the ‘Merger Proposal Period’. Those contracts are T2015-01 (CS17/14: 23 September 2014), T2015-15 (CS8/15: 28 July 2015) and T2015-20 (CS9/15: 28 July 2015).

 

Furthermore, Heffron Park and in particular works undertaken as part of the Heffron Park Plan of Management (2009), are included in Councils Delivery Program 2013-17 under Outcome 5: Excellence in recreation and lifestyle opportunities. The particular Delivery Program Action is to implement open space plans of management with a focus on multi-uses such as the Heffron Park Plan of Management. Implementing the Heffron Park Plan of Management has been in the Operational Plans for the 2013/14, 2014/15 and the 2015/16 (current) financial years. The NSW Office of Local Government (OLG) has provided advice that the intent of the guidelines is for any expenditure that is not part of the Operational Plan.

 

In undertaking their functions, and being informed by the guidelines, Council officers have applied their professional judgment when making this particular financial and resource management decision and have determined its legitimate inclusion in the December Budget Review.   

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

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

Direction 1b:      Council is a leader in the delivery of social, financial & operational activities.

 

Financial impact statement

 

The proposed variations in this report and listed in the attachment will result in a projected surplus at year end of $32,759.

 

 

Conclusion

 

Council’s Manager Corporate and Financial Planning, as the Responsible Accounting Officer, advises that the projected financial position is satisfactory.

 

 

Recommendation

 

That:

 

a)     the report in relation to the December 2015 Budget Review be received and noted; and

 

b)     the proposed December 2015 budget variations shown in the attachment to this report be adopted.

 

 

Attachment/s:

 

1.View

Quarterly Budget Review Statements (QBRS) - December 2015

 

 

 

 


Quarterly Budget Review Statements (QBRS) - December 2015

Attachment 1

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council                                                                                               23 February 2016

 

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Director Governance & Financial Services Report No. GF2/16

 

 

Subject:                  Code of Meeting Practice - proposed amendments

Folder No:                   F2004/06570

Author:                   Julie Hartshorn, Senior Administrative Coordinator      

 

Introduction

 

Council’s Code of Meeting Practice was last reviewed in March 2014 and, since that time, a number of minor amendments have been identified that need to be addressed.

 

Issues

 

Proposed amendments to the Code of Meeting Practice are highlighted below:

 

Clause 15 – Presence at Council Meetings

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

 

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

 

Any Councillor who is present in the Council Chamber during a meeting of Council or a Council Committee is taken to be acting in the capacity of a Councillor and this overrides any rights the Councillor may have as a resident. As such, a Councillor cannot address Council or a Council Committee as a member of the public on any matter whatsoever.

 

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

 

[The proposed change to Clause 15 reflects advice given to other Councils in relation to the role of a Councillor when physically present in the Council Chamber during a meeting of the Council. It is thought pertinent to include this clarification in our Code for future reference.]

 

Clause 21 Chairperson’s duty with respect to motions

2)     The Chairperson must rule out of order any motion;

-      that is unlawful or the implementation of which would be unlawful;

-      as well as any motion that contravenes any existing Council resolution made within the previous three (3) month period that would require a rescission motion to be submitted (see Clause 43 of this Code).

 

[The purpose of this amendment is to make it clear that a matter that would contravene a resolution of Council must be ruled out of order if brought before the Council within 3 months of the resolution other than by means of a rescission motion or in accordance with Clause 43 of the Code.]

 


Clause 25 – Addressing of Council and Committee Meetings by members of the public

a)  Any person or their representative, who in the opinion of the Mayor or Chairperson (or Deputy Chairperson in the Chair) of the Committee, could be affected by a decision relating to any item on the agenda of any Council or Council Committee Meeting shall be permitted to address the relevant Meeting for a period not exceeding three (3) minutes unless the Chairperson (or Deputy Chairperson in the Chair) or the Meeting grants one extension of up to, but not more than three (3) minutes, where this is necessary or desirable and subject to the following guidelines:

 

     A maximum of two (2) speakers are allowed for each item on the agenda, with one (1) speaker addressing in favour of the recommendation/motion and one (1) speaker opposing the recommendation/motion. Speakers must nominate whether they are speaking in favour/support of, or against the recommendation/motion. The Mayor (or Chairperson of the relevant Council Committee) has the discretion to allow more than two (2) speakers on any one agenda item for matters that impact all or a large number of residents and/or for which there is a significant amount of public interest in the opinion of the Mayor or Chairperson.

 

c)  Any person or their representative may address a Committee, Extraordinary or Ordinary Meeting of Council on any matter on the agenda of those meetings, subject to the following guidelines:

 

i)    Applications to speak will only be accepted between the time that the agenda for the meeting is made public and the advertised starting time of the meeting.

ii)   Late applications to speak (that is, after the advertised starting time of the meeting) will only be permitted at the discretion of the Meeting.

iii)   For those persons speaking on behalf of, or representing, another person, the name of the speaker and the person(s) represented will be recorded in the Minutes. – information repeated – see sub-clause (ix) below

iv)  For speakers in respect of development applications, objectors will be heard prior to applicants irrespective of whether the application is recommended for approval or refusal. This is to afford the applicant the right of reply to any new matters raised by objectors.

v)   For all matters other than development applications, speakers against the recommendations/motions will be heard prior to speakers for recommendations /motions.

vi)  Discussion debate or questions involving Councillors or staff is not permitted.

vii)  The subject matter only is to be discussed.

viii) Personalities are not to be addressed.

ix)  Anyone speaking at a Council or Committee Meeting on behalf of another person, will be asked to indicate the name of the person on whose behalf they are speaking and this information will be included in the Speakers List and in the Council/Committee Meeting Minutes.  This is so that Councillors are able to identify and declare interests, as appropriate.

 

d)  A Councillor may, through the Chairperson (or Deputy Chairperson in the Chair), put a question to an individual addressing a Council or Committee meeting, subject to the question being put directly, succinctly and without argument. The Chairperson (or Deputy Chairperson, as the case may be) has the discretion to disallow any or all questions under this clause.

 

[The proposed amendment to Clause (a) is to provide the Mayor or Chairperson of a meeting the discretion to accept more than 2 speakers on a matter under certain circumstances. This situation has arisen recently with respect to the Comprehensive LEP, Light Rail and Fit for the Future.

The proposed amendment to Clause (c) is self-explanatory.

The proposed amendment to Clause (d) is to give the Mayor or Chairperson greater control over the questions put to speakers addressing meetings.]

 

Clause 42 – Council Meeting Adjournment

1) The Chairperson is empowered to adjourn a meeting of a Council for a time specified or as agreed to by the Council.

 

2)  Meetings of the Council, if not concluded beforehand, adjourn at 11.30pm. Council and Council Committee meetings shall adjourn at 11:30pm unless a motion is moved beforehand to extend the meeting.

 

[This amendment serves to clarify the current practice.]

 

Clause 43 – Rescinding or altering resolutions

1)  A resolution passed by Council, or a Committee whose membership consist only of members of the Council and which has full delegation of authority to determine matters, may not be altered or rescinded except by a motion to that effect of which notice has been duly given in accordance with this Code.

 

2)  If a notice of motion to rescind a resolution is given at the meeting at which the resolution is carried, the resolution must not be carried into effect until the motion of rescission has been dealt with.  Section 372(1) of the Act requires notice of a rescission motion to be given in accordance with Council’s Code of Meeting Practice.  As such, for rescission motions that are lodged at the same meeting as the matter proposed to be rescinded was carried, the rescission motion will be held over and listed on the agenda at the subsequent Ordinary or Extraordinary Council Meeting or the next meeting of the relevant Committee, whichever occurs first.

 

15) Notwithstanding the provisions of Clauses 43(1) and 43(2) Council or a Council Committee may, by resolution, provided that the majority of Councillors present agree, re-commit a matter for further consideration at the same meeting at which the matter has been resolved, to avoid the necessity to rescind the resolution. However, re-committal will not be allowed if the meeting lapses for the want of a quorum or is adjourned to another day.

 

[Note: the purpose of Clause 15 is to permit the Council (or Council Committees) to revisit a decision taken, where it is realised after the vote on the matter, because there may have been confusion or misunderstanding during the debate, that the decision may be inconsistent with the wishes of a majority of Councillors.]

 

[The proposed amendment to Clause 43 is clarified in the proposed note – see above and will serve to make the Code more comprehensive.]

 

Clause 65 – Minutes

(1) Council and each Committee must ensure that full and accurate minutes are kept of the proceedings of each meeting of Council and of each Committee including:

(e)  Details of each motion moved and of any amendments moved to it; including;

-   motions which are validly moved, but which lapsed for the want of a seconder; and

-   motions that are ruled out of order by the Mayor/Chairperson because they are;

i)  not considered urgent

ii)  are considered unlawful

iii) are considered to be outside of Council’s jurisdiction.

(Note: The wording of motions ruled out of order by the Mayor/ Chairperson because they are defamatory or potentially defamatory in nature will not be included in the Minutes (in this case only the Mayors ruling will be included).

 

[The proposed amendment provides further clarification about the detail of motions to be included in the minutes.]

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in sustainability.

Direction 1b.2:   Contribute to protecting the Council’s reputation and enhancing its positive public image.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

A copy of the amended Code of Meeting Practice is attached (under separate cover) and the amended sections have been highlighted. It is recommended that the amended Code be adopted for immediate implementation.

 

 

 

Recommendation

 

That the amended Code of Meeting Practice be adopted for immediate implementation.

 

 

Attachment/s:

 

1.

Link to the Draft (amended) Code of Meeting Practice

 

 

 

 


Ordinary Council                                                                                               23 February 2016

 

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Director Governance & Financial Services Report No. GF3/16

 

 

Subject:                  Investment Report - November 2015

Folder No:                   F2015/06527

Author:                   Greg Byrne, Manager Financial Operations     

 

Introduction

 

The Local Government (General) Regulation requires a written report to be provided to the ordinary meeting of the Council giving details of all monies invested and a certificate as to whether or not the investments have been made in accordance with the Act, the regulations and the Council’s Investment Policy.

 

Issues

 

Council is authorised by s625 of the Local Government Act to invest its surplus funds. Funds may only be invested in the form of investment notified by Order of the Minister dated 12 January 2011. The Local Government (General) Regulation prescribes the records that must be maintained in relation to Council’s Investment Policy.

 

The table in this report titled “Investment Register – November 2015” outlines the investment portfolio held by Council as at the end of November 2015. All investments have been made in accordance with the Act, Regulations and Council’s Investment Policy.

 

Investment Commentary

 

As at 30 November 2015, Council held investments with a market value of $81.018 million. The portfolio value increased during November by ~$5.796 million. The increase is representative of a positive cash flow for the month reflecting the net effect of revenue receipts (rates, grants & miscellaneous) offset by capital works expenditure and other operational payments.

 

The size of the investment portfolio may vary significantly from month to month as a result of cash flows for the period. Cash outflows (expenditure) are typically relatively stable from one month to another. Cash inflows (income) are cyclical and are largely dependent on the rates instalment due dates and the timing of grant payments including receipts of the Financial Assistance Grants.

 

 

The following graph illustrates the movement in the investment portfolio from July 2012 to November 2015. Peaks are representative of the rates instalment periods.

 

Council’s Portfolio

 

The portfolio has high levels of liquidity with 10% of investments available at call and a further 19% of assets maturing within 3 months. Council also currently has a number of senior FRNs as additional cover for liquidity requirements (access to funds within 3 business days)

 

The investment portfolio is diversified across a number of investment types and is spread across the higher rated ADIs. The various investment types may include term deposits, floating rate notes, on-call accounts and covered notes.

 

The following graph indicates the allocation of investment types held at the end of November 2015. The portfolio is dominated by term deposits (59% of the portfolio) with the higher rated ADI’s. Credit assets (FRNs) are around 31% of the portfolio.

 

 

The entire investment portfolio is diversified across the higher rated ADI’s (A- or higher).

 

The investment portfolio is regularly reviewed in order to maximise investment performance and minimise risk. Comparisons are made between existing investments with available products that are not part of the Council’s portfolio. Independent advice is sought on new investment opportunities.

 

Credit Quality

 

The portfolio is of very high quality from a ratings perspective. Credit quality is entirely directed amongst the higher rated ADI’s (A- or higher), in compliance with Council’s Investment Policy.

 

Council’s Investment Policy restricts allowable investments to only Prime, High Grade and Upper Medium Grade Investments. This will result in all new investments having a minimum Standard and Poors long term credit rating of A-. Council no longer invests in any products with a credit rating of BBB+ or less.

 

 

 

^ Under the Financial Claims Scheme (FCS), the first $250,000 is guaranteed by the Federal Government (rated AAA by S&P), per investor, per ADI

 

All of these are within Policy limits.

 

 

 

 

 

 

 

 

 

 

 

 

Counterparty

 

The table below shows the individual counterparty exposures against Council’s current investment policy. Individual counterparty exposures comply with the Policy.

 

 

 

Performance

 

The following graph shows the investment returns achieved against the AusBond Bank Bill Index and the official Reserve bank of Australia (RBA) cash interest rate for the period November 2012 to November 2015.

 

 

Investment performance for the financial year to date is above the industry benchmark AusBond Bank Bill Index with an average return after fees of 3.11% compared with the benchmark index of 2.15%.

 

The official Reserve Bank of Australia (RBA) cash interest rate remained unchanged at 2.00% at the 1 December meeting.

 

Term Deposits

 

At month end, deposits accounted for 59% of the total investment portfolio.

Three deposits totaling $5 million matured and were withdrawn. Three new term deposits totaling $6 million were taken up.

As at the end of November, the weighted average deposit yield stood at 3.17%, down 4bp from the previous month or around +80bp over bank bills.

    

Floating Rate Notes (FRNs)

 

The portfolio includes $25.1 million in floating rate notes.

 

These investments are classified as “held for trading” requiring that they are reported at the latest indicative market valuations at month end.

 

The indicative market value of the FRNs decreased by ~$15k as at the end of November.

 

Ministerial Investment Order

 

In late 2007, the NSW Government commissioned a review of NSW local government investments. The review, known as the Cole Report included eight recommendations that were all adopted by the NSW Government and incorporated into the Ministerial Investment Order dated 31 July 2008. A revised Investment Order was issued on the 12 January 2011 and includes changes that:

 

·           Remove the ability to invest in the mortgage of land;

·           Remove the ability to make a deposit with Local Government Financial Services Pty Ltd;

·           And includes the addition of “Key Considerations” with a comment that a council’s General Manager, or any other staff, with delegated authority to invest funds on behalf of the council must do so in accordance with the council’s adopted investment policy.

 

Investment Register

 

The investment register is maintained with details of each individual investment including; financial institution; amount invested; date invested; maturity date and the applicable interest rate.

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in Sustainability.

Direction:  Long term financial viability is achieved.

 

Financial impact statement

 

Funds are invested with the aim of achieving budgeted income in the 2015-16 financial year and outperforming the AusBond Bank Bill Index over a 12 month period. The current budget provision for investment income from this source is $1,958,370.00. Investment income to 30 November 2015 amounted to $866,774.21

 

Certification – Responsible Accounting Officer

 

I hereby certify that all investments as at 30 November 2015 have been made in accordance with Council’s Investment Policy. All investments meet the requirements of s625 of the Local Government Act and the Local Government (General) Regulation.

 

Mitchel Woods

Responsible Accounting Officer

 

Conclusion

 

All investments as at 30 November 2015 have been made in accordance with the Local Government Act, the regulations and Council’s Investment Policy.

 

 

Recommendation

 

That the investment report for November 2015 be received and noted.

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               23 February 2016

 

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Director Governance & Financial Services Report No. GF4/16

 

 

Subject:                  Investment Report - December 2015

Folder No:                   F2015/06527

Author:                   Greg Byrne, Manager Financial Operations     

 

Introduction

 

The Local Government (General) Regulation requires a written report to be provided to the ordinary meeting of the Council giving details of all monies invested and a certificate as to whether or not the investments have been made in accordance with the Act, the regulations and the Council’s Investment Policy.

 

Issues

 

Council is authorised by s625 of the Local Government Act to invest its surplus funds. Funds may only be invested in the form of investment notified by Order of the Minister dated 12 January 2011. The Local Government (General) Regulation prescribes the records that must be maintained in relation to Council’s Investment Policy.

 

The table in this report titled “Investment Register – December 2015” outlines the investment portfolio held by Council as at the end of December 2015. All investments have been made in accordance with the Act, Regulations and Council’s Investment Policy.

 

Investment Commentary

 

As at 31 December 2015, Council held investments with a market value of $75.56 million. The portfolio value decreased during December by ~$5.447 million. The decrease is representative of a negative cash flow for the month reflecting the net effect of revenue receipts (rates, grants & miscellaneous) offset by capital works expenditure and other operational payments.

 

The size of the investment portfolio may vary significantly from month to month as a result of cash flows for the period. Cash outflows (expenditure) are typically relatively stable from one month to another. Cash inflows (income) are cyclical and are largely dependent on the rates instalment due dates and the timing of grant payments including receipts of the Financial Assistance Grants.

 

 

The following graph illustrates the movement in the investment portfolio from July 2012 to December 2015. Peaks are representative of the rates instalment periods.

 

Council’s Portfolio

 

The portfolio has high levels of liquidity with 9% of investments available at call and a further 19% of assets maturing within 3 months. Council also currently has a number of senior FRNs as additional cover for liquidity requirements (accessible within 3 business days)

 

The investment portfolio is diversified across a number of investment types and is spread across the higher rated ADIs. The various investment types may include term deposits, floating rate notes, on-call accounts and covered notes.

 

The following graph indicates the allocation of investment types held at the end of December 2015. The portfolio is dominated by term deposits (57% of the portfolio) with the higher rated ADI’s. Credit assets (FRNs) are around 34% of the portfolio.

 

 

The entire investment portfolio is diversified across the higher rated ADI’s (A- or higher).

The investment portfolio is regularly reviewed in order to maximise investment performance and minimise risk. Comparisons are made between existing investments with available products that are not part of the Council’s portfolio. Independent advice is sought on new investment opportunities.

 

Credit Quality

 

The portfolio is of very high quality from a ratings perspective. Credit quality is entirely directed amongst the higher rated ADI’s (A- or higher), in compliance with Council’s Investment Policy.

 

Council’s Investment Policy restricts allowable investments to only Prime, High Grade and Upper Medium Grade Investments. This will result in all new investments having a minimum Standard and Poors long term credit rating of A-. Council no longer invests in any products with a credit rating of BBB+ or less.

 

 

 

^ Under the Financial Claims Scheme (FCS), the first $250,000 is guaranteed by the Federal Government (rated AAA by S&P), per investor, per ADI

 

All of these are within Policy limits.

 

 

 

 

 

 

 

 

 

 

 

 

Counterparty

 

The table below shows the individual counterparty exposures against Council’s current investment policy. Individual counterparty exposures comply with the Policy.

 

 

 

Performance

 

The following graph shows the investment returns achieved against the AusBond Bank Bill Index and the official Reserve bank of Australia (RBA) cash interest rate for the period December 2012 to December 2015.

 

 

Investment performance for the financial year to date is above the industry benchmark AusBond Bank Bill Index with an average return after fees of 3.12% compared with the benchmark index of 2.19%.

 

The official Reserve Bank of Australia (RBA) cash interest rate remained unchanged at 2.00% at the 1 December meeting.

 

Term Deposits

 

At month end, deposits accounted for 57% of the total investment portfolio.

Four deposits totaling $6 million matured and were withdrawn. One new term deposit of $1 million was taken up.

As at the end of December, the weighted average deposit yield stood at 3.19%, up 2bp from the previous month or around +75bp over bank bills.

    

Floating Rate Notes (FRNs)

 

The portfolio includes $25.85 million in floating rate notes.

 

These investments are classified as “held for trading” requiring that they are reported at the latest indicative market valuations at month end.

 

The indicative market value of the FRNs decreased by ~$10k as at the end of December.

 

Ministerial Investment Order

 

In late 2007, the NSW Government commissioned a review of NSW local government investments. The review, known as the Cole Report included eight recommendations that were all adopted by the NSW Government and incorporated into the Ministerial Investment Order dated 31 July 2008. A revised Investment Order was issued on the 12 January 2011 and includes changes that:

 

·           Remove the ability to invest in the mortgage of land;

·           Remove the ability to make a deposit with Local Government Financial Services Pty Ltd;

·           And includes the addition of “Key Considerations” with a comment that a council’s General Manager, or any other staff, with delegated authority to invest funds on behalf of the council must do so in accordance with the council’s adopted investment policy.

 

Investment Register

 

The investment register is maintained with details of each individual investment including; financial institution; amount invested; date invested; maturity date and the applicable interest rate.

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in Sustainability.

Direction:  Long term financial viability is achieved.

 

Financial impact statement

 

Funds are invested with the aim of achieving budgeted income in the 2015-16 financial year and outperforming the AusBond Bank Bill Index over a 12 month period. The current budget provision for investment income from this source is $1,958,370.00. Investment income to 31 December 2015 amounted to $1,073,826.87.

 

Certification – Responsible Accounting Officer

 

I hereby certify that all investments as at 31 December 2015 have been made in accordance with Council’s Investment Policy. All investments meet the requirements of s625 of the Local Government Act and the Local Government (General) Regulation.

 

Mitchel Woods

Responsible Accounting Officer

 

Conclusion

 

All investments as at 31 December 2015 have been made in accordance with the Local Government Act, the regulations and Council’s Investment Policy.

 

 

Recommendation

 

That the investment report for December 2015 be received and noted.

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               23 February 2016

 

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Director Governance & Financial Services Report No. GF5/16

 

 

Subject:                  Investment Report - January 2016

Folder No:                   F2015/06527

Author:                   Greg Byrne, Manager Financial Operations     

 

Introduction

 

The Local Government (General) Regulation requires a written report to be provided to the ordinary meeting of the Council giving details of all monies invested and a certificate as to whether or not the investments have been made in accordance with the Act, the regulations and the Council’s Investment Policy.

 

Issues

 

Council is authorised by s625 of the Local Government Act to invest its surplus funds. Funds may only be invested in the form of investment notified by Order of the Minister dated 12 January 2011. The Local Government (General) Regulation prescribes the records that must be maintained in relation to Council’s Investment Policy.

 

The table in this report titled “Investment Register – January 2016” outlines the investment portfolio held by Council as at the end of January 2016. All investments have been made in accordance with the Act, Regulations and Council’s Investment Policy.

 

Investment Commentary

 

As at 31 January 2016, Council held investments with a market value of $70.35 million. The portfolio value decreased during January by ~$5.175 million. The decrease is representative of a negative cash flow for the month reflecting the net effect of revenue receipts (rates, grants & miscellaneous) offset by capital works expenditure and other operational payments.

 

The size of the investment portfolio may vary significantly from month to month as a result of cash flows for the period. Cash outflows (expenditure) are typically relatively stable from one month to another. Cash inflows (income) are cyclical and are largely dependent on the rates instalment due dates and the timing of grant payments including receipts of the Financial Assistance Grants.

 

 

The following graph illustrates the movement in the investment portfolio from July 2012 to January 2016. Peaks are representative of the rates instalment periods.

 

Council’s Portfolio

 

The portfolio has high levels of liquidity with 11% of investments available at call and a further 20% of assets maturing within 3 months. Council also currently has a number of senior FRNs as additional cover for liquidity requirements (accessible within 3 business days)

 

The investment portfolio is diversified across a number of investment types and is spread across the higher rated ADIs. The various investment types may include term deposits, floating rate notes, on-call accounts and covered notes.

 

The following graph indicates the allocation of investment types held at the end of January 2016. The portfolio is dominated by term deposits (52% of the portfolio) with the higher rated ADI’s. Credit assets (FRNs) are around 37% of the portfolio.

 

 

The entire investment portfolio is diversified across the higher rated ADI’s (A- or higher).

The investment portfolio is regularly reviewed in order to maximise investment performance and minimise risk. Comparisons are made between existing investments with available products that are not part of the Council’s portfolio. Independent advice is sought on new investment opportunities.

 

Credit Quality

 

The portfolio is of very high quality from a ratings perspective. Credit quality is entirely directed amongst the higher rated ADI’s (A- or higher), in compliance with Council’s Investment Policy.

 

Council’s Investment Policy restricts allowable investments to only Prime, High Grade and Upper Medium Grade Investments. This will result in all new investments having a minimum Standard and Poors long term credit rating of A-. Council no longer invests in any products with a credit rating of BBB+ or less.

 

 

 

^ Under the Financial Claims Scheme (FCS), the first $250,000 is guaranteed by the Federal Government (rated AAA by S&P), per investor, per ADI

 

All of these are within Policy limits.

 

 

 

 

 

 

 

 

 

 

 

 

Counterparty

 

The table below shows the individual counterparty exposures against Council’s current investment policy. Individual counterparty exposures comply with the Policy.

 

 

 

Performance

 

The following graph shows the investment returns achieved against the AusBond Bank Bill Index and the official Reserve bank of Australia (RBA) cash interest rate for the period January 2013 to January 2016.

 

 

 

Investment performance for the financial year to date is above the industry benchmark AusBond Bank Bill Index with an average return after fees of 3.12% compared with the benchmark index of 2.19%.

 

The official Reserve Bank of Australia (RBA) cash interest rate remained unchanged at 2.00% at the 2 February 2016 meeting.

 

Term Deposits

 

At month end, deposits accounted for 53% of the total investment portfolio.

Four deposits totaling $6 million matured and were withdrawn.

As at the end of January, the weighted average deposit yield stood at 3.23%, up 4bp from the previous month or around +85bp over bank bills.

    

Floating Rate Notes (FRNs)

 

The portfolio includes $25.79 million in floating rate notes.

 

These investments are classified as “held for trading” requiring that they are reported at the latest indicative market valuations at month end.

 

The indicative market value of the FRNs decreased by ~$30k as at the end of January.

 

Ministerial Investment Order

 

In late 2007, the NSW Government commissioned a review of NSW local government investments. The review, known as the Cole Report included eight recommendations that were all adopted by the NSW Government and incorporated into the Ministerial Investment Order dated 31 July 2008. A revised Investment Order was issued on the 12 January 2011 and includes changes that:

 

·           Remove the ability to invest in the mortgage of land;

·           Remove the ability to make a deposit with Local Government Financial Services Pty Ltd;

·           And includes the addition of “Key Considerations” with a comment that a council’s General Manager, or any other staff, with delegated authority to invest funds on behalf of the council must do so in accordance with the council’s adopted investment policy.

 

Investment Register

 

The investment register is maintained with details of each individual investment including; financial institution; amount invested; date invested; maturity date and the applicable interest rate.

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in Sustainability.

Direction:  Long term financial viability is achieved.

 

Financial impact statement

 

Funds are invested with the aim of achieving budgeted income in the 2015-16 financial year and outperforming the AusBond Bank Bill Index over a 12 month period. The current budget provision for investment income from this source is $1,958,370.00. Investment income to 31 January 2016 amounted to $1,262,853.81

 

Certification – Responsible Accounting Officer

 

I hereby certify that all investments as at 31 January 2016 have been made in accordance with Council’s Investment Policy. All investments meet the requirements of s625 of the Local Government Act and the Local Government (General) Regulation.

 

Mitchel Woods

Responsible Accounting Officer

 

Conclusion

 

All investments as at 31 January 2016 have been made in accordance with the Local Government Act, the regulations and Council’s Investment Policy.

 

 

Recommendation

 

That the investment report for January 2016 be received and noted.

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council                                                                                               23 February 2016

 

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Director Governance & Financial Services Report No. GF6/16

 

Subject:                  Youth Advisory Committee - replacement delegate

Folder No:                   F2004/07647

Author:                   Julie Hartshorn, Senior Administrative Coordinator      

 

Introduction

 

At the Community Services Committee meeting held on 9 February 2016, Councillor Bowen tendered his resignation as Council’s delegate on the Youth Advisory Committee. Due to personal commitments Cr Bowen is, regrettably, unable to continue in the role

 

Issues

 

Council’s Youth Advisory Committee is an community advisory committee that provides an opportunity for young people and those working with young people in the Randwick local government area to discuss and make recommendations to Council on youth issues and how to improve access to services.

 

The Youth Advisory Committee provides strategic guidance and support to Council around issues affecting young people living, studying and working in Randwick City. In partnership with representatives from youth services and local residents, the Committee works to:

 

·      encourage student and young people’s participation in Council’s activities and community services initiatives.

·      assist Council in effective policy development through the provision of advice.

·      assist Council in identification of current interests of young people (aged 12-25 years) in the Randwick LGA.

·      support and promote activities and special projects which relate to young people living or visiting the Randwick LGA.

·      assist in planning for youth events such as Youth Week.

 

Committee meetings are held every second month at a time and venue agreed by the new committee members.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  An informed and Engaged Community.

Direction:  Effective communication methods and technology are used to share information and provide services.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 


 

Conclusion

 

A replacement delegate is required for the Youth Advisory Committee, due to the resignation of Council’s current delegate (Councillor Bowen).

 

 

Recommendation

 

That Council nominate an replacement Councillor delegate for the Youth Advisory Committee.

 

 

Attachment/s:

 

Nil

 

  


Ordinary Council                                                                                               23 February 2016

 

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Motion Pursuant to Notice No. NM1/16

 

Subject:                  Notice of Motion from Cr Matson - Trailer boat parking in Dudley Street, Coogee and around Barker Park

Folder No:                   F2007/00524

Submitted by:          Councillor Matson, East Ward      

 

 

That Council respond to resident complaints about parking competition from boat trailers by:

 

a)     Canvassing community support for extending the resident preferred parking scheme to include the area around Baker Park specifically including Dudley Street between Byron and Higgs Streets; and

 

b)     Restructuring the Scheme’s provisions and permits to discourage boat trailers (but not non-boat trailers) in areas prone to high parking competition.

 

 

 

 

 

 


Ordinary Council                                                                                               23 February 2016

 

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Motion Pursuant to Notice No. NM2/16

 

Subject:                  Notice of Motion from Cr Matson - Council response to proposed Biodiversity Conservation Act with reference to Malabar Headland and other green spaces

Folder No:                   F2004/06759

Submitted by:          Councillor Matson, East Ward      

 

 

That Council moves to protect green spaces, such as Malabar Headland, from possible future development by writing to the Premier urging that the NSW Government’s proposed Biodiversity Conservation Act:

 

1)       Retains the ‘improve or maintain’ standard for clearing of native vegetation at a site scale; and

2)       Doesn’t include a mechanism for proponents of land clearing to make a monetary contribution to secure offsets for lost biodiversity and urban green space.

 

 

 

 

 

 


Ordinary Council                                                                                               23 February 2016

 

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Motion Pursuant to Notice No. NM3/16

 

Subject:                  Notice of Motion from Cr Stavrinos - Proposed review of current planning laws with respect to short-term accommodation

Folder No:                   F2004/07889

Submitted by:          Councillor Stavrinos, West Ward      

 

 

That Council write to the NSW Planning Minister, the Hon. Rob Stokes, requesting a bi-partisan review of current planning laws and regulatory powers in relation to the use of dwellings (including units) for the purposes of short-term accommodation.

 

 

 

 

 

 


Ordinary Council                                                                                               23 February 2016

 

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Motion Pursuant to Notice No. NM4/16

 

Subject:                  Notice of Motion from Cr Stavrinos - Unused car spaces and garages

Folder No:                   F2004/07236

Submitted by:          Councillor Stavrinos, West Ward      

 

 

That Council through social media/website promote reputable programs, encouraging residents with unused car spaces and garages, to rent them out in order to address parking issues in the Randwick LGA.

 

 

 

 

 


Ordinary Council                                                                                               23 February 2016

 

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Motion Pursuant to Notice No. NM5/16

 

Subject:                  Notice of Motion from Cr Bowen - Call for Design Review for Light Rail

Folder No:                   F2013/00263

Submitted by:          Councillor Bowen, East Ward      

 

 

That Randwick Councils calls on the State Government to cease all light rail works in any area of environmental or heritage sensitivity and conduct an urgent design review of the project to ensure best design practice is employed to intergrate Light Rail within existing heritage and environmentally sensitive zones within our local area. 

 

 

 

 

 

 


Ordinary Council                                                                                               23 February 2016

 

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Motion Pursuant to Notice No. NM6/16

 

Subject:                  Notice of Motion from Cr Moore - Balfour Lane Urgent Erosion Prevention Strategies

Folder No:                   F2007/00397

Submitted by:          Councillor Moore, West Ward      

 

 

That Council investigate erosion preventative measures in Balfour Lane between Kensington Road and Boronia Street including appropriate ground cover planting to assist in binding the sandy soil both for aesthetics and to prevent storm water erosion:

 

a)     particularly, the need to address the sloped section close to Boronia Street;

b)     with funding to be considered in FY16-17 budget; and

c)     with the expectation to be resolved within 9 months.

 

 

 

 

 

 


Ordinary Council                                                                                               23 February 2016

 

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Motion Pursuant to Notice No. NM7/16

 

Subject:                  Notice of Motion from Cr Neilson - Supporting a legal challenge to the process of forced amalgamations

Folder No:                   F2004/06554

Submitted by:          Councillor Neilson, North Ward      

 

 

That:

 

1)     Randwick Council reiterates that the preferred position is to stand-alone.

 

2)     notwithstanding, Randwick City Council has been coerced into supporting amalgamating with adjoining Councils, this is not the preferred position of Randwick Council.

 

3)     Note the unanimous resolution from Woollahra Council to oppose amalgamation with Waverley and Randwick passed at the Council meeting (8 February 2016).

 

4)     Council further note that Woollahra Council at the same meeting voted to proceed with a survey of residents on the important issue of amalgamation to support their formal submission to the State Government on their merger proposal.

 

5)     Therefore, Randwick Council cannot support the proposed merger with Waverley and Woollahra Councils.

 

6)     Randwick Council support a legal challenge to the merger proposal, for example, on procedural grounds. Further noting that the process was a “sham” from beginning to end including the Merger Proposal – Public Inquiry itself.

 

 

 

 

 

 


Ordinary Council                                                                                               23 February 2016

 

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Motion Pursuant to Notice No. NM15/16

 

Subject:                  Notice of Motion from Cr Roberts - Extending the Light Rail to Maroubra Junction and beyond

Folder No:                   F2014/00400

Submitted by:          Councillor Roberts, East Ward      

 

 

1.     Council NOTE its resolution of 24 June 2014:

 

NM64/14: Proposed Extension of Light Rail past Maroubra Junction:

a)  Council reiterate its decision of 27 November 2012 “that Council adopt a position of in principal support for the further extension to Maroubra Junction of the proposed CBD to UNSW light rail” and writes to TfNSW requesting the CESLR be extended to Maroubra Junction and beyond.

b)  Council seek affirmation from the NSW Government that no Urban Activation Precincts will be justified or proposed on the basis that light rail is extended.

c)  Council undertake consultation with residents and businesses in Maroubra to establish their position in relation to an extension of the light rail to Maroubra Junction.

 

2.     Council NOTE there’s currently no funding allocated or commitments made by the NSW Government to extend the LR beyond Kingsford.

 

3.     Council NOTE the Opposition made no funding allocations or commitments to extend the LR beyond Kingsford at the last election.

 

4.     Council WRITE to the following Government and Opposition members calling on them to support the extension of the LR to Maroubra Junction and beyond:

          a.   The Member for Maroubra and Shadow Treasurer, Michael Daley;

          b.   The Minister for Transport and Infrastructure, Andrew Constance;

          c.   The Shadow Minister for Transport and Infrastructure, Ryan Park;

          d.   The Treasurer, Gladys Berejiklian;

          e.   The Premier, Mike Baird; and

          f.   The Leader of the Opposition, Luke Foley.

 

5.     The letter should include – but not be limited to – the following information:

 

a.  Potential savings and synergies if the extension is done concurrently with the construction of the CSELR, as opposed to a later date,

b.  Highlight the absence of any significant physical obstacles to an extension,

c.  Note the potential for greater revenue such an extension would generate for the network.

 

 

 

 

 

 

  


Ordinary Council                                                                                               23 February 2016

 

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Notice of Rescission Motion No. NR2/16

 

Subject:                  Notice of Rescission Motion submitted by Councillors D'Souza, Seng and Stevenson - 25 Jersey Road, Matraville (DA/643/2015)

Folder No:                   DA/643/2015

Submitted by:          Councillor Stevenson, Central Ward; The  Mayor, Cr Noel D'Souza; Councillor Seng, Ted Seng      

 

That the resolution passed at the Planning Committee meeting held on Tuesday 9 February 2016 in relation to Item D7/16 and reading as follows:

 

“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. 643/2015 for the demolition of an existing dwelling, construction of a new two storey attached dual occupancy with garages and associated works, at No. 25 Jersey Road, Matraville 2036, subject to the following non standard conditions and the standard conditions contained in the development application compliance report attached to this report:

 

Nonstandard conditions

 

Amendment of Plans & Documentation

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

 

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

 

·      Study Window to Dwelling 25A on the western elevation at first floor level;

·      Bedroom window to Dwelling 25A on the western elevation at first floor level; and

·      Bedroom window to Dwelling 25A on the northern elevation at first floor level.

 

b.     The fence on the Jersey Road street alignment is to be a maximum height of 1200mm and be designed so that the solid portion of the fence does not exceed 600mm, measured from the footpath level. The remainder of the fence shall be at least 30%% open, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.”

 

BE AND IS HEREBY RESCINDED.

 

If the Rescission Motion is carried, it is intended to move the following motion:

 

“That the matter be deferred for mediation.”