MINUTES OF Planning Meeting
Held at Council
Chambers, HORNSBY
on Wednesday,
15 October, 2008
at 6:39 pm
Councillors
Berman (Chairperson), Browne, Chopra, Evans, Hutchence, Martin, McMurdo, Mills,
Russell and Smart.
NOTE: Councillor
Browne arrived at the meeting at 7.59pm. He was not present for Apologies,
Declarations of Interest, Confirmation of Minutes, Item 1,
NATIONAL
ANTHEM
OPENING
PRAYER
Rev Neil Flower, from Ministry and
Acknowledgement
of RELIGIOUS DIVERSITY
Statement
by the Chairperson:
"We recognise our Shire's rich cultural and religious diversity and
we acknowledge and pay respect to the beliefs of all members of our community,
regardless of creed or faith."
ABORIGINAL
RECOGNITION
Statement by the Chairperson:
"We recognise the
traditional inhabitants of the land we are meeting on tonight, the Darug and
Guringai Aboriginal people, and respect is paid to their elders and their
heritage."
AUDIO
RECORDING OF COUNCIL MEETING
Statement by the Chairperson:
"I advise all present that tonight's meeting
is being audio recorded for the purpose of assisting in the accuracy of the
Minutes. The recordings may be accessed
by members of the public once the Minutes have been finalised and speakers are
requested to ensure their comments are relevant to the issue at hand and
refrain from making personal comments or criticisms."
APOLOGIES
presentations
Nil
declarations
of interest
COUNCILLOR BERMAN declared a non-significant non-pecuniary
interest in Item 5 - Report No. PLN208/08 – Development Application for
COUNCILLOR MCMURDO declared a pecuniary interest in
Item 9 – Report No. PLN199/08 – Ku-Ring-Gai and Hornsby Subregional Employment
Study. Refer to that Item for details.
_____________________________
NOTE: At the conclusion of the Meeting COUNCILLOR SMART tabled a non-significant
non-pecuniary interest in Item 5 - Report No. PLN208/08 – Development
Application for
NOTE: At the conclusion of the Meeting COUNCILLOR RUSSELL tabled a non-significant
non-pecuniary interest in Item 5 - Report No. PLN208/08 – Development
Application for
confirmation
of minutes
petitions
Nil.
MAYORAL
MINUTES
Nil.
NOTICES
OF MOTION
Nil.
Mayoral
Minutes
Nil.
Notices
of Motion
Nil.
Rescission
Motions
MATTERS OF URGENCY
Nil.
ITEMS PASSED BY EXCEPTION /
CALL FOR SPEAKERS ON AGENDA ITEMS
THE MAYOR ANNOUNCED his intention to deal
with the balance of the Business Paper
by the exception method and announced the
items.
Items 1, 2, 3, 5, 6 and 7 were withdrawn for
discussion.
RESOLVED ON THE MOTION OF COUNCILLOR EVANS,
seconded by
COUNCILLOR RUSSELL,
THAT the recommendations in
respect of items 4, 8 and 9 be adopted.
FOR: Councillors Berman, EVANS,
CHOPRA, HUTCHENCE, MARTIN, MCMURDO, MILLS, RUSSELL, SMART.
AGAINST: NIL.
For
the sake of clarity, the above items are recorded in Agenda sequence.
Note: Persons wishing to
address Council on matters which were on the Agenda were permitted to speak,
prior to the item being discussed, and their names are recorded in the Minutes
in respect of that particular item.
DEVELOPMENT APPLICATIONS
A Ward Deferred
Nil.
A Ward
AT THIS POINT IN THE MEETING
(7.52PM) THE MAYOR ADJOURNED THE MEETING. THE MEETING RESUMED AT 7.55PM.
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5 PLN208/08 Development Application for (D01012997) |
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NOTE: COUNCILLOR BERMAN declared a non-significant non-pecuniary
interest in this item under Clause 51A of Council's Code of Meeting Practice
(see Declarations of Interest in these Minutes). As stated on the Declaration
of Interest form by COUNCILLOR BERMAN, the nature of the interest was “A
number of people interested in this matter are known to me, live close to where
I live and have made representations to me about this”, and the explanation
of why the interest does not require further action in the circumstances was
“The nature of interest does not compel me to vote a certain way”. COUNCILLOR
BERMAN remained present for discussion and voting on the item. NOTE: At the conclusion of the
Meeting, COUNCILLOR SMART tabled a non-significant non-pecuniary interest in
this item under Clause 51A of Council's Code of Meeting Practice (see
Declarations of Interest in these Minutes). As stated on the Declaration of
Interest form by COUNCILLOR SMART, the nature of the interest was “2 speakers
on this item also handed out my how to votes at Hornsby North”, and
the explanation of why the interest does not require further action in the
circumstances was “This interest will not encourage my vote in any
way”. COUNCILLOR SMART remained
present for discussion and voting on the item. NOTE: At the conclusion of the
Meeting, COUNCILLOR RUSSELL tabled a non significant non-pecuniary interest
in this item under Clause 51A of Council's Code of Meeting Practice (see
Declarations of Interest in these Minutes). As stated on the Declaration of
Interest form by COUNCILLOR RUSSELL, the nature of the interest was "2
speakers tonight helped on a polling booth in this recent Council election on
my behalf”, and the explanation of why the interest does not require further
action in the circumstances was “The nature of the interest does not compel
me to vote either way”. COUNCILLOR
RUSSELL remained present for discussion and voting on the item. Mr Jack Condren, on
behalf of Ms Sylvana
Vandertouw, of Mrs Verlaine Timms,
of Ms Lara Hibbard, of
Hornsby, addressed Council regarding this item. Mr Joe Nagy, of
Wahroonga, addressed Council regarding this item. Ms Kylie Edwards, of
Ms Jane Condren, of Ms Veronica Nugent,
of Mr Robert Hibbard,
of Hornsby, addressed Council regarding this item. Mr Brendan Clarke,
of Dr Douglas Howe, Mr Alan Torrens, of
Hornsby, addressed Council regarding this item. Ms K Fitzsimons, of Ms Jacqueline
Crompton, on behalf of Telstra, addressed Council regarding this item. RESOLVED ON THE
MOTION OF COUNCILLOR Mills,
seconded by COUNCILLOR Evans, THAT 1. Council approve
DA/1931/2007 for the “Installation of a mobile phone tower and
associated equipment shelter” at 2. By close of business on Thursday 16 October 2008, the General Manager publicly release the confidential legal advice that Council has received regarding Council's likelihood of success in the Land and Environment Court if it were to refuse the development application by placing the advice on Council's web site.
3. Council writes to Senator the Hon Stephen
Conroy, Minister for Broadband, Communications and the Digital Economy and to
Senator the Hon Nick Minchin, Shadow Minister for Broadband, Communications
and the Digital Economy, advising of Council's considerable concerns with the
current provisions of the 'Telecommunications Act 1997' and the
'Telecommunications Code of Practice 1997', which do not allow councils to
establish controls relating to exclusion zones for telecommunications
facilities around sensitive land uses such as schools, child care centres and
hospitals and to the inability of local communities to reject
telecommunications facilities of this nature. 4. Telstra be requested to take EME
readings at FOR: Councillors Browne, CHOPRA,
Evans, Hutchence, Mills and Russell AGAINST: Councillors Berman, MARTIN, McMurdo and
Smart |
B Ward Deferred
Nil.
B Ward
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6 PLN196/08 Development Application -
Alterations to building and subdivision into 25 units, (D01005394) |
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Mr RESOLVED ON THE
MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Mills, THAT Development
Application No. 930/2008 at Approved Plans and Supporting Documentation 1. The
development must be carried out in accordance with the following plans and
documentation listed below and endorsed with Council’s stamp, except where
amended by other conditions of this consent:
2. A Positive Covenant, under Section 88B of the Conveyancing Act 1919, is created, for the provision of and on going maintenance of ten (10) public parking spaces within common property, as indicated on the revised strata plans, for use by the public anytime between the hours of 7:00am to 7:00pm Monday to Friday everyday, except public holidays. All other car parking spaces are to be allocated to individual units, at a ratio commensurate to the size of individual units. 3. The pedestrian
access from the basement car park to the premises at 4. The loading dock and access from
5. The loading dock
and access driveway from 6. In
order to maintain amenity to adjoining residences, the hours of use of each
of the strata units shall be restricted to those times listed below: Monday - Wednesday 7.00am
to 7.00pm Thursday – Friday 7.00am
to 9.00pm Saturday 8.30am
to 6.00pm Sunday 10.00am
to 5.00pm 7. In order to maintain privacy to adjoining dwellings, the windows proposed on the eastern elevation of the building are to be fitted with screens to Council’s written satisfaction, to prevent overlooking,, prior to release of the subdivision certificate. 8. The existing fence separating the loading dock and driveway from the adjoining properties to the east is to be fitted with solid panels to a height of 1.8 metres along the entire length of the loading dock and driveway, in order to prevent overlooking into the adjacent residential private open space from vehicles utilising the driveway and loading dock. Building Code of 9. All
building work must be carried out in accordance with the requirements of the Building Code of Australia. Should there be any alternative solutions listed as Category 2
Fire Safety Provisions and outlined in the Environmental Planning and
Assessment Regulation 2000, a fire engineering report should be forwarded to
the Brigades for comment under Clause 144 of the Environmental Planning and
Assessment Regulation 2000. Council Property 10. The
land and adjoining areas are to be kept in a clean and tidy condition at all
times. Litter and rubbish shall be
placed in containers and removed from the site. A waste storage container is to be provided
at the commencement of the building work. 11. The
cost of repairing any damage caused to Council's assets as a result of
construction works associated with the approved development is to be met in
full by the applicant/developer prior to the issue of a subdivision
certificate. Signs for
Construction Sites 12. On-site
signage is required to clearly identify the PCA and the principal contractor
(the coordinator of the building work) pursuant to the Environmental Planning and Assessment Amendment (Quality of
Construction) Act 2003, s157(1)(c1), Cl 98A, 136C & 227A. Hours of Construction 13. In
order to maintain the amenity of adjoining properties, site works shall be
restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to
1.00 pm Saturday. No work shall be
undertaken on Sundays or public holidays.
Plant, goods or materials shall not be delivered to the site outside
the approved hours of site works unless otherwise approved by Council. Protection of Public Places 14. If
the construction works causes pedestrian or vehicular traffic in a public
place to be obstructed or rendered inconvenient, a fence must be erected
between the building premises and the public place. The fence must be at least 1.8m high of
chainwire and galvanised pipe construction.
Welded wire reinforcing fabric is not to be used. If
the construction works will cause pedestrian or vehicular traffic in a public
place to be obstructed or rendered inconvenient or unsafe, or the works
involve the enclosure of a public place, a hoarding must be erected between
the building premises and the public place.
The erection of any hoarding and temporary awnings requires separate
approval under the Local Government Act, 1993. 15. The
work site is to be kept lit between sunset and sunrise if it is likely to be
a source of danger to persons using a public place or upon instruction by
Council to enhance the safety and security of the area in which the work is
located. Fire Safety Certificate –
Final 16. In
accordance with Part 9, Division 4 of the Environmental Planning &
Assessment Regulation, 2000, the owner of the building must, on completion of
the building, provide Council with a certificate in relation to each
essential fire safety or other safety measure implemented in the building. Fire Safety Statement - Annual 17. In accordance with Part 9, Division 5 of the Environmental Planning & Assessment Regulation, 2000, at least once in each period of 12 months after the date of the first fire safety certificate, the owner shall provide Council with a further certificate in relation to each essential service installed in the building. FOR: Councillors
Berman, BROWNE, EVANS, CHOPRA, HUTCHENCE, MARTIN, MCMURDO, MILLS, RUSSELL,
SMART. AGAINST: Nil |
C Ward Deferred
Nil.
C Ward
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7 PLN202/08 Development Application - Demolition
of existing dwelling and erection of a child care centre , (D01011026) |
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Mr Peter May, of Epping, addressed Council regarding this item. Ms Judy Ms I May, of Epping, addressed Council regarding this item. Mr John Aquilina, of Carlingford, addressed Council regarding this item. MOVED ON THE MOTION OF COUNCILLOR
Hutchence, seconded by
COUNCILLOR Mills, THAT Development Application No. 582/2008 at Lot 3 DP 8346 (No. 96) Ray Road Epping be refused. A FORESHADOWED MOTION WAS MOVED BY COUNCILLOR EVANS, THAT A. Development Application No. 582/2008 at Lot 3 DP 8346 (No. 96) Ray Road Epping be approved subject to the following conditions: Approved Plans and Supporting Documentation 1. The development must be carried out in accordance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of this consent:
Note:
This development consent does not provide for any signage. A separate development application shall be
submitted for the child care centre. 2. The child care centre shall have a maximum of 48 places in the following groups. · 0 – 2 years: 15 places · 2 – 3 years: 16 places · 3 – 6 years: 17 places 3. The
hours of operation of the centre are restricted to weekdays between
7.00am and 6.00pm . 4. The materials and colours to be used
in the construction shall be in accordance with the samples submitted to
Council (Reference No. D00911778). 5. The driveways and car parking area shall be in coloured concrete or similar treatment to minimise visual impact and to complement the landscaping of the development. 6. The proposed bin storage at the frontage shall be deleted and replaced with landscaping generally in accordance with the landscape plan for the area at the frontage. A suitable bin storage area shall be provided adjacent to car parking space No. 10 and the pedestrian pathway. 7. The development shall operate in accordance with all recommendations in the acoustic report prepared by RSA Acoustics dated April 2008 accompanying the application which requires specialised acoustic treatment of the building and/or the way in which the use is to operate and the following: i) The acoustic fencing on the eastern side of the car park shall be of masonry construction, 1.8 metres high and not forward of the building alignment on the adjoining property, as illustrated on the approved plans; ii) A maximum of 20 children shall occupy the outdoor play area at any one time; iii) No amplified music, sirens, whistles or other mechanical device that mechanically increases noise levels shall be used in the outdoor play area; iv) Details of the name and contact number of the on-site manager shall be provided to adjoining and nearby neighbours to contact the centre in the event that excessive noise is being generated by the centre; v) A 1.8 metre high lapped and capped timber fence shall be constructed along the side and rear property boundaries of the property at the sole cost of the applicant; vi) All noise generated by the proposed development is to be attenuated to prevent levels of noise being emitted to adjacent premises which possess tonal, beating and similar characteristics or which exceeds background noise levels by more than 5dB(A). 8. The hot water system for the development shall have an energy efficiency rating of not less than 3.5 stars. 9. Documentary evidence (ie. tipping dockets/receipts from transfer stations and landfills) shall be submitted to Council or the principal certifier to confirm compliance with the Waste Management Plan lodged with the development application. 10. To minimise waste, appropriate project management techniques shall be employed in accordance with Section C1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide. Building Code of 11. All building work must be carried out in accordance with the requirements of the Building Code of Australia. 12. The land and adjoining areas are to be kept in a clean and tidy condition at all times. Litter and rubbish shall be placed in containers and removed from the site. A waste storage container is to be provided at the commencement of the building work. 13. The cost of repairing any damage caused to Council's assets as a result of construction works associated with the approved development is to be met in full by the applicant/developer prior to the issue of a subdivision certificate. Sediment & Erosion Control 14. Temporary sedimentation and erosion controls are to be constructed prior to commencement of any work to eliminate the discharge of sediment from the site. The controls are to be designed and installed in accordance with the requirements of Landcom’s “Managing Urban Stormwater: Soils and Construction”, Volume 1, 4th Edition, March 2004, (the Blue Book), and Hornsby Shire Council’s “Sustainable Water Best Practices” manual and shall:- i) be effectively maintained at all times during the course of works and shall not be removed until the site has been stabilised or landscaped to the Principal Certifying Authority’s satisfaction. ii) include adequate measures to remove clay from vehicles leaving the site so as to maintain public roads in a clean condition. iii) ensure disturbed areas are rehabilitated with indigenous plant species, landscaped and treated by approved methods of erosion mitigation such as, mulching, and revegetation with native grasses or other suitable stabilising processes within fifteen days of the completion of works. Hours of Demolition Works 15. In order to maintain the amenity of adjoining properties, demolition works shall be restricted to between 7.00 am and 6.00 pm. No demolition works are to be undertaken on Saturdays, Sundays or Public Holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless written Council gives consent. Demolition 16. All demolition work is to be carried out in accordance with the applicable provisions of Australian Standard 2601-2001 ‘The Demolition of Structures’. A sign must be erected in a prominent position on the premises, on which the demolition of a building is being carried out, stating that unauthorised entry to the premises is prohibited and showing the name of the builder or other person in control of the premises and a telephone number at which the builder or other person may be contacted during and outside work hours. The sign is to be removed when the demolition of the building has been completed. Note: Applicants are reminded that WorkCover
NSW requires all plant and equipment used in demolition work must comply with
the relevant Australian Standards and manufacturer specifications. Asbestos Removal 17. The following conditions shall be complied with regarding asbestos: i) Prior to commencement of any work involving the demolition, alteration or addition to any building on the development site, a survey is to be conducted by a competent person to ascertain whether any asbestos materials exist thereon. Asbestos material means any material that contains asbestos. ii) Where asbestos material is found to exist on the development site and that asbestos material is to be removed or disturbed as a result of any proposed demolition, alteration or addition, then all work involving removal and disposal of asbestos material must be undertaken by persons who hold the appropriate licence issued by WorkCover NSW under Chapter 10 of the Occupational Health and Safety Regulation 2001. iii) The collection, storage, transportation or disposal of any type of asbestos waste is to comply with the requirements of clause 29 of the Protection of the Environment Operations (Waste) Regulation 1996. iv) Upon completion of disposal operations, the applicant must lodge with the principal certifying authority, within seven (7) days, all receipts (or certified photocopies) issued by the receiving landfill site as evidence of proper disposal. Note:
The person responsible for disposing of the asbestos material shall
consult with the Environment Protection Authority to determine the location
of an approved landfill site to receive asbestos material. v) On construction sites where buildings contain asbestos material, a standard commercially manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ measuring not less than 400mm x 300mm is to be erected on the site in a prominent position visible from the street. The sign is to be erected prior to any work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility. This condition is imposed for the purpose of worker and public safety and to ensure compliance with Clause 259(2)(c) of the Occupational Health and Safety Regulation 2001. Signs for Construction Sites 18. On-site signage is required to clearly identify the PCA and the principal contractor (the coordinator of the building work) pursuant to the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003, s157(1)(c1), Cl 98A, 136C & 227A. Dust Control 19. Measures to prevent the emission of dust or other impurities into the surrounding environment are to be implemented during demolition works. Hours of Construction 20. In order to maintain the amenity of adjoining properties, site works shall be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. No work shall be undertaken on Sundays or public holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless otherwise approved by Council. Excavation & Backfilling 21. Retaining walls or other approved methods necessary to prevent the movement of excavated or filled ground, are to be constructed together with associated stormwater drainage measures prior to occupation of the development or before where site conditions require. If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made must: i) preserve and protect the building from damage; ii) if necessary, underpin and support the building in an approved manner; and iii) at least 7 days before excavating, give notice of intention to do so to the adjoining owner and furnish particulars to the owner of the proposed work. Protection of Public Places 22. If the erection or demolition of a building causes pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, a fence must be erected between the building premises and the public place. The fence must be at least 1.8m high of chainwire and galvanised pipe construction. Welded wire reinforcing fabric is not to be used. Fire Safety Certificate – Final 23. In accordance with Part 9, Division 4 of the Environmental Planning & Assessment Regulation, 2000, the owner of the building must, on completion of the building, provide Council with a certificate in relation to each essential fire safety or other safety measure implemented in the building. Fire Safety Statement - Annual 24. In accordance with Part 9, Division 5 of the Environmental Planning & Assessment Regulation, 2000, at least once in each period of 12 months after the date of the first fire safety certificate, the owner shall provide Council with a further certificate in relation to each essential service installed in the building. Survey Reports 25. To ensure that the building and any associated structures are correctly positioned on the site, a report prepared by a registered surveyor is to be submitted to the principal certifying authority at each level of construction of the building (prior to the pouring of concrete) indicating that the finished floor level is in accordance with the approved plans. Sydney Water 26. The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then see Building & Renovating under the heading Building & Renovating, or telephone 13 20 92. Long Service Levy 27. Under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 any work costing $25,000 or more is subject to a Long Service Levy. The levy rate is 0.35% of the total cost of the work and shall be paid to either the Long Service Payments Corporation or Hornsby Shire Council. Under section 109F (1) of the Environmental Planning & Assessment Act, 1979 this payment must be made prior to a construction certificate being issued. Construction
Certificate – Engineering Works 28. A construction certificate must be obtained from either Council or an Accredited Certifier. Engineering design plans and specifications are to be prepared by a chartered professional engineer for any proposed works. The plans and specifications are to be in accordance with development consent conditions, appropriate Australian standards, and applicable Council standards, in particular “Hornsby Shire Council Civil Works - Design and Construction Specification”. Information required to be submitted with a construction certificate is as follows: a) copies of compliance certificates relied upon b) Four (4) copies of the detailed engineering plans in accordance Hornsby Shire Council's Civil Works - Design Specification 1999. The detailed plans may include but are not limited to the earthworks, roadworks, road pavements, road furnishings, stormwater drainage, landscaping and erosion control works. c) Hornsby Shire Council’s approval for roadworks and public drainage is required prior to the issuing of a construction certificate for these works. 29. All engineering works required by this consent must be designed and undertaken in accordance with the relevant aspects of the following documents, except as otherwise authorised by this consent. A Construction Certificate is to be obtained prior to commencement of works. a) Australian Rainfall and Run-Off 1987 b) Hornsby Shire Council's Design and Construction Specifications 1999 Inspections - Engineering 30. All
engineering work required by the consent must be inspected at the “hold
points” as nominated in the Hornsby Shire Council Civil Works Construction
Specifications 1999. Certificates shall be issued prior to occupancy
confirming that the works comply with development consent, construction
certificate and Hornsby Shire Council Civil Works - Design and Construction
Specification. Road
Works (Driveway/ Access) 31. A
separate application under the Local
Government Act 1993 and Roads Act 1993 shall be submitted to Council
for approval for the following: a)
the installation of an additional
vehicular footway crossing servicing the development from b) the levels provided by Council are to be used to design the internal driveway. c) further, evidence of Council's levels being incorporated into the longitudinal section is to be submitted with a construction certificate application. Note:
This application can only be submitted by one of Council’s Authorised
Vehicular Crossing Contractors. You are advised to contact Council’s Works
Division on (02) 9847 6940 to obtain a list of Council’s Authorised Vehicular
Crossing contractors. 32. The vehicular footway crossing,
driveway and the parking areas are to be designed and constructed in
accordance with Hornsby Shire Council Civil Works Specifications, Australian
Standards 2890.1 and 3727 and comply with the following requirements: a) A longitudinal section through the centreline of the driveway from the road to the proposed car parking areas showing proposed driveway grades and allowing or suitable transition at changes of grades, is to be submitted for consideration with a construction certificate application. b) The maximum grade is to be 25% with maximum transition for changes of grade to be 8% per plan meter. 33. The ingress and egress crossings shall
be suitably signposted prior to occupation. Drainage
– On Site Detention 34. The drainage system
to control all collected roof and surface stormwater shall be designed with
an on-site-detention system. The
system shall be designed by a Chartered Professional Civil/Hydraulic Engineer
of the Institution of Engineers, a) A below ground system the storage/ ponding capacity of not less than 17.90 m3 and maximum permissible discharge, when full, 22.80 litres per second. b) The discharge from an on-site-detention shall be connected to the inter‑allotment easement to drain water that is to be created prior to issue of a construction certificate. 35. Stormwater drainage from the site shall be designed (pipes and gutters) to satisfactorily drain rainfall intensities for an average recurrence interval of 20 years. The design shall: a) be in accordance with Hornsby Shire Council - Design Specification b) be in accordance with Australian/New Zealand Standard 3500.3. c) ensure that the development, either during construction or upon completion, does not impede or divert natural surface water runoff so as to cause a nuisance to adjoining properties. d) A surcharge/inspection grate is to be located directly above the outlet. e) Stormwater discharge from the detention system is to be controlled via a one metre length of pipe not less than 50mm diameter discharging into a larger diameter pipe capable of carrying the design flow to Council's gutter/stormwater pit. Certificate
and Restriction as to user and Positive Covenant for OSD system 36. A certificate from a Chartered Professional Engineers of the Institution of Engineers, Australia (also known as Engineers, Australia), confirming that the on-site detention system has been constructed according to construction certificate plans and will function hydraulically in accordance with the approved design plan shall be submitted to Council (via PCA if private). The certificate (OSD) is to include work-as-executed details of the on-site-detention system prepared by a Chartered Professional Engineer/Registered Surveyor and verify that the storage has been constructed in accordance with the design requirements. The details are to show the invert levels of the OSD system as well as the pipe sizes and grades. Any variations must be shown in red and supported by calculations. 37. An appropriate 88B restriction as to user and a positive covenant are to be created on the title of the land describing the on-site detention system clearly and responsibilities for maintenance and that they are not to be varied without the consent of the Council. Evidence of creation shall be submitted prior to occupation of the premises. Interallotment
Easement to Drain Water 38. Construction of an interallotment stormwater drainage system to service the lot through the downstream property (lot 5, DP 205518). The OSD system is to be connected to the interallotment drainage pipe. 39. The interallotment easement to drain water (through lot 5, DP 205518) shall be created prior to issue of a construction certificate and evidence provided to the nominated Principal Certifying Authority. Tree Protection 40. To
protect trees, the removal of trees numbered 2, 3, 6 and 10 marked on the
plan or excavation or filling of soil or the placing of building materials or
associated works (ie water, sewer, telephone, drainage) within the three
metre setback is not permitted without written approval from Council. 41. To
avoid mechanical injury or damage, tree number 10 is to have the trunk
protected by 2m lengths of 75mm x 25mm hardwood timbers spaced at 80mm
secured with galvanised wire (not fixed or nailed to the tree in any way).
Trunk protection is to be installed prior to the issue of a construction
certificate and maintained in good condition for the duration of the
construction period. Affixing signage to trees located on site or located on
the nature strip is strictly forbidden. 42. To
prevent damage to tree roots, excavation (for services and other works),
change of soil level (cut or fill), parking (vehicles or plant), or placement
of building materials (including disposal of cement slurry and waste water) within the specified
tree protection setbacks, and within three metres of all other trees to be
retained onsite, is strictly forbidden. No tree roots located within the
specified tree setbacks shall be severed or injured in the process of any
site works during the construction or landscaping phases of the approved
project. The applicant shall
ensure that all underground services (i.e. water, drainage, gas, and sewer)
shall not be laid within 3m of any tree located on the property protected
under Council’s Tree Preservation Order. 43. Works
within the specified tree setbacks of trees 2, 3, 7, 8, 9 and 10 has been
approved by Council’s Parks and Landscape Team and shall be carried out in
such a manner that is non-injurious to any roots revealed. Tree roots between
10mm and 50mm diameter, revealed during excavation, shall be cut cleanly by a
sharp hand saw. The severance of tree roots greater than 50mm in diameter is
not permitted. If roots of such
diameter are revealed by hand excavation, the applicant must provide
Council’s Parks and Landscape Team an assessment by a qualified arborist that
outlines the likely impact of severing the roots or an alternative to the
proposed works. 44. Prior to the issue of an occupation certificate validation sampling must be carried out in the building areas after removal/demolition of the structures to ensure contamination does not exist in these areas in accordance with the recommendations made by GeoEnviro Consultancy Pty Ltd in their Preliminary Contamination and Geotechnical Report dated 3 July 2008. All sampling must be undertaken in accordance with the NSW Environment Protection Authority’s Contaminated Sites – Guidelines for Consultants Reporting on Contaminated Sites and Contaminated Sites – Sampling Design Guidelines 45. Prior
to the issue of an occupation certificate, all mechanical plant equipment
must have noise specifications, proposed locations and orientations reviewed
prior to installation on the site to ensure that they will not singularly or
in total emit noise levels which possess tonal, beating and similar
characteristics or which exceeds background noise levels by more than 5dB(A).
Should the calculated noise emissions from the mechanical plant equipment be
in excess of the set limits, appropriate acoustic treatment must be
implemented by a suitably qualified consultant. 46. The
operator of the centre shall ensure that all parents enrolling in the child
care centre be required to use the on-site parking facilities for drop off
and pick up 47. A
traffic calming device is to be designed and constructed at the sole cost of
the applicant for that section of 48. In accordance with the approved plans and Australian
Standard AS 2890.1:2004 Off-street car parking and AS 2890.2 - 2002
Off-street commercial vehicle facilities, a minimum of 12 marked and numbered car spaces
shall be provided on site. 49. The development shall comply with the recommendations of the Access Review prepared by Morris-Goding Accessibility Consulting dated 18 July 2008. Certification of compliance by the access consultant is to be obtained prior to the issue of a Construction Certificate. B. The applicant provide appropriate landscaping along the rear elevation of the property to ensure the appropriate screening, and prior to issuing of the consent certificate, liaise with Council to ensure the appropriate species is selected. THE MOTION MOVED BY COUNCILLOR HUTCHENCE, seconded by COUNCILLOR MILLS, WAS PUT AND LOST. THE
FORESHADOWED MOTION MOVED BY COUNCILLOR EVANS, was seconded by COUNCILLOR
MCMURDO, THEREBY BECOMING THE MOTION WHICH WAS PUT AND CARRIED. FOR: Councillors Berman, CHOPRA, EVANS,
Martin, McMurdo, Smart and Russell. AGAINST: Councillors
Browne, Hutchence and Mills. |
General Business
|
8 PLN198/08 Keep (D01006797) |
|
RESOLVED
ON THE MOTION OF COUNCILLOR Evans,
seconded by COUNCILLOR Russell, THAT the contents of Executive
Manager’s Report No.PLN198/08 be received and noted. FOR: Councillors
AGAINST: NIL. |
|
9 PLN199/08 Ku-ring-gai and Hornsby Subregional
Employment Study (D01006983) |
|
COUNCILLOR MCMURDO declared a pecuniary interest in this item under
Clause 52 of Council's Code of Meeting Practice (see Declarations of Interest
in these Minutes). The nature of interest was stated by COUNCILLOR MCMURDO on
the Declarations of Interest form as "Uncles own property in Dural
Centre area". RESOLVED ON THE MOTION OF COUNCILLOR Evans, seconded by COUNCILLOR Russell, THAT 1. Council progress exhibition of the Ku-ring-gai and Hornsby
Subregional Employment Study including the addendum attached to Executive Manager’s
Report PLN130/08. 2. The Study be exhibited for a minimum period of two months in
accordance with the consultation strategy identified in Executive Manager’s
Report No. PLN130/08. 3. A briefing for Councillors be conducted during the exhibition
period. 4. At the conclusion of the exhibition period, the Ku-ring-gai
and Hornsby Subregional Employment Study Working Party review submissions and
prepare a report to Council on the exhibition of the Study. Note: This matter was dealt with by the exception
method (refer to Items Passed by
Exception). As a consequence, COUNCILLOR MCMURDO did not have the opportunity
to leave the Council Chambers as she had previously indicated would be her
intention (refer to her Declaration of Interest at the beginning of this
Item). COUNCILLOR MCMURDO'S name has not been recorded in the voting details
below. FOR: Councillors
AGAINST: NIL. |
SUPPLEMENTARY AGENDA
Nil.
CONFIDENTIAL ITEMS
Nil.
QUESTIONS OF WHICH NOTICE HAS
BEEN GIVEN
Nil.
QUESTIONS WITHOUT NOTICE
Nil.
THE MEETING terminated at 11.22pm.
These Minutes were confirmed at the meeting held on 5 November, 2008, at which meeting the signature hereunder was subscribed.
CONFIRMED CHAIRMAN
___________________________________________________________________________