Regular Council Meeting Minutes - WordPress.com€¦ · Domeniki Tsagaris from Acoustic Noise &...

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Kogarah City Council Page 1 Regular Council Meeting Monday, 23 February 2015 Regular Council Meeting Minutes Commenced 7:07pm MONDAY, 23 FEBRUARY 2015 Present: Cr Michael Platt (Mayor), Cr Nick Katris, Cr Lachlan McLean, Cr Stephen Agius, Cr Annie Tang (Deputy Mayor), Cr Sam Stratikopoulos, Cr Kathryn Landsberry, Cr Nathaniel Smith, Cr George Katsabaris and Cr Jacinta Petroni. In Attendance: Paul Woods (General Manager), Evan Hutchings (Director Governance and Corporate Services), Rod Logan (Director Planning and Environmental Services), Andrew Sharp (Director Assets and Services), Cathryn Bush (Manager Governance) and Lynne Denham (Minute Secretary). Note: The recording of the National Anthem at tonight’s meeting was sung beautifully by St Joseph’s Catholic Primary School, Oatley. Note: Reverend Mee Ping Lau – St Paul’s Anglican Church was present and offered prayer prior to the commencement of the meeting. A. Apologies Apologies were received on behalf of Councillor Nick Aroney and Cr Nick Varvaris. 1/2015 Resolved: (Smith/Stratikopoulos) That the apologies be accepted and leave of absence granted. B. Disclosures of Interest G4.2. Proposed Voluntary Planning Agreement for No.’s 12-22 Woniora Road, Hurstville Councillor Nick Katris disclosed a Pecuniary Interest in this item, submitting the following reason: “My office has provided architectural services to the developer and there is a possibility of future business relationship and as a precautionary measure I will not involve myself in any deliberations on the matter.”

Transcript of Regular Council Meeting Minutes - WordPress.com€¦ · Domeniki Tsagaris from Acoustic Noise &...

Page 1: Regular Council Meeting Minutes - WordPress.com€¦ · Domeniki Tsagaris from Acoustic Noise & Vibration Solutions P/L, titled “Acoustic Report – Traffic Noise for proposed development

Kogarah City Council Page 1

Regular Council Meeting Monday, 23 February 2015

Regular Council Meeting

Minutes

Commenced 7:07pm MONDAY, 23 FEBRUARY 2015

Present: Cr Michael Platt (Mayor), Cr Nick Katris, Cr Lachlan McLean,

Cr Stephen Agius, Cr Annie Tang (Deputy Mayor), Cr Sam

Stratikopoulos, Cr Kathryn Landsberry, Cr Nathaniel Smith,

Cr George Katsabaris and Cr Jacinta Petroni.

In Attendance: Paul Woods (General Manager), Evan Hutchings (Director Governance

and Corporate Services), Rod Logan (Director Planning and

Environmental Services), Andrew Sharp (Director Assets and Services),

Cathryn Bush (Manager Governance) and Lynne Denham (Minute

Secretary).

Note: The recording of the National Anthem at tonight’s meeting was sung

beautifully by St Joseph’s Catholic Primary School, Oatley.

Note: Reverend Mee Ping Lau – St Paul’s Anglican Church was present and

offered prayer prior to the commencement of the meeting.

A. Apologies

Apologies were received on behalf of Councillor Nick Aroney and Cr Nick Varvaris.

1/2015 Resolved: (Smith/Stratikopoulos)

That the apologies be accepted and leave of absence granted.

B. Disclosures of Interest

G4.2. Proposed Voluntary Planning Agreement for No.’s 12-22 Woniora Road,

Hurstville

Councillor Nick Katris disclosed a Pecuniary Interest in this item, submitting the

following reason:

“My office has provided architectural services to the developer and there is a

possibility of future business relationship and as a precautionary measure I will

not involve myself in any deliberations on the matter.”

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G1.6. Cultural & Cuisine Festival

Councillor George Katsabaris disclosed a Pecuniary Interest in this item,

submitting the following reason:

“I work for the Federal Member for Barton which is providing support for the

event.”

G4.3. Kogarah Local Environmental Plan – Amendment No. 2 – Exhibition of

Planning Proposal for New City Plan

Special Disclosures of Pecuniary Interest from the following Councillors were

received and tabled:

Councillor Michael Platt (Mayor)

Councillor Nick Katris

Councillor Lachlan McLean

Councillor Stephen Agius

Councillor Annie Tang (Deputy Mayor)

Councillor Sam Stratikopoulos

Councillor Nathaniel Smith

Councillor George Katsabaris

Councillor Jacinta Petroni

C. Adjournment for Public Forum

2/2015 Resolved: (Agius/Smith)

That the meeting adjourn for Public Forum

Note: The following addresses were made in Public Forum.

Carwar Avenue, Carss Park

Mr Ron Handley – (Resident).

Item G4.3 - Kogarah Local Environmental Plan – Amendment No. 2

Exhibition of Planning Proposal for New City Plan

Mr Peter Martyn (Resident).

Mr Tony Soubris (Resident).

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Resumption of Standing Orders

3/2015 Resolved: (Katsabaris/Smith)

That Standing Orders resume.

D. Development Assessment Reports

1. Subject: No. 699 Princes Highway, Blakehurst -

Development Application No. 193/2014 - Demolition

of existing dwelling and construction of thirteen

(13) townhouses and strata subdivision - Mr P

Akkari (Applicant) - Ms A & Mr A & Ms L

Neocleous (Owners) - Middle Ward - Annexure

Author: Rod Logan - Director Planning and Environmental

Services (BL)

Reason for Report: Unresolved objections and non-compliances.

• Present at the meeting were Mr Bruce

Proops (Neighbour) and Mr Zhen

Mashen (Neighbour) who at the

invitation of the Mayor addressed the

Council concerning this item.

4/2015 Resolved: (Smith/Stratikopoulos) a) That Council as the Consent Authority pursuant to Section 80(1)(a)

Environmental Planning and Assessment Act 1979, grant consent to Development Application No. 193/2014 for the demolition of existing dwelling and construction of thirteen (13) townhouses and strata subdivision at No. 699 Princes Highway, Blakehurst subject to conditions, including:

SECTION A – General Conditions The conditions that follow in this Section A of the Notice of Determination are general conditions which are imposed to ensure that the development is carried out in accordance with the development consent. (1) Approved Plans of Consent The development must be implemented in accordance with the approved

plans, specifications and details listed below and any supporting information submitted with the Development Application except as amended by any conditions attached to the Development Consent:

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(i) Architectural plans prepared by Urbana, Project No. 14URB/699PRI, Drawing Nos. DA.02, DA.03, DA.04, DA.05, DA.06, DA.07, DA.08, DA.09, DA.10, DA.11 DA.12, DA.13, DA.14, Issue C, dated November 2014.

(ii) Landscape plans prepared by Urbana, Project No.

14URB/699PRI, Drawing No. DA030, dated by Council 3/2/2015. (iii) Stormwater plans prepared by GEC Consulting Pty Ltd, Job

No.14107, Drawing No.’s SW01, SW02, SW03, Issue C, dated 30/10/2014.

SECTION B – Prior to the Issue of a Construction Certificate Conditions The conditions that follow in this Section B of the Notice of Determination relate to the payment of fees, amendments being made to the proposal, further investigation being undertaken or the preparation of documentation that must be complied with prior to the issue of a Construction Certificate. A copy of the Construction Certificate shall be forwarded to Council prior to commencement of construction where Council is not the certifier who issued the Construction Certificate. (2) Asset & Building Fees

Payment of the following amounts as detailed below:

• Restoration Deposit of $41,610.00

• *Builders Long Service Levy of $14,245.00

• Driveway and Restoration Works Design Inspection Fee of $ 2,080.00

• Asset Inspection Fee of $ 105.00

*Note: The Builders Long Service Levy quoted is based on the market value of the proposed building works and the Levy Rate applicable at the time of assessing the Development Application and may be subject to change prior to payment.

(3) Restoration Deposit

A deposit of $41,610.00 shall be lodged with Council to ensure the completion of the following works to be completed at the applicant's expense

* Construction of new kerb and gutter across all street frontages of

the site. * Construction of new footpath across all street frontages of the site. * All associated road pavement restorations. * Installation of turf as required across all street frontages.

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These works are to be in accordance with plans and specifications to be issued by Council.

(4) Section 94 Index

Section 94 Contributions are to be paid as detailed below in the following condition, and until paid all contributions will be indexed four (4) times a year (on the following dates) to allow for the cost increases: 31 January, 30 April, 31 July and 31 October.

(5) Section 94 Contributions

As at the date of Development Consent the following contributions have been levied on the subject development under Section 94 of the Environmental Planning and Assessment Act, 1979 and the nominated Section 94 Contributions Plans:

No.1 – Roads and Traffic Management – Residential $ 368.10 No.5 – Open Space 2007 $152,906.19 No.9 – Kogarah Libraries – Buildings $ 3,783.00 No.9 – Kogarah Libraries – Books $ 2,697.24 Ramsgate Commercial Centre Contributions Plan $ TOTAL

$159,754.53

Any of the above Section 94 Contributions Plans may be inspected at the Kogarah Council Customer Service Centre, 2 Belgrave Street, Kogarah.

(6) Dilapidation Report

Prior to issue of any construction certificate or commencement of any demolition or earth works on site, the applicant shall submit, for acceptance by the Principal Certifying Authority (PCA), with a copy forwarded to Council where Council is not the PCA, a full dilapidation report on the visible and structural condition of the following properties; (i) All neighbouring buildings likely to be affected by the excavation

as determined by the consulting engineer. The report must be completed by a suitably qualified consulting structural/ geotechnical engineer as determined necessary by that professional based on the excavations for the proposal, the subsoil conditions and any recommendations of a geotechnical report for the site. The report shall have regard to protecting the applicant from spurious claims for structural damage and shall be verified by all stakeholders as far as practicable.”

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Reports relating to properties that refuse access to carry out inspections to complete the dilapidation report, after being given reasonable written notice to request access (at least 14 days) at a reasonable time (8.00am-6.00pm), are not to hold up the release of the Construction Certificate.

(7) Soil and Water Management

A Soil and Water Management Control Plan, incorporating contour levels and prepared in accordance with Environmental Site Management Policy shall be submitted to Council detailing all measures to control soil erosion and sedimentation runoff from the site during excavation and construction activities.

(8) Adaptable Housing Compliance

The proposed development including the two (2) nominated adaptable units shall comply with the adaptable housing provisions of AS4299 – Adaptable Housing and AS1498 – Access and Mobility (Parts 1 and 2). The Adaptable Housing checklist and circulation diagram demonstrating compliance shall be submitted.

(9) Disabled Access

Disabled access shall be provided to the ground floor level of all townhouses from Princes Highway in accordance with the provisions of AS 1428 – Access and Mobility.

(10) Noise from road

To minimise the impact of traffic noise from the adjoining major road on the occupants, the proposed development constructed in accordance with the recommendation of the acoustic report ref No. 2014-350 prepared by Domeniki Tsagaris from Acoustic Noise & Vibration Solutions P/L, titled “Acoustic Report – Traffic Noise for proposed development at No. 699 Princes Highway Blakehurst” submitted on 19 August 2014 as a part of the development application.

(11) Ausgrid Conduits A copy of Ausgrid’s written requirements are to be forwarded to Council with regard to the laying of underground low voltage electricity conduits within the footpath area across the development site. Ausgrid will supply the conduits at no charge, subject to the applicant restoring the footpath after the installation and these provisions are to be put into affect prior to the release of the Occupation Certificate.

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(12) Ausgrid Sub Station

The applicant is to confer with Ausgrid to determine if an electricity distribution substation is required. If so, shall be incorporated within the Construction Certificate and it will be necessary for the final film survey plan to be endorsed with an area having dimensions 5m x 4m over the location of the proposed electricity distribution substation to be dedicated to Council as public roadway, or as otherwise agreed with Ausgrid. Ausgrid’s requirements are to be met prior to release of the occupation certificate.

(13) Clearances to Overhead Mains

If any part of the proposed structure, within 5m of a street frontage, is higher than 3m above footway level, the applicant is to confer with Ausgrid to determine if satisfactory clearances to any existing overhead mains will be affected. If so, the applicant is to make arrangements with Ausgrid for any necessary modification to the electrical network in question.

These works to be at the applicant’s expense and Ausgrid’s requirements are to be met prior to actual construction commencing on site or as agreed with Ausgrid.

(14) Sydney Water (DA Only)

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect any Sydney Water asset’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped.

Please refer to the web site www.sydneywater.com.au for:

• Quick Check agents details - see Building Developing and plumbing then Quick Check; and

• Guidelines for Building Over/Adjacent to Sydney Water Assets - see Building Developing and Plumbing then Building and Renovating or telephone 13 20 92.

(15) Deletion of rear pedestrian access via right of carriageway to Hatfield

Street

No access is permitted to the site via the right of way over No.18 Hatfield Street. Any reference to the use of the rear right of carriageway to Hatfield Street via No.18 Hatfield Street from the site shall be deleted from all plans. The rear fence shall be constructed without any rear access gates and landscaped in the rear northwest corner of the site.

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(16) Construction Management Plan

Prior to the issue of a construction certificate, any demolition or earthworks on the site, the applicant shall submit to Council a construction management plan detailing the following:

- Demonstration that vehicular and pedestrian access along Princes

Highway will be maintained. If not a Road Occupancy Licence is to be obtained from Roads and Maritime Services.

- Location of loading and unloading areas for trucks.

Parking areas for tradesmen and other construction vehicles. (17) Stormwater Connection Approval from Roads and Maritime Services

Stormwater from the site is designed to discharge to the Princes Highway. The applicant shall obtain written approval from the Roads and Maritime Services with regard to this stormwater connection and comply with all their requirements. That approval and all related plans and correspondence are to be provided to Council prior to issuing of a Construction Certificate.

SECTION C – Prior to Commencement of Construction Conditions The conditions that follow in this Section C of the Notice of Determination are specific to the proposed development and must be complied with prior to the commencement of construction on the site. (18) Geotechnical Report

Excavation of the site is to extend only to that area required for building works depicted upon the approved plans. All excess excavated material shall be removed from the site. In this regard, all excavated waste materials shall be disposed of at an approved Waste Depot.

No rock breaking or other machinery for the excavation, drilling, cutting

or removal of rock shall be used on the site prior to the acceptance by the principal certifying authority of the following documentation:

(i) A report by a geotechnical engineer detailing the measures

recommended in undertaking the works so as to prevent damage to any adjoining or nearby buildings.

(ii) The type and size of machinery proposed. (iii) The routes of all trucks to convey material to and from the site.

(19) Detailed Stormwater Plan

The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

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A Stormwater Detailed Plan and supporting information of the proposed on-site stormwater management system including any measures to control quality and quantity of the stormwater runoff discharged from the site are to be submitted. The required details in this Plan and the relevant checklist are presented in Council’s Water Management Policy. The design parameters and the general concept of the proposed on-site stormwater management system are to be the same as documented in the approved Stormwater Concept Plan for the proposed development. Any variation to the approved concept design is required to be justified and supported by appropriate details, calculations and information to allow proper assessment of the revised concept design.

(20) Certification of Detailed Plan

The detailed stormwater plan is to be certified by a Chartered Professional Engineer. A statement, that the stormwater system has been designed in accordance with Council’s Water Management Policy and satisfies the provisions and objectives of that policy, must be included in the Stormwater Detailed Plan.

(21) Rainwater Tank – Required for other than BASIX.

A 10400L rainwater tank (or 800L per dwelling) for rainwater storage and reuse is to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow from the tank is to be directed to the site drainage system. The mains top-up system is to be installed according to Sydney Water’s guidelines entitled Guidelines for rainwater tank on residential properties: Plumbing Requirements April 2003 and its amendment November 2003.

(22) On-Site Detention

A 61.6m3 On-Site Detention system with a Maximum Site Discharge as nominated by RMS is to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow is to be directed to the site drainage system.

(23) Certification by Mechanical Engineer

To ensure that adequate provision is made for ventilation of the building, mechanical and /or natural ventilation shall be provided. These systems shall be designed in accordance with the provisions of:-

a) The Building Code of Australia; b) Australian Standard AS 1668 Part 1 - 1998; c) Australian Standard AS 1668 Part 2 - 2002; d) The Public Health Act 1991; e) The Public Health (Microbial Control) Regulation 2000; f) Australian Standard 3666.1 - 2002;

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g) Australian Standard 3666.2 - 2002; h) Australian Standard 3666.3 - 2000.

Details of all mechanical and /or natural ventilation systems, along with specific certification, provided by an appropriately qualified person, verifying compliance with the abovementioned requirements.

(24) Structural Engineer’s Details

Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns & other structural members. The details are to be submitted to the Principal Certifying Authority for approval prior to construction of the specified works.

A copy shall be forwarded to Council where Council is not the PCA.

(25) Tree Protection

Prior to the commencement of any works on the site the tree protection measures required for the established Tree Protection Zone (TPZ) of the trees to be retained shall be installed in accordance with Section 4 - Australian Standard AS 4970-2009 - Protection of trees on development sites.

Tree Species Location of Tree/Tree No TPZ

Eucalyptus botryiodes

18 Hatfield Street/ Tree 1 2.4 metres

Angophora costata 18 Hatfield Street/ Tree 2 4.8 metres

Olea europa 18 Hatfield Street/ Tree 3 3.0 metres

Acacia floribunda 18 Hatfield Street/ Tree 4 2.0 metres

Corymbia citriodora

18 Hatfield Street/ Tree 5 5.4metres

Pittosporum undalatum

18 Hatfield Street/ Tree 6 3.6 metres

Celtis occidentalis 14 Hatfield Street/ Tree 7 6.0metres

Syagrus romanzoffiana

14 Hatfield Street/ Tree 8 3.6 metres

Olea europa 12A Hatfield Street/ Tree 9 2.0 metres

Jacaranda mimsoiflia

12A Hatfield Street/ Tree 10 3.3 metres

Celtis occidentalis 12A Hatfield Street/ Tree 11 3.6 metres

Angophora costata 699 Princes Highway/ Tree 12 9.0 metres

Grevillea robusta 18A Hatfield Street/ Tree 13 3.6 metres

Unless otherwise specified in AS 4970-2009 a protective fence consisting of 1.8m high fully supported chainmesh shall be erected around the base of the tree. The distance of the fence from the base of each tree is to be in accordance with the TPZ listed below. A layer of organic mulch 100 millimetres thick shall be placed over the protected area and no soil or fill should be placed within the protection area.

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There shall be no services installed within the drip line TPZ of the tree. This fence shall be kept in place during demolition, construction and also have a sign displaying “Tree Protection Zone” attached to the fence, this must also include the name and contact details of the Project Arborist.

(26) Tree Retention – Arborist Report

The trees identified for retention in the Arborist Report prepared by Jacksons Nature Works and dated 6 November and 9 December 2014 and listed below shall be protected in accordance with the above report and the requirements of Section 4 - Australian Standard AS 4970-2009 - Protection of trees on development sites.

(27) Protection of Site – Hoarding

A hoarding or fence must be erected between the work site and the public place if:

• the work involved in the erection or demolition of a building is likely to cause obstruction or inconvenience to pedestrian or vehicular traffic in a public place; or

• if it involves the enclosure of a public place.

If necessary an awning is to be erected which is sufficient to prevent any substance from or in connection with the work from falling into a public place.

Any such hoarding, fence or awning is to be removed when the work has been completed.

If the work site is likely to be hazardous to persons in a public place, it must be kept lit between sunset and sunrise.

(28) Ground Anchors

Should the proposed development require the installation of ground anchors to a road reserve the following must be complied with:

• The appropriate Roads Act 1993 approvals shall be obtained.

• The anchoring is to be de-stressed once no longer required.

• The work is to be clear of all services contained within the public roadway and the required dial before you dig investigations are to be undertaken in relation to any services that may be in the proposed anchor locations.

• Public liability insurances being held by the builder/ developer with a copy being submitted to Council.

• A works-as-executed plan showing the exact location of all anchoring points being submitted to Council upon their installation.

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It is to be noted that if anchoring into adjacent private properties is required any such approval would need to be obtained from the owners of this property.

(29) Driveway

In respect to vehicular access to the proposed development the gutter crossing and driveway are to be reconstructed between the kerb and street alignment to Council’s specifications.

In this regard a separate driveway application is to be lodged with Council for works outside the property boundary. Furthermore the design boundary level is to be received from Council prior to construction of the internal driveway.

(30) Council Infrastructure Inspection

Prior to the commencement of any works an authorised representative of the applicant is to organise and attend a meeting on site with Council’s Infrastructure Compliance Co-ordinator to discuss protection of Council’s infrastructure. To organise this meeting contact Council’s Customer Service Centre on 9330 9400.

(31) Public Liability Insurance

All nominated contractors / applicants carrying out driveway and/or restoration works on Council property must carry public liability insurance with a minimum cover of twenty million dollars ($20,000,000.00). In this regard, prior to commencement of works, the principal contractor is to lodge an “Application for the Construction of Work by Private Contractor” to Council, which includes submitting evidence of their current insurance. The principal contractor must ensure that sub-contractors are also adequately insured.

(32) Soil Erosion Controls

Prior to commencement of any site works, erosion and sediment controls are to be installed in accordance with Environmental Site Management Policy and any approved Soil & Water Management Plan and shall incorporate:

• Measures to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways;

• Controls to prevent tracking of sand, soil, aggregates etc, by vehicles onto adjoining roadways.

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SECTION D – Construction and Operational Conditions The conditions that follow in this Section D of the Notice of Determination are imposed to ensure the development is constructed and operates having regard to relevant legislation and does not unreasonably impact on the amenity of the locality or environment during the construction phase or the operation of the use. (33) Health and Public Nuisance

The use of the premises shall not give rise to an environmental health nuisance to the adjoining or nearby premises and environment. There are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations. The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage other premises.

(34) Inspections - Multi Unit

The following lists of inspections are the MANDATORY CRITICAL STAGE INSPECTIONS that MUST be carried out by the Principal Certifying Authority (PCA).

(a) at the commencement of building works (b) prior to covering waterproofing in any wet areas, for a minimum

of 10% of rooms with wet areas within a building, and (c) prior to covering any stormwater drainage connections, and (d) after the building work has been completed and prior to any

occupation certificate being issued in relation to the building. Certificates from your engineer or subcontractor are NOT acceptable in the first instance for the above inspections. Failure to have your PCA carry out these inspections could result in a delay or refusal to issue an Occupation Certificate.

In addition to the above, it is recommended that the following inspections be carried out for the subject development;

� Erosion Control

� Earthworks/Excavation

� Building setout

� Concrete reinforcement

� Timber and/or steel framework

� Mechanical/Hydraulic work

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� Driveways

� Landscaping

� External Finishes (35) Storage of materials on Public Road

All building materials or waste containers must be stored within the confines of the site. The storage of such building materials, waste containers or equipment associated with the project upon the public roadway, including the pedestrian footway or unpaved verge, is prohibited.

(36) Use of Crane on Public Road

Prior approval must be obtained from Council a minimum of 24 hours before the use on any site of a crane, hoist or similar machinery that will be used to transfer materials across Council’s footpath. This includes cranes that are situated on roadways, footpaths and road reserves.

Any application for approval must be accompanied by the following information:-

• Site sketch indicating the proposed location of the crane, pedestrian controls and traffic controls;

• A copy of current public liability insurance indemnifying Council in the event of an incident;

• A copy of an RTA accredited traffic control plan;

• Proof that the local area command of the NSW Police have been advised of the proposal.

The use of a crane, hoist or similar machinery on any site without prior approval is prohibited.

(37) Building Height - Surveyors Certificate

The proposed building is not to be erected at a height greater than that indicated on the approved plan. A certificate from a Registered Surveyor verifying the correct Reduced Level of the ground floor slab and boundary clearances shall be submitted prior to inspection of the steel reinforcement.

(38) Excavation of Site

Excavation of the site is to extend only to that area required for building works depicted upon the approved plans. All excess excavated material shall be removed from the site. In this regard, all excavated waste materials shall be disposed of at an approved Waste Depot (details are available from Council).

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All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

If the soil conditions require it, retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil shall be provided and adequate provision shall be made for drainage

(39) Storm Water to Kerb

Any stormwater connections to the kerb and gutter are to be in accordance with Kogarah Council's 'Specification for Construction by Private Contractors'.

(40) Redundant Driveway

All existing vehicular crossings adjacent to the subject premises that have become redundant shall be removed and the footway and kerb and gutter reinstated at the developer/applicants expense.

(41) Work within Road Reserve

A Development Consent or any related Construction Certificate does not allow for any form of road or footpath opening to be made external to the subject property boundary. Should such an opening be required a separate approval under S138 of the Road Act 1993 must be granted by Council prior to the commencement of any works within the road reserve. Applications may be made at Council’s Customer Service Centre.

(42) Damage within Road Reserve & Council Assets

The applicant shall bear the cost of restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site. This may include works by Public Utility Authorities in the course of providing services to the site.

(43) Public Utility & Telecommunication Assets

The applicant shall bear the cost of any relocation or modification required to any Public Utility Authority assets including telecommunication lines & cables and restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site.

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(44) Stormwater Drainage

All roof water and surface water from paved or concreted areas being disposed of to the street gutter by means of a sealed pipeline constructed in accordance with AS/NZS 3500.3.2. The line must pass through a silt arrestor pit, a standard design is available within Council’s Water Management Policy.

(45) Garbage Room

The proposed garbage room being provided with the following:-

a) A smooth concrete floor graded and drained to a floor waste connected to the sewer of the Water Board.

b) The walls being cement rendered with the intersection of the walls

and floor being coved to a radius of not less than 25mm. c) The door being close fitting to prevent the access of rats and mice. d) A cold water hose cock being provided for the cleaning of

containers and the room itself. e) Ventilation being provided by means of direct connection to the

outside air to the satisfaction of Council. f) A sign, minimum size 600mm x 600mm, directing residents not to

place recyclables in garbage carts and encouraging residents to recycle. Details of an acceptable wording for the sign are available from Council.

(46) Hours of Construction

Construction may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction is to be carried out at any time on a Sunday or a public holiday.

(47) Restriction on Hours of Excavation (other than single residential

dwelling)

Despite the general hours of construction above,

a) The hours where rock breaking, cutting, hammering and drilling occur shall be limited to 9:00am – 4:00pm on weekdays only.

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b) A noise management plan for the above works, prepared by a suitably qualified acoustical practitioner in accordance with the Interim Noise Construction Guidelines prepared by the Department of Environment & Climate Change NSW, must be submitted to Council prior to commencement of any excavation works.

(48) Provision of Amenities

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every twenty (20) persons or part of twenty (20) persons employed at the site or as specified by Workcover requirements .

• each toilet provided must be a standard flushing toilet and must be connected:

• to a public sewer; or

• if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council; or

• if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

The provision of toilet facilities must be completed before any other work is commenced.

(49) Letter Boxes

Suitable letter box facilities (including Owner's Corporation in the case of strata units) shall be provided in accordance with Australia Post specifications.

(50) Avoid Annoyance from lighting

Any lighting of the premises shall be installed in accordance with Australian Standard AS 4282 – 1997: Control of the Obtrusive Effects of Outdoor Lighting so as to avoid annoyance to the occupants of adjoining premises or glare to motorists on nearby roads. Flashing, moving or intermittent lights or signs are prohibited. The intensity, colour or hours of illumination of the lights shall be varied at Council’s discretion if Council considers there to be adverse effects on the amenity of the area.

(51) Car Wash

To ensure that waste water is treated in an acceptable manner the car wash bay shall be designed and constructed to ensure that waste water is discharged to the sewer in accordance with the requirements of Sydney Water. Evidence of a permit issued by Sydney Water shall be submitted.

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(52) Basix Certificate Details – DA Only

Construction of building works given Development Consent must be carried out in accordance with a valid and current BASIX certificate and all required commitments must be satisfied.

(53) Air Conditioning / Offensive Noise

Air conditioning plant and equipment shall be installed and operated so as to not create an offensive noise as defined under the Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Noise Control) Regulation 2008.

(54) Building Finishes

The building finishes are to be constructed in accordance with the colour board and perspective submitted with the Development Application.

(55) Off Street Parking

A minimum of thirty-eight (38) off street car parking spaces shall be constructed, drained, marked and maintained at all times in accordance with the approved plans. These spaces shall be allocated as follows:

a) Thirty-five (35) spaces are to be allocated to the residential units. b) Three (3) spaces are to be allocated as visitor parking spaces.

(56) Tree Protection - Excavation

Excavations around the trees to be retained on site or the adjoining properties shall be supervised by the Project Arborist to ensure that the root system will not adversely be affected. Where the Tree Protection Zone (TPZ) of trees on site or adjoining sites become compromised by any excavation works, the Project Arborist shall be consulted to establish the position of any major roots and determine the necessary measures to protect these roots. The recommendations of the Arborist shall be submitted to Council prior to any further demolition or construction works taking place. Tree Protection Zone (TPZ) around the trees to be retained are not to have soil level changes or services installed in this area. Any structures proposed to be built in this area of the trees are to utilise pier and beam or cantilevered slab construction.

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(57) Tree Removal

The trees identified in the table below may be removed:

Tree Species Location on Site/Tree No Work Required

Glochidion ferdinandi

699 Princes Highway/ Tree 12 A Removal

Celtis occidentalis

699 Princes Highway/ Tree 12 B Removal

Celtis occidentalis

699 Princes Highway/ Tree 12 C Removal

All tree removals are to be carried out by a certified Tree Surgeon/Arborist to ensure that removal is undertaken in a safe manner and complies with the AS 4373-2007 - Pruning of Amenity Trees) and Tree Works Industry Code of Practice (Work Cover NSW 1.8.98).

No trees are to be removed on the site or neighbouring properties without the prior written approval of Council.

(58) Tree Replacement

Three (3) indigenous canopy trees are to be planted within the subject site and not within 3 metres of any existing or proposed structures. The replacement tree/s should have a minimum pot size of 75 litres.

All replacement trees are to be planted, protected and maintained prior to the issue of the final occupation certificate.

(59) Width of Driveways

The entry and exit driveways to the site shall each have a width of five (5) metres.

(60) No Trees are to Removed, Pruned or Damaged No trees are to be removed, pruned or damaged on site or neighbouring

properties unless there is written approval from Council in accordance with Clause 5.9 of KLEP 2012.

SECTION E – Prior to Occupation or Subdivision Certificate Conditions The conditions that follow in this Section E of the Notice of Determination relate to conditions that ensure that the development is completed in accordance with the requirements of the Development Consent prior to the issue of either an Occupation Certificate or a Subdivision Certificate.

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(61) Adaptable Housing Certification

Certification shall be provided by a person suitably accredited by the Association of Consultants in Access Australia, verifying that the development has been constructed in accordance with the requirements of AS4299 - Adaptable Housing and AS1428 - Design for Access and Mobility and in accordance with the report and checklist submitted with the Construction Certificate.

(62) Completion of Landscaping

Certification shall be provided from a suitably qualified and experienced Landscape Designer or Landscape Architect. This Certification shall verify that the landscape works have been completed in accordance with the approved detailed landscape plan and relevant conditions of this consent.

Note: A Landscape Designer is a person eligible for membership of the

Australian Institute of Landscape Designers and Managers and a Landscape Architect is a person eligible for membership of the Australian Institute of Landscape Architects as a Registered Landscape Architect

(63) Acoustic Validation

A report prepared by accredited Acoustic Consultant shall be submitted to Principle Certifying Authority (PCA) certifying that the development complies with the requirements of the State Environmental Planning Policy (Infrastructure) 2007, acoustic conditions of development consent and recommendations of the acoustic report ref No. 2014-350 prepared by Domeniki Tsagaris from Acoustic Noise & Vibration Solutions P/L, titled “Acoustic Report – Traffic Noise for proposed development at No. 699 Princes Highway Blakehurst” submitted on 19 August 2014. The acoustic report shall include post construction validation test results.

(64) Section 73 Compliance Certificate

A Section 73 Compliance Certificate under the Sydney Water Act, 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to “Water Servicing Coordinator” under “Developing Your Land” or telephone 13 20 92 for assistance.

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Following application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, since building of water / sewer infrastructure can be time consuming and may impact on other services and building, driveway or landscape design.

The Section 73 Certificate must be submitted to the Principal Certifying Authority.

(65) Stormwater Compliance Certificate

A Stormwater Compliance Certificate is to be obtained for the constructed on-site stormwater management systems in conjunction with the works-as-executed drawings and the final inspection. This Certificate is to be signed by an accredited hydraulic engineer (preferably be the original design consultant) and submitted to the Principal Certifying Authority. Copy of the standard Stormwater Compliance Certificate is shown in Council’s Water Management Policy.

If the proposed works involve Council owned stormwater infrastructure (or infrastructure to be owned by Council), then the applicant should organise inspection with Council and pay Council the appropriate inspection fee. Inspection is to be carried out at the following specified stages:

• Prior to backfilling of pipelines trenches.

• Prior to backfilling of drainage connection to pipeline or channels.

• Prior to casting pits and other concrete structures including kerb and gutter, aprons, pathways, vehicular crossings, dish crossings and pathway steps.

(66) Positive Covenant

A Restriction on Use of the land and Positive Covenant shall be created and registered on the title of the property, which places the responsibility for the maintenance of the on-site stormwater management system on the owner of the land. The terms of the instrument are to be generally in accordance with the Council’s standard terms and conditions for Restriction on Use of the land and Positive Covenant shown in Council’s Water Management Policy.

(67) Maintenance Schedule

A Maintenance Schedule for the proposed on-site stormwater management measures is to be prepared and submitted. The Maintenance Schedule shall outline the required maintenance works, how and when these will be done and who will be carrying out these maintenance works.

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(68) Fire Safety Schedule

Certain items of equipment or forms of construction shall be nominated as "fire safety measures" within the building.

Upon completion of works, and before occupation of the building, each of the fire safety measures is required to be certified by an appropriately competent person (chosen by the owner of the building). The certificate is to state that the measure was inspected and found to be designed, installed and capable of operating to a standard not less than that required by the relevant regulations.

Further, it is the responsibility of the owner of the building that each fire safety measure is again inspected and certified as to its condition every twelve (12) months following the submission to Council of the original certification.

(69) BASIX Completion Receipt

In accordance with clause 154C of the Environmental Planning and Assessment Regulation 2000, prior to issuing a final occupation certificate the certifying authority must apply to the Director-General for a BASIX completion receipt.

SECTION F – Prescribed Conditions The following are prescribed conditions of development consent pursuant to s.80A(11) of the Environmental Planning and Assessment Act 1979 and cl.98 of the Environmental Planning and Assessment Regulation 2000. (70) Compliance with the Building Code of Australia

The development must be carried out in accordance with the provisions of the Building Code of Australia.

(71) Insurance Requirements under Home Building Act 1989

The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act, 1989. This means that a contract of insurance must be in force in accordance with Part 6 of that Act before any building work authorised to be carried out by the consent commences.

It is the responsibility of the builder or person who is to do the work to satisfy Council that they have complied with the applicable requirements of Part 6 of the Home Building Act, 1989.

If Council is the Principal Certifying Authority it will not carry out any inspections until a copy of the insurance certificate is received.

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(72) Erection of Signs

A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal

certifying authority for the work, and (b) showing the name of the principal contractor (if any) for any

building work and a telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the work site is prohibited.

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed

(73) Notification of Home Building Act 1989 Requirements

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to

be appointed: (i) the name and licence number of the principal contractor, and (ii) the name of the insurer by which the work is insured under

Part 6 of that Act, (b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder

permit under that Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified above becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

(74) Shoring and Adequacy of Adjoining Property

If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a) protect and support the adjoining premises from possible damage from the excavation, and

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(b) where necessary, underpin the adjoining premises to prevent any such damage.

The above condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

(75) Council Notification of Construction

The erection of a building which is the subject of a Development Consent must not be commenced until:

a) Detailed plans and specifications of the building have been

endorsed with a construction certificate by Council or an accredited certifier.

b) the person having the benefit of the development consent has:

• appointed a Principal Certifying Authority (PCA),and

• notified Council (if Council is not the PCA) in writing of the appointment, and

• given at least two (2) days notice to Council of their intention to commence the erection of the building. The notice may be in writing or by phone.

END CONDITIONS

SECTION H – Advisory Notes (i) Worksite Safety

It is usually the owner/applicant’s responsibility to ensure that the development site is a safe working environment. This may be by the engagement of an appropriately competent principal contractor. There are various legislative and WorkCover requirements with respect to maintaining a safe work-site. Details of these requirements and legislation, as well as, guidance and advisory material, can be found on the WorkCover Website www.workcover.nsw.gov.au.

(ii) Worksite Safety Scaffolding

Council is committed to worksite safety and requiring that all scaffolding is installed by competent and qualified professionals with the relative appropriate standards. The applicable Australian Standards for the scaffolding is AS/NZS1576 in respect of the design of the scaffolding and AS/NZS4576 with respect to the erection of the scaffolding. Also, you should ensure that those erecting scaffolding are appropriately qualified and have the appropriate qualifications to erect scaffolding. For further information regarding this please see www.workcover.nsw.gov.au.

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(iii) Kid Safe NSW

Kidsafe NSW has produced Safer Homes for Children Design and Construction Guidelines for builders, renovators and home owners. The guidelines identify common hazards for children and recommended practical design applications to improve child safety for all areas of the home. Free copies of the Guidelines are available from Council’s Customer Service Centre, or contact Kidsafe on (02) 9845 0890 or their website http://www.kidsafensw.org/homesafety/index.htm for more information.

(iv) Dial Before You Dig

Underground pipes and cables may exist in the area. In your own interest and for safety, telephone 1100 before excavation or erection of structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au.

(v) Discrimination Act

This authorisation does not imply that the proposal complies with Disability Discrimination Act 1992. The Proponent is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act 1992 covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS 1428.1 – Design for Access and Mobility. AS1428 Parts 2, 3 & 4 provides the most comprehensive technical guidance under The Disability Discrimination Act 1992.

(vi) Demolition Waste

Sorting your construction and demolition waste will save you money. For pricing and disposal options for sorted loads of tiles, bricks, timber concrete or asphalt call Waste Service NSW on 1300 651 116.

(vii) Property Address

Property addresses shall be allocated by Council in accordance with the Addressing Standard AS/NZS 4819:2011.

b) That the applicant be advised of their right of appeal to the Land and

Environment Court with regard to Council’s decision in this matter. c) That those who made a submission be advised of Council's decision in this

matter.

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Planning Decision Voting Record Division

For the Motion: Councillors: Platt (Mayor)

Katris

McLean

Agius

Tang (Deputy Mayor)

Stratikopoulos

Landsberry

Smith

Katsabaris

Petroni

As a result of the division the motion was declared carried.

2. Subject: No.'s 20-22 Bembridge Street, Carlton -

Development Application No. 300/2014 - Demolition

of two (2) dwellings and construction of four (4)

storey residential flat building and strata

subdivision - Mr William Karavelas (Applicant) -

Mr N.J. Sarraf (Owner) - East Ward - Annexure

Author: Rod Logan - Director Planning and Environmental

Services (BM)

Reason for Report: Nature of development and objections.

5/2015 Resolved: (Stratikopoulos/McLean) a) That Council as the Consent Authority pursuant to Section 80(1)(a)

Environmental Planning and Assessment Act 1979, grant consent to Development Application No. 300/2014 for the demolition of the existing dwelling and the construction of a four (4) storey residential flat building and strata subdivision at No.’s 20-22 Bembridge Street Carlton:

SECTION A – General Conditions The conditions that follow in this Section A of the Notice of Determination are general conditions which are imposed to ensure that the development is carried out in accordance with the development consent. 1. Approved Plans of Consent

The development must be implemented in accordance with the approved plans, specifications and details listed below and any supporting information submitted with the Development Application except as amended by any conditions attached to the Development Consent:

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(i) Architectural plans Cornerstone Design Plan No CD 1373 DA 02, DA03, DA04, DA05, DA06, DA07, DA08, DA09, DA10 Issue B and received by Council on 29 January 2015

(ii) Landscape plans Zenith Landscape Design Drawing No 13-2682

LO1 and LO2 dated 27 January 2015. (iii) Stormwater plans United Consulting Engineers Drawing No

13MB5720/DO1, DO2, DO3, DO4, DO5 and DO6 Sheets 1 of 6 through to and including 6 of 6.

SECTION B – Prior to the Issue of a Construction Certificate Conditions The conditions that follow in this Section B of the Notice of Determination relate to the payment of fees, amendments being made to the proposal, further investigation being undertaken or the preparation of documentation that must be complied with prior to the issue of a Construction Certificate. A copy of the Construction Certificate shall be forwarded to Council prior to commencement of construction where Council is not the certifier who issued the Construction Certificate. 2. Asset & Building Fees

Payment of the following amounts as detailed below:

• Stormwater Asset Deposit of $30,000.00

• *Builders Long Service Levy of $10,465.00

• Driveway and Restoration Works Design Inspection Fee of $15,300.00

• Asset Inspection Fee of $ 115.00

• Parking Bay Reconstruction & Removal Fee of: $ 4,000.00

*Note: The Builders Long Service Levy quoted is based on the market value of the proposed building works and the Levy Rate applicable at the time of assessing the Development Application and may be subject to change prior to payment.

3. Restoration Deposit

A deposit of $15,300.00 shall be lodged with Council to ensure the completion of the following works to be completed at the applicant's expense

* Construction of new 1.5m footpath across street frontage along

Bembridge Street.

* Installation of turf as required across full street frontage.

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These works are to be in accordance with plans and specifications to be issued by Council.

4. Section 94 Index

Section 94 Contributions are to be paid as detailed below in the following condition, and until paid all contributions will be indexed four (4) times a year (on the following dates) to allow for the cost increases: 31 January, 30 April, 31 July and 31 October.

5. Section 94 Contributions

As at the date of Development Consent the following contributions have been levied on the subject development under Section 94 of the Environmental Planning and Assessment Act, 1979 and the nominated Section 94 Contributions Plans:

No.1 – Roads and Traffic Management – Residential $ 2,436.57 No.5 – Open Space 2007 $137,358.36 No.9 – Kogarah Libraries – Buildings $ 3,477.10 No.9 – Kogarah Libraries – Books $ 2,479.18 TOTAL

$145,751.22

Any of the above Section 94 Contributions Plans may be inspected at the Kogarah Council Customer Service Centre, 2 Belgrave Street, Kogarah.

6. Dilapidation Report

Prior to issue of any construction certificate or commencement of any demolition or earth works on site, the applicant shall submit, for acceptance by the Principal Certifying Authority (PCA), with a copy forwarded to Council where Council is not the PCA, a full dilapidation report on the visible and structural condition of the following properties;

(i) All neighbouring buildings likely to be affected by the excavation

as determined by the consulting engineer.

The report must be completed by a suitably qualified consulting structural/ geotechnical engineer as determined necessary by that professional based on the excavations for the proposal, the subsoil conditions and any recommendations of a geotechnical report for the site. The report shall have regard to protecting the applicant from spurious claims for structural damage and shall be verified by all stakeholders as far as practicable.”

Reports relating to properties that refuse access to carry out inspections to complete the dilapidation report, after being given reasonable written notice to request access (at least 14 days) at a reasonable time (8.00am-6.00pm), are not to hold up the release of the Construction Certificate.

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7. Protection of Stormwater Asset

Protection of the new stormwater asset during construction will be the responsibility of the applicant. Sufficient asset protection measures must be undertaken by the applicant during construction.

A Security Bond of $30,000.00 will be required. A Dilapidation Report will be required prior to the release of the Security Bond to ensure the new asset has not failed as a result of any construction works taken place after the pipe replacement works. The Security Bond may be released twelve (12) months after the completion of the final inspection for the stormwater pipe replacement and upon Council’s satisfaction of the submitted Dilapidation Report.

8. Stormwater Deviation

All costs associated with the proposed deviation of Council's stormwater system are the responsibility of the applicant."

“A detailed survey of the location of all service lines in the vicinity of the Council stormwater pipe deviation works is to be provided. A full scaled long section of the proposed stormwater pipe, indicating the existing levels, design levels of the pipe, lid and invert levels of all pits, location of all stormwater pits and the location and level of all service lines that are in the vicinity of the works. This long section will need to show that the pipe can be installed with adequate clearances pipe will need to be included on the design.” "Council’s records indicate that the Sydney Water sewer main at the rear of the site will need to be lowered to allow for the deviation of Council’s stormwater pipe. This approval is to be forwarded to Council prior to issue of a Construction Certificate. These works are to be carried out in accordance with all requirements of Sydney Water."

The deviation of Council’s stormwater system is to be carried out by a qualified plumber, drainer or civil construction company with a minimum limit of twenty million dollar public and product liability insurance. In this regard, qualification details of the person / company carrying out these works along with a certificate of currency for the product and public liability insurance are to be submitted to Council’s Catchment and Waterways Section prior to the works commencing. Prior to the works commencing the contractor who will be carrying out the works is required to organise and attend an onsite meeting with a representative of Council’s Catchments and Waterways section. Contact phone number (02) 9330 9470.”

"All Inspections of Council's Stormwater system deviation will be required to be undertaken by a Council stormwater engineer. Inspections will be required at the following points in construction:

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From all existing underground service lines. It is noted that there are public utility services within the footpath area, as well as a sewer main running near the rear of the two subject lots that may compromise the design of the proposed stormwater deviation. Accurate location and levels by physically surveying these services at the proposed location of the new stormwater.

a. Completion of laying of new Reinforced Concrete pipes and any associated concrete form work.

b. Completion of backfilling of trenches. c. Prior to casting or installation of pits. d. Completion of excavation and demolition of existing redundant

sections of Council's stormwater pipes. The applicant is to organise all inspections and give a minimum of 24

hours notice for each." 9. Soil and Water Management

A Soil and Water Management Control Plan, incorporating contour levels and prepared in accordance with Environmental Site Management Policy shall be submitted to Council detailing all measures to control soil erosion and sedimentation runoff from the site during excavation and construction activities.

10. SEPP No 65 Certification

A design verification statement from a qualified designer shall be submitted that verifying that the plans and specifications achieve the design quality of the development for which consent was granted having regard to the design quality principles of State Environmental Planning Policy No. 65.

11. Adaptable Housing Compliance

The proposed development including the two nominated adaptable units shall comply with the adaptable housing provisions of AS4299 – Adaptable Housing and AS1498 – Access and Mobility (Parts 1 and 2). The Adaptable Housing checklist and circulation diagram demonstrating compliance shall be submitted.

12. Ausgrid Conduits

A copy of Ausgrid’s written requirements are to be forwarded to Council with regard to the laying of underground low voltage electricity conduits within the footpath area across the development site. Ausgrid will supply the conduits at no charge, subject to the applicant restoring the footpath after the installation and these provisions are to be put into effect prior to the release of the Occupation Certificate.

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13. Ausgrid Sub Station

The applicant is to confer with Ausgrid to determine if an electricity distribution substation is required. If so, shall be incorporated within the Construction Certificate and it will be necessary for the final film survey plan to be endorsed with an area having dimensions 5m x 4m over the location of the proposed electricity distribution substation to be dedicated to Council as public roadway, or as otherwise agreed with Ausgrid. Ausgrid’s requirements are to be met prior to release of the occupation certificate.

14. Clearances to Overhead Mains

If any part of the proposed structure, within 5m of a street frontage, is higher than 3m above footway level, the applicant is to confer with Ausgrid to determine if satisfactory clearances to any existing overhead mains will be affected. If so, the applicant is to make arrangements with Ausgrid for any necessary modification to the electrical network in question.

These works to be at the applicant’s expense and Ausgrid’s requirements are to be met prior to actual construction commencing on site or as agreed with Ausgrid.

15. Sydney Water (DA Only)

The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect any Sydney Water asset’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped.

Please refer to the web site www.sydneywater.com.au for:

• Quick Check agents details - see Building Developing and plumbing then Quick Check; and

• Guidelines for Building Over/Adjacent to Sydney Water Assets - see Building Developing and Plumbing then Building and Renovating or telephone 13 20 92.

SECTION C – Prior to Commencement of Construction Conditions The conditions that follow in this Section C of the Notice of Determination are specific to the proposed development and must be complied with prior to the commencement of construction on the site.

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16. Geotechnical Report

Excavation of the site is to extend only to that area required for building works depicted upon the approved plans. All excess excavated material shall be removed from the site. In this regard, all excavated waste materials shall be disposed of at an approved Waste Depot.

No rock breaking or other machinery for the excavation, drilling, cutting or removal of rock shall be used on the site prior to the acceptance by the principal certifying authority of the following documentation:

(i) A report by a geotechnical engineer detailing the measures

recommended in undertaking the works so as to prevent damage to any adjoining or nearby buildings.

(ii) The type and size of machinery proposed. (iii) The routes of all trucks to convey material to and from the site.

17. Detailed Stormwater Plan

The submitted stormwater plan has been assessed as a concept plan only and no detailed assessment of the design has been undertaken.

A Stormwater Detailed Plan and supporting information of the proposed on-site stormwater management system including any measures to control quality and quantity of the stormwater runoff discharged from the site are to be submitted. The required details in this Plan and the relevant checklist are presented in Council’s Water Management Policy.

• The Stormwater Detailed Plan is to be accompanied with a statement by a qualified Hydraulic Engineer that the proposed deviation has been designed to provide Council's stormwater system with no loss in Hydraulic Capacity.

• The Stormwater Detailed Plan is to be accompanied with detail of the scheduling of the proposed deviation of Council's stormwater system to show that Council's drainage network and its capacity shall be maintained at all times during construction. Site management and staging of the works will be the responsibility of the applicant, and must address all risks involved with working on a live asset. Sufficient water quality and sediment control must be observed during construction.

• With regard to the deviation of Council's Stormwater system:

1. Details of all proposed stormwater pits including their access lids and surrounds are to be submitted for approval by Council.

2. A root barrier is to be installed as recommended by the applicant's arborist for the full extent of the Council stormwater pipe deviation. Installation detail of this is to be provided for approval by Council.

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3. A 3 metre long subsoil drain wrapped in filter fabric sock is to be installed adjacent to the base of all inlet pipes connecting into new and modified pits.

4. The new Council drainage pipeline is to be centrally located within the easement.

5. Typical section of the pipe that shows bedding and backfill details

are to be submitted for approval by Council. The design parameters and the general concept of the proposed on-site stormwater management system are to be the same as documented in the approved Stormwater Concept Plan for the proposed development. Any variation to the approved concept design is required to be justified and supported by appropriate details, calculations and information to allow proper assessment of the revised concept design.

18. Certification of Detailed Plan

The detailed stormwater plan is to be certified by a Chartered Professional Engineer. A statement, that the stormwater system has been designed in accordance with Council’s Water Management Policy and satisfies the provisions and objectives of that policy, must be included in the Stormwater Detailed Plan.

19. Design of structures adjoining drainage easements

Footings, piers and any other load bearing structures in the vicinity of the stormwater asset are to be located so that all loads are transferred below the zone of influence of the stormwater asset or to bed rock. All load bearing structures must be located outside of any drainage easement. The footing schedule must be documented on the Detailed Stormwater plan and certification to this effect shall be provided by an Accredited Certifier.

20. On-Site Detention

A 25.1m3 On-Site Detention system with a Maximum Site Discharge of 16.9 Litres per Second is to be provided in accordance with the Stormwater Concept Plan and associated Design Assessment Report. The overflow is to be directed to the site drainage system.

21. Certification by Mechanical Engineer

To ensure that adequate provision is made for ventilation of the building, mechanical and/or natural ventilation shall be provided. These systems shall be designed in accordance with the provisions of:-

a) The Building Code of Australia; b) Australian Standard AS 1668 Part 1 - 1998; c) Australian Standard AS 1668 Part 2 - 2002; d) The Public Health Act 1991;

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e) The Public Health (Microbial Control) Regulation 2000; f) Australian Standard 3666.1 - 2002; g) Australian Standard 3666.2 - 2002; h) Australian Standard 3666.3 - 2000.

Details of all mechanical and /or natural ventilation systems, along with specific certification, provided by an appropriately qualified person, verifying compliance with the abovementioned requirements.

22. Structural Engineer’s Details

Engineer's details prepared by a practising Structural Engineer being used to construct all reinforced concrete work, structural beams, columns & other structural members. The details are to be submitted to the Principal Certifying Authority for approval prior to construction of the specified works.

A copy shall be forwarded to Council where Council is not the PCA.

23. Tree Protection

Prior to the commencement of any works on the site the tree protection measures required for the established Tree Protection Zone (TPZ) of the trees to be retained shall be installed in accordance with Section 4 - Australian Standard AS 4970-2009 - Protection of trees on development sites.

Unless otherwise specified in AS 4970-2009 a protective fence consisting of 1.8m high fully supported chainmesh shall be erected around the base of the tree. The distance of the fence from the base of each tree is to be in accordance with the TPZ listed below. A layer of organic mulch 100 millimetres thick shall be placed over the protected area and no soil or fill should be placed within the protection area.

There shall be no services installed within the drip line TPZ of the tree. This fence shall be kept in place during demolition, construction and also have a sign displaying “Tree Protection Zone” attached to the fence, this must also include the name and contact details of the Project Arborist.

24. Tree Retention – Arborist Report

The trees identified for retention in the Arborist Report prepared by Jacksons Nature Works and dated 15 June 2013 and listed below shall be protected in accordance with the Arborist Report and the requirements of Section 4 - Australian Standard AS 4970-2009 - Protection of trees on development sites.

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Tree Species Location of Tree/Tree No TPZ

Glochidion ferdinandi : Cheese Tree

24-28 Bembridge Street Carlton / Tree 1(Arborist Report) or Tree 7 (Landscape Plan.

1.8 metres

25. Protection of Site – Hoarding

A hoarding or fence must be erected between the work site and the public place if:

• the work involved in the erection or demolition of a building is likely to cause obstruction or inconvenience to pedestrian or vehicular traffic in a public place; or

• if it involves the enclosure of a public place.

If necessary an awning is to be erected which is sufficient to prevent any substance from or in connection with the work from falling into a public place.

Any such hoarding, fence or awning is to be removed when the work has been completed.

If the work site is likely to be hazardous to persons in a public place, it must be kept lit between sunset and sunrise.

26. Ground Anchors

Should the proposed development require the installation of ground anchors to a road reserve the following must be complied with:

• The appropriate Roads Act 1993 approvals shall be obtained.

• The anchoring is to be de-stressed once no longer required.

• The work is to be clear of all services contained within the public roadway and the required dial before you dig investigations are to be undertaken in relation to any services that may be in the proposed anchor locations.

• Public liability insurances being held by the builder/ developer with a copy being submitted to Council.

• A works-as-executed plan showing the exact location of all anchoring points being submitted to Council upon their installation.

It is to be noted that if anchoring into adjacent private properties is required any such approval would need to be obtained from the owners of this property.

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27. Driveway

In respect to vehicular access to the proposed development the gutter crossing and driveway are to be reconstructed between the kerb and street alignment to Council’s specifications.

In this regard a separate driveway application is to be lodged with Council for works outside the property boundary. Furthermore the design boundary level is to be received from Council prior to construction of the internal driveway.

28. Council Infrastructure Inspection

Prior to the commencement of any works an authorised representative of the applicant is to organise and attend a meeting on site with Council’s Infrastructure Compliance Co-ordinator to discuss protection of Council’s infrastructure. To organise this meeting contact Council’s Customer Service Centre on 9330 9400.

29. Public Liability Insurance

All nominated contractors / applicants carrying out driveway and/or restoration works on Council property must carry public liability insurance with a minimum cover of twenty million dollars ($20,000,000.00). In this regard, prior to commencement of works, the principal contractor is to lodge an “Application for the Construction of Work by Private Contractor” to Council, which includes submitting evidence of their current insurance. The principal contractor must ensure that sub-contractors are also adequately insured.

30. Soil Erosion Controls

Prior to commencement of any site works, erosion and sediment controls are to be installed in accordance with Environmental Site Management Policy and any approved Soil & Water Management Plan and shall incorporate:

• Measures to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways;

• Controls to prevent tracking of sand, soil, aggregates etc., by vehicles onto adjoining roadways.

SECTION D – Construction and Operational Conditions The conditions that follow in this Section D of the Notice of Determination are imposed to ensure the development is constructed and operates having regard to relevant legislation and does not unreasonably impact on the amenity of the locality or environment during the construction phase or the operation of the use.

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31. Inspections - Multi Unit

The following lists of inspections are the MANDATORY CRITICAL STAGE INSPECTIONS that MUST be carried out by the Principal Certifying Authority (PCA).

(a) at the commencement of building works (b) prior to covering waterproofing in any wet areas, for a minimum

of 10% of rooms with wet areas within a building, and (c) prior to covering any stormwater drainage connections, and (d) after the building work has been completed and prior to any

occupation certificate being issued in relation to the building.

Certificates from your engineer or subcontractor are NOT acceptable in the first instance for the above inspections. Failure to have your PCA carry out these inspections could result in a delay or refusal to issue an Occupation Certificate.

In addition to the above, it is recommended that the following inspections be carried out for the subject development;

� Erosion Control

� Earthworks/Excavation

� Building setout

� Concrete reinforcement

� Timber and/or steel framework

� Mechanical/Hydraulic work

� Driveways

� Landscaping

� External Finishes 32. Paved Parking Bays

As a result of the proposed new driveway location, the exiting parking bay located outside of No. 18 Bembridge St is to be extended 0.7m in order to allow the existing parking bay to extend to the new driveway location. The new driveway location will also result in part of the existing parking bay in front of No. 20 Bembridge St to be removed. In light of the the existing driveway outside of No. 22 Bembridge being made redundant and the trees being removed, the existing parking bay outside of No. 20 Bembridge St is to be extended 5.5m so that it matches and meets the existing parking bay outside of No. 22 Bembridge St creating an additional parking spot. The paved parking bays bricks are to be removed by Council with all associated costs to be borne by the applicant (Estimated cost $4,000.00).

33. Council permits

All required Council permits and applications are to be lodged and approved prior to any works commencing on the Council road or footway.

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34. Storage of materials on Public Road

All building materials or waste containers must be stored within the confines of the site. The storage of such building materials, waste containers or equipment associated with the project upon the public roadway, including the pedestrian footway or unpaved verge, is prohibited.

35. Use of Crane on Public Road

Prior approval must be obtained from Council a minimum of 24 hours before the use on any site of a crane, hoist or similar machinery that will be used to transfer materials across Council’s footpath. This includes cranes that are situated on roadways, footpaths and road reserves.

Any application for approval must be accompanied by the following information:-

• Site sketch indicating the proposed location of the crane, pedestrian controls and traffic controls;

• A copy of current public liability insurance indemnifying Council in the event of an incident;

• A copy of an RTA accredited traffic control plan;

• Proof that the local area command of the NSW Police have been advised of the proposal.

The use of a crane, hoist or similar machinery on any site without prior approval is prohibited.

36. Building Height - Surveyors Certificate

The proposed building is not to be erected at a height greater than that indicated on the approved plan. A certificate from a Registered Surveyor verifying the correct Reduced Level of the ground floor slab and boundary clearances shall be submitted prior to inspection of the steel reinforcement.

37. Excavation of Site

Excavation of the site is to extend only to that area required for building works depicted upon the approved plans. All excess excavated material shall be removed from the site. In this regard, all excavated waste materials shall be disposed of at an approved Waste Depot (details are available from Council).

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

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All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

If the soil conditions require it, retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil shall be provided and adequate provision shall be made for drainage

38. Storm Water to Kerb

Any stormwater connections to the kerb and gutter are to be in accordance with Kogarah Council's 'Specification for Construction by Private Contractors'.

39. Redundant Driveway

All existing vehicular crossings adjacent to the subject premises that have become redundant shall be removed and the footway and kerb and gutter reinstated at the developer/applicants expense.

40. Work within Road Reserve

A Development Consent or any related Construction Certificate does not allow for any form of road or footpath opening to be made external to the subject property boundary. Should such an opening be required a separate approval under S138 of the Road Act 1993 must be granted by Council prior to the commencement of any works within the road reserve. Applications may be made at Council’s Customer Service Centre.

41. Damage within Road Reserve & Council Assets

The applicant shall bear the cost of restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site. This may include works by Public Utility Authorities in the course of providing services to the site.

42. Public Utility & Telecommunication Assets

The applicant shall bear the cost of any relocation or modification required to any Public Utility Authority assets including telecommunication lines & cables and restoring any footpath, roadway and any other Council assets damaged due to works at, near or associated with the site.

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43. Stormwater Drainage

All roof water and surface water from paved or concreted areas being disposed of to the street gutter by means of a sealed pipeline constructed in accordance with AS/NZS 3500.3.2. The line must pass through a silt arrestor pit, a standard design is available within Council’s Water Management Policy.

44. Garbage Room

The proposed garbage room being provided with the following:-

a) A smooth concrete floor graded and drained to a floor waste connected to the sewer of the Water Board.

b) The walls being cement rendered with the intersection of the walls and

floor being coved to a radius of not less than 25mm. c) The door being close fitting to prevent the access of rats and mice. d) A cold water hose cock being provided for the cleaning of containers

and the room itself. e) Ventilation being provided by means of direct connection to the outside

air to the satisfaction of Council. f) A sign, minimum size 600mm x 600mm, directing residents not to place

recyclables in garbage carts and encouraging residents to recycle. Details of an acceptable wording for the sign are available from Council.

45. Hours of Construction

Construction may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction is to be carried out at any time on a Sunday or a public holiday.

46. Restriction on Hours of Excavation (other than single residential dwelling)

Despite the general hours of construction above,

a) The hours where rock breaking, cutting, hammering and drilling occur shall be limited to 9:00am – 4:00pm on weekdays only.

b) A noise management plan for the above works, prepared by a suitably

qualified acoustical practitioner in accordance with the Interim Noise Construction Guidelines prepared by the Department of Environment & Climate Change NSW, must be submitted to Council prior to commencement of any excavation works.

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47. Provision of Amenities

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every twenty (20) persons or part of twenty (20) persons employed at the site or as specified by Workcover requirements .

• each toilet provided must be a standard flushing toilet and must be connected:

• to a public sewer; or

• if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council; or

• if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.

The provision of toilet facilities must be completed before any other work is commenced.

48. Letter Boxes

Suitable letter box facilities (including Owner's Corporation in the case of strata units) shall be provided in accordance with Australia Post specifications.

49. Oil/Silt Separator

An oil/silt separator sized to the catchment area must be specified on the Stormwater Detailed Plans and located downstream of the proposed basement car park and prior to discharge to councils stormwater system.

50. Car Wash

To ensure that waste water is treated in an acceptable manner the car wash bay shall be designed and constructed to ensure that waste water is discharged to the sewer in accordance with the requirements of Sydney Water. Evidence of a permit issued by Sydney Water shall be submitted.

51. Basix Certificate Details – DA Only

Construction of building works given Development Consent must be carried out in accordance with a valid and current BASIX certificate and all required commitments must be satisfied.

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52. air Conditioning / Offensive Noise

Air conditioning plant and equipment shall be installed and operated so as to not create an offensive noise as defined under the Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Noise Control) Regulation 2008.

53. Building Finishes

The building finishes are to be constructed in accordance with the colour board and perspective submitted with the Development.

54. Off Street Parking

A minimum of eighteen (18) off street car parking spaces shall be constructed, drained, marked and maintained at all times in accordance with the approved plans. These spaces shall be allocated as follows:

a) Sixteen (16) are to be allocated to the residential units. b) Two (2) are to be allocated as visitor parking spaces.

55. Residential Car Parking Spaces

A minimum of one (1) unrestricted car parking space shall be allocated to each residential unit.

56. Visitor Parking

A directional sign shall be provided at the front of the site indicating the availability of visitor and/or customer parking on site. Those visitor and/or customer spaces shall be marked or signposted.

57. Tree Protection - Excavation

Excavations around the trees to be retained on site or the adjoining properties shall be supervised by the Project Arborist to ensure that the root system will not adversely be affected.

Where the Tree Protection Zone (TPZ) of trees on site or adjoining sites become compromised by any excavation works, the Project Arborist shall be consulted to establish the position of any major roots and determine the necessary measures to protect these roots. The recommendations of the Arborist shall be submitted to Council prior to any further demolition or construction works taking place.

Tree Protection Zone (TPZ) around the trees to be retained are not to have soil level changes or services installed in this area. Any structures proposed to be built in this area of the trees are to utilise pier and beam or cantilevered slab construction.

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58. Tree Retention

The trees identified in the table below shall be retained and not damaged, pruned or removed without the prior approval of Council. These trees shall be protected in accordance with the requirements of Section 4 - Australian Standard AS 4970-2009 - Protection of trees on development sites.

Tree Species Location of Tree/Tree No TPZ

Callistomen viminalis: Bottle Brush

Street tree/ Tree 1 2.4 metres

Glochidion ferdinandi : Cheese Tree

24-28 Bembridge Street/Tree 7

1.8 metres

Glochidion ferdinandi : Cheese Tree

24-28 Bembridge Street/ Tree 8

1.2 metres

59. Tree Removal

The trees identified in the table below may be removed:

Tree Species Location on Site/Tree No Work Required

Cinnamomum camphora : Camphour laurel

20-22 Bembridge Street/ Tree 4

Removal

Morus nigra: Mullberry

20-22 Bembridge Street/ Tree 5

Removal

Ligustrum lucidium : Privet

20-22 Bembridge Street/ Tree 6

Removal

Syagrus romanzoffianum Cocos palm

20-22 Bembridge Street/ Tree 9

Removal

Syagrus romanzoffianum Cocos palm

20-22 Bembridge Street/ Tree 10

Removal

Cupressus sp: Golden Cypress

20-22 Bembridge Street/ Tree 11

Removal

Lagerstromeia indica: Crepe Myrtle

20-22 Bembridge Street/ Tree 12

Removal

All tree removals are to be carried out by a certified Tree Surgeon/Arborist to ensure that removal is undertaken in a safe manner and complies with the AS 4373-2007 - Pruning of Amenity Trees) and Tree Works Industry Code of Practice (Work Cover NSW 1.8.98).

No trees are to be removed on the site or neighbouring properties without the prior written approval of Council.

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60. Street Tree Removal & Replacement

The street trees Callistomen viminalis: Bottle Brush (Tree2) and Callistomen viminalis: Bottle Brush (Tree3) located on council’s nature shall be removed to accommodate the driveway proposal and an appropriate replacement tree/s provide. The following conditions will apply:

a) All cost associated with the removal of the tree/s and the planting of

replacement shall be met by the applicant/owner and paid to council. b) Kogarah City council works shall undertake all works associated with

the removal of the subject tree/s and the replanting of the replacement tree/s.

The replacement trees are required to be planted prior to the final building inspection/occupation.

SECTION E – Prior to Occupation or Subdivision Certificate Conditions

The conditions that follow in this Section E of the Notice of Determination relate to conditions that ensure that the development is completed in accordance with the requirements of the Development Consent prior to the issue of either an Occupation Certificate or a Subdivision Certificate. 61. Adaptable Housing Certification

Certification shall be provided by a person suitably accredited by the Association of Consultants in Access Australia, verifying that the development has been constructed in accordance with the requirements of AS4299 - Adaptable Housing and AS1428 - Design for Access and Mobility and in accordance with the report and checklist submitted with the Construction Certificate.

62. SEPP No. 65 Certification

A design verification statement from a qualified designer shall be submitted verifying that the development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principals of State Environmental Planning Policy No. 65.

63. Completion of Landscaping

Certification shall be provided from a suitably qualified and experienced Landscape Designer or Landscape Architect. This Certification shall verify that the landscape works have been completed in accordance with the approved detailed landscape plan and relevant conditions of this consent.

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Note: A Landscape Designer is a person eligible for membership of the Australian Institute of Landscape Designers and Managers and a Landscape Architect is a person eligible for membership of the Australian Institute of Landscape Architects as a Registered Landscape Architect

64. Consolidation of Lots

The lots covered by this development consent shall be consolidated into one lot and proof of registration of the consolidation shall be submitted to Council.

65. Section 73 Compliance Certificate

A Section 73 Compliance Certificate under the Sydney Water Act, 1994 must be obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to “Water Servicing Coordinator” under “Developing Your Land” or telephone 13 20 92 for assistance.

Following application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, since building of water / sewer infrastructure can be time consuming and may impact on other services and building, driveway or landscape design.

The Section 73 Certificate must be submitted to the Principal Certifying Authority.

66. Stormwater Compliance Certificate

A Stormwater Compliance Certificate is to be obtained for the constructed on-site stormwater management systems in conjunction with the works-as-executed drawings and the final inspection. This Certificate is to be signed by an accredited hydraulic engineer (preferably be the original design consultant) and submitted to the Principal Certifying Authority. Copy of the standard Stormwater Compliance Certificate is shown in Council’s Water Management Policy.

If the proposed works involve Council owned stormwater infrastructure (or infrastructure to be owned by Council), then the applicant should organise inspection with Council and pay Council the appropriate inspection fee. Inspection is to be carried out at the following specified stages:

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• Prior to backfilling of pipelines trenches.

• Prior to backfilling of drainage connection to pipeline or channels.

• Prior to casting pits and other concrete structures including kerb and gutter, aprons, pathways, vehicular crossings, dish crossings and pathway steps.

67. Positive Covenant

A Restriction on Use of the land and Positive Covenant shall be created and registered on the title of the property, which places the responsibility for the maintenance of the on-site stormwater management system on the owner of the land. The terms of the instrument are to be generally in accordance with the Council’s standard terms and conditions for Restriction on Use of the land and Positive Covenant shown in Council’s Water Management Policy.

68. Maintenance Schedule

A Maintenance Schedule for the proposed on-site stormwater management measures is to be prepared and submitted. The Maintenance Schedule shall outline the required maintenance works, how and when these will be done and who will be carrying out these maintenance works.

69. Works as Executed

A Works As Executed plan of Council's Stormwater system deviation as constructed including all levels will be required to be submitted to Council prior to the release of a Subdivision certificate.

70. Drainage Easement

A drainage easement 2.5 metres wide is to be granted in favour of Council over the newly constructed Council owned drainage pipeline within the lot(s) subject to this development consent. The pipeline shall be centrally aligned within the easements. The alignment of such easements shall be in accordance with the Stormwater Detailed Plan prepared and approved by Council or an accredited certifier. All costs including surveying and legal costs are to be borne by the applicant.

71. Fire Safety Schedule

Certain items of equipment or forms of construction shall be nominated as "fire safety measures" within the building.

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Upon completion of works, and before occupation of the building, each of the fire safety measures is required to be certified by an appropriately competent person (chosen by the owner of the building). The certificate is to state that the measure was inspected and found to be designed, installed and capable of operating to a standard not less than that required by the relevant regulations.

Further, it is the responsibility of the owner of the building that each fire safety measure is again inspected and certified as to its condition every twelve (12) months following the submission to Council of the original certification.

72. BASIX Completion Receipt

In accordance with clause 154C of the Environmental Planning and Assessment Regulation 2000, prior to issuing a final occupation certificate the certifying authority must apply to the Director-General for a BASIX completion receipt.

SECTION F – Prescribed Conditions The following are prescribed conditions of development consent pursuant to s.80A(11) of the Environmental Planning and Assessment Act 1979 and cl.98 of the Environmental Planning and Assessment Regulation 2000. 73. Compliance with the Building Code of Australia

The development must be carried out in accordance with the provisions of the Building Code of Australia.

74. Insurance Requirements under Home Building Act 1989

The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act, 1989. This means that a contract of insurance must be in force in accordance with Part 6 of that Act before any building work authorised to be carried out by the consent commences.

It is the responsibility of the builder or person who is to do the work to satisfy Council that they have complied with the applicable requirements of Part 6 of the Home Building Act, 1989.

If Council is the Principal Certifying Authority it will not carry out any inspections until a copy of the insurance certificate is received.

75. Erection of Signs

A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

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(a) showing the name, address and telephone number of the principal certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the work site is prohibited.

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed

76. Notification of Home Building Act 1989 Requirements

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be appointed: (i) the name and licence number of the principal contractor, and (ii) the name of the insurer by which the work is insured under Part 6

of that Act, (b) in the case of work to be done by an owner-builder:

(i) the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit

under that Act, the number of the owner-builder permit. If arrangements for doing the residential building work are changed while the work is in progress so that the information notified above becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

77. Shoring and Adequacy of Adjoining Property

If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a) protect and support the adjoining premises from possible damage from the excavation, and

(b) where necessary, underpin the adjoining premises to prevent any

such damage. The above condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

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78. Council Notification of Construction

The erection of a building which is the subject of a Development Consent must not be commenced until:

a) Detailed plans and specifications of the building have been endorsed

with a construction certificate by Council or an accredited certifier. b) the person having the benefit of the development consent has:

• appointed a Principal Certifying Authority (PCA),and

• notified Council (if Council is not the PCA) in writing of the appointment, and

• given at least two (2) days notice to Council of their intention to commence the erection of the building. The notice may be in writing or by phone.

END CONDITIONS

SECTION H – Advisory Notes

(i) Worksite Safety

It is usually the owner/applicant’s responsibility to ensure that the development site is a safe working environment. This may be by the engagement of an appropriately competent principal contractor. There are various legislative and WorkCover requirements with respect to maintaining a safe work-site. Details of these requirements and legislation, as well as, guidance and advisory material, can be found on the WorkCover Website www.workcover.nsw.gov.au.

(ii) Worksite Safety Scaffolding

Council is committed to worksite safety and requiring that all scaffolding is installed by competent and qualified professionals with the relative appropriate standards. The applicable Australian Standards for the scaffolding is AS/NZS1576 in respect of the design of the scaffolding and AS/NZS4576 with respect to the erection of the scaffolding. Also, you should ensure that those erecting scaffolding are appropriately qualified and have the appropriate qualifications to erect scaffolding. For further information regarding this please see www.workcover.nsw.gov.au.

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(iii) Kid Safe NSW

Kidsafe NSW has produced Safer Homes for Children Design and Construction Guidelines for builders, renovators and home owners. The guidelines identify common hazards for children and recommended practical design applications to improve child safety for all areas of the home. Free copies of the Guidelines are available from Council’s Customer Service Centre, or contact Kidsafe on (02) 9845 0890 or their website http://www.kidsafensw.org/homesafety/index.htm for more information.

(iv) Dial Before You Dig

Underground pipes and cables may exist in the area. In your own interest and for safety, telephone 1100 before excavation or erection of structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au.

(v) Discrimination Act

This authorisation does not imply that the proposal complies with Disability Discrimination Act 1992. The Proponent is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act 1992 covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS 1428.1 – Design for Access and Mobility. AS1428 Parts 2, 3 & 4 provides the most comprehensive technical guidance under The Disability Discrimination Act 1992.

(vi) Demolition Waste

Sorting your construction and demolition waste will save you money. For pricing and disposal options for sorted loads of tiles, bricks, timber concrete or asphalt call Waste Service NSW on 1300 651 116.

(vii) Property Address

Property addresses shall be allocated by Council in accordance with the Addressing Standard AS/NZS 4819:2011.

b) That the applicant be advised of their right of appeal to the Land and

Environment Court with regard to Council’s decision in this matter. c) That those who made a submission be advised of Council's decision in this

matter.

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Planning Decision Voting Record Division

For the Motion: Councillors: Platt (Mayor)

Katris

McLean

Agius

Tang (Deputy Mayor)

Stratikopoulos

Landsberry

Smith

Katsabaris

Petroni

As a result of the division the motion was declared carried.

E. Confirmation of Minutes

6/2015 Resolved: (Agius/Landsberry)

That the Minutes of the Regular Council Meeting held on 8 December 2014 be confirmed.

F. Mayoral Reports

1. Subject: New South Wales Government's Local Government

Reform Program - 'Fit For The Future'

Author: Councillor Michael Platt - Mayor

Reason for Report: To provide an update on the New South Wales

Government's Local Reform Program, 'Fit for the

Future'.

7/2015 Resolved: (Platt/Tang) That the update on the New South Wales (NSW) Government’s Local Government Reform Program be received and noted. Speaker for the Motion: Councillor Michael Platt (Mayor).

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2. Subject: Promoting Better Practice Review

Author: Councillor Michael Platt - Mayor

Reason for Report: To table the report of the Office of Local Government

dated January 2015 on the Promoting Better Practice

review conducted in 2014.

8/2015

Resolved: (Platt/Agius) That the report of the Office of Local Government dated January 2015 on the Promoting Better Practice Review conducted in 2014 be tabled and made available on Council’s website. Speakers for the Motion: Councillor Michael Platt (Mayor).

Councillor Nathaniel Smith.

3. Subject: SES Building, Carlton - Roof and Pavement

Upgrade

Author: Councillor Michael Platt - Mayor

Reason for Report: To seek Council support for the allocation of funds for

the replacement of roofing and pavement at the

Kogarah SES Headquarters, Harold Fraser Oval,

Carlton.

9/2015 Resolved: (Platt/Petroni) a) That Council officers seek quotations immediately for the replacement of

the roof of the Control Centre building and replacement of the roof and paving between the Control Centre and the Vehicle Storage Facility at the Kogarah SES Headquarters, Harold Fraser Oval, Carlton.

b) That Council Officers contact Kogarah SES to view any quotations they may already have for the work referred to in (a) above.

c) That the preferred contractor be engaged to undertake the work as a matter of urgency.

Speaker for the Motion: Councillor Michael Platt (Mayor).

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G. Consideration of Working Party and Committee Recommendations

G1. Subject: Adoption of the Minutes of the Community

Development and Access Working Party Meeting of

2 February 2015

10/2015 Resolved: (Katsabaris/McLean) That the Minutes of the Community Development and Access Working Party Meeting held on 2 February 2015 be adopted with the exception of Item G1.6.

G1.1. Subject: Aged and Disability Services Update

Author: Alison Murphy - Executive Manager Community

Services (ADW)

Reason for Report: To provide an update on Aged and Disability projects

and activities.

(Adopted Minute No. 10/2015) That the report on recent and upcoming (December 2014 – March 2015) Aged and Disability projects and activities be received and noted.

G1.2. Subject: International Women's Day

Author: Alison Murphy - Executive Manager Community

Services (NR)

Reason for Report: To provide an update on the activities planned to

celebrate International Women's Day.

(Adopted Minute No. 10/2015) That the report on International Women’s Day be received and noted.

G1.3. Subject: Youth Activities and Projects

Author: Alison Murphy - Executive Manager Community

Services (ADW)

Reason for Report: To provide an update on recent and upcoming youth

activities and projects.

(Adopted Minute No. 10/2015) That the report on recent and upcoming (January 2015 – March 2015) youth activities and projects be received and noted.

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G1.4. Subject: 2015 Life Festival - A Festival of Life in Kogarah

Author: Alison Murphy - Executive Manager Community

Services (NR)

Reason for Report: To advise details of the 2015 Kogarah Life Festival.

(Adopted Minute No. 10/2015) That the report on the 2015 Kogarah Life Festival be received and noted.

G1.5. Subject: Cultural Activities and Projects

Author: Alison Murphy - Executive Manager Community

Services (AL)

Reason for Report: To provide an update on projects and activities

provided under Kogarah City Council's Cultural Plan.

(Adopted Minute No. 10/2015) That the report on recent and upcoming (December 2014 – March 2015) cultural activities and projects be received and noted.

Note: Item G1.6 was recommitted.

G1.6.

Note:

Subject: Cultural & Cuisine Festival

Author: Paul Woods - General Manager (AM)

Reason for Report: To consider a request by the Shunde Association of

Australia to conduct a Cultural & Cuisine Festival in

Kogarah Town Square and Belgrave Street, Kogarah.

Councillor George Katsabaris having disclosed a pecuniary interest in this item

left the Chamber at 8.09pm.

11/2015 Resolved (Landsberry/Smith)

a) That approval be granted to the Shunde Association of Australia to conduct a Cultural and Cuisine Festival in Kogarah Town Square and Belgrave Street, Kogarah on 7 March 2015, subject to:

i) the approval of Kogarah Traffic Committee for associated road closure; and

ii) completion of the related documentation and the provision of evidence of appropriate public liability insurance.

b) That the barricades and road closure signage for the event be supplied by Council.

Note: Councillor George Katsabaris returned to the chamber at 8.10pm.

Note: Item M was recommitted.

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G2. Subject: Adoption of the Minutes of the Traffic Committee

Meeting of 3 February 2015

12/2015 Resolved: (Katris/Landsberry) That the Minutes of the Traffic Committee held on 3 February 2015 be adopted.

G2.1. Subject: 1425 - Progress of Matters Report

Author: Andrew Sharp - Director Assets and Services (PC)

Reason for Report: Monthly update report on Traffic Committee items and

projects.

(Adopted Minute No. 12/2015) That the February 2015 Progress of Matters Report be received and noted.

G2.2. Subject: 2762 - Jubilee Oval Traffic Management Plan 2015 -

UBD 294 F8

Author: Andrew Sharp - Director Assets and Services (PC)

Reason for Report: To seek approval of the Jubilee Oval Traffic

Management Plan for the 2015 National Rugby League

season.

(Adopted Minute No. 12/2015) a) That the “Traffic Management Plan, Jubilee Oval 2015, TLTMP-4367

Rev E” submitted by Traffic Logistics for NRL matches during the 2015 season, be approved.

b) That Traffic Logistics be advised in writing of Council’s decision.

G2.3. Subject: 2763 - Shaw Street, Kogarah - Proposed Linemarking -

UBD 294 H8

Author: Andrew Sharp - Director Assets and Services (PC)

Reason for Report: To consider the installation of linemarking in Shaw

Street, Kogarah.

(Adopted Minute No. 12/2015) a) That a 15m dividing barrier line with yellow Raised Reflective Pavement

Markers (RRPM’s) be installed in Shaw Street, Kogarah at its intersection with Rocky Point Road.

b) That a “Give Way” sign and associated 21m holding line be installed on Shaw Street at its intersection with Rocky Point Road, as shown on plan TC1479 attached to the report.

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G2.4. Subject: 2764 - George Street, South Hurstville - Proposed 'No

Parking' zone - UBD 293 P10

Author: Andrew Sharp - Director Assets and Services (PC)

Reason for Report: To consider the installation of a 'No Parking' zone in

George Street, South Hurstville.

(Adopted Minute No. 12/2015) That a 'No Parking' zone be installed within the cul-de-sac of George Street, as shown on plan TC1476 attached to the report.

G2.5. Subject: 2765 - Targo Road, Ramsgate - Proposed 'Works Zone'

- UBD 294 H13

Author: Andrew Sharp - Director Assets and Services (MT)

Reason for Report: To consider the installation of a 'Works Zone' in Targo

Road, Ramsgate.

(Adopted Minute No. 12/2015) a) That a 12m “Works Zone, 7am – 5pm, Mon – Sat” be installed on the

northern side of Targo Road, Ramsgate, west of its intersection with Rocky Point Road, for a period of twenty four (24) weeks commencing in late December, 2014, as shown on plan L537 attached to the report.

b) That should the 'Works Zone' be required for a period longer than twenty four (24) weeks, authority be delegated to Council’s Director Assets and Services to grant an extension for the operation of the 'Works Zone'.

c) That the parking zone be returned to its current status at the completion of the 'Works Zone' period.

G2.6. Subject: 2767 - Hurstville Road, Oatley - Proposed Sign

Changes - UBD 293 B10.

Author: Andrew Sharp - Director Assets and Services (PC)

Reason for Report: To consider changes to the parking signs in Hurstville

Road, Oatley.

(Adopted Minute No. 12/2015) a) That the existing 'No Parking' zone on the eastern side of Hurstville Road,

south of the one-lane bridge, be extended 7m.

b) That the existing 'No Parking' zone on the eastern side of Hurstville Road, opposite the carpark of the Fitness Centre, be extended 25m, as shown on plan TC1477 attached to the report.

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G2.7. Subject: 2768 - Judd Street, Penshurst - Proposed Linemarking

- UBD 293 E8

Author: Andrew Sharp - Director Assets and Services (MT)

Reason for Report: To consider the installation of linemarking in Judd

Street, Penshurst.

(Adopted Minute No. 12/2015) a) That a 10m dividing barrier line with yellow Raised Reflective Pavement

Markers (RRPM’s) be install in Judd Street, Penshurst at its intersection with Grove Avenue.

b) That a 'Give Way' sign and associated 25m holding line be installed on

Judd Street at the intersection with Grove Avenue, as shown on plan TC1480 attached to the report.

G2.8. Subject: 2769 - Bogie Lane, Hurstville - Proposed Sign

Changes - UBD 293P7

Author: Andrew Sharp - Director Assets and Services (PC)

Reason for Report: To consider changes to the parking signs in Bogie

Lane, Hurstville.

(Adopted Minute No. 12/2015) a) That the existing 10m 'No Stopping' zone on the eastern side of Bogie

Lane, north of First Avenue be extended by 5m.

b) That a 20m 'No Parking' zone be installed on the western side of Bogie Lane, north of First Avenue, as shown on plan TC1478 attached to the report.

G2.9. Subject: 2770 - Targo Road, Ramsgate - Proposed 'No Parking'

zone - UBD 294 H13

Author: Andrew Sharp - Director Assets and Services (PC)

Reason for Report: To consider the installation of a 'No Parking' zone in

Targo Road, Ramsgate.

(Adopted Minute No. 12/2015) That an 8m “No Parking, 4pm Tue – Midday Wed” zone be installed on the southern side of Targo Road, adjacent to No. 8, as shown on plan TC1475 attached to the report.

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G2.10. Subject: 2771 - Belgrave Street, Kogarah - Request for

Temporary Road Closure - UBD 294 G5

Author: Andrew Sharp - Director Assets and Services (PC)

Reason for Report: To consider a request for the temporary closure of

Belgrave Street, Kogarah.

(Adopted Minute No. 12/2015) a) That subject to Council’s approval of the proposed Cultural and Cuisine

Festival, approval be granted for the closure of Belgrave Street, from Post Office Lane to Kensington Street, from 6am until 8pm on Saturday, 7 March 2015, as shown on plan TC1122 attached to the report.

b) That the residents and businesses in Belgrave Street be advised of the closure.

G3. Subject: Adoption of the Minutes of the Governance and

Corporate Services Working Party Meeting of 16

February 2015

13/2015 Resolved: (Stratikopoulos/Smith) That the Minutes of the Governance and Corporate Services Working Party held on 16 February 2015 be adopted.

G3.1. Subject: Audit Committee - Minutes of Meeting 21 November

2014

Author: Evan Hutchings - Director Governance and Corporate

Services

Reason for Report: To review and consider endorsement of the minutes of

the Audit Committee Meeting of 21 November 2014.

(Adopted Minute No. 13/2015) That the minutes of the Audit Committee Meeting of 21 November 2014 be endorsed.

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G3.2. Subject: SSROC Pest Control Tender

Author: Evan Hutchings - Director Governance and Corporate

Services (MG)

Reason for Report: To consider the recommendations of the Southern

Sydney Regional Organisation of Councils (SSROC)

tender evaluation panel for a contract for Pest Control

Services.

(Adopted Minute No. 13/2015) a) That in accordance with the recommendations of the Southern Sydney

Regional Organisation of Councils (SSROC) tender evaluation panel (Confidential report dated 7 November 2014 attached to the report) for Pest Control Services, the tender submissions from the following parties be accepted for a term of three (3) years subject to satisfactory performance as determined by SSROC, with an option to extend the agreement for a further one (1) plus one (1) years:

• Competitive Pest Control Pty Ltd;

• Knock Out Pest Control Pty Ltd; and

• Mr Pesty Pest Control Solutions Pty Ltd.

b) That the General Manager, under his Power of Attorney, be authorised to execute any related documents.

G3.3. Subject: Tree Pruning and Stump Grinding Services

Author: Evan Hutchings - Director Governance and Corporate

Services (MG)

Reason for Report: To seek approval to invite tenders for the provision of

Tree Pruning and Stump Grinding Services.

(Adopted Minute No. 13/2015) a) That in accordance with the Local Government Act 1993 (General

Regulation 2005), tenders be invited for the provision of Tree Pruning and Stump Grinding Services, using the open tendering method.

b) That the term of the contract for the tender referred to in (a) above be for

three (3) years, with two (2), one (1) year options to extend, at Council’s sole discretion.

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G3.4. Subject: Monthly Budget Reviews for November 2014,

December 2014 and January 2015 and Quarterly

Budget Review Statement to 31 December 2014

Author: Evan Hutchings - Director Governance and Corporate

Services (JM)

Reason for Report: To provide an update on the status of the monthly

budget reviews conducted for November 2014,

December 2014 and January 2015 and to provide a

Quarterly Budget Review Statement to 31 December

2014.

(Adopted Minute No. 13/2015) a) That the proposed budget variations described in the report be adopted

with the variations having no net impact on Council. b) That the Quarterly Budget Review Statement be received and noted.

G3.5. Subject: Staff Movements

Author: Paul Woods - General Manager (AH)

Reason for Report: To advise of staff movements from 12 November 2014

to 10 February 2015.

(Adopted Minute No. 13/2015)

That the report on the November 2014 – February 2015 staff movements be received and noted.

G4. Subject: Adoption of the Minutes of the Planning and

Environmental Services Working Party Meeting of

16 February 2015

14/2015 Resolved: (Katris/Smith) That the Minutes of the Planning and Environmental Services Working Party held on 16 February 2015 be adopted with the exception of Items G4.2 and G4.3.

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G4.1. Subject: Overview of the NSW State Government's 'A Plan for

Growing Sydney'

Author: Rod Logan - Director Planning and Environmental

Services (RV)

Reason for Report: To provide Council with an overview of the recently

released 'A Plan for Growing Sydney'.

(Adopted Minute No. 14/2015) That the report on ‘A Plan for Growing Sydney’ (previous Metropolitan Strategy) be received and noted. Planning Decision Voting Record Division

For the Motion: Councillors: Platt (Mayor)

Katris

McLean

Aguis

Tang (Deputy Mayor)

Stratikopoulos

Landsberry

Smith

Katsabaris

Petroni

As a result of the division the motion was declared carried.

G4.2.

Note:

Subject: Proposed Voluntary Planning Agreement for No.'s 12-

22 Woniora Road, Hurstville

Author: Rod Logan - Director Planning and Environmental

Services

Reason for Report: To give consideration to an offer to enter a Voluntary

Planning Agreement for a redevelopment of No.'s 12-

22 Woniora Road, Hurstville.

Councillor Nick Katris having disclosed a pecuniary interest in this item left the

Chamber at 7.48pm.

15/2015 Resolved: (Smith/Agius) (a) That in principle support be granted for preparation of a draft Voluntary

Planning Agreement (VPA) in accordance with the Environmental Planning and Assessment (EP&A) Act 1979 for the redevelopment of No.’s.12-22 Woniora Road, Hurstville, as generally indicated in the submission to Council regarding the proposed height and floorspace ratio for the site as outlined in the report, and which includes the following terms:

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i) The developer is to provide a monetary contribution at a rate of $10,000 per unit to be paid to Council in lieu of section 94 contributions;

ii) Dedication of a strip of land, to be determined by Council’s engineers,

along Greenbank Street for road widening purposes and suitable construction of that facility;

iii) Dedication of 200 square metres of space to Council for community

purposes. This space is to be situated on the first floor with frontage to Greenbank Street and is to be transferred into Council’s ownership as a freehold stratum lot; and

iv) Dedication of fully constructed carpark containing a minimum of 79 car

parking spaces. The carpark is to be transferred into Council’s ownership as a freehold stratum lot.

(b) That the proponent be requested to prepare a draft Voluntary Planning

Agreement (VPA) in accordance with the EP&A Act. The draft VPA is to be prepared in accordance with Council’s Policy on Voluntary Planning Agreements at no cost to Council, and is to include all of the terms listed in (a) above.

Planning Decision Voting Record Division

For the Motion: Councillors: Platt (Mayor)

McLean

Aguis

Tang (Deputy Mayor)

Stratikopoulos

Landsberry

Smith

Katsabaris

Petroni

As a result of the division the motion was declared carried.

Note: Councillor Nick Katris returned to the chamber at 7.49pm.

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G4.3. Subject: Kogarah Local Environmental Plan - Amendment No.

2 - Exhibition of Planning Proposal for New City Plan

Author: Rod Logan - Director Planning and Environmental

Services (RV)

Reason for Report: To seek endorsement to publicly exhibit the Planning

Proposal for the amendment to Kogarah Local

Environmental Plan (LEP) following receipt of the

Gateway Determination from the NSW Department of

Planning and Environment.

16/2015 Resolved: (Katris/Stratikopoulos) a) That the Planning Proposal (Department Ref SI_2014_KOGAR_001_00) to

amend Kogarah Local Environmental Plan (LEP) 2012 be placed on public exhibition in accordance with the requirements of the Gateway Determination dated 15 December 2014 and the revised Engagement Strategy as summarised in the body of the report.

b) That the Planning Proposal be placed on public exhibition for a minimum of 56 days (8 weeks).

c) That the section 149 Planning Certificate be updated to include the relevant notation as outlined in the body of the report.

d) That Council proceed with the reclassification of certain land as listed in paragraph 13 of the report from community to operational and that a public hearing be held in accordance with section 29 of the Local Government Act 1993 and section 57 of the Environmental Planning and Assessment Act 1979 during the public exhibition of the Planning Proposal.

Speaker for the Motion: Councillor Nick Katris.

Planning Decision Voting Record Division

For the Motion: Councillors: Platt (Mayor)

Katris

Agius

Tang (Deputy Mayor)

Stratikopoulos

Landsberry

Smith

Katsabaris

Petroni

Against the Motion: Councillor: McLean

As a result of the division the motion was declared carried.

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H. Notices of Motion of Rescission

There were no Notices of Motion of Rescission.

I. Reports from Officers

1. Subject: Petitions Received

Author: Evan Hutchings - Director Governance and Corporate

Services (CT)

Reason for Report: Council has adopted a policy that a schedule of

petitions received be submitted to each Council

Meeting.

17/2015 Resolved: (Petroni/Tang)

That the schedule of petitions received since the last Council Meeting be received and noted.

2. Subject: Delivery Program 2013 - 2017 - Operational Plan

2014/15 - Half Yearly Review (1 July 2014 - 31

December 2014).

Author: Evan Hutchings - Director Governance and Corporate

Services (CB)

Reason for Report: To provide an update on the progress of the principal

activities detailed in the Operational Plan and Delivery

Program in accordance with reporting requirements

outlined in s404 (5) of the Local Government Act

1993.

18/2015 Resolved: (Petroni/Landsberry) That the Delivery Program 2013-2017 incorporating the Operational Plan 2014/15 (Year 2) half yearly review (1 July – 31 December 2014) be received and noted.

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J. Motions of Which Notice Has Been Given

1. Subject: Pacific Avenue, Penshurst - Christmas Street

Parties

Author: Councillor George Katsabaris

19/2015 Resolved: (Katsabaris/Petroni) That Council officers investigate the feasibility of allowing groups of local residents to host Christmas street parties and that a report be submitted to Council detailing any assistance that Council could provide in facilitating such events, with particular emphasis being given to the insurance and public risk implications.

Speaker for the Motion: Councillor George Katsabaris.

2. Subject: Derby Street Car Park - Directional Signage and

Parking Guidance System

Author: Councillor Stephen Agius

20/2015

Resolved: (Agius/Katsabaris) a) That Council officers:

i) conduct a review of existing directional signage on all approaches to the Derby Street Car Park and identify signage options to increase driver awareness of the car park and improve guidance to it; and

ii) investigate the provision of a Parking Guidance System within the Derby Street Car Park.

b) That a report on the outcomes of (a) above be submitted to a future

Working Party meeting.

Speakers for the Motion: Councillor Stephen Agius.

Councillor Jacinta Petroni.

K. Reports from Council Delegates

There were no reports from Council Delegates.

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L. General Business

Councillor Jacinta Petroni provided an update on the status of the hall on the corner of Oatley

Avenue and Neville Street, Oatley. She advised that she is proud to inform councillors that

the hall has been refurbished and approval has been obtained from the Department of

Education and Communities for Oatley Out of School Hours Care (OOSHC) to operate from

the premises, now known as Oatley Community Hall. Cr Petroni congratulated the Council

staff who facilitated completion of the works within the limited timeframe. She stated that

Council has spent a significant amount of money to refurbish this facility, formerly known as

the 1st Oatley Scout Hall, and that it looks absolutely fantastic. Cr Petroni advised that the

official opening of the hall will be on Wednesday, 4 March 2015 at 4pm.

Councillor Petroni added that Council has already been receiving enquiries from the

community on the availability of the hall for other activities and that, as a multi-purpose

facility, it is a valuable and much needed resource for the Oatley community.

Cr Petroni acknowledged the assistance of Mark Coure M.P., Member for Oatley, who was

involved in expediting the Department’s approval for OOSHC to be able to use the facility as

a before and after school care centre. She added that the service out of this hall will

immediately benefit approximately sixty families in our area and it has been warmly received

by the community. Cr Petroni stated that she has received so much positive feedback from the

community which has been very pleasing.

Councillor Michael Platt (Mayor) congratulated Cr Petroni on the role she played in achieving

this outcome for the community. He added that it was a fantastic effort with Cr Petroni

listening to and appreciating the needs of residents and involving herself to ensure that the

appropriate outcome was achieved.

M. Closed Session

There was no Closed Session.

The meeting closed at 8.10 pm.

Confirmed on __________________ 2015

_________________________ _________________________

Councillor Michael Platt Paul Woods

Mayor General Manager