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BURWOOD COUNCIL MEETINGSMINUTES OF THE MEETING OF THE COUNCIL OF BURWOOD held at the Council Chamber, Suite 1, Level 2, 1-17 Elsie Street, Burwood on Monday, 23 November 2015 commencing at 6.01pm.

ATTENDANCE Councillor Sally DeansCouncillor Tony Doueihi Councillor John Faker (Mayor)Councillor Lesley Furneaux-Cook Councillor George Mannah (Deputy Mayor)Councillor Justin Taunton

Mr M McMahon, General ManagerMr I McCallum, Deputy General Manager Corporate, Governance and CommunityMr B Macdonnell, Deputy General Manager Land, Infrastructure and EnvironmentMr W Armitage, Chief Finance OfficerMr B Mortimer, Manager Organisation DevelopmentMr B Olsen, Manager Building and DevelopmentMs D Luo, Manager Strategic PlanningMs P Viney, Governance Co-ordinator

OPENING OF MEETING BY THE MAYOR

The Mayor opened the meeting with the Acknowledgement of Country and the Council Prayer.

OPEN FORUM

There was no business for this item.

APOLOGIESThat there were no apologies.

DECLARATIONS OF INTEREST

Cr Tony Doueihi declared a less than significant conflict of interest on (Item 115/15) 147-151 Liverpool Road, Burwood - Development Application 76/2014 as both the Architect and Engineer have conducted work for the Councillor.

This is page 1 of the Minutes of the Meeting of Burwood Council held on 23 November 2015

MINUTES OF BURWOOD COUNCIL MEETINGS 23 NOVEMBER 2015

Cr John Faker declared a less than significant conflict of interest on (Item 115/15) 147-151 Liverpool Road, Burwood - Development Application 76/2014 as both the Architect and Engineer have conducted work for the Councillor.

DECLARATIONS OF POLITICAL INTEREST

There were no declarations of political interests by Councillors.

CONFIRMATION OF MINUTES

175/15 RESOLVED (Carried Unanimously)

That the minutes of the meeting of the Council of Burwood held on Monday, 26 October 2015, as circulated, be confirmed and signed as a true record of the proceeding of the meeting.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Tony Doueihi)

ADDRESS BY THE PUBLIC ON AGENDA ITEMS

Name ItemMr Charles RaneriCDR Design Pty Ltd12 Mount Street, Strathfield

Item 114/15 – 1-3 Elizabeth Street, Burwood – DA47/2015 – Alteration and Additions to Levels 2 and 3 of the Existing Building and Change of Use to Boarding House and Serviced Apartments and Provision of Car Parking and Access

Mr Tony JreigeUrban LinkShop 8 – 11, 320A Liverpool Road, Enfield

Item 115/15 – 147-151 Liverpool Road Burwood – Development Application 76/2014 – Demolition of Existing Buildings and Construction of a 6 storey mixed use development comprising 19 apartments (Shop Top Housing), ground Level commercial unit and 2 levels of basement car parking

Mr John Caltabiano19 Sunbeam Avenue Burwood


Mr Serbo Matic34 Sunbeam AvenueBurwood


Mr Colin Bailey9 Lindsay StreetBurwood


Ms Maree Shang1/37 Angelo StreetBurwood


Ms Maree Shang1/37 Angelo StreetBurwood


Mr Prem Madnani Item 114/15 – 1-3 Elizabeth Street, Burwood – DA47/2015 –



301/1-3 Elizabeth StreetBurwood

Alteration and Additions to Levels 2 and 3 of the Existing Building and Change of Use to Boarding House and Serviced Apartments and Provision of Car Parking and Access

GENERAL BUSINESS

(ITEM 114/15) 1-3 ELIZABETH ST BURWOOD - DA 47/2015 - ALTERATION AND ADDITIONS TO LEVELS 2 AND 3 OF THE EXISTING BUILDING AND CHANGE OF USE TO A BOARDING HOUSE AND SERVICED APARTMENTS AND PROVISION OF CAR PARKING AND ACCESS

File No: 15/44360Applicant: Charles Raneri of CDR Design Pty LtdLocation: Nos. 1-3 Elizabeth Street, BurwoodZoning: B4 Mixed Use - Burwood Local Environmental Plan (BLEP)

2012

Proposal

The proposed new development involves:

Basement 1 – allocation of existing car parking spaces to the serviced apartments (4 residents, 1 manager) and provision of 1 new motorcycle parking space for the boarding house.

Ground floor – allocation of 1 existing parking space to the boarding house manager and provision of 1 new motorcycle parking space for the boarding house.

Mezzanine level 1 – provision of bike stands for 6 bikes for boarding house residents.

Level 2 - internal alterations to provide 12 boarding rooms (7 double and 5 single bedrooms); 1 manager’s room (2 persons) and outdoor private open space attached to this room; a lobby and reception area; an office; a communal living room involving construction of additional enclosed floor space; a shared outdoor private open space area; and alterations to the exterior of this level by way of additional fenestration and doorways.

Level 3 – internal alterations to provide 7 “studio apartments” for use as serviced apartments; lobby and reception area; an office; and alterations to the exterior of this level by way of additional fenestration and doorways.

The proposed development is located mainly on the podium levels 2 and 3 of the existing building approved in 2011. The 15 storey building also contains a retail unit at ground level; a commercial unit on the mezzanine level 1; and 11 levels of residential units above the podium levels.

176/15 RESOLVED

1. That the Development Application No. 47/2015 at 1-3 Elizabeth Street, Burwood for alterations and additions to levels 2 and 3 of the existing building and change of use to a boarding house and serviced apartments respectively and provision of parking and access be refused.

2. That the Applicant investigate the option of leasing of the commercial component of their Stratum for activity that is not residential in nature. The



reasons for refusal are as follows:

a. Even though the Affordable Housing SEPP takes precedent the intent of Council’s Burwood Local Environment Plan proposes the maximum FSR for the residential component is 3:1 and this development exceeds that by having a ratio of 3:2.

b. The mixing of the operating short term leases within the residential building could provide a security and a conflict between both users as outlined in the Police Report as well as not being inline the intent of Council’s Burwood Local Environment Plan to provide commercial space close to the Court House.

c. The Applicant has not shown enough evidence that they could lease the space as commercial space suites in the commercial town centre and the vicinity of the Court House.

d. The Development Application does not have adequate Parking for the boarding house component by two spaces.

(Moved Deputy Mayor George Mannah/Seconded Councillor Lesley Furneaux-Cook)

Councillors Deputy Mayor George Mannah/Seconded Councillor Lesley Furneaux-Cook called for a DIVISION.

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

FOR AGAINSTCouncillor Furneaux-Cook Councillor TauntonCouncillor DeansCouncillor FakerCouncillor MannahCouncillor DoueihiTotal (5) Total (1)

COUNCILLOR JUSTIN TAUNTON ABSTAINED FROM VOTING.

COUNCILLOR TONY DOUEIHI LEFT THE MEETING AT 7:08 PM.

COUNCILLOR TONY DOUEIHI RETURNED TO THE MEETING AT 7:11 PM.

(ITEM 115/15) 147-151 LIVERPOOL ROAD, BURWOOD - DEVELOPMENT APPLICATION 76/2014 - DEMOLITION OF EXISTING BUILDINGS AND CONSTRUCTION OF A 6 STOREY MIXED USE DEVELOPMENT COMPRISING 19 APARTMENTS (SHOP TOP HOUSING), GROUND LEVEL COMMERCIAL UNIT AND 2 LEVELS OF BASEMENT CAR PARKING

File No: 15/44777Applicant: Urban Link Pty LtdLocation: Nos. 147-151 Liverpool Road, BurwoodZoning: B2 Local Centre – Burwood Local Environmental Plan 2012

Proposal

The application site comprises three lots. Two lots have frontage to Liverpool Road



and the third is a narrower lot with no road frontage that projects north from the rear of the other two. The allocated street numbers of all three lots are Nos.147 – 151 Liverpool Road.

The proposal is to demolish the existing buildings occupying the entirety of the site and erect development comprising:

On the two lots fronting Liverpool Road:

o Basement 2 containing 15 car parking spaces, storage areas and accesso Basement 1 above containing 11 parking spaces, storage areas and

accesso Ground floor containing 1 commercial premises unit with storage area

fronting Liverpool Road, the residential access foyer and lift (accessed via a walkway to/from Liverpool Road), a communal open space area, 2 commercial parking spaces, garbage facilities for the residential and commercial units, and vehicular access

o Level 1 containing 4 X 1 bedroom and 1 x 2 bedroom apartmentso Levels 2, 3 and 4 each containing 2 x 1 bedroom and 2 x 2 bedroom

apartmentso Levels 5 containing 2 x 2 bedroom apartments

The 19 apartments comprise 9 x 2 bedrooms and 10 x 1 bedrooms units. On the rear lot at the northern end of the site a communal open space area is

provided. Vehicular access to/from the site is via Angelo Avenue using Rights-of-Way over

the rears of four adjoining lots located between the application site and Angelo Street.

Parking provision is five spaces for the commercial floor area and 23 for the apartments (total 28). The basements contain 26 spaces and two are located at ground level.

The design of the development involves a ground level and level 1 podium with 0 m setback to Liverpool Road; and levels 2, 3 and 4 with increased setbacks to Liverpool Road but with encroaching balconies. The ground floor and levels 1-4 have varied setbacks from the western boundary and 0 m setback from the eastern boundary. Level 5 has a smaller floor plate with greater setbacks from all boundaries.

177/15 RESOLVED

That Development Application 76/2014 at 147-151 Liverpool Road, Burwood for demolition of existing buildings and construction of a 6 storey mixed use development comprising 19 residential apartments (shop top housing), commercial floor space and 2 levels of basement car parking be approved subject to the following conditions.

(1) The development is to be carried out in accordance with the following plans and documentation except as amended by other conditions of this consent:

Architectural plans prepared by Urban Link: Drawings 01, 02, 04, 07, 11 (Materials and Finishes), and 12 all Issue K and received on 4 September 2015; and Drawings 03, 05, 06, 08, 09 and 10 all Issue I and received on 28 May 2014.

Landscape Concept Plan by Vision Dynamics received by Council on 4 September 2015: Drawings 14043 DA 1 Revision b.

Engineering plans by United Consulting Engineers Pty Ltd received by



Council on 16 May 2014 being Drawings 14MB5999/D01 (Issue A), D02, D03, D04 (all Issue B).

FEES

(2) The fees and/or bonds shown in the Table of Fees, are to be paid to Council or another approved collection agency (the Long Service Levy Corporation and its agents and an approved insurer under the Home Building Act 1989) and suitable evidence of payment is to be provided to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

TABLE OF FEES

FEES/BONDS TO BE PAID TO COUNCIL OR TO THE NOMINATED BODYPRIOR TO ISSUING A CONSTRUCTION CERTIFICATE

(3) Building and Construction Industry Long Service Corporation Levy $17,860.00. (Payment to be made to Council, the Corporation or its Agent).

(4) If Council is nominated as the Principal Certifying Authority (PCA) an inspection fee is to be paid.

This fee is for 14 inspections at the rate listed in Council’s current Schedule of Fees and Charges. Any additional inspections, including re-inspections, shall be levied and paid to Council upon booking of an appointment at the rate listed in Council’s current Schedule of Fees and Charges (Payment to be made to Council).

(5) Damage Deposit - security deposit against damage occurring to Council's assets (footpath, road, stormwater drainage system, kerb and gutter, etc) during building work $79,900 (Payment to be made to Council as a bond prior to issue of a Construction Certificate and/or commencement of demolition/bulk excavation).

NOTE: This deposit is refundable if no damage occurs.

(6) Construction by the Applicant/Council the stormwater drainage works $51,700 (Payment to be made to Council as a bond).

(7) Section 94A Contribution: $51,030.53 (Payment to be made to Council).

Note: the contribution amount will be adjusted at the time of payment. See Planning Condition 8 for more details.

PLANNING

(8) Implementation of and compliance with the recommendations of the Acoustic Report - Traffic Noise by Acoustic Solutions P/L dated 4 April 2014 received by Council on 16 May 2014.

(9) Compliance with the materials and finishes for west, south and east elevations of the building as shown in Drawing Nos. 11 and 12 Issue K received by Council on 4 September 2015.

(10) Pursuant to Section 94A of the Environmental Planning and Assessment Act



1979 and the Section 94A Contributions Plan for the Burwood Local Government Area (Excluding Burwood Town Centre), the following monetary contribution towards public services and amenities is required:

Contribution Element ContributionA levy of 1% of the cost of carrying out the development, where the cost calculated and agreed by Council is $5,103,053.00

$51,030.53

Index Period July 2015 CPI1 108.3Office Use: T56

The above contribution will be adjusted at the time of payment. Applicants are advised to contact Council for the adjusted amount immediately prior to arranging payment.

The contribution will be adjusted in accordance with the following formula:Contribution (at time of payment) = C x CPI2

CPI1

Where:

the original contributions amount as shown in the development consent;

the Consumer Price Index: All Groups Index for Sydney, for the immediate past quarter (available from the Australian Bureau of Statistics at the time of payment)

the Consumer Price Index: All Groups Index for Sydney, applied at the time of granting the development consent as shown on the development consent.

Note: The minimum payment will not be less than the contribution amount stated on the consent.

The contribution is to be paid to Council, or evidence that payment has been made is to be submitted to the Principal Certifying Authority, prior to the issuing of a Construction Certificate.

Council may accept works in kind or other material public benefits in lieu of the contribution required by this condition subject to and in accordance with the requirements specified in the Section 94A Contributions Plan for the Burwood Local Government Area (Excluding Burwood Town Centre).

Note: Credit cards and personal cheques are not accepted for the payment of Section 94A Contributions in excess of $5,000.

(11) All balcony balustrades shall be constructed of an opaque or translucent materials, rather than clear glass. Balconies are to have a hob on their outer edges, to prevent water dripping along the external edge(s) of the balconies, and are to be adequately drained.

(12) External gas water heaters are to be located in recessed enclosures within external walls and are to be located and are to be located so as to be not visible from a public road or place or adjoining property. Similarly, air conditioning units and plant are to be located so as not to be visible from a



public road or place or adjoining property.

(13) A separate application shall be lodged for any proposed subdivision of the site. Such subdivision shall designate all car parking spaces attached to a lot with the exception of visitor parking which shall be designated as common property. No car parking spaces shall be created as a separate lot. The drainage system for the site including basement pit and pumps and on site detention shall be designated as common property.

(14) Mail boxes shall be provided at right angles to the street on either or both sides of the access walkway, details to be approved prior to the issue of a Construction Certificate.

(15) Clothes drying areas or facilities shall be provided within an area of communal open space or provided within each residential unit. If provided on the balconies of individual units, the drying facilities must be screened from exterior view, and be designed in such a way that they do not detract from the building’s appearance from the public domain.

(16) Dilapidation surveys are to be carried out by a Practicing Structural Engineer, which is to include a full photographic record of the exterior and interior of the buildings at the applicants/owners expense on all premises adjoining the site and the survey is to be submitted to Council and the adjoining land owners prior to the commencement of any works. A further dilapidation survey is also to be carried out and submitted to Council and the adjoining owners prior to the issuing of an Occupation Certificate. The dilapidation surveys shall be dated accordingly.

(17) The security gate at the Liverpool Road pedestrian access for the development, and the doors of the residential apartments foyer, the residential garbage room and to the basement parking levels are to be appropriately security keyed to ensure the personal safety and security of residents of the development. The security gate at the Liverpool Road pedestrian access is to include an intercom system linked to each apartment.

(18) A keyed-alike security gate is to be installed at the northern end of the pedestrian pathway leading to the residential foyer to ensure the safety and security of residents. This security gate will separate the communal open space area from the residential access pathway.

(19) Adequate lighting is required at the security gate at the Liverpool Road pedestrian access for the development, and along the pedestrian pathway leading to the residential foyer to ensure the safety and security of residents.

(20) Provision of storage space in each unit and in the basement is to comply with the recommendations of the Residential Flat Design Code. A schedule shall be submitted to the Principal Certifying Authority demonstrating compliance and approved prior to the issue of a Construction Certificate.

(21) Provision of accessible/adaptable residential apartments and accessible parking spaces is to comply with the applicable Australian Standards as indicated in Section 3.2.19 of the Burwood Development Control Plan 2013.

(22) The windows at the end of the lobby on each level on the western elevation of the building are to be installed with translucent glass.



(22A) The communal open space at the rear of the site shall be provided with suitable child play equipment and such equipment shall be in place prior to the release of an Occupation Certificate for the development.

(22B) CCTV cameras shall be installed at the front of the building so that they can survey the front of the site and the residential entrance from Liverpool Rd. The CCTV system shall provide a quality image that can assist with the detection of crime and be used by the NSW Police in any investigation (preferably a quality digital system). CCTV system footage shall be retained for a period of no less than fourteen days and be available upon request by the NSW Police when required.

(22C) Balconies to the northern elevation of the building shall be provided with suitable privacy screens. The privacy screens shall be mounted on a rail on the balustrade of the balcony and shall be able to slide along the rail.

BUILDING

(23) Fire Resistance Levels of all structural members, including external and internal walls, spandrels, external and internal columns, lift shafts and stair shafts, ventilation, pipe and like shafts, floors and roofs shall comply with the requirements of Specification C1.1 of the Building Code of Australia. Details of the method of achieving this must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(24) All materials used in the building must comply with early fire hazard criteria of Specification C1.10 of the Building Code of Australia.

(25) Prior to the commencement of building work, the following is to be carried out:-

a. Submit to Council a “Notice of Intention to Commence Building Work and Appointment of a Principal Certifying Authority” form. Council's “Notice of Intention to Commence Building Work and Appointment of a Principal Certifying Authority” form is to be used where application is made to Council.

b. Ensure detailed plans and specifications of the building are endorsed with a Construction Certificate by Council or an Accredited Certifier. Council's “Construction Certificate Application” form is to be used where application is made to Council. Copies are available on request.

(Vide Section 81A Environmental Planning & Assessment Act 1979)

(26) A “Section 73 Compliance Certificate” under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Make early application for the certificate, as there may be water and sewer pipes to be built and this can take some time. This can also impact on other services and building, driveway or landscape design.

Application must be made through an authorised Water Servicing Coordinator. For assistance either visit www.sydneywater.com.au > Building and developing > Developing your Land > Water Servicing Coordinator or telephone 13 20 92.

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the issuing of an Occupation Certificate.



(27) Means of egress complying with Section D of the Building Code of Australia. Details of the method of achieving this must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(28) The building being provided with both access and sanitary facilities for people with disabilities. The sanitary facilities are to be provided in accordance with F2.4 of the Building Code of Australia (BCA) and are to comply with the requirements of Clause 10 of AS 1428.1-2009.

Access is to be provided to and within the building so as to comply with all the requirements of Part D3 of the BCA and the relevant provisions of AS 1428.1-2009, in particular:-

a. Access is to be provided from the allotment boundary at the point of entry from a road to the entrance floor.

b. Access is to be provided through the principal public entrance.

c. Suitable identification signs and/or symbols, as well as necessary directional signs, incorporating the symbol for access by disabled people, being provided to comply with Clause 14 of AS 1428.1-2009.

d. Attention is directed to Clause 7 of AS 1428.1-2009 in respect of the clear circulation space required to doorways.

e. Access is to be provided from any car parking space which is required to be provided by D3.5 of the BCA.

f. A car parking space required to be provided by D3.5 of the BCA, is to be identified, on the floor and behind the space, for use by disabled people and a series of signs are to be provided from the driveway entrance to indicate the location of the space.

g. Required stairways complying with the requirements of Clause 9 of AS 1428.1-2009.

h. The step at the front door being reduced to nil at the threshold by the provision of a short ramp (450 mm maximum length and 1:8 maximum gradient) to facilitate access for disabled people.

Details of the method of achieving this must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(29) A Fire Safety Certificate (copies available from Council) is to be given to the Principal Certifying Authority prior to applying for an Occupation Certificate (Interim or Final) and thereafter once in every 12 month period an Annual Fire Safety Statement is to be given to Council. The certificate and statement attest to both the inspection of all essential fire safety measures by a suitably qualified person and to the regular maintenance of the fire safety measures. A copy of the Fire Safety Certificate and the Fire Safety Schedule are to be given to the Commissioner of Fire and Rescue NSW by the building owner and copies of these documents are to be prominently displayed in the building. Similarly copies of Annual Fire Safety Statements are also to be given to the Commissioner and displayed in the building.

(Vide clause 153 & Division 3 of the Environmental Planning & Assessment



Regulation 2000)

(30) Toilet facilities are to be provided at, or in the vicinity of the work site, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided:

a. must be a standard flushing toiletb. must be connected:

(i) to a public sewer, or(ii) to an approved chemical closet facility.

The toilet facilities are to be completed before any other work is commenced.

(31) All building work must be carried out in accordance with the provisions of the Building Code of Australia.

(32) If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:

a. must preserve and protect the building from possible damage, and

b. if necessary, must underpin and support the building in an approved manner, and

c. must, at least 7 days before excavation below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this condition, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

Allotment of land includes a public road and any other public place.

(33) No work being carried out other than between the hours of 7:00am – 5:30pm Monday to Fridays and 7:00am – 1:00pm on Saturdays, with no work at all being carried out on Sundays and Public Holidays.

(34) Hours of work shall be from 7:00am to 5:30pm Mondays to Fridays inclusive, and from 7:00am to 1:00pm Saturdays. No work shall be carried out on Sundays or Public Holidays. The owner/builder shall be responsible for the compliance of this condition by all sub-contractors, including demolishers.

(35) The approved structure shall not be used or occupied unless an Occupation Certificate (being a Final Certificate or an Interim Certificate) as referred to in section 109C(1)(c) of the Environmental Planning & Assessment Act 1979 has been issued.

(Vide Section 109M Environmental Planning & Assessment Act 1979)

(36) The building works are to be inspected during construction by the Principal Certifying Authority or an appropriate Accredited Certifier authorised by the



Principal Certifying Authority at the stages of construction listed in the following schedule. The Principal Certifying Authority must be satisfied that the construction satisfies the standards specified in the Building Code of Australia or in this approval before proceeding beyond the relevant stage of construction.

SCHEDULE OF CONSTRUCTION STAGES REQUIRING INSPECTION

After excavation for, and prior to the pouring of, any footings

Prior to pouring any in-situ reinforced concrete building element

Prior to covering of the framework for any floor, wall, roof or other building element

Prior to covering waterproofing in any wet areas

Prior to covering any stormwater drainage connections

After the building work has been completed and prior to any Occupation Certificate being issued in relation to the building

(37) An application for a Construction Certificate is to be made to Council or an Accredited Certifier. Council's “Construction Certificate Application” form is to be used where application is made to Council. Copies are available upon request. A Construction Certificate must be obtained prior to the commencement of any building work.

(38) Structural Engineer details prepared and certified by a practicing Structural Engineer for all reinforced concrete and structural members being submitted to the Principal Certifying Authority for approval prior to the issuing of a Construction Certificate.

(39) Framed panels or doors enclosing or partially enclosing a shower or bath shall be glazed with "A" or "B" grade safety glazing material in accordance with Australian Standard 1288, Table 4.5, SAA Glass Installation Code (Human Impact Considerations).

(40) Safety glazing complying with B1.4 of the Building Code of Australia must be used in every glazed door or panel that is capable of being mistaken for a doorway or unimpeded path of travel. The glazing must comply with Australian Standard 1288 - Glass in Buildings - Selection and Installation.

Should an alternative method of complying with B1.4 of the Building Code of Australia be proposed, please submit details to the Council for approval prior to installation. Such details are to show compliance with the performance provisions under BP1.3 of the Building Code of Australia.

(40A) Engineering Design – Basement Excavation

The following engineering details or design documentation shall be submitted to the Principal Certifying Authority (Council or Accredited Certifier) prior to the issuing of a Construction Certificate:

a. Documentary evidence prepared by a suitably qualified professional geotechnical engineer that confirms the suitability of the site for the proposed excavation and building, as well as certifying the suitability and



adequacy of the proposed design and construction of the building for the site.

b. A report shall be prepared by a professional engineer prior to the issuing of a Construction Certificate, detailing the proposed methods of excavation, shoring or pile construction including details of vibration emissions and detailing any possible damage which may occur to adjoining or nearby premises due to building and excavation works. Any practices or procedures specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises, are to be fully complied with and incorporated into the plans and specifications for the Construction Certificate.

A copy of the engineer’s report is to be submitted to Council, even if the Council is not the Principal Certifying Authority.

HEALTH

Environmental Management:

(41) An Environmental Management Plan is to be submitted to Council for approval, prior to the commencement of any works, detailing the control and management methods to be implemented in addressing the following issues during the demolition, excavation and construction phases of the project:

Noise and vibration control Dust and odour suppression and control Storm water control and discharge Erosion control Waste storage and recycling control Litter control Construction material storage Truck cleaning methods on site so as to prevent spread of soil and like

materials onto Council’s roadways

(42) A car wash area/bay is to be provided at the basement car park level and be graded and drained to a waste water disposal system in accordance with the requirements of Sydney Water.

(43) Mechanical ventilation and or air conditioning systems and equipment are to be designed and installed in locations that do not cause any noise nuisance or disturbance to nearby residential or commercial premises. Details of the type of equipment locations and any noise attenuation treatment are to be submitted to Council for approval prior to the issue of the Construction Certificate.

(44) The construction of windows/sliders, doors, external walls and roofs are to be comply with the recommendations listed at Part 6 of the Acoustic Report (Ref: 2014-119 dated 4 April 2014) prepared by Acoustic Solutions in order to achieve the required noise reduction targets and levels as specified I AS 3671”Road Traffic Noise Intrusion – Building Siting and Construction’.

(45) A comfort ventilation system is to be provided that complies with the Building Code of Australia and Australian Standard A.S.1668 & A.S.3666 in order to achieve the necessary noise reductions as per the assessment and recommendations of the Acoustic Report (Ref: 2014-119 dated 4 April 2014) prepared by Acoustic Solutions.



Note: The comfort ventilation system is to be designed in accordance with the provisions of Australian Standard A.S. 1668.2 and the Building Code of Australia and be certified by a qualified practising mechanical engineer. (Details to be provided to Council prior to release of Construction Certificate).

(46) Separate development application(s) are to be submitted for the fit out of any part of the premises as a commercial use.

Waste Management:

(47) All garbage shall be stored in the designated garbage area, which includes provision for the storage of all putrescible waste and recyclable material emanating from the premises. Adequate natural or mechanical ventilation is required where bins are stored in an enclosed area and meet fire safety standards in accordance with the Building Code of Australia.

(48) A waste cupboard or other storage area is to be provided within each dwelling which is of sufficient size to hold a single day’s waste and to enable source separation of general waste, recyclables and compostable materials.

(49) Both residential and commercial garbage and recycling storage areas are to be:

a. Supplied with both hot and cold waterb. Paved with impervious floor materialsc. Coved at the intersection of the floor and the wallsd. Graded and drained to a floor waste which is connected to the sewer in

accordance with the requirements of Sydney Watere. Adequately ventilated (mechanically or naturally) so that odour emissions

do not cause offensive odour as defined by the Protection of the Environment Operations Act 1997

f. Fitted with appropriate interventions to meet fire safety standards in accordance with the Building Code of Australia.

(50) Manufactures details and specifications for the installation, fire suppression and health and odour control measures for the garbage chute are to be submitted to Council for approval prior to the issue of the Construction Certificate.

(51) Certification is to be provided by the installer of the chute system prior to the occupation of the building certifying that the chute has been installed in accordance with the manufacturer’s specification.

(52) The garbage chute room at each level is to be of sufficient size to accommodate sufficient mobile bins (MGB’S)/crates to store recyclable material generated over the entire period between collection days.

(53) Suitable signage is to be installed in each level of the chute waste service rooms encouraging the separation of recyclables from the general waste stream.

(54) A Caretaker is to be appointed for the development who will have ongoing responsibility for the proper management of the waste and recycling services.

(55) All waste collections are to be carried out from within the building (not from the kerb side). The caretaker is to wheel the waste and recycling bins to the



nominated bin holding area for collection.

(56) The applicant shall provide to Council a legally drafted agreement at their own expense in the form approved by Council which gives right of access and absolves Council and/or any of its waste collection contractors from any damage or injury that may arise from the onsite collection of waste and recyclables.

(57) The vehicular access to the basement waste storage area is to be designed to allow for access including forward driving and reversing into the collection bay by a fully laden waste and/or recycle collection vehicle.

(58) The building access road and loading dock is to be designed to enable a fully laden waste collection vehicle to be able to access the site and carry out collections within the building.

(59) Residential and commercial waste and recycling collections are to be carried out in a manner and at times which do not cause a noise nuisance to the immediate or nearby residents.

Note: Council reserves the right to issue a direction under the Protection of the Environment Operations Act to address any noise or other nuisance complaints.

(60) Waste and recycling bins shall be kept in a clean and hygienic condition. Bins are to be washed regularly within the garbage storage room with any waste water being discharged to the sewer by way of the grated drain.

(61) Prior to the issue of the Occupation Certificate, the applicant is to arrange with Council’s Environment and Health Section the issue of the appropriate number of garbage and recycling bins and payment of the necessary fees to enable commencement of the waste and recycling service.

ENGINEERING

(62) Stormwater runoff from all roof and paved surfaces shall be collected and discharged by means of a gravity pipe system to:

a. The nearest appropriate Council drainage line

b. Council's drainage system located in corner of Angelo Street and Liverpool Road

(63) A detailed drainage design shall be submitted to the Principal Certifying Authority.

a. The design and calculations shall indicate the details of the proposed method of stormwater disposal and shall be prepared by a competent practicing hydraulic/civil engineer in accordance with Council's Stormwater Management Code.

b. Allowance shall be made for surface runoff from adjacent properties, and to retain existing surface flow path systems through the site. Any redirection or treatment of these flows shall not adversely affect any other property.



c. Overflow paths shall be provided to allow for flows in excess of the capacity of the pipe/drainage system draining the site, as well as from any on-site stormwater detention storage.

d. The design is to be reviewed by Council or an Accredited Certifier - Civil Engineering prior to the issuing of a Construction Certificate.

(64) Details and calculations shall be prepared by a competent practicing Hydraulic/Civil Engineer. They shall include:

a. a catchment plan

b. plans showing proposed and existing floor, ground and pavement levels to Australian Height Datum (AHD).

c. details of pipelines/channels showing calculated flows, velocity, size, materials, grade, invert and surface levels.

d. details and dimensions of pits and drainage structures.

e. hydrologic and hydraulic calculations.

f. details of any services near to or affected by any proposed drainage line.

g. any calculations necessary to demonstrate the functioning of any proposed drainage facility is in accordance with Council's requirements.

h. the depth and location of any existing stormwater pipeline and/or channel being connected to shall be confirmed by the applicant on site. Certification of such is to be provided to Council prior to the release of the construction certificate.

The details and calculations are to be reviewed by Council or an Accredited Certifier - Civil Engineering, prior to the issuing of a Construction Certificate.

(65) On-site stormwater detention storage shall be provided in conjunction with the stormwater disposal system.

a. This storage shall be designed by a competent practicing Hydraulic/Civil Engineer in accordance with Council's Stormwater Management Code and submitted to the Principal Certifying Authority.

b. The design is to be reviewed by Council or an Accredited Certifier - Civil Engineering, prior to the issuing of a Construction Certificate.

(66) The following matters shall apply to the stormwater drainage works listed in the table of Fees.

a. The stormwater drainage works for stormwater connection to Council’s drainage system consists of 375 mm RCP construction together with

3 Nos. of stormwater pits and lintels on Angelo Street.

i) A new Council standard pit and lintel shall be constructed in the street outside the property boundary for the property’s stormwater to connect to. Pipes laid under road surface connecting to



Council’s pit shall be 375mm in diameter reinforced concrete spigot and socket with rubber ring joints.

ii) Long section of the Ø375mm pipeline, cross section of the pipe trench, details of the new pit and connecting pits together with the invert levels, surface levels etc. shall be provided. Minimum 500mm pipe cover shall be maintained under road surface at all times.

iii) The depth and location of all services within the area that would be affected by the construction of the stormwater pipe (i.e. gas, water, sewer, electricity, telephone, traffic lights etc.) shall be confirmed by the applicant on site and are to be included on the design drawings.

iv) Any adjustment required will be at the applicant’s expense. The relevant authority’s written consent for any adjustments or works affecting their services shall be obtained and submitted to the principal Certifying Authority, prior to construction commencing.

The stormwater works described above shall be constructed at applicant’s expense. The applicant shall pay Council a stormwater works bond as listed in the Table of Fees. The bond shall be refunded after completion of the stormwater works described above as per Council’s satisfaction.

(67) The stormwater works on the development property and connection to Council's stormwater system are to be inspected during construction by a competent practicing hydraulic/civil engineer. The inspections are to be carried out at the stages of construction listed in the following schedule. A compliance Certificate verifying that the construction is in accordance with the approved design, this development consent and satisfies the relevant Australian Standard is to be submitted to the Principal Certifying Authority before proceeding beyond the relevant stage of construction.

SCHEDULE OF CONSTRUCTION STAGES REQUIRING INSPECTION

a. Following placement of pipe bedding material. Confirm trench/pipe location, adequacy of depth of cover, bedding material and depth.

b. Following joining of pipes and connection to Council's stormwater system.

c. For on-site detention systems:

(i) Following set out of detention tank/area to confirm area and volume of storage.

(ii) Following placement of weep-holes, orifice and/or weir flow control, outlet screen and overflow provision.

d. Following backfilling. Confirm adequacy of backfilling material and compaction.

(68) Following completion of all drainage works:

a. Works-as-executed plans, prepared and signed by a registered surveyor, shall be prepared. These plans shall include levels and location for all drainage structures and works, buildings (including floor levels) and



finished ground and pavement surface levels. These plans are to be reviewed by the competent practicing hydraulic/civil engineer that inspected the works during construction.

b. The Principal Certifying Authority is to be provided with a Certificate from a competent practicing hydraulic/civil engineer. The Certificate shall state that all stormwater drainage and related work has been constructed in accordance with the approved plans and consent conditions as shown on the work-as-executed plans, prior to the issuing of an Occupation Certificate.

(69) Grated drains shall be provided along the property boundary at the vehicular crossings and are to connect to the internal drainage system.

The Principal Certifying Authority is to be provided with a Certificate from a competent practicing hydraulic/civil engineer. The Certificate shall state that the grated drains have been constructed in accordance with the approved plans and this consent condition as shown on the work-as-executed plans, prior to the issuing of an Occupation Certificate.

(70) A Positive Covenant under section 88E of the Conveyancing Act shall be created on the title of the property(s) detailing the

i) On-site Stormwater Detention systemii) Pump and rising main system

incorporated in the development. The wording of the Instrument shall include but not be limited to the following:

a. The proprietor of the property agrees to be responsible for keeping clear and the maintenance of the facilities consisting of:

i) On-site Stormwater Detention systemii) Pump and rising main system

b. The proprietor agrees to have the facilities inspected annually by a competent practicing Hydraulic/Civil Engineer.

c. The Council shall have the right to enter upon the land referred to above, at all reasonable times to inspect, construct, install, clean repair and maintain in good working order the facilities in or upon the said land; and recover the costs of any such works from the proprietor.

d. The registered proprietor shall indemnify the Council and any adjoining land owners against damage to their land arising from failure of any component of the facilities.

The applicant shall bear all costs associated with the preparation of the 88E Instrument. The wording of the Instrument shall be submitted to, and approved by Council prior to lodgment at the Land and Property Information office. Evidence that the Instrument has been registered at the Land and Property Information office shall be submitted to Council, prior to issuing of an Occupation Certificate.

(71) The pump system is only permitted for the drainage of the basement areas where the finished slab is below the ground level. The following conditions are



to be satisfied:

a. A pump and rising main design shall be submitted to the Principal Certifying Authority and shall satisfy the following conditions:

(i) The holding tank for the pump shall be capable of storing runoff from a one hour, 1 in 100 year ARI storm event.

(ii) The pump system shall consist of two (2) pumps, connected in parallel, with each pump being capable of emptying the holding tank at a rate equal to the lower of the allowable on site detention discharge rate, or the rate of inflow for the one hour duration storm.

(iii) An overflow, flashing light and audible alarm are to be provided, to warn of pump failure.

(iv) Full details of the holding tank, pump type, discharge rate and the delivery line size are to be documented.

(v) Any drainage disposal to the street gutter, from a pump system must have a stilling sump provided at the property line, and connected to the street gutter by a suitable gravity line.

(vi) The capacity of the stilling sump and outlet pump shall be determined and verified by calculations which are to be documented.

b. Pumping system details shall be submitted to Council or an Accredited Certifier - Civil Engineering, prior to the issuing of a Construction Certificate.

c. The applicant shall submit written evidence to the Principal Certifying Authority that a contract has been let for the regular maintenance of the pumping system for a minimum period of 12 months. Information to be submitted to the Principal Certifying Authority prior to issuing of an Occupation Certificate.

(72) All activities and works external to the site, or that affect public roads, are to be carried out in accordance with Council's Policies including but not limited to the Works on Council’s Road Reserve Assets Policy, Rubbish Skips Policy, Work Zone Policy and Temporary Road Closure (Including Standing Plant) Policy.

(73) A road-opening permit shall be obtained for all works carried out on public or Council controlled lands. Restoration of landscaping, roads and paths shall be carried out by Council at the applicant's expense in accordance with Council's Schedule of Fees and Charges. The applicant or any contractors carrying out works in public or Council controlled lands shall have public liability insurance cover to the value of $20 million, and shall provide proof of such cover to the Principal Certifying Authority prior to carrying out the works. Please see Burwood Council’s web site www.burwood.nsw.gov.au - Go to Development/Working on Footpaths or Roadways?/Works on Council Property (Application Form).

(74) Spoil and building materials shall not be placed, stored, thrown or caused to fall on any public roadway or footpath. Waste containers shall be placed in



accordance with Council's Rubbish Skips Policy. Contact Council for a list of approved skip bin suppliers.

(75) The builder is to ensure footpaths and roads affected by construction works are kept safe and prevent any damage to Council property. The builder shall erect and maintain where necessary approved hoardings, barricades, warning signs and night warning lamps to ensure public safety. Pedestrian access across the footpath must be maintained at all times.

(76) The following matters shall apply to the damage deposit listed in the Table of Fees:

a. This deposit is refundable if no damage occurs. Any damage caused will be repaired at Council's restoration rates, at the applicant's expense. All or part of the deposit will be forfeited to cover damage to Council's property during the course of demolition and/or construction.

b. Council will carry out two inspections of the Council's footpath, kerb and gutter, stormwater drainage system and roadway, prior to works commencing and at the completion of all work covered by this consent. Council is aware that damage may be caused by individual contractors that culminate in the damage inspected at Council's final inspection. The applicant is responsible for attributing any part of the damage to their individual contractors. Council will not refund any part of a damage deposit until the completion of the work covered by this consent.

(77) Internal driveway levels shall be designed and constructed to conform with existing footpath and road profiles such that vehicles are not damaged while accessing the property. Council footpath and road profiles will not be altered for this purpose.

(78) The applicant is to have prepared a longitudinal section of the proposed vehicular ramp access, drawn at 1:25 natural scale.

a. The longitudinal section shall be prepared by a competent practicing civil engineer in accordance with AS 2890.1.

b. The design is to be reviewed by Council or an Accredited Certifier - Civil Engineering prior to the issuing of a Construction Certificate.

(79) a. Temporary measures shall be provided during demolition, excavation and/or construction to prevent sediment and polluted waters discharging from the site.

b. An erosion and sediment control plan showing such measures shall be prepared by a competent practicing hydraulic/civil engineer in accordance with Supplement 10 of Council's Stormwater Management Code.

(80) All demolition and excavation materials are to be removed from the site or disposed off site using methods that comply with relevant environmental protection legislation.

(81) Vehicles removing demolished materials from the site shall access and depart from the site through corner of Angelo Street and Liverpool Road. Vehicles involved in removing materials from the site shall be limited to an 8 tonne gross weight per axle.



(82) Property drainage connection to Council’s existing underground pipeline at the corner of Angelo Street and Seale Street shall be indicated on plan.

(83) A new Council standard pit and lintel shall be constructed at the point of connection to Council’s underground pipe.

(84) The pump pit in the basement shall be designed to be capable of storing runoff from a one hour, 1 in 100 year ARI storm event including the seepage drained from the AG pipes laid around the basement wall. Detailed calculations shall be provided.

(85) The discharge control pit of the OSD system shall be designed to control outflow for all storm events 2, 10 and 100 years ARI. Detailed calculations shall be provided for variable orifices (at different levels) diameter. The emergency overflow from the OSD basin shall be carried through the pipe system to the street.

(86) A detailed plan of the Ø375mm connecting pipeline including the details of all stormwater pits & lintels, long section of the pipeline, trench cross section etc. shall be provided in the drawing. All the underground services to be encountered in trench excavation shall be identified, located and indicated accurately in the drawing.

(87) All excavations and backfilling associated with the erection or demolition of a building shall be carried out in a safe and careful manner and in accordance with appropriate professional standards. All necessary piling, planking and strutting shall be of sufficient strength to retain the sides of excavations.

A Compliance Certificate verifying the suitability of Structural details of proposed piling, shoring etc. are to be submitted to the Principal Certifying Authority before commencement of excavation.

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

(89) Where soil conditions require it:

a. retaining walls must be provided so as to prevent soil movementb. adequate provision must be made for drainage.

(90) Dial Before You Dig is a free national community service designed to prevent damage and disruption to the vast pipe and cable networks which provides Australia with the essential services we use everyday – electricity, gas, communications and water.

Before you dig call “Dial Before You Dig” on 1100 (listen to the prompts) or register on line at www.1100.com.au for underground utility services information for any excavation areas.

The Dial Before You Dig service is also designed to protect Australia’s excavators. Whether you are a backyard renovator, an individual tradesman or a professional excavator, the potential for injury, personal liability and even death exists everyday. Obtaining accurate information about your work site significantly minimises these risks.



Reason: To ensure that essential services such as electricity, gas, communications and water are not affected by excavation or construction works.

(91) If the work involved in the erection or demolition of a building:

a. is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient

b. involves the enclosure of a public place

a hoarding or fence must be erected between the work site and the public place.

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

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

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

(92) No opening is to be made in any road or footpath, nor is any hoarding to be erected without the prior consent of Council. The builder is to obtain the relevant permit for which fees will be charged in accordance with Council's Schedule of Fees and Charges.

(93) The builder shall erect and maintain in good order all necessary hoardings, barricades and warning signs required to provide adequate public safety. Night warning lamps are to be provided where necessary.

(94) Public roads to be kept clean and free of any material which may fall from vehicles or plant. Waste containers shall be placed in accordance with Council's Code for Activities Affecting Roads and are subject to the payment of appropriate fees.

(95) Heavy vehicles entering and leaving the site must only cross the footpath where it is adequately timbered and strapped. Pedestrian access across this footpath must be maintained in good order at all times during the excavation work.

(96) The contractor shall strictly implement all erosion and sediment control measures prior to the commencement of excavation. Such measures shall be inspected at site by a competent practicing hydraulic/civil engineer and the PCA shall be provided with a compliance certificate in regards to that.

(97) The Applicant shall prepare detailed survey reports of all existing service authority assets in and around the site of the proposed development that may be affected in any way by the proposed excavation. Surveys should include, but not be limited to, high and low voltage electricity, water, stormwater, sewer, gas, telecommunications, street lighting and drainage assets, etc.

(98) The Applicant shall liaise with all relevant service authorities (including, but not limited to electricity, water, stormwater, sewer, gas, telecommunications, street



lighting and drainage) to develop final designs that satisfy all requirements of the service authority providers in respect of protection, termination or relocation of existing assets, temporary access and future permanent access for maintenance of assets.

(99) The Applicant shall prepare detailed method statements to demonstrate how the proposed excavation is to be conducted such that all relevant utility authority assets are protected and maintained throughout the construction stage of the development, or are relocated. Method statements are to be submitted to the relevant utility authorities for their written approval.

(100) Your attention is directed to the following:

WARNING

Building plans which form part of a Construction Certificate, and are suitably endorsed, must be submitted to a Sydney Water, Quick Check agent or Customer Centre before the commencement of work.

For Quick Check agent details refer to the website www.sydneywater.com.au, see “Your Business” then ‘Building & Developing’ then ‘Building and Renovating’, or telephone 13 20 92.

The applicant will need to provide the following information:

a. The address of the property including House, Lot and Deposited Plan number.

b. The name and address of the owner and the builder.

c. The type of building, type of construction and the estimated cost.

The approved plans and application will be checked to determine whether the proposed works meets with the requirements of Sydney Water concerning:

a. Location of sanitary fixtures

b. Relationship of the building to water-mains, sewers and stormwater drains and/or easements; and if further requirements need to be met.

Plans will be appropriately stamped.

(101) Should the applicant require the use of temporary ground anchors to shore the bulk excavation, submissions for the installation of the temporary ground anchors shall be required by Council to provide additional engineering conditions.

TRANSPORT, TRAFFIC AND PARKING

(102) A minimum of 28 off-street car parking spaces must be provided on-site. The design, layout, signage, line marking, lighting and physical controls of all off-street parking facilities must comply with the minimum requirements of Australian Standard AS/NZS 2890.1 - 2004 Parking facilities Part 1: Off-street car parking and Council’s Development Control Plan.

(103) The approved parking spaces must be allocated as detailed below. All spaces



must be appropriately line-marked and labelled according to this requirement prior to the issue of an Occupation Certificate. If the development is to be strata subdivided, the car park layout must respect the required allocation:

a. 19 residential parking spacesb. 4 visitor parking spacesc. 2 commercial parking space

(104) All loading and unloading operations associated with servicing the site must be carried out within the confines of the site, at all times and must not obstruct other properties/units or the public way.

A courier space and loading dock must be located close to the service entrance and away from other parking areas, as follows: a minimum of 1 courier space(s) with minimum dimensions 2.6m x 5.4m and a minimum head clearance of 2.5 metres.

Adequate space must be provided to allow maneuvering and turning of the different sized vehicles. The design, layout, signage, line marking, lighting and physical controls for all service vehicles must comply with the minimum requirements of 'Australian Standard AS 2890.2 – 2002 Off-Street Parking Part 2: Commercial vehicle facilities'.

The size of vehicles servicing the property must be a maximum length of 6.0 metres.

(105) No part of the common property, apart from the visitor parking spaces which are to be used only by visitors to the building, and service vehicle space which is to be used only by service vehicles, is to be used for the parking or storage of vehicles or trailers. The strata subdivision of the building is to include an appropriate documentary restriction pursuant to Section 88B of the Conveyancing Act 1919, so burdening common property, with the Council being the authority to release, vary or modify the restriction.

(106) At all times the service vehicle docks, car parking spaces and access driveways must be kept clear of goods and must not be used for storage purposes, including garbage storage.

(107) Visitor parking spaces must not at any time be allocated, sold or leased to an individual owner/occupier and must be strictly retained as common property by the Owners Corporation for use by building visitors.

(108) All visitor parking spaces must be grouped together, and located at the most convenient location to the car parking entrance. All spaces must be clearly marked ‘visitor’ prior to the issue of an Occupation Certificate. All signs must be maintained in good order at all times.

(109) Of the required car parking spaces, at least 2 must be designed and provided for accessible car parking for people with mobility impairment in accordance with Australian Standard AS/NZS 2890.1 - 2004 Parking facilities Part 1: Off-street car parking. Accessible car parking spaces must have a minimum headroom of 2.5m and must be clearly marked and appropriately located as accessible parking for people with mobility impairment.

(110) Where a car park is serviced by lifts, accessible spaces for people with mobility impairment are to be located close to lifts. Where a car park is not serviced by



lifts, accessible spaces for people with mobility impairment are to be located at ground level, or accessible to ground level by a continually accessible path of travel, preferably under cover.

(111) The provision, layout, design and security of bicycle facilities either on-street or off-street must comply with the minimum requirements of Australian Standard AS 2890.3 – 1993 Parking Facilities Part 3: Bicycle Parking Facilities.

(112) The site must be configured to allow a vehicle to be driven onto and off the site in a forward direction.

The following signs must be provided and maintained within the site at the point(s) of vehicle egress:

a. Compelling drivers to stop before proceeding onto the public wayb. Compelling drivers to "Give Way to Pedestrians" before crossing the

footway; or compelling drivers to "Give Way to Pedestrians and Bicycles" before crossing a footway on an existing or identified shared path route.

(113) A system of traffic lights and/or mirrors must be installed at the ends of any single lane ramp(s), to indicate traffic movement on the ramp(s). Details of the this system along with a detailed Traffic Management Plan must be submitted to Council for approval approved prior to the issue of a Construction Certificate. Any system using traffic light signals must maintain a green signal to entering vehicles at the point of entry, and must maintain a red signal when an exiting vehicle is detected upon the ramp or driveway. The first 6 metres of the driveway within the access should provide for a vehicle to wait should another vehicle already be exiting the site.

(114) The driveway on Angelo Street shall be reconstructed to commercial standard in accordance with Council’s standard vehicular crossing drawing.

(115) All costs associated with the construction of any new road works including kerb and gutter, road pavement, drainage system and footway shall be borne by the developer. The new road works must be designed and constructed in accordance with any relevant Australian Standards, Austroads Guides and RMS Technical Directions.

(116) All costs associated with signposting for any kerbside parking restrictions and traffic management measures associated with the development shall be borne by the developer.

(116A)Demolition and construction vehicles shall not queue or wait in adjacent residential streets to access the site.

RMS CONDITIONS

(117) All construction activities associated with the proposed development are to be contained on site or on Angelo Street as no construction zones will be permitted on Liverpool Road in the vicinity of the site.

(118) A Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control should be submitted to Roads and Maritime and Council for determination prior to the issue of a construction certificate.



(119) The swept path of the longest vehicle (to service the site) entering and exiting the subject site, as well as manoeuvrability through the site, shall be in accordance with AUSTROADS. In this regard, a plan shall be submitted to Council for approval, which shows that the proposed development complies with this requirement.

(120) Should the post development storm water discharge from the subject site into the Roads and Maritime system exceed the pre-development discharge, detailed design plans and hydraulic calculations of any charges are to be submitted to Roads and Maritime for approval, prior to the commencement of works.

Details should be Forwarded to:

Sydney Asset ManagementRoads and Maritime ServicesPO BOX 973Parramatta CBD 2124

(121) The layout of the proposed car parking areas associated with the subject development (including, driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS 2890.1-2004.

(122) The proposed development should be designed such that road traffic noise from adjacent public roads is mitigated by durable materials, in accordance with EPA criteria for new land use developments (The Environmental Criteria for Road Traffic Noise, May 1999). Roads and Maritime's Environmental Noise Management Manual provides practical advice in selecting noise mitigation treatments.

(123) The developer is to submit design drawings and documents relating to the excavation of the site and support structures to Roads and Maritime for assessment, in accordance with Technical Direction GTD2012/001.

The developer is to submit all documentation at least six weeks prior to commencement of construction and is to meet the full cost of the assessment by Roads and Maritime.

The report and any enquiries should be forwarded to:

Project Engineer, External WorksSydney Asset ManagementRoads and Maritime ServicesPO Box 973 Parramatta CBD 2124Telephone 8848 2114Fax 8849 2766

If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owner/s of the roadway is/are given at least seven days’ notice of the intention to excavate below the base of the footings. The notice is to include complete details of the work.

(124) All works/regulatory signposting associated with the proposed development are to be at no cost to Roads and Maritime.



(125) Any proposed landscaping and/or fencing must not restrict sight distances to pedestrians and cyclists travelling along the footpath.

(126) All vehicles to enter and leave the site in a forward direction.

(Moved Councillor Justin Taunton/Seconded Councillor Tony Doueihi)

Councillors Justin Taunton and Tony Doueihi called for a DIVISION.


FOR AGAINSTCouncillor Deans Councillor Furneaux-CookCouncillor FakerCouncillor MannahCouncillor TauntonCouncillor DoueihiTotal (5) Total (1)

(ITEM 116/15) PUBLIC EXHIBITION AND HEARING OUTCOMES - PLANNING PROPOSAL FOR THE RECLASSIFICATION OF NO. 59B PARK ROAD, BURWOOD

File No: 15/49066Summary

A Planning Proposal has been prepared to reclassify Council-owned land at No. 59B Park Road, Burwood from community land to operational land. The Planning Proposal was placed on public exhibition for a period of 28 days in accordance with the Department of Planning and Environment’s (DP&E) Gateway Determination. A public hearing was also held. No submissions were received during the public exhibition period and there were no attendees at the public hearing.


1. That Council note the findings of the public hearing report.

2. That Council endorse the Planning Proposal, and proceed to legal drafting of a Local Environmental Plan to give effect to the Planning Proposal.

(Moved Councillor Tony Doueihi/Seconded Councillor Justin Taunton)

(ITEM 117/15) PROPOSED PROJECT LIST - TO BE FUNDED FROM THE PUBLIC BENEFITS POLICY ADOPTED IN APRIL 2015


This report has been prepared to inform Council of the Proposed Project List of future works to be funded from the proceeds of the Carrying Out of Bonus Development in the Public Interest Policy - adopted by Council in April 2015. In short, any monetary contribution paid to Council through a VPA should be used for the provision of public benefits only and shall not be used for any other purposes.




1. That Council support the projects listed in the report.2. That Council approve the short term projects as listed below in accordance with

Council’s procurement program:

Category and Priority

Project Location

General Description of the Project.

Additional Information and Cost Estimated

Community Facilities

Short term

Enfield Aquatic Centre

Conversion of the existing 25.0m pool entry foyer to a publicly accessible community room.

This project has recently been completed due to its immediate need and relatively low cost.

Estimated cost $20,000Community Facilities

Short term

Burwood Park The provision of the new Pavilion in Burwood Park. A Grant of $174,350 is currently available. A design brief has been prepared and a request for tender process is currently underway.

Current Budget is $400,000 Grant of $174,350 is currently available.

Balance $225,650


Short term


The preparation of a Master Plan for the entire EAC complex.

The delivery of the following improvements to the EAC must be done after the preparation of a Master Plan Design for the entire complex.

Estimated Cost $40,000


Short term


Refurbishment of the front entrance foyer of the EAC and administration offices.

Estimated cost $140,000


Short term


Repair and upgrade of west facing heritage façade adjacent to the 50m pool.



Short term


Complete the resurfacing of the 25.0m pool deck (to match the light blue colour that is on the north and south headwalls.



Short term


Complete the perimeter fencing on the northern and southern side of the centre in the diplomat style black fencing to match the front.



Short term


Expansion of the 25.0m pool - Male & Female toilets and change rooms and incorporation of a new toilet for the recently completed Community Room.



Short term


Adapt the area under the grandstand (old kiosk and store area) for use as; Children’s parties & Health and wellbeing classes (yoga,




pilates etc.)Public Art

Short term

Hornsey Street In accordance with the Cultural Plan adopted in September 2015 (15.43378 P9) establish public art in areas including Hornsey Street.


Town Centre/ Satellite Shopping Centres

Short term

Georges River Road - Croydon Park.

New Clock Tower within a small public open space area. No full road closure as recommend by the Croydon Park Chamber of Commerce (CPCC).

Clock tower design, subject to consultation with the CPCC. Also a new bench, a new banner/s and up-lights to complement the clock tower.Estimate Cost $40,000


Short term

Burwood CBD Beautification and embellishment projects within the Town Centre. Including, Wilga Street, Clarence Street, Park Avenue.

Dunn’s Lane, possibility of widening the eastern side footpath i.e behind the shops and to include some nature strip planting. But still maintaining two-way traffic by narrowing the footpath on the western side.

Some of these have already been implemented or are in the process of being completed

CBD Streetscape beautification projects Include, Wilga Street, Clarence Street, Park Avenue tree planting,

However if the Dunns Lane footpath modifications are included the estimated cost will be $200,000


Short term

The Strand - Croydon

Embellishment of the existing landscaped central median along The Strand.

Estimate Cost $40,000

Open Space

Short term – Subject to Grant funding

Wangal Park Embellishment of the remainder of Wangal Park once the major earth works are completed to EPA requirements.

In October 2015 Council submitted two Expressions Of Interest (EOI) for grant applications under the 2015/16 ClubGRANTS Cat 3 Sport and Recreation scheme.

Design and Construction of the Wangal Park shared bicycle path, solar lighting and exercise equipment valued at $800,000

Design and Construction of the Wangal Park play equipment, skate park and half basketball court valued at $660,000

Some additional funding may be required and may be funded from the proceeds of the public benefits policy.

Open Space

Short term – Subject to Grant funding

Henley Park The upgrade of the Henley Park sports field lighting to minimum standard of 100 Lux. As requested by the following sporting associations;

Design and Construction of the Henley Park sports field lighting upgrade valued at $642,000



Enfield Rovers Soccer Club INC.

Western Suburbs Touch Football Association INC.

In October 2015 Council submitted one Expressions Of Interest (EOI) for grant applications under the 2015/16 ClubGRANTS Cat 3 Sport and Recreation scheme.

Some additional funding may be required and may be funded from the proceeds of the public benefits policy.

Estimated cost - short term projects only (excluding possible grant top-ups) $1,305,650

(Moved Councillor Tony Doueihi/Seconded Councillor Sally Deans)

(ITEM 118/15) ENDORSEMENT - DRAFT - COMMUNICATIONS POLICY


The Communications Policy will provide an overarching framework for Council’s established communications procedures to ensure that Councillors and Council Officers utilise best practice when engaging with internal and external stakeholders.

In addition, the policy formalises Council’s commitment to providing communication in a transparent, professional and accurate manner in line with Council’s community and corporate strategies.


That Council adopt the Draft Communications Policy.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Sally Deans)

(ITEM 119/15) BUDGET REVIEW FOR QUARTER ENDING 30 SEPTEMBER 2015


The 2015-16 Budget was adopted at the Council Meeting held on 25 May 2015 with a surplus of $38,714. The adopted budget was prepared on the basis of the organisational structure which includes the three Divisions (General Manager, Corporate, Governance and Community and Land, Infrastructure and Environment).

This report provides Council with the financial results for the period ending 30 September 2015 2015-16 Financial Year. As per Clause 203(1) Local Government (General) Regulations the responsible accounting officer is required to prepare and submit to Council a budget review statement no later than two months after the end of each Quarter (except the June Quarter).

The following Statement of Budget Income and Expenditure identifies a forecast funding surplus of $80,203 as at 30 September 2015 compared to the adopted forecast surplus of $38,714. The reasons for the net improvement of $41,489 are outlined in the report.




1. That the Budget Review Statement of the 2015-16 budget as at 30 September 2015, including the statement by the Responsible Accounting Officer, Chief Finance Officer, be received and noted.

2. That in accordance with Clauses 203 and 211 of the Local Government (General) Regulations 2005, the revised estimates of income and expenditure for 2015-16 surplus of $80,203 as shown in the report be approved and that Council’s originally adopted budget be adjusted accordingly and that the expenditure and income variations projected in the report be, and are hereby voted.

(Moved Deputy Mayor George Mannah/Seconded Councillor Justin Taunton)

(ITEM 120/15) INVESTMENT REPORT AS AT 31 OCTOBER 2015


In accordance with Clause 212 of the Local Government (General) Regulation 2005, this report details all money that Council has invested under Section 625 of the Local Government Act 1993.


1. That the investment report for 31 October 2015 be received and endorsed.2. That the Certificate of the Responsible Accounting Officer be received and

noted.

(Moved Councillor Sally Deans/Seconded Councillor Tony Doueihi)

(ITEM 121/15) FEES AND CHARGES 2015/2016 - CLARIFICATION OF THE FEES FOR SUBMITTING A PLANNING PROPOSAL - RESULTS OF PUBLIC EXHIBITION


Council resolved at its Meeting of 24 August 2015 to place its proposed clarification of the fee for submitting a Planning Proposal on public exhibition for a period of 28 days in accordance with Sections 610F and 705 of the Local Government Act 1993 (the Act). No submissions were received within the exhibition period and the proposed amended fee is now put to Council for approval.


That Council adopt the proposed clarification of the fees for submitting a Planning Proposal and that the new information be incorporated into Council’s Schedule of Fees and Charges for the 2015-2016 Financial Year.

(Moved Councillor Tony Doueihi/Seconded Deputy Mayor George Mannah)



(ITEM 122/15) FEES AND CHARGES 2015/2016 - PROPOSED FEE FOR THE HIRE OF THE FITZROY CENTRE COMMERCIAL KITCHEN AND EXTENSION OF BLOCK RATES AT COMMUNITY HUB MEETING ROOMS RESULTS OF PUBLIC EXHIBITION


Council resolved at its Meeting on 28 September 2015 to place its proposed new fee for the hire of the Fitzroy Centre commercial kitchen, and extension of block rates at Community Hub meeting rooms, on public exhibition for a period of 28 days in accordance with Sections 610F and 705 of the Local Government Act 1993 (the Act). No submissions were received within the exhibition period and the proposed new fee is now put to Council for approval.


1. That Council adopt the following fees and charges for the hire of the Fitzroy Centre commercial kitchen:

Fitzroy Centre Hire Charges – Commercial Kitchen

Hire Rate Category ACommercia

l

Category BNon- Profit

Organisation

Category CSeniors or

Community GroupMonday to Sunday HourlyKitchen only

$50 $30 $20

Monday to Sunday Flat RateCommercial Kitchen hired with the Fitzroy Centre

$50 $0 $0

Fitzroy Centre BondCommercial Kitchen Bond $300 $300 $300

2. That Council adopt an extension of the block rate for the Community Hub meeting rooms as follows:

Community Hub – Commercial Hire Charge – Block Rate Monday - SundayAuditorium $700Carpenter Room $370Ralston and Sheppard Room $230Cooper Room $180

3. That the fees be incorporated into Council Schedule of Fees and Charges for the 2015/2016 financial year.

(Moved Councillor Tony Doueihi/Seconded Deputy Mayor George Mannah)



(ITEM 123/15) DELEGATION TO THE MAYOR AND GENERAL MANAGER TO DEAL WITH MATTERS OF URGENCY DURING THE 2015/16 RECESS PERIOD


To seek a determination from Council regarding delegations for the 2015-16 recess. During the December/January recess it is standard procedure for Council to delegate certain functions to the Mayor and General Manager to ensure matters of urgency can be adequately dealt with.

185/15 RESOLVED

1. That for the period from 8 December 2015 until the first Council Meeting of 2016 Council delegates the following to both the Mayor and the General Manager:

Petitions and more than four valid planning objections to the development application have been received from separate households and the application has not been refused.

Development where there is major variation under State Environmental Planning Policy No. 1 (more than a 10%) from Council’s Development Standards or Clause 4.6 of BLEP 2012.

Any application specifically required by the Building and Development Committee or Council to be considered at a subsequent Building and Development Committee or Council Meeting.

Any matter subject to appeal.

Applications having a major environmental impact on the locality and which involve land owned by Council.

2. Development Applications - with respect to two-storey houses and first floor conversions and additions, authority is delegated to the General Manager to determine applications under the following circumstances:

3. Where five valid planning objections to the development application have been received from separate households within the notification area.

4. Other Matters - Emergency Management (Local) - deployment Council’s resources and to incur costs, on Council’s behalf, over $25,000.

5. Writing Off Accounts - to approve the writing off of accounts greater than $3,000.

6. That the Deputy Mayor be granted these delegations in the absence of the Mayor or the General Manager.

7. That all decisions made under the above delegations be subsequently reported for the information of Councillors at the first Council Meeting of 2016.

(Moved Councillor Justin Taunton/Seconded Councillor Tony Doueihi)



REPORTS OF COMMITTEES

(ITEM RC4/15) MINUTES OF THE NOVEMBER 2015 BURWOOD LOCAL TRAFFIC COMMITTEE


Attached are the Minutes of the Burwood Local Traffic Committee from its meeting of 5 November 2015. The Minutes are hereby submitted to the Ordinary Council Meeting for consideration and adoption by Council.


That the minutes of the Burwood Local Traffic Committee of 5 November 2015 be noted and the recommendations of the Committee as detailed below be adopted as a resolution of the Council.

(ITEM LTC7/15) WYNNE AVENUE, BURWOOD - ON-STREET PARKINGRecommendationThat the matter be deferred until the development at 27-31 Belmore Street obtains an Occupation Certificate and a further assessment of traffic within Wynne Avenue can be undertaken.

(ITEM LTC8/15) JOHN STREET, BURWOOD - LOADING ZONERecommendations1. That Council approve the installation of a ‘Loading Zone – 30 minute limit’,

including a new reinforced concrete hardstand area on the western side of John Street per the plan in the report.

2. That Council approve the conversion of ‘No Stopping’ restrictions on the eastern side of John Street between Victoria Street and George Street to ‘No Parking’.

(ITEM LTC9/15) MALVERN AVENUE AND THE STRAND, CROYDON - PEDESTRIAN CROSSING UPGRADESRecommendations1. That Council approve the upgrade of the existing pedestrian crossing located on

The Strand, Croydon, to wombat crossings as outlined in the report.2. That Council make submissions to Roads & Maritime Services Grant Programs for

the funding of the device on The Strand.3. That Council consult with RMS on possible options to upgrade the existing

pedestrian crossing on Malvern Avenue.

(ITEM LTC10/15) BURWOOD ROAD, BURWOOD - PROPOSED RUBBER SPEED CUSHIONSRecommendations1. That Council approve the installation of a speed cushion on the southern approach

to the roundabout located at the intersection of Burwood Road and Ethel Street Burwood, as per the plan attached to this report.

2. That Council approve the installation of all associated speed hump warning signage on Burwood Road Burwood, as per the plan attached to this report.

(ITEM LTC11/15) PARK ROAD, BURWOOD - PROPOSED NO PARKING RESTRICTIONSRecommendation



1. That Council approves the installation of ‘No Parking 9am – 6pm Monday – Friday’ restrictions along the eastern side of Park Road Burwood, outside properties 48-50, for a length of 24.0m subject to consultation with the resident.

2. That Council approves the extension of the new ‘No Parking’ restrictions north up to Victoria Street following the approval of the development at 42-46 Park Road.

(ITEM LTC12/15) MALVERN AVENUE & RAILWAY PARADE - INSTALLATION OF KEEP CLEAR PAVEMENT MARKINGSRecommendation1. That Council approve the installation of ‘KEEP CLEAR’ pavement markings on the

western side of Malvern Avenue Croydon, at Murray Street and on the southern side of Railway Parade Burwood, at Burleigh Street.

2. That Council approve the installation of ‘Do Not Queue Across Intersection’ signage at the intersection of Meta Street and Young Street, Croydon.

(ITEM LTC13/15) CHELTENHAM ROAD, CROYDON - MOBILITY PARKING OUTSIDE WANGAL PARKRecommendationThat Council approves the installation of one 6.0m long mobility parking space opposite 47 Cheltenham Road Croydon.

(ITEM LTC14/15) ACTON STREET, CROYDON - REQUEST FOR A MOBILITY PARKING SPACERecommendationsThat Council approve the installation of a 5.5m long ‘Mobility Parking’ space with associated signage on the western side of Acton Street, adjacent to Saint Joseph’s Maronite Catholic Church, as per the attached sketch plan.

(ITEM LTC15/15) JERSEY ROAD, STRATHFIELD - REQUEST FOR A MOBILITY PARKING SPACERecommendationThat Council approve the installation of one 6.0m long mobility parking space along the frontage of 13 Jersey Road Strathfield.

(ITEM LTC16/15) BURWOOD ROAD, BURWOOD - MOBILITY PARKING OUTSIDE ST PAUL'S CHURCHRecommendationThat Council approves the installation of two 6.0m long mobility parking spaces along the frontage of 205-207 Burwood Road Burwood.

(ITEM LTC17/15) AUSTRALIAN RED CROSS BLOOD SERVICE UNIT - PROPOSED 2016 DATESRecommendations1. That Council approve the road occupancy for the Australian Red Cross Blood

Service Unit in Comer Street Burwood, adjacent to Burwood Park, on the following dates and times subject to the conditions below.

Visit 1: Monday 18 to Wednesday 20 January 2016 – 8.30am to 4.30pm Visit 2: Monday 18 to Tuesday 19 April 2016 – 8.30am to 4.30pm Visit 3: Monday 18 to Tuesday 19 July 2016 – 8.30am to 4.30pm Visit 4: Monday 17 to Tuesday 18 October 2016 – 8.30am to 4.30pm

2. All services are to operate between the hours of 8.30am and 4.30pm on the approved dates, and are for the Blood Donation Unit only



3. All affected businesses, residents and other occupants must be notified of the road occupancy and activities at least one week prior to the commencement of the event. Any concerns or requirements raised by business proprietors, residents and other occupants must be resolved or accommodated by the applicant

4. The area to be used for the activities must be maintained in a clean and tidy condition to the satisfaction of Council’s Manager Traffic & Transport, otherwise the applicant will be required to reimburse Council for any extraordinary cleaning costs

5. Council and the Roads & Maritime Services are to be indemnified against all claims for damage or injury that may result from either the activities or from the occupation of part of the public road way. The applicant must produce evidence of public liability/risk insurance cover with a minimum policy value of at least $20,000,000 indemnifying Council and the Roads & Maritime Services from any future claims that may arise from the activities undertaken by The Australian Red Cross

6. A copy of the Council approval letter must be available onsite for inspection by Council Officers upon request

7. The applicant shall comply with any reasonable directive from Council’s Compliance Officers

8. Council reserves the right to cancel the approval at any time.

(ITEM LTC18/15) BREAST SCREEN NSW MOBILE LAB - PROPOSED 2016 DATESRecommendations1. That Council approve the road occupancy for a Breast Screen NSW mobile lab unit

at No. 18 Boulevarde Strathfield from Monday 6 June 2016 to Friday 24 June 2016, subject to the following conditions:

a. That the applicant notifies all affected businesses and residents of the temporary road occupancy and activities at least one week prior to the commencement of the event. Any concerns or requirements raised by business proprietors, residents and other occupants must be resolved or accommodated by the applicant

b. That the applicant contact Energy Australia in relation to power access to the mobile laboratory

c. That the area used for the activities be maintained and kept in a clean and tidy condition to the satisfaction of Council’s Manager Traffic & Transport, otherwise the applicant will be required to reimburse Council for any extraordinary cleaning costs

d. That Council and RMS are to be indemnified against all claims for damage or injury that may result from either the activities or from the occupation of part of the public road way

e. The applicant must produce evidence of public risk insurance cover with a minimum policy value of at least $20,000,000 indemnifying Council from any future claims that may arise from the activities undertaken by Breast Screen NSW

f. That a copy of the Council approval letter be available onsite for inspection by Council Officers upon request

g. That the applicant shall comply with any reasonable directives from Council’s Compliance Officers

h. That Council reserves the right to cancel this approval at any time.



(ITEM LTC19/15) DATES FOR 2016 BURWOOD LOCAL TRAFFIC COMMITTEE MEETINGSRecommendationThat the following dates be adopted for the 2016 Burwood Local Traffic Committee Meeting:

February Thursday February 4 2016March Thursday March 3 2016April Thursday April 7 2016May Thursday May 5 2016June Thursday June 2 2016July Thursday July 7 2016

August Thursday August 4 2016September Thursday September 1 2016

October Thursday October 6 2016November Thursday November 3 2016

(Moved Councillor Sally Deans/Seconded Councillor Lesley Furneaux-Cook)

INFORMATION ITEMS

(ITEM IN39/15) ANNUAL REPORT 2014-15


Burwood Council’s Annual Report for the period 2014-15 has been prepared in accordance with the Local Government Act 1993 and the Division of Local Government’s Annual Report requirements.

Background

The report is prepared annually to comply with Section 428 of the Local Government Act 1993 and Clause 217 of the Local Government (General) Regulation 2005 and must be provided to the Minister for Local Government by 30 November each year.

The annual report includes a report (State of the Environment Report) as to the state of the environment in the Local Government Area in relation to the objectives for the environment established by the Community Strategic Plan.

In addition, the report includes a summary of expenditure for funds generated through the Special Rate Variation approved by IPART in June 2014 and levied for the first year in the Financial Year 2014-15.

Consultation

The Annual Report will be made available to the public on Council’s website, as well as at the Council’s Administration Building and Burwood Library and Community Hub.

In addition, a Summary flyer will be made available at Council’s Administration Building and at the Burwood Library and Community Hub.

Council has also developed an infographics video summarising key aspects of the organisation’s performance over the 2014-15 Financial Year. The video will be made



available on Council’s website, facebook page, and on the TV screens available at various Council venues.

No Decision – Information Item Only

(ITEM IN40/15) POWER OF ATTORNEY FOR THE GENERAL MANAGER - SEPTEMBER TO NOVEMBER 2015


At the Council Meeting of 28 June 2011, Council resolved to delegate to Michael Gerard McMahon, General Manager, a prescribed power of attorney and that the General Manager report to Council every three months on all documents signed under the prescribed power of attorney.

Council notes that the following documents were signed under power of attorney between September and November 2015:

1. Two Voluntary Planning Agreements for Nos 9-15 Deane Street and 18-20 George Street Burwood, for the provision of a monetary contribution towards public parking and public facilities, after the granting of DA 51/2015 involving additional development to the approved DA 145/2012 for the construction of a mixed commercial and residential development on the site. Presented to Council on 27 July 2015, Item 65/15.

2. Contract for the Sale of Land at 59B Park Road Burwood to the owners of 59 Park Road Burwood, Mr Joe Bechara. Presented to Council 25 May 2015, Item 86/15.

3. Burwood Park Café “Lease by a Reserve Trust” form (requested for signing by Crown Land) to Jad’s Place Pty Limited in acceptance of tender. Presented to Council 23 February 2015, Item TE1/15.


(ITEM IN41/15) ANSWERS TO QUESTIONS WITHOUT NOTICE - COUNCIL MEETING OF 26 OCTOBER 2015


At the Council Meeting of 26 October 2015 the following Questions without Notice (QWN) were submitted by Councillors. Council Officers responded to the QWN and Councillors were notified on 6 November 2015 of the outcome of the QWN.

These are now submitted as part of the Council Agenda for Public Notification.

QUESTIONS WITHOUT NOTICE – COUNCIL MEETING OF 26 OCTOBER 2015

Question ResponseQ45 – Councillor John Faker

1. A resident from Gordon Street, Burwood raised the newly installed

Manager Traffic and Transport

1. Speed reducing devices are not warranted as the pedestrian crossing



pedestrian on Wentworth Road, Burwood, adjacent to the roundabout on the corner of Gladstone Street. Can Council investigate placing (and enforcing) warning signs and/or speed reducing devices on the approach to this crossing?

2. In addition investigate flood lighting or flashing lights to improve visibility?

is already raised and requires motorist to slow down on the approach. Class 1 retro reflective warning signs were installed upon completion of the crossing and are clearly visible on the approach to the crossing.

2. Australian Standard 1158.4 states that; “street lighting shall be provided for not less than three spans on either side of a pedestrian crossing”. The existing street lighting exceeds the requirement therefore flood lighting is not required. Flashing lights are not necessary given the ample street lighting.

Q46 – Councillor Lesley Furneaux-Cook

A resident has highlighted the number of massage shops on Burwood Road. I have conducted a quick walk and sighted eight in two and half blocks. Are these legitimate premises?

Manager Building and Development

Council has approved a number of these type of shops in the Burwood Town Centre over a long period of time. As far as staff are aware there are no “unauthorised” massage shops in Burwood Rd however if a specific area or list of addresses are provided a more detailed response may be prepared.

Q47 – Councillor Lesley Furneaux-Cook

Has Council spent any money to date on transitioning to the new entity since its submission to IPART?

Executive Manager

No funds have been spent on transitioning to a new entity. Council continues to share information with neighbouring councils, but no specific activity has been undertaken.

Q48 – Councillor Justin Taunton

Can council investigate and report on the benefits or otherwise of the rotary/Ferris Wheel type parking system?

Manager Traffic and Transport

Automated vehicle stacking systems have the benefit of providing additional parking in smaller areas, and are improving as technology advances, however there are a number of practical issues which the systems have not yet been able to overcome, such as:

Potential for adverse impacts arising from slow operation causing vehicle queuing;

Vehicle size constraints (many systems are unable to cater for large SUV and trucks);

Unreliability in cases of mechanical, hydraulic or electrical failure;

The need to train all users or alternately hire dedicated staff to operate heavy machinery; and



In private areas such as residential flat buildings, users not being able to access their vehicle for activates such as minor maintenance, cleaning interiors, etc. potentially impacting upon on-street parking.


CONFIDENTIAL ITEMS - CLOSED SESSION186/15 RESOLVED (Carried Unanimously)

That the meeting move into closed session in order to consider Item 124/15 Potential Voluntary Planning Agreement – Land Bounded by Wynne Avenue, Belmore Street, Conder Street and Hornsey Street, Burwood and Item 125/15 Tender for the construction of the Burwood Park Multipurpose Stage to be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (c) (d) of the Local Government Act 1993, as the matter involves information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business; and commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Tony Doueihi)

THERE WERE NO REPRESENTATIVES FROM THE PUBLIC TO ADDRESS THE COUNCIL BEFORE THE RESOLUTION TO MOVE INTO CLOSED SESSION WAS CARRIED.

THE MEETING MOVED INTO CLOSED SESSION AT 8.25PM THE PUBLIC AND PRESS EXCLUDED FROM THE MEETING.

THE MEETING RESUMED IN OPEN SESSION AT 8.40 PM.

(ITEM 124/15) POTENTIAL VOLUNRARY PLANNING AGREEMENT – LAND BOUNDED BY WYNNE AVENUE, BELMORE STREET, CONDER STREET AND HORNSEY STREET


Anson City Development 2 (Australia) Pty Ltd (Anson) has made representations to Council seeking Council’s confirmation whether we would accept its public benefit offer in exchange of a new development proposal on land bounded by Wynne Avenue, Belmore, Condor and Hornsey Streets Burwood (known as Sites A & B). Should Council endorse in principle the public benefit offer, Anson could proceed to prepare a draft voluntary planning agreement (VPA) to be submitted in conjunction with a new Development Application (DA).

187/15 RESOLVED

1. That Council note the contents of this report.

2. That Council endorse in principle the public benefit offer by Anson.

3. That Anson be advised that there is no guarantee that the future DA will definitely



be approved, but that it can proceed to prepare a proper draft VPA and EN in conjunction with the Development Application for assessment.

(Moved Councillor Tony Doueihi /Seconded Councillor Justin Taunton)

Councillors Tony Doueihi and Justin Taunton called for a DIVISION.


FOR AGAINSTCouncillor Deans Councillor Furneaux-CookCouncillor FakerCouncillor MannahCouncillor TauntonCouncillor DoueihiTotal (5) Total (1)

(ITEM 125/15) TENDER FOR THE CONSTRUCTION OF THE BURWOOD PARK MULTIPURPOSE STAGE


This report summarises the tender process undertaken in relation to the tender for construction of the Burwood Park Pavilion, Tender Reference 3/15, and recommends that Council decline to accept any of the Tenders and enter into negotiations with the preferred Tenderers, Rapid Construction Pty Ltd and Blue Chip Projects.


1. That in accordance with Clause 178 (1) (b) of the Local Government (General) Regulation 2005, Council decline to accept any of the tenders submitted for the construction of the Burwood Park Pavilion, Tender Reference 3/15.

2. That in accordance with Clause 178 (4) (a) of the Local Government (General) Regulation 2005, Council’s reasons for declining the Tender is that all tenderers’ prices are above the Quantity Surveyor’s estimates, all tenderers’ prices are above the available budget and re-advertising is unlikely to attract new tenders

3. That in accordance with Clause 178 (3) (e) of the Local Government (General) Regulation 2005, Council enter into negotiations with the two highest ranked tenderers, Rapid Construction Pty Ltd and Blue Chip Projects, for the construction of the Burwood Park Pavilion, Tender Reference 3/15. In accordance with Clause 178 (4) (b) of the Local Government (General) Regulation 2005, Council’s reason for entering into negotiations with Rapid Construction Pty Ltd and Blue Chip Projects is to give both tenderers the opportunity to review their pricing to meet the Quantity Surveyor’s estimate and Council’s budget.

4. That authority be granted to the General Manager to review the negotiation process, conduct any further negotiation if necessary and sign the resulting contract and any related documentation under his power of attorney.



5. That should an agreement with selected tenderers not be achieved, Council call for new separate tenders for the construction of the shade structure and for the construction of the stage and ancillary works.

(Moved Councillor Tony Doueihi /Seconded Councillor Sally Deans) QUESTIONS WITHOUT NOTICE

The following Questions Without Notice were submitted at the Meeting:

Cr Lesley Furneaux-Cook

Question 1

Can Council confirm that it resubmitted its merger proposal as per its meeting of 9 June 2015, to IPART and where there any alterations?

Question 2

In the former library a 15 minute library drop off zone for library users was available. Why has this not be transferred over to the new site?

Question 3

What are the provisions for Council representation on the JRPP if our representatives are not available? It is my understanding at the last JRPP Meeting, there were no Councillors representation.

Councillor Justin Taunton

Can an update be provided on the progress of the traffic and safety issues on the roundabout at 290 Burwood Road, following questions I asked in the September Council Meeting.

Councillor John Faker (Mayor)

Can the graffiti along the Croydon Railway Bridge at The Strand be removed? Why has the Graffiti Team taken so long to remove it?

MAYORAL MINUTE

(ITEM MM23/15) NOMINATION OF FURTHER ALTERNATES TO THE SYDNEY EAST JOINT REGIONAL PLANNING PANEL

Summary

To ensure that Council has appropriate representation to the Sydney East Joint Regional Planning Panel in the absence of the Delegates and two alternates.


1. That the General Manager inform the Sydney East Joint Regional Planning Panel that Council wishes to nominate two further alternates to the Committee in the event that Councillors cannot attending the meeting.

2. That Council nominate the General Manager and the Deputy General Manager



Land, Infrastructure and Environment.

This concluded the business of the meeting and Council rose at 8.45pm.

Confirmed this 7th Day of December 2015.

MAYOR GENERAL MANAGER


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