Pro-Forma Minutes of Burwood Council Meetings - 23 February 2016

BURWOOD COUNCIL MEETINGS

MINUTES OF THE MEETING OF THE COUNCIL OF BURWOOD held at the Council Chamber, Suite 1, Level 2, 1-17 Elsie Street, Burwood on Tuesday, 23 February 2016 commencing at 6.05pm.

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

Mr M McMahon, General Manager Mr I McCallum, Deputy General Manager Corporate, Governance & Community Mr B Macdonnell, Deputy General Manager Land, Infrastructure & Environment Mr T Briscese, Executive Manager Mr B Mortimer, Manager Organisation Development Mr J Inglese, Senior Manager Assets and Design Mr R Di Federico, Manager Traffic and Transport Mr B Adamopoulos, Manager Design Mr M Limnos, Manager Civil Construction and Maintenance Ms D Luo, Manager Strategic Planning Mr H Gavrilis, Manager Environment and Health Ms Y Tome, Governance Officer

OPENING OF MEETING BY THE MAYOR

The Mayor opened the meeting with a prayer.

OPEN FORUM

There was no business for this item.

APOLOGIES 2/16 RESOLVED (Carried Unanimously)

That an apology be granted to Councillor Tony Doueihi.

This is page 1 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 (Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Justin Taunton)

DECLARATIONS OF INTEREST

Councillor Lesley Furneaux-Cook declared a non-pecuniary interest in Item 6/16 Adoption – Draft Permit Parking Scheme Policy and Fees and Charges – Following Public Exhibition as her street is a part of the parking scheme. Councillor Furneaux- Cook will remove herself from the meeting.

Councillor John Faker declared a non-pecuniary less than significant interest in Item 12/16 Webb Street, Croydon – Pedestrian Crossing Relocation and New Drop off/Pick Up Zone as his daughter attends Holy Innocents.

Councillor John Faker declared a non-pecuniary less than significant interest in Item 2/16 Public Exhibition of Planning Proposal for the Heritage Listing of No. 100 Lucas Road, Burwood and Deletion of No. 13 Archer Street, Burwood as a Heritage Item as his house is in the same street but has no effect on his property.

DECLARATIONS OF POLITICAL INTEREST

There were no declarations of political interests by Councillors.

COUNCILLOR SALLY DEANS ARRIVED AT THE MEETING 6.10PM

CONFIRMATION OF MINUTES 3/16 RESOLVED (Carried Unanimously)

That the minutes of the meeting of the Council of Burwood held on Monday 7 December 2015 and Building and Development Committee Meeting held on 9 February 2016, as circulated, be confirmed and signed as a true record of the proceeding of the meeting.

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

ADDRESS BY THE PUBLIC ON AGENDA ITEMS

Name Ag Item Ms Lana Remedi Item 1/16 – Nos. 282-284 Liverpool Road, Unit 34, 2-4 Byer Street Enfield – DA 170/2014 – Three Storey Enfield Residential Flat Building Over Basement Car Parking Ms Zheng Fang Ke Item 1/16 – Nos. 282-284 Liverpool Road, Unit 33, 2-4 Byer Street, Enfield Enfield – DA 170/2014 – Three Storey Residential Flat Building Over Basement Car Parking Ms Lipeng Lin Item 1/16 – Nos. 282-284 Liverpool Road, Unit 35, 2-4 Byer Street Enfield – DA 170/2014 – Three Storey Enfield Residential Flat Building Over Basement Car MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

Parking Ms Iris Lam Item 1/16 – Nos. 282-284 Liverpool Road, Unit 18, 276 - 280 Liverpool Enfield – DA 170/2014 – Three Storey Road, Enfield Residential Flat Building Over Basement Car Parking Mr Eugene Sarich Item 1/16 – Nos. 282-284 Liverpool Road, Urbanesque Planning Enfield – DA 170/2014 – Three Storey Suite 16, 895 Pacific Highway Residential Flat Building Over Basement Car Pymble Parking Mr Ziad Boumelhem Item 1/16 – Nos. 282-284 Liverpool Road, Senior Architect Enfield – DA 170/2014 – Three Storey Urban Link P/L Residential Flat Building Over Basement Car Shop 8-11, 320A Liverpool Parking Road, Enfield Mr Tommy Chao Item 2/16 – Public Exhibition of Planning Unit 4, 43 Cheltenham Road Proposal for the Heritage Listing of No. 100 Croydon Lucas Road, Burwood and Deletion of No. 13 Archer Street, Burwood as a Heritage Item Mr Brett Daintry Item 4/16 – Voluntary Planning Agreement – Daintry Associates Nos. – 1-3 Marmaduke Street and 7 Deane Street, Burwood

GENERAL BUSINESS

(ITEM 1/16) NOS 282 - 284 LIVERPOOL ROAD ENFIELD - DEVELOPMENT APPLICATION 170/2014 - THREE STOREY RESIDENTIAL FLAT BUILDING OVER BASEMENT CAR PARKING

File No: 16/6332 Applicant: Mr Justin Hassarati Location: 282 - 284 Liverpool Road Enfield, southern side of Liverpool Road between Beaumaris Street and Byer Street Zoning: R1 General Residential - Burwood Local Environmental Plan 2012

Proposal

The proposal is to demolish two existing dwelling houses and other buildings on the subject site and erect a residential flat building development comprising:

. A lower basement level towards the rear of the site containing 9 parking spaces and access. . A lower ground floor level comprising towards the front of the site an upper basement car parking level of 14 spaces, a garbage bin room and access; and towards the rear of the site 2 x 2 bedroom apartments and private open space for those apartments. . Ground floor containing 2 x 1 bedroom apartments and 4 x 2 bedroom apartments, open space and landscaped areas, pedestrian access to the building and the vehicular access ramp connecting the parking basement to Liverpool Road.

This is page 3 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 . Level 1 containing 3 x 1 bedroom and 3 x 2 bedroom apartments (1 of the 1 bedroom and 1 of the 2 bedroom apartments contain a study room). . Level 2 containing 2 x 2 bedroom and 2 x 1 bedroom apartments (both of the 1 bedroom apartments contain a study room); and towards the rear of the site a roof-top communal open space area above the level 1 apartments below. . The 18 apartments comprise 7 x 1 bedroom and 11 x 2 bedroom. The basement parking contains a total of 23 spaces.

The development comprises three architectural component structures that form a single integrated building of three storeys over basement parking. The residential levels and parking basement are stepped down from the Liverpool Road frontage towards the lower rear of the site. The upper levels of the building are also stepped back from the side boundaries for each of the lower ground/ground, level one and level two.

4/16 RESOLVED (Carried Unanimously)

A. That Development Application BD.2014.170 to demolish two existing dwelling houses and other buildings on the subject site and erect a residential flat building of 18 apartments in three storeys above a basement parking level be granted consent 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 received by Council on 15 December 2015: A-001, A-100, A-101, A-102, A-103, A-104, A-105, A-200, A-201, A-202, A-300, all Rev 8 dated 26 November 2015. . Details of External Materials and Finishes on the following plans by Urban Link received by Council on 2 February 2016: A-201, A-202, A-40, all Rev 9 dated 2 February 2016. . Landscape Concept Plans by Greenland Design Pty Ltd received by Council on 15 December 2015: Drawings Nos. 0894.L.01, 02, 03 and 04, all Issue B dated 3 December 2015. . Engineering concept plans concerning storm water drainage and sedimentation/erosion control by Alpha Engineering & Development received by Council on 15 December 2015 being Drawings A4117 Cover, SW01, SW02, SW03SW04, SW05SW06 & SW07all Revision E dated 11 December 2015. . The recommendations of the Acoustic Report by Acoustic Logic dated 25 November 2014 received by Council on 26 November 2014.

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 MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

Authority prior to the issuing of a Construction Certificate.

(2) TABLE OF FEES

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

(3) Building and Construction Industry Long Service Corporation Levy $10,815 (Payment to be made to Council, the Corporation or its Agent).

(4) Damage Deposit - security deposit against damage occurring to Council's assets (footpath, road, stormwater drainage system, kerb and gutter, etc) during building work $16,000 (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.

(5) Construction by the Applicant/Council the stormwater drainage works $56,950 (Payment to be made to Council as a bond).

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

This fee is for 10 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).

(7) Section 94A Contribution: $30,900.00 (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) 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 Contribution A levy of 1% of the cost of carrying out the $30,900.00 development, where the cost calculated and agreed by Council is $3,090,000.00

Index Period Dec 2015 CPI1 108.9 Office Use: T56

This is page 5 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 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: C: the original contributions amount as shown in the development consent

CPI2 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)

CPI1 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.

(9) 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.

(10) 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.

(11) 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 MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

for the site including basement pit and pumps and on site detention shall be designated as common property.

(12) 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.

(13) 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.

(14) A security gate is to be installed in the pedestrian access for the development, located between the building and the fence on the north-eastern boundary of the site, as close to Liverpool Road as practicable. The security gate and the doors of the entry foyer to the building 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. Details are to be submitted and approved prior to the issue of a Construction Certificate.

(15) 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, and in the foyer to ensure the safety and security of residents. Details are to be submitted and approved prior to the issue of a Construction Certificate.

(16) 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. Details are to be submitted and approved prior to the issue of a Construction Certificate.

(17) Vehicular and pedestrian access to the basement car park is to be controlled by a security roller door with key or key card and intercom access only connected to all of the apartments. Details of these matters are to be submitted and approved prior to the issue of a Construction Certificate.

(18) 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

This is page 7 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 approved prior to the issue of a Construction Certificate.

(19) 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 201.

(20) Fences and walls on the boundaries of the development and within the landscaped areas of the site are to comply with the requirements of the Burwood Development Control Plan 2013 Section 4.1.2.3 Site and Building Amenity, Provisions P27 - P30.

(21) Where the basement car parking area is located along the south-western boundary line of the site, any protrusion of the parking basement structure above the natural ground level of the adjoining site is to be incorporated into the fencing of the side boundary so that the total fence height (including the protrusion) is consistent with the BDCP guidelines referred to in the above condition. Also the exposed wall of the protrusion shall be finished with materials that are consistent with the fence and that are acceptable to the Owners Corporation of the adjoining development. Details are to be submitted and approved prior to the issue of a Construction Certificate.

(22) In respect of the Common Open Space (COS) area on Level two of the building, the landscaping around the edges of the COS area and the landscaping separating the COS area from the private balconies of Apartments 201 and 202 is to be of sufficient density and height to provide adequate visual screening of the COS area when viewed from the balconies of Apartments 201 and 202 or from dwellings on adjoining land. Both the COS and the POS to units 201 & 202 are to be provided with 1.8m high opaque glazing as a screen to ensure privacy is maintained to both the occupants of both units, the occupants of the COS and the residents of surrounding properties. Details of such are to be provided to the PCA prior to release of Construction Certificate.

(23) The owners or operators of the residential flat building, including the Owners Corporation where the development is subject to strata subdivision, are to manage the use of the Common Open Space area on Level two of the building so that it does not interfere with the amenity of residents of Apartments 201 and 202 or residents of dwellings on adjoining land.

(24) Parking for bicycles is to be included in the basement of the building in accordance with Provision P8 of the Burwood Development Control Plan 2013, Section 4.6.3. Details are to be submitted and approved prior to the issuing of a Construction Certificate.

(25) Details of the proposed window screen louvres are to be submitted to and approved by Council prior to the release of the Construction Certificate.

BUILDING

(26) Fire Resistance Levels of all structural members, including external and MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

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.

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

(28) 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)

(29) 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.

(30) 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.

(31) 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:-

This is page 9 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 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.

(32) 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)

(33) 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 toilet, and MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

b. 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.

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

(35) 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.

(36) No work being carried out other than between the hours of 7.00am – 5.30pm Monday to Friday and 7.00am – 1.00pm on Saturdays, with no work at all being carried out on Sundays and Public Holidays.

(37) Hours of work shall be from 7.00am to 5.30pm Monday to Friday 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.

(38) 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)

(37) 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

This is page 11 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 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; and

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

SWIMMING POOLS

 The excavation prior to the placement of a fibreglass pool;

 Reinforcement and preliminary works prior to pouring of concrete; and

 Swimming pool fencing prior to filling the pool with water.

(39) 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.

(40) 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.

(41) 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).

(42) 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 MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

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.

(42A) 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.

DEMOLITION

(43) Demolition of the building is to be carried out in accordance with the requirements of Australian Standard AS 2601 – 2001, where applicable.

(44) All material in the building which contains asbestos is to be removed in accordance with the guidelines of the WorkCover Authority and the requirements of the Environment Protection Authority.

(45) Access to the site is to be restricted and the site is to be secured when demolition work is not in progress or the site is otherwise occupied.

(46) The demolition site is to be provided with measures to mitigate against dust nuisances arising on adjoining sites and roadways. To achieve this, a fence or barrier is to be erected around the site. The construction may be steel mesh which is covered with a suitable filtering medium or such other construction acceptable to Council. An effective program of watering the site is also required to be maintained.

(47) This approval only relates to the removal of the nominated building on the site and does not grant consent for general site clearing or removal of any trees.

This is page 13 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 (48) Prior to commencement of any site works, all trees identified in the landscape plan to be retained, shall be enclosed by protective fencing to prevent them from being damaged during the construction period.

(49) 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.

(50) 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 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 clause, 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.

(51) 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, or

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.

(52) When demolition of any existing building is involved, burning of any demolition materials on the site is prohibited. All waste materials to be removed from the MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

(53) 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.

ENVIRONMENT & HEALTH

Environmental Management:

(54) 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

(55) The construction of windows / sliders, doors, external walls and roofs are to be comply with the assessment and recommendations listed in Part 6 and Appendix 2 of the Acoustic Report (Doc Ref: 20141322.1/2511A/RO/LF dated 25 November 2014) prepared by Acoustic Logic in order to achieve the required noise reduction targets and levels as specified I AS 3671”Road Traffic Noise Intrusion – Building Siting and Construction’.

(56) 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 near-by 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.

(57) 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.

Waste Management:

This is page 15 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 (58) 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.

(59) 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.

(60) The garbage and recycling storage areas is to be:

a. Supplied with both hot and cold water b. Paved with impervious floor materials c. Coved at the intersection of the floor and the walls d. Graded and drained to a floor waste which is connected to the sewer in accordance with the requirements of Sydney Water e. 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.

(61) All waste and recycling collections are to be carried out from Liverpool Road. A hard stand area of sufficient size is to be installed within the property at the Liverpool Road frontage for the wheeling out and wheeling back of bins. The pathway from the waste room to the hard stand collection area is to be graded so that it is free of any steps or obstructions.

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

(63) 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.

(64) 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

(65) 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 MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

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.

(66) 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.

(67) 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.

This is page 17 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 b. The design is to be reviewed by Council or an Accredited Certifier - Civil Engineering, prior to the issuing of a Construction Certificate.

(68) 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.

(69) 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.

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

i) Finished pavement and ground levels MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

ii) On-site Stormwater Detention system iii) 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) Finished pavement and ground levels ii) On-site Stormwater Detention system iii) 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 lodgement 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 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.

This is page 19 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 (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: MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

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) The following matters apply to the construction of the proposed vehicular crossing listed in the Table of Fees:

a. A vehicular crossing 6 m wide to Liverpool Road shall be constructed by the Applicant/Council at the applicant’s cost.

b. The cost of any necessary adjustments to public utility services is not included, and shall be paid by the applicant to the relevant authority prior to Council commencing the work.

c. The driveway shall be 1m clear of any pits, lintels, poles and 2m clear of trees in the road reserve.

d. All redundant vehicular crossings shall be removed and replaced with kerb and gutter and footpath at no cost to Council.

(78) 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.

(79) 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.

(80) 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

This is page 21 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 prepared by a competent practicing hydraulic/civil engineer in accordance with Supplement 10 of Council's Stormwater Management Code.

c. The erosion and sediment control plan is to be reviewed by Council or an Accredited Certifier - Civil Engineering prior to the issuing of a Construction Certificate.

(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 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 street kerb is not permitted by Council’s Code. Drainage connection shall be made to Council’s nearest storm water pit and/or underground pipe drainage system. A new Council standard pit and lintel shall be constructed in the street outside the property boundary for the property’s stormwater to connect. All pipes under road surface shall be 375mm in diameter reinforced concrete spigot and socket with rubber ring joints.

(83) Long section of the Ø375mm pipeline, cross section of 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.

(84) 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.

(85) 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.

(86) 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.

(87) All (100%) roof and paved areas are to drain through the OSD storage by gravity. Where the whole site can not drain through the OSD storage, additional attenuation of flows through the storage and extra volume are required to compensate

(88) The discharge control pit of the OSD system shall be designed to control outflow for all storm events from 2, to 100 years ARI. Detailed calculations shall be provided for variable orifices diameter (at different levels). MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

(89) Engineering drawings addressing the matters in Conditions 82 - 88 shall be provided for Council’s review prior to issuing of the Construction Certificate.

TRAFFIC & TRANSPORT

(90) A minimum of 23 off-street car parking spaces must be provided on-site. This includes 1 additional space required for Apartment 103 which is effectively a 3 bedroom apartment. 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.

(91) 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 spaces. b. 4 visitor parking spaces (including the car wash bay).

(92) No part of the common property, apart from the visitor vehicle spaces which are to be used only by visitors to the building, and service vehicle spaces which are 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.

(93) 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.

(94) 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.

(95) Where a boomgate or barrier control is in place, the visitor spaces must be accessible to visitors by the location of an intercom (or card controller system) at the car park entry and at least 6m clear of the property boundary, wired to all units. The intercom must comply with 'Australian Standard AS 1428.2-1992: Design for access and mobility - Enhance and additional requirements - Building and facilities Sections 22 and 23'.

(96) Of the required car parking spaces, at least two 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

This is page 23 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 minimum headroom of 2.5m and must be clearly marked and appropriately located as accessible parking for people with mobility impairment.

(97) The 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.

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

(99) 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 way

b. Compelling drivers to "Give Way to Pedestrians" before crossing the footway.

(100)A system of traffic mirrors must be installed at the ends of any single lane ramps, to indicate traffic movement on the ramps.

(101)Any proposals for alterations to the public road, involving traffic and parking arrangements, must be designed in accordance with RMS Technical Directives and must be referred to and agreed to by the Traffic Committee prior to any work commencing on site.

(102)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.

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

(104)Prior to the issue of a Construction Certificate, the applicant must prepare a Construction Traffic Management Plan. The following matters should be addressed in the plan (where applicable):

a. A plan view of the entire site and frontage roadways indicating:

i) Dedicated construction site entrances and exits, controlled by a certified traffic controller, to safely manage pedestrians and construction related vehicles in the frontage roadways. ii) Turning areas within the site for construction and spoil removal vehicles, allowing a forward egress for all construction vehicles on the site. iii) The proposed locations of work zones where it is not possible for loading/unloading to occur on the site in the frontage roadways MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

(which will require separate approval by Council). iv) Location of any proposed crane and concrete pump and truck standing areas on and off the site (which will require separate approval by Council). v) A dedicated unloading and loading point within the site for all construction vehicles, plant and deliveries. vi) Details of vertical and horizontal material handling and deliveries. vii) Any on-site parking area for employees, tradespersons and construction vehicles where possible. viii) Traffic routes to and from the site from the closest atrial road in all directions.

b. Traffic control plan(s) for the site must be in accordance with the Roads and Maritime Services publication “Traffic Control Worksite Manual” and prepared by a suitably qualified person. The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures identified for each stage.

(105)Should works require any of the following on public property (footpaths, roads, reserves), an application shall be submitted and approved by Council prior to the commencement of the works associated with such activity or the Construction Certificate (whichever occurs first)

i) Work zone ii) Temporary closure of roadway/footpath iii) Mobile crane or any standing plant iv) Scaffolding/Hoardings (fencing on public land) v) Road works including vehicle crossing/kerb & guttering, footpath, stormwater provisions etc vi) Installation or replacement of private stormwater drain, utility service or water supply

RMS CONDITIONS

(106) All buildings or structures together with any improvements integral to the future use of the site are to be clear of the Liverpool Road road reserve.

(107) The design and construction of the gutter crossing on Liverpool Road shall be in accordance with Roads & Maritime Requirements. Details of these requirements shall be obtained from Roads & Maritime Project Services Manager, Traffic Projects Section, Parramatta (telephone 8849 2138).

Detailed design plans of the proposed gutter crossing are to be submitted to Roads & Maritime for approval prior to the issue of a Construction Certificate.

A plan checking fee (amount to be advised) and a lodgement performance bond may be required from the applicant prior to the release of the

This is page 25 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 approved road design plans by Roads & Maritime.

(108) Detailed design plans and hydraulic calculations of any charges to the stormwater drainage system are to be submitted to Roads and Maritime for approval, prior to the commencement of works. Details should be forwarded to:

Sydney Asset Management Roads and Maritime Services PO BOX 973 Parramatta CBD 2124

A plan checking fee will be payable and a lodgement performance bond may be required before Roads & Maritime approval is issued. With regard to the Civil Works requirement please contact the Roads & Maritime Project Engineer, External Works telephone 8849 2114 or fax 8849 2766.

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

The report and any enquiries should be forwarded to: Project Engineer, External Works Sydney Asset Management Roads and Maritime Services PO BOX 973 Parramatta CBD 2124

Telephone 8849 2114 or fax 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.

(110)The proposed development should be designed such that road traffic noise from Liverpool Road is mitigated by durable materials in order to satisfy the requirements of for habitable rooms under Clause 102(3) of the State Environmental Planning Policy (Infrastructure) 2007.

(111)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.

(112)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. MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

ADDITIONAL CONDITIONS

(113) A Plan of Management shall be provided to detail and control use of communal open space on Level 3 and also to ensure management and maintenance of all landscaping within the building. The Plan of Management shall address issues such as hours of use of the communal open space, the number of people able to be contained at any one time in the communal open space area and shall ensure that all landscaping is maintained for a minimum of two years. The Plan of Management to be submitted to Council for approval prior to release of an Occupation Certificate for the development.

(114) Landscaping of the planter areas surrounding communal space on Level 3 shall be provided to the full width and length of planter boxes to create a dense screen when plants reach maturity.

(115) Planter boxes with a minimum width of 600mm and one metre in depth shall be provided to balconies located on the eastern elevation of the development. This is to assist with the protection of privacy or townhouses at 2-4 Byer Street. Sliding privacy screens shall be provided to the balustrade railings. The Applicant shall also provide sectional drawings that indicate line of site from the balconies behind the planter box in order to gauge the effectiveness of the planter box in reducing the loss of privacy to the adjoining properties from these balconies. Details to be submitted to Council for approval prior to release of a Construction Certificate.

(117) Bedroom windows to Unit 106 and 204 are to be provided with frosted glazing.

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

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

FOR AGAINST Councillor Furneaux-Cook Councillor Deans Councillor Faker Councillor Mannah Councillor Taunton Total (5) Total (0)

(ITEM 2/16) PUBLIC EXHIBITION OF PLANNING PROPOSAL FOR THE HERITAGE LISTING OF NO. 100 LUCAS ROAD, BURWOOD AND DELETION OF NO. 13 ARCHER STREET, BURWOOD AS A HERITAGE ITEM

File No: 16/159 Summary

This is page 27 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 A Planning Proposal (PP) has been prepared to list the property at No. 100 Lucas Road, Burwood and to delete the property at No. 13 Archer Street Burwood, as local heritage items. The PP was placed on public exhibition for a period of 14 days in accordance with the Department of Planning and Environment’s (DP&E) Gateway Determination. A submission was received from the Heritage Division of the Office of Environment and Heritage (OEH), raising no objection to the PP.

1. That Council note the findings of the review of submissions from the public exhibition of the Planning Proposal.

2. That Council use its authorisation to exercise delegation in the making of the BLEP to give effect to the Planning Proposal and progress the BLEP to notification.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Justin Taunton)

Councillors Lesley Furneaux-Cook and Justin Taunton called for a DIVISION.

(ITEM 3/16) ADOPTION OF MONETARY CONTRIBUTION RATE FOR BONUS DEVELOPMENT IN BURWOOD AND STRATHFIELD TOWN CENTRES

Council resolved at its Meeting of 26 October 2015 to approve in principle, the monetary contribution rate of $1,100 per sqm gross floor area (GFA) for bonus development in the Burwood and Strathfield Town Centres, and to place the rate on public exhibition in accordance with Sections 610F and 705 of the Local Government Act 1993. No submissions were received during the exhibition period. The proposed monetary contribution rate is now put to Council for approval.

6/16 RESOLVED (Carried Unanimously) MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

1. That Council adopt the monetary contribution rate of $1,100 per sqm GFA for bonus development within the Burwood and Strathfield Town Centres.

2. That the new rate be incorporated into Council’s Schedule of Fees and Charges for the 2015 – 2016 Financial Year.

3. That the new rate is applied to any development proposal involving bonus development received by Council on or after 15 October 2015, as per Council’s resolution of 26 October 2015.

4. That the General Manager be delegated the review and adjustment of the monetary contribution rate periodically, and/or negotiate a rate as part of a VPA as per Council’s resolution of 26 October 2015.

(Moved Deputy Mayor George Mannah/Seconded Councillor Sally Deans)

(ITEM 4/16) VOLUNTARY PLANNING AGREEMENT - NOS. 1-3 MARMADUKE STREET AND 7 DEANE STREET, BURWOOD

A draft Voluntary Planning Agreement (VPA) and Explanatory Note (EN) prepared in connection with a Development Application (DA) at Nos. 1-3 Marmaduke Street and 7 Deane Street, Burwood have been publicly notified in accordance with the relevant legislation. The draft VPA provides for the developer to pay a monetary contribution to Council for the purposes of providing, augmenting or improving open space, community facilities or other public facilities as determined by Council, in exchange for additional development on the site. This report discusses the draft VPA and comments on the two submissions received. Council’s endorsement is sought to enter into the VPA.

1. That Council enter into the Voluntary Planning Agreement (VPA) for Nos. 1-3 Marmaduke Street and 7 Deane Street, Burwood for the provision of a monetary contribution towards public facilities after the granting of consent for the DA, which would include a condition requiring that the VPA be entered into.

2. That authority be granted to the General Manager to sign the VPA with the monetary contribution rate of $1,100 per sqm GFA, and any related documentation under his Power of Attorney.

3. That the General Manager be authorised to endorse minor revision of the VPA documents prior to execution.

4. That the Developer pay the monetary contribution to Council on or before the execution of the VPA by Council.

This is page 29 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 (Moved Councillor Justin Taunton/Seconded Deputy Mayor George Mannah)

Councillors Justin Taunton and George Mannah called for a DIVISION.

(ITEM PFC1/16) FEES AND CHARGES 2015/2016 - PROPOSED FEE FOR WEEKLY COMMERCIAL RECYCLING SERVICE

File No: 15/60361 Summary The purpose of this report is for Council to set a new fee for the provision of a weekly recycling service as part of Council’s commercial waste service and amend the current fortnightly recycling service fee. The proposed fee will be placed on public exhibition in accordance with the provisions of the Local Government Act 1993 (the Act) before being adopted.

8/16 RESOLVED (Carried Unanimously) 1. That Council approve the adoption of the following fees in principle:

. Commercial Waste:

a. weekly commercial recycling service $390 per annum (no GST is applicable) b. fortnightly commercial recycling service $195 per annum (no GST is applicable)

and that the fee and charge be placed on public exhibition for a period of 28 days in accordance with the requirements of Section 610F and 705 of the Act.

2. That the results of the public exhibition be reported to Council.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Justin Taunton) MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

COUNCILLOR LESLEY FURNEAUX-COOK LEFT THE MEETING AT 7:03PM

(ITEM 6/16) ADOPTION - DRAFT PERMIT PARKING SCHEME POLICY AND FEES AND CHARGES - FOLLOWING PUBLIC EXHIBITION

Council resolved at its Meeting of 7 December 2015 to approve the Draft Permit Parking Scheme Policy in principle. The Scheme has been reviewed in accordance with the current Public Parking Strategy and Roads & Maritime Services (RMS) Permit Parking Guidelines. The reviewed Scheme includes a new Commuter Parking Permit and associated fee, which would be made available to residents of Burwood south of Liverpool Road, as well as the inclusion of guidelines for temporary one-day permits. The fee of $55.00 (Including GST) for a Commuter Parking Permit was placed on public exhibition in accordance with Sections 610F and 705 of the Local Government Act 1993. No submissions were received within the exhibition period and the proposed fee is now put to Council for approval.

1. That Council adopt the proposed Commuter Parking Permit fee of $55.00 (including GST) and that the new information be incorporated into Council’s Schedule of Fees and Charges for the 2015-2016 Financial Year.

2. That the Commuter Parking Permits be limited to a maximum of two per street.

3. That Clifton Avenue be removed from the list of Commuter Parking Permit Areas and an alternate location be found on Paisley Road between Wallace Avenue and Charles Lane.

4. That the Commuter Parking Permits be trialed for 12 months.

COUNCILLOR LESLEY FURNEAUX-COOK RETURNED TO THE MEETING AT 7:05PM

(ITEM 5/16) SUBMISSION ON COUNCIL BOUNDARY REVIEW PROPOSAL - ENDORSEMENT

In January 2016, the Minister for Local Government announced the proposal of merging Burwood Council with Canada Bay and Strathfield Councils, as part of a broader program of reform that includes reducing the number of councils in Sydney from 43 to 25.

This is page 31 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 A draft submission to the New South Wales Government’s Council boundary review proposal is presented to Council for review and approval, before lodgement by the deadline of 28 February 2016.

In addition, the report includes a suggestion that the Mayor and Deputy Mayor, and an additional councillor nominated by the Mayor, form part of a possible Transition Council, should the Minister decide to manage the transition phase to new entities through representatives of current councils.

1. That Council reiterates it is fundamentally committed to standing alone, and that it only offers a merger preference in the face of forced amalgamations.

2. That if forced amalgamations should not proceed, Council reserves the right to withdraw its merger preference with City of Canada Bay and Strathfield Councils.

3. That Council approve the draft submission to the Delegate on the Council boundary review proposal.

4. That Council authorise the General Manager and the Mayor to make minor alterations to the draft submission, should additional information be required or come to light, with the final copy of the submission sent to councillors before lodgement

5. That Council authorise the General Manager to lodge the submission through the online portal set up for the Council Boundary Review program, by the deadline of 28 February 2016.

6. That, in the event of forced amalgamations, Council recommends that the Minister creates a Transition Council or Transition Committee comprising of three councillors for each Council, to manage the transition phase up to the next Local Government elections.

7. That Council authorise the Mayor to nominate a councillor, in addition to the Deputy Mayor, to form part of a Transition Council or Transition Committee, should the Minister opt for such option.

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

(ITEM 7/16) INVESTMENT REPORT AS AT 31 DECEMBER 2015

In accordance with Clause 212 of the Local Government (General) Regulation 2005, MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

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 December 2015 be received and endorsed.

2. That the Certificate of the Responsible Accounting Officer be received and noted.

(Moved Councillor Justin Taunton/Seconded Councillor Sally Deans)

(ITEM 8/16) INVESTMENT REPORT AS AT 31 JANUARY 2016

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 January 2016 be received and endorsed.

2. That the Certificate of the Responsible Accounting Officer be received and noted.

(ITEM 9/16) BUDGET REVIEW FOR QUARTER ENDING 31 DECEMBER 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 three Divisions (Office of the General Manager and two Divisions).

This report provides Council with the financial results for the period ending 31 December 2015, 2015-16 Financial Year. In accordance with the Local Government

This is page 33 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 (General) Regulations Clause 203(1) 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 $45,090 as at 31 December 2015 compared to the revised adopted forecast surplus of $80,203 as at 30 September 2015 which was adopted at the November 2015 Council Meeting. The reasons for the net decrease of $35,113 are outlined in the report.

1. That the Budget Review Statement of the 2015-16 Budget as at 31 December 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 $45,090, as shown in the report be approved and that Council’s adopted budget be adjusted accordingly and that the expenditure and income variations projected in the report be, and are hereby voted.

(Moved Councillor Sally Deans/Seconded Deputy Mayor George Mannah)

(ITEM 10/16) ENDORSEMENT - REVISED AGENCY INFORMATION GUIDE - GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009

Council’s Agency Information Guide – Government Information (Public Access) Act 2009 has been reviewed in accordance with the Information and Privacy Commission guidance and the Government Information (Public Access) Act 2009 (GIPA). The Agency Information Guide is now submitted for endorsement.

That Council endorse the Revised - Agency Information Guide in line with the requirements of the Government Public Access Information Act 2009.

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

(ITEM 11/16) DELIVERY PROGRAM 2013/17 - QUARTERLY REPORT FOR THE PERIOD ENDING 31 DECEMBER 2015 MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

Following the introduction of the Integrated Planning and Reporting framework in 2009, Section 404(5) of the Local Government Act 1993 requires that the General Manager provide progress reports to the Council, at least every six months, as to its progress with respect to the principal activities detailed in its Delivery Program.

As per Burwood Council’s Delivery Program 2013-17 (Strategic Goal 2.1.2), a review of the Program is to be presented to Council on a quarterly basis.

That Council endorse the Delivery Program 2013-17 Quarterly Report for the period ending 31 December 2015.

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

(ITEM 12/16) WEBB STREET, CROYDON - PEDESTRIAN CROSSING RELOCATION AND NEW DROP OFF/PICK UP ZONE

Council has received representations from some parents of Holy Innocents Primary School regarding the lack of drop off/pick up area on Webb Street, Croydon.

1. That Council approve the removal of the existing Children’s Crossing in Webb Street, Croydon, outside Holy Innocents Primary School, and approve the installation of a raised pedestrian crossing in Webb Street per the plan in the report.

2. That Council approve the installation of the new crossing in Webb Street as an at-grade crossing until such time as the raised crossing can be installed.

3. That Council approve the installation of 41m of ‘No Parking – Drop Off/Pick Up Zone” on the western side of Webb Street, 8.00am – 9.00am and 2.30pm – 4.00pm School Days, per the plan in the report.

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

REPORTS OF COMMITTEES

(ITEM RC1/16) MINUTES OF THE FEBRUARY 2016 BURWOOD LOCAL TRAFFIC COMMITTEE

This is page 35 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 File No: 16/5822 Summary

Attached are the Minutes of the Burwood Local Traffic Committee from its meeting of 4 February 2016. 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 4 February 2016 be noted and the recommendations of the Committee as detailed below be adopted as a resolution of the Council:

(ITEM LTC1/16) DEANE STREET & GEORGE STREET, BURWOOD - SHORT TERM PARKING Recommendation That Council approve the installation of ‘15 Minute Parking 6.00am – 9.00am Monday – Saturday’ on the northern side of Deane Street, and the southern side of George Street, Burwood, across the frontage of the property at 11-15 Deane Street, Burwood.

(ITEM LTC2/16) BLIGH STREET, BURWOOD HEIGHTS – CHANGES TO EXISTING LOADING ZONE Recommendation That Council approve the proposed introduction of time restrictions of ‘6.30am – 5.00pm’ to the existing 16 meter long ‘Loading Zone’ on the northern side of Bligh Street, Burwood Heights.

(ITEM LTC3/16) COBDEN STREET, ENFIELD - CHANGES TO EXISTING BUS ZONE Recommendation That Council convert the existing ‘Bus Zone’ on the western side of Cobden Street to ‘Bus Zone – 8.00am – 4.00pm School Days Only’.

(ITEM LTC4/16) GEAR UP GIRL - CYCLING EVENT Recommendations 1. That Council support the Gear up Girl event organised and run by Bicycle NSW on Sunday 13 March 2016. 2. That Council approve the Lees Avenue crossing Traffic Control Plan as shown in the report to assist participants.

(ITEM LTC5/16) EASTER PARADE 2016 - ROLLING ROAD CLOSURE ON BURWOOD ROAD, BURWOOD Recommendations 1. That Council approve the annual Easter Parade along Burwood Road from St Paul’s Anglican Parish Church to Burwood Park on Saturday 19 March 2016 commencing at 11.30am MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

2. The organisers/marshals ensure that all participants remain within the confines of the northbound lane of Burwood Road. 3. That the Parade be noted as being a Class 3 Event.

(ITEM LTC6/16) EXPERIENCE CROYDON PARK FESTIVAL Recommendations That Council approve the road closure of Seymour Street, between Georges River Road and Kater Place, Croydon Park, on Saturday 17 September 2016 between the hours of 6.00am and 6.00pm subject to the following: a) RMS concurrence is granted to close the streets listed above subject to a Traffic Management Plan being submitted to RMS. b) That the Croydon Park Chamber of Commerce notify Emergency services and public transport operators of the event (with a copy of the notification forwarded to Council). c) A copy of the Croydon Park Chamber of Commerce Public Liability Insurance for the event ($20 million) be provided to Council. d) Two weeks before the event the Croydon Park Chamber of Commerce notifies residents and businesses of Seymour Street between Georges River Road and Kater Place (outlining start and finish times, street closure details, and contact name and number for the day), with a copy of the notification forwarded to Council. e) Council provides barricades and signs in accordance with Work Cover requirements and AS1742.3 (2002) – Traffic Control for Works on Roads.

(Moved Councillor Sally Deans/Seconded Deputy Mayor George Mannah)

INFORMATION ITEMS

(ITEM IN1/16) REPORTS APPROVED UNDER DELEGATED AUTHORITY - DURING THE 2015/16 RECESS PERIOD

Council, at its meeting held 23 November 2015, granted delegated authority to the Mayor and General Manager and in the absence of the Mayor or General Manager to the Deputy Mayor to deal with matters during the Council recess period as follows:

1. That for the period from 8 December 2015 until the first Council Meeting of 2016 (23 February 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

This is page 37 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 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.

. 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:

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

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

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

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

Decisions Made During the Recess Period

The following decisions were made under Delegated Authority:

1. Croydon Station Upgrade

Recommendations as approved:

a. That the changes to the traffic and parking in Hennessey Street, Meta Street and Paisley Road, Croydon within the Burwood LGA as per the Traffic Control Plans be approved.

b. That all affected residents and businesses be notified prior to changes taking place.

2. Council Boundary Review – Memorandum of Understanding between Burwood, Canada Bay and Strathfield Councils to initiate due diligence review and transition planning

Recommendations as approved: MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

a. That the General Manager prepare a draft submission on the proposed merger of Burwood Council with City of Canada Bay Council and Strathfield Municipal Council based on the criteria listed in s263(3) of the Local Government Act, for the endorsement of Council at its meeting of 23 February 2016.

b. That the Mayor and General Manager sign the Draft Memorandum of Understanding for the transition to a new entity to allow the General Manager to commence essential contingency planning and share information with City of Canada Bay and Strathfield Municipal Councils.

c. That a financial allocation of $50,000 be made available from the General Manager’s Special Projects budget as a provisional amount to assist with developing a transition plan should the amalgamations proceed.

d. That the General Manager set up a small dedicated team of staff to liaise with relevant staff at Canada Bay and Strathfield Councils in order to develop a proposed transition framework and commence a preliminary due diligence review.

e. That the General Manager provide regular progress reports to Council once the transition planning activities commence.

3. Planning Proposal For Flower Power Site

a. That the Mayor and the Deputy Mayor be authorised to approve the resending of the proponent’s PP to the DP&E for Gateway Determination, with a covering letter reiterating Council’s objection the PP to be signed by the Mayor.

4. Upcoming Events for Visit of Mayor of IMAR Municipal Council Friendship City

a. That the Mayor and the Deputy Mayor be authorised to approve the reception at the Library & Community Hub and lunch at the Parliament House, The Strangers’ Dining Room, on 18 February 2016 for the approximate amount of $4000.

No Decision – Information Item Only

(ITEM IN2/16) SAFE AND CLEAN TEAM - QUARTERLY PERFORMANCE REPORT

File No: 16/2577

This is page 39 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 Summary

This report provides performance information on the Safe and Clean Team for the second quarter of the 2015/16 period.

The Safe and Clean Team operates on a daily basis between the hours of 10am to 6pm. The Safe and Clean Team patrols all main business streets in the Burwood Local Government Area including Burwood Road, Liverpool Road, The Boulevarde, The Strand and Georges River Road. The Safe and Clean Team like the name suggests focuses on ensuring that the main business streets are always clean by removing small waste and cleaning infrastructure as well as reporting all crime activity to Police and all local law breaches to Council. They provide a physical presence of Council along the main streets. Below is a summary of their performance for the period:

Activity October 2015 November December Total 2015 2015 Rubbish 1818 Litres 1826 Litres 1682 Litres 5326 Litres removed from roadway Shopping 433 441 288 1162 Trolleys reported and removed from main street Advertising 92 90 60 242 Posters removed Report Graffiti 0 0 0 0 on Council Property Report Road 5 5 11 21 Obstructions Report Crime 0 0 0 0

Small Spill 1 1 0 2 Clean Ups Distribute 0 0 0 0 Information Leaflets Report 2 2 1 5 Maintenance Issues

Note: The shopping trolleys were reported to the relevant company and removed within a 24 hour period as per the requirement.

The data highlighted that Burwood Road had the most rubbish removed during the period while Georges River Road had the least. Overall the presence of the Safe and Clean Team has made a huge impact towards the beautification of the main MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016 streets and the safety of the local community.

(ITEM IN3/16) ENVIRONMENTAL MANAGEMENT PLAN - ANNUAL PROGRESS REPORT 2015

This report provides an update on actions undertaken in relation to Council’s Sustainability and Environmental Action Plans for the 2015 calendar year.

Background

The delivery program 2011-15 (strategic Goal 3.6.4) requires that an Annual Report be submitted to Council summarising the actions for the various sustainability and environmental initiatives.

Council has numerous plans that are focused on Environmental Sustainability which include measures to promote and contribute to responsible decision making in order to lessen our impact on our local environment.

The Plans that Council has implemented include:

. Green Action Plan . Waste Less Recycle More Program Action Plan (formerly the Waste and Sustainability Improvement Payment Program Action Plan) . Water Savings Action Plan . Cities for Climate Protection program – Local Action Plan . Strategic Waste Action Plan . Litter and Illegal Dumping Action Plan

The actions undertaken and achieved for the nominated plans during 2015 are listed in the attached document.

(ITEM IN4/16) CONTAINER DEPOSIT SCHEME - PUBLIC CONSULTATION

The NSW Government released a discussion paper in December of 2015 for the development and implementation of a state based Container Deposit Scheme (CDS) which is to be implemented by 1 July 2017.

The discussion paper can be viewed at http://www.epa.nsw.gov.au/waste/container-

This is page 41 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 deposit-scheme.htm

The CDS aims to reduce drink container litter in accordance with the State Government’s aim of reducing litter in the environment. Similar schemes are successfully operating in both South Australia and the Northern Territory. The main criteria that the Government has identified for implementing such a scheme are that it:

. is cost efficient . gives people an incentive to return drink containers . targets drink containers used away from home . complements rather than competes with, existing kerbside collection services . uses modern technology such as reverse vending machines where possible

The government has committed to broad consultation with the community and stakeholders with a view to developing a CDS which will be world’s best practice.

The final date for submissions is 26 February 2016. Council is represented on a technical officers working group through SSROC with a view to developing and submitting a regional submission on the proposal to the Government.

The SSROC working group is considering all options as to the structure of the proposed scheme and potential affect it might have on existing Council operations including kerbside recycling collections and contracts. It is planned to have the SSROC submission completed and submitted prior to the closing date.

Further consultation will occur once a preferred system has been agree upon.

(ITEM IN5/16) MAYORAL DISCRETIONARY GRANTS - SMALL DONATIONS MADE FOR THE PERIOD ENDING 31 DECEMBER 2015

The Discretionary Grants – Small Donations Policy was reviewed by Council and adopted on 25 June 2013. As part of the Policy requirements a list of donations made is to be reported to Council on a quarterly basis. The attached table details the Discretionary Grants for the December quarter ending 2015

(ITEM IN6/16) POWER OF ATTORNEY FOR THE GENERAL MANAGER - NOVEMBER 2015 TO FEBRUARY 2016

File No: 16/5023 Summary MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

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 document was signed under power of attorney:

. 102-108 Liverpool Road, Enfield – Deed between Burwood Council and New Golden International Group Pty Limited to resolve unauthorised encroachments on 21 January 2016.

(ITEM IN7/16) ANSWERS TO QUESTIONS WITHOUT NOTICE - COUNCIL MEETING OF 7 DECEMBER 2015

At the Council Meeting of 7 December 2015 the following Questions without Notice (QWN) were submitted by Councillors. Council Officers responded to the QWN and Councillors were notified on 9 December 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 7 DECEMBER 2015 Question Response Q54 – Councillor Lesley Furneaux- A specific Asbestos Management Plan Cook was not requested, however, the Consent that was issued PLC is undergoing major renovations (BD.2015.049) includes conditions near Meta Street, Croydon, given the requiring the proper and legal removal age of the building, does the school of any asbestos throughout the have an Asbestos Removal Plan in demolition process, as well as place? compliance with the Australian Standard for demolition.

There is also the requirement for a site validation report relating to site contamination to certify that the property is suitable for the proposed use. The report is to be submitted to Council for approval prior to the issue of an Occupation Certificate. Council has also included the requirement for the submission of an Environmental Management Plan, which can be enforced during the course of the development in regards to Asbestos.

This is page 43 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 If there are any specific concerns about asbestos, these should be reported to the Private Certifying Authority (PCA) as Council is not the Certifying Authority for this development. The PCA details are:

Mr Maurice Freixas, Accredited Certifier Dix Gardner Group Pty Ltd Level 4, 155 Castlereagh Street, Sydney NSW 2000 Phone: 9279 3657 Q55 – Councillor Lesley Furneaux- The right of appeal from a decision of Cook the JRPP to an applicant or to an objector is the same right as any What is the process of appeal by decision by the Council. An applicant Council or other parties to the has the right of an appeal to the Land & determination by the JRPP especially if Environment Court of NSW who may Council has made an objection and was be unsatisfied with part or all of a unable to be represented on the Panel? determination. A third party has the right to challenge a decision of Council or the JRPP but only on a point of law or breach of process. There is no third party appeal on merit issues.

(ITEM IN8/16) PETITIONS

Council has received six petitions since the last Council Meeting.

Background

Date Petition Subject No. of No. of Responsibl Received Househo Househo e Council ld within ld Division the LGA outside the LGA 17 Residents objecting to the 19 0 Land, December rezoning of Esher Street East, Infrastructur 2015 Milton Street North and e and Shaftesbury Road West Environmen t 25 January Residents objecting to 19 0 Land, 2016 Development Application Infrastructur BD.2015.195 at 62-66 e and MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

Parramatta Road, Croydon – Environmen Demolition and Construction t of One and Two Storey Dwelling Including Pool 27 January Residents objecting to 4 0 Land, 2016 Development Application Infrastructur BD.2015.177 at 8-10 Oxford e and Street, Burwood – Environmen Construction of an 8-storey t building as boarding house with basement parking 28 January Residents objecting to 68 0 Land, 2016 Development Application Infrastructur BD.2015.181 at 9-11 Oxford e and Street & 98 Wentworth Road, Environmen Burwood – Demolition and t Construction of 4 storey and 8 Storey Residential Flat Building 29 January Residents objecting to 22 0 Land, 2016 Development Application Infrastructur BD.2015.184 at 37 Nicholson e and Street, Burwood – Environmen Construction of 6 t Townhouses above basement parking 2 February Residents objecting to 40 0 Land, 2016 Development Application Infrastructur BD.2014.170 at 282-275 e and Liverpool Road, Enfield – Environmen Demolition and Construction 3 t Storey Residential Flat Building with single storey car park includes 18 Apartments and 22 car spaces

Comments

That Council notes that the Petitions have been referred to the appropriate Council Officers for attention.

(ITEM IN9/16) PRE-GATEWAY REVIEW OF PLANNING PROPOSAL FOR SOUTHERN SIDE OF COOPER STREET, STRATHFIELD

This report provides an update on the pre-gateway review of the Planning Proposal

This is page 45 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 (PP) for the southern side of Cooper Street, Strathfield.

(ITEM IN10/16) PEDESTRIAN AND TRAFFIC MANAGEMENT AROUND CROYDON STATION

Council received a letter dated 15 February 2016 from Dr Paul Burgis, Principal of Presbyterian Ladies College (PLC), in relation to pedestrian and traffic management around Croydon Station. Dr Burgis advised that there is currently major development works being undertaken within the school known as the ‘Gateway Project’. This project requires construction vehicles access to and from the school via cul-de-sac at the northern end of Meta Street.

In the letter Dr Burgis raised concerns about an upcoming temporary road closure at the intersection of Meta Street and Hennessey Street to facilitate the concurrent Transport for NSW (TfNSW) upgrade works at Croydon Station, and the impact it would have upon the school’s construction program. To address this potential conflict Dr Burgis proposed relocation of the school’s construction vehicle access as well as the relocation of the existing pedestrian crossing in Young Street further west.

In order to ensure all stakeholders were aware of upcoming road closures and proposed changes to pedestrian and traffic management around Croydon Station, a meeting was held on 18 February 2016 with representatives of PLC, TfNSW, Burwood Council, Ashfield Council and John Holland Constructions, the principal contractor undertaking the Croydon Station upgrade project. At the meeting it was confirmed that the closure of the intersection at Meta Street and Hennessey Street is required for one or two occasions per year by John Holland Constructions, and would take place over the weekend. It was also confirmed that the closure would not commence until after 1.00pm on the Saturday to allow PLC to work up until their approved construction time.

As a result of the confirmation by John Holland Construction of the temporary road closure extent, it was agreed that PLC would not be required to relocate their construction vehicle access away from Meta Street, nor would the relocation of the existing pedestrian crossing in Young Street be required.

Following this, Burwood Council Officers agreed to work with PLC to help improve access to and from the school via Meta Street whilst also ensuring pedestrian safety is maintained, and parking is provided wherever possible to assist businesses along Hennessey Street. In addition to this, John Holland Constructions Project Manager agreed to ensure regular updates were provided to PLC in relation to any future road closures which may impact upon the school. MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

(ITEM MM1/16) DRAINAGE & STORMWATER ISSUES IN HUNT STREET ENFIELD AND ACTON STREET CROYDON

I have recently received representation from local residents in Hunt Street Enfield, Acton Street Croydon and Launcelot Avenue Croydon Park about excess overland flooding associated with the recent unseasonal downpours in Sydney. I am aware of the level of water inundation that has occurred in Sydney as a result of our recent storms in January 2016 is unprecedented.

The severity and duration of the rainfall has broken water records in Sydney and has caused problems in some of our streets in Burwood.

Upon meeting with residents in Hunt Street, I noticed that the end of Hunt Street closest to Henley Park is a dead end. However, similar streets like Short Street end in a cul-de-sac which has been designed to allow any capture in stormwater to flow through the culd-de-sac into Henley Park.

I, therefore, ask the General Manager to investigate the drainage and stormwater issues in Hunt Street, Acton Street Croydon (intersection with Monash Parade Croydon) and Launcelot Avenue Croydon Park; consider a redesign at the end of Hunt Street to provide for an access path of street water through to and onto Henley Park; the Mayor send a letter to the residents in Hunt Street explaining that an investigation of the flood issues is to be undertaken and, depending on the design outcomes, the funding will be considered as part of a review of this year’s Capital Works budget or in next year’s Capital Works budget.

1. The General Manager to investigate the drainage and stormwater issues in Hunt Street Enfield, Acton Street Croydon (intersection with Monash Parade Croydon) and Launcelot Avenue Croydon Park. 2. The investigation to include a redesign at the end of Hunt Street Enfield to provide for an access path of street water through to and onto Henley Park.

3. The Mayor sends a letter to the residents in Hunt Street Enfield and Acton Street Croydon explaining that an investigation of the flood issues is to be undertaken and, depending on the design outcomes, the funding will be considered as part of a review of this year’s Capital Works budget or in next year’s Capital Works budget.

CONFIDENTIAL ITEMS - CLOSED SESSION 19/16 RESOLVED (Carried Unanimously)

This is page 47 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 That the meeting move into closed session in order to consider Item 13/16 Tender for Provision of Civil Works Panel 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 and Item 14/16 59B Park Road Burwood – Sale of Land Parcel – Change of Name of Purchaser to be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (d) of the Local Government Act 1993, as the matter involves 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.

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 7.27PM THE PUBLIC AND PRESS EXCLUDED FROM THE MEETING.

THE MEETING RESUMED IN OPEN SESSION AT 7.32PM

(ITEM 13/16) TENDER FOR PROVISION OF CIVIL WORKS PANEL

File No: 16/6067 That above item 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.

1. That in relation to the Tender for the Provision of Minor Civil Works, the proposed appointments of the Contractors (listed in the Conclusion section of this report) be accepted and awarded as Panel Source Suppliers in no order of preference to Burwood Council for the period of 23 February 2016 to 22 February 2018.

2. That a provision be allowed for a 12 month extension based on a satisfactory supplier performance which may take contract through to 22 February 2019. MINUTES OF BURWOOD COUNCIL MEETINGS 23 FEBRUARY 2016

3. That authority is granted to the General Manager to sign the Tender Contracts and any related documentation in accordance with the Power of Attorney granted to him by Council.

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

(ITEM 14/16) 59B PARK ROAD BURWOOD - SALE OF LAND PARCEL - CHANGE OF NAME OF PURCHASER

File No: 16/4117 That above item be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (d) of the Local Government Act, 1993, as the matter involves 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.

That in regard to Community Land, Lot 2 DP 615429, known as 59B Park Road Burwood:

1. Part of the resolution of Council dated 25 May 2015 relating to the acceptance of the offer of Mr Joe Bechara on behalf of J and DP, JE and E Bechara to purchase the land for $18,000 (including GST) subject to each party meeting its own legal costs in the matter – be rescinded.

2. Council sell the land parcel to JHM Property Development Pty Ltd for $18,000 (incl GST) subject to each party meeting its own legal costs in the matter.

3. The General Manager sign all relevant documentation in accordance with the Power of Attorney granted to him by Council.

QUESTIONS WITHOUT NOTICE

The following Questions Without Notice were submitted at the Meeting:

Councillor Lesley Furneaux-Cook

Can Council give Councillors a copy of its submission regarding the proposed amendments to the Local Government Act?

Councillor Lesley Furneaux-Cook

What are the proposed Council activities celebrating International Women’s Day (8 March) and can all Councillors be invited to attend?

This is page 49 of the Minutes of the Meeting of Burwood Council held on 23 February 2016 Councillor Lesley Furneaux-Cook

Will Council Officers put in a submission to the Department of Planning regarding amendment to the Exempt and Complying Development Code as per our neighbouring Councils?

Councillor George Mannah

Can Council investigate the installation/erection of an appropriate shade structure at the community outdoor area (Railway Square) on the corner of Burwood Road and Railway Parade? Issues raised by local residents sitting and watching TV screen or reading newspaper and relaxing.

Councillor Justin Taunton

Local Traffic Committee – Can Council advise how many times per year it physically meets and what type of decisions are made via email and which are referred to the Local Traffic Committee for an actual meeting?

15 minute free parking – Can Council investigate options for implementing a 15 minute free parking time prior to paid parking being applicable? Similar to a scheme that Leichhardt Council has.

Sydney Trains Graffiti Removal – Railway overbridge on Burwood Road and Burwood Station – can this be investigated?

This concluded the business of the meeting and Council rose at 7.40pm.

Confirmed this 22nd Day of March 2016.

MAYOR GENERAL MANAGER