20 DECEMBER 1999

Meeting No 1303

MINUTES of a Meeting of the Council of the City of Sydney held in the Council Chamber at the Sydney Town Hall, commencing at 5.40pm on 20 December 1999 pursuant to Notice 19/1303 dated 16 December 1999.

INDEX TO MINUTES Subject Page No.

1. Confirmation of Minutes...... 995 2. Minutes by the Lord Mayor - Museum of Contemporary Art ...... 995

Monday 20 December 1999 994

Subject Page No.

3. Memorandum by the General Manager - Contributions to City Improvements Program...... 997 4. Matters for Tabling ...... 998 Reports of Committees - 5. Finance, Properties and Tenders Committee - 13 December 1999...... 999 6. Cultural and City Care Committee - 13 December 1999 ...... 1002 7. Community Services, Small Business and Tourism Committee - 13 December 1999...... 1018 8. Planning Development and Transport Committee - 13 December 1999...... 1021 Reports to Council - 9. Central Sydney Local Environmental Plan 1996 - Draft Amendment No. 10 and Central Sydney Development Control Plan 1996 - Draft Amendment No. 10: Exempt and Complying Development...... 1074 10. Development Application: 441-459 Pitt Street (Cnr Hay Street and Campbell Street Haymarket) – The Manning Building ...... 1074 11. Development Application: Mann Judd House, 159-165 Kent Street, Sydney ...... 1091 12. Investments Held by Council as at 30 November 1999...... 1092 13. Electronic Message Retention and Disposal Policy...... 1092 14. Sydney Sculpture Walk - Status Report ...... 1099 15. Questions - Questions On Notice ...... 1103 Questions Without Notice ...... 1107 16. Motions...... 1108 17. City Care Trees – Tender No 9928 - Quarterly Tree Supply Program ...... 1109 18. Section 96(2) Application: 350-360 Pitt Street and 127-131 Liverpool Street, Sydney (Shark Bar)...... 1099 19. Definition of Height for Development Application: MSB Stores, 1 High Street, 125a Kent Street and 30-38 Hickson Road, Millers Point ...... 1101

PRESENT

The Right Hon The Lord Mayor Councillor Frank Sartor (Chairman)

Councillors - Dixie Coulton, Nick Farr-Jones, Kathryn Greiner, Robert Ho, Fabian Marsden and Lucy Turnbull.

At the commencement of business at 5.40pm those present were:-

The Lord Mayor, Councillors Coulton, Farr-Jones, Greiner, Ho, Marsden and Turnbull. 995 Monday 20 December 1999

The General Manager, Deputy General Manager, Director City Development, Director City Projects, and Director Legal and Secretariat were also present.

Opening Prayer

The Lord Mayor opened the meeting with prayer.

ITEM 1. CONFIRMATION OF MINUTES

Moved by the Chairman (the Lord Mayor), seconded by Councillor Ho -

That the Minutes of the Meeting of Council of 29 November 1999, as circulated to Councillors, be confirmed.

Carried.

ITEM 2. MUSEUM OF CONTEMPORARY ART

FILE NO. DATE: 20/12/99

MINUTE BY THE LORD MAYOR

To Council:

As colleagues are aware, the City of Sydney has been asked to consider taking a role in the Museum of Contemporary Art. That role could range from something as simple as annual funding to taking responsibility for both the museum and the building in which it is housed.

Discussions have been held with a range of international institutions, New South Wales Government officials, the Museum of Contemporary Art (including a Board sub- committee and the Director), the University of Sydney, and a Reference Group comprising Betty Churcher, Terence Maloon, Bernard Ollis, Tristram Miall and Wendy Sharpe.

Investigations are still at a preliminary stage. However it is clear that for Council to be able to consider this matter with a view to forming a final position in March, a number of consultancies will need to be commissioned to advise on specific issues such as heritage and archaeological limitations, structural limitations, architectural options, financial issues, and, most importantly, a new mandate and brief. The purpose of the Reference Group is to deal with the issue of the MCA’s brief.

I believe it is important for the City of Sydney to consider seriously whether or not it wishes to become involved. There is potential for enormous benefits to both Central Sydney and greater Sydney from an expanded and revitalised Museum of Contemporary Art at Circular Quay, if the terms are satisfactory to the Council. Monday 20 December 1999 996

No commitments have been given to date, nor has the matter been progressed to the point where a recommendation could be put to Council that the City become involved.

Accordingly, I recommend that Council: a) formally confirm its support for detailed studies to be carried out to inform Council as to whether or not it should become involved with the MCA, and what, if any, changes should be made to the MCA (regardless of the City’s involvement). b) that the General Manager be authorised to commission consultants as necessary to provide this analysis for Council, in consultation with the Lord Mayor, and the Priorities and Outcomes Committee as appropriate. c) that Councillors be briefed when sufficient work has been undertaken.

(SGD) COUNCILLOR FRANK SARTOR Lord Mayor

Moved by Councillor Turnbull, seconded by Councillor Marsden -

That arising from consideration of a Minute by the Lord Mayor to Council on 20 December 1999, on the Museum of Contemporary Art (MCA), it be resolved that -

(A) Council formally confirm its support for detailed studies to be carried out to inform Council as to whether or not it should become involved with the MCA, and what, if any, changes should be made to the MCA (regardless of the City’s involvement);

(B) authority be delegated to the General Manager to commission consultants as necessary to provide this analysis for Council, in consultation with the Lord Mayor, and the Priorities and Outcomes Committee as appropriate;

(C) Councillors be briefed when sufficient work has been undertaken.

Carried.

ADDITIONAL MATTERS FOR COUNCIL

FILE NO: DATE: 17/12/99

MINUTE BY THE LORD MAYOR

To Council:

Attached for consideration by Council at its meeting on 20 December 1999 are -

· a Memorandum by the General Manager on Contributions to City Improvement Program 997 Monday 20 December 1999

· a report by the Area Planning Manager on Section 96(2) Application: 350-360 Pitt Street and 127-131 Liverpool Street, Sydney (Shark Bar).

I bring forward these items for the consideration of Council.

(SGD) COUNCILLOR FRANK SARTOR Lord Mayor

ITEM 3. CONTRIBUTIONS TO CITY IMPROVEMENTS PROGRAM (S005332)

FILE NO: S005332 DATE: 17/12/99

MEMORANDUM BY THE GENERAL MANAGER

To Council:

The Council has been previously advised by minute of the Lord Mayor dated 16 August 1999 of the significant contribution of the corporate sector to the City Improvements Program. Most recently, a contribution of $500,000 has been received from GPT Management Pty Limited pursuant to a Deed of Agreement entered into with the City. In accordance with that Deed, the money will be applied by the City to street improvement works within Martin Place and George Street.

It is appropriate that this significant contribution be acknowledged.

RECOMMENDATION:

That arising from consideration of a Memorandum by the General Manager to Council on 20 December 1999, on Contributions to City Improvements Program, it be resolved that the contribution by GPT Management Pty Limited to the City Improvements Program be noted.

(SGD) GREG MADDOCK General Manager

Moved by the Chairman (the Lord Mayor), seconded by Councillor Turnbull -

That arising from consideration of a Memorandum by the General Manager to Council on 20 December 1999, on Contributions to City Improvements Program, it be resolved that the contribution by GPT Management Pty Limited to the City Improvements Program be noted.

Carried. Monday 20 December 1999 998

ITEM 18. SECTION 96(2) APPLICATION: 350-360 PITT STREET AND 127-131 LIVERPOOL STREET, SYDNEY (SHARK BAR)

Note - This matter was dealt with at a later stage of the meeting under Reports to Council.

ITEM 4. MATTERS FOR TABLING

Pecuniary interest returns that had been lodged in accordance with Sections 449(1) and 449(3) of the Local Government Act 1993 were laid on the table.

The following reports had been received and laid on the table:

Department of Local Government Annual Report 1998-1999

New South Wales Fire Brigades Annual Report 1998-1999

New South Wales Institute of Sport Annual Report 1998-1999

South Eastern Sydney Area Annual Report 1998-1999

Southern Sydney Regional Annual Report 1999 Organisation of Councils (SSROC)

Sydney Airports Corporation Limited Annual Report 1999

Moved by the Chairman (the Lord Mayor), seconded by Councillor Turnbull -

That the Disclosure of Pecuniary Interests returns and reports be received and noted.

Carried. 999 Monday 20 December 1999

ITEM 5. REPORT OF THE FINANCE, PROPERTIES AND TENDERS COMMITTEE - 13 DECEMBER 1999

PRESENT

The Right Hon The Lord Mayor Councillor Frank Sartor (Chairman)

Councillors Dixie Coulton, Nick Farr-Jones, Kathryn Greiner, and Robert Ho.

At the commencement of business at 5.15 pm, those present were -

The Lord Mayor, Councillors Coulton, Farr-Jones, Greiner and Ho.

Apology

Councillor Turnbull extended her apologies for her inability to attend the Finance, Properties and Tenders Committee as she was absent from Sydney.

Moved by the Chairman (the Lord Mayor), seconded by the Councillor Greiner -

That the apology from Councillor Turnbull be accepted and leave of absence from the meeting be granted.

Carried.

Closed meeting

At 5.32 pm the Finance, Properties and Tenders Committee resolved to close the meeting to the public to discuss Item 5.3 on the Agenda.

The meeting of the Finance, Properties and Tenders Committee concluded at 5.45 pm.

Report of the Committee

Moved by the Chairman (the Lord Mayor), seconded by the Councillor Turnbull -

That the Report of the Finance, Properties and Tenders Committee of its meeting of 13 December 1999 be received, and the recommendations set out below for Items 5.1 to 5.3, inclusive, be adopted.

Carried.

The Committee recommended the following:- Monday 20 December 1999 1000

WRITE-OFF OUTSTANDING RATES – CONVENTION CENTRE AND CARPARK (S008571)

5.1

That arising from consideration of a report by the Finance Manager to the Finance, Properties and Tenders Committee on 13 December, regarding write-off of outstanding rates, Darling Harbour Convention and Exhibition Centre and carpark, it be resolved that:-

(A) the outstanding rates and interest as specified in the subject report be written off as irrecoverable.

(B) the General Manager prepare a submission to the NSW Government for a legislative amendment to prevent the exploitation of the loophole identified in the subject report and to prevent the undermining of the rate base of the City of Sydney and local government generally.

Carried.

GST IMPACT ON 1999/2000 FEES & CHARGES (S009833)

5.2

That arising from consideration of a report by the Policy, Planning & Projects Accountant to the Finance, Properties and Tenders Committee on 13 December 1999 on the impact of GST upon the current year’s fees and charges, it be resolved that:-

(A) subject to compliance with the Local Government Act, and any other relevant legislation, authority be delegated to the General Manager to approve an appropriate increase in any fees and charges, that will be paid for on or before 30 June 2000 but for which the taxable supply will extend beyond 1 July 2000, to incorporate the impact of the GST, having regard to the nature of the relevant fee or charge;

(B) the increase will be limited to the proportion of supply relating to the period post 1 July 2000;

(C) the increase will only apply to those fees and charges that have not been declared “GST free” by either the legislation itself, or under Treasurer’s Determination;

(D) the General Manager provide a progress report to the first Council meeting in April 2000, which itemises the fees and charges for which adjustments need to be made prior to the beginning of the financial year for which those fees and charges apply.

Carried. 1001 Monday 20 December 1999

Closed Meeting

At 5.32 pm the Finance, Properties and Tenders Committee resolved -

That, due notice of the intention to close the meeting having been given, the meeting be closed in accordance with the provisions of Section 10A (2)(d)(i) of the Local Government Act 1993 to discuss Item 5.3 on the agenda as this matter contained commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the persons who supplied it; and it was further resolved that the meeting be closed for this item on the basis that discussion of this matter in open session would, on balance, be contrary to the public interest, specifically, there is a need to preserve confidentiality having regard to the subject matters and the circumstances of communications.

Item 5.3 was then dealt with by the Finance, Properties and Tenders Committee while the meeting was closed to the public, and was subsequently dealt with by Council in open session.

PROPOSED SALE OF SURPLUS LAND AT ALBERT STREET WASTE DISPOSAL DEPOT, ST PETERS (S007092)

5.3

That arising from consideration of a report by the Senior Property Manager to the Finance, Properties and Tenders Committee on 13 December 1999 on the Proposed Sale of Surplus Land at Albert Street Waste Disposal Depot, St Peters, it be resolved that:

(A) The highest offer to purchase the site as detailed in paragraph 12 of the subject report be accepted;

(B) Authority be delegated to the General Manager to finalise the sale arrangements and execute all documentation for the sale of the subject land.

Carried. Monday 20 December 1999 1002

ITEM 6. REPORT OF THE CULTURAL AND CITY CARE COMMITTEE - 13 DECEMBER 1999

PRESENT

Councillor Dixie Coulton (Chairman)

The Lord Mayor (Councillor Frank Sartor), Councillors Nick Farr-Jones, Kathryn Greiner, and Robert Ho.

At the commencement of business at 5.46 pm, those present were -

The Lord Mayor, Councillors Coulton, Farr-Jones, Greiner and Ho.

Apology

Councillor Turnbull extended her apologies for her inability to attend the Cultural and City Care Committee as she was absent from Sydney.

Moved by the Chairman (Councillor Coulton), seconded by the Lord Mayor -

That the apology from Councillor Turnbull be accepted and leave of absence from the meeting be granted.

Carried.

The meeting of the Cultural and City Care Committee concluded at 6.15 pm.

Report of the Committee

Moved by Councillor Coulton, seconded by Councillor Greiner -

That the Report of the Cultural and City Care Committee of its meeting of 13 December 1999 be received, and the recommendations set out below for Item 6.1 be adopted, with Item 6.2 being dealt with as shown immediately following that item.

Carried.

The Committee recommended the following - 1003 Monday 20 December 1999

BUSKING POLICY (S06-02841)

6.1

That, further to Resolution of Council of 1 October 1999, and arising from consideration of a further report by the Cultural Policy Officer to the Cultural & City Care Committee on 13 December 1999 on the City of Sydney Busking Policy, it be resolved that:-

(A) The 1999 reviewed Busking Policy for the City of Sydney as follows be adopted, for implementation from 1 January 2000.

(B) The City of Sydney commence the consultation on and development of an Interim Busking Policy for the Olympic Games Period in the terms and conditions outlined in the subject report, such policy to be adopted and implemented by the Olympic Co-ordination Authority during the period of the Olympic Games.

Carried. Monday 20 December 1999 1004

CITY OF SYDNEY BUSKING POLICY

1 GLOSSARY OF TERMS

For the purposes of this policy the following definitions apply:

1.1 Busker: An entertainer who provides impromptu performances for the public by playing a musical instrument, dancing, singing, clowning or juggling, or doing other acts of a similar nature in public places. 1.2 Performance: Musical, dramatic or other entertainment substantially involving musical, theatrical, or circus performance skills. 1.3 Soliciting of funds: The act of asking, begging, seeking or requesting money or goods from members of the public in a manner which is likely to cause discomfort to the person requested. 1.4 Offering for sale: The display or demonstration of items, particularly multiples of items, with an implication that they are available for sale or otherwise in exchange for money. 1.5 Dangerous materials and implements: Materials and implements that pose risk, hazard or uncertain outcomes for people. Dangerous materials include flammable materials and chemicals, fire, fireworks, smoke, flairs, heated elements, or anything giving off a level of heat or toxicity that poses a threat of harm or damage to members of the public and public property. Dangerous implements include knives, spears, swords, spikes, and sharp implements of any kind that pose a threat of harm to the general public. 1.6 Restricted areas: Specified areas within the city that have had restrictions placed on busking activities that may occur in them. 1.7 Designated sites: Specified sites within restricted areas where busking can occur under defined conditions. 1.8 Circle acts: Structured performances requiring the audience to stop and watch or participate in the performance. Approximate duration: 20 minutes. 1.9 Walk-by acts: Spontaneous performances where the audience is not required to stop and watch.

2 OBJECTIVES

This policy has been developed:

2.1 To encourage activities that contribute colour and life to the City and opportunities for alternate voices to be heard through public performance. 1005 Monday 20 December 1999

CITY OF SYDNEY BUSKING POLICY

2.2 To provide an equitable system of use for popular busking sites in the city among the buskers earning a living through their art form. 2.3 To identify and qualify locations suitable as busking sites. 2.4 To minimise complaints, criticism and other problems associated with buskers operating in the Sydney area, while supporting the rights of individuals to express themselves in a democratic manner.

3 PRINCIPLES

The City of Sydney Council recognises that:

3.1 Sydney has a strong tradition of busking and buskers contribute to a sense of place in the city of Sydney. 3.2 Buskers make an important contribution to the cultural life of a city by reflecting styles, values and the issues of society at large. 3.3 Buskers provide entertainment and thought provoking experiences to tourists and members of the general public. 3.4 Busking is a valid means for people to make a living. 3.5 Busking should not unduly interfere with pedestrian traffic, the conduct of business, or contribute to a lack of safety.

4 CONDITIONS

This policy covers the City of Sydney local government area WITH THE EXCEPTION OF THOSE AREAS UNDER THE RESPONSIBILITY OF:

Sydney Harbour Foreshore Authority: (The Rocks) Royal Botanic Gardens Trust: (The Domain and Royal Botanic Gardens) Darling Harbour Authority: (Darling Harbour, Tumbalong Park etc.) The Opera House Trust: (Opera House steps, concourse and forecourts.)

For information about busking in these areas please contact the authority responsible.

Authorised busking is permitted anywhere in the City of Sydney (with the exception of the areas identified above) under the conditions outlined in this section. However, some areas of the city are restricted to the use of designated sites for busking activities and additional special conditions apply to busking in these areas. Restricted areas, designated sites and conditions for the use of them are identified in section 5 of the policy.

Busking activities are covered for public liability under the City of Sydney’s insurance policy whilst ever the busker complies with the conditions and requirements for busking contained in this policy. Monday 20 December 1999 1006

CITY OF SYDNEY BUSKING POLICY

Obtaining an authorised permit to busk in the city:

4.1 Buskers must hold an authorised permit to busk, issued by the City of Sydney. Permits may be obtained from the City of Sydney One Stop Shop, following payment of:

4.1.1 $10 for a three (3) month permit, based around four yearly quarters (or $5 if within the last half of the quarter,) or;

4.1.2 $40 for an annual permit.

4.2 For the purposes of identification, applicants will be required to present or provide the following items at the time of application before a Busking permit will be issued: 4.2.1 Photographic proof of identity in one of the following forms:

4.2.1.1 a current motor vehicle driver’s license, 4.2.1.2 a student identity/proof of age card, or, 4.2.1.3 a current passport.

4.2.2 Australian Income Tax File number on the permit application form. 4.2.3 Passport and appropriate Work Visa if the applicant is a non- resident of Australia. 4.2.4 Proof of parental consent for applicants under the age of 18 years. Consent forms signed by applicants’ parents or guardians must be lodged at the time of application for a permit to busk. Consent forms can be obtained from the City of Sydney One Stop. 4.3 Annual Busking Permits are valid from January to December of any one year and must be renewed prior to or by the expiry date of 31 December each year. 4.4 Details of Buskers holding Permits to Busk will be entered into a Register of approvals granted by City of Sydney pursuant to section 113 of the Local Government Act. Additionally, pursuant to Sections 113(2) and 113(5) of the act the information recorded will include the name and address of the person or persons to whom the approval is granted and this information will be available for public inspection without charge during ordinary office hours. 4.5 Permits are not transferable. 4.6 By signing the Application for Permit to Busk in the appropriate space, applicants must agree to comply with: 1007 Monday 20 December 1999

CITY OF SYDNEY BUSKING POLICY

4.6.1 The requirements for obtaining busking permits and special busking permits, and,

4.6.2 The conditions for busking in the city in both unrestricted and the designated sites in restricted areas.

Conditions for busking in the city:

In relation to busking in all areas of the city (with the exception of those areas outside the authority of the City of Sydney), whether in restricted or unrestricted areas, the following conditions apply;

4.7 Buskers must display their Permits to Busk in a prominent, highly visible position in the busking site at all times during their acts. 4.8 Buskers must not unreasonably interfere with pedestrian flow or public amenities or cause obstruction to traders or delivery vehicles, including by way of encouraging audience formation in such a manner as to cause such interference. 4.9 When performing in Restricted Areas, buskers must use the designated sites specified in Section 5 of this Policy and no other area under the conditions specified for each designated site. 4.10 When performing in Restricted Areas, buskers may perform for a maximum of 2 hours in any one designated site. 4.11 Buskers may receive voluntary donations from the audience but may not solicit funds. 4.12 Buskers must keep the site in use clean while they are working and ensure that their use of the site does not pose a threat to public safety. 4.13 Buskers may only use amplification that is battery operated. Mains voltage amplification is prohibited. 4.14 Buskers may not offer goods and services for sale, display, demonstrate or advertise goods for sale or associate themselves with such advertising in conjunction with their performance. 4.15 Buskers who are utilising pavement (chalk) art as a form of entertainment may only do so under the terms and conditions outlined in Annexure 1. Monday 20 December 1999 1008

CITY OF SYDNEY BUSKING POLICY

4.16 Buskers may only use dangerous implements and materials, as defined in 1.5, if they hold a Special Busking Permit to do so, and must comply with the terms and conditions in the Code of Practice at Annexure 2. Special Busking Permits may be obtained from the One Stop Shop and require a ‘Peer Endorsement’ form to be completed and signed by the two peers appointed by the Busking Policy Review Committee. Contact details for peer endorsement will be provided at the One Stop Shop. 4.17 Authorised officers of the City of Sydney may at any time request a busker to cease busking if the officer is of the opinion that the performance is causing public inconvenience or is, or is likely to cause harm to the public or property. The busker must immediately comply with such a request. 4.18 Buskers must also comply with directions issued by authorised officers of the Sydney Harbour Foreshore Authority, where the site falls within the Authority’s area of responsibility, members of the NSW Police Force, Ambulance, Fire and any other Emergency Services. 4.19 Pursuant to sections 89, 109, 110 and 124 of the Local Government Act, City of Sydney may revoke or modify permits if the permit holder fails to comply with the requirements and conditions of approval. The City of Sydney may serve notice upon the person or persons holding a busking permit giving reasons for the revocation or modification of the permit and providing the permit holder with the opportunity to show cause why the approval should not be revoked or modified.

4.20 Busking permits may be revoked or modified in the circumstances where persons:-

4.20.1 Are deemed by the City of Sydney to be causing a nuisance. 4.20.2 Do not keep their site safe and clean while working. 4.20.3 Cause obstruction to pedestrians or vehicular traffic and entrances to shops or buildings. 4.20.4 Interfere in any way with an approved entertainment or activity without permission. 4.20.5 Sell or offer for sale any articles or commodity. 4.20.6 Use dangerous implements or materials as part of a performance without a special busking permit to do so. 4.21 Council and other authorised officers reserve the right to prohibit use of a restricted area, designated site or such area as may be specified by it while Council or other road works are in progress. 1009 Monday 20 December 1999

CITY OF SYDNEY BUSKING POLICY

4.22 The use of unrestricted areas, restricted areas and designated sites for busking activities will be monitored by the Review Committee and continued use will be subject to their report. 5. RESTRICTED AREAS In relation to the use of designated sites in restricted areas all regulations appearing in this Busking Policy apply to busking in the following designated sites. In addition, the following special conditions apply to the use of these sites for busking activities;

5.1 FIRST FLEET PARK (1 designated site)

5.1.1 Busking is not permitted in the park when special events are in progress 5.1.2 Buskers must be mindful of and respect the rights of patrons using the park for recreation. 5.1.3 Buskers must comply with directions issued by authorised officers from the Sydney Harbour Foreshore Authority as well as City of Sydney authorised officers. 5.1.4 Chalk art is prohibited when directly applied to the pavement (See Attachment I).

5.2 CIRCULAR QUAY WHARF AREA (4 designated sites)

5.2.1 Use is subject to review upon completion of street upgrade & wharf development work. 5.2.2 Buskers may only perform at the designated sites between wharves 2 and 6 as indicated on Map 5.1 (Three ‘walk by’ and one ‘circle act’ site). 5.2.3 Busking is not permitted between the hours of 12 noon and 2.30 pm on weekdays at these sites. 5.2.4 Buskers may not perform during special events. 5.2.5 Buskers may not perform near the entry to retail outlets. 5.2.6 Circle acts are only permitted in designated Circle Act sites, marked with the letter “C” on Map 5.1. Designated circle act sites provide for both circle acts and walk by acts. The use of dangerous goods and materials at “C” sites requires a Special Permit. 5.2.7 In order to avoid safety and health hazards to the public, buskers must be aware that when performing in the vicinity of food outlets and serving areas, they must not use materials that may leave a residue on tables, chairs or eating utensils (eg bubbles). 5.2.8 Chalk art is prohibited when directly applied to the pavement areas (see Attachment I).

Monday 20 December 1999 1010

CITY OF SYDNEY BUSKING POLICY

5.3 CIRCULAR QUAY EAST & WEST ESPLANADES (4 designated sites)

5.3.1 Subject to review after completion of upgrade works, busking is not permitted along the Eastern Esplanade. 5.3.2 Busking is only permitted at the four designated sites along the Western Esplanade. Two of these sites are designated as circle act sites and two as walk by sites. 5.3.3 Chalk art is prohibited when directly applied to the pavement areas (see Attachment I).

5.4 ALFRED STREET, CIRCULAR QUAY (1 designated site)

5.4.1 Busking will only be permitted following upgrade of the area.

5.5 CUSTOMS HOUSE SQUARE (1 designated site)

5.5.1 Busking in Customs House Square may only occur with the express permission, in writing, of Customs House Management. Details of contacts for Customs House Management can be obtained from the City of Sydney One Stop Shop.

5.6 MACQUARIE PLACE (2 designated sites)

5.6.1 Buskers must respect the rights of patrons using the park or nearby cafes and hotels and not unduly disrupt their activities. 5.6.2 Buskers may perform for a three (3) hour maximum period of time in this area.

5.7 WYNYARD PARK (2 designated sites)

5.7.1 Busking in the two designated sites is not permitted on the grassed area of the park but is permitted only on the hard surface areas.

5.8 MARTIN PLACE (5 designated sites)

5.8.1 Use is subject to Review when the redevelopment of Martin Place has been completed: no later than December 1999. 5.8.2 No busking is allowed between Pitt Street and George Street at any time. 1011 Monday 20 December 1999

CITY OF SYDNEY BUSKING POLICY

5.8.3 Buskers may not perform less than 25 metres from the Martin Place Amphitheatre while performances are taking place in the Amphitheatre. 5.8.4 Buskers may not perform less than 15 metres from any other performer in Martin Place. 5.8.5 Circle shows are permitted between Macquarie Street and Phillip Street but only one show at any given time. 5.8.6 No busking is allowed in Martin Place on Anzac Day without the written approval of Council.

5.9 PITT STREET MALL (3 designated sites)

5.9.1 Busking in Pitt Street Mall is limited to three (3) locations only, as marked, at any one time. 5.9.2 Busking performances to be limited to walk-by acts only. 5.9.3 Busking is not permitted prior to 2 pm in the Mall on weekdays and Saturdays; Sunday busking is permitted after 11 am. 5.9.4 Buskers may not perform while special events are in progress in the Mall.

5.10 HYDE PARK (3 designated sites)

5.10.1 Busking is permitted at three (3) designated sites adjacent to the Archibald Fountain area. 5.10.2 Busking is only permitted on hard surfaces.

5.11 BELMORE PARK (6 designated sites)

5.11.1 Use of sites is subject to review after the establishment of the Belmore Park Art Market from September 1999.

5.12 QUEENS SQUARE (1 designated site)

5.12.1 Busking will only be permitted on Saturdays, if the Supreme Court is not sitting and Sundays from 1.00 pm onwards.

Monday 20 December 1999 1012

CITY OF SYDNEY BUSKING POLICY

6 BUSKING REVIEW COMMITTEE

Subsequent to the adoption of the Revised Busking Policy (1999) by the Council of the City of Sydney:

6.1 A Busking Review Committee will be maintained until the end of the year 2000 to monitor the effectiveness of the policy and advise on Busking issues that emerge in the City in the ensuing period. 6.2 The Committee will meet four times during that period, viz March, June, September and December 2000. 6.3 The Committee will report to the Manager, Cultural Affairs and Protocol and will comprise:

· One (1) representative of the Cultural Advisory Committee, · One (1) representative of the Retail Traders Association, · One (1) representative from the Media Entertainment & Arts Alliance, · One (1) Street performer and One (1) Musician nominated by Council in consultation with the Media Entertainment and Arts Alliance, · Two (2) representatives from City of Sydney, Cultural Affairs and Protocol Unit or as nominated by the Unit Manager, and, · One representative of the Sydney Harbour Foreshores Authority.

ANNEXURE 1

PAVEMENT ART AS A FORM OF BUSKING

Code of Practice

This code of practice only covers the areas that are the responsibility of City of Sydney, For areas managed by other organisations contact the authority responsible for busking policy in that area.

1 Busking may include pavement art where it can be seen as a form of public entertainment under the guidelines of the City of Sydney Busking Policy with all the above existing conditions applying, and including the following specific applications of City of Sydney's policies to pavement art:

1.1 Pavement art, for the purposes of this policy, is defined as:

1.1.1 Chalk drawings rendered directly onto the pavement, or renderings done in other materials on removable surfaces, such as canvas or plastic, laid out on the pavement (see Section 5 of the policy as it relates to maximum sizes for use in specific designated sites).

1.2 Drawing directly on the pavement may only occur where: 1013 Monday 20 December 1999

CITY OF SYDNEY BUSKING POLICY

1.2.1 The material used is removable by water and does not leave a residue, and,

1.2.2 The surface is of a non-porous material, such as bitumen and concrete. Surfaces not able to be drawn directly upon include sandstone, granite and other porous surfaces currently being used in some pavements, pathways and walkways in the city.

1.3 Individual renditions of the artists' work may not be offered for sale, or sold to the public (see 1.4, 4.10 and 4.12.5).

1.4 Any proposed material to be used in carrying out pavement art must not be slippery (whether wet or dry) and must not be such as to be likely to cause a public hazard (see 1.5, 4.9, 3.5 and 4.12.2).

ANNEXURE 2.

CODE OF PRACTICE Use of Dangerous Materials & Implements in Busking

1 Policy Statement

The City of Sydney recognises that many buskers operating in the city use materials and implements in their practices that may reasonably be viewed as dangerous. However, the City of Sydney also acknowledges that, in the hands of skilled and experienced buskers, the use of fire and superficially dangerous implements such as knives and swords, in circus or juggling acts, lends an appealing theatrical element that is popular with the viewing public. The purpose of this Code of Practice is to ensure that the use of dangerous materials and implements is restricted to buskers who have highly developed skills and experience in their use, and who are acutely aware of the need to ensure the safety of the public as well as their own safety when using them.

2 Approved sites for the use of dangerous materials and implements.

2.1 Six (6) sites have been nominated as appropriate for buskers who use dangerous materials and implements. These sites are the only sites upon which buskers may perform using these materials and implements. 2.2 The designated sites do not include Parks. Fire and dangerous materials may not be used in busking acts conducted in any park in the city. 2.3 The general and specific site conditions contained in the City of Sydney busking policy apply to these sites, in addition to the special requirements for the use of dangerous materials and implements in busking acts. Monday 20 December 1999 1014

CITY OF SYDNEY BUSKING POLICY

2.4 The 6 Special Busking Sites are identified on the maps attached to the Busking Policy as “SBS” and are located at:

2.4.1 Alfred Street Circular Quay (after street refurbishment is completed). 2.4.2 West Esplanade Circular Quay (2 sites). 2.4.3 Martin Place (2 sites). 2.4.4 Macquarie Place (1 site).

3 Special Busking Permits

3.1 Buskers using dangerous materials and implements must hold a current Special Busking Permit to use these items in their acts. 3.2 All general conditions applying to standard Busking Permits apply to the holding of a Special Busking Permit. 3.3 Buskers holding Special Busking Permits must display them at all times in a prominent position while performing their acts using dangerous materials and implements.

4 Conditions for Special Busking Permits

Buskers holding a Special Busking Permit, when using dangerous materials or implements in their acts, must adhere to the following conditions in the interests of public safety, and their own. The Special Permit busker must, at all times:

4.1 Ensure the health and safety of the audience witnessing the performance. 4.2 Ensure that public property is not damaged in the course of the performance. 4.3 Define the performance space to be used by establishing a physical boundary of at least 2 metres between herself/himself and the audience utilising one of the following options:

4.1.1 Roped or chained off area. 4.1.2 Chalk line (if the surface to be drawn upon is not of a porous material such as granite and sandstone, and if the line drawn is water-soluble and removed once the busker has completed the act).

4.2 Include a Work Cover approved Fire Blanket in their performance kits that is kept visible and accessible throughout the performance. 4.3 In the case of the use of flammable liquids, fuels are limited to kerosene, firewater or scented lamp oils (eg citronella) only. No other fuels will be permitted. 4.4 Store and transport any flammable liquids permitted under the Code of Practice in accordance with section 7 of the Australian Dangerous Goods Code, that is: 1015 Monday 20 December 1999

CITY OF SYDNEY BUSKING POLICY

· Portable plastic containers of no greater than a 5 litre capacity. · Containers conspicuously marked with the words

Ø ‘HIGHLY FLAMMABLE’, in capital letters on both sides of container Ø ‘Class 3 Flammable liquids’, and Ø The name of the liquid in the container, eg Kerosene etc.

4.5 Use a plastic bucket as a drip tray for flares or torches (not metal), or preferably use a pre-soaking method for the flares or torches. City of Sydney will not tolerate drip stains on ground surfaces that are not immediately removed, or able to be removed by the busker using the site after the act has been completed.

4.6 If using dangerous implements in a performance, as defined under the Dangerous Goods Act, Clauses 14, 31, 239, 240, 242 and 248, covering the use and packaging of prohibited items, all edges on metal implements must be blunted and rendered non-dangerous (including chain saws and other mechanical devices). An implement is determined as blunt if it is incapable of piercing human skin when pressure is directly applied to its edge or point against human skin.

5 Restrictions on Special Busking Permits

5.1 All restrictions applying to holders of Standard Busking Permits apply to holders of Special Busking Permits. 5.2 Special Busking Permits are only issued to individual buskers, not groups. That is, each busker in a group must hold a current Special Busking Permit if they are to use these items. 5.3 Special Busking Permits apply to Special Busking Sites only.

6 Process for Obtaining a Special Busking Permit

6.1 Special Busking Permits may be obtained from the City of Sydney One Stop Shop located at Level 2, Town Hall House, 456 Kent Street Sydney. 6.2 Special Busking Permits are available under the same terms and conditions as standard Busking Permits with the exception of the additional requirements nominated below. 6.3 Special Busking Permits require Peer Endorsement. No less than two signatures must be obtained from the identified Peer Group of Special Busking Permit holders for each Busker applying for a Special Busking Permit. Monday 20 December 1999 1016

CITY OF SYDNEY BUSKING POLICY

6.4 Peer Endorsement in the terms stated above must be obtained before the Special Busking Permit will be issued. 6.5 A passport-sized photograph of the applicant busker must be submitted with the application form and Peer Endorsement at the time of application. 1017 Monday 20 December 1999

LATE NIGHT DINING PROGRAM

6.2

That arising from consideration of a report by the Manager Public Affairs to the Cultural and City Care Committee on 13 December 1999, on Late Night Dining Program, it be resolved that -

(A) Council support the concept of the late night and outdoor dining program during a three month summer period;

(B) new outdoor footway licence application fees relating to late night dining throughout this period be reduced from $680 to an all up application fee of $100 (inclusive of DA, licence, notification, legal fees and security deposit);

(C) weekly licence fees for restaurants with outdoor tables who provide late night dining be waived for the trial period (to a maximum of three months);

(D) subject to the General Manager’s confirmation of availability of funds, Council approve an allocation of up to $150,000 towards the development and marketing of this program to be applied to the program as referred to in paragraph 13 of the subject report; as well as waiver of outdoor seating fees for that period;

(E) a report regarding the success of the program be prepared at the conclusion of the three-month trial.

Amendment. At the request of Councillor Coulton and by consent, the motion was amended by the addition of the following new clause (F) -

(F) Council note that the General Manager is negotiating with potential sponsors to enhance the program.

Motion, as amended by consent, carried. Monday 20 December 1999 1018

ITEM 7. REPORT OF THE COMMUNITY SERVICES, SMALL BUSINESS AND TOURISM COMMITTEE - 13 DECEMBER 1999

PRESENT

The Right Hon The Lord Mayor of Sydney Councillor Frank Sartor (Chairman)

Councillors - Dixie Coulton, Nick Farr-Jones, Kathryn Greiner and Robert Ho.

At the commencement of business at 6.17 pm those present were -

The Lord Mayor, Councillors Coulton, Farr-Jones, Greiner and Ho.

Apologies

Councillor Fabian Marsden extended his apologies for his inability to attend the meeting of the Community Services, Small Business and Tourism Committee as he was absent from Sydney.

Councillor Lucy Turnbull extended her apologies for her inability to attend the meeting of the Community Services, Small Business and Tourism Committee as she was absent from Sydney.

Moved by Councillor Coulton, seconded by Councillor Greiner -

That the apologies from Councillor Marsden and Councillor Turnbull be accepted and leave of absence from the meeting be granted.

Carried.

The meeting of the Community Services, Small Business and Tourism Committee concluded at 6.32 pm.

Report of the Committee

Moved by Councillor Marsden, seconded by Councillor Turnbull -

That the Report of the Community Services, Small Business and Tourism Committee of its meeting of 13 December 1999 be received, and the recommendations set out below for Items 7.1 and 7.2 be adopted.

Carried.

The Committee recommended the following:- 1019 Monday 20 December 1999

PORT JACKSON SOUTH STORMWATER MANAGEMENT PLAN (S003975)

7.1

That arising from consideration of a report by the Senior Project Manager, City Environment and Waste, to the Community Services, Small Business and Tourism Committee on 13 December 1999, on the proposed Port Jackson South Stormwater Management Plan, it be resolved that -

(A) the Port Jackson South Stormwater Management Plan, an executive summary of which was attached to the subject report, be adopted;

(B) a strategy for implementing the recommended short term actions be prepared in conjunction with the other Councils within the catchment;

(C) the short term actions be incorporated into Council’s Corporate Management Plan;

(D) funding strategies be developed for actions identified in the Stormwater Management Plan where capital expenditure is required;

(E) a further report be prepared on the following issues -

(i) the number of stormwater gully pits within the City of Sydney, what proportion have trap plates and what proportion are cleaned daily, weekly and monthly;

(ii) whether there are any other measures available to limit the flow of debris, litter and undesirable pollutants into stormwater outlets;

(iii) the number of pollution traps within the City of Sydney dealing with stormwater outlets into Sydney Harbour;

(iv) the provision of nets at stormwater outlets similar to those provided in the Waverley Council area.

Carried.

KENT STREET TENNIS COURT MANAGEMENT OPTIONS AND FEES (L02 00882)

7.2

That arising from consideration of a report by the Section Manager, City Living and Leisure to the Community Services, Small Business and Tourism Committee on 13 December 1999, on Kent Street Tennis Court Management Options and Fees, it be resolved that: Monday 20 December 1999 1020

(A) Council publicly seek Expressions of Interest for the management of the Kent Street tennis court, which set out optimal community use and management conditions, and which provide to, or share revenue with, Council, subject to the EOI brief being approved by the Priorities and Outcomes Committee;

(B) a court hire fee schedule be incorporated into any new agreement, which is:

(i) corporate, visitor, non-resident fees to commence at $20 per hour,

(ii) resident fees to be set for the term of the agreement, subject to CPI increase provisions at $10 per hour.

Carried. 1021 Monday 20 December 1999

ITEM 8. REPORT OF THE PLANNING DEVELOPMENT AND TRANSPORT COMMITTEE - 13 DECEMBER 1999

PRESENT

The Right Hon The Lord Mayor Councillor Frank Sartor (Chairman)

Councillors - Dixie Coulton, Nick Farr-Jones, Kathryn Greiner and Robert Ho.

At the commencement of business at 6.33 pm those present were -

The Lord Mayor, Councillors Coulton, Farr-Jones, Greiner and Ho.

Apologies

Councillor Fabian Marsden extended his apologies for his inability to attend the meeting of the Planning Development and Transport Committee as he was absent from Sydney.

Councillor Lucy Turnbull extended her apologies for her inability to attend the meeting of the Planning Development and Transport Committee as she was absent from Sydney.

Moved by Councillor Coulton, seconded by Councillor Greiner -

That the apologies from Councillor Marsden and Councillor Turnbull be accepted and leave of absence from the meeting be granted.

Carried.

Order of Business

The Planning Development and Transport Committee resolved, in accordance with Clause 12 (2) of the Local Government (Meetings) Regulation 1999, that the order of business be altered for the convenience of the public present, such that the agenda items be dealt with in the following order:

6. Development Application: The Cue Clothing Co. Building: 152-156 Clarence Street, Sydney 7. Development Application: 1 Macquarie Place (also known as 10-18 Pitt Street), Sydney 8. Development Application: 150-152 Elizabeth Street, Sydney (former Cyprus Hellenic Club) 9. Development Application: Video Screen - 2 Park Street Sydney 1. Progress Report on Development Applications 2. Central Sydney Local Environmental Plan 1996 - Draft Amendment No 10 and Central Sydney Development Control Plan 1996 - Draft Amendment No 10: Exempt and Complying Development 3. Status Report: Underground Strategic Plan Monday 20 December 1999 1022

4. Development Application: 441-459 Pitt Street (Cnr Hay Street and Campbell Street Haymarket) - The Manning Building 5. Status Report on Development Application: 16-22 Cooper Street, Surry Hills

The meeting of the Planning Development and Transport Committee concluded at 8.05 pm.

Report of the Committee

Moved by Councillor Turnbull, seconded by Councillor Greiner -

That the Report of the Planning Development and Transport Committee of its meeting of Monday 13 December 1999 be received, and the recommendations set out below for Items 8.1 to 8.5, inclusive, and Item 8.9 be adopted, with Items 8.6 to 8.8, inclusive, being noted.

Carried.

The Committee recommended the following:-

PART "A" - DETERMINED BY COUNCIL

PROGRESS REPORT ON DEVELOPMENT APPLICATIONS (A03-00138/1)

8.1

That arising from consideration of a report by the Manager Development to the Planning, Development and Transport Committee on 13 December 1999, in relation to the Progress Report on Development Applications, it be resolved that the report be received and noted.

Carried.

CENTRAL SYDNEY LOCAL ENVIRONMENTAL PLAN 1996 - DRAFT AMENDMENT NO. 10 AND CENTRAL SYDNEY DEVELOPMENT CONTROL PLAN 1996 - DRAFT AMENDMENT NO. 10: EXEMPT AND COMPLYING DEVELOPMENT (S00 7283)

8.2

That consideration of this matter be deferred to the meeting of Council on 20 December 1999.

Carried.

Note - This matter was dealt with by Council as Item 9 on the Business Paper. 1023 Monday 20 December 1999

STATUS REPORT: UNDERGROUND STRATEGIC PLAN (D02-01774)

8.3

That arising from consideration of a report by the Executive Manager to the Planning Development and Transport Committee on 13 December 1999, on the status of the Underground Strategic Plan, it be resolved that the subject report be received and noted.

Carried.

DEVELOPMENT APPLICATION: 441-459 PITT STREET (CNR HAY STREET AND CAMPBELL STREET HAYMARKET) – THE MANNING BUILDING (D1999/00841)

8.4

That consideration of this matter be deferred to the meeting of Council on 20 December 1999.

Carried.

Note - This matter was dealt with by Council as Item 10 on the Business Paper.

STATUS REPORT ON DEVELOPMENT APPLICATION: 16-22 COOPER STREET, SURRY HILLS. (D 1999/00820)

8.5

That arising from consideration of a report by the Specialist Planner to the Planning Development and Transport Committee on 13 December 1999, in relation to Development Application D/99/00820, made by JDV Management Pty Ltd for the site at 16-22 Cooper Street for demolition of the existing building and construction of a new 8 level residential building with ground level retailing and basement parking, it be resolved that -

(A) consideration of the application be deferred to enable the applicant to undertake design changes as detailed below within 28 days:-

(i) The proposed building be redesigned to comply with the height limit.

(ii) The proposal needs to be redesigned to reduce the visually intrusive effects of the blank wall on the eastern facade of the building and to improve the skyline view and presentation of the building when viewed from the east. Such redesign should also attempt to minimise the overshadowing of the property and building on the eastern boundary of the site.

(iii) The proposal needs to be redesigned to incorporate an upper setback of the building on the eastern boundary. Monday 20 December 1999 1024

(iv) The proposal needs to be redesigned to enable the building to comply with the development standard in the DCP requiring the building to be built to the alignment of the street.

(v) The proposal needs to be redesigned to bring it into scale with the buildings in Cooper Street.

(vi) The proposal’s parking layout to be redesigned to enable compliance with AS 2890.1-1993, and to enable on-site loading and unloading of service and delivery vehicles to take place.

(vii) The proposal is to include full and detailed motivation in respect of the lack of noise reduction measures for the naturally ventilated open window condition of all the units apart from the 2 top floor penthouse units.

(viii) The proposal is to include amended plans that are fully dimensioned and notated, and indication of all required building services.

(B) authority be delegated to the Lord Mayor to determine the application at the expiry of the 28 day period having regard to the applicant’s achievement (or otherwise) of the required design amendments, subject to a recommendation being circulated to all Councillors for comment, at least 72 hours before the matter is determined.

Carried

PART “B” - DETERMINED BY THE PLANNING DEVELOPMENT AND TRANSPORT COMMITTEE UNDER DELEGATED AUTHORITY

The Planning Development and Transport Committee recommended that Council note that Items 8.6 to 8.8, inclusive, were determined by the Planning Development and Transport Committee under delegated authority.

Carried.

DEVELOPMENT APPLICATION: THE CUE CLOTHING CO. BUILDING; 152- 156 CLARENCE STREET, SYDNEY (D1999/00619)

8.6

Moved by Councillor Greiner, seconded by Councillor Ho -

That arising from consideration of a report by the Specialist Planner to the Planning Development and Transport Committee on 13 December 1999, in relation to Development Application D99-00619 made by Bowden Design Associates Pty Ltd for the site at 152-156 Clarence Street, Sydney, it be resolved that consent be granted for conservation works and new works to the subject building and an award of 2860 sqm of heritage floorspace in two stages, subject to the following conditions - 1025 Monday 20 December 1999

Schedule 1A

Approved Development, Contributions and Covenants

APPROVED DEVELOPMENT

(1) Development must be in accordance with Development Application No. D1999/00619 dated 23 August 1999, the Statement of Environmental Effects prepared by Bowden Design Associates Pty Ltd dated August 1999, the Conservation Management Plan & Assessment of Heritage Impact prepared by Graham Brooks and Associates Pty Ltd, received on 23 August 1999, the additional documentation and the Schedule of Conservation Works, dated 11 November 1999 and drawings numbered DA01, DA02, DA03, DA04, DA05, DA06, DA07, DA08 prepared by Bowden Design Associates Pty Ltd dated June 1999 and as amended by the following conditions:

AWARD OF HERITAGE FLOORSPACE – STAGED AWARD

(2) The owner may be awarded 2860 sqm of heritage floor space under the provisions of the Central Sydney Local Environmental Plan 1996, if the elements set out in the following clauses are satisfied:-

(a) The owner shall complete the conservation work approved by this development consent and future Construction Certificate under Environmental Planning and Assessment Act 1979, prior to the registration of such heritage floor space in Council's Heritage Floor Space Register;

(b)

(i) 2000 sqm of heritage floor space may be awarded after completion of the following Stage 1 conservation works:

a. Repair, conservation and cleaning of the stonework and brickwork on the Clarence Street external facade and the rear facade, including cornices, pilasters, sills, stucco detailing and headers.

b. Repair, conservation and cleaning of the stonework and brickwork on the Clarence Street external facade and the rear facade, including cornices, pilasters, sills, stucco detailing and headers.

c. Reconstruction of the original doorcase to the 152 Clarence Street, to original detail.

d. Reconstruction of the basement windows to 152 Clarence Street, to match existing.

e. Reconstruction of missing pavement lights to 152 Clarence Street, based on documentary evidence. Monday 20 December 1999 1026

f. Reinstatement of original single entrance to 152 Clarence Street, including the reconstruction of the sandstone door case to the original detail.

g. Construction of new shop front window opening and timber framed window to match c.1921 detail, based on documentary evidence.

h. Reconstruction of timber doors at 152 Clarence Street to match the original (c.1897), based on documentary evidence.

i. Reconstruction of windows on 1st-4th floors to original detail. Replacement and repair of decayed or missing sections of window sills.

j. Removal of air conditioning units and seal openings from the cartway brick walls.

k. Clean, repair and repainting of ripple iron ceiling and exposed beams in Cartway.

l. Inspection and repair of existing sprinkler system, as required.

m. Removal of intrusive roller shutter door and the installation of an iron gate at the Clarence Street end of the building.

n. Installation of an historic plaque.

o. Reconstruction of the windows on 1st-4th floor of the rear facade of 154-156 Clarence Street to original detail.

p. Reconstruction of the windows on 1st-4th floor of the rear facade of 154-156 Clarence Street to original detail.

q. Reconstruction of the windows on 1st-2nd floor of the rear facade of 152 Clarence Street to original detail.

r. Removal of the intrusive screens to the goods lift.

s. Removal of the intrusive screens to the goods lift.

t. Undertake BCA upgrades as identified in the "Schedule of Conservation Works" prepared by Graham Brooks and Associates Pty Ltd.

u. Reconstruct rear toilet windows to original detail.

v. Stabilise and repaint original steel fire stair at rear. 1027 Monday 20 December 1999

w. Repair, cleaning and conservation of the roof, as required, including sealing the parapet and party walls and stabilisation of the corrugated iron sheeting, flashings, downpipes, gutters.

x. Removal of suspended acoustic ceiling at ground level to 152 Clarence Street to reveal the pressed metal ceilings.

y. Provision of disabled sanitary facility as identified in the BCA report.

z. Check and upgrade of internal services.

aa. Check and upgrade of internal services

bb. Construction of new entrance and stairway to basement retail tenancy to 152 Clarence Street.

cc. Remove wall cladding to boundary walls.

dd. Remove and lower the rear section of the timber floor to accommodate a new mezzanine floor to 152-156 Clarence Street.

ee. At the entrance foyer to 154-156 Clarence Street, lowering of the floor and reconfiguration of the internal steps.

ff. Installation of a disabled chair lift to 154-156 Clarence Street entrance foyer.

gg. Relocate entrance doors to ground floor tenancy and infill former opening to match existing.

hh. Provision of disabled access to the entrance foyer of 152 Clarence Street.

ii. Reconstruction of entrance foyer to 152 Clarence Street and installation of new stairs, leading to ground floor.

jj. Provision of internal wall wetting drenchers to rear window openings.

kk. Demolish existing shopfitout and partition walls. Construct new partition walls and shop fitout to No. 152.

ll. Construction of mezzanine floors to rear of ground floor tenancy at 152 Clarence Street, with regard to extant significant fabric.

(ii) 860 sqm of heritage floor space may be awarded upon the completion of the following Stage 2 conservation works:- Monday 20 December 1999 1028

a. Remove infill brickwork and reinstate basement window openings to 152 Clarence Street.

b. Clean and repaint iron grilles to basement windows.

c. Remove infill brickwork to 154-156 Clarence Street pavement lights and reinstate pavement light wells to basement.

d. Replace aluminium shopfronts with timber shopfronts to match c.1921, based on documentary evidence.

e. Demolish existing shopfitout and partition walls. Construct new partition walls and shop fitout to No. 154-156 Clarence Street.

f. Construction of mezzanine floors to rear of ground floor tenancy at 154-156 Clarence Street, with regard to extant significant fabric.

(c) The owner shall enter into a deed with Council and register any required covenants on the title of the land on the completion of the conservation works to:-

(i) ensure the continued conservation and maintenance of the building; and

(ii) limit any future development of the site to the total area of the conserved building, which has a FSA of 4319 sqm.

(d) All legal documentation shall be prepared by Council’s solicitor. The cost of preparation and registration of all documentation must be borne by the owner;

(e) The owner will only be registered as the owner of heritage floor space for each stage following the completion of paragraphs (a) - (c) of this condition, to the satisfaction of Council.

(f) On the satisfactory completion of (a) – (c) above for each stage, and on application to Council, the owner will be issued with a letter of registration of HFS.

(3) The applicant is to commission an experienced conservation expert to work with the consultant team throughout the design development, contract documentation and construction stages of the project. The conservation expert is to be involved in the resolution of all matters where existing significant fabric and spaces are to be subject to preservation, restoration and reconstruction.

(4) The applicant is to commission experienced tradepersons (as appropriate) that are skilled in traditional building and engineering trades to carry out the proposed HFS scope of works. 1029 Monday 20 December 1999

(5) All work shall be carried out as detailed in the “Schedule of Conservation Works for 152-156 Clarence Street” and in the additional documentation, titled “BCA Compliance Matters. Assessment of Heritage Impact” prepared by Graham Brooks and Associates Pty Ltd. Dated 11 November 1999, and as identified in the drawings prepared by Bowden Design Associates Pty Ltd (DA01-DA08, dated June 1999).

(6) The conservation works identified in the “Schedule of Conservation Works for 152-156 Clarence Street” (prepared by Graham Brooks and Associates Pty Ltd. And submitted 11 November 1999), as Stage 1 works must be completed and approved by the Director, City Development prior to the registration of Stage 1 HFS award.

(7) The conservation works identified in the “Schedule of Conservation Works for 152-156 Clarence Street” (prepared by Graham Brooks and Associates Pty Ltd. And submitted 11 November 1999), as Stage 2 works must be completed and approved by the Director, City Development prior to the registration of Stage 2 HFS award.

(8) All maintenance works identified as ‘Cyclical Maintenance Work’ in section 8.0 of the Conservation Plan for the Cue Clothing Building at 152-156 Clarence Street (prepared by Graham Brooks and Associates Pty Ltd. August 1999) should be carried out to the satisfaction of the Director, City development prior to the registration of the HFS award.

(9) The conservation expert (as noted in Condition 3) is to certify that the approved conservation and maintenance work is carried out in accordance with the approved drawings and conservation plan, prior to the registration of the Stage 1 and Stage 2 HFS award.

(10) The proposed works are to be carried out in a manner that does not involve any demolition, alteration, or irreversible damage to original fabric (not identified in the scope of work of the application) of the heritage item.

SECTION 61 CONTRIBUTION

(11) A contribution under Section 61 of the City of Sydney Act 1988 shall be paid in accordance with the following:

(a) Cash Contribution Required

(i) In accordance with the adopted “Central Sydney Contributions Plan 1997” a cash contribution must be paid to Council in accordance with this condition.

(ii) Payment shall be by bank cheque made payable to the City of Sydney. Monday 20 December 1999 1030

(b) Amount of Contribution

(i) The amount of the contribution will be equivalent to 1% of the development cost, at the Construction Certificate stage, as determined in accordance with the “Central Sydney Contributions Plan 1997”.

(c) Certification of the calculation of the contribution in accordance with the “Central Sydney Contribution Plan 1997” shall be submitted for the approval of Council prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

(i) For developments over $2 million in cost, the certification of the building costs must be prepared by a Registered Quantity Surveyor.

(d) Timing of Payment

(i) The contribution must be paid prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

SIGNS

(12) A separate development application for any proposed signs which are either externally fitted or applied must be submitted for the approval of Council prior to the erection or display of any such signs.

CARE OF BUILDING SURROUNDS

(13) In addition to Council’s daily street sweeping and cleansing operations, the owner/manager of the building shall ensure that the forecourt and the surrounds of the building including pavements and gutters are to be kept clean and free of litter at all times.

REMOVAL OF GRAFFITI

(14) The owner/manager of the site shall be responsible for the removal of all graffiti from the building within 48 hours of its application.

NOISE

(15) The use of the premises must not give rise to any one or more of the following:

(a) Transmission of vibration to any place of different occupancy greater than specified in AS 2670. 1031 Monday 20 December 1999

(b) An indoor sound pressure level in any place of different occupancy (and/or public place) greater than 3dB above the L90 background level in any octave band from 31.5 Hz to 8,000 Hz centre frequencies inclusive between the hours of 8.00 a.m. to 10.00 p.m. daily and 0dB above the L90 background between 10.00 p.m. and 8.00 a.m. the following morning. However, when the L90 background levels in frequencies below 63 Hz are equal to or below the threshold of hearing, as specified by the equal loudness contours for octave bands of noise, this sub-clause does not apply to any such frequencies.

(c) A sound level at any point on the boundary of the site greater than the background levels specified in Australian Standard 1055. "Acoustics - Description and Measurement of Environmental Noise".

(d) An "offensive noise" as defined in the Protection of the Environment Operations Act 1997.

(e) The emission into the surrounding environment of gases, vapours, dust, or other impurities which are a nuisance or injurious or dangerous or prejudicial to health.

(f) The method of measurement of vibration in (a) and sound levels in (b), (c) and (d) must be carried out in accordance with AS 2973 for vibration measurements. AS 1055 for outdoor sound level measurements, and AS 2107 for indoor sound level measurements. Schedule 1B

Conditions to be complied with prior to issue of Construction Certificate to the satisfaction of the Certifying Authority

(16) Detailed design documentation, including detailed plans/elevations, material samples and methodology for the following:

(a) Reconstruction of the Clarence Street façade at ground floor level;

(b) New ground floor entry lobby at No. 152 Clarence Street and Nos. 154- 156 Clarence Street;

(c) Construction of the mezzanine at ground floor level;

(d) Construction of new retail tenancies to No. 152 and No.154-156 Clarence Street;

(e) Reconstruction of the original timber windows to the Clarence Street façade;

(f) Ground floor foyer interpretation display case;

Prior to the release of the Construction Certificate. Monday 20 December 1999 1032

(17) An interpretation strategy for the site must be prepared and implemented to assist public understanding of the history and significance of the site. It should be submitted for approval and completed prior to the registration of the Stage 2 HFS award. The interpretation strategy submitted with the Conservation Plan is not considered to be adequate and does not provide enough detail. This strategy should be revised to include recommendations regarding appropriate signage and exhibition of selected artefacts and/or other material to assist the public to understand the history and significance of the site.

(18) The following amendments should be made to the Conservation Plan and the plan should be resubmitted for endorsement by the Director, City Development prior to the release of the Construction Certificate:

(a) The “Schedule of Conservation Works for 152-156 Clarence Street” should be amended to reflect the “Schedule of Conservation Works for 152-156 Clarence Street” submitted to Council on 11 November 1999.

(b) In Section 7.2.3. on page 149, delete dot point five “The Burra Charter recommends that a minimalist approach be taken in removing fabric graded as of low significance or intrusive, and it be limited to protecting and enhancing significant fabric, or allowing practical use of the building”.

(c) In Section 7.4.3. on page 151, add the guidelines

(i) “Future refurbishment or adaptation of the building should attempt to improve the interpretative value of the building, including progressive exposure of the original timber internal structure and pressed metal ceilings”.

(ii) “Any future refurbishment of the interiors of the building should incorporate the replacement of modern intrusive finishes with more traditional finishes and treatments which are sympathetic with the original quality of materials”.

(d)

(i) In Section 7.5.3. on page 153, delete the statement “This should not preclude modern commercial use of the interiors, provided any partitioning of office use does not detract from the open spatial quality of each floor” from dot point no.1 and replace with the statement “Open plan office spaces should encouraged, and implemented over time, in order to recover the spatial significance of the interiors”.

(ii) Add the following guideline “Future tenants should be required to consider approved guidelines in future office planning and design”. 1033 Monday 20 December 1999

(e) In Section 7.6.2. on page 154, delete the statement “Removal of elements of the building identified as being intrusive should be considered unless these elements fulfil a functional role or contribute to the character and overall quality of the place” and replace with the statement “Removal of elements of the building identified as being intrusive should be a priority whenever an opportunity arises. These fabrics should be replaced or adapted, using more sympathetic treatments, to achieve the desirable conservation outcome”

(f) In Section 7.6.3. on page 154,

(i) delete dotpoint no. 1 “The removal of elements identified as being intrusive are addressed in the Conservation Works Schedule in Section 8.2. Strategy for Implementation in this Conservation Plan”.

(ii) Delete the following statement “during periods of internal fitout or major refurbishment” from dotpoint no. 6.

(g) In Section 7.13.3 on page 160, add the statement “An archaeological assessment should be undertaken prior to any future works including service installation, below the rear courtyard and original cartway”.

(h) In Section 7.15.3 on page 163, delete the proposed wording for the plaque. The final wording for the historic marker should be submitted to satisfy condition no. 2 of this DA consent.

(i) In Section 8.4 on page 181 delete the statement “Also forming part of this application is a proposal for a mansard roof addition, involving the demolition of the existing roof structure”, as it is incorrect and does not form part of the application.

PHOTOGRAPHIC ARCHIVAL DOCUMENTATION

(19) Prior to the removal of any significant building fabric or furnishings from the site, and prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979, the applicant is required to submit the following to Council, for deposit in the City of Sydney Archives:-

(a) Photographic documentation of the site and its context, and the exteriors and interiors of the existing building(s), photographed where appropriate, using a camera/lens capable of ‘perspective correction’, comprising:

(i) 35mm colour slides, numbered and referenced to the site and building plans, and presented in archival quality storage sheets;

(ii) 35mm or 120mm black and white film, numbered and referenced to the site and building plans, with negatives developed to archival standards, and 2 copies of contact sheets printed on fibre- based paper to archival standards; Monday 20 December 1999 1034

(iii) selective black and white enlargements to be advised by Council, printed on fibre-based paper to archival standards to a minimum size of 20cm x 25cm, illustrating the location and context of the site/building, the relationship of adjacent buildings, building elevations, and important interior and exterior architectural spaces and features of the building/site;

(iv) A summary report of the photographic documentation, detailing;

a. the project description, method of documentation, and any limitations of the photographic record; and

b. photographic catalogue sheets, which are referenced to a site plan and floor plans no larger than A3, and indicating the location and direction of all photos (black & white prints and slides) taken.

(v) Written confirmation that the Council reserves the right to use the photographs for its own purposes and for genuine research purposes.

(b) Documentation shall be submitted to Council for lodging with the City of Sydney Archives, prior to the commencement of the removal of any building fabric or any demolition at the site.

(20) Access for people with disabilities shall be provided in accordance with Part D3 of the Building Code of Australia and Council’s Access Policy. Prior to issue of a Construction Certificate under Environmental Planning and Assessment Act 1979, a certificate certifying compliance with this condition OR a Compliance Certificate (Form 10 Environmental Planning and Assessment Act Regulation 1998) must be provided, and copy submitted to Council.

(21) For alterations and additions to an existing building, a letter from a qualified practising structural engineer (NPER) or a Compliance Certificate (Form 10 of the Environmental Planning and Assessment Act Regulation 1994) shall be submitted to the attached to the Construction Certificate Application. The letter must state that the existing structure is adequate to support the new loads and that the design will comply with the relevant Australian Standards adopted by the Building Code of Australia (Specification A1.3).

(22) Without passing through another sole occupancy unit every occupant of a storey or part of a storey must have access to at least two exits in accordance with D1.2(g) of the Building Code of Australia.

SANITARY FACILITIES

(23) Sanitary and other facilities must be provided in accordance with the Building Code of Australia, Part F2. 1035 Monday 20 December 1999

Schedule 1C

Conditions to be complied with prior to commencement of construction or demolition or work to the satisfaction of the Principal Certifying Authority

APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE

(24) A separate application is to be made to Council for Approval under Section 68 of the Local Government Act 1993 to erect a hoarding or scaffolding in a public place and such application is to include:-

(a) Architectural, construction and structural details of the design in accordance with the Policy for the Design and Construction of Hoarding (September 1997) and the Interim Policy for Temporary Protective Structures.

(b) Structural certification prepared and signed by an appropriately qualified practising structural Engineer.

(c) Evidence of the issue of a Structural Works Inspection Certificate and structural certification will be required prior to the commencement of demolition or construction works on site.

(25) Where construction/building works require the use of a public place including a road or footpath, approval under Section 68 of the Local Government Act 1993 for a Barricade Permit is to be obtained from Council prior to the commencement of work. Details of the barricade construction, area of enclosure and period of work are required to be submitted to the satisfaction of Council.

WASTE MANAGEMENT

(26)

(a) A Waste Management Plan for the construction period of the proposed development must be submitted to the satisfaction of the Principal Certifying Authority before commencement of work on the site.

(b) Certification that the plan is in accordance with the Development Approval Conditions, Council’s Code for Waste Handling in Buildings and the Waste Minimisation and Management Act 1995, must be submitted in the attached form W3 to the satisfaction of the Principal Certifying Authority. Such Certification must be submitted by the Architect or other appropriately qualified person experienced in Waste Handling Design and Environmental Management. Monday 20 December 1999 1036

(c) The Waste Management Plan must address demolition, excavation and construction of the premises, as applicable. The plan must describe procedures by which waste will be minimised, managed and recycled and must address the following issues:

(i) Compliance with the requirements set out in Annexure (“A”) of the Code for Waste Handling in Buildings adopted by Council 17 October 1994.

(ii) Details of recycling and the removal of spoil and rubbish from the site in the course of demolition, excavation and construction operations including:

a. Type and quantities of material expected from demolition and excavation;

b. Name and address of transport company;

c. Address of proposed site of disposal;

d. Name/address of company/organisation accepting material;

e. Types and quantities of materials that are to be reused or recycled, on and off site and procedures involved;

f. Name of company/contractor undertaking on and off site reuse and recycling, and address of recycling outlet;

g. Material for disposal and justification of disposal.

h. If details of items (ii) to (vii) are not known at the time of preparation of the Waste Management Plan, the information must be supplied immediately after the letting of the contacts.

(d) All requirements of Waste Management Plans must be implemented during the construction period of the development.

Note:

(e) The Principal Certifying Authority must be notified of any proposed change in any of the above details throughout the course of construction.

PEDESTRIAN AND TRAFFIC MANAGEMENT DURING CONSTRUCTION

(27) A Pedestrian and Traffic Management Plan must be submitted to and approved by Council prior to commencement of demolition/excavation or construction on the site and must include details of:- 1037 Monday 20 December 1999

(a) Proposed ingress and egress of vehicles to and from the construction site;

(b) Proposed protection of pedestrians adjacent to the site;

(c) Proposed pedestrian management whilst vehicles are entering and leaving the site;

(d) Proposed route of construction vehicles to and from the site.

(e) The Pedestrian and Traffic Management Plan shall be implemented during the construction period.

CERTIFICATION OF MECHANICAL VENTILATION

(28) The details of any mechanical ventilation or air conditioning must be certified by a competent person to comply with Council’s Ventilation Code, the Building Code of Australia and relevant Australian Standards, to the satisfaction of the Principal Certifying Authority prior to commencement of any mechanical services work.

(a) To enable certification, the mechanical ventilation documentation prescribed below shall be submitted to the Principal Certifying Authority:

(b) Certified plans (in duplicate), coloured so as to adequately distinguish the proposed alterations;

(c) A general description of the project plus mechanical ventilation drawings and documentation in duplicate, coloured to show ductwork and equipment as set out below. (Where appropriate a schematic drawing should also be submitted).

(i) Supply Air Ducts, Shafts and Fans - Blue (ii) Return Air Ducts, Shafts and Fans - Pink (iii) Outside Air Ducts, Shafts, Intakes and Stair Pressurisation - Green (iv) Exhaust Air Ducts, Shafts, Fans, Discharges and Smoke Spill - Orange (v) Mixing Boxes and Conditions - Yellow (vi) Fire Dampers and Electric Heaters - Red

(d) Drawings which show where applicable the existing and proposed air intakes, air discharges and cooling towers and their relative position to each other, the boundaries of the site, openable windows, and adjoining buildings;

(e) A Mechanical Ventilation Design Certificate pursuant to Section 93 of the Local Government Act 1993 in the form of Attachment M1, together with the Curriculum Vitae of the Design Engineer or other appropriate Certifier must be submitted to Principal Certifying Authority (PCA). A copy of the Certificate and a microfilm set of the certified drawings must be submitted to Council by the PCA; Monday 20 December 1999 1038

(f) Documentary evidence in support of requests for departure from the prescribed or deemed provisions of the Building Code of Australia or any other requirements.

STRUCTURAL CERTIFICATE

(29) Prior to the commencement of work, the following documentation must be submitted to the satisfaction of the Principal Certifying Authority (PCA) and a copy of same submitted to Council:

(a) Structural Drawings prepared by an appropriately qualified practising Structural Engineer, corresponding with and attached to a Structural Certificate (see (b));

(b) Structural Certificate/s for Design, submitted in the form of Attachment S1A completed by the Project/Principal Engineer and S1B completed usually by the Architect, OR a Compliance Certificate (Form 10 of the Environmental Planning and Assessment Regulation 1998), after the structural drawings have been checked and comply with:

(i) The relevant clauses of the Building Code of Australia (BCA);

(ii) The relevant conditions of Development Consent;

(iii) The Architectural Plans incorporated with the Construction Certificate; and

(iv) The relevant Australian Standards listed in the BCA (Specifications A1.3);

(v) Any other relevant report/s or documents. Specify on form S1A.

(c) Repeat (a) and (b) for any revision, or staged submission of structural drawings.

(d) Notes:

(i) An appropriately qualified practising structural engineer certifying by completing Attachment S1A must have:-

a. Appropriate tertiary qualifications in Civil or Structural Engineering; AND

b. Corporate membership of the Institution of Engineers Australia or equivalent; AND

c. Evidence of relevant experience in the form of a CV/Resume;

d. Appropriate current professional indemnity insurance. 1039 Monday 20 December 1999

(ii) An appropriately qualified practising structural engineer certifying by issuing a Form 10 Compliance Certificate must have accreditation as a certifier for Structural Engineering issued by the Institution of Engineers Australia in accordance with the Environmental Planning and Assessment Act 1979.

(iii) An appropriately qualified person certifying by completing Attachment S1B must have a good working knowledge of the Building Code of Australia and Structural and Architectural drawing co-ordination.

(iv) Certification of Inspection/s is also required prior to issue of the Occupation Certificate, and/or prior to use. See Schedule 1E Conditions.

(v) Council reserves the right to randomly audit any structural documentation.

ENVIRONMENTAL PROTECTION DURING CONSTRUCTION

(30) The following environmental protection measures are required:

(a) Prior to the commencement of work, a Water and Sediment Control Statement must be submitted and approved by the Principal Certifying Authority.

(b) Such statement must include:

(i) The procedures by which stormwater and waste water deposited or generated on site is to be collected and treated prior to discharge including details of any proposed pollution control device;

(ii) The proposed method of discharge;

(iii) The procedures to be adopted for the prevention of run-off from the site onto the public way;

(iv) The procedures to be adopted for the prevention of loose material and litter from being blown onto the public way;

(v) The statement is to be consistent with the principles and practices set out in the Department of Land and Water Conservation’s “Erosion and Sediment Control Manual”.

(c) The Water and Sediment Control Statement shall be implemented during the construction period. Monday 20 December 1999 1040

(d) Any seepage or rainwater collected on site during construction must not be pumped to the street stormwater system unless separate prior approval is given in writing by Council. The applicant must comply with the protection of the Environment Operations Act (NSW) 1997, whereby it is an offence to pollute classified waters such as Sydney Harbour to which much of the City's street drainage is directly connected. Schedule 1D

Conditions to be complied with during construction

HOURS OF WORK AND NOISE

(31) The hours of construction and work on the development shall be as follows:

(a) All work, including demolition, excavation and building work in connection with the proposed development must only be carried out between the hours of 7.00 a.m. and 7.00 p.m. on Mondays to Fridays, inclusive, and 7.00 a.m. and 5.00 p.m. on Saturdays, and no work must be carried out on Sundays or public holidays.

(b) The applicant must provide to Council a 24 hour per day telephone contact number and must ensure such number is continually attended by a person with authority over the building work during the construction period.

(c) The approved hours of work and the 24 hour telephone number must be prominently displayed at all times on the building site and must be visible from a public street or a public place.

(d) All work, including demolition, excavation and building work must comply with "The City of Sydney Code of Practice for Construction Hours/Noise 1992" and Australian Standard 2436-1981 'Guide to Noise Control on Construction, Maintenance and Demolition Sites'.

(e) Note: The "City of Sydney Code of Practice for Construction Hours/Noise 1992" allows extended working hours subject to the making of an application in accordance with the Code and under Section 96(2) of the Environmental Planning and Assessment Act 1979, and the granting of approval thereto.

LOADING AND UNLOADING DURING CONSTRUCTION

(32) The following requirements apply:-

(a) All loading and unloading associated with construction must be accommodated on site. 1041 Monday 20 December 1999

(b) In addition to any approved construction zone, provision must be made for loading and unloading to be accommodated on site once the development has reached ground level.

(c) If a construction zone is warranted, such an application must be made to Council prior to commencement of work on the site. An approval for a construction zone may be given for a specific period and certain hours of the days to reflect the particular need of the site for such facility at various stages of construction. The approval will be reviewed periodically for any adjustment necessitated by the progress of the construction activities.

(33) The public way must not be obstructed by any materials, vehicles refuse, skips or the like, under any circumstances. Non-compliance with this requirement will result in the issue of Notice by Council to stop all work on site.

CONSTRUCTION DURING THE OLYMPICS

(34) Should construction be required to take place during the period 1 September 2000 to 1 October 2000 it may only be carried out in accordance with a Traffic and Pedestrian Management Plan and a Construction Program submitted and approved by Council, after consultation with the relevant Olympic authorities, such submission to be made at least three months prior to September 2000. Schedule 1E

Conditions to be complied with prior to issue of Occupation Certificate and prior to commencement of use, to the satisfaction of the Principal Certifying Authority

HISTORIC MARKER

(35) A brass plaque must be placed in the pavement adjacent to the site or on the facade of the building relating to the history of the site. The design, location and wording of the plaque shall be submitted for the approval of Council prior to issue of an Occupation Certificate under the Environmental Planning and Assessment Act 1979. The approved plaque shall be installed prior to Occupation.

(36) An Occupation Certificate (form 12 under the Environmental Planning and Amendment Regulation 1998) must be obtained from the Principal Certifying Authority (PCA) (Council or a private accredited certifier) and a copy furnished to Council in accordance with Section 79L of the Environmental Planning and Assessment Amendment Regulation 1998 prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building. A copy of the certificate shall be submitted to Council if it was not the PCA. Monday 20 December 1999 1042

(37) Prior to issue of an Occupation Certificate or use of the premises, a Structural Inspection Certificate in the form of Attachment S1C OR a Compliance Certificate (Form 10 of the Environmental Planning and Assessment Regulation 1998) must be submitted to the satisfaction of the Principal Certifying Authority (PCA) (Council or a private accredited certifier) after:

(a) The site has been periodically inspected and the structural certifier is satisfied that the Structural Works are deemed to comply with the final Design Drawings; and

(b) The drawing revisions listed on the Inspection Certificate have been checked with those listed on the final Design Certificate/s.

(c) A copy of the Certificate with a microfilm set of the final drawings shall be submitted to Council if it was not the PCA.

Notes:

(i) An appropriately qualified practising structural engineer certifying by completing Attachment S1C must have:-

(ii) Appropriate tertiary qualifications in Civil or Structural Engineering, AND;

(iii) Corporate membership of the Institution of Engineers Australia or equivalent; AND

(iv) Evidence of relevant experience in the form of a CV/Resume;

(v) Appropriate current professional indemnity insurance.

(d) An appropriately qualified practising structural engineer certifying by issuing a Form 10 Compliance Certificate must have accreditation as a certifier for Structural Engineering issued by the Institution of Engineers Australia in accordance with the Environmental Planning and Assessment Act 1979.

(e) Council reserves the right to randomly audit any structural documentation.

(38) All materials used in the building shall comply with specification C1.10 of the Building Code of Australia.

(39) Prior to issue of an Occupation Certificate under Environmental Planning and Assessment Act 1979 and following the completion, installation, and testing of all the mechanical ventilation systems covered by the approval, a Mechanical Ventilation Certificate of Completion and Performance in the form of Attachment M2 must be submitted to the Principal Certifying Authority (PCA) (Council or a private accredited certifier). A copy of the Certificate and a microfilm set of the certified drawings must be submitted to Council if it was not the PCA. 1043 Monday 20 December 1999

Note:

(a) Council reserves the right to randomly audit any mechanical ventilation documentation.

(40) All glazing materials shall be selected and installed in accordance with the relevant provisions of AS 1288 S.A.A. "Glass Installation Code".

(41) A Fire Safety Certificate (form 15 under the Environmental Planning and Assessment Amendment Regulation 1998) must be furnished to the Principal Certifying Authority (PCA) (Council or a private accredited certifier) for all of the items listed in the Fire Safety Schedule forming part of this approval prior to any consent for occupancy/partial occupancy being granted. A copy of the Certificate must be submitted to Council if it was not the PCA.

Carried.

DEVELOPMENT APPLICATION: 1 MACQUARIE PLACE (ALSO KNOWN AS 10-18 PITT STREET), SYDNEY (D1999/00870)

8.7

Moved by Councillor Greiner, seconded by Councillor Farr-Jones -

That arising from consideration of a report by the Specialist Planner to the Planning Development and Transport Committee on 13 December 1999, in relation to Development Application D1999/00870 made by Response Design Group for the site at 1 Macquarie Place Sydney for alterations to and conversion of the existing ground floor retail spaces to a late opening pub with a gaming room and food preparation area, it be resolved that consent be granted subject to the following conditions:- Schedule 1A

Approved Development, Contributions and Covenants

APPROVED DEVELOPMENT

(1) Development must be in accordance with Development Application No. 1999/00870 dated 1 November 1999 and Statement of Environmental Effects prepared by Response Design Group, dated 28 October 1999 and drawings numbered ID.B.100/A, ID.G.100/A, ID.G.300/A and ID.G.500/A prepared by Response Design Group dated 28 October 1999 and as amended by the following conditions:

SECTION 61 CONTRIBUTION

(2) A contribution under Section 61 of the City of Sydney Act 1988 shall be paid in accordance with the following: Monday 20 December 1999 1044

(a) Cash Contribution Required

In accordance with the adopted “Central Sydney Contributions Plan 1997” a cash contribution must be paid to Council in accordance with this condition.

Payment shall be by bank cheque made payable to the City of Sydney.

(b) Amount of Contribution

The amount of the contribution will be equivalent to 1% of the development cost, at the Construction Certificate stage, as determined in accordance with the “Central Sydney Contributions Plan 1997”.

(c) Certification of the calculation of the contribution in accordance with the “Central Sydney Contribution Plan 1997” shall be submitted for the approval of Council prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

For developments over $2 million in cost, the certification of the building costs must be prepared by a Registered Quantity Surveyor.

(d) Timing of Payment

The contribution must be paid prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

PROPOSED WORKS NOT TO CAUSE DAMAGE TO HERITAGE FACADE

(3) The proposed works are to be carried out in a manner that minimises any demolition, alteration, new penetrations/fixing or irreversible damage to the significant fabric of the existing building facade which is listed in Central Sydney Heritage LEP 1992. Particular care shall be taken to minimise damage to the significant fabric of the building facade during the carrying out of the internal fitout and any electrical or plumbing works.

REMOVAL OF GRAFFITI

(4) The owner/manager of the site shall be responsible for the removal of all graffiti from the building within 48 hours of its application. 1045 Monday 20 December 1999

EXTERNAL LIGHTING

(5) A separate development application is required to be lodged for any proposed external floodlighting or illumination of the building. Such application shall be submitted and approved by Council prior to the installation of any external lighting.

BUILDING NAME

(6) Any change to the name of the building is to be subject to the approval of Council.

NO SPRUIKERS OR AMPLIFIED NOISE

(7) No persons (such as those commonly known as spruikers) or recordings or other devices which have the effect of spruiking are to be located on Council owned property. Furthermore, the sound level of any spruiking or amplified noise generated within privately owned land must not be audible on Council’s footpath adjoining the subject premise.

NOISE

(8) The use of the premises must not give rise to any one or more of the following:

(a) Transmission of vibration to any place of different occupancy greater than specified in AS 2670.

(b) An indoor sound pressure level in any place of different occupancy (and/or public place) greater than 3dB above the L90 background level in any octave band from 31.5 Hz to 8,000 Hz centre frequencies inclusive between the hours of 8.00 a.m. to 10.00 p.m. daily and 0dB above the L90 background between 10.00 p.m. and 8.00 a.m. the following morning. However, when the L90 background levels in frequencies below 63 Hz are equal to or below the threshold of hearing, as specified by the equal loudness contours for octave bands of noise, this sub-clause does not apply to any such frequencies.

(c) A sound level at any point on the boundary of the site greater than the background levels specified in Australian Standard 1055. "Acoustics - Description and Measurement of Environmental Noise".

(d) An "offensive noise" as defined in the Noise Control Act 1975.

(e) The emission into the surrounding environment of gases, vapours, dust, or other impurities which are a nuisance or injurious or dangerous or prejudicial to health. Monday 20 December 1999 1046

The method of measurement of vibration in (a) and sound levels in (b), (c) and (d) must be carried out in accordance with AS 2973 for vibration measurements. AS 1055 for outdoor sound level measurements, and AS 2107 for indoor sound level measurements.

PATRON BEHAVIOUR

(9) The Management/Licensee shall ensure that the behaviour of patrons entering and leaving the premises does not detrimentally affect the amenity of the neighbourhood. In this regard the management shall be responsible for the control of noise, loitering and litter generated by patrons of the premises and shall ensure that people leave the premises and area in an orderly manner. If so directed by the Council, the Management is to employ private security staff to ensure that this condition is complied with to the satisfaction of Council.

(10) The Management/Licensee shall prevent patrons removing glasses, opened cans, bottles or alcohol from the premises.

(11) Signs shall be placed in clearly visible positions within the hotel requesting patrons upon leaving the premises to do so quickly and quietly, having regard to maintaining the amenity of the area.

CARE OF BUILDING SURROUNDS

(12) In addition to Council’s daily street sweeping and cleansing operations, the owner/manager of the building shall ensure that the forecourt and the surrounds of the building including pavements and gutters are to be kept clean and free of litter at all times.

SIGNS

(13) A separate development application for any proposed signs which are either externally fitted or applied must be submitted for the approval of Council prior to the erection or display of any such signs.

(14) Portable signs or goods for sale or display must not be placed on the footway or other public areas.

(15) Any future external signage for the gaming area shall only be ancillary to an identification sign for the premises, as an under-awning sign or other sign acceptable to the Council.

(16) For licensed premises, in addition to the sign showing the Licensee’s name, there shall be affixed alongside, details of the maximum number of persons permitted in the premises, in letters not less than 25mm, displayed at the main front entrance of the premises. The overall size of both signs shall not exceed 600mm in height or width in total. 1047 Monday 20 December 1999

ACCORD WITH LICENSED PREMISES

(17) The Licensee is encouraged to become a member of the City of Sydney Accord with Licensed Premises (contact the City Service Development Unit 9265 9003 for information).

SECURITY MANAGEMENT PLAN

(18) The Licensee shall prepare and submit a Security Management Plan which specifies appropriate security patrol, training of staff, uniforms, numbers of security staff at different times, surveillance, weapons detection and other security and response methods in and around the site, for approval of Council prior to commencement of the use.

HOURS OF OPERATION

(19) The hours of operation are regulated as follows:

(a) The hours of operation of the premises shall be restricted to between 8.00am to 12 midnight on Mondays to Saturdays (inclusive) and between 10.00am to 10.00pm on Sundays.

(b) Notwithstanding (a) above, the premises may operate 24 hours a day, seven days a week, for a trial period of 12 months from the date of commencement of these extended hours. The licensee shall inform Council in writing of the date upon which these extended hours commenced.

(c) A further application may be lodged to continue the trading outlined in (b) above before the end of the trial period for Council’s consideration. Such consideration will be based on, inter alia, on the performance of the operator in relation to compliance with development consent conditions, and any complaints received, commitment to any Accord in place and any views expressed by the Police. It should be noted that the trial period and the consent may be deemed not to have commenced unless the full range of hours approved has continually occurred during the trial period.

REMOVAL OF BOTTLES AND GLASSES

(20) The removal of recycled bottles and glasses shall only occur between 7.00am and 8.00pm weekdays and 9.00am and 5.00pm weekends and public holidays, to avoid noise disruption to the surrounding area.

FOOTPATH LIGHTING

(21) Footpath lighting shall be provided along Alfred and Pitt Streets for the full frontage of the site. The location, design and illumination of such lighting shall ensure pedestrian safety, shall be at a minimum level of 10 lux in the horizontal and vertical plan and shall be approved by the Director City Development and installed prior to commencement of the use. Monday 20 December 1999 1048

AREA TO BE PROVIDED FOR PUBLIC TELEPHONE

(22) The owner/s must provide, free of cost, an area for the installation of a public telephone. The area must be furnished with one public telephone (similar to the Telstra Blue Phone) in consultation with the applicant's preferred provider. At least one telephone should be accessible for use by persons with a disability and be available for public use during the normal opening hours of the premises. Details shall be approved by Council prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979 or prior to commencement of the use.

NO PUBLIC ENTERTAINMENT

(23) No Public Entertainment, as defined under Local Government Act, 1993 is to be provided within the premises unless approved by a separate application. Schedule 1B

Conditions to be complied with prior to issue of Construction Certificate to the satisfaction of the Certifying Authority

DESIGN MODIFICATIONS

(24) The design of the building shall be modified as follows:

(a) The two sets of doors at WD03 and WD05 shall be replaced with doors with a traditional arrangement. In this regard, fixed full length side lights, which are slightly narrower than the central double doors with a fixed post attached to the outer leaf to divide the operable doors and the fixed side lights, shall be provided within the existing openings.

(b) The proposed automatic teller machine at the Alfred Street and Pitt Street corner shall be located behind the building frontage with queuing space within the building. This shall not be satisfied by provision of a recess in the building alignment. In this regard, the automatic teller machine shall be located totally within the room identified as “St George ATM Room” on drawing ID.G300/A dated 28 October 1999, shall only be accessed via the existing access door serving the adjacent Exchange Bureau, and shall remain independent of the hotel/pub use.

The amendments shall be submitted for the approval of Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. 1049 Monday 20 December 1999

RECEPTACLES FOR CIGARETTE BUTTS

(25) Provision must be made outside the entrance/s to the building for an adequate number of receptacles for the disposal of cigarette butts. The design of the receptacle/s must be approved by Council prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

Note: The emptying and maintenance of the receptacle/s is the responsibility of the building owner/manager and will not be undertaken by Council.

ACCESS FOR PEOPLE WITH DISABILITIES

(26) Access for people with disabilities shall be provided in accordance with Part D3 of the Building Code of Australia and Council’s Access Policy. Prior to issue of a Construction Certificate under Environmental Planning and Assessment Act 1979, a certificate certifying compliance with this condition OR a Compliance Certificate (Form 10 Environmental Planning and Assessment Act Regulation 1998) must be provided, and copy submitted to Council.

GLAZING

(27) All external glazing in the development must be clear and untinted.

PAVING MATERIALS

(28) The surface of any material used or proposed to be used for the paving of colonnades, thoroughfares, plazas, arcades and the like which are used by the public must comply with AS/NZS 3661.1:1993 “Slip Resistance of Pedestrian Surfaces Part 1: Requirements”, Appendices A and B.

SANITARY FACILITIES

(29) Sanitary and other facilities must be provided in accordance with the Building Code of Australia, Part F2.

DESIGN FOR STORAGE AND HANDLING OF WASTE

(30)

(a) The design of the building and the methods of storage and handling of waste and recyclable material must comply with the Code for Waste Handling in Buildings adopted by Council 17 October 1994. The Code requires the submission of a Waste Management Plan, except for minor partition work (Annexure “A” of Code). Monday 20 December 1999 1050

The project may require a garbage room, which must be large enough to store, and allow easy removal of the waste, which will be generated by the proposed use. Allowance must be made for the separation of putrescible waste from waste suitable for recycling.

(b) The Waste Management Plan for the project must be submitted to and approved by the Certifying Authority prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. The Waste Management Plan must be submitted by the Architect or other appropriately qualified person experienced in Waste Handling Design and Environmental Management.

Note:

Special requirements exist in Council’s Code for premises such as medical and dental surgeries, food premises, skin penetration premises, laboratories and the like.

The Code recognises the constraints imposed by existing buildings and design issues. In circumstances where full compliance is not possible, an “Alternative Solution” must be submitted to the Certifying Authority.

REGISTRATION OF FOOD PREMISES

(31) Prior to issue of an Occupation Certificate, Council’s City Care Unit (Health Section) shall be notified of the premises being used for the preparation, manufacture or storage of food for sale. The premises will be registered on Council’s Food Premises Database. Schedule 1C

Conditions to be complied with prior to commencement of construction or demolition or work to the satisfaction of the Principal Certifying Authority

DESIGN OF FOOD PREMISES

(32)

(a) All parts of the premises to be used for or in connection with the delivery, storage, preparation or service of food or beverages must be designed, constructed and have facilities which comply with the National Code for the Construction and Fitout of Food Premises, the Food Act 1989, and the Food (General) Regulation 1997. The premises must be ventilated in accordance with the Building Code of Australia and Council’s Ventilation Code.

(b) Plans and specifications of the design together with Certification of Design, must be submitted to the satisfaction of either: 1051 Monday 20 December 1999

(i) the Certifying Authority with the construction certificate application, ie.

* an Environmental Planning and Assessment Regulation 1994 Form 10 Compliance Certificate; or

*Certification in the form of Attachment F1 signed by an Architect or other persons appropriately qualified and experienced in the design, codes and legislative provisions for food premises, when the Certifying Authority is the Council,

OR

(ii) the Principal Certifying Authority prior to the commencement of the work, ie.

* an Environmental Planning and Assessment Regulation 1994 Form 10 Compliance Certificate; or

*Certification in the form of Attachment F1 signed by an Architect or other persons appropriately qualified and experienced in the design, codes and legislative provisions for food premises, when the Principal Certifying Authority is the Council.

Note

Separate Certification is required for all new or altered Mechanical Ventilation systems, compliance with Councils Code for Waste Handling in Buildings and for major food areas, hotels, food courts and similar establishments.

FOOD MANAGEMENT PLAN

(33)

(a) Prior to commencement of the use a Food Management Plan must be submitted to the Principal Certifying Authority for the total site complex detailing the design of the premises and the methods proposed to protect food from contamination or spoilage in accordance with the National Code for the Construction and Fitout of Food Premises, the Food Act 1989 and the Food (General) Regulation 1997.

(b) The Food Management Plan must address the following issues:-

(i) The design, location and ventilation of all areas and rooms proposed for use in connection with food delivery.

(ii) The design of the delivery dock areas including the need for vermin proofing, storage, and refrigeration of food. Monday 20 December 1999 1052

(iii) The proposed system of transportation and protection of food until delivered to the various outlets.

(iv) The need for specific food modules, dumb waiters or dedicated lifts designed for the carriage of food.

(v) The physical separation of the Food transfer areas from the Waste transfer areas.

(vi) The need for refrigerated rooms for Waste Handling.

(c) Prior to commencement of the use a copy of the Food Management Plan and Certification in the form of Attachment F3 must be submitted. Such Certification must be given by an appropriately qualified and experienced Architect or other person appropriately qualified and experienced in Public Health or Food Technology.

APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE

(34) A separate application is to be made to Council for Approval under Section 68 of the Local Government Act 1993 to erect a hoarding or scaffolding in a public place and such application is to include:-

(a) Architectural, construction and structural details of the design in accordance with the Policy for the Design and Construction of Hoarding (September 1997) and the Interim Policy for Temporary Protective Structures.

(b) Structural certification prepared and signed by an appropriately qualified practising structural Engineer.

(c) Evidence of the issue of a Structural Works Inspection Certificate and structural certification will be required prior to the commencement of demolition or construction works on site.

PEDESTRIAN AND TRAFFIC MANAGEMENT DURING CONSTRUCTION

(35) A Pedestrian and Traffic Management Plan must be submitted to and approved by Council prior to commencement of demolition/excavation or construction on the site and must include details of:-

(a) Proposed ingress and egress of vehicles to and from the construction site;

(b) Proposed protection of pedestrians adjacent to the site;

(c) Proposed pedestrian management whilst vehicles are entering and leaving the site; 1053 Monday 20 December 1999

(d) Proposed route of construction vehicles to and from the site.

The Pedestrian and Traffic Management Plan shall be implemented during the construction period.

APPLICATION FOR BARRICADE PERMIT FOR ENCLOSURE OF A PUBLIC PLACE REQUIRED FOR CONSTRUCTION/BUILDING WORKS

(36) Where construction/building works require the use of a public place including a road or footpath, approval under Section 68 of the Local Government Act 1993 for a Barricade Permit is to be obtained from Council prior to the commencement of work. Details of the barricade construction, area of enclosure and period of work are required to be submitted to the satisfaction of Council. Schedule 1D

Conditions to be complied with during construction

HOURS OF WORK AND NOISE

(37) The hours of construction and work on the development shall be as follows:

(a) All work, including demolition, excavation and building work in connection with the proposed development must only be carried out between the hours of 7.00 a.m. and 7.00 p.m. on Mondays to Fridays, inclusive, and 7.00 a.m. and 5.00 p.m. on Saturdays, and no work must be carried out on Sundays or public holidays.

(b) The applicant must provide to Council a 24 hour per day telephone contact number and must ensure such number is continually attended by a person with authority over the building work during the construction period.

(c) The approved hours of work and the 24 hour telephone number must be prominently displayed at all times on the building site and must be visible from a public street or a public place.

(d) All work, including demolition, excavation and building work must comply with "The City of Sydney Code of Practice for Construction Hours/Noise 1992" and Australian Standard 2436- 1981 'Guide to Noise Control on Construction, Maintenance and Demolition Sites'.

Note: The "City of Sydney Code of Practice for Construction Hours/Noise 1992" allows extended working hours subject to the making of an application in accordance with the Code and under Section 96(2) of the Environmental Planning and Assessment Act 1979, and the granting of approval thereto. Monday 20 December 1999 1054

CONSTRUCTION DURING THE OLYMPICS

(38) Should construction be required to take place during the period 1 September 2000 to 1 October 2000 it may only be carried out in accordance with a Traffic and Pedestrian Management Plan and a Construction Program submitted and approved by Council, after consultation with the relevant Olympic authorities, such submission to be made at least three months prior to September 2000.

LOADING AND UNLOADING DURING CONSTRUCTION

(39) The following requirements apply:-

(a) All loading and unloading associated with construction must be accommodated on site.

(b) If it is not feasible for loading and unloading to take place on site, the provision of a construction zone may be considered by Council.

(c) In addition to any approved construction zone, provision must be made for loading and unloading to be accommodated on site once the development has reached ground level.

(d) If a construction zone is warranted, such an application must be made to Council prior to commencement of work on the site. An approval for a construction zone may be given for a specific period and certain hours of the days to reflect the particular need of the site for such facility at various stages of construction. The approval will be reviewed periodically for any adjustment necessitated by the progress of the construction activities.

PROTECTION OF STREET TREES DURING CONSTRUCTION

(40) All street trees shall be protected at all times during construction, in accordance with Council’s Tree Preservation Order. Any tree on the footpath which is damaged or removed during construction shall be replaced, to the approval of Council and the Principal Certifying Authority.

CONTROL OF VERMIN

(41) Measures for the eradication of vermin from the site during construction work shall be implemented prior to the commencement of any work to the satisfaction of the Principal Certifying Authority. All service ducts and cable entries to existing premises should be sealed prior to any demolition being carried out. 1055 Monday 20 December 1999

NO OBSTRUCTION OF PUBLIC WAY

(42) The public way must not be obstructed by any materials, vehicles refuse, skips or the like, under any circumstances. Non-compliance with this requirement will result in the issue of Notice by Council to stop all work on site. Schedule 1E

Conditions to be complied with prior to issue of Occupation Certificate and prior to commencement of use, to the satisfaction of the Principal Certifying Authority

COMPLIANCE CERTIFICATE FOR FOOD PREMISES

(43) Prior to the use of any part of the premises for or in connection with the delivery, storage, preparation or service of food or beverages, or prior to issue of an Occupation Certificate, a Certificate of Completion must be submitted to the satisfaction of the Principal Certifying Authority;

EITHER

(a) an Environmental Planning and Assessment Regulation 1994 Form 10 Compliance Certificate;

OR

(b) a Food Premises Certificate of Completion in the form of Attachment F2 signed by an Architect or other person appropriately qualified and experienced in construction, fitout, codes and legislative provisions for food premises, when the Principal Certifying Authority is the Council.

VENTILATION SYSTEMS TO COMPLY WITH PUBLIC HEALTH REQUIREMENTS

(44) The premises must be ventilated in accordance with the Building Code of Australia and Council’s Ventilation Code.

NUMBERING

(45) Prior to issue of an Occupation Certificate street, numbers and the building name, shall be clearly displayed at either end of the ground level frontage in accordance with the “Policy on Numbering of Premises within the City of Sydney”. If new street numbers or a change to street numbers are required, a separate application shall be made to Council. Monday 20 December 1999 1056

STREET NAME PLATE

(46) Council’s standard street name plate shall be affixed to all street frontages of the building, visible to both pedestrian and vehicular traffic. The signs shall be obtained and installed at no cost to Council. (Contact the Team Leader – Urban Domain, Service Planning Policy).

WASTE COLLECTION CONTRACTS

(47) Prior to issue of an Occupation Certificate and/or prior to commencement of the use the building owner must ensure that there is a contract either with Council or a licensed contractor for the removal of trade waste. No garbage is to be placed on the public way eg. Footpaths, roadways, plazas, and reserves at any time. Schedule 2

The prescribed conditions in accordance with Clause 78 of the Environmental Planning and Assessment Regulation 1998 apply to the development.

Carried.

Note - Ms Jodie Marshall and Mr Peter Ryan addressed the meeting of the Planning Development and Transport Committee on Item 8.7.

DEVELOPMENT APPLICATION: 150-152 ELIZABETH STREET, SYDNEY (FORMER CYPRUS HELLENE CLUB) (D99-00735)

8.8

Moved by Councillor Greiner, seconded by Councillor Farr-Jones -

That arising from consideration of a report by the Area Planning Manager to the Planning Development and Transport Committee on 13 December 1999, in relation to Development Application D99-00735 made by the Metropolitan Aboriginal Association Incorporated for the site at 150-152 Elizabeth Street, Sydney to carry out alterations and additions, undertake conservation works and request an award of Heritage Floor Space, it be resolved that consent be granted subject to the following conditions:- 1057 Monday 20 December 1999

Schedule 1A

Approved Development, Contributions and Covenants

Note: Some conditions in Schedule A are to be satisfied prior to issue of a Construction Certificate and some are to be satisfied prior to issue of Occupation Certificate, where indicated.

APPROVED DEVELOPMENT

(1) Development must be in accordance with Development Application No. D1999/00735 dated 21 September 1999, the Conservation Plan prepared by Graham Brooks and Associates Pty Ltd, dated September 1999 and drawings numbered DA-001-0011 and CD-001-005 prepared by Graham Brooks and Associates Pty Ltd dated 19 September 1999 and as amended by the following conditions:-

AWARD OF HERITAGE FLOOR SPACE

(2) The owner may be awarded 1312sqm of heritage floor space under the provisions of the Central Sydney Local Environmental Plan 1996, if the elements set out in the following clauses are satisfied:-

(a) The owner shall complete the conservation work approved by this development consent and future Construction Certificates under the Environmental Planning and Assessment Act 1979, prior to the registration of such heritage floor space (HFS) in Council's Heritage Floor Space Register;

(b) The owner shall enter into a deed with Council and register any required covenants on the title of the land on the completion of the conservation works to:-

(i) ensure the continued conservation and maintenance of the building; and

(ii) limit any future development of the site to the total area of the conserved building, which has a FSA of 3589sqm.

(c) All legal documentation shall be prepared by Council’s solicitor. The cost of preparation and registration of all documentation must be borne by the owner.

(d) The owner will only be registered as the owner of 1312 sqm of heritage floor space following the completion of paragraphs (a) - (c) of this condition.

(e) On the satisfactory completion of (a) - (c) above, and on application to Council, the owner will be issued with a letter of registration of HFS. Monday 20 December 1999 1058

(3) The Conservation Management Plan prepared by Graham Brooks and Associates, dated December 1999, should be amended in the following manner:

(a) Inclusion in section 2.0 Historical Outline of a pre European History of the site.

(b) Inclusion in section 3.0 Description of a condition assessment of the building. Where building maintenance work is required as a result of this assessment, that has not been included in the scope of works relating to this HFS application, this work shall be carried out prior to the release of the award of HFS. The work is to be to the satisfaction of the Director, City Development prior to the release of the HFS award.

(c) Inclusion in section 5.0 Grading of significance a floor plan of the building denoting spaces of significance using the significance rating scale in section 5.1 of the CMP.

(d) Guideline 5 and 6 in section 7.3 Primary conservation philosophy be amended to read:

Remaining parts of the building (the club area, basement to second floor) may be adapted, however, adaptive works should not impact adversely on significant fabric and spaces.

The interpretation of the historic site should include both the Aboriginal and European history of the site.

(e) Policy in section 7.4 Future use of the building to read:

The future use of the building by the Aboriginal community shall be based on a combination of reconstruction of significant elements and spaces and/or adaptation of less important elements and spaces of the building.

(f) Guideline 6 relating to Policy in section 7.4 Future use of the building to read:

Adaptation of the building’s interior should have the utmost regard to the retention and conservation of the building’s remnant original fabric, including external walls, remaining timber flooring and significant spaces.

(g) Policy 7.5 Removal of intrusive elements should be amended to read

Removal or modification of elements of the building identified as being intrusive should be undertaken, unless these elements fulfil an important functional role that facilities the on going conservation of the building. 1059 Monday 20 December 1999

(h) Policy 7.6 Retention and Recovery of significant spaces and Fabric – Australian Hall and Entry Foyer be amended to read:

The internal form and significant fabric of the former Australian Hall and entry foyer should be preserved, restored and reconstructed to its 1938 configuration.

(i) Guideline 7 of policy 7.6 Retention and Recovery of significant spaces and Fabric – Australian Hall and Entry Foyer be amended to read:

Intervention into building fabric for non conservation purposes should generally be restricted to approved programs of reuse or upgrading of service areas and facilities in elements and spaces that are either of low significance or intrusive.

(j) Guidelines should be added to policy 7.11 Signage in the form of a signage strategy for the building. In particular, the strategy should consider the appropriate location, size, material, text and fixings for signage on the Elizabeth street facade for all tenants within the building.

(4) Full details of the conservation methodology and processes for the conservation of external stone and brick being are required. Details are to be submitted prior to the approval of the award of HFS to the satisfaction of Director City Development.

(5) The applicant is required to investigate the extent of significant fabric beneath the intrusive cladding panels on the ground floor façade on Elizabeth Street. A report should be prepared that details the investigation carried out, comments upon the condition of significant fabric, and discusses the opportunities for either restoration or reconstruction (or both) of this part of the façade. Details are required to the satisfaction of the Director City Development prior to work on this part of the development. Upon approval of this report the Director may require the applicant to either restore or reconstruct this area of the façade.

(6) Prior to the removal of paint from sandstone/brick surfaces on the building façade, a methodology for paint removal is to be approved by the Director City development. The methodology is to include on site testing to the satisfaction of the Director City Development.

(7) The insertion of services into the building and BCA compliance shall be carried out in order to minimise intervention into significant fabric. For example, where possible existing penetrations into significant fabric should be reused, new penetrations should only be made in areas of less significant fabric, and, ducting should be bundled together to prevent further penetrations.

(8) The future design details (materials, design and appearance) shall be provided regarding; Monday 20 December 1999 1060

(a) the Northern doors to Australia hall on the Elizabeth Street face, and

(b) the Ground floor egress doors on the Nithsdale Street façade.

Details shall be to the satisfaction of the Director, City Development prior to the release of the Construction Certificate.

PHOTOGRAPHIC ARCHIVAL DOCUMENTATION

(9) Prior to the removal of any significant building fabric or furnishings from the site, and prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979, the applicant is required to submit the following to Council, for deposit in the City of Sydney Archives:-

(a) Photographic documentation of the site and its context, and the exteriors and interiors of the existing building(s), photographed where appropriate, using a camera/lens capable of ‘perspective correction’, comprising:

(i) 35mm colour slides, numbered and referenced to the site and building plans, and presented in archival quality storage sheets;

(ii) 35mm or 120mm black and white film, numbered and referenced to the site and building plans, with negatives developed to archival standards, and 2 copies of contact sheets printed on fibre-based paper to archival standards;

(iii) selective black and white enlargements to be advised by Council, printed on fibre-based paper to archival standards to a minimum size of 20cm x 25cm, illustrating the location and context of the site/building, the relationship of adjacent buildings, building elevations, and important interior and exterior architectural spaces and features of the building/site;

(iv) A summary report of the photographic documentation, detailing;

a. the project description, method of documentation, and any limitations of the photographic record; and

b. photographic catalogue sheets, which are referenced to a site plan and floor plans no larger than A3, and indicating the location and direction of all photos (black & white prints and slides) taken.

(v) Written confirmation that the Council reserves the right to use the photographs for its own purposes and for genuine research purposes. 1061 Monday 20 December 1999

(b) Documentation shall be submitted to Council for lodging with the City of Sydney Archives, prior to the commencement of the removal of any building fabric or any demolition at the site.

(10) All fitments/fixtures attached to significant fabric must involve the least possible damage and interference with significant fabric. This work should be undertaken in consultation with heritage architect.

(11) The applicant is to commission an experienced conservation architect to work with the consultant team throughout the design development, contract documentation and construction stages of the project. The conservation architect is to be involved in the resolution of all matters where existing significant fabric and spaces are to be subject to preservation, restoration, reconstruction, adaptive reuse, recording and demolition. The conservation architect is to be provided with full access to the site and authorised by the applicant to respond directly to Council where information or clarification is required regarding the resolution of heritage issues throughout the project.

(12) The applicant is to commission experienced trades persons (as appropriate) that are skilled in traditional building trades to advise on the conservation of the place and carry out any work required.

(13) The proposed works are to be carried out in a manner that involves minimum demolition, alteration, or irreversible damage to significant fabric (not affected by the scope of work of the application) of the heritage item. Particular care shall be taken to avoid damage to the significant fabric of the building during the carrying out of any electrical or plumbing works.

BCA ISSUES

(14) The proposal is to meet the performance requirements of the Building Code of Australia for Type “A” construction;

(15) The proposed development constitutes a Place of Public Entertainment (PoPE) and therefore a separation of not less than Fire Resistance Levels 60/60/60 must be provided from other area not being a PoPE.

(16) The proposal is to address all the requirements of part H101 of the BCA regarding Places of Public Entertainment.

(17) Plant and equipment shall be separated from the remainder of the building in accordance with Part C2.12 of the Building Code of Australia.

(18) The proposal must comply with the performance provisions of Part D of the Building Code of Australia. Alternatively the applicant is to identify all of the non-compliances with the deemed-to-satisfy provisions of the BCA and submit alternative solutions to the above mentioned issues. The following information must be provided: Monday 20 December 1999 1062

(a) Details of the performance requirements that alternative solution is intended to meet; and

(b) Details of the assessment methods used to establish compliance with those performance requirements.

(19) The proposal shall not commence use as Place of Public Entertainment until such time that a building application under Section 68 of the Local Government Act is submitted and approved by Council and a Licence is issued to commence use.

SECTION 61 CONTRIBUTION

(20) A contribution under Section 61 of the City of Sydney Act 1988 shall be paid in accordance with the following:

(a) Cash Contribution Required

(i) In accordance with the adopted “Central Sydney Contributions Plan 1997” a cash contribution must be paid to Council in accordance with this condition.

(ii) Payment shall be by bank cheque made payable to the City of Sydney.

(b) Amount of Contribution

(i) The amount of the contribution will be equivalent to 1% of the development cost, at the Construction Certificate stage, as determined in accordance with the “Central Sydney Contributions Plan 1997”.

(c) Certification of the calculation of the contribution in accordance with the “Central Sydney Contribution Plan 1997” shall be submitted for the approval of Council prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

(i) For developments over $2 million in cost, the certification of the building costs must be prepared by a Registered Quantity Surveyor.

(d) Timing of Payment

(i) The contribution must be paid prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

REMOVAL OF GRAFFITI

(21) The owner/manager of the site shall be responsible for the removal of all graffiti from the building within 48 hours of its application. 1063 Monday 20 December 1999

(22) The hours of operation must be restricted to between 8.00am and 6.00pm Mondays to Fridays, inclusive, 8.00am to 4.00pm on Saturdays and 10.00am to 4.00pm on Sundays.

NOISE

(23) The use of the premises must not give rise to any one or more of the following:

(a) Transmission of vibration to any place of different occupancy greater than specified in AS 2670.

(b) An indoor sound pressure level in any place of different occupancy (and/or public place) greater than 3dB above the L90 background level in any octave band from 31.5 Hz to 8,000 Hz centre frequencies inclusive between the hours of 8.00 a.m. to 10.00 p.m. daily and 0dB above the L90 background between 10.00 p.m. and 8.00 a.m. the following morning. However, when the L90 background levels in frequencies below 63 Hz are equal to or below the threshold of hearing, as specified by the equal loudness contours for octave bands of noise, this sub-clause does not apply to any such frequencies.

(c) A sound level at any point on the boundary of the site greater than the background levels specified in Australian Standard 1055. "Acoustics - Description and Measurement of Environmental Noise".

(d) An "offensive noise" as defined in the Protection of the Environment Operations Act 1997.

(e) The emission into the surrounding environment of gases, vapours, dust, or other impurities which are a nuisance or injurious or dangerous or prejudicial to health.

(f) The method of measurement of vibration in (a) and sound levels in (b), (c) and (d) must be carried out in accordance with AS 2973 for vibration measurements. AS 1055 for outdoor sound level measurements, and AS 2107 for indoor sound level measurements.

(24) The Management shall ensure that the behaviour of patrons entering and leaving the premises does not detrimentally affect the amenity of the neighbourhood. In this regard, the management shall be responsible for the control of noise and litter generated by patrons of the premises and shall ensure that patrons leave the vicinity of the premises in an orderly manner to the satisfaction of Council. If so directed by Council, the Management is to employ private security staff to ensure that this condition is complied with.

(25) No amusement or poker machines are to be installed on the premises. Monday 20 December 1999 1064

(26) The glass shop front must not be tinted, screened by blinds, curtains or the like or obscured.

CARE OF BUILDING SURROUNDS

(27) In addition to Council’s daily street sweeping and cleansing operations, the owner/manager of the building shall ensure that the forecourt and the surrounds of the building including pavements and gutters are to be kept clean and free of litter at all times.

SIGNS

(28) A separate development application for any proposed signs which are either externally fitted or applied must be submitted for the approval of Council prior to the erection or display of any such signs.

(29) Portable signs or goods for sale or display must not be placed on the footway or other public areas.

(30) The Licensee is encouraged to become a member of the City of Sydney Accord with Licensed Premises (contact the City Service Development Unit 9265 9003 for information).

(31) The Management/Licensee shall prevent patrons removing glasses, opened cans, bottles or alcohol from the premises. Schedule 1B

Conditions to be complied with prior to issue of Construction Certificate to the satisfaction of the Certifying Authority

SANITARY FACILITIES

(32) Sanitary and other facilities must be provided in accordance with the Building Code of Australia, Part F2.

(33) Access for people with disabilities shall be provided in accordance with Part D3 of the Building Code of Australia and Council’s Access Policy. Prior to issue of a Construction Certificate under Environmental Planning and Assessment Act 1979, a certificate certifying compliance with this condition OR a Compliance Certificate (Form 10 Environmental Planning and Assessment Act Regulation 1998) must be provided, and copy submitted to Council.

GLAZING

(34) All external glazing in the development must be clear and untinted. 1065 Monday 20 December 1999

Schedule 1C

Conditions to be complied with prior to commencement of construction or demolition or work to the satisfaction of the Principal Certifying Authority

CERTIFICATION OF MECHANICAL VENTILATION

(35) The details of any mechanical ventilation or air conditioning must be certified by a competent person to comply with Council’s Ventilation Code, the Building Code of Australia and relevant Australian Standards, to the satisfaction of the Principal Certifying Authority prior to commencement of any mechanical services work.

(a) To enable certification, the mechanical ventilation documentation prescribed below shall be submitted to the Principal Certifying Authority:

(b) Certified plans (in duplicate), coloured so as to adequately distinguish the proposed alterations;

(c) A general description of the project plus mechanical ventilation drawings and documentation in duplicate, coloured to show ductwork and equipment as set out below. (Where appropriate a schematic drawing should also be submitted).

(i) Supply Air Ducts, Shafts and Fans - Blue (ii) Return Air Ducts, Shafts and Fans - Pink (iii) Outside Air Ducts, Shafts, Intakes and Stair Pressurisation - Green (iv) Exhaust Air Ducts, Shafts, Fans, Discharges and Smoke Spill - Orange (v) Mixing Boxes and Conditions - Yellow (vi) Fire Dampers and Electric Heaters - Red

(d) Drawings which show where applicable the existing and proposed air intakes, air discharges and cooling towers and their relative position to each other, the boundaries of the site, openable windows, and adjoining buildings;

(e) A Mechanical Ventilation Design Certificate pursuant to Section 93 of the Local Government Act 1993 in the form of Attachment M1, together with the Curriculum Vitae of the Design Engineer or other appropriate Certifier must be submitted to Principal Certifying Authority (PCA). A copy of the Certificate and a microfilm set of the certified drawings must be submitted to Council by the PCA;

(f) Documentary evidence in support of requests for departure from the prescribed or deemed provisions of the Building Code of Australia or any other requirements. Monday 20 December 1999 1066

(36) Prior to the commencement of work, the following documentation must be submitted to the satisfaction of the Principal Certifying Authority (PCA) and a copy of same submitted to Council:

(a) Structural Drawings prepared by an appropriately qualified practising Structural Engineer, corresponding with and attached to a Structural Certificate (see (b));

(b) Structural Certificate/s for Design, submitted in the form of Attachment S1A completed by the Project/Principal Engineer and S1B completed usually by the Architect, OR a Compliance Certificate (Form 10 of the Environmental Planning and Assessment Regulation 1998), after the structural drawings have been checked and comply with:

(i) The relevant clauses of the Building Code of Australia (BCA);

(ii) The relevant conditions of Development Consent;

(iii) The Architectural Plans incorporated with the Construction Certificate; and

(iv) The relevant Australian Standards listed in the BCA (Specifications A1.3);

(v) Any other relevant report/s or documents. Specify on form S1A.

(c) Repeat (a) and (b) for any revision, or staged submission of structural drawings.

(d) Notes:

(i) An appropriately qualified practising structural engineer certifying by completing Attachment S1A must have:-

a. Appropriate tertiary qualifications in Civil or Structural Engineering; AND

b. Corporate membership of the Institution of Engineers Australia or equivalent; AND

c. Evidence of relevant experience in the form of a CV/Resume;

d. Appropriate current professional indemnity insurance. 1067 Monday 20 December 1999

(ii) An appropriately qualified practising structural engineer certifying by issuing a Form 10 Compliance Certificate must have accreditation as a certifier for Structural Engineering issued by the Institution of Engineers Australia in accordance with the Environmental Planning and Assessment Act 1979.

(iii) An appropriately qualified person certifying by completing Attachment S1B must have a good working knowledge of the Building Code of Australia and Structural and Architectural drawing co-ordination.

(iv) Certification of Inspection/s is also required prior to issue of the Occupation Certificate, and/or prior to use. See Schedule 1E Conditions.

(v) Council reserves the right to randomly audit any structural documentation.

(37) Prior to issue of an Occupation Certificate or use of the premises, a Structural Inspection Certificate in the form of Attachment S1C OR a Compliance Certificate (Form 10 of the Environmental Planning and Assessment Regulation 1998) must be submitted to the satisfaction of the Principal Certifying Authority (PCA) (Council or a private accredited certifier) after:

(a) The site has been periodically inspected and the structural certifier is satisfied that the Structural Works are deemed to comply with the final Design Drawings; and

(b) The drawing revisions listed on the Inspection Certificate have been checked with those listed on the final Design Certificate/s.

(c) A copy of the Certificate with a microfilm set of the final drawings shall be submitted to Council if it was not the PCA.

(38) Notes:

(a) An appropriately qualified practising structural engineer certifying by completing Attachment S1C must have:-

(i) Appropriate tertiary qualifications in Civil or Structural Engineering, AND;

(ii) Corporate membership of the Institution of Engineers Australia or equivalent; AND

(iii) Evidence of relevant experience in the form of a CV/Resume;

(iv) Appropriate current professional indemnity insurance. Monday 20 December 1999 1068

(b) An appropriately qualified practising structural engineer certifying by issuing a Form 10 Compliance Certificate must have accreditation as a certifier for Structural Engineering issued by the Institution of Engineers Australia in accordance with the Environmental Planning and Assessment Act 1979.

(c) Council reserves the right to randomly audit any structural documentation.

APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE

(39) A separate application is to be made to Council for Approval under Section 68 of the Local Government Act 1993 to erect a hoarding or scaffolding in a public place and such application is to include:-

(a) Architectural, construction and structural details of the design in accordance with the Policy for the Design and Construction of Hoarding (September 1997) and the Interim Policy for Temporary Protective Structures.

(b) Structural certification prepared and signed by an appropriately qualified practising structural Engineer.

(c) Evidence of the issue of a Structural Works Inspection Certificate and structural certification will be required prior to the commencement of demolition or construction works on site.

(40) Prior to the commencement of work, a Construction and Traffic Management Plan must be submitted to the satisfaction of the Principal Certifying Authority, and a copy submitted to Council. The Plan shall address the following:

(a) Use of mobile cranes;

(b) Loading and unloading including construction zones;

(c) Waste management during construction;

(d) Detail of hoardings;

(e) Control of runoff during construction;

(f) Barricade permits; and

(g) Pedestrian and traffic management. 1069 Monday 20 December 1999

Schedule 1D

Conditions to be complied with during construction

SANITARY FACILITIES

(41) Sanitary and other facilities must be provided in accordance with the Building Code of Australia, Part F2.

HOURS OF WORK AND NOISE

(42) The hours of construction and work on the development shall be as follows:

(a) All work, including demolition, excavation and building work in connection with the proposed development must only be carried out between the hours of 7.00 a.m. and 7.00 p.m. on Mondays to Fridays, inclusive, and 7.00 a.m. and 5.00 p.m. on Saturdays, and no work must be carried out on Sundays or public holidays.

(b) The applicant must provide to Council a 24 hour per day telephone contact number and must ensure such number is continually attended by a person with authority over the building work during the construction period.

(c) The approved hours of work and the 24 hour telephone number must be prominently displayed at all times on the building site and must be visible from a public street or a public place.

(d) All work, including demolition, excavation and building work must comply with "The City of Sydney Code of Practice for Construction Hours/Noise 1992" and Australian Standard 2436- 1981 'Guide to Noise Control on Construction, Maintenance and Demolition Sites'.

(e) Note: The "City of Sydney Code of Practice for Construction Hours/Noise 1992" allows extended working hours subject to the making of an application in accordance with the Code and under Section 96(2) of the Environmental Planning and Assessment Act 1979, and the granting of approval thereto.

CONSTRUCTION DURING THE OLYMPICS

(43) Should construction be required to take place during the period 1 September 2000 to 1 October 2000 it may only be carried out in accordance with a Traffic and Pedestrian Management Plan and a Construction Program submitted and approved by Council, after consultation with the relevant Olympic authorities, such submission to be made at least three months prior to September 2000. Monday 20 December 1999 1070

Schedule 1E

Conditions to be complied with prior to issue of Occupation Certificate and prior to commencement of use, to the satisfaction of the Principal Certifying Authority

(44) An Occupation Certificate (form 12 under the Environmental Planning and Amendment Regulation 1998) must be obtained from the Principal Certifying Authority (PCA) (Council or a private accredited certifier) and a copy furnished to Council in accordance with Section 79L of the Environmental Planning and Assessment Amendment Regulation 1998 prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building. A copy of the certificate shall be submitted to Council if it was not the PCA.

(45) All materials used in the building shall comply with specification C1.10 of the Building Code of Australia.

(46) Prior to issue of an Occupation Certificate under Environmental Planning and Assessment Act 1979 and following the completion, installation, and testing of all the mechanical ventilation systems covered by the approval, a Mechanical Ventilation Certificate of Completion and Performance in the form of Attachment M2 must be submitted to the Principal Certifying Authority (PCA) (Council or a private accredited certifier). A copy of the Certificate and a microfilm set of the certified drawings must be submitted to Council if it was not the PCA.

Note:

(a) Council reserves the right to randomly audit any mechanical ventilation documentation.

(47) A Fire Safety Certificate (form 15 under the Environmental Planning and Assessment Amendment Regulation 1998) must be furnished to the Principal Certifying Authority (PCA) (Council or a private accredited certifier) for all of the items listed in the Fire Safety Schedule forming part of this approval prior to any consent for occupancy/partial occupancy being granted. A copy of the Certificate must be submitted to Council if it was not the PCA. Schedule 2

The prescribed conditions in accordance with Clause 78 of the Environmental Planning and Assessment Regulation 1998 apply to the development. 1071 Monday 20 December 1999

Schedule 3

Terms of Approval

Other Integrated Development Approvals

The Terms of Approval for Integrated Development as advised by the NSW Heritage Council are as follows:

(48) All work shall be carried out as shown in the following documentation, prepared by Graham Brooks and Associates:-

(a) Statement of Environmental Effects (dated August 1999);

(b) Conservation Management Plan (dated September 1999);

(c) A1 Drawings, dated 15 September 1999, marked DA/001 to DA/011 inclusive, CD/001 to CD/005 inclusive and DA/003/1;

(49) Design resolution and working drawings shall be finalised with the advice of a consultant/s experienced in the conservation of similar heritage items who shall ensure that work is in accordance with the conservation management documents listed above;

(50) Work shall be superintended on site by a consultant/s experienced in the conservation of similar heritage items who shall ensure work is in accordance with the above conservation management documents;

ADVISING

(51) The Heritage Council supports proceeding with the endorsement of the Conservation Management Plan and that any recommendations from the review of that Plan will become part of the approval consent for the S.60 approval.

(52) Under the Integrated Development provisions of the Environmental Planning and Assessment Act, a separate Section 60 application must be lodged and approved in accordance with the NSW Heritage Act, 1977 before works commence.

Carried. Monday 20 December 1999 1072

PART “A” (CONTINUED) - DETERMINED BY COUNCIL

DEVELOPMENT APPLICATION: CITIBANK TOWER: 2-26 PARK STREET, (CNR GEORGE STREET), SYDNEY (D 1999/00925)

8.9

That arising from consideration of a report by the Specialist Planner to the Planning Development and Transport Committee on 13 December 1999, in relation to Development Application D99-00925 made by Manboom Pty Ltd. for the site at the north-eastern Corner of Park and George Streets Sydney, for the installation of a Video Screen on the Citibank tower building and an associated sound system mounted on either side of the screen, it be resolved that the application be refused on the following grounds:-

(1) The proposal contradicts the objectives of the Central Sydney Local Environmental Plan City Centre zone in that it does not recognise and enhance but diminishes the character of the Special Areas of York Street, Sydney Square, Sydney Town Hall, and St Andrews’ Cathedral. This in turn will constrain the development of buildings and works that are consistent with achieving the other objectives of this zone;

(2) The proposal contradicts the objectives of the Development Control Plan 1996 in regard to advertising and signage in that:

(a) It detracts from the character of the streetscape and does not complement the architectural style and use of the buildings in the Special Areas of York Street, Town Hall, Sydney Square, and St Andrews’ Cathedral;

(b) It will be detrimental to the amenity of nearby residential developments and the quality of the public domain;

(3) The proposal is not suitable for the location and is inappropriate having regard to the qualities of the area, being in the vicinity of significant Heritage Items and Special Areas and civic spaces designated under the terms of Central Sydney Local Environmental Plan 1996;

(4) The proposal will have an unacceptable visual impact on the area;

(5) The screen provides an opportunity for intrusive advertising which is inappropriate in the proposed location;

(6) The character of the area, due to the qualities and setting of the buildings and civic spaces as well as the dominant activities, is such that public contemplation and appreciation of these important qualities would be diminished by the proposal; 1073 Monday 20 December 1999

(7) The proposal will adversely impact on the setting and enjoyment of the adjacent significant heritage precinct (including the Queen Victoria Building, Town Hall, and St Andrews Cathedral), which should be retained as a principal point of focus of this location;

(8) The screen will be a traffic and safety hazard by visually distracting drivers and pedestrians, as outlined in the letter to the City of Sydney from the Roads and Traffic Authority dated 9 December 1999;

(9) The proposal will increase both noise and visual pollution in the City;

(10) The sound emanating from the speakers will have an adverse impact on the amenity of pedestrians;

(11) The site is unsuitable for the proposal as persons gathering to watch the screen would be obliged either to sit or stand on the Town Hall steps, obstructing access to the Town Hall, or to stand along the George/Park Street footpaths obstructing pedestrian movement, the numbers likely to be attracted to certain screenings have the potential to force pedestrians or viewers off the footpath onto the busy George or Druitt/Park Street roadways;

(12) More appropriate locations exist for such a screen and granting consent would not promote the rational and orderly development of land;

(13) Granting consent would set an undesirable precedent;

(14) Granting consent would not be in the public interest.

Carried unanimously.

Note - Mr Chris Elliott, Mr Graham Jahn and Mr Paul Mitchell addressed the meeting of the Planning Development and Transport Committee on Item 8.9. Monday 20 December 1999 1074

ITEM 9. CENTRAL SYDNEY LOCAL ENVIRONMENTAL PLAN 1996 - DRAFT AMENDMENT NO. 10 AND CENTRAL SYDNEY DEVELOPMENT CONTROL PLAN 1996 - DRAFT AMENDMENT NO. 10: EXEMPT AND COMPLYING DEVELOPMENT (S00 7283)

Moved by Councillor Turnbull, seconded by Councillor Ho -

That arising from consideration of the report by the Specialist Planner – Strategic/Section 94 to the Planning Development and Transport Committee on 13 December 1999 and to Council on 20 December 1999, regarding Draft Amendment No. 10 to Central Sydney Local Environmental Plan 1996 and Draft Amendment No. 10 to Central Sydney Local Environmental Plan 1996, it be resolved that -

(A) Council endorse Draft Amendment No. 10 to LEP 1996, as shown at Attachment A to the subject report, for submission to the Department of Urban Affairs and Planning for gazettal;

(B) Council endorse Draft Amendment No. 10 to DCP 1996, as circulated to Councillors prior to the meeting of Council, for approval; and

(C) in finalising the Draft LEP and Draft DCP for gazettal/approval, the Lord Mayor be authorised to make any minor drafting changes to the Draft LEP and Draft DCP as a result of consideration of this matter by the Central Sydney Planning Committee.

Carried.

ITEM 10. DEVELOPMENT APPLICATION: 441-459 PITT STREET (CNR HAY STREET AND CAMPBELL STREET HAYMARKET) – THE MANNING BUILDING (D1999/00841)

Moved by Councillor Turnbull, seconded by Councillor Greiner -

That arising from consideration of a report by Scott Carver Pty Ltd to the Planning Development and Transport Committee on 13 December 1999 and to Council on 20 December 1999, in relation to Development Application D1999/00841 made by Ipoh Ltd for the site at 441-459 Pitt Street, Sydney (Manning Building) for conservation of level 1 and 2 façade, demolition of the remainder of the existing structure and construction of a new seven storey building to be used a retail and commercial offices, it be resolved that consent be granted subject to the following conditions - 1075 Monday 20 December 1999

Schedule 1A

Approved Development, Contributions and Covenants

APPROVED DEVELOPMENT

(1) Development must be in accordance with Development Application No.D1999/00841 dated 20 October 1999 and architectural plans prepared by Cameron Chisholm and Nicol and dated 20 September 1999 and 1 October 1999 and the Statement of Environmental Effects prepared by City Plan Services dated October 1999 and as amended by the following conditions:

APPROVED DESIGN

(2) The approved design (including an element or detail of that design) or materials, finish or colours of the building must not be changed so as to affect the internal layout or external appearance of the building, without the approval of Council, subject to the detailing of the plant room being to the satisfaction of the Director City Development.

SECTION 61 CONTRIBUTION

(3) A contribution under Section 61 of the City of Sydney Act 1988 shall be paid in accordance with the following:

(i) Cash Contribution Required

(a) In accordance with the adopted “Central Sydney Contributions Plan 1997” a cash contribution must be paid to Council in accordance with this condition.

(b) Payment shall be by bank cheque made payable to the City of Sydney.

(ii) Amount of Contribution

(a) The amount of the contribution will be equivalent to 1% of the development cost, at the Construction Certificate stage, as determined in accordance with the “Central Sydney Contributions Plan 1997”.

(iii) Certification of the calculation of the contribution in accordance with the “Central Sydney Contribution Plan 1997” shall be submitted for the approval of Council prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

(a) For developments over $2 million in cost, the certification of the building costs must be prepared by a Registered Quantity Surveyor. Monday 20 December 1999 1076

(iv) Timing of Payment

(a) The contribution must be paid prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

CONSISTENCY OF DRAWINGS

(4) In the event that the approved plans incorporate inconsistencies of detail between the relevant plans and elevations, the details shown in the elevations shall take precedence.

(5) The architect of the project as approved should not be changed without prior notice to Council.

HERITAGE

(6) The corbelled masonry brackets protruding from the inside faces of the external walls, on level 2 of the north eastern section of the existing building are to be retained, appropriately restored and incorporated into the new development.

(7) The directory board on the ground floor of the existing Pitt Street entrance is to be retained, appropriately restored and incorporated into the new development.

(8) The existing trachyte bases beneath the masonry pilasters of the facades at ground floor level are to be retained and restored.

(9) All conservation works are to be carried out under the direction of practitioners with appropriate conservation experience and expertise.

Schedule 1B

Conditions to be complied with prior to issue of Construction Certificate to the satisfaction of the Certifying Authority

PUBLIC ART

(10) High quality art work shall be provided within the development in publicly accessible locations eg. near main entrances, lobbies and street frontages, in accordance with the Central Sydney DCP 1996 and the ‘Public Art Policy’. Details of the art work must be submitted for the approval of Council prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

PUBLIC DOMAIN PLAN

(11) The following requirements apply:- 1077 Monday 20 December 1999

(i) Three copies of a detailed Public Domain Plan shall be prepared by an architect, urban designer or landscape architect and shall be approved by Council (to be lodged with the Public Domain Officer at City Projects) prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. It is recommended that draft plans should be submitted for comment prior to formal submission for approval.

(ii) The Public Domain Plan shall be as follows:-

(a) Drawn at 1:100 scale.

(b) Show the entire layout of flagstone paving where this paving is required.

(c) Nominate the location, type and material of all existing and proposed public pavement elements including trees, paving, kerbs and gutters, pedestrian ramps, vehicle crossings, street furniture, utility poles, parking meters, pedestrian and traffic signals, service pits and stormwater pits.

(d) Include a longitudinal section of the pavement showing existing and proposed levels at 10 metre intervals at the building alignment, the kerb and the gutter on a common datum line. This longitudinal section is to be drawn at 1:100 horizontal scale and 1:10 (exaggerated) vertical scale. This section is to ensure that any significant longitudinal gradient change, such as flattening for vehicle entries, occurs within the building line and not at the public pavement.

(e) Include 1:50 scale cross sections through pedestrian ramps and vehicle crossings.

(f) Include specifications of the proposed works.

(iii) The Public Domain Plan shall comply with the specifications and details of the Central Sydney Paving Design Policy 1996 and Council’s Specifications and the Central Sydney Street Tree Policy 1994.

(iv) The Public Domain Plan shall incorporate the standard specifications and detail of the Central Sydney Paving Design Policy 1996 and Council’s Specifications adapted to suit the specific site requirements as advised by the Public Domain Officer and may include:-

(a) Adjustment to paving grades to provide a maximum crossfall of 2.5% from building line to top of kerb.

(b) Repaving in accordance with Central Sydney Paving Design Policy 1996 and Council’s Specifications. All granite paving (where applicable) is to be sealed in accordance with Council’s specifications. Monday 20 December 1999 1078

(c) The relocation or provision of new vehicle crossovers and pedestrian ramps including the consequent relocation of existing service pits, traffic signals, kerb corner radii, signs, street furniture and street trees.

(d) The retention of existing street trees and the provision of new street trees to comply with the Central Sydney Street Tree Policy 1994.

(e) The repair and where required the resetting of all stone kerbing to 150mm above the gutter height and the replacement of concrete kerbing with stone kerbing. Where adjustments require substantial kerb and gutter demolition, the carriageway shall be reconstructed to the centre line of the carriageway.

(f) The retention and repair of any existing pavement lights.

(g) The retention and repair of any existing serviceable stone gutters.

(h) The realignment and level adjustment of service pit lids to correspond to new kerb ramps and paving. New service pit lids in flagstone paving to be infill type, with stone infill to match stone paving surrounds. New service pit lids in asphalt paving to be infill type, with cement mortar infill coloured to match adjoining asphalt.

(v) Random checks by Council officers may be made throughout the construction process to advise the contractor of non-complying elements. However, no parts of the work are to be considered approved until receipt of the City of Sydney letter of approval. The City of Sydney will require all non complying parts to be rectified prior to issue of this letter.

EXTERNAL LIGHTING

(12) Details of any proposed external floodlighting or illumination of the building must be submitted for the approval of Council.

PHOTOGRAPHIC ARCHIVAL DOCUMENTATION

(13) Prior to the removal of any significant building fabric or furnishings from the site, and prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979, the applicant is required to submit the following to Council, for deposit in the City of Sydney Archives:-

(i) Photographic documentation of the site and its context, and the exteriors and interiors of the existing building(s), photographed where appropriate, using a camera/lens capable of ‘perspective correction’, comprising:

(a) 35mm colour slides, numbered and referenced to the site and building plans, and presented in archival quality storage sheets; 1079 Monday 20 December 1999

(b) 35mm or 120mm black and white film, numbered and referenced to the site and building plans, with negatives developed to archival standards, and 2 copies of contact sheets printed on fibre- based paper to archival standards;

(c) selective black and white enlargements to be advised by Council, printed on fibre-based paper to archival standards to a minimum size of 20cm x 25cm, illustrating the location and context of the site/building, the relationship of adjacent buildings, building elevations, and important interior and exterior architectural spaces and features of the building/site;

(d) A summary report of the photographic documentation, detailing;

i. the project description, method of documentation, and any limitations of the photographic record; and

ii. photographic catalogue sheets, which are referenced to a site plan and floor plans no larger than A3, and indicating the location and direction of all photos (black & white prints and slides) taken.

(e) Written confirmation that the Council reserves the right to use the photographs for its own purposes and for genuine research purposes.

(f) Accurate measured drawings should be prepared which record in detail the main stairwell, liftwell, and associated lobby corridors and their principal components including the stair handrailing, fire hose reel cabinets, etc.

(ii) Documentation shall be submitted to Council for lodging with the City of Sydney Archives, prior to the commencement of the removal of any building fabric or any demolition at the site.

ACCESS FOR PERSONS WITH A DISABILITY

(14) Access to the Manning Building shall be in accordance with the requirements of “The City of Sydney Access Policy December 1992”.

(15) Appropriate access to the building shall be provided for up to three telecommunications carriers. Details shall be submitted to and approved by the Certifying Authority provided prior to issue of a Construction Certificate under Environmental Planning and Assessment Act 1979. Monday 20 December 1999 1080

STORMWATER AND DRAINAGE

(16) The following stormwater details shall be submitted:-

(i) Details of the proposed stormwater disposal and drainage of the development are to be submitted for approval by Council prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. All approved details for the disposal of stormwater and drainage are to be implemented in the development.

(ii) Any proposed connection to Council’s underground drainage system will require the owner to enter into a deed of Agreement with Council and obtain registration on Title of a Positive Covenant prior to the commencement of any work within the public way, at no cost to Council.

(iii) The requirements of Sydney Water (currently the Urban Development Central East Group, Rockdale Regional Office) with regard to the on site detention of stormwater must be ascertained and complied with. Evidence of the approval of Sydney Water to the on-site detention must be submitted prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

UTILITY SERVICES

(17) To ensure that public utility authorities are advised of the development:

(i) A survey is to be carried out of all utility services within the site including relevant information from public utility authorities and excavation if necessary, to determine the position and level of services.

(ii) Prior to commencement of work the applicant is to negotiate with the public authorities (e.g. Energy Australia, Sydney Water, Telstra Australia, in connection with the relocation and/or adjustment of the services affected by the construction of the underground structure. Any costs in the relocation, adjustment or support of services are to be the responsibility of the developer.

WASTE SERVICES

(18)

(i) The design of the building and the methods of storage and handling of waste and recyclable material must comply with the Code for Waste Handling in Buildings adopted by Council 17 October 1994. The Code requires the submission of a Waste Management Plan, except for minor partition work (Annexure “A” of Code). 1081 Monday 20 December 1999

(a) The project may require a garbage room, which must be large enough to store, and allow easy removal of the waste, which will be generated by the proposed use. Allowance must be made for the separation of putrescible waste from waste suitable for recycling.

(ii) The Waste Management Plan for the project must be submitted to and approved by the Certifying Authority prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. The Waste Management Plan must be submitted by the Architect or other appropriately qualified person experienced in Waste Handling Design and Environmental Management.

Note:

Special requirements exist in Council’s Code for premises such as medical and dental surgeries, food premises, skin penetration premises, laboratories and the like.

The Code recognises the constraints imposed by existing buildings and design issues. In circumstances where full compliance is not possible, an “Alternative Solution” must be submitted to the Certifying Authority.

SANITARY FACILITIES

(19) Sanitary and other facilities must be provided in accordance with the Building Code of Australia, Part F2.

(20) Prior to issue of an Occupation Certificate, Council’s City Care Unit (Health Section) shall be notified of the premises being used for the preparation, manufacture or storage of food for sale. The premises will be registered on Council’s Food Premises Database.

(21) For alterations and additions to an existing building, a letter from a qualified practising structural engineer (NPER) or a Compliance Certificate (Form 10 of the Environmental Planning and Assessment Act Regulation 1994) shall be submitted to the attached to the Construction Certificate Application. The letter must state that the existing structure is adequate to support the new loads and that the design will comply with the relevant Australian Standards adopted by the Building Code of Australia (Specification A1.3).

(22) Access for people with disabilities shall be provided in accordance with Part D3 of the Building Code of Australia and Council’s Access Policy. Prior to issue of a Construction Certificate under Environmental Planning and Assessment Act 1979, a certificate certifying compliance with this condition OR a Compliance Certificate (Form 10 Environmental Planning and Assessment Act Regulation 1998) must be provided, and copy submitted to Council. Monday 20 December 1999 1082

Schedule 1C

Conditions to be complied with prior to commencement of construction or demolition or work to the satisfaction of the Principal Certifying Authority

FOOTPATH WORKS

(23) The northern Hay Street footway between the Capitol Theatre flytower and western curb line of Pitt Street shall be reconstructed, including new Austral Verde curb and concrete gutter, to the satisfaction of the Director City Development.

FOOTPATH DAMAGE BANK GUARANTEE

(24) Prior to release of a temporary structure approval under Section 68 of the Local Government Act 1993 (Hoarding Approvals), the owner of the site must provide a bank guarantee for the sum of $55,000 equivalent to 110 linear metres of footway adjacent to the Campbell Street, Pitt Street and Hay Street frontage of the development site, as security for any damage rectification.

(25) The following protective measures shall be provided under any hoarding on the public footway during construction of the development to the satisfaction of the Council:-

(i) Plastic sheeting to cover the stone paving;

(ii) Minimum 12 mm thick plywood on top of the plastic sheeting; and

(iii) These measures shall be maintained in a safe and tidy condition for the duration of construction.

LOADING ZONE REQUIRED

(26) The applicant shall submit a new application for the approval of the Director City Development indicating what spaces, if any, will be required for delivery and service vehicles and how delivery and servicing of the building will be managed.

WASTE MANAGEMENT

(27)

(i) A Waste Management Plan for the construction period of the proposed development must be submitted to the satisfaction of the Principal Certifying Authority before commencement of work on the site. 1083 Monday 20 December 1999

(ii) Certification that the plan is in accordance with the Development Approval Conditions, Council’s Code for Waste Handling in Buildings and the Waste Minimisation and Management Act 1995, must be submitted in the attached form W3 to the satisfaction of the Principal Certifying Authority. Such Certification must be submitted by the Architect or other appropriately qualified person experienced in Waste Handling Design and Environmental Management.

(iii) The Waste Management Plan must address demolition, excavation and construction of the premises, as applicable. The plan must describe procedures by which waste will be minimised, managed and recycled and must address the following issues:

(a) Compliance with the requirements set out in Annexure (“A”) of the Code for Waste Handling in Buildings adopted by Council 17 October 1994.

(b) Details of recycling and the removal of spoil and rubbish from the site in the course of demolition, excavation and construction operations including:

i. Type and quantities of material expected from demolition and excavation;

ii. Name and address of transport company;

iii. Address of proposed site of disposal;

iv. Name/address of company/organisation accepting material;

v. Types and quantities of materials that are to be reused or recycled, on and off site and procedures involved;

vi. Name of company/contractor undertaking on and off site reuse and recycling, and address of recycling outlet;

vii. Material for disposal and justification of disposal.

viii. If details of items (ii) to (vii) are not known at the time of preparation of the Waste Management Plan, the information must be supplied immediately after the letting of the contacts.

(iv) All requirements of Waste Management Plans must be implemented during the construction period of the development.

Note:

The Principal Certifying Authority must be notified of any proposed change in any of the above details throughout the course of construction. Monday 20 December 1999 1084

DESIGN OF FOOD PREMISES

(28)

(i) All parts of the premises to be used for or in connection with the delivery, storage, preparation or service of food or beverages must be designed, constructed and have facilities which comply with the National Code for the Construction and Fitout of Food Premises, the Food Act 1989, and the Food (General) Regulation 1997. The premises must be ventilated in accordance with the Building Code of Australia and Council’s Ventilation Code.

(ii) Plans and specifications of the design together with Certification of Design, must be submitted to the satisfaction of either:

(a) the Certifying Authority with the construction certificate application, ie.

i. *an Environmental Planning and Assessment Regulation 1994 Form 10 Compliance Certificate; or

ii. *Certification in the form of Attachment F1 signed by an Architect or other persons appropriately qualified and experienced in the design, codes and legislative provisions for food premises, when the Certifying Authority is the Council,

OR

(b) the Principal Certifying Authority prior to the commencement of the work, ie.

i. *an Environmental Planning and Assessment Regulation 1994 Form 10 Compliance Certificate; or

ii. *Certification in the form of Attachment F1 signed by an Architect or other persons appropriately qualified and experienced in the design, codes and legislative provisions for food premises, when the Principal Certifying Authority is the Council.

Note

Separate Certification is required for all new or altered Mechanical Ventilation systems, compliance with Councils Code for Waste Handling in Buildings and for major food areas, hotels, food courts and similar establishments. 1085 Monday 20 December 1999

CERTIFICATION OF MECHANICAL VENTILATION

(29) The details of any mechanical ventilation or air conditioning must be certified by a competent person to comply with Council’s Ventilation Code, the Building Code of Australia and relevant Australian Standards, to the satisfaction of the Principal Certifying Authority prior to commencement of any mechanical services work.

(i) To enable certification, the mechanical ventilation documentation prescribed below shall be submitted to the Principal Certifying Authority:

(ii) Certified plans (in duplicate), coloured so as to adequately distinguish the proposed alterations;

(iii) A general description of the project plus mechanical ventilation drawings and documentation in duplicate, coloured to show ductwork and equipment as set out below. (Where appropriate a schematic drawing should also be submitted).

(a) Supply Air Ducts, Shafts and Fans - Blue (b) Return Air Ducts, Shafts and Fans - Pink (c) Outside Air Ducts, Shafts, Intakes and Stair Pressurisation - Green (d) Exhaust Air Ducts, Shafts, Fans, Discharges and Smoke Spill - Orange (e) Mixing Boxes and Conditions - Yellow (f) Fire Dampers and Electric Heaters - Red

(iv) Drawings which show where applicable the existing and proposed air intakes, air discharges and cooling towers and their relative position to each other, the boundaries of the site, openable windows, and adjoining buildings;

(v) A Mechanical Ventilation Design Certificate pursuant to Section 93 of the Local Government Act 1993 in the form of Attachment M1, together with the Curriculum Vitae of the Design Engineer or other appropriate Certifier must be submitted to Principal Certifying Authority (PCA). A copy of the Certificate and a microfilm set of the certified drawings must be submitted to Council by the PCA;

(vi) Documentary evidence in support of requests for departure from the prescribed or deemed provisions of the Building Code of Australia or any other requirements. Monday 20 December 1999 1086

USE OF APPLIANCE OF A HIGHLY INTRUSIVE NATURE

(30) This development consent does not extend to the use of appliances which emit noise of a highly intrusive nature (such as pile-drivers and hydraulic hammers) or are not listed in Groups B, C, D, E or F of Schedule 1 of the "City of Sydney Code of Practice for Construction Hours/Noise 1992" and Australian Standard 2436-1981 "Guide to Noise Control on Construction, Maintenance and Demolition Sites". A separate application for approval to use any of these appliances must be made to Council.

(31) Prior to commencement of work for foundation, shoring or underpinning works, the following documentation must be submitted to the satisfaction of the Principal Certifying Authority (PCA) and a copy of same submitted to Council:

(i) A geotechnical report which shall include the following information as appropriate:-

(a) Borehole/test pit logs or inspection records;

(b) Field/laboratory test results;

(c) General geotechnical description of site;

(d) Recommended safe bearing values and likely settlements of foundation material;

(e) Recommendations for stability and protection of excavations;

(f) Opinion on the effect of the new works on existing buildings and recommendations for any underpinning or other measures required to maintain stability;

(g) Method of proving and assessing foundations underpinning and/or excavation stability in accordance with design.

(ii) An Inspection and Test Plan (ITP) that reflects the requirements of the geotechnical report, project drawings and specifications;

(iii) The completed Geotechnical Certificate for the Report and ITP, submitted in the form of Attachment G1 completed by the Project/Principal Geotechnical Engineer OR, a compliance certificate (Form 10 of the Environmental Planning and Assessment Regulation 1998) after satisfying (a) and (b);

(iv) A Dilapidation Report of adjoining building/s that may be affected by the proposed excavation/construction work;

Notes:

An appropriately qualified practising geotechnical engineer certifying by completing Attachment G1 must have:- 1087 Monday 20 December 1999

(a) Appropriate tertiary qualifications in Civil or Geotechnical Engineering, AND;

(b) Corporate membership of the Institution of Engineers Australia or equivalent; AND

(c) Evidence of relevant experience in the form of a CV/Resume;

(d) Appropriate current professional indemnity insurance.

An appropriately qualified practising geotechnical engineer certifying by issuing a Form 10 Compliance Certificate must have accreditation as a certifier for Geotechnical Engineering issued by the Institution of Engineers Australia in accordance with the Environmental Planning and Assessment Act 1979.

Certification of Inspection/s is also required prior to issue of the Occupation Certificate, and/or prior to use. See Schedule 1E Conditions.

Council reserves the right to randomly audit any geotechnical documentation.

Schedule 1D

Conditions to be complied with during construction

HOURS OF WORK AND NOISE

(32) The hours of construction and work on the development shall be as follows:

(i) All work, including demolition, excavation and building work in connection with the proposed development must only be carried out between the hours of 7.00 a.m. and 7.00 p.m. on Mondays to Fridays, inclusive, and 7.00 a.m. and 5.00 p.m. on Saturdays, and no work must be carried out on Sundays or public holidays.

(ii) All work, including demolition, excavation and building work must comply with "The City of Sydney Code of Practice for Construction Hours/Noise 1992" and Australian Standard 2436-1981 'Guide to Noise Control on Construction, Maintenance and Demolition Sites'.

(iii) Note: The "City of Sydney Code of Practice for Construction Hours/Noise 1992" allows extended working hours subject to the making of an application in accordance with the Code and under Section 96(2) of the Environmental Planning and Assessment Act 1979, and the granting of approval thereto.

SITE NOTICE OF PROJECTS DETAILS AND APPROVALS

(33) A site notice(s) is to be prominently displayed at the boundary to each frontage of the site for the purposes of informing the public of appropriate project details and relevant approvals. The notice(s) is to satisfy all of the following requirements:- Monday 20 December 1999 1088

(i) Minimum dimensions of the notice are to measure 841mm x 594mm (A1) with any text on the notice to be a minimum of 30 point type size;

(ii) The notice is to be durable and weatherproof and is to be displayed throughout the construction period;

(iii) A copy of the first page of the development approval, building approval (including any modifications to those approvals) and any civic works approvals is to be posted alongside the notice in weatherproof casing;

(iv) The approved hours of work, the name of the site manager, the responsible managing company, its address and 24 hour contact phone number for any enquiries, including construction/noise complaint are to be displayed on the site notice;

(v) The notice(s) is to be mounted at eye level on the perimeter hoardings and is to state that unauthorised entry to the site is not permitted.

CONSTRUCTION DURING THE OLYMPICS

(34) Should construction be required to take place during the period 1 September 2000 to 1 October 2000 it may only be carried out in accordance with a Traffic and Pedestrian Management Plan and a Construction Program submitted and approved by Council, after consultation with the relevant Olympic authorities, such submission to be made at least three months prior to September 2000.

LOADING AND UNLOADING DURING CONSTRUCTION

(35) The following requirements apply:-

(i) In addition to any approved construction zone, provision must be made for loading and unloading to be accommodated on site once the development has reached ground level.

(ii) If a construction zone is warranted, such an application must be made to Council prior to commencement of work on the site. An approval for a construction zone may be given for a specific period and certain hours of the days to reflect the particular need of the site for such facility at various stages of construction. The approval will be reviewed periodically for any adjustment necessitated by the progress of the construction activities.

CONTROL OF VERMIN

(36) Measures for the eradication of vermin from the site during construction work shall be implemented prior to the commencement of any work to the satisfaction of the Principal Certifying Authority. All service ducts and cable entries to existing premises should be sealed prior to any demolition being carried out. 1089 Monday 20 December 1999

(37) Vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust or other material.

Note:

The Protection of the Environment Administration Act 1991, provides for the revocation of transporters’ licences where drivers dump wastes illegally.

Schedule 1E

Conditions to be complied with prior to issue of Occupation Certificate and prior to commencement of use, to the satisfaction of the Principal Certifying Authority

WASTE MANAGEMENT CERTIFICATION OF COMPLETION

(38) Certification of completion of waste handling works in accordance with the relevant Development Approval Conditions and Councils Code for Waste Handling in Buildings 1994, must be submitted in the form of Attachment W2 to the satisfaction of the Principal Certifying Authority (PCA), (Council or a private accredited certifier) prior to the issue of an Occupation Certificate under the Environmental Planning and Assessment Act 1979 or prior to use of the premises. A copy of the Certificate shall be submitted to Council if it was not the PCA.

(i) Such Certification must be given by the Architect or other appropriated qualified person experienced in Waste Handling Design and Environmental Management.

(39) Prior to the use of any part of the premises for or in connection with the delivery, storage, preparation or service of food or beverages, or prior to issue of an Occupation Certificate, a Certificate of Completion must be submitted to the satisfaction of the Principal Certifying Authority;

EITHER

(i) an Environmental Planning and Assessment Regulation 1994 Form 10 Compliance Certificate;

OR

(ii) a Food Premises Certificate of Completion in the form of Attachment F2 signed by an Architect or other person appropriately qualified and experienced in construction, fitout, codes and legislative provisions for food premises, when the Principal Certifying Authority is the Council.

(40) All evaporative cooling warm water or water cooling systems installed on the premises must comply with the Public Health Act 1991 and Public Health Regulation 1991 and be registered by Council. Monday 20 December 1999 1090

(41) The premises must be ventilated in accordance with the Building Code of Australia and Council’s Ventilation Code.

(42) Prior to commencement of the use, the owner or occupier of the premises must apply to Council for the registration of water-cooling systems (cooling towers and evaporative condensers), evaporative cooling systems and warm- water systems which heat and deliver water at less than 60oC at each outlet installed on the premises.

(43) An Occupation Certificate (form 12 under the Environmental Planning and Amendment Regulation 1998) must be obtained from the Principal Certifying Authority (PCA) (Council or a private accredited certifier) and a copy furnished to Council in accordance with Section 79L of the Environmental Planning and Assessment Amendment Regulation 1998 prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building. A copy of the certificate shall be submitted to Council if it was not the PCA.

(44) Prior to issue of an Occupation Certificate or use of the premises, a Structural Inspection Certificate in the form of Attachment S1C OR a Compliance Certificate (Form 10 of the Environmental Planning and Assessment Regulation 1998) must be submitted to the satisfaction of the Principal Certifying Authority (PCA) (Council or a private accredited certifier) after:

(i) The site has been periodically inspected and the structural certifier is satisfied that the Structural Works are deemed to comply with the final Design Drawings; and

(ii) The drawing revisions listed on the Inspection Certificate have been checked with those listed on the final Design Certificate/s.

A copy of the Certificate with a microfilm set of the final drawings shall be submitted to Council if it was not the PCA.

Notes:

An appropriately qualified practising structural engineer certifying by completing Attachment S1C must have:-

(a) Appropriate tertiary qualifications in Civil or Structural Engineering, AND;

(b) Corporate membership of the Institution of Engineers Australia or equivalent; AND

(c) Evidence of relevant experience in the form of a CV/Resume;

(d) Appropriate current professional indemnity insurance. 1091 Monday 20 December 1999

(e) An appropriately qualified practising structural engineer certifying by issuing a Form 10 Compliance Certificate must have accreditation as a certifier for Structural Engineering issued by the Institution of Engineers Australia in accordance with the Environmental Planning and Assessment Act 1979.

Council reserves the right to randomly audit any structural documentation.

(45) All materials used in the building shall comply with specification C1.10 of the Building Code of Australia.

(46) Prior to issue of an Occupation Certificate under Environmental Planning and Assessment Act 1979 and following the completion, installation, and testing of all the mechanical ventilation systems covered by the approval, a Mechanical Ventilation Certificate of Completion and Performance in the form of Attachment M2 must be submitted to the Principal Certifying Authority (PCA) (Council or a private accredited certifier). A copy of the Certificate and a microfilm set of the certified drawings must be submitted to Council if it was not the PCA.

Note:

Council reserves the right to randomly audit any mechanical ventilation documentation.

(47) All glazing materials shall be selected and installed in accordance with the relevant provisions of AS 1288 S.A.A. "Glass Installation Code".

(48) Future partitioning shall be designed so that access to all fire stairs from all areas including public areas is available at all times and so that not less than two exits shall be readily available at all times from every point on the floor including the lift lobby area. Lockable or security doors or partitioning preventing access to at least two exits from the lift lobby area will not be permitted.

Carried.

Note - Comments from the Heritage Council in relation to the development application for the Manning Building were circulated to Councillors prior to the meeting of Council.

ITEM 11. DEVELOPMENT APPLICATION: MANN JUDD HOUSE, 159-165 KENT STREET, SYDNEY (D1999/00563)

Moved by Councillor Turnbull, seconded by Councillor Farr-Jones -

That arising from consideration of a report by the Director City Development to Council on 20 December 1999, in relation to Development Application D1999/00563 made by GIO Personal Investment Services Ltd for the site at 159-165 Kent Street Sydney, for demolition of the existing building and construction of a new 26 level residential building with 7 basement parking levels, it be resolved that - Monday 20 December 1999 1092

(A) the matter be deferred for further consideration and negotiation on the setback on the Jenkins Street end of Gas Lane and associated footpath width; and

(B) authority be delegated to the Lord Mayor to determine the Development Application, in consultation with the Chairman of the Planning Development and Transport Committee.

Carried.

ITEM 12. INVESTMENTS HELD BY COUNCIL AS AT 30 NOVEMBER 1999 (AO2-00360)

Moved by the Chairman (the Lord Mayor), seconded by Councillor Farr-Jones -

That arising from consideration of a report by the Management Accounting Officer to Council on 20 December 1999, on Investments Held by Council as at 30 November 1999, it be resolved that -

(A) the report be received and noted;

(B) the next report to Council on Investments held by Council address in more detail the issue of liquidity and maturity versus return to ensure that Council is maximising its returns.

Carried.

ITEM 13. ELECTRONIC MESSAGE RETENTION AND DISPOSAL POLICY (S010451)

Moved by Councillor Turnbull, seconded by Councillor Farr-Jones -

That arising from consideration of a report by the Document Technology Manager to Council on 20 December 1999 on Electronic Message Retention and Disposal Policy, it be resolved that the Electronic Message Retention and Disposal Policy as follows be adopted and implemented.

Carried. 1093 Monday 20 December 1999

ELECTRONIC MESSAGE RETENTION AND DISPOSAL POLICY

STATEMENT

Under the State Records Act, 1998, the City of Sydney as a local government agency is defined as a public office liable for the safe custody and proper preservation of the records it generates and captures.

The City of Sydney adopts for internal use the whole of government Policy on Electronic Messages as Records issued by the State Records Authority of New South Wales, April 1998. Key principles of the policy are that:

· Electronic messages are records · Electronic messages are to be captured and maintained as functioning records · Electronic messages must be effectively managed · Electronic messages must be appropriately accessible · Electronic messages must be appropriately protected · Management of electronic messages as records must be supported by internal policies, procedures and guidelines.

It is within this context that this policy on Electronic Message Retention and Disposal Policy applies. This policy is to define responsibilities and provide rules for retention and disposition of electronic messages sent and received within City of Sydney and via the Internet by staff, councillors and contractors.

OBJECTIVES

· To maintain records of electronic messages which are required for business, administrative, legal and historical research purposes. · To destroy electronic messages which have no ongoing value to the City by deleting them immediately their short-term purpose is served.

PRINCIPLES

The City has adopted electronic messaging as a form of business communication and service delivery. Messages sent or received electronically constitute business transactions and can be used as evidence of such transactions or the conduct of affairs.

Electronic messages are records and are subject to statutory record keeping requirements. When electronic messages meet defined criteria as having value as records they are to be captured and managed in the City’s records keeping system so that they are an accessible and protected source of evidence of City business, decisions and policies over time.

They are to be retained or disposed of in strict accordance with The General Records Disposal Schedule for Local Government in NSW (GRDS) authorised under the State Records Act, 1998. Monday 20 December 1999 1094

ELECTRONIC MESSAGE RETENTION AND DISPOSAL POLICY

Access to electronic messages as records is important to ensure they:

· Support the business - Providing staff with the context of a business process and a basis on which to act

· Support accountability - Providing evidence (or proof) which can be used by internal and external stakeholders to account for corporate and individual action

· Ensure continuation of corporate memory - Serving as long term memory, enabling better quality planning, decision making and action by providing for continuity, and access to past experience, expertise and knowledge

STRATEGIES

Capture into the recordkeeping system

Electronic messages need to be captured into the recordkeeping system promptly after they are sent or received, as this is the point at which the transaction takes place. Messages should be captured by the sender into the records keeping system, like other more traditional forms of business communications. When a message is received from outside of the organisation staff may need to capture it into the recordkeeping system as the recipient.

Electronic messages required as evidence of substantive business activity should be captured directly into an electronic recordkeeping system and managed in electronic form. The City’s technology infrastructure is yet to support electronic records management for unstructured data such as email. As an interim strategy, while the system for managing and retaining messages in electronic form is developed, messages that are to be kept as records are to be printed to hardcopy and filed within the corporate paper-based recordkeeping system.

Data backups and system file directories are not to be relied upon as recordkeeping systems as they are not designed to ensure that messages are captured and managed as records. They fail to satisfy standards for full and accurate records which among other things require that messages must be able to be appropriately identifiable and retrievable with structure, context and content preserved.

Evidential value

Staff are responsible for creating and capturing accurate and reliable records that adequately document their business function to meet evidential and accountability requirements. 1095 Monday 20 December 1999

ELECTRONIC MESSAGE RETENTION AND DISPOSAL POLICY

Electronic messages are documents for the purposes of the Freedom of Information Act, 1987, (FoI) and consequently are subject to the public access provisions and exemptions of the Act. Electronic messages may be used as evidence in the courts and so be required for the purposes of legal processes such as discovery and subpoena. Copies of electronic messages, like other electronic documents, residing in electronic backup stores, folders within the City messaging system, on hard drives or floppy disks may be accessed under FoI, discovery and subpoena.

Responsibility

It is the combined responsibility of the staff of the City of Sydney to ensure that business conducted through electronic messaging is documented to meet operational accountability and community expectations.

Staff are responsible for following guidelines to make decisions as to:

· which documents are business transactions and therefore records to be included in the records keeping system · which documents are eligible for short-term electronic retention as a copy for information purposes, and · which documents should be deleted/destroyed as a legitimate normal administrative practice.

Business unit managers are responsible for ensuring that their staff meet the obligations for records keeping within their functional area of responsibility.

Information Technology is responsible for providing and managing the electronic messaging system.

Document Management is responsible for:

· providing the systems for capturing documents as corporate records

· randomly auditing the validity of staff electronic message retention and disposal decisions against the GRDS and Normal Administrative Practice Guidelines · applying the GRDS to appraisal decisions on records

State Records is responsible for maintaining the currency of the GRDS.

Disposal

The disposal of City records, including electronic records sent and received in the course of business, must be in accordance with provisions of the State Records Act relating to Protection of State Records. Records are not to be destroyed unless in accordance with State Records approved disposal schedules, specifically The General Records Disposal Schedule for Local Government in NSW, or under Guidelines on Normal Administrative Practice. Monday 20 December 1999 1096

ELECTRONIC MESSAGE RETENTION AND DISPOSAL POLICY

Decisions on retention and disposal of electronic records must be based on an appraisal of the function that the records document and the need for evidence of the function, not the format in which the records are created or retained. Electronic records should be retained for as long as required to meet identified recordkeeping requirements and no longer.

Electronic messages have differing values. Some will be needed for ongoing business while some will have only transitory value. Not all electronic messages need to be kept. Those which have transitory value only need to be kept for a short time, even seconds in some cases. Electronic messages, like all records, essentially fall into two broad disposal categories:

1. Messages which document substantive business, and 2. Messages which are ephemeral or facilitative

Messages documenting substantive business which must be to be captured into the recordkeeping system include those which:

· approve or authorise actions · constitute formal communications between staff eg memos relating to official business · signify a policy change or development · relate to significant projects or activities being carried out by the City · contain advice or provide guidance · constitute formal communications between City staff and recipients outside the City about official City business, or · have value in support of a project or activity being carried out by an individual or a business unit

Messages which should not be captured into the corporate recordkeeping system are those categories of messages that are sent as information ( no evidential value), are purely facilitative and are needed for only a few hours or a few days, or those which do not relate to the official business of the City. This includes messages which:

· are sent or distributed for information, such as advice regarding general staff meetings or promotional materials, · are of a routine instructional nature used to further some activity, or · are personal messages and announcements which do not relate to the official business of the City.

Where a staff member makes the decision, according to City guidelines, that an electronic message does not meet the criteria of being a record needing to be retained it may be deleted immediately and emptied from the messaging system’s Deleted Documents Folder so that it does not reside online or in backup stores of the system. Such deletion is authorised as a normal administrative practice. When a message is required as a record it is to be printed and managed within the official paper-based record keeping system. 1097 Monday 20 December 1999

ELECTRONIC MESSAGE RETENTION AND DISPOSAL POLICY

Where there is merit in maintaining a copy of an electronic message in electronic format as a reference or working document due to its informational or other business value then the message should be saved to an electronic folder.

Data Management

Good data management practice dictates regular deletion of messages and attachments to save space. Deleted email is available for recovery for a period of 30 days after deletion. Following this 30 day period the email is destroyed and cannot be recovered under any circumstance.

Email which is retained in the messaging system is subject to daily system backup processes.

Copies of electronic messages held on back-up systems can be overwritten as a normal administrative practice, however, while they are accessible they will be subject to discovery and subpoena processes. For the duration of any such legal processes any associated electronic messages cannot be altered or otherwise destroyed.

Other than in accordance with normal practice of overwriting backup tapes on a 30 day cycle, data will not be deleted from backup tapes.

Appropriate Access

Electronic messages must remain accessible while they are required to meet business and accountability requirements.

Electronic messages as records, retained in electronic form, which have continuing value will be migrated across changes in hardware and software with the original content, structure and context of the messages maintained.

RELEVANT LEGISLATION

State Records Act, 1998

Freedom of Information Act, 1989

RELATED POLICIES Policy on Electronic Messages as Records (State Records Authority of NSW) Internet and E-Mail Policy (draft) Retention and Disposal of Records Policy (draft) Records Management Policy (draft) Monday 20 December 1999 1098

ELECTRONIC MESSAGE RETENTION AND DISPOSAL POLICY

RELATED GUIDELINES

Managing Electronic Mail Guidelines (draft) Standard on Full and Accurate Records

Guidelines on Normal Administrative Practice

AUTHORITY

Resolution of Council 20 December 1999 1099 Monday 20 December 1999

ITEM 14. SYDNEY SCULPTURE WALK-STATUS REPORT (L01-00148)

Moved by Councillor Coulton, seconded by Councillor Ho -

That arising from consideration of a report by the Curator, Sculpture Walk to Council on 20 December 1999, on Sydney Sculpture Walk - Status Report, it be resolved that -

(A) Council endorse the commissioning of the following artwork projects –

( i) Kimio Tsuchiya, Tarpeian Way South - $ 95,000; and

( ii) Brenda L. Croft, Woccanamugully- $200,000;

noting that this exceeds the $255,000 available in the current budget as augmented by the Australia Council grant, and that the additional sum of $40,000 will be provided for in next year’s Capital Works budget to the extent that it is not satisfied.

(B) authority be delegated to the General Manager to enter into contracts with the artists listed in clause (A) subject to consultation with the Priorities and Outcomes Committee as to the terms of the contracts.

Carried.

ITEM 18. SECTION 96(2) APPLICATION: 350-360 PITT STREET AND 127-131 LIVERPOOL STREET, SYDNEY (SHARK BAR) (D1998/05030 AND D1997/00837 )

Moved by Councillor Turnbull, seconded by Councillor Greiner -

That arising from consideration of a report by the Director City Development to the Council on 20 December 1999, in relation to an application under Section 96(2) of the EPA Act 1979, to vary Condition 17 of development consent D97-00837 and Condition 25 of D98-05030 to allow continued 24 hour trading, 7 days a week for the “Shark Bar” at 350-360 Pitt Street and 127-131 Liverpool Street Sydney, it be resolved that the application be approved, only insofar as to allow the following conditions to be incorporated (by amendment of existing conditions in relation to hours of operation and addition of new conditions in relation to other matters) in both Notices of Determination:

HOURS OF OPERATION (Condition 17 of D97-00837 and Condition 25 of D98- 05030):

The hours of operation of the premises are regulated as follows:

(a) The hours of operation of the premises shall be restricted to between 8.00am to midnight, 7 days a week; Monday 20 December 1999 1100

(b) Notwithstanding (a) above, the premises may operate between midnight and 3.00am, 7 days a week (except New Years Eve 1999 and New Years Day 2000, when the premise may operate 24 hours each day) for a trial period ending 1 July 2000;

(c) A further application may be lodged to continue the trading outlined in (b) above before the end of the trial period for Council’s consideration. Such consideration will be based on, inter alia, the performance of the operator in relation to compliance with development consent conditions, any complaints received, commitment to any Accord in place and any views expressed by the Police Service. It should be noted that the trial period and the consent may be deemed not to have commenced unless the full range of hours approved has continually occurred during the trial period. (NB Council encourages the lodgement of a development application at that time, so that all conditions, if approved, can be amalgamated into one consent).

SECURITY MANAGEMENT PLAN (Condition 25A of D98-05030 and Condition 18 of D97-00837)

The Security Management Plan shall be amended, in consultation with the New South Wales Police Service and the Director City Development to include specific staffing numbers, co-operation with Police, storage of CCTV video film and regularity and scope of security patrols around the site. The amended Security Management Plan shall be submitted to the New South Wales Police Service and Director City Development with 14 days of consent of the Section 96 Application, for the approval of the Director City Development and the premises shall be operated in accordance with the approved Security Management Plan during the trial period.

CODE OF CONDUCT (Condition 25B of D98-05030 and Condition 19 of D97- 00837)

The premises shall be operated in accordance with the Code of Practice for Licensed Premises, signed and dated 15 October 1999, at all times.

SIGNAGE (Condition 25C of D98-05030 and Condition 20 of D97-00837)

No flashing signage visible from the public way shall be installed.

GAMING (Condition 25D of D98-05030 and Condition 21 of D97-00837)

(a) The maximum number of gaming machines on the premises shall not exceed 30;

(b) The gaming area shall be restricted to within the gaming area indicated on the approved plans;

(c) Management shall actively seek to promote responsible service of gaming, through advice on available counselling services and the like; 1101 Monday 20 December 1999

(d) No additional Automatic Teller Machines shall be provided within the premises; use of staff operated EFTPOS or similar is permitted.

Carried.

ADDITIONAL MATTER FOR COUNCIL

FILE NO: DATE: 20/12/99

MINUTE BY THE LORD MAYOR

To Council:

Attached for consideration by Council at its meeting on 20 December 1999 is a report by the Director City Development on Definition of Height for Development Application: MSB Stores, 1 High Street, 125A Kent Street and 30-38 Hickson Road, Millers Point.

I bring forward this item for the consideration of Council.

(SGD) COUNCILLOR FRANK SARTOR Lord Mayor

ITEM 19. DEFINITION OF HEIGHT FOR DEVELOPMENT APPLICATION: MSB STORES, 1 HIGH STREET, 125A KENT STREET AND 30-38 HICKSON ROAD, MILLERS POINT (D1999/00857)

Moved by Councillor Turnbull, seconded by Councillor Marsden -

That arising from consideration of a report by the Director City Development to Council on 20 December 1999, in relation to the determination of the definition of height for Development Application D1999/00857 made by Delmo No. 2 Pty Ltd for the site at 30- 38 Hickson Road, 1 High Street and 125A Kent Street, it be resolved that:-

(A) For the purpose of calculating the height of any development on this site, under the provisions of the Central Sydney Local Environmental Plan 1996, the Council determines Jenkins Street and High Street not to be streets and that the height of any development on this site should be measured from Hickson Road consistent with the advice contained in the letter from the Director City Development dated 25 June 1999;

(B) Notwithstanding the maximum height limit permissible on the site, the Director City Development shall advise the applicant that it should have regard to the issues raised in the Status Report to the Central Sydney Planning Committee on 16 December 1999, and in particular, that the maximum height of each end of building 1 and all of building 2 should be substantially lower than 45m above Hickson Road; and Monday 20 December 1999 1102

(C) Council concurs with the views of the Central Sydney Planning Committee in Part (B) of its resolution dated 16 December 1999 in relation to the development, and expresses its significant concerns about the current height, bulk and form of the development.

Carried. 1103 Monday 20 December 1999

ITEM 15. QUESTIONS ON NOTICE

AMENDMENTS TO LEP OR DEP (S006649)

1. By Councillor Greiner –

Question

Lord Mayor, when Council recommends to exhibit Amendments to the LEP or the DCP, does Council insert an advertisement in the Public Notices section of the daily papers as per development applications?

If not, why not?

Answer by the Lord Mayor

The Director City Development advises that:

“The Environmental Planning and Assessment Act 1979 and the relevant Regulations require that proposed amendments to LEPs and DCPs must be exhibited for a minimum period of 28 days and that an advertisement regarding the exhibition must be placed in a local newspaper. The City places such ads in the Public Notices of the Sydney Morning Herald, providing details of the exhibition in accordance with the Act and Regulation.”

DRAFT AMENDMENT NO 10 – EXEMPT AND COMPLYING DEVELOPMENT (S006649)

2. By Councillor Greiner –

Question

Lord Mayor, on 1 March 1999 Council, during the Planning Committee, considered Draft Amendment No 10 - Exempt and Complying Development.

I draw to your attention a letter from the Director General, Department of Urban Affairs and Planning, Ms Sue Holliday, directing Council's community involvement in preparing plans for exempt and complying development. In her letter she states "It is important for the community to be fully involved in the preparation of the plans, particularly in setting the standards which will apply to complying development."

Could you please inform Council as to the workshops which were undertaken by Council's staff with the community for the drawing up of the Draft Amendment No 10?

How many workshops were held? How many community members attended, and of these community members how many were residents and how many were non-residents?

What method of notification of these workshops was undertaken by Council? Monday 20 December 1999 1104

Answer by the Lord Mayor

The Director City Development advises that:

“Again, the preparation and exhibition of Draft Amendments relating to Exempt and Complying development requires public consultation in accordance with the Act and the Regulations. The City has complied with this procedure, in advertising the Draft Exempt and Complying Development Amendments for 28 days with notices in the Sydney Morning Herald. No workshops were held as this was not requested in the letter from the Director General, Department of Urban Affairs and Planning. Nor are workshops a requirement of the Act or Regulations. Council's resolution on the Draft LEP/DCP did not require a different public consultation process/exhibition to the City Development Unit's normal procedure.”

GOAT ISLAND FILM FESTIVAL (S006649)

3. By Councillor Greiner –

Question

Lord Mayor, I am aware that the recent Goat Island Film Festival was a complete fiasco.

Why was no provision made for wet weather cover, which became an absolute necessity?

Answer by the Lord Mayor

Councillor Greiner, I am curious as to the source of your information. You didn’t bother to attend this event - in fact, Sydney Alliance members were conspicuously absent from the Festival. If you had attended, you would appreciate the enormous success of this initiative, especially given the unseasonably wet and cold weather experienced in early November.

I also find your cavalier attitude to staff morale astonishing. The hard work of the Cultural Affairs and Protocol team, in particular Gabrielle Ewington, to successfully bring off this new and complex event, deserves commendation, not denigration. It is indicative of your mean-spiritedness that you would use Council staff in your pathetic attempts at point scoring.

Despite the shabbiness of your questions, I will answer them in order.

Patrons were advised that Goat Island was an open-air venue and to bring adequate protective clothing in the event of rain. Shelter from the rain was available in the Harbourmaster’s Residence and the catering marquee. Wet weather cover never became an absolute necessity. While there were light showers on two nights, they were not sufficiently long to become a problem, and we received no complaints or requests to leave the island early. The Festival also incorporated three land-based venues, although I doubt that you would be aware of this, given your obvious ignorance of the event. 1105 Monday 20 December 1999

Question (continued)

Why was the admission charge of $31.50 per session such a high booking fee?

Answer (continued)

The ticket price was $27 ($24 for groups/concessions). In addition a Service Fee of $3 per ticket was charted by Ticketmaster for telephone bookings plus a $1.50 postage and handling fee per transaction (a once only payment regardless of the number of tickets booked). These are standard service fees charged by ticketing outlets. The ticket price was all-inclusive of feature film plus short film, a 45 minute live performance, return ferry trip and entrance to an exhibition by internationally renowned photographer Helmut Newton. It also included a spectacular setting on one of our finest national parks, and unbeatable views. The vast majority of patrons believed they were getting value for money.

Question (continued)

Why was the Festival advertised as a 'family affair' when in fact a strict "no children allowed" policy was enforced?

Answer (continued)

Children were not permitted to attend the Italian Films, which were unclassified. Children were able to, and did, attend the Australian films, such as ‘My Brilliant Career’, ‘They’re A Weird Mob’ and ’40,000 Horsemen’. You are probably not aware of these films. An Italian animated children’s film screened twice at Palace Norton Festival venue.

Question (continued)

Who chose the cinematic fare on offer?

Answer (continued)

The Festival Director, Peter Castaldi.

Question (continued)

And, in particular, why was the film "The Missing" shown on opening night when it has been panned by commentators such as Paul Burns (SMH) and David Stratton (The Movie Show)?

Answer (continued)

“The Missing” was selected to open the Festival. It was an Italian/Australian co- production, starring actors from both countries. As such, it epitomised the Italian/Australian nature of the Festival. It was considered vital for the Festival to premiere an Australian film on Opening Night. Monday 20 December 1999 1106

The film had not been panned by these critics before it premiered at Goat Island. The nature of a film premiere is that the film has not previously been reviewed. You are clearly unaware of this.

Question (continued)

How much did the Goat Island Film Festival cost the Sydney ratepayers and what was the overall cost of the Festival?

Answer (continued)

The budget allocated for the Festival was $200,000

Total Expenditure $275,682 Total Income $72,447 Total Cost $203,235

I would like to add that on two nights Goat Island was entirely sold out, with very strong attendances on other nights. Thousands of people attended over the nine nights, demonstrating the validity of the City’s commitment to promoting Sydney as a centre of excellence and innovation for film. 1107 Monday 20 December 1999

QUESTIONS WITHOUT NOTICE

OLYMPIC TICKETS (S009527)

1. By Councillor Farr-Jones

Question

Lord Mayor, how many tickets has the City of Sydney acquired for the Olympic and Paralympic Games and, if we have, through which program? I know we are the hosts but I would just be interested to know.

Answer by the Lord Mayor

We are negotiating agreements and at the end of those negotiations we will know. I think the Councillors were briefed on this a few months ago. Firstly, we are negotiating with the Olympic Co-ordination Authority (OCA) in relation to the management of the City centre, and then we are negotiating a sponsorship agreement with the Sydney Organising Committee for the Olympic Games (SOCOG).

We are negotiating with OCA first because the cost of managing the City centre will determine how much we can provide SOCOG. That agreement will contain some tickets or a box or whatever which the City might want to use for official City guests.

We did acquire some Stadium Australia tickets some time ago. I invite the General Manager to respond to the question also.

General Manager

There was a briefing of Councillors and a Lord Mayor’s Minute, which set out the parameters of the negotiations with OCA and SOCOG. It has been in our budget which has been publicly advertised. I can give Councillor Farr-Jones a copy of that Minute by the Lord Mayor.

I would expect it to be early next year before we finalise those agreements. Any agreement we come to with SOCOG, a proportion of that will flow on to the Paralympics so there is no separate agreement for the Paralympics with SOCOG.

I would expect this matter to come back to Council early in the new year when those agreements have been finalised. They haven’t been finalised at this stage. We have a small amount of tickets from the original Stadium Australia launch and they will be going into part of our total ticket allocation when it is finalised. Monday 20 December 1999 1108

DISABLED PARKING SPACES (S006324)

2. By Councillor Greiner -

Question

Lord Mayor, this is an issue which I think I have raised before. I have received a request for Council to review disabled parking spaces within the City. People who use the disabled parking spaces are given a Roads and Traffic Authority sticker for their car for any space. Some of these spaces are specifically allocated so that they can be closer to the wheelchair kerb line and so on.

The question I really want to ask is if the General Manager, through you, could circulate Councillors with a report as to how we actually administer, patrol and police the disabled parking spaces and if there is any capacity to increase the number of disabled parking spaces within the City.

Answer by the Lord Mayor

I will ask the General Manager to request the relevant Council officer to report to Councillors in due course

ITEM 16. NOTICES OF MOTION

There were no Notices of Motion for this meeting of Council. 1109 Monday 20 December 1999

Closed Meeting

At 6.40 pm the Council resolved -

That, due notice of the intention to close the meeting having been given, the meeting be closed in accordance with the provisions of Section 10A (2)(d)(i) of the Local Government Act 1993 to discuss Item 17 on the agenda as this matter comprised discussion of commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the persons who supplied it; and it was further resolved that the meeting be closed for this item on the basis that discussion of this matter in open session would, on balance, be contrary to the public interest, specifically, there is a need to preserve confidentiality having regard to the subject matters and the circumstances of communications.

Item 17 was then dealt with by Council while the meeting was closed to the public.

ITEM 17. CITY CARE TREES – TENDER NO 9928 - QUARTERLY TREE SUPPLY PROGRAM (S007093)

Moved by Councillor Greiner, seconded by Councillor Coulton -

That arising from consideration of a report by the Project Manager, City Projects to Council on 20 December 1999 on Tender No 9928 for Quarterly Tree Supply Program, it be resolved that -

(A) Council reject all tenders and negotiate with the tenderers identified in paragraph 15 of the subject report;

(B) authority be delegated to the General Manager to enter into a contract for the supply upon successful completion of negotiations, subject to the contract being approved by the Priorities and Outcomes Committee;

(C) Council approve the project budget breakdown outlined in paragraph 21 of the subject report;

(D) Council allocate funds in the Capital Works Program for the years 2000/2001, 2001/2002 and 2002/2003.

Carried. Monday 20 December 1999 1110

At this stage of the meeting the Chairman (the Lord Mayor) wished all Councillors and staff a Merry Christmas and a happy and prosperous New Year.

At 6.42 pm the meeting concluded.

Chairman of a meeting of the Council of the City of Sydney held on 21 February 2000 at which meeting the signature herein was subscribed.