COUNCIL
Meeting No 1517 Monday 25 July 2011 Notice No 8/1517 Notice Date 21 July 2011
Monday 25 July 2011 444
INDEX TO MINUTES
ITEM PAGE NO
1. CONFIRMATION OF MINUTES...... 447
2. DISCLOSURES OF INTEREST ...... 447
3. MINUTES BY THE LORD MAYOR –
3.1 CADEL EVANS, AUSTRALIA’S FIRST TOUR DE FRANCE WINNER...... 449
3.2 BUS STOP – DRUITT STREET AT TOWN HALL HOUSE...... 450
3.3 SUMMER TRIALS TO IMPROVE SYDNEY’S LATE NIGHT ECONOMY...... 451
3.4 PRICE ON CARBON ...... 453
3.5 OSLO BOMB EXPLOSION AND YOUTH CAMP MASSACRE...... 457
4. MEMORANDA BY THE CHIEF EXECUTIVE OFFICER –
4.1 ACQUISITION OF 19-21 LACHLAN STREET WATERLOO (CONFIDENTIAL)...... 459
5. MATTERS FOR TABLING ...... 460
6. REPORT OF THE CORPORATE, FINANCE, PROPERTIES AND TENDERS COMMITTEE - 18 JULY 2011...... 461
6.1 DISCLOSURES OF INTEREST...... 462
6.2 INVESTMENTS HELD AS AT 30 JUNE 2011...... 462
6.3 AMENDED FEES AND CHARGES 2011/12 – PUBLIC EXHIBITION...... 462
6.4 THE CLOSURE AND SALE OF LUCAS LANE CAMPERDOWN ...... 462
6.5 TENDER - HANGING BASKETS ...... 463
6.6 TENDER - REPLACEMENT OF ELECTRONIC HAND HELD PERSONAL DIGITAL ASSISTANT EQUIPMENT ...... 463
6.7 TENDER - ULTIMO COMMUNITY CENTRE LIFT 2 UPGRADE PROJECT ...... 463
6.8 TENDER - BOURKE ROAD ALEXANDRIA – IN-LANE BUS STOP AND INTERSECTION WIDENING...... 464
6.9 CHINATOWN PUBLIC DOMAIN IMPROVEMENTS – EARLY START PROJECTS IN LITTLE HAY STREET, KIMBER LANE AND FACTORY STREET – INCREASED CONSTRUCTION CONTRACT CONTINGENCY...... 465
445 Monday 25 July 2011
INDEX TO MINUTES
ITEM PAGE NO
7. REPORT OF THE ENVIRONMENT AND HERITAGE COMMITTEE - 18 JULY 2011...... 466
7.1 DISCLOSURES OF INTEREST...... 466
7.2 BICENTENNIAL PARK – MASTER PLAN FOR THE CRESCENT LANDS, THE HILL AND HAROLD PARK...... 467
7.3 OPTIONS FOR AN ECOLOGICALLY SUSTAINABLE DEVELOPMENT BUILDING REGISTER AND AWARD...... 467
7.4 DRAFT STREET TREE MASTER PLAN – PUBLIC EXHIBITION...... 467
7.5 KING STREET NEWTOWN SMARTPOLES – MEMORANDUM OF UNDERSTANDING WITH MARRICKVILLE COUNCIL ...... 468
8. REPORT OF THE CULTURAL AND COMMUNITY SERVICES COMMITTEE - 18 JULY 2011 ...... 469
8.1 DISCLOSURES OF INTEREST...... 469
8.2 SPONSORSHIP – AUSTRALASIAN CONFERENCE FOR PUBLIC PARTICIPATION 2011 ...... 470
8.3 FINEGRAIN BUSINESS DEVELOPMENT MATCHING GRANT PROGRAM – MATCHED FUNDING REQUEST – FIFTYSIX CLARENCE PTY LTD ...... 470
9. REPORT OF THE PLANNING DEVELOPMENT AND TRANSPORT COMMITTEE - 18 JULY 2011 ...... 471
9.1 DISCLOSURES OF INTEREST...... 472
9.2 TEMPORARY MANAGED ROAD CLOSURE - COWPER WHARF ROADWAY WOOLLOOMOOLOO ...... 473
9.3 B-DOUBLE TRUCK ROUTES CHANGES - ALEXANDRIA AND WATERLOO ...... 474
9.4 PLANNING PROPOSAL: 956-960 BOURKE STREET - 355 BOTANY ROAD AND 377-497 BOTANY ROAD ZETLAND - LANDCOM/MIRVAC/LEIGHTON SITES – GREEN SQUARE TOWN CENTRE - POST EXHIBITION REPORT AND DRAFT PLANNING AGREEMENT...... 474
9.5 SOUTH SYDNEY LOCAL ENVIRONMENTAL PLAN 1998 - AMENDMENT NO. 21 - 301-303 BOTANY ROAD ZETLAND - POST EXHIBITION REPORT AND VOLUNTARY PLANNING AGREEMENT ...... 476
Monday 25 July 2011 446
INDEX TO MINUTES
ITEM PAGE NO
9.6 COMMERCIAL AGREEMENT FOR THE PROVISION OF GREEN INFRASTRUCTURE ON THE JOHN NEWELL SITE – 301-303 BOTANY ROAD ZETLAND...... 477
9.7 COMMUNITY LAND TRUST RESEARCH PROJECT – PHASE ONE – LEGAL AND FINANCING MODELS IN AUSTRALIA ...... 478
9.8 GENERAL BUSINESS...... 478
9.9 DEVELOPMENT APPLICATION: 65 COWPER WHARF ROADWAY WOOLLOOMOOLOO ...... 478
9.10 DEVELOPMENT APPLICATION: 8 MISSENDEN ROAD CAMPERDOWN - SANCTA SOPHIA COLLEGE ...... 501
9.11 DEVELOPMENT APPLICATION: 85-87 BOURKE STREET AND 13-15 GRIFFITHS STREET WOOLLOOMOOLOO ...... 513
9.12 DEVELOPMENT APPLICATION: 40 AND 40A CALDWELL STREET DARLINGHURST ...... 533
9.13 DEVELOPMENT APPLICATION: 124-126 RENWICK STREET REDFERN ...... 534
9.14 DEVELOPMENT APPLICATION: 524 BOURKE STREET SURRY HILLS ...... 548
9.15 DEVELOPMENT APPLICATION: 180 VICTORIA STREET POTTS POINT ...... 550
9.16 DEVELOPMENT APPLICATION: 53 FORSYTH STREET GLEBE - WALTER BURLEY GRIFFIN INCINERATOR ...... 556
10. REPORT ON CITY BIODIVERSITY SUMMIT AND NAGOYA SISTER CITIES FESTIVAL – OCTOBER 2010 ...... 563
11. QUESTIONS ON NOTICE...... 564
12. SUPPLEMENTARY ANSWERS TO PREVIOUS QUESTIONS...... 570
13. NOTICES OF MOTION...... 572
PRESENT
The Right Hon The Lord Mayor Councillor Clover Moore MP (Chair)
Councillors - Phillip Black, The Hon Dr Meredith Burgmann, Irene Doutney, Chris Harris, Marcelle Hoff, Robert Kok, Shayne Mallard, John McInerney and Di Tornai.
447 Monday 25 July 2011
At the commencement of business at 5.02pm, those present were:-
The Lord Mayor, Councillors Black, Burgmann, Doutney, Harris, Hoff, Kok, Mallard, McInerney and Tornai.
The Chief Executive Officer, Chief Operating Officer, Chief Finance Officer, Director Legal and Governance, Director City Planning and Regulatory Services, Director City Engagement, Acting Director City Projects, Acting Director City Property and Acting Director City Culture and Community were also present.
Opening Prayer
The Lord Mayor opened the meeting with prayer and an acknowledgement of country.
ITEM 1 CONFIRMATION OF MINUTES
Moved by Councillor Kok, seconded by Councillor Doutney –
That the minutes of the meeting of Council of Monday 27 June 2011, as circulated to Councillors, be confirmed.
Carried unanimously.
ITEM 2 DISCLOSURES OF INTEREST
(a) Section 451 of the Local Government Act 1993
The Lord Mayor, Councillor Clover Moore MP, disclosed a less than significant non- pecuniary interest in Item 9.10 on the agenda, in that she is a former resident of Sancta Sophia College and last year the College nominated her for the Sydney University 2010 Alumni Award for Community Achievement, which she was honoured to receive. The Lord Mayor stated that no further action is required because her association with the College is less than significant, she has no ongoing involvement with the College, and her association is non-pecuniary and has no bearing on this proposal.
Councillor Shayne Mallard disclosed a less than significant non-pecuniary interest in Items 9.5 and 9.6 on the agenda, as he is aware that the landowner/applicant has been a donor to the Liberal Party. Councillor Mallard stated that this is less than significant because, as a Liberal endorsed candidate and Councillor, he does not have a close relationship with donors and has no direct role in the administration of donations which are administered by Party officials and head office and no donations benefit him personally.
Councillor Mallard disclosed a less than significant non-pecuniary interest in Item 9.9 on the agenda, in that, while the applicant has not made a donation to the Liberal Party, he is aware that a representative of the applicant has donated to the Liberal Party. Councillor Mallard stated that this is less than significant because, as a Liberal endorsed candidate and Councillor, he does not have a close relationship with donors and has no direct role in the administration of donations which are administered by Party officials and head office and no donations benefit him personally.
Monday 25 July 2011 448
Councillor Mallard also disclosed a less than significant non-pecuniary interest in Item 13, Notice of Motion No. 6, in that one of the clients in the advisory firm to which he is subcontracted is a coal seam gas mining company. It is less than significant and non- pecuniary as he does not receive any direct payment from the client and the debate is a broader industry-wide debate.
No other Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of Council.
(b) Local Government and Planning Legislation Amendment (Political Donations) Act 2008
No disclosures were made by any members of the public at this meeting of Council.
449 Monday 25 July 2011
ITEM 3.1 CADEL EVANS, AUSTRALIA’S FIRST TOUR DE FRANCE WINNER
FILE NO:
MINUTE BY THE LORD MAYOR
To Council:
In the early hours this morning, Australian time, Cadel Evans stood on a podium on the Champs Elysees, Paris to accept the yellow jersey as the first Australian to win the Tour de France, the world’s most prestigious cycling race.
Winning the Tour is the cycling equivalent of climbing Everest – it’s one of the most outstanding sporting achievements in the world
Cadel Evans’ victory was confirmed the previous day. He began Stage 20, the 42.5 kilometre Grenoble to Grenoble Time Trial, in second place. By its end, he had converted his 57 second deficit to a convincing 1 minute 34 second lead. He would wear the yellow jersey for Stage 21, the 95 kilometre ride to Paris.
This was Cadel’s seventh Tour. He came second in 2007 and 2008, finished fourth in 2006 and eighth in his first Tour in 2005, and had previously worn the leader’s yellow jersey in 2008 and 2010. His previous international wins include the Tour of Austria in 2004, Tour de Romandie in 2006, Settimana Internazionale in 2008 and Giro d’Italia in 2010.
On rare occasions, the City has recognised such outstanding achievement by presenting the keys to the City. I am sure that many Sydneysiders would agree this is such an occasion when such an award should be considered.
Such an award would also recognise that winning the Tour de France is the fulfilment of a 20 year dream, which began when he was 14 years old. His triumph is a testament to determination, commitment, energy, skill, grit and unstinting effort.
Several Australians paved the way. Iddo ''Snowy'' Munro and Duncan ''Don'' Kirkham were the first, taking part in the 12th Tour in 1914, shortly before the beginning of World War 1. Other Australians followed: Sir Hubert Opperman, in 1928 and 1931, John Beasley and the late Russell Mockridge in the 1950s and Don Allan in the 1970s. In 1981, Phil Anderson became the first Australian to win the leader’s yellow jersey, followed by Stuart O'Grady in 1998.
Hubert Opperman’s participation in the Tour de France and his association with the Malvern Star bicycle played a major role in promoting cycling as a recreational activity and competitive sport for earlier generations of Australians.
Since then, however, Australians have been in the thick of the action; winning stages, enjoying spells in the yellow jersey and the green jersey, with Robbie McEwen winning three of the latter. Over the past 13 years, other Australians have also worn both the yellow jersey and best sprinter’s green jersey at various stages of the Tour de France, with Robbie McEwen winning three of the latter.
As with Hubert Opperman before him, Cadel Evans’ success should not only inspire young Australians to consider cycling as a sport, but encourage Australians of all ages to take up cycling as a healthy recreational pursuit and a sustainable form of transport.
Monday 25 July 2011 450
RECOMMENDATION
It is resolved that Council:
(A) congratulate Cadel Evans on winning the Tour de France, the first Australian to do so;
(B) invite Cadel Evans to Sydney to accept the Keys of the City; and
(C) invite Cadel Evans to be an international ambassador for the Sydney Rides.
COUNCILLOR CLOVER MOORE MP Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor Tornai –
That the Minute by the Lord Mayor be endorsed and adopted.
Variation. At the request of Councillor Mallard, and by consent, the motion was amended by the addition of clause (D) as follows:
(D) recommend to the Geographical Names Board that the College Street Cycleway be renamed the Cadel Evans College Street Cycleway.
The motion, as varied by consent, was carried unanimously.
ITEM 3.2 BUS STOP – DRUITT STREET AT TOWN HALL HOUSE
FILE NO:
MINUTE BY THE LORD MAYOR
To Council:
City staff have designed a shelter that would attach to Town Hall House to provide protection for passengers waiting at the adjacent busy bus stop in Druitt Street.
The bus stop, on the corner of Kent Street, is used by thousands of bus passengers throughout the week and at all times of the day as they wait for buses that travel along one of Sydney’s major bus corridors over the ANZAC Bridge and along Victoria Road.
I believe that this design meets the City’s high standards for design excellence. However, work was put on hold when Transport NSW was considering relocating the bus stop.
I am concerned that the bus stop is very exposed and last week thousands of passengers were forced to wait in constant rain. I propose that we urgently move ahead with installing this much-needed shelter.
I recommend that the CEO urgently prepare and lodge development application for the shelter in consultation with Sydney Buses and Transport for NSW, which would be publicly exhibited through the development assessment process.
Subject to approval of the Development Application, the shelter should be installed as quickly as possible.
451 Monday 25 July 2011
RECOMMENDATION
It is resolved that Council request the Chief Executive Officer prepare and lodge a Development Application for a bus shelter attached to Town Hall House to protect bus users at the busy Druitt Street bus stop adjacent to our property.
COUNCILLOR CLOVER MOORE MP Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor Hoff –
That the Minute by the Lord Mayor be endorsed and adopted.
Carried unanimously.
ITEM 3.3 SUMMER TRIALS TO IMPROVE SYDNEY’S LATE NIGHT ECONOMY
FILE NO:
MINUTE BY THE LORD MAYOR
To Council:
The City is working to make Sydney one of the world’s leading late night cities. Sydney’s night time culture is an important part of the economic, cultural and social fabric of our City and we are working closely with residents and the business community to create a more interesting, safe and balanced late night city.
We recently asked the community for their vision for Sydney at night and thousands of people responded with their ideas. People told us they want more transport and services to run later; creative lighting and design to make the city feel more exciting; safer, better entertainment areas and more diverse activities at night in unexpected venues.
This innovative consultation connected us with new voices and a wide range of interested people and our online consultation forum attracted over 6,000 visitors and 679 ideas and comments. The majority of visitors were aged under 40. We also spoke with business leaders, our creative community, police and venue operators, who had great ideas about how to improve the City’s nightlife, benefiting both business and the general public.
In addition to the consultation, we have commissioned three key pieces of research by international thought leaders in the late night economy field. These include:
• cost-benefit analysis of Sydney’s night time economy underway, which is the first of its kind in Australia. The research will measure the economic contribution and costs of the night time economy; • comprehensive report on late night pedestrian volumes, migration, anti-social behaviour, transport usage, economic diversity and key attractors of entertainment areas; and • international evidence review of what works in making global night time economies safe and sustainable. Dr Phil Hadfield, a UK based, international expert, has been appointed to this work and will be in Sydney to present his findings in August 2011.
Monday 25 July 2011 452
A Discussion Paper, combining the outcomes of the consultation and research findings about the future of Sydney at night, will be made public in late 2011. I encourage everyone to comment on the discussion paper as the feedback we receive on the discussion paper will inform Sydney’s first late night economy policy, which will come to Council in February 2012. This policy is a significant step forward in realising our 20 year vision to make Sydney a great vibrant late night city on par with the international cities famed for their nightlife.
We’ve listened to what people said in the consultation and some of the best ideas to improve the city are things we can act on now, implementing them sooner rather than waiting for the policy, so we can invigorate our city streets, improve amenity and support businesses to do the same.
On Wednesday, I discussed a number of trials that can be quickly implemented with industry leaders from liquor and gaming, restaurants, retail, transport, tourism, entertainment, arts, police, special events and a local resident group.
The trials, which will commence in the spring/ summer period, include: • encouraging high quality food trucks in Sydney as are available in a number of cities across the USA, London, Canada and parts of Asia who have thriving nightlife ($20,000); • encouraging pop-up events by providing clearer guidelines and pop-up event workshops ($10,000); • activating venues currently not used at night such as the successful late night sessions at Surry Hills and Customs House library ($20,000); • supporting business by clarifying information about DA processes, providing new business information workshops, investigate how the City can cut red tape for outdoor dining and extended trading hours for businesses and events not centred solely on alcohol consumption ($10,000); • trialling portable urinals again over summer in the CBD, Oxford Street and Kings Cross ($50,000); • opening the tourist information kiosk on George Street until 11.00pm on Friday and Saturday nights ($20,000); and • renewing the highly successful Precinct Ambassadors Program to the Sydney CBD over the summer months and extended further down George Street towards Martin Place. ($70,000).
RECOMMENDATION
It is resolved that Council approve $200,000 from the General Contingency to fund the summer late night economy trials as listed in this Minute.
COUNCILLOR CLOVER MOORE MP Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor Black –
That the Minute by the Lord Mayor be endorsed and adopted.
Carried unanimously.
453 Monday 25 July 2011
ITEM 3.4 PRICE ON CARBON
FILE NO:
MINUTE BY THE LORD MAYOR
To Council:
On 10 July 2011, the Australian Government launched its Securing a clean energy future: the Australian Government’s climate change plan that includes: • Details for carbon pricing. • Compensation to households and industry. • Investment into energy efficiency, renewables and low-pollution technology.
A price on carbon is proposed to come into effect 1 July 2012. Already supported by the Greens and Independents with balance of power, the Carbon Tax appears set to become law.
Key features of the Federal Government’s price on carbon include: 1. that it applies to Australia’s top 500 emitting companies; 2. that the initial price is $23 per tonne of carbon dioxide equivalent with increases capped at 2.5% per year; 3. that a flexible carbon price will be introduced on 1 July 2015, which will be determined through an emissions trading scheme (ETS); 4. that there is no change to the Federal Government’s target to reduce Australian emissions by 5% by 2020 based on 2000 levels. This translates to 159 million tonnes savings per year by 2020. By comparison, annual emissions currently in the City LGA are around 5.5 million tonnes; 5. that there is a new target to reduce carbon emissions by 80% by 2050 based on 2000 levels - in line with international commitments by the UK and Germany; 6. that all revenue from the price on carbon will be used to encourage and invest in clean energy, job reallocation and to provide compensation to industry and households; 7. that there is an increase to average household costs of around $9.90 per week however this is offset by an increase of around $10.10 to average weekly assistance for households. All taxpayers earning less than $80,000 will receive tax cuts and compensation stops when annual income is above $150,000; 8. that an independent body, the Climate Change Authority (CCA), to be headed by former Reserve Bank Governor Bernie Fraser, will set annual emission reduction targets for Parliament to approve; and 9. that there will be financial assistance provided to close down 2,000 megawatts of the most polluting coal fired power stations by 2020.
How it affects the City’s sustainability work
The City’s efforts to reduce carbon emissions and shift to renewable energy sources will be made easier with the Federal Government’s carbon pricing scheme.
Monday 25 July 2011 454
With the announcement of carbon price, the City has greater certainty about future energy prices and can assess our strategies and projects accordingly.
Our Sustainable Sydney 2030 plan aims to reduce 2006 greenhouse gas emissions by 70 per cent by 2030, partly through a network of trigeneration systems producing low carbon electricity, initially through natural gas.
A trigeneration system also captures the waste heat from the electric generation and uses it to heat and cool buildings, reducing the need for grid power. Trigeneration systems are nearly three times more efficient than a coal-fired power station.
The efficiency and savings on distribution costs means our trigeneration systems will be cost effective to run and the energy will be cheap to buy.
A carbon price makes trigeneration even more economically attractive as traditional grid electricity from coal has higher carbon content than gas. A price on carbon means less exposure to increased costs for both the City and others connected to the trigeneration precincts.
The economics of reducing energy demand by the City’s $12M renewable energy rollout, LED lighting, and energy and water efficiency programs will also be improved with the introduction of the carbon price.
The City’s range of sustainability programs has already helped businesses and residents to reduce energy consumption and therefore the cost of their energy bills. These programs will now also help reduce costs associated with carbon pricing. For example: 1. Business programs: (a) Smart Business Live Green - focuses on small business energy, water and waste reduction. (b) CitySwitch Green Office – works with office tenants to reduce energy consumption. (c) Better Buildings Partnership – formed in July 2011, includes the city’s 13 largest property portfolio owners – who collectively own nearly 60% of the city’s commercial office space - who are taking action to achieve Sustainability Sydney 2030 goals.
2. Residential programs: (a) Green Village Workshop Series – educating residents on what they can do to reduce their environmental footprint. (b) Green Apartment Buildings Program – educating owners on what they can do to reduce their environmental footprint of their buildings. (c) SAVE – Sustainability Values Everyone – this program focuses on improving the environmental and social sustainability of social housing residents.
Despite reports to the contrary, this is not the first time a country has placed a price on carbon, nor is it the first emissions trading scheme. NSW introduced the world’s first emissions trading scheme in 2003 when it launched the mandatory NSW Greenhouse Gas Abatement Scheme and the European Union has had a scheme in place since 2005.
Likewise, we are not the only developed country taking action. Two of the world’s largest greenhouse gas emitters, China and India, have both recently announced measures to reduce their carbon emissions.
455 Monday 25 July 2011
China announced plans for an emissions trading scheme to be rolled out in six provinces by 2013 and for a national scheme by 2015. China also has a strategy to cut emissions by between 40 and 45 per cent by 2020.
India has set emissions levels for 563 of the country’s largest polluters, including energy generators, steel mills, and cement plants. Nationwide, India has also introduced a price on carbon of 50 rupees/tonne of coal, for coal both mined in, and imported into India. Though much smaller than that proposed here, it is nonetheless one of the first enacted at a national level by any major economy in the world.
It is clear Governments around the globe are recognising that a low-carbon economy does not mean an end to growth, but rather a much needed impetus to shift from polluting practices to greener technologies - expanding the renewable and low-carbon energy sector, allowing the creation of new green jobs and guiding future investment.
Informing City Communities
Last Monday, 18 July, I attended a breakfast forum at which the Prime Minister clearly outlined her vision for the future of Australia. Her message was powerful and the policy and rationale for the Government’s Climate Change Plan, as presented, is both robust and strong.
Here in the City of Sydney we know there is strong support from both business and residents for action to address climate change. This support is clearly demonstrated by the high level of participation of large and small businesses and our residents in our many sustainable programs.
While there has necessarily been a lot of scrutiny about the Government’s announcement to put a price on carbon, some of the debate has been overtaken by misleading comments and hysteria. It is clear that vested interests, scaremongering, political ambition and outright miscommunication have been allowed to cloud the debate.
It’s important to keep in mind why a price on carbon is important - why acting on climate change is critical.
The Federal Government’s Climate Commission’s review of the science of climate change recently concluded that climate change is real, is occurring at a rapid rate and that two degrees is the maximum temperature change before our planet risks tipping into catastrophic climate change.
We are in ‘the critical decade’ and decisions we make from now up to 2020 will determine the severity of climate change that our children and grandchildren experience.
Cities are responsible for up to 75% of global greenhouse gas emissions, so we know that it is action in cities that provides opportunities for deep cuts in emissions.
Given that the City is recognised for its leading work to address climate change and that the proposal to put a price on carbon complements work we are already doing and plan to do, I believe it is imperative that we work in partnership with the Federal Government to provide clear and accurate information to the Sydney community.
Monday 25 July 2011 456
RECOMMENDATION
It is resolved that Council:
(A) support the price on carbon as proposed by the Australian Government;
(B) note that the City’s efforts to reduce carbon emissions and shift to renewable energy sources will be easier and faster to implement, more economically viable and more attractive to the private sector with the Federal Government’s carbon pricing scheme;
(C) host a community information forum to provide inner city communities with information about carbon pricing and any impacts on households, business and the City of Sydney’s sustainability programs; and
(D) join the Businesses for Clean Economy (B4CE) group and encourage other Capital City and Inner Sydney Councils to do likewise.
COUNCILLOR CLOVER MOORE MP Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor McInerney –
That the Minute by the Lord Mayor be endorsed and adopted.
Variation. At the request of Councillor McInerney, and by consent, the motion was varied in clause (D) by the addition of the words “and the Australian Local Government Association” after the words “Inner Sydney Councils”.
Variation. At the request of Councillor McInerney, and by consent, the motion was varied by the addition of clause (E) as follows:
(E) refer the following motion to the 2011 New South Wales Local Government Association Conference for its consideration:
That the New South Wales Local Government Association supports a price on carbon and the proposal by the Australian Government, and seeks the support of the Australian Local Government Association for placing a price on carbon.
The motion, as varied by consent, was carried on the following show of hands –
Ayes (9) The Lord Mayor, Councillors Black, Burgmann, Doutney, Harris, Hoff, Kok, McInerney and Tornai.
Noes (1) Councillor Mallard.
Motion carried.
457 Monday 25 July 2011
ITEM 3.5 OSLO BOMB EXPLOSION AND YOUTH CAMP MASSACRE
FILE NO:
MINUTE BY THE LORD MAYOR
To Council:
At approximately 3.20pm (Norwegian time) on Friday 22 July, a bomb exploded outside the office of Norwegian Prime Minister, Jens Stoltenberg, and several other government buildings in Oslo’s executive government quarter, killing seven people and injuring several others.
Less than two hours later, a gunman disguised as a policeman opened fire at a summer camp organised by the youth organisation of the Norwegian Labour Party, killing at least 92 people.
Anders Behring Breivik, a 32-year-old Norwegian man, now under arrest, has acknowledged responsibility for both the explosion and the summer camp massacre. Early media reports have suggested Breivik is a right wing extremist with past links to extreme right wing organisations.
Addressing the people of Norway the following morning, Prime Minister Stoltenberg described the attacks as a "national tragedy" and the worst atrocity in Norway since World War II. He vowed that the attack would not hurt the Norwegian democracy, and said the proper answer to the violence was "more democracy, more openness, but not naivety".
At a memorial service yesterday he repeated the words of Stine Renate Håheim, a 27 year old Norwegian Member of Parliament who had escaped the shootings unharmed. Taking part in a TV interview, Stine Renate Håheim said: “If one man can show so much hate, think how much love we could show, standing together."
The attacks, destruction and loss of life from them have shocked the world. The European Union, NATO and international leaders have expressed their support for Norway and condemned the attacks.
The President of Estonia, Toomas Hendrik, captured the sentiments of many when he expressed his grief, sadness and bewilderment about the attacks, adding: "As the evil never really wins over the good, monstrous and incomprehensible crimes will never close our open societies, but they deepen our commitment to democracy."
RECOMMENDATION
It is resolved that Council:
(A) condemn the Norwegian terrorist attacks as a wanton attack not only on the Norwegian people, but open and free societies everywhere;
(B) express our deep sorrow and concern are with the people of Norway and, in particular, with the families of those who have lost loved ones and those who have been injured; and
(C) stand for one minute’s silence in memory of those who have lost their lives as a result of these attacks.
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COUNCILLOR CLOVER MOORE MP Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor Hoff –
That the Minute by the Lord Mayor be endorsed and adopted.
Carried unanimously.
Note – Councillors, staff, press and members of the public stood in silence for one minute in memory of those who lost their lives as a result of these attacks.
459 Monday 25 July 2011
ITEM 4.1 ACQUISITION OF 19-21 LACHLAN STREET WATERLOO (CONFIDENTIAL) (S060570)
Moved by Councillor Harris, seconded by Councillor McInerney –
It is resolved that:
(A) Council note and endorse the proposed amendments to the ‘Non-Binding Terms and Conditions’ detailed in this confidential Memorandum;
(B) authority be delegated to the Chief Executive Officer to continue non-binding negotiations with the owner and to execute all relevant documentation relating to the acquisition on the property subject to legal review; and
(C) this Memorandum and its attachment remain confidential as they contain information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as referred to in section 10A(2)(c) of the Local Government Act 1993.
Carried unanimously.
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ITEM 5 MATTERS FOR TABLING
Moved by the Chair (the Lord Mayor), seconded by Councillor Councillor McInerney -
It is resolved that the Disclosures of Interest returns be received and noted.
Carried.
461 Monday 25 July 2011
ITEM 6 REPORT OF THE CORPORATE, FINANCE, PROPERTIES AND TENDERS COMMITTEE - 18 JULY 2011 PRESENT
The Lord Mayor Councillor Clover Moore MP (Chair)
Councillor Robert Kok (Deputy Chair)
Councillors The Hon Meredith Burgmann, Irene Doutney, Chris Harris, Marcelle Hoff, Shayne Mallard, John McInerney and Di Tornai.
At the commencement of business at 2.10pm those present were -
The Lord Mayor, Councillors Burgmann, Doutney, Harris, Hoff, Kok, McInerney and Tornai.
Adjournment
At 2.11pm, it was moved by the Chair (the Lord Mayor), seconded by Councillor Tornai -
That the meeting of the Corporate, Finance, Properties and Tenders Committee be adjourned to enable the briefings of Councillors to be concluded.
Carried.
At the resumption of the meeting of the Corporate, Finance, Properties and Tenders Committee at 2.29pm, those present were –
The Lord Mayor, Councillors Burgmann, Doutney, Harris, Hoff, Kok, Mallard and Tornai.
Councillor McInerney returned to the meeting of the Corporate, Finance, Properties and Tenders Committee at 2.30pm during discussion on Item 6.2.
Apologies
Councillor Phillip Black extended his apologies for his inability to attend the meeting of the Corporate, Finance, Properties and Tenders Committee as he was overseas.
Moved by the Chair (the Lord Mayor), seconded by Councillor Tornai -
That the apology from Councillor Black be accepted and leave of absence from the meeting be granted.
Carried.
The meeting of the Corporate, Finance, Properties and Tenders Committee concluded at 2.50pm.
Report of the Committee
Moved by Councillor Kok, seconded by Councillor Tornai -
Monday 25 July 2011 462
That the report of the Corporate, Finance, Properties and Tenders Committee of its meeting of 18 July 2011 be received, and the recommendations set out below for Items 6.2 to 6.7 inclusive and 6.9 be adopted, with Item 6.1 being noted, and Item 6.8 being dealt with as shown immediately following that item.
Carried unanimously.
ITEM 6.1
DISCLOSURES OF INTEREST
No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of the Corporate, Finance, Properties and Tenders Committee.
The Committee recommended the following:
ITEM 6.2
INVESTMENTS HELD AS AT 30 JUNE 2011 (S034147)
It is resolved that the Investment Report as at 30 June 2011 be received and noted.
Carried unanimously.
ITEM 6.3
AMENDED FEES AND CHARGES 2011/12 – PUBLIC EXHIBITION (S082152)
It is resolved that Council approve the Supplementary Fees and Charges for 2011/12, as shown in Attachment A to the subject report, for public exhibition and comment for a period of 28 days.
Carried unanimously.
ITEM 6.4
THE CLOSURE AND SALE OF LUCAS LANE CAMPERDOWN (S074069)
It is resolved that:
(A) Council grant owner’s consent to the lodgement of a development application for the placement of security gates, located at the northern end of Lucas Lane, Camperdown;
(B) subject to Development Consent of the development application and entry into a deed of road closure in accordance with Clause (C) below, Council approve the closure and sale of Lucas Lane, as shown at Attachment A to the subject report;
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(C) Council enter into a deed of road closure with the Consulate General of the Peoples Republic of China. The deed will ensure that, on closure of the road under Section 34 of the Roads Act 1993, the land is transferred to the Consulate General of the Peoples Republic of China for the agreed purchase price of $254,000 plus GST; and
(D) authority be delegated to the Chief Executive Officer to finalise the closure and sale process as described in the subject report.
Carried unanimously.
ITEM 6.5
TENDER - HANGING BASKETS (S072239)
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘A’ for the construction of additional hanging baskets for the City’s Living Colour Floral Display Program; and
(B) Tender Evaluation Summary, Attachment A to the subject report, remain confidential in accordance with Section 10A(2)(d) of the Local Government Act 1993.
Carried unanimously.
ITEM 6.6
TENDER - REPLACEMENT OF ELECTRONIC HAND HELD PERSONAL DIGITAL ASSISTANT EQUIPMENT (S087028)
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘A’ to replace the City’s existing stock of electronic hand held personal digital assistant equipment; and
(B) Tender Evaluation Summary, Attachment A to the subject report, remain confidential in accordance with Section 10A(2)(d) of the Local Government Act 1993.
Carried unanimously.
ITEM 6.7
TENDER - ULTIMO COMMUNITY CENTRE LIFT 2 UPGRADE PROJECT (S066402)
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘A’ for the Ultimo Community Centre lift upgrade project; and
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(B) Tender Evaluation Summary, Attachment B to the subject report, remain confidential in accordance with Section 10A(2)(d) of the Local Government Act 1993.
Carried unanimously.
ITEM 6.8
TENDER - BOURKE ROAD ALEXANDRIA – IN-LANE BUS STOP AND INTERSECTION WIDENING (S084654)
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘A’ for the in-lane bus stop and intersection widening; and
(B) Tender Evaluation Summary, Attachment B to the subject report, remain confidential in accordance with Section 10A(2)(d) of the Local Government Act 1993.
Note – the recommendation of the Corporate, Finance, Properties and Tenders Committee was not adopted.
At the meeting of Council, it was moved by Councillor Kok, seconded by Councillor McInerney –
It is resolved that:
(A) Council accept the tender offer of Tenderer ‘A’ for the in-lane bus stop and intersection widening;
(B) Tender Evaluation Summary, Attachment B to the subject report, remain confidential in accordance with Section 10A(2)(d) of the Local Government Act 1993;
(C) on completion of this work, the City take all necessary steps to facilitate the implementation of a 40km per hour speed limit on Bourke Road; and
(D) on implementation of the 40km per hour speed limit on Bourke Road, investigation be carried out into the rationalisation or replacement of speed cushions with speed calming measures more suitable to local traffic conditions.
Carried unanimously.
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ITEM 6.9
CHINATOWN PUBLIC DOMAIN IMPROVEMENTS – EARLY START PROJECTS IN LITTLE HAY STREET, KIMBER LANE AND FACTORY STREET – INCREASED CONSTRUCTION CONTRACT CONTINGENCY (S076967)
It is resolved that:
(A) Council approve an additional contract contingency allocation equal to 7% of the original contract value for the Chinatown early start construction contract; and
(B) Project Budget Allocations, Attachment A to the subject report, remain confidential in accordance with Section 10A2(d) of the Local Government Act 1993.
Carried unanimously.
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ITEM 7 REPORT OF THE ENVIRONMENT AND HERITAGE COMMITTEE - 18 JULY 2011
PRESENT
The Lord Mayor Councillor Clover Moore MP (Chair)
Councillor Irene Doutney (Deputy Chair)
Councillors The Hon Dr Meredith Burgmann, Chris Harris, Marcelle Hoff, Robert Kok, Shayne Mallard, John McInerney and Di Tornai.
At the commencement of business at 2.51pm those present were -
The Lord Mayor, Councillors Burgmann, Doutney, Harris, Hoff, Kok, Mallard, McInerney and Tornai.
Apologies
Councillor Phillip Black extended his apologies for his inability to attend the meeting of the Environment and Heritage Committee as he was overseas.
Moved by Councillor Doutney, seconded by the Chair (the Lord Mayor) -
That the apology from Councillor Black be accepted and leave of absence from the meeting be granted.
Carried.
The meeting of the Environment and Heritage Committee concluded at 3.43pm.
Report of the Committee
Moved by Councillor Doutney, seconded by Councillor Tornai -
That the Report of the Environment and Heritage Committee of its meeting of 18 July 2011 be received, and the recommendations set out below for Items 7.2 to 7.5 inclusive be adopted, with Item 7.1 being noted.
Carried unanimously.
ITEM 7.1
DISCLOSURES OF INTEREST
No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of the Environment and Heritage Committee.
The Committee recommended the following:
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ITEM 7.2
BICENTENNIAL PARK – MASTER PLAN FOR THE CRESCENT LANDS, THE HILL AND HAROLD PARK (S064541)
It is resolved that a scoping and master planning study for future upgrades to the open space in the Bicentennial Park precinct in Forest Lodge and Glebe be developed.
Carried unanimously.
ITEM 7.3
OPTIONS FOR AN ECOLOGICALLY SUSTAINABLE DEVELOPMENT BUILDING REGISTER AND AWARD (S029610-03)
It is resolved that Council:
(A) continue to develop its range of innovative initiatives in the field of Ecologically Sustainable Development (ESD), to improve the efficiency and sustainability of both existing buildings and new development;
(B) continue to work closely with established organisations that promote and recognise improved building sustainability, like the Green Building Council of Australia, to develop ratings tools, building registers, and awards;
(C) continue to advocate the integration of ESD rating tools into the development assessment framework to the Department of Planning and Infrastructure; and
(D) further explore the potential to introduce an ESD award that is integrated into existing City initiatives and continue to provide support and sponsorship to existing ESD awards.
Carried unanimously.
ITEM 7.4
DRAFT STREET TREE MASTER PLAN – PUBLIC EXHIBITION (S083920)
It is resolved that:
(A) Council approve the draft Street Tree Master Plan, as shown at Attachment A to the subject report, for public exhibition for a period of six weeks for community comment; and
(B) the draft Street Tree Master Plan and any recommended changes be reported back to Council following the exhibition period.
Carried unanimously.
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ITEM 7.5
KING STREET NEWTOWN SMARTPOLES – MEMORANDUM OF UNDERSTANDING WITH MARRICKVILLE COUNCIL (S094931)
It is resolved that:
(A) Council agree to fund the installation and ongoing maintenance of eight Smartpoles in King Street, Newtown within the Marrickville Local Government Area;
(B) a Memorandum of Understanding detailing the proposed terms between the City of Sydney and Marrickville Council be established;
(C) authority be delegated to the Chief Executive Officer to negotiate and enter into an agreement for installation of the Smartpoles with Marrickville Council; and
(D) Financial Implications, Attachment G to the subject report, remain confidential in accordance with Section 10A(2)(c) of the Local Government Act 1993.
Carried unanimously.
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ITEM 8 REPORT OF THE CULTURAL AND COMMUNITY SERVICES COMMITTEE - 18 JULY 2011
PRESENT
The Lord Mayor Councillor Clover Moore MP (Chair)
Councillor Marcelle Hoff (Deputy Chair)
Councillors The Hon Dr Meredith Burgmann, Irene Doutney, Chris Harris, Robert Kok, Shayne Mallard, John McInerney and Di Tornai.
At the commencement of business at 3.32pm those present were -
The Lord Mayor, Councillors Burgmann, Doutney, Harris, Hoff, Kok, Mallard, McInerney and Tornai.
Apologies
Councillor Phillip Black extended his apologies for his inability to attend the meeting of the Cultural and Community Services Committee as he was overseas.
Moved by Councillor Hoff, seconded by the Chair (the Lord Mayor) -
That the apology from Councillor Black be accepted and leave of absence from the meeting be granted.
Carried.
The meeting of the Cultural and Community Services Committee concluded at 3.43pm.
Report of the Committee
Moved by Councillor Hoff, seconded by Councillor McInerney -
That the Report of the Cultural and Community Services Committee of its meeting of 18 July 2011 be received, with Item 8.1 being noted, and Items 8.2 and 8.3 being dealt with as shown immediately following those items.
Carried unanimously.
ITEM 8.1
DISCLOSURES OF INTEREST
No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of the Cultural and Community Services Committee.
The Committee recommended the following:
Monday 25 July 2011 470
ITEM 8.2
SPONSORSHIP – AUSTRALASIAN CONFERENCE FOR PUBLIC PARTICIPATION 2011 (S070612)
The Cultural and Community Services Committee decided that consideration of this matter be deferred to the meeting of Council on 25 July 2011.
At the meeting of Council, it was moved by Councillor Hoff, seconded by Councillor McInerney -
It is resolved that:
(A) Council approve cash sponsorship of $10,000 (excluding GST) and value-in-kind of $5,000 (excluding GST) for major venue hire for the 2011 Australasian Conference for Public Participation; and
(B) authority be delegated to the Chief Executive Officer to enter into an agreement with the International Association for Public Participation Australasia.
Carried unanimously.
ITEM 8.3
FINEGRAIN BUSINESS DEVELOPMENT MATCHING GRANT PROGRAM – MATCHED FUNDING REQUEST – FIFTYSIX CLARENCE PTY LTD (S082870)
It is resolved that:
(A) Council approve a cash grant of $30,000 (excluding GST) to Fiftysix Clarence Pty Ltd under the Finegrain Business Development Matching Grant Program; and
(B) authority be delegated to the Chief Executive Officer to enter into an agreement with Fiftysix Clarence Pty Ltd.
At the meeting of Council, it was moved by Councillor Hoff, seconded by Councillor Tornai –
That the recommendation of the Cultural and Community Services Committee be adopted.
The motion was carried on the following show of hands –
Ayes (7) The Lord Mayor, Councillors Black, Hoff, Kok, Mallard, McInerney and Tornai.
Noes (3) Councillors Burgmann, Doutney and Harris.
Motion carried.
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ITEM 9 REPORT OF THE PLANNING DEVELOPMENT AND TRANSPORT COMMITTEE - 18 JULY 2011
PRESENT
The Lord Mayor Councillor Clover Moore MP (Chair)
Councillors The Hon. Dr Meredith Burgmann, Irene Doutney, Chris Harris, Marcelle Hoff, Robert Kok, Shayne Mallard, John McInerney and Di Tornai.
At the commencement of business at 4.38pm those present were:
The Lord Mayor, Councillors Burgmann, Doutney, Harris, Hoff, Kok, Mallard, McInerney and Tornai.
Apologies
Councillor Phillip Black extended his apologies for his inability to attend the meeting of the Planning Development and Transport Committee as he was overseas.
Moved by the Chair (the Lord Mayor), seconded by Councillor Tornai -
That the apology from Councillor Black be accepted and leave of absence from the meeting be granted.
Carried unanimously.
Adjournment
At 5.14pm, it was moved by Councillor McInerney, seconded by Councillor Hoff -
That the meeting of the Planning Development and Transport Committee be adjourned to enable consideration of items by the Major Development Assessment and Development Assessment Sub-Committees, such items not to be considered prior to 6.00pm.
Carried unanimously.
At the resumption of the meeting of the Planning Development and Transport Committee at 6.00pm, those present were:
The Lord Mayor, Councillors Burgmann, Doutney, Harris, Hoff, Kok, Mallard, McInerney and Tornai.
Sub-Committees
Meetings of the following Sub-Committees of the Planning Development and Transport Committee commenced at the times shown below.
The Planning Policy Sub-Committee, with Councillor McInerney as Deputy Chair, commenced at 4.39pm.
Monday 25 July 2011 472
The Major Development Assessment Sub-Committee, with Councillor Tornai as Deputy Chair, commenced at 9.15pm.
The Development Assessment Sub-Committee, with Councillor Mallard as Deputy Chair, commenced at 6.00pm.
Order of Business
The Planning Development and Transport Committee agreed, for the convenience of the public present, that the Order of Business be altered such that the agenda items be dealt with in the following order -
1. Disclosures of Interest 2. Temporary Managed Road Closure – Cowper Wharf Roadway Woolloomooloo 3. B-Double Truck Routes Changes – Alexandria and Waterloo 4. Planning Proposal: 956-960 Bourke Street – 355 Botany Road and 377-497 Botany Road Zetland – Landcom/Mirvac/Leighton Sites – Green Square Town Centre – Post Exhibition Report and Draft Planning Agreement 5. South Sydney Local Environmental Plan 1998 – Amendment No. 21 – 301-303 Botany Road Zetland – Post Exhibition Report and Voluntary Planning Agreement 6. Commercial Agreement for the Provision of Green Infrastructure on the John Newell Site – 301-303 Botany Road Zetland 7. Community Land Trust Research Project – Phase One – Legal and Financing Models in Australia 8. General Business 12. Development Application: 40 and 40A Caldwell Street Darlinghurst 13. Development Application: 124-126 Renwick Street Redfern 15. Development Application: 180 Victoria Street Potts Point 14. Development Application: 524 Bourke Street Surry Hills 16. Development Application: 53 Forsyth Street Glebe – Walter Burley Griffin Incinerator 9. Development Application: 65 Cowper Wharf Roadway Woolloomooloo 10. Development Application: 8 Missenden Road Camperdown – Sancta Sophia College 11. Development Application: 85-87 Bourke Street and 13-15 Griffiths Street Woolloomooloo
The meeting of the Planning Development and Transport Committee and all its Sub- Committees concluded at 9.58pm.
ITEM 9.1
DISCLOSURES OF INTEREST
(a) Section 451 of the Local Government Act 1993
The Lord Mayor, Councillor Clover Moore MP, declared a less than significant non- pecuniary interest in Item 9.10 on the agenda, in that she is a former resident of Sancta Sophia College and last year the College nominated her for the Sydney University 2010 Alumni Award for Community Achievement, which she was honoured to receive. The Lord Mayor stated that no further action is required because her association with the College is less than significant, she has no ongoing involvement with the College, and her association is non-pecuniary and has no bearing on this proposal.
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Councillor Shayne Mallard declared a less than significant non-pecuniary interest in Items 9.5 and 9.6 on the agenda, as he is aware that the landowner/applicant has been a donor to the Liberal Party. Councillor Mallard stated that this is less than significant because, as a Liberal endorsed candidate and Councillor, he does not have a close relationship with donors and has no direct role in the administration of donations which are administered by Party officials and head office and no donations benefit him personally.
Councillor Mallard also declared a less than significant non-pecuniary interest in Item 9.9 on the agenda, in that, while the applicant has not made a donation to the Liberal Party, he is aware that a representative of the applicant has donated to the Liberal Party. Councillor Mallard stated that this is less than significant because, as a Liberal endorsed candidate and Councillor, he does not have a close relationship with donors and has no direct role in the administration of donations which are administered by Party officials and head office and no donations benefit him personally.
(b) Local Government and Planning Legislation Amendment (Political Donations) Act 2008
No disclosures were made by any members of the public at this meeting of the Planning Development and Transport Committee.
Report of the Planning Policy Sub-Committee
Moved by Councillor McInerney, seconded by the Chair (the Lord Mayor) -
That the report of the Planning Policy Sub-Committee of its meeting of 18 July 2011 be received, with Items 9.1 and 9.8 being noted, the recommendations set out below for Items 9.2, 9.3 and 9.5 to 9.7 inclusive being adopted, and Item 9.4 being dealt with as shown immediately following that item.
Carried unanimously.
The Planning Policy Sub-Committee recommended the following:
ITEM 9.2
TEMPORARY MANAGED ROAD CLOSURE - COWPER WHARF ROADWAY WOOLLOOMOOLOO (S077714)
It is resolved that:
(A) Council continue the temporary managed road closure of Cowper Wharf Roadway Woolloomooloo, between Brougham and Wylde Streets Potts Point, from 11.00pm to 3.00am on Friday and Saturday nights, and on a Sunday night before any public holiday on a Monday, until January 2014;
(B) Council be provided with a further report and recommendation by September 2012 on the continuation of the temporary managed road closure of Cowper Wharf Roadway, prior to any new tenders being called for the management of the temporary managed road closure; and
Monday 25 July 2011 474
(C) authority be delegated to the Chief Executive Officer to approve minor variations to the Cowper Wharf Roadway closure, such as additional nights for specific purposes, or the temporary discontinuation of the road closure on a particular night if it is not required, such as on New Year’s Eve.
Carried unanimously.
ITEM 9.3
B-DOUBLE TRUCK ROUTES CHANGES - ALEXANDRIA AND WATERLOO (S075840)
It is resolved that Council approve the:
(A) changes to the B-double truck route, from 23-metre trucks to 25-metre trucks along South Dowling Street to 56 O’Dea Avenue Waterloo;
(B) changes to the B-double truck route, from 23-metre trucks to 25-metre trucks along Bourke Road, between Collins Street and the public weighbridge at Perry Park Alexandria; and
(C) conditions for B-double truck access to 56 O’Dea Avenue via South Dowling Street, as follows:
(1) Exit from the site is by a left turn only into O’Dea Avenue;
(2) A maximum of two loads only, not exceeding 37 tonnes per load can be delivered each week, with deliveries restricted to Monday to Friday, between 10.00am and 3.00pm;
(3) Within the site there must be sufficient space to manoeuvre the B-double trucks, to allow entry and exit in a forward direction at all times, and
(4) All loading and unloading must only occur within the site, and not on the public way at any time.
Carried unanimously.
ITEM 9.4
PLANNING PROPOSAL: 956-960 BOURKE STREET - 355 BOTANY ROAD AND 377- 497 BOTANY ROAD ZETLAND - LANDCOM/MIRVAC/LEIGHTON SITES – GREEN SQUARE TOWN CENTRE - POST EXHIBITION REPORT AND DRAFT PLANNING AGREEMENT (S079516)
It is resolved that:
(A) Council note the matters raised in response to the public exhibition of Planning Proposal: Sydney Local Environmental Plan 2010 (Green Square Town Centre) – Sites 956-960 Bourke Street, 355 Botany Road and 377-497 Botany Road, Zetland, October 2010;
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(B) Council endorse the revised Planning Proposal: Sydney Local Environmental Plan 2010 (Green Square Town Centre) – Sites 956-960 Bourke Street, 355 Botany Road and 377-497 Botany Road, Zetland, July 2011, as shown at Attachment A to the subject report, for submission to the Director General of the Department of Planning and Infrastructure, in accordance with Section 58 of the Environmental Planning and Assessment Act 1979, with a request that the Gateway Determination be revised to enable re-exhibition of the Planning Proposal for 14 days;
(C) authority be delegated to the Chief Executive Officer to prepare, with the landowner(s), a draft voluntary Planning Agreement for public exhibition for a minimum of 28 days, in accordance with the Environmental Planning and Assessment Act 1979, within the following key terms:
(i) dedication of 24,295 square metres of land to be remediated for the public domain, roads and plazas;
(ii) works in-kind for essential infrastructure and public domain, and/or a monetary contribution, to at least the total value of the contribution attributable to the site for Section 94 under the City of Sydney Development Contributions Plan 2006 and for the “Development Rights Scheme” under the Green Square Infrastructure Strategy (2006);
(iii) public access to the retail car park and appropriate signage to be provided on the subject site for visitors to the planned community facility in the Civic Plaza, during the operating hours of the retail development;
(iv) appointment of a Place Manager/Travel Coordinator for four years starting from occupation of the first dwellings of the development;
(v) design and construction of any proposed residential, commercial and retail building on the site to be capable of being fully connected to the following green infrastructure that is to be provided by Council to the boundary of the site:
(a) trigeneration system for space heating and cooling and hot water;
(b) non-potable recycled water system; and
(c) automated waste collection system; and
(vi) the provision of (v) above is subject to Council providing the green infrastructure systems to the boundary of the landowner’s property and confirmation at an agreed timeframe that services can be provided in accordance with legislative, technical, delivery and staging requirements; and
(D) following public exhibition, authority be delegated to the Chief Executive Officer to make any minor changes to the Draft Planning Agreement to finalise matters raised during the public exhibition and execute the subject Agreement with the landowner(s), provided it is in accordance with the key terms identified in clause (C).
At the meeting of Council, it was moved by Councillor McInerney, seconded by Councillor Tornai –
Monday 25 July 2011 476
That the recommendation of the Planning Development and Transport Committee be adopted, subject to the addition of the following new clauses:
(E) Council endorse the changes to the Floor Space Ratio Map, shown at Attachment A to the Memorandum dated 22 July 2011 from the Director City Planning and Regulatory Services, circulated prior to the meeting of Council, and the change to Clause 6.9 of the Local Drafting Provisions, shown at Attachment B to the Memorandum dated 22 July 2011 from the Director City Planning and Regulatory Services; and
(F) Council note that, in considering this matter at the meeting on 21 July 2011, the Central Sydney Planning Committee also resolved that it is the preference of the Central Sydney Planning Committee that the draft Planning Proposal and the voluntary Planning Agreement be placed on exhibition concurrently.
Carried unanimously.
Note – The Chair (the Lord Mayor), along with Councillor Tornai, commended all parties for the work done on this matter and acknowledged the many hours of work put in by Council staff.
ITEM 9.5
SOUTH SYDNEY LOCAL ENVIRONMENTAL PLAN 1998 - AMENDMENT NO. 21 - 301-303 BOTANY ROAD ZETLAND - POST EXHIBITION REPORT AND VOLUNTARY PLANNING AGREEMENT (S080643)
It is resolved that:
(A) Council note the matters raised in response to the public exhibition of Planning Proposal: South Sydney Local Environmental Plan 1998 (Amendment No. 21) – 301-303 Botany Road, Zetland;
(B) Council endorse, for public exhibition for a minimum of 28 days, the draft voluntary Planning Agreement – 301-303 Botany Road, Zetland, shown at Attachment B to the subject report, that delivers as a minimum the following public benefits:
(i) 231 sqm land to be dedicated for the Civic Plaza;
(ii) 347.5 sqm land as a continuous 3m strip along the length of Botany Road and Bourke Street, to be dedicated to Council for footpath widening;
(iii) cash contribution of $11,890,907.00 (at December 2010 values) for ‘essential infrastructure’ in accordance with the ‘Development Rights Scheme’ in the Green Square Town Centre Infrastructure Strategy (2006), to be indexed using the Consumer Price Index (All Groups Sydney) for the last quarterly period at the time of payment;
(iv) public pedestrian access to the retail car park on the subject site for visitors to the planned community facility in the Civic Plaza, during the operating hours of the planned retail;
(v) provision of signage on the subject site to direct visitors to the planned community facility in the Civic Plaza to use the subject site’s retail car park;
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(vi) public domain works on Botany Road and Bourke Street;
(vii) design and construction of any proposed residential and retail building on the site to be capable of being fully connected to the following green infrastructure that is to be provided by Council to the boundary of the site:
(a) trigeneration system for space heating and cooling and hot water;
(b) non-potable recycled water system; and
(c) automated waste collection system; and
(viii) the provision of (vii) above is subject to Council providing the green infrastructure systems to the boundary of the landowner’s property before the occupation of each building that is to be constructed on the site;
(C) following public exhibition, authority be delegated to the Chief Executive Officer to make any minor changes to the draft voluntary Planning Agreement – 301-303 Botany Road, Zetland to finalise matters raised during public exhibition and execute the voluntary Planning Agreement, subject to the Planning Agreement remaining consistent with the terms detailed in clause (B); and
(D) subject to execution of the voluntary Planning Agreement by the Chief Executive Officer and the landowner in accordance with the terms detailed in clause (B), Council submit Planning Proposal: South Sydney Local Environmental Plan 1998 (Amendment No. 21) – 301-303 Botany Road, Zetland, shown at Attachment A to the subject report, to the Director General of the Department of Planning and Infrastructure, with a request that South Sydney Local Environmental Plan 1998 (Amendment No. 21) – 301-303 Botany Road, Zetland be legally drafted and made, in accordance with Sections 58 and 59 of the Environmental Planning and Assessment Act 1979.
Carried unanimously.
ITEM 9.6
COMMERCIAL AGREEMENT FOR THE PROVISION OF GREEN INFRASTRUCTURE ON THE JOHN NEWELL SITE – 301-303 BOTANY ROAD ZETLAND (S082538)
It is resolved that:
(A) Council note the information contained in Attachment B to the subject report;
(B) Council approve the draft Commercial Agreement for the provision of green infrastructure on the John Newell site – 301-303 Botany Road, Zetland, as shown at Attachment A to the subject report;
(C) subject to the landowner entering into the Planning Agreement, authority be delegated to the Chief Executive Officer to make any minor changes to, and subsequently execute, the Commercial Agreement with the landowner; and
(D) Draft Commercial Agreement and Warranties and Liabilities, being Attachments A and B respectively to the subject report, remain confidential under Sections 10A(2)(c) and (d)(i) of the Local Government Act 1993.
Carried unanimously.
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ITEM 9.7
COMMUNITY LAND TRUST RESEARCH PROJECT – PHASE ONE – LEGAL AND FINANCING MODELS IN AUSTRALIA (S059651)
It is resolved that:
(A) authority be delegated to the Chief Executive Officer to provide $10,000 to the Urban Research Centre, University of Western Sydney, to conduct research relating to the legal models that support Community Land Trusts; and
(B) the funding be subject to the Urban Research Centre securing sufficient funding for the balance of the project cost.
Carried unanimously.
ITEM 9.8
GENERAL BUSINESS (S054963)
No items of General Business were raised at the meeting of the Planning Development and Transport Committee.
Report of the Major Development Assessment Sub-Committee
Moved by Councillor Tornai, seconded by Councillor Kok-
That the report of the Major Development Assessment Sub-Committee of its meeting of 18 July 2011 be received, with the recommendations set out below for Items 9.9 and 9.10 being adopted, and Item 9.11 being dealt with as shown immediately following that item.
Carried unanimously.
The Major Development Assessment Sub-Committee recommended the following:
ITEM 9.9
DEVELOPMENT APPLICATION: 65 COWPER WHARF ROADWAY WOOLLOOMOOLOO (D/2011/73)
It is resolved that:
(A) pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, a deferred commencement consent be granted subject to the following:
(1) Prior to the activation of this consent:
(a) The Voluntary Planning Agreement prepared by Council and placed on public exhibition on 18 May 2011 shall be executed and submitted to Council; and
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(b) The guarantee must be provided to Council in accordance with the Voluntary Planning Agreement; and
(c) The Voluntary Planning Agreement, as executed, must be registered on the title of the land;
(B) evidence that will sufficiently enable Council to be satisfied as to those matters identified in deferred commencement conditions, as indicated above, must be submitted to Council by within six (6) months of the date of determination of the development application;
(C) the consent will not operate until such time that the Council notifies the Applicant in writing that deferred commencement consent conditions as indicated above, have been satisfied; and
(D) upon Council giving written notification to the Applicant that the deferred commencement conditions have been satisfied, the consent will become operative from the date of that written notification, subject to the following conditions of consent and any other additional conditions reasonably arising from consideration of the deferred commencement consent conditions:
SCHEDULE 1A
Approved Development/Design Modifications/Covenants and Contributions/Use and Operation
Note: Some conditions in Schedule 1A 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.
(1) APPROVED DEVELOPMENT
(a) Development must be in accordance with Development Application No. D/2011/73 dated 21 January 2011 and the following drawings:
Drawing Drawing Title / Architect Date Number DA00 (Rev.A) Site Plan & Drawing 21/12/2010 Schedule / Eeles Trelease DA01 (Rev.B) Basement Plan & Car 18/03/2011 Stacker Pit / Eeles Trelease DA02 (Rev.C) Ground & First Floor Plan / 18/03/2011 Eeles Trelease DA03 (Rev.D) Second & Third Floor Plan / 18/03/2011 Eeles Trelease DA04 (Rev.B) Fourth Floor & Roof Plan / 18/03/2011 Eeles Trelease DA05 (Rev.D) East Elevation & North 18/03/2011 Elevation / Eeles Trelease
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Drawing Drawing Title / Architect Date Number DA06 (Rev.A) South Elevation & West 21/12/2010 Elevation / Eeles Trelease DA07 (Rev.B) Section A-A / Eeles Trelease 25/02/2011 DA08 (Rev.C) Section B-B / Eeles Trelease 18/03/2011 DA10 (Rev.C) Gross Floor Areas / Eeles 18/03/2011 Trelease
and as amended by the conditions of this consent.
(b) In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.
(2) FLOOR SPACE RATIO - ALL OTHER AREAS
The following applies to Floor Space Ratio:
(a) The Floor Space Ratio for the business use must not exceed 0.66:1; for the residential use must not exceed 3.12:1; and for the mixed use (common areas) must not exceed 0.18:1 calculated in accordance with South Sydney Local Environmental Plan 1998. For the purposes of the calculation of FSR, the Gross Floor Area of the business component is 325 sqm, for the residential component is 1,541 sqm, and the total Gross Floor Area is 1,955 sqm.
(b) Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification of the total and component Gross Floor Areas (by use) in the development, utilising the definition under South Sydney Local Environmental Plan 1998, applicable at the time of development consent, to the satisfaction of the Principal Certifying Authority.
(3) BUILDING HEIGHT
(a) The height of the building must not exceed 15.74m (RL 18.31) to the top of the building with the exception of a lift overrun.
(b) Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification that the height of the building accords with (a) above, to the satisfaction of the Principal Certifying Authority.
(4) APPROVED DESIGN ROOF - TOP PLANT
(5) SECTION 94 EASTERN PRECINCT CITY OF SYDNEY DEVELOPMENT CONTRIBUTIONS PLAN 2006
As a consequence of this development, Council has identified an additional demand for public amenities and facilities. Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 (as amended), and City of Sydney Section 94 Contributions Development Contributions Plan 2006 the following monetary contributions towards the cost of providing facilities and amenities are required.
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Contribution Category Amount
Community Facilities $11,933.55
Public Domain $23,009.07
New Open Space $187,209.84
Accessibility $1,888.50
Management $2,041.90
Total $226,082.87
The above payments will be adjusted according to the relative change in the Consumer Price Index using the following formula.
Contributions at Time of Payment = C x CPI2 / CPI1
where:
C is the original contribution amount as shown above;
CPI2 is the Consumer Price Index: All Groups Index for Sydney available from the Australian Bureau of statistics at the time of payment; and
CPI1 is the Consumer Price Index: All Groups Index for Sydney available from the Australian Bureau of Statistics at the date of calculation being – March 2011.
The contribution must be paid prior to issue of a Construction Certificate.. Payment may be by EFTPOS (debit card only), CASH or a BANK CHEQUE made payable to the City of Sydney. Personal or company cheques will not be accepted. Please contact Council’s Planning Administration staff to confirm the amount payable, prior to payment.
Copies of the City of Sydney Section 94 Development Contributions Plan 2006 may be inspected at Council's offices.
(6) WORKS TO ADJACENT DEPARTMENT OF HOUSING PREMISES 4-16 DOWLING STREET WOOLLOOMOOLOO
(a) The applicant shall enter into a Deed of Agreement with the Department of Housing to pay for the costs of the works to reconfigure apartments 7, 8, 9 and 10 in the adjacent residential building at 4-16 Dowling Street Woolloomooloo as approved by development consent D/2008/1906 on 11 November 2008. Documentary evidence of the Deed shall be submitted to Council and Council’s written confirmation of such submission shall be obtained prior to the issue of an Occupation Certificate.
(b) The cost of reconfiguring the apartments and associated works shall be borne by the applicant for the subject development.
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(7) DETAILS OF PRECAUTIONS TO PREVENT DAMAGE TO 4 DOWLING STREET WOOLLOOMOOLOO
Prior to the issue of a Construction Certificate the following is to be submitted to the satisfaction of Council:
(a) A full dilapidation report of the adjacent building at 4 Dowling Street;
(b) Design details of the temporary and permanent excavation support;
(c) Details of any underpinning works proposed to support the Department of Housing building at 4 Dowling Street during and after the excavation process;
(d) Details of the extent of monitoring proposed during the excavation and construction of the building, which must include installation of electronic vibration equipment, the monitoring of vibration impacts for the entire period of construction, and weekly reports on vibration readings;
(e) An updated geotechnical report taking into consideration any damage that has occurred to 4 Dowling Street; and
(f) Written permission for the Department of Housing to view and comment on the information prior to its submission to Council.
(8) DESIGN DETAILS (MAJOR DEVELOPMENT)
The design details of the proposed building facade including all external finishes, colours and glazing must be in accordance with the materials schedule and sample board, and specifications prepared by Eeles Trelease Pty Ltd dated 21 December 2010.
(9) CLOTHES DRYING ON BALCONIES
The use of balconies for the purpose of air-drying clothes and other laundry items is permitted. However, clothes and other laundry items must not be hung on balcony balustrades.
(10) GLAZING
All glazing for residential units at the North-West (Cowper Wharf Roadway) Elevation shall be double-glazed.
(11) AWNING DETAILS
The design of the awning must be as follows:
(a) The design of the awning on Cowper Wharf Road is to ensure that the form and health of the existing street trees are maintained.
(b) The awning is to be designed in accordance with the City of Sydney’s Awnings Policy 2000.
(c) The final dimensions and design are to be submitted to and approved by Council prior to a Construction Certificate being issued.
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(12) RE-USE OF ROOF RAINWATER
(a) Use:
(i) Rainwater is only to be collected from roof catchments and its use is restricted to toilet flushing, washing cars, garden use and for washing machines only.
(b) Installation requirements:
(i) All plumbing work is to be carried out by a licensed plumber and must be carried out in accordance with AS/NZS 3500:2003. A permit in accordance with the NSW Code of Practice - Plumbing and Drainage 2006 (as amended) is to be obtained from Sydney Water for the work to be carried out.
(ii) Rainwater tanks shall be designed to include, but not be limited to the following:-
a. Rainwater tanks shall be fixed to structurally adequate bases or walls in accordance with manufactures specifications or engineers details.
b. Shall not be fixed to, or otherwise supported by a bounding common fence, wall or the like, without prior approval by adjacent land owners.
c. All roof gutter downpipes must be fitted with a first flush device in accordance with the manufacturer’s recommendations.
d. Openings being suitably sealed to prevent access by children and being fitted with a fine mesh screens in order to prevent penetration of contaminants and insects such as mosquitoes.
e. All gutters, downpipes and associated supply pipe work must be free draining to prevent ponding of rainwater and made of suitable non-corrodible materials.
f. Shall have an overflow device being fitted to the rainwater tank which directs water into an existing stormwater drainage system, and shall have a suitable drainage plug/tap fitted and positioned in a manner that facilitates flushing and cleaning.
(iii) The water supply system from a rainwater tank shall be clearly marked at intervals not exceeding 500 mm with the word ‘RAINWATER’ in contrasting colour, in accordance with AS 1345. Water outlets shall be identified as ‘RAINWATER’, or with a rainwater tap identified by a green coloured indicator with the letters ‘RW’.
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(iv) A suitable back up water supply using potable water must be provided to ensure that essential services such as toilet flushing are not contradicted where there is inadequate rainfall to meet demand or the rainwater harvesting system fails.
(v) For rainwater tanks that are not directly connected with the potable supply, the indirect connection shall be by means of a visible “air gap” external to the rainwater tank, in accordance with the provisions of the National Plumbing Code AS /NZS 3500 - Minimum air gap requirements.
(vi) Where a rainwater tank is to be directly cross connected with the Sydney Water supply, an appropriate testable device shall be provided at the meter location on the potable water supply to prevent backflow of rainwater. This device must meet the requirements of Sydney Water.
(vii) Water pumps are to be located so as not causing an “offensive noise” as defined by the Protection of the Environment Operations Act 1997 to any affected receiver.
(c) Proximity to other services:
(i) All rainwater pipes must be separated from any parallel drinking water service. Above ground pipes must be 100mm away and below ground 300mm away from any drinking water pipe.
(d) Marking and labelling:
(i) Above ground distribution pipes shall be continuously marked ‘RAINWATER’ in accordance with AS1345. Alternatively, adhesive pipe markers clearly labelled ‘RAINWATER’ made in accordance with AS 1345 can be used.
(ii) Below ground distribution pipes shall be continuously marked ‘RAINWATER’ at intervals not exceeding 500mm in accordance with AS1345. Alternatively, identification tape/pipe sleeve continuously marked ‘RAINWATER’ made in accordance with AS 2648 can be used.
(iii) All rainwater tank outlets, taps, valves and tank apertures shall be identified as ‘RAINWATER’ with a sign complying with AS1319 or a green coloured indicator with the letters ‘RW’. Alternatively a permanent sign at the front of the premises and visible to all visitors may be displayed advertising rainwater use.
(e) Maintenance:
(i) All rainwater tanks installed are to be maintained by the owner in accordance with these provisions, the NSW Health Department Circular no 2002/1 “Use of rainwater tanks where a reticulated potable supply is available” and any other local water utility requirements.
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(ii) The rainwater collection system shall be constantly maintained in accordance to the manufacturer’s instructions and in line with any approved maintenance plan so as to prevent risk of pathogenic microbial contamination including legionella and organisms from wildlife including birds.
(13) USE - SEPARATE DA REQUIRED
(a) A separate development application for the fitout and use of each individual retail/commercial tenancy must be submitted to and approved by Council prior to that fitout or use commencing.
(b) Consideration shall be given to adequate provision of mechanical ventilation to ensure the retail tenancy can satisfy the requirements of AS1668.1-1998 and AS1668.2-1991.
(14) SIGNS - SEPARATE DA REQUIRED
(15) SIGNAGE STRATEGY
(16) SIGNS/GOODS IN THE PUBLIC WAY
(17) NO SPRUIKING/AMPLIFIED NOISE
(18) CARE OF BUILDING SURROUNDS
(19) REMOVAL OF GRAFFITI
(20) NOISE - GENERAL
(a) The emission of noise associated with the use of the premises and the operation of any mechanical plant and equipment shall comply with the following criteria:
(i) The LAeq, 15minute noise level emitted from the use must not exceed the background noise level LA90, 15minute by more than 5dB when assessed at the boundary of any affected receiver.
(ii) The Laeq,15minute noise level shall be adjusted for modifying factors in accordance with Appendix 2 of the Noise Guide For Local Government published by DECCW.
(iii) The background noise level shall be measured in the absence of noise emitted from the use in accordance with Australian Standard AS 1055.1-1997-Description and measurement of environmental noise.
(b) An Laeq,15minute noise level emitted from the use must not exceed the LA90, 15minute noise level by more than 3dB in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) when assessed inside any habitable room of any affected residence provided that:
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(i) Where the LA90, 15minute noise level is below the threshold of hearing Tf at any Octave Band Centre Frequency as defined in Table 1 of International Standard ISO 226 - Normal Equal- Loudness-Level Contours then the value of Tf corresponding to that Octave Band Centre Frequency shall be used instead.
(ii) The LAeq,15minute noise level and the LA90,15minute noise level shall both be measured with all external doors and windows of the affected residence closed.
(iii) The LAeq,15minute noise level shall be adjusted for modifying factors in accordance with Appendix 2 of the Noise Guide For Local Government published by DECCW.
(iv) The LA90,15minute noise level shall be measured in the absence of noise emitted from the use but with the (excluding air- conditioning equipment) normally servicing the affected residence operating.
(c) An LAeq,15minute noise level emitted from the use must not exceed the LA90, 15minute noise level by more than 3dB in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) when assessed inside any commercial premises provided that:
(i) The LAeq,15minute noise level and the LA90,15minute noise level shall both be measured with all external doors and windows of the commercial premises closed.
(ii) The LA90,15minute noise level shall be measured in the absence of noise emitted from the use but with the ventilation equipment (including air-conditioning equipment) normally servicing the commercial premises operating.
(iii) The LAeq,15minute noise level shall be adjusted for modifying factors in accordance with Appendix 2 of the Noise Guide For Local Government published by DECCW.
(iv) The use of the premises shall be controlled so that any emitted noise is at a level so as not to create an "offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any affected receiver.
(v) In this clause, the term “noise level emitted from the use” means the contributing noise level from the use in isolation to any other ambient noise and account must therefore be taken of the LAeq, 15minute when the use is not in operation
(vi) In circumstances where this development application refers to a modification or addition to an existing use, the background noise level referred to in this clause pertains to the LA90, 15minute noise level measured in the absence of all noise from the site.
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(d) The use of the premises shall be controlled so that any emitted noise is at a level so as not to create an "offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any affected receiver.
(e) In this clause, the term “noise level emitted from the use” means the contributing noise level from the use in isolation to any other ambient noise and account must therefore be taken of the LAeq, 15minute when the use is not in operation.
(f) In circumstances where this development application refers to a modification or addition to an existing use, the background noise level referred to in this clause pertains to the LA90, 15minute noise level measured in the absence of all noise from the site.
(21) INTRUDER ALARM
(22) DESIGN AND OPERATION OF CAR STACKER
(a) The operation of the car turntable and stacker must be clearly identified to users. Methods of doing so must be submitted to and approved by Council prior to the issue of a Construction Certificate.
(b) All operable parts of the system must be located in accordance with AS 1428.1 in relation to height and location from internal corners.
(c) The floor surface, providing access around the vehicle for getting into and out of the vehicle, providing access to the operation point, and providing access to the building lobby, must comply with the requirements of AS 1428.1 with respect to slip resistance, evenness of the surface and gradient.
(d) The accessible paths of travel comply with all other requirements of AS 1428.1 with respect to accessible paths of travel.
(e) The area where a person alights or enters their vehicle satisfies the spatial requirements of AS 2890.1 – 1993 for parking for people with a disability.
(f) The doors linking the internal lobby to the bicycle store and the car turntable must be fitted with locks and light systems that automatically lock when the turntable is in operation.
(g) The bicycle storage (class 2) adjacent the car turntable must be designed so as to ensure the safety of bicycle storage users at all times. In this regard, adequate circulation space and safety devices must be provided.
(h) The car turntable shall not be used for car parking, other than for the temporary offloading of deliveries.
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(23) ALLOCATION OF PARKING
A maximum of twenty-one (21) car spaces is approved. The approved spaces within the car stacker must be allocated as detailed below. If the development is to be strata subdivided, the spaces within the car stacker must respect the required allocation:
(a) Ten (10) residential parking spaces.
(b) Seven (7) retail/commercial parking spaces.
(c) One (1) service space.
(d) Three (3) residential visitor parking spaces.
(24) ALLOCATION FOR VISITOR PARKING
(25) SIGN FOR VISITOR CAR PARKING
A sign, legible from the street, must be permanently displayed to indicate the availability of residential visitor parking.
(26) ACCESSIBLE CAR PARKING SPACES
Of the required car parking spaces within the car stacker, at least three (3) must be retained as accessible parking for people with mobility impairment.
(27) ALLOCATION OF ACCESSIBLE CAR PARKING SPACES
(28) ALLOCATION FOR CAR WASH BAYS
(29) BICYCLE PARKING
(30) LOADING WITHIN SITE
(31) LOADING/PARKING KEPT CLEAR
(32) LOADING VIA THE ENTRANCE
All loading and unloading operations must be carried out via the entrance.
(33) REMOVAL VEHICLES
(34) VEHICLE ACCESS
(35) SIGNS AT EGRESS
(36) LOCATION OF DRIVEWAYS
The access driveway for the site must not be closer than:
(a) 10 metres from the kerb line of the nearest cross street/lane.
(b) 20 metres from the kerb line of the nearest signalised cross street/lane.
(c) 1 metre from the property boundary of the adjacent site.
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(d) 2 metres from any other driveway.
(e) 10 metres from any existing driveway or road/lane intersection located on the opposite side of the access road.
The details must be submitted to and approved by the Certifying Authority prior to a Construction Certificate being issued.
(37) ASSOCIATED ROADWAY COSTS
(38) KEEPING THE FOOTWAY CLEAR
Prior to the issue of a Construction Certificate the applicant must provide evidence that measures have been put in place to prevent the requirement for vehicles to block the footway. This can either be through a redesign of the car park entry, or through a plan of management for visitors and couriers arriving to the site. This will need to be to the satisfaction of the certifying authority.
(39) INTERCOM FOR VISITORS
The visitor spaces must be accessible to visitors by the location of an intercom (or card controller system) at the car park entry, wired to all units, prior to an Occupation Certificate being issued or the use commencing, whichever is earlier.
(40) SIGNAL SYSTEM
A system of traffic lights must be installed at the entrance to the car turntable to indicate occupation of the turntable by any cars. This system must be detailed in the application for a Construction Certificate. Any system using traffic light signals must maintain a green signal to entering vehicles at the point of entry, and must maintain a red signal when the car turntable is occupied or in use.
(41) SECURITY GATES
(42) TRAFFIC WORKS
(43) COST OF SIGNPOSTING
(44) VEHICLE FOOTWAY CROSSING
(45) RESTRICTION ON RESIDENTIAL DEVELOPMENT
The following restriction applies to buildings approved for residential use:
(a) The accommodation portion of the building (Levels 1 to 4) must be used as permanent residential accommodation only and not for the purpose of a hotel, motel, serviced apartments, private hotel, boarding house, tourist accommodation or the like, other than in accordance with the South Sydney Local Environmental Plan 1998.
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(b) A restrictive covenant is to be registered on the title of the development site in the above terms and restricting any change of use of those levels from residential. The covenant is to be registered on title prior to an Occupation Certificate being issued or the use commencing, whichever is earlier, to the satisfaction of the Council. All costs of the preparation and registration of all associated documentation are to be borne by the applicant.
(c) No more than two adult people shall occupy any bedroom and no bedroom shall contain more than two beds. This excludes children and children’s beds, cots or bassinets.
(d) The total number of adults residing in one unit shall not exceed twice the number of approved bedrooms.
(e) If a unit contains tenants, it must be subject to a residential tenancy agreement for a term of at least three months.
(f) An owner, tenant or Owners Corporation shall not permit a Building Manager or agent to advertise or organise for short term accommodation or share accommodation in the building.
(g) Car parking spaces may only be used for storage related to residence in the unit with which the space is associated. No storage should take place for commercial businesses in car parking spaces.
(46) RESTRICTION ON USE OF CAR SPACES - RESIDENTIAL
(47) PROHIBITION ON PARTICIPATION IN RESIDENT PARKING PERMIT SCHEME APPLICATION OF CITY OF SYDNEY PERMIT PARKING POLICY - INELIGIBILITY FOR RESIDENT PARKING PERMITS
(48) SIGNAGE TO INDICATE NON PARTICIPATION IN RESIDENT PARKING PERMIT SCHEME
(49) AWNING MAINTENANCE
(50) UNDER AWNING LIGHTING
(51) EXTERNAL LIGHTING
A separate development application is required to be lodged and approved prior to any external floodlighting or illumination of the building.
(52) REFLECTIVITY
(53) TREATMENT OF PROPOSED EXTERNAL WALLS
Details of the treatment of the walls on the southern boundary must be submitted to and approved by Council prior to the Construction Certificate being issued. Any work is required to be completed prior to the Occupation Certificate being issued or the commencement of the use, whichever is earlier.
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SCHEDULE 1B
Prior to Construction Certification/Commencement of Work/Health and Building
Note: Prior to the issue of the Construction Certificate, sufficient information must be forwarded to the certifying authority (whether Council or a private accredited certifier) illustrating compliance with the relevant requirements of the Building Code of Australia (and a copy forwarded to Council where Council is not the certifying authority). If Council is to be the certifying authority, please contact the Building Unit to discuss the requirements prior to submission of the application for construction certificate.
(54) NO DEMOLITION PRIOR TO A CONSTRUCTION CERTIFICATE
(55) CERTIFICATION OF SITE DECONTAMINATION
Prior to the issue of a Construction Certificate, a satisfactory site remediation certificate signed by the accredited remediation Site Auditor, is to be submitted to the Principal Certifying Authority, and a copy provided to Council.
(56) STRATA SUBDIVISION – APPROVAL OF STRATA PLAN REQUIRED
Any proposal to strata subdivide the building will require a separate application to be made to Council or an accredited certifier to obtain approval of the strata plan under section 37 of the Strata Schemes (Freehold Development) Act 1973.
(57) ELECTRICITY SUBSTATION
If required by the applicable energy supplier, the owner must dedicate to the applicable energy supplier, free of cost, an area of land within the development site, to enable an electricity substation to be installed. The size and location of the substation is to be submitted for approval of Council and Energy Australia, prior to a Construction Certificate being issued.
(58) UTILITY SERVICES
(59) TREE PROTECTION
(a) The existing trees detailed in Table 1 are not approved to be removed and must be retained and protected throughout the proposed development:
Table 1
Tree No: Botanical Name Dimension Setback (metres) Required 1 Plane Tree (Platanus x hybrida) 11 x 12 4 metres 2 Plane Tree (Platanus x hybrida) 16 x 14 4 metres
(b) The awning must provide a setback achieving a minimum two (2) metres clearance from the tree trunk and main branches of Trees 1 & 2. The height of the awning may need to be reviewed so that is does not adversely affect the form and habit of the tree.
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(c) An Arboricultural Impact Assessment Report of the two Council street trees must be prepared by a qualified Arborist with a minimum Australian Qualification Framework (AQF) of Level 5 in Arboriculture must be provided to Council, detailing the following:
(i) Exploratory root investigations of the two trees must be provided to determine the exact location of existing tree roots within the development site:
a. This shall consist of an ‘air knife’, gently removing the soil to expose the existing tree roots where construction is likely to impact on the tree/s or require root pruning to achieve the proposed development design.
b. The report must include an assessment of size, number and condition of any tree roots identified during investigations.
(ii) Details of any pruning required for construction and development. This must include number of branches and orientation, branch diameter, percentage of live canopy to be removed. This information must also be detailed on either a diagram or photograph of the tree. The recommended pruning must be in accordance with AS4373 Pruning of Amenity Trees.
(iii) Photographic evidence must be included in the report in relation to tree pruning and root investigation.
(iv) Include recommendation on any methods required to minimise impacts on trees to be retained during construction and development.
(v) Recommendations of any design modifications, construction techniques and/or other protection methods required to minimise adverse impact on trees that should be retained during the demolition & construction works, and into the long term.
(vi) Any other works that must be prohibited throughout construction and development on site.
(60) PHYSICAL MODELS
(a) Prior to a Construction Certificate being issued, an accurate 1:500 scale model of the approved development must be submitted to Council for the City Model in Town Hall House.
Note:
(i) The models must be constructed in accordance with the Model Specifications available online at www.cityofsydney.nsw.gov.au/Development/DevelopmentApplica tionGuide/PreparingandLodgingaDA.asp. Council’s model maker must be consulted prior to construction of the model for Town Hall House. The Manager of Customs House must be consulted prior to the construction of the model for City Exhibition Space.
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(ii) The models are to comply with all of the conditions of the Development Consent.
(iii) The models must be amended to reflect any further modifications to the approval (under section 96 of the Environmental Planning and Assessment Act) that affect the external appearance of the building.
(61) SUBMISSION OF ELECTRONIC MODELS PRIOR TO CONSTRUCTION CERTIFICATE AND PRIOR TO OCCUPATION CERTIFICATE
(62) WASTE AND RECYCLING MANAGEMENT - RESIDENTIAL
(a) A Waste Management Plan is to be submitted to and approved by Council prior to a Construction Certificate being issued. The plan must comply with the Council's Policy for Waste Minimisation in New Developments 2005. All requirements of the approved Waste Management Plan must be implemented during construction of the development.
(b) The building must incorporate designated areas or separate garbage rooms constructed in accordance with Council’s Policy for Waste Minimisation in New Developments 2005, to facilitate the separation of commercial waste and recycling from residential waste and recycling.
UPON COMPLETION OF THE DEVELOPMENT
(c) Prior to an Occupation Certificate being issued or the use commencing, whichever is earlier, the Principal Certifying Authority must obtain Council’s approval of the waste and recycling management facilities provided in the development and ensure arrangements are in place for domestic waste collection by Council.
(63) CONSTRUCTION TRAFFIC MANAGEMENT PLAN
A Construction Traffic Management Plan must be submitted to and approved by Council prior to a Construction Certificate being issued.
(64) NOISE MANAGEMENT – DEMOLITION, EXCAVATION AND CONSTRUCTION
A site specific noise management plan must be submitted to the Council for approval and comment prior to any works commencing on site and complied with during any construction works. The plan must be prepared by a suitably qualified person who possesses the qualifications to render them eligible for membership of the Australian Acoustic Society, Institution of Engineers Australia or the Australian Association of Acoustic Consultants. The plan must include but not be limited to the following:-
(a) Confirmation of the level of community consultation that has, is and will be undertaken with Building Managers/occupiers of the main adjoining noise sensitive properties likely to be most affected by site works and the operation of plant/machinery particularly during the demolition and excavation phases.
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(b) Confirmation of noise, vibration and dust monitoring methodology that is to be undertaken during the main stages of work at neighbouring noise sensitive properties in order to keep complaints to a minimum and to ensure that noise from site works complies with the noise criteria contained within City's Construction Noise Code.
(c) What course of action will be undertaken following receipt of a complaint concerning site noise, dust and vibration.
(d) Details of any noise mitigation measures that have been outlined by an acoustic engineer or otherwise that will be deployed on site to reduce noise impacts on the occupiers of neighbouring property to a minimum.
(e) What plant and equipment is to be used on site, the level of sound mitigation measures to be undertaken in each case and the criteria adopted in their selection taking into account the likely noise impacts on the occupiers of neighbouring property and other less intrusive technologies available.
(65) DILAPIDATION REPORT – MAJOR EXCAVATION/DEMOLITION
(a) Subject to the receipt of permission of the affected landowner, dilapidation report(s), including a photographic survey of 4-16 Dowling Street, Woolloomooloo, and 67 Cowper Wharf Roadway (“Admiralty Gardens”), Woolloomooloo, are to be prepared by an appropriately qualified structural engineer prior to commencement of demolition/excavation works. A copy of the dilapidation report(s) together with the accompanying photographs must be given to the above property owners, and a copy lodged with the Certifying Authority and the Council prior to the issue of a Construction Certificate.
UPON COMPLETION OF EXCAVATION/DEMOLITION
(b) A second Dilapidation Report(s), including a photographic survey must then be submitted at least one month after the completion of demolition/excavation works. A copy of the second dilapidation report(s), together with the accompanying photographs must be given to the above property owners, and a copy lodged with the Principal Certifying Authority and the Council prior to the issue of an Occupation Certificate.
Any damage to buildings, structures, lawns, trees, sheds, gardens and the like must be fully rectified by the applicant or owner, at no cost to the affected property owner.
Note: Prior to the commencement of the building surveys, the applicant/owner must advise (in writing) all property owners of buildings to be surveyed of what the survey will entail and of the process for making a claim regarding property damage. A copy of this information must be submitted to Council.
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(66) CERTIFICATION OF GEOTECHNICAL INSPECTION
(a) Prior to commencement of any foundation or bulk excavation, a Geotechnical Report must be submitted to the satisfaction of the Principal Certifying Authority (Council or an accredited certifier) and a copy submitted to Council (if it is not the Principal Certifying Authority).
(b) Prior to the issuing of a Construction Certificate, a Geotechnical inspection report/certificate confirming that the development site is suitable for the proposed development must be provided to Council (if Council is the certifying authority). The certificate must be in accordance with Clause A2.2(a)(iii) of the Building Code of Australia and be prepared by an appropriately qualified person.
(67) COMPLIANCE WITH BUILDING CODE OF AUSTRALIA
(68) STRUCTURAL CERTIFICATION FOR DESIGN - BCA (ALL BUILDING CLASSES)
(a) Prior to the issue of a Construction Certificate, structural details and a Structural Certificate for Design by a qualified practising structural engineer and in accordance with Clause A2.2(a)(iii) of the Building Code of Australia (applicable to class 2-9 building) and Clause 1.2.2(iii) of Volume 2 of the BCA (applicable to Class 1 and 10 buildings) must be submitted to the satisfaction of the Certifying Authority (Council or a private accredited certifier). A copy of the certificate must be submitted to Council if Council is not the Certifying Authority.
(b) Full structural details of the proposed installation of the “car stacking” device/structure are to form part of the required design structural certification documentation.
(69) INTERNAL LIGHTING SYSTEM
The proposed internal lighting system for the common areas of the building must be designed to provide for the efficient use of energy including the use of energy efficient light fittings, zoned lighting and controls and sensors to ensure automatic switch off during non-working hours. Details of the internal lighting system must be submitted to and approved by the Certifying Authority prior to a Construction Certificate being issued.
(70) INSTALLATION OF WATER EFFICIENT TAPS
(71) INSTALLATION OF DUAL-FLUSH TOILETS
(72) INSTALLATION OF WATER EFFICIENT URINALS
(73) MECHANICAL VENTILATION
(74) CAR PARK VENTILATION
(75) MICROBIAL CONTROL
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(76) GREASE TRAP FOR POTENTIAL FOOD PREMISES
A grease trap (if required by Sydney Water) must not be installed in any kitchen, food preparation or food storage area. The grease trap room must have a piped connection to the boundary so that it can be emptied. Note: Sydney Water Authority also have requirements for grease arrestors that need to be complied with.
(77) ALIGNMENT LEVELS
(78) PUBLIC DOMAIN PLAN
Three copies of a detailed Public Domain Plan must be prepared by an architect, urban designer or landscape architect and must be lodged with Council’s Public Domain Section and approved by Council prior to a Construction Certificate being issued for any new building work (including internal refurbishments) excluding approved preparatory, demolition or shoring work.
The Public Domain Plan must be prepared in accordance with the City of Sydney’s Public Domain Manual. The works to the public domain are to be completed in accordance with the approved plan and the Public Domain Manual before any Occupation Certificate is issued in respect of the development or before the use commences, whichever is earlier.
Note: A Public Domain Works Guarantee deposit will be required for the public domain works, in accordance with the City of Sydney’s adopted fees and charges and the Public Domain Manual. The Public Domain Works Guarantee must be submitted as an unconditional bank guarantee in favour of Council as security for completion of the obligations under this consent.
Council's Public Domain section must be contacted to determine the guarantee amount prior to lodgement of the guarantee. The guarantee must be lodged with Council prior to a Road Opening Permit for works on the public way being issued.
(79) PUBLIC DOMAIN WORKS – HOLD POINTS AND HANDOVER
(a) Prior to a Construction Certificate being issued for a new building work, excluding approved preparatory, demolition and shoring work, a set of hold points for approved public domain and civil construction work is to be determined with and approved by the City’s Public Domain section in accordance with the City’s Public Domain Manual.
(b) Completion and handover of the constructed public domain works is to be undertaken in accordance with the City’s Public Domain Manual, including requirements for as-built (Works-as-Executed) documentation, certification and defects liability period.
(80) STORMWATER AND DRAINAGE
The drainage system is to be constructed in accordance with Council's standard requirements as detailed in Council's 'Stormwater Drainage Connection Information' document dated July 2006. This information is available on Council's website - www.cityofsydney.nsw.gov.au.
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(81) ALIGNMENT LEVELS
(a) Prior to a Construction Certificate being issued, footpath alignment levels for the building must be submitted to Council for approval. This submission must be accompanied by a plan prepared by a Registered Surveyor showing the existing location, size and levels (AHD) of all service covers, trees, poles and street furniture, kerb, gutter and alignment levels of 10m cross sections, alignment levels at proposed and existing vehicular and/or pedestrian entrances within the footway adjacent to and extending 20 metres past either side of the site.
(b) These alignment levels, as approved by Council, are then to be incorporated into the plans submitted with the application for a Construction Certificate, excluding a Construction Certificate for approved preparatory, demolition or shoring work.
(82) FOOTPATH DAMAGE BANK GUARANTEE
A Footpath Damage Bank Guarantee calculated on the basis of an area of 200 sqm of asphalt site frontage must be lodged with Council in accordance with the City of Sydney’s adopted Schedule of Fees and Charges. The Footpath Damage Bank Guarantee must be submitted as an unconditional bank guarantee in favour of Council as security for repairing any damage to the public domain in the vicinity of the site.The guarantee must be lodged with Council prior to issue of a Construction Certificate.
(83) TEMPORARY GROUND ANCHORS, TEMPORARY SHORING AND PERMANENT BASEMENT/RETAINING WALLS AFFECTING THE ROAD RESERVE
(84) ROAD OPENING PERMIT
(85) EROSION AND SEDIMENT CONTROL - BETWEEN 250 AND 2,500SQM
Prior to the commencement of demolition/excavation/construction work, an Erosion and Sediment Control Plan (ESCP) must be submitted to and be approved by the Principal Certifying Authority. The ESCP must:
(a) Conform to the specifications and standards contained in Managing Urban Stormwater: Soils and Construction (Landcom, 2004); the Guidelines for Erosion and Sediment Control on Building Sites (City of Sydney, 2004); and the NSW Protection of the Environment Operations Act 1997.
(b) Include a drawing(s) that clearly shows:
(i) location of site boundaries and adjoining roads
(ii) approximate grades and indications of direction(s) of fall
(iii) approximate location of trees and other vegetation, showing items for removal or retention
(iv) location of site access, proposed roads and other impervious areas
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(v) existing and proposed drainage patterns with stormwater discharge points
(vi) north point and scale
(c) Specify how soil conservation measures will be conducted on site including:
(i) timing of works
(ii) locations of lands where a protective ground cover will, as far as is practicable, be maintained
(iii) access protection measures
(iv) nature and extent of earthworks, including the amount of any cut and fill
(v) where applicable, the diversion of runoff from upslope lands around the disturbed areas
(vi) location of all soil and other material stockpiles including topsoil storage, protection and reuse methodology
(vii) procedures by which stormwater is to be collected and treated prior to discharge including details of any proposed pollution control device(s)
(viii) frequency and nature of any maintenance program
(ix) other site-specific soil or water conservation structures.
(86) ASBESTOS REMOVAL
(87) ASBESTOS REMOVAL SIGNAGE
(88) DISPOSAL OF ASBESTOS
(89) NOTIFICATION OF ASBESTOS REMOVAL
(90) PROHIBITION OF ASBESTOS RE-USE
(91) SIGNAGE LOCATION AND DETAILS
(92) CLASSIFICATION OF WASTE
(93) SKIPS AND BINS
(94) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE
(95) ROAD OPENING PERMIT
(96) BARRICADE PERMIT
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SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(97) OCCUPATION CERTIFICATE TO BE SUBMITTED
(98) HOURS OF WORK AND NOISE – OUTSIDE CBD
(99) NOTIFICATION OF EXCAVATION WORKS
The Principal Certifying Authority and Council must be given a minimum of 48 hours notice that excavation, shoring or underpinning works are about to commence.
(100) SITE NOTICE OF PROJECTS DETAILS AND APPROVALS
(101) ACOUSTIC ASSESSMENT PRIOR TO OCCUPATION CERTIFICATE
A statement prepared by a suitably qualified person certifying that the proposed development and use is capable of complying with relevant acoustic design criteria, is to be submitted to the Certifying Authority prior to the issue of an Occupation Certificate.
(102) BASIX
(103) ENCROACHMENTS – NEIGHBOURING PROPERTIES
(104) SURVEY
(105) SURVEY CERTIFICATE AT COMPLETION
(106) SYDNEY WATER CERTIFICATE
(107) EROSION AND SEDIMENT CONTROL
(108) PROTECTION OF STREET TREES DURING CONSTRUCTION
(109) ACCESS DRIVEWAYS TO BE CONSTRUCTED
(110) LOADING AND UNLOADING DURING CONSTRUCTION
The following requirements apply:
(a) All loading and unloading associated with construction activity must be accommodated on site.
(b) If, during excavation, it is not feasible for loading and unloading to take place on site, a Works Zone on the street may be considered by Council.
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(c) A Works Zone may be required if loading and unloading is not possible on site. If a Works Zone is warranted an application must be made to Council at least 8 weeks prior to commencement of work on the site. An approval for a Works Zone may be given for a specific period and certain hours of the days to meet the particular need for the site for such facilities at various stages of construction. The approval will be reviewed periodically for any adjustment necessitated by the progress of the construction activities.
(d) 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.
(e) The structural design of the building must allow the basement and/or the ground floor to be used as a loading and unloading area for the construction of the remainder of the development.
(111) COVERING OF LOADS
(112) VEHICLE CLEANSING
(113) NO OBSTRUCTION OF PUBLIC WAY
(114) USE OF MOBILE CRANES
(115) USE OF APPLIANCE OF A HIGHLY INTRUSIVE NATURE
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 section 96 Development Application must be submitted to the Council for the use of any equipment 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”.
(116) STREET NUMBERING – MAJOR DEVELOPMENT
SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000 apply to the development.
Carried unanimously.
Speakers
Mr John Ayling, Mr David Thomas and Ms Kathy Trelease addressed the meeting of the Planning Development and Transport Committee (Major Development Assessment Sub- Committee) on Item 9.9.
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ITEM 9.10
DEVELOPMENT APPLICATION: 8 MISSENDEN ROAD CAMPERDOWN - SANCTA SOPHIA COLLEGE (D2011/445)
It is resolved that:
(A) pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, a deferred commencement consent is granted subject to the following:
(1) A Site Audit Statement prepared by a NSW EPA accredited auditor to be submitted to Council certifying that the site is suitable for the intended use
OR
A letter of Interim Advice from an accredited NSW EPA Site Auditor advising the site is suitable for the proposed use or capable of being made suitable for the proposed use following remediation.
Note: Where the site audit statement is subject to conditions that require ongoing review by the Auditor or Council these should be formally discussed with Council prior to the issuing of the Site Audit Statement;
(B) evidence that will sufficiently enable Council to be satisfied as to those matters identified in the deferred commencement condition, as indicated above, must be submitted to Council within 12 months of the date of determination of this deferred commencement consent;
(C) the consent will not operate until such time that Council notifies the applicant in writing that the deferred commencement condition as indicated above, has been satisfied. Failure to provide for satisfaction of clauses (A) and (B) above within 12 months of the date of resolution for approval, unless an application to extend is made in writing to and approved by the Director City Planning and Regulatory Services prior to lapsing, will cause this deferred approval to lapse; and
(D) upon Council giving written notification to the applicant that the deferred commencement condition has been satisfied, the consent will become operative from the date of that written notification, subject to the following conditions of consent and any other additional conditions reasonably arising from consideration of the deferred commencement consent condition:
SCHEDULE 1A
Approved Development/Design Modifications/Covenants and Contributions/Use and Operation
Note: Some conditions in Schedule 1A 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.
(1) APPROVED DEVELOPMENT
(a) Development must be in accordance with Development Application No. D/2011/445 dated 1 April 2011 and the following drawings prepared by Nettleton Tribe Architects:
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Drawing Number Drawing Name Date 3786_DA000 Cover Sheet 23 March 2011 3786_DA001 ‘B’ Location Plan 23 March 2011 3786_DA002 ‘B’ Site Analysis Plan 23 March 2011 3786_DA004 ‘B’ Demolition Plan 23 March 2011 3786_DA011 ‘F’ Proposed Floor Plan – Ground 23 March 2011 Level 1 3786_DA012 ‘G’ Proposed Floor Plan – Level 1 23 March 2011 3786_DA013 ‘E’ Proposed Floor Plan – Level 2 23 March 2011 3786_DA014 ‘E’ Proposed Floor Plan – Level 3 23 March 2011 3786_DA015 ‘E’ Proposed Floor Plan – Level 4 23 March 2011 3786_DA016 ‘D’ Proposed Floor Plan – Roof 23 March 2011 3786_DA021 ‘B’ Proposed Elevation – East and 23 March 2011 West 3786_DA022 ‘B’ Proposed Elevation – North 23 March 2011 and South 3786_DA031 ‘A’ Proposed Sections – Section 23 March 2011 AA & BB 3786_DA050 ‘B’ Proposed Elevation – 23 March 2011 Materials 3786_SK104 ‘B’ Typical Unit Module 17 March 2011 3786_SK105 ‘B’ Accessible Unit Module 17 March 2011
and as amended by the conditions of this consent:
(b) In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.
(2) BUILDING HEIGHT
(a) The height of the building must not exceed RL 41.3 (AHD) to the top of the lift overrun and RL 40.3 (AHD) to the parapet of the building.
(b) Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification that the height of the building accords with (a) above, to the satisfaction of the Principal Certifying Authority.
(3) DESIGN MODIFICATIONS
The design of the building facade must be modified to delete the expressed concrete slab edges and extend the brickwork from the level below to form a band similar to the soldier coursework of the building parapet.
The modifications are to be submitted to and approved by the Director City Planning and Regulatory Services prior to a Construction Certificate being issued.
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(4) DESIGN DETAILS (MANSARD ROOF)
Full details of the mansard roof treatment (materials, colour and finishes) are to be submitted to and approved by the Director City Planning and Regulatory Services prior to a Construction Certificate being issued.
(5) DESIGN DETAILS (MAJOR DEVELOPMENT)
The design details of the proposed building facade including all external finishes, colours and glazing must be in accordance with the materials schedule and sample board, and specifications prepared by Nettleton Tribe Architects dated 23 March 2011 and numbered 3786_DA050 ‘B’.
(6) RESTRICTION ON STUDENT HOUSING
(a) The following restriction applies to buildings approved for student residential accommodation:
(i) The accommodation portion of the building may only be used for residential accommodation for students associated with Sancta Sophia College as hereinafter defined and not otherwise as residential accommodation, or as serviced apartments, private hotel, boarding house, tourist or backpackers’ accommodation or the like.
(ii) An owner, Owners Corporation, tenant or licensee of the premises or any part thereof shall not advertise or permit advertisement of any accommodation in the building over which they have control other than for student residential accommodation.
(iii) Any tenant or licensee of any part of the residential accommodation must produce to the owner or licensor or landlord prior to taking occupation evidence of identity and of enrolment in a tertiary educational facility in Australia.
(iv) Any tenant or licensee of any part of the residential accommodation must produce to Council upon request at any time written evidence of identity and of enrolment in such tertiary educational facility.
(v) Upon ceasing to be enrolled to attend a full time tertiary educational course with a tertiary institution in Australia, the now former student shall vacate the residential accommodation within 4 weeks of the expiration of their tertiary course.
(b) Prior to the issuance of an occupation certificate, a restrictive covenant is to be registered on the title of the premises in the above terms to the satisfaction of Council. The Applicant shall pay Council all costs for the preparation and registration of the restrictive covenant.
(7) ACCOMMODATION - REGISTRATION AND CARETAKER
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(8) STUDENT ACCOMMODATION/BOARDING HOUSE - USE AND OPERATION
The use and operation of the premises must comply with the requirements of Schedule 2 (Standards for Places of Shared Accommodation) of the Local Government (General) Regulation, 2005 under the Local Government Act 1993, the Public Health Act, 1991 and regulations thereunder and Council’s Boarding House Development Control Plan 2004.
The student accommodation must be managed in accordance with the Sancta Sophia College Plan of Management.
(9) NO SPEAKERS OR MUSIC OUTSIDE
(10) HEALTH DATABASE REGISTRATION
(11) NOISE MANAGEMENT PLAN – STUDENT ACCOMMODATION
(12) COMPLIANCE WITH ACID SULFATE SOILS MANAGEMENT PLAN
(a) All recommendations contained within the Acid Sulfate Soils Management Plan submitted by Aargus Environmental and dated 27th May 2011, must be implemented prior to above ground works commencing.
(b) A statement from a suitably qualified and accredited environmental consultant must be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate stating that the Acid Sulphate Soils Management Plan by Aargus Environmental and dated 27th May 2011 has been implemented in accordance with ‘Acid Sulfate Soils Assessment Guidelines’ (ASSMAC August 1998).
(13) EXTERNAL LIGHTING
(14) REFLECTIVITY
(15) DEWATERING
If any dewatering on the site is to be undertaken, a bore licence may be required from the NSW Office of Water (NOW) under the provisions of Part V of the Water Act 1912. The NOW licences dewatering to allow excavation for construction for a temporary period, usually 12 months.
The applicant is required to confirm to Council that no dewatering is required or that a Licence has been applied for and approved by the NOW before the commencement of any works on site.
(16) SUBDIVISION
Approval is not granted for strata subdivision of the new building.
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(17) COMPLIANCE WITH ACCESS REPORT
All recommendations contained in the Access Review report prepared by Morris-Goding, dated 23 March 2011, must be implemented during construction and use of the premises. Prior to the issue of a construction certificate, amended plans demonstrating compliance with the recommendations are to be approved by the principal certifying authority.
(18) COMPLIANCE WITH ACOUSTIC REPORT
(a) All recommendations contained in the Noise Impact Assessment prepared by Acoustic Logic dated 29 March 2011 and referenced 20110315JZa R1, must be implemented during construction and use of the premises.
(b) The Principal Certifying Authority (PCA) shall obtain a statement from appropriately qualified acoustic consultant who possesses the qualifications to render them eligible for membership of the Australian Acoustic Society, Institution of Engineers Australia or the Australian Association of Acoustic Consultants, certifying that the acoustic mitigation measures outlined in the above stated report have been suitably incorporated into the development.
The consultant must also conduct internal acoustic monitoring and provide a verification report confirming that relevant internal noise amenity criteria have been satisfied prior to issue of Occupational Certificate.
(19) NOISE - MECHANICAL PLANT AND EQUIPMENT
(20) ASSOCIATED ROADWAY COSTS
(21) BICYCLE PARKING
(a) A minimum of 56 bicycle spaces are to be provided.
(b) The layout, design and security of bicycle facilities either on-street or off-street must comply with the minimum requirements of Australian Standard AS 2890.3 – 1993 Parking Facilities Part 3: Bicycle Parking Facilities except that:
(i) all bicycle parking for occupants of residential buildings must be Class 1 bicycle lockers, and
(ii) all bicycle parking for staff / employees of any land uses must be Class 2 bicycle facilities, and
(iii) all bicycle parking for visitors of any land uses must be Class 3 bicycle rails.
(22) COST OF SIGNPOSTING
(23) LOADING WITHIN SITE
(24) TRAFFIC WORKS
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(25) PROHIBITION ON PARTICIPATION IN RESIDENT PARKING PERMIT SCHEME APPLICATION OF CITY OF SYDNEY PERMIT PARKING POLICY - INELIGIBILITY FOR RESIDENT PARKING PERMITS
(26) SIGNAGE TO INDICATE NON PARTICIPATION IN RESIDENT PARKING PERMIT SCHEME
(27) WASTE AND RECYCLING COLLECTION
(28) RAINWATER HARVESTING
(29) SIGNS - SEPARATE DA REQUIRED
(30) REMOVAL OF GRAFFITI
(31) CARE OF BUILDING SURROUNDS
SCHEDULE 1B
Prior to Construction Certification/Commencement of Work/Health and Building
Note: Prior to the issue of the Construction Certificate, sufficient information must be forwarded to the certifying authority (whether Council or a private accredited certifier) illustrating compliance with the relevant requirements of the Building Code of Australia (and a copy forwarded to Council where Council is not the certifying authority). If Council is to be the certifying authority, please contact the Building Unit to discuss the requirements prior to submission of the application for construction certificate.
(32) NO DEMOLITION PRIOR TO A CONSTRUCTION CERTIFICATE
(33) CONTAMINATION
(a) The exportation of waste (including fill or soil) from the site must be in accordance with the provisions of the Protection of the Environment Operations Act 1997 and the Department of Environment and Conservation’s (DEC) Environmental Guidelines Assessment, Classification and Management of Non-Liquid Wastes.
(b) If during any site works (including excavation, demolition and/or construction), odours and/or evidence of contamination not previously detected are encountered, or any other significant unexpected occurrence, site works should cease and an environmental consultant should be notified immediately to set up a response, in consultation with an Accredited Site Auditor, to that occurrence.
(34) ARCHAEOLOGICAL INVESTIGATION
(35) CONSTRUCTION TRAFFIC MANAGEMENT PLAN
(36) NOISE MANAGEMENT PLAN - DEMOLITION, EXCAVATION AND CONSTRUCTION
(37) ACCESS AND FACILITIES FOR PERSONS WITH DISABILITIES
(38) ADAPTABLE HOUSING
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(39) BASIX CERTIFICATE - DETAILS TO BE LODGED WITH A CC
A copy of the required BASIX certificate with respect to the proposed residential building works must be lodged with an application for a construction certificate and the items nominated as part of the subject BASIX certificate must be specified on the plans submitted with the construction certificate application.
(40) BCA - NEW BUILDINGS WORKS - CLASS 2-9 BUILDINGS
(41) CERTIFICATION OF GEOTECHNICAL INSPECTION
(42) STRUCTURAL CERTIFICATION FOR DESIGN - BCA (ALL BUILDING CLASSES)
(43) FIRE SAFETY CERTIFICATE TO BE SUBMITTED
(44) ANNUAL FIRE SAFETY STATEMENT FORM
(45) MECHANICAL VENTILATION
(46) WASTE AND RECYCLING COLLECTION CONTRACT
(47) WASTE AND RECYCLING MANAGEMENT - RESIDENTIAL
(48) ELECTRICITY SUBSTATION
(49) PUBLIC DOMAIN PLAN
(50) PUBLIC DOMAIN WORKS – HOLD POINTS AND HANDOVER
(51) ALIGNMENT LEVELS
(52) STORMWATER AND DRAINAGE - MAJOR DEVELOPMENT
(53) PAVING MATERIALS
(54) TACTILE AND HAND RAILINGS
Any Tactile and hand railings required for the proposed steps are to be located within the property. That is, the steps are to be designed in such a manner that the tactile and hand railing do not encroach onto the Council’s footpath area.
(55) TREES TO BE REMOVED
Approval is granted for the removal of the following trees during demolition works:
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Tree No: Botanical Name Dimension Health / (metres) Condition 1,5 Schinus areira 14 x 14 Poor 3,4 Cinnamomum camphora 15 x 14 Fair 6 Phoenix reclinata 4 x 3 Good 7 Melia azedarach 5 x 3 Good 8 Pittosporum undulatum 5 x 5 Fair 12,13,14 Jacaranda mimosifolia 15 x 14 Fair 15,17,18 Prunus persica 7 x 10 Good 16 Camellia japonica 4 x 4 Good 19 Fraxinus ‘Raywood’ 17 x 15 Fair 20,21,22,23 Callitris rhomboidea 4 x 4 Good 33 Laurus nobilis 6 x 3 Fair 34 Olea europaea subsp. 8 x 8 Poor ‘Africana’ 36,38 Jacaranda mimosifolia 14 x 12 Fair
Note: Reference should be made to the tree numbering contained in the “Summary table” of section 2 and “Diagram 1 - Tree Location Plan”, contained in the Arboricutural Impact Assessment Report dated June 2011 prepared by Garry Clubley in conjunction with Australian Tree Consultants.
(56) TREES TO BE RETAINED
(a) Approval is NOT granted for the removal of the following trees, which Council has determined to be prominent landscape elements and are to be retained and protected throughout the proposed development.
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Tree Botanical Name Dimension Setback Required No: (metres) (metres) 2 Ficus macrophylla 15 x 16 10.8 9 Corymbia citriodora 20 x 18 7.8 10 Ficus obliqua 16 x 20 10.8 11 Ficus obliqua 16 x 20 14.4 37 Grevillea robusta 20 x 12 7.8 39 Brachychiton acerifolius 10 x 8 4.8 40 Jacaranda mimosifolia 12 x 10 3.0 41 Cedrus deodar 18 x 12 6.6 42 Brachychiton acerifolius 9 x 12 3.0 43 Cinnamomum camphora 5 x 2 2.0 44 Cinnamomum camphora 19 x 16 10.2 Trees located on site 45 Jacaranda mimosifolia 9 x 9 3.0 46 Platanus x hybrida 20 x 16 12.0 47,48 Acer negundo 15 x 13 4.8 49 Brachychiton acerifolius 9 x 7 4.2 50 Fraxinus ‘Raywood’ 20 x 16 6.0 51 Jacaranda mimosifolia 17 x 14 5.4 52 Acer negundo 10 x 10 4.2
Tree Botanical Name Dimension Setback No: (metres) Required (metres) 24 Acacia parramattensis 15 x 10 5.4 25 Casuarina 18 x 8 4.8 cunninghamiana 26 Acacia parramattensis 10 x 8 3.0 27 Corymbia maculata 20 x 14 6.6 28 Eucalyptus cinerea 6 x 4 3.6 29,31 Celtis sinensis 16 x 18 9.6 30 Celtis sinensis 16 x 18 4.2 32 Sapium sebiferum 4 x 3 2.0 35 Celtis sinensis 15 x 18 11.4
Trees located on adjacent properties 53 Cinnamomum camphora 20 x 15 12.0 54 Magnolia grandiflora 10 x 10 5.4 55,56 Jacaranda mimosifolia 14 x 10 4.2
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(b) All plans are to be amended to also include the retention of Trees numbered 2, 35 and 37, and associated construction methodology must be reviewed to ensure the trees retention, taking into consideration the recommendations from the Tree Protection Plan.
Note: Reference should be made to the tree numbering contained in the “Summary table” of section 2 and “Diagram 1 - Tree Location Plan”, contained in the Arboricultural Impact Assessment Report dated June 2011 prepared by Garry Clubley in conjunction with Australian Tree Consultants.
(57) TREE PROTECTION PLAN
(a) A Tree Protection Plan must be submitted to Council and approved by the Tree Management Unit prior to the issuing of the Construction Certificate. The report must be:
(i) Prepared by a qualified Arborist with a minimum Australian Qualification Framework (AQF) of Level 5 in Arboriculture,
(ii) Written in accordance with the Australian Standard AS 4970- 2009 Protection of Trees on Development Sites (AS4970), and
(iii) Address the information and recommendations detailed within the Arboricultural Impact Assessment prepared by Garry Clubley, dated June 2011.
(b) The Plan must provide the following details:
(i) A detailed list of trees approved for removal and retention.
(ii) Tree numbers provided on a site plan.
(iii) If excavation is proposed within the setback zones, as listed in Table 2, exploratory root investigation will be required to determine the exact location of existing roots. This shall consist of an ‘air knife’, gently removing the soil to expose the existing tree roots where construction is likely to impact on the tree or require root pruning to achieve the proposed development design. An assessment of tree root size, number and condition must be provided (including photos). No roots over 30mm will be permitted for removal.
(iv) Provide specific tree protection measures to address the potential impacts, addressing:
a. Tree Protection Zone measurements and setback distances for each tree (based on AS4970)
b. Details of the protective fencing to be installed (location/ materials/duration).
c. Details on the trunk and canopy protection (method/ materials/duration).
d. Details of root protection during works within Tree Protection Zone, and
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e. Details of restricted activities within the Tree Protection Zone (specific to this site).
(v) Prepare a plan/drawing showing a visual representation of the location of existing trees and the position of all recommended tree protection devices.
(vi) Prepare a tree pruning specification for approval prior to any pruning being permitted. All pruning must be in accordance with the Australian Standard AS 4373-2007 Pruning of Amenity Trees and include the following:
a. Branch locations and diameter size
b. Marked up digital photos specifying the recommended tree pruning works.
c. Please note, when scaffolding or hoarding is required it should be erected outside the Tree Protection Zone. Where it is essential to be erected in the Tree Protection Zone, branch removal should be minimised and therefore designing scaffolding to avoid branches or tying back branches is required.
(vii) Detail the site arborist involvement and hold points as detailed in Section 5 of AS4970.
(viii) All approved tree protection measures shall be carried out during the course of development.
(58) LANDSCAPING OF THE SITE
(59) ADVANCE TREE PLANTING
Tree planting within the property must be undertaken in accordance with the following, and to Council's satisfaction, prior to the issuing of the Occupation Certificate.
(a) The trees must be grown to NATSPEC Guidelines for Specifying Trees to ensure quality trees and more successful establishment.
(b) The tree must be planted by a qualified Horticulturalist or Arborist of Level 2 under the Australian Qualifications Framework (AQF).
(c) Special consideration should be given to soil depth and quality for tree planting. The City considers the following as minimum soil volume requirements for successful long-term tree establishment:
(i) Large Trees (canopy diameter of up to 16 metres at maturity) require a minimum soil volume of 150 cubic metres, minimum soil depth of 1.5 metres and minimum soil area 10 metres x 10 metres.
(ii) Medium Trees (canopy diameter of up to 8 metres at maturity) require a minimum soil volume of 35 cubic metres, minimum soil depth of 1.2 metre and minimum soil area 6 metres x 6 metres.
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(iii) Small Trees (canopy diameter of up to 4 metres at maturity) require a minimum soil volume of 9 cubic metres, minimum soil depth of 1.2 metre and minimum soil area 4 metres x 4 metres.
(d) The replacement planting/s must be planted in such a manner as to promote good health during the establishment period, and must be maintained, as far as practicable to ensure tree growth into maturity.
(e) Any newly planted tree that fails to establish within 12 months of the initial planting date must be replaced with a tree of comparable qualities.
(60) FOOTPATH DAMAGE BANK GUARANTEE
(61) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE
(62) BARRICADE PERMIT
SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(63) OCCUPATION CERTIFICATE TO BE SUBMITTED
(64) GREEN TRAVEL PLAN
A Green Travel Plan must be submitted to and approved by the Director City Planning and Regulatory Services prior to the issuing of an Occupation Certificate for the site/use.
Note: It is recommended that prior to submission contact be made with a member of the Strategic Transport Unit to discuss the Green Travel Plan.
(65) BASIX
(66) HOURS OF WORK AND NOISE – OUTSIDE CBD
(67) ACCESS DRIVEWAYS TO BE CONSTRUCTED
(68) LOADING AND UNLOADING DURING CONSTRUCTION
(69) NO OBSTRUCTION OF PUBLIC WAY
(70) COVERING OF LOADS
(71) VEHICLE CLEANSING
(72) EROSION AND SEDIMENT CONTROL
(73) PROTECTION OF STREET TREES DURING CONSTRUCTION
(74) USE OF MOBILE CRANES
(75) SYDNEY WATER CERTIFICATE
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(76) SURVEY CERTIFICATE AT COMPLETION
SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000 apply to the development.
Carried unanimously.
ITEM 9.11
DEVELOPMENT APPLICATION: 85-87 BOURKE STREET AND 13-15 GRIFFITHS STREET WOOLLOOMOOLOO (D/2010/1267)
The Major Development Assessment Sub-Committee decided that consideration of this matter be deferred to the meeting of Council on 25 July 2011.
At the meeting of Council, it was moved by Councillor Tornai, seconded by Councillor Black –
It is resolved that the recommendation contained in the report to the Planning Development and Transport Committee on 18 July 2011 be adopted, subject to:
• the addition of the following new deferred commencement consent condition:
(4) DESIGN MODIFICATION
The existing Bourke Street façade and existing roof line is to be retained for a depth of 2 metres from the Bourke Street boundary and incorporated into a modified design. This retention is in addition to the retention and the boundary side walls of the existing building. The proposed apartment plan of the Bourke Street wing at each level may be setback by up to 2 metres where necessary to accommodate this retention of the façade. This may result in a partial reduction in the area of the already generous private outdoor space to the 2 bedroom apartment on the ground floor at the rear of the Bourke Street wing. The modification is to address the following:
(a) incorporation of the southern (left hand) garage door opening for access to the residential foyer with a new foyer entry door design and foyer awning over for the width of the existing garage door opening;
(b) incorporation of the northern (right hand) garage door opening for access to the new ground level retail; the retail will be increased in area resulting from an additional 2 metres in depth from the Bourke Street boundary;
(c) incorporation of the existing upper (first floor) gable window opening into the revised design for windows to serve the bedrooms on level 1;
(d) incorporation of correspondingly enlarged external terraces and enlarged external voids on the first and second floor are to remain located behind the retained façade and 2 metres of retained roof;
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(e) in order to achieve (4) (a)-(b), the plan of the Bourke Street apartments may be required to move no more than 2 metres to the west, potentially reducing the courtyard area in part between the two wings; and
(f) the finish, colour and detail of the retained brickwork, roof, openings, fenestration infill and awning are to be included in the revised plans.
The modifications are to be submitted to and approved by the Director City Planning and Regulatory Services; and
• under Schedule 1A of the conditions of consent, the deletion of Condition (3), as follows, and the renumbering of all following conditions.
(3) DESIGN MODIFICATIONS
The design of the building must be modified as follows:
(a) The continuous awning to the Bourke Street frontage is not approved, and is to be deleted. (The awning fails to provide sufficient setback from the trunk and main branches of an existing street tree at the front of the site to allow the tree to form a natural canopy.) A localised awning over the residential lobby with a maximum width of 0.75m - 1m (sufficient clearance from the tree) may be appropriate to ‘mark’ the residential entry.
(b) The Bourke Street building northern façade adjoining and 83A Bourke Street is to be rendered and painted in a sympathetic colour scheme consistent with the Victorian character of the buildings at 77-83A Bourke Street and 89 Bourke Street, as well as the conservation area as a whole. A schedule of materials, finishes and colours including colour swatches for the whole eastern Bourke Street building is to be submitted to Council.
The modifications are to be submitted to and approved by Director City Planning and Regulatory Services prior to a Construction Certificate being issued.
Variation. At the request of Councillor Black, and by consent, the motion was varied by the addition of the following new clause:
(E) Council note the contribution of former industrial sites and buildings to the heritage and character of the City, and the Chief Executive Officer and staff be requested to investigate options for identifying and conserving industrial buildings in the City’s conservation areas.
The motion, as varied by consent, was carried unanimously.
The motion, as adopted by Council, is as follows:
It is resolved that:
(A) pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, a deferred commencement consent be granted subject to the following:
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(1) ACOUSTIC REPORT
A report from an appropriately qualified person, who possesses the qualifications to render them eligible for membership of the Australian Acoustic Society, Institution of Engineers Australia or the Australian Association of Acoustic Consultants, assessing the impact of noise and vibration in accordance with NSW Department of Planning “Development Near rail corridors and busy road-Interim Guideline” must be provided. Any recommendations from the report shall be implemented into the design of the buildings to ensure amenity is protected.
Any modifications to the design resulting from the report are to be submitted to and approved by the Director City Planning and Regulatory Services.
(2) CONTAMINATION REPORT / SITE AUDIT STATEMENT
Assessment of contamination at the site must be provided demonstrating that the site is suitable for the proposed use and addressing the requirements of SEPP 55 “Management of Contaminated Land “ to include:
(a) A Site Audit Statement prepared by a NSW EPA accredited auditor is to be submitted to Council certifying that the site is suitable for the intended residential use. A letter of Interim Advice from an accredited NSW DECC Site Auditor advising the site is capable of being made suitable for the proposed use is to be provided to Council.
Note: Where the Site Audit Statement is subject to conditions that require ongoing review by the Auditor or Council these should be discussed with Council before the Site Audit Statement is issued.
Any modifications to the design resulting from the report are to be submitted to and approved by the Director City Planning and Regulatory Services.
(3) VOLUNTARY PLANNING AGREEMENT
The Voluntary Planning Agreement, governed by subdivision 2 of Division 6 of Part 4 of the Environmental Planning and Assessment Act 1979 between The Council of the City of Sydney and Bespoke Properties Pty Limited, which secures a monetary contribution of $116,674.90 towards the cost of the construction, drainage, pits, rain garden lining, soil mix, plant, equipment, signs and line marking of a ‘Rain Gardens’ project that has been completed in Bourke Street, shall be executed by the parties.
(4) DESIGN MODIFICATION
The existing Bourke Street façade and existing roof line is to be retained for depth of 2 metres from the Bourke Street boundary and incorporated into a modified design. This retention is in addition to the retention and the boundary side walls of the existing building. The proposed apartment plan of the Bourke Street wing at each level may be setback by up to 2 metres where necessary to accommodate this retention of the façade. This may result in a partial reduction in the area of the already generous private outdoor space to the 2 bedroom apartment on the ground floor at the rear of the Bourke Street wing. The modification is to address the following:
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(a) incorporation of the southern (left hand) garage door opening for access to the residential foyer with a new foyer entry door design and foyer awning over for the width of the existing garage door opening;
(b) incorporation of the northern (right hand) garage door opening for access to the new ground level retail; the retail will be increased in area resulting from an additional 2 metres in depth from the Bourke Street boundary;
(c) incorporation of the existing upper (first floor) gable window opening into the revised design for windows to serve the bedrooms on level 1;
(d) incorporation of correspondingly enlarged external terraces and enlarged external voids on the first and second floor are to remain located behind the retained façade and 2 metres of retained roof;
(e) in order to achieve (4) (a)-(b), the plan of the Bourke Street apartments may be required to move no more than 2 metres to the west, potentially reducing the courtyard area in part between the two wings; and
(f) the finish, colour and detail of the retained brickwork, roof, openings, fenestration infill and awning are to be included in the revised plans.
The modifications are to be submitted to and approved by the Director City Planning and Regulatory Services;
(B) evidence that will sufficiently enable Council to be satisfied as to those matters identified in deferred commencement conditions, as indicated above, must be submitted to Council within 12 months of the date of determination of this deferred commencement consent;
(C) the consent will not operate until such time that the Council notifies the Applicant in writing that deferred commencement consent conditions as indicated above, have been satisfied; and
(D) upon Council giving written notification to the Applicant that the deferred commencement conditions have been satisfied, the consent will become operative from the date of that written notification, subject to the following conditions of consent and any other additional conditions reasonably arising from consideration of the deferred commencement consent conditions:
SCHEDULE 1A
Approved Development/Design Modifications/Covenants and Contributions/Use and Operation
Note: Some conditions in Schedule 1A 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.
(1) APPROVED DEVELOPMENT
(a) Development must be in accordance with Development Application No. D/2010/1267 dated 10 August 2010 and drawings prepared by McGregor Westlake Architecture dated 21 February 2011:
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Drawing No. Revision Title 001 DA Cover Page 003 DA Revision A Transmittal Legend Specifications 004 DA Floor Space Ratio 100 DA Survey 101 DA Revision A Ground Floor 102 DA Revision A First Floor 103 DA Revision A Second Floor 104 DA Revision A Third Floor 105 DA Revision A Roof Plan 201 DA Revision A Section 1 202 DA Revision A Section 2 301 DA Revision A Elevation 1 302 DA Elevation 2
and Landscape Plan prepared by Jane Irwin Landscape Architecture for MWA dated 16 March 2011:
Drawing No. Revision Title L 01 – L03 Issue B Ground and First Floor Landscape Plan
and as amended by the conditions of this consent.
(b) In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.
(2) USE - SEPARATE DA REQUIRED
A separate development application for the fit out and use of the ground level retail tenancy fronting Bourke Street must be submitted to and approved by Council prior to that fit out or use commencing.
(3) DESIGN QUALITY EXCELLENCE
(4) BUILDING HEIGHT
(a) The height of the building adjacent to the Eastern Distributor must not exceed RL 16.650 (AHD) to the top of the building parapet including all plant. All roof-top plant and associated equipment must be located within the approved building envelope. Should the plant exceed the approved building envelope, then further approval is required from Council.
(b) Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification that the height of the building accords with (a) above, to the satisfaction of the Principal Certifying Authority.
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(5) USE OF COMMON AREAS AND FACILITIES
The use of common areas and facilities must be available for the use of all residents of the building, and must be designated as common property on any strata subdivision of the site, with no exclusive use rights. It is recommended that BBQ facilities and appropriate furnishings be installed in the communal open space.
(6) RAILCORP
(a) Service Searches
Prior to the issue of a construction Certificate the applicant shall undertake a services search to establish the existence and location of any rail services. Persons performing the service search shall use equipment that will not have any impact on rail services and signalling. Should rail services be identified within the subject development site the Applicant must discuss with the RailCorp as to whether these services are to be relocated or incorporated within the development site.
(b) Noise and Vibration
An acoustic assessment should demonstrate how the proposed development will comply with the Department of Planning's document titled "Development Near Rail Corridors and Busy Roads-Interim Guidelines".
(c) Stray Currents from Electrolysis from Rail Operations
Prior to the issue of a Construction Certificate the Applicant is to engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents. The Applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report is to be provided to the Principal Certifying Authority with the application for a Construction Certificate.
(d) Use of Lights and Reflective Materials
The design, installation and use of lights, signs and reflective materials, whether permanent or temporary, which are (or from which reflected light might be) visible from the rail corridor must limit glare and reflectivity to the satisfaction of RailCorp. The Principle Certifying Authority shall not issue the Construction Certificate until written confirmation has been received from RailCorp confirming that this condition has been satisfied.
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(e) Crane and Other Aerial Operations
Prior to the issuing of a Construction Certificate the Applicant is to submit to RailCorp a plan showing all craneage and other aerial operations for the development and must comply with all RailCorp requirements. The Principle Certifying Authority shall not issue the Construction Certificate until written confirmation has been received from RailCorp confirming that this condition has been satisfied.
(7) MECHANICAL VENTILATION
(8) ASBESTOS REMOVAL
(9) ASBESTOS REMOVAL SIGNAGE
(10) DISPOSAL OF ASBESTOS
(11) NOTIFICATION OF ASBESTOS REMOVAL
(12) PROHIBITION OF ASBESTOS RE- USE
(13) SIGNAGE LOCATION AND DETAILS
(14) SKIPS AND BINS
(15) INTRUDER ALARM
(16) DEMOLITION, EXCAVATION AND CONSTRUCTION NOISE MANAGEMENT PLAN
(17) USE OF INTRUSIVE APPLIANCES – NOT APPROVED
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” .
A separate section 96 Development Application must be submitted to the Council for the use of any equipment 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”.
(18) CAR PARK VENTILATION
(19) CLASSIFICATION OF WASTE
(20) ACID SULFATE MANAGEMENT PLAN
(21) VEHICLE FOOTWAY CROSSING
A separate application is to be made to, and approved by, Council for the construction of any proposed vehicle footway crossing or for the removal of any existing crossing and replacement of the footpath formation where any such crossings are no longer required.
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All disused or redundant vehicle crossings and laybacks must be removed and reinstated in accordance with Council’s standards, to suit the adjacent finished footway and edge treatment materials, levels and details, or as otherwise directed by Council officers. All construction and replacement works are to be completed in accordance with the approved plans prior to the issue of an Occupation Certificate or Certificate of Completion.
Note: In all cases the construction materials should reinforce the priority of pedestrian movement over that of the crossing vehicle.
(22) ASSOCIATED ROADWAY COSTS
(23) PHOTOGRAPHIC ARCHIVAL DOCUMENTATION (MINOR WORKS)
Prior to a Construction Certificate being issued, an archival photographic recording of the two buildings on the site to be demolished is to be prepared to Council's satisfaction. The recording may be in either digital or film-based form, or a combination of both, prepared in accordance with the NSW Heritage Office guidelines titled ‘Photographic Recording of Heritage Items using Film or Digital Capture’. One copy of the record is to be submitted to Council to be lodged with Council’s Archives.
The form of the recording is to be as follows:
(a) In A4 format, placed in archival plastic sleeves in an appropriate archival folder.
(b) The Development Application number must be noted on the front of the folder and in the report.
(c) Include a summary report detailing the project description, date and authorship of the photographic record, method of documentation and limitations of the photographic record.
(d) Each negative, slide or digital image is to be cross referenced to a photographic catalogue and photographic base plans.
(e) Include written confirmation, issued with the authority of both the applicant and the photographer that the City of Sydney is granted a perpetual non-exclusive licence to make use of the copyright in all images supplied, including the right to make copies available to third parties as though they were Council images. The signatures of both the applicant and the photographer must be included.
(f) A digital based recording is to include:
(i) Thumbnail image sheets and a selection of A5 or A4 size images, all labelled and cross-referenced to the catalogue sheets and base plans, and processed on A4 size archival photographic paper using archivally stable inks.
(ii) CD or DVD containing the report in PDF format and the electronic images saved as JPEG or TIFF files and cross referenced to the catalogue sheets.
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(g) A film based recording is to include:
35mm film images submitted as contact sheets with equivalent negatives, a selection of black and white prints 200 x 250mm, and 35mm colour transparencies, all labelled and cross-referenced to the catalogue sheets and base plans.
(24) HERITAGE INTERPRETATION PLAN (AS MODIFIED)
(a) An interpretation plan for the site must be submitted to and approved by Council, prior to a Construction Certificate being issued.
(b) The interpretation plan must detail how information on the history and significance of the site will be provided for the public and make recommendations regarding public accessibility, signage and lighting. Public art, details of the heritage design, the display of selected artefacts, early plans and photographs are some of the means that can be used.
(c) The plan is to be prepared by a suitably experienced heritage practitioner.
(d) Prior to an Occupation Certificate being issued the approved interpretation plan must be implemented to the satisfaction of Council.
(25) ARCHAEOLOGICAL CONDITIONS
(a) As the site has been identified as having archaeological potential, an Archaeological Assessment, is to be prepared by a suitably experienced and qualified archaeologist in accordance with the NSW Heritage Branch Guidelines, and submitted to Council’s satisfaction, prior to the issue of a construction certificate or commencement of works on site, whichever is the earliest.
(b) Depending on the findings of the assessment the applicant may need to apply to the NSW Heritage Branch for an excavation permit under Section 140 of the Heritage Act 1977.
(c) Should any potential archaeological deposit likely to contain Aboriginal artefacts be identified during the planning or historical assessment stage, an application will need to be made by a suitably qualified archaeologist to the NSW Office of Environment and Heritage for an excavation permit for Aboriginal relics.
(d) The applicant shall comply with the conditions and requirements of any excavation permit required, and are to ensure that allowance for compliance with these conditions and requirements into the development program.
(e) General bulk excavation of the site is not to commence prior to compliance with the conditions and requirements of any excavation permit required.
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(f) Should any historical relics be unexpectedly discovered in any areas of the site not subject to an excavation permit, then all excavation or disturbance to the area is to stop immediately and the Heritage Council of NSW should be informed in accordance with section 146 of the Heritage Act 1977.
(g) Should any Aboriginal relics be unexpectedly discovered in any areas of the site not subject to an excavation permit, then all excavation or disturbance of the area is to stop immediately and the NSW Office of Environment and Heritage is to be informed in accordance with Section 91 of the National Parks and Wildlife Act, 1974.
Note: In some circumstances, conditions imposed by the NSW Heritage Branch or NSW Office of Environment and Heritage could delay and/or affect how the DA is to proceed.
(26) EXTERNAL LIGHTING
(27) PUBLIC DOMAIN PLAN
(28) ALIGNMENT LEVELS
(29) LANDSCAPING OF THE SITE
(30) STORMWATER AND DRAINAGE - MAJOR DEVELOPMENT
(31) TREES
All trees proposed must be appropriate for the site, such as, the planting location provides adequate space for canopy and root development and if necessary the applicant should engage the services of a qualified Arborist with a minimum Australian Qualification Framework (AQF) of Level 5 to assist in finalising the tree planting palette.
(a) Proposed awnings must be setback to allow a minimum clearance of one (1) metre from tree trunk and main branches to allow the tree to form a natural canopy.
(b) That the existing trees detailed in Table 1 be retained and protected throughout the proposed development and the following protection measures are to be conditioned into the development consent conditions to protect the trees during the construction period.
(c) Table 1 - Existing trees which must be retained
Approval is NOT granted for the removal of the following trees, which Council has determined to be prominent landscape elements.
Tree Botanical Name Dimension Setback No: (metres) Required 1-3 Brush Box (Lophostemon confertus) 5 x 6 2.5m Council Street Trees
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(32) TREE PROTECTION DURING CONSTRUCTION
(a) All street trees adjacent to the site not approved for removal must be protected at all times during demolition and construction, in accordance with Council’s Tree Preservation Order.
(b) Details of the methods of protection must be submitted to and be approved by Council prior to the issue of the Construction Certificate and such approval should be forwarded to the Principal Certifying Authority. All approved protection measures must be maintained for the duration of construction and any tree on the footpath which is damaged or removed during construction must be replaced.
(c) A proposed street tree is to be planted on Bourke Street is supported by the Tree Management team. Council’s street tree planting and maintenance requirements are as follows.
(33) STREET TREE PLANTING AND MAINTENANCE
A Landscape Plan indicating the location of the street trees to be planted in association with the development must be submitted to Council for approval prior to the issuing of the Construction Certificate. Street trees must be located and planted in accordance with the City’s Street Tree Master Plan, and the following:
(a) The street tree(s) must be planted:
(i) By a qualified Arborist or Horticulturist (AQF Level 3); and
(ii) Before the issuing of an Occupation Certificate.
(b) The tree pits must be inspected by Council’s Contract Coordinator – Street Trees, before and after planting.
(c) All street trees planted in accordance with the approved Landscape Plan must be maintained by a qualified Horticulturist or Arborist (AQF Level 2 or 3) for a minimum period of twelve (12) months commencing on the planting date. Maintenance includes, without limitation, watering, weeding, removal of rubbish from tree base, pruning, fertilizing, pest and disease control and any other operations to maintain a healthy robust tree.
(d) At the end of the twelve (12) month maintenance period, written approval must be obtained from Council before hand-over of any street tree to Council.
(e) If a street tree has been replaced due to maintenance deficiencies during the twelve (12) month maintenance period, the twelve (12) month maintenance period will start again from the date that the street tree is replaced.
(f) A landscape plan in accordance with the following requirements is referred to the Tree Management team for approval prior to construction certificate being issued.
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(34) SECTION 94 EASTERN PRECINCT CITY OF SYDNEY DEVELOPMENT CONTRIBUTIONS PLAN 2006
As a consequence of this development, Council has identified an additional demand for public amenities and facilities. Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 (as amended), and City of Sydney Section 94 Contributions Development Contributions Plan 2006 the following monetary contributions towards the cost of providing facilities and amenities are required.
Contribution Category Amount
Community Facilities $14,830.23
Public Domain $28,594.18
New Open Space $232,652.18
Accessibility $2,346.90
Management $2,537.54
Total $280,961.04
The above payments will be adjusted according to the relative change in the Consumer Price Index using the following formula.
Contributions at Time of Payment = C x CPI2 / CPI1
where:
C is the original contribution amount as shown above;
CPI2 is the Consumer Price Index: All Groups Index for Sydney available from the Australian Bureau of statistics at the time of payment; and
CPI1 is the Consumer Price Index: All Groups Index for Sydney available from the Australian Bureau of Statistics at the date of calculation being – latest quarter of 2011.
The contribution must be paid prior to the issue of a Construction Certificate. Payment may be by EFTPOS (debit card only), CASH or a BANK CHEQUE made payable to the City of Sydney. Personal or company cheques will not be accepted.
Please contact Council’s Planning Administration staff at [email protected] to confirm the amount payable, prior to payment.
Copies of the City of Sydney Section 94 Development Contributions Plan 2006 may be inspected at Council's offices.
(35) RESTRICTION ON USE OF CAR SPACES - RESIDENTIAL
(36) NOISE MANAGEMENT PLAN - CONSTRUCTION SITES
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(37) NOISE MANAGEMENT PLAN - DEMOLITION, EXCAVATION AND CONSTRUCTION
(38) AIR CONDITIONERS IN RESIDENTIAL BUILDINGS
SCHEDULE 1B
Prior to Construction Certification/Commencement of Work/Health and Building
Note: Prior to the issue of the Construction Certificate, sufficient information must be forwarded to the certifying authority (whether Council or a private accredited certifier) illustrating compliance with the relevant requirements of the Building Code of Australia (and a copy forwarded to Council where Council is not the certifying authority). If Council is to be the certifying authority, please contact the Building Unit to discuss the requirements prior to submission of the application for construction certificate.
(39) SUBMISSION OF ELECTRONIC MODELS PRIOR TO CONSTRUCTION CERTIFICATE AND PRIOR TO OCCUPATION CERTIFICATE
(40) TEMPORARY GROUND ANCHORS, TEMPORARY SHORING AND PERMANENT BASEMENT/RETAINING WALLS AFFECTING THE ROAD RESERVE
(41) NO DEMOLITION PRIOR TO A CONSTRUCTION CERTIFICATE
(42) BCA - NEW BUILDINGS WORKS - CLASS 2-9 BUILDINGS
(43) BCA COMPLIANCE - ALTERATIONS AND ADDITIONS - UPGRADE OF BUILDING IS REQUIRED - BCA REPORT HAS BEEN PROVIDED AND BCA VARIATIONS ARE SOUGHT (CC REQUIRED)
(a) Pursuant to Clause 94 of the Environmental Planning and Assessment Regulation 2000, the existing portions to be external wall to be retained must comply with the Building Code of Australia (BCA) including:
(i) Structural provisions - Part B1;
(ii) Fire resistance and stability - Part C1;
Prior to a construction certificate being issued the certifying authority must ensure that the proposed works and other upgrading works required by this condition satisfy the Building Code of Australia by complying with Clause A0.4 of the BCA.
(44) FIRE SAFETY CERTIFICATE TO BE SUBMITTED
(45) STRUCTURAL CERTIFICATION FOR DESIGN - BCA (ALL BUILDING CLASSES)
(46) CERTIFICATION OF GEOTECHNICAL INSPECTION
(47) EROSION AND SEDIMENT CONTROL
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(48) DEMOLITION, EXCAVATION AND CONSTRUCTION MANAGEMENT
(a) Prior to the commencement of demolition and/or excavation work the following details must be submitted to and be approved by the Principal Certifying Authority:
(i) Plans and elevations showing distances of the subject building from the location of adjoining and common/party walls, and (where applicable) the proposed method of facade retention.
(ii) A Demolition Work Method Statement prepared by a licensed demolisher who is registered with the Work Cover Authority. (The demolition by induced collapse, the use of explosives or on-site burning is not permitted.)
(iii) An Excavation Work Method Statement prepared by an appropriately qualified person.
(iv) A Waste Management Plan for the demolition and or excavation of the proposed development.
(b) Such statements must, where applicable, be in compliance with AS2601-1991 Demolition of Structures, the Occupational Health and Safety Act 2000 and Regulation; Council’s Policy for Waste Minimisation in New Developments 2005, the Waste Minimisation and Management Act 1995, and all other relevant acts and regulations and must include provisions for:
(i) A Materials Handling Statement for the removal of refuse from the site in accordance with the Waste Minimisation and Management Act 1995.
(ii) The name and address of the company/contractor undertaking demolition/excavation works.
(iii) The name and address of the company/contractor undertaking off site remediation/disposal of excavated materials.
(iv) The name and address of the transport contractor.
(v) The type and quantity of material to be removed from site.
(vi) Location and method of waste disposal and recycling.
(vii) Proposed truck routes, in accordance with this development consent.
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(viii) Procedures to be adopted for the prevention of loose or contaminated material, spoil, dust and litter from being deposited onto the public way from trucks and associated equipment and the proposed method of cleaning surrounding roadways from such deposits. (Note: With regard to demolition of buildings, dust emission must be minimised for the full height of the building. A minimum requirement is that perimeter scaffolding, combined with chain wire and shade cloth must be used, together with continuous water spray during the demolition process. Compressed air must not be used to blow dust from the building site).
(ix) Measures to control noise emissions from the site.
(x) Measures to suppress odours.
(xi) Enclosing and making the site safe.
(xii) A certified copy of the Public Liability Insurance indemnifying Council for $10,000,000 against public prosecution for the duration of the demolition works.
(xiii) Induction training for on-site personnel.
(xiv) Written confirmation that an appropriately qualified Occupational Hygiene Consultant has inspected the building/site for asbestos, contamination and other hazardous materials, in accordance with the procedures acceptable to Work Cover Authority.
(xv) An Asbestos and Hazardous Materials Clearance Certificate by a person approved by the Work Cover Authority.
(xvi) Disconnection of utilities.
(xvii) Fire Fighting. (Fire fighting services on site are to be maintained at all times during demolition work. Access to fire services in the street must not be obstructed).
(xviii) Access and egress. (Demolition and excavation activity must not cause damage to or adversely affect the safe access and egress of the subject building or any adjacent buildings).
(xix) Waterproofing of any exposed surfaces of adjoining buildings.
(xx) Control of water pollution and leachate and cleaning of vehicles tyres (proposals must be in accordance with the Protection of the Environmental Operations Act 1997).
(xxi) Working hours, in accordance with this development consent.
(xxii) Any Work Cover Authority requirements.
(c) The approved work method statements and a waste management plan as required by this condition must be implemented in full during the period of construction.
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(49) DILAPIDATION REPORT
(50) TEMPORARY GROUND ANCHORS, TEMPORARY SHORING AND PERMANENT BASEMENT/RETAINING WALLS AFFECTING THE ROAD RESERVE
(51) STORMWATER AND DRAINAGE - MAJOR DEVELOPMENT
(52) UTILITY SERVICES
(53) ELECTRICITY SUBSTATION
(54) WASTE AND RECYCLING MANAGEMENT - MINOR
(55) WASTE AND RECYCLING MANAGEMENT - RESIDENTIAL
(a) A Waste Management Plan is to be submitted to and approved by Council prior to a Construction Certificate being issued. The plan must comply with the Council's Policy for Waste Minimisation in New Developments 2005. All requirements of the approved Waste Management Plan must be implemented during construction of the development.
(b) The building must incorporate designated areas or separate garbage rooms constructed in accordance with Council’s Policy for Waste Minimisation in New Developments 2005, to facilitate the separation of commercial waste and recycling from residential waste and recycling.
UPON COMPLETION OF THE DEVELOPMENT
(c) Prior to an Occupation Certificate being issued or the use commencing, whichever is earlier, the Principal Certifying Authority must obtain Council’s approval of the waste and recycling management facilities provided in the development and ensure arrangements are in place for domestic waste collection by Council.
(56) COVERING OF LOADS
(57) VEHICLE CLEANSING
(58) BARRICADE PERMIT
(59) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE
(60) DEMOLITION/SITE RECTIFICATION (if cost is under $50m)
The following conditions apply to the development:
(a) Demolition or excavation must not commence until a Construction Certificate has been issued for construction of the substantive building.
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(b) Prior to the Construction Certificate being issued, documentary evidence must be provided to Council that the owner of the site has entered into a Deed with Council, the cost of preparation and execution of such Deed (including stamp duty and registration fees) to be borne by the applicant, which contains such conditions as the Council reasonably requires to ensure the matters set out in this condition are adequately provided for.
(c) Without limiting the generality of paragraph (b), the Deed must provide for:
(i) a bank guarantee to be provided in the sum of $269,750.00 ($250.00/sqm) as security for the costs of such works provided that:
a. the maximum liability under the Deed; and
b. the Council may accept a lesser amount as security if substantiated by detailed design and Quantity Surveyor costing for works which meet the objectives of the condition.
(ii) Council to be given sufficient contractual rights to be able to ensure that in any of the following events namely:
a. demolition of the existing building has commenced but not been completed;
b. the existing building has been demolished; or
c. the site has been excavated; or
d. the erection of the structure has commenced;
that it, or any person authorised by it, may enter the site and carry out such works at the cost of the applicant (or such other person as the consent authority may approve) as may be then appropriate in the circumstances in each of the abovementioned events, to:
e. make the building safe and of an appearance acceptable to Council at ground level;
f. allow the ground level to be landscaped and of an appearance acceptable to Council from any public vantage point; or
g. for the hole to be covered to allow it to be landscaped and made attractive from any public vantage-point; or
h. in the event that the new building is constructed beyond the ground floor, to allow any hoardings to be removed and the ground floor development to be completed to a tenantable stage;
AND to call on such bank guarantee to cover the cost thereof.
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(d) If the site is commenced to be developed and there is suspension in activity for 6 months (or suspensions of activity which in the aggregate exceed 6 months), resulting in a building site which has an appearance not acceptable to Council, then the Council will have the readily enforceable rights to:
(i) require certain works including but not limited to those works necessary to achieve the results referred to in sub-clause (c) (ii) e. – h. to take place on the site; and
(ii) in the event of default, have the right to enter and carry out these works and to call upon security in the nature of a bank guarantee to cover the cost of the works.
(e) The Deed may provide for the release of the Bank Guarantee at such time that the Final Occupation Certificate for the approved development is issued. If the approved development also relates to works to existing buildings, the relevant Final Occupation Certificate is the one that relates to that part of the approved development which involves the demolition and new construction.
(61) INSTALLATION OF DUAL-FLUSH TOILETS
(62) INSTALLATION OF WATER EFFICIENT TAPS
(63) REDUCTION OF NOISE FROM EXTERNAL SOURCES (RESIDENTIAL AND SERVICED APARTMENTS)
(64) ACOUSTIC PRIVACY BETWEEN UNITS
(65) BASIX CERTIFICATE - DETAILS TO BE LODGED WITH A CC
(66) ANNUAL FIRE SAFETY STATEMENT FORM
(67) ASSOCIATED ROADWAY COSTS
(68) BICYCLE PARKING
(69) CAR PARKING SPACES AND DIMENSIONS
A maximum of 19 off-street car parking spaces must be provided. The design, layout, signage, line marking, lighting and physical controls of all off- street parking facilities must comply with the minimum requirements of Australian Standard AS/NZS 2890.1 - 2004 Parking facilities Part 1: Off- street car parking and Council’s Development Control Plan. The details must be submitted to and approved by the Principal Certifying Authority prior to a Construction Certificate being issued.
(70) COST OF SIGNPOSTING
(71) LOADING WITHIN SITE
(72) LOADING/PARKING KEPT CLEAR
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(73) PROHIBITION ON PARTICIPATION IN RESIDENT PARKING PERMIT SCHEME APPLICATION OF CITY OF SYDNEY PERMIT PARKING POLICY – INELIGIBILITY FOR RESIDENT PARKING PERMITS
(74) REMOVAL VEHICLES
(75) SERVICE VEHICLE SIZE LIMIT
The size of vehicles servicing the property must be a maximum length of 6m.
(76) SIGNS AT EGRESS
(77) TRAFFIC WORKS
(78) VEHICLE FOOTWAY CROSSING
(79) RTA CONDITIONS
(a) The development must not interfere with the ongoing operation and maintenance of the Eastern Distributor motorway. If the development is likely to impact the operation of the Eastern Distributor, the developer must consult with Airport Motorway Limited (the operator of the Eastern Distributor) and the RTA. The area between the retaining wall and the building at 13-15 Griffiths Street must be accessible for Airport Motorway Limited's maintenance activities.
(b) The developer is to submit detailed design drawings and geotechnical reports relating to any excavation of the site and associated support structures to the RTA for assessment (prior to the approval of any Construction Certificate). The developer is to meet the full cost of the assessment by the RTA. The report must address the following: -
(i) The impact of excavation/rock anchors on the stability if the ED and detailing how the carriageway would be monitored for settlement.
(ii) The impact of the excavation on the structural stability of the ED.
(iii) Any other issues that may need to be addressed (contact Geotechnical Engineer Stanley Yuen on Ph: 8837 0246 or Graham Yip on Ph: 8837 0245) for details.
(c) The proposed development should be designed such that road traffic noise from the ED is mitigated by durable materials in order to satisfy the requirements for habitable rooms under Clause 102 of the State Environmental Planning Policy (Infrastructure) 2007.
(d) A Construction Traffic Management Plan detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control should be submitted to Council for review prior to issue of a Construction Certificate.
(e) All vehicles are to enter and leave the site in a forward direction.
(f) All vehicles are to be wholly contained on site before being required to stop.
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(g) All loading and unloading shall occur on site.
(h) All demolition and construction vehicles are to be contained wholly within the site.
(i) The layout of the proposed parking areas associated with the subject development (including driveways, grades, tum paths, sight distance requirements, aisle widths, aisle lengths and parking bay dimensions) should be in accordance with AS2890.1-2004 and AS2890.2-2002 for heavy vehicle usage.
(j) The swept path of the longest vehicle (including garbage trucks) entering and exiting the site, as well as manoeuvrability through the site, shall be in accordance with AUSTROADS. A swept path plan shall be submitted to Council for approval, illustrating compliance with this requirement.
(k) The developer shall be responsible for all public utility adjustments/relocation works necessitated by the above works and as required by the various public utility authorities and/or their agents.
(l) All works / regulatory sign posting associated with the proposed development are to be at no cost to the RTA.
(80) LAND SUBDIVISION – SEPARATE DA REQUIRED
(81) LOT CONSOLIDATION
(82) STRATA SUBDIVISION – APPROVAL OF STRATA PLAN REQUIRED
(83) STRATA LOTS FOR RESIDENTIAL DEVELOPMENT
SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(84) NOTIFICATION OF EXCAVATION WORKS
(85) SITE NOTICE OF PROJECTS DETAILS AND APPROVALS
(86) STREET NUMBERING – MAJOR DEVELOPMENT
(87) HOURS OF WORK AND NOISE – OUTSIDE CBD
(88) LOADING AND UNLOADING DURING CONSTRUCTION
(89) SYDNEY WATER CERTIFICATE
(90) NO OBSTRUCTION OF PUBLIC WAY
(91) ENCROACHMENTS – NEIGHBOURING PROPERTIES
(92) ENCROACHMENTS – PUBLIC WAY
(93) SURVEY CERTIFICATE AT COMPLETION
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(94) OCCUPATION CERTIFICATE TO BE SUBMITTED
SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000 apply to the development; and
(E) Council note the contribution of former industrial sites and buildings to the heritage and character of the City, and the Chief Executive Officer and staff be requested to investigate options for identifying and conserving industrial buildings in the City’s conservation areas.
Speakers
Mr Glen Lockitch and Mr Peter McGregor addressed the meeting of the Planning Development and Transport Committee (Major Development Assessment Sub- Committee) on Item 9.11.
Report of the Development Assessment Sub-Committee
Moved by Councillor Mallard, seconded by Councillor McInerney -
That the report of the Development Assessment Sub-Committee of its meeting of 18 July 2011 be received, with Items 9.12 to 9.16 inclusive being dealt with as shown immediately following those items.
Carried.
The Development Assessment Sub-Committee recommended the following:
ITEM 9.12
DEVELOPMENT APPLICATION: 40 AND 40A CALDWELL STREET DARLINGHURST (D/2011/125)
The Development Assessment Sub-Committee decided that consideration of this matter be deferred to the meeting of Council on 25 July 2011.
At the meeting of Council, it was moved by Councillor McInerney, seconded by Councillor Black –
It is resolved that consent be refused for the following reasons:
(1) The proposed Floor Space Ratio of 1.52 does not comply with Part E2.2 of South Sydney Development Control Plan 1997.
(2) The proposed development detracts from the character and appearance of the conservation area, due to its design and poor quality of finishes. In this regard, the proposal does not comply with the following:
(a) Clause 22(e) of South Sydney Local Environmental Plan 1998, development on conservation areas;
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(b) Clause 23A(2), parts (b) and (c) of South Sydney Local Environmental Plan 1998, regarding the types of doors and windows, and materials in a heritage conservation area; and
(c) Clause 28(1)(f) of South Sydney Local Environmental Plan 1998, regarding enhancing the public domain.
(3) The proposal is inconsistent with Clause 12(1)(c) of South Sydney Local Environmental Plan 1998, as the scale and treatment of the south (side) elevation will detract from the amenity enjoyed by nearby residents.
(4) The proposed rear attic window/balcony arrangement will have an adverse privacy impact on Nos. 75 and 77 Surrey Street and, therefore, does not comply with Clause 28(1)(d)(i) of South Sydney Local Environmental Plan 1998 and Part E4.1 of South Sydney Development Control Plan 1997, regarding the adequate provision of privacy.
(5) The proposed front door overhangs the footpath and, therefore, does not enhance the public domain required by Clause 28(1)(f) of South Sydney Local Environmental Plan 1998.
(6) The proposal is not in the public interest.
The motion was carried on the following show of hands –
Ayes (9) The Lord Mayor, Councillors Black, Burgmann, Doutney, Harris, Hoff, Kok, Mallard and McInerney.
Noes (1) Councillor Tornai.
Motion carried.
Speakers
Ms Louise Prichard, Mr David Iacono, Mr Andrew Woodhouse, Ms Sarah Percy-Dove, Mr Bert Franzen, Ms Karin Tesdorf, Mr Tom Monahan, Mr Daniel Brush and Mr Tim Roberston addressed the meeting of the Planning Development and Transport Committee (Development Assessment Sub-Committee) on Item 9.12.
ITEM 9.13
DEVELOPMENT APPLICATION: 124-126 RENWICK STREET REDFERN (D/2010/1787)
The Development Assessment Sub-Committee decided that consideration of this matter be deferred to the meeting of Council on 25 July 2011.
At the meeting of Council, it was moved by Councillor Mallard, seconded by Councillor Black –
It is resolved that the recommendation contained in the report to the Planning Development and Transport Committee on 18 July 2011 be adopted, subject to:
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• The amendment of deferred commencement condition (3), shown in clause (A), such that it read as follows:
(A)
(3) Detailed design specifications for the facade of the infill building and for privacy and louvre screens must be submitted. In addition, floor plans and elevation plans are to be updated to illustrate louvre screens on juliet balconies. These details must be submitted to and be approved by the Director City Planning and Regulatory Services.
• The addition of the following new Condition (25) and the subsequent renumbering of all following conditions:
(25) NO STRATA SUBDIVISION
The boarding house must not be strata subdivided.
The motion was carried on the following show of hands –
Ayes (7) The Lord Mayor, Councillor Black, Harris, Kok, Mallard, McInerney and Tornai
Noes (3) Councillor Burgmann, Doutney and Hoff.
Motion carried.
The motion, as adopted by Council, is as follows:
It is resolved that:
(A) pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, a deferred commencement consent is granted subject to the following:
(1) A Site Audit Statement is to be submitted to Council clearly indicating that the site is suitable for the proposed use.
(2) Where the Site Audit Statement is subject to conditions that require ongoing review by the Auditor or Council these conditions should be discussed with Council before the Site Audit Statement is issued.
(3) Detailed design specifications for the facade of the infill building and for privacy and louvre screens must be submitted. In addition, floor plans and elevation plans are to be updated to illustrate louvre screens on juliet balconies. These details must be submitted to and be approved by the Director City Planning and Regulatory Services.
(4) Rooms 17, 18 and 19 must be deleted from the proposal to reduce the bulk and scale of the development to the rear of the site;
(B) evidence that will sufficiently enable Council to be satisfied as to those matters identified in deferred commencement conditions, as indicated above, must be submitted to Council by 18 January 2012;
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(C) the consent will not operate until such time that the Council notifies the Applicant in writing that deferred commencement consent conditions as indicated above, have been satisfied; and
(D) upon Council giving written notification to the Applicant that the deferred commencement conditions have been satisfied, the consent will become operative from the date of that written notification, subject to the following conditions of consent and any other additional conditions reasonably arising from consideration of the deferred commencement consent conditions:
SCHEDULE 1A
Approved Development/Design Modifications/Covenants and Contributions/Use and Operation
Note: Some conditions in Schedule 1A 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.
(1) APPROVED DEVELOPMENT
(a) Development must be in accordance with Development Application No. D/2010/1787 dated 22 October 2010 and the following drawings:
Drawing Architect Date Number
A1.01 Rev C Building Design & Technology May 2010
A1.02 Rev C Building Design & Technology May 2010
A1.03 Rev C Building Design & Technology May 2010
A1.03A Rev B Building Design & Technology May 2010
and as amended by the conditions of this consent.
(b) In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.
(2) DESIGN DETAILS - EXTERNAL COLOUR SCHEME
A materials sample board detailing all proposed finishes must be submitted to and approved by the Director City Planning and Regulatory Services prior to a Construction Certificate being issued.
The external colour scheme is to be sympathetic to the architectural style and period of the retained building and the Heritage Conservation Area.
(3) COMMERCIAL USE - SEPARATE DA REQUIRED
A separate development application for the fitout and use of the commercial unit must be submitted to and approved by Director City Planning and Regulatory Services prior to that fitout or use commencing.
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(4) USE OF THE PREMISES AS A BOARDING HOUSE
(5) BOARDING HOUSE - USE AND OPERATION
(6) ACCOMMODATION - REGISTRATION AND CARETAKER
(7) RESTRICTION ON BOARDING HOUSE DEVELOPMENT
The following restriction applies to buildings approved for boarding house use: (a) The accommodation of the building must be used as a boarding house only as defined in the City of Sydney Boarding House Development Control Plan 2004; and not for the purposes of permanent residential accommodation nor hotel, motel, serviced apartments, private hotel, tourist accommodation or the like.
(b) A restrictive covenant is to be registered on the title of the development site in the above terms and restricting any change of use as a boarding house as defined in the City of Sydney Boarding House DCP 2004. The covenant is to be registered on title prior to an Occupation Certificate being issued or the use commencing, whichever is earlier, to the satisfaction of the Council. All costs of the preparation and registration of all associated documentation are to be borne by the applicant. The terms of the covenant may include that the boarding house use is extinguished in the event that the building is demolished or destroyed.
(c) As detailed on the plans (single beds) no more than one person shall occupy Rooms 5, 7, 8 and 13 which are to contain not more than one lodger.
(d) As shown on the plans (double beds) no more than two persons shall occupy Rooms 1, 2, 3, 4, 6, 9, 10, 11, 12, 14, 15, 16 and 20 which is to contain not more than two lodgers.
(e) The total number of persons residing in the boarding house at any one time shall not exceed 30 lodgers.
(f) The lodgers must be subject to an occupancy agreement for a term of at least three months.
(g) The owner and/or their representative such as a building manager or agent is not permitted to advertise or organise for short term accommodation or share accommodation or the like in the building.
(8) USE OF THE COMMON EXTERNAL AREAS
The use of the rear ground level external common areas is restricted to between 7.00am and 9.00pm, seven days per week.
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(9) BOARDING HOUSE - PLAN OF MANAGEMENT
The boarding house use must always be operated / managed in accordance with the approved Plan of Management. A revised Plan of Management is to be submitted to the Director City Planning and Regulatory Services and reflect the design modification changes and conditions of consent made to the development and must be approved prior to the issue of a Construction Certificate by Director City Planning and Regulatory Services. The Plan of Management must address Section 2.9.1 - Operational Plan of Management of the City of Sydney Boarding House DCP as a minimum.
(10) ROOM NUMBERING AND NUMBER OF OCCUPANTS
(a) Every room must have signage indicating the maximum number of occupants per room.
(b) The total number of occupants, including the use of the caretakers room, permitted to reside on the premises at any one time is 30 persons.
(11) MOTORCYCLES
A minimum of two motorcycle parking spaces must be provided in the area designated on the ground floor plans.
(12) BICYCLE PARKING
(a) A minimum of 5 bicycle parking spaces must be provided in the area designated on the ground floor plans.
(b) The layout, design and security of off-street bicycle facilities must comply with the minimum requirements of Australian Standard AS 2890.3 – 1993 Parking Facilities Part 3: Bicycle Parking Facilities.
(13) PROHIBITION ON PARTICIPATION IN RESIDENT PARKING PERMIT SCHEME APPLICATION OF CITY OF SYDNEY PERMIT PARKING POLICY - INELIGIBILITY FOR RESIDENT PARKING PERMITS
(14) CARE OF BUILDING SURROUNDS
(15) AIR CONDITIONERS IN RESIDENTIAL BUILDINGS
(16) COMPLIANCE WITH ACOUSTIC REPORT
All recommendations contained in the acoustic report prepared by Acoustic Solutions dated 9 March 2011 must be implemented during construction and use of the premises, including the following:-
(a) The noise criteria is based upon there being no music being allowed to be played in the external courtyard of the premises.
(b) The proposed windows/external sliding glass doors on all rooms and communal recreational areas to be minimum 10mm laminated with acoustic seals all around. All External Doors to be Solid Core 35mm thick, soft plastic gasket around sides, Top &drop seal at base or any other combination having an STC of minimum 29.
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(c) All external air-conditioning units shall be acoustically enclosed or set away by more than 3.0m from the boundary.
(d) A gap-free sound barrier fence a minimum of 1.8 m in height should be installed on the northern and the western boundaries of the boarding house. The construction of such a barrier we recommend be of colour bond steel, or of brick work.
(e) Signs reminding staff and residents to minimise noise at all times shall be installed at entry and hallways of the boarding house to ensure that all music, and sounds are restricted within the property and not transmitted into adjoining residences.
(f) Ensuring that the boarding are supervised at all times to minimise noise generated by residences of the boarding house.
(g) Install a contact phone number at the front of the boarding house so that any complaints regarding the boarding house operations can be made.
(h) The Principal Certifying Authority (PCA) shall obtain a statement from appropriately qualified acoustic consultant who possesses the qualifications to render them eligible for membership of the Australian Acoustic Society, Institution of Engineers Australia or the Australian Association of Acoustic Consultants, certifying that the acoustic mitigation measures outlined in the above stated report have been suitably incorporated into the development and that relevant noise criteria have been satisfied prior to the issue of an Occupation Certificate.
(17) NOISE – GENERAL USAGE
(18) NOISE - MECHANICAL PLANT AND EQUIPMENT
(19) NO SPEAKERS OR MUSIC OUTSIDE
(20) COMPLAINTS
(21) INTRUDER ALARM
(22) HEALTH DATABASE REGISTRATION
(23) VEHICLE FOOTWAY CROSSING
(24) SECTION 94 SOUTHERN PRECINCT CITY OF SYDNEY DEVELOPMENT CONTRIBUTIONS PLAN 2006
As a consequence of this development, Council has identified an additional demand for public amenities and facilities. Pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 (as amended), and City of Sydney Section 94 Contributions Development Contributions Plan 2006 the following monetary contributions towards the cost of providing facilities and amenities are required.
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Contribution Category Amount
Community Facilities $22,120.14
Public Domain $17,556.16
New Open Space $136,793.59
New Roads $34,741.71
Accessibility $1,440.94
Management $1,557.99
Total $214,210.54
The above payments will be adjusted according to the relative change in the Consumer Price Index using the following formula.
Contributions at Time of Payment = C x CPI2 / CPI1
where:
C is the original contribution amount as shown above;
CPI2 is the Consumer Price Index: All Groups Index for Sydney available from the Australian Bureau of statistics at the time of payment; and
CPI1 is the Consumer Price Index: All Groups Index for Sydney available from the Australian Bureau of Statistics at the date of calculation being - [insert latest quarter and year].
The contribution must be paid prior to issue of a Construction Certificate. Payment may be by EFTPOS (debit card only), CASH or a BANK CHEQUE made payable to the City of Sydney. Personal or company cheques will not be accepted. Please contact Council’s Planning Administration staff to confirm the amount payable, prior to payment.
Copies of the City of Sydney Section 94 Development Contributions Plan 2006 may be inspected at Council's offices.
Note: If the developer shows evidence of gaining a tax exemption for low-cost housing from the State Government, as per Section 2.11 of the City of Sydney Development Contributions Plan 2006, a monetary contribution is not required to be paid.
(25) NO STRATA SUBDIVISION
The boarding house must not be strata subdivided.
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SCHEDULE 1B
Prior to Construction Certification/Commencement of Work/Health and Building
Note: Prior to the issue of the Construction Certificate, sufficient information must be forwarded to the certifying authority (whether Council or a private accredited certifier) illustrating compliance with the relevant requirements of the Building Code of Australia (and a copy forwarded to Council where Council is not the certifying authority). If Council is to be the certifying authority, please contact the Building Unit to discuss the requirements prior to submission of the application for construction certificate.
(26) NO DEMOLITION PRIOR TO A CONSTRUCTION CERTIFICATE
(27) STRUCTURAL CERTIFICATION FOR DESIGN - BCA (ALL BUILDING CLASSES)
(28) STRUCTURAL CERTIFICATION FOR EXISTING BUILDING - ALTERATIONS AND ADDITIONS
(29) BCA - NEW BUILDINGS WORKS - CLASS 2-9 BUILDINGS
(a) Pursuant to Clause 98 of the Environmental Planning and Assessment Regulation 2000, the proposed building work must comply with the Building Code of Australia (BCA) including:
(i) Structural provisions - Part B1;
(ii) Fire resistance and stability - Part C1;
(iii) Compartmentation and separation - Part C2;
(iv) Protection of openings - Part C3;
(v) Provision for escape (access and egress) - Part D1;
(vi) Construction of exits - Part D2;
(vii) Access for people with disabilities - Part D3;
Note: Compliance with the access provisions of Part D3 may necessitate design modifications prior to a construction certificate being issued.
(viii) Fire fighting equipment - Part E1;
(ix) Smoke hazard management - Part E2;
(x) Lift installation - Part E3;
(xi) Emergency lighting, exit signs and warning systems - Part E4;
(xii) Damp and weatherproofing - Part F1;
(xiii) Sanitary and other facilities - Part F2;
(xiv) Room sizes - Part F3;
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(xv) Light and ventilation - Part F4;
(xvi) Sound transmission and insulation - Part F5;
(xvii) Energy Efficiency - Building fabric - Part J1;
(xviii) Energy Efficiency - External glazing - Part J2;
(xix) Energy Efficiency - Building sealing - Part J3;
(xx) Energy Efficiency - Air movement - Part J4;
(xxi) Energy Efficiency - Air-conditioning and ventilation systems - Part J5;
(xxii) Energy Efficiency - Artificial lighting and power - Part J6;
(xxiii) Energy Efficiency - Hot water supply - Part J7;
(xxiv) Energy Efficiency - Access for maintenance - Part J8.
(b) If compliance with the deemed-to-satisfy provisions of the BCA and the matters listed in condition (a) above cannot be achieved, an alternative building solution in accordance with Part A0 of the BCA must be prepared by a suitably qualified and accredited person and be submitted to the Certifying Authority illustrating how the relevant performance requirements of the BCA are to be satisfied. Prior to a Construction Certificate being issued, the Certifying Authority must ensure that the building complies with the Building Code of Australia.
(c) The BCA matters identified in (a) above are not an exhaustive list of conditions to verify compliance or non-compliance with the BCA. Any design amendments required to achieve compliance with the BCA must be submitted to Council. Significant amendments may require an application under Section 96 of the Act to be lodged with Council to amend this consent.
Note: The provisions of Clause 94 of the Environmental Planning and Assessment Regulation 2000 have been considered in the assessment of the proposed development.
(30) ANNUAL FIRE SAFETY STATEMENT FORM
(31) FIRE SAFETY CERTIFICATE TO BE SUBMITTED
(32) REINSTATEMENT OF DETAILS OF FRONT FAÇADE OF TERRACE AT NO 126 RENWICK STREET
The front details of the terrace house at No 126 Renwick Street, including moulding on of the opening surrounds and parapet, the French doors and ground level door and windows, are to be reinstated, based on existing physical and historical evidence.
The front balcony balustrade and wrought iron fence are to be retained and properly repaired.
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(33) NEW FENCE AT NO 124 RENWICK STREET
A new fence and gate is to be added on the front boundary of No 124 Renwick Street. The new fence/gate is to respond to the height and form of neighbouring fences and in keep with the character of the streetscape. Detail is to be provided prior to CC.
(34) ARCHAEOLOGICAL DISCOVERY DURING EXCAVATION
(a) Should any historical relics be unexpectedly discovered on the site during excavation, all excavation or disturbance to the area is to stop immediately and the Heritage Council of NSW should be informed in accordance with section 146 of the Heritage Act 1977.
(b) Should any Aboriginal relics be unexpectedly discovered then all excavation or disturbance of the area is to stop immediately and the Department of Environment and Climate Change is to be informed in accordance with Section 91 of the National Parks and Wildlife Act, 1974.
(35) LANDSCAPING OF THE SITE
(a) The landscape plan submitted with the development application has not been approved. An amended landscape plan must be submitted.
(b) A detailed landscape plan, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted to and approved by Council prior to the issue of a Construction Certificate. The plan must include:
(i) The replacement planting of 4 trees within the property.
(ii) Details of earthworks including mounding and retaining walls and planter boxes (if applicable);
(iii) Location, numbers and type of plant species proposed. Rreplacement tree plantings within the landscape plan design must have a minimum mature height of no less than eight (8) metres (preferably a mix of locally-indigenous tree and proposed shrub and groundcover species appropriate to the site conditions);
(iv) The landscape plan is to include rock or timber features such as a retaining wall or similar, in order to maintain or improve reptile habitat;
(v) Details of drainage and watering systems.
(c) All landscaping in the approved plan is to be completed prior to an Occupation Certificate being issued.
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(36) TREE REMOVAL
Prior to the commencement of tree removal or other substantial works onsite, Sydney Metro Wildlife, WIRES or similar must be engaged to inspect the site for fauna (particularly for hollow-dwelling species and ground-dwelling reptiles) and relocate any found to an adjacent area of similar habitat outside of the works area.
(37) ADVANCED TREE PLANTING
Tree planting within the property must be undertaken in accordance with the following conditions, and to Council’s satisfaction, prior to the issuing of the occupancy certificate:
(a) Four (4) trees are to be planted within the property at the completion of all construction works.
(b) The tree species, when mature, must attain a minimum height of no less than eight (8) metres and minimum canopy spread of four (4) metres. Palms, fruit trees and species recognised to have a short life span are not considered a suitable replacement.
(c) The tree must be grown to NATSPEC Guidelines for Specifying Trees to ensure quality trees and more successful establishment
(d) At the time of planting, the container size is to be a minimum of 75 litres and a minimum height of 2.2 metres.
(e) The tree must be planted by a qualified Horticulturalist or Arborist of Level 2 under the Australian Qualifications Framework (AQF).
(f) The replacement planting/s must be planted in such a manner as to promote good health during the establishment period, and must be maintained, as far as practicable to ensure tree growth into maturity.
(g) Any newly planted tree that fails to establish within 2 years of the initial planting date must be replaced with a tree of comparable qualities.
(h) Upon receipt and acceptance that all replacement tree planting/s have been completed to Council’s satisfaction, an occupancy certificate will be issued.
(38) DEMOLITION, EXCAVATION AND CONSTRUCTION MANAGEMENT
(a) Prior to the commencement of demolition and/or excavation work the following details must be submitted to and be approved by the Principal Certifying Authority:
(i) Plans and elevations showing distances of the subject building from the location of adjoining and common/party walls, and (where applicable) the proposed method of facade retention.
(ii) A Demolition Work Method Statement prepared by a licensed demolisher who is registered with the Work Cover Authority. (The demolition by induced collapse, the use of explosives or on-site burning is not permitted.)
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(iii) An Excavation Work Method Statement prepared by an appropriately qualified person.
(iv) A Waste Management Plan for the demolition and or excavation of the proposed development.
(b) Such statements must, where applicable, be in compliance with AS2601-1991 Demolition of Structures, the Occupational Health and Safety Act 2000 and Regulation; Council’s Policy for Waste Minimisation in New Developments 2005, the Waste Minimisation and Management Act 1995, and all other relevant acts and regulations and must include provisions for:
(i) A Materials Handling Statement for the removal of refuse from the site in accordance with the Waste Minimisation and Management Act 1995.
(ii) The name and address of the company/contractor undertaking demolition/excavation works.
(iii) The name and address of the company/contractor undertaking off site remediation/disposal of excavated materials.
(iv) The name and address of the transport contractor.
(v) The type and quantity of material to be removed from site.
(vi) Location and method of waste disposal and recycling.
(vii) Proposed truck routes, in accordance with this development consent.
(viii) Procedures to be adopted for the prevention of loose or contaminated material, spoil, dust and litter from being deposited onto the public way from trucks and associated equipment and the proposed method of cleaning surrounding roadways from such deposits. (Note: With regard to demolition of buildings, dust emission must be minimised for the full height of the building. A minimum requirement is that perimeter scaffolding, combined with chain wire and shade cloth must be used, together with continuous water spray during the demolition process. Compressed air must not be used to blow dust from the building site).
(ix) Measures to control noise emissions from the site.
(x) Measures to suppress odours.
(xi) Enclosing and making the site safe.
(xii) A certified copy of the Public Liability Insurance indemnifying Council for $10,000,000 against public prosecution for the duration of the demolition works.
(xiii) Induction training for on-site personnel.
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(xiv) Written confirmation that an appropriately qualified Occupational Hygiene Consultant has inspected the building/site for asbestos, contamination and other hazardous materials, in accordance with the procedures acceptable to Work Cover Authority.
(xv) An Asbestos and Hazardous Materials Clearance Certificate by a person approved by the Work Cover Authority.
(xvi) Disconnection of utilities.
(xvii) Fire Fighting. (Fire fighting services on site are to be maintained at all times during demolition work. Access to fire services in the street must not be obstructed).
(xviii) Access and egress. (Demolition and excavation activity must not cause damage to or adversely affect the safe access and egress of the subject building or any adjacent buildings).
(xix) Waterproofing of any exposed surfaces of adjoining buildings.
(xx) Control of water pollution and leachate and cleaning of vehicles tyres (proposals must be in accordance with the Protection of the Environmental Operations Act 1997).
(xxi) Working hours, in accordance with this development consent.
(xxii) Any Work Cover Authority requirements.
(c) The approved work method statements and a waste management plan as required by this condition must be implemented in full during the period of construction.
(39) EROSION AND SEDIMENT CONTROL - MORE THAN 2,500SQM
(40) ALIGNMENT LEVELS
(41) PRESERVATION OF SURVEY MARKS
(42) STORMWATER AND DRAINAGE - MAJOR DEVELOPMENT
(43) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE
(44) BARRICADE PERMIT
(45) FOOTPATH DAMAGE BANK GUARANTEE
(46) LOT CONSOLIDATION
(47) UTILITY SERVICES
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(48) WASTE AND RECYCLING MANAGEMENT - RESIDENTIAL
(a) A Waste Management Plan is to be submitted to and approved by Council prior to a Construction Certificate being issued. The plan must comply with the Council's Policy for Waste Minimisation in New Developments 2005. All requirements of the approved Waste Management Plan must be implemented during construction of the development.
(b) The building must incorporate designated areas or separate garbage rooms constructed in accordance with Council’s Policy for Waste Minimisation in New Developments 2005, to facilitate the separation of commercial waste and recycling from residential waste and recycling.
UPON COMPLETION OF THE DEVELOPMENT
(c) Prior to an Occupation Certificate being issued or the use commencing, whichever is earlier, the Principal Certifying Authority must obtain Council’s approval of the waste and recycling management facilities provided in the development and ensure arrangements are in place for domestic waste collection by Council.
SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(49) HOURS OF WORK AND NOISE – OUTSIDE CBD
(50) OCCUPATION CERTIFICATE TO BE SUBMITTED
(51) ENCROACHMENTS – NEIGHBOURING PROPERTIES
(52) ENCROACHMENTS – PUBLIC WAY
(53) SURVEY CERTIFICATE AT COMPLETION
(54) COVERING OF LOADS
(55) VEHICLE CLEANSING
(56) STREET NUMBERING – SINGLE DWELLINGS/MINOR DEVELOPMENT
(57) SYDNEY WATER CERTIFICATE
(58) LOADING AND UNLOADING DURING CONSTRUCTION
(59) NO OBSTRUCTION OF PUBLIC WAY
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Speakers
Ms Tracie Devlin, Mr James Worsford, Ms Jeanette Campbell, Mr James McGlone, Ms Fiona Winning, Mr Paul Schuman and Ms Jeanette Gray addressed the meeting of the Planning Development and Transport Committee (Development Assessment Sub- Committee) on Item 9.13.
Extension of Time
During discussion on Item 9.13, pursuant to the provisions of Clause 250(3) of the Local Government (General) Regulation 2005, it was –
Moved by Councillor Burgmann, seconded by Councillor Harris –
That Councillor Doutney be granted an extension of time to speak on this matter.
Carried.
ITEM 9.14
DEVELOPMENT APPLICATION: 524 BOURKE STREET SURRY HILLS (D/2010/2111)
The Development Assessment Sub-Committee decided that consideration of this matter be deferred to the meeting of Council on 25 July 2011.
At the meeting of Council, it was moved by Councillor Mallard –
It is resolved that consent be granted subject to the conditions as detailed in the subject report.
The motion moved by Councillor Mallard lapsed for want of a seconder.
It was then moved by Councillor Tornai, seconded by Councillor McInerney –
It is resolved that consent be refused for the following reasons:
(1) The proposed development detracts from, and is unsympathetic to, the heritage item and the character of the conservation area, contrary to Clause 22 of the South Sydney Local Environmental Plan (LEP) 1998.
(2) The proposed development does not enhance the streetscape and character of the locality and is not compatible with the scale and design of neighbouring development, contrary to Clause 28 of South Sydney LEP 1998.
(3) The proposed development fails to promote the future desired character of the locality, in line with the draft requirements of Draft Sydney Local Environmental Plan 2011.
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(4) The proposal does not meet the Floor Space Ratio and height objectives contained within Part E, Clauses 2.2 and 2.3 of South Sydney Development Control Plan (DCP) 1997, as the alterations and additions result in an obtrusive built form that is excessive in bulk, scale and is poorly resolved. The rear addition, rear roof extension and detached garage form an incongruous feature within the conservation area and detract from the established architectural integrity of the terrace row.
(5) The development fails to meet the requirements of Part E, Control 2.4 and Part F, Control 1.2.2 of South Sydney DCP 1997 in terms of conforming to the established rear building line of adjoining buildings.
(6) The development fails to provide a sufficient side setback, in accordance with Part F, Control 1.2.2 of South Sydney DCP 1997, creating unacceptable environmental impacts.
(7) The proposed upper level decks are inappropriate and result in significant overlooking and privacy impacts for neighbouring properties, contrary to Part E, Clause 4.1 and Part F, Control 1.2.5 of South Sydney DCP 1997.
(8) The application fails to demonstrate that appropriate solar access will be maintained for adjoining properties, in accordance with Part E, Clause 5.1 of South Sydney DCP 1997.
(9) The height and bulk of the proposed detached garage with attic is excessive and results in overshadowing impacts for adjoining properties, is visually obtrusive and establishes a poor precedence in terms of built form, contrary to Part G, Clause 2 of South Sydney DCP 1997 and Clause 10 of the City’s Heritage Development Control Plan (DCP) 2006.
(10) The alterations and additions result in a development that dominates and detracts from the existing terrace row, disrupting its uniformity, contrary to the provisions of Clause 4.2 and Clause 14.2.2 of the City’s Heritage DCP 2006.
(11) The proposed rear additions will interrupt the consistent rear forms, rhythm and setting of the terrace group, contrary to Clause 3.1 and Clause 4.1 of the City’s Heritage DCP 2006.
(12) The proposed rear roof addition fails to comply with Clause 8.2.4 of the City’s Heritage DCP 2006, as it disrupts the consistent form of the terrace row and dominates the rear roof slope, detracting from the form of the heritage item.
(13) The proposed two car parking spaces exceed the maximum one car parking space limit set on the site by South Sydney Development Control Plan 11.
Carried unanimously.
Speakers
Ms Lesley Brown, Mr Alex Szann, Mr Stephen Murray, Mr Luke Harper and Mr Peter Lonergan addressed the meeting of the Planning Development and Transport Committee (Development Assessment Sub-Committee) on Item 9.14.
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ITEM 9.15
DEVELOPMENT APPLICATION: 180 VICTORIA STREET POTTS POINT (D/2011/337)
The Development Assessment Sub-Committee decided that consideration of this matter be deferred to the meeting of Council on 25 July 2011.
At the meeting of Council, it was moved by Councillor Mallard, seconded by Councillor Hoff –
It is resolved that the recommendation in the report to the Planning Development and Transport Committee on 18 July 2011 be adopted, subject to the amendment of Condition (2), such that it read as follows:
(2) PLAN OF MANAGEMENT
The premises must be operated, managed and controlled at all times in accordance with the submitted ‘Plan of Management - Kirketon Road Centre – 180 Victoria Street, Potts Point’.
The Plan of Management may be amended from time to time following consultation with the Police and Council and with the written approval by the Director City Planning and Regulatory Services of the proposed amendments.
Notwithstanding the above, the Plan of Management must be reviewed in consultation with the Director City Planning and Regulatory Services after 12 months of the commencement of the use.
Carried unanimously.
The motion, as adopted by Council, is as follows:
It is resolved that consent be granted subject to the following conditions:
SCHEDULE 1A
Approved Development/Design Modifications/Covenants and Contributions/Use and Operation
Note: Some conditions in Schedule 1A are to be satisfied prior to construction and some are to be satisfied prior to issue of Occupation Certificate, where indicated.
(1) APPROVED DEVELOPMENT
(a) Development must be in accordance with Development Application No. D/2011/337 dated 11 March 2011 and the Statement of Environmental Effects prepared by Bokor Architecture and Interiors dated 4 March 2011 and drawing number A100 Rev B dated February 2011 and as amended by the conditions of this consent.
(b) In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.
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(2) PLAN OF MANAGEMENT
The premises must be operated, managed and controlled at all times in accordance with the submitted ‘Plan of Management - Kirketon Road Centre – 180 Victoria Street, Potts Point’.
The Plan of Management may be amended from time to time following consultation with the Police and Council and with the written approval by the Director City Planning and Regulatory Services of the proposed amendments.
Notwithstanding the above, the Plan of Management must be reviewed in consultation with the Director City Planning and Regulatory Services after 12 months of the commencement of the use.
(3) INCIDENT REGISTER
(a) An Incident Register must be kept to record any incidents that occur either on or in the immediate vicinity of the premises by clients of the service.
(b) The applicant is to regularly review the Incident Register and where considered necessary and possible, implement any reasonable preventative measures or management procedures to minimise the likelihood of similar incidents occurring in the future.
(c) Extracts from the Incident Register relating to the premises must be made available within 48 hours of a request for viewing at the request of Council Officers and/or the Police.
(4) USE OF REAR DOOR
All client access to the premises will be via the front door to Victoria Street. The rear door to the premises on Earl Street shall only be used by staff, for servicing the premises and for disabled access if required.
(5) HOURS OF OPERATION - MINOR DEVELOPMENT
Client access to the premises is restricted to between 1.30pm and 10.00pm, Monday to Sunday.
(6) DESIGN MODIFICATIONS
Modifications to the works must be made as follows:
(a) The new partition and door in the opening between the receptionist and clinic on the ground floor shall be designed such that:
(i) the existing transom light at the top of the opening is retained in situ and the new door and ‘infill wall’ being fitted below the existing transom; and
(ii) it is reversible so it can be moved at a later date with minimal damage to the transom light
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(b) The proposed new door in the ground floor hallway titled ‘new door with access control’ which appears to be located within the existing arch, is to be designed such that it does not damage the arch or its mouldings.
(c) The new sign on the glass of the front ground floor window is not approved and shall be limited to a small plaque sign adjoining the front door and shall be redesigned as follows:
(i) The sign is not to be more than 280mm wide and 400mm high;
(ii) Metals used on the sign are to the corrosion proof so that rust stains will not be caused to the wall surfaces;
(iii) Fixings into the wall are to be stainless steel or bronze, and where ever possible are to utilise mortar joints as the point of fixing;
(iv) Screw fixings with raw plugs, timber or plastic, are to be used;
(v) Spacers to hold the sign 10-30mm proud of wall surfaces are to be used;
(vi) The number of new penetrations to existing fabric is to be minimised.
(vii) No finishes are to be applied to the sign in situ.
The modifications are to be submitted to and approved by the Director City Planning and Regulatory Services prior to construction.
(7) GENERAL HERITAGE
(a) The proposed works are to be carried out in a manner that minimises demolition, alterations, and new penetrations/fixings to the significant fabric of the existing building which is listed as a Heritage Item;
(b) Experienced tradespersons (as appropriate) are to be commissioned who are skilled in traditional building and engineering trades to carry out the proposed scope of works.
(8) MATERIALS AND FINISHES TO MATCH EXISTING
All new external materials, finishes and works for making good to the terrace must match the existing original work.
(9) FACE BRICKWORK
The face brickwork to the façade is not to be rendered, painted or coated.
(10) NOISE – GENERAL
(a) The emission of noise associated with the use of the premises including the operation of any mechanical plant and equipment shall comply with the following criteria:
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(i) The LAeq, 15minute noise level emitted from the use must not exceed the background noise level LA90, 15minute by more than 5dB when assessed at the boundary of any affected residence.
(ii) The LAeq,15minute noise level shall be adjusted for modifying factors in accordance with Appendix 2 of the Noise Guide For Local Government published by DECCW.
(iii) The background noise level shall be measured in the absence of noise emitted from the use in accordance with Australian Standard AS 1055.1-1997-Description and measurement of environmental noise.
(iv) The use of the premises shall be controlled so that any emitted noise is at a level so as not to create an "offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any affected residence.
(b) An LAeq,15minute noise level emitted from the use must not exceed the LA90, 15minute noise level by more than 3dB in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) when assessed inside any habitable room of any affected adjoining residence provided that;
(i) Where the LA90, 15minute noise level is below the threshold of hearing Tf at any Octave Band Centre Frequency as defined in Table 1 of International Standard ISO 226 - Normal Equal- Loudness-Level Contours then the value of Tf corresponding to that Octave Band Centre Frequency shall be used instead.
(ii) The LAeq,15minute noise level and the LA90,15minute noise level shall both be measured with all external doors and windows of the affected residence closed;
(iii) The LA90,15minute noise level shall be measured in the absence of noise emitted from the use but with the (excluding air- conditioning equipment) normally servicing the affected residence operating.
(c) An LAeq,15minute noise level emitted from the use must not exceed the LA90, 15minute noise level by more than 3dB in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) when assessed inside any adjoining commercial premises provided that:
(i) The LAeq,15minute noise level and the LA90,15minute noise level shall both be measured with all external doors and windows of the commercial premises closed;
(ii) The LA90, 15minute noise level shall be measured in the absence of noise emitted from the use but with the ventilation equipment (including air-conditioning equipment) normally servicing the commercial premises operating.
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(d) The use of the premises shall be controlled so that any emitted noise is at a level so as not to create an "offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any affected residence.
(e) In this clause, the term “noise level emitted from the use” means the contributing noise level from the use in isolation to any other ambient noise and account must therefore be taken of the LAeq, 15minute when the use is not in operation.
(f) In circumstances where this development application refers to a modification or addition to an existing use, the background noise level referred to in this clause pertains to the LA90, 15minute noise level measured in the absence of all noise from the site.
SCHEDULE 1B
Prior to Commencement of Work/Health and Building
(11) ACCESS AND FACILITIES FOR PERSONS WITH DISABILITIES
The building must be designed and constructed to provide access and facilities for people with a disability in accordance with the Building Code of Australia and the City of Sydney Access DCP 2004. If this is not possible, an alternative solution must be submitted to and approved by the Director City Planning and Regulatory Services prior to construction commencing.
If, in complying with this condition, amendments to the development are required, the design changes must be submitted to and approved by the Director City Planning and Regulatory Services prior to construction commencing.
(12) ASBESTOS REMOVAL
(13) ASBESTOS REMOVAL SIGNAGE
(14) CLASSIFICATION OF WASTE
(15) DISPOSAL OF ASBESTOS
(16) NOTIFICATION OF ASBESTOS REMOVAL
(17) PROHIBITION OF ASBESTOS RE-USE
(18) SIGNAGE LOCATION AND DETAILS
(19) SKIPS AND BINS
(20) BCA - NEW BUILDINGS WORKS - CLASS 2-9 BUILDINGS
(21) COMPLIANCE WITH BUILDING CODE OF AUSTRALIA
(22) STRUCTURAL CERTIFICATION FOR DESIGN - BCA (ALL BUILDING CLASSES)
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(23) ACCESS FOR PERSONS WITH DISABILITIES - OFFICE / SHOP FITOUTS
(24) GLAZING - COMPLIANCE WITH AUSTRALIAN STANDARD
(25) MECHANICAL VENTILATION
(a) The premises must be ventilated in accordance with the Building Code of Australia and AS1668.1-1998 and AS1668.2-1991.
(b) Details of any mechanical ventilation and/or air conditioning system complying with AS1668.1-1998 and AS1668.2-1991, the Building Code of Australia and relevant Australian Standards must be prepared by a suitably qualified person certified and certified in accordance with Clause A2.2(a)(iii) of the Building Code of Australia, to the satisfaction of the Certifying Authority prior to construction commencing.
(c) Prior to issue of an Occupation Certificate and following the completion, installation, and testing of all the mechanical ventilation systems, a Mechanical Ventilation Certificate of Completion and Performance in accordance with Clause A2.2(a)(iii) of the Building Code of Australia, must be submitted to the Principal Certifying Authority.
(26) LOCATION OF HAND WASH BASINS
Floor plans depicting the location of hand wash basins in each treatment room must be submitted to the Director City Planning and Regulatory Services prior to construction commencing.
(27) SHARPS WASTE DISPOSAL EQUIPMENT
(28) SHARPS WASTE MANAGEMENT CONTRACT
(29) SHARPS WASTE MANAGEMENT PLAN
(a) Procedures for sharps waste disposal and responding to needle stick injury must be included in the plan of management, displayed in a staff area, and displayed in a designated sharps waste storage space.
(b) The operator must maintain, and provide to Council upon request, evidence that all key staff are trained in sharps disposal and needle stick injury procedures.
(c) In order to minimise the likelihood of needle stick injury staff must never touch or handle used syringes, needles and other injecting equipment returned to the premise.
(d) Used needles, syringes and associated injecting equipment and/or disposal containers must be deposited directly into a sharps waste container by the client.
(e) Staff must never hold a sharps container while a client is placing used needles and syringes and or associate injecting equipment into it.
(f) All sharps waste handling procedures must be in accordance with NSW Health Guidelines for Needle and Syringe Programs (2006) and NSW Health Infection Control Policy.
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(30) SHARPS WASTE STORAGE
(31) BARRICADE PERMIT
(32) CONSTRUCTION AND FITOUT - SKIN PENETRATION
(33) CONTINUED PERFORMANCE OF MECHANICAL VENTILATION
(34) WASTE AND RECYCLING MANAGEMENT - MINOR
SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(35) HOURS OF WORK AND NOISE – OUTSIDE CBD
(36) USE OF INTRUSIVE APPLIANCES – NOT APPROVED
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” .
A separate Section 96 Development Application must be submitted to the Council for the use of any equipment 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.
(37) OCCUPATION CERTIFICATE TO BE SUBMITTED
(38) LOADING AND UNLOADING DURING CONSTRUCTION
(39) NO OBSTRUCTION OF PUBLIC WAY
SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000 apply to the development.
Speakers
Mr Mark Windass, Mr Keith McConnell, Mr David Allan, Mr Andrew Woodhouse, Ms Jo Holder and Ms Ingrid van Beek addressed the meeting of the Planning Development and Transport Committee (Development Assessment Sub-Committee) on Item 9.15.
ITEM 9.16
DEVELOPMENT APPLICATION: 53 FORSYTH STREET GLEBE - WALTER BURLEY GRIFFIN INCINERATOR (D/2010/1224)
The Development Assessment Sub-Committee decided that consideration of this matter be deferred to the meeting of Council on 25 July 2011.
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At the meeting of Council, it was moved by Councillor Mallard, seconded by Councillor McInerney –
It is resolved that:
(A) consent be granted, subject to the following conditions:
SCHEDULE 1A
Approved Development/Design Modifications/Covenants and Contributions/Use and Operation
Note: Some conditions in Schedule 1A 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.
(1) APPROVED DEVELOPMENT
(a) Development must be in accordance with Development Application No. D/2010/1224 dated 5 August 2010 and the Statement of Environmental Effects prepared by Urbis, dated 30 August 2010, the following plans and the attached documentation, and as amended by the conditions of this consent.
Drawing No. Drawing Title Date Architect/Engineer A-W-02-01/1 Heritage Precinct, 27.07.03 SJB/Australand Floor Plan, Ground Level
(b) In the event of any inconsistency between the approved plans, Statement of Environment Effects, and supplementary documentation, the following conditions of consent will prevail.
SCHEDULE 1B
Prior to Construction Certificate/Commencement of Work/Health and Building
Note: Prior to the issue of the Construction Certificate, sufficient information must be forwarded to the certifying authority (whether Council or a private accredited certifier) illustrating compliance with the relevant requirements of the Building Code of Australia (and a copy forwarded to Council where Council is not the certifying authority). If Council is to be the certifying authority, please contact the Building Unit to discuss the requirements prior to submission of the application for construction certificate.
(2) PLAN OF MANAGEMENT TO BE SUBMITTED AND APPROVED
(a) A Plan of Management must be prepared to address all operational and management procedures to be employed, to ensure that the premises can operate without disturbance to the surrounding locality.
(b) The plan must include but not restricted to; compliance with all other operational conditions of this consent; hours of operation; noise; security management; and handling complaints.
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(c) The plan must be submitted to and approved by Council prior to the commencement of works.
(3) BARRICADE PERMIT
Where construction/building works require the use of a public place including a road or footpath, approval under Section 138 of the Roads 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 1C
During Construction/Prior to Occupation/Completion
Note: Prior to the issue of the Occupation Certificate, sufficient information must be forwarded to the certifying authority where required (whether Council or a private accredited certifier) illustrating compliance with the relevant requirements of the Building Code of Australia (and a copy forwarded to Council where Council is not the certifying authority). If Council is to be the certifying authority, please contact the Building Unit to discuss the requirements prior to submission of the application for occupation certificate.
(4) ASSOCIATED ROADWAY COSTS
Should any damage during construction occur to the roadway, all costs associated with the construction of any new road works, including kerb and gutter, road pavement, drainage system and footway, shall be borne by the Applicant. The new road works must be designed and constructed in accordance with the City’s “Development Specification for Civil Design and Construction”.
(5) LOADING AND UNLOADING DURING CONSTRUCTION
The following requirements apply:
(a) All loading and unloading associated with construction activity must be accommodated on site.
(b) A Works Zone may be required if loading and unloading is not possible on site. If a Works Zone is warranted an application must be made to Council at least 8 weeks prior to commencement of work on the site. An approval for a Works Zone may be given for a specific period and certain hours of the days to meet the particular need for the site for such facilities at various stages of construction. The approval will be reviewed periodically for any adjustment necessitated by the progress of the construction activity.
(6) NO OBSTRUCTION OF PUBLIC WAY
The public way must not be obstructed by any material, vehicles, refuse, skips or the like, under any circumstances. Non-compliance with this requirement will result in the issue of a notice by Council to stop all work on site.
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(7) WASTE MANAGEMENT
(a) A Waste Management Plan is to be prepared in accordance with Leichhardt DCP No 38: Waste – Avoid, Reuse, Recycle.
(b) The proposal must comply with the relevant provisions of Council’s Policy for Waste Minimisation in New Developments 2005 which requires facilities to minimise and manage waste and recycling generated by the proposal.
(8) ANNUAL FIRE SAFETY STATEMENT FORM
An annual Fire Safety Statement must be given to Council and the NSW Fire Brigade commencing within 12 months after the date on which the initial Interim/Final Fire Safety Certificate is issued or the use commencing, whichever is earlier.
(9) FIRE SAFETY WORKS REQUIRED
(a) The following Fire Safety upgrade works are required prior to the use of the building as a community venue for hire:
(i) The external exit stair shall be provided with emergency lighting complying with the requirements of Part E4 of the BCA and AS 2293.1;
(ii) The final exit doors to the building shall be fitted with a device for holding the exit door in the open position [one set of exit doors are sufficient] in accordance with the requirements of D2.20 of the BCA.
(iii) The existing exit signs shall be entered onto the building’s fire safety schedule and shall comply with the requirements of Part E4 of the BCA and AS 2293.1.
(iv) The metal sliding security doors shall be kept locked in the open position when the building is lawfully occupied.
(v) That all latching and locking devices shall be removed from the exit door, and the doors in the path of travel to the exit (balcony door). These doors shall be provided with a suitable single hand downward action opening device complying with the requirements of D2.21 of the BCA.
(vi) The requirements of Conditions (i), (ii), (iii) and (iv) above shall be certified under a final Fire Safety Certificate. The Final Fire Safety Certificate shall be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate.
(10) BUILDING CODE OF AUSTRALIA
The facility is to be consistent with Building Code of Australia standards as relevant to the use of the facility as a community venue.
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SCHEDULE 1D
During Occupation
(11) VENUE CAPACITY
The venue will have a maximum capacity of 20 persons.
(12) NEIGHBOURHOOD AMENITY
(a) Signs must be placed in clearly visible positions in the venue, requesting patrons upon leaving the premises, to do so quickly and quietly, having regard to maintaining the amenity of the area.
(b) The hirer must ensure that the behaviour of visitors/users entering and leaving the premises does not detrimentally affect the amenity of the neighbourhood. In this regard, the hirer must be responsible for the control of noise and litter generated by users of the facility and must ensure that users leave the vicinity of the facility in an orderly manner.
(13) NOISE
(a) The use of the premise must not be controlled so that any emitted noise is at a level so as not to create “offensive noise” as defined in the Protection of the Environment Operations Act 1997 to any affected receiver.
(b) Amplified noise is not permitted on the premises.
(14) NO SPRUIKING/AMPLIFIED NOISE
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 generated within privately owned land must not be audible on Council’s footpath adjoining the subject property.
(15) NO FOOD PREPARATION
A separate development application must be submitted to Council prior to engaging any activities associated with the handing of food intended for sale and/or the sale of food in accordance with the definitions contained within the Food Act 2003.
(16) NOISE – MECHANICAL PLANT AND EQUIPMENT
Noise associated with the use of mechanical plant and equipment must not give rise to any one or more of the following:
(a) Transmission of “offensive noise” as defined in the Protection of the Environment Operations Act 1997 to any affected receiver.
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(b) A sound pressure level at the boundary of any affected receiver that exceeds the background (LA90, 15minutes) noise level by more than 5dB. The background noise level must be measured in the absence of noise emitted from the use in accordance with Australian Standard AS1055.
Note: The method of measurement of vibration being carried out in accordance with “Assessing Vibration; Technical Guidelines” – DEC (EPA) AS1055 for sound level measurements.
(17) DELIVERIES
Any deliveries to the site are restricted to between 8.00am and 6.00pm. No deliveries may be made outside of these hours.
(18) NO LIVE/AMPLIFIED MUSIC
The site shall not be used for any activity involving live music performance or amplified music.
(19) TRAVEL ACCESS GUIDE
(a) A Travel Access Guide (TAG) is to be made available to all potential hirers of the facility.
(b) The Travel Access Guide should include, but not be limited to:
(i) A map clearly illustrating the location of the facility, any bus routes, bus stops, rail lines and stations and taxi ranks within 1 kilometre of the site.
(ii) An outline of local bus routes with stops within 800 metres of the subject site. The outline should include the route number, key centre and interchange destinations and operating days and times.
(iii) An outline of light rail services, including location of nearest light rail station, key centre and interchange destinations and operating days and times.
(iv) Contact information of local taxi service operators.
(v) Advise that there is no allocated parking for the facility, and it is highly recommended that users either walk or use public transport to get to the facility.
(20) HOURS OF OPERATION
(a) The facility may only be available for use between 9.00am and 10.00pm between Monday and Saturday and on Sunday between 9.00am and 6.00pm.
(b) Council’s consideration of any future applications to extend the hours of operation will be based on, among other things, the performance of the venue in relation to compliance with development consent conditions, any complaints received and any views expressed by the police, as relevant.
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(21) USE OF LOWER LEVEL STORAGE AREA
Use of the Lower Level Storage Area is not permitted as part of the use of the building as a community venue for hire.
SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000 apply to the development.
Clause 98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989
Clause 98A Erection of signs
Clause 98B Home Building Act 1989 requirements
Clause 98C Conditions relating to entertainment venues
Clause 98D Conditions relating to maximum capacity signage
Clause 98E Conditions relating to shoring and adequacy of adjoining property.
Refer to NSW State legislation for full text of the clauses under Division 8A of the Environmental Planning and Assessment Regulation 2000. This can be accessed at: www.legislation.nsw.gov.au.
(B) note that a future application for 40 people will require works to comply with the BCA, and consultation with Council’s Heritage Specialist and interest groups, including the Glebe Society and the Walter Burley Griffin Society. This can be subject to a future Section 96 application, which will be notified/advertised accordingly.
Variation. At the request of Councillor McInerney, and by consent, the motion was varied by the deletion of clause (B) and the substitution of the following new clause (B):
(B) the Chief Executive Officer be requested to investigate the potential to increase the venue capacity to 40 people and note that this may require a future Section 96 application, works to comply with the BCA, and consultation with Council’s Heritage Specialist and interest groups, including the Glebe Society and the Walter Burley Griffin Society.
The motion, as varied by consent, was carried unanimously.
Speakers
Ms Jan Wilson and Mr Bruce Davis addressed the meeting of the Planning Development and Transport Committee (Development Assessment Sub-Committee) on Item 9.16.
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ITEM 10 REPORT ON CITY BIODIVERSITY SUMMIT AND NAGOYA SISTER CITIES FESTIVAL – OCTOBER 2010 (S061665)
Moved by Councillor Doutney, seconded by Councillor Harris -
It is resolved that Council note the Report from Nagoya Conference on Biodiversity by Councillor Irene Doutney, as shown at Attachment A to the subject report.
Carried unanimously.
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ITEM 11 QUESTIONS ON NOTICE
SMOKE-FREE FOOTPATH(S) IN KING ST NEWTOWN (S063648)
1. By Councillor Burgmann
Question
Does Council have plans to resolve the anomaly in King Street Newtown where one side of the street is smoke-free, but the other (City of Sydney) side allows smoking on the footpath?
How do local businesses regard this situation?
Answer by the Lord Mayor
Marrickville Council has created the prohibition of smoking a condition of outdoor dining footway licenses. Marrickville Council’s Smoke-free Outdoor Environments Policy states:
“From 1 July 2011, smoking is no longer acceptable in the following areas: no smoking at outdoor dining venues on public footpaths or at outdoor dining venues on other public lands controlled by Council no smoking within 10 metres of any bus stop in a public place.”
The role of Marrickville Council in regulating smoking on King Street is supplying signs to businesses with footway licences and investigating non-compliance as well as establishing smoke-free areas within ten metres of bus stops.
The Newtown Precinct Business Association ran a survey in the months leading up to the Marrickville Council decision and found that Newtown businesses are divided on this issue.
Councils may only establish a whole street as smoke-free by installing ordinance signs at regular intervals.
Smoking is regulated by NSW Health which has implemented successful legislation for managing smoking indoors. In January 2011, the City made a submission to NSW Health’s Strategic Directions for Tobacco Control 2011-2016, requesting uniform measures across NSW to manage smoking in the public domain, and to address the prevalence of smoking among socially disadvantaged communities and culturally and linguistically diverse communities.
The King Street example demonstrates the need for a consistent approach so that people are not expected to apply different rules for each local government area. Outdoor smoking policy requires state government action through consistent legislation.
The City will continue to advocate to state government to apply legislation to manage smoking outdoors. This will allow for a consistent approach throughout all local government areas and ensure the responsibility is placed on the person smoking, not the operator of a business.
Staff are developing a draft policy to address smoking in the public domain for Council’s consideration in the near future.
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PARKING STRESS – LACK OF OFF-STREET PARKING IN NEW BUILDING DEVELOPMENTS (S063648)
2. By Councillor Burgmann
Question
When Council approves new building developments with no off-street parking, or less than the maximum permitted, how can Council ensure that the new occupants of these developments (and their visitors) are car-less, and are not simply competing with existing residents for scarce on-street parking?
Are audits conducted?
In buildings without off-street parking spaces, do real estate agents advise potential buyers and renters that they and their visitors may not be eligible for a Council residential parking permit?
How can Council establish whether its policy of not approving the maximum number of off-street spaces permitted under the controls is in fact discouraging car-use and reducing the number of car journeys made in the city?
Answer by the Lord Mayor
The City of Sydney has very low car ownership rates with some villages having the lowest rates in urban Australia, for example, Haymarket and Kings Cross. We also have very high rates of people using public transport, walking and cycling, with only 15 per cent of commuting trips to the City by motor vehicle. Despite that, there is significant competition for limited on-street parking and the City must balance the needs of residents, business and visitors. In a number of resident parking permit zones there are more permits issued than available on-street parking spaces.
Traffic congestion is having severe economic consequences for the city, with last year’s State of Australian Cities report projecting an avoidable congestion cost for Sydney of $4.8 billion dollars – up from $3.5 billion in 2005. The projection for Sydney in 2020 is closer to $8 billion if we don’t take urgent action to reduce the number of cars on our streets.
Permit parking schemes are used throughout the City’s neighbourhoods to manage on- street parking. Under these schemes, vehicles displaying parking permits can park for an unlimited time within a certain zone, while other vehicles must adhere to time limits.
Since 1996, residents of new multi-unit developments have not been eligible for residential parking permits so car-owning residents of these dwellings, and their visitors, cannot park on-street for longer than the sign-posted time limits without the risk of infringement. The inconvenience and cost of complying with short time limits in permit parking zones means that few residents who are ineligible for parking permits attempt to park on-street.
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During the development application process, applicants are required to undertake a Traffic Impact Study where there are more than 25 units or if the City believes there is likely to be a significant local traffic and parking impact. In existing built up areas, there is usually little opportunity to change existing permit conditions and the standard consent conditions apply regarding permits. In newly developed areas, such as Green Square, the local parking conditions are reviewed prior to development and a parking strategy determined to ensure sufficient car parking without encouraging unsustainable levels of car use.
It is worth noting that not having parking can save a unit owner in the vicinity of $50,000 to $70,000 on the capital cost of a new apartment. The capital saving is attractive to buyers and makes it easier for them to enter the market. Given low car-ownership rates in the City, many car-spaces, particularly in new buildings, are not used by the owners, and are sometimes illegally sub-leased to commuters or other residents. Without changes to the strata management scheme, parking cannot legitimately be separately titled to enable owners to realise the value of under-utilised parking spaces.
When the City applies the standard consent condition making residents of new multi-unit dwellings ineligible for parking permits, it is a condition of development consent that prospective buyers and tenants of new multi-unit developments are informed of their ineligibility to participate in the permit parking scheme. Section 149 certificates issued by the City to prospective purchasers also include advice on eligibility for parking permits. If a purchaser or tenant feels that they have not been fully advised, they can seek recourse legally.
Competition for on-street parking in the City’s neighbourhoods is not necessarily driven by new development. Household vehicle ownership is growing fastest in neighbourhoods such as Newtown and Erskineville, which have not been a focus of substantial residential population growth or increased densities, but which have experienced significant demographic change and rising incomes over the past decade.
Providing transport alternatives is a necessary response to growing problems with congestion and an ageing and inadequate transport infrastructure. It also promotes better health and a cleaner, calmer, less polluted city with fewer frustrated motorists succumbing to road rage.
The City’s work continues to focus on delivering transport options to reduce congestion and parking demand. The Car Sharing program now has more than 7,000 resident and business members within the City of Sydney, sharing approximately 285 vehicles throughout our neighbourhoods. This is a practical and affordable alternative to car ownership for residents who need to drive occasionally. The cycleways program has delivered nearly 10km of high-quality alternative transport infrastructure. Similar investment in traffic calming and streetscapes has improved conditions for walking, with construction of more than 10 new pedestrian crossings, in addition to new kerb extensions, footpath improvements and shared zones.
The City is also working cooperatively with the NSW Government to improve public transport. In addition to cooperating on the development of light rail on George Street, the City has made changes to reduce bus congestion in Wynyard, to improve bus reliability and service frequency in Woolloomooloo, and to cater for introduction of higher-capacity buses on King Street and Parramatta Road. Staff are also cooperating with Sydney Buses to enable modern low-floor buses to be introduced on the 355 route through Erskineville, Waterloo and Redfern.
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Continued investment in public transport, walking, cycling and car sharing will ensure real transport options are available for both existing and new residents, and reduce parking and traffic pressure.
ADEQUACY OF DISABILITY PARKING PLACES ON MAJOR SHOPPING STRIPS (S063648)
3. By Councillor Burgmann
Question
In May 2009 and March 2010 I asked Questions on Notice concerning Disability Parking and was advised that an overall Parking Strategy would be developed by Council, including an Audit of Disability Parking.
Could Council advise the results of the Disability Parking Audit?
Could Council advise how many dedicated Disability Parking spaces and other parking spaces have been lost due to the construction of the city’s Cycleways?
How many Disability Parking spaces lost due to the Cycleways have been reinstated in nearby city streets to ensure drivers with disabilities are not disadvantaged?
Answer by the Lord Mayor
The Chief Executive Officer informs me that the Disability Parking Audit is completed for each location, with compliance auditing still to be completed. There are 259 marked accessible parking bays throughout the LGA, and information on all accessible parking spaces is on the City of Sydney’s website. While the compliance audit is not yet complete, many of the 259 spaces are not compliant with the current Australian guidelines. Due to our narrow streets, the bays cannot be made as wide as required, but they are still viable for people with a disability. Due to these physical constraints, we are still negotiating with the State about retaining and installing accessible parking spaces that do not meet the standards. Once this is resolved, we will be able to process new requests quickly. As a result of cycleway construction, only one accessible space has been permanently lost on Kent Street in the Central Business District, while eleven spaces were relocated reinstated or retained.
BICYCLE STRATEGY ADVERTISING AND PUBLIC RELATIONS (S063653)
4. By Councillor Mallard
Question
Could Council be provided with the following information in relation to the Bicycle Strategy Advertising and Public Relations activities?
1. The details for all advertising schedules, including expenditure, broken down by publications and radio stations for the months of February, March and April 2011.
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2. Was there any external public relations expenditure on the bicycle strategy for this period? If so, what are the details?
Answer by the Lord Mayor
On 6 December 2010, Council endorsed the immediate implementation selected Streetshare Projects, particularly promotional, education and social projects to encourage bike riding as the cycleways are implemented, and specifically address behaviour and safety concerns. In particular, these projects aim to maximise the uptake of the network by the community and encourage bicycle riders, pedestrians and motorists to interact more considerately and safely.
Council unanimously approved an additional $500,000 from General Contingency to supplement existing community information budgets in the 2010-2011 financial year to enable this work to commence immediately.
The education program supporting behavioural change on safety, courtesy and awareness of the cycle ways began in February as soon as material was developed.
1. Expenditure on promotional materials for this educational program between February and June was:
Print – $136,538 Radio – $122,690 JCDecaux City Light posters and timetables - $88,697 Bus back packages - $62,900 Video Production (for websites, educational programs etc) - $67,155 Event Logistics - $57, 813
This educational expenditure was allocated to the Streetshare Projects behavioural change campaign to alert cyclists on safety, consideration of others – particularly respect for pedestrians, bell use, speed control and duty of care responsibilities, particularly in relation to shared pathways.
Print material appeared in The Daily Telegraph, MX, The Sydney Morning Herald, Central, Inner West Courier, Wentworth Courier, City News, Sydney Star Observer, and SX.
Radio content was aired on networks including 2UE, 2GB, 2DayFM, Triple M, and the Australian Traffic Network.
2. External public relations expenditure associated with Streetshare Projects, which focused on the promotion of safe cycling generally, was allocated to:
Cycling Ambassador external event fees - $4,545 Printing of stickers and maps - $19,200 Photography - $400 (Ride to School Day) Shared Path documentation - $2,100 Incentive/encouragement items (eg, free bells, chocolate bars, bells) - $1,329.
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Note. At the meeting of Council, Councillor Mallard asked the following Question on Notice to be included in the Business Paper for Council on 22 August 2011:
BICYCLE STRATEGY ADVERTISING AND PUBLIC RELATIONS (S063653)
Could Council be provided with the details for all advertising schedules, including expenditure, broken down by publications and radio stations for the three months of February, March and April 2011?
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ITEM 12 SUPPLEMENTARY ANSWERS TO PREVIOUS QUESTIONS
Supplementary Answers to Questions on Notice and Questions without Notice are as follows:
Question on Notice - Council 15 March 2010
RELATIONSHIP REGISTER (S063647)
1. By Councillor Black
Question
Following the announcement by the NSW Attorney-General on Tuesday 23 February 2010, that the NSW Government will be introducing legislation to create a Relationships Register to make it easier for couples to prove they are in committed or de facto relationships and access legal entitlements, can Councillors be informed about the effects of the proposed State Government’s Register on the City of Sydney’s existing Relationship Register?
Answer by the Lord Mayor
The NSW Government has not released a draft Bill so impacts on the City of Sydney’s Relationships Declaration Program are not yet clear. I have asked the CEO to update Councillors when specific information is available.
According to the press release in February 2010, the NSW Government intends to create a Relationships Register where: . couples must be in a committed, exclusive relationship; . couples must not be married or in another relationship that is registered or registerable; . couples must be 18 years of age or older; and . one person must be a resident of NSW.
When enacted, this would make it easier for committed unmarried couples to access legal entitlements (particularly relating to Property) and prove they are in committed or de facto relationships. The NSW Register will probably be modelled on key aspects of registers already in place in the ACT, Victoria and Tasmania.
The Government will amend the Births, Deaths and Marriages Registration Act 1995, the Property (Relationships) Act 1984 and other legislation to implement the register. The Register will be managed by the NSW Registry of Births Deaths & Marriages.
The City’s Relationship Declaration Program does not confer legal rights on couples making a relationship declaration, but provide couples with evidence that they are in a relationship.
The City of Sydney’s Relationships Declaration Program is more than a relationships register. The program enables people in both same-sex and mixed-sex couples relationships, including overseas residents, to make a declaration: that they are in a relationship; how long they have been in a relationship; and that they are mutually committed to a shared life together.
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The City’s “relationship register” is the formal record of couples who have made declarations and the declarations they have made.
Couples have the option of making their declarations privately or holding a ceremony to celebrate their declaration, often with friends and family present, and they often hire City’s venues.
As Member for Sydney, I will review the Government’s legislation to ensure it improves legal recognition for same sex relationships, and that at a minimum, registration of a relationship is all that is needed for the relationship to be legally recognised.
In September 1997 I introduced a private members bill, the Significant Personal Relationships Bill, which provided for comprehensive legal recognition of close personal relationships, including same-sex relationships. This Bill became a model for legislation introduced into the Tasmanian Parliament and has been commended by the Victorian Equal Opportunity Commission.
As Lord Mayor and State MP, I have worked for equal rights, entitlements and responsibilities for same sex relationships and have also lobbied the Federal Government to allow all adult couples making a life commitment to marry if they wish.
Supplementary Answer
Since the NSW Relationships Register commenced on 1 July 2010 applicants clearly show a preference for the new scheme:
NSW Relationship Register City Relationship Declaration Program
1237 registrations 17 declarations
30% same sex 30% same sex
70% mixed sex 70% mixed sex
The officer responsible for processing Relationship Declarations for the City reports that the majority of new applicants want documentary proof for Visa applications and once informed about the NSW Register withdraw their applications. The Immigration Office confirms that they refer applicants in de-facto and same sex relationships to the NSW Relationship Register for documentary support in Visa applications.
The City started the Declaration Program in 2005 to assist couples, especially same sex couples, to register their committed relationship. As the vast majority of applicants want legal recognition of their relationship they are better served by the NSW Register which is well resourced by the Registry of Births, Deaths and Marriages.
Staff recommend the City’s Declaration Program cease operation from 1 August 2011.
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ITEM 13 NOTICES OF MOTION
MAIL SECURITY IN RESIDENTIAL FLAT BUILDINGS (S063673)
1. Moved by Councillor Tornai, seconded by Councillor Mallard -
It is resolved that Council:
(A) note that the City’s Standard Conditions of Consent require letterboxes in residential flat buildings to be accessible from the public way and this exposes residents of those buildings to identity theft and subsequent fraud with a significant cost to residents and business;
(B) note that a potential simple and effective way to reduce identify theft and fraud is for residential flat buildings to have letterboxes located within internal and secured areas of a residential flat building; and
(C) request the Chief Executive Officer to investigate a new development control for inclusion in the City Plan DCP and a new standard condition of consent that requires letterboxes in new residential flat buildings to be:
(i) located within the interior of the building and secured from any publicly accessible area of the building; and
(ii) provided with security systems that restrict access letterbox access to residents and Australia Post.
The motion was lost on the following show of hands –
Ayes (2) Councillors Mallard and Tornai.
Noes (8) The Lord Mayor, Councillors Black, Burgmann, Doutney, Harris, Hoff, Kok and McInerney.
Motion lost.
CARBON TAX (S063668)
2. By Councillor Harris
It is resolved that:
(A) Council congratulate the members of the Federal Government multi-party climate change committee, comprising Greens, Labor and Independent members, on reaching agreement on a carbon tax and that the Lord Mayor write to the Prime Minister on behalf of Council expressing support for the move;
(B) Council note:
(i) that the NSW Business Chamber has funded advertising to encourage Members of Parliament to veto or water down carbon abatement plans and numerous other business organisations are considering similar moves; and
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(ii) City of Sydney’s admirable record of ethical procurement, in particular, its various policy positions considering the environmental and social impact of organisations prior to making decisions on whether to conduct business with them; and
(C) as an extension on its ethical procurement policy, Council not purchase goods or services or accept tenders from, and not enter into contracts with, companies that directly or indirectly fund such campaigns, including through membership of organisations that fund such campaigns, unless such companies publically recant the positions advanced in the campaigns.
Note. At the meeting of Council, the content of the original Notice of Motion was varied. Subsequently, it was –
Moved by Councillor Harris, seconded by Councillor Doutney -
It is resolved that Council:
(A) congratulate the members of the Federal Government multi-party climate change committee, comprising Greens, Labor and Independent members, on reaching agreement on placing a price on carbon and that the Lord Mayor write to the Prime Minister on behalf of Council expressing support for the move;
(B) note:
(i) the anti-carbon tax (sic) position of the NSW Business Chamber and Australian Trade and Industry Alliance is inconsistent with the 2030 vision for the City of Sydney;
(ii) the City of Sydney is a member of the NSW Business Chamber and contributes $5,800 of ratepayers’ funds to maintain that membership at the same time as the NSW Business Chamber invests funds in advertising their position; and
(iii) the NSW Business Chamber claims to represent the views of its members although there appears to have been no consultation with the City of Sydney;
(C) request that the Chief Executive Officer:
(i) urgently write to the NSW Business Chamber and express the City’s opposition to an advertising campaign seeking to undermine efforts to put a price on carbon;
(ii) ask the Chamber to clarify which of its member organisations, if any, it consulted before resolving to fund this campaign;
(iii) request details of how much in members’ funds is planned to be spent on anti-carbon price advertising;
(iv) request that the Chamber immediately cease expenditure of members’ funds on an anti-carbon price advertising campaign; and
(vi) seek a prompt response in time for the next Council meeting;
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(D) request that the Lord Mayor issue public statements setting out the City of Sydney’s opposition to the Chamber’s advertising campaign and use Council media resources as appropriate to further publicise this position; and
(E) request that the CEO prepare a report for the next Council meeting outlining the Chamber’s response.
Variation. At the request of Councillor Black, and by consent, the motion was varied as follows –
• by the deletion of clauses (D) and (E);
• by the deletion of clause (C)(iv), and the subsequent renumbering of clause (C)(v) to (C)(iv); and
• clause (C)(iv) reading as follows:
(iv) seek a response in time for a report to the next Council meeting;
The motion, as varied by consent, was carried on the following show of hands –
Ayes (6) Councillors Black, Burgmann, Doutney, Harris, Hoff and McInerney.
Noes (4) The Lord Mayor, Councillors Kok, Mallard and Tornai.
The motion, as adopted by Council, is as follows:
It is resolved that Council:
(A) congratulate the members of the Federal Government multi-party climate change committee, comprising Greens, Labor and Independent members, on reaching agreement on placing a price on carbon and that the Lord Mayor write to the Prime Minister on behalf of Council expressing support for the move;
(B) note:
(i) the anti-carbon tax (sic) position of the NSW Business Chamber and Australian Trade and Industry Alliance is inconsistent with the 2030 vision for the City of Sydney;
(ii) the City of Sydney is a member of the NSW Business Chamber and contributes $5,800 of ratepayers’ funds to maintain that membership at the same time as the NSW Business Chamber invests funds in advertising their position; and
(iii) the NSW Business Chamber claims to represent the views of its members although there appears to have been no consultation with the City of Sydney; and
(C) request that the Chief Executive Officer:
(i) urgently write to the NSW Business Chamber and express the City’s opposition to an advertising campaign seeking to undermine efforts to put a price on carbon;
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(ii) ask the Chamber to clarify which of its member organisations, if any, it consulted before resolving to fund this campaign;
(iii) request details of how much in members’ funds is planned to be spent on anti-carbon price advertising; and
(iv) seek a response in time for a report to the next Council meeting.
Extension of Time
During discussion on this matter, pursuant to the provisions of Clause 250(3) of the Local Government (General) Regulation 2005, it was –
Moved by the Chair (the Lord Mayor), seconded by Councillor Doutney –
That Councillor Harris be granted an extension of time to speak on this matter.
Carried.
FLYING FOXES (FRUIT BATS) – PROTOCOLS FOR MANAGING THE HENDRA VIRUS IN THE CITY OF SYDNEY (S063666)
3. By Councillor Burgmann
It is resolved that Council:
(A) note that four Australians, including two vets, have recently died of the Hendra virus;
(B) note that Hendra virus could potentially occur wherever there are fruit bats and, as humans move into bat environments and bats adapt to sharing man-made environments, the opportunities for transmission of infections increase;
(C) consider developing protocols for managing the Hendra virus should outbreaks occur in the city in areas frequented by fruit bats, and consult with the Royal Botanic Gardens, NSW Health and NSW Department of Primary Industries on ways to minimise the risk to humans and pets; and
(D) consider restricting new plantings of fig trees in streets and parks until a vaccine becomes available.
Note. At the meeting of Council, the content of the original Notice of Motion was varied. Subsequently, it was –
Moved by Councillor Burgmann, seconded by Councillor Tornai –
(A) note that four Australians, including two vets, have recently died of the Hendra virus; and
(B) consider developing protocols for managing the Hendra virus should outbreaks occur in the city in areas frequented by fruit bats, and consult with the Royal Botanic Gardens, NSW Health and NSW Department of Primary Industries on ways to minimise the risk to humans and pets.
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Variation. At the request of Councillor Harris, and by consent, the motion was varied in clause (A) by the deletion of the word “recently”.
The motion, as varied by consent, was lost on the following show of hands –
Ayes (2) Councillors Burgmann and Tornai.
Noes (8) The Lord Mayor, Councillors Black, Doutney, Harris, Hoff, Kok, Mallard and McInerney.
Motion lost.
USE OF ROADS FOR VEHICLE SALES AND CAMPING (S063672)
4. By Councillor McInerney
It is resolved that the following motion be submitted to the 2011 NSW Local Government Association Conference for its consideration:
That the Local Government Association request the NSW Government to legislate to ensure that Councils have sufficient powers to regulate the use of local roads to protect urban amenity, particularly in relation to:
(A) the sale of vehicles, where specific roads are used for this purpose over an extended period of time; and
(B) the use of local roads as camp sites, particularly where specific roads are used for this purpose over an extended period of time.
Note. At the meeting of Council, the content of the original Notice of Motion was varied. Subsequently, it was –
Moved by Councillor McInerney, seconded by the Chair (the Lord Mayor) –
It is resolved that the following motion be submitted to the 2011 NSW Local Government Association Conference for its consideration:
That the Local Government Association request the NSW Government to legislate to ensure that Councils have sufficient powers to regulate the use of local roads to protect urban amenity, particularly in relation to the sale of vehicles, where specific roads are used for this purpose over an extended period of time.
Carried unanimously.
LOCAL LAWS (S063672)
5. Moved by Councillor McInerney, seconded by Councillor Harris -
It is resolved that the following motion be submitted to the 2011 NSW Local Government Association Conference for its consideration:
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That the Local Government Association investigate amendments to the Local Government Act 1993 which would give councils the right to institute local laws, as is the case in many capital cities throughout Australia, eg, Melbourne.
Carried unanimously.
COAL SEAM GAS EXTRACTION (S063672)
6. Moved by Councillor McInerney, seconded by Councillor Harris -
It is resolved that the following motion be submitted to the 2011 NSW Local Government Association Conference for its consideration:
That the Local Government Association note: (A) the potential risks of coal seam gas extraction to NSW aquifers from the hydraulic fracturing (fracking) process used to access the gas; (B) the potential impacts on neighbouring properties, including residential and agricultural properties that rely on local aquifers for water supply; (C) the potential for town water supplies to be contaminated and for large volumes of waste water to be generated as a by-product of the extraction process; and (D) the potential for land subsidence; and therefore: (E) request that the NSW Government undertake an independent investigation into the full environmental and social impacts of coal seam gas exploration and extraction; and (F) request that the NSW Government ensure that: (i) all exploration licences for resource extraction comply with a long-term strategic plan for mining and areas excluded for mining; (ii) all approvals of exploration licences for resource extraction are subject to independent environmental assessment and over sight; and (iii) the relevant Council and community is notified and has at least 90 days to comment when the State Government is considering issuing exploration licences in their area.
Carried unanimously.
Business of which due notice had not been given
At this stage of the meeting, Councillor McInerney sought to introduce the following motion:
AUSGRID PILLARS AND SUBSTATION KIOSKS
It is resolved that the following motion be submitted to the 2011 NSW Local Government Association Conference for its consideration:
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That the NSW Government be requested to assist councils in their dealings with Ausgrid on the location and installation of Ausgrid pillars and substation kiosks. In particular, that concurrence of the affected council be required before any installation of above ground Ausgrid infrastructure is carried out in any local government area.
It was then moved by the Chair (the Lord Mayor), seconded by Councillor McInerney –
That the proposed motion, of which due notice had not been given, be considered at this meeting of Council.
Carried unanimously.
Note. Pursuant to the provisions of Clause 241(3) of the Local Government (General) Regulation 2005, the Chair (the Lord Mayor) ruled that this matter be dealt with as a matter or urgency at this meeting of Council.
It was then moved by Councillor McInerney, seconded by the Chair (the Lord Mayor) –
It is resolved that the following motion be submitted to the 2011 NSW Local Government Association Conference for its consideration:
That the NSW Government be requested to assist councils in their dealings with Ausgrid on the location and installation of Ausgrid pillars and substation kiosks. In particular, that concurrence of the affected council be required before any installation of above ground Ausgrid infrastructure is carried out in any local government area.
Carried unanimously.
At 8.31pm the meeting concluded.
Chair of a meeting of the Council of the City of Sydney held on 22 August 2011 at which meeting the signature herein was subscribed.