ordinary meeting no. 4263

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Ordinary Meeting No. 4263 23 February 2009 at 7.30pm Hunter’s Hill Council

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Page 1: Ordinary Meeting No. 4263

Ordinary Meeting No. 4263 23 February 2009 at 7.30pm

Hunter ’s H i l l C ounc i l

Page 2: Ordinary Meeting No. 4263

ORDER OF BUSINESS

Prayer Attendance, Apologies, Declarations of Interests A Confirmation of Minutes Civic Ceremonies B Mayoral Minutes & Reports Tabling of Petitions Addresses from the Public C Notice of Motions

(including Rescission Motions) Reports from Staff D Development & Environment E Public Works & Infrastructure F Finance & Administration G Customer & Community Services H General Manager J Committees K Correspondence L Delegates Reports M General Business N Questions With or Without Notice Z Council in Committee of the Whole

Page 3: Ordinary Meeting No. 4263

HUNTER’S HILL COUNCIL ORDINARY MEETING OF COUNCIL

4263 – 23 February 2009

INDEX

A – CONFIRMATION OF MINUTES

1. Confirmation of Minutes of Ordinary Meeting 4262 held 9 February 2009 .......... 1

D – DEVELOPMENT & ENVIRONMENT

1. 3 Woodward Road, Hunters Hill ................................................................................. 1 2. 16A Woolwich Road, Hunters Hill ............................................................................ 19 3. 12A & 12C Crescent Street, Hunters Hill ................................................................ 35 4. Delegated Authority ................................................................................................... 49

F – FINANCE & ADMINISTRATION

1. Summary of Council’s Investments as at 31 January 2009 ................................... 1

G – CUSTOMER & COMMUNITY SERVICES

1. Social Plan 2010 ........................................................................................................ 1

H – GENERAL MANAGER

1. Monthly Report on Outstanding Matters ................................................................... 1 2. Annual NSW Local Government & Shires Associations Conference – Tamworth 3 3. City/Regional Friendship Pact – Richmond Valley Council .................................... 5

J – COMMITTEE REPORTS

1. Minutes of Meeting of Le Vesinet Friendship Committee held 28 January 2009... 1 2. Report of General Purpose Inspections held on-site 09 February 2009 ............... 4 3. Report of Sustainability & Biodiversity Action Committee held 4 February 2009 .. 5 4. Minutes of the Ryde Hunters Hill Joint Library Service Advisory Committee

held 26 November 2008 ............................................................................................. 8

M – GENERAL BUSINESS

1. Meetings – Various Committees Of Council ........................................................... 1

Page 4: Ordinary Meeting No. 4263

A

Confirmation Of Minutes

Page 5: Ordinary Meeting No. 4263

A – Confirmation Of Minutes

4263 – 23 February 2009

Index 1. Confirmation of Minutes of Ordinary Meeting 4262 held 9 February 2009 1

..................................................... ......................................... Councillor Susan R. Hoopmann Barry Smith MAYOR GENERAL MANAGER

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Minutes of the Ordinary Meeting No.4262 held on 09 February, 2009 This is page

COMMENCEMENT The meeting opened with Prayer at 7.43pm. IN ATTENDANCE The Mayor Councillor Susan Hoopmann, Deputy Mayor Councillor Simon Frame, Councillors Peter Astridge, Richard Quinn, and Meredith Sheil. ALSO PRESENT The General Manager Barry Smith, the Manager Public Works and Infrastructure David Innes, the Manager Development and Environment Steve Kourepis and Administration Officer Jessica Quilty. APOLOGIES Apologies were received from Councillor Murray Butt and Councillor Ross Sheerin for leave of absence from Council meeting 4262, 09 February 2009. 1/09 RESOLVED on the motion of Clr Quinn, seconded Clr Astridge that the apologies be

accepted and leave of absence granted. DECLARATIONS OF INTEREST Councillor Hoopmann declared an interest in Item D4 - 9 Herberton Avenue, Hunters Hill, the interest being in relation to a non - pecuniary interest as a former owner of the property. CONFIRMATION OF MINUTES 2/09 RESOLVED on the motion of Clr Astridge, seconded Clr Sheil that the Minutes of

Ordinary Meeting No.4261held 8 December, 2008 be confirmed. MAYORAL MINUTES & REPORTS (Pages B1 – B5) SUSPENSION OF STANDING ORDERS 3/09 RESOLVED on the motion of Clr Quinn, seconded Clr Frame that items B3 and B4 be

brought forward for discussion. 3. SUPPLEMENTARY MAYORAL MINUTE - MESSAGE OF CONDOLENCE. THE

LATE GREGORY JOHN LARKIN Clr Quinn and Clr Astridge gave their sincerer condolences to Mr Larkin’s family and

stated what a value he was to the Hunters Hill community. 4/09 RESOLVED on the motion of Clr Quinn, seconded Clr Frame that the sincere

condolence of Council be forwarded to Mrs Gwen Larkin and her family, advising that the community has indeed lost a valuable member in the Late Gregory John Larkin, who will be sadly missed.

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4. SUPPLEMENTARY REPORT - VICTORIAN BUSHFIRES 5/09 RESOLVED on the motion of Clr Quinn, seconded Clr Sheil that:

1. Council donates $1,000 to the Victorian Bushfire Fund

2. Details of the Victorian Bushfire Fund and how to make donations are provided at Council offices and on the web site.

RESUMPTION OF STANDING ORDERS 6/09 RESOLVED on the motion of Clr Quinn, seconded Clr Frame that Standing Orders be

resumed. 1. HUNTERS HILL AUSTRALIA DAY AWARDS 7/09 RESOLVED on the motion of Clr Frame, seconded Clr Astridge that the

congratulations of the Council and staff for the 2009 Hunters Hill Citizens of the Year nominees be recorded in the Minutes and that the report be received and noted.

2. AUSTRALIA DAY CELEBRATIONS 8/09 RESOLVED on the motion of Clr Astridge, seconded Clr Sheil that

1. The report be received and noted.

2. Council record the appreciation for the assistance of:

Mr. Justin Herald - Australia Day Ambassador. Councillor Richard Quinn – Master of Ceremonies. Councillor Peter Astridge – Photographer. Mr. Ian Cox and Mr. Michael Hope for their dedication to Council events providing Musical accompaniment and song. Mr. Barry Smith – General Manager Hunter’s Hill Council. D Platoon of the Gladesville Fire Brigade. Hunters Hill SES. St. John Ambulance. 1st Hunters Hill and 1st Boronia Park Scouts under the leadership of Carl Spinks, Tony Atkinson and Philip Davidson. Council staff and everyone who participated or who, by their attendance as spectators, contributed to the success of this event.

3. SUPPLEMENTARY MAYORAL MINUTE. MESSAGE OF CONDOLENCE. THE

LATE GREGORY JOHN LARKIN T his item was brought forward and resolved via Minute No. 4/09

4. VICTORIAN BUSHFIRES

T his item was brought forward and resolved via Minute No.5/09

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REPORTS FROM STAFF DEVELOPMENT & ENVIRONMENT (Pages D1 – D91)

1. DA NO.08/1023 - 5 VERNON STREET, HUNTERS HILL PROCEEDINGS IN BRIEF Mr. John McMonnnies (Objector) and Mr. Chris King for Architect Heather Buttrose

& Assoc (for Owner) addressed the meeting on the subject matter. SUSPENSION OF STANDING ORDERS 9/09 RESOLVED on the motion of Clr Quinn, seconded Clr Frame that at 8.10pm, Standing

Orders be suspended to allow Councillors to view plans. RESUMPTION OF STANDING ORDERS 10/09 RESOLVED on the motion of Clr Astridge, seconded Clr Frame that at 8.15pm,

Standing Orders be resumed. 11/09 RESOLVED on the motion of Clr Quinn, seconded Clr Astridge that a “Deferred

commencement” consent be granted pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979. The development consent as contained in Schedule 2 shall not operate (or be issued) until such time as the matters contained in schedule 1 are finalised to the satisfaction of Council.

Schedule 1

1. The ground floor garage being stepped back a minimum of 1.5 metres to

de-emphasise the double door and to permit the cantilever of the study and its balcony at first floor level to create a hard shadow to the garage door.

2. The water level of the in-ground pool at the front of the site being reduced

to bring it down to RL 36.7m being the level of the existing pool to minimise loss of privacy to the residents to the east and to reduce the visual effects of a structure with a fence on top that would be excessively high out of the ground.

3. The three (3) existing trees located towards the front of the site along the

southern boundary being retained and specifically shown on the landscape plans for the site.

4. The opening in the Serpentine Road fence for the vehicular driveway being

reduced to a maximum of 3.5 metres and that the landscaping plan be further amended to provide for additional soft planting.

5. All glazed fencing and balustrading at the northern section of the site being

deleted and replaced by metal palisade type material.

6. Further formalisation of the details in the form of larger scale plans relating to the proposed fencing and balustrading in terms of the drawings is required for the consideration of Council’s Heritage Adviser.

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7. The submission to Council of 2 x A4 size boards including the actual materials including roof sheeting and colour chips are required to provide certainty for Council’s Heritage Adviser as to finished surface materials.

8. The fencing and gates along the Serpentine Road frontage and any

proposed along the Vernon Street alignment not exceeding 1.2 metres above footway level. Such plans to be altered and submitted to Council prior to release of the stamped approved plans.

9. The ridge line of the north east wing of the new dwelling being reduced by a

minimum of 300mm to better preserve the part of the water views for the residents of No.60 Woolwich Road.

10. The proposed building being further setback from the southern boundary

line as follows:-

(a) the ground floor section along the southern elevation, containing the family room part be further setback to stand 4.2 metres from the side boundary alignment, and

(b) the first floor section along the southern elevation containing the

guest bedroom and study be further setback to stand 4.2 metres from the side boundary.

Schedule 2

That the Development Application 08/1023 for demolition of the existing dwelling and pool and for the construction of a new two-storey dwelling plus an in-ground swimming pool, front fence, rainwater tank and landscaping at No.5 Vernon Street, Hunters Hill, be approved subject to conditions:-

Special Conditions

1. The development being carried out in accordance with the plans prepared

by Heather Buttrose Associates drawing Nos.DA01 to DA04 issue B dated 3 October 2008 as received by Council on 3 October 2008, except where amended by conditions of this consent.

2. The finished surfaces being provided in accordance with the Colour

Samples prepared by Heather Buttrose Associates, as received by Council on 25 March 2008.

3. The landscaping of the site being carried out in accordance with plans

prepared by Peter Fudge gardens, drawing Nos.LP-01 and LP-02 issue B dated 3 October 2008 as received by Council on 3 October 2008 and the landscape plan be amended to reduce the height of the trees along the south western side of the property, near the proposed driveway, and those trees be replaced with shrub species, such as syzygium ‘cascade’

4 The development being carried out in accordance with an amended Basix certificate to be submitted to Council prior to the release of the stamped approved plans.

5. Rainwater storage being provided on the site in accordance with Council’s

DCP No.25 and the Basix Certificate.

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6. Dilapidation reports being prepared and certified by a practicing structural engineer on the current state of the original section of the adjoining dwelling houses being Nos.1 & 3 Serpentine Road and No.58 Woolwich Road. Such reports shall be completed and submitted to Council prior to the commencement of any demolition, excavation or construction work. Upon completion of the approved building works, second dilapidation reports are to be carried out on the buildings and a copy of such report submitted to Council prior to the issue of the Occupation Certificate. The applicant is to pay for the cost of the above-mentioned reports.

7. The rainwater tank not being connected to the mains water for ‘topping up’

purposes.

8. For the purpose of maintaining residential amenity, any air conditioning equipment, pool filtration plant and motor pump that may be used with the rainwater tank being housed in a sound attenuating enclosure such that the noise emanating from such equipment is not in excess of the ambient background sound level at the site boundaries.

9. The opening in the front fence for the vehicular crossing being reduced to

3.5 metres in width and the fencing and landscaping being altered accordingly prior to the release of stamped approved plans.

10. Prior to issue of Construction Certificate full detail on line and level of

stormwater storage and disposal being submitted to the PCA for approval. Reference to be made to Council’s DCP No.25.

11. Excavations beyond the property boundaries to be under Council supervision following payment of fees and charges.

12. Natural rock outcrops on and around the property are protected by LEP No.1 and are to be protected and preserved.

13. Landscaping and associated works to be undertaken and configured in a manner to prevent concentrated flows of surface water being discharged over the embankments at path and the Vernon Street (rear) frontage, during all phases of demolition, excavation and construction and final set out.

14. The 875mm window on the southern elevation of the study on the upper level being deleted or provided in non-openable frosted glass to protect the privacy of the residents to the south.

Standard Conditions

A1, A4 to A9, B1, B7($1,260), C1-C5, C12, C19, C31 to C35, C39 to C42, C44, C45, D1, D2, D6, D10, FS2, PE7, PE8, S1, SP2-SP8, SP10, SP12, SP14, SP16, W1.

RECORD OF VOTING Yes Absent

Clr Astridge Clr Butt Clr Frame Clr Sheerin Clr Hoopmann Clr Quinn Clr Sheil

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2. DA NO.08/1105 - 103 VICTORIA ROAD, GLADESVILLE 12/09 RESOLVED on the motion of Clr Astridge, seconded Clr Sheil that:

A. The Council, as the consent authority, is satisfied that the objection under State Environmental Planning Policy No.1 to vary the minimum site area per bedroom standard of clause 13 of the Hunters Hill Local Environmental Plan No.1 is well founded under the circumstances of the case and is consistent with the aims of the Policy.

B. The crown Development Application No.2008/1105 for construction of a

part five storey and part three storey and basement residential flat building for seniors housing at No.103 Victoria Road, Gladesville, for the Department of Housing be approved, subject to conditions:

1. The development being carried out in accordance with plans prepared by

T.J. Anthios & Associates Pty Ltd Project No.BF-6DL drawing Nos.1 to 9 issue O, dated April 2008, as received by Council on 11 September 2008, except where amended by conditions of this consent. In this case it is assumed in the absence of any proper detail in the plans that any new fencing along the two street alignments will not exceed 1.2 metres in height in accordance with Council’s DCP No.15.

2. The landscaping of the site being carried out in accordance with plans

prepared by T.J. Anthios Pty Ltd. drawing Nos.1 & 2 issue O dated December 2008, as received by Council on 16 December 2008, except where amended by conditions of this consent.

3. The finished surface material for the development being provided in

accordance with “Colour Selection for the Proposed Senior Living Development” as received by Council on 11 September 2008 except where amended by conditions of this consent.

4. A darker brick, such as the Bowral brick “Murray Grey’ by Austral being

chosen for the external finish of the building, being more referential to those characteristic of the domestic architecture of Hunters Hill, as recommended by Council’s Conservation Advisory Panel.

5. Regulation 2000, all commitments listed in BASIX Certificate No.190457M

for the development are to be fulfilled and the milestones listed. 6. Invert levels of SWP2 and SWP1 on drawing H02 being reviewed as

gradient between pits is only 1 in 200. Rainwater tanks not to be topped up with mains supply. Final discharge to Council’s pit at the corner of Manning Road and Salter Street to be installed under Council supervision following payment of fees and charges.

Council may require the pit to be modified to accommodate all entry and exit pipes.

7. The level of the proposed driveway (from Manning Road to basement

carpark) at the boundary is to be a minimum of 150 mm above the invert of gutter at the centreline of the proposed crossover.

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8. For the purpose of public safety, a sign shall be erected on the site prior to any work commencing which is clearly visible from a public place stating that unauthorised entry to the site is not permitted and showing the name of the builder or another person responsible for the site, a telephone number for contact outside working hours and the details of the appointed Principal Certifying Authority. The sign may only be removed on satisfactory completion of the works.

9. The public footways and roadways, including the kerb and gutter adjacent

to the site, shall be maintained at all times during the course of the work in a safe condition. No obstruction being caused to pedestrian use of Council’s footpath area or vehicular use of Council’s roadway area during building operations.

10. The works shall be erected in conformity with the approved plans and any

approved specifications and in accordance with the conditions of approval. Alterations, modification or variations to these plans or specifications such as to facilitate engineering requirements may be subject to the prior formal approval of Council (fresh development consent or section 96 application).

A copy of all stamped approved plans, specifications and documents including the Construction Certificate (where applicable), shall be kept on site at all times so as to be readily available by any officer of Council or the Principal Certifying Authority.

11. For the purpose of safety and amenity of the area, no building materials

(including spoil/waste), plant or the like are to be stored on the road or footpath without the written approval being obtained from the Council beforehand. The pathway shall be kept in a clean, tidy and safe condition during building operations. Council reserves the right, without notice, to rectify any such breach and to charge the cost against the applicant/owner/builder, as the case may be.

12. HOURS OF WORK: For the purpose of residential amenity, noise

generating work carried out in connection with building and construction operation, including deliveries of building materials and equipment, is restricted to the following hours: Mondays to Fridays inclusive: 7.00am to 6.00pm Saturdays: 7.00am to 1.00pm. Sundays and Public Holidays: Not Permitted. Non-offensive works where power operated plant is not used including setting out, surveying, plumbing, electrical installation, tiling, internal timber or fibrous plaster fixing, glazing, cleaning down brickwork, magnesite flooring, painting, building or site cleaning by hand shovel and site landscaping, or such work as approved by Council’s Manager Development and Environment is permitted between the hours of 1.00pm-4.00pm Saturdays. Manual works such as painting, landscaping, site cleaning by hand etc. may be permitted outside these hours subject to there being no nuisance to the amenity of neighbours.

Note: The Protection of the Environment Operations Act, 1997 may preclude the

operation of some equipment on site during these permitted working hours.

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1. The use of rock breaking machinery will only be permitted if they cause no structural damage to surrounding properties.

13. Framed panels or doors enclosing or partially enclosing a shower or bath,

and windows above a shower or bath within 1.5 metres of the base of the shower or bath, shall be Grade "A" or "B" safety glazing in accordance with Section 5 of Australian Standard 1288-2006 (Glass in Buildings - Selection and Installation).

All other glass doors, side panels and partitions shall be provided with safety glazing in accordance with Section 5 of Australian Standard 1288-2006 (Glass in Buildings - Selection and Installation).

14. Termite protection, which will provide whole of building protection in

accordance with Australian Standard 3660.1 - "Protection of Buildings from Subterranean Termites" is to be provided.

Council has a non-chemical policy for termite control but will consider proposals involving physical barriers in combination with approved chemical systems. Hand spraying is prohibited within the Municipality of Hunters Hill.

Where a monolithic slab is used as part of a termite barrier system, the slab shall be constructed in accordance with Australian Standard 2870.1 or as designed by a structural engineer but in either case shall be vibrated to achieve maximum compaction.

A durable notice is to be permanently fixed to the building in a prominent location, such as the meter box or the like, indicating: the method of termite protection, date of installation, life expectancy of chemical barrier (if used); and installers or manufacturers recommendations for the scope and frequency of future inspections for termite safety.

15. Any ancillary light fittings fitted to the exterior of the building are to be

shielded or mounted in a position to minimise glare to adjoining properties. 16. The aisle widths, internal circulation, ramp widths and grades of the carpark

are to conform to the Roads and Traffic Authority (RTA) Guidelines and Australian Standard 2980.1-1993 .

17. Stormwater from roof areas shall be linked via temporary downpipes to Council’s stormwater system immediately after completion of the roof area.

18. Noise from the site during construction shall be controlled to reduce any

disturbance or nuisance to nearby properties. The (L10) noise level measured over a period of not less than 15 minutes when the construction site is operating must not exceed the background level (L90) by more than 10dB(A).

19. Where no adequate and available facilities exist on site, temporary builders

toilet accommodation shall be provided by means of an on site sewered toilet.

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20. All excavations shall be properly guarded and protected with hoardings or fencing to prevent them from being dangerous to life and property.

21. An automatic fire detection and alarm system is to be installed in

accordance with:

• Australian Standard 1670; or • Australian standard 3786 or listed SSL Register of Accredited

Projects. The units are to be connected to the 240 volt power supply, have suitable battery backup and be located on or near the ceiling in the following locations:

(a) Between each area containing bedrooms and the

remainder of the dwelling including any hallway associated with the bedrooms; or

(b) In each bedroom; and (c) In any storey not containing bedrooms.

22. The landscape plan be altered and Lophodyrmon Confertus (Brushbox) x 3

in 100 litre containers size be used as permanent species for the two (2) Brushbox(s) which are proposed to be removed along the Manning Street alignment.

RECORD OF VOTING

Yes Absent Clr Astridge Clr Butt Clr Frame Clr Sheerin Clr Hoopmann Clr Quinn Clr Sheil

3. DA NO.08/1129 - PART LOT 1 VALENTIA STREET, WOOLWICH PROCEEDINGS IN BRIEF Mr. Arthur Chesterfield-Evans (representation to modify design of Toilet Block). SUSPENSION OF STANDING ORDERS 13/09 RESOLVED on the motion of Clr Astridge, seconded Clr Frame that at 8.31pm,

Standing Orders be suspended to allow Councillors to view plans. RESUMPTION OF STANDING ORDERS 14/09 RESOLVED on the motion of Clr Frame, seconded Clr Astridge that at 8.34pm,

Standing Orders be resumed. 15/09 RESOLVED on the motion of Clr Quinn, seconded Clr Frame that Development

Application No. 08/1129 for the provision of a disabled toilet at Valentia Street Wharf, Woolwich be approved, subject to the following conditions:

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Special Conditions:

1. The development consent No.08/1129 relates to the plans prepared by Achnex Designs, drawing No.06225/DA01, dated January 2008, date stamped by Council on 4 November 2008, drawings prepared by unknown author, drawing No.’s 915C, 815D, 915E, 915G, 915H, 915K, undated, date stamped by Hunters Hill Council4 November 2008.

2. That the proposed masonry infills to the western and northern elevations be

painted and finished in a dark and recessive colour. A colour board of proposed colours as chips or brush-outs is required, rather than the electronically produced material. Two A4 size schedule of colours and materials are to be provided to the satisfaction of the Principle Certifying Authority prior to issue of a Construction Certificate.

3. That the proposed disabled toilet is to comply with the provisions under

AS1428 and the Building Code of Australia (BCA). Standard Conditions: A4-A9, B1, C1-C10, C14, C40-C42, C44, D2, D13-D19, PE4, S1.

RECORD OF VOTING

Yes Absent Clr Astridge Clr Butt Clr Frame Clr Sheerin Clr Hoopmann Clr Quinn Clr Sheil

Having already declared an interest in this matter, the Mayor Councillor Susan Hoopmann excused herself from the Meeting and Deputy Mayor Councillor Simon Frame took the Chair.

4. DA NO.08/1118 - 9 HERBERTON AVENUE, HUNTERS HILL

16/09 RESOLVED on the motion of Clr Astridge, seconded Clr Quinn that Development

Application No.2008-1118 for alterations and additions to the existing dwelling house at No.9 Herberton Avenue, Hunters Hill be approved, subject to compliance with the following conditions:- Special Conditions

1. The development being carried out in accordance with plans prepared by

Ken Litting drawing Nos. DA 02A to DA 04 and DA 05 dated 4 November 2008 as received by council on 27 November 2008, except as amended by conditions of consent.

2. The balustrading around the new deck complying with the provisions of

Part 3.9.2 of the Building Code of Australia.

3. The landscaping of the site being maintained.

4. The provision of a 1.5 metre high suitable privacy screen on the northern end of the new rear deck.

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Standard Conditions

A1, A4 to A9, B1, B7 ($750), C1 to C5, C40, C44, C45, D1, PE8, S1, W1.

RECORD OF VOTING Yes Absent

Clr Astridge Clr Butt Clr Frame Clr Sheerin Clr Quinn Clr Hoopmann declared an interest. Clr Sheil

8.40pm Clr Frame left the Meeting 5. DA NO.08/1092 - 1 MEYERS AVENUE, HUNTERS HILL 17/09 RESOLVED on the motion of Clr Astridge, seconded Clr Quinn that:

A. Council, as the consent authority, is satisfied that the objection under State

Environmental Planning Policy No.1 to vary the height of buildings standard of clause 15 of the Hunters Hill Local Environmental Plan No.1 is well founded under the circumstances of the case and is consistent with the aims of the Policy.

B. Crown Development Application No. 2008/1092 for construction of new lifts,

community centre and deck, carpark and landscape works to the existing residential flat development at No.1 Myers Avenue, Hunters Hill, for the Department of Housing be approved, subject to conditions:

1. The development being carried out in accordance with plans prepared by

NSW Department of Housing Project No.BF849 drawing Nos. 01 to 07 Rev. A dated June 2008, as received by Council on 14 August 2008, except where amended by conditions of this consent.

2. The landscaping of the site being carried out in accordance with plans

prepared by Outhouse Design Job No.N-07-03 Rev C drawing Nos.1 & 2 dated June 2008, as received by Council on 21 August 2008, except where amended by conditions of this consent.

3. The finished surface material for the development being provided in

accordance with “External Finishes Schedule” prepared by the Department of Housing sheet No.E-01.

4. Prior to commencement of construction, full detail on discharge of

stormwater from carpark proposal being submitted to Council for approval. DCP No.25 “Sustainable Water” is to be used to provide detail on bio-remediation of carpark stormwater discharged to bushland or Council’s drain. As well, the pipes or pits which exist downstream of the “existing stormwater drainage pit” indicated on COI (Stormwater Drainage) provided are to be shown in full for assessment.

Bioremediation facilities are to be installed on the subject property upstream of the discharge point, whether it be Council’s pipe and easement or separate discharge.

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5. Pursuant to the provisions of the Environmental Planning & Assessment Act 1979 this approval shall lapse and be void if the building work or use to which it refers is not substantially commenced within five (5) years after the date of approval

6. For the purpose of public safety, a sign shall be erected on the site prior to

any work commencing which is clearly visible from a public place stating that unauthorised entry to the site is not permitted and showing the name of the builder or another person responsible for the site, a telephone number for contact outside working hours and the details of the appointed relevant Department officer. The sign may only be removed on satisfactory completion of the works.

7. The public footways and roadways, including the kerb and gutter adjacent

to the site, shall be maintained at all times during the course of the work in a safe condition. No obstruction being caused to pedestrian use of Council’s footpath area or vehicular use of Council’s roadway area during building operations.

8. The works shall be erected in conformity with the approved plans and any

approved specifications and in accordance with the conditions of approval. Alterations, modification or variations to these plans or specifications such as to facilitate engineering requirements may be subject to the prior formal approval of Council (fresh development consent or section 96 application).

9. For the purpose of ensuring the compliance with the terms of the approval,

an approved copy of the plan and this Consent shall be kept on site at all times.

10 A copy of all stamped approved plans, specifications and documents shall

be kept on site at all times so as to be readily available by any officer of Council.

11. For the purpose of safety and amenity of the area, no building materials

(including spoil/waste), plant or the like are to be stored on the road or footpath without the written approval being obtained from the Council beforehand. The pathway shall be kept in a clean, tidy and safe condition during building operations. Council reserves the right, without notice, to rectify any such breach and to charge the cost against the applicant/owner/builder, as the case may be.

12. HOURS OF WORK: For the purpose of residential amenity, noise

generating work carried out in connection with building and construction operation, including deliveries of building materials and equipment, is restricted to the following hours: Mondays to Fridays inclusive: 7.00am to 6.00pm Saturdays: 7.00am to 1.00pm. Sundays and Public Holidays: Not Permitted.

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Non-offensive works where power operated plant is not used including setting out, surveying, plumbing, electrical installation, tiling, internal timber or fibrous plaster fixing, glazing, cleaning down brickwork, magnesite flooring, painting, building or site cleaning by hand shovel and site landscaping, or such work as approved by Council’s Manager Development and Environment is permitted between the hours of 1.00pm-4.00pm Saturdays. Manual works such as painting, landscaping, site cleaning by hand etc. may be permitted outside these hours subject to there being no nuisance to the amenity of neighbours.

Note: 1. That the Protection of the Environment Operations Act, 1997 may

preclude the operation of some equipment on site during these permitted working hours.

2. The use of rock breaking machinery will only be permitted if they

cause no structural damage to surrounding properties. 13. The aisle widths, internal circulation, ramp widths and grades of the carpark

are to conform to the Roads and Traffic Authority (RTA) Guidelines and Australian Standard 2980.1-1993 and a copy of the evidence of compliance is to be submitted to Council.

14. Noise from the site during construction shall be controlled to reduce any

disturbance or nuisance to nearby properties. The (L10) noise level measured over a period of not less than 15 minutes when the construction site is operating must not exceed the background level (L90) by more than 10dB(A).

15. Where no adequate and available facilities exist on site, temporary builders

toilet accommodation shall be provided by means of an on site sewered toilet.

RECORD OF VOTING

Yes Absent Clr Astridge Clr Butt Clr Frame Clr Sheerin Clr Hoopmann Clr Quinn Clr Sheil

6. STATE ENVIRONMENTAL PLANNING POLICY (REPEAL OF CONCURRENCE &

REFERRAL PROVISIONS) 2008 18/09 RESOLVED on the motion of Clr Quinn, seconded Clr Astridge that the report be

received and noted.

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RECORD OF VOTING

Yes Absent Clr Astridge Clr Butt Clr Frame Clr Sheerin Clr Hoopmann Clr Quinn Clr Sheil

7. STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT & COMPLYING

DEVELOPMENT CODES 2008) 19/09 RESOLVED on the motion of Clr Quinn, seconded Clr Astridge that a submission be

made to the Department of Planning seeking approval of the Minister to exclude the application of the General Exempt Development Code and the General Housing Code to the Municipality of Hunter’s Hill, in consideration of:

(i) the particular characteristics of the area; (ii) the extent of the area excluded by the general exclusions of the SEPP and

the consequent difficulty that is likely to present in applying the Codes to the remaining area.

RECORD OF VOTING

Yes Absent Clr Astridge Clr Butt Clr Frame Clr Sheerin Clr Hoopmann Clr Quinn Clr Sheil

8.42pm Clr Frame returned to the Meeting. 8. REVIEW OF LOCAL DEVELOPMENT CONTRIBUTIONS 20/09 RESOLVED on the motion of Clr Astridge, seconded Clr Frame that the following

actions be endorsed by Council on the Department of Planning Circular direction under Section 94 of the Environmental Planning and Assessment Act 1979:

(a) That Council submits a notice to the Local Contributions Review Panel

seeking retention of the current provisions relating to the area to which the Cowell Street Gladesville DCP applies be endorsed by Council.

(b) That Council make a formal request to the Minister to apply contributions in

excess of the maximum amount specified in the Direction in respect of the land to which the Cowell Street DCP applies.

9. DA NO.07/1052 - 225/227 VICTORIA ROAD, GLADESVILLE 21/09 RESOLVED on the motion of Clr Astridge, seconded Clr Frame that the report be

received and noted

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10. DA NO. 07/1010 - 103 WOOLWICH ROAD, WOOLWICH 22/09 RESOLVED on the motion of Clr Astridge, seconded Clr Frame that the report be

received and noted. 11. DA NO.08/1038 - 5 & 7 CHURCH STREET HUNTERS HILL 23/09 RESOLVED on the motion of Clr Quinn, seconded Clr Astridge that the report be

received and noted 12. REPORT OF LEGAL MATTERS 24/09 RESOLVED on the motion of Clr Quinn, seconded Clr Astridge that the report be

received and noted. 13. DELEGATED AUTHORITY 25/09 RESOLVED on the motion of Clr Quinn, seconded Clr Frame that the report be

received and noted. 14. SUPPLEMENTARY REPORT – INQUIRY, NSW PLANNING FRAMEWORK 26/09 RESOLVED on the motion of Clr Quinn, seconded Clr Frame that

1. Council forward a submission to the NSW Legislative Council’s Standing Committee on State Development indicating its general support for the Inquiry into the NSW planning framework as outlined in the Discussion Paper with comments as outlined in this report.

2 The submission also request that the Inquiry address development of a

funding framework to support councils to install any subsequent changes to the planning administration system.

PUBLIC WORKS & INFRASTRUCTURE (Pages E1 – E9) 1. WASTE COMPOSITION AUDIT 2008 27/09 RESOLVED on the motion of Clr Astridge, seconded Clr Frame that the report be

received and noted. 2. TREE PRESERVATION ORDER – APPROVALS / REFUSALS 28/09 RESOLVED on the motion of Clr Astridge, seconded Clr Sheil that the report be

received and noted.

FINANCE & ADMINISTRATION (Pages F1 – F2) 1. SUMMARY OF COUNCIL INVESTMENTS AS AT 31 DECEMBER 2008 29/09 RESOLVED on the motion of Clr Frame, seconded Clr Astridge that the report be

received and noted.

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GENERAL MANAGER (Pages H1 – H6) 1. NATIONAL FRAMEWORK FOR WOMEN IN LOCAL GOVERNMENT 30/09 RESOLVED on the motion of Clr Frame, seconded Clr Sheil that:

1. The report be received and noted.

2. The revised National Framework for Women in Local Government be adopted.

2. CONTINUING PROFESSIONAL DEVELOPMENT - COUNCILLOR INFORMATION

SESSIONS 31/09 RESOLVED on the motion of Clr Astridge, seconded Clr Quinn that:

1. The report be received and noted.

2. The Department of Local Government be advised of the Councillors attendance and feedback in regard to the Councillor Information Sessions as detailed in this report, or by way of additional comments provided to the General Manager, and the web site link to this report.

COMMITTEE REPORTS (Pages J1 – J7) 1. REPORT OF GENERAL PURPOSE ON-SITE INSPECTIONS HELD 8 DECEMBER

2008 32/09 RESOLVED on the motion of Clr Astridge, seconded Clr Quinn that the Report be

received and noted. 2. MINUTES OF THE HUNTERS HILL ART & CRAFT ADVISORY COMMITTEE

MEETING HELD 21 JANUARY 2009 33/09 RESOLVED on the motion of Clr Quinn, seconded Clr Astridge that the minutes be

received and noted.

3. MINUTES OF THE HUNTERS HILL SENIORS ADVISORY COMMITTEE HELD 2 FEBRUARY 2009

34/09 RESOLVED on the motion of Clr Astridge, seconded Clr Frame that the minutes be

received and noted. CORRESPONDENCE (PRECIS) (Pages K1 – K2) 1. CORRESPONDENCE 35/09 RESOLVED on the motion of Clr Astridge, seconded Clr Frame that the

correspondence be received and noted.

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GENERAL BUSINESS (Page M1) 1. MEETINGS – VARIOUS COMMITTEES OF COUNCIL 36/09 RESOLVED on the motion of Clr Quinn, seconded Clr Astridge that the report listing

the various Committees of Council be received and noted. QUESTIONS WITH OR WITHOUT NOTICE

No. Author Date Question Answer

1/09 It was decided that the parking signs at the bottom of Margaret Street would be changed. When will this happen?

This will be discussed at the Public Transport and Traffic Advisory Committee meeting on the 17th February 2009.

2/09

Clr Hoopmann 9.2.08

When will the temporary telecommunications facility in Joubert Street be moved?

3GIS is proposing a schematic plan of the proposed permanent tower site. It is advised that this plan will be ready next month, mid March 2009. Once complete the schematic plan will be sent to Council for comment.

TERMINATION The meeting terminated at 9:07pm. I confirm that these Minutes are a true and accurate record of Ordinary Meeting No.4262 held 9 February, 2009 ..................................................... ......................................... Councillor Susan R. Hoopmann Barry Smith MAYOR GENERAL MANAGER

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D

Development & Environment

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D – Development & Environment

4263 – 23 February 2009

Index 1. 3 Woodward Road, Hunters Hill 1 2. 16A Woolwich Road, Hunters Hill 19 3. 12A & 12C Crescent Street, Hunters Hill 35 4. Delegated Authority 49 .............................................................

Steve Kourepis MANAGER

DEVELOPMENT & ENVIRONMENT

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ITEM NO : 1 DEVELOPMENT APPLICATION NO : 08/1088 PROPOSAL : ALTERATIONS & ADDITIONS, SWIMMING POOL

& SPA PROPERTY : 3 WOODWARD ROAD, HUNTERS HILL APPLICANT : RYAN DAVID LANGFIELD & VENESSA DE-

GIROLAMO OWNER : RYAN DAVID LANGFIELD & VENESSA DE-

GIROLAMO DATE LODGED : 7 AUGUST 2008 BUSINESS PROGRAM : DEVELOPMENT CONTROL REPORTING OFFICER : SHAHRAM ZADGAN FILE : 1755/3 & 07/1088 1. SUMMARY

Reasons for Report

The proposal results in three (3) objections received in response to the neighbour notification process.

Issues

Issues raised from the adjoining residents at 20 Foss Street (Ellesmere) Hunters Hill, are as follows:

• Heritage and streetscape impacts.

• The architectural character, scale, mass, bulk, materials, colour and roof form of the original cottage is to be changed in a manner which is not appropriate within the Conservation Area.

• Impacts on privacy and solar access on apartments 4 and 5 of 20 Foss Street

• Impacts on views of apartments 1 and 2 towards the Parramatta River due to the proposed roof.

• Removal of trees (in particular a large Jacaranda) to accommodate the proposed swimming pool and spa. This tree provides privacy.

• Objection to the construction of a new fence along the northern boundary of the subject site as it would be out of character with the balance of Ellesmere’s southern boundary fence with other adjoining properties.

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• Planting of Leighton green hedge should be replaced with more appropriate Lilly Pilly or some other similar planting, and cropped to a height no more than 2m.

• Noise impacts from the close proximity of the proposed swimming pool, spa and

pump.

• Damage to the structure of the building at No.20 Foss Street, resulting from the excavation of the pool and spa

• Objection to the construction of a retaining wall to the northern boundary of the subject site as it will detrimentally impact on our retaining wall and our existing established trees and shrubs may be damaged or destroyed.

Objections

Three (3) objections were received.

Recommendation

Subject to conditioning, the application is recommended for approval because it:

1. is permissible under the zoning

2. complies with the relevant planning objectives contained in Hunters Hill Local Environmental Plan No.1 and Development Control Plan No.15

3. is appropriate

4. will not have adverse effects on the amenity of adjoining properties such is justified. 2. DESCRIPTION OF PROPOSAL The subject application seeks approval for alterations and additions, swimming pool and spa. The proposed plans, amended (19 December 2008), comprise the following: Lower Ground Floor Reconfigure and use the sub-floor areas to include entry, porch, guest bedroom No.5 with ensuite, garage, W.C., rumpus, laundry and sub-floor areas. Ground Floor Reconfigure the ground floor layout to comprise of two (2) living rooms with terraces, stairwell, bathroom, W.C., three (3) bedrooms, dining, living and kitchen. First Floor Bedroom No.1 and ensuite. Site Works • Swimming pool and spa • Landscaping • Demolish rear pergola

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On 10 November 2008, Council received amended plans with the following changes: • Roof terrace reduced in size • Pitched roof carried over the new formal living area where the terrace was reduced • Entry stairs have been shown on the east and west elevations • Glass balustrades have been replaced with steel and timber • All northern windows facing the apartment units of 20 Foss street have been

changed to opaque glazing for privacy • New first floor northern windows facing apartment units of 20 Foss have changed

from double hung and sliding to fixed glass and awning windows to ensure privacy • R.L.’s have been added to the parapets on the northern elevation • Landscape has been altered to reflect the landscape architects drawings • Existing trees have been removed on the northern boundary and new landscaping

included • A site line drawing added showing the new proposed landscaping including a

masonry wall between 20 Foss Street and 3 Woodward Road. Site lines from the downstairs unit have been indicated

On 19 December 2009, Council received further amended plans with the following changes: • The Roof Balcony has been reduced in size. • Top level now has a 6m setback ensuring it meets with DCP requirements. • The upstairs level has only one room of the same height. • Privacy issues of neighbours has been addressed with removal of rear windows on

the top level • The roof at the back will remain the same to show how little increase in height the

extension is to the existing roofline. • The pitched roof has been carried over the new formal living area where the terrace

was reduced. • The entry stairs have been shown on the east and west elevations. • Glass balustrades have been replaced with steel and timber • RL’s have been added to the parapets on the northern elevation. • Landscape has been altered to reflect the landscape architects drawings. 3. DESCRIPTION OF SITE AND LOCALITY

The subject site is known as No.3 Woodward Road, Hunters Hill, located on the northern side of Woodward Road. The site is irregular in shape and has a frontage of 16.36m to Woodward Road and a depth of about 27.43m and 28.91m respectively, a rear boundary of 25.485m, with a site area of 573.9sqm.

Currently on the subject site is a part one/two-storey brick and tile dwelling with terracotta roof. The site has a slope from the rear to the front of approximately 3m. Surrounding development consists of single and two-storey dwellings. To the rear of the site there is an existing residential flat building, No.20 Foss Street, and is a listed Heritage Item known as Ellesmere. 4. PROPERTY HISTORY No relevant DA or BA history.

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5. STATUTORY CONTROLS 5.1 Relevant Statutory Instruments Environmental Planning and Assessment Act, 1979 Local Environmental Plan No.1 (as amended) Zone: 2(a2) Conservation Area: Yes Foreshore Scenic Protection Area: Yes Development Control Plan: Residential Development No.15 Listed Heritage item: No Contributory Building: No Vicinity of Heritage Item: Yes, 20 Foss Street 6. POLICY CONTROLS

Development Control Plan No.15. 7. REFERRALS 7.1 External Approval Bodies Not applicable. 7.2 Health & Building

Not applicable. 7.3 Heritage

As stated within the body of the report, the property is located within the conservation area under Hunters Hill Local Environmental Plan No.1. The proposal was referred to Council’s Heritage Advisor who provided the following comments: Heritage Status: within Conservation Area No 1, adjoins Sch. 6 Item (“Ellesmere”, 20 Foss St), probably visible from the Parramatta River. Statement of Heritage Impact: by NBRSP- Jonothan West/ Robert Staas- O.K. Comments: amending drawings date stamped 19 Dec 08 have been provided, together with a Statement of Heritage Impact.

The applicant has responded to concerns expressed by Council through the provision of two sets of amending drawings which have progressively addressed potential impacts. This most recent amendment includes setting back the upper floor from the common boundary with “Ellesmere” to approx. 6 metres, as well as incorporating previous changes to the proposed upper level deck facing the street, and changes to the roof.

In my view the proposal is now acceptable in terms of potential impacts on the heritage item adjoining, on Hunters Hill Conservation Area No 1 and on potential views from the Parramatta River.

Recommendation: Approval.

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7.4 Public Works and Infrastructure

The subject application was referred to Council’s Development Engineer who raised no concern, subject to the following special condition being imposed: Prior to issue of Construction Certificate, a detail drainage plan indicating disposal of stormwater from existing roofed and hard paved areas, and tank storage overflow disposal, being submitted to the PCA for approval. 7.5 Parks & Landscape

The subject application was referred to Council’s Landscape Advisor who provided the following comments: A Landscape Plan (prepared by KWAK and Associates, dwg no DA-L101, date stamped 10 Nov 08) has been received and reviewed. Bambusa lako (Timorese Black Bamboo) has been proposed as a screen along the northern boundary. The mature height for the Bamboo has been outlined as 12 metres in the Plant Schedule. A screen to the height of 12 metres is not considered appropriate in this location. The Bambusa lako should be replaced with a smaller tall shrub with a maximum mature height of 2-3 metres such as Syzygium “Aussie Compact”. Recommendations Approve this DA with regards to landscape issues subject to the following condition: Substitute the proposed Bambusa lako (Timorese Black Bamboo) for a smaller tall shrub with a maximum mature height of 2-3 metres. Syzygium “Aussie Compact” is considered a suitable replacement species.

A special condition will be imposed to reflect the above comments. 8. ENVIRONMENTAL ASSESSMENT UNDER S.79C

The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings. 9. STATE INSTRUMENTS / LEGISLATION

9.1 State Environmental Planning Polici es (SEPPs)

Not applicable. 9.2 Regional Environment Plans (REPs)

Not applicable. 9.3 Other Legislation

Not applicable.

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10. HUNTERS HILL LOCAL ENVIRONMENTAL PLAN NO. 1

10.1 Aims and Objectives of Hunters Hill Local Env ironmental Plan No.1 and Zone

The proposal is permissible with consent under Zone 2(a2) and complies with the relevant statutory controls of Hunters Hill Local Environmental Plan No.1. 10.2 Statutory Compliance Table

The following table illustrates whether or not the proposed development complies with the relevant statutory controls of Hunters Hill Local Environmental Plan No.1. Compliance with Current Statutory Controls

Proposed Control Compliance

HEIGHT Ceiling

6.9 metres

7.2 metres

Yes

Storeys 3 storey 2 storeys No* Garden Area 50% 50% Yes

*A Deferred Commencement Consent is recommended subject to amended plans being submitted to the satisfaction of Council accurately indicating that the proposal would comply with the two (2) storey height limit of Clause 15 of LEP No.1, by deleting part of the lower ground floor ensuite from bedroom No.5 and part of the internal access landing area from the rumpus and garage, which are considered to result in an additional storey. 10.3 Site Area Requirements

The proposal complies with these requirements. 10.4 Residential flat buildings and low-rise mul ti-unit housing-density and garden

area controls

Not applicable.

10.5 Height of Buildings

The height of the proposal, being 6.9 metres in height is acceptable, as it would comply with the maximum of 7.2 metres height limit as prescribed by Clause 15 of the Hunters Hill Local Environmental Plan No.1. However, the proposal is three (3) storeys, in part of the lower ground floor ensuite from bedroom No.5 and part of the internal access landing area from the rumpus and garage. As stated above, for the development to comply with no more than two storeys limit of Clause 15 of LEP No.1 a Deferred Commencement Consent is granted subject to amended plans being submitted to the satisfaction of Council accurately indicating that the proposal would comply with the two (2) storey height limit of Clause 15 of LEP No.1, by deleting part of the lower ground floor ensuite from bedroom No.5 and part of the internal access landing area from the rumpus and garage, which are considered to result in an additional storey. 10.6 Garden Area

The proposed revised garden area of 50% would be equal to the 50% minimum permissible garden area as prescribed by the Hunters Hill Local Environmental Plan No.1. As the proposal is equal to the 50% minimum permissible garden area, a standard condition will be imposed ensuring compliance with Clause 16A of LEP No.1.

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10.7 Integrated Housing Development

Not applicable.

10.8 Foreshore Building Lines

Not applicable.

10.9 Foreshore Scenic Protection Area

The subject site is also located with the Foreshore Scenic Protection Area and, as such, assessment is required in accordance with Clause 18A of Hunters Hill Local Environmental Plan No.1. Clause 18A states:

18A. The Council may not grant consent under the Act pursuant to an application to carry

out development on land within the Foreshore Scenic Protection Area, being that area shown by hatching on the map marked ‘Hunter's Hill Local Environmental Plan No.14. - Heritage Conservation’, unless it has made an assessment of: (a) the appearance and visual quality of the proposed development when

viewed from the waterway; and (b) the impact of the proposed development of the view towards the waterway

from public roads and from public reserves or from land within Zone No. 6(a) or 6(b).

The proposal would not be overly visible from the waterway and accordingly would not affect the visual amenity of the foreshore. 10.10 Other Special Clauses / Development Standar ds

Not applicable. 11. DRAFT AMENDMENTS TO STATUTORY CONTROLS

No relevant draft amendments pertaining to this application. 12. DEVELOPMENT CONTROL PLANS (DCPs)

12.1 Compliance Table Residential Development Contr ol Plan No.15 CONTROL REQUIRED/PERMISSIBLE PROPOSED COMPLIANCE HEIGHT Ceiling

7.2m

6.9m

Yes

Storeys 2 3 No Garden Area 50% 50% Yes BOUNDARY SETBACKS Dwelling house South (Front)

North (Rear) Existing ground floor Proposed first floor

East (Side) West (Side)

Average street pattern

6m 6m

1.5m 1.5m

6m

3.5m (existing) 6.065m

1.8m 1.2m (existing)

Yes

No change Yes

Yes No change

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Planning Policy – All Development

Subject to conditioning, the proposal complies with the relevant objectives, design parameters and preferred design elements under Part 3 of Development Control Plan No.15. Heritage Conservation Areas

The proposal complies with the relevant objectives under Part 4 of Development Control Plan No.15. Foreshore Scenic Protection Area

Refer to section 10.9 of this report ‘Foreshore Scenic Protection Area’. Visually Prominent Sites

Not applicable. Height

Refer to section 10.5 of this report ‘Height of Buildings’. Front, Side and Rear Setbacks

Notwithstanding, the existing non-compliances with the side setback controls, it is considered that the proposal has been assessed against the objectives under Part 7.2 of the DCP No.15 (following characteristic pattern of setbacks for locality, sunlight, privacy, views and streetscape, as has been assessed within the body of the report) and is considered to satisfy the relevant objectives as there would be no unreasonable impacts upon the amenity of the adjoining properties. Garden Area

Refer to section 10.6 of this report ‘Garden Area’. Solar Access

The submitted shadow diagrams indicate that there would be additional overshadowing to the west of the subject site at No.5 Woodward Road, at 9.00am mid winter, which would affect less than 33% of the existing recreational open space to the adjoining property.

The shadow diagrams indicate that there would be additional overshadowing to the south-west of the subject site, at No.5 Woodward Road, at 12 noon mid winter. The extent of shadowing is minimal and is not considered to be significant.

The submitted shadow diagrams indicate that there would be additional overshadowing within the subject site and to the adjoining property at No.1 Woodward Road, at 3.00pm mid winter. The extent of shadowing is minimal and is not considered to be significant. Therefore, the level of solar access enjoyed by the residents of No.20 Foss Street would not be affected by the subject proposal.

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Accordingly, the proposal would comply with the general requirements, being that new development must not eliminate more than one third of the existing sunlight to adjacent properties at ground level, measured at 9.00am, 12noon and 3.00pm of the winter solstice. Accordingly, the proposal would satisfy the objectives stipulated under Part 7.4.1 of the Development Control Plan No.15. Privacy The owners of (apartment 2, 4, and 5) of 20 Foss Street have objected in relation privacy impacts from the proposed first floor addition. The amended plans (19 December 2008) indicate that the proposed first floor level to be setback by 6m from the northern boundary, with the ensuite on the northern elevation having windows with high sills (1600mm from First Floor Level) and frosted windows, which is considered to be a low trafficable room. In view of the changes made, it is considered that privacy impacts would be minimal from the proposed first floor level, northern elevation, to the apartments at 20 Foss Street. The owners of (apartment 2, 4, and 5) of 20 Foss Street have objected in relation to potential noise impacts resulting from the swimming pool and filter pump being positioned in close proximity to their units. The proposed swimming pool would have an acceptable setback of approximately 5-6m from the building at No.20 Foss Street, and would mainly be used during the warmer periods of the year. It is considered that the distance separation of the proposed pool is adequate in an urban residential area. Also, the proposal provides for screen planting and a masonry 2.5m high wall to further protect the privacy of the adjoining northern property. This measure is not considered to be required as Council’s Landscape advisor has recommended that the screen planting is too high and should be replaced with a more appropriate tall shrub, which will grow to a maximum of 2-3m. Refer to part 7.5 of this report. The proposed plans indicate that the filter would be located approximately 13.5m from the building at No.20 Foss Street. It is considered that the distance separation of the proposed pool filter from the adjoining properties is adequate in an urban residential area. Views The owner of No.2/20 Foss Street has objected to the proposed development with regard to potential loss of views to the Parramatta River from various rooms within their apartment. An inspection from the apartment revealed that there would be negligible loss of water views towards the south from living areas, as result of the proposed first floor roof form. It is considered that the proposal would not result in significant material impacts on this property. This impact is not sufficient to warrant the refusal of the application.

It is considered that the majority of the existing views of the Parramatta River enjoyed from the first floor rooms would remain and that the objective stipulated under Part 7.6.1 of the DCP No. 15, relating to view sharing by both existing and future residents of the municipality would be satisfied. Therefore, the issue on loss of views is not sufficient to warrant the refusal of this application. Accordingly, the proposal is considered to be satisfactory as the proposal would satisfy the objectives stipulated under Part 7.6 of the DCP No.15. Car Parking

The proposal complies with Part 7.7.2(f)(h) of the DCP, as two (2) car parking spaces have been provided for a gross floor area in excess of 125sqm.

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Garages and Carports The existing carparking arrangement is to remain, which is a double garage integrated to the front of the dwelling. A new garage door is to be fitted similar to other properties within the street. However, a colour swatch has not been provided for the garage door. A special condition will be imposed that the garage door is to be in a dark and recessive tone/colour (i.e. ceder). Therefore, as the double garage exists it is considered that it would not further adversely impact upon the streetscape as set out in Part 8.3.3 of the DCP No. 15 and would also satisfy the underlying planning principles/objectives of the Code. Fences A new front fence has not been proposed. 12.2 Other DCPs, Codes and Policies

Not applicable. 13. THE LIKELY IMPACTS OF THE DEVELOPMENT

Subject to conditioning, the proposal is considered not to unreasonably impact upon the amenity of the adjoining properties or the Woodward Road Streetscape. As stated within the body of the report, the proposal would satisfy the objectives of the Development Control Plan No.15. There would be no impact upon the natural and built environment within the vicinity of the subject site as a result of the proposed works. Furthermore, there would be no social and economic impacts to the locality as a result of the proposed works. 14. SUBMISSIONS

The proposed development was notified in accordance with Council’s Development Control Plan No.15 for a period of ten (10) working days on the 12 August 2008. Within the specified time period eleven (11) submissions were received. On 10 November 2008, Council received amended plans and on 18 November 2008 Council re-notified the plans for a period of ten (10) working days. Within the specified time period six (6) submissions were received. On 19 December 2008, Council received further amended plans and on 15 January 2009 Council re-notified the plans for a period of ten (10) working days. Within the specified time period three (3) submissions were received. Copies of the latest submissions are attached to the report. NOTIFICATION REQUIRED YES NUMBER NOTIFIED 15 SUBMISSIONS RECEIVED Name & Address of Respondents

SUMMARY OF SUBMISSIONS

Kevin J Peters 2/20 Foss Street Hunters Hill

• Heritage and streetscape impacts • The architectural character, scale, mass, bulk,

materials, colour and roof form of the original cottage is to be changed in a manner which is not appropriate within the Conservation Area.

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NOTIFICATION REQUIRED YES NUMBER NOTIFIED 15 SUBMISSIONS RECEIVED Name & Address of Respondents

SUMMARY OF SUBMISSIONS

• Impacts on privacy and solar access on apartments 4 and 5 of 20 Foss Street

• Impacts on privacy and solar access on apartments 4 and 5 of 20 Foss Street

• Impacts on views of apartments 1 and 2 towards

Parramatta River due to the proposed roof

• Removal of trees (in particular a large Jacaranda) to accommodate the proposed swimming pool and spa. This tree provides privacy

• Objection to the construction of a new fence along the northern boundary of the subject site as it would be out of character with the balance of Ellesmere’s southern boundary fence with other adjoining properties

• Planting of Leighton green hedge should be replaced with more appropriate Lilly Pilly or some other similar planting, and cropped to a height no more than 2m

• Noise impacts from the close proximity of the proposed swimming pool and spa

Dr Jensen Wong See & Mrs Frances Wong See 4/20 Foss Street Hunters Hill

• Heritage and streetscape impacts • The architectural character, scale, bulk, and roof

form of the original cottage is to be changed in a manner which is not appropriate within the Conservation Area

• Removal of trees (in particular a large Jacaranda) to accommodate the proposed swimming pool and spa. This tree provides privacy

• Objection to the construction of a retaining wall to the northern boundary of the subject site as it will detrimentally impact on our retaining wall and our existing established trees and shrubs may be damaged or destroyed

• Noise impacts from the close proximity of the proposed swimming pool and spa

• Damage to the structure of the building at No.20 Foss Street, resulting from the excavation of the pool and spa

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NOTIFICATION REQUIRED YES NUMBER NOTIFIED 15 SUBMISSIONS RECEIVED Name & Address of Respondents

SUMMARY OF SUBMISSIONS

Stuart Linley 5/20 Foss Street Hunters Hill

• Impacts on privacy and solar access

• The architectural character, scale, bulk, and roof form result in streetscape impacts and visual impacts on the Ellesmere

• Removal of trees (in particular a large Jacaranda) to accommodate the proposed swimming pool and spa. This tree provides privacy

• Damage to the structure of the building at No.20 Foss Street, resulting from the excavation of the pool and spa

• Noise impacts from the close proximity of the proposed swimming pool, spa and pump

• Objection to the construction of a new fence along the northern boundary of the subject site as it would be out of character with the balance of Ellesmere’s southern boundary fence with other adjoining properties

• Opposed to the planting of Leighton green hedge

The main issues of concern outlining the objections are discussed below: • Heritage and streetscape impacts

Comment: Refer to part 7.3 of this report under the heading of Heritage. • The architectural character, scale, mass, bulk, mat erials, colour and roof form

of the original cottage is to be changed in a manne r, which is not appropriate within the Conservation Area.

Comment: The proposal was referred to Council’s Heritage Advisor several times and the current amendments are considered to be acceptable in terms of character, scale, mass, bulk, materials, colour, roof form, streetscape and appropriate with the Conservation Area. Also the comments made in part 7.3 of this report under the heading of Heritage have addressed the matter in detail.

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• Impacts on privacy and solar access on apartments 4 and 5 of 20 Foss Street

Comment: The owners of (apartment 2, 4, and 5) 20 Foss Street have objected in relation privacy impacts from the proposed first floor addition. The amended plans (19 December 2008) indicate that the proposed first floor level to be setback by 6m from the northern boundary, with the ensuite on the northern elevation having windows with high sills (1600mm from First Floor Level) and frosted windows, which is considered to be a low trafficable room. In view of the changes made, it is considered that privacy impacts would be minimal from the proposed first floor level, northern elevation, to the apartments at 20 Foss Street. The owners of (apartment 2, 4, and 5) of 20 Foss Street have objected in relation to potential noise impacts resulting from the swimming pool and filter pump being positioned in close proximity to their units. The proposed swimming pool would have an acceptable setback of approximately 5-6m from the building at No.20 Foss Street, and would mainly be used during the warmer periods of the year. It is considered that the distance separation of the proposed pool is adequate in an urban residential area. Also, the proposal provides for screen planting and a masonry 2.5m high wall to further protect the adjoining northern property. This proposed screen planning and masonry wall are not considered to be required as Council’s Landscape advisor has recommended that the screen planting is too high and should be replaced with a more appropriate tall shrubs, which will grow to a maximum of 2-3m. Refer to part 7.5 of this report. The proposed plans indicate that the filter would be located approximately 13.5m from the building at No.20 Foss Street. It is considered that the distance separation of the proposed pool filter from the adjoining properties is adequate in an urban residential area. The submitted shadow diagrams indicate that there would be additional overshadowing to the west of the subject site at No.5 Woodward Road, at 9am mid winter, which would affect less than 33% of the existing recreational open space to the adjoining property.

The shadow diagrams indicate that there would be additional overshadowing to the south-west of the subject site, at No.5 Woodward Road, at 12 noon mid winter. The extent of shadowing is minimal and is not considered to be significant.

The submitted shadow diagrams indicate that there would be additional overshadowing within the subject site and to the adjoining property at No.1 Woodward Road, at 3pm mid winter. The extent of shadowing is minimal and is not considered to be significant. Therefore, the level of solar access enjoyed by the residents of No.20 Foss Street would not be affected by the subject proposal. Also, the comments made in Part 12 of this report under the heading of Privacy and Solar Access have addressed these matters in detail. • Impacts on views of apartments 1 and 2 towards Parr amatta River due to the

proposed roof Comment: The owner of No.2/20 Foss Street has objected to the proposed development with regard to potential loss of views to the Parramatta River from various rooms within their apartment. An inspection from the apartment revealed that there would be negligible loss of water views towards the south from living areas, as result of the proposed first floor roof form. It is considered that the proposal would not result in significant material impacts on this property, as the proposed roof form is flat, which keeps the height of the dwelling to a minimum compared to a pitched roof and would maintain majority of the views currently enjoyed by the residents.

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This impact is not sufficient to warrant the refusal of the application.

It is considered that the majority of the existing views of the Parramatta River enjoyed from the first floor rooms would remain and that the objective stipulated under Part 7.6.1 of the DCP No. 15, relating to view sharing by both existing and future residents of the municipality would be satisfied. Therefore, the issue on loss of views is not sufficient to warrant the refusal of this application. Accordingly, the proposal is considered to be satisfactory as the proposal would satisfy the objectives stipulated under Part 7.6 of the DCP No.15. Also, refer to part 12 of this report under the heading of Views.

• Removal of trees (in particular a large Jacaranda) to accommodate the proposed swimming pool and spa. This tree provides privacy.

Comment: This tree is located on the subject property and should not be relied on in terms of privacy. Council’s Landscape Advisor has not raised any objection to the removal of this tree. Recommendation has been made that a tall shrub with a maximum mature height of 2-3 metres. Syzygium “Aussie Compact” is to be planted for screening, along the northern boundary of the subject site. Also, refer to part 12 of this report under the heading of Privacy.

• Objection to the construction of a new fence along the northern boundary of the subject site as it would be out of character wi th the balance of Ellesmere’s southern boundary fence with other adjoining proper ties

Comment: The 2.5m high retaining wall to the rear of the subject site is not considered to be appropriate. Therefore, a special condition will be imposed that the proposed rear fence along the northern boundary of the subject site is to be constructed of timber palings with a maximum height of 1800mm and to be similar to the exiting fence.

• Planting of Leighton green hedge should be replaced with more appropriate Lilly Pilly or some other similar planting, and cro pped to a height no more than 2m

Comment: The submitted landscape plan does not indicate proposed planting of Leighton green hedges. Councils landscape adviser has viewed the landscape plans and concurs that there is no proposal for the planting of Leighton green hedges for this development.

• Noise impacts from the close proximity of the propo sed swimming pool, spa and pump

Comment: The owners of (apartment 2, 4, and 5) of 20 Foss Street have objected in relation to potential noise impacts resulting from the swimming pool and filter pump being positioned in close proximity to their units. The proposed swimming pool would have an acceptable setback of approximately 5-6m from the building at No.20 Foss Street, and would mainly be used during the warmer periods of the year. It is considered that the distance separation of the proposed pool is adequate in an urban residential area. Also, the proposal provides screen planting and a masonry 2.5m high wall to further protect the privacy of the adjoining northern property. This measure is not considered to be required as Council’s Landscape advisor has recommended that the screen planting is too high and should be replaced with a more appropriate tall shrub, which will grow to a maximum of 2-3m. Refer to part 7.5 of this report.

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The proposed plans indicate that the filter would be located approximately 13.5m from the building at No.20 Foss Street. It is considered that the distance separation of the proposed pool filter from the adjoining properties is adequate in an urban residential area.

Also, refer to part 12 of this report under the heading of Privacy.

• Damage to the structure of the building at No.20 Fo ss Street, resulting from the excavation of the pool and spa

Comment: Special and standard conditions have been imposed in relation to excavation, which require the protection of adjoining buildings and a comprehensive report prepared by a Geotechnical Engineer. The following condition will be imposed as a Special Condition: Approval To Proceed With Rock Excavation A comprehensive report prepared by a Geotechnical Engineer of all adjoining and

nearby buildings shall detail the measures recommended to be utilised in undertaking the work so as to prevent any damage to any adjoining or nearby buildings.

a) Arrangements are to be made for the Geotechnical Engineer to provide personal

supervision of the works in progress and for the duration of the works. b) The adjoining building at No.20 Foss Street, Hunters Hill, shall be inspected and a

status report of all existing conditions and standards of finishes prevailing prior to any excavation, rock breaking, or associated work commencing, shall be submitted to the Principal Certifying Authority with the application for a Construction Certificate.

All material removed from or imported to the site shall be loaded, unloaded or

conveyed in such a manner that it does not cause nuisance. The contents of all trucks shall be covered and site controls shall include shaker grids at the exits of the site. All materials falling to any part of the road reserve or any public place shall be immediately removed and all such surfaces shall be kept free of such materials.

The following condition will be imposed as a Standard Condition (C12): Excavation Below Adjoining Building Level

Where an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made shall, at their own expense: a) Preserve and protect such building from damage; and b) If necessary, underpin and support such building in an approved manner. The person causing the excavation referred to in sub-condition (a) shall, seven (7) days before excavation below the level of the base of the footings of a building on an adjoining allotment of land, give notice of their intention to do so to the owner of the adjoining allotment of land and shall, at the same time, furnish to such owner particulars of the work they propose to do.

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A copy of the letter is to be submitted to the Principal Certifying Authority for evidence of compliance with the above condition prior to commencement of excavation. Note: Details of any underpinning works, prepared and certified by a Practicing Structural Engineer, shall be submitted with the Construction Certificate. If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the provisions of Clause 78D of the Environmental Planning & Assessment Regulation, 1998, must be complied with. • Objection to the construction of a retaining wall to the northern boundary of

the subject site as it will detrimentally impact on our retaining wall and our existing established trees and shrubs may be damage d or destroyed

Comment: The 2.5m high retaining wall to the rear of the subject site is not considered to be appropriate. Therefore, a special condition will be imposed that the proposed rear fence along the northern boundary of the subject site is to be constructed of timber palings with a maximum height of 1800mm and to be similar to the exiting fence. 15. CONCLUSION – THE PUBLIC INTEREST Subject to conditioning, the proposed works are considered acceptable and would have no unreasonable impacts upon the adjoining properties. The proposal has been assessed in terms of the public interest and following compliance with the relevant development standards and objectives in Development Control Plan No.15 and Hunters Hill Local Environmental Plan No.1, the application is considered acceptable. The proposal has been assessed having regard to the relevant matters for consideration under s79 C of the Environmental Planning and Assessment Act 1979, Hunters Hill Local Environmental Plan No. 1, and Development Control Plan No. 15. Subject to conditioning, for the reasons outlined in this report it is considered that the proposed development would not unduly impact upon the adjoining residential properties and accordingly is recommended for approval.

FINANCIAL IMPACT

There is no direct financial impact on Council’s adopted budget as a result of this report. RECOMMENDATION

That a “Deferred Commencement” consent be granted pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979. The development consent as contained in Schedule 2 shall not operate (or be issued) until such time as the matters contained in Schedule 1 are finalised to the satisfaction of Council. Schedule No.1 That amended plans be submitted to the satisfaction of Council accurately indicating that the proposal would comply with the two (2) storey height limit of Clause 15 of LEP No.1, by deleting part of the lower ground floor ensuite from bedroom No.5 and part of the internal access landing area from the rumpus and garage, which are considered to result in an additional storey.

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Schedule No.2 That Development Application No.08/1088 for alterations and additions, swimming pool and spa at No.3 Woodward Road, Hunters Hill, be approved, subject to the following conditions: Special Conditions:

1. Pursuant to the provisions of the Environment Planning and Assessment Act 1979 this approval shall lapse and be void if the building work or use to which it refers is not substantially commenced within two (2) years after the date of approval.

2. The development consent No.08/1088 relates to the plans prepared by Jonathan West Design, numbered DA01-DA09, all issue F, dated 17 December 2008. Schedule of colours and finishes prepared by unknown author, date stamped by Council on 10 November 2008.

3. That the proposed garage door is to be in a dark and recessive tone/colour (i.e. ceder). Details to be provided prior to the issue of the Construction Certificate.

4. Substitute the proposed Bambusa lako (Timorese Black Bamboo) for a smaller tall

shrub with a maximum mature height of 2-3 metres. Syzygium “Aussie Compact” is considered a suitable replacement species. Amended Landscape Plan is to be submitted prior to the issue of the Construction Certificate.

5. That the proposed rear fence along the northern boundary of the subject site is to be

constructed of timber palings with a maximum height of 1800mm and to be similar to the exiting fence. Amended plans are to be submitted prior to the issue of the Construction Certificate.

6. That a detail drainage plan indicating disposal of stormwater from existing roofed and hard paved areas, and tank storage overflow disposal, being submitted prior to issue of Construction Certificate.

7. A comprehensive report prepared by a Geotechnical Engineer of all adjoining and

nearby buildings shall detail the measures recommended to be utilised in undertaking the work so as to prevent any damage to any adjoining or nearby buildings.

a) Arrangements are to be made for the Geotechnical Engineer to provide

personal supervision of the works in progress and for the duration of the works.

b) The adjoining building at No.20 Foss Street, Hunters Hill, shall be inspected

and a status report of all existing conditions and standards of finishes prevailing prior to any excavation, rock breaking, or associated work commencing, shall be submitted to the Principal Certifying Authority with the application for a Construction Certificate.

All material removed from or imported to the site shall be loaded, unloaded or conveyed in such a manner that it does not cause nuisance. The contents of all trucks shall be covered and site controls shall include shaker grids at the exits of the site. All materials falling to any part of the road reserve or any public place shall be immediately removed and all such surfaces shall be kept free of such materials.

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Standard Conditions:

A4-A9, B1, B7, C1-C5, C11, C12, C14, C19, C35, C40-C42, C44, D2, D13-D19, FS2, L2, L4, PE4, PE5, S1, S7(50%), SP2-SP10, SP14-SP19. ATTACHMENTS 1. Locality Map 2. Proposed Plans 3. Submissions

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ITEM NO : 2 DEVELOPMENT APPLICATION NO : 08/1098 PROPOSAL : DEMOLISH EXISTING SINGLE STOREY

DWELLING & CONSTRUCT A NEW TWO-STOREY DWELLING & LANDSCAPING

PROPERTY : 16A WOOLWICH ROAD, HUNTERS HILL APPLICANT : CHATEAU CONSTRUCTIONS P/L

C/O GLENDINNING MINTO & ASSOCIATES OWNER : DEAN BIANCO DATE LODGED : 3 SEPTEMBER 2008 BUSINESS PROGRAM : DEVELOPMENT CONTROL REPORTING OFFICER : SHAHRAM ZADGAN FILE : 1760/16A & DA08/1098 1. SUMMARY

Reasons for Report

The proposal results in three (3) objections received in response to the neighbour notification process.

Issues

• The proposed windows from the ground and first floors of the new dwelling would result in privacy impacts (overlooking) into the rear deck and pool area of No.7 Garrick Avenue, which is the property located to the rear of No.16A Woolwich Road, and set lower than the subject site. To resolve this matter the first floor windows should be above 1.8m in height to restrict overlooking or obscured glazing, which cannot be seen through. The ground floor will require privacy screening.

• Why Council permitted the applicant to remove some four (4) large trees approximately six (6) months ago prior to this development.

• The residents of No.16 Woolwich Road raise concern to the side setback non-compliance of the proposed garage and guest room. Removal of large shrub and tree from the front of the dwelling. Design, height, size, bulk/scale, materials would result in adverse impacts on the streetscape and locality. External colour is considered to be too light. If Council decides to approve this DA we request that a condition be imposed that the vines and their roots on the western side of the property on the timber and tennis court be preserved.

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Objections

Three (3) objections were received.

Recommendation

The application is recommended for approval because it;

1. is permissible under the zoning

2. complies with the relevant planning objectives contained in Hunters Hill Local Environmental Plan No.1 and Development Control Plan No.15

3. is appropriate

4. will not have adverse effects on the amenity of adjoining properties such is justified. 2. DESCRIPTION OF PROPOSAL Council received a development application for the demolition of the existing dwelling and the construction of a new two storey dwelling house, front fence and landscaping at 16A Woolwich Road, Hunters Hill. The proposal consists of: Ground floor Garage, guest, shower, wine storage, porch, foyer, study, powder room, laundry, living, kitchen, dining and terrace with vergola over. First Floor Master bedroom with ensuite and walk-in-robe, three (3) bedrooms, rumpus, bathroom and balcony (facing the street). Site works • Sandstone front fence and gate with a height of 1200mm • 10000L water tank • Landscaping • New driveway and turning bay 3. DESCRIPTION OF SITE AND LOCALITY The site is situated on the northern side of Woolwich Road, between Passy Avenue and Crescent Street. The land is rectangular in shape with a frontage of 16.765m, boundary lengths of 54.87m resulting in an overall site area of 921.8m2. A low scale single storey, three-bedroom circa 1970s dwelling currently occupies the site. Surrounding development generally consists of dwelling houses of one to two storeys. The site is located within the conservation area.

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4. PROPERTY HISTORY

• On 29 June 2004, Development Application No.2004/1095 was lodged with Council for demolition of the existing dwelling and construction of a two storey dwelling, swimming pool and fence. This application was approved at an Ordinary Council Meeting (No. 4184 of Council on 13 December 2004). This application is still active, as works have commenced, being the swimming pool. In order for the approval of the subject application to be activated, DA2004/1095 has to be surrendered, so that only the works proposed from the subject application are executed.

• On 19 December 2008, Council received amended plans. 5. STATUTORY CONTROLS 5.1 Relevant Statutory Instruments Environmental Planning and Assessment Act, 1979 LEP No 1 (as amended) Zone: Residential 2(a2) Conservation Area: Yes Foreshore Scenic Protection Area: Yes Development Control Plan: DCP No. 15 - Residential Development Contributory Building: No Listed Heritage Item: No Vicinity of Heritage Item: Yes

18 Woolwich Road 1 Wybalena Road)

6. POLICY CONTROLS

Development Control Plan No.15. 7. REFERRALS 7.1 External Approval Bodies Not applicable. 7.2 Health & Building

Not applicable. 7.3 Heritage

As stated within the body of the report, the property is located with the conservation area under Hunters Hill Local Environmental Plan No.1. The proposal was referred to Council’s Heritage Advisor who provided the following comments:

Heritage Status: within Conservation Area No 1 (Peninsula), within Foreshore Scenic Protection Area, Heritage items in vicinity include: 18 Woolwich Road (“Threlkeld”); 7 Woolwich Rd (“Clifton”); 1 Wybalena Rd (“Morningsea”).

Statement of Heritage Impact: by David Ives- O.K.

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Description : It is proposed to demolish the existing seemingly post WWII cottage and erect a new two-storey house with garage structure within the front setback. New fence to Woolwich Road.

Referral: The application was referred to Council’s Conservation Advisory Panel and considered at its meeting of November 2008, the minutes for which are:

The Panel was addressed by the owner, Luke Dean and the architect from Chateau Homes, Roderick McDonald. It was advised that Council had previously given consent for a new dwelling on the subject property but that the consent had now lapsed. A proposal for a new house with attached garage, similar in formal arrangement to that at 16B Woolwich Road was presented to the Panel. In discussing the proposal, the Panel noted the following:

• The garage appears to be at a setback distance of less than the 1500 mm minimum required under DCP 15.

• North Elevation: the bow window has an excessive extent of glazing.

• Front Fence: of an inappropriate detail and excessive in height, in terms of streetscape and character of the area, the applicant was advised to refer to Council’s guidelines for a simpler traditional fence, such as timber picket or sandstone (not exceeding 1.2 metres).

• The proposed external colours and finishes were examined and considered appropriate.

Committee Resolution : That the Manager, Development and Environment be advised of the Panel’s general support for the proposal, subject to the rectification of the matters raised, and consequent design amendments.

Statutory Provisions:

18A Foreshore Scenic Protection Area [FSPA]

The council may not grant consent under the Act to an application to carry out development on land within the Foreshore Scenic Protection Area, being that area shown by hatching on the map marked “Hunter’s Hill Local Environmental Plan No 14—Heritage Conservation” unless it has made an assessment of:

(a) the appearance and visual quality of the proposed development

when viewed from the waterway, and

Comment: While the property is within the designated FSPA, it will not be visible from the waterways due to its distance from, the elevated topography and intervening development between the subject property and the waterways.

(b) the impact of the proposed development on the view towards the

waterway from public roads and from public reserves or from land within Zone No 6 (a) or 6 (b).

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Comment: The proposal will have nil impact on views towards the waterways from the identified lands and reserves.

19A Conservation areas

(1) A person shall not, in respect of a conservation area:

(a) demolish or alter a building or work within the area,

Comment: the proposal entails the demolition of a house which is of apparent

post WWII construction and could best be described as a making a “neutral” contribution to the character of the conservation area.

(b) damage or move a relic within the area,

Comment: it is not known that the site contains relics. Should relics be

discovered, they are necessarily subject to the “at large” provisions of the NSW Heritage Act 1977 9s140).

(c) excavate for the purpose of exposing a relic within the

area, Comment: see comments re: Cl. 19A(b)

(d) damage or despoil a place within the area, or

Comment : the intent appears to be to erect a new house that will make an equal or better contribution to the streetscape of Woolwich Road, and the character of the conservation area.

(e) erect a building on or subdivide land within the area,

Comment : the proposal entails the erection of a building on the land, but no

subdivision.

except with the consent of council.

(2) The council shall not grant consent to an application to carry out development on land within a conservation area unless it has made an assessment of the extent to which the carrying out of the development in accordance with the consent would affect the heritage significance of the conservation area.

Comment: the existing building makes, at best, a “neutral” contribution to the

conservation area, being representative of post WWII “infill” development that occurred with the subdivision of larger estates. The proposed building will make a similar contribution, albeit being a larger house and demonstrative of contemporary social mores and desires in terms of stylistic pretensions and appointment.

(3) The council shall not grant consent to an application, being an application

to erect a new building or to alter the exterior of an existing building, unless the council has made an assessment of:

(a) the pitch and form of the roof,

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Comment: the pitch of the roof to the house is nominated as 25° on the

drawings, and is hipped. The garage/ guest accommodation wing has an ostensibly “flat” roof behind a parapet, which is appropriate given its position relative to the house.

(b) the style, size, proportion and position of the openings for

windows and doors, and

Comment: the composition of the façades is generally one that follows the “windows within walls” approach and the areas of wall that will be visible from the street generally have vertically proportioned windows of a ratio of width to height that is characteristic of the building stock found in the conservation area. The rear elevation contains comparatively large areas of glazing- presumably to take advantage of the orientation and solar access, while some service areas to the rear have horizontally proportioned windows, as does the east elevation. The west wall of the proposed guests accommodation has horizontally proportioned highlights, but these are adjacent the tennis court fence of the adjoining property at 16 Woolwich Road and will be largely screened by the climbers.

(c) whether the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building are compatible with the materials used in the existing buildings in the conservation area.

Comment : the external materials, finishes and colours are seemingly proposed as per the Resene brush-outs provided on file. The colours are a range of generally neutral tones ranging from Colorbond “Black” to the “anodic white” of the windows.

It is not clear from the drawings as to what colours relate to the various elements of the building otherwise. This should be clarified- particularly in relation to the proposed shutters/ jalousies and as to whether, for example, the windows/ shutters/ jalousies nominated as “Western Red Cedar windows throughout” are to be painted “Anodic White” or otherwise. Likewise, the gutter colour is nominated, but not the rainheads and downpipes- if the intention is that the spouting is to be black, I would not consider this supportable. Recommendation: I find the proposal, in light of the above assessment, to be generally supportable in terms of potential heritage impacts.

The range of colours chosen could be construed as a range of somewhat ‘”dark, earthy, recessive tones”, but it is difficult to make an assessment of the overall impact, given the strong contrasts represented at the extremes of the range. In my view, the colour scheme should be clarified further.

In view of the above heritage comments an additional special condition will be imposed in the recommendation section of this report relating to the finish colour of the building. 7. 4 Public Works and Infrastructure

The application was referred to Council’s Development Engineer who raised no objections, subject to special conditions.

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7.5 Parks & Landscape

The application was referred to Council’s Landscape Advisor provided the following comments:

A Landscape Plan (prepared by iscape Landscape Architects, dwg no 50.08/115A, date stamped 3rd September) has been received and reviewed:-

• The Landscape Plan proposes the planting of Elaeocarpus reticulautus

(Blueberry Ash). Notwithstanding that Elaeocarpus reticulatus (Blueberry Ash) is indigenous to the locality, Council has a policy not to include this species in amenity landscapes as they have proven to self-seed to the detriment of the local bushland. A substitute species is therefore required.

• I understand that the owner/residents of No.16 have expressed their

concern that the construction of this residence will have an adverse effect on the roots of the well established screen vine of Star Jasmine (Trachelospermum jasminoides) and Ficus pumila (Climbing Fig). Both species are vigorous and hardy plants and it is my opinion that if due care is taken during the demolition and construction phase, the roots of the Star Jasmine and Climbing Fig can be retained with minimal damage to the root system.

To ensure the protection of the Star Jasmine and Climbing Fig throughout the demolition and construction phase, a qualified Horticulturalist should be engaged to prepare and implement protection measures.

Recommendations

Approve this DA with regards to landscape issues subject to the following conditions:-

1. Substitute the proposed planting of Elaeocarpus reticulautus (Blueberry

Ash) with an alternate species not regarded as an environmental or noxious weed.

2. To ensure the protection of the established screen vine protection

measures should be prepared by a qualified Horticulturalist. In view of the above comments additional special conditions will be imposed in the recommendation section of this report reflecting the issues raised. 8. ENVIRONMENTAL ASSESSMENT UNDER S.79C

The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings. 9. STATE INSTRUMENTS / LEGISLATION

9.1 State Environmental Planning Polici es (SEPPs)

Not applicable. 9.2 Regional Environment Plans (REPs)

Not applicable.

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9.3 Other Legislation

Not applicable. 10. HUNTERS HILL LOCAL ENVIRONMENTAL PLAN NO. 1

10.1 Aims and Objectives of Hunters Hill Local Env ironmental Plan No.1 and Zone

The proposal is permissible with consent under Zone 2(a2) and complies with the relevant statutory controls of Hunters Hill Local Environmental Plan No.1. 10.2 Statutory Compliance Table

The following table illustrates whether or not the proposed development complies with the relevant statutory controls of Hunters Hill Local Environmental Plan No.1. Compliance with Current Statutory Controls

Proposed Control Compliance

HEIGHT Ceiling

6.2 metres

7.2 metres

Yes

Storeys 2 storey 2 storeys Yes Garden Area 51% 50% Yes

10.3 Site Area Requirements

The proposal complies with these requirements. 10.4 Residential flat buildings and low-rise mul ti-unit housing-density and garden

area controls

Not applicable.

10.5 Height of Buildings

The height of the proposal, being 6.2 metres and 2 storey in height is acceptable as it would comply with the maximum of 7.2 metres/no more than two storeys height limit as prescribed by Clause 15 of the Hunters Hill Local Environmental Plan No.1. 10.6 Garden Area

The proposed revised garden area of 51% would be above the 50% minimum permissible garden area as prescribed by the Hunters Hill Local Environmental Plan No.1. 10.7 Integrated Housing Development

Not applicable.

10.8 Foreshore Building Lines

Not applicable.

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10.9 Foreshore Scenic Protection Area The subject site is also located with the Foreshore Scenic Protection Area and, as such, assessment is required in accordance with Clause 18A of Hunters Hill Local Environmental Plan No.1. Clause 18A states:

18A. The Council may not grant consent under the Act pursuant to an application to carry out development on land within the Foreshore Scenic Protection Area, being that area shown by hatching on the map marked ‘Hunter's Hill Local Environmental Plan No.14. - Heritage Conservation’, unless it has made an assessment of:

(c) the appearance and visual quality of the proposed development

when viewed from the waterway; and (d) the impact of the proposed development of the view towards the

waterway from public roads and from public reserves or from land within Zone No. 6(a) or 6(b).

The proposed dwelling would not be visible from the waterway and accordingly would not affect the visual amenity of the foreshore. 10.10 Other Special Clauses / Development Standar ds

Not applicable. 11. DRAFT AMENDMENTS TO STATUTORY CONTROLS

No relevant draft amendments pertaining to this application. 12. DEVELOPMENT CONTROL PLANS (DCPs)

12.1 Compliance Table Residential Development Contr ol Plan No.15 CONTROL REQUIRED/

PERMISSIBLE PROPOSED COMPLIANCE

HEIGHT Ceiling

7.2m

6.2m

Yes

Storeys 2 2 Yes Garden Area 50% 51% Yes BOUNDARY SETBACKS Dwelling house South (Front) North (Rear) East (Side) West (Side)

Average street pattern 6m 1.5m 1.5m

9.3m 17.4m 1.51m 1.25m-1.57m

Yes Yes Yes No

Planning Policy – All Development

The proposal complies with the relevant objectives, design parameters and preferred design elements under Part 3 of Development Control Plan No.15. Heritage Conservation Areas

The proposal complies with the relevant objectives under Part 4 of Development Control Plan No.15.

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Foreshore Scenic Protection Area

Refer to section 10.9 of this report ‘Foreshore Scenic Protection Area’. Visually Prominent Sites

Not applicable. Height

Refer to section 10.5 of this report ‘Height of Buildings’. Front, Side and Rear Setbacks

The proposed ground floor garage and guest room to the front, on the western side of the dwelling appear to have a 1250mm side setback. This non-compliance is considered to be acceptable as the proposed garage and guest room are adjacent to a tennis court to the west, being the property of No.16 Woolwich Road. The non-compliance is along a 13m single storey wall with only two (2) 1800mm high sill windows. Exceptions are permitted to side boundary setbacks, where it can be demonstrated that the objectives (loss of privacy and solar access) of the setback controls can be achieved without strict adherence to the standards. It is considered that the proposal would not impact upon the adjoining property to the west (No.16 Woolwich Road) in terms solar access, as indicated on the submitted shadow diagrams, and loss of privacy. It is considered that the proposal has been assessed against the objectives under Part 7.2 of the DCP No.15 (following characteristic pattern of setbacks for locality, sunlight, privacy, views and streetscape, as has been assessed within the body of the report) and is considered to satisfy the relevant objectives as there would be no unreasonable impacts upon the amenity of the adjoining properties. Garden Area

Refer to section 10.6 of this report ‘Garden Area’. Solar Access

The submitted shadow diagrams indicate that there would be minor overshadowing to the west of the subject site (approximately 1/3 of the tennis court) at No.16 Woolwich Road, and cast partly within the subject property, at 9am mid winter. The extent of shadowing is minimal and is not considered to be significant.

The shadow diagrams indicate that there would be additional overshadowing to the east of the subject site, at No.16B Woolwich Road, at 12 noon mid winter. The extent of shadowing is minimal and is not considered to be significant. The submitted shadow diagrams indicate that there would be additional overshadowing within the subject site and to the adjoining property at No.16B Woolwich Road, at 3pm mid winter. The additional shadows fall mostly on the existing roof of the dwelling of No.16B Woolwich Road, and would affect less than 33% of the existing recreational open space to the adjoining property.

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Accordingly, the proposal would comply with the general requirements, being that new development must not eliminate more than one third of the existing sunlight to adjacent properties at ground level, measured at 9.00am, 12noon and 3.00pm of the winter solstice. Accordingly, the proposal would satisfy the objectives stipulated under Part 7.4.1 of the Development Control Plan No.15. Privacy

The residents of No.7 Garrick Avenue have objected in relation to privacy impacts from the rear elevation of the proposed dwelling on their rear terrace and swimming pool area. It is considered that privacy impacts would not eventuate as a result of the north (rear) elevation of the proposed dwelling, as there is sufficient separation of approximately 15.7m to the rear boundary of the subject allotment and a greater distance of separation from the proposed building to the rear neighbouring dwelling (No.7 Garrick Avenue) of approximately 39.5m. This separation is considered to be sufficient in a residential urban area and would be similar or greater than other rear setbacks provided by other existing surrounding dwellings. Also, the proposed first floor level consists of a mainly bedroom(s) which are low use rooms and low trafficable, which would not result in significant privacy impacts.

It is acknowledged that the rear adjoining property at No.7 Garrick Avenue is set lower than the subject site. However, notwithstanding the distance of separation, the submitted landscape plan attempts to protect the privacy of the rear adjoining properties by providing a row of 11 Dwarf Lilly Pill trees, which grow 3m in height, along the northern (rear) dividing boundary of the subject allotment. The proposed dwelling, due to its positioning of window openings, separation from adjoining properties and orientation is considered to provide for the reasonable privacy to the adjoining dwellings and their outdoor spaces, accordingly, satisfying the objectives stipulated under Part 7.5.1 of the Development Control Plan No.15. Views

The proposed works are considered to be satisfactory, given that no views from any adjoining properties would be affected.

Car Parking

The proposal complies with Part 7.7.2(f)(h) of the DCP, as two (2) car parking spaces have been provided for a gross floor area in excess of 125sqm. Garages and Carports The proposed double garage has been integrated to the front of the dwelling. The garage doors are not visible from the street, as they have been oriented to face within the property. Also, the plans indicate a satisfactory driveway and turning circles. Therefore, it is considered that the proposed double garage would not adversely impact upon the streetscape as set out in Part 8.3.3 of the DCP No. 15 and would also satisfy the underlying planning principles/objectives of the Code. Fences The proposal indicates a 1200mm high sandstone front fence with wrought iron gates. The height and materials of the proposed fence are considered satisfactory and would comply with Part 9 – Fences of DCP No.15.

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12.2 Other DCPs, Codes and Policies

Not applicable. 13. THE LIKELY IMPACTS OF THE DEVELOPMENT

The proposal is considered not to unreasonably impact upon the amenity of the adjoining properties or the Woolwich Road Streetscape. As stated within the body of the report, the proposal would satisfy the objectives of the Development Control Plan No.15. There would be no impact upon the natural and built environment within the vicinity of the subject site as a result of the proposed works. Furthermore, there would be no social and economic impacts to the locality as a result of the proposed works. 14. SUBMISSIONS

The proposed development was notified in accordance with Council’s Development Control Plan No.15 for a period of thirty (30) days on 17 September 2008. Within the specified time period two (2) submissions were received. On 19 December 2008 Council received amended plans and on 14 January 2009 the amended plans were re-notified to the surrounding neighbours for a period of thirty (30) days, in which Council received three (3) submissions. Copies of the submissions are attached to the report. NOTIFICATION REQUIRED YES NUMBER NOTIFIED 14 SUBMISSIONS RECEIVED Name & Address of Respondents

SUMMARY OF SUBMISSIONS

Greg & Rachel Gleeson 7 Garrick Avenue Hunters Hill

• The proposed windows from the ground and first floors of the new dwelling would result in privacy impacts (overlooking) into the rear deck and pool area of No.7 Garrick Avenue, which is the property located to the rear of No.16A Woolwich Road, and set lower than the subject site. To resolve this matter the first floor windows should be above 1.8m in height to restrict overlooking or obscured glazing which can not be seen through. The ground floor will require privacy screening.

Andrew Charalambous 7a Woolwich Road Hunters Hill

• Why Council permitted the applicant to remove some four (4) large trees approximately six (6) months ago prior to this development.

• Council also received several other letters of correspondence with this submission, which have no relevance to this development application. Therefore, no comment will be made within this report on those matters as they do not relate and are outside of the scope of this application.

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NOTIFICATION REQUIRED YES NUMBER NOTIFIED 14 SUBMISSIONS RECEIVED Name & Address of Respondents

SUMMARY OF SUBMISSIONS

Tim & Jan Hawcroft 16 Woolwich Road Hunters Hill

• The residents of No.16 Woolwich Road raise concern to the side setback non-compliance of the proposed garage and guest room. Removal of large shrub and tree from the front of the dwelling. Design, height, size, bulk/scale, materials would result in adverse impacts on the streetscape and locality. External colour are considered to be too light. If Council decides to approve this DA we request that a condition be imposed that the vines and their roots on the western side of the property on the timber and tennis court be preserved.

The main issues of concern outlining the objections are discussed below: • The proposed windows from the ground and first floo rs of the new dwelling

would result in privacy impacts (overlooking) into the rear deck and pool area of No.7 Garrick Avenue, which is the property locat ed to the rear of No.16A Woolwich Road, and set lower than the subject site. To resolve this matter the first floor windows should be above 1.8m in height to restrict overlooking or obscured glazing which can not be seen through. The ground floor will require privacy screening.

Comment: It is considered that privacy impacts would not eventuate as a result of the north (rear) elevation of the proposed dwelling, as there is sufficient separation of approximately 15.7m to the rear boundary of the subject allotment and a greater distance of separation from the proposed building to the rear neighbouring dwelling (No.7 Garrick Avenue) of approximately 39.5m. This separation is considered to be sufficient in a residential urban area and would be similar or greater than other rear setbacks provided by other existing surrounding dwellings. Also, the proposed first floor level consists of a mainly bedroom(s) which are low use rooms and low trafficable, which would not result in significant privacy impacts.

The rear adjoining property at No.7 Garrick Avenue is set lower than the subject site. However, notwithstanding the distance separation, the submitted landscape plan attempts to protect the privacy of the rear adjoining properties by providing a row of 11 Dwarf Lilly Pill trees, which grow 3m in height, along the northern (rear) dividing boundary of the subject allotment. • Why Council permitted the applicant to remove some four (4) large trees

approximately six (6) months ago prior to this deve lopment. Comment: Council’s Parks and Landscape Coordinator granted permission under Council’s Tree Preservation Order (TPO) to remove six (6) trees. These approvals were provided through three (3) separate TPO’s, dated 26 February 2008, 24 June 2008, and 29 July 2008.

Therefore, assessment of the TPO’s has been undertaken and these trees were removed legally with Council’s consent.

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A copy of the TPO’s have been attached to this report. It should be noted that the subject development application was received by Council on 3 September 2008, which is after the TPO’s were approved by Council and do not form part of the assessment of this application. • The residents of No.16 Woolwich Road raise concern to the side setback non-

compliance of the proposed garage and guest room. R emoval of large shrub and tree from the front of the dwelling. Design, he ight, size, bulk/scale, materials would result in adverse impacts on the st reetscape and locality. External colour is considered to be too light. If C ouncil decides to approve this DA we request that a condition be imposed that the vines and their roots on the western side of the property on the timber a nd tennis court be preserved.

Comment: Council’s Parks and Landscape Coordinator granted permission under Council’s Tree Preservation Order (TPO) to remove six (6) trees. These approvals were provided through three (3) separate TPO’s, dated 26 February 2008, 24 June 2008, and 29 July 2008. Therefore, assessment of the TPO’s has been undertaken and these trees were removed legally. A copy of the TPO’s have been attached to this report. It should be noted that the subject development application was received by Council on 3 September 2008, which is after the TPO’s were approved by Council and do not form part of the assessment of this application.

The height of the proposal, being 6.2 metres and 2 storey in height is compliant with the DCP No.15 and also comply with the maximum of 7.2 metres/no more than two storeys height limit as prescribed by Clause 15 of the Hunters Hill Local Environmental Plan No.1. The bulk and scale of the development is considered to be acceptable as it would be comparable in size to other developments within the vicinity and would not result in streetscape impacts. The proposed colour for the external walls is Resene – Pravada, which is considered to be a dark and recessive earthy tone/colour. The application was referred to Council’s Landscape Advisor, who provided the following comments in relation to the vines and their roots along the western side of the subject property:

I understand that the owner/residents of No.16 have expressed their concern that the construction of this residence will have an adverse effect on the roots of the well established screen vine of Star Jasmine (Trachelospermum jasminoides) and Ficus pumila (Climbing Fig). Both species are vigorous and hardy plants and it is my opinion that if due care is taken during the demolition and construction phase, the roots of the Star Jasmine and Climbing Fig can be retained with minimal damage to the root system. To ensure the protection of the Star Jasmine and Climbing Fig throughout the demolition and construction phase, a qualified Horticulturalist should be engaged to prepare and implement protection measures.

Recommendation

To ensure the protection of the established screen vine protection measures should be prepared by a qualified Horticulturalist.

A special condition will be imposed to reflect the above comments.

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15. CONCLUSION – THE PUBLIC INTEREST As previously discussed under Part 12 – Development Control Plans of this report, under the heading of Front, Side and Rear Setback, the proposed ground floor garage and guest room to the front, on the western side of the dwelling appear to have a 1250mm side setback. This non-compliance is considered to be acceptable as the proposed garage and guest room are adjacent to a tennis court to the west, being the property of No.16 Woolwich Road. The non-compliance is along a 13m single storey wall with only two (2) 1800mm high sill windows. Exceptions are permitted, where it can be demonstrated that the objectives of the setback controls, particularly privacy and solar access can be achieved without strict adherence to the standards. It is considered that the proposal would not impact upon the adjoining property to the west (No.16 Woolwich Road) in terms solar access (as indicated on the submitted shadow diagrams) and privacy.

Also, the proposed garage and guest room would not result in streetscape impacts when viewed from oblique views, as the existing vine planting along the tennis court fence (west) of No.16 Woolwich Road, would soften the appearance of the proposed single storey part of the building.

The proposed dwelling is in comparison a modest development compared to the current approval of a new dwelling approved under DA No.2004/1095 which was lodged with Council for demolition of the existing dwelling and construction of a two storey dwelling with basement garaging (involving extensive excavation), swimming pool and fence. Also it should be noted that the previous application accompanied a SEPP1 application in relation to height. This proposed dwelling has a smaller footprint and has less bulk and scale in comparison to the previous approved DA No.2004/1095. The proposal has been assessed having regard to the relevant matters for consideration under s79 C of the Environmental Planning and Assessment Act 1979, Hunters Hill Local Environmental Plan No. 1, and Development Control Plan No. 15. For the reasons outlined in this report it is considered that the proposed development would not unduly impact upon the adjoining residential properties and accordingly is recommended for approval.

FINANCIAL IMPACT

There is no direct financial impact on Council’s adopted budget as a result of this report. RECOMMENDATION

That Development Application No.08/1098 for the demolition of the existing dwelling and the construction of a new two-storey dwelling house, front fence and landscaping at No.16A Woolwich Road, Hunters Hill, be approved, subject to the following conditions: Special Conditions:

1. Pursuant to the provisions of the Environment Planning & Assessment Act 1979 this approval shall lapse and be void if the building work or use to which it refers is not substantially commenced within two (2) years after the date of approval.

2. The development consent No. 08/1098 relates to the plans prepared by Chateau Homes, sheet 1 of 3, 2 of 3 and 3 of 3, dated 9 December 2008, date stamped by Council on 19 December 2008, schedule of colours and finishes prepared by Glendinning Minto and Associates P/L, dated 27 October 2008, date stamped by Council on 28 October 2008, Landscape Plan prepared by Iscape, dated August 2008, date stamped by Council on 3 September 2008.

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3. Substitute the proposed planting of Elaeocarpus reticulautus (Blueberry Ash) with an alternate species not regarded as an environmental or noxious weed. Amended plans are to be submitted prior to the issue of the Construction Certificate.

4. To ensure the protection of the established screen vine along the western side of

the tennis court of No.16 Woolwich Road, protection measures should be prepared by a qualified Horticulturalist. Details are to be provided prior to the issue of the Construction Certificate.

5. The consent and conditions of Development Application 2004/1095 have to be

surrendered, to ensure that only the works proposed from the subject application are executed. The consent and conditions of Development Application 2004/1095 are to be surrendered to Council prior to the issue of the Construction Certificate.

6. Stormwater storage and disposal facilities being constructed in accordance with plan

Healey Castle and Associates. Installation of any discharge line to Council’s gutter being undertaken after payment of road opening and restoration charges, under supervision of Council’s Public Works & Infrastructure Department.

7. Public footpath and roadway adjacent to the site being kept clear of building

materials, silt and debris at all times. Permits must be obtained to stand skip bins, cranes or concrete pumps on Council property. No work benches or portable toilets may be established on Council property.

8. A bond of $3000 being lodged prior to issue of Construction Certificate

refundable on successful protection of Council infrastructure in the vicinity of the works, in particular sandstone kerbs.

9. That an amended schedule of colours and finishes is to be provided clarifying the

proposed colours and where they will be applied on the new dwelling. Two (2) A4 size sheets are to be submitted with actual colour swatches prior to the issue of the Construction Certificate.

Standard Conditions: A4-A9, B1, B7, C1-C5, C8 (No.16A), C9-C11, C14, C19, C35, C40-C42, C44, D1, D2, D13-D19, FS2, L2, L4, PE4, PE5, S1, S7(50%), SP3, SP19.

ATTACHMENTS 1. Locality Map 2. Proposed Plans 3. Submissions 3. Tree Preservation Orders (TPO)

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ITEM NO : 3

DEVELOPMENT APPLICATION NO

08/1144

PROPOSAL : ALTERATIONS & ADDITIONS TO THE EXISTING DWELLING & CONSOLIDATE THE TWO LOTS

BCA CLASSIFICATION 1a

PROPERTY 12a & 12c CRESCENT STREET, HUNTERS HILL

APPLICANT DHG INTERNATIONAL PTY LTD

OWNER MR A G MOUFARRIGE

DATE LODGED 3 DECEMBER 2008 & 12 FEBRUARY 2009

BUSINESS PROGRAM : DEVELOPMENT CONTROL

REPORTING OFFICER : KERRY SMITH SENIOR DEVELOPMENT OFFICER

FILES : 1135/12A & DA08-1144

1. SUMMARY

Reasons for Report

The proposal involved the lodgment of an SEPP No.1 objection in relation to height which exceeds the delegation of Council officers for processing.

Public exhibition

No letters of objection were received as a result of public exhibition. Recommendation The application is recommended for approval for reasons that the proposal is acceptable having regard to;

1. it is permissible under the zoning

2. it complies with the relevant planning objectives contained in State Environmental Planning Policy No.`1, Hunters Hill Local Environmental Plan No.1 and Development Control Plan No.15, and

3. it will not have adverse effects on the amenity of the occupants of adjoining properties,

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2. DESCRIPTION OF PROPOSAL The proposal is to carry out the following internal works:- • At part basement level, to provide at the north west end of the dwelling, a sauna,

contrast bath and new pool plant room, with a 2,500 litre rainwater tank, adjacent to the existing amenities area and involving the erection of a new concrete block wall and associated drainage works.

• At part lower ground floor area, to convert the foundation space into a habitable area

for a master suite, master bathroom, dressing room, cellar, laundry, bar, bathroom and den. A fireplace will be installed in the south west corner of the casual living room.

• At ground floor area, to reconfigure the internal non-load bearing walls and convert

bedrooms 1 to 3 into a master bedroom, dressing room, guest bedroom and guest bathroom. Removal of the laundry will take place for the extension of the family room. A new stairwell will connect with the lower ground floor. Install a new fireplace in the lounge room and one in the family room.

The proposal is also to carry out the following external works:- • Construct a two storey extension to the rear of the eastern wall of the lounge room by

2 metres over the existing terrace of the dwelling. • Reclad the roof in French Causac half round terracotta tiles. • Install a sandstone entry wall with a water feature by the entrance of the dwelling

adjacent to the carport • Removal of the two existing staircases, which extend from the centre of the ground

floor level to the rear garden. • Construct a new brick wall on the southern edge of the carport and provide additional

storage space. • Provide external cladding of the existing brickwork with sandstone or western red

cedar. • Carry out landscaping of the site using native planting. To consolidate the two existing lots so as to create a new hatchet shaped allotment to be lot 13 having an area of 2,360 square metres with a frontage of 6.4 metres to Crescent Street and a frontage of 28.98 metres to Alexandra Bay on the Lane Cove River. This new lot will release a series of easements and rights of carriageway. Accompanying the application are a Statement of Environmental Effects, a Statement of Heritage Impact, a Basix Certificate and a landscape plan.

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3. DESCRIPTION OF SITE AND LOCALITY

The subject site is legally described as Lots 11 and 12 in DP 881541 and is known as 12a and 12c Crescent Street, Hunters Hill. It has a combined frontage of 6.4 metres to Crescent Street, a frontage of 35 metres to the river and a combined area of 2,360 square metres. The subject site is located on the northern side of Crescent Street between Rooke Street and the Lane Cove River. The site is unique in that it is part of a two-lot subdivision in an area that is generally comprised of allotments that extend from the street to the water. Existing on the subject site is an L-shaped two-storey and part single-storey and basement dwelling with a front carport and a swimming pool at the rear of the site facing the water. The premises have a jetty over the water to the rear. Surrounding development comprises one storey, two storey and three-storey dwellings and out buildings, having variations in style, form, period of construction and scale. 4. PROPERTY HISTORY

A representative of the owner sought pre-lodgment advice through Council’s Development Control Unit (DCU) on 24 September 2008 at which part of the development proposal was to alter the common boundary between the two existing lots. The advice given was proposed development included that relating to tree retention, garden area, finished surface materials and landscaping.

5. STATUTORY CONTROLS 5 .1 Relevant Statutory Instruments Environmental Planning and Assessment Act, 1979 Local Environmental Plan No.1 (as amended) Zone: 2(a2) SREP Foreshore Area 2005 Yes Conservation Area: Yes Foreshore Scenic Protection Area: Yes Development Control Plan: Residential Development No.15 Listed Heritage item: No Adjoins heritage building Yes Contributory Building: No Vicinity of Heritage Item: Yes 6. POLICY CONTROLS

Development Control Plan No.15 (Residential Development). 7. REFERRALS 7.1 External Approval Bodies Not applicable. 7.2 Health & Building

Not applicable.

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7.3 Heritage

The subject premises are in a Conservation area and adjoin listed heritage items. They are also in the vicinity of a listed heritage item. Council’s Heritage Adviser by memo dated 28 January 2009 stated:

Heritage Status: within Hunters Hill Conservation Area N° 1 (“Penins ula”), adjoins two SHR listed items, 12 Crescent Street (“Milthorpe”) and 14 Crescent Street (“Hestock”)- though separated by the access of 12 C in the latter case. Foreshore location to Alexandra Bay/ Lane Cove River.

Statement of Heritage Impact: by Neustein Urban

Comments : the existing house has shades of Bruce Goff in its stylistic pretensions, though a much watered-down version, in a “Sydney School” like manner. The proposed works, including the re-cladding- to the walls and roof in stone/ Western Red cedar and terracotta tiles respectively would ostensibly bring the building more in line with the conventionally understood palette of materials characteristic of Hunters Hill. In this particular location, however, I am concerned at the impact of the French terracotta tiles, particularly their colour and acceptance of patina over time. The “replacement glazing” also requires clarification, particularly given its extent facing the water (though compare with 14B-16A).

Otherwise, I find the proposal essentially supportable.

Recommendation: seek further detail on the “French” terracotta tiles and the glazing.

The proposal was referred back to Council’s Heritage Adviser who by memo dated 4 February 2009 stated:

Heritage Status: as previous

Statement of Heritage Impact: as previous

Comments: I met the architect, John Davis, on site and a panel of the proposed roofing tiles had been set-up on the roof to demonstrate the form and finish of the tile. It was explained that the pitch of the roof is too low for conventional tiles, and the Cauzac system overcomes this by virtue of having a waterproofing CFC substrate. The selection is Cauzac “Old Country” which includes a range of earthy, blonde terracotta shades, and is virtually “pre-patina-ed”, so my concerns at the impact of the new roof have been allayed. Generally pan tiles of this nature would not be supportable, but given the circumstances should be of minimal impact in the setting of “Milthorpe” and Hestock”.

We also discussed the glazing and I was advised that it is intended to replace the glass panes with laminated glass, retaining the existing frames and trim.

Recommendation: Approval

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7.4 Public Works and Infrastructure

The proposal was referred to Council’s Assistant Design and Development who raised no objection to the proposal. 7.5 Parks & Landscape

The landscape plan was referred to Council’s Parks & Landscape Co-ordinator who by memo dated 19 December 2008 reported that the application is suitable for approval subject to compliance with condition No. 8 of special conditions as set out in the recommendation. This condition relates to the two (2) existing significant Red Gum trees at the rear of the site and sets out means for the retention and protection of such trees during the construction period. A bond is recommended in this case due to the size and significance of the trees involved. 8. ENVIRONMENTAL ASSESSMENT UNDER S.79C

The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings: 9. STATE INSTRUMENTS / LEGISLATION

9.1 State Environmental Planning Polic ies (SEPPs)

The plans indicate a non-compliance in the building relative to the development standards of height under LEP No.1 which are 2 storeys and 7.2 metres. The development does not comply with the maximum number of storeys and the 7.2 metre height in that the ceiling height of the north-west corner of the existing house. The building measures 8.09 metres and three storeys as existing and this does not change with the works involved. In order to justify the existing height non-conformity, the applicant has submitted an SEPP No.1 objection. The objection addresses such development standard and its non-compliance in relation to the height under the aims and objectives as applying to the development. The applicant is considered to have properly argued that the strict compliance with the standard of two (2) storeys and 7.2 metres height is unreasonable and unnecessary in the circumstances of the case. In support of the objection, the planning consultant for the applicant has stated in part:-

The proposed development does not alter the dwelling’s existing height, bulk or scale. Having been set in its location for nearly 50 years, the existing house has demonstrated its lack of adverse impact upon its neighbours and the locality and requires no reduction in height. The proposed development does not alter the dwelling’s existing height, bulk or scale, which is compatible with the existing and desired future character of the locality which includes heritage items of similar height, bulk and scale. An integral part of the locality for many years, the existing building maintains the character of its residential area. This character will be enhanced by the new or renewed materials proposed as part of the proposal. By infilling the existing foundation areas, the proposal is for the most minimal change consistent with the objective. It will not affect adversely the conservation area, the foreshore or its immediate locality.

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Compliance with the standard would require demolition of part of a building compatible with its environment and with a substantial life ahead. The objectives of the EPA Act would be grossly violated by such waste. The proposal is a particularly responsible proposal which is environmentally sound and of minimal or no impact upon its locality. The objectives of the Act would be more than hindered by requiring compliance with clause 15 of HHLEP.

The objection is considered reasonable to be upheld by Council in the circumstances of the case. A copy of the SEPP No.1 objection is attached. 9.2 Regional Environment Plans (REPs)

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 The subject site is located within the area covered by SREP (Sydney Harbour Catchment) 2005. This plan has a number of general aims and objectives, the most relevant of which, in this case, is as follows:

Aims of plan

(1) This plan has the following aims with respect to the Sydney Harbour Catchment:

(a) to ensure that the catchment, foreshores, waterways and islands of Sydney Harbour are recognised, protected, enhanced and maintained:

(i) as an outstanding natural asset, and

(ii) as a public asset of national and heritage significance, for existing and future generations,

(b) to ensure a healthy, sustainable environment on land and water,

(c) to achieve a high quality and ecologically sustainable urban environment,

(d) to ensure a prosperous working harbour and an effective transport corridor,

(e) to encourage a culturally rich and vibrant place for people,

(f) to ensure accessibility to and along Sydney Harbour and its foreshores,

(g) to ensure the protection, maintenance and rehabilitation of watercourses, wetlands, riparian lands, remnant vegetation and ecological connectivity,

(h) to provide a consolidated, simplified and updated legislative framework for future planning.

(2) For the purpose of enabling these aims to be achieved in relation to the

Foreshores and Waterways Area, this plan adopts the following principles:

(a) Sydney Harbour is to be recognised as a public resource, owned by the public, to be protected for the public good,

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(b) the public good has precedence over the private good whenever and whatever change is proposed for Sydney Harbour or its foreshores,

(c) protection of the natural assets of Sydney Harbour has precedence over all other interests.

Furthermore, Part 3 Division 2 of SREP (Sydney Harbour Catchment) 2005 lists matters for consideration by Council when determining an application. It further states that Council shall not grant consent to an application unless it is satisfied that the proposal is consistent with the relevant objectives of the SREP. The following matters for consideration are relevant to this application:

25 Foreshore and waterways scenic quality The matters to be taken into consideration in relation to the maintenance, protection and enhancement of the scenic quality of foreshores and waterways are as follows:

(a) the scale, form, design and siting of any building should be based on an analysis of:

(i) the land on which it is to be erected, and

(ii) the adjoining land, and

(iii) the likely future character of the locality,

(b) development should maintain, protect and enhance the unique visual qualities of Sydney Harbour and its islands, foreshores and tributaries,

(c) the cumulative impact of water-based development should not detract from the character of the waterways and adjoining foreshores.

As stated within the report, there are no heritage issues associated with this application. The proposed development would be discernable from the waterway but would not detrimentally affect the visual amenity of the foreshore. It is considered that the proposal would satisfy the above aims of the policy and matters for consideration, in particular those of particular relevance pertaining to the appearance of the development from the waterway and foreshore, heritage issues and those requiring the protection and enhancement of the landscape qualities of the River. The rear elevation of the building features large eave overhangs that will give substantial shadow effects on such part of the building. This will ‘soften’ the effect of the extent of the door and window glazing on and around that part of the building and improve its design image when viewed from the river. 9.3 Other Legislation Not applicable.

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10. HUNTERS HILL LOCAL ENVIRONMENTAL PLAN NO. 1 10.1 Aims and Objectives of Hunters Hill Local Env ironmental Plan No.1 and Zone The proposal is permissible with consent under the Residential 2(a2) zoning and complies with the relevant statutory controls of Hunters Hill Local Environmental Plan No.1. The LEP sets out the criteria that a new development is required to comply with. The objectives of the Hunters Hill Local Environmental Plan are considered to be met by this proposal subject to conditions. 10.2 Statutory Compliance Table

The following table illustrates whether or not the proposed development complies with the relevant statutory controls of Hunters Hill Local Environmental Plan No.1. Current Statutory Controls

Proposed Control Compliance

Height 3 storeys 8.8 metres

2 storeys 7.2 metres

No-see SEPP 1 No-see SEPP 1 objection

Garden Area 60.2% 60% Yes Foreshore building line 10.5 metres 10 metres Yes

10.3 Site Area Requirements

Not applicable. 10.4 Residential flat buildings and low-rise multi- unit housing-density and garden

area controls

Not applicable. 10.5 Height of Buildings

See SEPP No.1 objection under part 9.1 above. 10.6 Garden Area

The proposed garden area for the development complies with the 60% minimum standard of the LEP. No SEPP No.1 objection is required for the garden area of the development. 10.7 Integrated Housing Development

Not applicable. 10.8 Foreshore building lines

Complies.

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10.9 Foreshore Scenic Protection Area

The subject site is also located with the Foreshore Scenic Protection Area and, as such, assessment is required in accordance with Clause 18A of Hunters Hill Local Environmental Plan No.1. Clause 18A states:

18A. The Council may not grant consent under the Act pursuant to an application to carry out development on land within the Foreshore Scenic Protection Area, being that area shown by hatching on the map marked ‘Hunter's Hill Local Environmental Plan No.14. - Heritage Conservation’, unless it has made an assessment of:

(e) the appearance and visual quality of the proposed development

when viewed from the waterway; and (f) the impact of the proposed development of the view towards the

waterway from public roads and from public reserves or from land within Zone No. 6(a) or 6(b).

The proposal has taken into consideration the objectives of the LEP and has provided a design that is considered to be sympathetic to the visual quality of the ‘riverscape’. 10.10 Other Special Clauses / Development Standards Not applicable. 11. DRAFT AMENDMENTS TO STATUTORY CONTROLS

No relevant draft amendments apply to this application.

12. DEVELOPMENT CONTROL PLANS Residential Development Control Plan No.15

Planning Policy – All Development Development Control Plan No.15 – Residential Development is the policy that applies to residential development. The purpose of the plan is to provide more detailed planning and building controls than are available in LEP No.1, as amended. One of the functions of DCP No.15 is to establish parameters for the assessment of amenity issues such as appearance and character, privacy, solar access, preservation of views and car parking. The objectives as outlined in DCP No. 15 are as follows:

a. Development should be compatible with the landscape character of the area. Generally the landscape character of Hunters Hill is encapsulated in the “tree” whether indigenous, native or exotic. Hunter’s Hill Council is committed to protecting and enhancing the area’s landscape character and natural environment.

b. Development, particularly when viewed from the street or other public place should be compatible with the character and scale of any existing building to be retained on the site and residential development in the immediate vicinity.

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c. Development, particularly when viewed from public reserves, National Parks, waterways or across valleys should not be obtrusive in or upon the natural landscape.

d. In areas with significant stylistic/architectural associations and identity, additions and new development should be designed in sympathy with their surrounds.

It is considered that the proposal complies with sub-clauses (a) to (d) of the objectives of DCP No.15, as the development when viewed from the street would be compatible with the character of the development in the vicinity of the site. 12.1 Compliance Table Residential Development Co ntrol Plan No.15 Control Required/

Permissible Proposal Compliance

Height 2 storeys 7.2 metres

3 storeys 8.8 metres

No-see SEPP 1 Yes No-see SEPP 1

Garden area 60% 60.2% Yes Side boundary setback West side East side

1.5 metres 1.5 metres

900mm/1.2m 7.3 metres

No-existing Yes

Rear setback 6.0 metres 10.5 metres Yes Foreshore building line 10 metres 10.5 metres Yes

Scale Complies. Design Parameters

The proposal meets the requirements of Part 3.2 (a)(i), being Design Parameters, under Hunters Hill DCP No.15, which states:

3.2 Design Parameters

(a) Development should ensure that the size and shape of development, the extent of cut and fill, the type and colour of building materials, the design of roofs (in terms of materials, colour, pitch, etc) and the amount and type of landscaping, are:

(i) Compatible with the character and scale of surrounding residential development.”

The development will not be out of character with that of the surrounding development. Heritage Conservation Areas See part 7.3 Heritage above. Foreshore Scenic Protection Area

See details under Part 10.9 above.

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Visually Prominent Sites Not applicable. Height Not proposed to be altered but does not comply and is subject of an SEPP No.1 objection as covered under part 9.1 above. Front, Side and Rear Setbacks The existing dwelling house is closer to the western side boundary than what would be required if the application were for the erection of a new building. There is no proposal to alter any external part of the dwelling at this location and the non-conformity with the DCP is considered reasonable due to the facts that there is a major separation to the residential building to the west and the existing structure is not proposed to be altered apart from recladding. The other side boundary and rear boundary setbacks comply with the DCP provisions. Garden Area Complies. Solar Access Complies with the DCP provisions. Privacy This topic is covered by part 7.5 of the DCP in which it sets out objectives and general requirements. There will be no loss of privacy to the adjoining neighbours to the east and west as a result of the new building works. Views There will be no loss of shared water views from the adjoining residences as a result of this set of works. Car Parking The proposal complies with Part 7.7.2 of the DCP. Garages & Carports There is no change proposed in relation to the existing carport on the site. Fences There is no proposal to alter the existing fencing on the site.

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13. THE LIKELY IMPACTS OF THE DEVELOPMENT

The likely impacts of the development are such that there will be no undue detrimental effects on the amenity of the neighbourhood, subject to compliance with conditions as set out in the recommendation. Under these circumstances, the SEPP No.1 objection which relates to the existing height of the building, is reasonable to be upheld by Council. 14. PUBLIC EXHIBITION

The application was placed on public exhibition in accordance with Council’s Development Control Plan for a period of ten (10) working days commencing on 12 December 2008. As a result of that exercise, no written objections were received. 15. CONCLUSION – THE PUBLIC INTEREST The development is considered reasonable in that Council could support the SEPP No.1 objection in relation to the development standards for height under the LEP No.1 provisions. It is therefore recommended that the objection be supported on the basis that the non-conformity relates to the original dwelling, which is to be retained and strict compliance would be unreasonable and unnecessary in the circumstances. The proposal has been assessed having regard to the relevant matters for consideration under s.79C of the Environmental Planning and Assessment Act 1979, Hunters Hill Local Environmental Plan No. 1 and Development Control Plan No. 15. For the reasons outlined in this report, it is considered that the proposed development would not detrimentally impact upon the amenity of the residents of the adjoining properties and, accordingly, is recommended for conditional approval. FINANCIAL IMPACT

There is no direct financial impact on Council’s adopted budget as a result of this report. RECOMMENDATION A. That Council, as the consent authority, is satisfied that the objection under State

Environmental Planning Policy No.1 to vary the height standards of clause 15 of the Hunters Hill Local Environmental Plan No.1 is well founded under the circumstances of the case and is consistent with the aims of the Policy.

B. That Development Application No.08/1144 for the alterations and additions to the

existing dwelling house plus rainwater tank and landscaping and the consolidation of the two existing lots into one allotment at No.12a & 12c Crescent Street, Hunters Hill, be approved , subject to conditions:

Special Conditions 1. The development being carried out in accordance with plans prepared by DHG

International, drawing Nos. AGM08.SK02 to SK05 Issue A dated November 2008 as received by Council on 3 December 2008 and drawing No.AGM08.SK06 issue A dated 10 February 2009 as received by Council on 12 February 2009, except where amended by conditions of this consent.

2. The landscaping of the site being carried out in accordance with plan prepared by

Taylor Brammer drawing No.LA01 Revision A dated 28 November 2008 as received by Council on 12 February 2009.

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3. The external materials and colours to be used in the roofing of the development being in accordance with the details shown on the brochure entitled ‘Causac half round tile – 12A Crescent Street’ plus details as shown on the architectural plans.

4. The development being constructed in accordance with the Basix Certificate dated 3 December 2008 as submitted with the development application.

5. The rainwater tank not being connected to the mains water for ‘topping up’ purposes.

Reason: Malfunction of several of these systems recently approved in other properties, with associated water wastage (refer to DCP No.25)

6. The provision of any pump for the rainwater tank, air-conditioning equipment and the pool motor to be installed on the outside of the building being acoustically treated to ensure that noise does not exceed the ambient noise levels on the boundaries at any time.

7. The works being carried out such that no materials are eroded, or likely to be eroded

are deposited, or likely to be deposited, on the bed or shore or into the waters of the Lane Cove River and no materials are likely to be carried by natural forces to the bed, shore or waters of the Lane Cove River. a. Any material that does enter the Lane Cove River must be removed

immediately. b. Best practice methods being adopted for the on-site control of runoff,

sediment and other pollutants during, and post, construction. Methods must be in accordance with the relevant specifications and standards contained in the manual Managing Urban Stormwater – Soils and Construction issued by the NSW Department of Housing / Landcom in 2004 and any other relevant Council requirements.

c. The erosion, sediment and pollution controls must be installed and stabilised

before commencement of site works. This does not include the works associated with the construction of the appropriate controls.

d. The erosion, sediment and pollution control system must be effectively

maintained at or above design capacity for the duration of the works and until such time as all ground disturbed by the works has been stabilised and rehabilitated so that it no longer acts as a source of sediment.

e. Any material that is to be stockpiled on site being stabilised to prevent

erosion or dispersal of the material. f. Any foreshore landscaping being comprised of locally indigenous species,

which represent the original plant communities that would have been found along the foreshore in the vicinity of the subject land.

g. The foreshore being fully protected for the duration of the works. This

includes preventing the storage of any machinery, materials, equipment, supplies, or waste receptacles within the inter-tidal area.

h. No works being undertaken on land owned by NSW Maritime (i.e. below

MHWM) without the relevant approvals being granted by NSW Maritime.

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i. Any trees that are removed during the works with approval of Council are to be replaced elsewhere on the site with a suitable replacement. Replacement trees are to be of locally indigenous species.

8. The applicant is to engage the services of a consulting arborist to provide a tree

protection strategy to ensure the two (2) Forest Red Gums at the rear of the site are fully protected and preserved during and following construction.

A bond in the sum of $10,000 is to be submitted to Council prior to the issue of a

Construction Certificate to ensure protection of such trees and being refundable twelve (12) months after the issue of an Occupation Certificate.

Standard Conditions A1, A4 to A9, B1, B7 ($7,000.00), C1 to C5, C19, C31 to C35, C40, C44, D2, D10, S1, S7, SD2, SD5, SD22, SD29, SP2 to SP8, Sp10, SP12, SP14, SP16, SP18, W1.

ATTACHMENTS 1. Location map 2. Plans 3. SEPP No.1 objection

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FINANCIAL IMPACT

There is no direct financial impact on Council’s adopted budget as a result of this report.

RECOMMENDATION That the report be received and noted.

ITEM NO : 4

SUBJECT : DELEGATED AUTHORITY

BUSINESS PROGRAM : DEVELOPMENT CONTROL

REPORTING OFFICER : STEVE KOUREPIS

FILE : 200/10

Development Application No. DA07-1130 Zone 2(b) Construction Certificate No. N/A Notification Nil submissions Applicant Modum Pty Ltd Cost of Works $205,000.00 Premises 21 Church Street,

Hunters Hill Garden Area 63%

Classification (BCA) 1a Date lodged 11 September 2007 & 2 January 2008

Assessing Officer Kerry Smith Determination Date 6 February 2008 Proposal Alterations to demolish the rear part of the semi-detached dwelling and

construct a two-storey addition plus new steps to the front. Determination Approval

Development Application No. 05/1063 (1) Zone Residential 2(a1) Construction Certificate No. 2007/7079 Notification Yes Applicant Ursula Simpson Value $60,000 Premises 33 Sunnyside Street,

Gladesville Garden Area 62%

Classification (BCA) Class 1(a) Date lodged 02.11.2007 Assessing Officer Kate Tuszynski Determination Date 29.01.2008 Proposal Alterations & Additions Determination Approved

Development Application No. DA07/1170 Zone 3(c) Construction Certificate No. N/A Notification Yes Applicant Belle Property Value $3000 Premises 100 Woolwich Road,

Woolwich Garden Area N/A

Classification (BCA) 5 Date lodged 12.11.07 Assessing Officer Shahram Zadgan Determination Date 07.02.08 Proposal Change of use and signage Determination Approval

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F

Finance & Administration

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Index 1. Summary of Council’s Investments as at 31 January 2009 1 .........................................

Debra McFadyen MANAGER

FINANCE & ADMINISTRATION

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F

Supplementary Report Finance &

Administration

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Index 2. Quarterly Financial Reports as at 31 December 2008 3 .........................................

Debra McFadyen MANAGER

FINANCE & ADMINISTRATION

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ITEM NO : 1

SUBJECT : SUMMARY OF COUNCIL’S INVESTMENTS AS AT 31 JANUARY 2009

BUSINESS PROGRAM : FINANCE

REPORTING OFFICER : JACKIE WRIGHT

FILE : 330/05

SUMMARY OF COUNCIL'S INVESTMENTS AS AT 31 January 2 009 (330/06) Institution Reference Principal Lodged Term Matur es Rate CBA Bank Bill $ 897,082 19.01.09 35 19.02.09 4.22% CBA Term Deposit $ 961,412 07.01.09 35 11.02.09 4.30% CBA Bank Bill $ 568,252 23.12.08 41 02.02.09 4.27% CBA Term Deposit $ 1,024,531 27.01.09 43 27.02.09 4.03% CBA Term Deposit $ 602,298 12.01.09 31 11.02.09 4.30% LGFS Term Deposit $ 934,335 28.01.09 7 04.02.09 5.33% LGFS Term Deposit $ 2,330,690 05.01.09 38 04.02.09 4.65% IMB Term Deposit $ 2,002,031 07.01.09 30 16.02.09 4.79% CBA 24 HR Call $ 408,635 24 HR Call 4.00%

$ 9,729,266

CBA General $ 505,224 31.01.09 Bank Account Balance

$ 10,234,490 The above Investments include the following Restrictions Town Hall $ 134,100 Office Equipment $ 99,100 Plant $ 196,693 ELE $ 394,722 S94 $ 1,238,676 Trust Deposits $ 2,170,710 Trust Community Services $ 20,000 Capital Works $ 766,026 $ 5,020,027

Certification – Responsible Accounting Officer The investments listed above have been made in accordance with the Local Government Act 1993, the Local Government (General) Regulation 2005 and Council’s policy on investments.

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Portfolio 90 Day BB $ % Rate % Rate Total Investment as at: 29.2.08 9474433 7.37 7.67 31.3.08 9383615 7.83 7.91 30.4.08 9757289 7.86 7.83 31.5.08 9671142 7.77 7.75 30.6.08 9620580 7.80 7.81 31.07.08 9396811 7.87 7.75 31.08.08 10144157 7.76 7.32 30.09.08 10994272 7.59 7.3 31.10.08 10395664 7.02 6.11 30.11.08 9553897 5.79 4.84 31.12.08 9884187 4.96 4.4 31.01.09 97299266 4.53 3.75 Average Rate 7.01 6.70

0.000.501.001.50

2.002.503.00

3.50

4.004.505.00

5.50

6.006.507.00

7.508.00

29.2.08 31.3.08 30.4.08 31.5.08 30.6.08 31.07.08 31.08.08 30.09.08 31.10.08 30.11.08 31.12.08 31.01.09 Average

Rat e

Portfolio % Rate

90 Day BB % Rate

FINANCIAL IMPACT There is no direct financial impact on Council’s adopted budget as a result of this report.

RECOMMENDATION That the report be received and noted.

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ITEM NO : 2

SUBJECT : QUARTERLY FINANCIAL REPORTS AS AT 31 DECEMBER 2008

BUSINESS PROGRAM : FINANCIAL MANAGEMENT

REPORTING OFFICER : DEBRA MCFADYEN

FILE : 330/03

Overall the December quarter (budget) variations have resulted in an increase to the deficit by $65,000. The major impact has been from the fall in interest rates to current levels of 3.3% giving an estimated shortfall of $137,000. Council’s good performance to date in workcover claims, earning a rebate of premium and savings in the Fire Brigade Levy, have reduced the interest shortfall effect. Other variations are the recognition of grants, domestic waste, bin audit and waste performance improvement payment, all of which have been previously reported to Council. With the changes to planning legislation, introduction of electronic document management, risk management & disaster recovery requirements, it has been necessary to accelerate the upgrades to our computer system, both hardware & software. The funding for this is from Office Furniture & Equipment Replacement Reserve & Insurance Excess Reserve. FINANCIAL IMPACT The net effect is an increase in deficit from $3200 to $68,200

RECOMMENDATION That the report be received and noted and the variations adopted.

ATTACHMENTS 1. Explanation Notes to December 2008 Quarterly Financial Report 2. The December 2008 Quarterly Financial Report – this report has been produced

manually in the Management Plan format 3. An Operating Statement for the year to quarter ended December 2008 – the Operating

Statement is the same as the first 5 pages of Attachment 2 and is produced direct from our computer system

4. An Account Management Report to the end of December, which is also produced direct from Council’s computer system

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ITEM NO : 2

SUBJECT : QUARTERLY FINANCIAL REPORTS AS AT 31 DECEMBER 2008

BUSINESS PROGRAM : FINANCIAL MANAGEMENT

REPORTING OFFICER : DEBRA MCFADYEN

FILE : 330/03

Overall the December quarter (budget) variations have resulted in an increase to the deficit by $65,000. The major impact has been from the fall in interest rates to current levels of 3.3% giving an estimated shortfall of $137,000. Council’s good performance to date in workcover claims earning a rebate of premium and savings in the Fire Brigade Levy, have reduced the interest shortfall effect. Other variations are the recognition of grants and domestic waste, bin audit, waste performance improvement all previously reported to Council. With the changes to planning legislation, introduction of electronic document management, risk management & disaster recovery requirements, it has been necessary to accelerate the upgrades to our computer system, both hardware & software. The funding for this is from office furniture & equipment replacement reserve & Insurance excess reserve. FINANCIAL IMPACT The net effect is an increase in deficit from $3200 to $68,200

RECOMMENDATION That the report be received and noted and the variations adopted.

ATTACHMENTS 1. Explanation Notes to December 2008 Quarterly Financial Report 2. The December 2008 Quarterly Financial Report – this report has been produced

manually in the Management Plan format 3. An Operating Statement for the year to quarter ended December 2008 – the Operating

Statement is the same as the first 5 pages of Attachment 2 and is produced direct from our computer system

4. An Account Management Report to the end of December, which is also produced direct from Council’s computer system

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G

Customer & Community Services

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4263 – 23 February 2009

Index 1. Social Plan 2010 1 .........................................

Margaret Kelly COMMUNITY SERVICES MANAGER

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ITEM NO : 1

SUBJECT : SOCIAL PLAN 2010

BUSINESS PROGRAM : COMMUNITY SERVICES

REPORTING OFFICER : MARGARET KELLY

FILE : 245/04

Under current legislative provisions, all councils in New South Wales are required to: • Develop and submit a current adopted social/community plan to the department at least

once every five years

• Consider access and equity activities for inclusion in their management plan and report on these activities in their annual report.

The aim is to encourage councils to manage their social/community planning processes within a five-year cycle so that identified social and community needs accurately inform management plans and relevant outcomes are reported in access and equity statements. Hunters Hill Council adopted the 2004-2009 Social Plan in March 2005. Council is required to update the document and resubmit it to the Department of Local Government by March 2010. The Social Plan has formed the basis of Council’s work in Community Services. The 2004-2009 Social Plan included 72 recommendations and included sections on youth, children, women, culturally and linguistically diverse communities, aged and disabled. During the last five years, of the 72 recommendations contained in the document, 49 have been either partially or fully achieved. The updating of the Social Plan is underway. A third year University student, Nicola Haig, who is undertaking six months of voluntary work experience in the Community Services Department, is assisting with the process. Consultations are planned with residents, community organisations and community service providers. A short residents survey will be distributed in March/April asking about community life in Hunters Hill and residents experience and ideas about community services. Residents will also be able to participate in group discussions, which will be held in April/May. Surveys and comments will be able to be registered on the Council’s website. Group discussions and survey responses will also be sought from community organizations, Council committees and community service providers, based in the local area. The integrated planning framework that is being introduced to Councils will require all councils to adopt a ten year Community Strategic Plan. The actions identified in the Hunters Hill Social Plan 2010 will be incorporated into the Community Strategic Plan when it is developed.

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FINANCIAL IMPACT There is no direct financial impact on Council’s adopted budget as a result of this report.

RECOMMENDATION That the report be received and noted.

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General Manager

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Index 1. Monthly Report on Outstanding Matters 1 2. Annual NSW Local Government & Shires Associations Conference – Tamworth 3 3. City/Regional Friendship Pact – Richmond Valley Council 5 .........................................

Barry Smith GENERAL MANAGER

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ITEM NO : 1

SUBJECT : MONTHLY REPORT ON OUTSTANDING MATTERS

BUSINESS PROGRAM : MANAGEMENT & COUNCIL SUPPORT

REPORTING OFFICER : BARRY SMITH

FILE : 210/01

Attached is the updated Monthly Report on Outstanding Matters, which lists all items considered by Council to warrant provision of a further report or for which it is considered appropriate to provide further information to Council.

FINANCIAL IMPACT

There is no direct financial impact as a result of consideration of this report.

RECOMMENDATION

That the report be received and noted.

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MEET NO.

MEET DATE

ITEM AGREED ACTION RESPONSIBLE

OFFICER

TARGET DATE

CURRENT STATUS

4222 13.11.06 E1 – Amendments to DCP No.15 – Appropriate Plant Species for Landscaping in Hunters Hill

494/06 - RESOLVED that a further report be brought to Council at the close of the exhibition period.

David Innes

May 2009

Exhibition period to commence following investigation work on urban design. Work with Landscaping Committee proceeding and a draft document is currently being finalised.

4241 10.12.07 D6 – DA No. 07/1090 – 1 Mark Street, Hunters Hill

537/07 – RESOLVED that a report be brought forward to consider overall traffic implications and traffic management within this precinct.

David Innes

April 2009

Further investigation required in conjunction with the Hunters Hill Village Masterplan.

5250 23.06.08 H2- 1. Permit Parking Schemes Policy. 2. Woolwich Traffic Management & Parking

231/08 RESOLVED that: The Permit Parking Schemes Policy be adopted in principle subject to further review in conjunction with the review of the Woolwich Parking scheme.

Barry Smith

March 2009

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ITEM NO : 2

SUBJECT : ANNUAL NSW LOCAL GOVERNMENT & SHIRES ASSOCIATIONS CONFERENCE – TAMWORTH 24 -28 OCTOBER 2009

BUSINESS PROGRAM : COUNCIL MANAGEMENT & SUPPORT

REPORTING OFFICER : BARRY SMITH

FILE : 500/04

Tamworth Regional Council in conjunction with Tourism Tamworth Ltd are working to host the 2009 LGA Conference from 24 – 28 October, 2009 in the Tamworth Entertainment Centre. The Local Government Association is an association of councils representing metropolitan and large regional councils to provide leadership and advocacy for the benefit of the community. Over 600 delegates from member councils as well as representatives of County Council meet to discuss and set policy for the coming year. The Conference is the annual policy making event for the councils, which are members of the Local Government Association. For over a century, councils have worked together through the Association to promote Local Government and advocate on behalf of our communities for local democracy, informed decision-making and good governance. The Conference is the pre-eminent event of the Local Government year where local councillors come together to share ideas and debate issues, which shape the way we are governed. The 2009 Conference theme is ‘Tough Times, Smart Solutions’. Council’s attendance policy in accordance with Section 2.2 of the adopted ‘Facilities and Expenses Policy’ is as follows: 2.2 Seminars and Conferences

The authorised conference to which this policy relates are: (a) The annual conference of:

(i) The Local Government Association of NSW. (ii) The NSW Branch of the Australian Local Government Women’s

Association. (iii) The Australian Council of Local Government Associations and

occasional special conferences, seminars and training courses conducted by the same organisations.

(b) Conferences or seminars held by other associations for Councils or organisations with which the Council is affiliated and where attendance would be beneficial to the Council.

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FINANCIAL IMPACT Conference costs are estimated as follows: Accommodation $145.00 per person/night x 4 nights $2,320.00 Conference Registration & Presidents Welcome Reception

$935.00 per delegate x 4 delegates $3,740.00

Plus Workshops Total Cost $6,060.00 Funds have been provided in the 2009/20010 Budget – Account No.241340.111 ($13,000), for the attendance at conferences. To date no funds have been expended. RECOMMENDATION That Council determine two (2) delegates, together with the Mayor and the General Manager, to attend the 2009 Local Government Association Tamworth Conference.

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ITEM NO : 3

SUBJECT : CITY/REGIONAL FRIENDSHIP PACT – RICHMOND VALLEY COUNCIL

BUSINESS PROGRAM : COUNCIL MANAGEMENT & SUPPORT

REPORTING OFFICER : BARRY SMITH

FILE : 200/09

For some time the Minister and Department of Local Government have been promoting the concept of professional and cultural ties between Regional and Metropolitan Council areas. One of the outcomes of the Promoting Better Practice Review for Richmond Valley Council was that such a friendship be pursued (on the basis of resource sharing). Council hosted some visitors from Richmond Valley during December 2008, including one Councillor, and there was some enthusiastic discussion about the possibility of our two Councils forming a relationship. In further discussion with the General Manager of Richmond Valley Council, initial thoughts were that our Councils could consider developing a relationship that would lead to our communities working closely together to undertake a series of sporting, cultural, environmental and educational exchanges, as well as Council-to-Council activities.

Council’s role would see both acting as facilitators for local groups and organisations, bringing together and encouraging them to participate in exchanges that would potentially be of benefit to both local government areas. Potentially, links could be facilitated with the following clubs, organisations and schools in Hunters Hill and Gladesville.

• Hunters Hill Senior and Junior Rugby Clubs

• Hunters Hill Senior Cricket Club, Gladesville Pirates Junior Cricket Club

• Hunters Hill Rotary Club

• Hunters Hill Art & Craft Committee

• Hunters Hill Historical Society

• Hunters Hill Annual Food & Wine Fair

• Hunters Hill Moocooboola Festival

• Various Church organisations

• Schools (where schools liaise with a view to establishing their own sister school relationships)

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High Schools

o St Josephs College

o Marist Sisters Woolwich

o Riverside Girls High School

o Hunters Hill High School

Primary Schools

o Hunters Hill Primary School

o Boronia Park Primary School

o Gladesville Public School

o Villa Maria School

• Staff Exchanges Council-to-Council

• Information Sharing Council-to-Council Research of other Councils reveals that some have adopted something similar to the attached draft partnership agreement, and this could be a very simple way of formalizing any relationship. Richmond Valley Council met on 18 February 2009 and endorsed the proposed Friendship Pact with Hunter's Hill Council. FINANCIAL IMPACT There is no direct financial impact on Council’s adopted budget as a result of this report.

RECOMMENDATION 1. That Council endorses the proposed Friendship Pact with Richmond Valley Council. 2. Arrangements to meet and execute the formal document be made by the respective

General Managers. 3. Council write to the organisations listed in this report to advise of the Friendship

Pact and to gauge their interest in being partnered with a similar organisation within Richmond Valley Council.

ATTACHMENTS

Draft Friendship Pact

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DRAFT

Friendship Pact

Hunter's Hill Council and

Richmond Valley Council Hunter's Hill Council and Richmond Valley Council, having a desire to create a bond of friendship and a closer affinity with one another, this day entered into an agreement that will promote a greater awareness and understanding of each other’s unique location, lifestyles and challenges and support for sustainable development in our areas. We recognise that our respective communities and organisations can benefit from a formal friendship. Under this agreement both Councils agree to act as facilitators within their Local Government areas to bring together local community groups and organisations in the sporting, education, business, service and cultural fields and to encourage them to participate in exchanges that will lead to greater understanding and involvement between the two communities. The Councils also agree to undertake activities that will benefit both organisations through staff secondments and exchanges, collaborative policy development, joint grant applications and the sharing of knowledge, experience and resources. In our desire to learn more and work together co-operatively, this agreement will create a lasting bond between the two areas for the mutual benefit to both.

Councillor Susan Hoopmann MAYOR

Councillor Col Sullivan MAYOR

Barry Smith GENERAL MANAGER HUNTER’S HILL COUNCIL

Brian Wilkinson GENERAL MANAGER

RICHMOND VALLEY COUNCIL

Date

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Index 1. Minutes of Meeting of Le Vesinet Friendship Committee held 28 January 2009 1 2. Report of General Purpose Inspections held on-site 09 February 2009 4 3. Report of Sustainability & Biodiversity Action Committee held 4 February 2009 5 4. Minutes of the Ryde Hunters Hill Joint Library Service Advisory Committee

held 26 November 2008 8

......................................... Barry Smith

GENERAL MANAGER

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ITEM NO : 1

SUBJECT : MINUTES OF LE VESINET FRIENDSHIP COMMITTEE HELD IN THE COUNCIL CHAMBER ON 28 JANUARY 2009

BUSINESS PROGRAM : INFORMATION OF COUNCIL

REPORTING OFFICER : COUNCILLOR SUSAN HOOPMANN

FILE : 590.01

PRESENT Janet Williams Namrita Sandhu Judy Uther Sara Vickers Francoise Alexander Narelle Clark Pat Grace APOLOGIES Robyn Carr Sue Hoopmann Danielle Waples 1. CONFIRMATION OF MINUTES

Minutes from the previous meeting were approved. Proposed: Narelle Clark;

Seconded: Pat Grace. 2. BUSINESS ARISING 2.1 Christmas 2008 Exchange Report Janet has received 1 completed feedback report and 2 brief notes of thanks –

feedback suggests a successful exchange. The committee suggested that feedback next year should be by email rather than by

fax

- Narelle will draft an email copy of the feedback questionnaire which can be sent to participants via blind cc for them to return by email.

- Janet has shortened the report format this year to encourage more

students to complete the questionnaire. It was suggested that the questionnaire should include a new question to ask about their general experience – this can be included for the Christmas 2009 exchange

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2.2 The Bench Janet will re-approach the company supplying the bench to seek a better price and

will check whether the council can get a better price. It was noted that the bench we are likely to get is in place in Burwood – Janet and

Judy will look at these benches to see them in situ.

Subject to Judy and Janet approving the bench and getting an acceptable price, Janet will get the bench.

2.3 Brochure

The committee moved to thank Barny for doing the printing. Proposed: Narelle Clark; Seconded: Judy Uther.

Judy will send a thank you email to Sue. Sara will contact Sue to get the print

ready copy of the file

We will ask the next person going to Le Vesinet to take brochures – anticipate this will be Sue Hoopmann, attending the Fete de Jumelage

3. OTHER BUSINESS 3.1 Change of date for diary Janet informed the committee that the March meeting has been moved to 1st April 3.2 Committee change Danielle has contacted Sara and Janet to ask to be removed from the committee for

the next 12 months due to other commitments. It was proposed that Namrita should take Danielle’s place as Assistant Secretary Proposed: Janet Williams; Seconded: Judy Uther 3.3 Website update Janet informed the committee that she has updated the website for the current year 3.4 Excursions and exchange 2009 No chaperone is coming from Le Vesinet with the students in 2009, so the

committee will need to cover the excursions Narelle and Namrita both agreed to do one day of excursions if they are given notice

in advance Judy and Janet can do more than one excursion each Pat and Robyn will also help with excursions

Tentative availability was noted: Monday: Janet, Judy, Pat Narelle Tuesday: Namrita (with notice) Wednesday: Pat, Narelle Thursday: Pat, Narelle Friday: Pat, Janet, Judy (if needed) Robyn: tbc

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Suggestions for inclusion in the excursions programme include Manly and North Head, La Perouse, Robyn, Pat and Janet to form sub-committee to finalise excursions

3.5 Leaving dinner Pat raised concerns about the dinner venue, given she has hosted a number of times. Fancoise will find out the cost of using the Hunters Hill RSL hall, whether we can cook or heat food there, and confirm any associated costs. The committee should review this at a future meeting Dates discussed for the dinner were 30 July or 5 August 3.6. Flyers to be dropped early again this year Janet has the flyers to be dropped and will contact Graham Perceval to do the drop Sara has flyers to post to schools – to be done asap

4. OTHER BUSINESS 4.1 Moocooboola Judy has received an invitation for someone from the Hunters Hill – Le Vesinet Friendship Committee to sit on the Moocooboola committee. It was agreed that there was no real need to do this, but we will go ahead with the coffee and the raffle at Moocooboola in 2009 4.2 Vice President Janet told the committee that she is planning to give up the position of Vice-President in 2 years. She will aim to get everything streamlined before she wraps up but we will need to think about succession planning and potentially getting new people on the committee Janet also suggested that we might consider making the VP role a 2 year rotating post – for discussion

5. TREASURERS REPORT

Report was presented

Meeting closed at 9.25pm

6. NEXT MEETING

7.30pm 25 February, 2009 Narelle sent her apologies for this meeting.

FINANCIAL IMPACT There is no direct financial impact on Council’s adopted budget as a result of this report. RECOMMENDATION That the Minutes be received and noted.

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ITEM NO : 2

SUBJECT : REPORT OF GENERAL PURPOSE INSPECTION HELD ON-SITE 09 FEBRUARY 2009

BUSINESS PROGRAM : DEVELOPMENT CONTROL

REPORTING OFFICER : COUNCILLOR SUSAN HOOPMANN

FILE : 205/03

The General Purpose Committee met at 5.30pm on Monday 9 February 2009 to conduct site inspections of matters referred to the Committee by Council.

PRESENT

Clr Peter Astridge Clr Murray Butt Clr Simon Frame – Deputy Mayor Clr Susan Hoopmann - Mayor Clr Richard Quinn Clr Meredith Sheil Clr Ross Sheerin APOLOGIES

Apologies were received from Clrs Murray Butt, Simon Frame and Ross Sheerin. The Committee undertook site inspections of: 1. 5 Vernon Street (Serpentine Road), Hunters Hill 2. 103 Victoria Road, Gladesville FINANCIAL IMPACT There is no direct financial impact on Council’s adopted budget as a result of this report.

RECOMMENDATION That the report be received and noted.

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ITEM NO : 3

SUBJECT : REPORT OF SUSTAINABILITY & BIODIVERSITY ACTION COMMITTEE HELD WEDNESDAY 4 FEBRUARY 2009

BUSINESS PROGRAM : ENVIRONMENTAL MANAGEMENT

REPORTING OFFICER : MICHAEL DRUITT

FILE : 205/37

The Sustainability and Biodiversity Action Committee met at 6.00pm on Wednesday 4 February 2009 to conduct a site tour of notable environmental initiatives along Tarban Creek and Riverglade Reserve.

PRESENT

Clr Susan Hoopmann - Mayor Clr Richard Quinn David Innes – Manager, Public Works & Infrastructure Michael Druitt – Sustainability Officer Kerry Heatley – Bushland & Natural Resources Officer Jacqui Vollmer – Bushcare Co-ordinator COMMUNITY REPRESENTATIVES Yvonne Dornan Sally Gaunt Steve Buchert Lyn Mallesch APOLOGIES

Robert Hayes Ross Williams Shailesh Kantawala Brigid Dowsett 1. COMMENCEMENT

The meeting commenced at 6.15 pm

2. NORTHERN SUBURBS OCEAN OUTFALL SEWERAGE (NSOOS) SYSTEM OVERFLOW STRUCTURE

MEMBERS OF THE COMMITTEE MET ON EARNSHAW STREET NE AR THE LOCATION OF ONE OF A SERIES OF OVERFLOW STRUCTURES FOR THE NSOOS.

The committee was informed by tour leader Sally Gaunt of the occurrence of overflows of the NSOOS during wet weather events.

Two committee members, Bob Hayes and Sally Gaunt, where recognised for their work with SydneyWater to improve the management of overflows as part of the SewerFix Wet Weather Alliance.

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2.1 Earnshaw Street Mulchng Of Embankment Members noted the improvements to the embankment running adjacent to the stormwater channel by Councils Parks & Gardens Team. Members also noted the need for works to improve the steps leading down to the bridge crossing over the channel. 2.2 Tarban Creek Reserve – Upper The group discussed the difficulties in recruiting volunteers to assist with much needed maintenance work in the Bushland. Members identified the need for Council to engage residents from Auburn and Augustine Streets to help maintain the local Bushland 2.3. Sydney Water Sewer Overflow Outlet Tarben Creek Res erve - Upper The group discussed the implications of sewer overflows during wet weather events into the stormwater channel and potential impacts on the natural creek system below. Councils Sustainability Officer noted the need to continue to work with SydneyWater to better understand overflow events and resultant impacts. The Officer also noted the Standard Operating Procedure in place managed by Sydney Water to clean up after wet weather overflows. 2.4 Tarban Creek Reserve The group noted the presence of educational signage adjacent to the footpath as part of the Tarban Bay Environmental Walk. Members noted the occurrence of dumping of lawn clippings in the eroded stormwater pit from the outlet located in the middle of the reserve. The group noted the presence of an old sandstone wall. The wall was identified as a heritage item dating back to 1850. The constructed stormwater channel bisects the wall with remnants on either side. 2.5 Manning Road The group noted the need for a pedestrian crossing facility and potential for traffic calming devices to improve safety and access to the entrance to Riverglade Reserve. 2.6 Tarban Creek Tributary The group noted the successful completion of the grant funded tributary improvement works. Councils Bushland and Natural Resources Officer noted the difficulty in maintaining major projects such as this. Additional grant funding must be used to undertake basic maintenance work instead of applying for new projects and initiatives as there is limited existing budget to undertake maintenance of established water improvement projects. 2.7 Tarban Weir Council Officers noted the need for improved gross pollutant controls above the weir. The existing floating boom is difficult to maintain and become inefficient in high flow events. The group discussed the presence of wildlife despite the weir pools appearance and aroma. Eastern Longneck Tortoises have been spotted in the pool along with Ducks.

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Councils Bushland Coordinator noted the ongoing Bushland enhancement activities of volunteer groups from Richmond Crescent, contributing in the region of $25,000 worth of volunteer work to the Bushland area above the weir. Clr. Hoopmann and Clr. Quinn left the meeting at 7.30pm 2.8 Mangroves Councils Bushland and Natural Resources Officer identified the need for works to remove sediment from the mangrove roots. The Officer advised the group the Council has been working with DECC to identify options to improve the health of the Mangrove community via the use of channels and runnels between the root systems. The Officer noted the success of other mangrove forest management programs such as that of the Sydney Olympic Park Authority in Homebush Bay. This future project will need to be funded from State and Federal Grants. 2.9 Stormwater Ponds – Fryar Place The group noted the presence of large volume of parrot weed covering the ponds. It was identified that the ponds where potentially delivering high levels of nutrients to the natural channel as a result of activity in the upper catchment. Councils Sustainability officer identified the requirement for routine maintenance of the ponds not currently supported by adequate funding from Councils identified budget. The presence of gold fish/carp in the pond where noted potential as a result of a resident dumping unwanted goldfish. 2.10 Riverglade Reserve The group noted the removal of the Willow Trees. Councils Bushland and Natural Resources Officer noted that this work was competed to improve the natural area and that future plantings were planed. Additional planting of trees were discussed by the group that could be included in the current revision of the Reserve Plan of Management. The meeting closed at 8.05 pm FINANCIAL IMPACT There is no direct financial impact as a result of consideration of this report. RECOMMENDATION That the report be received and noted.

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ITEM NO : 4

SUBJECT : MINUTES OF THE RYDE HUNTERS HILL JOINT LIBRARY SERVICE ADVISORY COMMITTEE HELD 26 NOVEMBER 2008

BUSINESS PROGRAM : LIBRARY SERVICES

REPORTING OFFICER : MARGARET KELLY

FILE : 205/34

PRESENT Clr R. Quinn Clr G. O’Donnell Clr R. Maggio Clr S. Frame L. Gee M. Kelly D. Lisson OBSERVERS E. Salter 1. MINUTES OF THE PREVIOUS MEETING Moved Clr O’Donnell, seconded Clr R. Quinn that the minutes of the previous meeting be accepted. 2. ELECTION OF CHAIRPERSON L. Gee took the chair and called for nominations for Chairperson. One nomination was received and seconded for Clr R. Quinn. Clr Quinn was unanimously elected Chairperson. L. Gee called for nominations for Deputy Chairperson. One nomination was received and seconded for Clr G. O’Donnell. Clr O’Donnell was unanimously elected Deputy Chairperson. Clr Quinn resumed the chair. 3. REVIEW OF TERMS OF REFERENCE It was moved Clr Frame, seconded Clr Maggio that the Terms of Reference of the Committee as tabled be accepted to continue. 4. BUSINESS ARISING FROM THE MINUTES Signage work as identified has been done. Ryde’s strategic review of signage is still being rolled out.

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Hunters Hill is investigating local solutions to the headers on the website when the Library site is accessed from the Hunters Hill site. Hunter’s Hill Council has not yet had an opportunity to consider the introduction of RFID at Gladesville. 5. GLADESVILLE LIBRARY OPENING HOURS A summary report was tabled following surveys by both Hunters Hill and Ryde. Discussion followed on the optimum hours for any changes to provide most benefit with least inconvenience. There is no disagreement that Friday evening is the quietest time but usage suggests earlier in the week, evenings are still popular for a significant segment of users. M. Kelly indicated she had been receiving strong support for reasonable Saturday afternoon access. It was agreed that opening hours on Saturdays from 10am-2.30pm (with staff starting at 9.30am to undertake opening procedures) be investigated. This would involve closing the Gladesville library at 5pm on Fridays. Staffing and further costings to be considered by D. Lisson and a report brought back to the February meeting of the Committee. 6. LOCAL PRIORITY GRANT For the last two years, Hunters Hill has used its Local Priority Grant funding for promotional activities. This year, the projects submitted to the State Library were : Purchase large print material to meet increased demand at Gladesville; Microfilm (for preservation) and digitize (for access) 6 of the 16 volumes of Hunters Hill rate books (in the possession of Hunters Hill Historical Society)for the period 1912-22. The microfilm and one digital copy will be kept in Local Studies Collection at Top Ryde; have a banner made with “Ryde Hunters Hill Library Service” for use at local events and to promote the Library service. Ryde’s grant money this year will go into microfilming further years of the Northern District Times and The Weekly Times; microfilming and digitizing the church registers of St Charles Borromeo from 1858; purchasing talking books; purchasing musical instruments for the Ryde Rockers Rhyme Time (e.g. shakers, bells suitable for 0-3 year olds); equipment and software for display and promotional purposes; Living Libraries seed funding; a marquee to provide weather protection when attending events such as Moocooboola out of doors; keyrings with library logo for promotional advertising. 7. PROMOTION

For the last two years, Hunters Hill has used its Local Priority Grant funding to run the Gladesville Festival around the July school holidays. Hunters Hill Council is interested in working with Friends of Gladesville Library and library staff to continue to run such activities but there is no specific funding. D. Lisson commented that the Library does run events and activities at Gladesville throughout the year with three in the upcoming months : 17th December - Christmas morning tea and launch of and thank you to Friends of Gladesville Library for their donation for funds to purchase books, 15th January - a celebration of the bicentenary of the birth of Louis Braille, and 13th February - Paul Brunton from the Mitchell Library will speak on Charles Darwin to mark the 200th anniversary of his birth and the 150th anniversary of “On the origin of species”. M. Kelly asked if Hunters Hill Council could be informed of activities at Gladesville Library so they could assist with publicity for these events.

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8. STATISTICAL REPORTS The August-October quarters for 2006-8 for issues and visitors were presented to the meeting as well as members by LGA for October 2008. 9. GENERAL BUSINESS 9.1 Friends of Gladesville Library E. Salter was present and indicated the three members of FOGL are finding it difficult to organize events or activities for the Library with their other commitments. They are keen to help but will have to limit the number of activities they can be involved with. The Library is appreciative of their activities this year that resulted in a donation enabling the Library to purchase new material for the branch. This collection will for formally launched at Gladesville Library on 17th December 2008. 9.2 Signage This matter was covered in Business arising from the minutes 9.3 Meeting dates for 2009 Meetings dates for 2009 will be 5.30pm Wednesdays 25 February, 24 June and 28 October. 10. OTHER BUSINESS There was no other business. 11. NEXT MEETING

The next meeting of the Joint Library Service Advisory Committee will be held on Wednesday 25 February 2009 at 5.30pm at Meeting Room at Gladesville Library. The meeting closed at 6.30 pm. FINANCIAL IMPACT There is no direct financial impact on Council’s adopted budget as a result of this report.

RECOMMENDATION That the report be received and noted.

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General Business

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Index 1. Meetings – Various Committees Of Council 1 .........................................

Barry Smith GENERAL MANAGER

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ITEM NO : 1

SUBJECT : MEETINGS - VARIOUS COMMITTEES OF COUNCIL

BUSINESS PROGRAM : MANAGEMENT & COUNCIL SUPPORT

REPORTING OFFICER : BARRY SMITH

FILE : 205/01

PURPOSE DATE TIME LOCATION

Bushland Management Advisory Committee 18.02.09 1.30pm Small Hall

Ordinary Meeting of Council No.4263 23.02.09 7.30pm Council Chamber

Art & Craft Advisory Committee 25.02.09 5.30pm Council Chamber

Hunters Hill – Le Vesinet Friendship Committee 25.02.09 7.30pm Council Chamber

Access Advisory Committee 26.02.09 12.30pm Council Chamber

Conservation Advisory Panel 18.03.09 5.30pm Council Chamber

Children’s Services Committee 24.03.09 12.30pm Council Chamber

Gladesville Joint Library Advisory Committee 25.02.09 5.30pm Gladesville Library

Sustainability & Biodiversity Advisory Committee 01.04.09 1.30pm Small Hall

Senior Support Group 06.04.09 10.00am 44 Gladesville Road

Public Transport & Traffic Advisory Committee 21.04.09 6.30pm Council Chamber

Bushland Management Advisory Committee TBA 1.30pm Small Hall

Hunters Hill Local Traffic Advisory Committee TBA 9.30am Council Chamber

Finance Working Party TBA 5.00pm ¾ Hall

Local Place Names Committee TBA 9.30am Council Chamber

Playground Working Party TBA 7.30pm Council Chamber

Young in Art Working Party TBA 3.30pm Council Chamber

School Principals Liaison Committee TBA 12.30pm Small Hall

Gladesville Road Community Centre Management Committee

TBA 2.45pm 44 Gladesville Road

Note: Details relating to Working Parties will be included as the meetings are arranged.

FINANCIAL IMPACT There is no direct financial impact on Council’s adopted budget as a result of this report.

RECOMMENDATION That the report be received and noted.