pro-forma minutes of burwood council meetings - 25 … · web viewthe subdivision of land will...

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BURWOOD COUNCIL MEETINGSMINUTES OF THE MEETING OF THE COUNCIL OF BURWOOD held at the Council Chamber, Suite 1, Level 2, 1-17 Elsie Street, Burwood on Monday, 25 May 2015 commencing at 6.10pm.

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

Mr M McMahon, General ManagerMr I McCallum, Deputy General Manager Corporate, Governance and CommunityMr T Briscese, Executive ManagerMr W Armitage, Chief Finance OfficerMr B Mortimer, Manager Organisation DevelopmentMr B Olsen, Manager Building and DevelopmentMr J Inglese, Senior Manager Assets and DesignMr H Gavrilis, Manager Environment and HealthMs P Viney, Governance Co-ordinator

OPENING OF MEETING BY THE MAYOR

The Mayor opened the meeting with a prayer.

OPEN FORUM

There was no business for this item.

APOLOGIESThat there were no apologies.

DECLARATIONS OF INTEREST

Councillor Faker declared a non-pecuniary less than significant interest in Item 57/15 59B Park Road, Burwood – Proposed Lease/Licence and Sale of Land Parcel under the Local Government Act 1993 as the purchaser is known to him.

DECLARATIONS OF POLITICAL INTEREST

There were no declarations of political interests by Councillors.

CONFIRMATION OF MINUTES

This is page 1 of the Minutes of the Meeting of Burwood Council held on 25 May 2015

MINUTES OF BURWOOD COUNCIL MEETINGS 25 MAY 2015

72/15 RESOLVED (Carried Unanimously)That the minutes of the meeting of the Council of Burwood held on Monday 27 April 2015, as circulated, be confirmed and signed as a true record of the proceeding of the meeting.

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

ADDRESS BY THE PUBLIC ON AGENDA ITEMS

Name ItemMr Xioung Hu88 Fitzroy StreetBurwood NSW 2134

Item 47/15 – 11 Ethel Street, Burwood – Demolition of Existing Dwelling and Garage, Subdivision of land from one lot into two lots and construction of new two storey dwelling on each lot (front dwelling with basement garage and rear dwelling with attached garage) and new front fence.

Mr Nick Juradowitch(Town Planner)Ingham Planning


Mr Z CongAmy StreetCampsie NSW 2194


GENERAL BUSINESS

(ITEM 47/15) 11 ETHEL STREET, BURWOOD - DEMOLITION OF EXISTING DWELLING AND GARAGE, SUBDIVISION OF LAND FROM ONE LOT INTO TWO LOTS AND CONSTRUCTION OF NEW TWO-STOREY DWELLING ON EACH LOT (FRONT DWELLING WITH BASEMENT GARAGE AND REAR DWELLING WITH ATTACHED GARAGE) AND NEW FRONT FENCE

File No: 15/13670Applicant: Moderinn Pty LtdLocation: Northern side of Ethel Street between Burwood Road and Weldon

Street, BurwoodZoning: R2 Low Density Residential pursuant to the provisions of

Burwood Local Environmental Plan (BLEP) 2012

Proposal

The proposal is for the demolition of the existing dwelling and garage, subdivision of land from one lot into two lots and construction of a new two-storey dwelling on each lot (front dwelling with basement garage and rear dwelling with attached garage) and new front fence.

The subdivision of land will create a rectangular street-front lot of 631.63m2 and a rectangular rear battle-axe lot of 661.67m2 (excluding a 116.8m2 access handle). The new driveway will be located along the eastern boundary of the subject property.

Dwelling No. 1, fronting Ethel Street, will contain a basement garage for two cars, storage room and internal stair access to the ground floor of the dwelling. The ground floor of the



dwelling will consist of a bedroom, dining and living room, kitchen and family room, bathroom, laundry and front, side and rear terraces. The first floor of the dwelling will contain four bedrooms (each with its own ensuite) and four balconies (two at the front and two at the rear, all accessed from bedrooms).

Dwelling No. 2, located at the rear of the property, will consist of an attached garage, a bedroom, dining and living room, kitchen and family room, bathroom, laundry and front and rear terraces on the ground floor. The first floor of the dwelling will contain four bedrooms (each with its own ensuite) and three balconies (two at the front accessed from bedrooms and one at the rear off a hallway).

A new 1.2 metre high front fence with pedestrian and vehicular access gates is also proposed. The front fence will comprise of a rendered masonry base topped by horizontal metal slats.

73/15 RESOLVED (Carried Unanimously)That Development Application No. 176/2014 which proposes the demolition of the existing dwelling and garage, subdivision of land from one lot into two lots and construction of a new two-storey dwelling on each lot (front dwelling with basement garage and rear dwelling with attached garage) and new front fence at No. 11 Ethel Street, Burwood be approved subject to the following conditions:

(1) The development being carried out in accordance with the Plans and Documentation as listed below, except where amended by the conditions of consent:

Architectural Plans prepared by Moderinn Pty Ltd, Drawing Nos. DA-1001 to DA-1009, Issue D and dated February 2015.

Proposed Lot Subdivision Plan prepared by Moderinn Pty Ltd, Drawing No. DA-1000A, Issue 1 and dated September 2014.

Site Context and Site Analysis on Existing Structures prepared by Moderinn Pty Ltd, Drawing Nos. DA-100 and DA-101, Issue 1 and dated September 2014.

External Materials and Finishes dated 26/09/2014. Stormwater Drainage Plan and Sediment and Erosion Control Plan prepared

by A K Y Civil Engineering, Project No. 14026, Drawing Nos. H-01 to H-02, Revision C and D and dated 28/04/2015 and 9/05/2015.

Landscape Plans prepared by Conzept Landscape Architects, Drawing No. LPDA 15-116/1, Issue E and dated 1/05/2015, Drawing No. LPDA 15-116/2, Issue C and dated 1/05/2015 and Drawing No. LPDA 15-116/3, Issue B and dated 9/10/2014.

Arboricultural Impact Assessment Report (Ref: 1156) prepared 24/10/2014 and revised 10/11/2014 and Addendum Report (Ref: 1156.add) dated 10/02/2015 prepared by Redgum Horticultural.

BASIX Certificate No. 579094M prepared by SLR Consulting Pty Ltd and issued on 10/10/2014.

ABSA Certificate No. 1006947327 prepared by SLR Consulting Pty Ltd dated 10/10/2014.

Statement of Environmental Effects (Job No. 14085) prepared by Ingham Planning Pty Ltd dated October 2014.

Cover Letter prepared by Ingham Planning Pty Ltd dated 2/02/2015. Waste Management Statement and Plan prepared by Moderinn Pty Ltd dated

5/11/2014. Quantity Surveyors Cost Report for DA Submission prepared by Quantex

Consulting dated 6/11/2014.



FEES

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

TABLE OF FEES

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

(2) Building and Construction Industry Long Service Corporation Levy $5,201.00 (Payment to be made to Council, the Corporation or its Agent)

(3) Damage Deposit - security deposit against damage occurring to Council's assets (footpath, road, stormwater drainage system, kerb and gutter, etc) during building work $13,550.00 (Payment to be made to Council as a bond prior to issue of a Construction Certificate and/or commencement of demolition/bulk excavation)

NOTE: This deposit is refundable if no damage occurs.

(4) Construction by the Applicant/Council of the stormwater drainage works $2,000.00 (Payment to be made to Council as a bond for stormwater connection to Council’s pit)

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

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

(6) Pursuant to Section 94A of the Environmental Planning and Assessment Act 1979 and the Section 94A Contributions Plan for the Burwood Local Government Area (Excluding Burwood Town Centre), the following monetary contribution towards public services and amenities is required:

Contribution Element ContributionA levy of 0.25% of the cost of carrying out the development, where the cost calculated and agreed by Council is $1,486,000.00

$3,715.00

Index Period December 2014 CPI1 106.8

Office Use: T56

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



The contribution will be adjusted in accordance with the following formula:

Contribution (at time of payment) = C x CPI2

CPI1

Where:

C: the original contributions amount as shown in the development consent;

CPI2 the Consumer Price Index: All Groups Index for Sydney, for the immediate past quarter (available from the Australian Bureau of Statistics at the time of payment)

CPI1 the Consumer Price Index: All Groups Index for Sydney, applied at the time of granting the development consent as shown on the development consent.

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

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

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

Note: The payment of a Section 94A contribution over an amount of $5,000.00 may only be paid by Bank Cheque (i.e. personal or company cheques will not be accepted). Contributions of $5,000.00 or less may be paid by cash, EFTPOS, cheque or credit card. Payments by credit card may be subject to a surcharge.

PLANNING

(1) A minimum 1.8 metre high privacy screen must be provided along the western edge of the rear balcony (edge of the planter box) located to the immediate north of Bedroom 2 in Dwelling 1. Details of the method of complying with this requirement must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(2) The rear balcony located off the hallway on the first floor of Dwelling 2 must be deleted as it does not comply with the access requirements of BDCP. Details of the method of complying with this requirement must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(3) A minimum 1.8 metre high privacy screen must be provided along the western and eastern edge of the front balcony (edge of the planter box) located off Bedroom 1 in Dwelling 2. Details of the method of complying with this requirement must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.



(4) The northern window of Bedroom 4 located on the first floor of Dwelling 2 must be reduced in size so that it is the same width as the western window of Bedroom 4 (i.e. 2.2 metres wide). Details of the method of complying with this requirement must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(5) All bathroom and ensuite windows in Dwelling 1 and Dwelling 2 must be provided with translucent or opaque glazing in accordance with Provision 3 of Section 4.5.3.4 (Privacy) in Burwood Development Control Plan (BDCP). Details of the method of complying with this requirement must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(6) Any new retaining walls are to be located wholly within the boundaries of the property so as to allow for the erection of any new dividing fence (and core-drilling of fence posts) between the development site and adjoining properties along the true common boundaries.

Any new retaining walls are also to be set out by a peg-out Survey from a Registered Surveyor prior to their construction and a certificate provided to the Principal Certifying Authority to ensure compliance with the above requirement.

(7) The garages being used for car parking only and not for habitable, commercial or industrial purposes.

(8) A clothes drying area being provided and this area is not to be readily visible from a public place. Details showing compliance with this requirement must be noted on the plans prior to the issuing of a Construction Certificate.

(9) The building shall be set out by a Registered Surveyor and a copy of the set out shall be submitted to the Principal Certifying Authority prior to the commencement of construction.

(10) A Registered Surveyor's Certificate being submitted to the Principal Certifying Authority as follows:

a. Before proceeding beyond ground floor height of each dwelling to indicate the height of the finished floor level and to show boundary clearances; and

b. On completion of the dwellings to indicate the heights of the finished floor levels and roof ridge levels and to show boundary clearances and areas of the site occupied by the building.

TREES/LANDSCAPING

(1) The pruning issue of three branches on the neighbouring Cedrus tree located at No. 11A Ethel Street, as detailed in the Addendum Arborist Report (Ref: 1156.add) prepared by Redgum Horticultural dated 10 February, 2015, must be resolved prior to the issue of a Construction Certificate. The process to resolve the issue requires the tree owner to provide written consent to permit the pruning of the subject three branches overhanging into the property at No. 11 Ethel Street.

(2) The Arboricultural Impact Assessment Report (Ref: 1156) prepared by Redgum Horticultural dated 24 October, 2014 and revised 10 November, 2014 acknowledges that the Illawarra flame tree (Tree 5 in the Report), located in the neighbouring property of No. 11A Ethel Street, will be impacted by the excavation to the rear of House No. 1 and any retaining wall. The Arborist Report recommends



root mapping within this area prior to the commencement of any demolition, as major structural roots may be damaged. A Level 5 Arborist is to be engaged to supervise the root mapping and excavation, of which the Arborist must make recommendations on the appropriate methodology to eliminate any impact on Tree 5.

(3) The landscaping of the site being carried out in accordance with the approved Landscape Plan prior to the issuing of an Occupation Certificate. The landscaping is to be maintained at all times following its installation. Any trees planted as part of the approved landscape plan shall be of a super advanced stage with a minimum 75 litre container size. The trees shall not be altered or removed without the prior consent of Council being given in writing.

BUILDING

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

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

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

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

(2) The buildings being known as No. 11 and 11B Ethel Street, Burwood and these numbers (at least 150mm in height) being clearly displayed on the site prior to the issuing of an Occupation Certificate.

(3) Should an electricity supply power pole be located within the property, the pole is to be painted with a colour that blends with the surrounding area to the satisfaction of Council.

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

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

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

(5) All building works being erected wholly within the boundaries of the property.

(6) All sanitary plumbing being concealed in suitably enclosed ducts. Such ducts are to be constructed internally (i.e. not on the outside face of an external wall) and are to be adequately sound-proofed.



(7) All plumbing and drainage work being carried out by licensed tradesmen and in accordance with the requirements of the Plumbing Code of Australia.

(8) The floor of the wet areas being of a material impervious to moisture and graded and drained to the sewers of Sydney Water.

(9) The noise emitted by any air-conditioning equipment being inaudible in your neighbours’ homes between 10:00pm and 7:00am weekdays and 10:00pm and 8:00am on weekends and public holidays. Council is to be consulted prior to the installation of any air-conditioning equipment.

(10) The dwellings being equipped with a smoke alarm system as required by Part 3.7.2 of the Building Code of Australia – Volume Two.

Mains powered smoke alarms complying with Australian Standard AS 3786-1993 are to be installed at or near the ceiling in:

a. any storey containing bedrooms:

(i) between each part containing bedrooms and the remainder(ii) where bedrooms are served by a hallway, in that hallway

b. any other storey not containing bedrooms.

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

(11) The stairs and balustrades being designed to comply with Part 3.9.1 and Part 3.9.2 of the Building Code of Australia Housing Provisions. Details of the method of complying with this requirement must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(12) Safety glazing being used in every glazed door or panel that is capable of being mistaken for a doorway or unimpeded path of travel. The glazing must comply with Australian Standard AS 1288-2006 - Glass in Buildings - Selection and Installation. Details of the method of complying with this requirement must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(13) Framed panels or doors enclosing or partially enclosing a shower or bath shall be glazed with "A" or "B" grade safety glazing material in accordance with Australian Standard AS 1288-2006, Table 4.5 SAA Glass Installation Code (Human Impact Considerations). Details of the method of complying with this requirement must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(14) Treatment for the protection of the building from subterranean termites must be carried out in accordance with Australian Standard AS 3660.1-2000 “Termite management - New building work.”

If the method of protection is to be by way of a chemical barrier, it becomes the responsibility of the owner to maintain a suitable maintenance procedure in accordance with the manufacturer's requirements. Such responsibility is placed solely upon the owner.

After treatment the following is to be carried out:



a. A durable notice must be permanently fixed to the building in a prominent location, such as the meter box, indicating:

(i) The method of protection.(ii) The date of installation of the system.(iii) Where a chemical barrier is used, its life expectancy as listed on the

National Registration Authority label.(iv) The installer's or manufacturer's recommendation for the scope and

frequency of future inspection for termite activity.

b. Provide the Principal Certifying Authority with a Certificate which verifies that termite protection has been provided in accordance with Australian Standard AS 3660.1-2000. In the case of Reinforced Concrete Slab construction the Certificate is to verify that the protection incorporates both beneath slab (Part A) and slab penetrations (Part B) treatment.

Details showing compliance with this requirement must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(15) Protection of openable windows being in accordance with Part 3.9.2.5 of the Building Code of Australia Housing Provisions. Details of the method of complying with this requirement must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(16) Windows are to have frames that are a minimum width of 45mm (i.e. similar to commercial style aluminium framed windows).

(17) The garage door on the front elevation of Dwelling 1 is to be constructed of timber or alternatively, be of a material similar to timber in appearance.

(18) Dividing Fences Act 1991 - Your attention is directed to any obligations or responsibilities under the Dividing Fences Act 1991 in respect of adjoining property owner/s which may arise from this application. Any enquiries in this regard may be made to the Crown Lands Division on (02) 8836 5332.

(19) No part of the front fencing including footings must encroach upon Council's footpath. Entrance gates must open within/into the property.

(20) Where residential building work (within the meaning of the Home Building Act 1989) is proposed to be carried out, either of the following is to be provided to the Principal Certifying Authority prior to the issuing of a Construction Certificate:

a. Where work is carried out by a Principal Contractor:

(i) written advice of the Principal Contractor’s name and licence number, and

(ii) a certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 to the effect that a person is the holder of an insurance contract issued for the purposes of that Part.

OR

b. Where work is carried out by an owner-builder:

(i) written advice of the person's name and Owner-Builder Permit number,



or

(ii) a signed declaration from the owner of the land that states the reasonable market cost of the labour and materials involved in the work is not high enough for the owner to need an Owner-Builder's Permit to do the work.

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

a. must be a standard flushing toilet, andb. must be connected:

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

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

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

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

(24) Where soil conditions require it:

a. retaining walls must be provided so as to prevent soil movement; and

b. adequate provision must be made for drainage.

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

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

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

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

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

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

(26) Your attention is directed to the following:

WARNING



The approved plans must be submitted to a Sydney Water Quick Check agent to determine whether the development will affect any Sydney Water wastewater and water mains, stormwater drains and/or easement, and if any requirements need to be met. Plans will be appropriately stamped and a copy is to be provided to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

Please refer to the website www.sydneywater.com.au for:

Quick Check agents details – see Building and Developing then Quick Check and

Guidelines for Building Over/Adjacent to Sydney Water Assets – see Building and Developing then Building and Renovating

or telephone 13 20 92.

(27) The builder is to take all precautions to ensure footpaths and roads are kept in a safe condition and to prevent damage to Council's property. Pedestrian access across the footpath must be maintained at all times. Any damage caused will be made good by Council at Council's restoration rates, at the builder's expense.

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

(29) No materials are to be stored on Council's roads, footpaths or parks.

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

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

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

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

(33) The building works are to be inspected during construction by the Principal Certifying Authority or an appropriate Accredited Certifier authorised by the Principal Certifying Authority at the stages of construction listed in the following schedule. The Principal Certifying Authority must be satisfied that the construction satisfies the standards specified in the Building Code of Australia or in this approval before proceeding beyond the relevant stage of construction.

SCHEDULE OF CONSTRUCTION STAGES REQUIRING INSPECTION

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

Prior to pouring any in-situ reinforced concrete building element;



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

Prior to covering waterproofing in any wet areas;

Prior to covering any stormwater drainage connections; and

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

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

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

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

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

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

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

(37) The Principal Certifying Authority or Structural Engineer is to also supervise the construction. All Certificates from the supervising Structural Engineer are to be submitted to the Principal Certifying Authority before an Occupation Certificate is issued stating that all reinforced concrete and/or structural members have been erected in accordance with his/her requirements and the relevant SAA Codes.

(38) Timber sizes and the framework in general are to conform with the requirements of Australian Standard AS 1684 "Residential timber-framed construction."

DEMOLITION

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

(2) Hours of demolition work shall be from 7:00am to 5:30pm Mondays to Fridays inclusive, and from 7:00am to 1:00pm Saturdays. No demolition work shall be carried out on Sundays or Public Holidays. The owner/builder shall be responsible



for the compliance of this condition by all sub-contractors, including demolishers.

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

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

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

(6) When demolition of any existing building is involved, burning of any demolition materials on the site is prohibited.

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

HEALTH

(1) A WorkCover licensed contractor must undertake removal of more than 10 square metres of any bonded asbestos. Removal of any friable asbestos must only be undertaken by a contractor that holds a current friable asbestos removal licence.

(2) Removal of any asbestos must be undertaken in compliance with the requirements of WorkCover. Refer to their publication “Your Guide to Working with Asbestos.”

(3) Demolition sites that involve the removal of any asbestos must display a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm erected in a prominent visible location at the site to the satisfaction of Council Officers. The sign is to be erected prior to the commencement of demolition works and is to remain in place until such time as all asbestos has been removed from the site to an approved waste facility. This will ensure compliance with Clause 469 of the Work Health and Safety Regulation 2011.

(4) All asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations (Waste) Regulation 2005.

(5) All asbestos laden waste must be disposed of at an approved waste disposal depot (Refer to the Office of Environment and Heritage or Waste Service NSW for details of sites).

(6) Written notice must be provided to Council and adjoining neighbours at least two working days prior to commencement of any works.

Such written notice is to include the following details:



Date of asbestos removal; and Name, address contact details (including afterhours contact telephone number)

and WorkCover licence number of the asbestos removal contractor.

Work is not to commence prior to the nominated date.

SUBDIVISION

(1) Submission of a Final Survey Plan of Subdivision to the Principal Certifying Authority in accordance with the requirements of the Land & Property Information Office.

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

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

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the Linen Plan of Subdivision and/or the issuing of an Occupation Certificate for the development.

ENGINEERING

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

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

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

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

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

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

a. a catchment plan.

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

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



d. details and dimensions of pits and drainage structures.

e. hydrologic and hydraulic calculations.

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

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

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

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

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

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

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

(4) The following matters shall apply to the stormwater drainage works listed in the Table of Fees (bond for stormwater connection to Council’s pit).

The stormwater drainage works for stormwater connection to Council’s drainage system consists of:

(i) A new Council standard pit and lintel shall be constructed in the street outside the property boundary for the property’s stormwater to connect to. Pipes laid under road surface connecting to Council’s pit shall be 375mm in diameter reinforced concrete spigot and socket with rubber ring joints.

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

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

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

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



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

SCHEDULE OF CONSTRUCTION STAGES REQUIRING INSPECTION

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

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

c. For on-site detention systems:

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

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

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

(6) Following completion of all drainage works:

a. Works-as-executed plans, prepared and signed by a registered surveyor, shall be prepared. These plans shall include levels and location for all drainage structures and works, buildings (including floor levels) and finished ground and pavement surface levels. These plans are to be reviewed by the competent practicing hydraulic/civil engineer that inspected the works during construction.

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

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

(i) On-site Stormwater Detention system.(ii) Pump and rising main system.

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

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

(i) On-site Stormwater Detention system.



(ii) Pump and rising main system.

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

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

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

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

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

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

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

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

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

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

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

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

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

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



Occupation Certificate.

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

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

(11) Spoil and building materials shall not be placed, stored, thrown or caused to fall on any public roadway or footpath. Waste containers shall be placed in accordance with Council's Rubbish Skips Policy. Contact Council for a list of approved skip bin suppliers.

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

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

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

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

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

a. Two vehicular crossings 3m wide to Ethel Street shall be constructed by the Applicant/Council at the Applicant’s cost.

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

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



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

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

(16) Stormwater from all roof and paved surfaces shall be collected and discharged by means of a gravity pipe to Council's street drainage system.

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

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

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

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

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

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

TRAFFIC

1. Vehicles accessing the rear dwelling and garage are to enter and exit the site in a forward facing direction.

2. That the Objectors be advised of Council’s decision.

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

Councillor Tony Doueihi and Deputy Mayor George Mannah called for a DIVISION.

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

FOR AGAINSTCouncillor Furneaux-CookCouncillor FakerCouncillor MannahCouncillor TauntonCouncillor DoueihiTotal (5) Total (0)

(ITEM 48/15) FIT FOR THE FUTURE – ADOPTION OF SUBMISSION TO IPART



File No: 15/19713Summary

Under the State Government’s Fit For the Future reform framework, councils are required to lodge a submission to the Independent Pricing and Regulatory Tribunal (IPART) by 30 June 2015, to either stand alone or merge with other councils.

Following extensive research, modelling studies, community surveys and discussion with neighbouring local government areas, Council is now presented with two options:

1. stand-alone or2. merge with City of Canada Bay Council and Auburn City Council.

74/15 RESOLVED (Carried Unanimously)1. That Council adopt a “stand alone” position in relation to the Fit for the Future

reform agenda.

2. That Council delegates to the General Manager the authority to finalise and lodge the Council’s submission by 30 June 2015 but not before the Independent Pricing and Regulatory Tribunal (IPART) releases its methodology on scale and capacity and/or joint organisations to be handed down on the 2 June 2015, as per Template 2 provided by the Office of Local Government.

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



(ITEM 49/15) ADOPTION OF 2015/16 OPERATIONAL PLAN AND BUDGET, 2015/16 STATEMENT OF REVENUE POLICY, 2015/16 FEES AND CHARGES AND MAKING OF THE RATE AND CHARGES


The purpose of this report is to seek Council’s adoption of the:

2015-16 Operational Plan and Budget 2015-16 Statement of Revenue Policy, incorporating Schedule of Fees and

Charges Making of the rate and charges

75/15 RESOLVED (Carried Unanimously)1. That Council note that no submissions have been received relating to the Draft

2015-16 Operational Plan and Budget and the 2015-16 Statement of Revenue Policy.

2. That Council adopt the 2015-16 Operational Plan.3. That Council adopt the 2015-16 Budget.4. That Council levy two ordinary rates, being “Residential” and “Business”.5. That the “Residential” rate be sub-categorised into:

Residential Residential–Town Centre

6. That the “Business” rate be sub-categorised into sub-categories, being:

Business A Business B Business C Business D Town Centre–Minor Business

7. That Council continue to adhere to the minimum/ad-valorem basis of rating with a reasonable substantial minimum rate set at an amount determined to be the contribution required to cover the provision of the basic activities of the Council.

8. That Council make:

(i) An Ordinary Rate (Residential) of 0.00207053 in the dollar on all rateable residential land in the Burwood Council area excluding Residential–Town Centre land, with the minimum amount payable for this rate in respect to each separate parcel of rateable land be the sum of $791.00.

(ii) An Ordinary Rate (Residential–Town Centre) of 0.00173786 in the dollar on all rateable residential land in the Burwood Council area defined and categorised as Residential–Town Centre land, with the minimum amount payable for this rate in respect to each separate parcel of rateable land be the sum of $1,010.00.

(iii) An Ordinary Rate (Business A) of 0.00405454 in the dollar on all rateable business land in the Burwood Council area other than the rateable business land included in sub-categories Business B, Business C, Business D and Town Centre–Minor Business, with the minimum amount payable for this rate in respect to each separate parcel of rateable land be the sum of $866.00.



(iv) An Ordinary Rate (Business B) of 0.00584464 in the dollar on all rateable business land within the centre of activity defined, and categorised Category Business B, with the minimum amount payable for this rate in respect to each separate parcel of rateable land be the sum of $866.00.

(v) An Ordinary Rate (Business C) of 0.00636341 in the dollar on all rateable business land within the centre of activity defined, and categorised Category Business C, with the minimum amount payable for this rate in respect to each separate parcel of rateable land be the sum of $866.00.

(vi) An Ordinary Rate (Business D) of 0.01085302 in the dollar on all rateable business land within the centre of activity defined, and categorised Category Business D with the minimum amount payable for this rate in respect to each separate parcel of rateable land be the sum of $1,108.00.

(vii) An Ordinary Rate (Town Centre–Minor Business) of 0.00408935 in the dollar on all rateable business land within the defined Town Centre area and categorised as Town Centre–Minor Business, with the minimum amount payable for this rate in respect to each separate parcel of rateable land be the sum of $1,108.00.

(viii) Residential Waste Management Service Availability Charges (Residential Waste Charge or Res Strata Waste Charge) in accordance with s496 of the Local Government Act 1993, as denoted in the 2015-2016 Schedule of Fees and Charges document.

(ix) Stormwater Management Service Charges (Stormwater Management Service Charge) in accordance with s496A of the Local Government Act 1993 and Regulation 125A and 125AA of Local Government (General) Regulation 2005, as denoted in the 2015-2016 Schedule of Fees and Charges document.

(x) Charges pursuant to s611 of the Local Government Act 1993 as denoted in the 2015-2016 Schedule of Fees and Charges document.

9. That the yield of Rates for 2015-16 as shown in the following table be noted:

2015/2016 RATING STRUCTURE WITH +6.5% Special Rate Variation and Other Permitted Adjustments

RATE TYPE

CATEGORY TOTAL NUMBER OF

ASSESSMENTS

RATEIN THE

DOLLAR

NUMBER MIN. RATE

ASSESSMENTS

MINIMUM RATE

$

NOTIONAL YIELD

$

Ordinary Residential 9,418.19* 0.00207053 3,241.55* $791.00 $11,033,312

Ordinary Business A 456.81* 0.00405454 123.06* $866.00 $1,294,055

Ordinary Business B 45 0.00584464 3 $866.00 $538,104

Ordinary Business C 30 0.00636341 0 $866.00 $343,752

Ordinary Business D 14 0.01085302 1 $1,108.00 $1,601,190

Ordinary Residential Town Centre

2,192 0.00173786 2,141 $1,010.00 $2,349,433

Ordinary Town Centre - Minor

321 0.00408935 163 $1,108.00 $1,123,082



Business

Total 12,477 5,672.61 $18,282,928

*Pursuant to Section 518B of the Local Government Act 1993, inter alia land valuations carrying a Mixed Development Apportionment Factor (MDAF) are rated proportionally between Ordinary–Residential and Ordinary–Business A minimum/ad-valorem rates according to the MDAF percentages supplied by the NSW Valuer General. This accounts for the fractional number of assessments in the above table.10. That the yield from the Residential Waste Management Service Availability

Charges of $4,600,758 be noted.

11. That the yield from the Stormwater Management Service Charges of $265,860 be noted.

12. That the yield for the s611 Charges (Gas Mains Assessment) will be approximately $24,000.

13. That pursuant to Section 566(3) the rate of interest payable on overdue rates and charges for the 2015-16 rating year will be 8.5% per annum calculated daily and the 2015-2016 Statement of Revenue Policy be amended accordingly.

14. That Council adopt the Section 603 certificate fee for 2015-2016 of $75 and amend the 2015-2016 Statement of Revenue Policy accordingly.

15. That the General Manager levy the rates and charges for the period 1 July 2015 to 30 June 2016 by service of the rates and charges notices pursuant to the Local Government Act 1993 and the Regulation made there under.

16. That Council adopt the 2015-2016 Statement of Revenue Policy incorporating the Schedule of Fees & Charges 2015-2016 as amended.

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

(ITEM 50/15) ADOPTION OF DRAFT WASTE POLICY - LOCAL APPROVALS POLICY FOR MANAGING WASTE IN PUBLIC PLACES


The Draft Waste Policy was endorsed for public exhibition by Council at its meeting of 23 March 2015. The public exhibition period has now concluded and the Policy is submitted to Council for adoption.

76/15 RESOLVED (Carried Unanimously)1. That Council adopt the Draft Waste Policy – Local Approvals Policy for Managing

Waste in Public Places.

2. That the adoption of the Policy be notified to the community through Council’s communication platform.

3. A letter from the Mayor be distributed to the Town Centres to inform residents and businesses of the change and, where appropriate, the Safe and Clean Team distribute the letters.

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

(ITEM 51/15) ADOPTION - DRAFT COMPANION ANIMAL MANAGEMENT PLAN




This report seeks Council’s adoption of the reviewed Companion Animal Management Plan. This plan was first adopted in 2009.

77/15 RESOLVED (Carried Unanimously)That Council adopt the Draft Companion Animal Management Plan.

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

(ITEM 52/15) TVB AUSTRALIA CARNIVAL 2015 - PROPOSAL FOR SUPPORT


Council received a proposal from TVB Australia, the largest TV platform showing over 60 Chinese and Vietnamese channels in Australia, to host the TVBA Carnival 2015 in Burwood on Saturday 29 August 2015.

It is proposed that Burwood Council support the event as part of its annual celebrations for Lunar New Year, by providing a donation of $18,712.50 to cover costs for structural components as well as park hire and related fees.

78/15 RESOLVED (Carried Unanimously)1. That Council approve a donation of $18,712.50 to TVBA Carnival 2015, to fund

costs for a stage, stage cover, audiovisual equipment and technician for the event, garbage removal service on event day (staff, truck and related charges) and the following fees:

Park hire fee $4,000.00 Admin fee $320.00 Electricity fee $108.00 Stage fee $154.00 Stalls fee $500.00 Marquee fee $78.00 Banner installation fee: $242.00 Amusement rides fee: $462.00

In return for this support TVB Australia have agreed to provide the following to Burwood Council:

Acknowledge Burwood Council as event partner and display the Burwood Council logo in all promotional materials and media coverage.

Provide six days Community Service Announcements on their TVBJ television channels profiling Burwood Council initiatives during 2015-2016 at a frequency of three times daily at 7.00am, 6.00pm and 9.30pm, on six separate dates (dates to be confirmed at a later date).

Provide four days of Advertisements on their TVBJ television channel for up to 1 minute 30 seconds each advertising Burwood Council’s Burwood Festival. These advertisements must be aired at a frequency of four times daily at the times of 7.00am, 3.30pm, 6.00pm and 9.30pm, on four separate dates. These dates should be Thursday 3 September 2015, Tuesday 8 September 2015, Sunday 13 September 2015 and Friday 18 September 2015.



Film at Burwood Council’s Burwood Festival and include this footage on news coverage on their TVBJ television channels after the event on Monday 21 September at 7.00am, 3.30pm, 6.00pm and 9.30pm.

Provide four days Advertisements on their TVBJ television channel for up to 1 minute 30 seconds each advertising Burwood Council’s Lunar New Year celebrations. These advertisements must be aired at a frequency of four times daily at the times of 7.00am, 3.30pm, 6.00pm and 9.30pm, on four separate dates. The dates of the four Advertisements should be during February 2016, including on the Lunar New Year, February 8 2016.

Film at Burwood Council’s Lunar New Year celebrations and include this footage on news coverage on their TVBJ television channels on the day after the event (date to be confirmed at a later date) at 7.00am, 3.30pm, 6.00pm and 9.30pm.

Provide a community stall at the event for Burwood Council to promote its activities.

Provide logo placement in all on-site event signage and banners. Will cover the cost of bonds associated with the hire of Burwood Park for

their event. Invite the Mayor to open the ceremony on Saturday 29 August 2015 and

deliver an address.

2. That Council reduce the 2015-2016 budget for the Burwood Council Lunar New Year Celebrations by $18,712.50.

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

(ITEM 53/15) INVESTMENT REPORT AS AT 30 APRIL 2015


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

79/15 RESOLVED (Carried Unanimously)1. That the investment report for 30 April 2015 be received and endorsed.2. That the Certificate of the Responsible Accounting Officer be received and noted.

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

(ITEM 54/15) 70TH ANNIVERSARY SANDAKAN DAY MEMORIAL SERVICE, SANDAKAN, SABAH, MALAYSIA - 15 AUGUST 2015


This year marks the 70th Anniversary of the Sandakan Death Marches of the Second World War, and a special Sandakan Day Memorial Service will be held in the Sandakan Memorial Park, Sandakan, on Saturday, 15 August 2015. On behalf of the Sandakan Community Education Committee, the General Manager, Michael McMahon, has been invited to represent Council at the Remembrance Service this year. The invitation from the President, Datuk Ir. James Wong, of the Sandakan Municipal Council, is attached.

80/15 RESOLVED (Carried Unanimously)



1. That Council authorises Michael McMahon, General Manager, to attend the 70th

Anniversary Sandakan Day Memorial Service as approved by the Sandakan Community Education Committee on 15 August 2015 at Sandakan.

2. That Council meets the cost of return air fares from Sydney/Singapore/Sandakan/Singapore/Sydney, accommodation for six nights (two in Singapore and four in Sandakan) and daily allowances in accordance with Tax Determination TD2014/19 as put out by the Australian Taxation Office.

3. That the General Manager, Michael McMahon, report back to Council on the visit in accordance with Council policy.


(ITEM 55/15) LOCAL GOVERNMENT REMUNERATION TRIBUNAL - FEES FOR MAYOR AND COUNCILLORS


This Report is prepared to enable Council to set its fees payable to the Mayor and Councillors for the year 1 July 2015 to 30 July 2016.

81/15 RESOLVED (Carried Unanimously)

That Council fix the fees payable to the Mayor and Councillors for the 2015/2016 Financial Year in accordance with the range specified by the Local Government Remuneration Tribunal for the Metropolitan Council Category at the maximum.


(ITEM 56/15) INVITATION TO THE MAYOR TO ATTEND THE LEBANESE AUSTRALIAN DAY CELEBRATIONS IN HAYDA LEBANON


The Mayor, Cr John Faker, received an invitation from the Chief Executive Officer of Hayda Lebanon to attend a special event in honour of the Lebanese Australian Day to be held on Sunday, 5 July 2015.

The invitation has recently been received by the Mayor and, by coincidence, he and his family will be visiting Lebanon at that time.

The Mayor has requested Council’s approval to attend this celebration on behalf of Burwood and that all costs associated with his attendance will be met by him.

82/15 RESOLVED (Carried Unanimously)1. That Council approve the attendance of the Mayor, Cr John Faker, to attend the

Lebanese Australian Day event to be held in Hayda Lebanon on Sunday, 5 July 2015.

2. That the Mayor consider whether a gift from Council is warranted and if so, purchase such gift to an appropriate value.

(Moved Councillor Justin Taunton/Seconded Councillor Tony Doueihi)



REPORTS OF COMMITTEES

(ITEM RC2/15) MINUTES OF THE MAY 2015 BURWOOD LOCAL TRAFFIC COMMITTEE


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

83/15 RESOLVED (Carried Unanimously)That the minutes of the Burwood Local Traffic Committee of May 2015 be noted and the recommendations of the Committee as detailed below be adopted as a resolution of the Council.

(ITEM T.9/15) VICTORIA STREET EAST, BURWOOD - PROPOSED LINE MARKING UPGRADERecommendation1. That Council approve the installation of a S1 centre line and E1 edge line in Victoria

Street East, between Shaftesbury Road and Lucas Road, as per diagram in the above report.

2. That Council investigate the ability to have peak hour clearway or no parking restrictions on the north side of Victoria Street East, between Shaftesbury Road and Lucas Road.

(ITEM T.10/15) CLAREMONT ROAD, BURWOOD HEIGHTS - TIMED NO PARKING RESTRICTIONSRecommendationsThat the matter be deferred until a study of the traffic conditions along Claremont Road, Burwood Heights is complete and the findings reported to the Traffic Committee.

(ITEM T.11/15) GEORGES RIVER ROAD, CROYDON PARK - NO PARKING RESTRICTIONSRecommendationThat Council approve the installation of 15.0m of ‘No Parking’ restrictions along the northern side of Georges River Road, commencing on the western side of the driveway of property #199 and terminating on the eastern side of the driveway of property No.195-197.

(ITEM T.12/15) EMANUEL LANE, BURWOOD - PARKING RESTRICTIONSRecommendationThat Council approve the installation of ‘No Stopping’ and ‘No Parking’ restrictions in Emanuel Lane per the plan presented in the report.

(ITEM T.13/15) MURRAY STREET, CROYDON - SHORT TERM PARKINGRecommendationThat Council approve the installation of ‘15 Minute Parking 2pm – 7pm Monday – Friday’ restriction on the southern side of Murray Street, east of Chelmsford Avenue, for a length of 15 metres.

(ITEM T.14/15) GLADSTONE STREET, BURWOOD - REMOVAL OF PARKING NEAR MT PLEASANT AVENUE



RecommendationThat Council approve the replacement of the existing ‘1P Parking’ restrictions outside No.19 Gladstone Street, Burwood, with ‘No Parking’ restrictions.

(ITEM T.15/15) ROBINSON STREET, CROYDON - REQUEST FOR MOBILITY PARKINGRecommendationThat Council approve the installation of a 6m long Mobility Parking Space along the frontage of 34 Robinson Street, Croydon.

(ITEM T.16/15) GROSVENOR STREET, CROYDON - REQUEST FOR MOBILITY PARKINGRecommendation1. That Council approve the installation of a 6m long Mobility Parking Space along the

northern side of Grosvenor Street, Croydon, closer to the affected resident.

2. That Council investigate if the standard 10 meter no-stopping restrictions can be reduced at the intersection of Grosvenor Street and Young Street, due to the fact that Grosvenor Street is one way.

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

(ITEM IN15/15) POWER OF ATTORNEY FOR THE GENERAL MANAGER - FEBRUARY 2015 TO APRIL 2015


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

Council notes that the following document was signed under power of attorney:

Deed for Licence to operate the Coffee Cart at the Burwood Library and Community Hub between Burwood Council and Jin Heo Trading as Bobo’s Cafe as at 2 April 2015. There was no report to Council as this was an operational matter.

No Decision – Information Item Only

(ITEM IN16/15) PETITIONS


Council has received five petitions since the last Council Meeting.

Background

Date Received

Petition Subject No. of Household within

No. of Household outside

Responsible Council Division



the LGA the LGA17 April 2015

Residents objecting to Development Application 2014/121 at 10-12 Burwood Road, Burwood

4 0 Land, Infrastructure and Environment

22 April 2015

Residents objecting to Development Application 2015.036 at 2-14 Elsie Street, Burwood


27 April 2015

Residents objecting to Development Application 2015.036 at 2-14 Elsie Street, Burwood


4 May 2015 Residents objecting to Development Application 2015.048 at 5 Hornsey Street, Burwood


7 May 2015 Residents objecting to Development Application BD.2015.054 at 146-150 Liverpool Road Burwood – construction of a 6 storey building above basement parking for mixed use


Comments

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

No Decision – Information Item Only

(ITEM IN17/15) ANSWERS TO QUESTIONS WITHOUT NOTICE - COUNCIL MEETING OF 27 APRIL 2015


At the Council Meeting of 27 April 2015 the following Questions without Notice (QWN) were submitted by Councillors. Staff responded to the QWN and Councillors were notified on 5 May 2015 of the outcome of the QWN.

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

QUESTIONS WITHOUT NOTICE – COUNCIL MEETING OF 27 APRIL 2015

Question Response

Q10 – Cr Tony Doueihi

Can Council look at kiss and drive from Parnell Street to roundabout at Strathfield station from 8am to 9am and 5pm to 6pm?

Manager Traffic and Transport

This matter will be investigated and presented to a future meeting of the Burwood Local Traffic Committee for consideration.



Q11 – Cr Lesley Furneaux-Cook

It’s my understanding that Homebush/Strathfield and surrounding areas will soon be connected to the National Broadband Network. When, if known, is it Burwood’s turn?

DGM Corporate, Governance and Community/Manager IT

It is unknown when the National Broadband Network rollout is scheduled for Burwood. NBN Co. are no longer releasing long range rollout schedules. Councils need to wait to be notified by NBN Co. for when the rollout is planned.

However, new developments may apply to have the NBN installed as part of the development.

http://www.nbnco.com.au/develop-or-plan-with-the-nbn/new-developments.html

Q12 - Cr Lesley Furneaux-Cook

Can staff outline the procedure for residents to take action on parking across driveways when Council Rangers are not available to take photos or issue infringements?

Senior Manager Compliance

For parking complaints where vehicles are parking across the driveway, enforcement is via complaint as someone must be affected. The complainant can be anyone that is affected from the blocking of the driveway on the public verge.

Complaints that occur outside of Council working hours should be referred to Police. Police are delegated to also enforce these provisions and they communicate regularly with Council.

Q13 – Cr Lesley Furneaux-Cook

As part of the cleaning program along Burwood Road, does staff remove posters? I have noticed that there are a number of posters on the walls, those that have been removed, leave the gum and residue behind therefore no cleaning/washing of wall.


The Safe & Clean Team report any matters were advertising is placed on public assets. These matters are then investigated by Compliance and notices issued if breach identified. The Compliance Team seek removal after the investigation is finalised. In March 2015, 201 posters were removed.

The Safe & Clean Team cleans public property if any residue is sighted once the posters are removed. Private property is not cleaned by Council staff.

Q14 – Cr Ernest Wong

Can Council staff look into the possibility of a

Manager Traffic and Transport

This matter will be investigated and



zebra crossing at Victoria Street East between Boronia Avenue and Lucas Road?

presented to a future meeting of the Burwood Local Traffic Committee for consideration.

Q15 – Cr Justin Taunton

Can Council provide any information on the benefit of having a Parking Infringement Review Panel?


Burwood Council is currently in a 5-year contract with the State Debt Recovery Office (SDRO), until March 2018.

Burwood Council trialed an Internal Review Panel in early 2010 for several months.

The Panel was dismantled and the adjudication process returned to the SDRO due to process not being cost effective and duplicating the SDRO service.

In addition, in April 2010, SDRO officials clearly expressed that for probity purposes it is best that all adjudication matters be referred to SDRO.

Concerns about Council panels were in relation to probity, inconsistencies and delays.

It needs to be noted that the SDRO has a set fee that Council needs to pay regardless of whether Council decides to have its own Panel.

Council’s Internal Auditor completed a review of Council’s parking enforcement in 2012.

One of the recommendations of the Audit Report was that Council continues to use a centralised point of appeal with the SDRO, as opposed to drivers approaching elected members and General Manager directly, as this increases exposure to probity issues and scrutiny.

Q16 – Cr Justin Taunton

Can Council investigate the lighting at The Strand on the eastern side towards Malvern Hill as it is very dark at night?

Senior Manager Assets and Design

The Strand will be included as part of the next night audit in order to gauge the current street lighting conditions. If a lighting issue is confirmed will Council undertake to develop options in rectifying the issues. The next night



audit is scheduled for the week beginning 4/5/15.

No Decision – Information Item OnlyCONFIDENTIAL ITEMS - CLOSED SESSION

84/15 RESOLVED (Carried Unanimously)That the meeting move into closed session in order to consider Item TE2/15 The Provision of Workers Compensation Insurance and Related Services – Acceptance of Evaluation to be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (d) of the Local Government Act 1993, as the matter involves commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and Item 57/15 59B Park Road, Burwood – Proposed Lease/Licence and Sale of Land Parcel to be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) of the Local Government Act 1993 as the matter involves information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

(Moved Councillor Tony Doueihi/Seconded Councillor Justin Taunton)

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

THE MEETING MOVED INTO CLOSED SESSION AT 7.28 PM THE PUBLIC AND PRESS EXCLUDED FROM THE MEETING.

THE MEETING RESUMED IN OPEN SESSION AT 7.45 PM.

(ITEM TE2/15) THE PROVISION OF WORKERS COMPENSATION INSURANCE AND RELATED SERVICES - ACCEPTANCE OF EVALUATION

File No: 15/15541That above item be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (d) of the Local Government Act, 1993, as the matter involves commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

85/15 RESOLVED (Carried Unanimously)1. That StateCover Mutual be awarded the tender for the Provision of Workers’

Compensation Insurance and Related Services, contract number 1/15, at the forecasted premium cost of $336,665.51 effective from 1 July 2015 for an initial period of three years with the option for Council, subject to satisfactory performance, to renew the agreement each year thereafter up to a maximum of two additional periods of twelve months each.

2. That authority be granted to the General Manager to sign the contract and any related documentation under his power of attorney.

(Moved Councillor George Mannah/Seconded Councillor Justin Taunton)

(ITEM 57/15) 59B PARK ROAD BURWOOD - PROPOSED LEASE/LICENCE AND SALE OF LAND PARCEL

File No: 15/16383



That above item be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (c) of the Local Government Act, 1993, as the matter involves information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

86/15 RESOLVED (Carried Unanimously)That in regard to Community Land, Lot 2 DP 615429, known as 59B Park Road, Burwood (the land), approval be given to:

1. Accept the offer of Mr Joe Bechara on behalf of J and DP, JE and E Bechara to purchase the land for $18,000 (including GST) subject to each party meeting its own legal costs in the matter.

2. Enter into a Contract of Sale for the land subject to reclassification.3. Lease or Licence (whichever is the most appropriate) 59B Park Road, Burwood to J

and DP, JE and E Bechara for $100 for a period of 12 months or such other period to be determined by the General Manager to allow the reclassification and sale to be finalised.

4. Authorise the use of the land in relation to any Development Application submitted for the land.

5. Proceed to have the land reclassified from Community Land to Operation Land by way of a Local Environmental Plan process in accordance with the Environmental Planning & Assessment Act 1979 and the Local Government Act 1993.

6. The General Manger to sign all relevant documentation in accordance with his Power of Attorney granted to him by Council.

(Moved Councillor George Mannah/Seconded Councillor Tony Doueihi) QUESTIONS WITHOUT NOTICE

The following Questions Without Notice were submitted at the Meeting:

Questions without Notice provided by a Councillor was unable to be confirmed when completing the draft minutes but can be changed by that Councillor at the next scheduled meeting when the minutes are confirmed.

Councillor Tony Doueihi

Can Council trim the trees in the future on Burwood Road, Burwood.

Councillor Lesley Furneaux-Cook

How is the non-smoking area in public places (footpaths) been rolled out across Burwood? What information will be given to businesses and how will its implementation and its compliance be monitored?


I have had representation from a resident in regard to traffic issues around Wentworth Road and Conder Street, in particular to the two way traffic in Woodside Avenue between Wentworth Road and Conder Street as the street is very narrow and does not allow 2 way traffic. Can Council Investigate?


The bus movement along Woodside Avenue to The Boulevarde and which travels a short distance to turn right on to Albyn Street, this is a dangerous corner and creates banking up of traffic as it moves into the far lane to turn right. Can Council investigate?



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

Confirmed this 27th Day of July 2015.

MAYOR GENERAL MANAGER


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