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0 BURWOOD COUNCIL MEETINGS MINUTES OF THE MEETING OF THE COUNCIL OF BURWOOD held at the Council Chamber, Suite 1, Level 2, 1-17 Elsie Street, Burwood on Monday, 28 September 2015 commencing at 6.00pm. ATTENDANCE Councillor Sally Deans Councillor Tony Doueihi Councillor John Faker (Mayor) Councillor Lesley Furneaux-Cook Councillor George Mannah (Deputy Mayor) Councillor Justin Taunton Mr M McMahon, General Manager Mr I McCallum, Deputy General Manager Corporate, Governance & Community Mr B Macdonnell, Deputy General Manager Land, Infrastructure & Environment Mr T Briscese, Executive Manager Mr W Armitage, Chief Finance Officer Mr J Inglese, Senior Manager Assets and Design Mr B Olsen, Manager Building and Development Ms D Luo, Manager Strategic Planning Mr B Mortimer, Manager Organisation Development Mr R Di Federico, Manager Traffic and Transport Ms Y Tome, Governance Officer OPENING OF MEETING BY THE MAYOR The Mayor opened the meeting with a prayer. OPEN FORUM There was no business for this item. This is page 1 of the Minutes of the Meeting of Burwood Council held on 28 September 2015

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Page 1: Pro-Forma Minutes of Burwood Council Meetings - 28 ... · Web viewPVC sewer grade, earthenware or fibre reinforced concrete pipes may be used in the footpath to the kerb or stormwater

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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, 28 September 2015 commencing at 6.00pm.

ATTENDANCE Councillor Sally DeansCouncillor 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 & CommunityMr B Macdonnell, Deputy General Manager Land, Infrastructure & EnvironmentMr T Briscese, Executive ManagerMr W Armitage, Chief Finance OfficerMr J Inglese, Senior Manager Assets and DesignMr B Olsen, Manager Building and DevelopmentMs D Luo, Manager Strategic PlanningMr B Mortimer, Manager Organisation DevelopmentMr R Di Federico, Manager Traffic and TransportMs Y Tome, Governance Officer

OPENING OF MEETING BY THE MAYOR

The Mayor opened the meeting with a prayer.

OPEN FORUM

There was no business for this item.

APOLOGIESThat there were no apologies.

DECLARATIONS OF INTEREST

Councillor John Faker declared a non pecuniary less than significant interest on Item 95/15 - Investigate Planning Controls for Byer Street and Nos. 12A, 14, 16, and 18 Plymouth Street, Enfield as he has cousins that own property along Coronation Parade.

This is page 1 of the Minutes of the Meeting of Burwood Council held on 28 September 2015

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MINUTES OF BURWOOD COUNCIL MEETINGS 28 SEPTEMBER 2015

Councillor John Faker declared a non pecuniary less than significant interest on Item RC4/15 - Minutes of the 3 September 2015 Burwood Local Traffic Committee, Item LTC2/15 Jersey Road, Burwood – Modification to Existing Parking Provisions to Improve Public Transport Access as his daughters go to the local school across the road.

Councillor John Faker declared a pecuniary interest on Item 94/15 - 17 Macgregor Street, Croydon – Alterations and First Floor Addition to Existing Semi-detached Dwelling, New attached Garage, Swimming Pool and Fence as his in-laws live at 35 Young Street which has direct visibility to the extensions. He will remove himself from the meeting.

DECLARATIONS OF POLITICAL INTEREST

There were no declarations of political interests by Councillors.

CONFIRMATION OF MINUTES

134/15 RESOLVED (Carried Unanimously)That the minutes of the meeting of the Council of Burwood held on Monday, 24 August 2015 and Extraordinary Council of Burwood held on Tuesday, 8 September 2015, as circulated, be confirmed and signed as a true record of the proceeding of the meeting.

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

ADDRESS BY THE PUBLIC ON AGENDA ITEMS

Name ItemMr Tony JriegeUrban LinkShop 8320A-338 Liverpool RoadEnfield NSW 2136

Item 92/15 – No. 19-25 Everton Road Strathfield – Demolition of Existing Buildings and Construction of a Nine Storey Mixed Commercial and Residential Development Over Basement Car Parking – Development Application 71/2014

Ms Margo Maneschi16 Brighton StreetCroydon

Item 93/15 - No. 12 Brighton Street Croydon – Demolition of Existing Dwelling and Construction of a Two Storey Duplex from a Dual Occupancy – Development Application 40/2015

Mr Gary ChapmanPlannerChapman PlanningSuite 7, 481-483 Parramatta Road, Leichhardt

Item 93/15 - No. 12 Brighton Street Croydon – Demolition of Existing Dwelling and Construction of a Two Storey Duplex from a Dual Occupancy – Development Application 40/2015

Ms Meghan Vesey14 Macgregor StreetCroydon

Item 94/15 - 17 Macgregor Street, Croydon – Alterations and First Floor Addition to Existing Semi-detached dwelling, new attached garage, swimming pool and front fence

Ms Kristen Fanning9 Macgregor StreetCroydon

Item 94/15 - 17 Macgregor Street, Croydon – Alterations and First Floor Addition to Existing Semi-detached dwelling, new attached garage, swimming pool and front fence

Ms Suzanne Morrison17 Macgregor StreetCroydon

Item 94/15 - 17 Macgregor Street, Croydon – Alterations and First Floor Addition to Existing Semi-detached dwelling, new attached garage, swimming pool and front fence

Mr Stephen Thomas14 Macgregor Street

Item 94/15 - 17 Macgregor Street, Croydon – Alterations and First Floor Addition to Existing

This is page 2 of the Minutes of the Meeting of Burwood Council held on 28 September 2015

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MINUTES OF BURWOOD COUNCIL MEETINGS 28 SEPTEMBER 2015

Croydon Semi-detached dwelling, new attached garage, swimming pool and front fence

Mr Brad InwoodArchitect277 Trafalgar StreetPetersham

Item 94/15 - 17 Macgregor Street, Croydon – Alterations and First Floor Addition to Existing Semi-detached dwelling, new attached garage, swimming pool and front fence

Ms Mary De Britt12 Byer StreetEnfield

Item 95/15 – Investigate Planning Controls for Byer Street and Nos. 12A, 14, 16, and 18 Plymouth Street, Enfield

MAYORAL MINUTES

(ITEM MM16/15) WESTCONNEX PROPOSED ROUTE

File No: 15/41238Summary

I recently received a petition with over 400 signatures from residents regarding the new route of the M4 East WestConnex four lane tunnel.

The latest WestConnex maps show the tunnel would be under the residences in the Burwood and Croydon areas, affecting approximately 500 homes, especially those in:

Esher Street New Street Shaftesbury Road Cheltenham Road

Lucas Road King Edward Avenue Alexandria Avenue Lang Street

To date there has been little information conveyed to the community and no consultation undertaken on the new tunnel location. Residents who are aware of the altered tunnel route have expressed concern regarding the potential impacts on their properties, especially relating to noise and vibration during construction and any possible implications on their insurance and land title after construction.

Residents have also expressed disappointment that this was not the route indicated on WestConnex maps during the public exhibition period and, to their knowledge, no Environmental Impact Study has been made publicly available.

In response to a Notice of Motion raised at a recent Council Meeting, a letter was sent from the General Manager to the Project Director of the WestConnex Delivery Authority, requesting information on the project, including reasons why the tunnel route was changed.

While waiting for a response from the Authority, I would like to take a more proactive approach in order to alleviate residents’ concerns.

135/15 RESOLVED (Carried Unanimously)

1. I table the petition and send a copy to the relevant NSW Departments and Ministers.

2. Council write to the Minister for Roads, Maritime & Freight, the Hon. Duncan Gay MLC, and the Minister for Planning, the Hon. Rob Stokes MP, advising that Council supported the WestConnex project, however, is now against the proposed route under approximately 500 residences.

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MINUTES OF BURWOOD COUNCIL MEETINGS 28 SEPTEMBER 2015

3. Council calls on the Government to stick to the original route under Parramatta Road.

4. Council calls for a meeting with both Ministers in relation to the Urban Growth NSW plans for development in the Parramatta Road area. In particular, how will the project work now that the route is proposed under this area, and the impact on the residences and on the Wychbury and Alexandra Avenue Conservation Area.

5. Council formulate a submission against the existing route proposal and requests the Government to go back to the original route under Parramatta Road.

6. That Council forward a copy of the letter to the NSW State Premier, NSW State MP and Duty MLC.

(ITEM 92/15) NO. 19-25 EVERTON ROAD, STRATHFIELD - DEMOLITION OF EXISTING BUILDINGS AND CONSTRUCTION OF A NINE STOREY MIXED COMMERCIAL AND RESIDENTIAL DEVELOPMENT OVER BASEMENT CAR PARKING - DEVELOPMENT APPLICATION 71/2014

File No: 15/36622Applicant: Urban Link Pty LtdLocation: Northern side of Everton Road, between Mosely Street and

Wentworth Road, StrathfieldZoning: Mixed Use B4 – Burwood Local Environmental Plan 2012 (BLEP

2012)

Proposal

The application proposes to demolish the existing buildings on the site and erect a mixed commercial and residential development over basement car parking. The development consists of the following:

A three storey podium with commercial/retail uses along Everton Road and residential at the rear Cowdrey Lane frontage.

2 x six storey residential “towers” above the podium with residential units, separated by landscaped communal open space – total height of the development is nine storeys.

A total of 58 units – 20 x one bedroom, 36 x two bedroom and 2 x three bedroom. Three shop and 16 commercial premises are proposed within the Everton Road

podium. The two basement car parks accommodate 86 car spaces, storage area and bicycle

storage racks. Vehicle access and egress is from Cowdrey Lane.

136/15 RESOLVED (Carried Unanimously)

A. That DA 71/2014 to demolish existing buildings on the site, and construct a nine storey mixed commercial and residential development, with 58 residential units, 16 commercial suites, three shop premises over two basement car parking levels with 86 car spaces, be issued with a Deferred Commencement Consent as follows:

1. A Deferred Commencement Consent is granted, pursuant to Section 80(3) of the Environmental Planning and Assessment Act (EP&A Act) 1979, to Development Application 71/2014, subject to the following (Transport Sydney Trains) TST pre-conditions:

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MINUTES OF BURWOOD COUNCIL MEETINGS 28 SEPTEMBER 2015

The applicant shall prepare and provide to Sydney Trains for approval/certification of the following items:

a. Final geotechnical and structural report/drawings that meet the requirements of Sydney Trains. The geotechnical report must be based on actual borehole testing conducting on the site closest to the rail corridor.

b. Final construction methodology with construction details pertaining to structural support during excavation.

c. Final cross sectional drawings showing the rail corridor (including tacks and associate infrastructure), sub soil profile, proposed basement excavation and structural design of sub ground support adjacent to the rail corridor. All measurements are to be verified by a Registered Surveyor.

d. Detailed survey plan showing the relationship of then proposed development with respect to rail and land infrastructure.

e. If required by Sydney Trains, an FE analysis which assessed the different stages of loading-unloading of the site and its effect on the rock mass surrounding the rail corridor.

Any conditions issued as part of the approval/certificates from Sydney Trains of the above documents will also form part of the consent conditions that the applicant is required to comply with any such requirements.

2. The applicant is required to submit a copy of the approval/certification from Sydney Trains, with regard to the matters identified in item 1 (a) to (e) above.

3. The Deferred Commencement Consent will lapse 24 months from date of issue.

B. a. Upon compliance with the pre-conditions in part A, Council has received the required approval/certification, Council will issue in writing that it is satisfied with the compliance, the approval/development consent 71/2014 shall be operable and commences from the date of Council’s letter.

b. The development consent will lapse in five years from the date of Council’s written approval, that the pre-conditions have been satisfied, and the consent is operable.

C. The conditions of development consent 71/2014, that will apply, following compliance with items A and B above, are as follows:

1. The development being carried out in accordance with the amended plans and documentation submitted on 13 April 2015, except where amended by the conditions of consent.

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.

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MINUTES OF BURWOOD COUNCIL MEETINGS 28 SEPTEMBER 2015

2. Building and Construction Industry Long Service Corporation Levy $59,505.00(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 $27,400.00 (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. Connection and construction by the Applicant to Council’s the stormwater drainage works $11,550.00 (Payment to be made to Council as a bond).

5. 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 1% of the cost of carrying out the development, where the cost calculated and agreed by Council is $17,001,547.00

$170,015.47

Index Period June 2015 CPI1 108.3

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

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MINUTES OF BURWOOD COUNCIL MEETINGS 28 SEPTEMBER 2015

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 may only be paid by Bank Cheque (i.e. personal or company cheques will not be accepted). Contributions of $5,000 or less may be paid by cash, EFTPOS, cheque or credit card. Payments by credit card may be subject to a surcharge.

PLANNING

1. The development is to consist of the following:

A nine storey mixed commercial and residential development – two residential towers over a three storey podium.

A total FSR of 3:1. A maximum residential FSR of 2.3:1; and commercial FSR of 0.7:1.

Three retail ground level shop premises, 16 commercial suites and 58 residential units – 20 x one bedroom, 36 x two bedroom and 2 x three bedroom.

Six residential units are to be adaptable units. Two basement car parking levels with 86 car spaces – 59 residential

spaces, 12 visitor spaces, eight commercial spaces and six retail spaces. Six spaces are to be accessible spaces.

A minimum of 20 bicycle storage racks are to be provided.

2. The building heights are limited to AHD (RL) 47.850 for the building along Everton Road frontage, and AHD (RL) 48.50 for the building along Cowdrey Lane frontage.

3. The facades of the development are to have a variation in finishes and colour tones, as identified on the “Colour Scheme” drawing DA-5001, Issue C. (Note: also see Heritage conditions on colour tones.) Any changes to the proposed finishes would require approval from Council, prior to installation or application. All boundary walls are to have a face brick – low maintenance finish.

4. Car parking spaces Nos. 18 to 21 (basement level one) and Nos. 62 to 65 (basement level two) are to comply with Australian Standards, with regard to the minimum car space length.

5. One visitor car space on basement level one shall be fitted for a dual purpose, as a car wash bay. The space shall be line marked accordingly, and comply with Sydney Water requirements.

6. A separate application is to be made for the use of the commercial suites and retail purposes.

7. The weather awning over the pedestrian footpath along Everton Road shall comply with BDCP, Clause 3.2.20 Awnings and Associated Structures with regard to its dimensions (Clause 3.2.20.2), materials and colours (Clause 3.2.20.3), awning extensions (Clause 3.2.20.4).

8. All external signage shall comply with BDCP, Clause 5.6 Signage and Advertising.

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MINUTES OF BURWOOD COUNCIL MEETINGS 28 SEPTEMBER 2015

9. Any external seating for food premises on the public footpath shall be the subject of a separate Outdoor Dining Application.

10. Compliance with the Australian Standards for the design and layout of the adaptable units and accessible car parking spaces.

11. Safety and security night lighting being provided for the development with details being incorporated in the landscape plan.

12. a. All external balustrades are to have a minimum height of 1.2m measured from the balcony/terrace floor level. This height is to be complied with, notwithstanding the minimum 1m height identified under the Building Code of Australia.

b. All balcony balustrades shall be constructed of opaque or translucent materials, and not clear or lightly tinted glass. Balconies are to have a hob on their outer edges, to prevent water dripping along the external edge(s) of the balconies, and are to be adequately drained. The drainage piping are to be concealed.

13. The applicant is to consult with the Energy Authority to determine the need for an electricity substation prior to the issuing of a Constriction Certificate and, if a site is required, it being situated on the site adjacent to the street alignment, with the size and location of the area being in accordance with the requirements of this Council and Energy Australia, and the land required being dedicated without cost as a public roadway, to enable Energy Australia to establish the substation. The linen plan being submitted to Council for approval and issue of a Subdivision Certificate and being registered with the Land Titles Officer, prior to the issue of an Occupation Certificate.

14. Demolition or construction work including deliveries of materials, etc, which would result in footpaths and/or roads being blocked, shall not be carried out on Saturdays.

15. The applicant shall take all necessary precautions to adequately protect adjoining properties during demolition. This shall include the submission to Council of specific details of the protection to be employed prior to demolition commencing.

16. Prior to the issuing of an Occupation Certificate Council is to receive a payment of pro-rate fees for and receipt from Council of mobile garbage and recycling bins for the redevelopment.

17. Any telecommunication or TV antennae, etc on the roof are to be located away from the outer edges of the building.

18. All external services including air conditioning units, electrical or gas water heaters, meters, equipment, conduits, drainage and water pipes are to be located in recessed enclosures within the external walls, and are not to be visible from the public domain area or road. Details are to be provided in the Construction Certificate Plans.

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MINUTES OF BURWOOD COUNCIL MEETINGS 28 SEPTEMBER 2015

19. All windows and sliding doors are to be provided with key operated locks as a crime prevention measure and for the security of future residents.

20. Mail boxes for each unit shall be provided, suited and designed for attractive visual appearance and function. Where located externally to the building, mail boxes shall be positioned at right angles to the street boundary on either or both sides of the main access walkways. It is not permitted to located mail boxes so that they are accessible only from the footpath at the road frontage of the development.

21. Provision of pre-finished vertical sliding louvered solar protection/privacy screens to the balconies facing the northern and western boundaries. The louvres shall cover a minimum of 50% of the width of the balcony and be of a finish/material to ensure there is no excessive glare and reflection.

22. All works are to be located within the subject property boundaries.

23. All boundary fences shall be replaces as necessary, at the applicant’s cost.

24. Temporary safety fencing is to be provided along all boundaries at all times, to ensure the safety of public and adjoining residents.

25. The first floor “window” panels to the fire stair and commercial office suite No. 1, located on the western façade of the podium, shall be located within the site boundary and satisfy the requirements of the Building Code of Australia (BCA).

26. Security gates shall be provided to the ground level access, located on the eastern end of Everton Road. The gates are to be recess a minimum of 1m from the street boundary.

27. Site vision for entry/exit into either loading dock or car park from Cowdrey Lane shall be at a safe level.

28. The applicant shall provide two CCTV cameras to be placed in the front of the building covering Everton Road with the capability to be connected to Council’s command centre and that the General Manager be delegated to finalise these arrangements.

HERITAGE

1. The modulation of the Everton Road podium and ground level façade shall be as shown on the plans submitted.

2. The external finishes and colour tone to the podium shall reflect the existing darker colour tone of the masonry of the adjacent heritage item – Strathfield Hotel.

3. The external colour tones of the residential towers above the podium and vertical louvre blades, shall be lighter in tone and be a lighter neutral colour.

In respect of Heritage Conditions 1 to 3 Plans shall be amended prior to release of Construction Certificate for the development.

TRANSPORT – SYDNEY TRAINS

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MINUTES OF BURWOOD COUNCIL MEETINGS 28 SEPTEMBER 2015

1. If required by Sydney Trains, prior to the commencement of works and prior to the issue of the Occupation Certificate, a joint inspection of the rail infrastructure and property in the vicinity of the project is to be carried out by representatives from Sydney Trains and the Applicant. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The submission of a detailed dilapidation report will be required unless otherwise notified by Sydney Trains.

2. An acoustic assessment is to be submitted to Council prior to the issue of a Construction Certificate demonstrating how the proposed development will comply with the Department of Planning’s document titled “Development Near Rail Corridors and Busy Roads- Interim Guidelines”.

3. Prior to the issue of a Construction Certificate the Applicant is to engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents.  The Applicant must incorporate in the development all the measures recommended in the report to control that risk.  A copy of the report is to be provided to the Principle Certifying Authority with the application for a Construction Certificate.

4. If required by Sydney Trains, prior to the issue of a Construction Certificate a Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to Sydney Trains for review and comment on the impacts on rail corridor.  The Principle Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

5. Prior to the issuing of a Construction Certificate the Applicant is to submit to Sydney Trains a plan showing all craneage and other aerial operations for the development and must comply with all Sydney Trains requirements. The Principle Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

LANDSCAPE & TREE REMOVAL

1. The landscape plan by Vision Dynamics (drawing number 14050 DA 1, Revision B), received by Council on 24 November 2014 is supported subject to all proposed trees being planted from minimum container sizes of 45 litres volume, rather than the nominated 25 litres.

2. Tree removal and protection:-

a. The tree at the rear of 19 Everton Road may be removed.

b. Trees no. 7 and 8, identified in the Arboriculture Assessment Report prepared by TALC and received by Council on 24 November 2014, located at the rear of 17 Everton Road, may be removed.

c. Trees no. 1, 2, 3, 4, 5 and 6, identified in the Arboriculture Assessment Report prepared by TALC, located adjacent to the common boundary with the subject development site, which have lateral branches overhanging the development site, may be pruned (lateral branches only). Tree protection

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MINUTES OF BURWOOD COUNCIL MEETINGS 28 SEPTEMBER 2015

measures, as identified in the Arboriculture Assessment Report, for tree nos. 1 to 6 are to be implemented.

SUBDIVISION

1. A plan of consolidation to bring separate allotments into one allotment and submitted to Council for approval. The linen plan shall be registered by the Land Titles Office, prior to the issuing of an Occupation Certificate.

2. Submission of a separate application for strata subdivision of the development.

3. Submission of a Final Survey Plan of Subdivision to the Principal Certifying Authority in accordance with the requirements of the Land and Property Management Authority.

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 help 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 release of the Linen Plan of Subdivision and/or the issuing of an Occupation Certificate for the development.

5. All car spaces (with the exception of the visitor space) shall be designated to a lot in any strata plan. Car spaces shall not be designated as separate lots.

6. The visitor space shall be designated as common property, line marked and identified accordingly.

7. The OSD system including the OSD tank shall be designated on any future plan as common property.

BUILDING

1. Fire Resistance Levels of all structural members, including external and internal walls, spandrels, external and internal columns, lift shafts and stair shafts, ventilation, pipe and like shafts, floors and roofs shall comply with the requirements of Specification C1.1 of the Building Code of Australia. Details of the method of achieving this must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

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

3. 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

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MINUTES OF BURWOOD COUNCIL MEETINGS 28 SEPTEMBER 2015

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)

4. Engineering Design – Basement Excavation

The following engineering details or design documentation shall be submitted to the Principal Certifying Authority (Council or Accredited Certifier) prior to the issuing of a Construction Certificate:

a. Documentary evidence prepared by a suitably qualified professional Geotechnical Engineer that confirms the suitability of the site for the proposed excavation and building, as well as certifying the suitability and adequacy of the proposed design and construction of the building for the site.

b. A report shall be prepared by a professional engineer prior to the issuing of a Construction Certificate, detailing the proposed methods of excavation, shoring or pile construction including details of vibration emissions and detailing any possible damage which may occur to adjoining or nearby premises due to building and excavation works. Any practices or procedures specified in the Engineer’s Report in relation to the avoidance or minimisation of structural damage to nearby premises, are to be fully complied with and incorporated into the plans and specifications for the Construction Certificate.

A copy of the Engineer’s Report is to be submitted to Council, even if the Council is not the Principal Certifying Authority.

5. Roof water to be connected to the existing stormwater drainage system.

6. Roof water being discharged through approved drainage pipes to the street gutter. PVC sewer grade, earthenware or fibre reinforced concrete pipes may be used in the footpath to the kerb or stormwater line.

7. Means of egress complying with Section D of the Building Code of Australia. Details of the method of achieving this must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

8. The building being provided with both access and sanitary facilities for people with disabilities. The sanitary facilities are to be provided in accordance with F2.4 of the Building Code of Australia (BCA) and are to comply with the requirements of Clause 10 of AS 1428.1-2009.

Access is to be provided to and within the building so as to comply with all the requirements of Part D3 of the BCA and the relevant provisions of AS 1428.1-2009, in particular:-

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a. Access is to be provided from the allotment boundary at the point of entry from a road to the entrance floor.

b. Access is to be provided through the principal public entrance.

c. Suitable identification signs and/or symbols, as well as necessary directional signs, incorporating the symbol for access by disabled people, being provided to comply with Clause 14 of AS 1428.1-2009.

d. Attention is directed to Clause 7 of AS 1428.1-2009 in respect of the clear circulation space required to doorways.

e. Access is to be provided from any car parking space which is required to be provided by D3.5 of the BCA.

f. A car parking space required to be provided by D3.5 of the BCA, is to be identified, on the floor and behind the space, for use by disabled people and a series of signs are to be provided from the driveway entrance to indicate the location of the space.

g. Required stairways complying with the requirements of Clause 9 of AS 1428.1-2009.

h. The step at the front door being reduced to nil at the threshold by the provision of a short ramp (450 mm maximum length and 1:8 maximum gradient) to facilitate access for disabled people.

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

9. A Fire Safety Certificate (copies available from Council) is to be given to the Principal Certifying Authority prior to applying for an Occupation Certificate (Interim or Final) and thereafter once in every 12 month period an Annual Fire Safety Statement is to be given to Council. The certificate and statement attest to both the inspection of all essential fire safety measures by a suitably qualified person and to the regular maintenance of the fire safety measures. A copy of the Fire Safety Certificate and the Fire Safety Schedule are to be given to the Commissioner of Fire and Rescue NSW by the building owner and copies of these documents are to be prominently displayed in the building. Similarly copies of Annual Fire Safety Statements are also to be given to the Commissioner and displayed in the building.

(Vide Clause 153 & Division 3 of the Environmental Planning & Assessment Regulation 2000)

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

a. must be a standard flushing toilet, and

b. must be connected:i to a public sewer, orii to an approved chemical closet facility.

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

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

12. 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 seven 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.

13. No work being carried out other than between the hours of 7:00am – 5:30pm Monday to Fridays and 7:00am – 1:00pm on Saturdays, with no work at all being carried out on Sundays and Public Holidays.

14. 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.

15. 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)

16. 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

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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.

17. 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.

18. 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.

19. Framed panels or doors enclosing or partially enclosing a shower or bath shall be glazed with "A" or "B" grade safety glazing material in accordance with Australian Standard 1288, Table 4.5, SAA Glass Installation Code (Human Impact Considerations).

20. Safety glazing complying with B1.4 of the Building Code of Australia must be used in every glazed door or panel that is capable of being mistaken for a doorway or unimpeded path of travel. The glazing must comply with Australian Standard 1288 - Glass in Buildings - Selection and Installation.

Should an alternative method of complying with B1.4 of the Building Code of Australia be proposed, please submit details to the Council for approval prior to installation. Such details are to show compliance with the performance provisions under BP1.3 of the Building Code of Australia.

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. 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.

3. 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.

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

a. must preserve and protect the building from damage and

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

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manner and

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

The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this Clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. Allotment of land includes a public road and any other public place.

Asbestos Cement

1. A WorkCover licensed contractor must undertake removal of more than ten 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.

HEALTH

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Environmental Management

1. An Environmental Management Plan is to be submitted to Council for approval, prior to the commencement of any works, detailing the control and management methods to be implemented in addressing the following issues during the demolition, excavation and construction phases of the project:

Noise and vibration control Dust and odour suppression and control Stormwater control and discharge Erosion control Waste storage and recycling control Litter control Construction material storage Truck cleaning methods on site so as to prevent spread of soil and like

materials onto Council’s roadways

2. A car wash area / bay is to be provided and be graded and drained to a waste water disposal system in accordance with the requirements of Sydney Water.

3. Mechanical ventilation and or air conditioning systems and equipment are to be designed and installed in locations that do not cause any noise nuisance or disturbance to nearby residential or commercial premises. Details of the type of equipment locations and any noise attenuation treatment are to be submitted to Council for approval prior to the issue of the Construction Certificate.

4. The construction of windows / sliders, doors, external walls and roofs are to be comply with the recommendations listed in 4.0 of the Acoustic Report (Ref:2014-152 dated 23 April 2014) prepared by Acoustic Solutions in order to achieve the required noise reduction targets and levels as required by Clause 102 of the State Environmental Planning Policy–(Infrastructure) 2007 and NSW Department of Planning’s ‘Development near Rail Corridors and Busy Roads – Interim Guideline’.

5. Separate development application(s) are to be submitted for the fit out of any part of the premises as a commercial use.

Waste Management

1. The waste management for the development shall be carried out as specified in the Waste Management Plan submitted by the applicant dated 9 May 2014.

2. A waste cupboard or other storage area is to be provided within each dwelling which is of sufficient size to hold a single day’s waste and to enable source separation of general waste, recyclables and compostable materials.

3. A separate area is to be provided within the development (minimum 15 square metres) for the temporary storage of unwanted large bulky house hold items (clean up material) awaiting disposal either privately or through Councils clean up service.

4. An area is to be nominated on the site to provide the capability for onsite communal composting. The location and design are to be in accordance with the controls set out on in Councils DCP – 6.2 Waste Management and Appendix

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8.1.

5. Both residential and commercial garbage and recycling storage areas are to be:

a. Supplied with both hot and cold water

b. Paved with impervious floor materials

c. Coved at the intersection of the floor and the walls

d. Graded and drained to a floor waste which is connected to the sewer in accordance with the requirements of Sydney Water

e. Adequately ventilated (mechanically or naturally) so that odour emissions do not cause offensive odour as defined by the Protection of the Environment Operations Act 1997

f. Fitted with appropriate interventions to meet fire safety standards in accordance with the Building Code of Australia

g. Suitable signage is to be installed in each waste service room encouraging the separation of recyclables from the general waste stream

6. A separate area shall be nominated within the development for the storage of the commercial / retail waste and recycling bins.

7. Certification is to be provided by the installer of the chute system prior to the occupation of the building certifying that the chute has been installed in accordance with the manufacturer’s specification.

8. The garbage chute room at each level is to be of sufficient size to accommodate sufficient mobile bins (MGB’S) / crates to store recyclable material generated over the entire period between collection days.

9. Manufactures details and specifications for the installation, fire suppression and health and odour control measures for the garbage chute are to be submitted to Council for approval prior to the issue of the Construction Certificate.

10. Suitable signage is to be installed in each level of the chute waste service rooms encouraging the separation of recyclables from the general waste stream.

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

12. All waste collections are to be carried out from within the building (not from the kerb side). The caretaker is to wheel the waste and recycling bins to the nominated bin holding area for collection.

13. The applicant shall provide to Council a legally drafted agreement at their own expense in the form approved by Council which gives right of access and absolves Council and / or any of its waste collection contractors from any damage or injury that may arise from the onsite collection of waste and recyclables.

14. The vehicular access to the basement waste storage area is to be designed to

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allow for access including forward driving and reversing into the collection bay by a fully laden waste and / or recycle collection vehicle.

15. The building access road and loading dock is to be designed to enable a fully laden waste collection vehicle to be able to access the site and carry out collections within the building.

16. Residential and commercial waste and recycling collections are to be carried out in a manner and at times which do not cause a noise nuisance to the immediate or nearby residents.

Note; Council reserves the right to issue a direction under the Protection of the Environment Operations Act to address any noise or other nuisance complaints.

17. Waste and recycling bins shall be kept clean and hygienic condition. Bins are to be washed regularly within the garbage storage room with any waste water being discharged to the sewer by way of a grated drain.

18. Prior to the issue of the Construction Certificate, the applicant is to arrange with Council’s Environment and Health Section the issue of the appropriate number of garbage and recycling bins and payment of the necessary fees to enable commencement of the waste and recycling service.

ENGINEERING

1. Stormwater runoff from all roof and paved surfaces shall be collected and discharged by means of a gravity pipe system to Council's drainage system located in Everton Road.

2. 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.

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

i a catchment planii plans showing proposed and existing floor, ground and pavement levels to

Australian Height Datum (AHD)

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

iv details and dimensions of pits and drainage structuresv hydrologic and hydraulic calculationsvi details of any services near to or affected by any proposed drainage linevii any calculations necessary to demonstrate the functioning of any proposed

drainage facility is in accordance with Council's requirementsviii 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.

4. 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.

5. The following matters shall apply to the stormwater drainage works listed in the table of Fees.

a. The stormwater drainage works for stormwater connection to Council’s drainage system consists of construction of a pit and lintel on Everton Road, and a Ø375mm pipe line to the nearest Council pit.

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.

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6. 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.

7. 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.

8. 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 systemii 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

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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.

9. 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.

10. All activities and works external to the site, or that affect public roads, are to be

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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.

11. 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).

12. 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.

13. 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.

14. 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.

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

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

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

17. All demolition and excavation materials are to be removed from the site or disposed off site using methods that comply with relevant environmental protection legislation.

18. Vehicles removing demolished materials from the site shall access and depart from the site through Cooper Lane/Mosely Street and Parramatta Road. Vehicles involved in removing materials from the site shall be limited to an 8 tonne gross weight per axle.

19. a. The discharge control pit of the OSD system shall be designed to control outflow for all storm events 2, 10 and 100 years ARI. Detailed calculations shall be provided for variable orifices (at different levels) diameter including the emergency spillway weir.

b. A long section and cross section of the proposed Ø375mm RCP along Everton Road shall be provided.

Note: Revised plans shall be submitted for Council’s review prior to issuing of Construction Certificate.

EXCAVATION, BULK EARTH WORKS & SHORING

1. All excavations and backfilling associated with the erection or demolition of a building shall be carried out in a safe and careful manner and in accordance with appropriate professional standards. All necessary piling, planking and strutting shall be of sufficient strength to retain the sides of excavations.

A Compliance Certificate verifying the suitability of Structural details of proposed piling, shoring etc. are to be submitted to the Principal Certifying Authority before commencement of excavation.

2. 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.

3. 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.

4. If an excavation associated with the erection or demolition of a building extends below any level of the base of the footings of a building or other structure on an adjoining allotment of land, the person causing the excavation to be made:

a. must preserve and protect the building or other structure from damage and rectify any damage caused by any such excavation, and

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

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c. must, at least seven days before excavation below the level of the base of the footings of a building or other structure 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 that owner.

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, private buildings and any other public place.

5. If the work involved in the erection or demolition of a building:

a. is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or

b. involves the enclosure of a public place,

a hoarding or fence must be erected between the work site and the public place.

If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

Any such hoarding, fence or awning is to be removed when the work has been completed.

6. 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 Schedule of Fees and Charges.

7. 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.

8. Public roads to be kept clean and free of any material which may fall from vehicles or plant. Waste containers shall be placed in accordance with Council's Works on Council’s Road Reserves Assets Policy and are subject to the payment of appropriate fees.

9. Heavy vehicles entering and leaving the site must only cross the footpath where it is adequately timbered and strapped. Pedestrian access across this footpath must be maintained in good order at all times during the excavation work.

10. The contractor shall strictly implement all erosion and sediment control measures prior to the commencement of excavation. Such measures shall be inspected at site by a competent practicing hydraulic/civil engineer and the PCA shall be provided with a compliance certificate in regards to that.

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11. The Applicant shall prepare detailed survey reports of all existing service authority assets in and around the site of the proposed development that may be affected in any way by the proposed excavation. Surveys should include, but not be limited to, high and low voltage electricity, water, stormwater, sewer, gas, telecommunications, street lighting and drainage assets, etc.

12. The Applicant shall liaise with all relevant service authorities (including, but not limited to electricity, water, stormwater, sewer, gas, telecommunications, street lighting and drainage) to develop final designs that satisfy all requirements of the service authority providers in respect of protection, termination or relocation of existing assets, temporary access and future permanent access for maintenance of assets.

13. The Applicant shall prepare detailed method statements to demonstrate how the proposed excavation is to be conducted such that all relevant utility authority assets are protected and maintained throughout the construction stage of the development, or are relocated. Method statements are to be submitted to the relevant utility authorities for their written approval.

14. Your attention is directed to the following:

Warning

Building plans which form part of a Construction Certificate, and are suitably endorsed, must be submitted to a Sydney Water, Quick Check agent or Customer Centre before the commencement of work.

For Quick Check agent details refer to the website www.sydneywater.com.au, see “Your Business” then ‘Building & Developing’ then ‘Building and Renovating’, or telephone 13 20 92.

The applicant will need to provide the following information:

a. The address of the property including House, Lot and Deposited Plan number.

b. The name and address of the owner and the builder.

c. The type of building, type of construction and the estimated cost.

The approved plans and application will be checked to determine whether the proposed works meets with the requirements of Sydney Water concerning:

a. Location of sanitary fixtures;

b. Relationship of the building to water-mains, sewers and stormwater drains and/or easements; and if further requirements need to be met.

Plans will be appropriately stamped.

15. Should the applicant require the use of temporary ground anchors to shore the bulk excavation, submissions for the installation of the temporary ground anchors shall be required by Council to provide additional engineering conditions.

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TRAFFIC

1. The applicant needs to be demonstrated through a swept path analysis that two vehicles can pass when turning at the bottom of the vehicle access ramp into the basement car parking area, in accordance with AS2890.1.

2. A clear sight line triangle 2.5 metres by 2.0 metres, in accordance with AS2890.1, is to be provided at the exit of the car park and loading dock to Cowdery Lane, to ensure adequate visibility between vehicles leaving the site and pedestrians.

3. The accessible parking space at space #27 does not provide a shared area in accordance with AS2890.6.

4. All owners, tenants and occupiers of this building are not eligible to participate in any existing or proposed Council on-street resident parking schemes.

5. Signs reading ‘all owners, tenants and occupiers of this building are advised that they are not eligible to obtain an on-street resident parking permit from Council’ must be permanently displayed and located in prominent places such as at display apartments and on all directory boards or notice boards, where they can easily be observed and read by people entering the building. The signs must be erected prior to an Occupation Certificate being issued and must be maintained in good order at all times by the Owners Corporation.

6. A minimum of 84 off-street car parking spaces must be provided on-site. The design, layout, signage, line marking, lighting and physical controls of all off-street parking facilities must comply with the minimum requirements of Australian Standard AS/NZS 2890.1 - 2004 Parking facilities Part 1: Off-street car parking and Council’s Development Control Plan.

7. The approved parking spaces must be allocated as detailed below. All spaces must be appropriately line-marked and labelled according to this requirement prior to the issue of an Occupation Certificate or the use commencing, whichever is earlier. If the development is to be strata subdivided, the car park layout must respect the required allocation:

a. 59 residential parking spaces.

b. 12 visitor parking spaces.

c. 8 commercial parking spaces.

d. 6 retail parking spaces.

8. Courier spaces and loading docks must be located close to the service entrance and away from other parking areas, as detailed below:

a. A minimum of 1 Small Rigid Vehicle loading dock(s)

9. Adequate space must be provided to allow manoeuvring and turning of the different sized vehicles. The design, layout, signage, line marking, lighting and physical controls for all service vehicles must comply with the minimum requirements of 'Australian Standard AS 2890.2 – 2002 Off-Street Parking Part 2: Commercial vehicle facilities'. Details must be submitted to and approved by

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the Certifying Authority prior to a Construction Certificate being issued.

10. No part of the common property, apart from the visitor vehicle spaces which are to be used only by visitors to the building, and service vehicle spaces which are to be used only by service vehicles, is to be used for the parking or storage of vehicles or trailers. The strata subdivision of the building is to include an appropriate documentary restriction pursuant to Section 88B of the Conveyancing Act 1919, so burdening common property, with the Council being the authority to release, vary or modify the restriction.

11. Visitor parking spaces must not at any time be allocated, sold or leased to an individual owner/occupier and must be strictly retained as common property by the Owners Corporation for use by building visitors.

12. All visitor parking spaces must be grouped together, and located at the most convenient location to the car parking entrance. All spaces must be clearly marked ‘visitor’ prior to the issue of an Occupation Certificate. All signs must be maintained in good order at all times.

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

14. Of the required car parking spaces, at least 7 must be designed and provided for accessible car parking for people with mobility impairment in accordance with Australian Standard AS/NZS 2890.1 - 2004 Parking facilities Part 1: Off-street car parking. Accessible car parking spaces must have a minimum headroom of 2.5m and must be clearly marked and appropriately located as accessible parking for people with mobility impairment.

15. Where a car park is serviced by lifts, accessible spaces for people with mobility impairment are to be located close to lifts. Where a car park is not serviced by lifts, accessible spaces for people with mobility impairment are to be located at ground level, or accessible to ground level by a continually accessible path of travel, preferably under cover.

16. The layout, design and security of bicycle facilities either on-street or off-street must comply with the minimum requirements of Australian Standard AS 2890.3 – 1993 Parking Facilities Part 3: Bicycle Parking Facilities.

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

18. The following signs must be provided and maintained within the site at the point(s) of vehicle egress:

a. Compelling drivers to stop before proceeding onto the public way

b. Compelling drivers to "Give Way to Pedestrians" before crossing the footway; or compelling drivers to "Give Way to Pedestrians and Bicycles" before crossing a footway on an existing or identified shared path route.

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19. The access driveway for the site must not be closer than:

a. 10 metres from the kerb line of the nearest cross street/lane.

b. 20 metres from the kerb line of the nearest signalised cross street/lane.

c. 1 metre from the property boundary of the adjacent site.

d. 2 metres from any other driveway.

20. All loading and unloading operations associated with servicing the site must be carried out within the confines of the site, at all times and must not obstruct other properties/units or the public way.

21. At all times the service vehicle docks, car parking spaces and access driveways must be kept clear of goods and must not be used for storage purposes, including garbage storage.

22. The size of vehicles servicing the property must be a maximum length of 6.4 metres.

23. All costs associated with the construction of any new road works including kerb and gutter, road pavement, drainage system and footway shall be borne by the developer. The new road works must be designed and constructed in accordance with any relevant Australian Standards, Austroads Guides and RMS Technical Directions.

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

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

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

i) Dedicated construction site entrances and exits, controlled by a certified traffic controller, to safely manage pedestrians and construction related vehicles in the frontage roadways

ii) Turning areas within the site for construction and spoil removal vehicles, allowing a forward egress for all construction vehicles on the site

iii) The proposed locations of work zones where it is not possible for loading/unloading to occur on the site in the frontage roadways (which will require separate approval by Council)

iv) Location of any proposed crane and concrete pump and truck standing areas on and off the site (which will require separate approval by Council)

v) A dedicated unloading and loading point within the site for all construction vehicles, plant and deliveries

vi) Details of vertical and horizontal material handling and deliveriesvii) Any on-site parking area for employees, tradespersons and construction

vehicles where possibleviii) Traffic routes to and from the site from the closest atrial road in all

directions

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MINUTES OF BURWOOD COUNCIL MEETINGS 28 SEPTEMBER 2015

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

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

i) Work zoneii) Temporary closure of roadway/footpathiii) Mobile crane or any standing plantiv) Scaffolding/Hoardings (fencing on public land)v) Road works including vehicle crossing/kerb & guttering, footpath and

stormwater provisions etcvi) Installation or replacement of private stormwater drain, utility service or

water supply

D. That those who made a submission and the head petitioner be advised of Council’s determination.

(Moved Councillor Justin Taunton/Seconded Councillor Tony Doueihi)

Councillors Justin Taunton and Tony Doueihi 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 DoueihiCouncillor DeansTotal (6) Total (0)

GENERAL BUSINESS

PROCEDURAL MOTION137/15 RESOLVED (Carried Unanimously)

That Item 94/15 - 17 Macgregor Street, Croydon – Alterations and First Floor Addition to Existing Semi-detached dwelling, New attached garage, Swimming Pool and Front fence be dealt with next on the Agenda.

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

COUNCILLOR JOHN FAKER LEFT THE MEETING AT 6:31PM AS HE DECLARED A PECUNIARY INTEREST ON ITEM 94/15 17 MACGREGOR STREET, CROYDON – ALTERATIONS AND FIRST ADDITION TO EXISTING SEMI-DETACHED DWELLING, NEW ATTACHED GARAGE, SWIMMING POOL AND FRONT FENCE

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DEPUTY MAYOR GEORGE MANNAH TOOK THE CHAIR

(ITEM 94/15) 17 MACGREGOR STREET, CROYDON - ALTERATIONS AND FIRST FLOOR ADDITION TO EXISTING SEMI-DETACHED DWELLING, NEW ATTACHED GARAGE, SWIMMING POOL AND FRONT FENCE

File No: 15/38142Applicant: Brad Inwood ArchitectsLocation: Northern side of Macgregor Street, Croydon between Young Street

and Wright StreetZoning: R2 Low Density Residential pursuant to the provisions of

Burwood Local Environmental Plan (BLEP) 2012

Proposal

The proposal is for alterations and a first floor addition to the existing semi-detached dwelling, new attached garage, swimming pool and front fence. The plans submitted indicate that the existing common wall with the adjoining semi-detached dwelling will be retained, along with the walls of the front room which will be converted to the new attached garage.

The ground floor of the dwelling will consist of an attached garage, dining and living room, study, gallery, kitchen, bathroom, laundry and front entry porch. The first floor of the dwelling will contain three bedrooms, theatre room, bathroom and ensuite.

A new in-ground swimming pool will be located in the backyard of the property, with the pool pump motor and associated equipment housed in a soundproof enclosure.

The existing low height brick front fence will be adjusted to suit the new driveway location.

138/15 RESOLVED (Carried)

1. That Development Application No. 62/2015 which proposes alterations and a first floor addition to the existing semi-detached dwelling, new attached garage, swimming pool and front fence at No. 17 Macgregor Street, Croydon be approved subject to the following conditions:

(1) The development being carried out in accordance with the Architectural Plans and Statement of Environmental Effects submitted on 20/07/2015, Stormwater Drainage Plan, Site Analysis, Colours and Materials, Proposed Structural Works Letter, Cost Guide Letter, Construction and Site Management, Erosion and Sedimentation and Landscape Document and Waste Management Plan submitted on 30/04/2015 and BASIX Certificate No. 611039S_02 issued on 11/07/2015, except where amended by the conditions of consent.

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.

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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 $1,400.00(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 $6,000.00 (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) If Council is nominated as the Principal Certifying Authority (PCA) an inspection fee is to be paid.

This fee is for ten (10) inspections at the rate listed in Council’s current Schedule of Fees and Charges. Any additional inspections, including re-inspections, shall be levied and paid to Council upon booking of an appointment at the rate listed in Council’s current Schedule of Fees and Charges(Payment to be made to Council).

(5) 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 $400,000.00

$1,000.00

Index Period June 2015 CPI1 108.3

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

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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) The building is to be used as a single dwelling only and not for any other residential, retail, business or commercial purpose.

(2) No approval is granted to the construction of a water slide at the property. Details of the method of complying with this requirement must be noted on the plans prior to the issuing of a Construction Certificate.

(3) The rear ground floor deck and rear first floor balcony on the northern elevation of the dwelling are to be deleted so that the development complies with Provision 2 (Built Area) of Section 4.5.3.8 (Floor Space Ratio and Built Area) in Burwood Development Control Plan (BDCP). Details of the method of complying with this requirement must be noted on the plans prior to the issuing of a Construction Certificate.

(4) A fixed privacy screen is to be provided to the first floor bedroom and ensuite windows along the rear northern elevation of the dwelling, as indicated on the Elevation Plan submitted on 20/07/2015. Details of the method of complying with this requirement must be noted on the plans prior to the issuing of a Construction Certificate.

(5) A fixed louvre screen is to be provided to the first floor stairway window along the eastern side elevation of the dwelling, as indicated on the Elevation Plan submitted on 20/07/2015. Details of the method of complying with this requirement must be noted on the plans prior to the issuing of a Construction Certificate.

(6) Translucent or opaque glazing must be provided to all new bathroom, ensuite, water closet and stairway windows of the dwelling in accordance with Provision 3 of Section 4.5.3.4 (Privacy) in BDCP. Details of the method of complying with this requirement must be noted on the plans prior to the issuing of a Construction Certificate.

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

(8) 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.

(9) A Registered Surveyor's Certificate being submitted to the Principal Certifying Authority, prior to the issue of an Occupation Certificate, as follows:

a. Before pouring of ground floor concrete slab to indicate the height of the finished floor level and to show boundary clearances; and

b. On completion of the building including the swimming pool to indicate the heights of the finished floor level and roof ridge level and to show boundary clearances and areas of the site occupied by the building.

(10) All demolition, construction and delivery vehicles/trucks associated with the development site must use Macgregor Street only and not Murphys Lane at any time. This includes the loading and unloading of materials, products, waste and the like.

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 building being known as No. 17 Macgregor Street, Croydon and this number (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 front of the property, the pole is to be painted with a colour that blends with the surrounding area to the satisfaction of Council.

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

(5) 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.

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

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

(8) 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.

(9) The Structural Engineer is to provide a Certificate which certifies that the existing dwelling is structurally capable of supporting the superimposed loads of the addition, to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

(10) The dwelling 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 3786-2014 are to be installed at or near the ceiling in:-

a. any storey containing bedrooms –

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

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 3660.1-2014 “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

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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 3660.1-2014. 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) Windows are to have frames that are a minimum width of 45mm (i.e. similar to commercial style aluminium framed windows).

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

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

(17) 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.

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

(19) 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

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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.

(20) 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.

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

(22) 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.

(23) 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.

(24) 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

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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.

(25) 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.

(26) 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 Schedule of Fees and Charges.

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

(28) 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.

(29) 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.

(30) 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)

(31) 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;

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Prior to covering waterproofing in any wet areas;

Prior to covering any stormwater drainage connections; and

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

SWIMMING POOLS

The excavation prior to the placement of a fibreglass pool;

Reinforcement and preliminary works prior to pouring of concrete; and

Swimming pool fencing prior to filling the pool with water.

(32) 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.

(33) 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 everyday – 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 everyday. 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.

(34) 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.

(35) 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.

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

(37) 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.

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(38) An external wall of a Class 1 building, and any openings in that wall, must comply with Part 3.7.1.5 of the Building Code of Australia if the wall is less than 900mm from an allotment boundary other than the boundary adjoining a road alignment or other public space. 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.

(39) The applicant/demolisher/builder shall take all necessary precautions to adequately protect the adjoining semi-detached dwelling (No. 19 Macgregor Street, Croydon) including the sealing and weatherproofing of the common masonry wall (where necessary), in accordance with Part 3.3.4 of the Building Code of Australia and the fixing and flashing of roof tiling (where necessary), in accordance with Part 3.5.1.2 of the Building Code of Australia.

SWIMMING POOL

(1) The pool water being discharged to the sewers of Sydney Water and in accordance with any regulations of Sydney Water.

(2) Adequate measures being taken to prevent the access of surface waters to the pool.

(3) The area surrounding the pool being so treated and/or drained so as to prevent the flow of any waters to the detriment or inconvenience of the occupiers of the adjoining premises.

(4) Filtration and chemical treatment of the water being maintained to provide an approved standard for bathing or swimming purposes.

(5) No external lighting or flood-lighting being installed without the Council's prior approval.

(6) No water heating equipment being installed without Council's prior approval.

(7) No piped music or sound equipment being installed without Council's prior approval.

(8) Filter pumps and motors on all private swimming pools are to be insulated and housed in a soundproof enclosure to the Principal Certifying Authority's satisfaction. The filter motor is to be located so as to reduce the possibility of noise nuisance to adjoining or nearby residences. The location shall be discussed with Council's Special Projects Officer prior to excavation and/or positioning of the swimming pool.

(9) All filtration and other equipment being operated in such a manner and at such times as not to cause a noise nuisance.

(10) When the swimming pool construction has reached a stage where the pool is capable of holding water, the pool area shall be fenced in conformity with the Swimming Pools Act 1992, the Building Code of Australia and Australian Standard AS 1926.1-2012 - Swimming Pool Safety. Such fencing shall separate the pool from the dwelling and any adjoining premises or public place. The pool shall not be filled with water pending inspection and approval by the Principal Certifying Authority.

(11) No structure apart from those wholly ancillary to the swimming pool, such as pool filtration equipment, diving boards or ladders are to be contained in the swimming pool area.

(12) Any hole, ditch, pit or gutter formed by the excavation shall be made safe by the

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erection of a temporary safety fence.

(13) The swimming pool and its associated equipment and all safety barriers shall be maintained in good order and condition at all times.

(14) To avoid excessive build-up of hydrostatic pressure, an approved pressure relief valve or other suitable device or treatment shall be provided to the pool. Details of the method of satisfying this requirement must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.

(15) A warning notice (incorporating resuscitation techniques) complying with the requirements of Section 17(1) and Regulation 10 and 11 of the Swimming Pools Act 1992, shall be provided and maintained in a prominent position in the immediate vicinity of the pool prior to the issuing of an Occupation Certificate. The required notice is available for purchase from Council.

(16) The depth of the pool shall be prominently indicated at the deep and shallow ends by permanently fixed markers above the water line or, in the case of above-ground pools, on the outside of the pool.

(17) Your attention is drawn to the Department of Fair Trading Fact Sheet, “Spa pools – Safety guide to help avoid entrapment on suction outlets” dated March 2010. To minimise the risk of injury, a copy of this fact sheet is available from the NSW Fair Trading website www.fairtrading.nsw.gov.au

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 on site 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 the adjoining semi-detached dwelling at No. 19 Macgregor Street, Croydon and the survey is to be submitted to Council and the adjoining land owners prior to the commencement of any demolition works. A

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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.

(8) The applicant/demolisher/builder shall take all necessary precautions to adequately protect adjoining properties during demolition. This shall include the submission to the Principal Certifying Authority of specific details of the protection to be employed prior to demolition commencing.

(9) The applicant/demolisher/builder shall take all necessary precautions to adequately protect the adjoining semi-detached dwelling (No. 19 Macgregor Street, Croydon) including the sealing and weatherproofing of the common masonry wall (where necessary), in accordance with Part 3.3.4 of the Building Code of Australia and the fixing and flashing of roof tiling (where necessary), in accordance with Part 3.5.1.2 of the Building Code of Australia.

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 after hours contact telephone number)

and WorkCover licence number of the asbestos removal contractor.

Work is not to commence prior to the nominated date.

ENGINEERING

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(1) 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.

(2) 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).

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) Vehicles removing demolished materials from the site shall access and depart from the site through Wright Street, Lang Street and Parramatta Road. Vehicles involved in removing materials from the site shall be limited to an 8 tonne gross weight per axle.

(8) Drainage connection to the laneway must be provided by a suitable outlet converter.

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

(Moved Councillor Tony Doueihi/Seconded Councillor Sally Deans)

Councillors Tony Doueihi and Sally Deans called for a DIVISION.

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

FOR AGAINSTCouncillor Deans Councillor Furneaux-CookCouncillor MannahCouncillor TauntonCouncillor DoueihiTotal (4) Total (1)

Councillor John Faker returned to the meeting at 7:05pm

MATTER OF URGENCY139/15 RESOLVED (Carried Unanimously)

That Council Officers investigate the design principals for developments for semi-detached dwellings in the Burwood DCP.

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

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

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

FOR AGAINSTCouncillor DeansCouncillor MannahCouncillor TauntonCouncillor DoueihiCouncillor Furneaux-CookCouncillor FakerTotal (6) Total (0)

COUNCILLOR TONY DOUEIHI LEFT THE MEETING AT 7:10PM

COUNCILLOR TONY DOUEIHI RETURNED TO THE MEETING AT 7:11PM

(ITEM 93/15) NO. 12 BRIGHTON STREET, CROYDON - DEMOLITION OF EXISTING DWELLING AND CONSTRUCTION OF A TWO-STOREY DUPLEX FROM A DUAL OCCUPANCY - DEVELOPMENT APPLICATION 40/2015

File No: 15/36123Applicant: Mr L & Mrs V AntounLocation: Eastern side of Brighton Street, between Liverpool Road and Arthur

Street, CroydonZoning: R3 Medium Density Residential – Burwood Local Environmental

Plan 2012 (BLEP 2012)

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Proposal

The application proposes to demolish the existing single storey dwelling and construct 2 x two storey duplex dual occupancy, with car parking from Brighton Street, Croydon.

140/15 RESOLVED (Carried)That Council approve the Development Application 40/2015 and authorise the General Manager to determine appropriate conditions of consent.

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

Councillors Tony Doueihi and George Mannah called for a DIVISION.

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

FOR AGAINSTCouncillor Faker Councillor Furneaux-CookCouncillor Mannah Councillor DeansCouncillor Doueihi Councillor TauntonCouncillor Faker (Casting Vote)Total (4) Total (3)

(ITEM 95/15) INVESTIGATE PLANNING CONTROLS FOR BYER STREET AND NOS. 12A, 14, 16 AND 18 PLYMOUTH STREET, ENFIELD

File No: 15/37606Summary

At its Extraordinary Meeting on 15 May 2012, Council endorsed the then draft Burwood Local Environmental Plan (BLEP) for finalisation, and also resolved to conduct a resident survey for Nos. 2–44, 7–37 Byer Street and 12A, 14, 16 and 18 Plymouth Street Enfield to investigate a potential density increase. Following the survey, consultants were engaged to undertake the urban design, traffic and development feasibility analyses. Three options are discussed in this report. It is recommended that no change be made to the existing planning controls.

141/15 RESOLVED (Carried)

1. That Council note the contents of this report.

2. That Council proceed to a consultation first with the intent to prepare a Planning Proposal to change the maximum FSR and maximum building height standards for the western side, 7-37 Byer Street and 12A, 14, 16 and 18 Plymouth Street, Enfield as per option 3 with four levels and FSR between 1.5:1 to 2:1 subject to expert advice.

3. Council Officers include a road widening on the western side of Byer Street.

4. That land owners in the subject area be advised of the Council resolution.

5. That Council Officers remove the on street parking directly in front of 3A Byer Street, Enfield.

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MINUTES OF BURWOOD COUNCIL MEETINGS 28 SEPTEMBER 2015

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

Councillors Tony Doueihi and George Mannah called for a DIVISION.

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

FOR AGAINSTCouncillor Deans Councillor Furneaux-CookCouncillor FakerCouncillor MannahCouncillor TauntonCouncillor DoueihiTotal (5) Total (1)

(ITEM MM17/15) MAXIMUM HEIGHT OF A DWELLING HOUSE IN A R2 LOW DENSITY RESIDENT ZONE

File No: 15/41274Summary

The current control for the maximum height of a dwelling house in a R2 Low Density Residential zone, pursuant to the Burwood Local Environmental Plan 2012 (BLEP 2012), is 8.2m. I have been concerned with the difficulty being faced by residents who want to erect a first floor addition, or build a new two storey dwelling in complying with the requirement because of raised existing floor levels and ceiling heights, as well as circumstances where floor levels have to be raised to comply with flooding requirements.

I believe that by raising the height to 8.5m will allow more flexibility for residents with their design without creating significant amenity issues for surrounding residents because of additional overshadowing.

As this control is contained in the BLEP 2012, such a change will require an alteration to the height map of the BLEP 2012 for the R2 zone and will apply to all development within the R2 zone. This will necessitate a Planning Proposal being prepared to go through to the gateway process.

142/15 RESOLVED (Carried)

1. (a) That Council endorse the maximum height of 8.5m in all Low Density Residential zone and the preparation of a Planning Proposal. Thus the maximum height of any building can be 8.5m.

(b) That Council investigate amending its Policy to allow side by side construction of duplex sites, i.e. like a two level home, but divided in two.

2. That Council submit the Planning Proposal to NSW Planning & Environment for a Gateway Determination.

3. That subject to the Gateway Determination, the Planning Proposal be publicly exhibited and consultation with any relevant public authority be undertaken.

4. That the results of the public exhibition and consultation be reported back to Council.

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Councillors John Faker and Lesley Furneaux-Cook called for a DIVISION.

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

FOR AGAINSTCouncillor Faker Councillor Furneaux-CookCouncillor Mannah Councillor TauntonCouncillor DoueihiCouncillor DeansTotal (4) Total (2)

PROCEDURAL MOTION143/15 RESOLVED (Carried Unanimously)

That Item 100/15 Adoption of Audited Financial Reports for the year ended 30 June 2015 be dealt with next on the agenda.

(Moved Councillor Justin Taunton/Seconded Councillor Tony Doueihi)

(ITEM 100/15) ADOPTION OF AUDITED FINANCIAL REPORTS FOR THE YEAR ENDED 30 JUNE 2015

File No: 15/37908Summary

In accordance with Section 418 (1)(a) of the Local Government Act 1993 (LGA), Council must fix a date for the meeting at which it proposes to present its Audited Financial Report, together with the Auditor’s Report. The presentation of this Report to this Council Meeting fulfils this requirement.

In all material respects, the financial statements are presented fairly in accordance with Australian Accounting Standards and other mandatory professional reporting requirements and statutory requirements so as to present a view which is consistent with Council’s understanding of the financial position, the operating result and cash flows.

144/15 RESOLVED (Carried Unanimously)

1. That in accordance with Section 413(2)(c) of the Local Government Act 1993 and Clause 215 of the Local Government (General) Regulation 2005, Council make the following declaration:

a. That Council’s Financial Reports have been drawn up in accordance with the Local Government Act 1993 and associated Regulations; the Statement of Accounting Concept; the Local Government Code of Accounting Practice and Financial Reporting update no.23; and the Australian Accounting Standards.

b. The Audited financial reports present fairly the Council’s financial position and performance for the year.

c. These reports accord with Council’s accounting and other records.

2. That Council note that the 2014-15 Audited Financial Reports and Auditor’s Report have been forwarded to the Office of Local Government.

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(Moved Councillor Justin Taunton/Seconded Councillor Tony Doueihi)

(ITEM 96/15) COUNCILLORS' EXPENSES AND FACILITIES POLICY - RESULTS OF PUBLIC EXHIBITION

File No: 15/18595Summary

Council resolved at its Meeting of 27 July 2015 to place the Draft Councillors’ Expenses and Facilities Policy on public exhibition for a period of 28 days. No comments or objections were received within the exhibition period. It is now recommended that the draft policy be adopted and submitted to the Office of Local Government (DLG) by 30 November 2015.

145/15 RESOLVED (Carried Unanimously)1. That Council adopt the draft Councillors’ Expenses and Facilities Policy.

2. That a copy of the adopted policy be submitted to the Office of Local Government with advice that no public submissions were received during the statutory advertising period.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Tony Doueihi)COUNCILLOR SALLY DEANS LEFT THE MEETING AT 8:09PM

(ITEM 97/15) FEES AND CHARGES 2015/2016 - PROPOSED FEE FOR THE HIRE OF THE FITZROY CENTRE COMMERCIAL KITCHEN AND EXTENSION OF BLOCK RATES AT COMMUNITY HUB MEETING ROOMS

File No: 15/38297Summary

This report recommends that Council adopt a fee for the hire of the Fitzroy Centre’s commercial kitchen as well as an extension of the block rates at the Community Hub rooms. It also recommends that the proposed fees and charges be placed on public exhibition for 28 days, and for Council to amend its Schedule of Fees and Charges accordingly.

146/15 RESOLVED (Carried Unanimously)1. That Council adopt the following fees and charges for the hire of the Fitzroy Centre

commercial kitchen:

Hire Rate Category ACommercial

Category BNon- Profit

Organisation

Category CSeniors or Community

GroupMonday to Sunday HourlyKitchen only

$50 $30 $20

Monday to Sunday Flat RateCommercial Kitchen hired with the Fitzroy Centre

$50 $50 $50

Fitzroy Centre BondCommercial Kitchen Bond $300 $300 $300

2. That Council adopt an extension of the block rate for the Community Hub meeting rooms as follows:

Community Hub – Commercial Hire Charge – Block Rate Monday - SundayAuditorium $700Carpenter Room $370

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Ralston and Sheppard Room $230Cooper Room $180

3. That proposed fees and charges be placed on public exhibition for 28 days and results reported back to Council.

4. That local non-profit organisations, Seniors or Community Groups can request the use of the Commercial Kitchen with the hire of the Fitzroy Centre at no additional cost.

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

(ITEM 98/15) CULTURAL PLAN 2015-2018

File No: 15/37862Summary

The draft Cultural Plan 2015 – 2018 (the Plan) reaffirms and strengthens Burwood Council’s commitment to creating a vibrant, creative and inclusive place for all Burwood residents. The Plan provides Council with a strategic approach to addressing and implementing cultural and creative processes for the Burwood Community. The Plan was developed through community consultation, research and analysis. The Plan is consistent with the Community Strategic Plan, Burwood2030, and the actions will be implemented in conjunction with Council’s Delivery Program and Operational Plans.

147/15 RESOLVED (Carried Unanimously)That Council adopt the Cultural Plan 2015 - 2018.

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

(ITEM 99/15) LEHMAN BROTHERS AUSTRALIA LIMITED (IN LIQUIDATION) (SCHEME ADMINISTRATORS APPOINTED) - CLAIMS RESOLUTION PROCESS (CRP)

File No: 15/38488Summary

This report provides an update on the status from Lehman Brothers Australia Ltd (In Liquidation) – Claims Resolution Process.

148/15 RESOLVED (Carried Unanimously)

1. That Council note the receipt of $72,993.97 from the liquidators of Lehman Brothers Australia Limited (in liquidation) (Scheme Administrators appointed) being 10.99% of Councils submitted ‘Proof of Claim’.

2. That Council note that as further amounts are received from the PPB Advisory Scheme Fund they will be reported to Council via the Monthly Investment Report.

3. That Council endorse its participation in the Scheme Fund administered by PPB Advisory as administrators of Lehman Brothers Australia Limited (in liquidation) (Scheme Administrators appointed).

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

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(ITEM 101/15) COUNCIL/COMMITTEE MEETINGS AND COUNCILLOR BRIEFINGS TO BE MOVED FROM MONDAY TO TUESDAY NIGHTS

File No: 15/38983Summary

At its Council Meeting of 25 June 2013 Council resolved through a Mayoral Minute (MM12/13) that Council and Building and Development Committee Meetings and Councillor Briefings be rescheduled for the corresponding Monday, subject to any public holidays. This resolution was made to assist the former Councillor Ernest Wong in fulfilling his duties as both a Member of the Legislative Council and Councillor.

149/15 RESOLVED (Carried Unanimously)

That Council endorse Council and Building and Development Committee Meetings and Councillor Briefings be rescheduled for the corresponding Tuesday effective from the first Council Meeting in February 2016.

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

(ITEM 102/15) COUNCIL/COMMITTEE MEETINGS AND COUNCILLOR BRIEFING SESSIONS SCHEDULE FOR 2016

File No: 15/36611Summary

To seek Council’s endorsement of the proposed 2016 Schedule for Council Meetings, Building and Development Committee Meetings and Councillor Briefing Sessions.

150/15 RESOLVED (Carried Unanimously)

1. That the following schedule of Meeting Dates be adopted for 2016, with all Council Meetings scheduled to start at 6:00pm and all Building and Development Committee Meetings at 6:00pm in the Council Chambers, Suite 1, Level 2, 1-17 Elsie Street, Burwood:

Date Building & Development

Committee

Council

9 February 2016 x23 February 2016 x8 March 2016 x22 March 2016 x12 April 2016 x26 April 2016 x10 May 2016 x24 May 2016 x14 June 2016 xJune 2016 – National General Assembly28 June 2016 x12 July 2016 x26 July 2016 x

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9 August 2016 x23 August 2016 x13 September 2016 x27 September 2016 xOctober 2016 – LGNSW Annual Conference11 October 2016 x25 October 2016 x8 November 2016 x22 November 2016 x6 December 2016 x

2. That the following schedule of Briefing Sessions be adopted for 2016, with all Sessions to commence at 5:00pm and conclude at 6.00pm, prior to the Council/Committee Meeting:

Date23 February 201626 April 201628 June 201623 August 201625 October 20166 December 2016

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

(ITEM 103/15) GREATER SYDNEY COMMISSION - DISTRICT COMMISSIONERS

File No: 15/39773Summary

Last week the Minister for Planning, the Hon Rob Stokes MP, announced the role and structure of the Greater Sydney Commission (GSC). He advised on the next steps in its establishment, the legislative package before Parliament and some aspects of the governance of this new Board.

151/15 RESOLVED (Carried Unanimously)

1. That Council nominate the Mayor, Cr John Faker, as the representative for Burwood to participate in the Selection panel for the District Commissioner for the Central District.

2. That Council nominate the General Manager, Mr Michael McMahon, as an Alternative in case the Mayor is unable to attend.

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

(ITEM RC4/15) MINUTES OF THE 3 SEPTEMBER 2015 BURWOOD LOCAL TRAFFIC

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COMMITTEE

File No: 15/38027Summary

Attached are the Minutes of the Burwood Local Traffic Committee from its meeting of 3 September 2015. The Minutes are hereby submitted to the Ordinary Council Meeting for consideration and adoption by Council.

152/15 RESOLVED (Carried Unanimously)

That the minutes of the Burwood Local Traffic Committee of 3 September 2015 be noted and the recommendations of the Committee as detailed below be adopted as a resolution of the Council.

(ITEM LTC1/15) PROPOSED NEW CROYDON PERMIT PARKING SCHEME AREARecommendations1. That Council approve the installation of ‘2P Parking 8.00am – 6.00pm Monday – Friday

and 8.00am – 1.00pm Saturday, Permit Holders Excepted’ in the following streets:

a. Wychbury Avenue, Croydonb. King Edward Street, Croydon, between Monash Parade and Wychbury Avenuec. Alexandra Avenue Croydond. Acton Street, Croydon, between Wychbury Lane and Grogan Street.

2. That Council retain unrestricted parking in the above streets along the side boundaries of corner properties and in front of reserves per the plan in the report.

3. That Council notify residents in the affected area 19 of the changes and that they will be eligible for resident/visitor permits as part of the permit parking scheme.

(ITEM LTC2/15) JERSEY ROAD, STRATHFIELD - PROPOSED PEDESTRIAN CROSSINGRecommendationThat the matter be deferred for further investigation.

(ITEM LTC3/15) BURWOOD ROAD, BURWOOD - MODIFICATION TO EXISTING PARKING PROVISIONS TO IMPROVE PUBLIC TRANSPORT ACCESSRecommendations1. That Council approve the installation of ‘No Stopping – 7.00am to 10.00am and 3.00pm

to 7.00pm Monday to Friday’ for a length of 45.0m on the western side of Burwood Road between Milton Street and the raised threshold located outside No. 21-23 Burwood Road, Burwood.

2. That Council approve the extension of the ‘Bus Zone’ located on the eastern side of Burwood Road, south of Railway Parade, by 6.0m to the south.

(ITEM LTC4/15) HORNSEY STREET, BURWOOD - EXTENSION OF NO PARKING AREARecommendationThat Council approve the extension of the existing ‘No Parking – Authorised Burwood Council Works Vehicles Excepted’ bay on the northern side of Hornsey Street, Burwood, outside the entrance to Council’s Library and Community Hub by a length of 6.0m.

(ITEM LTC5/15) PARK ROAD, BURWOOD - REMOVAL OF BUS ZONE

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RecommendationThat Council convert the existing ‘Bus Zone’ on the eastern side of Park Road, Burwood, north of Park Avenue, to ‘No Parking’.

(ITEM LTC6/15) ANNUAL GREEK STREET FAIR BURWOODRecommendationsThat Council approve the proposed road closure in Burleigh Street Burwood between Railway Parade and Elizabeth Street, as well as the section of Council car park at the corner of Elizabeth Street and Burleigh Street from 9.00pm on Saturday 10 October 2015 to 4.00pm on Sunday 11 October 2015 for Greek Street Fair subject to the following:

a. Emergency services and public transport operators are to be advised of the event (a copy to be forwarded to Council).

b. A copy of the Public Liability Insurance for the event ($20 million) to be forwarded to Council.

c. Barricades and signs to be provided in accordance with Work Cover requirements and AS 1742.3(2002) – Traffic Control for Works on Roads.

d. Residents and businesses of the following streets are to be advised of the event (outlining start and finish times, street closure details and a contact name and number for the day) with a copy of the correspondence forwarded to Council:

Burleigh Street Burwood Road (from Railway Parade to Belmore Street) Belmore Street (from Burwood Road to Shaftesbury Road) Shaftesbury Road (from Belmore Street to Railway Parade) Railway Parade (from Shaftesbury Road to Burleigh Street)

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

(ITEM IN28/15) PETITIONS

File No: 15/35866Summary

Council has received one petition since the last Council Meeting.

Background

Date Received

Petition Subject No. of Household within the

LGA

No. of Household outside the LGA

Responsible Council Division

10 September 2015

Residents objecting to BD.2015.036 – 2-14 Elsie Street, Burwood – Demolition of the existing landscaped forecourt; construction of a shop top housing development comprising street (basement) level & ground level retail tenancies with a fifteen storey

123 0 Land, Infrastructure & Environment

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residential flat building above containing 64 residential dwellings; alterations to the basement carpark; construction of new landscaped forecourt & associated civil works

Comments

That Council notes that the Petition has been referred to the appropriate Council Officers for attention.

No Decision – Information Item Only

(ITEM IN29/15) ANSWERS TO QUESTIONS WITHOUT NOTICE - COUNCIL MEETING OF 24 AUGUST 2015

File No: 15/35864Summary

At the Council Meeting of 24 August 2015 the following Questions without Notice (QWN) were submitted by Councillors. Council Officers responded to the QWN and Councillors were notified on 7 September 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 24 AUGUST 2015

Question Response

Q31 – Councillors Lesley Furneaux-Cook

Can Council provide an update on the Grosvenor/Boundary/Webb Street Planning proposal’s progression?

Manager Strategic Planning

A report was presented to the 23 March 2015 Council Meeting recommending that Council not proceed with the preparation of a Planning Proposal to reduce the building height and floor space ratio for the area. Council resolved to defer the item for a Councillor workshop. To date no Councillor workshop has been scheduled for this matter.

Q32 – Councillors Lesley Furneaux-Cook

Can Council provide an update on the information as per the motion on Westconnex seeking impacts and clarification on the changes to Westconnex tunnel route?

Manager Traffic & Transport

The Westconnex Delivery Authority (WDA) advised Council in June 2015 that the NSW Government had announced the selection of tender to deliver the extension of the M4. Following the selection of the preferred design, the WDA will be individually consulting with residents and

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businesses.

Following a motion at the July Council Meeting, Council has now requested information from the Westconnex Authority including the reasons why the tunnel was changed and the impacts on affected properties during the construction period.

A search of the Westconnex website suggests that an environmental impact statement is being prepared for the preferred design and will be displayed for community comment in the coming months.

The Westconnex Project is led by the WDA, who is responsible for communicating with affected land owners regarding route design and impacts. For more information on the tender design, please visit www.westconnex.com.au.

Any enquiries or concerns about acquisition or impacts on properties, please contact the Westconnex Project Team on 1300 660 248 or email by [email protected].

Q33 – Councillors Lesley Furneaux-Cook

Is it possible for Council to inspect the safety of the overhanging lights of the derelict building at 180 Burwood Road (yellow building)?

Senior Manager Compliance

Council Law Enforcement Officers are currently investigating this matter and have sought additional advice from the Manager Building & Development. It appears that the lighting on the building is safe, however the adjoining neon signage appears to be in a derelict state and warrants further investigation. Senior Manager Compliance to provide further advice and report on action taken once investigation is complete.

Q34 – Councillors Justin Taunton

NABO APP – The free and private neighbourhood social network for Australia – Is Council using this App and are we registering with it?

Executive Manager

Staff have been liaising with Nabo Management over the last few weeks and are currently utilising and monitoring the system to gauge its benefits for Council. An assessment on whether it is advantageous for Council to join Nabo will be undertaken at the end of September.

Q35 – Councillors Justin Taunton

Can we review the process of when

General Manager’s Office

Speakers who register prior to Council

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speakers on items on the business papers presenting reports provide documents, maps, plans during presentation?

Meetings will be requested to supply, well before the relevant Meeting, any additional material that they want Councillors to consider when making decisions on matters.

Q36 – Councillors Justin Taunton

Graffiti removal week – partnership with the NSW State Government and Rotary Interests Clubs – Does Council participate in this program – what is our graffiti removal strategies?

Senior Manager Library and Community Services

Burwood Council, like many other Local Government authorities, invests significant resources in the removal of graffiti. We have developed a Graffiti Management Plan that includes a multi-pronged range of reactive and proactive responses to this problem.

In particular, Council takes a year round approach to the removal of graffiti from public, and in some cases private spaces. Our Rapid Removal Service removes all reported graffiti within two weeks, or within 48 hours if the graffiti is deemed offensive or illicit.

We have offered to promote Graffiti Removal Day on Council’s website, but unfortunately we do not have any additional resources to contribute to this initiative.

The NSW Department of Justice was informed of this information in July 2015 in response to their invitation to participate in the Day.

No Decision – Information Item Only

(ITEM IN30/15) ATTENDANCE AT THE 70TH ANNIVERSARY SANDAKAN DAY MEMORIAL SERVICE, SANDAKAN, SABAH, MALAYSIA - 15 AUGUST 2015

File No: 15/38198Summary

I attended the 70th Anniversary of the Sandakan Memorial Service on behalf of the Sandakan Community Education Committee and Council on 15 August 2015 at the special memorial service which commemorated the 70th Anniversary of the Sandakan Death Marches. I placed a wreath on the special cenotaph on behalf of Burwood.

This year the special service, which coincided with the end of the War and VP Day, was represented by His Excellency General the Hon Sir Peter Cosgrove AK MC (retd), Governor-General of Australia, and his wife, Lady Cosgrove.

The evening before I attended a Welcome Reception hosted by the Sabah Municipal Council and Sabah Tourism Board, at the home of the President of the Sandakan Municipal

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Council, Datuk Ir. James Wong.

The memorial service was well represented by both Australian, British, American and Malaysian representatives, including the local indigenous community of Sandakan.

The service lasted about 2.5 hours and included a special recognition of family members who lost loved ones, those prisoners of war who were interned in the Camp and later undertook the two Death Marches from Sandakan to Ranau.

The individual commentary on loss was quite emotional and reinforced the significant loss felt by families, in particular, local Malaysian residents who supported those Prisoners of War that eventually led to their death.

During the service I met with the last remaining member of the Australian contingency that was at Sandakan. His name is Lt Leslie “Bunny” Glover. Bunny is a likeable retired officer who was a Lieutenant during the incarceration by the Japanese and was removed prior to the Death Marches. He was moved to Batu Lintang “Kuchiing” prison which was the Japanese Army headquarters in Borneo. Upon the conclusion of the War, Bunny assisted in the war trials and created the Sandakan Prisoners of War Association which still exists and is now led by his son, Michael Glover.

Of interest at this year’s particular event, was that the “Melbourne Cup” was on show on the evening before which had connection with the Sandakan Prisoners of War. In 1942 a secret radio was used to conduct a horse race with the prisoners. The race was listened to by Officers who kept the horse race winners a secret until two days later when they held a Sweep Stake for the prisoners who purchased the horses and a race was called between the Officers’ huts with prisoners sitting on the ground. The winner of the race received a makeshift cup which is now held in the Australian War Memorial in Canberra. This race was held again in the following year before the prisoners were marched to their death.

I would like to give a vote of thanks to Council and the Sandakan Community Education Committee for my representation at this event, and I will be making some suggested changes to the Committee on how to improve next year’s memorial serviced based on observations made at the 70th Anniversary Sandakan Day Memorial Service.

No Decision – Information Item Only

(ITEM IN31/15) AUDIT COMMITTEE - SUMMARY REPORTFile No: 15/39003

Summary

To brief Councillors and the public on the activities undertaken by the Audit Committee.

Background

The Audit Committee comprises of two independent members and two Councillors.

The independent members are Mr Ernie Lagis (Chairperson) and Mr Scott Varker.

Up to 8 September 2015, the Councillors on the Committee were Cr Lesley Furneaux-Cook and Cr George Mannah. At the 8 September 2015 Council voted for membership of Council’s Committees, and Cr George Mannah and Cr Justin Taunton were voted as members of the committee, with Cr Lesley Furneaux-Cook as the alternate member.

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This report relates to activities undertaken by the Audit Committee at its meetings of 26 May, 5 August and 15 September 2015.

Current activities

The Audit Committee undertook the following activities:

Received an update on the Fit for the Future reform agenda Received a report on the Enfield Aquatic Centre audit review Discussed the framework for review of the Audit Committee Charter Reviewed and approved the 3-Year Audit Plan Received a report on Capital Works – Library and Community Hub Referred the report on Capital Works – Library and Community Hub to Council’s external

auditors for additional analysis Received a briefing from Council’s external auditors Hill Rogers Spencer Steer on their

review of the Capital Works – Library and Community Hub project audit Conducted the Internal Auditor’s performance review for 2014/15 Received an update on External Auditors’ interim management letter Received an update on the provision of Senior Internal Audit services by Southern

Sydney Regional Organisation of Councils (SSROC) Received a briefing from Council’s external auditors Hill Rogers Spencer Steer on the

Financial Statements for 2014/15

Next meeting

The next meeting of the Audit Committee is scheduled for 25 November 2015.

Minutes

The Minutes of the meetings of 26 May, 5 August and 15 September are attached. In addition, the Minutes of the meeting of 24 February 2015 are also attached, as approved by the Audit Committee.

No Decision – Information Item Only

(ITEM IN32/15) MEDIA & EVENTS REPORT 2014-15

File No: 15/39963Summary

The Media and Events Report 2014-15 outlines key achievements, milestones and highlights of Council’s media and events activities.

Throughout the financial year, Council conducted media relations, marketing and publicity, community and business engagement, civic and memorial events and website and social media management.

These functions are delivered in line with the goals of Council’s Community Strategic Plan in order to promote a sense of community, provide leadership through innovation, accessible services and facilities and a vibrant economic community.

The report includes information on Council’s interaction with the community through its website as required in action 1.3.2.3 of the Operational Plan 2014-15.

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No Decision – Information Item Only CONFIDENTIAL ITEMS - CLOSED SESSION

153/15 RESOLVED (Carried Unanimously)That the meeting move into closed session in order to consider Item 104/15 Parking Meter Maintenance Contract to 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, Item 105/15 Purchase of Property in Elsie Street, Burwood 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, Item TE3/15 SSROC Tender Evaluation for the Supply of Stationery and associated products to 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 and Item TE4/15 Tender for the Upgrade of the Community Centre 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.

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

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 8.42PM THE PUBLIC AND PRESS EXCLUDED FROM THE MEETING.

THE MEETING RESUMED IN OPEN SESSION AT 9.05PM

(ITEM 104/15) PARKING METER MAINTENANCE CONTRACT

File No: 15/30051That 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.

154/15 RESOLVED (Carried Unanimously)1. That Council, in accordance with Section 55(i) of the Local Government Act 1993,

accept the quotation from APARC Pty Ltd for the maintenance and hosting (including licencing and communications) of Council’s parking meter fleet without the calling of tenders because of the unavailability of competitive tenderers.

2. That the General Manager be authorised to execute the contract with APARC Pty Ltd together with any necessary documentation under his delegated Power of Attorney.

3. That the contract with APARC Pty Ltd be for a period of no less than two years with an

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option to extend for an additional two years.

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

(ITEM 105/15) PURCHASE OF PROPERTY IN ELSIE STREET, BURWOOD

File No: 15/39119That 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.

155/15 RESOLVED (Carried Unanimously)1. That Council purchase Suites 4a and 4b, 1-17 Elsie Street, Burwood at a price of up to

10% higher than the valuation supplied by Council’s Valuers.

2. That the General Manager be authorised to negotiate the purchase on Council’s behalf up to the figure recommended and engage the necessary professional services to facilitate it occurring.

3. That the General Manager be authorised to sign any relevant documentation under his Power of Attorney.

4. That the property be classified as ‘Operational’ in accordance with Sections 25 and 26 of the Local Government Act 1993.

(Moved Councillor Justin Taunton/Seconded Councillor Tony Doueihi)

(ITEM TE3/15) SSROC TENDER EVALUATION FOR THE SUPPLY OF STATIONERY AND ASSOCIATED PRODUCTS

File No: 15/36370That 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.

156/15 RESOLVED (Carried Unanimously)

1. That Council receive and note the Assessment Report for the request for tender for the Supply and Delivery of Stationery and Associated Products.

2. That Council accept Staples Australia Pty Ltd as the successful tender respondent for a period of three years commencing 10 August 2015 with an option for two extensions of one year each.

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

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

(ITEM TE4/15) TENDER FOR THE UPGRADE OF THE WOODSTOCK COMMUNITY CENTRE

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File No: 15/38840That 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.

157/15 RESOLVED (Carried Unanimously)

1. That in accordance with Clause 178 (1) (b) of the Local Government (General) Regulation 2005, Council decline to accept any of the tenders submitted for the upgrade of the Woodstock Community Centre, Tender Reference 2/15.

2. That in accordance with Clause 178 (4) (a) of the Local Government (General) Regulation 2005, Council’s reasons for declining to invite fresh tenders, is that to do so, would be unlikely to attract further tenderers.

3. That in accordance with Clause 178 (3) (e) of the Local Government (General) Regulation 2005, Council enter into negotiations with the two highest ranked tenderers, Rapid Construction Pty Ltd and Carfax Commercial Constructions Pty Ltd, with a view to entering into a contract with one of them for the upgrade of the Woodstock Community Centre, Tender Reference 2/15.

4. That in accordance with Clause 178 (4) (b) of the Local Government (General) Regulation 2005, Council’s reason for entering into negotiations with Rapid Construction Pty Ltd and Carfax Commercial Constructions is to mitigate risk, namely contract variations generated by exclusions in the tenders and to seek clarification regarding the tenders sum breakdown. Rapid Construction Pty Ltd and Carfax Commercial Constructions Pty Ltd have been chosen as the two parties with whom Council will conduct negotiations given that their proposals were ranked first and second respectively by the Tender Evaluation Panel.

5. That the General Manager be authorised to conduct, finalise the negotiation process and to sign the resulting contract and any related documentation under his Power of Attorney.

6. That no community program at Woodstock be withdrawn without prior Council approval.

(Moved Councillor Lesley Furneaux-Cook /Seconded Councillor Justin Taunton) (ITEM MM18/15) BIAGGIO SIGNORELLI FOUNDATION – SPRING GALA DINNER 2015

File No: 15/41461Summary

I received an invitation to attend a fundraising event from the Biaggio Signorelli Foundation by purchasing a table of ten seats to attend the Spring Gala Dinner 2015 to be held on 29 October 2015 at Doltone House at Darling Island Wharf in Pyrmont.

The main purpose of the BSF is to raise funds to create awareness, research in early detection and treatment with a view to ultimately finding a cure for Mesothelioma (Asbestos Cancer).

The Foundation has raised funds with the support of the Federal Government, NSW State

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Government, Local Councils. Community associations, corporate businesses and the general public.

Key achievements of the Foundation to date include, but are not limited to:

Funding two fellowships of Dr Anthony Linton and Dr Casey Wright at the Asbestos Disease Research Institute located at Concord Hospital.

Funding of fellowship Dr Tristan Yan as the Biaggio Signorelli Director of Thoracic Oncology at the Baird Institute located at the Royal Prince Alfred Hospital.

Funding the National Guidelines for Diagnosis and Treatment of Mesothelioma.

I would like to recommend that Council, in conjunction with Canada Bay Council, shares a table of ten seats for $2,800, GST inclusive. The cost of five seats for Burwood Council would be $1,400, GST inclusive.

158/15 RESOLVED (Carried Unanimously)

1. Council agree to purchase half a table of 10, five seats at $1,400, GST inclusive, to attend the Biaggio Signorelli Foundation Spring Gala Dinner 2015 to be held on 29 October 2015 alongside Doltone House at Darling Island Wharf in Pyrmont.

2. The General Manager contacts Canada Bay Council to confirm their acceptance to purchase five seats on the same table as Burwood Council for $1,400, GST inclusive.

3. That Councillors wishing to attend, advise the General Manager by 9 October 2015.

QUESTIONS WITHOUT NOTICE

The following Questions Without Notice were submitted at the Meeting:

Councillor Lesley Furneaux-Cook

Can Council clarify why it has taken almost 18 months to repair road works on Oxford Street and its cost to Council to date?

Councillor Lesley Furneaux-Cook

I am aware that a pair of nesting plovers (protected species) have established a nest next to Grant Park leash free area. They have done so for the last two years and have been unsuccessful to date as the chicks are taken by local cats. Is there anything that Council can do to protect and ensure the longevity of these species?

Councillor Justin Taunton

Dangerous traffic hazard at the roundabout near 290 Burwood Road. A resident has requested that council install heavy duty safety barriers around the roundabout and approaches following a number of serious incidents involving speeding cars crashing into and destroying property including a sandstone wall. Could the issues raised by the resident be investigated and reported back to me and that the matter be referred to the Local Traffic Committee (LTC) to seek their input as the Burwood Local Area Command is aware of the problem and may have input into possible solutions to improve safety in that area?

This is page 62 of the Minutes of the Meeting of Burwood Council held on 28 September 2015

Page 63: Pro-Forma Minutes of Burwood Council Meetings - 28 ... · Web viewPVC sewer grade, earthenware or fibre reinforced concrete pipes may be used in the footpath to the kerb or stormwater

MINUTES OF BURWOOD COUNCIL MEETINGS 28 SEPTEMBER 2015

Councillor Justin Taunton

Building and Design Awards for Architectural Excellence – can I be provided an update on the progress on the proposal to inaugurate a competition which would be modelled on similar concepts run by other councils like Randwick and the Hills?

Councillor Justin Taunton

Regional Dumping Squad – Can I be provided with information about the Squad, the work they do, which councils are involved, the financial costs and if there is any benefit or otherwise of our council joining the joint regional project?     

Councillor John Faker

Our Council Car Parking Policy – what is the treatment of drivers parking in a metered zone who wait in the car while dropping off another passenger. Do we have a policy to ask for a time limit?

What’s the policy regarding a car being parked for a timed period, having to move, come back and park in another spot and time continue?

Councillor John Faker

Where is Council up to regarding the traffic study around John Street, Burwood and having movement one way? Also, converting the ‘No Stopping’ to ‘No Parking’?

Councillor John Faker

Sydney Water works along Queen Street between Wychbury and Young Street and also along Lang Street and Bay Street – when will repairs take place?

This concluded the business of the meeting and Council rose at 9.10pm.

Confirmed this 28th Day of October 2015.

MAYOR GENERAL MANAGER

This is page 63 of the Minutes of the Meeting of Burwood Council held on 28 September 2015