Pro-Forma Minutes of Burwood Council Meetings - 7 ... · Web viewNo demolition work shall be carried out on Sundays or Public Holidays. The owner/builder shall be responsible for

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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, 7 December 2015 commencing at 6.01pm.

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 W Armitage, Chief Finance OfficerMr B Mortimer, Manager Organisation DevelopmentMr J Inglese, Senior Manager Assets and DesignMr B Olsen, Manager Building and DevelopmentMr R Di Federico, Manager Traffic and TransportMs P Viney, Governance Co-ordinator

OPENING OF MEETING BY THE MAYOR

The Mayor opened the meeting with a prayer.

OPEN FORUM

There was no business for this item.

APOLOGIESThat there were no apologies.

DECLARATIONS OF INTEREST

There were no declarations of interests by Councillors.

DECLARATIONS OF POLITICAL INTEREST

There were no declarations of political interests by Councillors.

CONFIRMATION OF MINUTES190/15 RESOLVED

That the minutes of the meeting of the Council of Burwood held on Monday 23 November 2015, as circulated, be confirmed and signed as a true record of the proceeding of the meeting.

This is page 1 of the Minutes of the Meeting of Burwood Council held on 7 December 2015

MINUTES OF BURWOOD COUNCIL MEETINGS 7 DECEMBER 2015

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

ADDRESS BY THE PUBLIC ON AGENDA ITEMS

Name ItemMr Peter Dong72 Stanley StreetBurwood

Item 126/15 – 66-70 Stanley Street Burwood – Development Application 30/2015 – Proposed Multi welling Housing Comprising 9 x 3 Storey and 1 x 2 Storey Town Houses in 2 Buildings Over Basement Parking Level

Mr Tony OwenArchitect for the Applicant

Item 126/15 – 66-70 Stanley Street Burwood – Development Application 30/2015 – Proposed Multi welling Housing Comprising 9 x 3 Storey and 1 x 2 Storey Town Houses in 2 Buildings Over Basement Parking Level

GENERAL BUSINESS

(ITEM 126/15) 66-70 STANLEY STREET BURWOOD - DEVELOPMENT APPLICATION 30/2015 - PROPOSED MULTI DWELLING HOUSING COMPRISING 9 X 3 STOREY AND 1 X 2 STOREY TOWN HOUSES IN 2 BUILDINGS OVER BASEMENT PARKING LEVEL

File No: 15/54798Applicant: QGU & ZGG Holdings Pty Ltd and Y ZhangLocation: 66-70 Stanley Street Burwood, eastern side of Stanley Street

South of Woodside AvenueZoning: R1 General Residential - Burwood Local Environmental

Plan 2012

Proposal

The proposal is to demolish the existing dwelling houses and other buildings on the subject 2 allotments and erect a multi dwelling housing development comprising:

One basement parking level containing 18 car parking spaces (including 2 visitors/car wash spaces), bicycle parking racks (12), storage spaces, pedestrian access to each town house and the vehicular access ramp connecting to Stanley Street.

Ground floor containing the lower levels of town houses 1-10, exterior private open space for each town house, common open space and landscaping for the development, pedestrian access to the complex and each town house, and the vehicular access ramp connecting to Stanley Street.

First floor containing the next (middle) levels of town houses 1-10 including a raised courtyard area for TH 5.

Second floor containing the top level of town houses 1-10 (except TH 6 that is only ground and first floors).

The 10 apartments comprise 4 x 2 bedroom and 6 x 3 bedroom. Note 2 of the 2 bedroom townhouses are designated as 1 bed + study, however as the studys are clearly separate fully enclosed rooms it is considered that they are more correctly classified as 2 bedroom townhouses.

The basement car parking level is a single structure but at ground level and above the development comprises two separate buildings each containing 5 town houses. Each building has the form of terrace-type town houses with separate ground level access, directly from the street in the case of the front town houses. The floors of each town house are located one above the other with no overlap between town houses.



191/15 RESOLVED

A. That Development Application 30/2015 for demolition of existing dwelling houses and other structures and erection of multi dwelling housing comprising 10 town houses each of three storeys (except one 2 storey unit) in two buildings above a basement parking level be granted consent subject to the following conditions.

(1) The development is to be carried out in accordance with the following plans andDocumentation except as amended by other conditions of this consent: Architectural plans prepared by Tony Owens Partners received by

Council on 2 October 2015, as follows: A003, A004, A100, A101, A102, A103, A104, A200, A201, A202, A300, A401, A402, A450, A451, A452, A455, A500, A512, A513, A514, A515, A516, A600, A601, A620, A700, A701, A800 (External Finishes); all Revision F.

Landscape Plans by Formed Gardens Pty Ltd received by Council on 2 October 2015: LO 1-3 Issue F and the Landscape Management Plan dated August 2015.

Stormwater Management Plans by Istruct Consulting Engineers D01, D02 Revision 1 dated February 2015 and received by Council on 23 February 2015.

FEES

(2) Building and Construction Industry Long Service Corporation Levy $10,153 (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 $15,000 (Payment to be made to Council as a bond prior to issue of a Construction Certificate and/or commencement of demolition/bulk excavation)

NOTE: This deposit is refundable if no damage occurs.

(4) Construction by the Applicant/Council the stormwater drainage works $2,000 (Payment to be made to Council as a bond)

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

This fee is for 20 inspections at the rate listed in Council’s current Schedule of Fees and Charges. Any additional inspections, including re-inspections, shall be levied and paid to Council upon booking of an appointment at the rate listed in Council’s current Schedule of Fees and Charges (Payment to be made to Council).

(6) Section 94A Contribution: $29,000.30 (Payment to be made to Council).

Note: the contribution amount will be adjusted at the time of payment. See Planning Condition 8 for more details.

PLANNING

(7) Compliance and implementation of the recommendations contained in the



report DA Acoustic Assessment by Acoustic Logic Consultancy P/L Revision 0 dated 18 December 2014 and received by Council on 23 February 2015.

(8) 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 $2,900,030.00

$29,000.30

Index Period Sept 2014 CPI1 106.6Office Use: T56

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

The contribution will be adjusted in accordance with the following formula:Contribution (at time of payment) = C x CPI2

CPI1

Where:

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

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

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

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

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

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

Note: Credit cards and personal cheques are not accepted for the payment of Section 94A Contributions in excess of $5,000.

(9) Glazed balcony balustrades shall be constructed of opaque materials in lieu of clear glazing.



(10) External gas water heaters are to be located in recessed enclosures within external walls and are to be located and are to be located so as to be not visible from a public road or place or adjoining property. Similarly, air conditioning units and plant are to be located so as not to be visible from a public road or place or adjoining property.

(11) A separate application shall be lodged for any proposed subdivision of the site. Such subdivision shall designate all car parking spaces attached to a lot with the exception of visitor parking which shall be designated as common property. No car parking spaces shall be created as a separate lot. The drainage system for the site including basement pit and pumps and on site detention shall be designated as common property.

(12) Clothes drying areas or facilities shall be provided within an area of communal open space or provided within each residential unit. If provided on the balconies of individual units, the drying facilities must be screened from exterior view, and be designed in such a way that they do not detract from the building’s appearance from the public domain.

(13) Doors or gates are to be installed at the pedestrian and vehicular access ways to the development from Stanley Street that will provide for secure access to the town houses and the car parking basement. The gates or doors are to be appropriately security keyed to ensure the personal safety and security of residents on the development. An intercom system connecting each town house to the pedestrian and vehicular doors or gates is also to be installed that enables remote opening of the doors or gates for visitors to the building. Details are to be submitted and approved prior to the issue of a Construction Certificate.

(14) A security camera system that monitors the main pedestrian entry (ie on the northern side of the site) and the vehicular driveway to the development from Stanley Street on a 24 hour ,7 day a week basis is to be installed and maintained for the life of the development. The system is to meet the standards of the NSW Police. Details are to be submitted and approved prior to the issue of a Construction Certificate.

(15) Provision of storage space in each unit and in the basement is to comply with the recommendations of the Residential Flat Design Code. A schedule shall be submitted to the Principal Certifying Authority demonstrating compliance and approved prior to the issue of a Construction Certificate.

(16) Provision of accessible/adaptable residential apartments and accessible parking spaces is to comply with the applicable Australian Standards as indicated in Section 3.2.19 of the Burwood Development Control Plan 2013.

(17) The fences and walls provided for and within the development are to comply with the provisions of the Burwood Development Control Plan 2013 Section 4.3.2.3 Site and Building Amenity Items P35-38. Details are to be submitted and approved prior to the issue of a Construction Certificate.

(18) The mail boxes for the development are to be relocated within the development site to the main pedestrian entrance pathway and positioned so that the mail can be delivered by Australia Post but is only removable from the mail boxes from within the development’s secure area as referred to in the above condition. The mail boxes are to be provided with secure locks that meet the



standards of the NSW Police and Australia Post. Details are to be submitted and approved prior to the issue of a Construction Certificate.

(19) The windows in the southern wall of the front town house building that is setback only 2 m from the southern boundary are be provided with external privacy louvers, details to be submitted and approved prior to the issue of a Construction Certificate.

(20) The extensive areas of white painted concrete on the north and south facades and also on the west (street) façade are to be replaced with a material and finish equivalent to pre-painted or textured through colour panels. Details are to be submitted to Council and approved prior to the issue of a Construction Certificate.

(21) The 1.8 m high wall indicated on Plan A101 along the southern boundary of the development site that aims to reduce potential adverse noise impacts on the adjoining dwelling house is to be constructed with a design, finish and appearance and with construction materials that have been coordinated with and endorsed by the adjoining land owner, details to be submitted and approved prior to the issue of a Construction Certificate.

BUILDING

(22) 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)

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

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

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

(24) 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 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.

(25) Balcony balustrades being a minimum height of 1m. 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.

(26) Continuous balustrades shall be provided along the side/s of any stairway or ramp, any corridor, hallway, balcony, access bridge or the like, any path of access to a building if:-

a. It is not bounded by a wall; and

b. The change in level is more than one (1) metre, or five (5) risers in the case of a stairway, from the floor or ground surface beneath;

except where specific exemptions are provided in the Building Code of Australia.

Balustrades shall prevent as far as practicable:

a. Children climbing over or through it; and

b. Persons accidentally falling from the floor; and

c. Objects which might strike a person at a lower level falling from the floor surface.

Balustrade heights and designs shall comply with Part D2.16 of the Building Code of Australia and Australian Standard/New Zealand Standard AS/NZS 1170 Part 1 – Structural design actions.

Details of the method of satisfying these requirements must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.



(27) 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)

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

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

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

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

OR

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

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

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

(29) 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.

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

(31) 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.

(32) 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.

(33) 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. building 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.

(34) 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.

(35) 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.

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

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

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

(37) 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.

(38) Your attention is directed to the following:

WARNING

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

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

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

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

or telephone 13 20 92.

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

(40) 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.

(41) 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.

(42) 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)

(43) 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.

(44) 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.

(45) 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).

(46) 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.

(47) 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 concrete slab on every level to indicate the height of the finished floor level and to show boundary clearances; and

b. On completion of the building to indicate the height of the finished floor levels, the height of the roof ridge/parapet and to show boundary clearances and areas of the site occupied by the building.

(48) The Class 2 and 7a building being equipped with a smoke alarm system as required by Table E2.2a of the Building Code of Australia.

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



(a) Any storey containing bedrooms –

(i) Between each part containing bedrooms and the remainder; and(ii) Where bedrooms are served by a hallway; in that hallway; and

(b) Any other storey not containing bedrooms, in the egress paths; and(c) In public corridors and other internal public spaces so that a sound

pressure level of 85 dB(A) is provided at the door to each sole-occupancy unit.

(49) Mechanical ventilation/air conditioning details are to be submitted to Council or the Accredited Certifier for approval prior to the issue of a Construction Certificate and must include the following:-

a. The size and location of the proposed ductwork;b. The location of the equipment;c. The performance characteristics of the proposed motors/s and fan/sd. The air flow characteristics of the system.

At the completion of work a Certificate from an Accredited Certifier, Mechanical Engineer of other suitably qualified person, to the effect that the ventilation system has been installed and performs in accordance with the provisions of Part F4 of the Building Code of Australia. Australian Standard-New Zealand Standard AS/NZS 1668 “The use of mechanical ventilation and air-conditioning in buildings” Part 1 and Part 2, Australian Standard-New Zealand Standard A/NZS 3666-2002 and the Noise Control Act 1975 must be submitted to the Principal Certifying Authority before an Occupation Certificate is issued.

(50) Engineering Design – Basement Excavation

The following engineering details or design documentation shall be submitted to the Principal Certifying Authority (Council or the Accredited Certifier) prior to the issue 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 site.

(b) A report shall be prepared by a professional engineer prior to the issue 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 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.

(51) The Commonwealth Disability Discrimination Act 1992 may apply to this particular proposal. Submission and/or approval of the application does not imply



or confer compliance with this Act. Applicants should satisfy themselves and make enquiries to the Human Rights and Equal Opportunity Commission.

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

DEMOLITION

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

(54) 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.

(55) 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.

(56) 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.

(57) 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.

(58) 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.

(59) Removal of any asbestos must be undertaken in compliance with the



requirements of WorkCover. Refer to their publication “Your Guide to Working with Asbestos.”

(60) 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.

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

(62) 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).

(63) 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.

(64) All asbestos cement sheeting must be removed prior to the commencement of:

a. Brick veneering or re-cladding of any building where the existing walls to be covered are clad with asbestos cement;

OR

b. Construction work where the new work abuts existing asbestos cement sheeting and/or where existing asbestos cement sheeting is to be altered or demolished.

ENVIRONMENT & HEALTH

Environmental Management:

(65) 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 Storm water 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

(66) 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 near-by residential or premises.

(67) A car wash area / bay is to be provided at the basement car park level and be graded and drained to a waste water disposal system in accordance with the requirements of Sydney Water.

Waste Management:

(68) 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.

(69) All garbage shall be stored in the designated garbage areas, which includes provision for the storage of all putrescible waste and recyclable material emanating from the premises. Adequate natural or mechanical ventilation is required where bins are stored in an enclosed area and meet fire safety standards in accordance with the Building Code of Australia.

(70) Waste and recycling bins shall be kept in a clean and hygienic condition. Bins are to be washed regularly within the garbage wash aby area with any waste water being discharged to the sewer by way of the grated drain.

(71) Prior to the issue of the Occupation 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

(72) 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.

(73) Details and calculations shall be prepared by a competent practicing



Hydraulic/Civil Engineer. They shall include:

a. a catchment plan

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

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

d. details and dimensions of pits and drainage structures

e. hydrologic and hydraulic calculations

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

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

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

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

(74) 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.

(75) 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.

(76) 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.

(77) 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 systemii) Pump and rising main system

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.

(78) 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 (2) 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.

(79) 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.

(80) 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).

(81) 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.

(82) 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.

(83) 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.

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

a. A vehicular crossing 3m wide to Stanley Street shall be constructed by the Applicant/Council at the applicant’s cost.

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

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

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

(85) 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.

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

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

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

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

(88) 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.



(89) 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.

(90) Vehicles removing demolished materials from the site shall access and depart from the site through Stanley Street, Woodside Avenue & The Boulevarde. Vehicles involved in removing materials from the site shall be limited to an 8 tonne gross weight per axle.

(91) The following condition shall be addressed by the Applicant and engineering drawings addressing the issues shall be submitted to Council prior to release of a Construction Certificate for the development:

The overland flow flood study report prepared and submitted by Sparks Partners Consulting Engineers has determined the 1:100 year ARI flood level to be RL 20.120m AHD. The ground floor level and the crown of basement ramp at entry/exit shall be kept at 20.420m AHD minimum including the 300mm freeboard requirement for overland flooding. Should the development propose to lower the basement crown level from 300mm freeboard to 150mm freeboard, the ramp must be provided with a hydraulic/electrical flood gate with a dedicated power source. The flood gate proposed must be submitted to Council for approval prior to issuance of a Construction Certificate. The submission must include the specification of the flood gate, specification of the electrical source, periodic maintenance schedule and agreement done between the flood gate maintenance firm and strata management body for periodic maintenance of flood gate including its electrical components for the period of at least 15 years after the completion of the development.

An erosion and sediment control plan shall be prepared by a competent practicing hydraulic/civil engineer addressing all the requirements as stated in Supplement 10 of Council’s Stormwater Management Code in accordance with Urban Erosion and Sediment Control Handbook by Department of Conservation and Land Management.

TREE PROTECTION

(92) Excavations for the basement must not exceed the perimeters indicated on the Basement Floor Plan by Tony Owens Partners – Drawing Number A100, Revision F, so as not to destabilize the trees located on the rear adjoining property to the east of the site or the mature tree to be retained in the south-western corner of the site. In accordance with AS4970 (Protection of Trees on Development Sites, 2009) tree protection measures must be implemented on the mature tree to be retained in south-western corner of the site. This includes the erection of a 1.8m high chain link fence around the trunk with no stockpiling of materials within the tree protection zone.

TRAFFIC & PARKING

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

(94) 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.

(95) A minimum of 15 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. The details must be submitted to and approved by the Principal Certifying Authority prior to a Construction Certificate being issued.

(96) 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. If the development is to be strata subdivided, the car park layout must respect the required allocation:

(a) 13 residential parking spaces.

(b) 2 visitor parking spaces.

(97) Stacked parking spaces (maximum 2 spaces, nose to tail) must be attached to the same strata title comprising a single dwelling unit subject to the maximum parking limit applying. The stacked parking spaces must be designated (with appropriate signage) for tenant parking only (not visitor parking).

(98) 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. All parking spaces, with the exception of the visitor spaces, must be allocated to a townhouse and in the event of strata subdivision of the site must be allocated to a residential lot of the strata plan.

(99) 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.

(100) 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'.

(101) Of the required car parking spaces, at least 1 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 minimum headroom of 2.5m and must be clearly marked and appropriately located as accessible parking for people with mobility impairment.

(102) 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.



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

(104) 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.

(c) 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.

(105) A system of traffic lights and/or mirrors must be installed at the ends of any single lane ramp(s), to indicate traffic movement on the ramp(s). This system must be detailed in the application for a Construction Certificate. Any system using traffic light signals must maintain a green signal to entering vehicles at the point of entry, and must maintain a red signal when an exiting vehicle is detected upon the ramp or driveway.

(106) 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.

(107) Any proposals for alterations to the public road, involving traffic and parking arrangements, must be designed in accordance with RMS Technical Directives and must be referred to and agreed to by the Sydney Traffic Committee prior to any work commencing on site.

(108) 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.

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

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

Councillors Tony Doueihi/Seconded Deputy Mayor George Mannah called for a DIVISION.

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

FOR AGAINSTCouncillor Mannah Councillor Furneaux-CookCouncillor DoueihiCouncillor DeansCouncillor Faker



Councillor TauntonTotal (4) Total (1)

MAYORAL MINUTES

(ITEM MM24/15) CONCORD CANCER CENTRE - DONATION TO THE COMMANDER'S CUP - 25 FEBRUARY 2016

File No: 15/52587Summary

I have received an invitation to participate in the Burwood Police Golf Day to be held at the Concord Golf Club on 25 February 2016. Council has been a sponsor of this event since the inaugural event in 2014.

Detective Superintendent Mark Jones, Local Area Commander, Burwood Police, is seeking support from Council to sponsor one of the 18 Holes, along with promotional material in the form of Pull Up Banners from Burwood in recognition of our support towards the Concord Cancer Centre.

The Golf Day is organised annually to raise much needed funds for the Concord Cancer Centre at Concord Hospital.

I am seeking Council’s support for this funding and, therefore, I recommend that Council donates $1,500 towards Burwood Council’s participation in the Golf Day to be held on 25 February 2016.

192/15 RESOLVED (Carried Unanimously)

1. That Council supports the Burwood Police in raising funds for the Concord Cancer Centre at Concord Hospital by donating $1,500 from the Mayor’s Discretionary Fund towards Burwood Council’s participation in the Golf Day to be held on 25 February 2016.

2. That Council provides Pull Up Banners for display at the Golf Day at the Concord Golf Club.

(ITEM MM25/15) TRAFFIC MOVEMENT DUNNS LANE, VICTORIA STREET WEST AND JOHN STREET


Following the approval of a major development application within the Elsie Street Precinct I am proposing a number of traffic, road safety and landscape initiatives/projects to improve the amenity within the Burwood Town Centre.

Background

The Joint Regional Planning Panel (JRPP) recently approved a major development for 2-14 Elsie Street Burwood, which is located at the corner of Elsie Street, Victoria Street West and John Street. The Section 94a contributions stemming from this development are proposed to be used to implement traffic, road safety and landscape improvements



within the vicinity of the development site.

Various Traffic and Parking Improvements

Some improvements to traffic flow have already been investigated and approved at the November 2015 Ordinary Council Meeting. These include the installation of a new off-street ‘Loading Zone’ in John Street (west side) and ‘No Parking’, full length (east side) to ensure additional loading facilities for businesses whilst not impacting upon traffic flow. Also, the introduction of a time restricted ‘No Parking’ zone on the eastern side of Park Road to ensure sufficient capacity for two-way traffic.

Further to this, Council Officers are investigating a new pedestrian crossing mid-block along Park Avenue located adjacent to the existing speed cushions. If the RMS pedestrian crossing warrants are achievable, a design for a new raised pedestrian crossing which may also incorporate landscaping in the design, will be constructed to help improve safety for pedestrians, as well as helping to reduce vehicle speeds in this high pedestrian activity area.

Dunns Lane - Landscape Improvements.

Council Officers are investigating design options for the proposed beatification of Dunns Lane, including murals and decorative screening. This is aimed at improving the appearance of the rear facades of the properties along the eastern side of Dunns Lane.

The design options may also include widening of the eastern footpath. This will reduce the road carriageway to 6.4m whist still maintaining two-way traffic flows. However, the preferred pedestrian access will remain along the western side. ‘No Stopping’, ‘No Parking’ and ‘Loading’ zones in Dunns Lane will be reconsidered to suit the proposed design options.

In addition on the western side of Dunns Lane, further tree planting is being considered to help screen the eastern views across the Lane from the home units.


1. That Council continue to investigate traffic and road safety improvements in this area.

2. That Council continue to investigate proposed options for beautification for Dunns Lane as mentioned in the Mayoral Minute.

3. That design options be reported back to Council.

(ITEM MM26/15) FIT FOR THE FUTURE AND COUNCIL STAFF


Following on from Council’s submission to IPART and their decision to make Burwood “Fit for the Future” through a proposed merger with Auburn and Canada Bay Councils, it is expected that the NSW Government will release its decision on the future of Councils this week.

In these uncertain times, the General Manager has continued to maintain good and open communication with staff over the proposed Local Government reforms and



encouraged all staff to provide the best possible services to our community.

Presently, section 345F of the Local Government Act 1993, provides for no forced redundancies of non-senior staff members for three years after the NSW Governor proclamation I consider it crucially important that staff are encouraged to continue their employment with Council and that, as an organisation, we maintain the current level of expertise and experience during these changes and into a future which could be part of a larger organisation.

The General Manager has received a draft Memorandum of Understanding (MOU) from the United Services Union (USU) in the event that the State Government directs Councils to merge. Although roles may change, it is important that all staff are confident that their security of employment will not.

Therefore, I recommend that Council commence discussions with our current voluntary partners to enter into an MOU with the USU and other relevant Unions to enhance current legislative employment protections for all staff during this climate of uncertainty.


1. That Council commence discussions with our merger partners to progress an MOU with the USU and other relevant Unions to enhance current legislative employment protections for all staff during this climate of uncertainty.

2. That discussions to commence once, the Fit for the Future announcement has been made.

GENERAL BUSINESS

(ITEM 127/15) CROYDON STATION UPGRADE - TRAFFIC MANAGEMENT PLANS


To facilitate the upcoming easy access upgrade works at Croydon Station the contractors John Holland Construction on behalf of the State Government (Transport for New South Wales) have requested a number of changes to traffic management on the road network around the Station. These changes will help ensure continuous access for pedestrians as well as to subsidise changes to on-street parking provisions during the construction process.


That the matter be deferred for further investigation based on the concerns raised in the letter dated the 4 December by the Principal of Presbyterian Ladies College, Croydon in relation to the temporary location of the proposed station entrance during the re-development.

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

(ITEM 128/15) ADOPTION - DRAFT PERMIT PARKING SCHEME POLICY




To seek Council’s approval for the Draft Permit Parking Scheme Policy, which has been reviewed in accordance with the current Public Parking Strategy and RMS Permit Parking Guidelines. The review includes a new Commuter Parking Permit and associated fee which is available to residents of Burwood south of Liverpool Road, as well as the inclusion of guidelines for temporary one-day permits.


1. That Council approve the Draft Permit Parking Scheme Policy in principle with the following amendments:

A Limit on the number of Commuter Parking Permits to be issued per zone.

Commuter Parking Permits to be issued on a 12 month renewable basis. Commuter Parking Permit holders must rotate their vehicle within the

Permit Parking Zone area. Commuter Parking Permits can be revoked by Council at any time for

breach of conditions of use.

2. That the fee of $55.00 be placed on public exhibition in accordance with Section Sections 610F and 705 of the Local Government Act 1993.

3. That the results of the public exhibition be reported to Council.

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

(ITEM 129/15) ADOPTION - REVISED USER FEES FOR COUNCIL SERVICES POLICY


To seek Council’s approval of the revised User Fees For Council Services Policy. The Policy seeks to provide a transparent and consistent approach to pricing determinations, based on guiding principles, with respect to fees made by Council under Section 608 of the Local Government Act 1993.


That Council adopt the revised User Fees For Council Services Policy.

(Moved Councillor Sally Deans/Seconded Councillor Justin Taunton)

(ITEM 130/15) ADOPTION - DRAFT PETITION POLICY


This report seeks Council’s adoption of the Draft Petition Policy which has been created to provide guidance to any person with a direct interest in the Burwood Local Government Area, including residents, land owners, business people or other parties, who wish to ask Council to change an existing policy, a decision or take action for a certain purpose or for the benefit of particular person(s).




That Council adopt the Draft Petition Policy.


(ITEM 131/15) INVESTMENT REPORT AS AT 30 NOVEMBER 2015


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

199/15

RESOLVED1. That the investment report for 30 November 2015 be received and endorsed.

2. That the Certificate of the Responsible Accounting Officer be received and noted.

(Moved Councillor Justin Taunton/Seconded Councillor Sally Deans) INFORMATION ITEMS

(ITEM IN42/15) BURWOOD GRAFFITI MANAGEMENT STRATEGY 2011-2015 UPDATE


Burwood Council’s Graffiti Management Strategy 2011-2015 (the Strategy) has been a vital tool in assisting Council to appropriately deal with graffiti in the area. While most graffiti is a non-violent and non-invasive crime, it nevertheless costs tens of thousands of dollars annually to address. In addition graffiti is known to make community members feel unsafe and contributes to the visual degradation of an area.

The Strategy has allowed Council to formulate targeted responses to graffiti over the past four years, to take a proactive approach to preventing graffiti and to apply for funding to undertake graffiti management and prevention projects. Graffiti management requires a ‘whole of community’ response and the Strategy has facilitated a collaborative approach, where Council Officers have worked with local police, schools and youth groups and the wider community.

For Council’s information, below are highlights of actions taken under the Strategy during its four year implementation.

1. Council continued its rapid removal service from Council buildings and facilities, removing all graffiti within stipulated timeframes, i.e. within 48 hours for graffiti containing offensive or illicit content and within two weeks for all other graffiti.

2. Council successfully applied to the Attorney General’s Department for $85,300 for the Wipe Out Graffiti Hotspot Project. This funding allowed Council to undertake a number of actions including:



The purchase of high quality graffiti removal equipment for Council’s graffiti removal truck. The truck also received additional storage items so the equipment could be secured within the vehicle.

Establishing of VANDALTRAK, an online graffiti reporting and management system, which allows better coordination of graffiti reporting, tracking and identification of ‘hotspots’, specific vandals ‘tagging’ and assisting police to charge vandals.

Coordination of an early intervention project with the local PCYC to identify young people with a history of offending or at risk of offending in relation to graffiti. This project involved educating young people on the impact of graffiti vandalism and accrediting them with a ‘White Card’ so that they could undertake graffiti removal in the area.

The development of a semi-permanent mural at Flockhart Park, a known graffiti hotspot, the mural was painted by participants in the early intervention program detailed above.

The purchase of a CCTV unit, sensor lights and plant greenery in targeted hotspot locations to deter graffiti vandalism.

3. Regular promotion of the Graffiti Reporting Line and communicating how community members can report graffiti to Council for removal has improved reporting levels.

The Strategy has now reached the end of its four year duration. A new Graffiti Management Strategy is currently being developed and will be reported to Council for adoption in early 2016. In the meantime, Council will continue with its effective program of graffiti reporting and removal.

No Decision – Information Item Only

(ITEM IN43/15) ANSWERS TO QUESTIONS WITHOUT NOTICE - COUNCIL MEETING OF 23 NOVEMBER 2015


At the Council Meeting of 23 November 2015 the following Questions without Notice (QWN) were submitted by Councillors. Council Officers responded to the QWN and Councillors were notified on 2 December 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 23 NOVEMBER 2015

Question Response

Q49 – Councillor Justin Taunton

Can an update be provided on the progress of traffic and safety issues on roundabout near 290 Burwood Road, following questions I asked in September Council Meeting?

Manager Traffic & Transport

An investigation of the intersection and crash data has been undertaken. The analysis found that a traffic calming device on the southbound approach to the roundabout would assist in preventing accidents which may result in damage to the property at 290 Burwood Road. A report from the Burwood Local



Traffic Committee recommending the installation of a speed cushion was adopted at the 23 November 2015 Ordinary Meeting. The installation of the speed cushion will be completed by 31 January 2016.

Q50 – Councillor Lesley Furneaux-Cook

Can Council confirm that it re-submitted its merger proposal as per its meeting on 9 June 2015 to IPART and were there any alterations?

Executive Manager

As Burwood Council was deemed fit by IPART, it did not have to make any further submissions to IPART.

However, Council was asked by the Department of Premier and Cabinet to confirm its position through an online portal set up for this purpose. This was done, in line with the Council report and resolution of 9 June 2015.


In the former Library a 15 minute library drop off zone for library users was available. Why has this not be transferred over to the new site (for non-residents)?

Senior Manager, Community & Library Services

There were not any 15 minute parking facilities around the old library site, however, Council did install some ‘No Parking’ restrictions in Marmaduke Street in 2011 to assist with the pick-up and drop-off of passengers. There are currently ‘No Parking’ restrictions at the rear of the new Library in Hornsey Street which can be utilised in the same way for the pick-up and drop-off of passenger


What are the provisions for Council representation on the JRPP if our representatives are not available? It is my understanding at the last JRPP meeting that there was no Councillors Representation?

Deputy General Manager Land, Infrastructure & Environment

Council appoints two of the five members to the Joint Regional Planning Panel, the remaining three members are appointed by the Minister for Planning. A quorum consists of three of the five members of the Panel, therefore, if Council’s two representatives are not in attendance a Panel meeting can still proceed.

Q53 – Councillor John Faker

Can the graffiti along the Croydon Railway Bridge at The Strand be removed? Why has the Graffiti Team taken so long to remove it?

Senior Manager Civil Construction & Operations

Railway infrastructure, including rail bridge walls, are the property of RailCorp, therefore, they are the authority responsible for the maintenance of these structures



including graffiti removal. The only exception that would result in Council removing graffiti from another authority’s structure is if it were deemed offensive in nature therefore requiring urgent removal. Council has reported the current graffiti on the Croydon Railway Bridge to RailCorp. Graffiti can be reported 24 hours a day by calling 131 500.


(ITEM IN44/15) PETITIONS


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

19 November 2015

Residents complaining about traffic problems – Park Avenue and Victoria Street West, Burwood

24 0 Land, Infrastructure & Environment

Comments

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


CONFIDENTIAL ITEMS - CLOSED SESSION200/15 RESOLVED

That the meeting move into closed session in order to consider Items 132/15 43 Brighton Street Croydon – Proposed Renewal of Lease of Community Land to Pallamar (Holdings) Pty Ltd to be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (d) of the Local Government Act 1993, as the matter involves commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and Item 133/15 Burwood Park Pavilion Shade Structure to be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (c) (d) 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 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.




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 6.30 PM THE PUBLIC AND PRESS EXCLUDED FROM THE MEETING.

THE MEETING RESUMED IN OPEN SESSION AT 6.40PM

(ITEM 132/15) 43 BRIGHTON STREET CROYDON - PROPOSED RENEWAL OF LEASE OF COMMUNITY LAND TO PALLAMAR (HOLDINGS) PTY LTD

File No: 15/53522That 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.


1. That Council approve the renewal of the lease of premises 43 Brighton Street Croydon to Pallamar (Holdings) Pty Ltd for a period of five years at a rental of $67,221(excl. GST) pa with annual CPI increases, subject to:

a. The lease being advertised in accordance with Section 47A of the Local Government Act 1993 and any submissions received being taken into consideration.

b. The General Manager making any minor amendments to the lease in order that it complies with the intentions in this report.

2. That the General Manager be authorised to execute the lease agreement and any other associated documentation under his Power of Attorney.


(ITEM 133/15) BURWOOD PARK PAVILION SHADE STRUCTURE

That above item be considered in Closed Session to the exclusion of the press and public in accordance with Section 10A(2) (c) (d) 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 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.


1. That MakMax Australia be awarded the tender for the design, supply, delivery



and installation of the Burwood Park Pavilion Shade Structure, tender 5/15, at the fixed lump of $206,764 (two hundred and six thousand, seven hundred and sixty four dollars) excluding GST.

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

(Moved Councillor Taunton/Seconded Mannah)

QUESTIONS WITHOUT NOTICE

The following Questions Without Notice were submitted at the Meeting:

Councillor Lesley Furneaux-Cook

Question 1:

PLC is undergoing major renovations near Meta Street, Croydon, given the age of the building, does the school have an Asbestos Removal Plan in place?

Question 2:

What is the process of appeal by Council or other parties to the determination by the JRPP especially if Council has made an objection and was unable to be represented on the Panel?

This concluded the business of the meeting and Council rose at 6.45 pm.

Confirmed this 23rd Day of February 2016.

MAYOR GENERAL MANAGER


Documents

Pro-Forma Minutes of Burwood Council Meetings - 7 ... · Web viewNo demolition work shall be carried out on Sundays or Public Holidays. The owner/builder shall be responsible for