BURWOOD COUNCIL MEETINGS · 2011-11-25 · MINUTES OF BURWOOD COUNCIL MEETINGS 18 OCTOBER 2011 This is page 2 of the Minutes of the Ordinary Meeting of Burwood Council held on 18

This is page 1 of the Minutes of the Ordinary Meeting of Burwood Council held on 18 October 2011

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 Tuesday 18 October 2011 commencing at 6.10pm. ATTENDANCE Councillor Christine Donayre

Councillor John Faker (Mayor) Councillor Lesley Furneaux-Cook Councillor Henson Liang Councillor Ernest Wong (Deputy Mayor) Mr B Macdonnell, Acting General Manager Ms V Lee, Deputy General Manager Corporate, Governance & Community Mr T Briscese, Executive Manager Mr W Armitage, Acting Chief Finance Officer Mr B Olsen, Manager Building & Development Ms D Luo, Manager Strategic Planning Mr H Gavrilis, Manager Health & Environment Ms C Boer, Acting Manager & Media Communications Mr B Mortimer, Manager Organisational Development Ms P Viney, Governance Co-ordinator Ms Y Tome, Governance Officer

OPENING OF MEETING The Mayor opened the meeting with a prayer. OPEN FORUM Name Item

Robin Micheletti 5 Lyons Street Strathfield

Review of infringement notice

APOLOGIES

194/11 RESOLVED (Carried Unanimously) That an apology be granted to Councillor John Sidoti. A leave of absence was granted to Councillor Sally Deans on 26 August 2011 for the September, October and November 2011 Council Meetings.

(Moved Councillor Henson Liang/Seconded Councillor Christine Donayre)

MINUTES OF BURWOOD COUNCIL MEETINGS 18 OCTOBER 2011


DECLARATIONS OF INTEREST Councillor John Faker declared a conflict of interest in Item 114/11 Planning Proposal for 22-30 Coronation Parade, Enfield as the owner is related to him. He will remove himself from the debate. Councillor John Faker declared a conflict of interest in Item 116/11 No. 17-19 Conder Street, Burwood – Construction of a part 5 and part 3 storey residential flat building, consisting of 20 apartments over basement car parking – Development Application No 104/2011 as the owner is related to him. He will remove himself from the debate. Councillor John Faker declared a conflict of interest in Item 129/11 Revised Tree Preservation Order as he has had a recent application for a Tree Preservation Order, and will remove himself from the debate. Councillor Henson Liang declared a less than significant non pecuniary interest in Item 114/11 Planning Proposal for 22-30 Coronation Parade, Enfield as his previous firm and staff may have conducted business with the applicant. Councillor Lesley Furneaux-Cook declared a non pecuniary less than significant interest in Item IN30/11 Petitions in relation to 44 Belmore Street, Burwood as she lives nearby the premises. DECLARATIONS OF POLITICAL INTEREST There were no declarations of political interests by Councillors.

CONFIRMATION OF MINUTES

195/11 RESOLVED (Carried Unanimously) That the minutes of the Extraordinary and Ordinary Council Meeting of Burwood held on Tuesday 27 September 2011, as circulated, be confirmed and signed as a true record of the proceeding of the meeting.

(Moved Councillor Lesley Furneaux-Cook/Seconded Deputy Mayor Ernest Wong) ADDRESS BY THE PUBLIC ON AGENDA ITEMS Name Item

Mr Les Carlisle-Jones 1/32 Coronation Parade Enfield

Item 114/11 – Planning Proposal 22-30 Coronation Parade, Enfield

Mr George Georgiou 14 Bay Street Croydon


Mr James McGhee Marvay Consulting in Property


Mr Brad Roeleven 364 Kent Street Sydney


Mr Grant Bobbs 4 Stanley Street Burwood

Item 116/11 17-19 Conder Street, Burwood – Construction of a part 5 and part 3 storey residential flat building, consisting of 20 apartment over



basement car parking – Development Application No 104/2011

Mr Steve Kennedy 51 Nelson Street Annandale

Item 116/11 17-19 Conder Street, Burwood – Construction of a part 5 and part 3 storey residential flat building, consisting of 20 apartment over basement car parking – Development Application No 104/2011

Mr Yadiraja Tekkatte 43 Stanley Street Burwood

Item 116/11 17-19 Conder Street, Burwood – Construction of a part 5 and part 3 storey residential flat building, consisting of 20 apartment over basement car parking – Development Application No 104/2011

REPORTS OF COMMITTEES

(ITEM RC8/11) BURWOOD LOCAL TRAFFIC COMMITTEE 6 OC TOBER 2011 File No: 11/36936

Summary Attached are the Minutes of the Burwood Local Traffic Committee from its meeting of 6 October 2011. The Minutes are hereby submitted to the Ordinary Council Meeting for formal consideration and adoption by Council.

196/11 RESOLVED (Carried Unanimously) That the minutes of the Burwood Local Traffic Committee of 6 October 2011 be noted and the recommendations of the Committee as detailed below be adopted as a resolution of the Council. (ITEM T.21/11) AUSTRALIAN RED CROSS BLOOD SERVICE V AN That Council approve the road occupancy for the Australian Red Cross Blood Service Van adjacent to 48-60 George Street on the following dates subject to the conditions below.

• Tuesday 10 January 2012 • Tuesday 13 March 2012 • Tuesday 10 April 2012 • Tuesday 12 June 2012 • Tuesday 10 July 2012 • Tuesday 11 September 2012 • Tuesday 9 October 2012 • Tuesday 11 December 2012

1. All dates are to operate between the hours of 8.30am and 4.30pm, and are for the

blood donation van only. 2. All affected businesses, residents and other occupants must be notified of the road

occupancy and activities at least one week prior to the commencement of the event. Any concerns or requirements raised by business proprietors, residents and other occupants must be resolved or accommodated by the applicant.

3. The areas to be used for the activities must be maintained in a clean and tidy

condition to the satisfaction of Council’s Manager Traffic and Transport, or else the applicant will be required to reimburse Council for any extraordinary cleaning costs.

4. Council and RTA be indemnified against all claims for damage or injury that may



result from either the activities or from the occupation of part of the public road way. The applicant must produce evidence of public risk insurance cover with a minimum policy value of $20,000,000 indemnifying Council and the RTA from any future claims that may arise from the activities undertaken by The Australian Red Cross.

5. A copy of the Council approval letter must be available onsite for inspection by

Council officers upon request. 6. The applicant shall comply with any reasonable directive from Council’s

Compliance Officers. 7. Council reserves the right to cancel the approval at any time.

(ITEM T.22/11) BELMORE STREET, BURWOOD - INSTALLATI ON OF PEDESTRIAN CROSSING That the raised traffic threshold between 29-31 Belmore Street and 34 Belmore Street be converted to a raise pedestrian crossing, with all relevant signs and line marking, as per the plan presented at the meeting. (ITEM T.23/11) LUCAS ROAD, BURWOOD- INSTALLATION OF A DISABLED PARKING SPACE 1. That Council install a 7.0m Disabled Parking Space in front of 29 Lucas Road as per the

plan presented at the meeting. 2. That the use of the Disabled Parking Space is reviewed in 12 months. (ITEM T.24/11) RAILWAY PARADE, BURWOOD- INSTALLATIO N OF NO PARKING ZONES That Council convert the existing NO PARKING infront of St Nectarios Church, at 26 Railway Parade, to NO PARKING - WEDDING AND FUNERAL VEHICLES EXCEPTED, as per the plan presented at the meeting. (ITEM T.25/11) MARMADUKE STREET, BURWOOD- INSTALLAT ION OF NO PARKING ZONE That Council approve the installation of a 5.4m NO PARKING zone on the eastern side of Marmaduke Street opposite Deane Street as per the plan presented at the meeting to allow for the pick up and drop off of library patrons.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Henson Liang)

PROCEDURAL MOTION

197/11 That Items 114/11 Planning Proposal for 22-30 Coronation Parade, Enfield, Item 116/11 No. 17-19 Conder Street, Burwood – Construction of a part 5 and part 3 storey residential flat building, consisting of 20 apartments over basement car parking – Development Application 104/2011 and 129/11 Revised Tree Preservation Order be moved to the last items on the Agenda following Item 31/11 Annual Report 2010-11.

(Moved Deputy Mayor Ernest Wong/Seconded Councillor Henson Liang)



GENERAL BUSINESS

(ITEM 112/11) ADOPTION OF AUDITED FINANCIAL REPORT S FOR THE YEAR ENDED 30 JUNE 2011 File No: 11/36578

Summary 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 (Urgent Issues Group Consensus views) 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.

198/11 RESOLVED (Carried Unanimously) 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: 1. 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.16; and the Australian Accounting Standards.

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

b) These reports accord with the Council’s accounting and other records.

2. That Council note that the 2010/11 Audited Financial Reports and Auditor’s Report were forwarded to the Division of Local Government on 5 October 2011.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre)

(ITEM 113/11) INVESTMENT REPORT AS AT 30 SEPTEMBER 2011 File No: 11/36531

Summary 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.

199/11 RESOLVED (Carried Unanimously) 1. That the investment report for 30 September 2011 be received and endorsed. 2. That the Certificate of the Responsible Accounting Officer be noted and the report

adopted.

(Moved Councillor Henson Liang/Seconded Councillor Christine Donayre)



(ITEM 115/11) 121 BURWOOD ROAD, BURWOOD - DEVELOPM ENT APPLICATION 96/2011 - ALTERATIONS AND ADDITIONS AND STRATUM SUB DIVISION TO BURWOOD HOTEL File No: 11/34357

Applicant: Blairgrove Pty Ltd Location: South Western corner of Burwood Road and Railway Parade

Burwood Zoning: B4 Mixed Use – Burwood Town Centre Proposal This application proposes alterations to an existing hotel with the enlargement of existing openings to the first floor Burwood Road (eastern) and Railway Parade (northern) facades, the installation of three vertical vergola style sky lights to the existing roof, the addition at first floor level of a Victorian style hipped roof verandah to the Burwood Road and Railway Parade façade of the buildings. The verandah has an area of 46m2, will be cantilevered over the existing awning over the footpath area and is to extend from approximately 8.8m along the Railway Parade façade extending around the splayed corner of the building for a further 10.95m along the Burwood Road frontage of the site. The openings vary in width from 2.4 to 4.4m and are full floor to ceiling in height. Also proposed is a stratum subdivision of the air space where the verandah will be located to enable the applicant to enter into a lease with Burwood Council and have the lease registered with the Land Management Authority in a similar fashion to the leases that Council entered into with Westfields and the Avondale Hotel for structures that are over or under Council land.

200/11 RESOLVED (Carried Unanimously) 1. That Council assume the Director-General’s concurrence in varying the minimum lot size

as set out in Clause 4.1 of Burwood LEP 2010 and the accompanying Lot Size Map. 2. Approval is subject to a condition requiring leasing of the air space above the Council

road reserve prior to the commencement of construction and registered with Land and Property Information NSW to the satisfaction of the General Manager.

3. That Development Application 96/2011 that proposes internal alterations and the erection

of a first floor verandah over an existing awning over Burwood Road and Railway Parade and the stratum title subdivision of the air space of the proposed first floor verandah at Burwood Hotel at 121 Burwood Road, Burwood be APPROVED subject to the following conditions.

4. The balcony area shall be provided with an adequate number of suitable closed

containers for the disposal of refuse cigarette butts, papers and such. The Applicant shall ensure all waste is disposed of in the proper manner and not discarded over the balcony rail to Burwood Road or Railway Parade.

5. The development being carried out in accordance with the plans submitted on 7 July 2011, 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 .

TABLE OF FEES

FEES/BONDS TO BE PAID TO COUNCIL OR TO THE NOMINATE D BODY PRIOR TO ISSUING A CONSTRUCTION CERTIFICATE

(2) Building and Construction Industry Long Service Corporation Levy $630

(Payment to be made to Council, the Corporation or its Agent) (3) Damage Deposit - security deposit against damage occurring to Council's assets

(pedestrian fencing, footpath, road, stormwater, kerb and gutter, etc) during building work $8000 (Payment to be made to Council 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 Certifyin g Authority (PCA) an inspection

fee is to be paid.

This fee is for three 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).

PLANNING (1) The proposed roller shutter to the enlarged first floor openings shall be deleted and

replaced with suitable opaque safety glazing. Plans shall be amended accordingly prior to issue of a Construction Certificate.

(2) Samples and details of all external surface materials, including glazing, metal louvres,

verandah and vergola details being submitted for Council's approval, prior to the issuing of a Construction Certificate.

(3) There shall be no advertising signage displayed on the cantilevered first floor

verandah, or any of the enlarged openings without the consent of Council being obtained beforehand.

(4) The applicant shall enter into a lease with Council for that part of the airspace over

Railway Parade and Burwood Road over which the proposed first floor verandah of the Burwood Hotel shall be located. The applicant will bear Council’s costs and legal expenses incurred in preparing, negotiating and finalising the lease, the subdivision to create the lease lot and all other necessary documentation to effect the transaction. The applicant will execute and submit to Council the lease and other documentation required by Council to finalise this transaction prior to the commencement of construction.

(5) Prior to any works commencing on the enlarged openings or the new first floor

verandah the applicant shall lodge an application to Council for an overhead protective hoarding. The hoarding application shall be approved and erected in place, to ensure public safety is maintained prior to the above nominated works being commenced.

(6) Should any portion of the proposed development encroach onto a public roadway or



footpath at any height above that roadway or footpath, prior approval must be obtained from Energy Australia for such encroachment. The Engineer Mains Construction should be consulted on 02.9713-3244 to ascertain what action, if any, is necessary in this regard. The applicant shall liaise with all relevant service authorities prior to construction commencing in respect of any approvals necessary for the works to be carried out.

(7) Gaming machines must not be visible or attract the attention of member of the public

through any doorway or opening when viewed from Burwood Road or Railway Parade pursuant to Section 44A of the Gaming Machines Act 2001.

(8) Any damage to Council’s assets including pedestrian fencing along Railway Parade or

Burwood Road shall be at full replacement cost of the applicant. Any proposal for the temporary removal of the pedestrian shall be subject to a separate submission to Council for approval and all such associated costs shall be borne by the applicant.

(9) The applicant is advised that in the interest of public safety Council will not consent to

the temporary closure or occupation of the kerb side lane of either Railway Parade or Burwood Road during any construction works. This includes deliveries of materials to or from the site.

(10) The air space above the Council road reserve shall be leased from Council to the

satisfaction of the General Manager prior to the commencement of construction and registered with Land and Property Information NSW.

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 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 Amendment Act)

(4) 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 . (5) 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 .

(6) Illuminated exit signs complying with Australian Standard 2293 - Emergency Lighting

in Buildings, E4.5 and E4.8 of the Building Code of Australia, must be installed on, above or adjacent the doors referred to in E4.5 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 .

(7) A Fire Safety Certificate (copies available from Council) is to be given to the Certifying

Authority prior to applying for an Occupation Certificate or Interim Occupation Certificate 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 properly 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 New South Wales Fire Brigades 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)

(8) All building work must be carried out in accordance with the provisions of the Building

Code of Australia. (9) 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.

(10) No work involving the use of mechanical plant and equipment 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.

(11) Hours of work shall be from 7:00am to 5:30pm Mondays to Fridays inclusive, and from

7:00am to 1:00pm Saturdays. No construction 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.



(12) 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)

(13) The building works are to be inspected during construction by the Principal Certifying

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

SCHEDULE OF CONSTRUCTION STAGES REQUIRING INSPECTION

� After excavation for, and prior to the pouring of, any footings; � Prior to pouring any in-situ reinforced concrete building element; � Prior to covering of the framework for any floor, wall, roof or other building

element; � Prior to covering waterproofing in any wet areas; � Prior to covering any stormwater drainage connections; and � After the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

(14) 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 building work .

ENGINEERING (1) All activities and works external to the site, or that affect public roads, are to be carried

out in accordance with Council's Code for Activities Affecting Roads. (2) A road-opening permit shall be obtained for all works carried out in 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 restoration rates. The applicant or any contractors carrying out works in public or Council controlled lands shall have public liability insurance cover to the value of $10 million, and shall provide proof of such cover to the Principal Certifying Authority prior to carrying out the works.

(3) Spoil and building materials shall not be placed, stored or caused to fall within 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 only carry out two inspections of the Council's footpath, kerb and

gutter, 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) Stormwater from extended roof surfaces shall be collected and discharged by means

of a gravity pipe to Council's underground street drainage system. (7) 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. SUBDIVISION (1) Submission of a Final Survey Plan of Subdivision to the Principal Certifying Authority

in accordance with the requirements of the Land & Property Management Authority (2) A Section 73 Compliance Certificate under the Sydney Water Act, 1994 must be

obtained. Application must be made through an authorized Sydney Water Servicing Coordinator (for details see e-Developer at www.sydneywater.com.au or telephone 13-20-92). The Section 73 Certificate must be submitted to the Principal Certifying Authority (PCA) prior to the release of any Linen Plan of subdivisi on and/or Occupation Certificate of the development.

ADVISORY NOTE FROM RAILCORP 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 and Infrastructure’s document titled “Development Near Rail Corridors and Busy Roads – Interim Guidelines”.




Councillors Lesley Furneaux-Cook and Henson Liang called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Donayre Councillor Wong Councillor Faker Councillor Liang Councillor Furneaux-Cook Total (5) Total (0)

(ITEM 117/11) DRAFT BURWOOD DEVELOPMENT CONTROL PL AN PART 17 - WASTE MANAGEMENT File No: 11/36741

Summary This Development Control Plan (DCP) was originally adopted by Council in August 2000. The Plan aims to ensure that all waste management matters associated with new development proposals are consistent with sustainable waste management principles and a maximisation of resources recovery. The revised DCP incorporates current waste management practices and takes into account directives and practices promoted by the New South Wales Government.

201/11 RESOLVED (Carried Unanimously) 1. That Council resolve to endorse the draft Development Control Plan 17 – Waste

Management for public exhibition. 2. That the draft DCP 17 be publicly exhibited in accordance with the statutory

requirements of the Environmental Planning & Assessment Act 1979 and Regulation 2000.

3. That following the completion of the public exhibition process, a report be provided to

Council detailing the results of the public exhibition of the draft DCP 17.


(ITEM 118/11) PUBLIC EXHIBITION OF AMENDMENT TO DE VELOPMENT CONTROL PLAN PART NO. 38 - SINGLE DWELLING HOUSES AND ANCIL LARY STRUCTURES File No: 11/34945

Summary A draft amendment to Development Control Plan (DCP) Part No. 38 – Single Dwelling Houses and Ancillary Structures has been publicly exhibited from 23 August 2011 to 23 September 2011. No submissions have been received during the exhibition period. Council’s adoption of the DCP Amendment is recommended.

202/11 RESOLVED (Carried Unanimously) 1. That Council adopt the amendment to Development Control Plan (DCP) Part No. 38 –

Single Dwelling Houses and Ancillary Structures.



2. That a notice be placed in the local press to advise interested parties of the amended DCP Part in accordance with the Environmental Planning and Assessment (EP&A) Regulation 2000.

(Moved Councillor Henson Liang/Seconded Deputy Mayor Ernest Wong)

(ITEM 119/11) CONDUCT OF THE LOCAL GOVERNMENT ELEC TIONS - SEPTEMBER 2012 File No: 11/34496

Summary To seek the Council’s decision on who will administer the September 2012 Local Government Election in accordance with the Local Government (Amendment) Elections Act 2011 and Section 296 of the Local Government Act 1993.

203/11 RESOLVED (Carried Unanimously) 1. That Council appoints the NSW Electoral Commission to administer its September 2012

Local Government Elections. 2. That the General Manager notifies the NSW Electoral Commission and the Chief

Executive of the Division of Local Government prior to 30 November 2011. 3. That the General Manager advises the NSW Electoral Commission of Council’s

concerns in relation to the lack of financial information associated with the elections process and the requirement to provide a financial proposal for any future elections.

4. That Council supports the concept of clustering and investigates this matter with smaller Councils, such as Ashfield and Strathfield with a view to reducing costs for rate payers.

(Moved Councillor Lesley Furneaux-Cook/Seconded Deputy Mayor Ernest Wong)

(ITEM 120/11) ENDORSEMENT - SUSTAINABLE EVENT MANA GEMENT POLICY File No: 11/34960

Summary The Sustainable Event Management Policy is a 2010-11 requirement of the Office of Environment and Heritage’s Waste and Sustainability Improvements Payment (WaSIP) program. This report seeks Council’s endorsement of the Sustainable Event Management Policy.

204/11 RESOLVED (Carried Unanimously) That Council endorse the Sustainable Event Management Policy.

(Moved Councillor Christine Donayre/Seconded Councillor Henson Liang)



(ITEM 121/11) DRAFT AGEING STRATEGY

File No: 11/36187

Summary This is the first Ageing Strategy that Burwood Council has developed and is delivered in the context of extensive international and national research relating to healthy ageing, and policy initiatives relating to ‘Positive Ageing’. The Ageing Strategy provides a clear vision of an inclusive, active and engaged community which celebrates the contributions of older community members, and provides a ‘whole of Council’ approach to achieving the aspirations of Burwood’s current and future older residents, and the broader community of the Burwood LGA. The Strategy will enable Council to plan its delivery of services in the context of an ageing population and at a local level in the Burwood Local Government Area. Council is being requested to approve the Strategy.

205/11 RESOLVED (Carried Unanimously) That Council approves the Draft Ageing Strategy 2011-2016.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Henson Liang)

(ITEM 122/11) CRICKET NSW INC - HENLEY PARK SPORTS GROUND DONATION File No: 11/36584

Summary Cricket NSW has requested that Council consider a donation of $510.00 to meet the cost of the hire fees to use the Henley Park cricket fields for the Milo Cup cricket competition which is held every year across the school term four. Approximately 40 local days are held across the Sydney Metropolitan Area. The Milo Cup is a free gala day for primary schools and involves round robin kanga cricket matches. The Western Suburbs/Wiley Park division is to be held on 3 November 2011 at Henley Park.

206/11 RESOLVED (Carried Unanimously)

That Burwood Council makes a donation to Cricket NSW equivalent to the playing ground hire fee of $510 including GST for one day park hire.

(Moved Councillor Christine Donayre/Seconded Deputy Mayor Ernest Wong)

(ITEM 123/11) COUNCILLORS' EXPENSES & FACILITIES P OLICY - RESULTS OF PUBLIC EXHIBITION File No: 11/35131

Summary Council resolved at its Meeting of 23 August 2011 to place the Draft Councillors’ Expenses & 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.




That the matter be deferred to the November 2011 Council Meeting.

(Moved Deputy Mayor Ernest Wong/Seconded Councillor Christine Donayre)

(ITEM 124/11) DISCLOSURE BY COUNCILLORS AND DESIGN ATED PERSONS RETURN REGISTER (PECUNIARY INTEREST RETURNS & REGISTER) 2010-2011 File No: 11/35966

Summary In accordance with Section 450A of the Local Government Act 1993:

• The General Manager must keep a Register of Pecuniary Interest Returns and the Returns must be available for inspection by members of the public.

• The General Manager must arrange for the tabling of the Returns at the first meeting held after the last day of the period for lodgement (i.e. the first Council meeting after the end of September.)


That the Ordinary Disclosures by Councillors and Designated Persons (Pecuniary Interest) Returns for the period 1 July 2010 to 30 June 2011 be noted and accepted as tabled.


(ITEM 125/11) PROGRESS REPORT - IMPLEMENTATION OF THE RECOMMENDATIONS OF THE APRIL 2011 ICAC REPORT File No: 11/36484

Summary On 20 April 2011, the ICAC released its findings of the investigation into alleged corrupt conduct involving Burwood Council’s General Manager (previous) and others. At its meeting on 24 May 2011 Council agreed to the proposed action plan for addressing the ICAC recommendations. The attached table details progress in assessing and implementing the 31 recommendations.

209/11 RESOLVED (Carried Unanimously) That Council notes the Progress Report – Implementation of the Independent Commission Against Corruption (ICAC) Recommendations October 2011.




INFORMATION ITEMS

(ITEM IN29/11) ANSWERS TO QUESTIONS WITHOUT NOTICE FOR THE COUNCIL MEETING OF 27 SEPTEMBER 2011 File No: 11/35127

Summary At the Council Meeting of 27 September 2011 Questions without Notice (QWN) were submitted by Councillors. Staff responded to the QWN and Councillors were notified on the 5 October 2011 of the outcome of the QWN.

No Decision – Information Item Only

(ITEM IN30/11) PETITIONS

File No: 11/35732 Summary

Four Petitions have been received by Council. Background

Date Received Petition Subject No. of Household Signatures

Action

27 September 2011

Immediate re-instalment of parking restrictions as originally intended by Burwood Council – Clifton Avenue, Burwood

16 Land, Infrastructure & Environment

5 October 2011 Development Application 2011/146 – 44 Belmore Street, Burwood - Mixed Development


6 October 2011 Excessive noise all day and night at 11-17 Burleigh Street, Burwood


7 October 2011 Restricted parking zones in neighbouring streets, particularly Woodside Avenue East.



(ITEM IN31/11) ANNUAL REPORT 2010-11

File No: 11/35431

Summary Burwood Council’s Annual Report for the period 2010-11 has been prepared in accordance with the Local Government Act 1993 and the Division of Local Government’s Annual Report requirements.




COUNCILLOR JOHN FAKER LEFT THE MEETING AT 6:43PM AS HE DECLARED AN INTEREST IN ITEMS 114/11 PLANNING PROPOSAL FOR 22-30 CORONATION PARADE , ENFIELD, ITEM 116/11 NO. 17-19 CONDER STREET, BURWOOD – CONSTRUCTION OF A PART 5 AND PART 3 STOREY RESIDENTIAL FLAT BUILDING , CONSISTING OF 20 APARTMENTS OVER BASEMENT CA PARKING – DEVELOPMENT APPLICATION NO 104/2011 AND ITEM 129/11 REVISED TREE PRESERVATION ORDER DEPUTY MAYOR ERNEST WONG TOOK THE CHAIR AT 6.44PM

(ITEM 114/11) PLANNING PROPOSAL FOR 22-30 CORONATI ON PARADE, ENFIELD File No: 11/34668

Summary This report seeks Council’s consideration of a Planning Proposal which advocates for an increase in the Floor Space Ratio (FSR) and building height from that which is currently permitted for development at 22-30 Coronation Parade, Enfield. It is recommended that Council endorse the Planning Proposal and forward same to the Department of Planning and Infrastructure (DP&I) for a gateway determination.

210/11

MOTION That Council does not support Planning Proposal as presented.

(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Christine Donayre) Councillors Lesley Furneaux-Cook and Christine Donayre called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST the motion were as follows:

FOR AGAINST Councillor Donayre Councillor Wong Councillor Furneaux-Cook Councillor Liang Councillor Wong (Casting Vote Total (2) Total (3)

MOTION LOST RESOLVED (Carried) That the matter be deferred until the draft LEP is released for public consultation.


Councillors Lesley Furneaux-Cook and Christine Donayre called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR AGAINST Councillor Liang Councillor Donayre Councillor Wong Councillor Furneaux-Cook Councillor Wong (Casting Vote) Total (3) Total (2)



(ITEM 116/11) NO 17-19 CONDER STREET, BURWOOD - CONSTRUCTION OF A PART

5 AND PART 3 STOREY RESIDENTIAL FLAT BUILDING, CONS ISTING OF 20 APARTMENTS OVER BASEMENT CAR PARKING - DEVELOPMENT APPLICATION NO 104/2011 File No: 11/35835

Applicant: Kennedy Associates Architects Location: Western side of Conder Street, between Hornsey and Norwood

Streets Zoning: Mixed Uses B4 – Burwood Town Centre LEP 2010 Proposal The development application proposes the erection of a part 3 and part 5 storey residential flat building, consisting of 4x1 bedroom and 16x2 bedroom residential units over 2 basement car parking levels for 23 cars. The vehicle access into the basement is from the northern end of the Conder Street frontage.

211/11 RESOLVED (Carried) A. That pursuant to the provisions of Clause 4.6 of Burwood LEP 2010, the Objection

submitted to vary the development standard under Clause 4.3 of Burwood Local Environmental Plan 2010, relating to height is considered to be well founded and supported. It is recommended that Council assume the concurrence of the Director General of NSW Planning, for the variation of the development standard.

B. That DA 104/2011 for the erection of a part 3 and part 5 storey residential flat building,

consisting of 20 units (4x1 bedroom, 16x2 bedroom) over 2 basement car parking levels, be Approved, subject to the following conditions:

(1) The development being carried out in accordance with the plans, submitted on

14 July 2011, as amended on 26 August 2011 listed below, except where amended by the conditions of consent:

• Architectural Plans 1038 DA03A–DA14A, DA15-DA27 prepared by

Kennedy Associates Architects

FEES (1) The fees and/or bonds shown in the Table of Fees, are to be paid to Council or

another approved collection agency (the Long Service Levy Corporation and its agents and an approved insurer under the Home Building Act 1989) and suitable evidence of payment is to be provided to the Principal Certifying Authority prior to the issuing of a Construction Certificate .

TABLE OF FEES

FEES/BONDS TO BE PAID TO COUNCIL OR TO THE NOMINATE D BODY

PRIOR TO ISSUING A CONSTRUCTION CERTIFICATE

(2) Building and Construction Industry Long Service Corporation Levy $12,665.00 (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, kerb and gutter, etc) during building work $20,000.00 (Payment to be made to Council prior to issue of a Construction Certificate and/or commencement of demolition/bulk excavation)

NOTE: This deposit is refundable if no damage occurs.

(4) Bond for connection into Council’s Stormwater Pit $53,000.00 (Payment to be made to Council)

(5) If Council is nominated as the Principal Certifying Authority (PCA) an

inspection fee is to be paid.

This fee is for 16 inspections at the rate listed in Council’s current Schedule of Fees and Charges. Any additional inspections, including re-inspections, shall be levied and paid to Council upon booking of an appointment at the rate listed in Council’s current Schedule of Fees and Charges (Payment to be made to Council).

(6) Pursuant to Section 94A of the Environmental Planning and Assessment Act

1979 and the Section 94A Contributions Plan for Burwood Town Centre, the following monetary contribution towards public services and amenities is required:

Contribution Element Contribution A levy of 4 per cent of the cost of carrying out the development, where the cost calculated and agreed by Council is $3,618,549.00

$144,742.00

Index Period December 2010 CPI1 173.1

The above contribution will be adjusted at the time of payment. Applicants are advised to contact Council for the adjusted amo unt 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 Burwood Town Centre.

Note: Credit cards and personal cheques are not accepted for the payment of

Section 94A contributions.

PLANNING (1) Compliance with the Revised BASIX Certificate No. 386243M-03 of 25 August

2011, in regard to requirements for sustainability, and in accordance with the commitments set out in the Certificate.

(2) 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. (3) All works are to be located within the site boundaries. (4) The development is to consist of 20 units (16x2 and 4x1 bedroom). (5) The facades of the building are to be given a variation in finishes and colour

tones to enhance the building, to Council’s satisfaction. The finishes and colours are to be shown on the elevations and provided to and approved by Council, prior to the issue of a Construction Certificate.

(6) The exhaust ventilation system of the basement is to be an integral part of the

building, and is not to be located between the building and / or boundaries. (7) Safety and security night lighting being provided for the development with such

details being incorporated in the landscape plan. (8) All external balustrades are to have a minimum height of 1.2m measured from

the balcony/terrace floor level. Balustrading is to consist of opaque glazing, or be of solid construction.

(9) A minimum of 24 car spaces are to be provided, consisting of 20 residential and

4 visitor spaces. Minimum head room within the basement car park level is to be 2.2m.

(10) A “Work as Executed” drainage plan is to be submitted for Council’s approval

prior to the issuing of either a Final Occupation Certificate or a Subdivision Certificate.

(11) The roof is to be of non-reflective finish to reduce reflection and glare. (12) Any street front fencing is to comply with Council’s Front Fence Code. The

design and materials are to be submitted to Council for approval, prior to the issue of a Construction Certificate .

(13) The landscaping of the site being carried out in accordance with Council’s

Landscaping Code. The landscape plan (as amended by these conditions) must



be submitted to Council for approval, prior to the issuing of an Occupation Certificate . The landscaping is to be maintained at all times following its installation.

(14) The applicant is to consult with Energy Australia to determine the need for an

electricity substation prior to the issuing of a Construction 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 Office prior to the issue of an Occupation Certificate.

(15) Samples and details of all external surface materials being submitted for

Council's approval, prior to the issuing of a Construction Certificate. (16) No drying of clothing being permitted on balcony and patio areas which are

visible from a public place. (17) 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.

(18) 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.

(19) Prior to the issuing of an Occupation Certificate Council is to receive a

payment of pro-rata fees for and receipt from Council of mobile garbage and recycling bins for the development.

(20) Any telecommunication or TV antennae, etc. on the roof are only to serve the

subject development, and not be visible from the immediate public area around the development, and located away from the edges of the building.

(21) The driveway area from the Conder Street frontage to the basement entry, is to

be treated with a variation of paving for a visual break, with details of materials being submitted to Council for consideration, prior to the issue of a Construction Certificate .

(22) Provision of a car wash bay suitably equipped with a tap, hose and drainage, to

Sydney Water requirements. (23) 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 be visible from the public domain area or road. Details are to be provided in the Construction Certificate Plans.

(24) All 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. (25) All common boundary fencing where necessary is to be replaced at the



applicant’s cost. Adjoining owner(s) be notified as required under the Dividing Fences Act.

(26) The finished ground levels adjacent to the western (rear) boundary are to be at

the existing natural ground levels. (27) Provision of sliding vertical louvred privacy/solar protection screens to a

maximum of 30% of the balcony length, along the eastern and western facades of the building. Finishes to panels are to be non-reflective to avoid glare onto adjoining properties.

(28) The ground level entry, foyer, courtyard and landscaping/reflective pool area

shall remain an open linked area, at all times. 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 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 Amendment Act)

(4) 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.

(5) 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:

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 .

(6) A Fire Safety Certificate (copies available from Council) is to be given to the

Certifying Authority prior to applying for an Occupation Certificate or Interim Occupation Certificate 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 properly 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 New South Wales Fire Brigades 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)

(7) 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, or (ii) to an approved chemical closet facility.

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



(8) All building work must be carried out in accordance with the provisions of the

Building Code of Australia. (9) 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

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.

(10) No materials are to be stored on Council's roads, footpaths or parks. (11) No work involving the use of mechanical plant and equipment 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.

(12) Hours of work shall be from 7:00am to 5:30pm Mondays to Fridays inclusive,

and from 7:00am to 1:00pm Saturdays. No construction 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.

(13) 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 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. (14) 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 building work .

(15) Structural engineer's 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 .

(16) 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).

(17) 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) Dilapidation surveys are to be carried out by a Practicing Structural Engineer,

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

SUBDIVISION (1) Submission of a separate application for Strata Subdivision of the development. (2) A Section 73 Compliance Certificate under the Sydney Water Act, 1994 must be

obtained. Application must be made through an authorised Sydney Water Servicing Coordinator (for details see e-Developer at www.sydneywater.com.au or telephone 13 20 92). The Section 73 Certificate must be submitted to the Principle Certifying Authority (PCA) prior to the release of any Linen Plan of subdivision and/or Occupation Certificate of the development.

HEALTH 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 • 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

Waste Management (1) All garbage and recyclable materials emanating from the premises must be

stored in a designated waste storage area. The waste storage area must be:

a. Provided with a hose tap connected to the water supply; b. Supplied with both hot and cold water; c. Paved with impervious floor materials; d. Coved at the intersection of the floor and the walls; e. Graded and drained to a waste disposal system in accordance with the

requirements of the relevant regulatory authority (Sydney Water); f. 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;

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

(2) Each unit is to be provided with a waste cupboard or other storage area 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) Waste and recycling collections are to be carried from Conder Street. To

facilitate this, a hard stand area of sufficient size is to be installed within the property at the Conder Street frontage for the wheeling in and wheeling back of waste and recycling bins. The pathway to the footpath is to be graded so that it is free of any steps or obstruction.

(4) The proposed construction details and screening methods for the required hard

stand area are to be submitted to Council for approval prior to the commencement of construction.

(5) Waste and recycling bins shall be kept in a 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 the grated drain.

(6) Garbage and recycling bins shall only be placed in the nominated collection area

in the evening before the scheduled collection day and shall be returned to the waste storage room on the same day following collection.

ENGINEERING



(1) Stormwater runoff from all roof and paved surfaces shall be collected and

discharged by means of a gravity pipe system to the nearest appropriate Council drainage line.

(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.

(3) 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

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.

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

SCHEDULE OF CONSTRUCTION STAGES REQUIRING INSPECTION

a. Following placement of pipe bedding material. Confirm trench/pipe

location, adequacy of depth of cover, bedding material and depth. b. Following joining of pipes and connection to Council's stormwater system. c. For on-site detention systems:

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

of storage. (ii) Following placement of weep-holes, orifice and/or weir flow control,

outlet screen and overflow provision.

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

(6) Following completion of all drainage works:

a. Works-as-executed plans, prepared and signed by a registered surveyor,

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

b. The Principal Certifying Authority is to be provided with a Compliance

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

(7) A Positive Covenant under section 88E of the Conveyancing Act shall be

created on the title of the property(s) detailing the

i) Overland surface flow path



ii) Finished pavement and ground levels iii) On-site Stormwater Detention system iv) 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) The overland surface flow path ii) Finished pavement and ground levels iii) On-site Stormwater Detention system iv) Pump and rising main system

b. The proprietor agree 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 Titles Office. Evidence that the Instrument has been registered at the Land and Property Information shall be submitted to Council, prior to issuing of an Occupational Certificate.

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

a. A pump and rising main design shall be submitted to the Principal

Certifying Authority and shall satisfy the following conditions:- (i) The holding tank for the pump shall be capable of storing runoff from

a one hour, 1 in 100 year ARI storm event. (ii) The pump system shall consist of two (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.

c. The applicant shall submit written evidence to the Principal Certifying

Authority that a contract has been let for the regular maintenance of the pump system for a minimum period of 12 months. Information to be submitted to the Principal Certifying Authority prior to issuing of an Occupation Certificate.

(9) All activities and works external to the site, or that affect public roads, are to be

carried out in accordance with Council's Code for Activities Affecting Roads. (10) A road-opening permit shall be obtained for all works carried out in 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 restoration rates. The applicant or any contractors carrying out works in public or Council controlled lands shall have public liability insurance cover to the value of $10 million, and shall provide proof of such cover to the Principal Certifying Authority prior to carrying out the works.

(11) Spoil and building materials shall not be placed, stored or caused to fall within

any public roadway or footpath. Waste containers shall be placed in accordance with Council's Rubbish Skips Policy. Contact Council for a list of approved skip bin suppliers.

(12) The builder is to ensure footpaths and roads affected by construction works are

kept safe and prevent any damage to Council property. The builder shall erect and maintain where necessary approved hoardings, barricades, warning signs and night warning lamps to ensure public safety. Pedestrian access across the footpath must be maintained at all times.

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

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

b. Council will only carry out two inspections of the Council's footpath, kerb

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

(14) The following matters apply to the construction of the proposed vehicular



crossing.

a. A vehicular crossing 5.5m wide to Conder Street shall be constructed to Council’s current Vehicular Crossing Policy and specifications at the applicant's cost. Where the applicant or their contractor wishes to carry out the construction, a Construction Permit must be obtained from Council and the related standard conditions and fees will apply.

b. The driveway shall be 1m clear of any pits, lintels, poles and 2m clear of

trees in the road reserve. c. All redundant vehicular crossings shall be removed and replaced with kerb

and gutter and footpath at no cost to Council.

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

(16) 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. The Principal Certifying Authority is to be provided with a Compliance Certificate verifying that this condition has been complied with, prior to the issuing of a Construction Certificate.

(17) Temporary measures shall be provided during demolition, excavation and/or

construction to prevent sediment and polluted waters discharging from the site.

a. 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.

b. The erosion and sediment control plan is to be reviewed by Council or an

Accredited Certifier - Civil Engineering. The Principal Certifying Authority is to be provided with a Compliance Certificate verifying that this condition has been complied with, prior to the issuing of a Construction Certificate.

(18) 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.

(19) Vehicles removing demolished materials from the site shall access and depart

from the site through Conder Street/Railway Parade. Vehicles involved in removing materials from the site shall be limited to an 8 tonne gross weight.

(20) Prior to the issue of a Construction Certificate, an amended Stormwater Plan

(further revision to 11MB4564/D01 Issue D) is to be submitted to Council for approval.

a. The proposed butterfly pit on the layback shall be replaced by a Council’s

standard pit and lintel on either side of the driveway to 1m clear of the



driveway. Should it be across the neighbour’s driveway, the applicant must provide Council with the neighbour’s permission to allow the pipe connection.

b. A detailed plan of the connecting pipeline including the details of

stormwater pits and lintels, long section of the pipeline, pipe-trench cross section etc. shall be provided for Council’s approval.

c. The following matters shall apply to the Council stormwater works listed in

the Table of Fees.

• The Council stormwater works consist of constructing a 375mm Reinforced Concrete pipeline and pits including lintels as per the latest approved stormwater plan.

• An engineering design and calculations prepared by a competent

practicing hydraulic/civil engineer in accordance with Council's Stormwater management Code shall be submitted to the Principal Certifying Authority.

• 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.

• Any adjustments 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.

• All pipes shall be 375mm diameter reinforced concrete spigot and

socket with rubber ring joints. The stormwater works described above shall be constructed at the applicant's expense while the fees as mentioned in the Tables of Fees shall be retained in Council as a bond till the completion of the works to Council engineer’s satisfaction.

• The design is to be reviewed by Council or an Accredited Certifier

Civil Engineering.

d. Where separate titles can or will be created (by subdivision) within the development, all common drainage structures shall be located in common properties.

EXCAVATION

(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 planking and strutting shall be of sufficient strength to retain the sides of excavations. The Principal Certifying Authority shall be provided with a Certificate from a suitably qualified structural engineer verifying the suitability of structural details of proposed shoring before 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, retaining walls must be provided so as to

prevent soil movement; and 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 c. must, at least 7 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.

(5) 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.

(6) No work involving the use of mechanical plant and equipment being carried out

other than between the hours of 7am - 5.30pm Monday to Fridays and 7am - 1pm on Saturdays, with no work at all being carried out on Sundays and Public Holidays.

(7) Hours of construction work shall be from 7am to 5.30pm Mondays to Fridays

inclusive, and from 7am to 1pm Saturdays. No construction work shall be carried out on Sundays. The owner/builder shall be responsible for the compliance of this condition by all sub-contractors, including demolishers.

C. That persons who made the submissions be advised of Council’s decision.

(Moved Councillor Henson Liang/Seconded Deputy Mayor Ernest Wong) Councillors Lesley Furneaux-Cook and Henson Liang called for a DIVISION. The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:



FOR AGAINST Councillor Donayre Councillor Furneaux-Cook Councillor Wong Councillor Liang Total (3) Total (1)

COUNCILLOR HENSON LIANG LEFT THE MEETING AT 8.39PM COUNCILLOR HENSON LIANG RETURNED TO THE MEETING AT 08:38 PM

(ITEM 129/11) REVISED TREE PRESERVATION ORDER File No: 11/38022

Summary The revised Tree Preservation Order (TPO) policy provides improved flexibility and clarification on Council’s tree assessment criteria and other matters raised by the Council.

212/11 RESOLVED (Carried) 1. That the current TPO parts A & B are rescinded by Council. 2. That the revised TPO is adopted by Council. 3. That the revised TPO as a policy apply to the whole Burwood Council area, including

the Burwood Town Centre, until the Comprehensive DCP is in force.

(Moved Councillor Christine Donayre/Seconded Councillor Henson Liang)

CONFIDENTIAL ITEMS - CLOSED SESSION – 8.44PM

213/11 RESOLVED (Carried Unanimously) That the meeting move into closed session in order to consider Items 126/11 Shop C1, 1-17 Elsie Street, Burwood – Approval and Execution of Lease, 127/11 Property Update Sale of Site B and 128/11 Review of Strata Management Statement 1-17 Elsie Street, Burwood such 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.


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

THE MEETING MOVED INTO CLOSED SESSION AT 8.44PM WITH THE PUBLIC AND PRESS EXCLUDED FROM THE MEETING. THE MEETING RESUMED IN OPEN SESSION AT 8.46PM REPORT OF RESOLUTIONS PASSED IN CLOSED SESSION



UPON RESUMPTION THE ACTING GENERAL MANAGER REPORTED THAT THE FOLLOWING RESOLUTIONS HAD BEEN PASSED IN CLOSED SESSION

(ITEM 126/11) SHOP C1, 1-17 ELSIE STREET, BURWOOD - APPROVAL AND EXECUTION OF LEASE File No: 11/37157

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

214/11 RESOLVED (Carried Unanimously) That the recommendations in the Report be approved.

(Moved Councillor Henson Liang/Seconded Councillor Lesley Furneaux-Cook)

(ITEM 127/11) PROPERTY UPDATE SALE ON SITE B File No: 11/37800




(ITEM 128/11) REVIEW OF STRATA MANAGEMENT STATEMENT 1-17 ELSIE STREET, BURWOOD File No: 11/38195



(Moved Councillor Henson Liang/Seconded Councillor Lesley Furneaux-Cook)



QUESTIONS WITHOUT NOTICE The following Questions Without Notice were submitted at the Meeting: Q25 – Councillor Lesley Furneaux-Cook Following up in relation to Wychbury Avenue with unregistered vehicles in the above street. Can Rangers conduct spot checks prior to 7am and letter box drops to appropriate businesses on Parramatta Road to remind them not to park unregistered vehicles on residential streets. Q26 – Councillor Lesley Furneaux-Cook Is it possible for Council to review the approval under delegated authority of the Development Application for 22-30 Coronation Parade, Enfield. This concluded the business of the meeting and Council rose at 8.47pm. Confirmed this 22nd Day of November. MAYOR ACTING GENERAL MANAGER

BURWOOD COUNCIL MEETINGS · 2011-11-25 · MINUTES OF BURWOOD COUNCIL MEETINGS 18 OCTOBER 2011 This is page 2 of the Minutes of the Ordinary Meeting of Burwood Council held on 18

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