COUNCIL
Meeting No 1
Monday 23 February 2015
Notice No 1/1559
Notice Date 19 February 2015
Monday 23 February 2015
2
INDEX TO MINUTES
ITEM
PAGE NO
1.
CONFIRMATION OF MINUTES ............................................................................ 5
2.
DISCLOSURES OF INTEREST ............................................................................ 5
3.
MINUTES BY THE LORD MAYOR –
4.
3.1
STEPHEN CHARLES HALL AM - CONDOLENCES ................................ 6
3.2
TOM UREN AC - CONDOLENCES ........................................................... 8
3.3
FAITH BANDLER AC - CONDOLENCES ............................................... 12
3.4
EXTENSION OF SAFE SPACE FUNDING ............................................ 17
3.5
AUSTRALIAN TECHNOLOGY PARK EVELEIGH ................................. 19
3.6
FUTURE OF LOCAL GOVERNMENT ..................................................... 21
3.7
WESTCONNEX STRATEGIC REVIEW ................................................... 24
MEMORANDA BY THE CHIEF EXECUTIVE OFFICER –
4.1
NOMINATION OF ALTERNATE MEMBER OF THE CENTRAL
SYDNEY TRAFFIC AND TRANSPORT COMMITTEE ........................... 31
4.2
ABORIGINAL AND TORRES STRAIT ISLANDER ADVISORY
PANEL – MEMBERSHIP 2015 – 2017 .................................................... 32
5.
MATTERS FOR TABLING .................................................................................. 35
6.
REPORT OF THE CORPORATE, FINANCE, PROPERTIES AND
TENDERS COMMITTEE - 16 FEBRUARY 2015 ................................................ 36
6.1
DISCLOSURES OF INTEREST ............................................................... 37
6.2
2014/15 QUARTER 2 REVIEW – DELIVERY PROGRAM 20142017 ......................................................................................................... 37
6.3
INVESTMENTS HELD AS AT 31 DECEMBER 2014 .............................. 38
6.4
INVESTMENTS HELD AS AT 31 JANUARY 2015 ................................. 38
6.5
CREATION OF THE NON-RESIDENTIAL ROLL AND CONDUCT
OF THE 2016 LOCAL GOVERNMENT ELECTIONS.............................. 38
6.6
LAND CLASSIFICATION - PROPOSED LOT 205 AT 899 SOUTH
DOWLING STREET ZETLAND ............................................................... 43
6.7
LAND CLASSIFICATION - 20 O'RIORDAN STREET
ALEXANDRIA .......................................................................................... 43
3
Monday 23 February 2015
INDEX TO MINUTES
ITEM
7.
8.
PAGE NO
6.8
TENDER - INSURANCE BROKING SERVICES ..................................... 43
6.9
TENDER - NEW PARK - 25-27 O'CONNELL STREET
NEWTOWN .............................................................................................. 44
6.10
TENDER – CONCRETE AGGREGATE PAVER SUPPLY...................... 44
6.11
TENDER – 50 GLEBE STREET GLEBE – BUILDING
REFURBISHMENT .................................................................................. 45
6.12
TENDER - SUPPLY OF BRONZE SCHOLAR ROCKS AND
BRONZE INLAID PAVERS ..................................................................... 45
6.13
TENDER – 82-106 OXFORD STREET DARLINGHURST
ROOFTOP WATERPROOFING AND REMEDIAL ROOF
REPAIRS ................................................................................................. 45
6.14
TENDER - LIGHT RAIL ENGINEERING CONSULTANT
SERVICES ............................................................................................... 46
6.15
TENDER – ASPHALT ROAD SERVICES PANELS ............................... 46
6.16
TENDER - EVENT CLEANING IN PARKS AND OPEN SPACES .......... 46
6.17
TENDER – ANDREW (BOY) CHARLTON POOL REPLACEMENT OF BOILERS ............................................................... 47
6.18
TENDER - TEMPORARY MARQUEE FOR MARCONI TERRACE ........ 47
6.19
CITY OF SYDNEY BUSINESS AWARDS - SPONSORSHIP OF
NSW BUSINESS CHAMBER BUSINESS AWARDS PROGRAM
2015 AND 2016 ........................................................................................ 48
6.20
SPONSORSHIP - SPRINGBOARD AUSTRALIA 2015 .......................... 48
REPORT OF THE ENVIRONMENT COMMITTEE - 16 FEBRUARY 2015......... 49
7.1
DISCLOSURES OF INTEREST ............................................................... 49
7.2
DRAFT ENERGY EFFICIENCY (BUILDINGS) MASTER PLAN –
PUBLIC EXHIBITION .............................................................................. 49
7.3
HYDE PARK MASTERPLAN IMPLEMENTATION – CONCEPT
DESIGN AND PACKAGES 1 TO 4 – PROJECT SCOPE ....................... 50
7.4
VICTORIA PARK IMPROVEMENTS, CAMPERDOWN –
PROJECT SCOPE ................................................................................... 50
REPORT OF THE CULTURAL AND COMMUNITY COMMITTEE - 16
FEBRUARY 2015 ................................................................................................ 52
Monday 23 February 2015
4
INDEX TO MINUTES
ITEM
9.
PAGE NO
8.1
DISCLOSURES OF INTEREST ............................................................... 52
8.2
SPONSORSHIP – 2015 CHINA AUSTRALIA MILLENNIAL
PROJECT ................................................................................................ 53
8.3
DRAFT MARKETS POLICY AND GUIDE – PUBLIC EXHIBITION ........ 53
8.4
ACCOMMODATION GRANT PROGRAM – ALLOCATION OF
PROPERTIES 2015 ................................................................................. 55
8.5
GRANT – ANZAC DAY DAWN SERVICE TRUST INC .......................... 57
8.6
SPONSORSHIP – OZHARVEST 2015 CEO COOKOFF ........................ 57
REPORT OF THE PLANNING AND DEVELOPMENT COMMITTEE - 17
FEBRUARY 2015 ................................................................................................ 58
9.1
DISCLOSURES OF INTEREST ............................................................... 59
9.2
POST EXHIBITION: PLANNING PROPOSAL AND DRAFT
DEVELOPMENT CONTROL PLAN FOR 60 MARTIN PLACE ............... 59
9.3
PUBLIC EXHIBITION - DRAFT SYDNEY DEVELOPMENT
CONTROL PLAN – SIGNS AND ADVERTISEMENTS 2015 .................. 60
9.4
‘A PLAN FOR GROWING SYDNEY’ – SYDNEY
METROPOLITAN STRATEGY UPDATE ................................................ 60
9.5
FIRE SAFETY REPORTS ........................................................................ 62
9.6
DEVELOPMENT APPLICATION: 481-483 ELIZABETH STREET
SURRY HILLS ......................................................................................... 63
9.7
DEVELOPMENT APPLICATION: 3 JOYNTON AVENUE
ZETLAND ................................................................................................. 97
9.8
DEVELOPMENT APPLICATION: 301-303, 355 AND 377-497
BOTANY ROAD ZETLAND - GREEN SQUARE TOWN CENTRE
LIBRARY AND PLAZA .......................................................................... 129
9.9
DEVELOPMENT APPLICATION: 66-72 PITT STREET
REDFERN .............................................................................................. 169
9.10
DEVELOPMENT APPLICATION: 1-5 FLINDERS STREET
SURRY HILLS ....................................................................................... 208
10.
QUESTIONS ON NOTICE ................................................................................. 243
11.
SUPPLEMENTARY ANSWERS TO PREVIOUS QUESTIONS ........................ 261
12.
NOTICES OF MOTION ...................................................................................... 263
5
Monday 23 February 2015
PRESENT
The Right Hon The Lord Mayor Councillor Clover Moore (Chair)
Councillors -
Irene Doutney, Christine Forster, Jenny Green, Robyn Kemmis, Robert
Kok, Edward Mandla, John Mant, Linda Scott and Angela Vithoulkas.
At the commencement of business at 5.07pm, those present were:The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla, Mant,
Scott and Vithoulkas.
The Chief Executive Officer, Chief Operating Officer/Acting Director City Projects and
Property, Chief Financial Officer, Director City Operations, Director Legal and
Governance, Director City Planning, Development and Transport, Director City Life,
Director City Engagement and Director Workforce and Information Services were also
present.
Opening Prayer
The Lord Mayor opened the meeting with prayer and an acknowledgement of country.
ITEM 1
CONFIRMATION OF MINUTES
Moved by the Chair (the Lord Mayor), seconded by Councillor Kemmis –
That the minutes of the meeting of Council of Monday 8 December 2014, as circulated to
Councillors, be confirmed.
Carried unanimously.
ITEM 2
(a)
DISCLOSURES OF INTEREST
Section 451 of the Local Government Act 1993
Councillor Angela Vithoulkas disclosed a less than significant, non-pecuniary interest in
Item 6.14 in that she is a business owner on George Street, the route of the light rail.
Councillor Linda Scott disclosed a less than significant, non-pecuniary interest in Item
6.14 on the agenda, in that her husband works for Transport for New South Wales, but
not on any projects related to the CBD light rail project.
Councillor Scott also disclosed a less than significant non-pecuniary interest in Item 8.3
on the agenda in that she is a former Chair and current member of the Surry Hills
Neighbourhood Centre, which would be affected by the draft Policy, Guide and Schedule
of Fees and Charges for Markets.
Monday 23 February 2015
(b)
6
Local Government
Donations) Act 2008
and
Planning
Legislation
Amendment
(Political
No disclosures were made by any members of the public at this meeting of Council.
Order of Business
At this stage of the meeting, in accordance with Clause 239(2) of the Local Government
(General) Regulation 2005, Council resolved that the Order of Business be altered such
that condolence Notices of Motion 12.4, 12.5 and 12.6 be brought forward and dealt with
in that order before Item 3.4.
It was also agreed that one minute’s silence would occur after all the condolence
motions had been dealt with.
ITEM 3.1
STEPHEN CHARLES HALL AM - CONDOLENCES
FILE NO:
S051491
MINUTE BY THE LORD MAYOR
To Council:
I inform Council of the death of Stephen Charles Hall AM on 24 December 2014, the first
Director of the Sydney Festival and its driving force for most of its first two decades.
Stephen Hall was born in Sydney on 7 November, 1936 into a music loving family. He
was attracted to music, theatre and the combination of both from an early age,
performing in school plays and amateur theatre. After leaving school, he worked for a
short time as a journalist before taking his chance acting in professional theatre. A stint
in London followed, initially onstage, and then increasingly backstage as stage manager
for the Royal Opera Company, Covent Garden. A career highlight was working on
Franco Zefferelli’s legendary 1964 production of Tosca, with Maria Callas and Tito
Gobbi.
Stephen returned to Australia in 1965, eventually moving into arts administration as
acting administrator of the Elizabethan Trust Opera in 1966 and secretary and coordinator of the Australian Elizabethan Theatre Trust in 1968. The impending opening of
the Sydney Opera House saw the Trust Opera transformed into the Australian Opera in
1970 with Stephen as its artistic director. He established a dedicated company orchestra
(now the Australian Opera and Ballet Orchestra), set up and kept together an ensemble
of singers and oversaw the introduction of opera subscription seasons.
Stephen combined his administrative and programming duties with directing operas. He
achieved great success with Gilbert and Sullivan, due partly to his persuading actor
Dennis Olsen to take lead comic roles. Olsen quickly became an Australian Opera
drawcard. Stephen’s final production for the Australian Opera was Verdi’s Aida, staged in
January 1975 on a grand scale in the Opera House’s Concert Hall with a huge cast of
actors, singers, chorus members and school cadets.
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Monday 23 February 2015
Shortly after that production, Sir Asher Joel MLC, then NSW Government’s “go to” man
for major civic events, asked him whether he would revive Sydney’s Waratah Festival,
dormant since October 1973. Stephen responded: “Asher, with all due respect, you can't
breathe life into a corpse.”
Stephen realised it could work if it was moved to January and refocused as a summer
celebration, which targeted Sydney residents holidaying at home. The idea was
embraced by Sydney’s business community, which believed it could breathe life into a
traditionally quiet month. Stephen’s 18 year career as the Sydney Festival’s executive
leader, principal spokesperson and face of the Festival had begun.
During his stewardship, Stephen introduced, oversaw and initiated many of the elements
which are at the heart of today’s Sydney Festival: the free Domain concerts (often with
Joan Sutherland appearing in the early years); a Festival Club; outdoor art installations
and events in the City’s public spaces and a Festival Village in Hyde Park, which has
recently returned to the Festival program. Stephen’s early Festivals also had a grand first
night, complete with fireworks. It was called New Year’s Eve.
Stephen’s first Festival in 1977, stretching from New Year’s Eve to beyond Australia Day,
focused on Sydney Market Buildings in the Haymarket. The program included a grand
parade, an international children’s film festival, a jazz festival, an international music
theatre forum, an Australian Opera summer season, and almost everything else
happening in Sydney in January. It was not all arts and culture. The 1977 Festival
program also lists sporting events, a regatta, skateboard championships and a highland
gathering. Later programs featured a wine and diners picnic which attracted thousands
of people to Hyde Park, a program of activities in Martin Place and a Ferry-thon.
With a desire for a popular Festival with artistic excellence, Stephen began his
transformation of the Festival from a mixture of programmed and umbrella events to the
fully curated Festivals of today. His Festival programs included international companies
and performers such as Roger Woodward, Miriam Margoloyes, Theatre du Soleil,
Theatre de Complicite, Spain’s La Fura dels Baus, Ireland’s Druid Theatre Black Theatre
of Prague and Steven Berkoff's London Company. Australian works were not neglected.
The Ensemble Theatre staged Festival seasons of new Australian plays, with one work,
No Room for Dreamers, subsequently touring Australia and England. The Festival itself
presented the Sydney premieres of the musical Bran Nue Dae, Patrick White’s
Netherwood and Frank Hardy’s Faces in the Street.
Stephen also utilised non-traditional spaces. Nimrod Theatre was encouraged to present
children’s plays on the islands in Sydney Harbour; works were staged on the Opera
House Forecourt and in the grounds of East Sydney Tech (now the National Art School).
As the Sydney Festival grew, Stephen’s skills and experience were called upon for other
tasks. In 1985, he was appointed director of Special Bicentennial Events for the NSW
Government, which included responsibility for openings of Botanical Gardens at Mt
Tomah and Mt Annan, Bicentennial Park at Homebush Bay, Illawarra Performing Arts
Centre, State Library Extensions, Newcastle Foreshore and the two month program for
the Bicentenary in 1988. He also planned the opening night of the Queensland
Performing Arts Centre in 1985.
Stephen Hall left the Sydney Festival in 1994, following a restructure of the Sydney
Festival organisation. He continued to be involved in cultural and civic activities and,
before his death, was actively supporting a movement for a community theatre in
Katoomba.
Monday 23 February 2015
8
RECOMMENDATION
It is resolved that:
(A)
Council observe a minute’s silence to mark the passing of Stephen Charles Hall,
noting his significant contribution to the cultural and civic life of the City of Sydney;
(B)
the Lord Mayor write to Stephen’s partner, Mr Vincent Dalgarno, and brother, Mr
Doug Hall, expressing Council’s condolences; and
(C)
Council request that Sydney Festival Limited consider an appropriate way to
permanently honour Stephen Hall’s contribution and legacy.
COUNCILLOR CLOVER MOORE
Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor Green –
That the Minute by the Lord Mayor be endorsed and adopted.
Carried unanimously.
Note - the Chair (the Lord Mayor) acknowledged the presence in the Council Chamber of
Malcolm Moir, Head of Development Sydney Festival, and other Festival staff; Narelle
Beattie, Chief Operating Officer, Opera Australia; and Justin MacDonnell, Chief
Executive, ANZArts Institute. The Lord Mayor also advised that Stephen’s partner,
Vincent Dalgarno, was unable to attend.
ITEM 3.2
FILE NO:
TOM UREN AC - CONDOLENCES
S051491
MINUTE BY THE LORD MAYOR
To Council:
On Australia Day 2015, we learned about the loss of Tom Uren AC, Parliamentarian for
31 years, Minister in the Whitlam and Hawke Governments, former prisoner of war,
servant of the human family and lifelong advocate for peace, human rights and dignity,
and the urban and natural environment.
Born in Balmain on 28 May 1921, Tom Uren’s values and politics were shaped by the
Great Depression and World War II. His father, a former jockey and jack of all trades,
was often unemployed. His mother pawned household goods to pay the rent, and Tom’s
primary school years were spent barefoot. Tom left school at age 13, taking whatever
work he could find. He was also a keen athlete, taking up swimming, surf lifesaving,
rugby league and boxing.
In May 1939, he joined the Australian Army, three months before Australia declared war
on Germany. While serving in Timor, he was taken prisoner by the Japanese in 1942.
His 21st birthday and the following three were spent as a prisoner of war, forced to work
on the infamous Burma-Thailand railway and later as forced labour in Japan. In 1945 he
witnessed the atomic bomb being dropped on Nagasaki, an atrocity that shaped his
lifelong opposition to nuclear weapons.
9
Monday 23 February 2015
In his first speech to Federal Parliament in 1959, he spoke about his prisoner of war
experience and how it shaped his outlook:
“Our commanding officer was Lieutenant-Colonel “Weary” Dunlop. He was a
remarkable man in many ways. He was not only a great doctor but also a great
soldier. We were known as the “Dunlop” force … the Japanese paid our officers
and medical orderlies an allowance. The non-commissioned officers and men who
worked on the railway were also paid a small wage. This was a sham kept up by
the Japanese to save face under the Geneva Convention.
“In our camp the officers and medical orderlies paid the greater proportion of their
allowance into a central fund. The men who worked did likewise. We were living by
the principle of the fit looking after the sick, the young looking after the old, the rich
looking after the poor.”
Uren compared this approach to that of the British POWs who arrived a few months
later.
“They were about 400 strong. As a temporary arrangement they had tents. The
officers selected the best, the non-commissioned officers the next best, and the
men got the dregs. Soon after … the wet season set in, bringing with it cholera and
dysentery. Six weeks later only 50 men marched out of that camp, and of that
number only about 25 survived. Only a creek separated our two camps, but on one
side the law of the jungle prevailed and on the other the principles of socialism.”
Following the war, Uren drifted from job to job, before securing a management
traineeship with Woolworths. His skill at getting people to work together and help each
other, drawn from his POW experience, ensured he was promoted, despite his lack of
formal education. He was manager of Woolworth’s Lithgow store in the early 1950s,
subsequently returning to Sydney’s western suburbs to manage its new Merrylands
Store. He was already thinking of a political career, having joined the Australian Labor
Party in Lithgow. Once settled in Sydney, he resigned from Woolworths to run his own
shop, giving him more time and freedom for politics.
Uren was elected to the Commonwealth Parliament in November 1958, after defeating
the incumbent Labor MP in a pre-selection ballot, a rarity in those days. As a backbench
MP, he advocated for social justice and peace and was an early opponent of Australia’s
involvement in the Vietnam War.
Following the 1969 elections, Uren was surprised when Gough Whitlam appointed him
as Shadow Minister for Urban Affairs and Cities. Uren had long supported Whitlam’s
rival, Dr Jim Cairns, and it was the policy area closest to Whitlam’s heart. However,
Uren, like Whitlam, represented a western Sydney electorate, and understood the
challenges and needs of people living in growing urban areas. With Whitlam’s
agreement, Uren added responsibility for the environment, making himself Labor’s first
environment spokesperson (and indeed the first for any Australian parliamentary party).
In the three years leading up to the 1972 election, Whitlam and Uren became a
formidable team, putting Commonwealth involvement in cities and the environment on
the political agenda. Their efforts panicked the then Liberal Government to act after
ignoring these issues for over two decades. In May 1971, Prime Minister Billy McMahon
included Environment in a new grab bag ministerial portfolio along with Arts, Territories
and Aboriginal Affairs. In October 1972, just weeks before the Federal election,
McMahon established the National Urban Redevelopment Authority, subsequently
redefined and renamed as the Cities Commission under the Whitlam Government.
Monday 23 February 2015
10
Uren’s chapter in the pre-election book Towards a New Australia outlined his vision and
plans for a Department of Urban Affairs should Labor win government. Noting that 88 per
cent of Australia’s population was congregated in urban areas, he wrote:
“We must draw on visionaries from William Morris on to show how satisfying, how
stimulating our urban environment could be. We socialists have always had the
desire to reside in a serene and gentle surrounding. We seek it not only for
ourselves but for all mankind. We want our fellow citizens to enjoy their
environment. We should conserve and develop the beauty nature provides. We
should strive to enlighten our fellow citizens and thus enable them to appreciate
the beauty around them, to seek their co-operation in protecting and developing it.”
Although Uren served less than three years as Minister for Urban and Regional
Development, his achievements were significant. These achievements stemmed from his
success in gaining Cabinet’s support for his Department’s programs, often against
Treasury resistance. This included obtaining funds to purchase the Glebe estate and
areas of Woolloomooloo, protecting them from being destroyed by rapacious
overdevelopment; providing sewerage to outer urban areas of our cities; introducing
grant programs to support local government initiatives; developing growth centres in
western Sydney, Albury-Wodonga and other areas and helping improve transport,
including Canberra’s first cycle path.
Uren’s personal passion was protecting the National Estate, which he described as
encompassing things “created by people and nature that were unique and beautiful for
future generations.” As Minister he initiated an inquiry into the National Estate, which led
to the establishment of the Australian Heritage Commission and the creation of a
National Register, “comprising those elements of the built and natural environments
which were most worthy of preservation”. Funds were allocated to buying and restoring
buildings, acquiring open space and Aboriginal sites, particularly those facing immediate
threats. Around half the funds were distributed through state governments, local
government and non-government organisations such as the National Trust.
Not all the Whitlam Government’s urban and heritage initiatives survived after it lost
office. Uren continued his advocacy in Opposition, serving as Deputy Leader from 1975
to 1977. He returned to the ministry in 1983, using his position as Minister for Local
Government to increase support for local government.
In late 1990, after leaving Parliament at the March 1990 elections, he travelled to Iraq
with former Australian Democrat Leader Janine Haines to seek the release of Australian
hostages being held as potential human shields following the invasion of Kuwait. In
retirement, he continued to campaign for peace and the environment and became a
strong advocate on behalf of former POWs. He remained involved in Labor politics,
campaigned to protect Sydney Harbour foreshores, opposed Australia’s military
involvement in Iraq and Afghanistan and strongly advocated for former prisoners of war.
Uren summed up his approach to life and public service in a 1993 Australia Day speech,
recalled in his memoir, Straight Left:
“In my years of living, giving and serving our human family is the most rewarding
achievement. When you walk down the street, the beauty of people’s eyes and
faces give you so many rewards. Packer can never buy it, with all his millions.”
Vale Tom Uren, a great Australian.
11
Monday 23 February 2015
RECOMMENDATION
It is resolved that:
(A)
Council observe a minute’s silence to mark the passing of Tom Uren AC, noting his
significant contribution to peace, and conserving, protecting and enhancing the
natural and urban environment; and
(B)
the Lord Mayor write to Mr Uren’s widow, Christine, expressing Council’s
condolences.
COUNCILLOR CLOVER MOORE
Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor Mant –
That the Minute by the Lord Mayor be endorsed and adopted.
Variation. At the request of Councillor Scott, and by consent, the motion was varied by
the addition of a new clause (B) and the renumbering of the original clause (B) to (C),
such that the motion read as follows:
It is resolved that:
(A)
Council observe a minute’s silence to mark the passing of Tom Uren AC, noting his
significant contribution to peace, and conserving, protecting and enhancing the
natural and urban environment;
(B)
Council note Tom Uren’s contribution to the development of Australia’s cities and
local government, and his legacy in relation to the City of Sydney and its
communities, including:
(i)
the protection of Sydney’s urban environment, including the restoration and
protection of the Glebe Estate and Woolloomooloo in the City of Sydney;
(ii)
commitment to the common good and public investment in infrastructure in
matters of urban planning;
(iii)
the establishment of Financial Assistance Grants, providing direct funding of
local government by the Commonwealth Government;
(iv)
the establishment of the Australian Heritage Commission and the Register of
the National Estate;
(v)
significant investment in public transport infrastructure, including railways and
the creation of Australia’s first public bicycle path;
(vi)
advocacy to protect the Sydney Harbour foreshore for public use and
preservation; and
(vii) activism in support of peace and non-violence, including his role in the
Vietnam War Moratoriums and opposition to the Iraq and Afghanistan wars,
the defence of civil liberties and human rights protections, Indigenous land
rights, and the nuclear disarmament movement; and
Monday 23 February 2015
(C)
12
the Lord Mayor write to Mr Uren’s widow, Christine, expressing Council’s
condolences.
The motion, as varied by consent, was carried unanimously.
Extension of Time
During discussion on this matter, pursuant to the provisions of Clause 250(3) of the Local
Government (General) Regulation 2005, it was –
Moved by the Chair (the Lord Mayor), seconded by Councillor Doutney –
That Councillor Scott be granted an extension of time to speak on this matter.
Carried.
ITEM 3.3
FILE NO:
FAITH BANDLER AC - CONDOLENCES
S051491
MINUTE BY THE LORD MAYOR
To Council:
On 27 May 1967, over 90 per cent of Australians voted to amend the Commonwealth
Constitution to advance the position of Aboriginal Australians. That vote, the highest ever
recorded at an Australian referendum, was the outcome of a campaign waged for more
than 10 years. On 13 February 2015, Faith Bandler, one of the tireless leaders of that
campaign, was lost to Australia.
Faith Bandler was born on 13 February 1918 of a South Seas Islander father and a
Scottish-Indian mother. Her father, Peter, had been kidnapped from his home on
Ambrym Island, Vanuatu at around 13 years of age and transported to Queensland
where he was forced to work on a sugar cane plantation. He later escaped to NSW
where he met and married Faith’s mother. They established a small banana farm near
Murwillumbah where Faith spent her early years. While Faith did not know her father well
(he died when she was five years old), stories about his harsh experiences as a slave
labourer strongly influenced her activism.
Faith moved to Sydney in 1934, living in Kings Cross, later admitting she “always had a
yen for bright lights” and “wanted to have a life of my own”. She completed a short
apprenticeship in a shirt factory and worked for a time making clothes. When World War
II started, she joined the Women’s Land Army, and worked on fruit farms. While working
in the Riverina, she first “saw the appalling conditions that Aborigines lived in”. They
were not allowed to work with the Land Army women, were paid paltry wages and made
to work without a break. Faith later learned “they were shut away on a reserve outside of
Griffith”, separated and segregated and “were never seen to be in the streets”.
13
Monday 23 February 2015
Returning to Sydney after the War, Faith pursued her passion for the cultural life, having
grown up in a house filled with music. She took singing lessons for a time, joined the
Margaret Walker dance group and stated attending concerts. It was at one such concert
in 1951 that she met her future husband, Hans Bandler, a Jewish refugee who had spent
time in the Dachau concentration camp. Their relationship was delayed, however. Hans
was on his way to Tasmania, and Faith was about to travel to Europe for a cultural
festival.
The European trip had a profound impact on Faith. She saw the devastation caused by
the war and its impact on Europe’s people. Although it was the Cold War, she and other
members of her dance troupe travelled to Bulgaria and Czechoslovakia in Eastern
Europe. Upon their return to Australia, their passports were confiscated. She later
recalled “They stamped them and tossed then over their back into a box and we didn't
see them again.”
Soon after Faith returned home, she met Hans again and they were married in 1952.
They had the same interests and shared the same politics. Faith became politically
active, initially through the NSW Peace Council and speaking at meetings about the
devastation she had seen in Europe. Two women mentors were instrumental in involving
her in the Aboriginal movement: Pearl Gibbs, the most prominent Aboriginal woman
activist at the time, and Jessie Street, the peace and human rights activist and feminist.
In 1956 Pearl Gibbs and Faith formed the Australian Aboriginal Fellowship, with Street
as its patron, to facilitate cooperation between Aboriginal political groups and
sympathetic white people. From its beginnings, Jessie Street was urging them to
campaign to abolish state laws affecting Aboriginals through a constitutional referendum.
As Faith later recalled:
“… you had this tiny little group of people, who had nothing but dedication and a
sense of justice - not a cracker, not a penny - challenged by this woman, Jessie
Street, to change the Federal Constitution, if you please.”
The group rose to the challenge. Street drafted a petition setting out the required
constitutional change and presented it to Faith, telling her “Now, go get yourself a
referendum.” The petition was launched at a packed public meeting at Sydney Town Hall
on 29 April 1957. Because the group had no money, Faith and Hans provided the £20
deposit for the Hall hire, which was then covered by donations.
The campaign was underway, dominating Faith’s life over the next decade, always under
ASIO’s watchful eye. She later recalled:
“I used to get very emotional about it because it possessed me. I became totally
obsessed with that campaign. There were times when I would take as many as
three meetings in a day. And I did things that I would never have dreamed of
doing: like going into a pulpit, talking to church congregations, and putting up with
people whose ideas were totally foreign to me. And all I wanted was their vote
(chuckles). Of course it came about because, you could say the referendum was
the result of good team work.”
Key to the campaign was getting the petition presented to Parliament by a different MP
every day. Even the then Prime Minister Robert Menzies presented it, not wanting to be
the only MP not to do so, telling Faith: “Your petition's become like the prayer of the
House now. It's first up every day.”
Monday 23 February 2015
14
Another early task was convincing other Aborigines of the importance of changing the
constitution, when other issues appeared more urgent, such as health care, housing and
education for Aboriginal people. Faith saw the referendum as a practical solution to
these issues. Changing the constitution would enable the Commonwealth to make laws
for Aboriginal people, thus overturning highly discriminatory state laws, and use its
resources for the benefit of Aboriginal people. It would also enable Aboriginals to be
counted in the Census, thus providing essential information to support this.
Contrary to a popular misconception, the referendum was not about granting Aboriginals
citizenship or the vote, a misconception that Faith herself frequently pointed out. All
Australians, including Aboriginal Australians, gained Australian citizenship on 26 January
1949. Amendments to the Commonwealth Electoral Act in 1962 gave all Aboriginal
Australians the right to enrol and vote.
Faith’s activism continued after the success of the 1967 referendum. She was a founding
member of the Women’s Electoral Lobby and the Australian Republican Movement and
campaigned for the rights of South Sea Islanders. She also authored several books,
including two histories of the 1967 referendum, an account of her brother's life in NSW,
and a novel about her father's experience of blackbirding in Queensland.
Faith declined the offer of an MBE (Member of the British Empire) in 1976 as a protest
against the sacking of Gough Whitlam. She was made a Member of the Order of
Australia in 1984 and a Companion of the Order of Australia in 2009.
RECOMMENDATION
It is resolved that:
(A)
Council observe a minute’s silence to mark the passing of Faith Bandler AC, noting
her significant contribution to human rights and peace, and particularly the rights
and advancement of the Aboriginal, Torres Strait and South Sea Islander people;
and
(B)
the Lord Mayor write to Faith Bandler’s daughter Lilon and her family expressing
Council’s condolences.
COUNCILLOR CLOVER MOORE
Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor Kemmis –
That the Minute by the Lord Mayor be endorsed and adopted.
Carried unanimously.
Note - the Chair (the Lord Mayor) acknowledged the presence in the Council Chamber of
Dr Lilon Bandler, Faith Bandler’s daughter.
15
ITEM 12
Monday 23 February 2015
NOTICES OF MOTION
THE HON. TOM UREN AC (S103133)
4.
By Councillor Scott
It is resolved that Council:
(A)
note the passing of Tom Uren AC (Member for Reid 1958-1990; Minister for Urban
and Regional Development 1972-1975; Minister for Territories and Local
Government 1983-1984; and Minister for Local Government and Administrative
Services 1096-1987) on 28 January 2015;
(B)
note Tom Uren’s contribution to the development of Australia’s cities and local
government, and his legacy in relation to the City of Sydney and its communities,
including:
(i)
the protection of Sydney’s urban environment, including the restoration and
protection of the Glebe Estate and Woolloomooloo in the City of Sydney;
(ii)
commitment to the common good and public investment in infrastructure in
matters of urban planning;
(iii)
the establishment of Financial Assistance Grants, providing direct funding of
local government by the Commonwealth Government;
(iv)
the establishment of the Australian Heritage Commission and the Register of
the National Estate;
(v)
significant investment in public transport infrastructure, including railways and
the creation of Australia’s first public bicycle path;
(vi)
advocacy to protect the Sydney Harbour foreshore for public use and
preservation; and
(vii) activism in support of peace and non-violence, including his role in the
Vietnam War Moratoriums and opposition to the Iraq and Afghanistan wars,
the defence of civil liberties and human rights protections, Indigenous land
rights, and the nuclear disarmament movement;
(C)
all persons present in the Chamber stand for one minute’s silence to honour the life
of Tom Uren; and
(D)
a letter be conveyed to Tom Uren’s family expressing Council’s sincere
condolences.
Note – At the meeting of Council, Councillor Scott withdrew her Notice of Motion, the
matters raised in it having been dealt with at an earlier stage of the meeting in Item 3.2.
Monday 23 February 2015
16
JAMES LESLIE “LES” MCMAHON (S103133)
5.
Moved by Councillor Scott, seconded by the Chair (the Lord Mayor) -
It is resolved that Council:
(A)
note the passing of James Leslie “Les” McMahon (Councillor for the City of Sydney
Council 1967; Councillor for Leichhardt Municipal Council 1968-1971; Member for
Sydney 1975-1983) on 23 January 2015;
(B)
note Les McMahon’s contribution to local government and public life as a
Councillor for the City of Sydney Council and Leichhardt Municipal Council, and as
the Member for Sydney;
(C)
all persons present in the Chamber stand for one minute’s silence to honour the life
of Les McMahon; and
(D)
a letter be conveyed to Les McMahon’s family expressing Council’s sincere
condolences.
Carried unanimously.
Note - the Chair (the Lord Mayor) acknowledged the presence in the Council Chamber of
Les McMahon’s son, Les; daughter, Therese; and their respective partners, Sharon and
Peter.
PAUL O’GRADY (S103133)
6.
By Councillor Scott
It is resolved that Council:
(A)
note the passing of Paul O’Grady (Member of the Legislative Council 1988-1996)
on 15 January 2015;
(B)
note Paul O’Grady’s contribution to the GLBTIQ community as the first openly gay
man in any Australian Parliament, as well as an advocate for rights and equality for
the GLBTIQ community in NSW;
(C)
all persons present in the Chamber stand for one minute’s silence to honour the life
of Paul O’Grady; and
(D)
a letter be conveyed to Paul O’Grady’s family expressing Council’s sincere
condolences.
Note – At the meeting of Council, the content of the original Notice of Motion was varied.
Subsequently, it was –
Moved by Councillor Scott, seconded by the Chair (the Lord Mayor) It is resolved that Council:
(A)
note the passing of Paul O’Grady (Member of the Legislative Council 1988-1996)
on 15 January 2015;
17
Monday 23 February 2015
(B)
note Paul O’Grady’s contribution to the GLBTIQ community as the first gay man in
Australia to come out while serving as a Member of Parliament, as well as an
advocate for the rights and equality for the GLBTIQ community and people living
with HIV and AIDS;
(C)
all persons present in the Chamber stand for one minute’s silence to honour the life
of Paul O’Grady; and
(D)
a letter be conveyed to Paul O’Grady’s family expressing Council’s sincere
condolences.
Carried unanimously.
Note – at this stage of the meeting, Councillors, staff, press and members of the public
stood in silence for one minute to mark the passing of Stephen Hall AM, Tom Uren AC,
Faith Bandler AC, Les McMahon and Paul O’Grady.
ITEM 3.4
FILE NO:
EXTENSION OF SAFE SPACE FUNDING
S051491
MINUTE BY THE LORD MAYOR
To Council:
It is vital we work to reduce alcohol and drug-related violence on Sydney’s streets and
create the safest possible environment for young people at night.
The Safe Space program is an important addition to our program of late-night safety
initiatives and has already made a difference to those young people who are at risk of
harm.
On 15 September 2014, Council approved a cash grant of up to $40,000 (ex. GST) and
receipt of $30,000 (ex. GST) in funding from the Department of Justice to fund the
Salvation Army to operate a Safe Space and Take Kare Ambassador program pilot.
The Safe Space and Take Kare Ambassador program pilot commenced on 5 December
2014 and finished on 21 February 2015.
Over 130 Salvation Army volunteers who have been trained volunteer their time as Take
Kare Ambassadors through the pilot program, which operates on Friday and Saturday
from 10pm to 4am, and which also operated on New Year’s Eve 2014.
The Take Kare Ambassadors have been on hand at the Safe Space in Sydney Square.
At least two additional teams of staff and volunteers have also been working in the
George Street entertainment precincts from Haymarket to Martin Place.
The Safe Space and Take Kare Ambassador program was developed in partnership with
Thomas Kelly’s parents, Ralph and Kathy, who established the Thomas Kelly Youth
Foundation to help young people who are at risk.
Monday 23 February 2015
18
As well as financial support, the City supports the pilot by providing power to the Safe
Space in Sydney Square, a storage area, parking at Town Hall House for volunteers,
and two-way radios linking the teams with the City’s CCTV control room. This
communication is integral for safety and effective communication and coordination
between the Ambassadors, the City and NSW Police, who are co-located in the City’s
Control Room each Friday and Saturday night during summer months.
The pilot has been overseen by a Steering Group with representatives from the NSW
Police, St Vincent’s Hospital, the Department of Justice, the Salvation Army, the Thomas
Kelly Youth Foundation and the City. The group meets monthly to discuss progress and
outcomes of the pilot and address issues as they arise.
I had the opportunity to join the volunteers, fellow Councillors, and NSW AttorneyGeneral Brad Hazzard on Friday 13 February 2015 to see first-hand the valuable and
much appreciated work of the Take Kare Ambassadors.
During the first 10 weeks of the program, support has been provided to 1,592 people.
This does not include the many people who were also assisted on New Year’s Eve.
Assistance provided through the program includes: help with locating friends; contacting
parents/carers; mobile phone charging; de-escalating potential conflict situations; help to
access accommodation or transport; provision of basic first aid; giving thongs to those
with inappropriate or missing shoes; and providing water or a place to rest and sober-up.
This Minute recommends that the Safe Space and Take Kare Ambassador program pilot
be extended from 28 February 2015 to 30 May 2015.
An evaluation of the initial three month pilot is to be conducted following the conclusion
of the pilot on 21 February 2015. An extension of the pilot to 30 May 2015 will allow for
continuity of service whilst the evaluation is conducted and reported back to Council.
The evaluation report will give Council the opportunity to consider options for the future
of the service.
The total cost to extend the pilot to 30 May 2015 is $75,000. This Minute recommends
that Council provide a cash grant of $37,500 (ex. GST) to the Salvation Army to continue
operating the service.
The NSW Department of Justice will provide matching funding of $37,500 (ex. GST) for
the extension of the pilot.
RECOMMENDATION
It is resolved that Council:
(A)
approve the receipt of $37,500 (ex. GST) funding from the Department of Justice to
provide as a cash grant to the Salvation Army to extend the Safe Space service;
(B)
approve a total cash grant of $37,500 (ex. GST) to the Salvation Army to extend
the Take Kare Ambassador and Safe Space program for 14 weeks to 30 May
2015; and
(C)
request that the CEO report back to Council following the conclusion of the initial
pilot period on 21 February 2015 and make recommendations for future action.
COUNCILLOR CLOVER MOORE
Lord Mayor
19
Monday 23 February 2015
Moved by the Chair (the Lord Mayor), seconded by Councillor Green That the Minute by the Lord Mayor be endorsed and adopted.
Carried unanimously.
ITEM 3.5
FILE NO:
AUSTRALIAN TECHNOLOGY PARK EVELEIGH
S051491
MINUTE BY THE LORD MAYOR
To Council:
UrbanGrowth NSW called for Expressions of Interest (EOI) for the sale of the Australian
Technology Park (ATP) in Eveleigh on 5 December 2014 and is now assessing
submissions. If the NSW Government proceeds with the sale, the next stage will be an
invitation to tender.
In December, Council endorsed my Lord Mayoral Minute calling for a review of the site’s
strategic planning framework. The resulting independent review by HillPDA Consulting
(Attachment A) provides essential information about the risks and benefits associated
with the sale of this public site.
The Australian Technology Park has a long history of public ownership and governance.
Given the significant urban renewal and increased densities planned by the NSW
Government along the Central to Eveleigh corridor, it is important that any
redevelopment of this site must retain and increase public access and benefits.
The review identifies significant risks that must be addressed, including:
•
There is no certainty that proceeds from any sale would be reinvested in essential
public facilities and infrastructure in the precinct.
•
The EOI process may result in development inconsistent with planning controls, the
master plan, and the vision for the adaptive reuse of buildings on the site.
•
Damage to the significant heritage value of the site, especially as sale would no
longer require the retention of a Section 170 Heritage and Conservation Register.
•
Opportunities might be lost to contribute to the interchange and access
improvements around Redfern Station.
•
Public and community access across the designated open space could be lost,
including pedestrian and cycle links.
•
Development for alternative uses could lead to the loss of a critical mass of
technology businesses and incubator space that has assisted new local businesses.
The report also identifies that sustainability should underpin further development on the
site, especially features that are difficult to provide on smaller sites such as cogeneration
of energy, waste water recycling and solar lighting.
Monday 23 February 2015
20
The report has specific recommendations about action the NSW Government can take to
deliver outcomes in the public interest during the tender process. These include:
•
Exclusion of open space from any portion of the site for sale, with its retention in
government ownership, including possible dedication to the City of Sydney.
•
Excluding of heritage buildings and assets from any sale, with their retention in
government ownership with public access.
•
Input by the community, City of Sydney, Transport for NSW and other government
organisations into the tender process to ensure assessment criteria and weighting
that favour public interests, quality design, public access and heritage.
•
Greater weight on design, access and heritage criteria, including consistency with
planning controls and the site’s established vision.
RECOMMENDATION
It is resolved that:
(A)
the Lord Mayor write to the Premier, Minister for Planning and Treasurer to seek
commitment to:
(i)
implement strategies to secure opportunities and address risks in the
tendering process, as identified in the HillPDA report, especially given
significant urban renewal planned by the NSW Government for the Central to
Eveleigh corridor;
(ii)
reinvest the proceeds of any sale into public facilities and infrastructure in the
Central to Eveleigh corridor;
(iii)
retain open space on the Australian Technology Park in public ownership
with public access, including pedestrian and cycle links;
(iv)
retain heritage buildings and heritage assets on the Australian Technology
Park in public ownership with public access;
(v)
retain capacity for the site to contribute to public transport interchange and
access improvements around Redfern Station;
(vi)
ensure increased emphasis on design, access and heritage criteria, including
consistency with planning controls and the site’s established vision;
(vii) maintain capacity for a critical mass of technology businesses and incubator
space to continue assisting new local business; and
(viii) revise the tender process to ensure input by the community, City of Sydney,
Transport for NSW and other government organisations to give priority to the
public interest, public access, quality design, public access and heritage; and
(B)
the Chief Executive Officer circulate the report to relevant community groups,
Urban Growth NSW and Government Departments.
COUNCILLOR CLOVER MOORE
Lord Mayor
21
Monday 23 February 2015
Moved by the Chair (the Lord Mayor), seconded by Councillor Mant –
That the Minute by the Lord Mayor be endorsed and adopted.
Amendment. Moved by Councillor Scott –
That the motion be amended by the addition of clause (A)(ix), as follows –
(ix)
securing new affordable housing in accordance with the City’s 2030 goals.
Following discussion, and advice from the CEO, Councillor Scott withdrew her
amendment.
The motion was carried unanimously.
Note – prior to discussion on this matter, the Executive Manager, Strategic Planning and
Urban Design, made a presentation to Councillors on the contents of the independent
review contained in Attachment A.
Adjournment
At this stage of the meeting, at 6.45pm, it was moved by the Chair (the Lord Mayor),
seconded by Councillor Kemmis –
That the meeting of Council be adjourned for approximately 10 minutes.
Carried.
At the resumption of the meeting of Council at 7.02pm, those present were –
The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla, Mant,
Scott and Vithoulkas.
ITEM 3.6
FILE NO:
FUTURE OF LOCAL GOVERNMENT
S051491
MINUTE BY THE LORD MAYOR
To Council:
Preoccupation with local government amalgamations in New South Wales reflects a
narrow view of local government reform and undermines action on the many broadlysupported recommendations from the Government-appointed Independent Local
Government Review Panel.
Those recommendations include a wide range of specific actions to secure long term
financial sustainability, provide more effective local governance, and improve
cooperation and collaboration between state and local government.
Monday 23 February 2015
22
The vast majority of the Review Panel’s recommendations were strongly endorsed by
Local Government NSW, Sydney Metropolitan Mayors, the City of Sydney and many
individual Councils across NSW. These reforms would support the ongoing sustainability
of most Councils in New South Wales without the disruption and cost of amalgamations.
Since the Independent Panel report was completed in October 2013 and released by the
State Government on 8 January 2014, there has been no substantial action on the
recommendations, most of which do not require or presuppose amalgamations.
Members of the Executive of Sydney Metropolitan Mayors share my concern that the
State Government’s “Fit for the Future” process might ultimately implement needed
reforms only for Councils that amalgamate.
On 10 February, the Executive of Sydney Metropolitan Mayors confirmed its position
that, while some local government areas might benefit from amalgamations, the broader
reforms identified by the Independent Local Government Review Panel will secure a
strong local government sector that delivers a stronger and more prosperous NSW.
Tonight, I seek Council’s support for the resolution of the Sydney Metropolitan Mayors’
Executive:
That Sydney Metropolitan Mayors seek a commitment from the Government and
Opposition in the lead up to the 28 March State election:
1. There will be no forced amalgamation for any Council that can demonstrate its
(a) effective governance;
(b) long term financial sustainability that “generates sufficient funds to provide
the levels of service and infrastructure agreed with its community”; and
(c) community support for independence.
2. For councils that show there is community support and financial benefits in
voluntary amalgamation, the government will provide reasonable financial
assistance;
3. Key, broadly supported reforms in the final report of the Independent Local
Government Review Panel report will receive urgent action to establish a
sustainable revenue base for local government and establish a relationship of
respect between local and state government.
I attach a copy of the letter to the Premier and the Leader of the Opposition which I
signed as Chair of the Sydney Metropolitan Mayors, with the Lord Mayor of Parramatta
as Deputy Chair.
On 8 December 2014, Council unanimously affirmed that the City of Sydney, on its
current boundaries, is “Fit for Future”. This recognises that the City has the scale,
capacity and resources to deliver infrastructure and services needed for the residents,
businesses and non-residential populations of our global city.
Consistent with the resolution of 8 December 2014, the Chief Executive Officer has
liaised with the General Managers of neighbouring Councils about their responses to the
State Government’s “Fit for the Future” proposals.
23
Monday 23 February 2015
At this stage, no Councils have resolved to seek an amalgamation with the City of
Sydney. On 5 February, North Sydney affirmed that it is “fit for the future” and would
have discussions with neighbouring councils, including the City of Sydney.
Our staff are currently developing our Fit for the Future response and the CEO will
provide further information via the CEO update. This work could be wasted if the State
Government ignores our response and proceeds with forced amalgamations.
RECOMMENDATION
It is resolved that Council seek a commitment from the Government and Opposition in
the lead up to the 28 March State election:
(A)
there will be no forced amalgamation for any Council that can demonstrate its:
(i)
effective governance;
(ii)
long term financial sustainability that “generates sufficient funds to provide
the levels of service and infrastructure agreed with its community”; and
(iii)
community support for independence;
(B)
for councils that show there is community support and financial benefits in
voluntary amalgamation, the government will provide reasonable financial
assistance; and
(C)
key, broadly supported reforms in the final report of the Independent Local
Government Review Panel report will receive urgent action to establish a
sustainable revenue base for local government and establish a relationship of
respect between local and state government.
COUNCILLOR CLOVER MOORE
Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor Kemmis –
That the Minute by the Lord Mayor be endorsed and adopted.
Amendment. Moved by Councillor Scott –
That the motion be amended by the deletion of clauses(A)(i),(ii) and (iii) and the
rewording of clause (A) such that it read as follows:
(A)
there will be no forced amalgamation of any Council;
The amendment lapsed for want of a seconder.
Amendment. Moved by Councillor Forster, seconded by Councillor Mandla –
That the motion be amended, in the first line, by the removal of the words “Government
and”.
The amendment was lost on the following show of hands –
Monday 23 February 2015
24
Ayes (2)
Councillors Forster and Mandla.
Noes (8)
The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant, Scott and
Vithoulkas.
Amendment lost.
Procedural Motion
Moved by Councillor Mandla
That, under clause 250(4) of the Local Government (General) Regulation 2005, the
motion be now put.
The Chair (the Lord Mayor) then put the procedural motion.
The procedural motion was lost on the following show of hands –
Ayes (2)
Councillors Forster and Mandla.
Noes (8)
The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant, Scott and
Vithoulkas.
Procedural motion lost.
Following further discussion, the motion was put to the vote and carried on the following
show of hands –
Ayes (9)
The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mant,
Scott and Vithoulkas.
Noes (1)
Councillor Mandla.
Motion carried.
ITEM 3.7
FILE NO:
WESTCONNEX STRATEGIC REVIEW
S051491
MINUTE BY THE LORD MAYOR
To Council:
On 8 December 2014, Council endorsed my Lord Mayoral Minute addressing concerns
that the objectives of the proposed WestConnex project will not be achieved.
Following Council’s resolution, SGS Economics and Planning has reviewed information
on the project and its report, “Strategic Review of the WestConnex Proposal”, is
attached.
In the short time that I have had to review the SGS report, I have attempted to
summarise the key issues in this Lord Mayoral Minute. I also note the Opposition’s
recent policy announcement on WestConnex and again emphasise the key concerns
about the impact of the project for our City communities.
25
Monday 23 February 2015
SGS: “Strategic Review of the WestConnex Proposal”
1.
SGS identifies that WestConnex does not align with the Metropolitan
Strategy or reflect Sydney’s changing employment, land-use and transport
needs.
•
While WestConnex will be the largest continuous motorway in Australia and will
influence land use and transport patterns over half of Sydney, its purpose and
the challenges it is trying to address are unclear.
•
The State Government’s Metropolitan Strategy (‘A Plan for Growing Sydney’,
December 2014) sets out a multi-centre strategy, focused on making it easier for
Sydney residents to move between their homes, jobs and the centres where they
shop, study and play. The plan highlights the transformation of western Sydney
centres (Parramatta, Penrith, Liverpool and the Campbelltown-Macarthur region)
through growth and investment.
•
WestConnex does not align with the Metropolitan Strategy and squanders
limited infrastructure funding that is needed for effective transport solutions for
western Sydney.
•
WestConnex will not deliver for Western Sydney, or for taxpayers, or the
travelling public. Sydney’s travel and employment patterns are changing and
motorways focused on the inner city do not align with current travel needs, let
alone the emerging needs for the future of Sydney.
2.
SGS confirms that the stated freight and urban renewal justifications for
WestConnex are out-dated or unsubstantiated.
•
The first original rationale of freight connections to Sydney’s gateways of Port
Botany and Sydney Airport are no longer a core part of the project, and
WestConnex does not take into account the second airport at Badgerys Creek.
•
The Federal Government’s commitment to the construction of a second Sydney
airport at Badgerys Creek was made after WestConnex was announced and its
business case completed. The announcement of the second airport itself is
sufficient to warrant a review into the merits of WestConnex.
•
By the time WestConnex links to Sydney’s existing airport in 2023, planes will be
arriving at Sydney’s new international airport at Badgerys Creek. When
WestConnex finally links to industrial areas in Mascot, most of the area’s freight
industry and manufacturing jobs will have relocated to the light industrial centres
of Eastern Creek, the Broader Western Sydney Employment Area and southwest Sydney.
•
Alternative freight infrastructure is already being delivered, including the
Port Botany Rail Freight upgrade and the Moorebank Intermodal terminal.
These projects will increase capacity to move freight to and from Port Botany by
rail. WestConnex will duplicate the M5 East motorway without clear benefits for
freight transport.
Monday 23 February 2015
•
3.
26
The second original rationale of urban renewal on Parramatta Road is
uncertain as congestion is likely to continue to undermine amenity along
Parramatta Road. No traffic forecasts have been released to justify how this busy
road will become any safer, healthier or more liveable, compared with a ‘do
nothing’ scenario. Parramatta Road remains in need of the only real solution to
congestion—high quality public transport.
SGS concludes that WestConnex won’t increase western Sydney residents’
access to jobs and economic development.
•
Only a small proportion of workers from western Sydney commute to inner
Sydney. Of those that do need to commute to inner Sydney, 90 per cent rely on
public transport. Increasingly, commuters are facing crush conditions on the
CityRail network approaching both Parramatta and central Sydney. WestConnex
will divert funding to a project that will not ease pressure on rail services and
which does not serve western Sydney’s major employment centres.
•
Western Sydney needs more jobs close to where people live, and better
transport within and to the key centres of Liverpool, Parramatta, Penrith
and Campbelltown-Macarthur. Industrial areas near Mascot are rapidly
becoming commercial and residential, and manufacturing jobs have largely
moved to Western Sydney.
•
WestConnex will cost taxpayers $11.5 billion – in direct Government funding and
the payment of user tolls for decades, including the introduction of new tolls on
roads that are not currently tolled. It is residents of western Sydney who are most
likely to be short-changed, with toll and parking costs of up to $48 predicted
for a single trip. That’s $240 per week for a commuter who has no reliable
access to public transport alternatives.
4.
SGS identifies alternative projects which could deliver more effectively on
stated government objectives, including public transport projects focused on
Western Sydney.
•
Extending the North West Rail Link through the Sydney CBD to Liverpool,
Sydney Rapid Transit (SRT) would connect the North West and South West to
jobs, unlocking critical capacity across the rail network.
•
Similarly, the Western Sydney Rapid Transit (WSRT) would link Western
Sydney to the Sydney CBD via the Parramatta Road Corridor, serving important
centres such as Parramatta, Sydney Olympic Park and Strathfield and supporting
the renewal of Parramatta Road could also be created.
5.
SGS supports concern that the project has not been subject to proper
governance and independent assurance.
•
The Auditor-General’s Report (WestConnex: Assurance to Government, 18
December 2014) raised serious concerns around the process undertaken to
date and the adequacy of the project in terms of governance and independent
assurance. The report found that the Government failed to implement its own
Major Projects Assurance Framework.
27
•
Monday 23 February 2015
The Auditor-General’s Report found that the preliminary business case
submitted for a Gateway review had many deficiencies and fell well short of
the standard required for such a document. The subsequent business case put to
Government still included deficiencies.
SGS concludes that significant questions remain about the WestConnex project’s
capacity to achieve its stated aims and meet Sydney’s transport challenges.
The Opposition’s Position on WestConnex
I note that on 19 February 2015 the NSW Labor Party announced an infrastructure plan
A Better Way: Labor’s Fully Funded Infrastructure Plan. The document highlights similar
concerns about the WestConnex project, its planning and justification.
However, that announcement retains extensive portions of the WestConnex project that
focus motorways on the Sydney CBD, Sydney Airport and Port Botany, rather than
providing solutions for a 21st century multi-centric city.
Public transport is the only reliable way to connect areas of more affordable housing to
jobs in major centres such as the Parramatta and Sydney CBDs.
Impact on City of Sydney
WestConnex project will widen and extend motorways, directing increased traffic onto
already-congested inner-Sydney roads, especially because the links to Sydney Airport
and Port Botany are unfunded.
WestConnex will deliver substantial additional traffic to neighbourhoods around the
planned St Peter’s interchange, including Newtown, Erskineville, Alexandria, Waterloo
and Redfern. WestConnex traffic will seriously impact on King Street, one of Sydney’s
most successful main streets, which could lead to clearways and destroy businesses.
It will affect Green Square, which will have 53,000 residents by 2030, and already has
serious congestion because of state government failure to plan and build adequate
public transport for the biggest urban renewal project in Australia.
Part of Sydney Park will be carved off to widen Euston Road and the park will be isolated
by fast moving traffic, making it harder to access. Tunnel portals, ramps and ventilation
stacks will blight the park’s surroundings.
WestConnex is regressive urban policy at a time of accelerating climate change and
increasing inner city population densities. Across metropolitan Sydney, people are using
public transport more and driving less.
The Metropolitan Strategy focuses on jobs and population growth in centres, supported
by bus and rail networks. These trends must be accelerated to make Sydney more
sustainable, and liveable. Our urgent priorities are more transport choice and increased
investment in public transport.
RECOMMENDATION
It is resolved that:
(A)
Council express serious concern about the WestConnex project in response to key
conclusions in the independent report “Strategic Review of the WestConnex
Proposal” by SGS Economics & Planning, including:
Monday 23 February 2015
28
(i)
WestConnex will set travel and land use patterns for more than half of
Sydney and determine Sydney’s future form and development;
(ii)
the project does not align with the multi-centre strategy in ‘A Plan for Growing
Sydney’, the NSW Government Metropolitan Strategy (Dec 2014);
(iii)
Badgerys Creek Airport and the Moorebank Intermodal Freight Terminal may
make expensive motorways linking Sydney Airport/Port Botany and western
Sydney redundant;
(iv)
urban renewal along Parramatta Road isn’t more likely to be achieved with
Westconnex as high levels of traffic will continue to destroy amenity along
the corridor;
(v)
it is highly unlikely that the various WestConnex tolls roads will be financially
viable, making Stage 3 connections to the port and airport doubtful;
(vi)
travel time savings benefits proposed in public documents are not plausible
unless all of the proposed road sections are complete;
(vii) western Sydney residents who work in the Sydney CBD overwhelmingly (90
per cent) rely on public transport that is increasingly overcrowded;
(viii) flawed assessment and governance raise serious questions about whether
dis-benefits exceed benefits and whether alternative projects would deliver
more effectively on stated government objectives; and
(ix)
(B)
the massive WestConnex investment will undermine Government ability to
build alternative infrastructure that responds to future demographic and
transport needs in Sydney;
the Lord Mayor provide the Premier, Minister for Transport and Minister for Roads
and Freight with a copy of the “Strategic Review of the WestConnex Proposal”
report; and call on the State Government to:
(i)
reconsider WestConnex in the light of the objectives of ‘A Plan for Growing
Sydney’, the new Badgerys Creek airport and alternative infrastructure
projects that align with the objectives of the Metropolitan Strategy; and
(ii)
begin a full public assessment of alternative infrastructure projects, especially
intra- and inter-regional public transport projects for western Sydney;
(C)
the Lord Mayor provide a copy of the report to the Leader of the Opposition and
call on the Opposition to revise its position on WestConnex and support alternative
infrastructure projects that benefit Sydney; and
(D)
the Lord Mayor provide a copy of the report to the Federal Government and call for
a review its WestConnex funding in order to support alternative infrastructure
projects that benefit Sydney.
COUNCILLOR CLOVER MOORE
Lord Mayor
Moved by the Chair (the Lord Mayor), seconded by Councillor Kemmis –
That the Minute by the Lord Mayor be endorsed and adopted.
29
Monday 23 February 2015
Procedural Motion
Moved by Councillor Forster, seconded by Councillor Mandla –
It is resolved that:
(A)
Council receive and note the subject report; and
(B)
the Lord Mayor convene an Extraordinary Meeting of Council at the earliest
opportunity after all Councillors have had sufficient time to fully consider the
subject report.
The procedural motion was lost on the following show of hands –
Ayes (3)
Councillors Forster, Mandla and Scott.
Noes (7)
The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant and
Vithoulkas.
Procedural motion lost.
Amendment. Moved by Councillor Scott, seconded by Councillor Mandla –
That the motion be amended by the addition of a new clause (A), as follows, and the
subsequent renumbering of all other clauses (A)
Council note and congratulate the NSW Labor Opposition regarding their
announcement on WestConnex, committing to scrap the St Peters Interchange
project and not increase clearways on King Street, Newtown, scrap the Stage 3
M4-M5 tunnel link of the WestConnex Project, stop the acquisition of homes
associated with WestConnex, and save every square centimetre of Sydney Park
and Petersham Park;
The amendment was lost on the following show of hands –
Ayes (1)
Councillor Scott.
Noes (9)
The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla,
Mant and Vithoulkas.
Amendment lost.
The motion was carried on the following show of hands –
Ayes (8)
The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant, Scott and
Vithoulkas.
Noes (2)
Councillors Forster and Mandla.
Motion carried.
Note – prior to discussion on this matter, the Executive Manager, Access and Transport,
made a presentation to Councillors on the contents of the strategic review contained in
Attachment A.
Monday 23 February 2015
30
Adjournment
At this stage of the meeting, at 8.28pm, it was moved by the Chair (the Lord Mayor),
seconded by Councillor Kemmis –
That the meeting of Council be adjourned for approximately 10 minutes.
Carried.
At the resumption of the meeting of Council at 8.44pm, those present were –
The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mant, Scott and
Vithoulkas.
Councillor Mandla returned to the meeting of Council at 8.45pm during discussion on
Item 5.
31
ITEM 4.1
FILE NO:
Monday 23 February 2015
NOMINATION OF ALTERNATE MEMBER OF THE CENTRAL SYDNEY
TRAFFIC AND TRANSPORT COMMITTEE
S111818
MEMORANDUM BY THE CHIEF EXECUTIVE OFFICER
To Council:
In 2012 the Central Sydney Traffic and Transport Committee (CSTTC) was established,
following amendments to the City of Sydney Act 1988.
The primary function of the CSTTC is to coordinate transport policy and major transport
related works between the City of Sydney and the NSW Government.
The CSTTC is comprised of 7 members:
•
the Director General of Transport for New South Wales
•
3 persons nominated by the City of Sydney and appointed by the Minister
•
3 persons representing the State Government and appointed by the Minister
The current members of the CSTTC nominated by the City of Sydney are:
•
Lord Mayor Clover Moore (alternate member Councillor John Mant)
•
Graham Jahn, Director City Planning, Development and Transport (alternate
member Louise Kerr, Executive Manager Development)
•
Bryony Cooper, Executive Manager, City Access and Transport (alternate
member Anthony Mifsud, Transport Policy Manager)
Louise Kerr, the current alternate member for Graham Jahn, is on maternity leave and
Sue Robinson is Acting Executive Manager Development until her return.
In accordance with clause 51G (b) and Schedule 2 of the City of Sydney Act 1988,
approval of Council is requested for the following:
•
revocation of the nomination of Louise Kerr as the alternate member of the
CSTTC for Graham Jahn; and
•
the nomination of Sue Robinson, Acting Executive Manager Development, as the
alternate member for Graham Jahn (to replace Louise Kerr).
RECOMMENDATION
It is resolved that:
(A)
the appointment of Louise Kerr as an alternate member of the Central Sydney
Traffic and Transport Committee for Graham Jahn be revoked; and
(B)
Sue Robinson be appointed as alternate member of the Central Sydney Traffic and
Transport Committee for Graham Jahn.
MONICA BARONE
Chief Executive Officer
Monday 23 February 2015
32
Moved by the Chair (the Lord Mayor), seconded by Councillor Mant –
That the Memorandum by the Chief Executive Officer be endorsed and adopted.
Carried unanimously.
ITEM 4.2
FILE NO:
ABORIGINAL AND TORRES STRAIT ISLANDER ADVISORY PANEL –
MEMBERSHIP 2015 - 2017
S103502.005
MEMORANDUM BY THE CHIEF EXECUTIVE OFFICER
To Council:
On 2 June 2008, Council resolved to establish an Aboriginal and Torres Strait Islander
Advisory Panel and to ratify the community membership following the nomination
process. The purpose of the Panel is to provide advice to inform the policies and
operations of the City of Sydney in relation to matters of importance to the Aboriginal and
Torres Strait Islander community.
The Panel arose as a suggestion from the Aboriginal and Torres Strait Islander
community, during Sustainable Sydney 2030 consultations, as a more formal process to
improve the dialogue between the City and the Aboriginal community.
The Panel operates under Terms of Reference which provide for appointments for three
years, with up to two consecutive appointments allowed. The term of the Panel expired
in December 2014.
The Panel has contributed significantly to Eora Journey achievements over the past two
years, including the Eora Journey Economic Development Plan consultation, the ongoing
growth of NAIDOC in the City, and the project development of Yininmadyemi, Thou’st
Did Let Fall – an artwork honouring Aboriginal and Torres Strait Islander men and
women who have served their country.
The Panel provided invaluable insights for the City’s submission to the State
Government on cultural heritage reform and has continued to bring attention to important
local issues. It has also been a useful sounding board for other major projects and
events taking place in Sydney, such as Barangaroo and the Sydney Festival.
An evaluation with Panel members was undertaken by an independent Indigenous
consultancy. The outcomes showed strong support for the Panel’s role and will used to
further strengthen its operation.
For Council’s consideration, the Terms of Reference for the Aboriginal and Torres Strait
Islander Advisory Panel have been reviewed. The Terms of Reference now propose that
the term of the Aboriginal and Torres Strait Islander Advisory Panel be changed from two
to three years and for the Panel to meet six times a year to allow greater continuity. This
change was identified in the evaluation. The Terms of Reference now clarify that
appointment of the Councillor co-chair to the Panel is determined by Council and is not
governed by these Terms of Reference. Consistent with the approach to the
appointment of Councillors to other committees and groups, it is expected that this
appointment will be made at the beginning of each new term of Council (or such other
time as considered appropriate by Council).
33
Monday 23 February 2015
The Panel comprises:
a)
2 Aboriginal or Torres Strait Islander Elders;
b)
2 Aboriginal or Torres Strait Islander young people under 30 years of age;
c)
up to 11 Aboriginal or Torres Strait Islander community representatives; and
d)
1 Councillor.
Councillor Green was appointed Co-Chair to the Panel in October 2012, with Councillor
Doutney named as alternate.
Nominations to the Panel were called through print advertisements in the National
Indigenous Times, Koori Mail, The Sydney Morning Herald and Central Magazine. Radio
community announcements and editorial were placed on Koori Radio and the National
Indigenous Radio Service. The Aboriginal Community Development Coordinator was
also interviewed on the Koori Radio morning current affairs program. Forms and posters
were delivered to community centres and organisations throughout the City.
Nominations opened on 25 November and closed 19 December 2014. The City received
a total of 21 applications, three of which were ineligible. Nominations were assessed
according to the selection criteria by an internal panel comprised of City of Sydney
officers. A decision on appointments was made by the Chief Executive Officer.
The nominations were assessed against the following criteria:
a)
a requirement for nominees to live, work or study in the City of Sydney’s local
government area;
b)
a requirement for the Aboriginal and/or Torres Strait Islander status of
nominees to be recognised by their local Aboriginal and/or Torres Strait
Islander community via a letter of support;
c)
a statement of purpose by the nominee, that is, their reason for nominating;
and
d)
the skills, knowledge and experience they will bring to the Advisory Panel
and use to serve the local community.
All nominations received were of a high calibre and reflected a wide diversity of valuable
skills and experience. The selection process sought to achieve a balance of experience
in governance, arts and culture, research, business and enterprise, community and
government sectors. Nominees not selected for the Panel may be invited to contribute to
the community on a City working party.
RECOMMENDATION
It is resolved that:
(A)
Council approve the revised Terms of Reference as shown at Attachment A to this
Memorandum;
Monday 23 February 2015
(B)
34
the following 15 nominees be appointed as members to the Aboriginal and Torres
Strait Islander Advisory Panel for a period of three years:
(i)
Norma Ingram;
(ii)
Lachlan McDaniel;
(iii)
Patricia Adjei;
(iv)
Tracey Duncan;
(v)
Mayrah Sonter;
(vi)
Liza-Mare Syron;
(vii) Nathan Moran;
(viii) Rebekah Raymond;
(ix)
Cass Goodwin;
(x)
Nicole Monks;
(xi)
Frank Trotman–Golden;
(xii) Warren Brown;
(xiii) Nancia Guuivarra;
(xiv) Marjorie Anderson; and
(xv) Timothy Gray; and
(C)
the remainder of eligible nominees form an eligibility list in case any of those
primarily selected are unable to participate or continue their full term.
MONICA BARONE
Chief Executive Officer
Moved by Councillor Kemmis, seconded by Councillor Doutney –
That the Memorandum by the Chief Executive Officer be endorsed and adopted.
Carried unanimously.
35
ITEM 5
Monday 23 February 2015
MATTERS FOR TABLING
Disclosures of Interest
Moved by the Chair (the Lord Mayor), seconded by Councillor Mant –
It is resolved that the Disclosures of Interest returns be received and noted.
Carried unanimously.
Monday 23 February 2015
ITEM 6
36
REPORT OF THE CORPORATE, FINANCE,
TENDERS COMMITTEE - 16 FEBRUARY 2015
PROPERTIES
AND
PRESENT
Councillor Clover Moore
(Chair)
Councillor Robyn Kemmis
(Deputy Chair)
Councillors Irene Doutney, Christine Forster, Jenny Green, Robert Kok, Edward Mandla,
John Mant, Linda Scott and Angela Vithoulkas.
At the commencement of business at 1.07pm those present were The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla, Mant,
Scott and Vithoulkas.
Sub-Committee
The meeting of the Economic Development and Business Sub-Committee, with
Councillor Vithoulkas as Deputy Chair, commenced at 3.45pm.
Adjournment
At 2.25pm, it was moved by the Chair (the Lord Mayor) seconded by Councillor
Kemmis That the meeting of the Corporate, Finance, Properties and Tenders Committee be
adjourned for 10 minutes.
Carried.
At the resumption of the meeting of the Corporate, Finance, Properties and Tenders
Committee at 2.35pm, those present were –
The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mandla, Mant, Scott and
Vithoulkas.
Councillor Forster returned to the meeting of the Corporate, Finance, Properties and
Tenders Committee at 2.36pm during discussion on Item 6.3.
Order of Business
The Corporate, Finance, Properties and Tenders Committee agreed, for the convenience
of the public present, that the Order of Business be altered such that the Item 6.20 be
brought forward and dealt with before Item 6.19.
The meeting of the Corporate, Finance, Properties and Tenders Committee and its SubCommittee concluded at 3.57pm.
Report of the Corporate, Finance, Properties and Tenders Committee
Moved by Councillor Kemmis, seconded by Councillor Doutney -
37
Monday 23 February 2015
That the report of the Corporate, Finance, Properties and Tenders Committee of its
meeting of 16 February 2015 be received, and the recommendations set out below for
Items 6.3, 6.4, 6.6 to 6.9 inclusive and 6.11 to 6.18 inclusive be adopted, with Item 6.1
being noted, and Items 6.2, 6.5 and 6.10 being dealt with as shown immediately
following those items.
Carried unanimously.
ITEM 6.1
DISCLOSURES OF INTEREST
Councillor Linda Scott disclosed a less than significant, non-pecuniary interest in Item
6.14 on the agenda, in that her husband works for Transport for New South Wales, but
not on any projects related to the CBD light rail project.
No other Councillors disclosed any pecuniary or non-pecuniary interests in any matter on
the agenda for this meeting of the Corporate, Finance, Properties and Tenders
Committee.
The Committee recommended the following:
ITEM 6.2
2014/15 QUARTER 2 REVIEW – DELIVERY PROGRAM 2014-2017 (S096187)
It is resolved that Council:
(A)
note the financial performance of Council for the second quarter, ending 31
December 2014, including the Quarter 2 Net Surplus of $67.3M as outlined in the
subject report and summarised in Attachment A to the subject report;
(B)
note the Quarter 2 Capital Works expenditure of $82.4M, a revised full year
forecast of $219.0M and approve the proposed adjustments to the adopted budget,
including the transfer of $0.1M from the capital works contingency and $1.17M
brought forward from future year estimates while recognising permanent savings of
$0.77M, as detailed in Attachment B to the subject report;
(C)
note the Quarter 2 Information Services capital works expenditure of $3.0M, and
full year forecast of $8.3M;
(D)
note the Quarter 2 Plant and Assets expenditure of $7.3M, net of disposals, and a
full year forecast of $23.5M;
(E)
note the operational performance indicators and Quarter 2 achievements against
the Operational Plan 2014/15 objectives, as detailed in Attachment C to the subject
report;
(F)
note the supplementary reports including expenditure on contingency funds,
contracts issued over $50,000, major legal issues and the Quick Response,
Banner Pole and Reduce Rate Grant Programs in Quarter 2, as detailed in
Attachment D to the subject report; and
Monday 23 February 2015
(G)
38
note the Environmental Sustainability Progress Report at Attachment E to the
subject report.
At the meeting of Council, it was moved by Councillor Kemmis, seconded by Councillor
Green –
That the recommendation of the Corporate, Finance, Properties and Tenders Committee
be adopted, subject to clause (A) reading as follows:
(A)
note the financial performance of Council for the second quarter, ending 31
December 2014, including the Quarter 2 Net Surplus of $67.3M as outlined in the
subject report and summarised in Attachment A to the subject report, and as
amended by the addition of the Contingency Report shown at Attachment A to the
memo from the Chief Financial Officer dated 20 February 2015 and circulated prior
to the meeting of Council;
Carried unanimously.
ITEM 6.3
INVESTMENTS HELD AS AT 31 DECEMBER 2014 (S106935)
It is resolved that the Investment Report as at 31 December 2014 be received and noted.
Carried unanimously.
ITEM 6.4
INVESTMENTS HELD AS AT 31 JANUARY 2015 (S034147)
It is resolved that the Investment Report as at 31 January 2015 be received and noted.
Carried unanimously.
ITEM 6.5
CREATION OF THE NON-RESIDENTIAL ROLL AND CONDUCT OF THE 2016
LOCAL GOVERNMENT ELECTIONS (S123898)
The Corporate, Finance, Properties and Tenders Committee decided that consideration
of this matter be deferred to the meeting of Council on 23 February 2015.
At the meeting of Council, it was moved by Councillor Kemmis, seconded by Councillor
Green –
It is resolved that:
(A)
Council approve creation of a new senior position to manage the process for
establishing the non-residential roll as required by the City of Sydney Act;
(B)
Council note:
39
Monday 23 February 2015
(i)
the probity advice dated January 2015 from Walter Partners concerning the
creation of the non-residential roll as required by the recent amendments to
the City of Sydney Act 1988;
(ii)
this advice will guide the development of the process for the creation and
maintenance of the non-residential registers and roll;
(iii)
the recent amendments to the City of Sydney Act impose on the Chief
Executive Officer an obligation to create the non-residential registers and roll;
(iv)
to ensure utmost independence, probity and public trust in the integrity of the
City of Sydney’s electoral process:
(a)
clear and explicit separation is required between the Chief Executive
Officer and Council on carrying out this duty;
(b)
the Chief Executive Officer will seek advice from the NSW Electoral
Commission and Australian Electoral Commission on the mechanisms
they adopt to ensure staff involved in preparing the electoral roll are not
“politically biased” and act on this advice;
(c)
the Chief Executive Officer will review the City of Sydney’s Code of
Conduct to provide that any attempt by a Council Official (noting that
“Council official” includes Councillors and staff) to unduly influence or
interfere with the creation and preparation of the non-residential
register and roll is a breach of the Code of Conduct and recommend
any required changes to Council;
(C)
Council confirm that only the Chief Executive Officer be authorised to approve and
issue communications relating to the creation, maintenance and any other
processes related to the non-residential registers and rolls;
(D)
Council note that expressions of interest are being invited to assist in the
preparation and updating of a register and roll of non-residential voters for City of
Sydney elections;
(E)
authority be delegated to the Chief Executive Officer (CEO) to enter into direct
negotiations with suitable providers who express interest in providing assistance
with the creation of the register and roll;
(F)
any proposed contract for services assisting in the creation of the register and roll
be approved by Council prior to it being entered into;
(G)
pursuant to s296(2) and (4) of the Local Government Act 1993 (NSW), an election
arrangement be entered into by contract for the NSW Electoral Commissioner to
administer all elections of the Council;
(H)
pursuant to s296(2) and (3) of the Act, as applied and modified by s.18, a council
poll arrangement be entered into by contract for the NSW Electoral Commissioner
to administer all council polls of the Council;
(I)
pursuant to s296(2) and (3) of the Act, as applied and modified by s18, a
constitutional referendum arrangement be entered into by contract for the NSW
Electoral Commissioner to administer all constitutional referenda of the Council;
Monday 23 February 2015
40
(J)
authority be delegated to the CEO to negotiate and execute each contract with the
NSW Electoral Commissioner; and
(K)
Council decline to make a resolution regarding means of voting, noting that, in the
absence of a resolution, election of the Council will be governed by the Local
Government Act which allows for a choice for all voters of postal voting or
attendance voting.
Procedural Motion
Moved by Councillor Mandla, seconded by Councillor Forster –
That the motion be split and dealt with as two separate motions, with clauses (A) to (J)
being voted on separately from clause (K).
The motion was lost on the following show of hands –
Ayes (3)
Councillors Forster, Mandla and Scott.
Noes (7)
The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant and
Vithoulkas.
Procedural motion lost.
Variation. At the request of Councillor Vithoulkas, and by consent, the motion was varied
in clause (B), such that it read as follows (B)
Council note:
(i)
the probity advice dated January 2015 from Walter Partners concerning the
creation of the non-residential roll as required by the recent amendments to
the City of Sydney Act 1988;
(ii)
the probity advice from Walter Partners (January 2015) be updated to reflect
the gazetted Sydney Amendment (Elections) Act 2014 that commenced 6
February 2015;
(iii)
the updated advice will guide the development of the process for the creation
and maintenance of the non-residential register and roll;
(iv)
the recent amendments to the City of Sydney Act impose on the Chief
Executive Officer an obligation to create the non-residential register and roll;
(v)
to ensure utmost independence, probity and public trust in the integrity of the
City of Sydney’s electoral process:
(a)
clear and explicit separation is required between the Chief Executive
Officer and Council on carrying out this duty;
(b)
the Chief Executive Officer will seek advice from the NSW Electoral
Commission and Australian Electoral Commission on the mechanisms
they adopt to ensure staff involved in preparing the electoral roll are not
“politically biased” and act on this advice;
41
(c)
Monday 23 February 2015
the Chief Executive Officer will review the City of Sydney’s Code of
Conduct to provide that any attempt by a Council Official (noting that
“Council official” includes Councillors and staff) to unduly influence or
interfere with the creation and preparation of the non-residential
register and roll is a breach of the Code of Conduct and recommend
any required changes to Council;
Amendment. Moved by Councillor Scott, seconded by Councillor Forster –
That the motion be amended in clause (B)(v)(c) by the addition of the words “and
Delegations” after the words “”the Chief Executive Officer will review the City of Sydney’s
Code of Conduct”.
The amendment was lost on the following show of hands –
Ayes (3)
Councillors Forster, Mandla and Scott.
Noes (7)
The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant and
Vithoulkas.
Amendment lost.
Points of Order
Councillor Green raised a point of order in that Councillor Mandla’s comments, when
speaking on clause (K) of the motion, were not relevant.
The Chair (the Lord Mayor) upheld the point of order and asked Councillor Mandla to
confine his comments to the motion.
Councillor Green raised a further point of order in that Councillor Mandla’s comments,
when speaking on clause (K) of the motion, were not relevant.
The Chair (the Lord Mayor) upheld the point of order and again asked Councillor Mandla
to confine his comments to the motion.
The motion was carried on the following show of hands –
Ayes (9)
The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mant,
Scott and Vithoulkas.
Noes (1)
Councillor Mandla.
Motion carried.
The motion, as adopted by Council, is as follows –
It is resolved that:
(A)
Council approve creation of a new senior position to manage the process for
establishing the non-residential roll as required by the City of Sydney Act;
(B)
Council note:
Monday 23 February 2015
42
(i)
the probity advice dated January 2015 from Walter Partners concerning the
creation of the non-residential roll as required by the recent amendments to
the City of Sydney Act 1988;
(ii)
the probity advice from Walter Partners (January 2015) be updated to reflect
the gazetted Sydney Amendment (Elections) Act 2014 that commenced 6
February 2015;
(iii)
the updated advice will guide the development of the process for the creation
and maintenance of the non-residential register and roll;
(iv)
the recent amendments to the City of Sydney Act impose on the Chief
Executive Officer an obligation to create the non-residential register and roll;
(v)
to ensure utmost independence, probity and public trust in the integrity of the
City of Sydney’s electoral process:
(a)
clear and explicit separation is required between the Chief Executive
Officer and Council on carrying out this duty;
(b)
the Chief Executive Officer will seek advice from the NSW Electoral
Commission and Australian Electoral Commission on the mechanisms
they adopt to ensure staff involved in preparing the electoral roll are not
“politically biased” and act on this advice;
(c)
the Chief Executive Officer will review the City of Sydney’s Code of
Conduct to provide that any attempt by a Council Official (noting that
“Council official” includes Councillors and staff) to unduly influence or
interfere with the creation and preparation of the non-residential
register and roll is a breach of the Code of Conduct and recommend
any required changes to Council;
(C)
Council confirm that only the Chief Executive Officer be authorised to approve and
issue communications relating to the creation, maintenance and any other
processes related to the non-residential registers and rolls;
(D)
Council note that expressions of interest are being invited to assist in the
preparation and updating of a register and roll of non-residential voters for City of
Sydney elections;
(E)
authority be delegated to the Chief Executive Officer (CEO) to enter into direct
negotiations with suitable providers who express interest in providing assistance
with the creation of the register and roll;
(F)
any proposed contract for services assisting in the creation of the register and roll
be approved by Council prior to it being entered into;
(G)
pursuant to s296(2) and (4) of the Local Government Act 1993 (NSW), an election
arrangement be entered into by contract for the NSW Electoral Commissioner to
administer all elections of the Council;
(H)
pursuant to s296(2) and (3) of the Act, as applied and modified by s.18, a council
poll arrangement be entered into by contract for the NSW Electoral Commissioner
to administer all council polls of the Council;
43
Monday 23 February 2015
(I)
pursuant to s296(2) and (3) of the Act, as applied and modified by s18, a
constitutional referendum arrangement be entered into by contract for the NSW
Electoral Commissioner to administer all constitutional referenda of the Council;
(J)
authority be delegated to the CEO to negotiate and execute each contract with the
NSW Electoral Commissioner; and
(K)
Council decline to make a resolution regarding means of voting, noting that, in the
absence of a resolution, election of the Council will be governed by the Local
Government Act which allows for a choice for all voters of postal voting or
attendance voting.
ITEM 6.6
LAND CLASSIFICATION - PROPOSED LOT 205 AT 899 SOUTH DOWLING STREET
ZETLAND (S100186 AND S100188)
It is resolved that Council:
(A)
endorse public notification of the proposed resolution: “It is resolved to classify
proposed Lot 205 as shown in the attached Plan as operational land in accordance
with section 31 of the Local Government Act 1993”; and
(B)
note that a further report, to inform the outcomes of public notification and
recommendation on land classification, will follow the notification period.
Carried unanimously.
ITEM 6.7
LAND CLASSIFICATION - 20 O'RIORDAN STREET ALEXANDRIA (S104974)
It is resolved that Council classify 20 O’Riordan Street Alexandria, being Lot 7 and Lots 9
to 12 in Deposited Plan 214410, as Operational in accordance with section 31 of the
Local Government Act 1993.
Carried unanimously.
ITEM 6.8
TENDER - INSURANCE BROKING SERVICES (S122049)
It is resolved that:
(A)
Council accept the tender offer of Tenderer ‘B’ for insurance broking services for
the period from 31 March 2015 to 31 March 2019 which includes the placement of
Council’s 31 March 2015 to 31 March 2016 insurance contracts;
(B)
authority be delegated to the Chief Executive Officer to negotiate, execute and
administer the contract relating to the tender; and
Monday 23 February 2015
(C)
44
authority be delegated to the Chief Executive Officer to approve the annual
renewal of the Council’s insurance policies renewal on best possible terms for the
years beginning 31 March 2016, 2017 and 2018.
Carried unanimously.
ITEM 6.9
TENDER - NEW PARK - 25-27 O'CONNELL STREET NEWTOWN (S100899)
It is resolved that:
(A)
Council accept the tender offer of Tenderer ‘A’ for the building demolition and
landscape works at 25-27 O’Connell Street Newtown; and
(B)
authority be delegated to the Chief Executive Officer to negotiate, execute and
administer the contract relating to the tender.
Carried unanimously.
ITEM 6.10
TENDER – CONCRETE AGGREGATE PAVER SUPPLY (S124130)
It is resolved that:
(A)
Council accept the tender offer of Tenderer 'C' for concrete aggregate paver supply
for a period of two years, with the option of annual extensions for a further two
years, subject to performance review and optional requirements;
(B)
authority be delegated to the Chief Executive Officer to negotiate, execute and
administer the contract relating to the tender; and
(C)
authority be delegated to the Chief Executive Officer to exercise the option referred
to in clause (A), if appropriate, and negotiate the price to extend the contract
accordingly.
At the meeting of Council, it was moved by Councillor Kemmis, seconded by Councillor
Doutney –
That the recommendation of the Corporate, Finance, Properties and Tenders Committee
be adopted, subject to clause (A) reading as follows:
(A)
Council accept the tender offer of Tenderer 'C' for concrete aggregate paver supply
for a period of three years, with the option of annual extensions for a further two
years, subject to performance review and optional requirements;
Carried unanimously.
Monday 23 February 2015
45
ITEM 6.11
TENDER – 50
(S099258.001)
GLEBE
STREET
GLEBE
–
BUILDING
REFURBISHMENT
It is resolved that:
(A)
Council accept the tender offer of Tenderer ‘C’ for 50 Glebe Street, Glebe –
building refurbishment; and
(B)
authority be delegated to the Chief Executive Officer to negotiate, execute and
administer the contract relating to the tender.
Carried unanimously.
ITEM 6.12
TENDER - SUPPLY OF BRONZE SCHOLAR ROCKS AND BRONZE INLAID PAVERS
(S100832)
It is resolved that:
(A)
Council accept the tender offer of Tenderer ‘A’ for the supply of bronze scholar
rocks (art works; ‘fire stones’) and bronze inlaid pavers (‘moongate’) for the
Thomas Street Project; and
(B)
authority be delegated to the Chief Executive Officer to negotiate, execute and
administer the contracts relating to the tender.
Carried unanimously.
ITEM 6.13
TENDER
–
82-106
OXFORD
STREET
DARLINGHURST
WATERPROOFING AND REMEDIAL ROOF REPAIRS (S099292.001)
ROOFTOP
It is resolved that:
(A)
Council accept the tender offer of Tenderer ‘B’ for 82–106 Oxford Street
Darlinghurst - rooftop waterproofing and remedial roof repairs; and
(B)
authority be delegated to the Chief Executive Officer to negotiate, execute and
administer the contract relating to the tender.
Carried unanimously.
Monday 23 February 2015
46
ITEM 6.14
TENDER - LIGHT RAIL ENGINEERING CONSULTANT SERVICES (S121336)
It is resolved that:
(A)
Council accept the offer of Tenderer ‘G’ to provide light rail engineering consultant
services commencing in the 2015/16 financial year for four financial years or until
the satisfactory completion of the light rail project; and
(B)
authority be delegated to the Chief Executive Officer to negotiate, execute and
administer the contract relating to this tender.
Carried unanimously.
ITEM 6.15
TENDER – ASPHALT ROAD SERVICES PANELS (S117491)
It is resolved that:
(A)
Council accept the tender offers of Tenderers ’C’, ‘G’ and ‘K’ to provide asphalt
road services for a period of three years, with the option of two one-year
extensions based on satisfactory performance;
(B)
authority be delegated to the Chief Executive Officer to negotiate, execute and
administer the contracts relating to the tender; and
(C)
authority be delegated to the Chief Executive Officer to exercise the options
referred to in clause (A), if appropriate, and negotiate the price to extend the
contract accordingly.
Carried unanimously.
ITEM 6.16
TENDER - EVENT CLEANING IN PARKS AND OPEN SPACES (S120638)
It is resolved that:
(A)
Council accept the tender offer of Tenderer ‘C’, and its schedule of rates, for event
cleaning in the City’s parks and open spaces for a period of three years, with the
option of an extension of a further three years, if appropriate;
(B)
authority be delegated to the Chief Executive Officer to negotiate, execute and
administer the contract relating to the tender; and
(C)
authority be delegated to the Chief Executive Officer to exercise the option referred
to in clause (A), if appropriate, and negotiate the price to extend the contract
accordingly.
Carried unanimously.
47
Monday 23 February 2015
ITEM 6.17
TENDER – ANDREW (BOY) CHARLTON POOL - REPLACEMENT OF BOILERS
(S100640.015)
It is resolved that:
(A)
Council reject the tender submissions received for the Andrew (Boy) Charlton Pool
boiler replacement for the reasons set out in confidential Tender Evaluation
Summary, Attachment A to the subject report;
(B)
Council enter into negotiations with contractors who are suitably qualified and
demonstrate a capacity to undertake the Andrew (Boy) Charlton Pool boiler
replacement scope of works. It is noted that:
(i)
inviting fresh tenders would not attract additional suitable contractors over
and above those that have responded to this tender; and
(ii)
Council’s reasons for determining to enter into negotiations with contractors
are to ensure that, given the value, asset life and impact on energy costs and
efficiency, the equipment is sourced and installed by the most qualified
contractors while proving value for money;
(C)
authority be delegated to the Chief Executive Officer to enter into negotiations with
contractors who are suitably qualified and demonstrate a capability to undertake
the scope of works;
(D)
authority be delegated to the Chief Executive Officer to enter into a contract subject
to the conclusion of negotiations with suitable companies for the Andrew (Boy)
Charlton Pool boiler replacement; and
(E)
Council be informed of the successful contractor by CEO Update.
Carried unanimously.
ITEM 6.18
TENDER - TEMPORARY MARQUEE FOR MARCONI TERRACE (S059701.009)
It is resolved that:
(A)
Council accept the tender offer of Tenderer ‘A’, subject to relevant planning and
heritage approvals, for the design and construction of a marquee for use on the
Marconi Terrace, and its ongoing management for three years which covers its
installation, removal, cleaning, maintenance and storage; and
(B)
authority be delegated to the Chief Executive Officer to negotiate, execute and
administer the contract relating to the tender.
Carried unanimously.
Report of the Economic Development and Business Sub-Committee
Moved by Councillor Vithoulkas seconded by Councillor Kemmis –
Monday 23 February 2015
48
That the report of the Economic Development and Business Sub-Committee of its
meeting of 16 February 2015 be received and the recommendations set out below for
Items 6.19 and 6.20 be adopted.
Carried unanimously.
The Sub-Committee recommended the following:
ITEM 6.19
CITY OF SYDNEY BUSINESS AWARDS - SPONSORSHIP OF NSW BUSINESS
CHAMBER BUSINESS AWARDS PROGRAM 2015 AND 2016 (S116257)
It is resolved that Council:
(A)
approve sponsorship of the NSW Business Chamber Business Awards program for
2015 and 2016 at an annual sponsorship fee of $40,000; and
(B)
note that the sponsorship now encompasses:
(i)
a newly defined Sydney City region, with entries available only to businesses
within the City of Sydney’s LGA; and
(ii)
continued sponsorship of the “Excellence in Small Business” category,
available to entrants across all regions, and ultimately across NSW.
Carried unanimously.
ITEM 6.20
SPONSORSHIP - SPRINGBOARD AUSTRALIA 2015 (S118695)
It is resolved that:
(A)
Council approve a cash sponsorship of $25,000 (excluding GST) and $5,000
value-in-kind for venue hire to Springboard Enterprises Australia Ltd, with the City
to become a patron sponsor of the Springboard Australia Accelerator Program in
2015; and
(B)
authority be delegated to the Chief Executive Officer to negotiate and enter into a
sponsorship agreement with Springboard Enterprises Australia Ltd.
Carried unanimously.
Speakers
Ms Topaz Conway addressed the meeting of the Corporate, Finance, Properties and
Tenders Committee (Economic Development and Business Sub-Committee) on Item
6.20.
49
ITEM 7
Monday 23 February 2015
REPORT OF THE ENVIRONMENT COMMITTEE - 16 FEBRUARY 2015
PRESENT
The Lord Mayor Councillor Clover Moore
(Chair)
Councillor Irene Doutney
(Deputy Chair)
Councillors Christine Forster, Jenny Green, Robyn Kemmis, Robert Kok, Edward
Mandla, John Mant, Linda Scott and Angela Vithoulkas.
At the commencement of business at 3.58pm those present were The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla, Mant and
Scott.
Councillor Vithoulkas arrived at the meeting of the Environment Committee at 4.00pm
during discussion on Item 7.2.
The meeting of the Environment Committee concluded at 4.50pm.
Report of the Committee
Moved by Councillor Doutney, seconded by the Chair (the Lord Mayor) That the Report of the Environment Committee of its meeting of 16 February 2015 be
received, and the recommendation set out below for Item 7.3 be adopted, with Item 7.1
being noted, and Items 7.2 and 7.4 being dealt with as shown immediately following
those items.
Carried unanimously.
ITEM 7.1
DISCLOSURES OF INTEREST
No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the
agenda for this meeting of the Environment Committee.
The Committee recommended the following:
ITEM 7.2
DRAFT ENERGY EFFICIENCY (BUILDINGS) MASTER PLAN – PUBLIC EXHIBITION
(S083168)
It is resolved that Council approve:
(A)
the draft Energy Efficiency Master Plan as shown at Attachment A to the subject
report for public exhibition; and
Monday 23 February 2015
(B)
50
the Technical Appendix to the draft Energy Efficiency Master Plan as shown at
Attachment B to the subject report, being the Energy Efficiency Master Plan
Foundation Report by pitt&sherry, for public exhibition.
At the meeting of Council, it was moved by Councillor Doutney, seconded by the Chair
(the Lord Mayor) –
That the recommendation of the Environment Committee be adopted.
The motion was carried on the following show of hands –
Ayes (9)
The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Forster, Mant,
Scott and Vithoulkas.
Noes (1)
Councillor Mandla.
Motion carried.
ITEM 7.3
HYDE PARK MASTERPLAN IMPLEMENTATION – CONCEPT DESIGN AND
PACKAGES 1 TO 4 – PROJECT SCOPE (S109306)
It is resolved that Council endorse:
(A)
the scope of works in Packages 1 to 4 for Hyde Park Implementation for
progression to design development; and
(B)
the project scope for Packages 1 and 2 as outlined in the subject report for
construction documentation and progression to tender, noting that Packages 3 and
4 will be subject to a further report to Council.
Carried unanimously.
ITEM 7.4
VICTORIA PARK IMPROVEMENTS, CAMPERDOWN – PROJECT SCOPE (S117291)
It is resolved that Council endorse the scope of works for Victoria Park as described in
the subject report, together with the considerations outlined in paragraph 29 of that
report, for progression to design development and preparation of tender documentation.
At the meeting of Council, it was moved by Councillor Doutney, seconded by Councillor
Kemmis –
That the recommendation of the Environment Committee be adopted.
Amendment. Moved by Councillor Scott, seconded by Councillor Mant –
That the motion be amended, such that it read as follows –
51
Monday 23 February 2015
It is resolved that Council:
(A)
endorse the scope of works for Victoria Park as described in the subject report,
together with the considerations outlined in paragraph 29 of that report, for
progression to design development and preparation of tender documentation;
(B)
note that the date of the construction commencement for Stage 2 is September
2020; and
(C)
request the Chief Executive Officer explore options for securing funding from
UrbanGrowth to bring forward the construction commencement for Stage 2 ahead
of September 2020 to deliver the project earlier.
The amendment was lost on the following show of hands –
Ayes (1)
Councillor Scott.
Noes (9)
The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla,
Mant and Vithoulkas.
Amendment lost.
The motion was carried unanimously.
Monday 23 February 2015
ITEM 8
52
REPORT OF THE CULTURAL AND COMMUNITY COMMITTEE - 16
FEBRUARY 2015
PRESENT
The Lord Mayor Councillor Clover Moore
(Chair)
Councillors Irene Doutney, Christine Forster, Jenny Green, Robyn Kemmis, Robert Kok,
Edward Mandla, John Mant, Linda Scott and Angela Vithoulkas.
At the commencement of business at 5.05pm those present were The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla, Mant,
Scott and Vithoulkas.
Sub-Committees
Meetings of the following Sub-Committees of the Cultural and Community Committee
commenced at the times shown below.
The Cultural Sub-Committee, with Councillor Jenny Green as Deputy Chair, commenced
at 5.06pm.
The Community Sub-Committee, with Councillor Linda Scott as Deputy Chair,
commenced at 5.19pm.
The meeting of the Cultural and Community Committee and all its Sub-Committees
concluded at 5.57pm.
ITEM 8.1
DISCLOSURES OF INTEREST
Councillor Linda Scott disclosed a less than significant non-pecuniary interest in Item 8.3
on the agenda in that she is a former Chair and current member of the Surry Hills
Neighbourhood Centre, which would be affected by the draft Policy, Guide and Schedule
of Fees and Charges for Markets.
No other Councillors disclosed any pecuniary or non-pecuniary interests in any matter on
the agenda for this meeting of the Cultural and Community Committee.
Report of the Cultural Sub-Committee
Moved by Councillor Green, seconded by Councillor Kok That the report of the Cultural Sub-Committee of its meeting of 16 February 2015 be
received, and the recommendation set out below for Item 8.2 be adopted, with Item 8.1
being noted.
Carried unanimously.
The Cultural Sub-Committee recommended the following:
53
Monday 23 February 2015
ITEM 8.2
SPONSORSHIP – 2015 CHINA AUSTRALIA MILLENNIAL PROJECT (S124959)
It is resolved that:
(A)
Council approve $22,900 inclusive of GST value in-kind (in the form of venue hire
waiver) to AustraliaChina.org Pty Ltd for the coordination of the 2015 China
Australia Millennial Project in Sydney; and
(B)
authority be delegated to the Chief Executive Officer to negotiate, execute and
administer a sponsorship agreement with AustraliaChina.org Pty Ltd.
Carried unanimously.
Speakers
Ms Andrea Myles addressed the meeting of the Cultural and Community Committee
(Cultural Sub-Committee) on Item 8.2.
Report of the Community Sub-Committee
Moved by Councillor Scott, seconded by Councillor Green That the report of the Community Sub-Committee of its meeting of 16 February 2015 be
received, and the recommendations set out below for Items 8.4 and 8.5 be adopted, and
Items 8.3 and 8.6 being dealt with as shown immediately following those items.
Carried unanimously.
The Community Sub-Committee recommended the following:
ITEM 8.3
DRAFT MARKETS POLICY AND GUIDE – PUBLIC EXHIBITION (S048212-01)
It is resolved that:
(A)
Council approve the draft City of Sydney Markets Policy and draft Guide to Setting
up a Market on Council Land, as shown at Attachments A and B respectively to the
subject report, for public exhibition for a period of 28 days;
(B)
Council approve the draft Schedule of Fees and Charges for Markets, as shown at
Attachment C to the subject report, for public exhibition for a period of 28 days in
accordance with sections 610F and 705 of the Local Government Act 1993;
(C)
authority be delegated to the Chief Executive Officer (CEO) to approve and amend
as necessary from time to time the “Guide to Setting up a Market on Council Land”;
and
(D)
authority be delegated to the CEO to approve any required transition plans for
existing markets moving to the new arrangements.
Monday 23 February 2015
54
Note - the recommendation of the Cultural and Community Committee was not adopted.
At the meeting of Council, it was moved by Councillor Scott, seconded by Councillor
Green It is resolved that:
(A)
Council approve the draft City of Sydney Markets Policy as shown at Attachment A
to the subject report, for public exhibition for a period of 28 days, subject to the
third paragraph on page 4 of the draft Policy being amended to read as follows:
“Community Consultation
In addition to any public notice required by law for certain agreements for the use
of community or Crown land, the City will undertake community consultation to
address any community needs and concerns as part of the assessment of Market
Proposals by:
•
•
•
sending notification letters to residents and businesses, within reasonable
distance of the market, inviting them to comment on market proposals
public exhibition of market proposals on the City’s website
displaying a notice of any proposed market use on the site
Submissions received following public exhibition will be considered in the final
Market Approval.”
(B)
Council approve the draft Guide to Setting up a Market on Council Land, as shown
at Attachment B to the subject report, for public exhibition for a period of 28 days;
(C)
Council approve the draft Schedule of Fees and Charges for Markets, as shown at
Attachment C to the subject report, for public exhibition for a period of 28 days in
accordance with sections 610F and 705 of the Local Government Act 1993;
(D)
authority be delegated to the Chief Executive Officer (CEO) to approve and amend
as necessary from time to time the “Guide to Setting up a Market on Council Land”;
and
(E)
authority be delegated to the CEO to approve any required transition plans for
existing markets moving to the new arrangements.
Carried unanimously.
Speakers
Mr Chris Newman and Ms Kesaya Wanit addressed the meeting of the Cultural and
Community Committee (Community Sub-Committee) on Item 8.3.
Monday 23 February 2015
55
ITEM 8.4
ACCOMMODATION GRANT PROGRAM – ALLOCATION OF PROPERTIES 2015
(S117676)
It is resolved that:
(A)
Council approve the Accommodation Grant Program recommendations listed as
follows:
Market
Rental (per
annum)
Organisation
Property
Milk Crate
Theatre
Alexandria Town Hall
Ground Floor Office
Space, 73 Garden
Street, Alexandria
$10,786
Screen Culture
Association Inc
Benledi House (Space
1), 186 Glebe Point
Road, Glebe
$7,583
Glebe Chamber
of Commerce
Inc
Benledi House (Space
2), 186 Glebe Point
Road, Glebe
$12,350
Neighbour
Connections Inc
St. Helens Community
Centre (Spaces 1, 2 and
3), 184 Glebe Point
Road, Glebe
$19,940
Stanford House
Inc
Walter Burley Griffin
Incinerator, 53 Forsyth
Street, Glebe
$17,700
(B)
Recommended Grant
Amount and Subsidy
$5,393 on a 50 per cent
subsidy in the first year.
$4,999 on a 45 per cent
subsidy in the second year.
$4,577 on a 40 per cent
subsidy in the third year.
$7,583 on a 100 per cent
subsidy in the first year.
$5,858 on a 75 per cent
subsidy in the second year.
$4,023 on a 50 per cent
subsidy in the third year.
$9,262 on a 75 per cent
subsidy in the first year.
$8,268 on a 65 per cent
subsidy in the second year.
$7,206 on a 55 per cent
subsidy in the third year.
$9,970 on a 50 per cent
subsidy in the first year.
$9,242 on a 45 per cent
subsidy in the second year.
$8,462 on a 40 per cent
subsidy in the third year.
$17,700 on a 100 per cent
subsidy in the first year.
$17,319 on a 95 per cent
subsidy in the second year.
$16,900 on a 90 per cent
subsidy in the third year.
in the event that any of the nominated organisations in Clause (A) either decline to
take up the property, move on from the allocated property within one year, or if a
similar space becomes available in the property within a one year period, Council
approve the Accommodation Grant Program waitlisted recommendations listed as
follows:
Monday 23 February 2015
56
Market
Rental (per
annum)
Waitlisted
Organisation
Property
Gunawirra Ltd
Alexandria Town Hall
Ground Floor Office
Space, 73 Garden
Street, Alexandria
$10,786
Friends of Sole
Parents Inc
Benledi House (Space
1), 186 Glebe Point
Road, Glebe
$7,583
Screen Culture
Association Inc
Benledi House (Space
2), 186 Glebe Point
Road, Glebe
$12,350
B.Miles
Women’s
Foundation Inc
St. Helens Community
Centre (Spaces 1, 2 and
3), 184 Glebe Point
Road, Glebe
$19,940
Gunawirra Ltd
Walter Burley Griffin
Incinerator, 53 Forsyth
Street, Glebe
$17,700
Recommended Grant
Amount and Subsidy
$5,393 on a 50 per cent
subsidy in the first year,
with Council’s approval
being sought for
subsequent years.
$5,308 on a 70 per cent
subsidy in the first year.
$5,077 on a 65 per cent
subsidy in the second year.
$4,827 on a 60 per cent
subsidy in the third year.
$12,350 on a 100 per cent
subsidy in the first year.
$9,540 on a 75 per cent
subsidy in the second year.
$6,551 on a 50 per cent
subsidy in the third year.
$13,958 on a 70 per cent
subsidy in the first year.
$12,323 on a 60 per cent
subsidy in the second year.
$10,577 on a 50 per cent
subsidy in the third year.
$8,850 per annum on a 50
per cent subsidy in the first
year, with Council’s
approval being sought for
subsequent years.
(C)
Council note the continuation of Wrap With Love’s tenancy at 4/4 Huntley Street,
Alexandria under the Accommodation Grant Program and approve an
Accommodation Grant for two years from 1 July 2014 to 30 June 2016 of $32,781
per annum on a 100 per cent subsidy with an annual increase of 3 per cent;
(D)
Council note that the market rental value is calculated with an annual increase of 3
per cent per annum and excludes GST; and
(E)
authority be delegated to the Chief Executive Officer to negotiate, execute and
administer agreements with any organisation approved for an Accommodation
Grant on terms consistent with this resolution and in accordance with the Grants
and Sponsorship Policy.
Carried unanimously.
57
Monday 23 February 2015
ITEM 8.5
GRANT – ANZAC DAY DAWN SERVICE TRUST INC (S117676)
It is resolved that:
(A)
Council approve a cash grant of $20,000 (excluding GST) to the Anzac Day Dawn
Service Trust Inc to support the 2015 Anzac Day Dawn Service in Martin Place,
Sydney;
(B)
Council approve the total funding of up to $20,000 (excluding GST) to be sourced
from the 2014/15 Grants and Sponsorship Budget; and
(C)
authority be delegated to the Chief Executive Officer to negotiate, execute and
administer a funding agreement with Anzac Day Dawn Service Trust Inc.
Carried unanimously.
ITEM 8.6
SPONSORSHIP – OZHARVEST 2015 CEO COOKOFF (S116523)
It is resolved that:
(A)
Council approve cash sponsorship of $3,000 (excluding GST) for the OzHarvest
2015 CEO CookOff; and
(B)
authority be delegated to the Chief Executive Officer to negotiate, execute and
administer an agreement with OzHarvest for the CEO CookOff.
At the meeting of Council, it was moved by Councillor Scott –
That the recommendation of the Cultural and Community Committee be adopted, subject
to the amount of $3,000 in clause (A) being changed to $6,000.
The motion lapsed for want of a seconder.
It was then moved by the Chair (the Lord Mayor), seconded by Councillor Kemmis –
That the recommendation of the Cultural and Community Committee be adopted.
Carried unanimously.
Monday 23 February 2015
ITEM 9
58
REPORT OF THE PLANNING AND DEVELOPMENT COMMITTEE - 17
FEBRUARY 2015
PRESENT
The Lord Mayor Councillor Clover Moore
(Chair)
Councillors Irene Doutney, Christine Forster, Jenny Green, Robyn Kemmis, Robert Kok,
Edward Mandla, John Mant, Linda Scott and Angela Vithoulkas.
At the commencement of business at 4.07pm, those present were:
The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla, Mant,
Scott and Vithoulkas.
Adjournment
At 5.07pm, it was moved by the Chair (the Lord Mayor), seconded by Councillor Mant –
That the meeting of the Planning and Development Committee be adjourned for a short
period of time.
Carried.
At the resumption of the meeting of the Planning and Development Committee at
5.21pm, those present were:
The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla, Mant,
Scott and Vithoulkas.
Councillor Mandla left the meeting of the Planning and Development Committee at
6.01pm, during discussion on Item 9.7 and returned to the meeting at 6.05pm, at the
commencement of discussion on Item 9.9.
Closed Meeting
At 5.43pm, the Planning and Development Committee resolved to close the meeting to
the public to receive and discuss confidential legal advice in relation to Item 9.6 on the
agenda.
Open Meeting
At 5.54pm, the meeting of the Planning and Development Committee was reopened to
the public.
Sub-Committees
Meetings of the following Sub-Committees of the Planning and Development Committee
commenced at the times shown below.
The Transport, Heritage and Planning Sub-Committee, with Councillor Mant as Deputy
Chair, commenced at 4.08pm.
Monday 23 February 2015
59
The Major Development Assessment Sub-Committee, with Councillor Kok as Deputy
Chair, commenced at 5.21pm.
The Development Assessment Sub-Committee, with Councillor Mant as Deputy Chair,
commenced at 6.05pm.
The meeting of the Planning and Development Committee and all its Sub-Committees
concluded at 6.39pm.
ITEM 9.1
DISCLOSURES OF INTEREST
(a)
Section 451 of the Local Government Act 1993
No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the
agenda for this meeting of the Planning and Development Committee.
(b)
Local Government
Donations) Act 2008
and
Planning
Legislation
Amendment
(Political
No disclosures were made by any members of the public at this meeting of the Planning
and Development Committee.
Report of the Transport, Heritage and Planning Sub-Committee
Moved by Councillor Mant, seconded by Councillor Green That the report of the Transport, Heritage and Planning Sub-Committee of its meeting of
17 February 2015 be received, with Item 9.1 being noted, the recommendations set out
below for Items 9.2 and 9.5 being adopted, and Items 9.3 and 9.4 being dealt with as
shown immediately following those items.
Carried unanimously.
The Transport, Heritage and Planning Sub-Committee recommended the following:
ITEM 9.2
POST EXHIBITION:
PLANNING PROPOSAL AND DRAFT DEVELOPMENT
CONTROL PLAN FOR 60 MARTIN PLACE (S110780)
It is resolved that:
(A)
Council note the matters raised in response to the public exhibition of Planning
Proposal – Sydney Local Environmental Plan 2012 – 60 Martin Place and the draft
Sydney Development Control Plan 2012 – 60 Martin Place, as shown at
Attachment A to the subject report, and which are the subject of the report;
Monday 23 February 2015
60
(B)
Council approve the Planning Proposal – Sydney Local Environmental Plan 2012 –
60 Martin Place, as shown at Attachment B to the subject report, to be made as a
local environmental plan under section 59 of the Environmental Planning and
Assessment Act 1979;
(C)
Council approve the draft Sydney Development Control Plan 2012 – 60 Martin
Place, shown at Attachment C to the subject report, specifying the date of
publication of the subject local environmental plan as the date the approved
development control plan comes into effect, in accordance with Clause 21 of the
Environmental Planning and Assessment Regulation 2000; and
(D)
authority be delegated to the Chief Executive Officer to make any minor changes to
Planning Proposal – Sydney Local Environmental Plan 2012 – 60 Martin Place and
the draft Sydney Development Control Plan 2012 – 60 Martin Place to correct
drafting errors prior to finalisation of the local environmental plan.
Carried unanimously.
ITEM 9.3
PUBLIC EXHIBITION - DRAFT SYDNEY DEVELOPMENT CONTROL PLAN – SIGNS
AND ADVERTISEMENTS 2015 (S106781.001)
It is resolved that Council approve the Draft Sydney Development Control Plan – Signs
and Advertisements 2015, as shown at Attachment A to the subject report, for public
authority consultation and public exhibition for a minimum of 28 days.
At the meeting of Council, it was moved by Councillor Mant, seconded by Councillor
Kemmis –
That the recommendation of the Planning and Development Committee be adopted.
The motion was carried on the following show of hands –
Ayes (9)
The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mant,
Scott and Vithoulkas
Noes (1)
Councillor Mandla.
Motion carried.
ITEM 9.4
‘A PLAN FOR GROWING SYDNEY’ – SYDNEY METROPOLITAN STRATEGY
UPDATE (S104359)
The Transport, Heritage and Planning Sub-Committee decided that consideration of this
matter be deferred to the meeting of Council on 23 February 2015.
At the meeting of Council, it was moved by Councillor Mant, seconded by Councillor
Kemmis –
61
Monday 23 February 2015
It is resolved that Council:
(A)
receive and note the subject report; and
(B)
note that the following will be core issues informing the City’s consultations with
key agencies and stakeholders during the subregional plan preparation process:
(i)
the City of Sydney Local Government Area should be identified as a single
subregion;
(ii)
employment (jobs) and housing targets should be identified for the City of
Sydney Local Government Area, its Strategic Centres and employment
lands;
(iii)
robust social, cultural, environmental, economic and other relevant targets
should be included in subregional plans;
(iv)
targets and performance indicators should be specific, measurable,
achievable, realistic and timely;
(v)
new and innovative funding mechanisms and funding commitments are
needed to pay for infrastructure that supports growth, if Sydney is to remain
globally competitive;
(vi)
investment in public transport infrastructure must be a priority;
(vii) subregional plans should incorporate detailed actions for hotel and visitor
accommodation;
(viii) increasing building heights in Sydney’s CBD should be based on sound
planning principles, in appropriate locations, and balanced with good amenity
outcomes that support and attract diverse and sustainable investment;
(ix)
that the State Government and the Greater Sydney Commission work with
councils and the community to ensure their early and ongoing involvement in
the preparation of subregional plans; and
(x)
that strategies for key urban renewal projects and precincts, such as Central
to Eveleigh, the Bays Precinct and the Parramatta Road corridor, are
included in subregional plans to ensure integration between urban renewal
and subregional planning.
Procedural Motion
Moved by the Chair (the Lord Mayor), seconded by Councillor Forster –
It is resolved that consideration of this matter be deferred to the next meeting cycle.
Carried unanimously.
Speakers
Ms Jeanette Brokman addressed the meeting of the Planning and Development
Committee (Transport, Heritage and Planning Sub-Committee) on Item 9.4.
Monday 23 February 2015
62
ITEM 9.5
FIRE SAFETY REPORTS (S105001)
It is resolved that Council:
(A)
note the contents of the Fire Safety Summary Sheet, as shown at Attachment A to
the subject report;
(B)
note the inspection reports by Fire and Rescue NSW, as shown at Attachments B
to H to the subject report;
(C)
not exercise its power to issue an Order 6 at this time, but note that a Council
Order 6 is currently in place which addresses the identified fire safety deficiencies
in 141-145 Commonwealth Street, Surry Hills, as detailed in Attachment B;
(D)
note that an Order 6 has been issued under circumstances that required prompt
action by Council’s Building Officer to address the identified fire safety deficiencies
in 64-64B Darlinghurst Road, Potts Point, as detailed in Attachment C;
(E)
not exercise its power to issue an Order 6 at this time, but note the compliance
action taken and as recommended by Council’s Building Officer to address the
identified fire safety deficiencies in 139-141 Macquarie Street, Sydney, as detailed
in Attachment D;
(F)
not exercise its power to issue an Order 6 at this time, but note the compliance
action taken and as recommended by Council’s Building Officer to address the
identified fire safety deficiencies in 65-67 Foveaux Street, Surry Hills, as detailed in
Attachment E;
(G)
not exercise its power to issue an Order 6 at this time, but note the compliance
action taken and as recommended by Council’s Building Officer to address the
identified fire safety deficiencies in 258-260 Pitt Street, Sydney, as detailed in
Attachment F;
(H)
not exercise its power to issue an Order 6 at this time, but note that a Council
Order 6 is currently in place to address the identified fire safety deficiencies in 6
and 6A-6G Cowper Wharf Roadway, Woolloomooloo, as detailed in Attachment G;
and
(I)
not exercise its power to issue an Order 6 at this time, but note the compliance
action taken and as recommended by Council’s Building Officer to address the
identified fire safety deficiencies in 10 and 12 Bellevue Street, Surry Hills, as
detailed in Attachment H.
Carried unanimously.
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Monday 23 February 2015
Report of the Major Development Assessment Sub-Committee
Moved by Councillor Kok, seconded by Councillor Kemmis That the report of the Major Development Assessment Sub-Committee of its meeting of
17 February 2015 be received, with the recommendations set out below for Items 9.7
and 9.8 being adopted, and Item 9.6 being dealt with as shown immediately following
that item.
Carried unanimously.
The Major Development Assessment Sub-Committee recommended the following:
ITEM 9.6
DEVELOPMENT APPLICATION:
(D/2014/1071)
481-483 ELIZABETH STREET SURRY HILLS
The Major Development Assessment Sub-Committee decided that consideration of this
matter be deferred to the meeting of Council on 23 February 2015.
At the meeting of Council, it was moved by Councillor Kok, seconded by Councillor
Mant –
It is resolved that consent be granted to Development Application No. D/2014/1071,
subject to the conditions as detailed in the subject report.
Carried unanimously.
The motion, as adopted by Council, is as follows:
It is resolved that consent be granted to Development Application No. D/2014/1071,
subject to the following conditions:
SCHEDULE 1A
Approved Development/Design Modifications/Covenants and Contributions/Use
and Operation
Note: Some conditions in Schedule 1A are to be satisfied prior to issue of a Construction
Certificate and some are to be satisfied prior to issue of Occupation Certificate, where
indicated.
(1)
APPROVED DEVELOPMENT
(a)
Development must be in accordance with Development Application No.
D/2014/1071 dated 18 July 2014 and the following drawings:
Drawing Number
Architect
Date
1420-DA01 REV F
Couvaras Architects
24.12.2014
1420-DA03 REV E
Couvaras Architects
18.12.2014
Monday 23 February 2015
64
Drawing Number
Architect
Date
1420-DA04 REV E
Couvaras Architects
18.12.2014
1420-DA05 REV F
Couvaras Architects
24.12.2014
1420-DA06 REV E
Couvaras Architects
18.12.2014
1420-DA07 REV F
Couvaras Architects
24.12.2014
1420-DA08 REV E
Couvaras Architects
18.12.2014
1420-DA09 REV E
Couvaras Architects
18.12.2014
1420-DA10 REV E
Couvaras Architects
18.12.2014
1420-DA11 REV E
Couvaras Architects
18.12.2014
1420-DA12 REV F
Couvaras Architects
24.12.2014
1420-DA13 REV E
Couvaras Architects
18.12.2014
1420-DA14 REV E
Couvaras Architects
18.12.2014
1420-DA15 REV E
Couvaras Architects
18.12.2014
1420-DA16 REV E
Couvaras Architects
18.12.2014
1420-DA19 REV E
Couvaras Architects
18.12.2014
1420-DA20 REV E
Couvaras Architects
18.12.2014
and as amended by the conditions of this consent.
(b)
(2)
In the event of any inconsistency between the approved plans and
supplementary documentation, the plans will prevail.
DESIGN MODIFICATIONS
The design of the building must be modified as follows:
(a)
The design and material treatment of the front balconies facing
Elizabeth Street on levels 3-6 needs to be refined. The current
treatment of the solid masonry balcony up-stand makes the extent of
the balcony projection unnecessarily prominent. The design is to be
amended to continue the mesh balustrade for a portion of the balcony
return and incorporate a handrail. Details of the balcony re-design and
materials must be submitted for approval.
65
(b)
Monday 23 February 2015
The proposed landscape plan for the communal roof terrace (drawing
no. LP01/B dated 09.12.2014 prepared by black beetle) is not
approved. A revised plan without the dining table areas and with
additional soft landscaping must be submitted for approval.
The modifications are to be submitted to and approved in writing by Council’s
Director City Planning, Development and Transport prior to the issue of a
Construction Certificate.
(3)
SECTION 94 EASTERN PRECINCT CITY OF SYDNEY DEVELOPMENT
CONTRIBUTIONS PLAN 2006
As a consequence of this development, Council has identified an additional
demand for public amenities and facilities. Pursuant to Section 94 of the
Environmental Planning and Assessment Act, 1979 (as amended), and City
of Sydney Section 94 Contributions Development Contributions Plan 2006
the following monetary contributions towards the cost of providing facilities
and amenities are required.
Contribution Category
Amount
Community Facilities
$10,680.25
Public Domain
$20,592.60
New Open Space
$167,548.54
Accessibility
$1,690.16
Management
$1,827.46
Total
$202,339.01
The above payments will be adjusted according to the relative change in the
Consumer Price Index using the following formula.
Contributions at Time of Payment = C x CPI2 / CPI1
where:
C
is the original contribution amount as shown above;
CPI2
is the Consumer Price Index: All Groups Index for Sydney
available from the Australian Bureau of statistics at the time of
payment; and
CPI1
is the Consumer Price Index: All Groups Index for Sydney
available from the Australian Bureau of Statistics at the date of
calculation being – Q1 2015.
The contribution must be paid prior to issue of a Construction Certificate.
Payment may be by EFTPOS (debit card only), CASH or a BANK CHEQUE
made payable to the City of Sydney. Personal or company cheques will not
be accepted.
Monday 23 February 2015
66
Please
contact
Council’s
Planning
Administration
staff
at
[email protected] to confirm the amount
payable, prior to payment.
Copies of the City of Sydney Section 94 Development Contributions Plan
2006 may be inspected at Council's offices.
(4)
FLOOR SPACE RATIO - ALL OTHER AREAS
The following applies to Floor Space Ratio:
(5)
(6)
(a)
The Floor Space Ratio for the residential use must not exceed 3.5:1
calculated in accordance with Sydney Local Environmental Plan 2012.
For the purposes of the calculation of FSR, the total Gross Floor Area
is 893sqm.
(b)
Prior to an Occupation Certificate being issued, a Registered Surveyor
must provide certification of the total and component Gross Floor Areas
(by use) in the development, utilising the definition under Sydney Local
Environmental Plan 2012, applicable at the time of development
consent, to the satisfaction of the Principal Certifying Authority.
BUILDING HEIGHT
(a)
The height of the building must not exceed RL 55.63 (AHD) to the top
of the building and RL 54.5 (AHD) to the parapet of the building.
(b)
Prior to an Occupation Certificate being issued, a Registered Surveyor
must provide certification that the height of the building accords with (a)
above, to the satisfaction of the Principal Certifying Authority.
DETAILS OF CROSS-VENTILATION
Details of the proposed cross-ventilation proposed for unit 5.03 on level 5 of
the development, including details of the ventilation outlet at the eastern end
of the unit are to be submitted to and approved in writing by Council’s
Director City Planning, Development and Transport prior to the issue of a
Construction Certificate.
(7)
RESTRICTION ON RESIDENTIAL DEVELOPMENT
The following restriction applies to buildings approved for residential use:
(a)
The accommodation portion of the building (ground floor to level 5)
must be used as permanent residential accommodation only and not
for the purpose of a hotel, motel, serviced apartments, private hotel,
boarding house, tourist accommodation or the like, other than in
accordance with the Sydney Local Environmental Plan 2012.
(b)
No more than two adult people shall occupy any bedroom and no
bedroom shall contain more than two beds. This excludes children and
children’s beds, cots or bassinets.
(c)
The total number of adults residing in one unit shall not exceed twice
the number of approved bedrooms.
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(8)
Monday 23 February 2015
(d)
A restrictive covenant is to be registered on the title of the development
site in the above terms and restricting any change of use of those
levels from residential accommodation as defined in Sydney Local
Environmental Plan 2012. The covenant is to be registered on title
prior to an Occupation Certificate being issued or the use commencing,
whichever is earlier, to the satisfaction of the Council. All costs of the
preparation and registration of all associated documentation are to be
borne by the applicant.
(e)
If a unit contains tenants, it must be subject to a residential tenancy
agreement for a term of at least three months.
(f)
No person can advertise or organise the use of residential apartments
approved under this consent for short term accommodation or share
accommodation.
RESTRICTION ON USE OF CAR SPACES - RESIDENTIAL
The following conditions apply to car parking:
(9)
(a)
The on-site car parking spaces, exclusive of service and visitor car
spaces, are not to be used other than by an occupant, tenant or
resident of the subject building.
(b)
Prior to an Occupation Certificate being issued, a documentary
restrictive covenant, is to be registered on the Title of the development
site pursuant to Section 88E of the Conveyancing Act 1919, to the
effect of (a) above. The covenant is to be created appurtenant to
Council, at no cost to and to the satisfaction of Council.
(c)
To the effect of (a) above, any future strata subdivision of the site is to
include a restriction on User pursuant to section 39 of the Strata Titles
(Freehold Development) Act, 1973, as amended, burdening all utility
car parking allotments in the Strata Plan and/or an appropriate
restrictive covenant pursuant to section 88B of the Conveyancing Act
1919 burdening all car parking part - lots in the strata scheme.
APPROVED DESIGN ROOF - TOP PLANT
All roof-top plant and associated equipment must be located within the
approved building envelope. Should the plant exceed the approved building
envelope, then further approval is required from Council.
(10) AIR CONDITIONERS GENERALLY
No air-conditioning equipment is to be visible from the public domain.
Equipment and associated wiring shall:
(a)
Not be located on awnings or attached to the face of the building;
(b)
Not be located on roofs in such a way that it is visible from any street,
footpath or park;
(c)
Be visually screened if located 1.8 metres above ground level in other
locations; and
Monday 23 February 2015
(d)
68
Wiring shall be fully concealed.
(11) MATERIALS AND SAMPLES BOARD
(a)
The proposed finishes plan as shown on drawing 1420-DA17 Rev E
dated 18.12.2014 is not approved. The proposed ‘Prodema Cladding’ is
not supported. Alternative cladding options including different materials
and finishes must be provided to Council.
(b)
The external colour scheme of the retained facades to Elizabeth Street
is to comprise predominantly earthy tones in keeping with the overall
Victorian character of the building and/or character of the Heritage
Conservation Area. It is recommended that reference be made to the
book "Colour Schemes for Old Australian Houses" by Ian Evans, Clive
Lucas and Ian Stapleton.
A materials sample board detailing all proposed finishes must be submitted
to and approved by Council’s Director City Planning, Development and
Transport prior to a Construction Certificate being issued.
(12) CONSERVATION OF EASTERN FACADES OF EXISTING BUILDINGS
(a)
All significant fabric and features of the eastern façade of the existing
terraces must be retained and properly repaired/restored.
(b)
The missing original fabric and features, including the first level
balustrade and French doors, are to be reinstated.
(c)
Detailed drawings and specifications at a scale of 1:50 to 1:20 of the
conservation and reinstatement works must be submitted to and
approved in writing by Council’s Director City Planning, Development
and Transport prior to the issue of a Construction Certificate.
(13) PHOTOGRAPHIC ARCHIVAL DOCUMENTATION (MINOR WORKS)
Prior to a Construction Certificate being issued, an archival photographic
recording of the existing buildings (including interior) is to be prepared to
Council's satisfaction. The recording may be in either digital or film-based
form, or a combination of both, prepared in accordance with the NSW
Heritage Division of the Department of Environment and Heritage guidelines
titled "Photographic Recording of Heritage Items using Film or Digital
Capture". One copy of the record is to be submitted to Council to be lodged
with Council's Archives.
The form of the recording is to be as follows:
(a)
In A4 format, placed in archival plastic sleeves in an appropriate
archival folder.
(b)
The Development Application number must be noted on the front of the
folder and in the report.
(c)
Include a summary report detailing the project description, date and
authorship of the photographic record, method of documentation and
limitations of the photographic record.
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Monday 23 February 2015
(d)
Each negative, slide or digital image is to be cross referenced to a
photographic catalogue and photographic base plans.
(e)
Include written confirmation, issued with the authority of both the
applicant and the photographer that the City of Sydney is granted a
perpetual non-exclusive licence to make use of the copyright in all
images supplied, including the right to make copies available to third
parties as though they were Council images. The signatures of both the
applicant and the photographer must be included.
A digital based recording is to include:
(f)
CD or DVD containing the report in PDF format and the electronic
images saved as JPEG, TIFF or PDF files and cross referenced to the
digital catalogue sheets and base plans.
A film based recording is to include:
(g)
35mm film images submitted as contact sheets with equivalent
negatives, a selection of black and white prints 200 x 250mm, and
35mm colour transparencies, all labelled and cross-referenced to the
catalogue sheets and base plans.
(14) SUBMISSION OF ELECTRONIC CAD MODELS PRIOR TO OCCUPATION
CERTIFICATE
(a)
Prior to an Occupation Certificate being issued, an accurate 1:1
electronic CAD model of the completed development must be
submitted to Council for the electronic Visualisation City Model.
(b)
The data required to be submitted within the surveyed location must
include and identify:
(i)
building design above and below ground in accordance with the
development consent;
(ii)
all underground services and utilities, underground structures and
basements, known archaeological structures and artefacts;
(iii)
a current two points on the site boundary clearly marked to show
their Northing and Easting MGA (Map Grid of Australia)
coordinates, which must be based on Established Marks
registered in the Department of Lands and Property Information’s
SCIMS Database with a Horizontal Position Equal to or better
than Class C.
The data is to be submitted as a DGN or DWG file on a Compact Disc.
All modelling is to be referenced to the Map Grid of Australia (MGA)
spatially located in the Initial Data Extraction file.
(c)
The electronic model must be constructed in accordance with the City’s
3D CAD electronic model specification. The specification is available
online at http://www.cityofsydney.nsw.gov.au/development/applicationguide/application-process/model-requirements Council’s Modelling staff
should be consulted prior to creation of the model. The data is to
comply with all of the conditions of the Development Consent.
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70
(15) USE OF COMMON AREAS AND FACILITIES
(a)
The roof top terrace must be available for the use all residents of the
building, and must be designated as common property on any strata
subdivision of the site, with no exclusive use rights.
(b)
The rooftop terrace can only be used between 7.00am and 10.30pm,
Mondays to Sundays. Amplified sound must not be provided in the
common open space at any time.
(16) DEMOLITION, EXCAVATION AND
VIBRATION MANAGEMENT PLAN
CONSTRUCTION
NOISE
AND
A site specific noise management plan shall be submitted to the Council for
comment and approval prior to issue of any Construction Certificate.
The Plan must be prepared by a suitably qualified person who possesses the
qualifications to render them eligible for membership of the Australian
Acoustic Society, Institution of Engineers Australia or the Australian
Association of Acoustic Consultants.
The plan must include but not be limited to the following:(a)
identification of noise sensitive receivers near to the site.
(b)
A prediction as to the level of noise impact likely to affect the nearest
noise sensitive receivers from the use and proposed number of high
noise intrusive appliances intended to be operated onsite. A statement
should also be submitted outlining whether or not predicted noise levels
will comply with the noise criteria stated within the City of Sydney
Construction Hours /Noise Code of Practice 1992 for the typical
construction hours of 07.00am to 7.00pm. Where resultant site noise
levels are likely to be in exceedance of this noise criteria then a
suitable proposal must be given as to the duration and frequency of
respite periods that will be afforded to the occupiers of neighbouring
property.
(c)
A representative background noise measurement (LA90, 15 minute) should
be submitted, assessed in the vicinity of any potentially affected
receiver locations and measured in accordance with AS 1055:1.2.1997.
(d)
Confirmation of the level of community consultation that has/is and will
be undertaken with Building Managers/ occupiers of the main adjoining
noise sensitive properties likely to be most affected by site works and
the operation of plant/machinery particularly during the demolition and
excavation phases.
(e)
Confirmation of noise monitoring methodology that is to be undertaken
during the main stages of work at neighbouring noise sensitive
properties in order to keep complaints to a minimum and to ensure that
noise from site works complies with the noise criteria contained within
City's Construction Noise Code.
(f)
What course of action will be undertaken following receipt of a
complaint concerning offensive noise.
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Monday 23 February 2015
(g)
Details of any noise mitigation measures that have been outlined by an
acoustic consultant or otherwise that will be deployed on site to reduce
noise impacts on the occupiers of neighbouring noise sensitive
property to a minimum.
(h)
What plant and equipment is to be used on site, the level of sound
mitigation measures to be undertaken in each case and the criteria
adopted in their selection taking into account the likely noise impacts
on the occupiers of neighbouring property and other less intrusive
technologies available.
(17) COMPLIANCE WITH DEMOLITION, EXCAVATION & CONSTRUCTION
NOISE AND VIBRATION MANAGEMENT PLAN
(a)
All works conducted on site which form part of this development must
be carried out in accordance with the submitted and Council approved
Demolition, Excavation and Construction Management Plan.
(b)
Where all such control measures have been implemented and the
resultant noise and/ or vibration levels at any sensitive receiver still
exceed the council’s applicable criteria stated in the Construction
Hours/Noise Code 1992 and are giving rise to sustained complaints
then the contractor must provide regular, appropriate and sustained
periods of respite in consultation with Council’s Health and Building
unit. Approval to vary the authorised noise and vibration levels must be
received in writing by the proponent from Council prior to activities
being undertaken that exceed sanctioned emission levels. (Use where
respite periods not specified under the approved DEC NMP)
Such periods must be set and agreed to by Council’s Health and
Building Unit.
(18) COMPLIANCE WITH THE ACOUSTIC REPORT - ACOUSTIC
ASSESSMENTS REQUIRED PRIOR TO CONSTRUCTION AND OR
OCCUPATION CERTIFICATES
(a)
All recommendations contained in the acoustic report prepared by
Acoustic Logic Reference Number 20140707.1/0207A/R1/RL July
2014, must be implemented during construction and prior to occupation
of the premises. Including the following:
(i)
10.38mm laminated glazing for Elizabeth Street façade windows
with acoustic seals around the perimeter of the open-able frames.
(ii)
6.38mm laminated glazing for Little Buckingham Street façade
windows with acoustic seals around the perimeter of the openable frames.
Monday 23 February 2015
72
Where detailed design and specification of acoustic performance
requirements cannot be completed during the DA stage acoustic report,
a suitably qualified acoustic consultant* is to be engaged prior to the
commencement of the construction stage of the project. Prior to
construction and occupation certificate being issued, the proponent’s
consultant will finalise acoustic specifications such that the proposed
use is capable of complying and operating within the sound
transmission and insulation requirements of the National Construction
Code and the following requirements of the design criteria identified in
the acoustic report:
(iii)
(b)
Noise emissions from all mechanical plant must be assessed and
limited so that compliance with condition NOISE – GENERAL is
achieved. Noise goals being derived from the acoustic report by
Acoustic Logic, Reference Number 20140707.1/0207A/R1/RL,
July 2014
Acoustic design criteria or performance specifications that have arisen
from the DA acoustic report or any subsequent acoustic assessment
into the proposed use shall be finalised and verified by a suitably
qualified acoustic consultant.
Verification of the requirements in part (a) of this condition shall be
done in accordance with relevant Australian Standards and guidelines
and presented in a report to the satisfaction of the Principal Certifying
Authority. The report will outline how the noise criteria, performance
specifications and National Construction Code requirements have been
established, verified and tested and present the results of engineering
calculations, tests and noise measurements.
Where an acoustic performance specification or construction
requirement fails to comply with an acoustic report pertinent to the use
or the sound transmission and insulation requirements of the National
Construction Code, the Principal Certifying Authority is to be notified
and remediation works and certification testing conducted to the
satisfaction of the consultant and the Principal Certifying Authority.
Notification of the above is to be provided in writing by the proponent’s
consultant.
(c)
Following completion of all verification testing, measurement and
reporting, a final acoustic compliance report referencing all testing,
verification, noise measurement results and reports undertaken is to be
submitted the Principal Certifying Authority. This will occur prior to the
Occupation Certificate/s being issued or commencement of use
(whichever is earlier).
The report is to be prepared to the satisfaction of the Principal
Certifying Authority and is to incorporate a clear statement certifying
that the development or proposed use is fully capable of, complying
with all the design criteria and operating within the requirements of the
applicable acoustic and noise control conditions and criteria and sound
transmission and insulation requirements of the National Construction
Code.
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Monday 23 February 2015
Note: Suitably qualified Acoustic Consultant means a consultant who
possesses the qualifications to render them eligible for membership of
the Australian Acoustics Society, Institution of Engineers Australia or
the Association of Australian Acoustic Consultants at the grade of
member.
(19) NOISE - GENERAL
(a)
(b)
The emission of noise associated with the use of the premises
including the cumulative operation of any mechanical plant and
equipment, and air conditioning shall comply with the following:
(i)
The LAeq, 15 minute noise level emitted from the use must not exceed
the project specific noise level for that receiver as determined in
accordance with the NSW EPA Industrial Noise Policy. Noise
must be measured in accordance with the Industrial Noise Policy
and relevant requirements of Australian Standard AS 1055-1997
Acoustics – Description and measurement of environmental
noise.
(ii)
Project specific noise levels shall be determined by establishing
the existing environmental noise levels, in complete accordance
with the assessment LA90, 15 minute / rating LA90, 15 minute process to be
in accordance with the requirements for noise monitoring listed in
the NSW EPA Industrial Noise Policy and relevant requirements
of Australian Standard AS1055-1997 Standard AS 1055-1997
Acoustics – Description and measurement of environmental
noise.
(iii)
Modifying factors in Table 4.1 of the NSW EPA Industrial Noise
Policy are applicable.
An LAeq,15 minute noise level emitted from the use must not exceed the
LA90, 15 minute noise level by more than 3dB in any Octave Band Centre
Frequency (31.5 Hz to 8 kHz inclusive) when assessed inside any
habitable room of any affected residence or noise sensitive commercial
premises provided that;
(i)
Where the LA90, 15 minute noise level is below the threshold of
hearing, Tf at any Octave Band Centre Frequency as defined in
Table 1 of International Standard ISO 226 : 2003- Normal EqualLoudness-Level Contours then the value of Tf corresponding to
that Octave Band Centre Frequency shall be used instead.
(ii)
The LAeq,15 minute noise level and the LA90,15 minute noise level shall
both be measured with all external doors and windows of the
affected residence closed;
(iii)
The relevant background noise level (LA90, 15 minute) is taken to
mean the day, evening or night rating background noise level
determined in complete accordance with the methodology
outlined in the NSW EPA Industrial Noise Policy and Australian
Standard AS1055.1997 Acoustics – Description and
measurement of environmental noise.
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74
(iv)
Background noise shall be established in the absence of all noise
emitted from the use but with the ventilation equipment normally
servicing the affected residence operating. Background noise
measurements are to be representative of the environmental
noise levels at the affected location.
(v)
Modifying factors in Table 4.1 of the NSW EPA Industrial Noise
Policy are applicable. Internal Noise measurements are not to be
corrected for duration.
(20) NOISE – OUTDOOR COMMUNAL FACILITY
Noise from the outdoor communal facility shall be compliant with the
following and no amplified sound is to be provided on or projected from the
roof top communal facility:
(a)
The LA10, 15 minute noise level emitted from the use must not exceed the
background noise level (LA90, 15minute) in any Octave Band Centre
Frequency (31.5 Hz to 8 kHz inclusive) by more than 5dB between the
hours of 7.00am and 12.00 midnight when assessed at the boundary of
any affected residence.
(b)
The LA10, 15 minute noise level emitted from the use must not exceed the
background noise level (LA90, 15 minute) in any Octave Band Centre
Frequency (31.5 Hz to 8 kHz inclusive) between the hours of 12.00
midnight and 7.00am when assessed at the boundary of any affected
residence.
(c)
Notwithstanding compliance with (a) and (b) above, noise from the use
is not to cause the existing established LA90, 15 minute which enters a
separate residential premises, in the absence of noise from the use, to
increase in any Octave Band Centre Frequency (31.5 Hz to 8 kHz
inclusive) when assessed within a habitable room at any affected
residential use between the hours of 7am and 12midnight.
(d)
Notwithstanding compliance with (a), (b) and (c) above, the noise from
the use must not be audible within any habitable room in any
residential use between the hours of 12.00 midnight and 7.00am.
(e)
The LA10, 15 minute noise level emitted from the use must not exceed the
background noise level (LA90, 15 minute) in any Octave Band Centre
Frequency (31.5 Hz to 8 kHz inclusive) by more than 3dB when
assessed indoors at any affected commercial premises.
Note: The LA10, 15 minute noise level emitted from the use is as per the definition
in the Australian Standard AS1055-1997 Acoustics – Description and
measurement of environmental noise. The background noise level LA90, 15
minute is to be determined in the absence of noise emitted by the use and be
representative of the noise sensitive receiver. It is to be determined from the
assessment LA90 / rating LA90 methodology in complete accordance with the
process listed in the NSW EPA Industrial Noise Policy and relevant
requirements of AS1055.1997.
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(21) ASSOCIATED ROADWAY COSTS
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 the City’s “Sydney Streets Technical Specification” including
amendments and “Sydney Streets Design Code”.
(22) BICYCLE PARKING AND END OF TRIP FACILITIES
(a)
The minimum number of bicycle parking spaces and end of trip
facilities to be provided for the development must comply with the table
below.
Bicycle Parking Type
Residential
Residential visitor
Non-residential
Non-residential visitor
Number Requirements
17
Spaces must be a class 1
bicycle locker
Spaces must be Class 3
bicycle rails
Spaces must be Class 2
bicycle facilities
Spaces must be Class 3
bicycle rails
Notes:
(i)
(b)
If a basement storage area on title that is large enough to store a
bike and is no smaller than a class 1 bike locker this can be
counted as a space.
The layout, design and security of bicycle facilities must comply with
the minimum requirements of Australian Standard AS 2890.3 Parking
Facilities Part 3: Bicycle Parking Facilities. The details must be
submitted to and approved by the Principle Certifying Authority
confirming prior to the Construction Certificate being issued.
(23) CHANGES TO KERB SIDE PARKING RESTRICTIONS
A separate submission must be made to the Local Pedestrian, Cycling and
Traffic Calming Committee via the City Infrastructure and Traffic Operations
Unit seeking the City’s approval for any changes to kerb side parking
arrangements. There is no guarantee kerb side parking will be changed, or
that any change will remain in place for the duration of the development use.
The submission must include two plans. One showing the existing kerb side
parking restriction signs and stems, the second showing the proposed kerb
side parking restriction signs and stems. Both plans must include chainages
to all signs and stems from the kerb line of the nearest intersection.
All costs associated with the parking proposal will be borne by the developer.
Note: As parking in the LGA is at a premium, it is recommended that the
applicant should approach the Area Traffic Engineer to discuss the proposal
before making a submission.
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(24) COST OF SIGNPOSTING
All costs associated with signposting for any kerbside parking restrictions and
traffic management measures associated with the development shall be
borne by the developer.
(25) PARKING DESIGN
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 Parking facilities Part 1: Off-street car
parking, AS/NZS 2890.2 Parking facilities Part 2: Off-commercial vehicle
facilities and AS/NZS 2890.6 Parking facilities Part 6: Off-street parking for
people with disabilities. The details must be submitted to and approved by
the Principal Certifying Authority prior to a Construction Certificate being
issued.
(26) PARKING ON COMMON PROPERTY AREAS
No part of the common property, apart from the visitor vehicle spaces which
are to be used only by visitors to the building, and service vehicle spaces
which are to be used only by service vehicles, is to be used for the parking or
storage of vehicles or boats. Any future strata subdivision of the building is to
include an appropriate documentary restriction pursuant to Section 88B of
the Conveyancing Act 1919, so burdening common property, with the
Council being the authority to release, vary or modify the restriction.
(27) TRAFFIC WORKS
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 Local Pedestrian,
Cycling and Traffic Calming Committee prior to any work commencing on
site.
(28) VEHICLE FOOTWAY CROSSING
A separate application is to be made to, and approved by, Council for the
construction of any proposed vehicle footway crossing or for the removal of
any existing crossing and replacement of the footpath formation where any
such crossings are no longer required.
All disused or redundant vehicle crossings and laybacks must be removed
and footway, kerb, gutter and road restoration reinstated in accordance with
Council’s standards, to suit the adjacent finished footway and edge treatment
materials, levels and details, or as otherwise directed by Council officers. All
construction and replacement works are to be completed in accordance with
the approved plans prior to the issue of an Occupation Certificate.
Note: In all cases the construction materials should reinforce the priority of
pedestrian movement over that of the crossing vehicle.
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SCHEDULE 1B
Prior to Construction Certification/Commencement of Work/Health and Building
Note: Prior to the issue of the Construction Certificate, sufficient information must be
forwarded to the certifying authority (whether Council or a private accredited certifier)
illustrating compliance with the relevant requirements of the Building Code of Australia
(and a copy forwarded to Council where Council is not the certifying authority). If Council
is to be the certifying authority, please contact the Building Unit to discuss the
requirements prior to submission of the application for construction certificate.
(29) ACCESS AND FACILITIES FOR PERSONS WITH DISABILITIES
The building must be designed and constructed to provide access and
facilities for people with a disability in accordance with the Building Code of
Australia.
If, in complying with this condition, amendments to the development are
required, the design changes must be submitted to and approved by Council
prior to a Construction Certificate being issued.
(30) LANDSCAPING OF THE SITE
(a)
A detailed landscape plan, drawn to scale, by a qualified landscape
architect or landscape designer, must be submitted to and approved by
Council’s Director City Planning, Development and Transport prior to
the issue of a Construction Certificate for above ground building works.
The plan must include:
(i)
Location of existing and proposed structures on the site including,
but not limited to, existing and proposed trees, paved areas,
planted areas on slab, planted areas in natural ground, lighting
and other features;
(ii)
Details of earthworks and soil depths including mounding and
retaining walls and planter boxes (if applicable). The minimum
soil depths for planting on slab must be 1000mm for trees,
450mm for shrubs and 200mm for groundcovers;
(iii)
Location, numbers, type and supply of plant species, with
reference to NATSPEC (if applicable);
(iv)
Details of planting procedure and maintenance;
(v)
Details of drainage, waterproofing and watering systems.
(b)
Prior to the issue of a Construction Certificate, a maintenance plan is to
be submitted to and approved by the Principal Certifying Authority. The
maintenance plan is to be complied with during occupation of the
property.
(c)
All landscaping in the approved plan is to be completed prior to an
Occupation Certificate being issued.
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(31) CONSTRUCTION TRAFFIC MANAGEMENT PLAN
(a)
The Construction Traffic Management Plan accompanying this
Development Application has not been approved by this consent.
(b)
A Construction Traffic Management Plan must be submitted to and
approved by Council prior to a Construction Certificate being issued.
(32) ASBESTOS REMOVAL WORKS
(a)
All works removing asbestos containing materials must be carried out
by a suitably licensed asbestos removalist duly licensed with
WorkCover NSW, holding either a Friable (Class A) or a Non- Friable
(Class B) Asbestos Removal Licence which ever applies.
(b)
Five days prior to the commencement of licensed asbestos removal,
WorkCover must be formally notified of the works. All adjoining
properties and those opposite the development must be notified in
writing of the dates and times when asbestos removal is to be
conducted. The notification is to identify the licensed asbestos removal
contractor and include a contact person for the site together with
telephone number and email address.
(c)
All works must be carried out in accordance with the Work Health and
Safety Regulation 2011 and the NSW Government and WorkCover
document entitled How to manage and control asbestos in the work
place: Code of Practice (NSW WorkCover) and the City of Sydney
Managing Asbestos Policy.
(d)
The asbestos removalist must use signs and barricades to clearly
indicate the area where the asbestos removal work is being performed.
Signs must be placed in positions so that people are aware of where
the asbestos removal work area is and should remain in place until
removal is completed and clearance to reoccupy has been granted.
Responsibilities for the security and safety of the asbestos removal site
and removal work area should be specified in the asbestos removal
control plan (where required). This includes inaccessible areas that are
likely to contain asbestos.
(e)
Warning signs must be placed so they inform all people nearby that
asbestos removal work is taking place in the area. Signs should be
placed at all of the main entry points to the asbestos removal work area
where asbestos is present. These signs should be weatherproof,
constructed of light-weight material and adequately secured so they
remain in prominent locations. The signs should be in accordance with
AS 1319-1994 Safety signs for the occupational environment for size,
illumination, location and maintenance.
(f)
Asbestos to be disposed of must only be transported to waste facilities
licensed to accept asbestos. The names and location of these facilities
are listed in Appendix F of the City of Sydney’s Managing Asbestos
Guidelines.
(g)
No asbestos products are to be reused on the site (i.e. packing pieces,
spacers, formwork or fill etc).
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(h)
No asbestos laden skips or bins are to be left in any public place
without the approval of Council.
(i)
A site notice board must be located at the main entrance to the site in a
prominent position and must have minimum dimensions of 841mm x
594mm (A1) with any text on the notice to be a minimum of 30 point
type size.
The site notice board must include the following:
(i)
contact person for the site;
(ii)
telephone and facsimile numbers and email address; and
(iii)
site activities and time frames.
(33) NOTIFICATION – NEW CONTAMINATION EVIDENCE
Any new information which comes to light during remediation, demolition or
construction works which has the potential to alter previous conclusions
about site contamination shall be notified to the City’s Area Planning
Manager and the Principal Certifying Authority immediately.
(34) CLASSIFICATION OF WASTE
Prior to the exportation of waste (including fill or soil) from the site, the waste
materials must be classified in accordance with the provisions of the
Protection of the Environment Operations Act 1997 and the NSW DECC
Waste Classification Guidelines, Part1: Classifying Waste (July 2009). The
classification of the material is essential to determine where the waste may
be legally taken. The Protection of the Environment Operations Act 1997
provides for the commission of an offence for both the waste owner and the
transporters if the waste is taken to a place that cannot lawfully be used as a
waste facility for the particular class of waste. For the transport and disposal
of industrial, hazardous or Group A liquid waste advice should be sought
from the EPA.
(35) MECHANICAL VENTILATION
(a)
The premises must be ventilated in accordance with the Building Code
of Australia and AS1668.1 and AS1668.2.
(b)
Details of any mechanical ventilation and/or air conditioning system
complying with AS1668.1 and AS1668.2, the Building Code of Australia
and relevant Australian Standards must be prepared by a suitably
qualified person certified and certified in accordance with Clause
A2.2(a)(iii) of the Building Code of Australia, to the satisfaction of the
Certifying Authority prior to the issue of a Construction Certificate.
(c)
Prior to issue of an Occupation Certificate and following the completion,
installation, and testing of all the mechanical ventilation systems, a
Mechanical Ventilation Certificate of Completion and Performance in
accordance with Clause A2.2(a)(iii) of the Building Code of Australia,
must be submitted to the Principal Certifying Authority.
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(36) ARCHAEOLOGICAL DISCOVERY DURING EXCAVATION
(a)
Should any relics be unexpectedly discovered on the site during
excavation, all excavation or disturbance to the area is to stop
immediately and the Heritage Council of NSW should be informed in
accordance with section 146 of the Heritage Act 1977.
(b)
Should any Aboriginal objects be unexpectedly discovered then all
excavation or disturbance of the area is to stop immediately and NSW
Government Office of Environment and Heritage is to be informed in
accordance with Section 89A of the National Parks and Wildlife Act
1974.
(c)
Should any archaeological remains or Aboriginal objects be
discovered, a copy of recording of the finds and the final archaeological
summary report is to be submitted to Council prior to the Occupational
Certificate.
(d)
If the discovery is on Council’s land, Council must be informed.
(37) ALIGNMENT LEVELS – MAJOR DEVELOPMENT
(a)
Proposed building floor levels, basement levels, basement car park
entry levels and ground levels shown on the approved Development
Application plans are indicative only and have not been approved by
this consent.
(b)
Prior to a Construction Certificate being issued for any excavation, civil
construction, drainage or building work (whichever is earlier), excluding
approved preparatory or demolition work, alignment levels for the
building and site frontages must be submitted to and approved by
Council. The submission must be prepared by a Registered Surveyor,
must be in accordance with the City of Sydney's Public Domain Manual
and must be submitted with a completed Alignment Levels checklist
(available in the Public Domain Manual) and Footpath Levels and
Gradients Approval Application form (available on the City’s website).
(c)
These alignment levels, as approved by Council, are to be incorporated
into the plans submitted with the application for a Construction
Certificate for any civil, drainage and public domain work as applicable
under this consent. If the proposed detailed design of the public domain
requires changes to any previously approved Alignment Levels, then
an amended Alignment Levels submission must be submitted to and
approved by Council to reflect these changes prior to a Construction
Certificate being issued for public domain work.
(38) PHOTOGRAPHIC RECORD / DILAPIDATION REPORT - PUBLIC DOMAIN
Prior to an approval for demolition being granted or a Construction Certificate
being issued, whichever is earlier, a photographic recording of the public
domain site frontages is to be prepared and submitted to Council's
satisfaction.
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The recording must include clear images of the building facade adjoining the
footpath, the footpath, nature strip, kerb and gutter, driveway crossovers and
laybacks, kerb ramps, road carriageway, street trees and plantings, parking
restriction and traffic signs, and all other existing infrastructure along the
street.
The form of the recording is to be as follows:(a)
A PDF format report containing all images at a scale that clearly
demonstrates the existing site conditions;
(b)
Each image is to be labelled to identify the elements depicted, the
direction that the image is viewed towards, and include the name of the
relevant street frontage;
(c)
Each image is to be numbered and cross referenced to a site location
plan;
(d)
A summary report, prepared by a suitable qualified professional, must
be submitted in conjunction with the images detailing the project
description, identifying any apparent existing defects, detailing the date
and authorship of the photographic record, the method of
documentation and limitations of the photographic record;
(e)
Include written confirmation, issued with the authority of both the
applicant and the photographer that the City of Sydney is granted a
perpetual non-exclusive license to make use of the copyright in all
images supplied, including the right to make copies available to third
parties as though they were Council images. The signatures of both the
applicant and the photographer must be included.
Any damage to the public way including trees, footpaths, kerbs, gutters, road
carriageway and the like must immediately be made safe and functional by
the applicant. Damage must be fully rectified by the applicant in accordance
with the City’s standards prior to a Certificate of Completion being issued for
Public Domain Works or before an Occupation Certificate is issued for the
development, whichever is earlier.
(39) PROTECTION OF SURVEY INFRASTRUCTURE
Prior to the commencement of any work on site, a statement prepared by a
Surveyor registered under the Surveying Act 2002 must be submitted to
Council verifying that a survey has been carried out in accordance with the
Surveyor General’s Direction No. 11 – Reservation of Survey Infrastructure.
Any Permanent Marks proposed to be or have been destroyed must be
replaced, and a "Plan of Survey Information" must be lodged at the Land and
Property Management Authority.
Reason: To ensure that the survey control infrastructure and cadastral
framework are preserved for the public benefit and in accordance with the
Surveying Act 2002.
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(40) PUBLIC DOMAIN PLAN
(a)
A detailed Public Domain Plan must be prepared by a suitably qualified
architect, urban designer, landscape architect or engineer and must be
lodged with Council’s Public Domain Section and be approved by
Council prior to a Construction Certificate being issued for public
domain work or above ground building work, whichever is later. The
Public Domain Plan must be submitted with a completed Public
Domain Plan checklist (available in the City of Sydney’s Public Domain
Manual).
(b)
The Public Domain Plan must document all works required to ensure
that the public domain complies with the City of Sydney’s Public
Domain Manual, Sydney Streets Design Code and Sydney Streets
Technical Specification, including requirements for road pavement,
traffic measures, footway pavement, kerb and gutter, drainage, vehicle
crossovers, pedestrian ramps, lighting, street trees and landscaping,
signage and other public domain elements. If an Alignment Levels
condition applies to the development, the Public Domain Plan
submission must incorporate the approved Alignment Levels. If the
proposed detailed design of the public domain requires changes to any
previously approved Alignment Levels, then an amended Alignment
Levels submission must be submitted to and approved by Council to
reflect these changes prior to a Construction Certificate being issued
for public domain work.
(c)
The works to the public domain are to be completed in accordance with
the approved Public Domain Plan and Alignment Levels plans and the
Public Domain Manual before any Occupation Certificate is issued in
respect of the development or before the use commences, whichever is
earlier.
(d)
A Public Domain Works Deposit will be required for the public domain
works, in accordance with the City of Sydney’s adopted fees and
charges and the Public Domain Manual. The Public Domain Works
Deposit must be submitted as an unconditional bank guarantee in
favour of Council as security for completion of the obligations under this
consent.
(e)
Council's Public Domain section must be contacted to determine the
guarantee amount prior to lodgement of the guarantee. The guarantee
must be lodged with Council prior to a Construction Certificate being
issued.
(f)
The Bank Guarantee will be retained in full until all Public Domain
works are completed and the required certifications, warranties and
works-as-executed documentation are submitted and approved by
Council in writing. On satisfying the above requirements, 90% of the
total securities will be released. The remaining 10% will be retained for
the duration of the specified Defects Liability Period.
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(41) PUBLIC DOMAIN WORKS - HOLD POINTS AND HANDOVER
(a)
Prior to a Construction Certificate being issued for public domain work,
including civil, drainage and subsurface works, , a set of hold points for
approved public domain, civil and drainage work is to be determined
with and approved by the City's Public Domain section in accordance
with the City of Sydney's Public Domain Manual and Sydney Streets
Technical Specification.
(b)
Prior to a Certificate of Completion being issued for public domain
works and before the issue of any Occupation Certificate for the
development or before the use commences, whichever is earlier,
electronic works-as-executed (as-built) plans and documentation,
certified by a suitably qualified, independent professional must be
submitted to and accepted by Council for all public domain works.
Completion and handover of the constructed public domain works must
be undertaken in accordance with the City of Sydney's Public Domain
Manual and Sydney Streets Technical Specification, including
requirements for as-built documentation, certification, warranties and
the defects liability period.
(42) STORMWATER AND DRAINAGE - MAJOR DEVELOPMENT
(a)
Prior to a Construction Certificate being issued for any excavation, civil
construction, drainage or building work (whichever is earlier), excluding
approved preparatory or demolition work, details of the proposed
stormwater disposal and drainage from the development including a
system of on-site stormwater detention in accordance with Council’s
standard requirements and details of the provision and maintenance of
overland flow paths must be submitted to and approved by Council. All
approved details for the disposal of stormwater and drainage are to be
implemented in the development.
(b)
The requirements of Sydney Water with regard to the on site detention
of stormwater must be ascertained and complied with. Evidence of the
approval of Sydney Water to the on-site detention must be submitted
prior to a Construction Certificate being issued excluding any approved
preparatory, demolition or excavation works.
(c)
Prior to the issue of any Occupation Certificate, a Positive Covenant
must be registered on the title for all drainage systems involving OnSite Detention (OSD) to ensure maintenance of the approved OSD
system regardless of the method of connection.
(d)
Any proposed connection to the Council's underground drainage
system will require the owner to enter into a Deed of Agreement with
the Council and obtain registration on Title of a Positive Covenant prior
to Construction Certificate being issued for public domain works or
above ground building works, whichever is earlier, and prior to the
commencement of any work within the public way.
(e)
An "Application for Approval of Stormwater Drainage Connections"
must be submitted to the Council with the appropriate fee at the time of
lodgement of the proposal for connection of stormwater to the Council's
drainage system.
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(43) DEFECTS LIABILITY PERIOD – PUBLIC DOMAIN WORKS
All works to the City’s public domain, including rectification of identified
defects, are subject to a 12 month defects liability period from the date of
final completion. The date of final completion will be nominated by Council
on the Certificate of Completion for public domain works.
(44) PROTECTION OF STONE KERBS
(a)
The existing stone kerbs on the site frontages of the site are to be
retained and properly protected during excavation and construction
works.
(b)
To avoid damage to stone kerbs during excavation and construction
works for the development, temporary removal and storage of the
stone kerbs may be approved by Council. Removed, serviceable stone
kerbs (i.e. those that are in good condition as agreed by Council
officers) must be re-installed in accordance with the City of Sydney’s
standard details and specifications after the construction works have
been completed. Note: A temporary concrete kerb will need to be
constructed to retain the footpath until the stone kerbs can be
reinstalled. The removed stone kerbs are to be reinstalled prior to the
issue of an Occupation Certificate. Note: all costs associated with the
works are to be at no cost to the Council.
(c)
Damaged kerbs are to be replaced to match existing to Council’s
satisfaction or as otherwise advised by Council officers.
(d)
Where new crossings or temporary crossings are to be constructed to
access the property, the affected kerb stones should be salvaged and
reused wherever possible.
(e)
All new driveway laybacks and kerbs are to be constructed with stone
kerbs to match existing stones or as specified by City officers. All
unused stone kerbs are to be salvaged and returned to the City’s store.
(f)
Council approval is required before kerbs are removed.
(g)
Council approval is required prior to the cutting of existing stone kerbs
for stormwater kerb outlets.
(45) PUBLIC DOMAIN DAMAGE DEPOSIT
A Public Domain Damage Deposit calculated on the basis of 14 lineal metres
of Elizabeth Street asphalt site frontage and 14 lineal metres of the Little
Buckingham Street concrete site frontage must be lodged with Council in
accordance with the City of Sydney’s adopted Schedule of Fees and
Charges. The Public Domain Damage Deposit must be submitted as an
unconditional bank guarantee in favour of Council as security for repairing
any damage to the public domain in the vicinity of the site.
The guarantee must be lodged with Council prior to an approval for
demolition being granted or a Construction Certificate being issued,
whichever is earlier.
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Monday 23 February 2015
The Bank Guarantee will be retained in full until the final Occupation
Certificate has been issued and any rectification works to the footway and
Public Domain are completed to Council’s satisfaction. On satisfying the
above requirements 90% of the total securities will be released, with the
remaining 10% to be retained for the duration of the 12 months Defect
Liability Period.
(46) PUBLIC DOMAIN LIGHTING
(a)
(b)
Prior to a Construction Certificate for public domain works or above
ground building works being issued, whichever is later, a detailed
Public Domain Lighting Plan for pedestrian and street lighting in the
public domain must be prepared by a suitably qualified, practicing
lighting engineer or lighting designer and must be submitted to and
approved by Council. The Lighting Plan must be prepared in
accordance with the City of Sydney’s Interim Draft Sydney Lights
Design Code, Sydney Streets Design Code, Sydney Streets Technical
Specification and Public Domain Manual and must include the
following:
(i)
Vertical and horizontal illuminance plots for the public domain
lighting design to demonstrate compliance with all relevant
Australian Standards and to meet the lighting categories and
requirements specified by the City;
(ii)
The location, type and category of existing and proposed lights,
including details of luminaire specifications, required to ensure
compliance with City policies and Australian Standards;
(iii)
Footing locations and structural details;
(iv)
Location and details of underground electrical reticulation,
connections and conduits;
(v)
Certification by a suitably qualified, practicing lighting engineer or
lighting designer to certify that the design complies with City
policies and all relevant Australian Standards including AS 1158,
AS 3000 and AS4282;
(vi)
Structural certification for footing designs by a suitably qualified,
practicing engineer to certify that the design complies with City of
Sydney policies and Australian Standards.
The public domain lighting works are to be completed in accordance
with the approved plans and the City of Sydney's Public Domain
Manual before any Occupation Certificate is issued in respect of the
development or before the use commences, whichever is earlier.
(47) DEMOLITION, EXCAVATION AND CONSTRUCTION MANAGEMENT
(a)
Prior to the commencement of demolition and/or excavation work the
following details must be submitted to and be approved by the Principal
Certifying Authority:
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(b)
86
(i)
Plans and elevations showing distances of the subject building
from the location of adjoining and common/party walls, and
(where applicable) the proposed method of facade retention.
(ii)
A Demolition Work Method Statement prepared by a licensed
demolisher who is registered with the Work Cover Authority. (The
demolition by induced collapse, the use of explosives or on-site
burning is not permitted.)
(iii)
An Excavation Work Method Statement prepared by an
appropriately qualified person.
(iv)
A Waste Management Plan for the demolition and or excavation
of the proposed development.
Such statements must, where applicable, be in compliance with
AS2601-2001 Demolition of Structures, the Work, Health and Safety
Act 2011 and Regulation; Council’s Policy for Waste Minimisation in
New Developments 2005, the Waste Avoidance and Resource
Recovery Act 2001, and all other relevant acts and regulations and
must include provisions for:
(i)
A Materials Handling Statement for the removal of refuse from
the site in accordance with the Waste Avoidance and Resource
Recovery Act 2001.
(ii)
The name and address of the company/contractor undertaking
demolition/excavation works.
(iii)
The name and address of the company/contractor undertaking off
site remediation/disposal of excavated materials.
(iv)
The name and address of the transport contractor.
(v)
The type and quantity of material to be removed from site.
(vi)
Location and method of waste disposal and recycling.
(vii) Proposed truck routes, in accordance with this development
consent.
(viii) Procedures to be adopted for the prevention of loose or
contaminated material, spoil, dust and litter from being deposited
onto the public way from trucks and associated equipment and
the proposed method of cleaning surrounding roadways from
such deposits. (Note: With regard to demolition of buildings, dust
emission must be minimised for the full height of the building. A
minimum requirement is that perimeter scaffolding, combined
with chain wire and shade cloth must be used, together with
continuous water spray during the demolition process.
Compressed air must not be used to blow dust from the building
site).
(ix)
Measures to control noise emissions from the site.
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(x)
Measures to suppress odours.
(xi)
Enclosing and making the site safe.
Monday 23 February 2015
(xii) Induction training for on-site personnel.
(xiii) Written confirmation that an appropriately qualified Occupational
Hygiene Consultant has inspected the building/site for asbestos,
contamination and other hazardous materials, in accordance with
the procedures acceptable to Work Cover Authority.
(xiv) An Asbestos and Hazardous Materials Clearance Certificate by a
person approved by the Work Cover Authority.
(xv) Disconnection of utilities.
(xvi) Fire Fighting. (Fire fighting services on site are to be maintained
at all times during demolition work. Access to fire services in the
street must not be obstructed).
(xvii) Access and egress. (Demolition and excavation activity must not
cause damage to or adversely affect the safe access and egress
of the subject building or any adjacent buildings).
(xviii) Waterproofing of any exposed surfaces of adjoining buildings.
(xix) Control of water pollution and leachate and cleaning of vehicles
tyres (proposals must be in accordance with the Protection of the
Environmental Operations Act 1997).
(xx) Working hours, in accordance with this development consent.
(xxi) Any Work Cover Authority requirements.
(c)
The approved work method statements and a waste management plan
as required by this condition must be implemented in full during the
period of construction.
(48) DILAPIDATION REPORT – MAJOR EXCAVATION/DEMOLITION
(a)
Subject to the receipt of permission of the affected landowner,
dilapidation report/s, including a photographic survey of adjoining
properties to the north and south are to be prepared by an
appropriately qualified structural engineer prior to commencement of
demolition/excavation works. A copy of the dilapidation report/s
together with the accompanying photographs must be given to the
above property owners, and a copy lodged with the Certifying Authority
and the Council prior to the issue of a Construction Certificate.
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UPON COMPLETION OF EXCAVATION/DEMOLITION
(b)
A second Dilapidation Report/s, including a photographic survey must
then be submitted at least one month after the completion of
demolition/excavation works. A copy of the second dilapidation
report/s, together with the accompanying photographs must be given to
the above property owners, and a copy lodged with the Principal
Certifying Authority and the Council prior to the issue of an Occupation
Certificate.
Any damage to buildings, structures, lawns, trees, sheds, gardens and the
like must be fully rectified by the applicant or owner, at no cost to the affected
property owner.
Note:
Prior to the commencement of the building surveys, the
applicant/owner must advise (in writing) all property owners of buildings to be
surveyed of what the survey will entail and of the process for making a claim
regarding property damage. A copy of this information must be submitted to
Council.
(49) EROSION AND SEDIMENT CONTROL - BETWEEN 250 AND 2,500SQM
Prior to the commencement of demolition/excavation/construction work, an
Erosion and Sediment Control Plan (ESCP) must be submitted to and be
approved by the Principal Certifying Authority. The ESCP must:
(a)
Conform to the specifications and standards contained in Managing
Urban Stormwater: Soils and Construction (Landcom, 2004); the
Guidelines for Erosion and Sediment Control on Building Sites (City of
Sydney, 2004); and the NSW Protection of the Environment Operations
Act 1997.
(b)
Include a drawing(s) that clearly shows:
(c)
(i)
location of site boundaries and adjoining roads
(ii)
approximate grades and indications of direction(s) of fall
(iii)
approximate location of trees and other vegetation, showing
items for removal or retention
(iv)
location of site access, proposed roads and other impervious
areas
(v)
existing and proposed drainage patterns with stormwater
discharge points
(vi)
north point and scale
Specify how soil conservation measures will be conducted on site
including:
(i)
timing of works
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(ii)
locations of lands where a protective ground cover will, as far as
is practicable, be maintained
(iii)
access protection measures
(iv)
nature and extent of earthworks, including the amount of any cut
and fill
(v)
where applicable, the diversion of runoff from upslope lands
around the disturbed areas
(vi)
location of all soil and other material stockpiles including topsoil
storage, protection and reuse methodology
(vii) procedures by which stormwater is to be collected and treated
prior to discharge including details of any proposed pollution
control device(s)
(viii) frequency and nature of any maintenance program
(ix)
other site-specific soil or water conservation structures.
(50) TEMPORARY GROUND ANCHORS, TEMPORARY SHORING AND
PERMANENT BASEMENT/RETAINING WALLS AFFECTING THE ROAD
RESERVE
For temporary shoring including ground anchors affecting the road reserve, a
separate application under Section 138 of the Roads Act 1993 must be
lodged with Council.
(51) ELECTRICITY SUBSTATION
If required by the applicable energy supplier, the owner must dedicate to the
applicable energy supplier, free of cost, an area of land within the
development site, but not in any landscaped area or in any area visible from
the public domain, to enable an electricity substation to be installed. The
size and location of the substation is to be submitted for approval of Council
and Energy Australia, prior to a Construction Certificate being issued or the
commencement of the use, whichever is earlier.
(52) UTILITY SERVICES
To ensure that utility authorities are advised of the development:
(a)
Prior to the issue of a Construction Certificate a survey is to be carried
out of all utility services within and adjacent to the site including
relevant information from utility authorities and excavation if necessary,
to determine the position and level of services.
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(b)
90
Prior to the commencement of work the applicant is to obtain written
approval from the utility authorities (e.g. Energy Australia, Sydney
Water, and Telecommunications Carriers) in connection with the
relocation and/or adjustment of the services affected by the
construction of the underground structure. Any costs in the relocation,
adjustment or support of services are to be the responsibility of the
developer.
(53) WASTE AND RECYCLING MANAGEMENT - RESIDENTIAL
(a)
The Waste Management Plan accompanying this Development
Application has not been approved by this consent.
(b)
A Waste Management Plan is to be submitted to and approved by
Council’s Area Planning Manager prior to a Construction Certificate
being issued. The plan must comply with the Council's Policy for Waste
Minimisation in New Developments 2005. All requirements of the
approved Waste Management Plan must be implemented during
construction of the development.
(c)
The building must incorporate designated areas or separate garbage
rooms constructed in accordance with Council’s Policy for Waste
Minimisation in New Developments 2005, to facilitate the separation of
commercial waste and recycling from residential waste and recycling.
UPON COMPLETION OF THE DEVELOPMENT
(d)
Prior to an Occupation Certificate being issued or the use commencing,
whichever is earlier, the Principal Certifying Authority must obtain
Council’s approval of the waste and recycling management facilities
provided in the development and ensure arrangements are in place for
domestic waste collection by Council.
(54) LAND SUBDIVISION
Any proposal to subdivide the site, including any stratum subdivision of the
building, will require a separate application to Council to obtain development
consent for the proposal and subsequent issue of the Subdivision Certificate
under Section 109J of the Environmental Planning and Assessment Act
1979.
(55) STRATA SUBDIVISION
Any proposal for strata subdivision of the site will require development
consent and therefore the lodgment of a separate development application or
complying development application, and subsequent approval from Council,
or an accredited certifier, of the Strata Plan and issue of a Strata Certificate
under the Strata Schemes (Freehold Development) Act 1973.
(56) TREES THAT MUST BE RETAINED
That the existing trees detailed in Table 1 below be retained and protected
throughout the proposed development.
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Table 1 – Tree Retention:
Approval is NOT granted for the removal of the following trees, which Council
has determined to be prominent landscape elements.
Tree
No:
1–2
Botanical / Common Name
Melalueca quinquenervia
(Paperbark)
Location
Street trees
(57) STREET TREE PROTECTION
Street trees must be protected in accordance with the Australian Standard
4970 Protection of Trees on Development Sites. All street trees must be
protected during the construction works as follows:
(a)
Tree trunk and major limb protection must be undertaken prior to the
issuing of the Construction Certificate. The protection must be installed
by a qualified Arborist (AFQ 2 or 3) and must include:
(i)
An adequate clearance, minimum 250mm, must be provided
between the structure and tree branches, limbs and truck at all
times;
(ii)
Tree trunk/s must be protected by wrapped hessian or similar
material to limit damage, and
(iii)
Timber planks (50mm x 100mm or similar) must be placed
around tree trunk/s. The timber planks must be spaced at 100mm
intervals, and must be fixed against the trunk with tie wire, or
strapping. The hessian and timber planks must not be fixed to the
tree in any instance, or in any fashion,
(iv)
Tree trunk protection is to remain in place for the duration of
construction and development works, and must be removed at
the completion of the project.
(b)
All hoarding support columns are to be placed a minimum of 300mm
from the edge of the existing tree pits/setts, so that no sinking or
damage occurs to the existing tree setts. Supporting columns must not
be placed on any tree roots that are exposed.
(c)
Materials or goods, including site sheds, must not be stored or placed:
(i)
around or under the tree canopy; or
(ii)
within two (2) metres of tree trunks or branches of any street
trees.
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(d)
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Any damage sustained to street tree/s as a result of the erection of
hoardings, scaffolding, or due to the loading/unloading of vehicles
adjacent the site, must be immediately reported to the Council's Street
Tree Contract Coordinator on 9265 9333, in order to determine the
appropriate action for maintaining the health and structural integrity of
any damaged street tree.
(58) STREET TREE PRUNING AND REMOVAL
(a)
The consent from Council must be obtained prior to the undertaking of
any street tree pruning works including tree roots greater than 40mm
diameter. Only minor pruning works will be approved by Council.
(b)
Any pruning that is required to accommodate hoardings, scaffolding, or
to accommodate the loading/unloading of vehicles, and has been
approved by Council, must be carried out by a qualified Arborist
(AQF3), and must be in accordance with AS4373 Australian Standards
'Pruning of Amenity Trees'.
SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(59) HOURS OF WORK AND NOISE – OUTSIDE CBD
The hours of construction and work on the development must be as follows:
(a)
All work, including building/demolition and excavation work, and
activities in the vicinity of the site generating noise associated with
preparation for the commencement of work (eg. loading and unloading
of goods, transferring of tools etc) in connection with the proposed
development must only be carried out between the hours of 7.30am
and 5.30pm on Mondays to Fridays, inclusive, and 7.30am and 3.30pm
on Saturdays, with safety inspections being permitted at 7.00am on
work days, and no work must be carried out on Sundays or public
holidays.
(b)
All work, including demolition, excavation and building work must
comply with the City of Sydney Code of Practice for Construction
Hours/Noise 1992 and Australian Standard 2436 - 1981 Guide to Noise
Control on Construction, Maintenance and Demolition Sites.
Note: The City of Sydney Code of Practice for Construction Hours/Noise
1992 allows extended working hours subject to the approval of an application
in accordance with the Code and under Section 96 of the Environmental
Planning and Assessment Act 1979.
(60) HAZARDOUS AND INDUSTRIAL WASTE
Hazardous and/or industrial waste arising from the demolition/operational
activities must be removed and/or transported in accordance with the
requirements of the NSW Work Cover Authority pursuant to the provisions of
the following:
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(a)
Protection of the Environment Operations Act 1997
(b)
Protection of the Environment Operations (Waste) Regulation 2005
(c)
Waste Avoidance and Resource Recovery Act 2001
(d)
Work Health and Safety Act 2011
(e)
Work Health and Safety Regulation 2011.
(61) DEWATERING
If dewatering of the site is required, approval will be required from NSW
Office of Water under the provisions of Part V of the Water Act, 1912 for a
bore licence which may be subject to conditions.
Note: The NSW Office of Water’s instructions to Council are that they will not
endorse the extraction of groundwater in perpetuity i.e. permanent
dewatering around a development site, because it considers such
development to be unsustainable. For this reason any proposed basement or
other area that requires dewatering on an on-going basis will be fully tanked.
(62) BASIX
All commitments listed in each relevant BASIX Certificate for the
development must be fulfilled prior to an Occupation Certificate being issued.
(63) COVERING OF LOADS
All vehicles involved in the excavation and/or demolition process and
departing the property with demolition materials, spoil or loose matter must
have their loads fully covered before entering the public roadway.
(64) EROSION AND SEDIMENT CONTROL
The Soil and Water Management Plan (SWMP) or Erosion and Sediment
Control Plan (ESCP) which has been approved by the Principal Certifying
Authority must be implemented in full during the construction period.
During the construction period:
(a)
erosion and sediment controls must be regularly inspected, repaired
and maintained in working order sufficient for a 10 year Average
Recurrence Interval (ARI) rainfall event;
(b)
erosion and sediment control signage available from Council must be
completed and attached to the most prominent structure visible at all
times when entering the site for the duration of construction; and
(c)
building operations and stockpiles must not be located on the public
footway or any other locations which could lead to the discharge of
materials into the stormwater system.
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94
(65) VEHICLE CLEANSING
Prior to the commencement of work, suitable measures are to be
implemented to ensure that sediment and other materials are not tracked
onto the roadway by vehicles leaving the site. It is an offence to allow, permit
or cause materials to pollute or be placed in a position from which they may
pollute waters.
(66) OCCUPATION CERTIFICATE TO BE SUBMITTED
An Occupation Certificate must be obtained from the Principal Certifying
Authority and a copy submitted to Council prior to commencement of
occupation or use of the whole or any part of a new building, an altered
portion of, or an extension to an existing building.
(67) LOADING AND UNLOADING DURING CONSTRUCTION
The following requirements apply:
(a)
All loading and unloading associated with construction activity must be
accommodated on site.
(b)
If, during excavation, it is not feasible for loading and unloading to take
place on site, a Works Zone on the street may be considered by
Council.
(c)
A Works Zone may be required if loading and unloading is not possible
on site. If a Works Zone is warranted an application must be made to
Council at least 8 weeks prior to commencement of work on the site.
An approval for a Works Zone may be given for a specific period and
certain hours of the days to meet the particular need for the site for
such facilities at various stages of construction. The approval will be
reviewed periodically for any adjustment necessitated by the progress
of the construction activities.
(d)
In addition to any approved construction zone, provision must be made
for loading and unloading to be accommodated on site once the
development has reached ground level.
(e)
The structural design of the building must allow the basement and/or
the ground floor to be used as a loading and unloading area for the
construction of the remainder of the development.
(f)
Where hoisting activity over the public place is proposed to be
undertaken including hoisting from a Works Zone, a separate approval
under Section 68 of the Local Government Act 1993 must be obtained.
(68) NO OBSTRUCTION OF PUBLIC WAY
The public way must not be obstructed by any materials, vehicles, refuse,
skips or the like, under any circumstances. Non-compliance with this
requirement will result in the issue of a notice by Council to stop all work on
site.
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(69) USE OF MOBILE CRANES
The following requirements apply:
(a)
Mobile cranes operating from the road must not be used as a method
of demolishing or constructing a building.
(b)
For special operations including the delivery of materials, hoisting of
plant and equipment and erection and dismantling of on site tower
cranes which warrant the on-street use of mobile cranes, permits must
be obtained from Council for the use of a mobile crane. The permits
must be obtained 48 hours beforehand for partial road closures which,
in the opinion of Council will create minimal traffic disruptions and 4
weeks beforehand in the case of full road closures and partial road
closures which, in the opinion of Council, will create significant traffic
disruptions.
(c)
Special operations and the use of mobile cranes must comply with the
approved hours of construction. Mobile cranes must not be delivered
to the site prior to 7.30am without the prior approval of Council.
(70) ACCESS DRIVEWAYS TO BE CONSTRUCTED
Approved driveways are to be constructed for all vehicular access to the
construction site in accordance with the requirements of Council’s “Driveway
Specifications” to the satisfaction of Council.
(71) ENCROACHMENTS – NEIGHBOURING PROPERTIES
No portion of the proposed structure shall encroach onto the adjoining
properties.
(72) ENCROACHMENTS – PUBLIC WAY
No portion of the proposed structure, including gates and doors during
opening and closing operations, shall encroach upon Council’s footpath area.
(73) SURVEY
All footings and walls adjacent to a boundary must be set out by a registered
surveyor. On commencement of brickwork or wall construction a survey and
report must be submitted to the Principal Certifying Authority indicating the
position of external walls in relation to the boundaries of the allotment.
(74) SURVEY CERTIFICATE AT COMPLETION
A Survey Certificate prepared by a Registered Surveyor must be submitted
at the completion of the building work certifying the location of the building in
relation to the boundaries of the allotment.
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96
(75) STREET NUMBERING – MAJOR DEVELOPMENT
Prior to an Occupation Certificate being issued, street numbers and the
building name must be clearly displayed at either end of the ground level
frontage in accordance with the Policy on Numbering of Premises within the
City of Sydney. If new street numbers or a change to street numbers is
required, a separate application must be made to Council.
(76) SYDNEY WATER CERTIFICATE
A Section 73 Compliance Certificate under the Sydney Water Act 1994 must
be obtained from Sydney Water Corporation.
Application must be made through an authorised Water Servicing
Coordinator. Please refer to the Building Developing and Plumbing section
on the web site www.sydneywater.com.au then refer to “Water Servicing
Coordinator” under “Developing Your Land” or telephone 13 20 92 for
assistance.
Following application a “Notice of Requirements” will advise of water and
sewer infrastructure to be built and charges to be paid. Please make early
contact with the Coordinator, since building of water/sewer infrastructure can
be time consuming and may impact on other services and building, driveway
or landscape design.
The Section 73 Certificate must be submitted to Council or the Principal
Certifying Authority prior to an Occupation Certificate or subdivision/strata
certificate being issued.
(77) BARRICADE PERMIT
Where construction/building works require the use of a public place including
a road or footpath, approval under Section 138 of the Roads Act 1993 for a
Barricade Permit is to be obtained from Council prior to the commencement
of work. Details of the barricade construction, area of enclosure and period
of work are required to be submitted to the satisfaction of Council.
(78) ROAD OPENING PERMIT
A separate Road Opening Permit under Section 138 of the Roads Act 1993
must be obtained from Council prior to the commencement of any:
(a)
Excavation in or disturbance of a public way, or
(b)
Excavation on land that, if shoring were not provided, may disturb the
surface of a public road (including footpath).
(79) LOT CONSOLIDATION
All land titles within the site must be consolidated into one lot. A plan of
consolidation must be registered with the Land and Property Information
Division of the Department of Lands, prior to an Occupation Certificate being
issued.
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SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental
Planning and Assessment Regulation 2000 apply to the development.
Clause 98
Compliance with Building Code of Australia and insurance requirements
under the Home Building Act 1989
Clause 98A
Erection of signs
Clause 98B
Notification of Home Building Act 1989 requirements
Clause 98E
Conditions relating to shoring and adequacy of adjoining property
Refer to the NSW State legislation for full text of the clauses under Division 8A of the
Environmental Planning and Assessment Regulation 2000. This can be accessed at:
http://www.legislation.nsw.gov.au
Speakers
Ms Lisa Quick, Mr Malcolm Craig, Mr Dean Long and Mr Aaron Sutherland addressed
the meeting of the Planning and Development Committee (Major Development
Assessment Sub-Committee) on Item 9.6.
ITEM 9.7
DEVELOPMENT APPLICATION: 3 JOYNTON AVENUE ZETLAND (D/2014/1313)
It is resolved that, pursuant to Section 80(3) of the Environmental Planning and
Assessment Act 1979, consent be granted to Development Application No. D/2014/1313,
subject to the conditions as detailed in the Planning Assessment Report prepared by City
Plan Services, shown at Attachment A to the subject report.
Carried unanimously.
The motion, as adopted by Council, is as follows:
It is resolved that, pursuant to Section 80(3) of the Environmental Planning and
Assessment Act 1979, consent be granted to Development Application No. D/2014/1313,
subject to the following conditions.
SCHEDULE 1A
(1)
APPROVED DEVELOPMENT
(a)
Development must be in accordance with Development Application
No.2014/1313 dated 29 August 2014 and Statement of Environmental
Effects prepared by ABC Planning, dated August 2014, the following
drawings, and as amended by any Conditions:
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98
Drawing
Number
Architect
Drawing Name
Date
DA0.00
Fox Johnston
Cover page
August 2014
DA0.01
Fox Johnston
Site Plan
August 2014
DA0.02
Fox Johnston
Floor Plan + Existing +
Demolition
August 2014
DA0.03
Fox Johnston
Roof Plan + Existing +
Demolition
August 2014
DA1.01
Fox Johnston
Ground Floor Plan Proposed
August 2014
DA1.02
Fox Johnston
Site + Roof Plan Proposed
August 2014
DA2.01
Fox Johnston
Sections AA + BB
August 2014
DA2.02
Fox Johnston
Elevations – North +
East
August 2014
DA2.03
Fox Johnston
Elevations – South +
West
August 2014
DA2.04
Fox Johnston
Section + Elevation –
Public Domain
August 2014
DA5.01
Fox Johnston
Material Sample Board
August 2014
DA5.02
Fox Johnston
Schedule of Areas and
Rooms Facilities
August 2014
DA5.03
Fox Johnston
Area Plan
August 2014
L101
Jila
Stage 1 – Landscape
Plan
20 August
2014
L102
Jila
Stage 2 – Landscape
Plan
20 August
2014
L103
Jila
Stage 1 and 2 – Tree
Planting Plan
20 August
2014
L104
Jila
Stage 1 – Area Plan
20 August
2014
L105
Jila
Stage 2 – Area Plan
20 August
2014
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(b)
Drawing
Number
Architect
Drawing Name
Date
L106
Jila
Planting and Precedents
20 August
2014
Canvas Group
Signage Strategy
31 July2014
Any inconsistency between the approved plans and supplementary
documentation, the plans will prevail.
SCHEDULE 1B
General Conditions of Consent to be satisfied
(2)
CAPACITY
The maximum number of children at the centre at any one time must not
exceed 74 per day, with a minimum of 33% of the total number of children
being 0-2 year olds.
The total number and age break down is subject to approval by the
Department of Education and Communities (DEC) and any increase to the
figures stated above will require the lodgement of a Section 96 application to
modify this consent to reflect the final numbers approved by DEC.
(3)
STAFF – CHILD RATIOS
Educational staff to child ratios should be provided in terms of the National
Quality Framework (NQF) which encompasses the Education and Care
Services National Law and the Education and Care Services National
Regulations establishes appropriate staff to children ratios. Details of which
can be found at http://www.acecqa.gov.au/ .
(4)
HOURS OF OPERATION
Hours of operation for the Child Care Centre are restricted to Monday to
Friday 7am to 6.30 pm.
(5)
CHILD CARE DROP OFFS AND PICK UP
Child care drop off and pick up spaces must be limited in duration to no more
than 15 minutes at any one time.
The spaces must be clearly signposted with this time restriction and must not
be used as unrestricted parking at any time.
(6)
COMPLIANCE WITH SUBMITTED MATERIALS AND SAMPLES BOARD
The design details of the proposed building facade including all external
finishes, colours and glazing must be in accordance with the materials
schedule and sample board, and specifications provided with the
development application. (Refer to Architectural Plan DA5.01)
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(7)
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BUILDING WORKS TO COMPLY WITH BCA – HERITAGE BUILDINGS
OR BUILDINGS WITHIN CONSERVATION AREA
Any building works required to ensure compliance with the BCA or new
building standards not specified in the submitted/approved plan must not
damage existing fabric and building features. If such upgrading works have
impact or potentially have impact on existing fabric and features, details of
the works must be submitted and approved by Council’s Urban Design and
Heritage Manager prior to issue of a Construction Certificate.
(8)
(9)
GENERAL HERITAGE
(a)
The proposed works are to be carried out in a manner that minimises
demolition, alterations and new penetrations/fixings to the significant
fabric of the existing building which is listed as a Heritage Item.
(b)
The fabric and features to be retained by the proposal must be properly
protected during the process of demolition and construction. The
protection measures are to be specified in the construction
management plan.
(c)
All conservation and adaptation works are to be in accordance with the
Articles of the Australian ICOMOS Burra Charter 1999.
(d)
New services are to be surface mounted rather than chased-in to
existing walls to minimise impact on heritage fabric.
(e)
Appropriately qualified tradespersons (as appropriate) are to be
commissioned who are skilled in traditional building and engineering
trades to carry out the proposed scope of works.
(f)
The face brickwork/stone/tiles must not be rendered, painted or coated.
(g)
Where internal partitions meet external walls they must abut window
mullions, columns or other such building elements and not glazing.
SIGNS - SEPARATE DA REQUIRED
A Signage Strategy has been prepared by the Canvas Group, dated 31 July
2014.
Approval is not granted for proposed signage as part of this consent in
accordance with the submitted plans and signage strategy. Separate
development consent is required for any signage proposed within the subject
site with the exception of signage that can be undertaken as exempt or
complying development in accordance with State Environmental Planning
Policy (Exempt and Complying Development Codes) 2008.
Details of signs are to be submitted as a separate development application.
(10) NOISE - GENERAL
(a)
The cumulative emission of noise associated with the use of the
premises including the cumulative operation of any mechanical plant,
equipment, air conditioning / ventilation, apparatus, tool, device,
machine or mechanism shall comply with the following:
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(b)
Monday 23 February 2015
(i)
The LAeq, 15minute noise level emitted from the use must not exceed
the project specific noise level for that receiver as determined in
accordance with the NSW EPA Industrial Noise Policy. Noise
must be measured in accordance with the Industrial Noise Policy
and relevant requirements of Australian Standard AS 1055-1997
Acoustics – Description and measurement of environmental
noise.
(ii)
Project specific noise levels shall be determined by establishing
the existing environmental noise levels, in complete accordance
with the assessment LA90, 15 minute / rating LA90, 15 minute process to be
in accordance with the requirements for noise monitoring listed in
the NSW EPA Industrial Noise Policy and relevant requirements
of Australian Standard AS1055-1997 Standard AS 1055-1997
Acoustics – Description and measurement of environmental
noise.
(iii)
Modifying factors in Table 4.1 of the NSW EPA Industrial Noise
Policy are applicable.
A cumulative LAeq, 15minute noise level emitted from the use
consistent with the operation of any mechanical plant, equipment, air
conditioning / ventilation, apparatus, tool, device machine or
mechanism must not exceed the LA90, 15minute noise level by more
than 3dB in any Octave Band Centre Frequency (31.5 Hz to 8 kHz
inclusive) when assessed inside any habitable room of any affected
residence or noise sensitive commercial receiver provided that;
(i)
The LAeq,15minute noise level and the LA90,15minute noise level shall
both be measured with all external doors and windows of the
affected residence closed;
(ii)
Where assessed at the façade, the relevant background noise
level (LA90, 15 minute) is taken to mean the day, evening or
night rating background noise level determined in complete
accordance with the methodology outlined in the NSW EPA
Industrial Noise Policy and Australian Standard AS1055.1997
Acoustics – Description and measurement of environmental
noise.
(iii)
Where assessed internally at a location with limited or no external
environmental noise intrusion, background noise shall be
established in the absence of all noise from use and with only
necessary ventilation equipment servicing the affected location
operating. Background noise measurements are to be
representative of the lower internal noise levels experienced at
the affected location.
(iv)
Where the LA90, 15minute noise level is below the threshold of
hearing, Tf at any Octave Band Centre Frequency as defined in
Table 1 of International Standard ISO 226: 2003- Normal EqualLoudness-Level Contours then the value of Tf corresponding to
that Octave Band Centre Frequency shall be used instead.
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(v)
Modifying factors in Table 4.1 of the NSW EPA Industrial Noise
Policy are applicable. Internal Noise measurements are not to be
corrected for duration.
(vi)
Where it is appropriate that another noise descriptor is used for
the measurement and assessment of noise emissions against
this condition in lieu of the LAeq parameter, this is permissible
subject to discretion and or approval of a person authorised
under the Environmental Planning & Assessment Act (1979) and
employed by the City Of Sydney in the City Planning or Health &
Building Units.
(11) CONSTRUCTION AND FITOUT OF FOOD PREMISES
The construction, fit out and finishes of the food premises must comply with
Standard 3.2.3 of the Australian and New Zealand Food Standards Code
under the Food Act 2003 and AS 4674 – 2004 Design, Construction and Fit
out of Food Premises.
Note: Copies of AS 4674-2004 may be obtained from the Standards
Australia Customer Service on telephone 1300 65 46 46 or by visiting the
website www.standards.com.au.
Copies of the Food Standards Code (Australia) may be obtained by
contacting the Food Standards Australia and New Zealand Authority on
telephone (02) 6271 2222, email [email protected] or by visiting
the website www.foodstandards.gov.au.
(12) COOKING EQUIPMENT AND VENTILATION
Cooking must not commence until an air handling system, in accordance with
Part F4.12 of the BCA is approved, installed and operational. Cooking is
defined as the process of changing any food from raw to cooked by applying
heat, and also includes the preparation of food by heating it. This definition
does not include heating food in a microwave, a sandwich press, and a
toaster or similar, unless the kW or MJ combined or separate exceed that
specified in the BCA, of if the use of such equipment generates excessive
heat, condensation or grease. Cooking equipment that requires an air
handling system is specified in AS1668.2 and BCA F4.12.
(13) COOLROOMS
Cool room(s), refrigerated chambers and strong-rooms are to be constructed
in accordance with G 1.2 of the Building Code of Australia:
(a)
The floor of the cool room must be graded to the door and a floor
trapped waste outlet must be located outside the cool room as near as
possible to the door opening.
(b)
All proposed shelving in the cool room must be free-standing,
constructed of galvanised steel angle section or other approved
material with the lowest shelf at least 150mm clear of the floor.
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(c)
The floor of the cool room must be constructed of impermeable
concrete or coated, topped or otherwise finished with an impervious
material to a smooth even surface and coved at the intersections with
the walls to a minimum radius of 25mm.
(d)
A door which can be opened at all times from inside without a key.
(e)
An approved audible alarm device must be located outside the cool
room(s) but controllable only from within the cool room(s) and be able
to achieve a sound pressure level outside the chamber or cool room(s)
of 90 d B (A) when measured 3 metres from the sounding device.
(14) GREASE TRAPS
A grease trap (if required by Sydney Water) must not be installed in any
kitchen, food preparation or food storage area. The grease trap room must
have a piped connection to the boundary so that it can be emptied. Note:
Sydney Water Authority also have requirements for grease arrestors that you
need to comply with.
(15) NOTIFY NSW FOOD AUTHORITY
Prior to the commencement of food handling operations, the food business
must notify the NSW Food Authority of the following information including:
(a)
Contact details for the food business, including the name and address
of the business and the proprietor of the business.
(b)
The nature of the food business.
(c)
The location of any other food premises associated with the food
business, within the jurisdiction of NSW Health.
You may notify the NSW Food Authority via the Internet on
www.foodnotify.nsw.gov.au or by contacting the Council for a notification
form. Failure to notify the NSW Food Authority may result in a penalty not
exceeding $2,750.
(16) PERSONAL LOCKERS
Clothing lockers or change rooms for male and female staff must be provided
in the premises or a dedicated, separate and isolated space for personal
items must be provided in a separate location to the food handling and
storage areas.
(17) SANITARY FACILITIES – FOOD PREMISES
The sanitary facilities must be separated from all food handling areas via an
airlock, self-closing door or mechanical ventilation in accordance with the
provisions of the Building Code of Australia, Part F 3.1, 4.8 and 4.9.
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(18) VENTILATION REQUIRED (MECHANICAL) - VERTICAL DISCHARGE
ONLY
The cooking appliances require an approved air handling system designed in
accordance with AS1668.1-1998 and AS1668.2-1991 or AS1668.2 – 2012 if
the discharge point is vertical or an alternative solution satisfying the
performance objectives of the Building Code of Australia. No approval is
granted for the burning of charcoal and solid fuel.
SCHEDULE 1C
Conditions to be satisfied prior to the issue of any Construction Certificate
Note: Prior to the issue of the Construction Certificate, sufficient information must be
forwarded to the certifying authority (whether Council or a private certifier) illustrating
compliance with the relevant requirements of the Building Code of Australia (and a copy
forwarded to Council where Council is not the certifying authority). If Council is to be the
certifying authority, please contact the Building Unit to discuss the requirements prior to
submission of the application for construction certificate.
(19) COMPLIANCE WITH BUILDING CODE OF AUSTRALIA
The proposed work must comply with the Building Code of Australia (BCA).
(20) BCA COMPLIANCE - UPGRADE OF BUILDING IS REQUIRED
(a)
Pursuant to Clause 94 of the Environmental Planning and Assessment
Regulation 2000, where currently non-compliant, the whole building
must comply with the performance requirements relating to the
following sections of the Building Code of Australia (BCA):
(i)
Fire resistance and stability - Part C1;
(ii)
Compartmentation and separation - Part C2;
(iii)
Protection of openings - Part C3;
(iv)
Provision for escape (access and egress) - Part D1;
(v)
Construction of exits - Part D2;
(vi)
Fire fighting equipment - Part E1;
(vii) Emergency lighting, exit signs and warning systems - Part E4;
Prior to a construction certificate being issued the certifying authority must
ensure that the proposed works and other upgrading works required by this
condition satisfy the Building Code of Australia by complying with Clause
A0.4 of the BCA.
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(21) CHANGES TO KERB SIDE PARKING RESTRICTIONS
Prior to the issue of the Construction Certificate, a separate submission
must be made to the Local Pedestrian, Cycling and Traffic Calming
Committee via the City Infrastructure and Traffic Operations Unit seeking the
City’s approval for changes to kerb side parking arrangements for the
provision of up to 8 car parking spaces.
The submission must include two plans. One showing the existing kerb side
parking restriction signs and stems, the second showing the proposed kerb
side parking restriction signs and stems.
Both plans must include chainages to all signs and stems from the kerb line
of the nearest intersection.
Note: As parking in the LGA is at a premium, it is recommended that the
applicant should approach the Area Traffic Engineer to discuss the proposal
before making a submission.
(22) HERITAGE INTERPRETATION PLAN
(a)
An interpretation plan for the former Outpatients Building must be
submitted to and approved by Council’s Urban Design and Heritage
Manager prior to a Construction Certificate being issued. The plan is to
be prepared by a suitably qualified and experienced heritage
practitioner or historian.
(b)
The interpretation plan must detail how information on the history and
significance of the former Outpatients Building will be provided for the
public and make recommendations regarding public accessibility,
signage and lighting. Public art, details of the heritage design, the
display of selected artefacts are some of the means that can be used.
(c)
The plan must specify the location, type, making materials and
contents of the interpretation device being proposed.
(23) MATERIALS FOR MAKING GOOD
New materials for making good and repairs, are to match the existing in
terms of colours, finishes, sizes, profile and properties. Details to be provided
to Council’s Area Planning Manager for approval prior to the issue of a
Construction Certificate.
(24) FENCING DETAILS
A 1.8m fence is require to secure the ‘‘Centre”. Fencing is required to secure
the site area at both Stage 1 and Stage 2. Details of fencing are to be
provided to Council’s Area Planning Manager for approval prior to a
Construction Certificate being issued.
(25) ASSOCIATED ROADWAY COSTS
Any new road works must be designed and constructed in accordance with
the City’s “Sydney Streets Technical Specification” including amendments
and “Sydney Streets Design Code”.
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(26) BICYCLE PARKING AND END OF TRIP FACILITIES
The layout, design and security of bicycle facilities must comply with the
minimum requirements of Australian Standard AS 2890.3 Parking Facilities
Part 3: Bicycle Parking Facilities. The details must be submitted to and
approved by the Certifying Authority prior to the Construction Certificate
being issued.
(27) ENVIRONMENTAL SUSTAINABLE DEVELOPMENT TARGETS
In order to satisfy Councils environmental targets the following details are to
be detailed in the Construction Certificate drawings and Tender
documentation.
Insulation
Insulation above Section J requirements, and as follows;
•
•
•
•
•
Building
Materials
Walls R3.5, Roof
R4.0, Under slab or under timber floor R2.0
R4.0, Under slab or under timber floor R2.0
Double glazing
Glare controls devices
Identification of the re –use of building materials where
feasible
Natural
Ventilation
Details of the proposed ‘'Earth Duct’’ design approach to
natural ventilation is to be incorporated on the drawings.
Waste
Identify areas of waste storage and recycling space
Lighting
LED or other high efficiency lighting fixtures and controls
to be used to achieve lighting power density as follows;
•
•
•
Playrooms - 6W/m2
Office/Admin areas – 7W/m2
Store rooms, toilets 5W/m2
Lighting
controls
•
•
Daylight sensors
Motion sensors
Solar
Panels
•
3kW PV System approx. 15m2 of panels facing
north
6kW PV System approx. 30m2 of panels facing
north
•
Sub
Metering
details
•
Identify the placement of sub-metering of utilities
such as electricity, gas and water on the site.
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Air
Cooling
•
•
Water
•
•
•
•
•
•
•
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Identify the Variable refrigerant flow VRF
technology with indoor fan coil units to each space
Identify the gas fired in slab hydronic systems
and/or below floor hydronic heating system to
existing building.
Heat recovery ventilator for outside air ventilation
Operable windows, louvres and light wells
Highly efficient fixtures including 4 star WC’s
5 star taps
<7.5l/min showerheads
20kL tank for rainwater collection and reuse for
WC flushing and landscape irrigation
Solar gas boosted hot water system
(28) COMPLIANCE WITH THE ACOUSTIC REPORT, REPORTING &
CERTIFICATION REQUIREMENTS PRIOR TO CONSTRUCTION AND
OCCUPATION CERTIFICATES
All performance parameters, requirements, engineering assumptions and
recommendations contained in the acoustic report prepared by Acoustic
Logic, dated 18th August 2014, ref 20140372.1/1808A/R6/BW, titled Green
Square Childcare Centre, Childcare Centre Noise Assessment, Council Ref
2014/395280 (‘The DA Report’) must be certified as implemented during the
detailed design stage prior to the construction and again verified prior to the
commencement of the use of the premises in accordance with requirements
below and to the satisfaction of the certifying authority.
Prior to the issue of a Construction Certificate, the construction drawings and
construction methodology must be assessed and certified by a suitably
qualified acoustic consultant* (see definition below) to be in accordance with
the requirements of the DA Report set out below. Specifically, the consultant
will prepare a written Acoustic Certification Report with reference to
drawings, to the satisfaction of the Private Certifying Authority (PCA) which
addresses the following requirements:
Section 4.2.2.1 Intrusiveness Criterion Table 3 – Allowable Intrusive Noise
Levels
Section 4.2.3 Summary of Noise Emission Criteria – Table 5 Noise Emission
Criteria
Section 4.2.6.1 Table 7 – Predicted Noise Levels from Outdoor Play (Day
time only as this is when external play area will be used)
Section 4.2.6.2 Indoor Noise – Table 8 – Predicted Noise Levels from Indoor
Play
Section 5 Table 9 – Recommended Design Sound Level
Section 6 – Recommended Treatments - Building and Management
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Prior to the issue of an Occupation Certificate, a suitably qualified acoustic
consultant is to provide a written Acoustic Verification Report to the
satisfaction of the PCA or other authority as given above that the
development complies with the requirements set out in The Report.
*Note: Suitably qualified Acoustic Consultant means a consultant who
possesses the qualifications to render them eligible for membership of the
Australian Acoustics Society, Institution of Engineers Australia or the
Association of Australian Acoustic Consultants at the grade of member.
(29) MICROBIAL CONTROL IN WATER SYSTEMS
(a)
Prior to the issue of a Construction Certificate detailed plans of any
water cooling system (including cooling towers) as defined under the
Public Health Act 2010 must be prepared by a suitably qualified person
and certified in accordance with AS3666: 1: 2011 Air handling and
water systems of buildings – Microbial Control – Design, installation
and commissioning and must be submitted to and approved by
Council.
(b)
Water cooling system operation and maintenance manuals and
maintenance service records shall be readily available at the premises
for inspection by an authorised officer upon request. Such records
must be kept on the premises in accordance with Clause 2.6 to
AS/NZS 3666:2:2011 Air handling and water systems of buildings –
Microbial control, operation and maintenance.
(c)
The installation, operation and maintenance of warm water systems
and water cooling systems (as defined under the Public Health Act
2010) must comply with the following:
(i)
Public Health Act 2010, Public Health Regulation 2012 and Parts
1 and 2 (or part 3 if a Performance-based water cooling system)
of AS3666:2011 Air handling and water systems of buildings –
Microbial Control and the NSW Health Code of Practice for the
Control of Legionnaires Disease.
(ii)
Prior to the issue of an Occupation Certificate or if non
applicable, prior to commencement of the use, the owner or
occupier of the premises at which any warm water system and/or
water cooling system is installed must cause notice of such
installation(s) by providing to Council’s Environmental Health
department, written notification by way of the prescribed form
under Clause 12 to the Public Health Regulation 2012. Any
changes to these particulars must be notified to Council’s
Environmental Health department in writing within 7 days of the
change(s). Copies of the notification forms are available on the
City of Sydney website.
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(30) WASTE AND RECYCLING MANAGEMENT
A Waste Management Plan is to be approved by the Certifying Authority prior
to a Construction Certificate being issued. The plan must comply with the
Council's Policy for Waste Minimisation in New Developments 2005. All
requirements of the approved Building Waste Management Plan must be
implemented during construction of the development.
(31) CONSTRUCTION TRAFFIC MANAGEMENT PLAN
A Construction Traffic Management Plan must be submitted to and approved
by Council’s Area Planning Manager prior to a Construction Certificate being
issued.
(32) DETAILED PLANS OF FOOD FITOUT REQUIRED
Detailed plans of the kitchen, bar and food preparation and storage areas
must be prepared by a suitably qualified person and certified in accordance
with Standard 3.2.3 of the Australian and New Zealand Food Standards
Code under the Food Act 2003 and AS 4674 - Design, Construction and Fit
out of Food Premises and must be submitted to and approved by Council
prior to a Construction Certificate being issued.
(33) LANDSCAPING OF THE SITE
(a)
A detailed landscape plan, drawn to scale, by a qualified landscape
architect or landscape designer, must be submitted to and approved by
Council’s Area Planning Manager prior to the issue of a Construction
Certificate for above ground building works. The plan must include:
(i)
Location of existing and proposed structures on the site including,
but not limited to, existing and proposed trees, paved areas,
planted areas on slab, planted areas in natural ground, lighting
and other features;
(ii)
Details of earthworks and soil depths including mounding and
retaining walls and planter boxes (if applicable). The minimum
soil depths for planting on slab must be 1000mm for trees,
450mm for shrubs and 200mm for groundcovers;
(iii)
Location, numbers, type and supply of plant species (and
NATSPEC – see below);
(iv)
Details of planting procedure and maintenance;
(v)
Details of drainage, waterproofing and watering systems.
(b)
Prior to the issue of a Construction Certificate, a maintenance plan is to
be submitted to and approved by the Principal Certifying Authority. The
maintenance plan is to be complied with during occupation of the
property.
(c)
All landscaping in the approved plan is to be completed prior to an
Occupation Certificate being issued.
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(34) PHOTOGRAPHIC RECORD / DILAPIDATION REPORT - PUBLIC DOMAIN
Prior to an approval for demolition being granted or a Construction Certificate
being issued, whichever is earlier, a photographic recording of the public
domain site frontages is to be prepared and submitted to Council's
satisfaction.
The recording must include clear images of the building facade adjoining the
footpath, the footpath, nature strip, kerb and gutter, driveway crossovers and
laybacks, kerb ramps, road carriageway, street trees and plantings, parking
restriction and traffic signs, and all other existing infrastructure along the
street.
The form of the recording is to be as follows:(a)
A PDF format report containing all images at a scale that clearly
demonstrates the existing site conditions;
(b)
Each image is to be labelled to identify the elements depicted, the
direction that the image is viewed towards, and include the name of the
relevant street frontage;
(c)
Each image is to be numbered and cross referenced to a site location
plan;
(d)
A summary report, prepared by a suitable qualified professional, must
be submitted in conjunction with the images detailing the project
description, identifying any apparent existing defects, detailing the date
and authorship of the photographic record, the method of
documentation and limitations of the photographic record;
(e)
Include written confirmation, issued with the authority of both the
applicant and the photographer that the City of Sydney is granted a
perpetual non-exclusive license to make use of the copyright in all
images supplied, including the right to make copies available to third
parties as though they were Council images. The signatures of both the
applicant and the photographer must be included.
Any damage to the public way including trees, footpaths, kerbs, gutters, road
carriageway and the like must immediately be made safe and functional by
the applicant. Damage must be fully rectified by the applicant in accordance
with the City’s standards prior to a Certificate of Completion being issued for
Public Domain Works or before an Occupation Certificate is issued for the
development, whichever is earlier.
(35) PUBLIC DOMAIN PAVING MATERIALS
The surface of any material used or proposed to be used for the paving of
colonnades, thoroughfares, plazas, arcades and the like which are used by
the public must comply with AS/NZS 4586:2004 (including amendments)
"Slip resistance classification of new pedestrian surface materials".
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(36) PUBLIC DOMAIN PLAN
(a)
A detailed Public Domain Plan must be prepared by a suitably qualified
architect, urban designer, landscape architect or engineer and must be
lodged with Council’s Public Domain Section and be approved by
Council prior to a Construction Certificate being issued for public
domain work or above ground building work, whichever is later. The
Public Domain Plan must be submitted with a completed Public
Domain Plan checklist (available in the City of Sydney’s Public Domain
Manual).
(b)
The Public Domain Plan must document all works required to ensure
that the public domain complies with the City of Sydney’s Public
Domain Manual, Sydney Streets Design Code and Sydney Streets
Technical Specification, the Green Square Town Centre Public Domain
Strategy including the shared access way to the south of the side
(which is restricted to use for emergency vehicles, and Councils
maintenance vehicles), requirements for road pavement, traffic
measures, footway pavement, kerb and gutter, drainage, vehicle
crossovers, pedestrian ramps, lighting, street trees and landscaping,
signage and other public domain elements.
(c)
If an Alignment Levels condition applies to the development, the Public
Domain Plan submission must incorporate the approved Alignment
Levels. If the proposed detailed design of the public domain requires
changes to any previously approved Alignment Levels, then an
amended Alignment Levels submission must be submitted to and
approved by Council to reflect these changes prior to the
commencement of any development work within the public domain
work.
The scope of public domain works required may be altered if evidence
to Council’s satisfaction is provided demonstrating that works to the
public domain surrounding the site will be undertaken in association
with the Joynton Avenue drainage works project within a time frame
that is deemed acceptable to Council.
(d)
The works to the public domain are to be completed in accordance with
the approved Public Domain Plan and Alignment Levels plans and the
Public Domain Manual before any Occupation Certificate is issued in
respect of the development or before the use commences, whichever is
earlier.
(37) PUBLIC DOMAIN WORKS - HOLD POINTS AND HANDOVER
(a)
Prior to the commencement of any development work within the public
domain, including civil, drainage and subsurface works, a set of hold
points for approved public domain, civil and drainage work is to be
determined with and approved by the City's Public Domain section in
accordance with the City of Sydney's Public Domain Manual and
Sydney Streets Technical Specification.
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(b)
112
Prior to a Certificate of Completion being issued for public domain
works and before the issue of any Occupation Certificate for the
development or before the use commences, whichever is earlier,
electronic works-as-executed (as-built) plans and documentation,
certified by a suitably qualified, independent professional must be
submitted to and accepted by Council for all public domain works.
Completion and handover of the constructed public domain works must
be undertaken in accordance with the City of Sydney's Public Domain
Manual and Sydney Streets Technical Specification, including
requirements for as-built documentation, certification, warranties and
the defects liability period.
(38) PUBLIC DOMAIN
DEVELOPMENT
STORMWATER
AND
DRAINAGE
-
MAJOR
(a)
Prior to a Construction Certificate being issued for any excavation, civil
construction, drainage or building work (whichever is earlier), excluding
approved preparatory or demolition work, details of the proposed
stormwater disposal and drainage from the development including a
system of on-site stormwater detention in accordance with Council’s
standard requirements and details of the provision and maintenance of
overland flow paths must be submitted to and approved by Council. All
approved details for the disposal of stormwater and drainage are to be
implemented in the development.
(b)
The requirements of Sydney Water with regard to the on-site detention
of stormwater must be ascertained and complied with. Evidence of the
approval of Sydney Water to the on-site detention must be submitted
prior to a Construction Certificate being issued excluding any approved
preparatory, demolition or excavation works.
(c)
Prior to a Construction Certificate being issued for any excavation, civil
construction, drainage or building work (whichever is earlier), but
excluding approved preparatory or demolition work, a stormwater
quality assessment must be undertaken and must be approved by
Council.
The stormwater quality assessment must:
(i)
be prepared by a suitably qualified drainage engineer with
experience in Water Sensitive Urban Design;
(ii)
use modelling from an industry-standard water quality model; and
(iii)
demonstrate what water sensitive urban design and other
drainage measures will be used to ensure that the development
will achieve the following post-development pollutant loads:
a.
reduce the baseline annual pollutant load for litter and
vegetation larger than 5mm by 90%;
b.
reduce the baseline annual pollutant load for total
suspended solids by 85%;
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c.
reduce the baseline annual pollutant load for total
phosphorous by 65%;
d.
reduce the baseline annual pollutant load for total nitrogen
by 45%.
Prior to the issue of any Occupation Certificate, maintenance schedules of
the proposed water sensitive urban design and drainage measures must be
submitted to and approved by the Certifying Authority and a copy provided to
Council.
(39) DEFECTS LIABILITY PERIOD – PUBLIC DOMAIN WORKS
All works to the City’s public domain, including rectification of identified
defects, are subject to a 12 month defects liability period from the date of
final completion. The date of final completion will be nominated by Council
on the Certificate of Completion for public domain works.
(40) PUBLIC DOMAIN - DRAINAGE AND SERVICE PIT LIDS
Drainage and service pit lids throughout the public domain shall be heel
guard and bicycle safe, finish flush with the adjacent pavement to avoid trip
hazards and be clear of obstructions for easy opening and cleaning. Pit lids
shall be in accordance with the City of Sydney’s Sydney Streets Design
Code and Sydney Streets Technical Specification. Details of drainage and
service pit lids shall be submitted and approved by Council prior to a
Construction Certificate being issued for the relevant stage of work.
(41) PUBLIC DOMAIN - PROTECTION OF STONE KERBS
(a)
The existing stone kerbs on Joynton Avenue and Portman Street of the
site are to be retained and properly protected during excavation and
construction works.
(b)
To avoid damage to stone kerbs during excavation and construction
works for the development, temporary removal and storage of the
stone kerbs may be approved by Council. Removed, serviceable stone
kerbs (i.e. those that are in good condition as agreed by Council
officers) must be re-installed in accordance with the City of Sydney’s
standard details and specifications after the construction works have
been completed. Note: A temporary concrete kerb will need to be
constructed to retain the footpath until the stone kerbs can be
reinstalled. The removed stone kerbs are to be reinstalled prior to the
issue of an Occupation Certificate. Note: all costs associated with the
works are to be at no cost to the Council.
(c)
Damaged kerbs are to be replaced to match existing to Council’s
satisfaction or as otherwise advised by Council officers.
(d)
Where new crossings or temporary crossings are to be constructed to
access the property, the affected kerb stones should be salvaged and
reused wherever possible.
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114
(e)
All new driveway laybacks and kerbs are to be constructed with stone
kerbs to match existing stones or as specified by City officers. All
unused stone kerbs are to be salvaged and returned to the City’s store.
(f)
Council approval is required before kerbs are removed.
(g)
Council approval is required prior to the cutting of existing stone kerbs
for stormwater kerb outlets.
(42) TACTILE GROUND SURFACE INDICATORS AND HANDRAILS
All tactile ground surface indicators, handrails and other elements required to
provide access into the building / property must be located entirely within the
private property boundary.
(43) ENCROACHMENTS – PUBLIC WAY (non-standard)
No portion of the proposed structure, including gates and doors during
opening and closing operations, shall encroach upon Council’s existing or
future public domain areas including the future shared driveway / through site
link located south of the proposed development within the greater former
South Sydney Hospital Site.
(44) FLOOD COMPATIBLE MATERIALS
Flood compatible materials shall be used for any structures, fittings and floor
coverings below the FPL of 19.5m AHD. All electrical fittings shall be set
above the FPL.
(45) PRESERVATION OF SURVEY MARKS
All works in City streets must ensure the preservation of existing permanent
survey marks (a brass bolt, or a lead plug holding a brass tack, covered by a
cast iron box). At least forty-eight hours prior to the commencement of any
works in the public way within 1 metre of a permanent survey mark contact
must be made with the City's Project Manager Survey / Design Services to
arrange for the recovery of the mark.
Prior to the issue of a Construction Certificate, a survey plan, clearly showing
the location of all permanent survey marks fronting the site and within 5
metres on each side of the frontages must be submitted to Council.
At least forty-eight hours prior to the commencement of any works in the
public way within 1 metre of a permanent survey mark contact must be made
with the City’s Senior Surveyor to arrange for the recovery of the mark.
A fee must be paid to the Council for the replacement of any permanent
survey mark removed or damaged in accordance with the City's Schedule of
Fees and Charges (Reinstatement of Survey Box).
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(46) WASTE ROOMS
(a)
To ensure the adequate storage and collection of waste from the
occupation or the use of the food premises, all garbage and recyclable
materials emanating from the premises must be stored in a designated
waste storage area. The waste storage area must be designed and
constructed in accordance with AS 4674 – Design, Construction and Fit
out of Food Premises, and must be:
(i)
Provided with a hose tap connected to the water supply;
(ii)
Paved with impervious floor materials;
(iii)
Coved at the intersection of the floor and walls;
(iv)
Graded and drained to a waste disposal system in accordance
with the relevant regulatory authority (Sydney Water);
(v)
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;
(vi)
Fitted with appropriate interventions to meet fire safety standards
in accordance with the Building Code of Australia.
(b)
Detailed plans and specifications for the construction of the waste
storage area are to be submitted to the Certifying Authority with the
Construction Certificate.
(c)
Develop an Operational Waste Management Plan for the ‘‘Centre’’ to
achieve Environmental Sustainable Development (ESD) target of a
minimum of 70% resource recovery of all waste. (ESD Report).
SCHEDULE 1D
Conditions which must be satisfied prior to the commencement of any
development work
(47) PUBLIC DOMAIN ALIGNMENT LEVELS – MAJOR DEVELOPMENT
(a)
Proposed building floor levels, basement levels, basement car park
entry levels and ground levels shown on the approved Development
Application plans are indicative only and have not been approved by
this consent.
(b)
Prior to commencement of any development work for any excavation,
civil construction, drainage or building work (whichever is earlier),
excluding approved preparatory or demolition work, alignment levels
for the building and site frontages must be submitted to and approved
by Council. The submission must be prepared by a Registered
Surveyor, must be in accordance with the City of Sydney's Public
Domain Manual and must be submitted with a completed Alignment
Levels checklist (available in the Public Domain Manual) and Footpath
Levels and Gradients Approval Application form (available on the City’s
website).
Monday 23 February 2015
(c)
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These alignment levels, as approved by Council, are to be incorporated
into the plans submitted with the application for a Construction
Certificate for any civil, drainage and public domain work as applicable
under this consent. If the proposed detailed design of the public domain
requires changes to any previously approved Alignment Levels, then
an amended Alignment Levels submission must be submitted to and
approved by Council to reflect these changes prior to a Construction
Certificate being issued for public domain work.
(48) USE OF HERITAGE CONSULTANT
A heritage consultant experienced in heritage restoration and renovation
works is to be commissioned to work with the consultant team throughout the
design development, contract documentation and construction stages of the
project. The heritage consultant is to be involved in the resolution of all
matters where existing significant fabric and spaces are to be subject to
preservation, restoration, reconstruction, adaptive reuse, recording and
demolition. The heritage consultant is to be provided with full access to the
site and authorised by the applicant to respond directly to Council where
information or clarification is required regarding the resolution of heritage
issues throughout the project.
Evidence and details of the above commission on the above terms are to be
provided to Council’s Urban Design and Heritage Manager prior to
commencement of any development work on site.
(49) ARCHAEOLOGICAL DISCOVERY DURING EXCAVATION
(a)
Should any relics be unexpectedly discovered on the site during
excavation, all excavation or disturbance to the area is to stop
immediately and the Heritage Council of NSW should be informed in
accordance with section 146 of the Heritage Act 1977.
(b)
Should any Aboriginal objects be unexpectedly discovered then all
excavation or disturbance of the area is to stop immediately and NSW
Government Office of Environment and Heritage is to be informed in
accordance with Section 89A of the National Parks and Wildlife Act
1974.
(c)
Should any archaeological remains or Aboriginal objects be
discovered, a copy of recording of the finds and the final archaeological
summary report is to be submitted to Council prior to the Occupation
Certificate.
(50) TRAFFIC WORKS
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 Local Pedestrian,
Cycling and Traffic Calming Committee prior to commencement of any
development work on site.
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(51) PROTECTION OF SURVEY INFRASTRUCTURE
Prior to the commencement of any work on site, a statement prepared by a
Surveyor registered under the Surveying Act 2002 must be submitted to
Council verifying that a survey has been carried out in accordance with the
Surveyor General’s Direction No. 11 – Reservation of Survey Infrastructure.
Any Permanent Marks proposed to be or have been destroyed must be
replaced, and a "Plan of Survey Information" must be lodged at the Land and
Property Management Authority.
Reason: To ensure that the survey control infrastructure and cadastral
framework are preserved for the public benefit and in accordance with the
Surveying Act 2002.
(52) ASBESTOS REMOVAL WORKS
(a)
All works removing asbestos containing materials must be carried out
by a suitably licensed asbestos removalist duly licensed with
WorkCover NSW, holding either a Friable (Class A) or a Non- Friable
(Class B) Asbestos Removal Licence which ever applies.
(b)
Five days prior to the commencement of licensed asbestos removal,
WorkCover must be formally notified of the works. All adjoining
properties and those opposite the development must be notified in
writing of the dates and times when asbestos removal is to be
conducted. The notification is to identify the licensed asbestos removal
contractor and include a contact person for the site together with
telephone number and email address.
(c)
All works must be carried out in accordance with the Work Health and
Safety Regulation 2011 and the NSW Government and WorkCover
document entitled How to manage and control asbestos in the work
place: Code of Practice (NSW WorkCover) and the City of Sydney
Managing Asbestos Policy.
(d)
The asbestos removalist must use signs and barricades to clearly
indicate the area where the asbestos removal work is being performed.
Signs must be placed in positions so that people are aware of where
the asbestos removal work area is and should remain in place until
removal is completed and clearance to reoccupy has been granted.
Responsibilities for the security and safety of the asbestos removal site
and removal work area should be specified in the asbestos removal
control plan (where required). This includes inaccessible areas that are
likely to contain asbestos.
(e)
Warning signs must be placed so they inform all people nearby that
asbestos removal work is taking place in the area. Signs should be
placed at all of the main entry points to the asbestos removal work area
where asbestos is present. These signs should be weatherproof,
constructed of light-weight material and adequately secured so they
remain in prominent locations. The signs should be in accordance with
AS 1319-1994 Safety signs for the occupational environment for size,
illumination, location and maintenance.
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(f)
Asbestos to be disposed of must only be transported to waste facilities
licensed to accept asbestos. The names and location of these facilities
are listed in Appendix F of the City of Sydney’s Managing Asbestos
Guidelines.
(g)
No asbestos products are to be reused on the site (i.e. packing pieces,
spacers, formwork or fill etc.).
(h)
No asbestos laden skips or bins are to be left in any public place
without the approval of Council.
(i)
A site notice board must be located at the main entrance to the site in a
prominent position and must have minimum dimensions of 841mm x
594mm (A1) with any text on the notice to be a minimum of 30 point
type size.
The site notice board must include the following:
(i)
contact person for the site;
(ii)
telephone and facsimile numbers and email address; and
(iii)
site activities and time frames.
(53) CLASSIFICATION OF WASTE
Prior to the exportation of waste (including fill or soil) from the site, the waste
materials must be classified in accordance with the provisions of the
Protection of the Environment Operations Act 1997 and the NSW Waste
Classification Guidelines, Part1: Classifying Waste (July 2009). The
classification of the material is essential to determine where the waste may
be legally taken. The Protection of the Environment Operations Act 1997
provides for the commission of an offence for both the waste owner and the
transporters if the waste is taken to a place that cannot lawfully be used as a
waste facility for the particular class of waste. For the transport and disposal
of industrial, hazardous or Group A liquid waste advice should be sought
from the EPA.
(54) DISCHARGE OF CONTAMINATED GROUNDWATER
Prior approval must be sought from the City’s Public Domain Department to
discharge any groundwater into the City’s stormwater drainage system.
Other options for the disposal of groundwater include disposal to sewer with
prior approval from Sydney Water or off-site disposal by a liquid waste
transporter
for
treatment/disposal
to
an
appropriate
waste
treatment/processing facility.
(55) IMPORTED FILL MATERIALS
All fill imported onto the site shall be validated to ensure the imported fill is
suitable for the proposed land use from a contamination perspective. Fill
imported on to the site shall also be compatible with the existing soil
characteristic for site drainage purposes.
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The City may require details of appropriate validation of imported fill material
to be submitted with any application for future development of the site. Hence
all fill imported onto the site should be validated by either one or both of the
following methods during remediation works:
(a)
Imported fill should be accompanied by documentation from the
supplier which certifies that the material is not contaminated based
upon analyses of the material for the known past history of the site
where the material is obtained; and/or
(b)
Sampling and analysis of the fill material shall be conducted in
accordance with NSW EPA (1995) Sampling Design Guidelines.
(56) LAND REMEDIATION
Prior to any development work, the site is to be remediated and validated in
accordance with the Remediation Action Plan prepared by JBS&G, reference
50080/58831, rev 0, 23rd September and Letter of Interim Advice No.2,
prepared by Rebeka Hall Zoic Environmental Pty Ltd, reference
14091L02_IA2, 24th September 2014. All remediation work carried out shall
be conducted in accordance with the guidelines in force under the
Contaminated Land Management Act 1997.
(57) SITE AUDIT STATEMENT
Prior to the execution of works associated with the built form of the
development (excluding building work directly related to remediation) a Site
Audit Statement (SAS) and associated Site Audit Report (SAR) is to be
obtained from a NSW EPA Accredited Site Auditor is to be submitted to the
Area Planning Manager. The SAS must confirm that the site has been
remediated in accordance with the approved Remediation Action Plan and
clearly state that site is suitable for the proposed use. Conditions on the Site
Audit Statement shall form part of the consent.
(a)
Where the SAS is subject to conditions that require ongoing review by
the Auditor or Council these should be reviewed and approved by
Council before the SAS is issued. In circumstances where the SAS
conditions (if applicable) are not consistent with the consent, a S96
application pursuant to the Environmental Planning & Assessment Act
1979 shall be submitted to ensure that they form part of the consent
conditions.
(b)
All intrusive ground works shall be undertaken in accordance with the
approved Remediation Action Plan, and any additional requirements of
the Site Auditor.
(c)
Any variations to the approved Remediation Action Plan shall be
approved in writing by the Site Auditor and the Council prior to the
commencement of such work.
(d)
An Occupation Certificate must not be issued by the PCA unless a Site
Audit Statement has been submitted to the City in accordance with this
condition.
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120
(58) NOTIFICATION – NEW CONTAMINATION EVIDENCE
Any new information which comes to light during remediation, demolition or
construction works which has the potential to alter previous conclusions
about site contamination shall be notified to the City’s Area Planning
Manager and the Principal Certifying Authority immediately.
(59) NOTIFICATION OF EXCAVATION WORKS OR USE OF HIGH NOISE
EMISSION APPLIANCES/PLANT
The immediately adjoining neighbours must be given a minimum of 48 hours’
notice that excavation, shoring or underpinning works or use of high noise
emission appliances / plant are about to commence.
(60) VEHICLE CLEANSING
Prior to the commencement of work, suitable measures are to be
implemented to ensure that sediment and other materials are not tracked
onto the roadway by vehicles leaving the site. It is an offence to allow, permit
or cause materials to pollute or be placed in a position from which they may
pollute waters.
Note: Registration forms are
www.cityofsydney.nsw.gov.au.
available
on
Council's
website
SCHEDULE 1E
Conditions which must be satisfied during development works
(61) UNDERGROUND STORAGE TANK REMOVAL
The removal of underground storage tanks shall be undertaken in
accordance with NSW WorkCover requirements which includes writing to the
Chief Inspector of Dangerous Goods and complying with any conditions
imposed. The tank removal shall be conducted in accordance with the
Australian Institute of Petroleum’s Code of Practice, The Removal and
Disposal of Underground Petroleum Storage Tanks (AIP CP22-1994) and
AS4976-2008 The removal and disposal of underground petroleum storage
tanks. In the event of conflict between the Code of Practice and NSW
WorkCover requirements, the latter shall prevail.
(62) HAZARDOUS AND INDUSTRIAL WASTE
Hazardous and/or industrial waste arising from the demolition/operational
activities must be removed and/or transported in accordance with the
requirements of the NSW Work Cover Authority pursuant to the provisions of
the following:
(a)
Protection of the Environment Operations Act 1997
(b)
Protection of the Environment Operations (Waste) Regulation 2005
(c)
Waste Avoidance and Resource Recovery Act 2001
(d)
Work Health and Safety Act 2011
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(e)
Monday 23 February 2015
Work Health and Safety Regulation 2011.
(63) SITE NOTICE OF PROJECTS DETAILS AND APPROVALS
A site notice is to be prominently displayed at the boundary to each frontage
of the site for the purposes of informing the public of appropriate project
details and relevant approvals. The notice(s) is to satisfy all of the following
requirements:
(a)
Minimum dimensions of the notice are to measure 841mm x 594mm
(A1) with any text on the notice to be a minimum of 30 point type size;
(b)
The notice is to be durable and weatherproof and is to be displayed
throughout the construction period;
(c)
A copy of the first page of the development approval, building approval
(including any modifications to those approvals) and any civic works
approvals is to be posted alongside the notice in weatherproof casing;
(d)
The approved hours of work, the Principal Certifying Authority including
contact address and certification details, the name of the site manager,
the responsible managing company, its address and 24 hour contact
phone number for any enquiries, including construction/noise
complaint, are to be displayed on the site notice;
(e)
The notice(s) is to be mounted at eye level on the perimeter hoardings
and is also to state that unauthorised entry to the site is not permitted.
(64) ENCROACHMENTS – PUBLIC WAY
No portion of the proposed structure, including gates and doors during
opening and closing operations, shall encroach upon Council’s footpath area.
(65) SYDNEY WATER CERTIFICATE
A Section 73 Compliance Certificate under the Sydney Water Act 1994 must
be obtained from Sydney Water Corporation.
Application must be made through an authorised Water Servicing
Coordinator. Please refer to the Building Developing and Plumbing section
on the web site www.sydneywater.com.au then refer to “Water Servicing
Coordinator” under “Developing Your Land” or telephone 13 20 92 for
assistance.
Following application a “Notice of Requirements” will advise of water and
sewer infrastructure to be built and charges to be paid. Please make early
contact with the Coordinator, since building of water/sewer infrastructure can
be time consuming and may impact on other services and building, driveway
or landscape design.
The Section 73 Certificate must be submitted to Council or the Principal
Certifying Authority prior to an Occupation Certificate or subdivision/strata
certificate being issued.
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(66) BUILDING PLAN APPROVAL
The approved plans must be submitted to a Sydney Water Quick Check
agent to determine whether the development will affect any Sydney Water
sewer or water main, stormwater drains and/or easement, and if further
requirements need to be met. Plans will be appropriately stamped.
For further assistance please telephone 13 20 92 or refer to Sydney Water’s
website www.sydneywater.com.au for: • Quick Check agent details - see
Plumbing, building and developing then Quick Check agents, and
•Guidelines for Building Over/Adjacent to Sydney Water Assets - see
Plumbing, building and developing then Building over or next to assets.
(67) STORMWATER AND DRAINAGE - MAJOR DEVELOPMENT
On-site detention, treatment and re-use is encouraged.
(a)
Prior to a Construction Certificate being issued, details of the proposed
stormwater disposal and drainage from the development including a
system of on-site stormwater detention in accordance with Council’s
standard requirements and details of the provision and maintenance of
overland flow paths must be submitted to and approved by Council. All
approved details for the disposal of stormwater and drainage are to be
implemented in the development.
(b)
The requirements of Sydney Water with regard to the on-site detention
of stormwater must be ascertained and complied with. Evidence of the
approval of Sydney Water to the on-site detention must be submitted
prior to a Construction Certificate being issued.
(c)
An “Application for Approval of Stormwater Drainage Connections”
must be submitted to the Council at the time of lodgement of the
proposal for connection of stormwater to the Council's drainage
system.
(68) SYDNEY WATER (Building Plan Approval)
The approved plans must be submitted to a Sydney Water Quick Check
agent to determine whether the development will affect any Sydney Water
sewer or water main, stormwater drains and/or easement, and if further
requirements need to be met. Plans will be appropriately stamped.
(69) HOURS OF WORK AND NOISE – OUTSIDE CBD
During development works, the hours of construction and work on the
development must be as follows:
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(a)
All work, including building/demolition and excavation work, and
activities in the vicinity of the site generating noise associated with
preparation for the commencement of work (e.g. loading and unloading
of goods, transferring of tools etc.) in connection with the proposed
development must only be carried out between the hours of 7.30am
and 5.30pm on Mondays to Fridays, inclusive, and 7.30am and 3.30pm
on Saturdays, with safety inspections being permitted at 7.00am on
work days, and no work must be carried out on Sundays or public
holidays.
(b)
All work, including demolition, excavation and building work must
comply with the City of Sydney Code of Practice for Construction
Hours/Noise 1992 and Australian Standard 2436 - 1981 Guide to Noise
Control on Construction, Maintenance and Demolition Sites.
Note: The City of Sydney Code of Practice for Construction Hours/Noise
1992 allows extended working hours subject to the approval of an application
in accordance with the Code and under Section 96 of the Environmental
Planning and Assessment Act 1979.
(70) USE OF HIGH NOISE EMISSION APPLIANCES / PLANT
(a)
The operation of high noise emission appliances, plant and/or
machinery such as pile – drivers, rock breakers and hydraulic hammers
and those which are not listed in Groups B, C, D, E or F of Schedule 1
of the City of Sydney Code of Practice for Construction Hours/Noise
1992 and Australian Standard 2436-2010 Guide to Noise Control on
Construction, Maintenance and Demolition.
Sites is restricted to the hours of:
9:00am -12:00pm and 1:00 pm– 5:00pm Mondays to Friday
9:00am – 1:00pm on Saturdays
No work is permitted on Sundays or Public Holidays
(b)
All reasonable and feasible steps must be undertaken to ensure that
the work, including demolition, excavation and building complies with
the City of Sydney Code of Practice for Construction Hours/Noise 1992
and Australian Standard 2436- 2010 Guide to Noise Control on
Construction, Maintenance and Demolition Sites.
(71) USE OF INTRUSIVE APPLIANCES – TIME RESTRICTION
(a)
During development works, the operation of high noise intrusive plant
and machinery such as pile– drivers, rock breakers and hydraulic
hammers and those which are not listed in Groups B, C, D, E or F of
Schedule 1 of the City of Sydney Code of Practice for Construction
Hours/Noise 1992 and Australian Standard 2436-2010 "Guide to Noise
Control on Construction, Maintenance and Demolition Sites is restricted
to the hours of 9.00am to 12.00pm and 2.00pm to 5.00pm Mondays to
Fridays and 9.00am to 12.00pm and 2.00pm to 3.30pm on Saturdays.
Or to any other such time as approved by the City in writing.
Monday 23 February 2015
(b)
124
All reasonable and feasible steps must be undertaken to ensure that
the work, including demolition, excavation and building complies with
the noose criteria set out within the City of Sydney Code of Practice for
Construction Hours/Noise 1992 and Australian Standard 2436 - 2010
'Guide to Noise Control on Construction, Maintenance and Demolition
Sites'.
(72) CONNECTION TO SEWERS OF SYDNEY WATER CORPORATION
Waste water arising from the use must be directed to the sewers of the
Sydney Water Corporation (SWC) under a Trade Waste License Agreement.
The pre-treatment of wastewater may be a requirement of the Corporation
prior to discharge to the sewer. Details of the Corporation’s requirements
should be obtained prior to the commencement of construction work.
(73) COVERING OF LOADS
During development works, all vehicles involved in the excavation and/or
demolition process and departing the property with demolition materials, spoil
or loose matter must have their loads fully covered before entering the public
roadway.
(74) LOADING AND UNLOADING DURING CONSTRUCTION
The following requirements apply:
(a)
All loading and unloading associated with construction activity must be
accommodated on site.
(b)
If, during excavation, it is not feasible for loading and unloading to take
place on site, a Works Zone on the street may be considered by
Council.
(c)
A Works Zone may be required if loading and unloading is not possible
on site. If a Works Zone is warranted an application must be made to
Council at least 8 weeks prior to commencement of work on the site.
An approval for a Works Zone may be given for a specific period and
certain hours of the days to meet the particular need for the site for
such facilities at various stages of construction. The approval will be
reviewed periodically for any adjustment necessitated by the progress
of the construction activities.
(d)
In addition to any approved construction zone, provision must be made
for loading and unloading to be accommodated on site once the
development has reached ground level.
(e)
The structural design of the building must allow the basement and/or
the ground floor to be used as a loading and unloading area for the
construction of the remainder of the development.
(f)
All loading and unloading associated with construction activity must be
accommodated on site.
(g)
If, during excavation, it is not feasible for loading and unloading to take
place on site, a Works Zone on the street may be considered by
Council.
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(h)
(A Works Zone may be required if loading and unloading is not possible
on site. If a Works Zone is warranted an application must be made to
Council at least 8 weeks prior to commencement of work on the site.
An approval for a Works Zone may be given for a specific period and
certain hours of the days to meet the particular need for the site for
such facilities at various stages of construction. The approval will be
reviewed periodically for any adjustment necessitated by the progress
of the construction activities.
(i)
In addition to any approved construction zone, provision must be made
for loading and unloading to be accommodated on site once the
development has reached ground level.
(j)
The structural design of the building must allow the basement and/or
the ground floor to be used as a loading and unloading area for the
construction of the remainder of the development.
(75) NO OBSTRUCTION OF PUBLIC WAY
The public way must not be obstructed by any materials, vehicles, refuse,
skips or the like, under any circumstances. Non-compliance with this
requirement will result in the issue of a notice by Council to stop all work on
site.
(76) USE OF MOBILE CRANES
During development works, the following requirements apply:
(a)
Mobile cranes operating from the road must not be used as a method
of demolishing or constructing a building.
(b)
For special operations including the delivery of materials, hoisting of
plant and equipment and erection and dismantling of on site tower
cranes which warrant the on-street use of mobile cranes, permits must
be obtained from Council for the use of a mobile crane. The permits
must be obtained 48 hours beforehand for partial road closures which,
in the opinion of Council will create minimal traffic disruptions and 4
weeks beforehand in the case of full road closures and partial road
closures which, in the opinion of Council, will create significant traffic
disruptions.
(c)
Special operations and the use of mobile cranes must comply with the
approved hours of construction. Mobile cranes must not be delivered
to the site prior to 7.30am without the prior approval of Council.
(77) AIR HANDLING
During development works, in the event of any process in any room being of
such a nature that heat, excessive moisture, dangerous or noxious gases,
fumes or other aerosols are given-off, an air handling system must be
installed providing positive capture and removal of the effluents. The effluent
must be discharged to atmosphere at a point that will not create a nuisance
and located in a position complying with AS 1668.2.
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126
(78) EROSION AND SEDIMENT CONTROL
The Soil and Water Management Plan (SWMP) or Erosion and Sediment
Control Plan (ESCP) which has been approved by the Principal Certifying
Authority must be implemented in full during the development works period.
During the development period:
(a)
erosion and sediment controls must be regularly inspected, repaired
and maintained in working order sufficient for a 10 year Average
Recurrence Interval (ARI) rainfall event;
(b)
erosion and sediment control signage available from Council must be
completed and attached to the most prominent structure visible at all
times when entering the site for the duration of construction; and
(c)
building operations and stockpiles must not be located on the public
footway or any other locations which could lead to the discharge of
materials into the stormwater system.
SCHEDULE 1F
Conditions which must be satisfied prior to the issue of any Occupation Certificate
(Interim or Final)
(79) OCCUPATION CERTIFICATE TO BE SUBMITTED
An Occupation Certificate must be obtained from the Principal Certifying
Authority and a copy submitted to Council prior to commencement of
Occupation or use of the whole or any part of a new building, an altered
portion of, or an extension to an existing building.
(80) HERITAGE INTERPRETATION PLAN
Prior to the issue of an Occupation certificate being issued the approved
Heritage Interpretation Plan must be implemented to the satisfaction of
Council’s Urban Design and Heritage Manager.
(81) USE OF HERITAGE CONSULTANT
The heritage consultant must sign off the completed project and submit a
final report to Council’s Urban Design and Heritage Manager specifying how
the heritage conditions are satisfied prior to the issue of an Occupation
Certificate or the commencement of the use, whichever is earlier.
(82) CONNECTION TO GREATER SOUTH SYDNEY HOSPITAL SITE
The development must marry into and connect with the greater South
Sydney Hospital Site master plan and the surrounding public domain
infrastructure, for both the existing condition and approved planned
improvements.
The proposed shared driveway to the south of the development linking
Joynton Avenue to the development entrance lobby is to be constructed in
accordance with the relevant Australian standards and must include access
and lighting. Works must be complete prior to Occupation Certificate.
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(83) MECHANICAL VENTILATION
(a)
The premises must be ventilated in accordance with the Building Code
of Australia and AS1668.1 and AS1668.2.
(b)
Details of any mechanical ventilation and/or air conditioning system
complying with AS1668.1 and AS1668.2, the Building Code of Australia
and relevant Australian Standards must be prepared by a suitably
qualified person certified and certified in accordance with Clause A2.2
(a) (iii) of the Building Code of Australia, to the satisfaction of the
Certifying Authority prior to the issue of a Construction Certificate.
(c)
Prior to issue of an Occupation Certificate and following the completion,
installation, and testing of all the mechanical ventilation systems, a
Mechanical Ventilation Certificate of Completion and Performance in
accordance with Clause A2.2 (a) (iii) of the Building Code of Australia,
must be submitted to the Principal Certifying Authority.
(84) WASTE AND RECYCLING COLLECTION CONTRACT
Prior to an Occupation Certificate being issued and/or commencement of the
use, whichever is earlier, the building owner must ensure that there is a
contract with a licensed contractor for the removal of all waste. No garbage
is to be placed on the public way, e.g. footpaths, roadways, plazas, reserves,
at any time.
Prior to an Occupation Certificate being issued or the use commencing,
whichever is earlier, the Principal Certifying Authority must ensure that waste
handling works have been completed in accordance with: the Waste
Management Plan; other relevant development consent conditions; and
Council's Policy for Waste Minimisation in New Developments 2005.
(85) FOOD PREMISES - HEALTH DATABASE REGISTRATION
The business is to be registered with Council's Health and Building Unit prior
to the issue of an Occupation Certificate or Occupation with an Interim
Occupation Certificate (whichever is earlier).
SCHEDULE 1G
Conditions which must be satisfied during the ongoing use of the development
(86) FIRE SAFETY CERTIFICATE TO BE SUBMITTED
(a)
A copy of the annual fire safety compliance statement shall be
displayed in a prominent location on the site. Essential fire safety
measure are to comply with the Environmental Planning and
Assessment Regulation 2000.
(b)
Annual certification of Fire Safety Equipment and preparation of the
form 15a is to be carried out by a fire safety consultant.
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128
(87) CHILD CARE MANAGEMENT PLAN
The Child Care Management Plan is required and is to be maintained by the
Child Care Centre Manager. A copy of which is to be kept on the operational
site.
(88) EMERGENCY PLAN
An Emergency Plan for the Child Care Centre (v4) has been prepared by the
City of Sydney, and complies with Australian Standard 3745-2010 Planning
for emergencies in facilities, Disability Discrimination Act 1992, WHS
Regulation 2011 and Education and Care Services National Regulations
2011. This document is to be available on site and is to be reviewed
annually.
(89) TRAVEL ACCESS PLAN
A travel access Guide/Workplace Travel Plan is to be prepared and provided
to all patrons of the child care centre. It is to be included as part of any
marketing information provided by the centre such as its website and
brochures and aims to promote alternative modes of transport in accordance
with long term government policies.
Conditions in Schedule 1 are to be satisfied principally in accordance with the following:
A.
Approved Development
B.
General Condition of Consent
C.
Prior to the issue of any Construction Certificate
D.
Conditions which must be satisfied prior to the commencement of any development
work
E.
Conditions which must be satisfied during any development work
F.
Conditions which must be satisfied prior to the issue of an Occupation Certificate
G.
Conditions which must be satisfied during the ongoing use of the development.
SCHEDULE 2
The relevant prescribed conditions in accordance with Part 6, Division 8A, Clause 98 of
the Environmental Planning and Assessment Regulation 2000 apply to the development.
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ITEM 9.8
DEVELOPMENT APPLICATION:
301-303, 355 AND 377-497 BOTANY ROAD
ZETLAND - GREEN SQUARE TOWN CENTRE LIBRARY AND PLAZA (D/2014/1084)
It is resolved that consent be granted to Development Application No. D/2014/1084,
subject to the conditions as detailed in the Planning Assessment Report prepared by MG
Planning, shown at Attachment A to the subject report.
Carried unanimously.
The motion, as adopted by Council, is as follows:
It is resolved that consent be granted to Development Application No. D/2014/1084,
subject to the following conditions:
SCHEDULE 1A
Approved Development/Design Modifications/Covenants and Contributions/Use
and Operation
Note: Some conditions in Schedule 1A are to be satisfied prior to issue of a Construction
Certificate and some are to be satisfied prior to issue of Occupation Certificate, where
indicated.
(1)
APPROVED DEVELOPMENT
(a)
Development must be in accordance with Development Application No.
D/2014/184 dated 22 July 2014 and the following drawings:
Drawing
Number
Architect
Date
DA00Rev D
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
20.11.14
DA001Rev.C
DA002Rev.C
DA003Rev.D
DA004Rev.C
DA101 Rev.D
DA101(A) Rev.D
DA101(B) Rev.D
DA102 Rev.F
DA102(A) Rev.E
DA102(B) Rev.D
23.05.14
23.05.14
20.06.14
23.05.14
23.05.14
23.05.14
23.05.14
20.11.14
19.06.14
20.11.14
Monday 23 February 2015
130
Drawing
Number
Architect
Date
DA103 Rev.D
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Stewart Hollenstein & Colin
Stewart Architects
Hassell
Hassell
Hassell
Hassell
Hassell
Hassell
Hassell
Hassell
Hassell
20.11.14
DA201 Rev.D
DA202 Rev.D
DA203 Rev.D
DA211 Rev.C
DA212 Rev.D
DA301 Rev.D
DA302 Rev.D
DA303 Rev.A
DA501 Rev.D
DA551 Rev.C
DA-L001 Rev. D
DA-L002 Rev. C
DA-L003 Rev. D
DA-L201 Rev. D
DA-L301 Rev. D
DA-L601 Rev. C
DA-L602 Rev. C
DA-L701 Rev. C
DA-L702 Rev. C
20.11.14
20.11.14
20.11.14
23.05.14
20.11.14
20.11.14
20.11.14
23.05.14
20.11.14
23.05.14
19.06.14
28.05.14
19.06.14
19.06.14
19.06.14
28.05.14
28.05.14
28.05.14
28.05.14
and as amended by the conditions of this consent.
(b)
(2)
In the event of any inconsistency between the approved plans and
supplementary documentation, the plans will prevail.
STAGED CONSTRUCTION
(a)
The works may be carried out in stages, with the relevant conditions
being satisfied prior to the issue of a Construction
Certificate/Occupation Certificate where specified in the conditions of
consent, for each stage as detailed below:
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(b)
(3)
Monday 23 February 2015
Stage
Description
Stage 1
Civil works – bulk excavation, de-watering,
remediation and shoring works.
Stage 2
Main works – library structures and plaza
structures, including floor slabs, facades, internal
and external finishes, landscaping and shared
zone works.
In addition to the above stages, some conditions of this consent may
be required to be satisfied prior to the issue of ANY Construction
Certificate or Occupation Certificate.
SIGNAGE NOT APPROVED
Approval is not granted for proposed signage as part of this consent in
accordance with the submitted plans and signage strategy. Separate
development consent is required for any signage proposed within the subject
site with the exception of signage that can be undertaken as exempt or
complying development in accordance with State Environmental Planning
Policy (Exempt and Complying Development Codes) 2008.
(4)
EVENTS NOT APPROVED
Approval is not granted for events to be held within the Green Square Plaza
as part of this consent. Separate development consent is required for any
events within the site in accordance with relevant statutory requirements.
(5)
TREE REMOVAL AND RETENTION
(a)
No trees are approved for removal as part of this development
application / consent.
(b)
Any tree which requires removal for the purposes of the proposed
works shall not be removed without written consent from Council’s Tree
Management Unit.
(c)
The applicant / developer shall provide sufficient evidence detailing
why a tree requires removal. This information shall include but is not
limited to:
(i)
An Arboricultural Impact Assessment by a qualified Arborist with
a minimum Australian Qualification Framework (AQF) of Level 5
must be provided to Council that includes;
(ii)
A detailed list of trees recommended for removal and/or
retention.
(iii)
Tree numbers provided on a site plan
(iv)
An assessment and discussion of the likely impacts the proposed
development will have on the trees. This should include above
and below ground constraints on trees that should be retained.
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(6)
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(v)
Recommendations of any design modifications, construction
techniques and/or other protection methods required to minimise
adverse impact on trees that should be retained during the
demolition & construction works, and into the long term.
(vi)
Details of the tree protection measures in accordance with
AS4970-2009 Protection of trees on development site.
MATERIALS AND SAMPLES BOARD
A materials sample board detailing all proposed finishes must be submitted
to and approved by Council’s Director City Planning, Development and
Transport prior to a Construction Certificate being issued for Stage 2.
(7)
DESIGN QUALITY EXCELLENCE
(a)
(b)
(8)
(9)
In order to ensure the design quality excellence of the development is
retained:
(i)
The design architect is to have direct involvement in the design
documentation, contract documentation and construction stages
of the project;
(ii)
The design architect is to have full access to the site and is to be
authorised by the applicant to respond directly to the consent
authority where information or clarification is required in the
resolution of design issues throughout the life of the project;
(iii)
Evidence of the design architect’s commission is to be provided
to the Council prior to release of the Construction Certificate.
The design architect of the project is not to be changed without prior
notice and approval of the Council’s Director City Planning,
Development and Transport.
BUILDING HEIGHT
(a)
The height of the entry triangle building must not exceed RL 31.5
(AHD), library tower RL 43.035 (AHD) and data tower RL 27.2(AHD).
(b)
Prior to an Occupation Certificate being issued, a Registered Surveyor
must provide certification that the height of the building accords with (a)
above, to the satisfaction of the Principal Certifying Authority.
APPROVED DESIGN ROOF - TOP PLANT
All roof-top plant and associated equipment must be located within the
approved building envelope. Should the plant exceed the approved building
envelope, then further approval is required from Council.
(10) DELIVERY VEHICLES
Deliveries associated with the site that involve the movement of vehicles,
must only occur between the hours of 7.30am and 5.30pm on Mondays to
Fridays, inclusive, and 7.30am and 3.30pm on Saturdays.
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(11) CONTROL OF LIGHT INTO THE ENVIRONMENT
Lighting installed in the open and/or public spaces must comply with AS1158
series-lighting for roads and public spaces. The design and placement must
be so that lighting does not create a nuisance or negatively affect the
amenity of the surrounding neighbourhood, for that purpose lighting must
comply with AS4282-1997 control of obtrusive effects of outdoor lighting.
(12) SIGNS/GOODS IN THE PUBLIC WAY
No signs or goods are to be placed on the footway or roadway adjacent to
the property.
(13) PRIMARY USE
(a)
Licensed Areas
(i)
Café
The primary use of the premise must be that of a cafe for seated
dining with substantial food service available at all times of
operation. In this regard the number and location of tables and
chairs provided for seated dining must be in accordance with the
approved Plan – Ground (Plaza) – Dwg – DA102 (A) Rev E;
(ii)
Tower – Function room (multipurpose)
The primary use of the function room (Level 5) is multipurpose
where food and alcohol is catered from a licensed caterer.
(b)
Non-Licensed Areas
(i)
Main Library
The primary use of the main library uses includes all functions
that are required for the smooth running of a branch library.
Activities include book launches, author talks, community groups
that hire the spaces available to conduct meetings, music
rehearsals, small concerts, information sessions and social
gatherings that take place on different levels of the Tower.
(ii)
Amphitheatre
The primary use of the amphitheatre is for the general library
users and for outdoor library presentation events.
(14) OCCUPANT CAPACITY
In accordance with Clause 98(D) of the Environmental Planning and
Assessment Regulation 2000 the following sign, in letters not less than
25mm in height must be fixed alongside the Licensee’s name at the main
entrance to the premises:-
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134
(a)
Café/foyer, licensed area - 100 seated and standing (this includes the
outdoor seating of 12 tables & 48 chairs); and
(b)
Tower licensed area – Multi-purpose room – 50 seated.
(15) INDOOR HOURS OF OPERATION
The indoor hours of operation for licensed areas are as follows:
(a)
Café -
6.30am – 11.00pm – 7 days;
(b)
Tower (functions room)
8.00am – 11.00pm – 7 days;
The indoor hours of operation for Non-Licensed areas are restricted to:
(c)
Main Library, room hire & Youth Space Hire 8.00am-10pm, Mon. to Fri.
9.00am – 6.00pm Sat.
10.00am – 5.00pm, Sun.
(d)
Outdoor amphitheatre (same as main library) 8.00am–10pm, Mon. to Fri.
9.00am – 6.00pm, Sat.
10.00am – 5.00pm, Sun.
(16) HOURS OF OPERATION - SENSITIVE USES
The hours of operation of the outdoor café are regulated as follows:
(a)
The hours of operation must be restricted to between 9.00am and
8.00pm Monday to Sunday.
(b)
Notwithstanding (a) above, the use may operate between 6.30am and
11pm for a trial period of 12 months from the date of issue of the
Occupation Certificate. Council's Planning Unit is to be informed in
writing of the date of commencing the trial hours.
(c)
A further application may be lodged to continue the trading hours
outlined in (b) above before the end of the trial period. Council’s
consideration of a proposed continuation and/or extension of the hours
permitted by the trial will be based on, among other things, the
performance of the operator in relation to the compliance with
development consent conditions, any substantiated complaints
received and any views expressed by the Police.
(17) CESSATION OF SERVICE – On-licence premises
The premises may be open for business only between the operating hours in
condition above. The operator must cease food preparation and liquor sales
at the premises half an hour before the required closing time.
(18) PLAN OF MANAGEMENT AND INCIDENT REGISTER
The Library Team Leader and Café Manager is required to submit a signed
declaration of the Plan of Management prior to issue of Occupation
Certificate.
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Monday 23 February 2015
(a)
The use must always be operated / managed in accordance with the
Plan of Management approved with this consent and dated 2014.
Where changes will, in the Council’s opinion, result in demonstrable
improvement in amenity to the locality or to the management of the
premises the plan of management may be amended as agreed to in
writing by Council.
(b)
A copy of the approved Plan of Management and this development
consent must be kept on site and made available to any Council or
Police officer upon request.
(c)
Access to the Incident Register and register of complaints must be
made available for viewing on the request of Council officers and/or the
Police.
(d)
The licensee shall sign the management plan and shall ensure
compliance with all operational strategies identified in the plan at all
times.
(19) NOISE FROM GLASS REMOVAL
Glass must not be emptied or transferred from one receptacle to another
anywhere in a public place. All glass must be emptied / transferred within the
premises and removed in containers.
(20) REMOVAL OF GLASS
Patrons must be prevented from removing glasses, opened cans, bottles or
alcohol from the premises (except from any approved bottle shop area).
(21) NEIGHBOURHOOD AMENITY
(a)
Signs must be placed in clearly visible positions within the licensed
premises requesting patrons upon leaving the premises to do so
quickly and quietly, having regard to maintaining the amenity of the
area.
(b)
The management must ensure that the behaviour of patrons entering
and leaving the premises does not detrimentally affect the amenity of
the neighbourhood.
In this regard, the management must be
responsible for the control of noise and litter generated by patrons of
the premises and must ensure that patrons leave the vicinity of the
premises in an orderly manner to the satisfaction of Council. If so
directed by Council, the management is to employ private security staff
to ensure that this condition is complied with.
(22) NOISE
(a)
The LA10, 15 minute noise level emitted from the use must not exceed
the background noise level (LA90, 15minute) in any Octave Band
Centre Frequency (31.5 Hz to 8 kHz inclusive) by more than 5dB
between the hours of 7.00am and 12.00 midnight when assessed at
the boundary of any affected residence.
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(b)
The LA10, 15 minute noise level emitted from the use must not exceed
the background noise level (LA90, 15 minute) in any Octave Band
Centre Frequency (31.5 Hz to 8 kHz inclusive) between the hours of
12.00 midnight and 7.00am when assessed at the boundary of any
affected residence.
(c)
Notwithstanding compliance with (a) and (b) above, noise from the use
is not to cause the existing established LA90, 15 minute which enters a
separate residential premises, in the absence of noise from the use, to
increase in any Octave Band Centre Frequency (31.5 Hz to 8 kHz
inclusive) when assessed within a habitable room at any affected
residential use between the hours of 7am and 12midnight.
(d)
Notwithstanding compliance with (a), (b) and (c) above, the noise from
the use must not be audible within any habitable room in any
residential use between the hours of 12.00 midnight and 7.00am.
(e)
The LA10, 15minute noise level emitted from the use must not exceed
the background noise level (LA90, 15 minute) in any Octave Band
Centre Frequency (31.5 Hz to 8 kHz inclusive) by more than 3dB when
assessed indoors at any affected commercial premises.
[Note: The LA10, 15 minute noise level emitted from the use is as per the definition
in the Australian Standard AS1055-1997 Acoustics – Description and
measurement of environmental noise. The background noise level LA90, 15
minute is to be determined in the absence of noise emitted by the use and be
representative of the noise sensitive receiver. It is to be determined from the
assessment LA90 / rating LA90 methodology in complete accordance with the
process listed in the NSW EPA Industrial Noise Policy and relevant
requirements of AS1055.1997.
Should noise complaint be received by Council from a place of different
occupancy (including commercial premises) and the complaint being
substantiated by a Council Officer, the use of area concerned must cease
operation until “attenuation works” are carried out so as that the premises
complies with the relevant Noise conditions.]
(23) CLOSED CIRCUIT TELEVISION IN LICENCED AREAS
(a)
(b)
CCTV surveillance cameras shall be strategically installed, operated
and maintained throughout the licenced areas with particular coverage
to:
(i)
principal entrance/s and exits;
(ii)
all the areas within the premises occupied by the public
(excluding toilets); and
(iii)
areas within a 10m radius external to the public entrance(s) to the
premise.
A quality visual monitor shall be installed on each level of the premises
to display clear live security CCTV footage of that area, to the attending
patrons.
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(c)
A quality visual monitor shall be located at the principal entrance
alerting patrons to the use of CCTV facilities.
(d)
Suitable and clearly visible signage shall be displayed at the principal
entrance(s) to the premises, in lettering not less than 50mm in height
with the words “Closed Circuit Television in use on these premises”.
The same signage to be attached in a prominent position on the
bulkhead on each respective level of the premises.
(e)
All CCTV recording equipment and cameras shall be of high grade
digital quality capable of establishing the population and identification
of patrons, offenders and incidents within the depth of field view of the
cameras. In this respect each surveillance camera shall be capable of
recording a minimum rate of 10 frames per second and at high
resolution.
(f)
A fixed digital surveillance camera be located at the principal entrance.
Suitable signage to be appended at the entrance, alerting potential
patrons that the facility exists and will be utilised if required.
(g)
CCTV recording discs or hard drive recordings shall be retained for 28
days before being re-used, destroyed or deleted. Time and date shall
be auto recorded on the disc or hard drive. The CCTV recording
equipment shall be capable of reproducing a VHS video tape or CD
copy of recorded footage on demand of Council or Police Officers
either immediately or within 12 hours of the request being made. Copy
discs must be handed to Council, Police Officer or Special Inspectors
as required.
(h)
All CCTV recording devices and cameras shall be checked daily to
ensure the equipment is operating correctly. The Licensee shall record
this daily checking activity in the security/incident register book that
meets the standards required by the Licensing Police and Council.
(i)
All CCTV recording devices and cameras shall be operated 24 hours
per day and 7 days per week or all trading hours of the premises if it
does not trade 24 hours per day.
(j)
The CCTV recording device shall be secured within the premises and
only be accessible to senior management personnel so as to maintain
the integrity of the recorded footage.
(24) NO SPEAKERS OR MUSIC OUTSIDE
Speakers must not be installed and music must not be played in any of the
outdoor areas associated with the premises including the public domain.
Speakers located within the premises must not be placed so as to direct the
playing of music towards the outdoor areas associated with the premises.
(25) ROADWAY DESIGN AND CONSTRUCTION
The new road works must be designed and constructed in accordance with
the City’s Sydney Streets Technical Specification” including amendments
and “Sydney Streets Design Code”.
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(26) BICYCLE PARKING AND END OF TRIP FACILITIES
The layout, design and security of bicycle facilities must comply with the
minimum requirements of Australian Standard AS 2890.3 Parking Facilities
Part 3: Bicycle Parking Facilities.
The details must be submitted to and approved by the Principle Certifying
Authority prior to the Construction Certificate for Stage 2 being issued.
(27) TRAFFIC WORKS
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 Local Pedestrian,
Cycling and Traffic Calming Committee prior to any work commencing on
site.
(28) ASSOCIATED ROADWAY COSTS
The new road works must be designed and constructed in accordance with
the City’s “Sydney Streets Technical Specification” including amendments
and “Sydney Streets Design Code”.
(29) SHARED ZONE
(a)
The proposed shared zone is not approved as part of this consent.
(b)
The design of the shared zone will require a referral to the Local
Pedestrian, Cycling and Traffic Calming Committee (LPCTCC) for
endorsement and then a referral to the RMS for final approval.
(c)
Additional reports, information or design changes may be required by
Council officers, the LPCTCC or the RMS during the approvals
process. The cost for these changes must be borne by the applicant.
(d)
The plan must be approved in conjunction with the Public Domain Plan
prior to the issuing of the Construction Certificate for Stage 2.
[Note: The process of gaining a shared zone approval can take several
months. It is recommended the applicant begin the process as soon as
practical to avoid holding up the issuing of the Construction Certificate.]
[Note: RMS shared zone policy and guidelines can be found on their website]
(30) ARCHAEOLOGICAL ASSESSMENT
The project is to be undertaken in accordance with the recommendations set
out in section 8.2 of the Green Square Library and Plaza Archaeological
Assessment prepared by GML Heritage Consultants dated May 2014 except
for the requirement for targeted archaeological test excavations prior to the
excavation works. During ground disturbance and excavation works, regular
archaeological monitoring and site inspections will be required to allow for
any potential archaeological remains associated with the Waterloo Dam to be
identified and recorded prior to removal.
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Monday 23 February 2015
(31) REFLECTIVITY
The Certifying Authority must ensure that the visible light reflectivity from
building materials used on the facade of the building does not exceed 20%
prior to issue of the Construction Certificate.
(32) SWINGING DOORS OVER PUBLIC WAY
Any access doors to enclosures housing building services and facilities, such
as hydrant and sprinkler booster assemblies or the like, must not open over
the footway/roadway.
(33) AIR CONDITIONERS GENERALLY
No air-conditioning equipment is to be visible from the public domain.
Equipment and associated wiring shall:
(a)
Not be located on awnings or attached to the face of the building
(b)
Not be located on roofs in such a way that it is visible from any street,
footpath or park
(c)
Be visually screened if located 1.8 metres above ground level in other
locations
(d)
Wiring shall be fully concealed.
SCHEDULE 1B
Prior to Construction Certification/Commencement of Work/Health and Building
Note: Prior to the issue of the Construction Certificate, sufficient information must be
forwarded to the certifying authority (whether Council or a private accredited certifier)
illustrating compliance with the relevant requirements of the Building Code of Australia
(and a copy forwarded to Council where Council is not the certifying authority). If Council
is to be the certifying authority, please contact the Building Unit to discuss the
requirements prior to submission of the application for construction certificate.
(34) COMPLIANCE WITH BUILDING CODE OF AUSTRALIA
The proposed work must comply with the Building Code of Australia (BCA).
(35) CONSTRUCTION TRAFFIC MANAGEMENT PLAN
A Construction Traffic Management Plan must be submitted to and approved
by Council prior to a Construction Certificate being issued.
(36) FUTURE FOOD USE – MECHANICAL VENTILATION PROVISION
Any mechanical exhaust systems are to be designed to be capable of
accommodating exhaust requirements for tenancies in accordance with
relevant Australia Standards, in order to allow for the event that any of the
tenancies are approved for future use as food premises or other uses, which
require mechanical exhaust. Any exhaust system servicing an area where
food is being cooked must discharge exhaust air at roof level.
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140
(37) INSTALLATION OF DUAL-FLUSH TOILETS
All toilets installed within the development must be of water efficient dual
flush or other water-saving capacity with at least a 4-star rating under the
Water Efficiency and Labelling Scheme (WELS). The details must be
submitted for the approval of the Certifying Authority, prior to a Construction
Certificate for Stage 2 being issued.
(38) INSTALLATION OF WATER EFFICIENT TAPS
All taps and shower heads installed must be water efficient with at least a 4star rating under the Water Efficiency and Labelling Scheme (WELS). The
details are to be submitted for the approval of the Certifying Authority, prior to
an Occupation Certificate being issued.
(39) INSTALLATION OF WATER EFFICIENT URINALS
New urinal suites, urinals and urinal flushing control mechanisms must use
waterless technology. Where it is submitted that this is not feasible, it must
be demonstrated that products have been selected with at least a 4-star
rating under the Water Efficiency and Labelling Scheme (WELS). Systems
must include "smart controls" to reduce unnecessary flushing. Continuous
flushing systems are not approved. Details are to be submitted to and
approved by the Certifying Authority, prior to a Construction Certificate being
issued for Stage 2.
(40) LANDSCAPING OF THE SITE
(a)
(b)
A detailed landscape plan, drawn to scale, by a qualified landscape
architect or landscape designer, must be submitted to and approved by
Council’s Area Planning Manager prior to the issue of a Construction
Certificate for above ground building works/Stage 2. The plan must
include:
(i)
Location of existing and proposed structures on the site including,
but not limited to, existing and proposed trees, paved areas,
planted areas on slab, planted areas in natural ground, lighting
and other features;
(ii)
Details of earthworks and soil depths including mounding and
retaining walls and planter boxes (if applicable). The minimum
soil depths for planting on slab must be 1000mm for trees,
450mm for shrubs and 200mm for groundcovers;
(iii)
Location, numbers, type and supply of plant species (and
NATSPEC – see below);
(iv)
Details of planting procedure and maintenance;
(v)
Details of drainage, waterproofing and watering systems.
Prior to the issue of a Construction Certificate for Stage 2, a
maintenance plan is to be submitted to and approved by the Principal
Certifying Authority. The maintenance plan is to be complied with
during occupation of the property.
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(c)
Monday 23 February 2015
All landscaping in the approved plan is to be completed prior to an
Occupation Certificate being issued.
(41) PUBLIC PLAZA PLAN– MODIFICATIONS
(a)
An amended, detailed Public Plaza Plan must be prepared by an
architect, urban designer, landscape architect or engineer to document
all works required to ensure that the public domain complies with the
City of Sydney’s Public Domain Manual, Sydney Streets Design Code,
Green Square Town Centre Public Domain Strategy, and Sydney
Streets Technical Specification, including road pavement, traffic
measures, footway pavement, kerb and gutter, drainage, vehicle
crossovers, pedestrian ramps, lighting, trees and landscaping, signage
and other public domain elements. The plan must be submitted with a
completed Public Domain Plan checklist (available in the City of
Sydney’s Public Domain Manual) and must show the following
information as a minimum:
(i)
(ii)
(iii)
Evidence that the development marries into the Green Square
Essential Infrastructure works. Design changes, if any, to
facilitate connection to the surrounding public domain
infrastructure including:
a.
Connection and levels at the interface with Hinchcliffe
Street and Site 8A
b.
Interface with Site 6
Detailed design of the Public Plaza including:
a.
Furniture modifications, including bollards
b.
Lighting
c.
Pavement material
d.
Surface drainage and subsurface
e.
Levels
f.
Soft landscaping including trees
Shared Zone detailed design and Short Term Shared Zone
access arrangement are to be detailed including;
a.
Design modifications resulting from RMS requirements
b.
Furniture modifications, including bollards
c.
Kerb and gutter works and pedestrian ramps
d.
Lighting
e.
Pavement material
f.
Street signage
Monday 23 February 2015
142
g.
Surface drainage and subsurface drainage
h.
Levels
i.
Soft landscaping including trees
j.
The Public Plaza Plan must be lodged with Council’s Public
Domain Section and be approved by Council prior to a
Construction Certificate being issued for public domain
work or above ground building work, whichever is later.
(b)
The Public Plaza Plan must be prepared in accordance with the City of
Sydney’s Public Domain Manual and Sydney Streets Technical
Specification. If an Alignment Levels condition or a Civil Design
Documentation condition applies to the development, the Public
Domain Plan submission must incorporate the approved Alignment
Levels. If the proposed detailed design of the public plaza requires
changes to any previously approved Alignment Levels, then an
amended Alignment Levels submission must be submitted to and
approved by Council to reflect these changes prior to a Construction
Certificate being issued for public domain work.
(c)
The works to the Public Plaza are to be completed in accordance with
the approved Public Domain Plan and Alignment Levels plans and the
Public Domain Manual before any Occupation Certificate is issued in
respect of the development or before the use commences, whichever is
earlier.
(42) ALIGNMENT LEVELS – MAJOR DEVELOPMENT
(a)
Proposed building floor levels, basement levels, basement car park
entry levels and ground levels shown on the approved Development
Application plans are indicative only and have not been approved by
this consent.
(b)
Prior to a Construction Certificate being issued for any excavation, civil
construction, drainage or building work (whichever is earlier), excluding
approved preparatory or demolition work, alignment levels for the
building and site frontages must be submitted to and approved by
Council. The submission must be prepared by a Registered Surveyor,
must be in accordance with the City of Sydney's Public Domain Manual
and must be submitted with a completed Alignment Levels checklist
(available in the Public Domain Manual) and Footpath Levels and
Gradients Approval Application form (available on the City’s website).
(c)
These alignment levels, as approved by Council, are to be incorporated
into the plans submitted with the application for a Construction
Certificate for any civil, drainage and public domain work as applicable
under this consent. If the proposed detailed design of the public domain
requires changes to any previously approved Alignment Levels, then
an amended Alignment Levels submission must be submitted to and
approved by Council to reflect these changes prior to a Construction
Certificate being issued for Public Plaza and public domain work.
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(43) PUBLIC ART
Final details of the approved public art work must be submitted to and
approved by Council’s Director, City Planning, Development and Transport
prior to issue of a Construction Certificate for Stage 2. The public artwork
must be in accordance with the Sydney DCP 2012 and the Public Art Policy.
Installation of the art work must be completed to Council's satisfaction prior to
the issue of an Occupation Certificate.
(44) STORMWATER AND DRAINAGE - MAJOR DEVELOPMENT
(a)
Prior to a Construction Certificate being issued for any excavation, civil
construction, drainage or building work (whichever is earlier), excluding
approved preparatory or demolition work, details of the proposed
stormwater disposal and drainage from the development including a
system of on-site stormwater detention in accordance with Council’s
standard requirements and details of the provision and maintenance of
overland flow paths must be submitted to and approved by Council. All
approved details for the disposal of stormwater and drainage are to be
implemented in the development.
(b)
The requirements of Sydney Water with regard to the on-site detention
of stormwater must be ascertained and complied with. Evidence of the
approval of Sydney Water to the on-site detention must be submitted
prior to a Construction Certificate being issued excluding any approved
preparatory, demolition or excavation works.
(c)
Prior to a Construction Certificate being issued for any excavation, civil
construction, drainage or building work (whichever is earlier), but
excluding approved preparatory or demolition work, a stormwater
quality assessment must be undertaken and must be approved by
Council.
The stormwater quality assessment must:
(i)
be prepared by a suitably qualified drainage engineer with
experience in Water Sensitive Urban Design;
(ii)
use modelling from an industry-standard water quality model; and
(iii)
demonstrate what water sensitive urban design and other
drainage measures will be used to ensure that the development
will achieve the following post-development pollutant loads:
a.
reduce the baseline annual pollutant load for litter and
vegetation larger than 5mm by 90%;
b.
reduce the baseline annual pollutant load for total
suspended solids by 85%;
c.
reduce the baseline annual pollutant load for total
phosphorous by 65%;
d.
reduce the baseline annual pollutant load for total nitrogen
by 45%.
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(d)
On-Site Detention locations should be such that they are not located in
areas identified as transport corridors/roadways.
(e)
Appropriate maintenance accessibility must be provided to gross
pollutant traps (GPT’s) and OSD tanks. Maintenance vehicle access
must be demonstrated prior to a construction certificate being issued.
(f)
Prior to the issue of any Occupation Certificate, maintenance
schedules of the proposed water sensitive urban design and drainage
measures must be submitted to and approved by the Certifying
Authority and a copy provided to Council.
(45) PUBLIC PLAZA LIGHTING
(a)
Prior to a Construction Certificate for Stage 2 a detailed Public Domain
Lighting Plan for pedestrian and street lighting in the Public Plaza and
the public domain must be prepared by a suitably qualified, practicing
lighting engineer or lighting designer and must be submitted to and
approved by Council. The Lighting Plan must be prepared in
accordance with the City of Sydney’s Interim Draft Sydney Lights
Design Code, Sydney Streets Design Code, Green Square Town
Centre Public Domain Strategy, Sydney Streets Technical Specification
and Public Domain Manual and must include the following:
(i)
Vertical and horizontal illuminance plots for the public domain
lighting design to demonstrate compliance with all relevant
Australian Standards and to meet the lighting categories and
requirements specified by the City;
(ii)
The location, type and category of existing and proposed lights,
including details of luminaire specifications, required to ensure
compliance with City policies and Australian Standards;
(iii)
Footing locations and structural details;
(iv)
Location and details of underground electrical reticulation,
connections and conduits;
(v)
Certification by a suitably qualified, practicing lighting engineer or
lighting designer to certify that the design complies with City
policies and all relevant Australian Standards including AS 1158,
AS 3000 and AS4282;
(vi)
Structural certification for footing designs by a suitably qualified,
practicing engineer to certify that the design complies with City of
Sydney policies and Australian Standards.
(b)
If lighting is to be fixed to adjoining buildings the above details plus
details of the fixture and timing for delivery are to be included in the
submission.
(c)
Temporary lighting to facilitate staging associated with the shade zone
or until adjoining developments are constructed and permanent lighting
installed are to form part of the submission.
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(d)
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The public domain lighting works are to be completed in accordance
with the approved plans and the City of Sydney's Public Domain
Manual before any Occupation Certificate is issued in respect of the
development or before the use commences, whichever is earlier.
(46) PAVING MATERIALS
The surface of any material used or proposed to be used for the paving of
colonnades, thoroughfares, plazas, arcades and the like which are used by
the public must comply with AS/NZS 4586:2004 (including amendments)
"Slip resistance classification of new pedestrian surface materials".
(47) PHOTOGRAPHIC RECORD / DILAPIDATION REPORT - PUBLIC DOMAIN
Prior to an approval for demolition being granted or a Construction Certificate
being issued, whichever is earlier, a photographic recording of the public
domain site frontages is to be prepared and submitted to Council's
satisfaction.
The recording must include clear images of the building facade adjoining the
footpath, the footpath, nature strip, kerb and gutter, driveway crossovers and
laybacks, kerb ramps, road carriageway, street trees and plantings, parking
restriction and traffic signs, and all other existing infrastructure along the
street.
The form of the recording is to be as follows:(a)
A PDF format report containing all images at a scale that clearly
demonstrates the existing site conditions;
(b)
Each image is to be labelled to identify the elements depicted, the
direction that the image is viewed towards, and include the name of the
relevant street frontage;
(c)
Each image is to be numbered and cross referenced to a site location
plan;
(d)
A summary report, prepared by a suitable qualified professional, must
be submitted in conjunction with the images detailing the project
description, identifying any apparent existing defects, detailing the date
and authorship of the photographic record, the method of
documentation and limitations of the photographic record;
(e)
Include written confirmation, issued with the authority of both the
applicant and the photographer that the City of Sydney is granted a
perpetual non-exclusive license to make use of the copyright in all
images supplied, including the right to make copies available to third
parties as though they were Council images. The signatures of both the
applicant and the photographer must be included.
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Any damage to the public way including trees, footpaths, kerbs, gutters, road
carriageway and the like must immediately be made safe and functional by
the applicant. Damage must be fully rectified by the applicant in accordance
with the City’s standards prior to a Certificate of Completion being issued for
Public Domain Works or before an Occupation Certificate is issued for the
development, whichever is earlier.
(48) PRESERVATION OF SURVEY MARKS
All works in City streets must ensure the preservation of existing permanent
survey marks (a brass bolt, or a lead plug holding a brass tack, covered by a
cast iron box). At least forty-eight hours prior to the commencement of any
works in the public way within 1 metre of a permanent survey mark contact
must be made with the City's Project Manager Survey / Design Services to
arrange for the recovery of the mark.
Prior to the issue of a Construction Certificate, a survey plan, clearly showing
the location of all permanent survey marks fronting the site and within 5
metres on each side of the frontages must be submitted to Council.
(49) PROTECTION OF SURVEY INFRASTRUCTURE
Prior to the commencement of any work on site, a statement prepared by a
Surveyor registered under the Surveying Act 2002 must be submitted to
Council verifying that a survey has been carried out in accordance with the
Surveyor General’s Direction No. 11 – Reservation of Survey Infrastructure.
Any Permanent Marks proposed to be or have been destroyed must be
replaced, and a "Plan of Survey Information" must be lodged at the Land and
Property Management Authority.
Reason: To ensure that the survey control infrastructure and cadastral
framework are preserved for the public benefit and in accordance with the
Surveying Act 2002.
(50) DETAILED PLANS OF FOOD FITOUT REQUIRED
Detailed plans of the kitchen, bar and food preparation and storage areas
must be prepared by a suitably qualified person and certified in accordance
with Standard 3.2.3 of the Australian and New Zealand Food Standards
Code under the Food Act 2003 and AS 4674 - Design, Construction and
Fitout of Food Premises and must be submitted to and approved by Council
prior to a Construction Certificate for Stage 2 being issued.
(51) CONSTRUCTION AND FITOUT OF FOOD PREMISES
The construction, fitout and finishes of the food premises must comply with
Standard 3.2.3 of the Australian and New Zealand Food Standards Code
under the Food Act 2003 and AS 4674 – 2004 Design, Construction and
Fitout of Food Premises.
[Note: Copies of AS 4674-2004 may be obtained from the Standards
Australia Customer Service on telephone 1300 65 46 46 or by visiting the
website www.standards.com.au.
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Copies of the Food Standards Code (Australia) may be obtained by
contacting the Food Standards Australia and New Zealand Authority on
telephone (02) 6271 2222, email [email protected] or by visiting
the website www.foodstandards.gov.au.]
(52) VENTILATION REQUIRED (MECHANICAL
The cooking appliances require an approved air handling system designed in
accordance with AS1668.1-1998 and AS1668.2-1991 or AS1668.2 – 2012 if
the discharge point is vertical or an alternative solution satisfying the
performance objectives of the Building Code of Australia. No approval is
granted for the burning of charcoal and solid fuel.
(53) COOKING EQUIPMENT AND VENTILATION
Cooking must not commence until an air handling system, in accordance with
Part F4.12 of the BCA is approved, installed and operational. Cooking is
defined as the process of changing any food from raw to cooked by applying
heat, and also includes the preparation of food by heating it. This definition
does not include heating food in a microwave, a sandwich press, a toaster or
similar, unless the kW or MJ combined or separate exceed that specified in
the BCA, of if the use of such equipment generates excessive heat,
condensation or grease. Cooking equipment that requires an air handling
system is specified in AS1668.2 and BCA F4.12.
(54) SANITARY FACILITIES – FOOD PREMISES
The sanitary facilities must be separated from all food handling areas via an
airlock, self-closing door or mechanical ventilation in accordance with the
provisions of the Building Code of Australia, Part F 3.1, 4.8 and 4.9.
(55) PERSONAL LOCKERS
Clothing lockers or change rooms for male and female staff must be provided
in the premises or a dedicated, separate and isolated space for personal
items must be provided in a separate location to the food handling and
storage areas.
(56) WASTE ROOMS
(a)
To ensure the adequate storage and collection of waste from the
occupation or the use of the food premises, all garbage and recyclable
materials emanating from the premises must be stored in a designated
waste storage area. The waste storage area must be designed and
constructed in accordance with AS 4674 – Design, Construction and
Fitout of Food Premises, and must be:
(i)
Provided with a hose tap connected to the water supply;
(ii)
Paved with impervious floor materials;
(iii)
Coved at the intersection of the floor and walls;
(iv)
Graded and drained to a waste disposal system in accordance
with the relevant regulatory authority (Sydney Water);
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(b)
148
(v)
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;
(vi)
Fitted with appropriate interventions to meet fire safety standards
in accordance with the Building Code of Australia.
Detailed plans and specifications for the construction of the waste
storage area are to be submitted to the Certifying Authority with the
Construction Certificate for Stage 2.
(57) GREASE TRAPS
A grease trap (if required by Sydney Water) must not be installed in any
kitchen, food preparation or food storage area. The grease trap room must
have a piped connection to the boundary so that it can be emptied.
[Note: Sydney Water Authority also have requirements for grease arrestors
that you need to comply with.]
(58) NO MECHANICAL VENTILATION – APPROVED EQUIPMENT LIST
The food business must submit to and gain approval from Council’s Health
and Building Unit, prior to the issue of an Occupation Certificate, the
following:
(a)
A list detailing each item of cooking and heating equipment to be used
within the premises including the maximum kW or MJ capacity of each.
(To be known as the approved list). A copy of the approved list must be
kept on the premises and be made available to any authorised officer
of Council upon request.
(b)
The use of any cooking or heating appliance not listed on the approved
list is prohibited. Amendments to the approved list can be made subject
to a written request to and approval from Council’s Health and Building
Unit.
(59) FOOD PREMISES - HEALTH DATABASE REGISTRATION
The business is to be registered with Council's Health and Building Unit prior
to the issue of an Occupation Certificate or occupation with an Interim
Occupation Certificate (whichever is earlier).
[Note: Registration forms are
www.cityofsydney.nsw.gov.au.]
available
on
Council's
website
(60) NOTIFY NSW FOOD AUTHORITY
Prior to the commencement of food handling operations, the food business
must notify the NSW Food Authority of the following information including:
(a)
Contact details for the food business, including the name and address
of the business and the proprietor of the business.
(b)
The nature of the food business.
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(c)
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The location of any other food premises associated with the food
business, within the jurisdiction of NSW Health. You may notify the
NSW Food Authority via the Internet on www.foodnotify.nsw.gov.au or
by contacting the Council for a notification form. Failure to notify the
NSW Food Authority may result in a penalty not exceeding $2,750.
(61) DRAINAGE AND SERVICE PIT LIDS
(a)
Drainage and service pit lids throughout the public domain shall be
heelguard and bicycle safe, finish flush with the adjacent pavement to
avoid trip hazards and be clear of obstructions for easy opening and
cleaning. Pit lids shall be in accordance with the City of Sydney’s
Sydney Streets Design Code and Sydney Streets Technical
Specification. Details of drainage and service pit lids shall be submitted
and approved by Council prior to a Construction Certificate being
issued for the relevant stage of work.
(b)
Drainage and service pit lids to be designed/selected with appropriate
loading classes.
(62) ELECTRICITY SUBSTATION
If required by the applicable energy supplier, the owner must dedicate to the
applicable energy supplier, free of cost, an area of land within the
development site, not within the Botany Road public domain, to enable an
electricity substation to be installed. The size and location of the substation
is to be submitted for approval of Council and Energy Australia, prior to a
Construction Certificate for Stage 2 being issued or the commencement of
the use, whichever is earlier.
(63) CIVIL DESIGN DOCUMENTATION
(a)
Preparation of the detailed design and construction documentation for
the proposed Public Plaza shall include all necessary liaison with and
requirements of all relevant public utility authorities, Roads and
Maritime Services, Council, the Local Pedestrian Cycling and Traffic
Calming Committee and its nominated consultants in order to achieve
design approvals and construction compliance. Written evidence of
approval from relevant authorities must be submitted to Council with
the detailed design submission.
(b)
The design and construction of the Public Plaza shall be undertaken in
accordance with City of Sydney's Sydney Streets Technical
Specification and the Public Domain Manual. Detailed plans,
construction details and specifications for the works shall be prepared
and submitted to Council for approval prior to issue of a Construction
Certificate for Stage 2, excluding for approved preparatory or
demolition work, or before issue of an approval under Section 138 of
the Roads Act 1993 for the road and drainage, infrastructure work. The
detailed plans and supporting documentation shall include as a
minimum the following information:
(i)
General subdivision plan with contour details, clearly indicating
the extent of work;
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(ii)
Road cross sections showing existing levels, design levels, cross
fall grade pavement configuration, batter slopes, engineered
retaining walls, kerb returns, kerb and gutter, vehicle crossovers,
pedestrian ramps the location of public utility services and
900mm minimum road restoration to match smoothly into the
existing road levels;
(iii)
Plan drawing and longitudinal section showing gutter invert, kerb
and boundary alignments with design grades of the existing and
proposed future public road network including public utility
services;
(iv)
Shared Zone design and drainage plans showing the following:
a.
road pavement structure and design;
b.
kerb, gutter and building alignment;
c.
traffic management structures / measures;
d.
traffic, pedestrian and parking signage;
e.
details of intersections with existing roads including linemarking, pavement marking, sign-posting, swept paths for
the largest expected vehicle;
f.
on-road bicycle route infrastructure and facilities;
g.
Drainage plans and schedule of drainage elements,
showing the following:
i.
The proposed location of all subsoil drains and subpavement drains, including the nominal width and
depth of trenches, pipe diameters and materials,
longitudinal design grades, and the locations of
outlets and cleanouts;
ii.
The location of public utility services;
iii.
Details and specifications for the construction of all
components of the system in accordance with the City
of Sydney’s Sydney Streets Technical Specification;
iv.
All assumptions and/or calculations made in the
determination of the need or otherwise for subsurface
drainage, including requirements of broader
stormwater catchment analysis to undertaken beyond
the site boundary;
v.
Drainage details and longitudinal sections with
hydraulic grade lines for the design storm and other
standard features such as flow rates, pipe class, pipe
grade and velocity;
vi.
Adjustments/upgrades to utility services as required;
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(c)
Monday 23 February 2015
vii.
Standard engineering and structural details plan;
viii.
Erosion and sedimentation control plans;
ix.
A design certification report for the road works
prepared by an appropriately qualified civil engineer
certifying that the design complies with the City of
Sydney’s policies, standards and specifications and
those of all other relevant authorities as applicable. All
design documentation shall be completed in
accordance with the relevant standards and
specifications as adopted by Council from time to
time. All engineering plans and calculations shall be
checked, signed and certified by a suitably qualified
practicing professional engineer.
h.
Details of the temporary Shared Zone, Public Road
connection to Paul Street, addressing all the items above.
i.
The documentation is to be fully coordinated with the Public
Domain plans for the development.
The road and drainage works are to be completed in accordance with
the approved plans and the City of Sydney’s Public Domain Manual
before any Occupation Certificate is issued in respect of the
development or before the use commences, whichever is earlier.
(64) PUBLIC PLAZA
(a)
In principle support is given for the provision of the Public Plaza as
shown on the stamped approved plans. The Public Plaza plans
accompanying the Development Application have not been approved
by this consent.
(b)
The Public Plaza includes the Stormwater and Drainage Works, Roads
and Shared Zones, Public Domain (footways, trees, landscaping,
furniture and lighting), Botany Road Public Domain (footways, kerb
and gutter, signage, trees, landscaping, furniture and lighting), and
Utility
Services
(Water,
Gas,
Sewer,
Electricity
and
Telecommunications).
(c)
The Public Plaza must be designed and constructed in accordance with
the City’s technical specification and standard details for civil works
current at the time of construction.
(d)
All Public Plaza works are to be completed prior to the issue of any
Occupation Certificate.
(e)
Prior to the issue of an Occupation Certificate, a maintenance plan that
addresses the ongoing maintenance requirement of the Public Plaza is
to be submitted and approved by the City.
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(65) GREEN SQUARE ESSENTIAL INFRASTRUCTURE WORKS
The design of the Public Plaza and its connection to the surrounding streets
and public domain infrastructure must take into account the Green Square
Essential Infrastructure approval (D/2012/1175, as amended) and
subsequent documentation undertaken by the City and associated
Construction Certificates.
Public Plaza design submission must address the following:
-
Demonstrate how the plaza integrates into the surrounding street network
and adjoining properties including road and footway alignment levels and
drainage system.
-
Detail any temporary or sacrificial work such as temporary vehicle
connections, retaining walls, public footways, retaining walls, stormwater
lines, services, and stormwater overland flow paths.
-
Detail works required outside the boundary of the site which are required
to connect into the surrounding public domain infrastructure, specifically
the Tweed Place, Barker Street and Paul Street connections.
(66) HEAVY VEHICLE ACCESS AND LOADING
(a)
The future Transport Corridor must be designed to accommodate the
loads associated with heavy vehicles, including buses and trams.
(b)
All other areas of the Public Plaza must be designed to accommodate
the loads associated with Council maintenance vehicles and
emergency vehicles.
(c)
Certification is to be submitted by a suitably qualified Structural
Engineer, to certify that the design meets the load requirements prior to
Construction Certificate for Stage 2 being issued.
Alternatively, evidence may be provided, to Council’s satisfaction, that
the loads associated with Council maintenance vehicles and/or
emergency vehicles do not need to be catered for in specified zones.
(67) WATER FEATURE
Prior to the issue of a Construction Certificate for Stage 2 details must be
provided to demonstrate how the water feature will be constructed including
proposed materials, dimensions and how the water feature will be integrated
into the surrounding plaza. The water feature shall be documented so that all
water used within any accessible part of the water feature shall have
maximum depth of 300mm. The water shall not become stagnant and water
quality must be of a standard appropriate for its use, in accordance with
ANZECC Guidelines for Fresh and Marine Water Quality.
(68) ACCESSIBILITY
The Public Plaza is to be designed in accordance with City of Sydney Access
Development Control Plan 2004 and AS 1428-2009: Design for Access and
Mobility.
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The applicant shall provide a certificate of compliance, provided by an
accredited accessibility consultant, prior to issue of Construction Certificate
for Stage 2.
(69) DEMOLITION, EXCAVATION AND CONSTRUCTION MANAGEMENT
A site-specific noise management plan shall be submitted to the Council
Health and Building department for comment and written approval prior to
Construction Certificate. The Plan must be prepared by a suitably qualified
person who possesses the qualifications to render them eligible for
membership of the Australian Acoustic Society, Institution of Engineers
Australia or the Australian Association of Acoustic Consultants.
The plan must include but not be limited to the following:(a)
Identification of noise sensitive receivers near to the site.
(b)
A prediction as to the level of noise impact likely to affect the nearest
noise sensitive receivers from the use and proposed number of high
noise intrusive appliances intended to be operated onsite. A statement
should also be submitted outlining whether or not predicted noise levels
will comply with the noise criteria stated within the City of Sydney
Construction Hours /Noise Code of Practice 1992 for the typical
construction hours of 07.00am to 7.00pm. Where resultant site noise
levels are likely to be in exceedances of this noise criteria then a
suitable proposal must be given as to the duration and frequency of
respite periods that will be afforded to the occupiers of neighbouring
property.
(c)
A representative background noise measurement (LA90, 15min) should
be submitted, assessed in the vicinity of any potentially affected
receiver locations and measured in accordance with AS 1055:1.2.1997.
(d)
Confirmation of the level of community consultation that has is and will
be undertaken with Building Managers/occupiers of the main adjoining
noise sensitive properties likely to be most affected by site works and
the operation of plant/machinery particularly during the demolition and
excavation phases.
(e)
Confirmation of noise and dust monitoring methodology that is to be
undertaken during the main stages of work at neighbouring noise
sensitive properties in order to keep complaints to a minimum and to
ensure that noise from site works complies with the noise criteria
contained within City's Construction Noise Code.
(f)
What course of action will be undertaken following receipt of a
complaint concerning offensive noise?
(g)
Details of any noise mitigation measures that have been outlined by an
acoustic consultant or otherwise that will be deployed on site to reduce
noise impacts on the occupiers of neighbouring noise sensitive
property to a minimum.
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(h)
154
What plant and equipment is to be used on site, the level of sound
mitigation measures to be undertaken in each case and the criteria
adopted in their selection taking into account the likely noise impacts
on the occupiers of neighbouring property and other less intrusive
technologies available.
(70) COMPLIANCE WITH DEMOLITION, EXCAVATION AND CONSTRUCTION
NOISE MANAGEMENT PLAN
(a)
All works conducted on site which form part of this development must
be carried out in accordance with the submitted and approved
Demolition, Excavation and Construction Management Plan.
(b)
Where all such control measures have been implemented and the
resultant noise levels at any noise sensitive receiver are still in
exceedances with the council’s noise criteria stated in the Construction
Hours/Noise Code 1992 and are giving rise to sustained complaints
then the contractor must provide regular, appropriate and sustained
periods of respite. Such periods should where possible be set and
agreed with the Council and be given at times high noise levels are, or
are likely, to cause most offence.
(71) USE OF INTRUSIVE APPLIANCES - TIME RESTRICTION
(a)
The operation of high noise intrusive plant and machinery such as pile–
drivers, rock breakers and hydraulic hammers and those which are not
listed in Groups B, C, D, E or F of Schedule 1 of the City of Sydney
Code of Practice for Construction Hours/Noise 1992 and Australian
Standard 2436-2010 "Guide to Noise Control on Construction,
Maintenance and Demolition Sites is restricted to the hours of:
•
9:00am -12:00pm and 1:00 pm– 4:30pm Mondays to Friday
•
9:00am – 1:00pm on Saturdays
•
No work is permitted on Sundays or Public Holidays
(b)
All reasonable and feasible steps must be undertaken to ensure that
the work, including demolition, excavation and building complies with
the City of Sydney Code of Practice for Construction Hours/Noise 1992
and Australian Standard 2436- 2010 'Guide to Noise Control on
Construction, Maintenance and Demolition Sites'.
(c)
All reasonable and feasible steps must be taken to ensure that noise
levels from activities conducted on site are kept to a minimum including
the adoption of less noise intrusive plant and equipment or
technologies.
(72) INTRUDER ALARM
Intruder alarm/s associated with the development must operate only in
accordance with the requirements of Clause 53 of the Protection of the
Environment Operations (Noise Control) Regulation 2008 under the
Protection of the Environment Operations Act, 1997.
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(73) NOISE – MECHANICAL PLANT AND EQUIPMENT
Noise associated with the use of mechanical plant and equipment must not
give rise to any one or more of the following:
(a)
Transmission of “offensive noise” as defined in the Protection of the
Environment Operations Act 1997 to any affected receiver.
(b)
A sound pressure level at the boundary of any affected receiver that
exceeds the background (LA90, 15minutes) noise level by more than 5dB.
The background noise level must be measured in the absence of noise
emitted from the use in accordance with Australian Standard AS1055.
Note: The method of measurement of vibration being carried out in
accordance with "assessing Vibration; Technical Guidelines" – DEC (EPA)
AS1055 for sound level measurements.
(74) MECHANICAL VENTILATION
(a)
The premises must be ventilated in accordance with the Building Code
of Australia and AS1668.1-1998 and AS1668.2-1991.
(b)
Details of any mechanical ventilation and/or air conditioning system
complying with AS1668.1 and AS1668.2, the Building Code of Australia
and relevant Australian Standards must be prepared by a suitably
qualified person certified and certified in accordance with Clause
A2.2(a)(iii) of the Building Code of Australia, to the satisfaction of the
Certifying Authority prior to the issue of a Construction Certificate.
(c)
Prior to issue of an Occupation Certificate and following the completion,
installation, and testing of all the mechanical ventilation systems, a
Mechanical Ventilation Certificate of Completion and Performance in
accordance with Clause A2.2(a)(iii) of the Building Code of Australia,
must be submitted to the Principal Certifying Authority.
(75) MICROBIAL CONTROL IN WATER SYSTEMS
(a)
Prior to the issue of a Construction Certificate detailed plans of any
water cooling system (including cooling towers) as defined under the
Public Health Act 2010 must be prepared by a suitably qualified person
and certified in accordance with AS3666: 1: 2011 Air handling and
water systems of buildings – Microbial Control – Design, installation
and commissioning and must be submitted to and approved by
Council.
(b)
Water cooling system operation and maintenance manuals and
maintenance service records shall be readily available at the premises
for inspection by an authorised officer upon request. Such records
must be kept on the premises in accordance with Clause 2.6 to
AS/NZS 3666:2:2011 Air handling and water systems of buildings –
Microbial control, operation and maintenance.
(c)
The installation, operation and maintenance of warm water systems
and water cooling systems (as defined under the Public Health Act
2010) must comply with the following:
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Public Health Act 2010, Public Health Regulation 2012 and Parts 1 and
2 (or part 3 if a Performance-based water cooling system) of
AS3666:2011 Air handling and water systems of buildings – Microbial
Control and the NSW Health Code of Practice for the Control of
Legionnaires Disease.
(d)
Prior to the issue of an Occupation Certificate or if non applicable, prior
to commencement of the use, the owner or occupier of the premises at
which any warm water system and/or water cooling system is installed
must cause notice of such installation(s) by providing to Council’s
Environmental Health department, written notification by way of the
prescribed form under Clause 12 to the Public Health Regulation 2012.
Any changes to these particulars must be notified to Council’s
Environmental Health department in writing within 7 days of the
change(s). Copies of the notification forms are available on the City of
Sydney website.
(76) GARBAGE ROOM
The garbage room is to be constructed in accordance with City of Sydney’s
policy for Waste Minimisation in New Developments and the BCA. The floor
of the garbage room is to be drained to a floor waste connected to the
sewer. The floor waste is to consist of a removable basket within a fixed
basket arrestor and is to comply with Sydney Water requirements. A constant
supply of water is to be available within the vicinity.
(77) EROSION AND SEDIMENT CONTROL - MORE THAN 2,500SQM
Prior to the commencement of any works on site, including, but not limited to
demolition, excavation or construction work, a Soil and Water Management
Plan (SWMP) must be submitted to and be approved by the Principal
Certifying Authority.
(a)
The SWMP must identify and respond to all items for Erosion and
Sediment Control Plans listed in the condition above, as well as:
(i)
existing site contours;
(ii)
location and diagrammatic representation of all necessary
erosion and sediment control systems or structures used to
mitigate or prevent pollution to stormwater;
(iii)
Location and engineering details with supporting design
calculations for all necessary sediment basins, constructed
wetlands, gross pollutant traps, trash racks or bio filtration swales
(as relevant).
(78) LAND REMEDIATION
(a)
The site is to be remediated and validated in accordance with the
Remediation Action Plan (RAP) – Green Square Infrastructure Works
Corridor and Public Open Space site, prepared by JBS&G dated 6
December 2013 and Interim Advice Letter No. 2 – Site Contamination
Audit Green Square Library and Plaza, Remedial Action Works Plan,
prepared by ENVIRO dated 9 December 2014.
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(b)
Any variations to the proposed Remediation Action Plan shall be
approved in writing by a NSW EPA Accredited Site Auditor and Council
prior to the commencement of such work.
(c)
Prior to the exportation of waste (including fill or soil) from the site the
material should be classified in accordance with the provisions of the
Protection of the ‘Environment Operations Act 1997 and the NSW EPA
Environmental Guidelines Assessment, Classification and Management
of Non- Liquid Wastes’. The classification of the material is essential to
determine where the waste may be legally taken. The Protection of the
Environment Operations Act 1997 provides for the commission of an
offence for both the waste owner and the transporter if the waste is
taken to a place that cannot lawfully be used as a waste facility for the
particular class of waste. For the transport and disposal of industrial,
hazardous or Group A liquid waste advice should be sought from the
EPA.
(79) SITE AUDIT STATEMENT
Prior to the execution of works associated with the built form of the
development (excluding building work directly related to remediation) a
Section A Site Audit Statement from a NSW EPA Accredited Site Auditor is
to be submitted to Council Health and Building Unit clearly indicating that the
site is suitable for the proposed use. Conditions on the Site Audit Statement
shall form part of the consent.
Note: Where the Site Audit Statement is subject to conditions that require
ongoing review by the Auditor or Council these should be discussed with
Council before the Site Audit Statement is issued.
(80) HAZARDOUS AND INDUSTRIAL WASTE
Hazardous and/or industrial waste arising from the demolition/operational
activities must be removed and/or transported in accordance with the
requirements of the NSW Environmental Protection Authority, NSW Work
Cover Authority pursuant to the provisions of the following:
(a)
Protection of the Environment Operations Act 1997.
(b)
Protection of the Environment Operations (Waste) Regulation 2005.
(c)
Waste Avoidance and Recovery Act 2001.
(d)
Work Health and Safety Act 2011
(e)
Work Health and Safety Regulation 2011
(81) IMPORTED WASTE DERIVED FILL MATERIAL
The only waste derived fill material that may be received at the development
site is:
(a)
Virgin excavated natural material (within the meaning of the Protection
of the Environment Operations Act 1997);
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(b)
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Any other waste-derived material the subject of a resource recovery
exemption under cI.51A of the Protection of the Environment
Operations (Waste) Regulation 2005 that is permitted to be used as fill
material.
Any waste-derived material the subject of a resource recovery exemption
received at the development site must be accompanied by documentation as
to the material's compliance with the exemption conditions and must be
provided to the Principal Certifying Authority on request:
(82) CONTAMINATED WASTE
The generation, storage, transport, treatment or disposal of industrial,
hazardous or Group A liquid waste must be in accordance with the
requirements of the Protection of the Environment Operations Act 1997 and
the NSW Department of Environment and Conservation’s (DEC) waste
tracking requirements. For further information contact the Department of
Environment and Conservation (DEC) on 133 372.
(83) ASBESTOS REMOVAL WORKS
(a)
All works removing asbestos containing materials must be carried out
by a suitably licensed asbestos removalist duly licensed with
Workcover NSW, holding either a Friable (Class A) or a Non- Friable
(Class B) Asbestos Removal Licence which ever applies.
(b)
Five days prior to the commencement of licensed asbestos removal,
Workcover must be formally notified of the works.. All adjoining
properties and those opposite the development must be notified in
writing of the dates and times when asbestos removal is to be
conducted. The notification is to identify the licensed asbestos removal
contractor and include a contact person for the site together with
telephone number and email address.
(c)
All works must be carried out in accordance with the Work Health and
Safety Regulation 2011 and the NSW Government and Workcover
document entitled How to Safely Remove Asbestos, Code of Practice
and the City of Sydney Asbestos Policy.
(d)
Standard commercially manufactured signs containing the words
“DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not
less than 400mm x 300mm are to be erected in prominent visible
positions on the site.
(e)
Asbestos to be disposed of must only be transported to waste facilities
licensed to accept asbestos. The names and location of these facilities
are listed in Part 6 of the City of Sydney’s Asbestos Policy.
(f)
No asbestos products are to be reused on the site (i.e. packing pieces,
spacers, formwork or fill etc.).
(g)
No asbestos laden skips or bins are to be left in any public place
without the approval of Council.
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(h)
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A site notice board must be located at the main entrance to the site in a
prominent position and must have minimum dimensions of 841mm x
594mm (A1) with any text on the notice to be a minimum of 30 point
type size. The site notice board must include the following:
(i)
contact person for the site;
(ii)
telephone and facsimile numbers and email address; and
(iii)
site activities and time frames.
(84) WATER POLLUTION
No wastewater, chemicals or other substances harmful to the environment
shall be permitted to discharge to Council's stormwater system. Only clean,
unpolluted water is permitted to discharge into the stormwater system.
(85) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC
PLACE
(a)
A separate application under Section 138 of the Roads Act 1993 is to
be made to Council to erect a hoarding and/or scaffolding (temporary
structures) in a public place.
(b)
Where a consent is granted allowing the placement of temporary
structures in a public place the structures must comply fully with
Council’s Policy for the Design of Construction Hoardings and the
conditions of any consent granted including:
(i)
maintaining a current and valid consent for the full duration that
the temporary structures are installed in the public place (Section
139, Roads Act 1993);
(ii)
bill posters and graffiti being removed within 24 hours of their
placement (Clause 3.1);
(iii)
maintaining temporary structures in a clean and tidy condition
including repainting where directed by an authorised officer of
Council (Clause 3.1);
(iv)
hoarding site fences complying with Clause 3.3 - Element 3;
(v)
site sheds on decks of Type B hoardings being fully screened
from the public place (Clause 3.3 - Element 5); and
(vi)
providing and maintaining operational artificial lighting systems
under Type B hoardings (Clause 3.3 – Element 9).
(86) WASTE AND RECYCLING MANAGEMENT - COMMERCIAL
(a)
The Waste Management Plan accompanying this Development
Application has not been approved by this consent.
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(b)
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A Waste Management Plan is to be approved by the Certifying
Authority prior to a Construction Certificate for Stage 2 being issued.
The plan must comply with the Council's Policy for Waste Minimisation
in New Developments 2005. All requirements of the approved Building
Waste Management Plan must be implemented during construction of
the development.
UPON COMPLETION OF THE DEVELOPMENT
(c)
Prior to an Occupation Certificate being issued or the use commencing,
whichever is earlier, the Principal Certifying Authority must ensure that
waste handling works have been completed in accordance with: the
Waste Management Plan; other relevant development consent
conditions; and Council's Policy for Waste Minimisation in New
Developments 2005.
(87) WASTE AND RECYCLING COLLECTION CONTRACT
Prior to an Occupation Certificate being issued and/or commencement of the
use, whichever is earlier, the building owner must ensure that there is a
contract with a licensed contractor for the removal of all waste. No garbage is
to be placed on the public way, e.g. footpaths, roadways, plazas, reserves, at
any time.
(88) WASTE/RECYCLING COLLECTION
(a)
The collection of waste and recycling must only occur between 7.00am
and 8.00pm weekdays and 9.00am and 5.00pm weekends and public
holidays, to avoid noise disruption to the surrounding area.
(b)
Garbage and recycling must not be placed on the street for collection
more than half an hour before the scheduled collection time. Bins and
containers are to be removed from the street within half an hour of
collection.
(89) WASTE ROOMS
(a)
To ensure the adequate storage and collection of waste from the
occupation or the use of the food premises, all garbage and recyclable
materials emanating from the premises must be stored in a designated
waste storage area. The waste storage area must be designed and
constructed in accordance with AS 4674 – Design, Construction and
Fitout of Food Premises, and must be:
(i)
Provided with a hose tap connected to the water supply;
(ii)
Paved with impervious floor materials;
(iii)
Coved at the intersection of the floor and walls;
(iv)
Graded and drained to a waste disposal system in accordance
with the relevant regulatory authority (Sydney Water);
(v)
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;
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(vi)
(b)
Monday 23 February 2015
Fitted with appropriate interventions to meet fire safety standards
in accordance with the Building Code of Australia.
Detailed plans and specifications for the construction of the waste
storage area are to be submitted to the Certifying Authority with the
Construction Certificate for Stage 2.
SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(90) OCCUPATION CERTIFICATE TO BE SUBMITTED
An Occupation Certificate must be obtained from the Principal Certifying
Authority and a copy submitted to Council prior to the commencement of
occupation or use of the whole or any part of a new building, an altered
portion of, or an extension to an existing building.
(91) HOURS OF WORK AND NOISE – OUTSIDE CBD
The hours of construction and work on the development must be as follows:
(a)
All work, including building/demolition and excavation work, and
activities in the vicinity of the site generating noise associated with
preparation for the commencement of work (e.g. loading and unloading
of goods, transferring of tools etc.) in connection with the proposed
development must only be carried out between the hours of 7.30am
and 5.30pm on Mondays to Fridays, inclusive, and 7.30am and 3.30pm
on Saturdays, with safety inspections being permitted at 7.00am on
work days, and no work must be carried out on Sundays or public
holidays.
(b)
All work, including demolition, excavation and building work must
comply with the City of Sydney Building Sites Noise Code and
Australian Standard 2436 - 1981 "Guide to Noise Control on
Construction, Maintenance and Demolition Sites”.
(92) SITE NOTICE OF PROJECTS DETAILS AND APPROVALS
A site notice is to be prominently displayed at the boundary to each frontage
of the site for the purposes of informing the public of appropriate project
details and relevant approvals. The notice(s) is to satisfy all of the following
requirements:
(a)
Minimum dimensions of the notice are to measure 841mm x 594mm
(A1) with any text on the notice to be a minimum of 30 point type size;
(b)
The notice is to be durable and weatherproof and is to be displayed
throughout the construction period;
(c)
A copy of the first page of the development approval, building approval
(including any modifications to those approvals) and any civic works
approvals is to be posted alongside the notice in weatherproof casing;
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162
(d)
The approved hours of work, the Principal Certifying Authority including
contact address and certification details, the name of the site manager,
the responsible managing company, its address and 24 hour contact
phone number for any enquiries, including construction/noise
complaint, are to be displayed on the site notice;
(e)
The notice(s) is to be mounted at eye level on the perimeter hoardings
and is also to state that unauthorised entry to the site is not permitted.
(93) ACCESS DRIVEWAYS TO BE CONSTRUCTED
Approved driveways are to be constructed for all vehicular access to the
construction site in accordance with the requirements of Council’s “Driveway
Specifications” to the satisfaction of Council.
(94) SYDNEY WATER CERTIFICATE
A Section 73 Compliance Certificate under the Sydney Water Act 1994 must
be obtained from Sydney Water Corporation. Application must be made
through an authorised Water Servicing Coordinator. Please refer to the
Building Developing and Plumbing section on the web site
www.sydneywater.com.au then refer to “Water Servicing Coordinator” under
“Developing Your Land” or telephone 13 20 92 for assistance.
Following application a “Notice of Requirements” will advise of water and
sewer infrastructure to be built and charges to be paid. Please make early
contact with the Coordinator, since building of water/sewer infrastructure can
be time consuming and may impact on other services and building, driveway
or landscape design.
The Section 73 Certificate must be submitted to Council or the Principal
Certifying Authority prior to an Occupation Certificate being issued.
(95) EROSION AND SEDIMENT CONTROL
The Soil and Water Management Plan (SWMP) or Erosion and Sediment
Control Plan (ESCP) which has been approved by the Principal Certifying
Authority must be implemented in full during the construction period. During
the construction period:
(a)
erosion and sediment controls must be regularly inspected, repaired
and maintained in working order sufficient for a 10 year Average
Recurrence Interval (ARI) rainfall event;
(b)
erosion and sediment control signage available from Council must be
completed and attached to the most prominent structure visible at all
times when entering the site for the duration of construction; and
(c)
building operations and stockpiles must not be located on the public
footway or any other locations which could lead to the discharge of
materials into the stormwater system.
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(96) CONNECTION TO SEWERS OF SYDNEY WATER CORPORATION
Waste water arising from the use must be directed to the sewers of the
Sydney Water Corporation (SWC) under a Trade Waste License Agreement.
The pre-treatment of wastewater may be a requirement of the Corporation
prior to discharge to the sewer. Details of the Corporation’s requirements
should be obtained prior to the commencement of construction work.
(97) LOADING AND UNLOADING DURING CONSTRUCTION
The following requirements apply:
(a)
All loading and unloading associated with construction activity must be
accommodated on site.
(b)
If, during excavation, it is not feasible for loading and unloading to take
place on site, a Works Zone on the street may be considered by
Council.
(c)
A Works Zone may be required if loading and unloading is not possible
on site. If a Works Zone is warranted an application must be made to
Council at least 8 weeks prior to commencement of work on the site.
An approval for a Works Zone may be given for a specific period and
certain hours of the days to meet the particular need for the site for
such facilities at various stages of construction. The approval will be
reviewed periodically for any adjustment necessitated by the progress
of the construction activities.
(d)
In addition to any approved construction zone, provision must be made
for loading and unloading to be accommodated on site once the
development has reached ground level.
(e)
The structural design of the building must allow the basement and/or
the ground floor to be used as a loading and unloading area for the
construction of the remainder of the development.
(98) RE-USE OF ROOF RAINWATER
(a)
Use
Rainwater is only to be collected from roof catchments and its use is
restricted to toilet flushing and garden use.
(b)
Installation requirements
(i)
All plumbing work is to be carried out by a licensed plumber and
must be carried out in accordance with AS/NZS 3500. A permit in
accordance with the NSW Code of Practice - Plumbing and
Drainage 2006 (as amended) is to be obtained from Sydney
Water for the work to be carried out.
(ii)
Rainwater tanks shall be designed to include, but not be limited
to the following:a.
Shall be fitted with a first flush device
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(c)
164
b.
Openings being suitably sealed to prevent access by
children and being fitted with a fine mesh screens in order
to prevent penetration of contaminants and insects such as
mosquitoes.
c.
All gutters, downpipes and associated supply pipe work
must be free draining to prevent ponding of rainwater and
made of suitable non corrodible materials.
d.
Shall have an overflow device fitted to the rainwater tank
which directs to the existing stormwater drainage system,
and shall have a suitable drainage system fitted that
facilitates flushing and cleaning.
e.
Shall have all taps and outlets marked “non potable - not for
drinking” on a permanent sign and all pipes are to be
coloured ‘green’ in accordance with AS 1345 / AS 2700.
f.
A suitable back up water supply using potable water must
be provided to ensure that essential services such as toilet
flushing are not contradicted where there is inadequate
rainfall to meet demand or the rainwater harvesting system
fails.
g.
Where a rainwater tank is to be directly cross connected
with the Sydney Water supply, an appropriate testable
device shall be provided at the meter location on the
potable water supply to prevent backflow of rainwater.. This
device must meet the requirements of Sydney Water.
h.
Water pumps are to be located so as not causing an
“offensive noise” as defined by the Protection of the
Environment Operations Act 1997 to any affected receiver.
Proximity to other services
That all rainwater pipes must be separated from any parallel drinking
water service. Above ground pipes must be 100mm away and below
ground 300mm away from any drinking water pipe
(d)
Marking and labelling
(i)
Above ground distribution pipes shall be continuously marked
‘RAINWATER’ in accordance with AS1345. Alternatively,
adhesive pipe markers clearly labelled ‘RAINWATER’ made in
accordance with AS 1345 can be used.
(ii)
Below ground distribution pipes shall be continuously marked
‘RAINWATER’ in accordance with AS1345. Alternatively,
identification
tape/pipe
sleeve
continuously
marked
‘RAINWATER’ made in accordance with AS 2648 can be used.
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(iii)
(e)
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All rainwater tank outlets, taps, valves and tank apertures shall
be identified as ‘RAINWATER’ with a sign complying with
AS1319 or a green coloured indicator with the letters ‘RW’.
Alternatively a permanent sign at the front of the premises and
visible to all visitors may be displayed advertising rainwater use.
Maintenance
(i)
All rainwater tanks installed are to be maintained by the owner in
accordance with these provisions, the NSW Health Department
Circular no 2002/1 “Use of rainwater tanks where a reticulated
potable supply is available” and any other local water utility
requirements.
(ii)
The rainwater collection system shall be constantly maintained in
accordance to the manufacturer’s instructions and in line with any
approved maintenance plan so as to prevent risk of pathogenic
microbial contamination including legionella and organisms from
wildlife including birds.
(99) NO OBSTRUCTION OF PUBLIC WAY
The public way must not be obstructed by any materials, vehicles, refuse,
skips or the like, under any circumstances. Non-compliance with this
requirement will result in the issue of a notice by Council to stop all work on
site.
(100) USE OF MOBILE CRANES
The following requirements apply:
(a)
Mobile cranes operating from the road must not be used as a method
of demolishing or constructing a building.
(b)
For special operations including the delivery of materials, hoisting of
plant and equipment and erection and dismantling of on-site tower
cranes which warrant the on-street use of mobile cranes, permits must
be obtained from Council for the use of a mobile crane. The permits
must be obtained 48 hours beforehand for partial road closures which,
in the opinion of Council will create minimal traffic disruptions and 4
weeks beforehand in the case of full road closures and partial road
closures which, in the opinion of Council, will create significant traffic
disruptions.
(c)
Special operations and the use of mobile cranes must comply with the
approved hours of construction. Mobile cranes must not be delivered to
the site prior to 7.30am without the prior approval of Council.
(101) ARCHAEOLOGICAL DISCOVERY DURING EXCAVATION
(a)
Should any relics be unexpectedly discovered on the site during
excavation, all excavation or disturbance to the area is to stop
immediately and the Heritage Council of NSW should be informed in
accordance with section 146 of the Heritage Act 1977.
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166
(b)
Should any Aboriginal objects be unexpectedly discovered then all
excavation or disturbance of the area is to stop immediately and NSW
Government Office of Environment and Heritage is to be informed in
accordance with Section 89A of the National Parks and Wildlife Act
1974
(c)
Should any archaeological remains or Aboriginal objects be
discovered, a copy of recording of the finds and the final archaeological
summary report is to be submitted to Council prior to the Occupational
Certificate.
(102) SURVEY CERTIFICATE AT COMPLETION
A Survey Certificate prepared by a Registered Surveyor must be submitted
at the completion of the building work certifying the location of the building in
relation to the boundaries of the allotment.
(103) COVERING OF LOADS
All vehicles involved in the excavation and/or demolition process and
departing the property with demolition materials, spoil or loose matter must
have their loads fully covered before entering the public roadway.
(104) DUST MANAGEMENT
All reasonable and feasible steps must be taken to ensure that dust from
activities conducted on site is kept to a minimum. This includes the covering
and wetting down of disturbed soils.
(105) VEHICLE CLEANSING
Prior to the commencement of work, suitable measures are to be
implemented to ensure that sediment and other materials are not tracked
onto the roadway by vehicles leaving the site. It is an offence to allow, permit
or cause materials to pollute or be placed in a position from which they may
pollute waters.
SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental
Planning and Assessment Regulation 2000 apply to the development.
PRESCRIBED CONDITIONS
The relevant prescribed conditions in accordance with Part 6, Division 8A, Clause 88 of
the Environmental Planning and Assessment Regulation 2000 apply:
Clause 98(1)(a) Compliance with Building Code of Australia
Clause 98A
Erection of signs
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Clause 98D
Conditions relating to maximum capacity signage
Clause 98E
Conditions relating to shoring and adequacy of adjoining property
Refer to the NSW State legislation for full text of the clauses under Division 8A of the
Environmental Planning and Assessment Regulation 2000. This can be accessed at:
http://www.legislation.nsw.gov.au
SCHEDULE 3
Terms of Approval
Other Integrated Development Approvals
The Terms of Approval for Integrated Development as advised by NSW Office of Water
are as follows:
General
1.
An authorisation shall be obtained for the take of groundwater as part of the
activity. Groundwater shall not be pumped or extracted for any purpose other than
temporary construction dewatering at the site identified in the development
application. The authorisation shall be subject to a currency period of 12 months
from the date of issue and will be limited to the volume of groundwater take
identified.
2.
The design and construction of the building must prevent any take of groundwater
after the authorisation has lapsed by making any below-ground levels that may be
impacted by any water table watertight for the anticipated life of the building.
Waterproofing of below-ground levels must be sufficiently extensive to incorporate
adequate provision for unforseen high water table elevations to prevent potential
future inundation.
3.
Sufficient drainage will be provided beneath and around the outside of the
watertight structure to ensure that groundwater is able to drain around the structure
and does not cause an impediment to natural groundwater flow which would lead
to an increase in hydraulic gradient across the footprint of the basement greater
than double the natural hydraulic gradient.
4.
Construction methods and material used in and for construction shall be designed
to account for the likely range of salinity and pollutants which may be dissolved in
groundwater, and shall not themselves cause pollution of the groundwater.
Prior to excavation
5.
Measurements of groundwater levels beneath the site from a minimum of three
monitoring bores shall be taken. These measurements should be included in a
report provided to the NSW Office of Water in support of the dewatering licence
application, along with a schedule and indicative level predictions for the ongoing
water level monitoring from the date of consent until at least two months after the
cessation of pumping shall be included in the report.
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168
6.
A reasonable estimate of the total volume of groundwater to be extracted shall be
calculated and a report provided to the NSW Office of Water. Details of the
parameters (e.g. permeability predicted by slug-testing, pump-testing or other
means) and calculation method shall be included in the report submitted to the
NSW Office of Water in support of the dewatering licence.
7.
A copy of valid development consent for the project shall be provided in the report
to the NSW Office of Water.
8.
The method of disposal of pumped water shall be nominated (i.e. reinjection,
drainage to the stormwater system or discharge to sewer) and a copy of the written
permission from the relevant controlling authority shall be provided to the NSW
Office of Water. The disposal of any contaminated pumped groundwater
(sometimes called “tailwater”) must comply with the provisions of the Protection of
the Environment Operations Act 1997 and any requirements of the relevant
controlling authority.
9.
Contaminated groundwater (i.e. above appropriate NEPM 2013 thresholds) shall
not be reinjected into any aquifer. The reinjection system design and treatment
methods to remove contaminants shall be nominated and a report provided to the
NSW Office of Water. The quality of any pumped water that is to be reinjected
must be demonstrated to be compatible with, or improve, the intrinsic or ambient
groundwater in the vicinity of the reinjection site.
During excavation
10.
Engineering measures designed to transfer groundwater around the basement
shall be incorporated into the basement construction to prevent the completed
infrastructure from restricting pre-existing groundwater flows.
11.
Piping, piling or other structures used in the management of pumped groundwater
shall not create a flooding hazard. Control of pumped groundwater is to be
maintained at all times during dewatering to prevent unregulated off-site discharge.
12.
Measurement and monitoring arrangements to the satisfaction of the NSW Office
of Water are to be implemented. Weekly records of the volumes of all groundwater
pumped and the quality of any water discharged are to be kept and a report
provided to the NSW Office of Water after dewatering has ceased. Daily records of
groundwater levels are to be kept and a report provided to the NSW Office of
Water after dewatering has ceased.
13.
Pumped groundwater shall not be allowed to discharge off-site (e.g. adjoining
roads, stormwater system, sewerage system, etc.) without the controlling
authorities approval and/or owners consent. The pH of discharge water shall be
managed to be between 6.5 and 8.5. The requirements of any other approval for
the discharge of pumped groundwater shall be complied with.
14.
Dewatering shall be undertaken in accordance with groundwater-related
management plans applicable to the excavation site. The requirements of any
management plan (such as acid sulfate soils management plan or remediation
action plan) shall not be compromised by the dewatering activity.
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Monday 23 February 2015
15.
The location and construction of groundwater extraction works that are abandoned
are to be recorded and a report provided to the NSW Office of Water after
dewatering has ceased. The method of abandonment is to be identified in the
documentation.
16.
Access to groundwater management works used in the activity is to be provided to
permit inspection when required by the NSW Office of Water under appropriate
safety procedures.
Following excavation
17.
Should pumping volumes or groundwater quality significantly differ from the
predictions supporting the DA and licence applications, detailed monitoring
records must be provided to the NSW Office of Water, together with a detailed
interpreted hydrogeological report identifying all actual resource and third party
impacts.
Report of the Development Assessment Sub-Committee
Moved by Councillor Mant, seconded by Councillor Kok That the report of the Development Assessment Sub-Committee of its meeting of 17
February 2015 be received, with Items 9.9 and 9.10 being dealt with as shown
immediately following those items.
Carried.
The Development Assessment Sub-Committee recommended the following:
ITEM 9.9
DEVELOPMENT APPLICATION: 66-72 PITT STREET REDFERN (D/2014/904)
It is resolved that:
(A)
Council support the request to vary the height development standard under Clause
4.6 of the Sydney Local Environmental Plan 2012;
(B)
pursuant to Section 80(3) of the Environmental Planning and Assessment Act
1979, a deferred commencement consent be granted to Development Application
No. D/2014/904 subject to the following:
(1)
DETAILED SITE ASSESSMENT AND REMEDIATION ACTION PLAN
(a)
A Detailed Site Assessment (DESA) is to be submitted to Council to
complete the sampling carried out within the Preliminary Site
Investigation and limited sampling report to completely categorise the
level of contaminants within the site.
(b)
Following completion of the DESA, a Remediation Action Plan (RAP) is
to be submitted to Council to remediate the contamination identified in
the limited sampling and any further contamination found within the
DESA.
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170
The DESA and the RAP shall be prepared in accordance with the NSW
EPA “Guidelines for Consultants Reporting on Contaminated Sites” and
Planning NSW Guidelines “ Managing Land Contamination Planning
Guidelines” and Councils Development Control Plan.
Note: The DESA and the RAP shall be reviewed by a NSW EPA Accredited
Site Auditor and include a statement issued by the auditor certifying that the
RAP is practical and the site will be suitable after remediation for the
proposed use before any consent is operational;
(C)
evidence that will sufficiently enable Council to be satisfied as to those matters
identified in deferred commencement conditions, as indicated above, must be
submitted to Council by 23 February 2017;
(D)
the consent will not operate until such time that the Council notifies the Applicant in
writing that deferred commencement consent conditions, as indicated above, have
been satisfied; and
(E)
upon Council giving written notification to the Applicant that the deferred
commencement conditions have been satisfied, the consent will become operative
from the date of that written notification, subject to the conditions of consent as
detailed in the subject report, subject to the amendment of Conditions (2)(b) and
(2)(c) such that they read as follows, and any other additional conditions
reasonably arising from consideration of the deferred commencement consent
conditions:
(2)
DESIGN MODIFICATIONS
(b)
The ground-floor window at the rear of the site on the south-west
elevation is to be deleted. The first and second floor windows at the
rear of the site on the south-west elevation are to be timber framed and
traditionally proportioned and all windows on the north-east elevation
are to be highlight windows above the wardrobes;
(c)
The balcony front doors facing Pitt Street are to incorporate highlights
to increase ventilation when the balcony doors are closed and the
proportion and framing is to be timber in all openings with traditional
proportions facing the street;
Note – the recommendation of the Planning and Development Committee was not
adopted.
At the meeting of Council, it was moved by Councillor Mant, seconded by Councillor
Kok –
It is resolved that consent be granted to Development Application No D/2014/904,
subject to the conditions as detailed in the subject report to the Planning and
Development Committee on 17 February 2015, subject to the amendment of Condition
(2) as follows (with additions shown in bold italics and deletions in strikethrough):
(2)
DESIGN MODIFICATIONS
The design of the building must be modified as follows:
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Monday 23 February 2015
(a)
The building is to be set-back a further 500mm to the west from the Pitt
Street boundary;
(b)
The ground-floor window at the rear of the site on the south-west
elevation is to be deleted. The first and second floor windows at the
rear of the site on the south-west elevation and all windows on the
north-east elevation are to be highlight windows above the wardrobes;
(c)
The balcony front doors facing Pitt Street are to incorporate highlights
to increase ventilation when the balcony doors are closed. All external
windows and doors are to be traditional timber-framed with
traditional proportions and solid to void relationships;
(d)
Skylights are to be installed on the level 2 units bathrooms where
possible; and
(e)
The ground-floor units fronting Pitt Street are to have individual entries
off the street in addition to the common entrance; and
(f)
The windows of the rear-roof extension on the second level of the
north-west elevation facing Order Place are to be timber framed
and vertically proportioned with external adjustable screens for
privacy.
The modifications are to be submitted to and approved by Council’s Director
City Planning, Development and Transport prior to issue of a construction
certificate.
Carried unanimously.
The motion, as adopted by Council, is as follows:
It is resolved that:
(A)
Council support the request to vary the height development standard under Clause
4.6 of the Sydney Local Environmental Plan 2012;
(B)
pursuant to Section 80(3) of the Environmental Planning and Assessment Act
1979, a deferred commencement consent be granted to Development Application
No. D/2014/904 subject to the following:
(1)
DETAILED SITE ASSESSMENT AND REMEDIATION ACTION PLAN
(a)
A Detailed Site Assessment (DESA) is to be submitted to Council to
complete the sampling carried out within the Preliminary Site
Investigation and limited sampling report to completely categorise the
level of contaminants within the site.
(b)
Following completion of the DESA, a Remediation Action Plan (RAP) is
to be submitted to Council to remediate the contamination identified in
the limited sampling and any further contamination found within the
DESA.
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172
The DESA and the RAP shall be prepared in accordance with the NSW
EPA “Guidelines for Consultants Reporting on Contaminated Sites” and
Planning NSW Guidelines “ Managing Land Contamination Planning
Guidelines” and Councils Development Control Plan.
Note: The DESA and the RAP shall be reviewed by a NSW EPA Accredited
Site Auditor and include a statement issued by the auditor certifying that the
RAP is practical and the site will be suitable after remediation for the
proposed use before any consent is operational;
(C)
evidence that will sufficiently enable Council to be satisfied as to those matters
identified in deferred commencement conditions, as indicated above, must be
submitted to Council by 23 February 2017;
(D)
the consent will not operate until such time that the Council notifies the Applicant in
writing that deferred commencement consent conditions as indicated above, have
been satisfied; and
(E)
upon Council giving written notification to the Applicant that the deferred
commencement conditions have been satisfied, the consent will become operative
from the date of that written notification, subject to the following conditions of
consent and any other additional conditions reasonably arising from consideration
of the deferred commencement consent conditions:
SCHEDULE 1A
Approved Development/Design Modifications/Covenants and Contributions/Use
and Operation
Note: Some conditions in Schedule 1A are to be satisfied prior to issue of a Construction
Certificate and some are to be satisfied prior to issue of Occupation Certificate, where
indicated.
(1)
APPROVED DEVELOPMENT
(a)
Development must be in accordance with Development Application No.
D/2014/904 dated 30 June 2014 and the following drawings:
Drawing
Number
Architect
Date
DA000 Revision
C
Chanine Designs
20/11/2014
DA001 Revision
C
Chanine Designs
20/11/2014
DA002 Revision
C
Chanine Designs
20/11/2014
DA003 Revision
C
Chanine Designs
20/11/2014
173
Monday 23 February 2015
Drawing
Number
Architect
Date
DA004 Revision
C
Chanine Designs
20/11/2014
DA005 Revision
C
Chanine Designs
20/11/2014
DA006 Revision
C
Chanine Designs
20/11/2014
DA007 Revision
C
Chanine Designs
20/11/2014
DA008 Revision
C
Chanine Designs
20/11/2014
DA009 Revision
C
Chanine Designs
20/11/2014
DA010 Revision
C
Chanine Designs
20/11/2014
DA011 Revision
C
Chanine Designs
20/11/2014
DA012 Revision
C
Chanine Designs
20/11/2014
DA013 Revision
C
Chanine Designs
20/11/2014
DA014 Revision
C
Chanine Designs
20/11/2014
DA016 Revision
C
Chanine Designs
20/11/2014
DA017 Revision
C
Chanine Designs
20/11/2014
and as amended by the conditions of this consent.
(b)
(2)
In the event of any inconsistency between the approved plans and
supplementary documentation, the plans will prevail.
DESIGN MODIFICATIONS
The design of the building must be modified as follows:
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174
(a)
The building is to be set-back a further 500mm to the west from the Pitt
Street boundary;
(b)
The ground-floor window at the rear of the site on the south-west
elevation is to be deleted. The first and second floor windows at the
rear of the site on the south-west elevation and all windows on the
north-east elevation are to be highlight windows above the wardrobes;
(c)
The balcony front doors facing Pitt Street are to incorporate highlights
to increase ventilation when the balcony doors are closed. All external
windows and doors are to be traditional timber-framed with traditional
proportions and solid to void relationships;
(d)
Skylights are to be installed on the level 2 units bathrooms where
possible;
(e)
The ground-floor units fronting Pitt Street are to have individual entries
off the street in addition to the common entrance; and
(f)
The windows of the rear-roof extension on the second level of the
north-west elevation facing Order Place are to be timber framed and
vertically proportioned with external adjustable screens for privacy.
The modifications are to be submitted to and approved by Council’s Director
City Planning, Development and Transport prior to issue of a construction
certificate.
(3)
MATERIALS AND SAMPLES BOARD
A materials sample board detailing all proposed finishes must be submitted
to and approved by Council’s Director City Planning, Development and
Transport prior to a Construction Certificate being issued.
(4)
USE OF COMMON AREAS AND FACILITIES
The communal open space must be available for the use all residents of the
building, and must be designated as common property on any strata
subdivision of the site, with no exclusive use rights.
(5)
FLOOR SPACE RATIO - ALL OTHER AREAS
The following applies to Floor Space Ratio:
(a)
The Floor Space Ratio must not exceed 1.46:1 calculated in
accordance with the Sydney LEP 2012. For the purposes of the
calculation of FSR, the total Gross Floor Area is 957sqm.
(b)
Prior to an Occupation Certificate being issued, a Registered Surveyor
must provide certification of the total and component Gross Floor Areas
(by use) in the development, utilising the definition under Sydney LEP
2012 applicable at the time of development consent, to the satisfaction
of the Principal Certifying Authority.
175
(6)
(7)
(8)
Monday 23 February 2015
BUILDING HEIGHT
(a)
The height of the building must not exceed RL44.208 (AHD) to the top
of the ridge line of the pitched roof or RL44.60 to the top of the party
wall.
(b)
Prior to an Occupation Certificate being issued, a Registered Surveyor
must provide certification that the height of the building accords with (a)
above, to the satisfaction of the Principal Certifying Authority.
AFFORDABLE HOUSING
(a)
All of the approved units/ dwellings of the subject site (units 1, 2, 3, 8, 9
and 10 totalling 455.5sqm of GFA) must be used for Affordable
Housing for a minimum of 10 years from the date of the issue of any
Occupation Certificate:
(b)
The units/dwellings are to be managed by a registered community
housing provider.
(c)
A restriction is to be registered on the title of the property in accordance
with Section 88E of the Conveyancing Act 1919, that will ensure that
the requirements of this condition are met before the date of issue of
any Occupation Certificate.
(d)
Documentation evidencing that a restriction in terms that are in
accordance with this condition has been registered on the title of the
property is to be submitted to Council prior to the issue of any
Occupation Certificate.
REGISTERED COMMUNITY HOUSING PROVIDER
Prior to the issue of any Occupation Certificate, satisfactory evidence is to be
provided to Council of the registration of a lease between the building owner
and a registered community housing provider for each and every affordable
housing dwelling (units 1, 2, 3, 8, 9 and 10) in the development.
(9)
SUBDIVISION
(a)
The component of the building approved for affordable housing cannot
be strata subdivided (units 1, 2, 3, 8, 9 and 10);
(b)
Any proposal to separate the affordable housing and residential
apartment components of the development will require separate
applications to Council to obtain development consent for the stratum
subdivision and subsequent issue of the subdivision certificate under
Part 4A of the Environmental Planning and Assessment Act 1979.
(10) LETTERBOXES
All letterboxes are to be designed and constructed to be accessible from the
public way. Details of the location and design of the letterboxes must be
submitted to Council and approved in writing prior to the issue of a
Construction Certificate. Thereafter the development shall be carried out in
accordance with the approved details.
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176
(11) ASSOCIATED ROADWAY COSTS
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 the City’s “Sydney Streets Technical Specification” including
amendments and “Sydney Streets Design Code”.
(12) BICYCLE PARKING AND END OF TRIP FACILITIES
(a)
The minimum number of bicycle parking spaces and end of trip
facilities to be provided for the development must comply with the table
below.
Bicycle Parking Type
Number Requirements
Residential
17
Spaces must be a class 1
bicycle locker
Residential visitor
1
Spaces must
bicycle rails
be
Class
3
Notes:
(i)
(b)
If a basement storage area on title that is large enough to store a
bike and is no smaller than a class 1 bike locker this can be
counted as a space.
The layout, design and security of bicycle facilities must comply with
the minimum requirements of Australian Standard AS 2890.3 Parking
Facilities Part 3: Bicycle Parking Facilities. The details must be
submitted to and approved by the Principle Certifying Authority
confirming prior to the Construction Certificate being issued.
(13) CHANGES TO KERB SIDE PARKING RESTRICTIONS
A separate submission must be made to the Local Pedestrian, Cycling and
Traffic Calming Committee via the City Infrastructure and Traffic Operations
Unit seeking the City’s approval for any changes to kerb side parking
arrangements. There is no guarantee kerb side parking will be changed, or
that any change will remain in place for the duration of the development use.
The submission must include two plans. One showing the existing kerb side
parking restriction signs and stems, the second showing the proposed kerb
side parking restriction signs and stems. Both plans must include chainages
to all signs and stems from the kerb line of the nearest intersection.
All costs associated with the parking proposal will be borne by the developer.
Note: As parking in the LGA is at a premium, it is recommended that the
applicant should approach the Area Traffic Engineer to discuss the proposal
before making a submission.
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Monday 23 February 2015
(14) PROHIBITION ON PARTICIPATION IN RESIDENT PARKING PERMIT
SCHEME - APPLICATION OF CITY OF SYDNEY PARKING POLICY
All owners, tenants and occupiers of this building are advised that it is the
Policy of Council that they are not eligible to participate in any existing or
proposed Council on-street resident parking schemes. The owner of the
dwelling must advise all intending owners, tenants and occupiers of the
dwelling of this prohibition in writing at the time of entering into a purchase /
lease / occupancy agreement.
(15) SIGNAGE TO INDICATE NON PARTICIPATION IN RESIDENT PARKING
PERMIT SCHEME
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 of the
building.
(16) VEHICLE FOOTWAY CROSSING
A separate application is to be made to, and approved by, Council for the
construction of any proposed vehicle footway crossing or for the removal of
any existing crossing and replacement of the footpath formation where any
such crossings are no longer required.
All disused or redundant vehicle crossings and laybacks must be removed
and footway, kerb, gutter and road restoration reinstated in accordance with
Council’s standards, to suit the adjacent finished footway and edge treatment
materials, levels and details, or as otherwise directed by Council officers. All
construction and replacement works are to be completed in accordance with
the approved plans prior to the issue of an Occupation Certificate.
Note: In all cases the construction materials should reinforce the priority of
pedestrian movement over that of the crossing vehicle.
(17) SECTION 94 SOUTHERN PRECINCT CITY OF SYDNEY DEVELOPMENT
CONTRIBUTIONS PLAN 2006
As a consequence of this development, Council has identified an additional
demand for public amenities and facilities. Pursuant to Section 94 of the
Environmental Planning and Assessment Act, 1979 (as amended), and City
of Sydney Section 94 Contributions Development Contributions Plan 2006
the following monetary contributions towards the cost of providing facilities
and amenities are required.
Monday 23 February 2015
178
Contribution Category
Amount
Community Facilities
$33,132.83
Public Domain
$20,407.91
New Open Space
$159,013.73
New Roads
$40,385.00
Accessibility
$1,675.01
Management
$1,811.07
Total
$256,425.54
The above payments will be adjusted according to the relative change in the
Consumer Price Index using the following formula.
Contributions at Time of Payment = C x CPI2 / CPI1
where:
C
is the original contribution amount as shown above;
CPI2
is the Consumer Price Index: All Groups Index for Sydney
available from the Australian Bureau of statistics at the time of
payment; and
CPI1
is the Consumer Price Index: All Groups Index for Sydney
available from the Australian Bureau of Statistics at the date of
calculation being – 1 January 2015 to 31 March 2015.
The contribution must be paid prior to issue of a Construction Certificate.
Payment may be by EFTPOS (debit card only), CASH or a BANK CHEQUE
made payable to the City of Sydney. Personal or company cheques will not
be accepted.
Please
contact
Council’s
Planning
Administration
staff
at
[email protected] to confirm the amount
payable, prior to payment.
Copies of the City of Sydney Section 94 Development Contributions Plan
2006 may be inspected at Council's offices.
Note: If the developer provides evidence of gaining a tax exemption for lowcost housing from the state government, as per Section 2.11 of the City of
Sydney Development Contributions Plan 2006, a monetary contribution is not
required to be paid for the component of the development that is providing
affordable housing.
(18) AIR CONDITIONERS GENERALLY
No air-conditioning equipment is to be visible from the public domain.
Equipment and associated wiring shall:
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Monday 23 February 2015
(a)
Not be located on awnings or attached to the face of the building
(b)
Not be located on roofs in such a way that it is visible from any street,
footpath or park
(c)
Be visually screened if located 1.8 metres above ground level in other
locations
(d)
Wiring shall be fully concealed.
(19) DEMOLITION, EXCAVATION AND
VIBRATION MANAGEMENT PLAN
CONSTRUCTION
NOISE
AND
A site specific noise management plan shall be submitted to the Council for
comment and approval prior to issue of any Construction Certificate.
The Plan must be prepared by a suitably qualified person who possesses the
qualifications to render them eligible for membership of the Australian
Acoustic Society, Institution of Engineers Australia or the Australian
Association of Acoustic Consultants.
The plan must include but not be limited to the following:(a)
identification of noise sensitive receivers near to the site.
(b)
A prediction as to the level of noise impact likely to affect the nearest
noise sensitive receivers from the use and proposed number of high
noise intrusive appliances intended to be operated onsite. A statement
should also be submitted outlining whether or not predicted noise levels
will comply with the noise criteria stated within the City of Sydney
Construction Hours /Noise Code of Practice 1992 for the typical
construction hours of 07.00am to 7.00pm. Where resultant site noise
levels are likely to be in exceedance of this noise criteria then a
suitable proposal must be given as to the duration and frequency of
respite periods that will be afforded to the occupiers of neighbouring
property.
(c)
A representative background noise measurement (LA90, 15 minute) should
be submitted, assessed in the vicinity of any potentially affected
receiver locations and measured in accordance with AS 1055:1.2.1997.
(d)
Confirmation of the level of community consultation that has/is and will
be undertaken with Building Managers/ occupiers of the main adjoining
noise sensitive properties likely to be most affected by site works and
the operation of plant/machinery particularly during the demolition and
excavation phases.
(e)
Confirmation of noise monitoring methodology that is to be undertaken
during the main stages of work at neighbouring noise sensitive
properties in order to keep complaints to a minimum and to ensure that
noise from site works complies with the noise criteria contained within
City's Construction Noise Code.
(f)
What course of action will be undertaken following receipt of a
complaint concerning offensive noise.
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180
(g)
Details of any noise mitigation measures that have been outlined by an
acoustic consultant or otherwise that will be deployed on site to reduce
noise impacts on the occupiers of neighbouring noise sensitive
property to a minimum.
(h)
What plant and equipment is to be used on site, the level of sound
mitigation measures to be undertaken in each case and the criteria
adopted in their selection taking into account the likely noise impacts
on the occupiers of neighbouring property and other less intrusive
technologies available.
(20) NOISE - GENERAL
(a)
(b)
The emission of noise associated with the use of the premises
including the cumulative operation of any mechanical plant and
equipment, and air conditioning shall comply with the following:
(i)
The LAeq, 15 minute noise level emitted from the use must not exceed
the project specific noise level for that receiver as determined in
accordance with the NSW EPA Industrial Noise Policy. Noise
must be measured in accordance with the Industrial Noise Policy
and relevant requirements of Australian Standard AS 1055-1997
Acoustics – Description and measurement of environmental
noise.
(ii)
Project specific noise levels shall be determined by establishing
the existing environmental noise levels, in complete accordance
with the assessment LA90, 15 minute / rating LA90, 15 minute process to be
in accordance with the requirements for noise monitoring listed in
the NSW EPA Industrial Noise Policy and relevant requirements
of Australian Standard AS1055-1997 Standard AS 1055-1997
Acoustics – Description and measurement of environmental
noise.
(iii)
Modifying factors in Table 4.1 of the NSW EPA Industrial Noise
Policy are applicable.
An LAeq,15 minute noise level emitted from the use must not exceed the
LA90, 15 minute noise level by more than 3dB in any Octave Band Centre
Frequency (31.5 Hz to 8 kHz inclusive) when assessed inside any
habitable room of any affected residence or noise sensitive commercial
premises provided that;
(i)
Where the LA90, 15 minute noise level is below the threshold of
hearing, Tf at any Octave Band Centre Frequency as defined in
Table 1 of International Standard ISO 226 : 2003- Normal EqualLoudness-Level Contours then the value of Tf corresponding to
that Octave Band Centre Frequency shall be used instead.
(ii)
The LAeq,15 minute noise level and the LA90,15 minute noise level shall
both be measured with all external doors and windows of the
affected residence closed;
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Monday 23 February 2015
(iii)
The relevant background noise level (LA90, 15 minute) is taken to
mean the day, evening or night rating background noise level
determined in complete accordance with the methodology
outlined in the NSW EPA Industrial Noise Policy and Australian
Standard AS1055.1997 Acoustics – Description and
measurement of environmental noise.
(iv)
Background noise shall be established in the absence of all noise
emitted from the use but with the ventilation equipment normally
servicing the affected residence operating. Background noise
measurements are to be representative of the environmental
noise levels at the affected location.
(v)
Modifying factors in Table 4.1 of the NSW EPA Industrial Noise
Policy are applicable. Internal Noise measurements are not to be
corrected for duration.
(21) SITE AUDIT STATEMENT
Prior to the execution of works associated with the built form of the
development (excluding building work directly related to remediation) a Site
Audit Statement (SAS) is to be obtained from a NSW EPA Accredited Site
Auditor is to be submitted to the Area Planning Manager. The SAS must
confirm that the site has been remediated in accordance with the approved
Remediation Action Plan and clearly state that site is suitable for the
proposed use. Conditions on the Site Audit Statement shall form part of the
consent.
(a)
Where the SAS is subject to conditions that require ongoing review by
the Auditor or Council these should be reviewed and approved by
Council before the SAS is issued. In circumstances where the SAS
conditions (if applicable) are not consistent with the consent, a S96
application pursuant to the Environmental Planning & Assessment Act
1979 shall be submitted to ensure that they form part of the consent
conditions.
(b)
An Occupation Certificate must not be issued by the PCA unless a Site
Audit Statement has been submitted to the City in accordance with this
condition.
(22) NOTIFICATION – NEW CONTAMINATION EVIDENCE
Any new information which comes to light during remediation, demolition or
construction works which has the potential to alter previous conclusions
about site contamination shall be notified to the City’s Area Planning
Manager and the Principal Certifying Authority immediately.
Monday 23 February 2015
182
SCHEDULE 1B
Prior to Construction Certification/Commencement of Work/Health and Building
Note: Prior to the issue of the Construction Certificate, sufficient information must be
forwarded to the certifying authority (whether Council or a private accredited certifier)
illustrating compliance with the relevant requirements of the Building Code of Australia
(and a copy forwarded to Council where Council is not the certifying authority). If Council
is to be the certifying authority, please contact the Building Unit to discuss the
requirements prior to submission of the application for construction certificate.
(23) COMPLIANCE WITH BUILDING CODE OF AUSTRALIA
The proposed work must comply with the Building Code of Australia (BCA).
(24) ADAPTABLE HOUSING
Prior to a Construction Certificate being issued, information from an
appropriately qualified access consultant:
(a)
confirming that the required number of residential units are able to be
adapted for people with a disability in accordance with the Building
Code of Australia, and
(b)
demonstrating (in a checklist) compliance with Australian Standard
AS4299,
is to be submitted to the Certifying Authority.
(25) ACCESS AND FACILITIES FOR PERSONS WITH DISABILITIES
The building must be designed and constructed to provide access and
facilities for people with a disability in accordance with the Building Code of
Australia.
If, in complying with this condition, amendments to the development are
required, the design changes must be submitted to and approved by Council
prior to a Construction Certificate being issued.
(26) BASIX CERTIFICATE - DETAILS TO BE LODGED WITH A CC
A copy of the required completed BASIX certificate accepted as part of this
Development Consent with respect to the proposed residential building
works, must be lodged with an application for a construction certificate and
the items nominated as part of the subject BASIX certificate must be
specified on the plans submitted with the construction certificate application.
– See Note.
IMPORTANT NOTE: Any requirement detailed in the accompanying BASIX
Certificate, MUST be included as a specific notation or inclusion on any
future Construction Certificate plans and specification in accordance with
Part 3 of Schedule 1 of the EP&A Regulation, 2000.
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Monday 23 February 2015
(27) ASBESTOS REMOVAL WORKS
(a)
All works removing asbestos containing materials must be carried out
by a suitably licensed asbestos removalist duly licensed with
WorkCover NSW, holding either a Friable (Class A) or a Non- Friable
(Class B) Asbestos Removal Licence which ever applies.
(b)
Five days prior to the commencement of licensed asbestos removal,
WorkCover must be formally notified of the works. All adjoining
properties and those opposite the development must be notified in
writing of the dates and times when asbestos removal is to be
conducted. The notification is to identify the licensed asbestos removal
contractor and include a contact person for the site together with
telephone number and email address.
(c)
All works must be carried out in accordance with the Work Health and
Safety Regulation 2011 and the NSW Government and WorkCover
document entitled How to manage and control asbestos in the work
place: Code of Practice (NSW WorkCover) and the City of Sydney
Managing Asbestos Policy.
(d)
The asbestos removalist must use signs and barricades to clearly
indicate the area where the asbestos removal work is being performed.
Signs must be placed in positions so that people are aware of where
the asbestos removal work area is and should remain in place until
removal is completed and clearance to reoccupy has been granted.
Responsibilities for the security and safety of the asbestos removal site
and removal work area should be specified in the asbestos removal
control plan (where required). This includes inaccessible areas that are
likely to contain asbestos.
(e)
Warning signs must be placed so they inform all people nearby that
asbestos removal work is taking place in the area. Signs should be
placed at all of the main entry points to the asbestos removal work area
where asbestos is present. These signs should be weatherproof,
constructed of light-weight material and adequately secured so they
remain in prominent locations. The signs should be in accordance with
AS 1319-1994 Safety signs for the occupational environment for size,
illumination, location and maintenance.
(f)
Asbestos to be disposed of must only be transported to waste facilities
licensed to accept asbestos. The names and location of these facilities
are listed in Appendix F of the City of Sydney’s Managing Asbestos
Guidelines.
(g)
No asbestos products are to be reused on the site (i.e. packing pieces,
spacers, formwork or fill etc).
(h)
No asbestos laden skips or bins are to be left in any public place
without the approval of Council.
(i)
A site notice board must be located at the main entrance to the site in a
prominent position and must have minimum dimensions of 841mm x
594mm (A1) with any text on the notice to be a minimum of 30 point
type size.
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The site notice board must include the following:
(i)
contact person for the site;
(ii)
telephone and facsimile numbers and email address; and
(iii)
site activities and time frames.
(28) PHYSICAL MODELS
(a)
Prior to a final Occupation Certificate being issued, an accurate 1:500
scale model of the development as constructed must be submitted to
Council for the City Model in Town Hall House.
Note:
(i)
The models must be constructed in accordance with the Model
Specifications
available
online
at
http://www.cityofsydney.nsw.gov.au/development/applicationguide/application-process/model-requirements
Council’s
modelers must be consulted prior to construction of the model.
(ii)
The models are to comply with all of the conditions of the
Development Consent.
(iii)
The models must be amended to reflect any further modifications
to the approval (under section 96 of the Environmental Planning
and Assessment Act) that affect the external appearance of the
building.
(29) SUBMISSION OF ELECTRONIC CAD MODELS PRIOR TO OCCUPATION
CERTIFICATE
(a)
Prior to an Occupation Certificate being issued, an accurate 1:1
electronic CAD model of the completed development must be
submitted to Council for the electronic Visualisation City Model.
(b)
The data required to be submitted within the surveyed location must
include and identify:
(i)
building design above and below ground in accordance with the
development consent;
(ii)
all underground services and utilities, underground structures and
basements, known archaeological structures and artefacts;
(iii)
a current two points on the site boundary clearly marked to show
their Northing and Easting MGA (Map Grid of Australia)
coordinates, which must be based on Established Marks
registered in the Department of Lands and Property Information’s
SCIMS Database with a Horizontal Position Equal to or better
than Class C.
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The data is to be submitted as a DGN or DWG file on a Compact Disc.
All modelling is to be referenced to the Map Grid of Australia (MGA)
spatially located in the Initial Data Extraction file.
(c)
The electronic model must be constructed in accordance with the City’s
3D CAD electronic model specification. The specification is available
online at http://www.cityofsydney.nsw.gov.au/development/applicationguide/application-process/model-requirements Council’s Modelling staff
should be consulted prior to creation of the model. The data is to
comply with all of the conditions of the Development Consent.
(30) CONSTRUCTION TRAFFIC MANAGEMENT PLAN
A Construction Traffic Management Plan must be submitted to and approved
by Council prior to a Construction Certificate being issued.
(31) DEMOLITION, EXCAVATION AND CONSTRUCTION MANAGEMENT
(a)
(b)
Prior to the commencement of demolition and/or excavation work the
following details must be submitted to and be approved by the Principal
Certifying Authority:
(i)
Plans and elevations showing distances of the subject building
from the location of adjoining and common/party walls, and
(where applicable) the proposed method of facade retention.
(ii)
A Demolition Work Method Statement prepared by a licensed
demolisher who is registered with the Work Cover Authority. (The
demolition by induced collapse, the use of explosives or on-site
burning is not permitted.)
(iii)
An Excavation Work Method Statement prepared by an
appropriately qualified person.
(iv)
A Waste Management Plan for the demolition and or excavation
of the proposed development.
Such statements must, where applicable, be in compliance with
AS2601-2001 Demolition of Structures, the Work, Health and Safety
Act 2011 and Regulation; Council’s Policy for Waste Minimisation in
New Developments 2005, the Waste Avoidance and Resource
Recovery Act 2001, and all other relevant acts and regulations and
must include provisions for:
(i)
A Materials Handling Statement for the removal of refuse from
the site in accordance with the Waste Avoidance and Resource
Recovery Act 2001.
(ii)
The name and address of the company/contractor undertaking
demolition/excavation works.
(iii)
The name and address of the company/contractor undertaking off
site remediation/disposal of excavated materials.
(iv)
The name and address of the transport contractor.
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186
(v)
The type and quantity of material to be removed from site.
(vi)
Location and method of waste disposal and recycling.
(vii) Proposed truck routes, in accordance with this development
consent.
(viii) Procedures to be adopted for the prevention of loose or
contaminated material, spoil, dust and litter from being deposited
onto the public way from trucks and associated equipment and
the proposed method of cleaning surrounding roadways from
such deposits. (Note: With regard to demolition of buildings, dust
emission must be minimised for the full height of the building. A
minimum requirement is that perimeter scaffolding, combined
with chain wire and shade cloth must be used, together with
continuous water spray during the demolition process.
Compressed air must not be used to blow dust from the building
site).
(ix)
Measures to control noise emissions from the site.
(x)
Measures to suppress odours.
(xi)
Enclosing and making the site safe.
(xii) Induction training for on-site personnel.
(xiii) Written confirmation that an appropriately qualified Occupational
Hygiene Consultant has inspected the building/site for asbestos,
contamination and other hazardous materials, in accordance with
the procedures acceptable to Work Cover Authority.
(xiv) An Asbestos and Hazardous Materials Clearance Certificate by a
person approved by the Work Cover Authority.
(xv) Disconnection of utilities.
(xvi) Fire Fighting. (Fire fighting services on site are to be maintained
at all times during demolition work. Access to fire services in the
street must not be obstructed).
(xvii) Access and egress. (Demolition and excavation activity must not
cause damage to or adversely affect the safe access and egress
of the subject building or any adjacent buildings).
(xviii) Waterproofing of any exposed surfaces of adjoining buildings.
(xix) Control of water pollution and leachate and cleaning of vehicles
tyres (proposals must be in accordance with the Protection of the
Environmental Operations Act 1997).
(xx) Working hours, in accordance with this development consent.
(xxi) Any Work Cover Authority requirements.
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(c)
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The approved work method statements and a waste management plan
as required by this condition must be implemented in full during the
period of construction.
(32) DILAPIDATION REPORT – MAJOR EXCAVATION/DEMOLITION
(a)
Subject to the receipt of permission of the affected landowner,
dilapidation report/s, including a photographic survey of 64 and 74 Pitt
Street Redfern are to be prepared by an appropriately qualified
structural engineer prior to commencement of demolition/excavation
works. A copy of the dilapidation report/s together with the
accompanying photographs must be given to the above property
owners, and a copy lodged with the Certifying Authority and the Council
prior to the issue of a Construction Certificate.
UPON COMPLETION OF EXCAVATION/DEMOLITION
(b)
A second Dilapidation Report/s, including a photographic survey must
then be submitted at least one month after the completion of
demolition/excavation works. A copy of the second dilapidation
report/s, together with the accompanying photographs must be given to
the above property owners, and a copy lodged with the Principal
Certifying Authority and the Council prior to the issue of an Occupation
Certificate.
Any damage to buildings, structures, lawns, trees, sheds, gardens and the
like must be fully rectified by the applicant or owner, at no cost to the affected
property owner.
Note:
Prior to the commencement of the building surveys, the
applicant/owner must advise (in writing) all property owners of buildings to be
surveyed of what the survey will entail and of the process for making a claim
regarding property damage. A copy of this information must be submitted to
Council.
(33) EROSION AND SEDIMENT CONTROL - BETWEEN 250 AND 2,500SQM
Prior to the commencement of demolition/excavation/construction work, an
Erosion and Sediment Control Plan (ESCP) must be submitted to and be
approved by the Principal Certifying Authority. The ESCP must:
(a)
Conform to the specifications and standards contained in Managing
Urban Stormwater: Soils and Construction (Landcom, 2004); the
Guidelines for Erosion and Sediment Control on Building Sites (City of
Sydney, 2004); and the NSW Protection of the Environment Operations
Act 1997.
(b)
Include a drawing(s) that clearly shows:
(i)
location of site boundaries and adjoining roads
(ii)
approximate grades and indications of direction(s) of fall
(iii)
approximate location of trees and other vegetation, showing
items for removal or retention
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(c)
188
(iv)
location of site access, proposed roads and other impervious
areas
(v)
existing and proposed drainage patterns with stormwater
discharge points
(vi)
north point and scale
Specify how soil conservation measures will be conducted on site
including:
(i)
timing of works
(ii)
locations of lands where a protective ground cover will, as far as
is practicable, be maintained
(iii)
access protection measures
(iv)
nature and extent of earthworks, including the amount of any cut
and fill
(v)
where applicable, the diversion of runoff from upslope lands
around the disturbed areas
(vi)
location of all soil and other material stockpiles including topsoil
storage, protection and reuse methodology
(vii) procedures by which stormwater is to be collected and treated
prior to discharge including details of any proposed pollution
control device(s)
(viii) frequency and nature of any maintenance program
(ix)
other site-specific soil or water conservation structures.
(34) TEMPORARY GROUND ANCHORS, TEMPORARY SHORING AND
PERMANENT BASEMENT/RETAINING WALLS AFFECTING THE ROAD
RESERVE
For temporary shoring including ground anchors affecting the road reserve, a
separate application under Section 138 of the Roads Act 1993 must be
lodged with Council.
(35) CLASSIFICATION OF WASTE
Prior to the exportation of waste (including fill or soil) from the site, the waste
materials must be classified in accordance with the provisions of the
Protection of the Environment Operations Act 1997 and the NSW DECC
Waste Classification Guidelines, Part1: Classifying Waste (July 2009). The
classification of the material is essential to determine where the waste may
be legally taken. The Protection of the Environment Operations Act 1997
provides for the commission of an offence for both the waste owner and the
transporters if the waste is taken to a place that cannot lawfully be used as a
waste facility for the particular class of waste. For the transport and disposal
of industrial, hazardous or Group A liquid waste advice should be sought
from the EPA.
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(36) STOCKPILES
(a)
No stockpiles of soil or other materials shall be placed on footpaths or
nature strips unless prior approval has been obtained from the City’s
Construction Regulation Unit.
(b)
All stockpiles of soil or other materials shall be placed away from
drainage lines, gutters or stormwater pits or inlets.
(c)
All stockpiles of soil or other materials likely to generate dust or odours
shall be covered.
(d)
All stockpiles of contaminated soil shall be stored in a secure area and
be covered if remaining more than 24 hours
(37) IMPORTED FILL MATERIALS
All fill imported onto the site shall be validated to ensure the imported fill is
suitable for the proposed land use from a contamination perspective. Fill
imported on to the site shall also be compatible with the existing soil
characteristic for site drainage purposes.
The City may require details of appropriate validation of imported fill material
to be submitted with any application for future development of the site. Hence
all fill imported onto the site should be validated by either one or both of the
following methods during remediation works:
(a)
Imported fill should be accompanied by documentation from the
supplier which certifies that the material is not contaminated based
upon analyses of the material for the known past history of the site
where the material is obtained; and/or
(b)
Sampling and analysis of the fill material shall be conducted in
accordance with NSW EPA (1995) Sampling Design Guidelines.
(38) ARCHAEOLOGICAL DISCOVERY DURING EXCAVATION
(a)
Should any relics be unexpectedly discovered on the site during
excavation, all excavation or disturbance to the area is to stop
immediately and the Heritage Council of NSW should be informed in
accordance with section 146 of the Heritage Act 1977.
(b)
Should any Aboriginal objects be unexpectedly discovered then all
excavation or disturbance of the area is to stop immediately and NSW
Government Office of Environment and Heritage is to be informed in
accordance with Section 89A of the National Parks and Wildlife Act
1974.
(c)
Should any archaeological remains or Aboriginal objects be
discovered, a copy of recording of the finds and the final archaeological
summary report is to be submitted to Council prior to the Occupational
Certificate;
(d)
if the discovery is on Council’s land, Council must be informed.
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190
(39) EXTERNAL COLOUR SCHEME (OTHER BUILDINGS)
The external colour scheme is to be sympathetic to the architectural style
and period of the building and/or Heritage Conservation Area. A schedule of
colours is to be submitted to and approved by Council’s Urban Design and
Heritage Manager prior to the issue of the Construction Certificate.
(40) PHOTOGRAPHIC ARCHIVAL DOCUMENTATION (MINOR WORKS)
Prior to a Construction Certificate being issued, an archival photographic
recording of the existing building is to be prepared to Council's satisfaction.
The recording may be in either digital or film-based form, or a combination of
both, prepared in accordance with the NSW Heritage Division of the
Department of Environment and Heritage guidelines titled "Photographic
Recording of Heritage Items using Film or Digital Capture". One copy of the
record is to be submitted to Council to be lodged with Council's Archives.
The form of the recording is to be as follows:
(a)
In A4 format, placed in archival plastic sleeves in an appropriate
archival folder.
(b)
The Development Application number must be noted on the front of the
folder and in the report.
(c)
Include a summary report detailing the project description, date and
authorship of the photographic record, method of documentation and
limitations of the photographic record.
(d)
Each negative, slide or digital image is to be cross referenced to a
photographic catalogue and photographic base plans.
(e)
Include written confirmation, issued with the authority of both the
applicant and the photographer that the City of Sydney is granted a
perpetual non-exclusive licence to make use of the copyright in all
images supplied, including the right to make copies available to third
parties as though they were Council images. The signatures of both the
applicant and the photographer must be included.
A digital based recording is to include:
(f)
CD or DVD containing the report in PDF format and the electronic
images saved as JPEG, TIFF or PDF files and cross referenced to the
digital catalogue sheets and base plans.
A film based recording is to include:
(g)
35mm film images submitted as contact sheets with equivalent
negatives, a selection of black and white prints 200 x 250mm, and
35mm colour transparencies, all labelled and cross-referenced to the
catalogue sheets and base plans.
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Monday 23 February 2015
(41) TIMBER FRONT DORMERS
(a)
The front dormer must use timber joinery and must be a rectangular,
timber framed, vertically proportioned, double hung sash window with a
ratio of 1.5:1 measured from base to top of the window frame.
(b)
The dormers must be symmetrically placed on the roof plane.
(c)
The total external width of the dormer including frames must not
exceed 1200mm (exclusive of eave overhangs and gutters) and the
eave and gable overhang must not exceed 100mm.
(d)
Glazing must not be used in the gable or sides of the dormer.
(e)
Roof materials must match the existing roof material and the roof pitch
must be between 32 degrees and 45 degrees.
(f)
The external side walls of the dormer are to be of timber
weatherboards of a profile and section consistent with the period and
style of the building.
(g)
The external joinery must be detailed in a manner appropriate to the
style and period of the building.
(h)
The architraves that cover the side walls and boxed window frames
should not exceed 150mm in width.
Details of the dormer (at a scale of 20:1) and of the weatherboard profile
must be submitted to and approved by Council’s Urban Design and Heritage
Manager prior to the issue of the Construction Certificate.
(42) LANDSCAPING OF THE SITE
(a)
A detailed landscape plan, drawn to scale, by a qualified landscape
architect or landscape designer, must be submitted to and approved by
Council’s Area Planning Manager prior to the issue of a Construction
Certificate for above ground building works. The plan must include:
(i)
Location of existing and proposed structures on the site including,
but not limited to, existing and proposed trees, paved areas,
planted areas on slab, planted areas in natural ground, lighting
and other features;
(ii)
Details of earthworks and soil depths including mounding and
retaining walls and planter boxes (if applicable). The minimum
soil depths for planting on slab must be 1000mm for trees,
450mm for shrubs and 200mm for groundcovers;
(iii)
Location, numbers, type and supply of plant species, with
reference to NATSPEC (if applicable);
(iv)
Details of planting procedure and maintenance;
(v)
Details of drainage, waterproofing and watering systems.
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192
(b)
Prior to the issue of a Construction Certificate, a maintenance plan is to
be submitted to and approved by the Principal Certifying Authority. The
maintenance plan is to be complied with during occupation of the
property.
(c)
All landscaping in the approved plan is to be completed prior to an
Occupation Certificate being issued.
(43) MECHANICAL VENTILATION
(a)
The premises must be ventilated in accordance with the Building Code
of Australia and AS1668.1 and AS1668.2.
(b)
Details of any mechanical ventilation and/or air conditioning system
complying with AS1668.1 and AS1668.2, the Building Code of Australia
and relevant Australian Standards must be prepared by a suitably
qualified person certified and certified in accordance with Clause
A2.2(a)(iii) of the Building Code of Australia, to the satisfaction of the
Certifying Authority prior to the issue of a Construction Certificate.
(c)
Prior to issue of an Occupation Certificate and following the completion,
installation, and testing of all the mechanical ventilation systems, a
Mechanical Ventilation Certificate of Completion and Performance in
accordance with Clause A2.2(a)(iii) of the Building Code of Australia,
must be submitted to the Principal Certifying Authority.
(44) MICROBIAL CONTROL IN WATER SYSTEMS
(a)
Prior to the issue of a Construction Certificate detailed plans of any
water cooling system (including cooling towers) as defined under the
Public Health Act 2010 must be prepared by a suitably qualified person
and certified in accordance with AS3666: 1: 2011 Air handling and
water systems of buildings – Microbial Control – Design, installation
and commissioning and must be submitted to and approved by
Council.
(b)
Water cooling system operation and maintenance manuals and
maintenance service records shall be readily available at the premises
for inspection by an authorised officer upon request. Such records
must be kept on the premises in accordance with Clause 2.6 to
AS/NZS 3666:2:2011 Air handling and water systems of buildings –
Microbial control, operation and maintenance.
(c)
The installation, operation and maintenance of warm water systems
and water cooling systems (as defined under the Public Health Act
2010) must comply with the following:
(i)
Public Health Act 2010, Public Health Regulation 2012 and Parts
1 and 2 (or part 3 if a Performance-based water cooling system)
of AS3666:2011 Air handling and water systems of buildings –
Microbial Control and the NSW Health Code of Practice for the
Control of Legionnaires Disease.
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(ii)
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Prior to the issue of an Occupation Certificate or if non
applicable, prior to commencement of the use, the owner or
occupier of the premises at which any warm water system and/or
water cooling system is installed must cause notice of such
installation(s) by providing to Council’s Environmental Health
department, written notification by way of the prescribed form
under Clause 12 to the Public Health Regulation 2012. Any
changes to these particulars must be notified to Council’s
Environmental Health department in writing within 7 days of the
change(s). Copies of the notification forms are available on the
City of Sydney website.
(45) BOUNDARY ALIGNMENT LEVELS
The boundary alignment levels must be 300mm above the relevant kerb
invert level within Pitt Street.
(46) ACOUSTIC PRIVACY BETWEEN UNITS
(a)
The development must be designed and constructed to satisfy the
requirements of the Sydney DCP 2012 acoustic privacy requirements.
A report prepared by a suitable qualified acoustic professional must be
prepared and submitted to the Certifying Authority prior to the issue of
a Construction Certificate, and must be suitably referenced in the
Construction Certificate documentation.
(b)
The report must:-
(c)
(i)
quantify the level of impact (noise at the exposed facades) from
the normal noise of the area on the development; and
(ii)
identify acoustic mitigation measures to be incorporated into the
building design to ensure compliance with the design goals
contained within the Sydney DCP 2012.
The Certifying Authority (PCA) must ensure that the acoustic mitigation
measures identified in the subject report are suitable incorporated into
the development as erected prior to the issue of an Occupation
Certificate.
(47) FLOOR TO CEILING HEIGHT
Prior to a Construction Certificate being issued, the Certifying Authority must
ensure that all living rooms and bedrooms in sole occupancy units must have
a minimum finished floor to ceiling height of not less than 2.7 metres.
(48) NUMBER OF ADULTS PER ROOM
(a)
No more than two adult people shall permanently occupy any bedroom
and no bedroom shall contain more than two beds. This excludes
children and children’s beds, cots or bassinets.
(b)
The total number of adults residing in one unit shall not exceed twice
the number of approved bedrooms.
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(49) REDUCTION OF NOISE FROM EXTERNAL SOURCES (RESIDENTIAL
AND SERVICED APARTMENTS)
(a)
Prior to a Construction Certificate being issued, an acoustic
assessment report prepared by a suitably qualified acoustic consultant
must be submitted to and approved by the Certifying Authority
demonstrating compliance with the requirements of the Sydney DCP
2012 in relation to acoustic privacy. The approved drawings and
specifications for construction are to be in accordance with the
requirements of the DCP.
(b)
In the preparation of the report:
(c)
(i)
The environmental noise monitoring at the site of the proposed
development must be undertaken for not less than 3 week days,
or not less than 2 weeks where the site is affected by noise from
part-time operations;
(ii)
The repeatable maximum LAeq (1 hour) for the daytime period
(0700-2200 hours) and for the night time period (2200-0700
hours) is to be identified, and
(iii)
The LAeq (1 hour) noise levels within living rooms and bedrooms
with windows and doors both open and closed must be shown.
Prior to an Occupation Certificate being issued, a Compliance
Certificate from a qualified, practicing acoustic engineer must be
submitted to the satisfaction of the Principal Certifying Authority,
certifying compliance with the condition.
(50) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC
PLACE
(a)
A separate application under Section 138 of the Roads Act 1993 is to
be made to Council to erect a hoarding and/or scaffolding (temporary
structures) in a public place.
(b)
Where a consent is granted allowing the placement of temporary
structures in a public place the structures must comply fully with
Council’s Policy for the Design of Construction Hoardings and the
conditions of any consent granted including:
(i)
maintaining a current and valid consent for the full duration that
the temporary structures are installed in the public place (Section
139, Roads Act 1993);
(ii)
bill posters and graffiti being removed within 24 hours of their
placement (Clause 3.1);
(iii)
maintaining temporary structures in a clean and tidy condition
including repainting where directed by an authorised officer of
Council (Clause 3.1);
(iv)
hoarding site fences complying with Clause 3.3 - Element 3;
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(v)
site sheds on decks of Type B hoardings being fully screened
from the public place (Clause 3.3 - Element 5); and
(vi)
providing and maintaining operational artificial lighting systems
under Type B hoardings (Clause 3.3 – Element 9).
(51) BARRICADE PERMIT
Where construction/building works require the use of a public place including
a road or footpath, approval under Section 138 of the Roads Act 1993 for a
Barricade Permit is to be obtained from Council prior to the commencement
of work. Details of the barricade construction, area of enclosure and period
of work are required to be submitted to the satisfaction of Council.
(52) LOT CONSOLIDATION
All land titles within the site must be consolidated into one lot. A plan of
consolidation must be registered with the Land and Property Information
Division of the Department of Lands, prior to an Occupation Certificate being
issued.
(53) ELECTRICITY SUBSTATION
If required by the applicable energy supplier, the owner must dedicate to the
applicable energy supplier, free of cost, an area of land within the
development site, but not in any landscaped area or in any area visible from
the public domain, to enable an electricity substation to be installed. The
size and location of the substation is to be submitted for approval of Council
and Energy Australia, prior to a Construction Certificate being issued or the
commencement of the use, whichever is earlier.
(54) TELECOMMUNICATIONS PROVISIONS
(a)
Appropriate space and access for ducting and cabling is to be provided
within the plant area and to each apartment within the building within
for a minimum of three telecommunication carriers or other providers of
broad-band access by ground or satellite delivery. The details must be
submitted for the approval of the Certifying Authority prior to a
Construction Certificate being issued.
(b)
A separate DA must be submitted prior to the installation of any
external telecommunication apparatus, or the like.
(55) UTILITY SERVICES
To ensure that utility authorities are advised of the development:
(a)
Prior to the issue of a Construction Certificate a survey is to be carried
out of all utility services within and adjacent to the site including
relevant information from utility authorities and excavation if necessary,
to determine the position and level of services.
Monday 23 February 2015
(b)
196
Prior to the commencement of work the applicant is to obtain written
approval from the utility authorities (e.g. Energy Australia, Sydney
Water, and Telecommunications Carriers) in connection with the
relocation and/or adjustment of the services affected by the
construction of the underground structure. Any costs in the relocation,
adjustment or support of services are to be the responsibility of the
developer.
(56) WASTE AND RECYCLING MANAGEMENT - RESIDENTIAL
(a)
The Waste Management Plan accompanying this Development
Application has not been approved by this consent.
(b)
A Waste Management Plan is to be submitted to and approved by
Council’s Area Planning Manager prior to a Construction Certificate
being issued. The plan must comply with the Council's Policy for Waste
Minimisation in New Developments 2005. All requirements of the
approved Waste Management Plan must be implemented during
construction of the development.
(c)
The building must incorporate designated areas or separate garbage
rooms constructed in accordance with Council’s Policy for Waste
Minimisation in New Developments 2005, to facilitate the separation of
commercial waste and recycling from residential waste and recycling.
UPON COMPLETION OF THE DEVELOPMENT
(d)
Prior to an Occupation Certificate being issued or the use commencing,
whichever is earlier, the Principal Certifying Authority must obtain
Council’s approval of the waste and recycling management facilities
provided in the development and ensure arrangements are in place for
domestic waste collection by Council.
(57) STORMWATER AND DRAINAGE - MAJOR DEVELOPMENT
(a)
Prior to a Construction Certificate being issued for any excavation, civil
construction, drainage or building work (whichever is earlier), excluding
approved preparatory or demolition work, details of the proposed
stormwater disposal and drainage from the development including a
system of on-site stormwater detention in accordance with Council’s
standard requirements and details of the provision and maintenance of
overland flow paths must be submitted to and approved by Council. All
approved details for the disposal of stormwater and drainage are to be
implemented in the development.
(b)
The requirements of Sydney Water with regard to the on site detention
of stormwater must be ascertained and complied with. Evidence of the
approval of Sydney Water to the on-site detention must be submitted
prior to a Construction Certificate being issued excluding any approved
preparatory, demolition or excavation works.
(c)
Prior to the issue of any Occupation Certificate, a Positive Covenant
must be registered on the title for all drainage systems involving OnSite Detention (OSD) to ensure maintenance of the approved OSD
system regardless of the method of connection.
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Monday 23 February 2015
(d)
Any proposed connection to the Council's underground drainage
system will require the owner to enter into a Deed of Agreement with
the Council and obtain registration on Title of a Positive Covenant prior
to Construction Certificate being issued for public domain works or
above ground building works, whichever is earlier, and prior to the
commencement of any work within the public way.
(e)
An "Application for Approval of Stormwater Drainage Connections"
must be submitted to the Council with the appropriate fee at the time of
lodgement of the proposal for connection of stormwater to the Council's
drainage system.
Prior to a Construction Certificate being issued for any excavation, civil
construction, drainage or building work (whichever is earlier), but excluding
approved preparatory or demolition work, a stormwater quality assessment
must be undertaken by a suitably qualified drainage engineer and must be
approved by Council, demonstrating how the development will be designed
to ensure that the flow of post-development pollutants from the site due to
stormwater will be reduced.
(58) ALIGNMENT LEVELS – MAJOR DEVELOPMENT
(a)
Proposed building floor levels, basement levels, basement car park
entry levels and ground levels shown on the approved Development
Application plans are indicative only and have not been approved by
this consent.
(b)
Prior to a Construction Certificate being issued for any excavation, civil
construction, drainage or building work (whichever is earlier), excluding
approved preparatory or demolition work, alignment levels for the
building and site frontages must be submitted to and approved by
Council. The submission must be prepared by a Registered Surveyor,
must be in accordance with the City of Sydney's Public Domain Manual
and must be submitted with a completed Alignment Levels checklist
(available in the Public Domain Manual) and Footpath Levels and
Gradients Approval Application form (available on the City’s website).
(c)
These alignment levels, as approved by Council, are to be incorporated
into the plans submitted with the application for a Construction
Certificate for any civil, drainage and public domain work as applicable
under this consent. If the proposed detailed design of the public domain
requires changes to any previously approved Alignment Levels, then
an amended Alignment Levels submission must be submitted to and
approved by Council to reflect these changes prior to a Construction
Certificate being issued for public domain work.
(59) PRESERVATION OF SURVEY MARKS
All works in City streets must ensure the preservation of existing permanent
survey marks (a brass bolt, or a lead plug holding a brass tack, covered by a
cast iron box). At least forty-eight hours prior to the commencement of any
works in the public way within 1 metre of a permanent survey mark contact
must be made with the City's Project Manager Survey / Design Services to
arrange for the recovery of the mark.
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198
Prior to the issue of a Construction Certificate, a survey plan, clearly showing
the location of all permanent survey marks fronting the site and within 5
metres on each side of the frontages must be submitted to Council.
At least forty-eight hours prior to the commencement of any works in the
public way within 1 metre of a permanent survey mark contact must be made
with the City’s Senior Surveyor to arrange for the recovery of the mark.
A fee must be paid to the Council for the replacement of any permanent
survey mark removed or damaged in accordance with the City's Schedule of
Fees and Charges (Reinstatement of Survey Box).
(60) PROTECTION OF SURVEY INFRASTRUCTURE
Prior to the commencement of any work on site, a statement prepared by a
Surveyor registered under the Surveying Act 2002 must be submitted to
Council verifying that a survey has been carried out in accordance with the
Surveyor General’s Direction No. 11 – Reservation of Survey Infrastructure.
Any Permanent Marks proposed to be or have been destroyed must be
replaced, and a "Plan of Survey Information" must be lodged at the Land and
Property Management Authority.
Reason: To ensure that the survey control infrastructure and cadastral
framework are preserved for the public benefit and in accordance with the
Surveying Act 2002.
(61) PUBLIC DOMAIN PLAN - MODIFICATIONS
The Public Domain Plan accompanying this Development Application has not
been approved by this consent.
(a)
(b)
An amended, detailed Public Domain Plan must be prepared by an
architect, urban designer, landscape architect or engineer to document
all works required to ensure that the public domain complies with the
City of Sydney’s Public Domain Manual, Sydney Streets Design Code
and Sydney Streets Technical Specification, including road pavement,
traffic measures, footway pavement, kerb and gutter, drainage, vehicle
crossovers, pedestrian ramps, lighting, street trees and landscaping,
signage and other public domain elements. The plan must be
submitted with a completed Public Domain Plan checklist (available in
the City of Sydney’s Public Domain Manual) and must show the
following information as a minimum:
(i)
Street trees proposed and existing
(ii)
Driveways to be removed
(iii)
Continuation of landscaped verge
(iv)
Street signage to be retained and removed
The Public Domain Plan must be lodged with Council’s Public Domain
Section and be approved by Council prior to a Construction Certificate
being issued for public domain work or above ground building work,
whichever is later.
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(c)
The Public Domain Plan must be prepared in accordance with the City
of Sydney’s Public Domain Manual and Sydney Streets Technical
Specification. If an Alignment Levels condition applies to the
development, the Public Domain Plan submission must incorporate the
approved Alignment Levels. If the proposed detailed design of the
public domain requires changes to any previously approved Alignment
Levels, then an amended Alignment Levels submission must be
submitted to and approved by Council to reflect these changes prior to
a Construction Certificate being issued for public domain work.
(d)
The works to the public domain are to be completed in accordance with
the approved Public Domain Plan and Alignment Levels plans and the
Public Domain Manual before any Occupation Certificate is issued in
respect of the development or before the use commences, whichever is
earlier.
(e)
A Public Domain Works Deposit will be required for the public domain
works, in accordance with the City of Sydney’s adopted fees and
charges and the Public Domain Manual. The Public Domain Works
Deposit must be submitted as an unconditional bank guarantee in
favour of Council as security for completion of the obligations under this
consent.
Council's Public Domain section must be contacted to determine the
guarantee amount prior to lodgement of the guarantee. The guarantee must
be lodged with Council prior to a Road Opening Permit for works on the
public way being issued.
The Bank Guarantee will be retained in full until all Public Domain works are
completed and the required certifications, warranties and works-as-executed
documentation are submitted and approved by Council in writing. On
satisfying the above requirements, 90% of the total securities will be
released. The remaining 10% will be retained for the duration of the specified
Defects Liability Period.
(62) PUBLIC DOMAIN WORKS - HOLD POINTS AND HANDOVER
(a)
Prior to a Construction Certificate being issued for public domain work,
including civil, drainage and subsurface works, , a set of hold points for
approved public domain, civil and drainage work is to be determined
with and approved by the City's Public Domain section in accordance
with the City of Sydney's Public Domain Manual and Sydney Streets
Technical Specification.
(b)
Prior to a Certificate of Completion being issued for public domain
works and before the issue of any Occupation Certificate for the
development or before the use commences, whichever is earlier,
electronic works-as-executed (as-built) plans and documentation,
certified by a suitably qualified, independent professional must be
submitted to and accepted by Council for all public domain works.
Completion and handover of the constructed public domain works must
be undertaken in accordance with the City of Sydney's Public Domain
Manual and Sydney Streets Technical Specification, including
requirements for as-built documentation, certification, warranties and
the defects liability period.
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200
(63) DEFECTS LIABILITY PERIOD – PUBLIC DOMAIN WORKS
All works to the City’s public domain, including rectification of identified
defects, are subject to a 12 month defects liability period from the date of
final completion. The date of final completion will be nominated by Council
on the Certificate of Completion for public domain works.
(64) DRAINAGE AND SERVICE PIT LIDS
Drainage and service pit lids throughout the public domain shall be heelguard
and bicycle safe, finish flush with the adjacent pavement to avoid trip hazards
and be clear of obstructions for easy opening and cleaning. Pit lids shall be in
accordance with the City of Sydney’s Sydney Streets Design Code and
Sydney Streets Technical Specification. Details of drainage and service pit
lids shall be submitted and approved by Council prior to a Construction
Certificate being issued for the relevant stage of work.
(65) PUBLIC DOMAIN DAMAGE DEPOSIT
A Public Domain Damage Deposit calculated on the basis of 18 lineal metres
of asphalt site frontage must be lodged with Council in accordance with the
City of Sydney’s adopted Schedule of Fees and Charges. The Public Domain
Damage Deposit must be submitted as an unconditional bank guarantee in
favour of Council as security for repairing any damage to the public domain
in the vicinity of the site.
The guarantee must be lodged with Council prior to an approval for
demolition being granted or a Construction Certificate being issued,
whichever is earlier.
The Bank Guarantee will be retained in full until the final Occupation
Certificate has been issued and any rectification works to the footway and
Public Domain are completed to Council’s satisfaction. On satisfying the
above requirements 90% of the total securities will be released, with the
remaining 10% to be retained for the duration of the 12 months Defect
Liability Period.
(66) TREES THAT MUST BE RETAINED
(a)
Approval is NOT granted for the removal of the following trees, which
Council has determined to be prominent landscape elements.
(b)
Table 1 – Tree Retention
Tree
No:
1
Botanical / Common Name
Platanus x hybrida (Plane tree)
(67) TREE ROOT PROTECTION
(a)
Structural Root Zone (SRZ) Schedule
Location
Street tree
201
Tree
No:
1
Botanic / Common Name
Platanus x hybrida (Plane tree)
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Tree Location
SRZ (m)
from Trunk
Street tree
2.7 metres
(b)
Excavation (except for localised footing) must not occur within the SRZ.
If excavation is proposed within this zone, the Council’s Street Tree
Coordinator must be contacted immediately and the excavation must
be carried out in accordance with Council’s direction.
(c)
[Without prejudice to clause (a) above] any excavations within the SRZ
must be undertaken using non-destructive methods (such as by hand
or with an Airspade) to ensure no tree roots greater than 40mm
diameter are damaged, pruned or removed.
(d)
Footings shall be relocated / realigned if any tree root greater than
40mm in diameter is encounter during excavations. A minimum of
150mm clearance shall be provided between the tree root and footing.
(e)
All excavations located within the TPZ must be supervised by a
qualified Consultant Arborist, who holds the Diploma in Horticulture
(Arboriculture), Level 5 under the Australian Qualification Framework.
(f)
All approved root pruning must be undertaken by a qualified Arborist
with a minimum AQF level 3.
(68) SERVICES
(a)
Any trenching works for services / hydraulics / drainage etc must not be
undertaken within a Tree Protection Zone (TPZ), and be referred to the
Site Arborist with regard to tree protection, prior to commencement of
any works.
(b)
Alternative installation methods for services, such as directional
boring/drilling, or redirection of services shall be employed where large
woody roots greater than 40mm diameter are encountered during the
installation of any services adjacent to the specified TPZ.
(69) STREET TREE PROTECTION
Street trees must be protected in accordance with the Australian Standard
4970 Protection of Trees on Development Sites. All street trees must be
protected during the construction works as follows:
(a)
Tree trunk protection shall be undertaken prior to the issuing of the
Construction Certificate. The protection shall be installed by a qualified
Arborist (AQF 2 or 3) and must include;
(i)
An adequate clearance, minimum 250mm, must be provided
between the structure and tree branches, limbs and trunk at all
times,
(ii)
Tree trunk/s must be protected by wrapped hessian or similar
material to limit damage, and
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202
(iii)
Timber planks (50mm x 100mm or similar) shall be placed around
tree trunk/s. The timber planks shall be spaced at 100mm
intervals, and must be fixed against the trunk with tie wire, or
strapping. The hessian and timber planks must not be fixed to the
tree in any instance, or in any fashion.
(iv)
Tree trunk protection is to remain in place for the duration of
construction and development works, and shall be removed at
the completion of the project.
(b)
All hoarding support columns are to be placed a minimum of 300mm
from the edge of the existing tree pits/setts, so that no sinking or
damage occurs to the existing tree setts. Supporting columns must not
be placed on any tree roots that are exposed.
(c)
Materials or goods, including site sheds, must not be stored or placed:
(d)
(i)
Around or under the tree canopy; or
(ii)
Within two (2) metres of the trunks or branches of any street
trees.
Any damage sustained to street tree/s as a result of the erection of
hoardings, scaffolding, or due to the loading/unloading of vehicles
adjacent the site, must be immediately reported to the Council’s Street
Tree Contract Coordinator on 9265 9333, in order to determine the
appropriate action for maintaining the health and structural integrity of
any damaged street tree.
(70) STREET TREE PRUNING
(a)
The consent from Council must be obtained prior to the undertaking of
any street tree pruning works including tree roots greater than 40mm
diameter. Only minor pruning works will be approved by Council.
(b)
Any pruning that is required to accommodate hoardings, scaffolding, or
to accommodate the loading/unloading of vehicles, and has been
approved by Council shall be carried out by a qualified Arborist (AQF3),
and must be in accordance with AS4373 Australian Standards ‘Pruning
of Amenity Trees’.
(71) SITE SUPERVISION AND REPORTING
(a)
An Arborist with minimum qualifications in Arboriculture of Level 5
(under the Australian Qualification Framework) must oversee various
stages of work within the Tree Protection Zone in accordance with
Australian Standard 4970 Protection of Trees on Development Sites.
The Arborist must certify compliance with each key milestone detailed
below:
(i)
The Arborist must certify the installation of the tree protection
measures to Council and the Principal Certifying Authority prior to
the issuing of a construction certificate;
(ii)
During any excavation and trenching within the Structural Root
Zone.
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(b)
Monday 23 February 2015
A final compliance report shall be submitted to Council which provides
details on the health and structure of tree to be retained and protected
and must include:
(i)
Certification of compliance with each key milestone
(ii)
Details of any other works undertaken on any tree to be retained
or within TPZ/s
(iii)
Documentary evidence of compliance with tree protection and
measures (including photographs and site notes).
(72) ADVANCED TREE PLANTING
Tree planting within the property must be undertaken in accordance with the
following conditions, and to Council’s satisfaction, prior to the issuing of the
occupancy certificate;
(a)
A minimum of three (3) trees are to be planted within the site at the
completion of all construction works
(b)
The tree species, when mature, must attain a minimum height of no
less than eight (8) metres. Palms, fruit trees and species recognised to
have a short life span are not considered a suitable replacement.
(c)
The tree must be grown to NATSPEC Guidelines for Specifying Trees
to ensure quality trees and more successful establishment
(d)
At the time of planting, the container size is to be a minimum of 75 litres
and a minimum height of 2.2 metres.
(e)
The tree must be planted by a qualified Horticulturalist or Arborist of
Level 2 under the Australian Qualifications Framework (AQF).
(f)
The replacement planting/s must be planted in such a manner as to
promote good health during the establishment period, and must be
maintained, as far as practicable to ensure tree growth into maturity.
(g)
Any newly planted tree that fails to establish within 2 years of the initial
planting date must be replaced with a tree of comparable qualities.
(h)
Upon receipt and acceptance that all replacement tree planting/s have
been completed to Council’s Tree Management team’s satisfaction, an
occupancy certificate will be issued.
SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(73) OCCUPATION CERTIFICATE TO BE SUBMITTED
An Occupation Certificate must be obtained from the Principal Certifying
Authority and a copy submitted to Council prior to commencement of
occupation or use of the whole or any part of a new building, an altered
portion of, or an extension to an existing building.
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204
(74) HOURS OF WORK AND NOISE – OUTSIDE CBD
The hours of construction and work on the development must be as follows:
(a)
All work, including building/demolition and excavation work, and
activities in the vicinity of the site generating noise associated with
preparation for the commencement of work (eg. loading and unloading
of goods, transferring of tools etc) in connection with the proposed
development must only be carried out between the hours of 7.30am
and 5.30pm on Mondays to Fridays, inclusive, and 7.30am and 3.30pm
on Saturdays, with safety inspections being permitted at 7.00am on
work days, and no work must be carried out on Sundays or public
holidays.
(b)
All work, including demolition, excavation and building work must
comply with the City of Sydney Code of Practice for Construction
Hours/Noise 1992 and Australian Standard 2436 - 1981 Guide to Noise
Control on Construction, Maintenance and Demolition Sites.
Note: The City of Sydney Code of Practice for Construction Hours/Noise
1992 allows extended working hours subject to the approval of an application
in accordance with the Code and under Section 96 of the Environmental
Planning and Assessment Act 1979.
(75) NOTIFICATION OF EXCAVATION WORKS OR USE OF HIGH NOISE
EMISSION APPLIANCES/PLANT
The immediately adjoining neighbours must be given a minimum of 48 hours
notice that excavation, shoring or underpinning works or use of high noise
emission appliances / plant are about to commence.
(76) SITE NOTICE OF PROJECTS DETAILS AND APPROVALS
A site notice is to be prominently displayed at the boundary to each frontage
of the site for the purposes of informing the public of appropriate project
details and relevant approvals. The notice(s) is to satisfy all of the following
requirements:
(a)
Minimum dimensions of the notice are to measure 841mm x 594mm
(A1) with any text on the notice to be a minimum of 30 point type size;
(b)
The notice is to be durable and weatherproof and is to be displayed
throughout the construction period;
(c)
A copy of the first page of the development approval, building approval
(including any modifications to those approvals) and any civic works
approvals is to be posted alongside the notice in weatherproof casing;
(d)
The approved hours of work, the Principal Certifying Authority including
contact address and certification details, the name of the site manager,
the responsible managing company, its address and 24 hour contact
phone number for any enquiries, including construction/noise
complaint, are to be displayed on the site notice;
(e)
The notice(s) is to be mounted at eye level on the perimeter hoardings
and is also to state that unauthorised entry to the site is not permitted.
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Monday 23 February 2015
(77) ENCROACHMENTS – NEIGHBOURING PROPERTIES
No portion of the proposed structure shall encroach onto the adjoining
properties.
(78) ENCROACHMENTS – PUBLIC WAY
No portion of the proposed structure, including gates and doors during
opening and closing operations, shall encroach upon Council’s footpath area.
(79) SURVEY CERTIFICATE AT COMPLETION
A Survey Certificate prepared by a Registered Surveyor must be submitted
at the completion of the building work certifying the location of the building in
relation to the boundaries of the allotment.
(80) COVERING OF LOADS
All vehicles involved in the excavation and/or demolition process and
departing the property with demolition materials, spoil or loose matter must
have their loads fully covered before entering the public roadway.
(81) EROSION AND SEDIMENT CONTROL
The Soil and Water Management Plan (SWMP) or Erosion and Sediment
Control Plan (ESCP) which has been approved by the Principal Certifying
Authority must be implemented in full during the construction period.
During the construction period:
(a)
erosion and sediment controls must be regularly inspected, repaired
and maintained in working order sufficient for a 10 year Average
Recurrence Interval (ARI) rainfall event;
(b)
erosion and sediment control signage available from Council must be
completed and attached to the most prominent structure visible at all
times when entering the site for the duration of construction; and
(c)
building operations and stockpiles must not be located on the public
footway or any other locations which could lead to the discharge of
materials into the stormwater system.
(82) HAZARDOUS AND INDUSTRIAL WASTE
Hazardous and/or industrial waste arising from the demolition/operational
activities must be removed and/or transported in accordance with the
requirements of the NSW Work Cover Authority pursuant to the provisions of
the following:
(a)
Protection of the Environment Operations Act 1997
(b)
Protection of the Environment Operations (Waste) Regulation 2005
(c)
Waste Avoidance and Resource Recovery Act 2001
(d)
Work Health and Safety Act 2011
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(e)
206
Work Health and Safety Regulation 2011.
(83) VEHICLE CLEANSING
Prior to the commencement of work, suitable measures are to be
implemented to ensure that sediment and other materials are not tracked
onto the roadway by vehicles leaving the site. It is an offence to allow, permit
or cause materials to pollute or be placed in a position from which they may
pollute waters.
(84) STREET NUMBERING – MAJOR DEVELOPMENT
Prior to an Occupation Certificate being issued, street numbers and the
building name must be clearly displayed in accordance with the Policy on
Numbering of Premises within the City of Sydney. If new street numbers or a
change to street numbers is required, a separate application must be made
to Council.
(85) SYDNEY WATER CERTIFICATE
A Section 73 Compliance Certificate under the Sydney Water Act 1994 must
be obtained from Sydney Water Corporation.
Application must be made through an authorised Water Servicing
Coordinator. Please refer to the Building Developing and Plumbing section
on the web site www.sydneywater.com.au then refer to “Water Servicing
Coordinator” under “Developing Your Land” or telephone 13 20 92 for
assistance.
Following application a “Notice of Requirements” will advise of water and
sewer infrastructure to be built and charges to be paid. Please make early
contact with the Coordinator, since building of water/sewer infrastructure can
be time consuming and may impact on other services and building, driveway
or landscape design.
The Section 73 Certificate must be submitted to Council or the Principal
Certifying Authority prior to an Occupation Certificate or subdivision/strata
certificate being issued.
(86) LOADING AND UNLOADING DURING CONSTRUCTION
The following requirements apply:
(a)
All loading and unloading associated with construction activity must be
accommodated on site.
(b)
If, during excavation, it is not feasible for loading and unloading to take
place on site, a Works Zone on the street may be considered by
Council.
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Monday 23 February 2015
(c)
A Works Zone may be required if loading and unloading is not possible
on site. If a Works Zone is warranted an application must be made to
Council at least 8 weeks prior to commencement of work on the site.
An approval for a Works Zone may be given for a specific period and
certain hours of the days to meet the particular need for the site for
such facilities at various stages of construction. The approval will be
reviewed periodically for any adjustment necessitated by the progress
of the construction activities.
(d)
In addition to any approved construction zone, provision must be made
for loading and unloading to be accommodated on site once the
development has reached ground level.
(e)
The structural design of the building must allow the basement and/or
the ground floor to be used as a loading and unloading area for the
construction of the remainder of the development.
(f)
Where hoisting activity over the public place is proposed to be
undertaken including hoisting from a Works Zone, a separate approval
under Section 68 of the Local Government Act 1993 must be obtained.
(87) NO OBSTRUCTION OF PUBLIC WAY
The public way must not be obstructed by any materials, vehicles, refuse,
skips or the like, under any circumstances. Non-compliance with this
requirement will result in the issue of a notice by Council to stop all work on
site.
(88) USE OF MOBILE CRANES
The following requirements apply:
(a)
Mobile cranes operating from the road must not be used as a method
of demolishing or constructing a building.
(b)
For special operations including the delivery of materials, hoisting of
plant and equipment and erection and dismantling of on site tower
cranes which warrant the on-street use of mobile cranes, permits must
be obtained from Council for the use of a mobile crane. The permits
must be obtained 48 hours beforehand for partial road closures which,
in the opinion of Council will create minimal traffic disruptions and 4
weeks beforehand in the case of full road closures and partial road
closures which, in the opinion of Council, will create significant traffic
disruptions.
(c)
Special operations and the use of mobile cranes must comply with the
approved hours of construction. Mobile cranes must not be delivered
to the site prior to 7.30am without the prior approval of Council.
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208
(89) USE OF HIGH NOISE EMISSION APPLIANCES / PLANT
(a)
The operation of high noise emission appliances, plant and/or
machinery such as pile – drivers, rock breakers and hydraulic hammers
and those which are not listed in Groups B, C, D, E or F of Schedule 1
of the City of Sydney Code of Practice for Construction Hours/Noise
1992 and Australian Standard 2436-2010 Guide to Noise Control on
Construction, Maintenance and Demolition Sites is restricted to the
hours of 9am to 12pm and 1pm to 5pm Mondays to Fridays and 9am to
1pm Saturdays.
(b)
All reasonable and feasible steps must be undertaken to ensure that
the work, including demolition, excavation and building complies with
the City of Sydney Code of Practice for Construction Hours/Noise 1992
and Australian Standard 2436- 2010 Guide to Noise Control on
Construction, Maintenance and Demolition Sites.
(90) CONNECTION TO SEWERS OF SYDNEY WATER CORPORATION
Waste water arising from the use must be directed to the sewers of the
Sydney Water Corporation (SWC) under a Trade Waste License Agreement.
The pre-treatment of wastewater may be a requirement of the Corporation
prior to discharge to the sewer. Details of the Corporation’s requirements
should be obtained prior to the commencement of construction work.
SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental Planning
and Assessment Regulation 2000 apply to the development.
Speakers
Ms Lorraine Foster and Mr Jeff Mead addressed the meeting of the Planning and
Development Committee (Development Assessment Sub-Committee) on Item 9.9.
ITEM 9.10
DEVELOPMENT
(D/2014/660)
APPLICATION:
1-5
FLINDERS
STREET
SURRY
HILLS
It is resolved that consent be granted to Development Application No. D/2014/660,
subject to the conditions as detailed in the assessment report prepared by Smith &
Tzannes, shown at Attachment A to the subject report.
At the meeting of Council, it was moved by Councillor Mant, seconded by Councillor
Kemmis –
That the recommendation of the Planning and Development Committee be adopted.
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Monday 23 February 2015
The motion was carried on the following show of hands –
Ayes (8)
The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant, Scott and
Vithoulkas
Noes (2)
Councillors Forster and Mandla.
Motion carried.
The motion, as adopted by Council, is as follows:
It is resolved that consent be granted to Development Application No. D/2014/660,
subject to the following conditions:
SCHEDULE 1A
Approved Development/Design Modifications/Covenants and Contributions/Use
and Operation
Note: Some conditions in Schedule 1A are to be satisfied prior to issue of a Construction
Certificate and some are to be satisfied prior to issue of Occupation Certificate, where
indicated.
(1)
APPROVED DEVELOPMENT
(a)
Development must be in accordance with Development Application No.
D/2014/660 dated 14 May 2014 and the following drawings:
Drawing
Number
Architect
Date
DA-02 Rev. D
Hassell
29 April 2014
DA-03 Rev. D
Hassell
29 April 2014
DA-04 Rev. D
Hassell
29 April 2014
DA-05 Rev. D
Hassell
29 April 2014
DA-06 Rev. D
Hassell
29 April 2014
DA-07 Rev. E
Hassell
29 April 2014
DA-08 Rev. D
Hassell
29 April 2014
DA-09 Rev. D
Hassell
29 April 2014
DA-10 Rev. D
Hassell
29 April 2014
DA-11 Rev. D
Hassell
29 April 2014
DA-12 Rev. D
Hassell
29 April 2014
DA-20 Rev. D
Hassell
29 April 2014
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210
Drawing
Number
Architect
Date
External
Materials Board
Rev. C
Hassell
29 April 2014
and as amended by the conditions of this consent.
(b)
(2)
In the event of any inconsistency between the approved plans and
supplementary documentation, the plans will prevail.
DESIGN MODIFICATIONS
The design of the building must be modified as follows:
(a)
The mechanical exhaust flues located at the rooftop level of the
building is not approved in the form shown. All mechanical exhaust is to
be redesigned so that it is consolidated into one area, and is not
prominent in the streetscape. The flue/s should be more fully integrated
into the design of the building and should not be made a specific
feature of the building; and
(b)
The staff lockers at basement level are to be relocated within the
building to an appropriate area where access cannot be granted to
members of the general public.
The modifications are to be submitted to and approved by the Director,
Planning, Development and Transport prior to the issue of a Construction
Certificate.
(3)
FOOTWAY SEATING NOT APPROVED
The use of the footway to Bourke Street for outdoor seating is not approved
as part of this application. It is subject to a separate Footway Application to
Council under section 125 of the Roads Act 1993.
(4)
USE OF ROOF DECK AND EVENTS TO BE HELD IN ASSOCIATION
WITH THE PREMISES NOT APPROVED AS PART OF THIS CONSENT
The use of the roof deck and all other events being held in association with
the premises are not approved as part of this consent. A separate
Development Application (and associated plan of management) for the use
of the deck and any events to be held in association with the premises must
be submitted to and approved by Council prior to the use commencing, or
events being held.
(5)
HOURS OF USE, MAXIMUM CAPACITY AND PERMITTED USES
The hours of operation are regulated as follows:
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Cafe at Ground Floor
(a)
The internal hours of operation for the ground floor cafe are between
8.00am and 10.30pm Sunday to Thursday, and 8.00am to 11.00pm,
Friday and Saturday.
(b)
Notwithstanding (a) above, the cafe may operate internally between
6.30am and 8.00am Monday to Sunday; and between 10.30pm and
12.00 Midnight, Friday and Saturday for a trial period of 1 year from the
date of issue of an Occupation Certificate. Council’s Health and
Building Unit is to be informed in writing of the date of commencement
of the trial hours. Email notification is to be sent to
[email protected]
(c)
A further application may be lodged to continue the operating hours
outlined in (b) above not less than 30 days before the end of the trial
period. Council’s consideration of a proposed continuation and/or
extension of the hours permitted by the trial will be based on, among
other things, the performance of the operator in relation to the
compliance with development consent conditions, any substantiated
complaints received and any views expressed by the Police.
(d)
The maximum capacity of the cafe is to be 50 patrons internally. Prior
to the cafe use commencing, the applicant is to provide specific
evidence and certification that the number and design of the toilet
facilities complies with the requirements of the Building Code of
Australia.
Retail
(e)
The retail component of the premises (bike hire/sales/maintenance) is
to operate from 7:30am to 6:30pm, seven days a week.
(f)
Bicycle maintenance classes may occur in the basement between the
hours of 6:30pm and 10.00pm. These classes are to accommodate for
no more than 15 people at any one time.
Office/Workspace at level 1
(g)
(6)
The office is to operate from 7.30am to 10.00pm, seven days a week.
PLAN OF MANAGEMENT
(a)
The use must always be operated / managed in accordance with the
Plan of Management ‘Bike and Community Hub’, not dated; and be
updated to remove any reference to events and the use of the roof
deck; and include the approved hours and capacity specified in
Condition 6 – Hours of Use, Maximum Capacity and Permitted Uses.
The updated plan of management is to be submitted to, and approved
by the Director, City Planning, Development and Transport prior to the
commencement of trading hours approved under this development
consent.
(b)
In the event of any inconsistency, the conditions of this consent will
prevail over the Plan of Management.
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212
(c)
Where changes will, in the Council’s opinion, result in demonstrable
improvement in amenity to the locality or to the management of the
premises the plan of management may be amended as agreed to in
writing by Council.
(d)
A copy of the approved Plan of Management and this development
consent must be kept on site and made available to any Council or
Police officer upon request.
(e)
Access to the Incident Register and register of complaints must be
made available for viewing on the request of Council officers and/or the
Police.
(f)
The licensee/manager shall sign a declaration stating that they have
read and understood the Plan of Management. This declaration shall
accompany the POM.
LICENSED PREMISES – PRIMARY PURPOSE
The primary purpose of the ground floor of the premises is as a café with the
kitchen to be open and substantial food service to be available to patrons at
all times during the approved hours of operation. The sale and supply of
liquor shall cease when the kitchen ceases to operate, and all patrons are to
have an allocated seat.
(8)
(9)
NEIGHBOURHOOD AMENITY
(a)
Signs must be placed in clearly visible positions within the cafe
requesting patrons upon leaving the premises to do so quickly and
quietly, having regard to maintaining the amenity of the area. The
signage shall be in bold letters not less than 25mm in height on a
contrasting background.
(b)
The management/licensee must ensure that the behaviour of patrons
entering and leaving the premises does not detrimentally affect the
amenity of the neighbourhood.
SURVEILLANCE CAMERAS
(a)
(b)
CCTV surveillance cameras shall be strategically installed, operated
and maintained throughout the premises with particular coverage to:
(i)
principal entrance/s and exits;
(ii)
all areas within the premise occupied by the public (excluding
toilets);
(iii)
staircases in multilevel premises; and
(iv)
the area within a 10m radius external to the public entrance(s) to
the premise.
Suitable and clearly visible signage shall be displayed at the principal
entrance(s) to the premise and in a prominent position on each floor
accessible to the public, in lettering not less than 50mm in height with
the words “Closed Circuit Television in use on these premises”.
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(c)
All CCTV recording equipment and cameras shall be of high grade
digital quality capable of establishing the population and identification
of patrons, offenders and incidents within the depth of field view of the
cameras. In this respect each surveillance camera shall be capable of
recording a minimum rate of 10 frames per second and at high
resolution.
(d)
CCTV recording discs or hard drive recordings shall be retained for 28
days before being re-used, destroyed or deleted. Time and date shall
be auto recorded on the disc or hard drive. The CCTV recording
equipment shall be capable of reproducing a CD, DVD or other
appropriate digital copy of recorded footage on demand of Council or
Police Officers either immediately or within 12 hours of the request
being made. Copy discs must be handed to Council, Police Officer or
Special Inspectors as required.
(e)
All CCTV recording devices and cameras shall be checked daily to
ensure the equipment is operating correctly. The Licensee shall record
this daily checking activity in the security/incident register book that
meets the standards required by the Licensing Police and Council. If it
is discovered at any time that the equipment is not in full operating
order all reasonable steps must be taken to repair the system as soon
as practicable. Where the system will not be functioning in full
operating order for a period of longer than 24 hours the
manager/licensee is to notify the relevant Local Area Commander of
the NSW Police.
(f)
All CCTV recording devices and cameras shall be operated at all times
when the premises are open to the public and, where premises do not
operate 24 hours a day, continuously for at least 1 hour prior to
opening and closing times of the premises.
(g)
The CCTV recording device shall be secured within the premises and
only be accessible to senior management personnel so as to maintain
the integrity of the recorded footage. When the premises is operating
there must be at least one staff member present at the premises who is
authorised to access the CCTV system and able to immediately review
recordings and produce copies.
(h)
Camera views are not to be obstructed by temporary or permanent
structures, signage or other impediments.
(10) NO SPEAKERS OR MUSIC OUTSIDE
Speakers and/or noise amplification equipment must not be installed and
music must not be played in any of the outdoor areas associated with the
premises including the public domain. Speakers located within the premises
must not be placed so as to direct the playing of music towards the outdoor
areas associated with the premises.
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(11) NO SPRUIKING NOISE
No persons (such as those commonly known as spruikers) or recordings or
other devices which have the effect of spruiking are to be located on Council
owned property. Furthermore, the sound level of any spruiking generated
within privately owned land must not be audible on any adjacent property
with a shared boundary.
(12) NOISE FROM GLASS REMOVAL
Glass must not be emptied or transferred from one receptacle to another
anywhere in a public place. All glass must be emptied / transferred inside of
the building on the premises and removed in containers.
(13) REMOVAL OF GLASS
Patrons must be prevented from removing glasses, opened cans, bottles or
alcohol from the premises (except from any approved bottle shop area) or
from the approved outdoor dining area included in the boundaries of the
licensed premises.
(14) NOISE - GENERAL
(a)
(b)
The emission of noise associated with the use of the premises
including the operation of any mechanical plant and equipment shall
comply with the following:
(i)
The LAeq, 15minute noise level emitted from the use must not exceed
the project specific noise level for that receiver as determined in
accordance with the NSW EPA Industrial Noise Policy. Noise
must be measured in accordance with the Industrial Noise Policy
and relevant requirements of Australian Standard AS 1055-1997
Acoustics – Description and measurement of environmental
noise.
(ii)
Project specific noise levels shall be determined by establishing
the existing environmental noise levels, in complete accordance
with the assessment LA90, 15 minute / rating LA90, 15 minute process to be
in accordance with the requirements for noise monitoring listed in
the NSW EPA Industrial Noise Policy and relevant requirements
of Australian Standard AS1055-1997 Standard AS 1055-1997
Acoustics – Description and measurement of environmental
noise.
(iii)
Modifying factors in Table 4.1 of the NSW EPA Industrial Noise
Policy are applicable.
An LAeq,15minute noise level emitted from the use must not exceed the
LA90, 15minute noise level by more than 3dB in any Octave Band Centre
Frequency (31.5 Hz to 8 kHz inclusive) when assessed inside any
habitable room of any affected residence or noise sensitive commercial
receiver provided that:
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(i)
Where the LA90, 15minute noise level is below the threshold of
hearing, Tf at any Octave Band Centre Frequency as defined in
Table 1 of International Standard ISO 226 : 2003- Normal EqualLoudness-Level Contours then the value of Tf corresponding to
that Octave Band Centre Frequency shall be used instead.
(ii)
The LAeq,15minute noise level and the LA90,15minute noise level shall
both be measured with all external doors and windows of the
affected residence closed;
(iii)
The relevant background noise level (LA90, 15 minute) is taken
to mean the day, evening or night rating background noise level
determined in complete accordance with the methodology
outlined in the NSW EPA Industrial Noise Policy and Australian
Standard AS1055.1997 Acoustics – Description and
measurement of environmental noise.
(iv)
Background noise shall be established in the absence of all noise
emitted from the use but with the ventilation equipment normally
servicing the affected residence operating. Background noise
measurements are to be representative of the environmental
noise levels at the affected location.
(v)
Modifying factors in Table 4.1 of the NSW EPA Industrial Noise
Policy are applicable. Internal Noise measurements are not to be
corrected for duration.
(15) COMPLIANCE WITH ACOUSTIC REPORT – CERTIFICATION PRIOR TO
CONSTRUCTION AND OCCUPATION CERTIFICATES
(a)
All performance parameters, requirements, engineering assumptions
and recommendations contained in the acoustic report prepared by
Acoustic
Studio,
dated
April
2014,
ref
HAS2140.0007.Rep.RevC.140429, entitled Taylor Square Bike Hub –
Development Application Acoustic Report (The Report) must be
implemented during construction stage and verified prior to the use of
the premises, taking into account Condition 4 which does not approve
events.
(b)
This means that the proposed construction plans and construction
methodology must be assessed and reported on by a suitably qualified
acoustic consultant at the detailed design stage of the project to be in
accordance with the below listed requirements, with reference to
drawings, to the satisfaction of the Principal Certifying Authority (PCA).
This is to occur prior to the issue of the Construction Certificate.
(c)
Additionally, the below requirements, as constructed are to be
reviewed, assessed and reported on to the satisfaction of the PCA prior
to the issue of the Occupation Certificate.
(d)
Specifically, as assessed and reported, the PCA shall determine to
their satisfaction on all accounts that the proposed use satisfies the
following requirements of The Report with consideration to any
additional written guidance specified, and any additional given terms:
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216
(i)
Section 2.1 – The premises is to be designed and fitted out in
accordance with the plans illustrated in Figure 1 of the acoustic
report i.e. the basement, ground, first and roof levels.
(ii)
Section 4.2.1 – The consultant has provided background and
ambient noise levels on the basis of scrutiny from council to be in
accordance with NSW EPA and City of Sydney requirements. As
the consultant provides that the proposal can comply with
planning noise performance parameters determined on the basis
of this information, the City reserves its rights under the EP&A
Act to assess operational requirements against the lower of the
reported levels, i.e. Table 1 to Table 4 of the report or a field
measurement onsite.
On the basis of documented advice from Acoustic Studio, we
also take these to be the Rating Background Noise levels. The
consultant and PCA are to use the above referenced noise levels
as the basis for certification and verification.
(iii)
Section 7.1.1 - All mechanical plant is to comply with the lesser of
either the noise criterion provided in Tables 5, 7 and 8 of the
report and the Noise General condition.
(iv)
Section 7.2.3 – Noise generating activities occurring within the
premises that are not licensed must not cause internal noise
disturbance to surrounding residential and commercial receivers,
therefore the criteria set out in Table 10 must not be exceeded.
(v)
Section 7.3.2 – Licenced activities occurring on the premises
must not exceed the criteria set out in Table 11.
(vi)
Section 7.4.1 – The internal design sound levels for internal keys
areas of the premises must not exceed the criteria set out in
Table 13.
(vii) Section 8.3 – The noise level of the two chillers, located at the
southeast corner of the rooftop, is not to exceed 62 dB(A) at 1m
from the front side of each unit, and the noise level of the two
VRV units, located at the southeast corner of the rooftop, is not to
exceed 58 dB(A) at 1m from the front of each unit.
Furthermore, the requirement for the acoustic barrier, louvres,
duct attenuation, sound absorptions enclosures as specified on
page 52 of the report are to be reviewed and implemented to the
consultant’s satisfaction.
(viii) Section 8.3 – The design and location of the mechanical plant is
to be consistent with the report and thus be reviewed by the
consultant.
(ix)
Section 8.4.1 – The design and fitout of the café is to be such
that it does not exceed the criteria set out in Tables 19 and 20
and thus be reviewed by the consultant.
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(x)
Section 8.4.1 – Noise emissions from the Studio are not to
exceed the criteria set out in Tables 23 and 24 and thus be
reviewed by the consultant.
(xi)
Section 8.4.2 – Noise emissions from the film screenings in the
retail area are not to exceed the criteria set out in Tables 26 and
28 and will be reviewed by the consultant.
(xii) Section 8.5 - Noise emissions from the use of the entire premises
must not exceed the sleep arousal criteria set out in Table 32 and
will be reviewed by the consultant.
(xiii) Section 8.6 - External noise emissions from the use of the
premises on a daily and monthly basis must not exceed the
criteria set out in Tables 33, 34 and 35 and will be reviewed by
the consultant.
Note: A suitably qualified acoustic consultant is taken to mean a person
eligible for the grade of member within the Institute of Engineers Australia,
the Australian Acoustics Society or the Australian Association of Acoustic
Consultants.
(16) NOISE - LICENSED PREMISES
(a)
The LA10, 15 minute noise level emitted from the use must not exceed the
background noise level (LA90, 15minute) in any Octave Band Centre
Frequency (31.5 Hz to 8 kHz inclusive) by more than 5dB between the
hours of 7.00am and 12.00 midnight when assessed at the boundary of
any affected residence.
(b)
The LA10, 15 minute noise level emitted from the use must not exceed the
background noise level (LA90, 15 minute) in any Octave Band Centre
Frequency (31.5 Hz to 8 kHz inclusive) between the hours of 12.00
midnight and 7.00am when assessed at the boundary of any affected
residence.
(c)
Notwithstanding compliance with (a) and (b) above, noise from the use
is not to cause the existing established LA90, 15 minute which enters a
separate residential premises, in the absence of noise from the use, to
increase in any Octave Band Centre Frequency (31.5 Hz to 8 kHz
inclusive) when assessed within a habitable room at any affected
residential use between the hours of 7am and 12midnight.
(d)
Notwithstanding compliance with (a), (b) and (c) above, the noise from
the use must not be audible within any habitable room in any
residential use between the hours of 12.00 midnight and 7.00am.
(e)
The LA10, 15 minute noise level emitted from the use must not exceed the
background noise level (LA90, 15 minute) in any Octave Band Centre
Frequency (31.5 Hz to 8 kHz inclusive) by more than 3dB when
assessed indoors at any affected commercial premises.
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Note: The LA10, 15 minute noise level emitted from the use is as per the definition
in the Australian Standard AS1055-1997 Acoustics – Description and
measurement of environmental noise. The background noise level LA90, 15
minute is to be determined in the absence of noise emitted by the use and be
representative of the noise sensitive receiver. It is to be determined from the
assessment LA90 / rating LA90 methodology in complete accordance with the
process listed in the NSW EPA Industrial Noise Policy and relevant
requirements of AS1055.1997.
(17) ASSOCIATED ROADWAY COSTS
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 the City’s “Development Specification for Civil Works Design
and Construction”.
(18) BICYCLE FACILITIES
A bicycle facilities room must be provided close to staff / employee bicycle
parking and include:
(a)
showers with change area; and
(b)
12 personal lockers.
(19) BICYCLE PARKING
The layout, design and security of bicycle facilities either on-street or offstreet must comply with the minimum requirements of Australian Standard
AS 2890.3 – 1993 Parking Facilities Part 3: Bicycle Parking Facilities except
that:
(a)
all bicycle parking for staff / employees of any land uses must be Class
2 bicycle facilities, and
(b)
all bicycle parking for visitors of any land uses must be Class 3 bicycle
rails.
(20) CHANGES TO KERB SIDE PARKING RESTRICTIONS
A separate submission must be made to the Sydney Traffic Operations Unit
seeking the City’s approval for any changes to kerb side parking
arrangements. There is no guarantee kerb side parking will be changed or
that any change will remain in place for the duration of the development use.
The submission must include two plans. One showing the existing kerb side
parking restriction signs and stems, the second showing the proposed kerb
side parking restriction signs and stems. Both plans must include changes to
all signs and stems from the kerb line of the nearest intersection.
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(21) COST OF SIGNPOSTING
All costs associated with signposting for any kerbside parking restrictions and
traffic management measures associated with the development shall be
borne by the developer.
(22) TRAFFIC WORKS
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 Local Pedestrian,
Cycling and Traffic Calming Committee prior to any work commencing on
site.
(23) SIGNAGE STRATEGY
(a)
Details of the external signage strategy for the building are to be
submitted to the written satisfaction of the Director of Planning,
Development and Transport prior to the issue of a Construction
Certificate. It is to be prepared with input from the applicant’s heritage
consultant. The strategy is to be supported by drawings and is to
include:
(i)
The size, location, type, materials, colours and numbers of
external signs;
(ii)
Advice on the fixings proposed, including their location (such as
within mortar joints as opposed to the brickwork). With such
fixings the number of penetrations is to be minimised and
corrosion proof metals are to be used;
(iii)
Content of the signs and details of lettering – including size and
font; and
(iv)
Details of any illumination and cabling.
(24) USE OF HERITAGE CONSULTANT
(a)
An experienced heritage consultant is to be commissioned to work with
the consultant team throughout the design development, contract
documentation and construction stages of the project. The heritage
consultant is to be involved in the resolution of all matters where
existing significant fabric and spaces are to be subject to preservation,
restoration, reconstruction, adaptive reuse, recording and demolition.
(b)
The heritage consultant is to be provided with full access to the site and
authorised by the applicant to respond directly to Council’s Urban
Design and Heritage Unit where information or clarification is required
regarding the resolution of heritage issues throughout the project.
(c)
Evidence and details of the above commission on the above terms is to
be provided to Council in writing prior to commencement of work on
site.
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(25) ARCHIVAL PHOTOGRAPHIC RECORDING ( MINOR WORKS)
(a)
Prior to a Construction Certificate being issued, an archival
photographic recording of the building is to be prepared to Council's
satisfaction. The recording may be in either digital or film-based form,
or a combination of both, prepared in accordance with the NSW
Heritage Office guidelines titled ‘Photographic Recording of Heritage
Items using Film or Digital Capture’. One copy of the record is to be
submitted to Council to be lodged with Council’s Archives.
(b)
The form of the recording is to be as follows:
(c)
(d)
(i)
In A4 format, placed in archival plastic sleeves in an appropriate
archival folder.
(ii)
The Development Application number must be noted on the front
of the folder and in the report.
(iii)
Include a summary report detailing the project description, date
and authorship of the photographic record, method of
documentation and limitations of the photographic record.
(iv)
Each negative, slide or digital image is to be cross referenced to
a photographic catalogue and photographic base plans.
(v)
Include written confirmation, issued with the authority of both the
applicant and the photographer that the City of Sydney is granted
a perpetual non-exclusive licence to make use of the copyright in
all images supplied, including the right to make copies available
to third parties as though they were Council images. The
signatures of both the applicant and the photographer must be
included.
A digital based recording is to include:
(i)
Thumbnail image sheets and a selection of A5 or A4 size images,
all labelled and cross-referenced to the catalogue sheets and
base plans, and processed on A4 size archival photographic
paper using archivally stable inks.
(ii)
CD or DVD containing the report in PDF format and the electronic
images saved as JPEG or TIFF files and cross referenced to the
catalogue sheets.
A film based recording is to include:
(i)
35mm film images submitted as contact sheets with equivalent
negatives, a selection of black and white prints 200 x 250mm,
and 35mm colour transparencies, all labelled and crossreferenced to the catalogue sheets and base plans.
(26) GENERAL HERITAGE
(a)
Experienced tradespersons (as appropriate) are to be commissioned
who are skilled in traditional building and engineering trades to carry
out the proposed scope of works to the building
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(b)
Pressed metal ceilings on the first floor: With the removal of the roof
structure, the existing pressed metal ceiling is to be carefully removed
and safely stored on site until reinstatement. Where possible the
existing pressed metal is to be reused in the lining to the new ceiling
with any new panels matching the pattern and details of the existing.
(c)
Leadlight windows to oriel windows on Bourke Street: The missing
coloured leadlight glazing in the transom windows of the oriel window
to Bourke Street is to be reinstated on matching the pattern and
detailing of the transom windows to the oriel window on the Flinders
Street elevation.
(d)
Reroofing of oriel windows: The reroofing of the oriel windows is to be
like for like replacement of the existing roofing.
(e)
Paint Removal: Before the paint is removed from the external brickwork
of the building, a test is to be carried out to determine if it is practical to
remove the paint without damaging the brickwork. The test is to be
carried out by skilled tradespeople under the direction of the applicant’s
heritage consultant. The result of the test are to be submitted in writing,
with supporting photographs, by the heritage consultant to Council’s
Urban Design and Heritage Manager prior to the issue of a construction
certificate.
In the event that it has been demonstrated that paint removal is not
possible without extensive damage to the brickwork and mortar joints, a
new colour scheme appropriate to the style and period of the building is
to be submitted for the approval of Council’s Urban Design and
Heritage Manager prior to the issue of a construction certificate. The
building is to repainted in this approved colour scheme prior to the
issue of an occupation certificate.
The removal of the paint is to be carried out in accordance with Section
9 of the Conservation Management Plan prepared by Rappoport Pty
Ltd and dated February 2013 and prepared for Council.
(27) HERITAGE – NEW SERVICES
All new service installations in the building are to be placed as unobtrusively
as possible with minimum intervention to significant fabric and spaces.
(28) HERITAGE – MATERIALS AND FINISHES TO MATCH EXISTING
All new and external materials, finishes and works for making good must
match the existing significant work.
(29) HERITAGE - BRIEFING OF CONTRACTORS AND SUBCONTRACTORS
All contractors and subcontractors involved in the construction works are to
be briefed on the heritage significance of the building and site prior to the
work commencing. The briefing, which is to also address archaeological
issues, is to form part of the on-site induction programme for all workers on
the site.
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(30) HERITAGE INTERPRETATION PLAN
(a)
An interpretation plan for the site must be submitted to and approved
by Council’s Urban Design and Heritage Manager prior to the
commencement of works on the site.
(b)
The interpretation plan must detail how information on the history and
significance of the site will be provided for the public and make
recommendations regarding location, public accessibility, signage and
lighting. Public art, details of the heritage design, the display of
selected artefacts are some of the means that can be used.
(c)
The plan is to be prepared by a suitably qualified and experienced
heritage consultant with input from a suitably qualified historian
(d)
Prior to an Occupation Certificate being issued the approved
interpretation plan must be implemented to the satisfaction of Council’s
Urban Design and Heritage Manager.
(31) HERITAGE - CYCLICAL MAINTENANCE PLAN
A Maintenance Plan must be prepared to ensure that the processes and
guidelines for the future management of the building have full regard for, and
maintain the heritage significance of the building. The Plan must include
cyclical maintenance for the building, prepared in accordance with the NSW
Heritage Council Maintenance of Heritage Assets Guidelines. The Plan must
be prepared in consultation with a heritage consultant, and submitted to the
satisfaction of Council’s Urban Design and Heritage Manager prior to the
issue of an occupation certificate.
(32) ARCHAEOLOGY
(a)
Should any historical relics be unexpectedly discovered in any areas of
the site not subject to an excavation permit, then all excavation or
disturbance to the area is to stop immediately and the Heritage Council
of NSW should be informed in accordance with section 146 of the
Heritage Act 1977.
(b)
Should any Aboriginal objects be unexpectedly discovered then all
excavation or disturbance of the area is to stop immediately and the
NSW Department of Environment and Heritage is to be informed in
accordance with Section 91 of the National Parks and Wildlife Act,
1974.
SCHEDULE 1B
Prior to Construction Certification/Commencement of Work/Health and Building
Note: Prior to the issue of the Construction Certificate, sufficient information must be
forwarded to the certifying authority (whether Council or a private accredited certifier)
illustrating compliance with the relevant requirements of the Building Code of Australia
(and a copy forwarded to Council where Council is not the certifying authority). If Council
is to be the certifying authority, please contact the Building Unit to discuss the
requirements prior to submission of the application for construction certificate.
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(33) CONSTRUCTION TRAFFIC MANAGEMENT PLAN
(a)
The Construction Traffic Management Plan accompanying this
Development Application has not been approved by this consent.
(b)
A Construction Traffic Management Plan must be submitted to and
approved by Council prior to a Construction Certificate being issued.
(34) EMISSIONS
(a)
The use of the premises must not give rise to the emission of gases,
vapours, dusts or other impurities which are a nuisance, injurious or
prejudicial to health.
(b)
Gaseous emissions from the development must comply with the
requirements of the Protection of the Environment Operations Act,
1997 and Regulations. Uses that produce airborne particulate matter
must incorporate a dust collection system.
(35) ASBESTOS REMOVAL WORKS
(a)
All works removing asbestos containing materials must be carried out
by a suitably licensed asbestos removalist duly licensed with
Workcover NSW, holding either a Friable (Class A) or a Non- Friable
(Class B) Asbestos Removal Licence which ever applies.
(b)
Five days prior to the commencement of licensed asbestos removal,
Workcover must be formally notified of the works. All adjoining
properties and those opposite the development must be notified in
writing of the dates and times when asbestos removal is to be
conducted. The notification is to identify the licensed asbestos removal
contractor and include a contact person for the site together with
telephone number and email address.
(c)
All works must be carried out in accordance with the Work Health and
Safety Regulation 2011 and the NSW Government and Workcover
document entitled How to Safely Remove Asbestos, Code of Practice
and the City of Sydney Asbestos Policy.
(d)
The asbestos removalist must use signs and barricades to clearly
indicate the area where the asbestos removal work is being performed.
Signs must be placed in positions so that people are aware of where
the asbestos removal work area is and should remain in place until
removal is completed and clearance to reoccupy has been granted.
Responsibilities for the security and safety of the asbestos removal site
and removal work area should be specified in the asbestos removal
control plan (where required). This includes inaccessible areas that are
likely to contain asbestos.
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224
(e)
Warning signs must be placed so they inform all people nearby that
asbestos removal work is taking place in the area. Signs should be
placed at all of the main entry points to the asbestos removal work area
where asbestos is present. These signs should be weatherproof,
constructed of light-weight material and adequately secured so they
remain in prominent locations. The signs should be in accordance with
AS 1319-1994 Safety signs for the occupational environment for size,
illumination, location and maintenance.
(f)
Asbestos to be disposed of must only be transported to waste facilities
licensed to accept asbestos. The names and location of these facilities
are listed in Part 6 of the City of Sydney’s Asbestos Policy.
(g)
No asbestos products are to be reused on the site (i.e. packing pieces,
spacers, formwork or fill etc).
(h)
No asbestos laden skips or bins are to be left in any public place
without the approval of Council.
(i)
A site notice board must be located at the main entrance to the site in a
prominent position and must have minimum dimensions of 841mm x
594mm (A1) with any text on the notice to be a minimum of 30 point
type size.
The site notice board must include the following:
(i)
contact person for the site;
(ii)
telephone and facsimile numbers and email address; and
(iii)
site activities and time frames.
(36) CONSTRUCTION AND FITOUT OF FOOD PREMISES
(a)
Detailed plans of the kitchen and food preparation and storage areas
must be prepared by a suitably qualified person and certified in
accordance with Standard 3.2.3 of the Australian and New Zealand
Food Standards Code under the Food Act 2003 and AS 4674 - Design,
Construction and Fitout of Food Premises and must be submitted to
and approved by the Certifying Authority prior to a Construction
Certificate being issued.
(b)
The construction, fitout and finishes of the food premises must comply
with Standard 3.2.3 of the Australian and New Zealand Food Standards
Code under the Food Act 2003 and AS 4674 - Design, Construction
and Fitout of Food Premises.
(c)
The cooking appliances require an approved air handling system
designed in accordance with AS1668.1-1998 and AS1668.2-1991 or
alternative solution satisfying the performance objectives of the
Building Code of Australia. No approval is granted for the use of wood
fired equipment or appliance or charcoal based cooking.
(d)
Cooking must not commence until an air handling system, in
accordance with the BCA is installed and operational.
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(e)
The floor of the food premises must be finished in an approved nonabsorbent material, evenly laid, or graded and drained to a trapped
floor waste.
(f)
The floor must be coved at the intersection with the walls.
(g)
The walls of the food preparation area must be of solid construction
and finished with glazed ceramic tiles or other rigid, smooth-faced
impervious material.
(h)
Ceilings within the food preparation and storage areas must be free of
gaps and open joints and must be finished with an impervious sealed
material. Drop in panels are not permitted in food preparation areas,
food storage areas or areas where open food is displayed or served.
(i)
Hand wash basin/s, with hot and cold running water mixed through a
common spout, hand wash soap and hand drying facilities must be
provided in all open food and drink handling areas, bar areas, and
toilets. Hand basin(s) must be located within 5m travel distance from
any place where open food or drink is handled, including service areas.
All taps to hand wash basins must be hands free. (For example:
sensor taps, knee operated taps or foot pedal taps). Liquid soap and
paper towel dispensers or other hand drying facilities must be located
next to and in close proximity the hand wash basin.
(j)
A double bowl sink or two compartment tub (the capacity of which must
be capable of fitting all food contact equipment) must be provided in the
food preparation area, in addition to the hand basin,
OR
a single bowl sink and a dishwasher must be provided in the food
preparation or designated area, (where all the food contact equipment
will fit in the dishwasher) in addition to the hand basin.
(k)
A separate and dedicated food preparation sink is to be provided within
the food premises where foods are prepared by immersion in water.
(l)
A cleaners’ sink for the purpose of cleaning floor mops and other
cleaning equipment must be provided within the premises, preferably in
the garbage room or separate from the food preparation and storage
area.
(m)
The capacity of the hot water service must ensure a constant supply of
hot water is provided to the premises at all times for all sinks and
basins including hand wash basin/s. The temperature of the hot water
provided to the double bowl sink must be a minimum of 77oC if hot
water is being used as a sanitiser. Alternatively chemical sanitiser must
be provided and used at all times
(n)
The appliances used to store potentially hazardous food must have a
capacity to keep food hotter than 60oC or colder than 5oC and be
provided with a thermometer, accurate to 1oC and which can be easily
read from outside the appliance.
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(o)
All food is to be transported, stored and displayed in a manner that
protects the food from likely contamination in accordance with the
provisions of Standard 3.2.2 of the Food Standards Code under the
Food Act 2003.
(p)
All unpackaged ready to eat food for self service must be provided and
maintained with protective barriers and have separate serving utensils,
in accordance with Standard 3.2.2 of the Food Standards Code under
the Food Act 2003.
(q)
The sanitary facilities must be separated from all food handling areas
via an airlock, self-closing door or mechanical ventilation in accordance
with the provisions of the Building Code of Australia, Part F 3.1, 4.8 and
4.9.
(r)
Clothing lockers or change rooms for male and female staff must be
provided in the premises in a separate location to the food handling
and storage areas or a dedicated, separate and isolated area for the
storage of personal items must be provided.
(s)
To ensure the adequate storage and collection of waste from the
occupation or the use of the food premises, all garbage and recyclable
materials emanating from the premises must be stored in a designated
waste storage area. The waste storage area must be designed and
constructed in accordance with AS 4674 – Design, Construction and
Fitout of Food Premises, and must be:
(i)
Provided with a hose tap connected to the water supply;
(ii)
Paved with impervious floor materials;
(iii)
Coved at the intersection of the floor and walls;
(iv)
Graded and drained to a waste disposal system in accordance
with the relevant regulatory authority (Sydney Water);
(v)
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;
(vi)
Fitted with appropriate interventions to meet fire safety standards
in accordance with the Building Code of Australia.
Detailed plans and specifications for the construction of the waste
storage area are to be submitted to the Certifying Authority with the
Construction Certificate.
(t)
Cool room(s), refrigerated chambers and strong-rooms are to be
constructed in accordance with G 1.2 of the Building Code of Australia.
(i)
The floor of the coolroom must be graded to the door and a floor
trapped waste outlet must be located outside the coolroom as
near as possible to the door opening.
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(ii)
All proposed shelving in the coolroom must be free-standing,
constructed of galvanised steel angle section or other approved
material with the lowest shelf at least 150mm clear of the floor.
(iii)
The floor of the coolroom must be constructed of impermeable
concrete or coated, topped or otherwise finished with an
impervious material to a smooth even surface and coved at the
intersections with the walls to a minimum radius of 25mm.
(iv)
A door which can be opened at all times from inside without a
key.
(v)
An approved audible alarm device must be located outside the
coolroom(s) but controllable only from within the coolroom(s) and
be able to achieve a sound pressure level outside the chamber or
coolroom(s) of 90 d B (A) when measured 3 metres from the
sounding device.
(u)
All service pipes, electrical conduits, refrigeration condensate pipes
and the like must be chased into walls and floors or at least 25mm off
the wall.
(v)
All openings in walls, floors and ceilings, through which service pipes
pass, must be vermin proof.
(w)
Where fittings are butt joined together they must be sealed to eliminate
any cavities or crevices. Alternatively, a clear space of at least 75mm is
to be provided between fittings.
(x)
The following requirements apply to clearances and supports of
equipment:
(y)
(i)
All stoves, refrigerators, cupboards and similar fittings must have
metal legs made of non-corrosive metal or moulded plastic at a
minimum height of 150mm above the floor. If placed flush on
solid plinths the solid plinth is to be a minimum of 75 mm high.
(ii)
All shelving must be fixed 25mm clear of the walls on solid metal
brackets.
A grease trap (if required by Sydney Water) must not be installed in
any kitchen, food preparation or food storage area. The grease trap
room must have a piped connection to the boundary so that it can be
emptied. Note: Sydney Water Authority also have requirements for
grease arrestors that you need to comply with.
Note: Copies of AS 4674-2004 may be obtained from the Standards Australia
Customer Service on telephone 1300 65 46 46 or by visiting the website
www.standards.com.au.
Copies of the Food Standards Code (Australia) may be obtained by
contacting the Food Standards Australia and New Zealand Authority on
telephone (02) 6271 2222, email [email protected] or by visiting
the website www.foodstandards.gov.au.
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(37) FOOD PREMISES DATA BASE
Prior to an Occupation Certificate being issued, Council’s Environmental
Health Unit must be notified that the premises is being used for the
preparation, manufacture or storage of food for sale so that the premises can
be registered on Council’s food premises database.
(38) INSTALLATION OF WATERLESS WOKS
Where one or more commercial wok stove(s) are to be installed as part of the
new food premises only the use of air-cooled (waterless) wok stove(s) are
permitted.
(39) NOTIFY NSW FOOD AUTHORITY
Prior to the commencement of food handling operations, the food business
must notify the NSW Food Authority of the following information including:
(a)
Contact details for the food business, including the name and address
of the business and the proprietor of the business.
(b)
The nature of the food business.
(c)
The location of any other food premises associated with the food
business, within the jurisdiction of NSW Health.
You may notify the NSW Food Authority via the Internet on
www.foodnotify.nsw.gov.au or by contacting the Council for a notification
form. Failure to notify the NSW Food Authority may result in a penalty not
exceeding $2,750.
(40) MECHANICAL VENTILATION
(a)
The premises must be ventilated in accordance with the Building Code
of Australia and AS1668.1-1998 and AS1668.2-1991.
(b)
Details of any mechanical ventilation and/or air conditioning system
complying with AS1668.1-1998 and AS1668.2-1991, the Building Code
of Australia and relevant Australian Standards must be prepared by a
suitably qualified person certified and certified in accordance with
Clause A2.2(a)(iii) of the Building Code of Australia, to the satisfaction
of the Certifying Authority prior to the issue of a Construction
Certificate.
(c)
Prior to issue of an Occupation Certificate and following the completion,
installation, and testing of all the mechanical ventilation systems, a
Mechanical Ventilation Certificate of Completion and Performance in
accordance with Clause A2.2(a)(iii) of the Building Code of Australia,
must be submitted to the Principal Certifying Authority.
(41) ALIGNMENT LEVELS
(a)
Prior to a Construction Certificate being issued, footpath alignment
levels for the building must be submitted to Council for approval. The
submission must be prepared by a Registered Surveyor and must be in
accordance with the City of Sydney's Public Domain Manual.
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(b)
These alignment levels, as approved by Council, are then to be
incorporated into the plans submitted with the application for a
Construction Certificate, excluding a Construction Certificate for
approved preparatory, demolition or shoring work.
(c)
If a Public Domain Plan condition applies to the development the
Alignment Levels application must be made concurrently with the
submission of a Public Domain Plan.
(42) PUBLIC DOMAIN PLAN
(a)
Three copies of a detailed Public Domain Plan must be prepared by an
architect, urban designer or landscape architect and must be lodged
with Council’s Public Domain Section and be approved by Council prior
to a Construction Certificate being issued for any new building work
(including internal refurbishments) excluding approved preparatory,
demolition or shoring work.
(b)
The Public Domain Plan must be prepared in accordance with the City
of Sydney’s Public Domain Manual. If an Alignment Levels condition
applies to the development, the Public Domain Plan submission must
be made concurrently with the Alignment Levels application. The works
to the public domain are to be completed in accordance with the
approved plan and the Public Domain Manual before any Occupation
Certificate is issued in respect of the development or before the use
commences, whichever is earlier.
(43) PUBLIC DOMAIN WORKS - HOLD POINTS AND HANDOVER
(a)
Prior to a Construction Certificate being issued for a new building work,
excluding approved preparatory, demolition and shoring work, a set of
hold points for approved public domain and civil construction work is to
be determined with and approved by the City's Public Domain section
in accordance with the City's Public Domain Manual.
(b)
Completion and handover of the constructed public domain works is to
be undertaken in accordance with the City's Public Domain Manual,
including requirements for as-built documentation, certification and
defects liability period.
(44) PHOTOGRAPHIC RECORD / DILAPIDATION REPORT - PUBLIC DOMAIN
Prior to an approval for demolition being granted or a Construction Certificate
being issued, whichever is earlier, a photographic recording of the public
domain site frontages is to be prepared and submitted to Council's
satisfaction.
The recording must include clear images of the footpath, nature strip, kerb
and gutter, driveway crossovers and laybacks, kerb ramps, road
carriageway, street trees and plantings, parking restriction and traffic signs,
and all other existing infrastructure along the street.
The form of the recording is to be as follows:-
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(a)
A PDF format report containing all images at a scale that clearly
demonstrates the existing site conditions;
(b)
Each image is to be labelled to identify the elements depicted, the
direction that the image is viewed towards, and include the name of the
relevant street frontage;
(c)
Each image is to be numbered and cross referenced to a site location
plan;
(d)
A summary report, prepared by a suitable qualified professional, must
be submitted in conjunction with the images detailing the project
description, identifying any apparent existing defects, detailing the date
and authorship of the photographic record, the method of
documentation and limitations of the photographic record;
(e)
Include written confirmation, issued with the authority of both the
applicant and the photographer that the City of Sydney is granted a
perpetual non-exclusive license to make use of the copyright in all
images supplied, including the right to make copies available to third
parties as though they were Council images. The signatures of both the
applicant and the photographer must be included.
(45) STORMWATER AND DRAINAGE - MINOR DEVELOPMENT
The drainage system is to be constructed in accordance with Council's
standard requirements as detailed in Council's 'Stormwater Drainage
Connection Information' document dated July 2006. This information is
available on Council's website - www.cityofsydney.nsw.gov.au.
(46) PRESERVATION OF SURVEY MARKS
All works in City streets must ensure the preservation of existing permanent
survey marks (a brass bolt, or a lead plug holding a brass tack, covered by a
cast iron box). At least forty-eight hours prior to the commencement of any
works in the public way within 1 metre of a permanent survey mark contact
must be made with the City's Project Manager Survey / Design Services to
arrange for the recovery of the mark.
Prior to the issue of a Construction Certificate, a survey plan, clearly showing
the location of all permanent survey marks fronting the site and within 5
metres on each side of the frontages must be submitted to Council.
At least forty-eight hours prior to the commencement of any works in the
public way within 1 metre of a permanent survey mark contact must be made
with the City’s Senior Surveyor to arrange for the recovery of the mark.
A fee must be paid to the Council for the replacement of any permanent
survey mark removed or damaged in accordance with the City's Schedule of
Fees and Charges (Reinstatement of Survey Box).
(47) PATTERSON LANE CLOSURE
(a)
The design of Patterson Lane is not approved as part of this consent.
(b)
The design is to be amended to include the following issues:
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(c)
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(i)
Footway continuation over both ends of the lane with a
reinstatement of kerb and gutter;
(ii)
Removal of the bollards;
(iii)
Any drainage issues will need to be resolved;
(iv)
Materials and finishes
(v)
Lighting
(vi)
Street furniture including bicycle rings.
The revised design must be updated and submitted as part of the
Public Domain Plan works for approval by Council prior to the issue of
a Construction Certificate.
(48) PHONE BOX RELOCATION AND NEW STREET FURNITURE
The phone box relocation is not approved as part of this consent. Any
proposal to relocate should be included as part of the Public Domain Plan
submission. The final position of the phone box should ensure consideration
is given to view corridors along the laneway and pedestrian movements
along the footways.
(49) ENTRY GRADIENTS
All re-grading of the existing paving at building entries is not approved as part
of this consent.
(50) PROTECTION OF STONE KERBS
(a)
The existing stone kerbs on the Patterson Lane and Flinders Street
frontages of the site are to be retained and properly protected during
excavation and construction works.
(b)
To avoid damage to stone kerbs during construction and / or
excavation works for the development, temporary removal and storage
of the stone kerbs may be approved by Council. Removed, serviceable
stone kerbs (ie. those that are in good condition as agreed by City
officers) must be re-installed in accordance with the City’s standard
details and specifications after the construction and / or excavation
works have been completed. Note: A temporary concrete kerb will need
to be constructed to retain the footpath and road access until the stone
kerbs can be reinstalled. The removed stone kerbs are to be reinstalled
prior to the issue of an Occupation Certificate. Note: all costs
associated with the works are to be at no cost to the Council.
(c)
Damaged kerbs are to be replaced to match existing to the City’s
satisfaction or as otherwise advised by City officers.
(d)
Where new crossings or temporary crossings are to be constructed to
access the property, the affected kerb stones should be salvaged and
reused wherever possible.
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(e)
All new driveway laybacks and kerbs are to be constructed with stone
kerbs to match existing stones or as specified by City officers. All
unused stone kerbs are to be salvaged and returned to the City’s store.
(f)
Council approval is required before kerbs are removed.
(51) VERIFICATION OF SUPPORT FOR NEW LOADS
For alterations and additions to an existing building, a certificate from a
qualified practicing structural engineer (National Engineering Registration
Board) must be submitted to the Certifying Authority prior to a Construction
Certificate being issued. The certificate must state that the existing structure
is adequate to support the new loads and that the design will comply with the
relevant Australian Standards adopted by the Building Code of Australia.
(52) BCA COMPLIANCE - ALTERATIONS AND ADDITIONS - UPGRADE OF
BUILDING IS REQUIRED - BCA REPORT HAS BEEN PROVIDED (CC
REQUIRED)
(a)
Pursuant to Clause 94 of the Environmental Planning and Assessment
Regulation 2000, where currently non-compliant, the protection of
openings in external walls must be addressed to comply with Part C3.2
of the Building Code of Australia (BCA) and in this regard reference
shall be made to Fire Safety Assessment ref 2864300-CA01-6 dated
01/05/14 by Exova Warringtonfire Aus Pty Ltd.
(b)
If compliance with the deemed-to-satisfy provisions of the BCA cannot
be achieved, an alternative building solution in accordance with Part A0
of the BCA must be prepared by a suitably qualified and accredited
person and be submitted to the Certifying Authority illustrating how the
relevant performance requirements of the BCA are to be satisfied.
Prior to a Construction Certificate being issued, the Certifying Authority
must ensure that the building complies with the Building Code of
Australia.
(53) BCA - NEW BUILDING WORKS - CLASS 2-9 BUILDINGS
(a)
Pursuant to Clause 98 of the Environmental Planning and Assessment
Regulation 2000, the proposed building work must comply with the
Building Code of Australia (BCA) including:
(i)
Structural provisions - Part B1;
(ii)
Fire resistance and stability - Part C1;
(iii)
Compartmentation and separation - Part C2;
(iv)
Protection of openings - Part C3;
(v)
Provision for escape (access and egress) - Part D1;
(vi)
Construction of exits - Part D2;
(vii) Access for people with disabilities - Part D3;
(viii) Fire fighting equipment - Part E1;
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(ix)
Smoke hazard management - Part E2;
(x)
Emergency lighting, exit signs and warning systems - Part E4;
(xi)
Damp and weatherproofing - Part F1;
(xii) Sanitary and other facilities - Part F2;
(xiii) Room sizes - Part F3;
(xiv) Light and ventilation - Part F4;
(xv) Energy Efficiency - Part J;
(b)
If compliance with the deemed-to-satisfy provisions of the BCA and the
matters listed in condition (a) above cannot be achieved, an alternative
building solution in accordance with Part A0 of the BCA must be
prepared by a suitably qualified and accredited person and be
submitted to the Certifying Authority illustrating how the relevant
performance requirements of the BCA are to be satisfied. Prior to a
Construction Certificate being issued, the Certifying Authority must
ensure that the building complies with the Building Code of Australia.
(c)
The BCA matters identified in (a) above are not an exhaustive list of
conditions to verify compliance or non-compliance with the BCA. Any
design amendments required to achieve compliance with the BCA must
be submitted to Council. Significant amendments may require an
application under Section 96 of the Act to be lodged with Council to
amend this consent.
(54) FIRE SAFETY CERTIFICATE TO BE SUBMITTED
A Fire Safety Certificate must be submitted to the Principal Certifying
Authority for all of the items listed in the Fire Safety Schedule prior to an
Occupation Certificate being issued. A copy of the Fire Safety Certificate
must be submitted to Council if it is not the Principal Certifying Authority.
(55) ANNUAL FIRE SAFETY STATEMENT FORM
An annual Fire Safety Statement must be given to Council and the NSW Fire
Brigade commencing within 12 months after the date on which the initial
Interim/Final Fire Safety Certificate is issued or the use commencing,
whichever is earlier.
(56) WASTE AND RECYCLING COLLECTION CONTRACT
Prior to an Occupation Certificate being issued and/or commencement of the
use, whichever is earlier, the building owner must ensure that there is a
contract with a licensed contractor for the removal of all waste. No garbage
is to be placed on the public way, e.g. footpaths, roadways, plazas, reserves,
at any time.
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(57) WASTE AND RECYCLING MANAGEMENT - COMMERCIAL
(a)
A Waste Management Plan is to be approved by the Certifying
Authority prior to a Construction Certificate being issued. The plan
must comply with the Council's Policy for Waste Minimisation in New
Developments 2005. All requirements of the approved Building Waste
Management Plan must be implemented during construction of the
development.
UPON COMPLETION OF THE DEVELOPMENT
(b)
(Prior to an Occupation Certificate being issued or the use
commencing, whichever is earlier, the Principal Certifying Authority
must ensure that waste handling works have been completed in
accordance with: the Waste Management Plan; other relevant
development consent conditions; and Council's Policy for Waste
Minimisation in New Developments 2005.
(58) WASTE/RECYCLING COLLECTION
(a)
The collection of waste and recycling must only occur between 7.00am
and 8.00pm weekdays and 9.00am and 5.00pm weekends and public
holidays, to avoid noise disruption to the surrounding area.
(b)
Garbage and recycling must not be placed on the street for collection
more than half an hour before the scheduled collection time. Bins and
containers are to be removed from the street within half an hour of
collection.
(59) APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC
PLACE
(a)
A separate application under Section 138 of the Roads Act 1993 is to
be made to Council to erect a hoarding and/or scaffolding (temporary
structures) in a public place.
(b)
Where a consent is granted allowing the placement of temporary
structures in a public place the structures must comply fully with
Council’s Policy for the Design of Construction Hoardings and the
conditions of any consent granted including:
(i)
maintaining a current and valid consent for the full duration that
the temporary structures are installed in the public place (Section
139, Roads Act 1993);
(ii)
bill posters and graffiti being removed within 24 hours of their
placement (Clause 3.1);
(iii)
maintaining temporary structures in a clean and tidy condition
including repainting where directed by an authorised officer of
Council (Clause 3.1);
(iv)
hoarding site fences complying with Clause 3.3 - Element 3;
(v)
site sheds on decks of Type B hoardings being fully screened
from the public place (Clause 3.3 - Element 5); and
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(vi)
providing and maintaining operational artificial lighting systems
under Type B hoardings (Clause 3.3 – Element 9).
(60) BARRICADE PERMIT
Where construction/building works require the use of a public place including
a road or footpath, approval under Section 138 of the Roads Act 1993 for a
Barricade Permit is to be obtained from Council prior to the commencement
of work. Details of the barricade construction, area of enclosure and period
of work are required to be submitted to the satisfaction of Council.
(61) LANDSCAPED (GREEN) ROOFS
(a)
A detailed plan of the green roof, drawn to scale, by a qualified
landscape architect or landscape designer, must be submitted to and
approved by Council’s Area Planning Manager prior to the issue of a
Construction Certificate. The plan must include:
(i)
A Design Statement that includes details of proposed use of the
green roof, general accessibility, a description of the
environmental parameters it sets out to address, including noise
and privacy treatment and performance specification.
(ii)
Survey Plans showing existing and proposed services and
engineering details of existing roofs proposed to be retrofitted.
(iii)
Location of existing and proposed structures and hard
landscaping on the rooftop, retaining walls, and roof fixings and
other structural elements that may interrupt waterproofing,
including cross-sectional details of all components.
(iv)
Details of the location, sizes and numbers of plants used with
reference to NATSPEC (if applicable), with preference for
drought resistant species and those specified for use by the City
of Sydney.
(v)
Details of installation methodology including structural
reinforcement or retention structures for sloping roofs, including
details of prevention of slippage.
(vi)
Details of accessible and inaccessible areas on the Green Roof.
Where proposed to be inaccessible, Green Roofs are required to
remain such during occupation of the property.
(vii) Details of drainage and irrigation systems, including overflow
provisions.
(b)
Prior to the issue of a Construction Certificate, a Maintenance Manual
is to be submitted and approved by the Principal Certifying Authority. A
copy of the Maintenance Manual is to be kept on site at all times during
construction and shall be produced to Council on request. The
Maintenance Manual shall include as a minimum:
(i)
Frequency and
requirements.
methodology
of
different
maintenance
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(ii)
Details of safety procedures.
(iii)
Laminated copies of ‘As Built’ drawings.
(iv)
Manufacturer’s contact details and copies of manufacturers’
typical details and specification; and
(v)
Copies of warranties and guarantees relating to all materials and
plant used in construction.
The owner of the premises shall at all times comply with the on going
maintenance requirements of the Maintenance Manual and shall
promptly upon request produce a copy of the Manual to Council.
(c)
All landscaping in the approved plan is to be completed prior to an
Occupation Certificate being issued.
(d)
Prior to the issue of a Construction Certificate, the Certifying Authority
must assess and approve the proposed design of the waterproofing
system against the relevant performance provisions of the Building
Code of Australia as required by Clause A0.5 of the Code and ensure
the following is satisfied:
(i)
A report from a structural engineer confirming the adequacy of
the structure to support the saturated weight-bearing capacity of
the green roof; and
(ii)
A report from a hydraulic engineer certifying the drainage
overflow provisions and water retention cells in the drainage layer
used to facilitate self-watering for the plants.
SCHEDULE 1C
During Construction/Prior to Occupation/Completion
(62) STREET TREE PROTECTION
(a)
Street trees must be protected in accordance with the Australian
Standard 4970 Protection of Trees on Development Sites. All street
trees must be protected during the construction works as follows:
(b)
Tree trunk and major limb protection shall be undertaken prior to the
issuing of the Construction Certificate. The protection shall be installed
by a qualified Arborist (AQF 2 or 3) and must include:
(i)
An adequate clearance, minimum 250mm, must be provided
between the structure and tree branches, limbs and trunk at all
times,
(ii)
Tree trunk/s and major branches must be protected by wrapped
hessian or similar material to limit damage, and
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(iii)
Timber planks (50mm x 100mm or similar) shall be placed around
tree trunk/s. The timber planks shall be spaced at 100mm
intervals, and must be fixed against the trunk with tie wire, or
strapping. The hessian and timber planks must not be fixed to the
tree in any instance, or in any fashion.
(iv)
Tree trunk and major branch protection is to remain in place for
the duration of construction and development works, and shall be
removed at the completion of the project.
(c)
All hoarding support columns are to be placed a minimum of 300mm
from the edge of the existing tree pits/setts, so that no sinking or
damage occurs to the existing tree setts. Supporting columns must not
be placed on any tree roots that are exposed.
(d)
Materials or goods, including site sheds, must not be stored or placed:
(e)
(i)
Around or under the tree canopy; or
(ii)
Within two (2) metres of the trunks or branches of any street
trees.
Any damage sustained to street tree/s as a result of the erection of
hoardings, scaffolding, or due to the loading/unloading of vehicles
adjacent the site, must be immediately reported to the Council’s Street
Tree Contract Coordinator on 9265 9673, in order to determine the
appropriate action for maintaining the health and structural integrity of
any damaged street tree.
(63) PROTECTION OF STREET TREES DURING CONSTRUCTION
(a)
All street trees adjacent to the site not approved for removal must be
protected at all times during demolition and construction, in accordance
with Australian Standard 4970-2009 Protection of Trees on
Development Sites.
(b)
Details of the methods of protection must be submitted to and be
approved by Council prior to the issue of the Construction Certificate
and such approval should be forwarded to the Principal Certifying
Authority.
(c)
All approved protection measures must be maintained for the duration
of construction and development works. Any tree on the footpath which
is damaged or removed during construction must be replaced.
(64) STREET TREE PRUNING AND REMOVAL
(a)
The consent from Council must be obtained prior to the undertaking of
any street tree pruning works including tree roots greater than 40mm
diameter. Only minor pruning works will be approved by Council.
(b)
Any pruning that is required to accommodate hoardings, scaffolding, or
to accommodate the loading/unloading of vehicles, and has been
approved by Council shall be carried out by a qualified Arborist (AQF3),
and must be in accordance with AS4373 Australian Standards ‘Pruning
of Amenity Trees’.
Monday 23 February 2015
(c)
238
The removal of any street tree approved by Council must include
complete stump removal and the temporary reinstatement of levels so
that no trip or fall hazards exist until suitable replanting planting occurs.
These works must be completed immediately following the trees
removal.
(65) ACCESS DRIVEWAYS TO BE CONSTRUCTED
Approved driveways are to be constructed for all vehicular access to the
construction site in accordance with the requirements of Council’s “Driveway
Specifications” to the satisfaction of Council.
(66) LOADING AND UNLOADING DURING CONSTRUCTION
(a)
The following requirements apply:
(i)
All loading and unloading associated with construction activity
must be accommodated on site.
(ii)
If, during excavation, it is not feasible for loading and unloading to
take place on site, a Works Zone on the street may be
considered by Council.
(iii)
A Works Zone may be required if loading and unloading is not
possible on site. If a Works Zone is warranted an application
must be made to Council at least 8 weeks prior to
commencement of work on the site. An approval for a Works
Zone may be given for a specific period and certain hours of the
days to meet the particular need for the site for such facilities at
various stages of construction. The approval will be reviewed
periodically for any adjustment necessitated by the progress of
the construction activities.
(iv)
In addition to any approved construction zone, provision must be
made for loading and unloading to be accommodated on site
once the development has reached ground level.
(v)
The structural design of the building must allow the basement
and/or the ground floor to be used as a loading and unloading
area for the construction of the remainder of the development.
(67) NO OBSTRUCTION OF PUBLIC WAY
The public way must not be obstructed by any materials, vehicles, refuse,
skips or the like, under any circumstances. Non-compliance with this
requirement will result in the issue of a notice by Council to stop all work on
site.
(68) USE OF MOBILE CRANES
(a)
The following requirements apply:
(i)
Mobile cranes operating from the road must not be used as a
method of demolishing or constructing a building.
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Monday 23 February 2015
(ii)
For special operations including the delivery of materials, hoisting
of plant and equipment and erection and dismantling of on site
tower cranes which warrant the on-street use of mobile cranes,
permits must be obtained from Council for the use of a mobile
crane. The permits must be obtained 48 hours beforehand for
partial road closures which, in the opinion of Council will create
minimal traffic disruptions and 4 weeks beforehand in the case of
full road closures and partial road closures which, in the opinion
of Council, will create significant traffic disruptions.
(iii)
Special operations and the use of mobile cranes must comply
with the approved hours of construction. Mobile cranes must not
be delivered to the site prior to 7.30am without the prior approval
of Council.
(69) RAINWATER HARVESTING & RAINWATER TANKS
(a)
Use
(i)
(b)
Rainwater is only to be collected from roof catchments and it’s
use is restricted to toilet flushing, washing cars, garden use and
for washing machines only.
Installation requirements
(i)
All plumbing work is to be carried out by a licenced plumber and
must be carried out in accordance with AS/NZS 3500:2003. A
permit in accordance with the NSW Code of Practice - Plumbing
and Drainage 2006 (as amended) is to be obtained from Sydney
Water for the work to be carried out.
(ii)
Rainwater tanks shall be designed to include, but not be limited
to the following:-
(iii)
Rainwater tanks shall be fixed to structurally adequate bases or
walls in accordance with manufactures specifications or
engineers details.
(iv)
Shall not be fixed to, or otherwise supported by a bounding
common fence, wall or the like, without prior approval be adjacent
land owners.
(v)
All roof gutter downpipes must be fitted with a first flush device in
accordance with the manufacturer’s recommendations.
(vi)
Openings being suitably sealed to prevent access by children
and being fitted with a fine mesh screens in order to prevent
penetration of contaminants and insects such as mosquitoes.
(vii) All gutters, downpipes and associated supply pipe work must be
free draining to prevent ponding of rainwater and made of
suitable non corrodible materials.
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240
(viii) Shall have an overflow device being fitted to the rainwater tank
which directs water into an existing stormwater drainage system,
and shall have a suitable drainage plug/tap fitted and positioned
in a manner that facilitates flushing and cleaning.
(ix)
The water supply system from a rainwater tank shall be clearly
marked at intervals not exceeding 500 mm with the word
‘RAINWATER’ in contrasting colour, in accordance with AS 1345.
Water outlets shall be identified as ‘RAINWATER’, or with a
rainwater tap identified by a green coloured indicator with the
letters ‘RW’.
(x)
A suitable back up water supply using potable water must be
provided to ensure that essential services such as toilet flushing
are not contradicted where there is inadequate rainfall to meet
demand or the rainwater harvesting system fails.
(xi)
Rainwater tanks that are not directly connected with the potable
supply, the indirect connection shall be by means of a visible “air
gap” external to the rainwater tank, in accordance with the
provisions of the National Plumbing Code AS /NZS 3500 Minimum air gap requirements.
(xii) Where a rainwater tank is to be directly
Sydney Water supply, an appropriate
provided at the meter location on the
prevent backflow of rainwater. This
requirements of Sydney Water.
cross connected with the
testable device shall be
potable water supply to
device must meet the
(xiii) Water pumps are to be located so as not causing an “offensive
noise” as defined by the Protection of the Environment
Operations Act 1997 to any affected receiver.
(c)
Proximity to other services
(i)
(d)
That all rainwater pipes must be separated from any parallel
drinking water service. Above ground pipes must be 100mm
away and below ground 300mm away from any drinking water
pipe.
Marking and labelling
(i)
Above ground distribution pipes shall be continuously marked
‘RAINWATER’ in accordance with AS1345 - 1995. Alternatively,
adhesive pipe markers clearly labelled ‘RAINWATER’ made in
accordance with AS 1345 can be used.
(ii)
Below ground distribution pipes shall be continuously marked
‘RAINWATER’ at intervals not exceeding 500mm in accordance
with AS1345.
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(iii)
(e)
Monday 23 February 2015
All rainwater tank outlets, taps, valves and tank apertures shall
be identified as ‘RAINWATER’ with a sign complying with
AS1319 or a green coloured indicator with the letters ‘RW’.
Alternatively a permanent sign at the front of the premises and
visible to all visitors may be displayed advertising rainwater use.
Ongoing Maintenance / Monitoring
(i)
All rainwater tanks installed are to be maintained by the owner in
accordance with these provisions, the NSW Health Department
Circular no 2002/1 “Use of rainwater tanks where a reticulated
potable supply is available” and any other local water utility
requirements.
(ii)
The rainwater collection system shall be constantly inspected and
maintained in accordance with Part 2 of the Australian Guidelines
for Water Recycling – Stormwater Harvesting and Reuse - July
2009 and to the manufacturer’s instructions and any approved
maintenance plan so as to prevent risk of pathogenic microbial
contamination including legionella and microorganisms.
(70) HOURS OF WORK AND NOISE – OUTSIDE CBD
The hours of construction and work on the development must be as follows:
(a)
All work, including building/demolition and excavation work, and
activities in the vicinity of the site generating noise associated with
preparation for the commencement of work (eg. loading and unloading
of goods, transferring of tools etc) in connection with the proposed
development must only be carried out between the hours of 7.30am
and 5.30pm on Mondays to Fridays, inclusive, and 7.30am and 3.30pm
on Saturdays, with safety inspections being permitted at 7.00am on
work days, and no work must be carried out on Sundays or public
holidays.
(b)
All work, including demolition, excavation and building work must
comply with the City of Sydney Code of Practice for Construction
Hours/Noise 1992 and Australian Standard 2436 - 1981 "Guide to
Noise Control on Construction, Maintenance and Demolition Sites”.
Note: The "City of Sydney Code of Practice for Construction Hours/Noise
1992" allows extended working hours subject to the approval of an
application in accordance with the Code and under Section 96 of the
Environmental Planning and Assessment Act 1979.
(71) OCCUPATION CERTIFICATE TO BE SUBMITTED
An Occupation Certificate must be obtained from the Principal Certifying
Authority and a copy submitted to Council prior to commencement of
occupation or use of the whole or any part of a new building, an altered
portion of, or an extension to an existing building.
Monday 23 February 2015
242
(72) COVERING OF LOADS
All vehicles involved in the excavation and/or demolition process and
departing the property with demolition materials, spoil or loose matter must
have their loads fully covered before entering the public roadway.
(73) VEHICLE CLEANSING
Prior to the commencement of work, suitable measures are to be
implemented to ensure that sediment and other materials are not tracked
onto the roadway by vehicles leaving the site. It is an offence to allow, permit
or cause materials to pollute or be placed in a position from which they may
pollute waters.
SCHEDULE 2
The prescribed conditions in accordance with Clause 98 of the Environmental
Planning and Assessment Regulation 2000 apply to the development.
243
ITEM 10
Monday 23 February 2015
QUESTIONS ON NOTICE
QUESTIONS ON NOTICE
WARFIELD REPORT (S103141)
1.
By Councillor Mandla
Question
In August 2014, I asked the Lord Mayor a Question on Notice regarding Parking
Enforcement. This question asked the Lord Mayor to release the Warfield report
conducted by Warfield and Associates who were engaged in May 2012 to investigate
complaints and grievances made by staff within the Rangers’ Unit.
The Lord Mayor declined to release this report, citing that it contained personal and
confidential information and cannot be disclosed.
Will the Lord Mayor please release the report to Councillors with the personal and
confidential names redacted and other information redacted?
If not, will the Lord Mayor allow Councillors to view the report?
Would this report be eligible for release under Government Information (Public Access)
Act 2009 (GIPA Act)?
Answer by the Lord Mayor
The CEO will make the report available to Councillors on a confidential basis with
personal information redacted. In this redacted form, it could be eligible for disclosure
under the Government Information Public Access Act, subject to relevant considerations
under the Act, including consultation with people who may have concerns about
disclosure. Staff who participate in these investigations do so with the understanding that
the information they give to the investigator would be handled in confidence.
SUBSIDISED RENTS (S103141)
2.
By Councillor Mandla
Question
The City of Sydney Council introduced the Oxford Street Creative Spaces Program to
provide subsidised rents for creative tenants on Oxford Street.
1.
Is there a provision under the lease for the creative spaces program to allow the
Lessee to sublease or sub licence space or allow other occupancies?
2.
Does sub lease or sub licence require the consent of the Lessor?
3.
Are any leases sublet or licenced with or without Lessors consent that the City of
Sydney is aware of?
4.
How many Lessees have breached their lease terms for the Creative Spaces
Program?
Monday 23 February 2015
5.
244
What arrears exist under leases in respect of this program?
Answer by the Lord Mayor
Subleasing or licencing is permitted so that participants can operate co-located
workspaces, curated residency programs or co-working spaces on a membership basis.
There is no formal consent required to sub-lease or sub-license the property. Tenants
advise City staff of their intention to share space or sub-licence, and are guided by City
staff to ensure that they are compatible with the originally proposed and approved use.
Seven spaces currently have sub-licence arrangements.
All participants meet the conditions of their leases/licence and the specific performance
criteria set out for the Oxford Street Creative Spaces program. As of 31 January 2015,
two tenants are in arrears and have had a payment plan developed with City staff.
TRAFFIC LIGHT PLAN, EAST VILLAGE SHOPPING CENTRE ZETLAND (S103141)
3.
By Councillor Mandla
Question
Recently, the East Village Shopping Centre in Zetland opened.
The intersection between Defries Avenue and Gadigal Avenue in Zetland is very busy
and there is no safe place to cross.
What are Council’s plans in respect of pedestrian safety for this intersection?
Answer by the Lord Mayor
While in Victoria Park last year, residents spoke with me about the increase in pedestrian
and traffic volumes at the intersection of Gadigal Avenue and Wolseley Grove following
the recent opening of the East Village Shopping Centre (East Village). I asked the CEO
to follow up.
In December 2014, the City commissioned traffic and pedestrian counts at the
intersection, with the data sent to the Roads and Maritime Services (RMS) to consider
pedestrian improvements. Following the review, RMS agreed “in principle” that traffic
signals should be pursued at the intersection.
The City is now working collaboratively with the RMS to secure traffic signals at the
intersection and will endeavour to fast track their delivery once approval is granted.
INFORMING NON-RESIDENTIAL VOTERS OF THEIR FRANCHISE (S103141)
4.
By Councillor Mandla
Question
Before the 2012 City of Sydney Council election, the City of Sydney ran a campaign to
inform eligible non-residential voters within the local government area that they could be
eligible to enrol to vote.
245
Monday 23 February 2015
The city subsequently spent approximately $240,000 in respect of this exercise.
1.
How many were contacted in the mail out?
2.
Were the letters sent addressed?
3.
On what basis was it decided who was to be contacted?
4.
What databases or registers were utilised?
5.
What was the content of the letter?
6.
Was the Floorspace Survey Council conducts utilised?
Answer by the Lord Mayor
The NSW Electoral Commission decided on the required campaign for the 2012 council
elections. The City of Sydney funded the Commission’s program.
During the mail out by the Commission, 86,144 contacts were made; 48,574 of these to
business entities.
All letters were addressed to contacts identified by the NSW Electoral Commission from:
2008 Non-Residential Role data held by the NSW Electoral Commission, City of Sydney
ratepayer data, NSW Department of Fair Trading data, and databases of real estate
agents managing properties in the City of Sydney local government area.
A copy of the form letters will be distributed separately by email to Councillors.
Floorspace and Employment Survey (FES) information was not used.
WHISTLEBLOWER PROTECTION (S103141)
5.
By Councillor Mandla
Question
The Parliamentary inquiry into the conduct and progress of the Ombudsman’s inquiry
titled Operation Prospect involving the NSW Police Force is due to be released on 25
February 2015. Members of the press, the NSW Police Force and the NSW Ombudsman
have presented evidence to the enquiry. Some of the evidence presented relates to the
“pathways” available for the flow of evidence of corrupt or unethical conduct from whistle
blowers to the public arena and relevant statutory authorities. The enquiry’s report may
well address this issue.
1.
Will you, Lord Mayor, stand by your support of whistle blower legislation? In
particular, do you support the availability and access to workable “pathway” for
whistle blowers with evidence of corrupt or unethical conduct in the public sector?
2.
Should a potential or declared whistle blower or a number of such persons arise
from within Council’s bureaucracy:
Monday 23 February 2015
246
a.
Will you, Lord Mayor, give an undertaking that your office will remain
neutral where critical evidence by an identified potential or declared
whistle blower relates solely to the workings of the Council’s
bureaucracy? In particular, that public statements in relation to material
identified by any such person relating to the workings of the Council
bureaucracy would be recognised as the province of the CEO or the
CEO’s delegated representative?
b.
Will you, Lord Mayor, give an undertaking you will not sign off on
punishment, demotion, dismissal or suspension of identified potential or
publicly declared whistle blowers from within Council’s bureaucracy
without at least a full document review by yourself of material singled out
by any identified potential or publicly declared whistle blower?
c.
Will you ensure the CEO give an undertaking they will not sign off, initiate
or permit punishment, demotion, dismissal or suspension of identified
potential or publicly declared whistle blowers from within the Council’s
bureaucracy without at least a full document review by the CEO of
material identified by the potential or publicly declared whistle blower and
realistic assessment of this material?
d.
Will you ensure the CEO give an undertaking that they will issue a
direction to all staff that bullying of identified potential or publicly declared
whistle blowers will not be tolerated, outlining the disciplinary action which
will follow (bullying would include initiation of unfounded disciplinary
proceedings, threats of dismissal and threats of legal action)?
e.
Will you ensure the CEO seek independent legal advice as to whether the
Warfield report in its entirety can be:
f.
i.
released under freedom of information legislation;
ii.
released to Councillors;
iii.
released for access by the press and public;
iv.
referred to the elected Council or any government or statutory
authority.
Will you ensure the CEO outline the workings of Council’s document
destruction system, outlining the reasons for document destruction with
emphasis on how it relates to retention of emails between staff, with
particular attention to timelines?
Answer by the Lord Mayor
I strongly support whistle blower legislation, which was a core principle of the Charter of
Reform that my fellow Independents John Hatton, Peter MacDonald and I presented to
the Liberal Government when the 1991 state election resulted in a hung parliament.
Whistle blower legislation was among the last of the agreed reforms introduced the
Liberal Government, which sought to limit the way in which whistle blowers could make
disclosures. In particular, it unsuccessfully attempted to prevent whistle blowers going to
the media, when all other attempts at disclosure failed.
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Monday 23 February 2015
The CEO is responsible for the day-to-day operation of the City, which includes ensuring
appropriate culture, processes and policies to support “public interest disclosures”, as
whistleblowing is defined in legislation.
Public interest disclosures are dealt with at the City in accordance with the Public
Interest Disclosures Act 1994 and the Fraud and Corruption Internal Reporting Policy.
I adhere to my legal obligations, including under the Public Interest Disclosures Act. I am
confident that the CEO does the same.
The City’s Harassment and Bullying Policy is communicated to staff regularly. Record
and Document Management is undertaken in accordance with the NSW State Records
Act and associated standards and guidelines established by the State Records Authority
of NSW. It is City policy that any emails which constitute a record are stored in TRIM.
Under the State Records standards and guidelines, there is no requirement to keep
general emails for any particular length of time.
The CEO will make the Warfield report available as stated in response to Question 1.
STAFFING LEVELS (S103141)
6.
By Councillor Mandla
Question
Will the Lord Mayor provide the following information:
Staffing Workforce Services
1.
What is the staff complement of the Workforce Services Department of Council?
2.
How many of these staff are on contracts of employment?
3.
How many non-contract staff from Workforce Services Department have resigned
from Council since 1 November 2014?
4.
How many staff from Workforce Services Department who were on contracts of
employment have resigned from Council since 1 November 2014?
Staffing Rangers Unit
1.
Has a position at supervisor level been recently created in the Rangers’ Unit of
Council?
2.
What are the circumstances surrounding the creation of this position?
3.
Is this a permanent position?
4.
How was the selection of the person to occupy this position determined?
Position of Ombudsman
1.
Can a position of Ombudsman be created within Council’s bureaucracy with the
same speed as the recently created position in the Rangers’ Unit?
Monday 23 February 2015
248
2.
Can the Office of Local Government be contacted to obtain a recommended outline
of the powers and duties of the position of Internal Ombudsman?
3.
Within what timeline can the position of Ombudsman within Council be advertised
and filled?
Answer by the Lord Mayor
Staffing Workforce Services
Workforce Services comprises 37 staff positions. Seven of these are filled by staff on
fixed-term or temporary contracts (1 covering staff on secondment, 3 covering staff on
leave and 3 filling vacancies). Three non-contract and one temporary contract staff
members have resigned since 1 November 2014.
Staffing Rangers Unit
There has been no position recently created.
Position of Ombudsman
The City deals with complaints in accordance with our Complaints and Feedback
procedures, and Fraud and Corruption Internal Reporting Policy, which requires them to
be dealt with objectively, fairly and without bias.
Complaints alleging fraud and corruption or other probity issues by City staff or breaches
of the Code of Conduct or information or privacy complaints are dealt with by the
Governance Unit. Complaints about alleged misconduct by staff are dealt with by
Workforce & Information Services. Other complaints, such as about services, are dealt
with by Customer Service and the relevant City Division.
The City’s management of complaints is overseen by Council, the Audit Risk and
Compliance Committee and the CEO, as well as the Independent Commission Against
Corruption, the Ombudsman, the Privacy Commissioner, Information Commissioner and
the office of Local Government.
The NSW Ombudsman’s responsibilities include managing complaints about the conduct
of councillors, council employees and the administrative conduct of councils. This
position is completely independent - reporting to the NSW Parliament and can only be
removed from office by a decision of both Houses of Parliament.
The Deputy Ombudsman, Chris Wheeler, has advised that he does not support the
establishment of positions in councils with the title of “ombudsman” because it can lead
to confusion about roles.
The Office of Local Government has advised that it does not wish to express any view on
establishment of ombudsman positions. Its concern is that councils have an effective
complaints management framework. The Office is not in a position to provide an outline
of the powers and duties of an internal ombudsman position.
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Monday 23 February 2015
NUMBER OF BUSINESSES IN SYDNEY (S103141)
7.
By Councillor Mandla
Question
In the draft response to the City of Sydney Council’s response to the NSW Housing
Discussion Paper, it is stated that there are 22,000 businesses within the City of Sydney
Local Government area.
1.
How was this number derived?
2.
Has any assessment been conducted as to the number of businesses in the LGA?
3.
What methodologies, data sources and other resources have or will be applied to
assessing this?
Answer by the Lord Mayor
This figure is derived by taking the results from the 2012 Floor Space and Employment
(FES) and adjusting for growth since the FES was completed. The last FES counted
21,644 business establishments.
The FES involves physically visiting every building in the local area with non-residential
uses. Business establishments are defined as any commercial premises where business
activity employing staff occurs (including sole occupant / sole traders). Home-based
businesses are not counted, as the Survey does not enter residential dwellings. The FES
does not collect data on the legal structure of business establishments.
INCIDENTS INVOLVING PEDESTRIANS (S103141)
8.
By Councillor Mandla
Question
Pedestrian safety is an important issue within the Sydney Local Government Area,
especially with the introduction of shared paths.
1.
How many reported incidents involving pedestrians on shared paths have there
been over the past three years to the end of June 2014?
2.
How are these categorised?
3.
How is the data captured?
4.
How many incidents were there involving:
a.
Injuries
b.
Deaths
Answer by the Lord Mayor
Accident data is captured by NSW Police and is managed by the NSW Centre for Road
Safety. The latest crash data receive from the Centre is from 31 December 2013.
Monday 23 February 2015
250
From 1 January 2011 to 31 December 2013, 15 crashes were reported as occurring on
the footpath (which includes shared paths) or median and involving a pedestrian. These
resulted in 19 pedestrian injuries and 2 pedal cyclist injuries. None of these accidents
resulted in a fatality. Of these crashes, four involved a car, two involved a bus, one
involved a motorcycle, three involved an unknown motor vehicle and five involved a
bicycle.
COMMUNITY GROUPS (S103141)
9.
By Councillor Mandla
Question
The City of Sydney Council website maintains and displays a list of community groups. A
total of 51 community groups are listed.
1.
Is this list exhaustive?
2.
Are there any community groups excluded from the list; if so, why?
3.
What is the criteria, if any, for inclusion?
4.
How does a community group have its details entered onto the list?
5.
Do any of the listed community groups receive funding or grants from the City of
Sydney Council; if so, how much do they each receive?
Answer by the Lord Mayor
Some years ago, community groups requested that their details be made available for
via the City’s website. The list is generated by community groups providing their details
for listing. Groups can send an email to [email protected] as per
instructions on the website – including the purpose of the group and their contact details.
It is the responsibility of these groups to keep the City up-to-date with their details.
Any community group is able to apply for grants under the City’s grants and sponsorship
program. Applications are assessed and recommended grants are reported to Council,
with the final decision made by Council.
PARKING PATROLS (S103141)
10.
By Councillor Mandla
Question
How often do rangers patrol one hour parking zones in the Parking Area 13 South
Paddington and Centennial Park during each day of the week?
What manpower is allocated to this area? Please describe it in terms of hours, shifts and
days of the week. If there is a roster for the area, please provide the details, with
personal details or other identifying details redacted, if necessary.
What is the basis of determining how manpower is allocated in this area?
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Monday 23 February 2015
How many infringement notices were issued in respect of exceeding the 1 hour time limit
for standing contrary to notice.
How many parking rangers does the City of Sydney Council employ?
What is the total cost of workers’ compensation claims paid in the last three financial
years in respect of the Rangers Unit?
Answer by the Lord Mayor
South Paddington/Centennial Park is one of the most intensively patrolled residential
neighbourhoods in the City, including a high number of evening and weekend parking
patrols. Extra patrols are routinely scheduled to coincide with sporting and other events
at Moore Park. On average this area is patrolled 5 days a week between 7am - 10pm.
Staff are rostered on 8 hour shifts from Monday to Sunday in the area, with shifts starting
at either 7am or 2pm. During special events in the area, including all day sporting events,
staff may be allocated to the area for up to 12 hours a shift to effectively patrol the area
while the event is occurring.
Staff allocation is determined by the level of parking control restrictions, scheduled
events and the level of parking complaints received for an area. Motorist compliance
rates are also considered.
In the 2014 calendar year, rangers issued 4,432 penalty notices in South Paddington/
Centennial Park. 3,937 of these penalty notices were issued to vehicles for overstaying
the permitted time. In the first six weeks of 2015, rangers have issued 622 penalty
notices, with 560 of these issued to vehicles which overstayed the permitted time.
The City employs 94 parking rangers.
The figures below include all workers’ compensation costs paid in the last three years in
respect of the Rangers’ Unit. This includes all costs in the period, including those costs
attributable to injuries from previous years.
Year
Paid
2011/12
$708,347.72
2012/13
$421,142.20
2013/14
$344,765.99
Four significant injuries account for 45% of these costs:
Injury
Worker attacked by a member of the public. Sustained
serious injury
Worker tripped in public domain. Sustained serious injury
Worker attacked by a member of the public. Sustained
serious injury
Worker tripped and fell in public domain. Sustained multiple
injuries
2011- 2014 Total
$261,714.37
$157,453.54
$131,536.34
$116,587.78
Monday 23 February 2015
252
LEAKY DRAINS (S103148)
11.
By Councillor Forster
Question
In June 2014, Council endorsed my Motion to investigate the implementation of a “leaky
drains” project across the suburb of Chippendale, and to report back the results of that
investigation, before the end of January 2015. In the CEO Update of January 9, 2015, it
was stated that a feasibility assessment was underway and once completed would be
reported to Council. What is the progress of this feasibility assessment and when is it
expected to be reported to Council?
Answer by the Lord Mayor
The feasibility assessment has been completed and staff are preparing a report.
COMMUNITY SUPPORT ACTIVITY AT HARRY JENSEN CENTRE, MILLERS POINT
(S103148)
12.
By Councillor Forster
Question
The CEO Update of 9 January 2015 included information about community support
activities at Harry Jensen Centre in Millers Point. These include free computer tutoring,
bus trips, learn to play music lessons and painting classes. The memo also indicated that
the centre is currently operating on extended opening hours.
1.
How many people are taking part in each activity listed above, and what are the
costs associated with each activity?
2.
What is the cost associated with the extended operating hours of the centre?
3.
Are these activities being funded under the grant approved on 3 September 2014?
4.
If not, which budget item includes the cost of these activities and the extended
opening hours?
Answer by the Lord Mayor
Approximately six people attend free computer tutoring per week at a cost of $120 per
weekly session.
Approximately 14 people attend each bus trip. Bus trips are provided quarterly by the
City’s Direct Services, Community Transport Service. Costs associated with the
provision of bus trips include: drivers at $42.50 per hour and fuel costs at $0.38 per km.
Approximately three people attend learn to play music lessons per week provided free of
charge by a resident volunteer tutor.
Approximately nine people attend painting classes per week at a cost of $120 per weekly
session. There is a $5 cost to participants per class.
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Since April 2014, the centres opening hours have been extended by half an hour to 9 am
to 4 pm from the standard hours of 9:30 am to 3:30 pm. Community Services Workers
are rostered from 9 am to 4:30 pm Monday to Friday, and have accommodated these
extended hours within existing shifts and the centre staffing budget.
These activities are not being funded under the grant approved on 3 September 2014
and are funded from the City Spaces normal operating budget. Programing, events,
contract, and casual budget line items have been used as part of the Centre’s regular
schedule of activities.
CYCLING IN THE CITY TRAINING COURSE (S103148)
13.
By Councillor Forster
Question
Approximately 550 people per year complete the ‘Cycling in the City’ training course that
aims to teach low-risk, responsible riding to residents and workers so they have sufficient
knowledge and confidence to ride around the city. Bicycle maintenance courses, cycling
courses for schools and balance bike clinics for young children are also offered by the
City. What is the cost to the City for each of the courses listed above?
Answer by the Lord Mayor
Council approved the tender for a contract to provide cycling courses on 10 December
2012. The contract was awarded based on a schedule of rates for five years from April
2013 to 2017. The schedule of rates is confidential, in accordance with section
10A(2)(d) of the Local Government Act 1993, but may be viewed by Councillors on
request to the CEO.
INTERNATIONAL STUDENT LEADERSHIP AMBASSADOR PROGRAM (S103148)
14.
By Councillor Forster
Question
The International Student Leadership and Ambassador program is a two-year pilot
program run by the City of Sydney. Its goal is to give international students the skills to
become leaders and, in their role as ambassadors, to develop and deliver events that
increase the engagement of international students with each other, with other local
students and with the community.
1.
What is the total cost associated with the International Student Leadership
Ambassador Program?
2.
What are the future plans for the program, following the conclusion of the two-year
pilot program?
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254
Answer by the Lord Mayor
The International Student Leadership Ambassador Program (ISLA) pilot program was
provided for a total of 41 students at a cost of $38,000, and was supported by Senior
Community Program Officer staff time of approximately 2 days per week over the two
year period. In 2014 the program was awarded the International Student Community
Engagement Award – Organisation/Community Category by StudyNSW and the NSW
Department of Premier and Cabinet.
An independent review on the first year outcomes of the pilot program by the University
of Technology Sydney, Centre for Local Government found that the program was an
effective and appropriate platform to support and engage international students living
and studying in Sydney. The evaluation supported the continuation of the program,
seeing it as an important initiative that recognised the economic and social value of
assisting international students in the City of Sydney.
The program has continued in 2015, with a new intake of 41 international student
ambassadors commencing in the program in January. A follow-up evaluation of the
program is planned for September 2016 when the new ambassadors complete the
program. If the review shows that the program continues to be successful in delivering its
intended outcomes, a third intake of international students to participate in the program
in 2017 would be considered.
101 SEMINAR SERIES (S103148)
15.
By Councillor Forster
Question
The City’s 2014 Business 101 Seminar Series aims to improve business knowledge and
capacity, as well as help potential new business operators understand the complexities
of setting up and running a small business, and the relevant Council approval processes.
The 2014 seminar series attracted 1,156 people. What was the total cost to the City of
the 2014 Business 101 Seminar Series?
Answer by the Lord Mayor
The total costs to the City to deliver 10 “Business 101” seminars in 2014, including
technical costs, catering, equipment hire, recording for podcasts, advertising and
facilitator, are $69,170. The City uses its own venue at Customs House.
90 BURROWS ROAD ALEXANDRIA (S103148)
16.
By Councillor Forster
Question
On 2 July 2014, a fire broke out in an industrial area in Alexandria, where it was
discovered a number of individuals were illegally lodged in old minibuses, a shipping
container and a caravan. Council’s investigations into the fire and alleged illegal activities
are ongoing.
1.
Why has the investigation taken so long?
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Monday 23 February 2015
2.
In a memo related to the incident in the CEO Update of 12 December 2014, it was
stated that: “Work continues on establishing stronger relationships with external
stakeholders such as NSW Police and Fire and Rescue NSW.”
3.
Why does the City not already have strong and effective relationships with these
stakeholders?
Answer by the Lord Mayor
The Health and Building investigation of this matter commenced on 3 July 2014 with
officers taking necessary compliance action to make the site safe. The site was secured
within days of the incident and damaged and dangerous buildings subsequently
demolished at the order of Council.
The complexity of this investigation, the number of potential breaches, and the need to
ensure the investigation is done thoroughly to meet a criminal standard have required a
significant number of interviews to be undertaken and evidence to be collected from a
range of sources. Obtaining statements from key witnesses is now complete. This task
was challenging, however, due to the transient nature of some of the tenants and their
reluctance to speak with Council on the matter.
It is anticipated that the legal review of this evidence may take several months, and may
involve further attempts to gather additional evidence prior to determining what, if any,
charges may be pursued. The City has until 2 July 2016 to commence any prosecution
which may be recommended.
The City’s Health and Building Unit has met regularly with NSW Police and Fire and
Rescue NSW for some time and has a strong relationship. Since the Burrows Road fire
and other incidents such as unauthorised short term accommodation in Quarry Street,
Ultimo, the City has worked on further operational links with these agencies. A
memorandum of understanding is being considered to formalise these arrangements.
BENNETT AND FANNY PLACES, SURRY HILLS (S103148)
17.
By Councillor Forster
Question
Shared zones in Bennett and Fanny Places, Surry Hills were endorsed by the Local
Pedestrian, Cycling and Traffic Calming Committee (LPCTCC) in April 2011, following
consultation with local residents. A letter was sent to local residents on 5 January 2015
advising that the works were planned to commence in three weeks. A subsequent letter
was sent advising a revised start date of Monday 9 February 2015. Why has it taken
almost four years since endorsement by the LPCTCC for construction of the shared
paths to begin?
Answer by the Lord Mayor
The Shared Zones in Bennett and Fanny Places, Surry Hills were endorsed by the Local
Pedestrian, Cycling and Traffic Calming Committee (LPCTCC) in April 2011.
In May 2011, shortly following LPCTCC endorsement, City staff submitted an application
to Roads and Maritime Services (RMS) seeking formal approval for Shared Zones in
Bennett and Fanny Places. The City can only install Shared Zones following formal
approval from the RMS.
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256
Formal RMS approval of the two Shared Zones was not received until July 2012, more
than 12 months after the application was submitted by the City for consideration.
Following RMS approval, the City was then required to obtain approval from Sydney
Trains, given that construction of the two Shared Zones would come in close proximity to
their assets. It was hoped that this approval would be obtained to enable the project to
be delivered in the 2013/14 financial year. Unfortunately the approval from Sydney
Trains was not received until 24 December 2014 – it’s another example of State
Agencies holding up our work.
Both Shared Zones are now under construction and will be completed early March, just
three months after receiving all required State Government approvals.
NEIGHBOURHOOD PARKING POLICY – VISITOR/BUSINESS PERMITS (S103148)
18.
By Councillor Forster
Question
Will Car Share cars be issued with visitor and/or business parking permits under the new
Neighbourhood Parking Policy?
Answer by the Lord Mayor
The City issues visitor parking permits to households only. It is up to the households how
they use the permits, which may include car share vehicles if the driver is provided one
while visiting an eligible households.
Car sharing vehicles are not eligible for Business Parking Permits.
INFORMATION AND NOTIFICATION ABOUT WIRELESS MICROPHONE SPECTRUM
SWITCH-OFF (S103147)
19.
By Councillor Vithoulkas
Question
On 1 January 2015, wireless microphone spectrum was reclaimed as a result of changes
to spectrum allocation following the switch from analogue to digital television.
The reclaiming of spectrum meant that wireless microphone users in the City of Sydney
were no longer able to operate their existing equipment from 1 January 2015 on existing
frequencies. Spectrum changes meant that individuals and groups using wireless
microphones had to upgrade or retune their equipment to be able to continue to use it.
This change affected small business owners, not-for-profit and community groups as well
as religious organisations and more.
To my knowledge, there was no formal notification via email or post from the Australian
Communications and Media Authority in relation to this change so that individuals and
groups could plan for the changes.
1.
Does the City of Sydney have a formal process for information sharing with State
and Federal Governments at a department and agency level to ensure that
residents and businesses are aware of impending changes that may impact them?
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Monday 23 February 2015
2.
Did the City of Sydney publish a notification about the wireless microphone switchoff prior to the cut-off date of 1 January 2015? If so, how was this done?
3.
How does the City of Sydney determine whether it will share information from other
levels of government that may be particularly relevant to the Local Government
Area?
Answer by the Lord Mayor
Communicating changes made by State and Federal Government departments or
agencies is the responsibility of the relevant department or agency. In relation to this
issue, the Australian Communications and Media Authority (ACMA) advised City staff
that their communication timeline and strategy was detailed on their website, including
working closely with industry and consumer groups to raise awareness of the changes.
In this instance, information about the change was posted on the City’s Creative City
Sydney blog on 18 December 2014. Cultural strategy staff consulted with Music NSW,
the Live Music Office and Live Performance Australia in early December 2014. All
agencies indicated the live music and performance sector was well aware of the
impending changes. Music NSW and Live Performance Australia informed the City they
had undertaken their own awareness campaigns.
CONSTRUCTION SITE SAFETY (S103142)
20.
By Councillor Scott.
Question
Does the City have a policy to deal with deaths on construction sites within the City of
Sydney local government area?
What actions, if any, does the City take when alerted to a death on a construction site?
Answer by the Lord Mayor
Deaths on construction sites within the City of Sydney Local Government Area fall under
the responsibility of WorkCover NSW.
RECONCILIATION ACTION PLAN (S103142)
21.
By Councillor Scott
Question
Has work commenced on the first City of Sydney Reconciliation Action Plan (RAP)?
Is City of Sydney planning to enter into a Stretch RAP to enable the setting of
measurable outcome targets for recruitment, retention, and promotion of employment
strategies in particular?
When will the RAP be brought to Council for consideration?
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258
Answer by the Lord Mayor
The City’s Reconciliation Action Plan is currently being developed. The category for the
Plan will be determined as the Plan is developed. The Chief Executive Officer tells me
the Plan will be ready for consideration by Council in 2015.
HOUSING DISCUSSION PAPER AND SYDNEY HOUSING DIVERSITY FORUM
(S103142)
22.
By Councillor Scott
Question
When will the Housing Discussion Paper be brought to Council for consideration and
public exhibition?
When will the Sydney Housing Diversity Forum be held?
Answer by the Lord Mayor
The Housing Discussion Paper will be ready shortly for consideration by Council,
followed by public exhibition. The Sydney Housing Diversity Forum, now titled Fixing
Sydney's Housing Crisis Summit, will be held on Thursday 12 March 2015. Details are
available in the Key Diary Dates provided by the Chief Executive Officer.
PARKING (S103142)
23.
By Councillor Scott
Question
In 2013/2014, how many fines were issued by the City of Sydney for cars parked in car
share scheme parking spaces?
What is the amount of the fine issued by the City of Sydney for parking in a car share
scheme parking space?
What is the gross revenue for 2013/2014 received by the City of Sydney from fines in car
share scheme parking spaces?
What is the total number of car parking spaces in the City of Sydney?
How is this broken down by zoning, eg, car share parking spaces, loading zone spaces?
What is the gross revenue from parking fines received by the City of Sydney for
2013/2014, broken down by zoning, eg, car share parking space infringements, loading
zone infringements, no stopping zone infringements, timed parking infringements?
How many parking spaces are available to residents in the Surry Hills area (Areas 18,
25, 27, and 29, plus a small area of the CBD bounded by Oxford Street, Pelican Street,
Goulburn Street, and Wentworth Avenue)?
Following the commencement of the CSELR light rail project construction, will there be a
loss of total parking spaces in these zones? If so, how many?
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Monday 23 February 2015
Answer by the Lord Mayor
Car share zones are sign posted “No Parking - Car Share vehicles excepted”, and fines
in these areas are categorised as a general ‘No Parking’ offence. It is not possible to
separate fines issues specifically to vehicles parked in car share scheme parking zones.
The fine is currently $104.
It is not possible to provide a single absolute number of car parking places within the
City’s Local Government Area (LGA). The Australian Standards consider a parallel
parking space to be generally six metres in length. However, cars are smaller on
average, increasing the number of vehicles that can park in the space, depending on the
size of gaps, which varies. Parking restrictions also change across a day, including
Clearway restriction during peak periods that permits parking at other times.
Taking these issues into account, there are about 40,000 on-street parking spaces
across the LGA.
Given that on-street parking restrictions in the City's LGA can change multiple times over
a 24-hour period, are affected by construction activities and special events, it is not
possible to provide an accurate total of parking zones in operation. As a general rule, onstreet parking restrictions reflect the parking demand of the local area and the needs of
the adjacent land uses.
The total gross revenue from parking fines received by the City for 2013/2014 was
$32,666,984. The rangers issue penalty notices for more than 80 different offences. As
indicated above, fine classifications do not align with zones.
The CSELR project will remove approximately 150 parking spaces along the Devonshire
Street corridor and some adjacent streets. TfNSW and City staff are investigating options
to reduce the loss of parking to assist businesses and residents.
UPDATE ON SKATE PARKS
24.
By Councillor Doutney
Question
The City has made a number of public statements over recent years regarding skate
parks in the local government area. Can the Lord Mayor please provide an update on the
various skate parks in the City including Johnston’s Creek Parklands, Barangaroo,
Sydney Park and the William Street site? Has there been any progress on realising any
of these projects? Have any meetings taken place with the NSW Government or other
stakeholders? Is the City currently developing any detailed plans or proposals? Please
provide details on any scoping or design work on the Johnson’s Creek site. Are there
any other sites being considered in the LGA for skate facilities?
Answer by the Lord Mayor
The Johnstons Creek Parklands Master Plan Works – Project Scope was endorsed by
Council in December 2014. The City is currently commissioning design for the new open
space at the Crescent, which will include a skate space. It is anticipated public
consultation will be undertaken mid-year.
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260
The same report also noted: “In addition to the proposed new skate facility at The
Crescent, investigations will be accelerated to identify suitable locations for additional
skate facilities in Sydney Park and Green Square, which have been identified as suitable
locations for skate Facilities.”
A new skate space is included in the winning Gunyama Park and Green Square Aquatic
scheme. The competition design is being developed and the first round of community
consultation will be undertaken in March.
A youth orientated play area including basketball hoop, table tennis and skate-able
moments is proposed as part of the community & creative hub on the former South
Sydney Hospital Site in Green Square. Design for this portion of the former hospital
grounds is currently being commissioned.
Feasibility investigations will be undertaken this year for locating a skate space within
Sydney Park.
Late last year City staff met with members of the Sydney Skate Association to seek input
into possible skate park sites in the Green Square area, discuss proposed facilities, and
inform the upcoming design and consultation processes.
The State Government has committed to 50% of Barangaroo being public open space
The City has been advocating for the provision of a skate facility at Barangaroo within
this space. In September 2014, the City made a submission to the Central Barangaroo
Registrations of Interest for Tenant and Use Identification which was to focus on civic
and cultural uses for the Central precinct. As part of this submission the City
recommended the Barangaroo development incorporate outdoor skate facilities within the
public domain. The Barangaroo Delivery Authority is responsible for managing the development of
the Barangaroo site including the design of the public domain for the State Government.
The land at William Street, Woolloomooloo is not being pursued for a skate facility. The
RMS, which has previously refused permission and is seeking to sell the site for
commercial use.
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ITEM 11
Monday 23 February 2015
SUPPLEMENTARY ANSWERS TO PREVIOUS QUESTIONS
A supplementary Answer to a Question on Notice was as follows:
Question on Notice – Council 15 September 2014
LEGAL MATTERS (S103141)
16.
By Councillor Mandla
Question
The City of Sydney conducts a large number of legal matters in a variety of jurisdictions
as an Applicant and Respondent. The conduct of legal matters is a substantial cost and
the City of Sydney devotes substantial resources to the conduct of matters.
Please advise:
1.
The number of matters that were commenced against the City of Sydney in all
jurisdictions in the 2014, 2013 and 2012 financial years by jurisdiction.
2.
The number of matters that were commenced by the City of Sydney in all
jurisdictions in the 2014, 2013 and 2012 financial years by jurisdiction.
3.
The number of matters that were resolved with judgement or verdict in the City of
Sydney favour during the 2014, 2013 and 2012 financial years.
4.
The number of matters that were resolved with judgement or verdict against the
City of Sydney during the 2014, 2013 and 2012 financial years.
5.
The number of matters that were withdrawn or abandoned by the City of Sydney in
the 2014, 2013 and 2012 years by jurisdiction.
6.
The number of matters that were withdrawn or abandoned against the City of
Sydney in the 2014, 2013 and 2012 financial years.
7.
The total legal costs that were paid by the City of Sydney to other parties in legal
proceedings as a result of cost orders against the City of Sydney in the 2014, 2013
and 2012 financial years.
8.
The total legal costs that were recovered by the City of Sydney from other parties
in legal proceedings in the 2014, 2013 and 2012 financial years.
Answer by the Lord Mayor
With the exception of the particulars of legal costs paid to other parties in legal
proceedings as a result of cost orders against the City of Sydney, the information
requested is contained within the annual report of Council each year. Information
relating to the 2012 financial year can be located at p.32-33 of the City of Sydney
Statutory Returns and Financial Statements 2011/12. Information relating to the 2013
financial year can be located at p.23-24 of the City of Sydney Statutory Returns Annual
Report 2012/13. Information relating to the 2014 financial year will be circulated
separately by CEO update pending its formal release in the annual report.
Monday 23 February 2015
262
The total legal costs that were paid by the City of Sydney to other parties in legal
proceedings as a result of costs orders against the City of Sydney for the 2012, 2013
and 2014 financial years were as follows:
2011/12
2012/13
2013/14
$58,785.98
$62,269.43
$40,050.00
Supplementary Answer
A question on notice in relation to legal matters was partially answered on 15 September
2014. At the time information was provided in full in relation to the 2011/12 and 2012/13
financial years and partially in relation to the 2013/14 financial year. The balance of the
information requested can be found at p.21 of the City’s 2013/14 annual return
http://www.cityofsydney.nsw.gov.au/__data/assets/pdf_file/0008/219968/Annual-Report2013-14.pdf.
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Monday 23 February 2015
Adjournment
At this stage of the meeting, at 10.35pm, it was moved by the Chair (the Lord Mayor),
seconded by Councillor Kemmis –
That the meeting be adjourned for a short period of time.
Carried.
At the resumption of the meeting of Council at 10.45pm, those present were –
The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla, Mant,
Scott and Vithoulkas.
ITEM 12
NOTICES OF MOTION
Order of Business
At this stage of the meeting, in accordance with Clause 239(2) of the Local Government
(General) Regulation 2005, Council resolved that the Order of Business be altered such
that Item 12.7 be brought forward and dealt with before Item 12.1.
SPORTING INFRASTRUCTURE NEEDS ANALYSIS (S103133)
7.
Moved by Councillor Scott, seconded by Councillor Forster -
It is resolved that:
(A)
Council note:
(i)
the changing demographics and population growth in the City of Sydney local
government area, creating significantly higher levels of demand for the City’s
sporting infrastructure;
(ii)
the Resolution of Council (25 August 2014), Bays Precinct Collaborative
Agreement Engagement, and Council’s support for the Bays Precincts
communities’ core public interest principles; and
(iii)
the adoption of the Open Space and Recreation Needs Study by Council in
March 2007;
(B)
Council support the inclusion of sporting infrastructure and active open space as
part of the urban renewal of the Bays Precinct; and
(C)
the Chief Executive Officer be requested to:
(i)
commission a needs-based analysis for open space and sporting
infrastructure, including current levels of demand from organised sporting
communities, changes to the demographics in the City of Sydney and
surrounding areas, and opportunities arising from the large-scale urban
renewal of public land, and incorporate this analysis into an updated Open
Space and Recreation Needs Study prior to April 2015; and
Monday 23 February 2015
(ii)
264
provide a plan of action based on the updated Open Space and Recreation
Needs Study to upgrade existing sporting infrastructure and deliver new
sporting infrastructure in the City of Sydney.
Amendment. Moved by Councillor Kemmis, seconded by Councillor Green –
That the motion be amended such that it read as follows:
It is resolved that:
(A)
Council note:
(i)
the changing demographics and population growth in the City of Sydney
Local Government Area (LGA), creating significantly higher levels of demand
for the City’s sporting infrastructure;
(ii)
the City’s Open Space and Recreation Needs Study was adopted by Council
in March 2007 providing the strategic direction to further develop and
enhance open space and recreation facilities in the local area;
(iii)
that, since 2007, the City has implemented a significant number of the
Study’s recommendations, improving existing and delivering new open space
and recreation facilities across the LGA;
(iv)
its previous support (25 August 2014) of the Bays Precincts communities’
core public benefit principles, in particular the continuous public access to the
harbour foreshore and that a significant proportion of publicly owned lands be
retained for public uses, including open space; and
(v)
that the ‘Spaces to Play’ campaign was launched on 14 February 2015,
calling on the State Government to commit to including seven to 10 sporting
fields in the Bays Precinct urban renewal to address a chronic shortage of
action recreation space in the inner west;
(B)
Council continue to strongly advocate for a range of community and recreational
facilities, including sporting infrastructure, and new open space be an integral part
of all urban renewal projects such as Bays Precinct, Central to Eveleigh, and
Australian Technology Park; and
(C)
Council request that the Chief Executive Officer provide an update to Councillors
about the current work being undertaken by City staff to update the Open Space
and Recreation Needs Study.
The amendment was carried on the following show of hands –
Ayes (9)
The Lord Mayor, Councillors Doutney, Forster, Green, Kemmis, Kok, Mandla,
Mant and Vithoulkas
Noes (1)
Councillor Scott.
Amendment carried.
The substantive motion was carried unanimously.
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Monday 23 February 2015
VISITOR PARKING PERMITS – NEIGHBOURHOOD PARKING POLICY (S103139)
1.
Moved by Councillor Forster, seconded by Councillor Mandla -
It is resolved that:
(A)
Council note that, in Section 8.4 of the Neighbourhood Parking Policy, endorsed by
Council in May 2014, it was stated that “Visitor permits will be issued with a
minimum of 12 months validity.”; and
(B)
the Chief Executive Officer be requested to amend the wording of the Policy to
state that “Visitor permits will be issued with a maximum of 12 months validity.”
The motion was lost on the following show of hands –
Ayes (2)
Councillors Forster and Mandla
Noes (8)
The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant, Scott and
Vithoulkas.
Motion lost.
DOT SYDNEY WEB ADDRESS (S103139)
2.
Moved by Councillor Forster, seconded by Councillor Mandla -
It is resolved that:
(A)
(B)
Council note:
(i)
on 16 February 2015, New South Wales Minister for Finance and Services
Dominic Perrottet announced that the Baird government, ARI Registry
Services and a selection of Sydney’s most recognised businesses had joined
forces to officially launch a .sydney (dot Sydney) domain name;
(ii)
the launch means that from 17 February 2015 eligible residents and business
will be able to register websites with a domain name ending .sydney;
(iii)
the new domain name offers an innovative way for local businesses to emarket themselves as Sydney-based;
(iv)
businesses can take advantage of the new domain name to attract visitors to
their websites, which in turn could generate increased numbers of customers
based both locally and overseas; and
the Chief Executive Officer be requested to:
(i)
engage with the NSW State Government, ARI Registry Services and other
stakeholders to investigate ways in which the City of Sydney can participate
in promoting the .sydney domain name; and
(ii)
implement programs to inform local residents and businesses about the new
domain name and ways in which they can use it to promote their businesses
and services.
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266
Variation. At the request of Councillor Kok, and by consent, the motion was varied such
that it read as follows:
It is resolved that:
(A)
(B)
Council note:
(i)
the City has been involved in a continuous process of collaboration with the
State Government through the Department of Premier and Cabinet since
2012 to make an application for the .sydney domain on behalf of all residents
and businesses in NSW;
(ii)
on 16 February 2015, the New South Wales Minister for Finance and
Services, Dominic Perrottet, announced that the Baird Government, ARI
Registry Services and a selection of Sydney’s most recognised businesses
had joined forces to officially launch a .sydney (dot Sydney) domain name;
(iii)
the launch means that from 17 February 2015 eligible residents and
businesses will be able to register websites with a domain name ending
.sydney;
(iv)
the new domain name offers an innovative way for local businesses to emarket themselves as Sydney-based;
(v)
BridgeClimb Sydney and the City’s own What’s On Sydney (whatson.sydney)
are among the first businesses to use the .sydney domain and will act as
official ambassadors; and
(vi)
businesses can take advantage of the new domain name to attract visitors to
their websites which, in turn, could generate increased numbers of
customers based both locally and overseas; and
the Chief Executive Officer be requested to inform local residents and businesses
about the new domain name and ways in which they can use it to promote their
businesses and services.
The motion, as varied by consent, was carried unanimously.
INNER CITY HIGH SCHOOL (S103139)
3.
Moved by Councillor Forster, seconded by Councillor Mandla -
It is resolved that:
(A)
Council note:
(i)
for many years successive NSW Labor Governments have ignored the
growing need for a new comprehensive public high school in the Sydney
Local Government Area;
(ii)
a local high school would serve the increasing numbers of families choosing
to live in the inner city; and
267
(iii)
(B)
Monday 23 February 2015
on 15 February 2015, New South Wales Minister for Education Adrian Piccoli
announced that a re-elected Baird government would fund a new $60 million
comprehensive public high school on Chalmers Street, Surry Hills, which
would be expected to open in 2020; and
the Chief Executive Officer be requested to:
(i)
write to the Minister and the Department of Education and Communities
seeking advice as to what actions the City of Sydney can take to facilitate
and support the project, should the Baird government be re-elected; and
(ii)
report back to Council on the results of that advice.
Foreshadowed motion. Council Kemmis foreshadowed that, should the motion moved
by Councillor Forster be lost, she would move the following alternative motion:
It is resolved that Council:
(A)
note the Baird Government’s pre-election commitment to fund a new $60 million
comprehensive public high school on Chalmers Street, Surry Hills, expected to
open in 2020, subject to the privatisation of public assets;
(B)
commend:
(i)
the extensive inner city community campaign, led by Community for Local
Options for Secondary Education, which has included collecting thousands of
petition signatures, engaging in regular consultation with the Education
Department, and actively lobbying the Government on the need for a
comprehensive inner-city high school; and
(ii)
the strong advocacy by the Independent Member for Sydney, Alex
Greenwich MP, who has consistently and persistently pursued this issue
since before his election in October 2012;
(C)
call upon the NSW Labor Opposition to commit to building a new inner city
comprehensive public high school (noting that successive NSW Labor
Governments ignored the increasing need for a new high school over many years);
(D)
call upon the incoming government to immediately proceed with the new high
school, given the increasingly urgent need, with a projected opening date of earlier
than 2020;
(E)
strongly oppose that the provision of this vital public infrastructure should be
dependent on the privatisation of public assets; and
(F)
request the Chief Executive Officer to begin discussions with the NSW Department
of Education to seek solutions for the issues associated with locating the proposed
new comprehensive high school on the Cleveland Street site, including heritage
protection and provision of adequate sporting and recreational facilities.
Councillor Forster withdrew her Notice of Motion.
Monday 23 February 2015
268
THE HON. TOM UREN AC (S103133)
4.
By Councillor Scott
Note – This matter was dealt with an earlier stage of the meeting (see page 15).
JAMES LESLIE “LES” MCMAHON (S103133)
5.
By Councillor Scott
Note – This matter was dealt with at an earlier stage of the meeting (see page 16).
PAUL O’GRADY (S103133)
6.
By Councillor Scott
Note – This matter was dealt with at an earlier stage of the meeting (see page 16).
SPORTING INFRASTRUCTURE NEEDS ANALYSIS (S103133)
7.
By Councillor Scott
Note – This matter was dealt with at an earlier stage of the meeting (see page 263).
SYDNEY MARINE PARK (S103133)
8.
Moved by Councillor Scott, seconded by Councillor Doutney -
It is resolved that Council:
(A)
note the City of Sydney Council has a history of collaborative projects to support
the Sydney Harbour environment;
(B)
note that the creation of a Sydney Marine Park would protect and conserve the
habitat of over 3000 species of marine flora and fauna in Sydney Harbour;
(C)
support the creation of a Sydney Marine Park to protect the habitat of marine flora
and fauna throughout Sydney Harbour;
(D)
write to the Premier, the Hon. Mike Baird MP, and the Minister for the Environment,
the Hon. Rob Stokes MP, seeking their bi-partisan support for the creation of a
Sydney Marine Park; and
(E)
request the Chief Executive Officer to investigate opportunities for further
collaborative projects to support the preservation of flora and fauna in Sydney
Harbour, and report back via the CEO Update to all Councillors.
Variation. At the request of Councillor Green, and by consent, the motion was varied by
the deletion of clauses (D) and (E) and the substitution of a new clause (D) as follows:
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(D)
Monday 23 February 2015
note that the Sydney Coastal Councils Group, of which the City has been a
member since 1990 and hosts the Secretariat, has written to all major parties in
NSW seeking action on a broad program to support harbour and marine
environment, including the establishment of a Harbour Marine Park.
The motion, as varied by consent, was carried unanimously.
RAINBOW FAMILIES KIT (S103133)
9.
Moved by Councillor Scott, seconded by Councillor Forster -
It is resolved that:
(A)
Council note the launch of the OUTspoken Families resource kit in Victoria; and
(B)
the Chief Executive Officer be requested to commission a resource kit and online
resource for Sydney rainbow families.
Foreshadowed motion. Council Green foreshadowed that, should the motion moved by
Councillor Scott be lost or withdrawn, she would move an alternative motion.
A show of hands on the motion resulted in an equality of voting as follows –
Ayes (5)
Councillors Doutney, Forster, Mandla, Scott and Vithoulkas
Noes (5)
The Lord Mayor, Councillors Green, Kemmis, Kok and Mant.
The Chair (the Lord Mayor) exercised her casting vote against the motion.
The motion was declared lost.
Councillor Green then moved her foreshadowed motion, seconded by Councillor Scott,
as follows:
It is resolved that Council:
(A)
note that the OUTspoken Families: a resource kit for Rainbow Families, is a
community based project produced with the support of the Rainbow Families
Council, a Victorian community organisation which supports and promotes equality
for families with lesbian, gay, bisexual, transgender or intersex parents;
(B)
recognises and respects the principle of autonomy and self-determination as
fundamental for the Sydney gay, lesbian, bisexual, transgender and intersex
community; and
(C)
in keeping with this principle, the Chief Executive Officer be requested to seek
advice from GLBTI community organisations whether:
(i)
the OUTspoken Families: a resource kit for Rainbow Families and other
resource materials produced by the Rainbow Families Council are relevant to
NSW; and
Monday 23 February 2015
(ii)
270
the City of Sydney should promote and distribute relevant resource materials
through the City’s child care centres, after school programs, libraries and
community centres.
Carried unanimously.
Point of Order
Councillor Forster raised a point of order in that it was not appropriate for Councillor
Green to “shush” people across the table.
The Chair (the Lord Mayor) upheld the point of order.
Call to Order
During discussion on this matter, the Chair (the Lord Mayor) called Councillor Vithoulkas
to order in that Councillor Vithoulkas, by talking across the table, was not following the
provisions of the Code of Meeting Practice.
Councillor Vithoulkas apologised.
CITY OF SYDNEY SIGNAGE REVIEW (S103136)
10.
Moved by Councillor Green, seconded by Councillor Mant -
It is resolved that Council:
(A)
note that:
(i)
following a Lord Mayoral Minute on signage clutter in June 2004, the City of
Sydney established a policy of auditing and removing redundant poles and
signs to reduce the visual clutter across the city;
(ii)
in March 2007, Council endorsed a further Lord Mayoral Minute to seek from
the Roads and Traffic Authority (now Roads and Maritime Services) a
coloured line marking system on Sydney streets that could further reduce
signage clutter;
(iii)
improving the design and placement of necessary signage in the public
domain has been central to City projects including street improvements, such
as Glebe Point Road, Darlinghurst Road and Redfern Street, and ‘Legible
Sydney’, the City’s Wayfinding Strategy;
(iv)
in 2013, New York City began replacing existing signs with a streamlined
version that has fewer words, distinctive colours, and a consistent layout to
make parking regulations easier to understand; and
(v)
Mosman Council has reported it is replacing ‘No Stopping’ signs with
continuous yellow lines and have asked RMS to approve a ‘time block’
parking schedule design that uses bold colours, less words and a distinctive
graphic layout;
271
Monday 23 February 2015
(B)
request that the Chief Executive Officer review the initiatives of other cities and
local councils to identify relevant strategies that could further reduce statutory
signage clutter in the City of Sydney; and
(C)
request that the Lord Mayor work with Sydney Metropolitan Mayors to develop a
proposal to put to the State Government for improved statutory road signage to
reduce visual clutter and provide consistent user-friendly designs in metropolitan
Sydney.
Carried unanimously.
SUPPORT FOR THE MILLERS POINT COMMUNITY (S103137)
11.
Moved by Councillor Doutney, seconded by Councillor Kemmis -
It is resolved that:
(A)
(B)
Council note:
(i)
the City’s long standing commitment to diversity and inclusion;
(ii)
the decision of Council on 7 April 2014 to provide support to the Millers Point
community;
(iii)
that Friends of Millers Point have requested that Leichhardt, Marrickville and
City of Sydney Councils place banners in their Local Government Areas in
support of their campaign; and
(iv)
on 19 March 2015 a documentary entitled “Millers Point: Community or
Commodity” will be screened at Parliament House, hosted by members of
the Greens, the Labor Party and the Independent Member for Sydney, to
bring public attention to the situation in Millers Point; and
the Chief Executive Officer be requested to:
(i)
assist with the promotion of the documentary screening by using the City’s
channels of communication; and
(ii)
assist the Millers Point Community Defence Group Working Party’s
endeavours to arrange a deputation to the Premier, seeking the retention of a
core of social housing in Millers Point.
The motion was carried on the following show of hands –
Ayes (8)
The Lord Mayor, Councillors Doutney, Green, Kemmis, Kok, Mant, Scott and
Vithoulkas
Noes (2)
Councillors Forster and Mandla.
Motion carried.
Monday 23 February 2015
272
At 11.36pm the meeting concluded.
Chair of a meeting of the Council of the City
of Sydney held on 30 March 2015 at which
meeting the signature herein was subscribed.