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27 February 2007 - Ordinary Meeting of Council (pdf. 14MB)

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<strong>Ordinary</strong> <strong>Meeting</strong> <strong>of</strong> <strong>Council</strong> - <strong>27</strong> <strong>February</strong> <strong>2007</strong> 9 / 4<br />

Item 9<br />

DA1523/03-2<br />

19 <strong>February</strong> <strong>2007</strong><br />

SUMMARY<br />

A Section 82A deferred commencement was granted by <strong>Council</strong> on 5 September 2006 for DA<br />

1523/03 for demolition and construction <strong>of</strong> a dwelling and swimming pool at No 4 Ontario Avenue,<br />

Roseville with a pre-commencement condition in relation to the drainage easement. Prior to the<br />

operation <strong>of</strong> the consent, the applicant is to obtain a resolution from Ku-ring-gai <strong>Council</strong> to give<br />

consent for the alteration <strong>of</strong> terms <strong>of</strong> the existing <strong>Council</strong> easement and approval for the connection<br />

to <strong>Council</strong>’s stormwater system.<br />

The relevant <strong>Council</strong>’s legal documents LD1588; LD2678 and LD<strong>27</strong>78 do not allow for the<br />

connection <strong>of</strong> stormwater by the applicant. The easement was created for the purpose <strong>of</strong> conveying<br />

and carrying <strong>of</strong>f surface and stormwater only from Thomas Avenue. Of mutual benefit to <strong>Council</strong><br />

and the applicant is a requirement to extinguish the existing easement over Nos 6, 8 and 10 Thomas<br />

Avenue and create a new easement 1.83m wide pursuant to Section 88B <strong>of</strong> the Conveyance Act<br />

1919.<br />

The proposed drainage layout plan prepared by the hydraulic consultant is considered satisfactory.<br />

RECOMMENDATION<br />

A. That <strong>Council</strong> grants approval for the extinguishment <strong>of</strong> the existing easement over<br />

Nos 6, 8 and 10 Thomas Avenue and creation <strong>of</strong> a new drainage easement 1.83m<br />

wide over the existing stormwater pipeline.<br />

B. That authority be given to affix the common seal <strong>of</strong> the <strong>Council</strong> to the instrument for<br />

release and creation <strong>of</strong> new easements.<br />

C. That the cost <strong>of</strong> altering the terms <strong>of</strong> said Easement for Drainage including release<br />

and creation and <strong>Council</strong>’s legal costs and disbursements be borne by the applicant.<br />

Eng Tan<br />

Drainage Assets Engineer<br />

Roger Guerin<br />

Manager Design & Projects<br />

Greg Piconi<br />

Director Technical Services<br />

Attachments: A. Location Plan for existing stormwater easement - 732162<br />

B. Location <strong>of</strong> Interallotment easement - 732163<br />

N:\0702<strong>27</strong>-OMC-SR-03649-4 ONTARIO AVENUE ROSEVILL.doc/etan /4

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