minutes of a meeting of warringah council held on tuesday, 21 may ...

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MINUTES OF A MEETING OF 

WARRINGAH COUNCIL 

HELD ON TUESDAY, 21 MAY 2002 

AT THE CIVIC CENTRE, DEE WHY 

COMMENCING AT 5.54PM 

ATTENDANCE 

Members 

JONES, D (Mayor) 

SUTTON, J (Deputy Mayor) - Chairman Local Approvals Committee 

CAPUTO, J 

COLMAN, P 

FORREST, P 

MOXHAM, P 

SMITH, K 

STEPHENS, D 

SUTTON, R 

Officers 

GENERAL MANAGER (S Blackadder) 

DIRECTOR - PUBLIC OFFICE GROUP (R Symons) 

DIRECTOR - SERVICES GROUP (G Thomson) 

DIRECTOR - STRATEGY GROUP (M Ryan) 

GOVERNANCE COORDINATOR (T Alford) 

GOVERNANCE OFFICER (G Dawson) 

COMMUNICATIONS (C Spears) 

SUM - LOCAL APPROVAL SERVICES (N Fletcher) 

PAGE 1 Minutes <strong>of</strong> Warringah Council Meeting <strong>held</strong> on 21 May 2002

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Minutes <strong>of</strong> Council Meeting on 21 May 2002 

MANAGER - STRATEGIC LAND USE/PLANNING (D Kerr) 

MANAGER - DEVELOPMENT ASSESSMENT (P Gatenby) 

NOTES 

The Meeting commenced at 5.54pm, adjourned at 9.26pm, resumed at 9.31pm, adjourned at 

10.44pm, resumed at 10.48pm and concluded at 10.50pm. 

The Local Approvals Committee Meeting commenced at 6.05pm, adjourned for dinner at 

6.33pm, resumed at 7.37pm and concluded at 10.11pm and was chaired by Cr J Sutton. 

Items 6.7, 6.8, 6.10 and 6.11 were adopted by the Council Meeting and not considered or 

debated by the Local Approvals Committee. 

Cr Jones was absent from the Chamber 

• from 8.00pm until 8.42pm during consideration and discussion <strong>of</strong>, and voting on Item 

6.3; 

• from 8.42pm until 8.43pm during part consideration and discussion <strong>of</strong>, and voting on 

Item 6.4; 


Item 7.0; 


8.2. 

Cr Caputo was absent from the Chamber 


Item 6.2; 

• from 9.11pm until 9.13pm during part consideration and discussion <strong>of</strong> Item 6.4; 


7.0. 

Cr Forrest was absent from the Chamber 



Item 6.5. 

Cr Moxham was absent from the Chamber 


• from 10.08pm until 10.10pm during part consideration and discussion <strong>of</strong> Item 6.12. 

Cr Smith was absent from the Chamber 

• from 7.41pm until 7.42pm during part consideration and discussion <strong>of</strong> Item 6.2. 

ORDER OF BUSINESS 

The business <strong>of</strong> the Meeting was dealt with in the following order: 

Items 1.0, 2.1, 2.2, 3.0, 6.7, 6.8, 6.10, 6.11, 5.1, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.9, 6.12, 7.0, 8.1, 

8.2, 8.3. 




Site Inspections 

3.10pm – 89 Aubreen Street, Collaroy Plateau 

3.30pm – 32 Robertson Road, North Curl Curl 

3.45pm – 16-18 Beach Street, Curl Curl 

4.00pm – 19, 21 & 23 Waine Street, Harbord 

4.40pm – 16A Coreen Avenue, Terrey Hills 

Item 6.1 

Item 6.2 

Item 6.3 

Item 6.4 

Item 6.5 

VOLUME A BP REF MP REF 

PRAYER 

1.0 APOLOGIES 6 

2.0 CONFIRMATION OF MINUTES 

Minutes <strong>of</strong> Extraordinary Council Meeting <strong>held</strong> 

30 April 2002 

6 

Minutes <strong>of</strong> Council Meeting <strong>held</strong> 7 May 2002 6 

3.0 DECLARATION OF PECUNIARY 

INTERESTS 

7 

4.0 MAYORAL MINUTES 7 

5.0 REPORTS AND MATTERS TO COUNCIL 

MEETING 

5.1 Local Government Association <strong>of</strong> NSW – Telstra 

and Optus Challenge to Section 611 Charge 

A1-2 7 

6.0 REPORTS TO LOCAL APPROVALS 

COMMITTEE 

6.1 No 89 Aubreen Street, Collaroy Plateau – First 

Floor Addition and Carport 

6.2 No 32 Robertson Road, North Curl Curl – 

Erection <strong>of</strong> New Dwelling 

6.3 No 16-18 Beach Street, Curl Curl – 

Refurbishment to Existing Building and 

Conversion <strong>of</strong> Existing Nursing Home to 

Residential Flat Building 

A3-12 8-9 

A13-28 9-10 

A29-56 10-18 




VOLUME A (Cont) BP REF MP REF 

6.4 No 19, 21 & 23 Waine Street, Harbord – 

Demolition <strong>of</strong> Three Dwelling Houses and 

Construction <strong>of</strong> a Three Storey Apartment 

Building 

6.5 No 16A Coreen Avenue, Terrey Hills – 

Subdivision <strong>of</strong> One Lot into Two Lots 

6.6 No 8 Burraloo Street, Frenchs Forest – Proposed 

Carport and Covered Storage Area and Extension 

to Existing Deck 

A57-91 19-30 

A92-117 31-32 

A118-124 32-33 

VOLUME B BP REF MP REF 

6.7 No 31 Kangaroo Road, Collaroy Plateau – Upper 

Floor Addition 

B125-131 33 

6.8 No 19A Pavilion Street, Queenscliff – Pergola B132-143 33-34 

6.9 No 14 Peppercorn Drive, Frenchs Forest – 

Construction <strong>of</strong> a New Dwelling 

6.10 No 50 Griffin Road, North Curl Curl – Alterations 

and Additions to an Existing Residential Dwelling 

6.11 Lot 10 Forest Way and Lot 1 Russell Avenue, 

Frenchs Forest – Proposed Master Plan and 

Redevelopment <strong>of</strong> Existing Shopping Centre 

Including Ro<strong>of</strong> Top Car Parking 

6.12 No 22 Pacific Parade, Dee Why – Residential Flat 

Building 

7.0 ADOPTION OF COMMITTEE 

RECOMMENDATIONS 

B144-156 34-37 

B157-171 38 

B172-228 38-39 

B229-250 39-48 

B251 49 

8.0 NOTICES OF MOTION/RESCISSION 

8.1 Notice <strong>of</strong> Motion No 15/2002 

13A Mavor Crescent, Frenchs Forest 

8.2 Notice <strong>of</strong> Rescission No 16/2002 

Warringah Residential Strategy and Potential 

SEPP 5 Exemption 

B252-253 50-51 

B254-256 52-53 




VOLUME B (Cont) BP REF MP REF 


Councillor Peter Moxham Conduct During 

Council Meetings 


Amendment to Code <strong>of</strong> Meeting Practice 

B257-258 53-55 

B259 55 

9.0 QUESTIONS WITHOUT NOTICE 55 

10.0 CLOSED SESSION - CONFIDENTIAL 

MATTERS 

B260-261 55 




1.0 APOLOGIES 

Nil 

2.0 CONFIRMATION OF MINUTES 

Council Decision 378 

That the Minutes <strong>of</strong> the Extraordinary Meeting <strong>of</strong> the Council <strong>held</strong> on 30 April 2002, copies 

<strong>of</strong> which were previously circulated to all Councillors, be and are hereby confirmed as a true 

and correct record <strong>of</strong> the proceedings <strong>of</strong> that Meeting. 

(Crs Moxham/J Sutton) 

Record <strong>of</strong> Voting 

For: Crs Jones, J Sutton, Caputo, Colman, Forrest, Moxham, Smith, Stephens 

and R Sutton. 

Against: Nil 


That subject to the Notes regarding the absence from the Chamber for Councillors Forrest, 

Smith and R Sutton during Item 10.1 being amended to read: 

“from 10.59pm until 10.59pm during part consideration and discussion <strong>of</strong>, and voting 

on Item 10.1;” 

the Minutes <strong>of</strong> the Meeting <strong>of</strong> the Council <strong>held</strong> on 7 May 2002, copies <strong>of</strong> which were 

previously circulated to all Councillors, be and are hereby confirmed as a true and correct 

record <strong>of</strong> the proceedings <strong>of</strong> that Meeting. 

(Crs Forrest/Caputo) 




Against: Nil 




3.0 DECLARATION OF PECUNIARY INTERESTS 

Cr Jones declared a pecuniary interest in Item 6.3 – No 16-18 Beach Street, Curl Curl, 

Refurbishment to existing building and conversion <strong>of</strong> existing nursing home to residential 

flat building as he own adjoining properties and was absent from the Chamber during 

consideration and discussion <strong>of</strong>, and voting upon, this item. 

Cr Jones declared a pecuniary interest in Item 8.2 – Notice <strong>of</strong> Rescission No 16/2002, 

Warringah Residential Strategy and Potential Sepp 5 Exemption as he has properties which 

could be affected and was absent from the Chamber during consideration and discussion <strong>of</strong>, 

and voting upon, this item. 

4.0 MAYORAL MINUTES 

Nil 

5.0 REPORTS AND MATTERS TO COUNCIL 

5.1 LOCAL GOVERNMENT ASSOCIATION OF NSW – TELSTRA 

AND OPTUS CHALLENGE TO SECTION 611 CHARGE 

(BP REF A1) (File: 360.001.030) 

RECOMMENDATION OF DIRECTOR PUBLIC OFFICE 

1. That the Council endorse the action taken by the LGA to mount an appeal to the High 

Court in relation to Section 611 telecommunication charges. 

2. That the Council contribute $6,266 towards the legal costs to be incurred on behalf <strong>of</strong> 

NSW Councils by the Associations in the High Court appeal. 


That the recommendation <strong>of</strong> the Director Public Office be ADOPTED. 

(Crs Moxham/Caputo) 




Against: Nil 



Minutes <strong>of</strong> Local Approvals Committee Meeting on 21 May 2002 

6.0 REPORTS TO LOCAL APPROVALS COMMITTEE 

6.1 NO 89 AUBREEN STREET, COLLAROY PLATEAU – FIRST 

FLOOR ADDITION AND CARPORT 

(BP REF A3) 

(File: PF 249/89-A) 

Proceedings in Brief 


That Mr John Mumford, objector and Mr Don Moller, on behalf <strong>of</strong> the applicant, be granted 

leave to address Council. 

(Crs J Sutton/Caputo) 




Against: Nil 


That the application for first floor additions and carport at 89 Aubreen Street, Collaroy Plateau 

be deferred for one month and that the application with new plans be notified and assessed by 

staff and brought back to Council in a month. 

(Crs Caputo/Moxham) 


For: Crs J Sutton, Caputo, Forrest, Moxham, Smith and Stephens. 

Against: Crs Jones, Colman and R Sutton. 

NOTE 1: Unsuccessful Amendment 

Crs R Sutton and Colman moved an Unsuccessful Amendment to the effect: 

“That the Recommendation <strong>of</strong> the Local Approvals Service Unit Manager be 

ADOPTED.” 

Record <strong>of</strong> Voting on Unsuccessful Amendment 

For: Crs Colman, Forrest, Smith and R Sutton. 

Against: Crs Jones, J Sutton, Caputo, Moxham and Stephens. 




NOTE 2: The original Motion moved by Cr Jones to the effect: 

“That the application be approved subject to: 

1. Ro<strong>of</strong>ing over the pergola be removed on deck. 

2. The deck to be reduced by 500mm. 

3. The gable on the proposed addition to the rear <strong>of</strong> the application be 

changed to a hip design. 

4. The balustrading to the deck to be <strong>of</strong> the minimum standard height and 

be smoked glass infill. 

5. The existing garage to be reduced in length to align that <strong>of</strong> the existing 

laundry. 

6. Demolish the lean too at the north east corner <strong>of</strong> the allotment. 

and referred back to the Development Unit for the attachment <strong>of</strong> the 

appropriate conditions under delegated authority by the General Manager.” 

LAPSED for want <strong>of</strong> a seconder. 

6.2 NO 32 ROBERTSON ROAD, NORTH CURL CURL – ERECTION 

OF NEW DWELLING 

(BP REF A13) 

(File: PF 4121/32-D) 



That Mr Wayne Moloney, objector and Mr Steven Hamilton, applicant, be granted leave to 

address Council. 

(Crs J Sutton/Stephens) 


For: Crs Jones, J Sutton, Colman, Forrest, Moxham, Smith, Stephens and R Sutton. 

Against: Nil 

NOTE 1: Cr Caputo was absent from the Chamber during consideration and discussion <strong>of</strong>, and 

voting on this Item. 


That Council confirms its original decision under delegated authority by the Development Unit 

to refuse Development Application No. 2000/5077, for a proposed new dwelling, as shown on 




plans numbered AO1 – A04 Issue B, dated 7 May 2001, at Lot 40, DP 6143, No. 32 Robertson 

Road, North Curl Curl, the previous reasons being:- 

1. Pursuant to Section 79C(1)(a)(I) <strong>of</strong> the Environmental Planning and Assessment Act 

1979, the proposal does not comply with Clause 76 – Management <strong>of</strong> Stormwater 

contained within the Warringah Local Environmental Plan 2000. The proposal does 

not provide On-Site Detention in accordance with Councils “On-Site Stormwater 

Detention Technical Specification”. 

2. Pursuant to Section 79C(1)(a)(i) <strong>of</strong> the Environmental Planning and Assessment Act 

1979, the proposal does not comply with Clause 65 – Privacy contained within the 

Warringah Local Environmental Plan 2000. The proposed dwelling has an elevated 

terrace/patio that will unreasonably overlook the principle private open spaces <strong>of</strong> 

neighbouring properties. 

3. Pursuant to Section 79C(1)(a)(ii) <strong>of</strong> the Environmental Planning and Assessment Act 

1979, the proposal does not comply with Clause 74 – Provision <strong>of</strong> Parking contained 

within the Warringah Local Environmental Plan 2000. The proposed new dwelling 

does not provide carparking for two (2) vehicles. 

(Crs J Sutton/Smith) 


For: Crs J Sutton, Caputo, Colman, Forrest, Moxham, Smith, Stephens and R Sutton. 

Against: Cr Jones. 

NOTE 2: The original Motion moved by Cr Jones to the effect: 

“That the application be approved subject to size <strong>of</strong> the balcony being reduced 

by half ie 3.5 x 5.4 and that the balcony be provided with garden beds and 

suitable vegetation to be planted within and referred back to the Development 

Unit for the attachment <strong>of</strong> the appropriate conditions and dealt with under 

delegated authority by the General Manger.” 

LAPSED for want <strong>of</strong> a seconder. 

NOTE 3: Cr Smith was absent from the Chamber during part consideration and discussion <strong>of</strong> 

this Item. 

6.3 NO 16-18 BEACH STREET, CURL CURL – REFURBISHMENT 

TO EXISTING BUILDING AND CONVERSION OF EXISTING 

NURSING HOME TO RESIDENTIAL FLAT BUILDING 

(BP REF A29) 

(File: PF 385/16-18-A) 

Pecuniary Interest 

Cr Jones declared a pecuniary interest in this Item as he owns adjoining properties and was 

absent from the Chamber during consideration and discussion <strong>of</strong>, and voting on this Item. 






That Mr Richard Vernon, objector and Mr Aladin Miazmad, applicant, be granted leave to 





Against: Nil 


That Mr Richard Vernon be granted a 3 minute extension to address Council. 

(Crs R Sutton/J Sutton) 



Against: Nil 


That the application for Refurbishments to existing building and conversion <strong>of</strong> existing nursing 

home to residential flat building at Lot 2, DP 540499, No. 16-18 Beach Street, Curl Curl, be 

approved subject to the following conditions:- 

1. Development being generally in accordance with plans numbered RAY-P-SITE, Issue 

1, dated 25/10/01, RAY-P-B, Issue 4, dated 1/3/02, RAY-P-G, Issue 5, dated 1/3/02, 

RAY-P-1, dated 1/3/02, RAY-P-R, Issue 2, dated 10/1/02, RAY-E-1a, Issue 1, dated 

27/4/01, RAY-E-1b, Issue 1, dated 27/4/01, RAY-E-1, Issue 1, dated 27/4/01, RAY-E- 

1d, Issue 1, dated 27/4/01, LA01, Revision A, dated October 2001, 2ubmitted 29 

November 2001 and 8 March 2002 as modified by any conditions <strong>of</strong> this 

consent/approval. (C1) 

2. Compliance with Building Code <strong>of</strong> Australia 

a. All building work must be carried out in accordance with the provisions <strong>of</strong> the 

Building Code <strong>of</strong> Australia. 

b. This clause does not apply to the extent to which an exemption is in force under 

Clause 80H or 80I, subject to the terms <strong>of</strong> any condition or requirement referred 

to in Clause 80H (6) or 80I (4). (C375) 

3. A Construction Certificate is required to be approved by either Council or an 

Accredited Certifier, prior to the commencement <strong>of</strong> any works on the site. (C165) 

4. Compliance Certificates are required at the following stages <strong>of</strong> construction:- 

a. Preliminary - immediately following the setting out <strong>of</strong> the development footprint 




prior to excavation and/or formation <strong>of</strong> footings or slabs with environmental 

protection measures and toilet facilities installed. 

b. Floor Plan and Elevation - to ensure compliance with set out <strong>of</strong> each floor level. 

c. Fire Safety Services & Equipment - following the submission <strong>of</strong> a Final Fire 

Safety Certificate prior to the occupation. 

d. Final - prior to occupation/use, the satisfactory completion <strong>of</strong> the building works 

with respect to:- 

(i) Compliance Certificates as nominated 

(ii) Compliance Certificates (components) as nominated (C396) 

5. The following component certificates are required to be submitted to Council where 

Council is the nominated principal certifying authority prior to occupation/use <strong>of</strong> the 

building, to ensure compliance with the Building Code <strong>of</strong> Australia and relevant 

Australia Standards:(C399) 

a. Structural Engineer / Accredited Certifiers certificate covering the supervision <strong>of</strong> 

all structural work and adequacy <strong>of</strong> the building. 

b. Accredited Certifiers certificate which states the structural components <strong>of</strong> the 

building have a fire resistance level in accordance with the requirements <strong>of</strong> Part C 

<strong>of</strong> the Building Code <strong>of</strong> Australia for a Type B construction /and / the approved 

plan. 

c. Accredited Certifiers certificate stating the fire wall between Units complies with 

the requirements <strong>of</strong> Part C <strong>of</strong> the Building Code <strong>of</strong> Australia./ and / the approved 

plans. 

d. Electrical contractors certificate stating the smoke alarm system has been 

installed in accordance with AS 3786-1993 “Fire Alarms”. 

e. Plumbing and Drainage contractors certificate indicating that sewer/waste water 

system has been installed and completed in accordance with the Sydney Water 

requirements. 

f. Accredited waterpro<strong>of</strong> installers certificate which certifies the waterpro<strong>of</strong>ing 

system has been applied in accordance with the manufactures recommendations 

and AS 3470-1994 ”Waterpro<strong>of</strong>ing <strong>of</strong> Wet Areas in Residential Buildings”. 

g. Mechanical Engineers certificate which certifies the air handling system has been 

designed, installed and is operational in accordance with the requirements <strong>of</strong> AS 

1668-1991 “The use <strong>of</strong> mechanical ventilation and air-conditioning in buildings, 

Part 1: Fire and smoke control” / Part 2: Mechanical ventilation for acceptance 

indoor-air quality”. 

6. Your attention is directed to the need to seek advice <strong>of</strong> your obligations from the Work 

Cover Authority. (C331) 

7. Foyer lights are to be either movement activated or manually switched on, and are not 

to be permanently illuminated. 

8. Stormwater being piped to Warringah Council's street drainage system. (C300) 

9. Re-construction <strong>of</strong> a concrete footpath 1.2 metres wide to Warringah Council’s 

standard specifications for engineering works on an approved alignment within the 

grass verge in Beach Street. (C83) 

10. Restoration and maintenance to approved levels and safe condition <strong>of</strong> the footway 

reserve/s adjoining the site Beach Street to Warringah Council’s standard specification 

for engineering works. (C85) 




11. The footpath is to be protected from surface water by the construction <strong>of</strong> a grated drain 

across the driveway within the boundary connected to the drainage system. (C102) 

12. All construction and restoration work on Council’s road and footpath area are to be 

carried out in accordance with the approved drawings and Council’s Standard 

Specifications. (C110) 

13. All disturbed areas adjacent to the works on Council’s road and footpath are to be 

restored to the satisfaction <strong>of</strong> the Principal Certifying Authority. (C111) 

14. The total cost <strong>of</strong> all construction and restoration works on Council’s road and footpath 

shall be borne by the developer/applicant. (C112) 

15. A Consultant Engineer’s Certificate is to be supplied to the Principal Certifying 

Authority on completion <strong>of</strong> the following stages <strong>of</strong> works and/or as and when requested 

by the Principal Certifying Authority. 

• Laying <strong>of</strong> stormwater pipes and construction <strong>of</strong> pits for interallotment drainage 

16. Construction <strong>of</strong> approved kerb laybacks in accordance with the details shown on 

Warringah Council Plan A4-2276. (C90) 

17. Reinstatement <strong>of</strong> redundant crossings and laybacks prior to issue <strong>of</strong> the final 

Compliance Certificate. (C91) 

18. The submission to Council or the private certifier <strong>of</strong> four (4) copies <strong>of</strong> Civil 

Engineering plans for the design <strong>of</strong> stormwater drainage works required in the existing 

driveway including long and cross sections, details <strong>of</strong> proposed structures and 

specifications. 

Such design shall be: 

a. Prepared and submitted on A1 size sheets, 

b. Undertaken by a Consulting Civil Engineer (or by such other person as may be 

approved by Council), 

c. Approved and stamped by Council or the private certifier prior issue <strong>of</strong> the 

construction certificate, 

d. Subject to the prescribed Engineering Development Fees paid to Council prior to 

the release <strong>of</strong> the Construction Certificate (to be paid into Account WCP 20340 

0999), 

e. Upon completion <strong>of</strong> the works, the applicant is to provide to Council 2 copies <strong>of</strong> 

“work as executed plans”. The plans are to show relevant dimensions and 

finished levels and are to be certified by a surveyor. Also the applicant is to 

provide to Council in an approved format details <strong>of</strong> all public infrastructure 

created as part <strong>of</strong> the works, 

f. All Civil Engineering works in the existing driveway are to be fully supervised by 

the consultant responsible for their design, or by such person as may be approved 

by Council, and on completion certified to be in accordance with the approved 

plans, conditions <strong>of</strong> construction and Council’s standard specification for 

engineering works, 

g. A maintenance period <strong>of</strong> six (6) months shall apply to the work, after it has been 

completed and approved in writing by Council or the Principal Certifying 

Authority. In that period the applicant shall be liable for any part <strong>of</strong> the work 

which fails to perform in the manner outlined in Council’s specifications, or as 

would reasonably be expected under the design conditions. 

Council will require a Security Deposit/Bank Guarantee prior to issue <strong>of</strong> the final 




compliance certificate or subdivision certificate to ensure rectification <strong>of</strong> any defects 

during the maintenance period. (C93) 

19. Council’s Development Engineer is to be given 24 hours notice when the works reach 

the following stages 

a. Prior to backfilling <strong>of</strong> pipelines 

b. Prior to pouring <strong>of</strong> stormwater gully pits 

NOTE: Any inspections carried out by Council do not imply Council approval or 

acceptance <strong>of</strong> the work, and do not relieve the developer/applicant from the 

requirement to provide an engineer’s certification as conditioned above. Council 

approval or acceptance <strong>of</strong> any stage <strong>of</strong> the work must be obtained in writing, and will 

only be issued after completion <strong>of</strong> the work to the satisfaction <strong>of</strong> Council and receipt <strong>of</strong> 

the required certification. (C127) 

PRIOR TO RELEASE OF THE CONSTRUCTION CERTIFICATE 

20. Payment <strong>of</strong> the Long Service Leave Levy is required prior to the release <strong>of</strong> the 

Construction Certificate. This payment can be made at Council or to the Long Services 

Payments Corporation. This payment is not required where the value <strong>of</strong> the works is 

less than $25,000. (C3) 

21. The payment <strong>of</strong> the following developer contributions prior to the approval/release <strong>of</strong> 

the construction certificate. 

Section 94 Estimation for 17 new medium density Shire Wide 

$ 272 Open Space Links & Cycleway (6901) 

$ 51 Childrens Facilities (6902) 

$ 4845 Libraries (6903) 

$ 5032 Sport Field Establishment (6904) 

$ 5253 Open Space Establishment (6905) 

$ 5848 Administration and Studies (6922) 

$ 5355 Community Facilities (6906) 

$ 26,656 Total 

These amounts have been calculated using the Warringah Section 94 Contributions 

Plan. They are current at the time <strong>of</strong> issue <strong>of</strong> this Consent. They will be adjusted at the 

time <strong>of</strong> payment according to the quarterly CPI (Sydney - All Groups Index). An 

updated schedule <strong>of</strong> Council’s contribution rate is issued each quarter and is available 

at Council’s <strong>of</strong>fice. Please ensure that you provide details <strong>of</strong> this Consent when paying 

contributions so that they can be easily recalculated. (C7) 

22. The fee(s) required for a Council Compliance Certificate is $440.00 and it is to be paid 

prior to Council issuing the Construction Certificate. NOTE: Each Compliance 

Certificate fee is $110. Where external accredited certifiers issue construction 

certificates and compliance certificates the above fee is not required. (C397) 

23. Submission at the Construction Certificate stage <strong>of</strong> the anticipated schedule <strong>of</strong> current 

and proposed fire safety measures to be implemented in the building, and such fire 

safety schedule shall specify the minimum standard <strong>of</strong> performance for each fire safety 

measure. (C371) 

24. Compliance with notation in red on face <strong>of</strong> plans. (C318) 

25. The automatic grille door to the basement is to be deleted from all plans. 




26. All works on the site shall be undertaken to prevent erosion and transport <strong>of</strong> soil and 

sediment <strong>of</strong>f the site and onto adjoining properties. Measures shall be taken in 

accordance with the requirements <strong>of</strong> Warringah Council’s Specification for Erosion and 

Sediment Control. A plan shall be submitted to the <strong>council</strong> or certifier prior to issue <strong>of</strong> 

the Construction Certificate. (C41) 

27. The payment <strong>of</strong> $2000 to account Reg 009 - *TF 036 prior to issue <strong>of</strong> a construction 

certificate as security to ensure that: 

a. all silt and sediment control measures are installed and maintained; 

b. there is no transmission <strong>of</strong> material, soil etc <strong>of</strong>f the site and onto the public road 

and/or drainage systems; and 

c. maintenance <strong>of</strong> all facilities in accordance with Council’s Specification for 

Erosion Control and Sediment Control. (C42) 

28. Building waste containers or “skips” and the like are not to be placed within the public 

road reserve unless approval from Warringah Council has been obtained prior to issue 

<strong>of</strong> the Construction Certificate and appropriate fees paid. (C105) 

29. The developer/applicant must lodge with Council, prior to the issue <strong>of</strong> the Construction 

Certificate, a Security Deposit/Bank Guarantee <strong>of</strong> $ 10,800 to ensure compliance with 

the approved engineering plans and Council’s standard specifications. The 

deposit/guarantee will only be refunded on completion <strong>of</strong> the Maintenance Period, if 

the work has been completed in accordance with the approved plans, conditions, and to 

the satisfaction <strong>of</strong> the principal consent authority. Requests for refund must be made in 

writing to the Council. 

A Maintenance Period <strong>of</strong> six (6) months shall apply to the work, after it has been 

completed and approved in writing by Council. In that period the applicant shall be 

liable for any part <strong>of</strong> the work which fails to perform in the manner outlined in 

Council’s specifications for engineering works, or as would be reasonably be expected 

under the design conditions. (C114) 

30. Provision <strong>of</strong> 2 vehicle crossing(s), 4.5 & 5 metres wide in accordance with Warringah 

Council Drawing No.A4-3330 to approved levels and specifications. An application 

for street levels is to be made prior to issue <strong>of</strong> the Construction Certificate. (C89) 

PRIOR TO THE COMMENCEMENT OF WORKS 

31. At least 2 days prior to work commencing on site Council must be informed, by the 

submission <strong>of</strong> Form 7 <strong>of</strong> the Environmental Planning and Assessment Regulation 1998 

<strong>of</strong> the name and details <strong>of</strong> the Principal Certifying Authority and the date construction 

work is proposed to commence. (C168) 

32. The developer/applicant is to indemnify the Council against any liability which may 

arise out <strong>of</strong> or in consequence <strong>of</strong> carrying out the work and against all claims, demands, 

proceedings, costs, charges and expenses whatsoever in respect there<strong>of</strong> or in relation 

thereto. 

In this regard, the developer/applicant shall take out a public liability policy during the 

currency <strong>of</strong> all the works, in the sum <strong>of</strong> not less than $5,000,000 endorsed with Council 

as principal, and keep such policy in force at his own expense. A certificate from the 

developer/applicant’s insurers to this effect is to be lodged with Council before any 

work is commenced. 

The amount <strong>of</strong> Common Law Liability insurance shall be unlimited. (C119) 




33. No excavation or construction work to commence on site until all silt/sediment control 

measures are in place. (C317) 

34. The developer/applicant is to obtain a “Road Opening Permit” from Council and pay all 

appropriate charges prior to commencement <strong>of</strong> any work on Council property. 

The developer/applicant shall be responsible for all public utilities and services in the 

area <strong>of</strong> the work, and as such shall notify all relevant Authorities, and bear all costs 

associated with any repairs and/or adjustments as those Authorities may deem 

necessary. (C113) 

DURING WORKS 

35. Hours <strong>of</strong> construction being restricted to 7am to 5pm Monday to Friday, Saturday 7am 

to 1pm if audible at residential premises. No audible construction work to take place 

outside these hours. (C326) 

36. A person taking down, demolishing or causing to be taken down or demolished any 

building or part there<strong>of</strong> shall, upon identifying or suspecting that asbestos is present in 

the building, immediately notify the Work Cover Authority. The Authority is the 

controlling body for the safe removal, handling and disposal <strong>of</strong> asbestos. The Authority 

supervises and monitors contractors engaged in asbestos removal. The requirements 

and standards imposed by the Authority, its consultants or contractors shall be complied 

with. (C530) 

37. Signs to be Erected on Building and Demolition Sites. (C382) 

a. A sign must be erected in a prominent position on any work site on which work 

involved in the erection or demolition <strong>of</strong> a building is being carried out: 

(i) stating that unauthorised entry to the work site is prohibited, and 

(ii) showing the name <strong>of</strong> the person in charge <strong>of</strong> the work site and a telephone 

number at which that person may be contacted outside working hours. 

b. Any such sign is to be removed when the work has been completed. 

c. This clause does not apply to: 

(i) 

(ii) 

building work carried out inside an existing building, or 

building work carried out on premises that are to be occupied continuously 

(both during and outside working hours) while the work is being carried 

out. 

38. Adequate protection measures are to be employed to retain excavated areas during the 

construction process. (C37) 

39. Provision shall be made throughout the period <strong>of</strong> construction to prevent transmission 

<strong>of</strong> soil to the public road and drainage system by vehicles leaving the site. (C44) 

40. Temporary safety balustrade to be provided to all excavations adjoining or in close 

proximity to the boundaries <strong>of</strong> the allotment in accordance with Work Cover Authority 

requirements. (C316) 

41. Footpath and roadway being kept free <strong>of</strong> obstruction by building materials and plant. 

All concrete trucks, pumps and/or agitators being kept wholly within the building site. 

No concrete or slurry being discharged onto Council’s street surfaces, nature strips, 

drains/gutters, reserves parks etc. (C321) 




42. Excavation work is to ensure the stability <strong>of</strong> the soil material <strong>of</strong> adjoining properties, 

the protection <strong>of</strong> adjoining buildings, services, structures and / or public infrastructure 

from damage using underpinning, shoring, retaining walls and support where required. 

All retaining walls are to be structurally adequate for the intended purpose, designed 

and certified by a structural engineer, except where site conditions permit the 

following: 

a. maximum height <strong>of</strong> 900mm above or below ground level and at least 900mm 

from any property boundary, and 

b. comply with AS3700, AS3600 and AS1170 and timber walls with AS1720 and 

AS1170. 

Before excavation, the responsible person must notify his intention to the adjoining 

owner/s and shall at the same time furnish to such owner/s particulars <strong>of</strong> the work 

proposed to be carried out. (C324) 

43. Adequate shoring to be provided to support the road reserve or other property during 

construction. Engineering drawings <strong>of</strong> this work are to be provided and approved by 

Council prior to commencement <strong>of</strong> any excavations, likely to affect the stability <strong>of</strong> such 

road, reserve or property. (C94) 

44. The public footways and roadways adjacent to the site shall be maintained at all times 

during the course <strong>of</strong> the work in a safe condition. (C88) 

PRIOR TO OCCUPATION 

45. The building shall not be occupied until an Occupation Certificate has been issued. 

(C162) 

46. To ensure the safety <strong>of</strong> occupants <strong>of</strong> the building a “Fire Safety Certificate” which 

identifies the schedule <strong>of</strong> “Fire Safety Measures” that have been completed to 

satisfactory standard shall be provided to Council prior to the issue <strong>of</strong> an “Occupation 

Certificate” as required in Part 7B <strong>of</strong> the “Environmental Planning and Assessment 

Amendment Act 1997”. (C387) 

47. The drainage works are to be constructed generally in accordance with the drainage 

concept plan submitted by Bainbrigge Barnett & Partners P/L, Project No.020004, 

Drawing No. Figure 4 Issue A.On completion <strong>of</strong> works a Compliance Certificate and a 

Work as Executed plan are to be submitted to the principal certifying authority prior to 

occupation. (C510) 

48. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be 

obtained. Application must be made through an authorised Water Servicing 

Coordinator; for details see the Sydney Water web site 

www.sydneywater.com.au\customer\urban\index or telephone 13 20 92. 

Following application, a “Notice <strong>of</strong> Requirements” will be forwarded detailing water 

and sewer extensions to be built and charges to be paid. Please make early contact with 

the Coordinator, since building <strong>of</strong> water/sewer extensions can be time consuming and 

may impact on other services and building, driveway or landscape design. 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior 

to release <strong>of</strong> the linen plan/occupation <strong>of</strong> the development. (C58) 

49. The requirements <strong>of</strong> condition(s) ending in code(s) (C93) shall be designed and 

supervised during the works by an Engineer with qualifications and expertise 

recognised by the Institute <strong>of</strong> Engineers Australia as being adequate for the purpose. 




The Engineer shall certify prior to occupation or release <strong>of</strong> Linen Plan <strong>of</strong> Subdivision 

that the works have been completed strictly in accordance with the approved design and 

to appropriate standards <strong>of</strong> workmanship. (C98) 

50. That the lift overrun be removed and a new low impact lift be installed. 

(Crs Stephens/Moxham) 


For: Crs J Sutton, Caputo, Moxham and Stephens. 

Against: Crs Colman, Forrest, Smith and R Sutton. 

NOTE: 

There being an equality <strong>of</strong> votes the Chairman used her casting vote in favour 

<strong>of</strong> the Motion which was carried. 

NOTE 1: Unsuccessful Motion 

The above decision was carried as an Amendment to the Original Motion and 

thereupon became the Substantive Motion. 

Record <strong>of</strong> Voting on Amendment 

For: Crs J Sutton, Caputo, Moxham and Stephens. 


NOTE: 

There being an equality <strong>of</strong> votes the Chairman used her casting 

vote in favour <strong>of</strong> the Motion which was carried. 

NOTE 2: Original Motion 

The Original Motion was moved to the following effect by Crs R Sutton and Smith: 

“That the application be refused because: 

1. It is not helpful to change the usage <strong>of</strong> this building as there are insufficient 

nursing home beds in the area. 

2. We would lose 93 nursing home beds if this were changed to units. 

3. We have an already large disproportionate number <strong>of</strong> people in the community 

(as represented in this whole Council Chamber tonight) who are over, or 

approaching the age <strong>of</strong> 60 and will be facing the need for this kind <strong>of</strong> 

accommodation sooner rather than later. 

4. This area should have some nursing home accommodation to share the 

beautiful views available in the area and perhaps serviced apartments. 

5. If we really respect the aged as we say we do, why aren’t we providing more, 

rather than less, good nursing home accommodation for them in their most 

senior and at times vulnerable years. 

6. According to Section 23 Part (g) <strong>of</strong> our LEP 2000 if the development is 

different from the land’s current use or any use for which it was <strong>held</strong> by the 

Government Department it must go through the process <strong>of</strong> changing usage.” 

NOTE 3: Crs Forrest and Moxham were absent from the Chamber during part consideration 

and discussion <strong>of</strong> this Item. 




6.4 NO 19, 21 & 23 WAINE STREET, HARBORD – DEMOLITION 

OF THREE DWELLING HOUSES AND CONSTRUCTION OF A 

THREE STOREY APARTMENT BUILDING 

(BP REF A57) 

(File: PF 4906/19-23-C) 



That Mr John Ruszczyk, objector and Mr Tony Gray, on behalf <strong>of</strong> the applicant, be granted leave 

to address Council. 




Against: Nil 

NOTE: 

Cr Jones was absent from the Chamber during consideration and discussion <strong>of</strong>, and 

voting on this Motion. 


That the application for demolition <strong>of</strong> three dwelling houses and construction <strong>of</strong> a 3 storey 

apartment building comprising 24 units, 33 carparking spaces and landscaping at Lot B, DP 

341705, Lot B, DP 347940 and Lot B, DP 395640, Nos 19-23 Waine Street, Harbord, be 

approved subject to the following conditions:- 

GENERAL CONDITIONS 

1. Development being generally in accordance with plans numbered 1121.DA01 to 1121- 

DA09, Revision D, dated October 2001, Revised 2.4.2002, submitted 2.4.2002 as 

modified by any conditions <strong>of</strong> this consent/approval. (C1) 





Clause 80H or 80I, subject to the terms <strong>of</strong> any condition or requirement referred to 

in Clause 80H (6) or 80I (4). (C375) 




less than $25,000. (C3) 










b. Building Envelope - completion <strong>of</strong> the envelope skeleton prior to fixing <strong>of</strong> 

internal linings (where applicable). 

c. Floor Plan and Elevation (x5)- to ensure compliance with set out <strong>of</strong> each floor 

level. In this regard, 5 inspections are required. 

d. Fire Safety Services & Equipment - following the submission <strong>of</strong> a Final Fire 


e. Final - prior to occupation/use, the satisfactory completion <strong>of</strong> the building works 










b. Geotechnical Engineers report certifying that the foundation material/stability <strong>of</strong> 

site excavation are adequate. 

c. Accredited Certifiers certificate which states the structural components <strong>of</strong> the 


<strong>of</strong> the Building Code <strong>of</strong> Australia for a Type A construction /and / the approved 

plan. 

d. Accredited Certifiers certificate stating the fire wall between the units complies 

with the requirements <strong>of</strong> Part C <strong>of</strong> the Building Code <strong>of</strong> Australia./ and / the 

approved plans. 

e. Accredited Certifiers certificate stating the construction bounding the fire isolated 

passageway(s) stairway(s) complies with Part C <strong>of</strong> the Building Code <strong>of</strong> Australia 

/ and / the approved plan. 

f. Acoustic Engineer / Accredited Certifiers certificate stating the installed wall 

between the units complies with the requirements <strong>of</strong> Part F5 <strong>of</strong> the building Code 

<strong>of</strong> Australia /and / the approved plans. 

g. Electrical contractors certificate stating the smoke alarm system has been 


h. Accredited waterpro<strong>of</strong> installers certificate which certifies the waterpro<strong>of</strong>ing 



i. Mechanical Engineers certificate which certifies the air handling system has been 






:\data\creports\<strong>minutes</strong>\20020521m.doc\21 


j. Registered Surveyors, Identification Survey report indicating the location <strong>of</strong> the 

completed development on the site in relation to all boundaries. 

k. Registered Surveyors identification report indicating the finished site / floor / ro<strong>of</strong> 

/ ridge levels in relation to a nominated fixed datum point / are in accordance with 

the levels indicating plans. 

l. Glazing installation contractor certificate stating all glazing has been selected and 

installed in accordance with AS 1288-1994 and the appropriate terrain category 

classification. 

m. Drainage contractors Certificate certifying that the stormwater drainage system 

has been satisfactorily installed and completed. 

n. Glazing installation contractor certificate stating all glazing has been selected and 



o. Hydraulic Engineer’s Certification (and Works as Executed plans where 

departure from approved plans has taken place) indicating that the on-site 

detention system has been installed in accordance with the approved plans and 

will perform in accordance with Warringah Council’s publication “On-Site 

Stormwater Detention - Technical Specification, March 1998”. 

7. Excavations and Backfilling 

a. All excavations and backfilling associated with the erection or demolition <strong>of</strong> a 

building must be executed safely and in accordance with appropriate pr<strong>of</strong>essional 

standards. 

b. All excavations associated with the erection or demolition <strong>of</strong> a building must be 

properly guarded and protected to prevent them from being dangerous to life or 

property. (C378) 

Support for Neighbouring Buildings 

a. If an excavation associated with the erection or demolition <strong>of</strong> a building extends 

below the level <strong>of</strong> the base <strong>of</strong> the footings <strong>of</strong> a building on an adjoining allotment 

<strong>of</strong> land, the person causing the excavation to be made: 

(i) must preserve and protect the building from damage, and 

(ii) if necessary, must underpin and support the building in an approved 

manner, and 

(iii) must, at least 7 days before excavating below the level <strong>of</strong> the base <strong>of</strong> the 

footings <strong>of</strong> a building on an adjoining allotment <strong>of</strong> land, give notice <strong>of</strong> 

intention to do so to the owner <strong>of</strong> the adjoining allotment <strong>of</strong> land and 

furnish particulars <strong>of</strong> the excavation to the owner <strong>of</strong> the building being 

erected or demolished. 

b. The owner <strong>of</strong> the adjoining allotment <strong>of</strong> land is not liable for any part <strong>of</strong> the cost 

<strong>of</strong> work carried out for the purposes <strong>of</strong> this clause, whether carried out on the 

allotment <strong>of</strong> land being excavated or on the adjoining allotment <strong>of</strong> land. 

c. In this clause, allotment <strong>of</strong> land includes a public road and any other public place. 

(C380) 

8. Protection <strong>of</strong> Public Places 

a. If the work involved in the erection or demolition <strong>of</strong> a building: 

(i) is likely to cause pedestrian or vehicular traffic in a public place to be 

obstructed or rendered inconvenient, or 

(ii) building involves the enclosure <strong>of</strong> a public place, a hoarding or fence must 

be erected between the work site and the public place. 

PAGE 21 Minutes <strong>of</strong> Warringah Council Meeting <strong>held</strong> on 21 May 2002



b. If necessary, an awning is to be erected, sufficient to prevent any substance from, 

or in connection with, the work falling into the public place. 

c. The work site must be kept lit between sunset and sunrise if it is likely to be 

hazardous to persons in the public place. 

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

completed. (C381) 



10. Prior to finalising detailed designs <strong>of</strong> the proposed development, the applicant should 

check all existing public service utilities adjacent to the site and ensure that where 

necessary appropriate arrangements are made for the relocation and/or adjustment <strong>of</strong> 

any services at the applicant’s expense. (C96) 



12. Provision <strong>of</strong> an on-site stormwater detention facility to control the rate <strong>of</strong> stormwater 

run<strong>of</strong>f from the site to be in accordance with the current version <strong>of</strong> Warringah 

Council’s publication “On-Site Stormwater Detention - Technical Specification”. (C68) 

13. Plant and demolition materials shall not be placed or stored within the public road 

reserve and shall be stored within the boundaries <strong>of</strong> the site during demolition works. 

Failure to comply with this condition may result in Council taking action to remove the 

<strong>of</strong>fending items from the public reserve, and all costs incurred by Council will be 

deducted from any deposit moneys <strong>held</strong> in relation to the subject property. (C522) 






16. All demolition work shall be carried out in a safe and responsible manner, with minimal 

harm to the surrounding natural environment under the supervision <strong>of</strong> a licensed 

contractor, and within the boundaries <strong>of</strong> the private property. (C524) 

17. All demolitions are to be carried out in accordance with the guidelines contained in the 

Australian Standard AS2601-1991 - “The Demolition <strong>of</strong> Structures”. (C525) 

18. Construction <strong>of</strong> a concrete footpath 1.5 metres wide to Warringah Council’s standard 

specifications for engineering works on an approved alignment within the grass verge 

in Waine Street. (C83) 




20. Creation <strong>of</strong> a Positive Covenant on the title <strong>of</strong> the land requiring the proprietor <strong>of</strong> the 

land to maintain any water quality control and/or stormwater detention structures 

required by this Consent, in accordance with the standard requirements <strong>of</strong> Council. 

The Positive Covenant is to be prepared by the applicant using terms acceptable to, and 

which are available from Warringah Council. (C51) 




21. The access driveways are to be a minimum clear width <strong>of</strong> 3 metres. 

22. The vehicular access ramp grades are to comply with AS 2890.1-1993, including a 

maximum 1 in 20 for the first 6.0m into the site. 







less than $25,000. (C3) 

25. The payment <strong>of</strong> the following developer contributions prior to the approval/release <strong>of</strong> 


$384.00 for Open Space Links and Cycle ways (6901) 

$72.00 for Children’s Facilities (6902) 

$6,840.00 for Libraries (6903) 

$7,104.00 for Sports Field Establishment (6904) 

$8,256.00 for Administration and Studies (6922) 

$7,560.00 for Community Facilities (6906) 

$79,920.00 for Local Open Space (6910) 

$20,640.00 for Roads and Traffic (6916) 

TOTAL - $130,800.00 


Plan. They are current at the time <strong>of</strong> issue <strong>of</strong> this Consent. They will be adjusted at the 

time <strong>of</strong> payment according to the quarterly CPI (Sydney - All Groups Index). An 


at Council’s <strong>of</strong>fice. Please ensure that you provide details <strong>of</strong> this Consent when paying 

contributions so that they can be easily recalculated. (C7) 

26. The fees required for a Council Compliance Certificate is $990.00 and it is to be paid 




27. The payment <strong>of</strong> an on-site detention checking fee <strong>of</strong> $2,000 to Account WCP 20340 

U351, prior to issue <strong>of</strong> the Construction Certificate. (C512) 

28. Payment to Warringah Council <strong>of</strong> a $5,000 bond as security against damage to 

Council’s roads caused by the transport and disposal <strong>of</strong> materials and equipment to and 

from the site. This amount to be paid prior to the issue <strong>of</strong> the Construction Certificate 

and to be verified by the accredited certifier. (C108) 



safety schedule shall specify the minimum standard <strong>of</strong> performance for each fire safety 

measure. (C371) 

30. The developer/applicant is to obtain a “Road Opening Permit” from Council and pay all 

appropriate charges prior to commencement <strong>of</strong> any work on Council property. 








31. The payment <strong>of</strong> $2,000 to account Reg 009 - *TF 036 prior to issue <strong>of</strong> a construction 









Council prior to commencement <strong>of</strong> any excavations, likely to affect the stability <strong>of</strong> such 

road, reserve or property. (C94) 






and sewer extensions to be built and charges to be paid. Please make early contact with 

the Coordinator, since building <strong>of</strong> water/sewer extensions can be time consuming and 

may impact on other services and building, driveway or landscape design. 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior 

to release <strong>of</strong> the linen plan/occupation <strong>of</strong> the development. (C58) 

34. Provision <strong>of</strong> 1 vehicle crossing, 7.3 metres wide in accordance with Warringah Council 

Drawing No.A4-3330 to approved levels and specifications. An application for street 

levels is to be made prior to issue <strong>of</strong> the Construction Certificate. (C89) 



accordance with the requirements <strong>of</strong> Warringah Council’s Specification for Erosion and 

Sediment Control. A plan shall be submitted to the <strong>council</strong> / or certifier prior to issue <strong>of</strong> 

the Construction Certificate. (C41) 

36. The finished colours / textures and materials <strong>of</strong> the building or work to be generally in 

accordance with the sample board numbered SB01 indicating colours, texture and 

substance <strong>of</strong> all external components <strong>of</strong> the building and hard surfaced areas. Prior to 

issue <strong>of</strong> the Construction Certificate, the certifier to verify that the external components 

are generally in accordance with that specified above. (C5) 

37. For the protection <strong>of</strong> the health and safety <strong>of</strong> workers, adjoining property owners, the 

public and the environment, any person renovating or demolishing any building built 

before the 1970’s should be aware that any surfaces may be coated with lead based 

paint. Lead dust is a hazardous substance. The requirements <strong>of</strong> the Environmental 

Protection Authority are to be followed in this regard. (C535) 

38. Existing trees and vegetation, protected via Council’s Tree Preservation Order, are not 

to be disturbed except with the prior written consent <strong>of</strong> Council. (C534) 




39. Driveways to be constructed <strong>of</strong> decorative materials such as exposed aggregate, pattern 

stamped concrete, paving bricks or similar. Prior to issue <strong>of</strong> the Construction 

Certificate, the certifier to verify that the external components are generally in 

accordance with that specified above. (C11) 

40. Building waste containers or “skips” and the like are not to be placed within the public 

road reserve unless approval from Warringah Council has been obtained prior to issue 

<strong>of</strong> the Construction Certificate and appropriate fees paid. (C105) 

41. All materials excavated from the site shall be disposed <strong>of</strong> to a site suitable for the 

receival <strong>of</strong> such materials. Prior to issue <strong>of</strong> the Construction Certificate the accredited 

certifier to verify that appropriate arrangements have been put in place to ensure that 

such materials are disposed <strong>of</strong> in an environmentally suitable location and manner. 

(C109) 

42. Full details <strong>of</strong> the material, colour and texture <strong>of</strong> the ro<strong>of</strong> material is to be submitted to 

the Principal Certifying Authority for approval prior to release <strong>of</strong> the Construction 

Certificate. In this regard, the selection <strong>of</strong> finish should minimise the glare and 

reflection from the ro<strong>of</strong> surface for surrounding residential properties. 






44. The sediment and erosion control facilities are to be installed, and approved by the 

Principal Certifying Authority, prior to the commencement <strong>of</strong> any other works on the 

site. These facilities are to be maintained in working order during the construction 

works and up to the completion <strong>of</strong> the Maintenance Period. All sediment traps are to be 

cleared on a regular basis and after each major storm, and/or as directed by the 

Principal Certifying Authority, with all silt being removed from the site, or to an 

approved location within the site. (C116) 

45. Prior to the commencement <strong>of</strong> any excavation <strong>of</strong> Council’s roadway or reserve, the 

builder, or his contractor, shall obtain a “Road Opening Permit” and pay all associated 

restoration charges to Council. A copy <strong>of</strong> such permit shall be kept on-site during the 

works. 

Failure to comply with this requirement will result in Council taking action to recover 

all <strong>of</strong> its costs in accordance with the provisions under Section 94 <strong>of</strong> the Roads Act 

1993. (C523) 

46. Hoardings shall be installed before any work is commenced on site including 

construction/demolition, and shall remain in place for the duration <strong>of</strong> the work. 

A separate application to be made to Council for this purpose and appropriate fee paid. 

No construction access is permitted other than at the approved vehicle crossing/s. All 

loading, unloading and storage <strong>of</strong> materials for works within the site shall take place 

within the hoarding enclosure. (C87) 

47. An application for a ‘Construction Zone’ adjacent to the site frontage be lodged prior to 

work commencing, together with the required deposit and rental charges. (C104) 

48. The developer/applicant is to indemnify the Council against any liability which may 




arise out <strong>of</strong> or in consequence <strong>of</strong> carrying out the work and against all claims, demands, 

proceedings, costs, charges and expenses whatsoever in respect there<strong>of</strong> or in relation 

thereto. 

In this regard, the developer/applicant shall take out a public liability policy during the 

currency <strong>of</strong> all the works, in the sum <strong>of</strong> not less than $5,000,000 endorsed with Council 

as principal, and keep such policy in force at his own expense. A certificate from the 

developer/applicant’s insurers to this effect is to be lodged with Council before any 

work is commenced. 

The amount <strong>of</strong> Common Law Liability insurance shall be unlimited. (C119) 

DURING WORKS 

49. Hours <strong>of</strong> construction and demolition being restricted to 7am to 5pm Monday to Friday, 

Saturday 7am to 1pm if audible at residential premises. No audible construction work 

and no demolition work to take place outside these hours. (C326) 



51. Dust control measures shall be undertaken on all demolition sites so as to avoid a 

nuisance to adjoining properties and harm to the environment. (C529) 




controlling body for the safe removal, handling and disposal <strong>of</strong> asbestos. The Authority 

supervises and monitors contractors engaged in asbestos removal. The requirements 

and standards imposed by the Authority, its consultants or contractors shall be complied 

with. (C530) 









(i) 

(ii) 



(both during and outside working hours) while the work is being carried out. 



55. All vehicle access for the construction period shall be confined to a stabilised 

entry/exit/crossing and driveway 4 metres wide installed and maintained to the 

reasonable satisfaction <strong>of</strong> Council or the principal certifying authority to prevent 

damage to the Council road (C107) 



No concrete or slurry being discharged onto Council's street surfaces, nature strips, 





57. Retaining Walls and Drainage. 

If the soil conditions require it: 

a. retaining walls associated with the erection or demolition <strong>of</strong> a building or other 

approved methods <strong>of</strong> preventing movement <strong>of</strong> the soil must be provided, and 

b. adequate provision must be made for drainage. (C379) 

58. Trade materials, product and plant to be kept within the confines <strong>of</strong> the building at all 

times. (C30) 



60. Lighting, fencing, traffic control and advanced warning signs shall be provided for the 

protection <strong>of</strong> the works and for the safety and convenience <strong>of</strong> the public and others, to 

the satisfaction <strong>of</strong> the Principal Certifying Authority, and in accordance with Council’s 

Standard specifications for engineering works. Traffic movement in both directions on 

public roads, and vehicular access to private properties is to be maintained at all times 

during the works. (C117) 



Failure to comply with this condition may result in Council taking action to remove the 

<strong>of</strong>fending items from the public reserve, and all costs incurred by Council will be 





works. 



1993. (C523) 

63. All demolition work shall be carried out in a safe and responsible manner, with minimal 

harm to the surrounding natural environment under the supervision <strong>of</strong> a licensed 

contractor, and within the boundaries <strong>of</strong> the private property. (C524) 


Australian Standard AS2601-1991 - “The Demolition <strong>of</strong> Structures”. (C525) 

65. Access to the demolition site shall be protected with the use <strong>of</strong> suitable fences or 

hoardings being to the satisfaction <strong>of</strong> the Principal Certifying Authority and located on 

the private property. (C526) 

66. The lighting <strong>of</strong> fires for building or rubbish and demolition materials is prohibited. 

(C533) 

67. Silt and sediment erosion control measures shall be provided to the demolition site to 

prevent the siltation <strong>of</strong> all downstream properties and/or other public areas. (C531) 


68. The applicant is to consult with Council’s Traffic Engineer with respect to the 

imposition <strong>of</strong> a “No Parking” restriction on the northern side <strong>of</strong> Waine Street, west 

from the access driveway associated with this development, to the existing “No 

Standing” restriction. This consultation is to be carried out and evidence <strong>of</strong> 




consideration by the Traffic Committee confirmed prior to occupation <strong>of</strong> this 

development. 


(C162) 






71. Creation <strong>of</strong> a Positive Covenant on the title <strong>of</strong> the land requiring the proprietor <strong>of</strong> the 

land to maintain any water quality control and/or stormwater detention structures 

required by this Consent, in accordance with the standard requirements <strong>of</strong> Council. 

The Positive Covenant is to be prepared by the applicant using terms acceptable to, and 

which are available from Warringah Council. (C51) 

72. Restrictions as to User shall be created over the onsite detention system, restricting any 

alteration to the levels and/or any construction on the land. The terms <strong>of</strong> such 

restriction to be prepared to Warringah Council’s standard requirements at the 

applicant’s expense. Warringah Council shall be nominated as a party to release, vary 

or modify such restriction. (C53) 

73. Street number being affixed to building prior to occupation. (C322) 

74. Where any conditions <strong>of</strong> this Consent require dedication, consolidation, easement or 

covenant, the number allocated by the Land Titles Office to the documents and/or plans 

referred to shall be advised in writing to Warringah Council, together with a letter <strong>of</strong> 

intent to proceed with the Positive Covenant, prior to Occupation. A certified copy <strong>of</strong> 

the documents shall be provided to Warringah Council after final approval and 

registration has been effected by the Land Titles Office. (C57) 



76. The onsite detention system and associated drainage works are to be constructed strictly 

in accordance with the plans submitted by RL Temple (Drawing No. SW1A, SW2A, 

SW3A, SW4, SW5, SW6, SW7A). On completion <strong>of</strong> the above works, a compliance 

certificate is to be issues by a “Accredited Certifier”, registered by the Institute <strong>of</strong> 

Engineers Australia” in civil works. The compliance certificate is to certify that the 

above works are in accordance with the Council and approved plans and Council’s 

“Onsite Detention” technical specification and is to be issued prior to occupation. 

77. The applicant be required to include an additional 9 carparking spaces as detailed in 

amended plans submitted to Council on 16 May 2002. 

(Crs Jones/Stephens) 


For: Crs Jones, J Sutton, Caputo, Moxham and Stephens. 





NOTE 1: Unsuccessful Motion 

The above decision was carried as an Amendment to the Original Motion and 

thereupon became the Substantive Motion. 

Record <strong>of</strong> Voting on Amendment 



NOTE 2: Original Motion 

The Original Motion was moved to the following effect by Crs Forrest and Smith: 

“That the application for demolition <strong>of</strong> three dwelling houses and construction <strong>of</strong> a 3 

storey apartment building comprising 24 units, 33 carparking spaces and landscaping 

at Lot B, DP 341705, Lot B, DP 347940 and Lot B, DP 395640, Nos 19-23 Waine 

Street, Harbord, be refused for the following reasons: 

1. Pursuant to Section 79 (c) <strong>of</strong> the EP&A Act, as amended, the proposal is 

inconsistent with the general principles <strong>of</strong> the LEP 2000 clause 65 in respect to 

privacy and will have an adverse impact on the amenity <strong>of</strong> adjoining residents 

with the design overlooking habitable rooms and principal private spaces <strong>of</strong> 

other dwellings. 


inconsistent with the general principles <strong>of</strong> the LEP 2000 with respect to clause 

61, views, resulting in an adverse impact on the amenity <strong>of</strong> adjoining residents 

with a design that does not allow for the reasonable sharing <strong>of</strong> views. 


inconsistent with the general principles <strong>of</strong> the LEP 2000 as the proposal fails to 

comply with the objectives <strong>of</strong> the minimum area <strong>of</strong> landscaped open space 

requirement <strong>of</strong> 50% <strong>of</strong> the site area. 


inconsistent with the general principles <strong>of</strong> the LEP 2000 as the proposal is 

considered by virtue <strong>of</strong> its design, height, bulk and location, incompatible with 

the character <strong>of</strong> the adjoining properties. 



considered inconsistent with the pattern <strong>of</strong> existing adjoining properties with a 

design that represents an undesirable relationship in terms <strong>of</strong> the local context. 



considered to have an unfavourable impact on traffic safety, access and parking 

in the dead end street <strong>of</strong> Waine Street.” 

NOTE 3: Disorderly Conduct 

At 9.26pm, during debate on this Item, the Mayor, in accordance with the Council’s 

Code <strong>of</strong> Meeting Practice, advised Cr Forrest that he was in an act <strong>of</strong> disorder for his 




refusal to withdraw the <strong>of</strong>fensive comment and apologise to the staff member 

concerned. The Mayor declared the <strong>meeting</strong> adjourned for 5 <strong>minutes</strong> and vacated the 

Chair. 

NOTE 4: Resumption <strong>of</strong> the Meeting 

At 9.31pm the <strong>meeting</strong> was resumed. 

Council Decision (Rescission Motion Lodged) 390 

That Cr Forrest be censured for his refusal to apologise for his derogatory remarks made towards 

staff and Councillors during his right <strong>of</strong> reply on this Item. 

(Crs J Sutton/Jones) 




NOTE 5: Notice <strong>of</strong> Rescission 

Crs Colman, R Sutton and Smith gave written notice <strong>of</strong> their intention to move to 

rescind the above mentioned resolution <strong>of</strong> Council <strong>of</strong> which due notice is hereby 

given. 

Accordingly, in view <strong>of</strong> the forgoing, Council’s decision in this matter will not be 

carried into effect until the rescission motion has been dealt with and 

determined. 

NOTE 6: Cr Caputo was absent from the Chamber during part consideration and discussion <strong>of</strong> 

this Item. 

NOTE 7: Supplementary Motion 

Crs Forrest and R Sutton moved a supplementary motion to the following effect: 

“That Council notes will concern that amended plans dated 16 May 2002 were not 

advised to all Councillors but merely to Cr Jones’ for his scrutiny.” 


The Motion was DEFEATED. 







6.5 NO 16A COREEN AVENUE, TERREY HILLS – SUBDIVISION 

OF ONE LOT INTO TWO LOTS 

(BP REF A92) 

(File: PF 1148-16A-S) 



That Mr Colin Taken, objector and Mr Ben Castle, on behalf <strong>of</strong> the applicant, be granted leave to 






Against: Nil 


That Mr Colin Taken be granted an extension <strong>of</strong> 3 <strong>minutes</strong> to address Council. 

(Crs J Sutton/Colman) 


For: Crs Jones, J Sutton, Caputo, Colman, Moxham, Smith, Stephens and R Sutton. 

Against: Nil 

NOTE: Cr Forrest was absent from the Chamber during consideration and discussion <strong>of</strong> and 


RECOMMENDATION OF LOCAL APPROVALS SERVICE UNIT MANAGER 

That the application for subdivision <strong>of</strong> one lot into two lots at Lot 431, DP 752017, No. 16A 

Coreen Avenue, Terrey Hills, be refused for the following reasons:- 

1. Pursuant to Section 79C (1) (a) (i) <strong>of</strong> the Environmental Planning and Assessment Act, 

1979, as amended, Appendix A – Locality A3 “Terrey Hills Village” <strong>of</strong> Warringah 

Local Environmental Plan 2000 and Schedule 7 <strong>of</strong> Warringah Local Environmental 

Plan 2000, the proposal does not comply with the maximum housing density <strong>of</strong> 1 

dwelling per 600m². In this regard, the housing density is 1 dwelling per 547m². 


1979, as amended, and Appendix A – Locality A3 “Terrey Hills Village” <strong>of</strong> Warringah 

Local Environmental Plan 2000, the proposal does not comply with the rear building 




setback <strong>of</strong> 6 metres for the existing dwelling on proposed Lot 52. In this regard, the 

rear setback is 2.14m. 


1979, as amended, and Clause 64 <strong>of</strong> Warringah Local Environmental Plan 2000, the 

proposal does not provide adequate private open space for the existing dwelling on 

proposed Lot 52. In this regard, the provision <strong>of</strong> private open space does not comply 

with the minimum required area, is not directly accessible from the living areas <strong>of</strong> the 

dwelling. 


1979, as amended, and Appendix A – Locality A3 “Terrey Hills Village” <strong>of</strong> Warringah 

Local Environmental Plan 2000, the proposal is inconsistent with the Desired Future 

Character <strong>of</strong> the Locality. In this regard, the proposed lot sizes are not consistent with 

the pattern <strong>of</strong> lot sizes in the surrounding area. 

5. Pursuant to Section 79C (1) (e) <strong>of</strong> the Environmental Planning and Assessment Act, 

1979, as amended, the proposal is contrary to the public interest, in terms <strong>of</strong> the 

resident submissions in opposition to the proposal. 

6. The proposal represents an overdevelopment <strong>of</strong> the site. 


That the recommendation <strong>of</strong> the Local Approvals Service Unit Manager be ADOPTED. 





Against: Nil 

6.6 NO 8 BURRALOO STREET, FRENCHS FOREST – PROPOSED 

CARPORT AND COVERED STORAGE AREA AND 

EXTENSION TO EXISTING DECK 

(BP REF A118) 

(File: PF 772/8-A) 


That Mr Robert Burns, applicant, be granted leave to address Council. 





Against: Nil 





That the application for Proposed Carport and Covered Storage Area and Extension to the 

Existing Deck at Lot 21, DP 220732, No 8 Burraloo Street, Frenchs Forest, be deferred for a site 

inspection and brought back to the Council Meeting to be <strong>held</strong> on 4 June 2002. 

(Crs Moxham/Stephens) 




Against: Nil 

6.7 NO 31 KANGAROO ROAD, COLLAROY PLATEAU – UPPER 

FLOOR ADDITION 

(BP REF B125) 

(File: PF 2474/31-A) 


That the application for Upper Floor Addition at Lot 61, DP 11449, No 31 Kangaroo Road, 

Collaroy Plateau, be deferred for a site inspection and brought back to the Council Meeting to be 

<strong>held</strong> on 4 June 2002. 

(Crs J Sutton/Colman) 




Against: Nil 

6.8 NO 19A PAVILION STREET, QUEENSCLIFF – PERGOLA 

(BP REF B132) 

(File: PF 3790/19A-A) 


That the application for a Pergola at Lot 1, DP 63962, No 19A Pavilion Street, Queenscliff, be 

deferred for a site inspection and brought back to the Council Meeting to be <strong>held</strong> on 4 June 2002. 

(Crs J Sutton/Moxham) 







Against: Nil 

6.9 NO 14 PEPPERCORN DRIVE, FRENCHS FOREST – 

CONSTRUCTION OF A NEW DWELLING 

(BP REF B144) 

(File: PF 3819/14-D) 


That the application for New Dwelling at Lot 102, DP 1008935, No. 14 Peppercorn Drive, 

Frenchs Forest, be approved subject to the following conditions. 

1. Development being generally in accordance with plans Drawing No 2033 ‘B’, Sheet 1 

<strong>of</strong> 5 (amended ‘A” FEB 02 & ‘B’ APRIL 02) and Sheets 2 <strong>of</strong> 5 to 5 <strong>of</strong> 5, dated 10/01, 

submitted 12 November 2001 as modified by any conditions <strong>of</strong> this consent/approval. 

(C1) 









4. No fill to be placed outside the building footprint as marked in red on the approved 

plans. The Construction Certificate plans to be amended to indicate compliance. All 

excess fill to be removed from the site and deposited in an approved landfill location to 

the satisfaction <strong>of</strong> the principle certifying authority. 







c. Installation <strong>of</strong> stormwater system prior to backfilling. 












a. Structural Engineer / Accredited Certifiers certificate which states the piers / 

footings / slabs/ columns/ beams/retaining walls are adequate and in accordance 

with the structural details and relevant Australian Standards. 

b. Structural Engineer/Accredited Certifiers certificate which states structural 

steel/timber frame and connections have been completed in accordance with 

relevant Australian Standards. 

c. Electrical contractors certificate stating the smoke alarm system has been 


d. Plumbing and Drainage contractors certificate indicating that sewer/waste water 


requirements. 

e. Accredited waterpro<strong>of</strong> installers certificate which certifies the waterpro<strong>of</strong>ing 



f. Registered pest contractors certificate which states termite control measures have 

been installed in accordance with AS 3660.1-1995 “Protection <strong>of</strong> Buildings from 

subterranean termites Part 1 New Buildings”. 

g. Registered Surveyors, Identification Survey report indicating the location <strong>of</strong> the 


h. Registered Surveyors identification report indicating the finished site / floor / ro<strong>of</strong> 



i. Glazing installation contractor certificate stating all glazing has been selected and 



j. Drainage contractors Certificate certifying that the stormwater drainage system 





standards. 




Support for Neighbouring Buildings 






manner, and 

(iii) must, at least 7 days before excavating below the level <strong>of</strong> the base <strong>of</strong> the 












(C380) 













less than $25,000. (C3) 

12. The fee(s) required for a Council Compliance Certificate is $440.00 and it is to be paid 




13. Council’s Tree Preservation Order applies to this site. An application will have to be 

made, and consent issued by Council, for the removal, lopping or willful destruction <strong>of</strong> 

any existing tree affected by the proposed works. (C121) 









works and up to the completion <strong>of</strong> the Maintenance Period. All sediment traps are to be 

cleared on a regular basis and after each major storm, and/or as directed by the 



DURING WORKS 

16. Hours <strong>of</strong> construction being restricted to 7am to 5pm Monday to Friday, Saturday 7am 

to 1pm if audible at residential premises. No audible construction work to take place 

outside these hours. (C326) 














(i) building work carried out inside an existing building, or 

(ii) building work carried out on premises that are to be occupied continuously 

(both during and outside working hours) while the work is being carried out. 











21. The building shall not be occupied until an Occupation Certificate has been issued. 

(C162) 






(Crs Moxham/J Sutton) 




Against: Nil 




6.10 NO 50 GRIFFIN ROAD, NORTH CURL CURL – 

ALTERNATIONS AND ADDITIONS TO AN EXISTING 

RESIDENTIAL DWELLING 

(BP REF B157) 

(File: PF 2006/50-A) 


That the application for Alterations & Additions at Lot 21, DP 5963, No. 50 Griffin Road, North 

Curl Curl, be deferred for a site inspection and brought back to the Council Meeting to be <strong>held</strong> 

on 4 June 2002. 

(Crs J Sutton/Jones) 




Against: Nil 

6.11 LOT 10 FOREST WAY AND LOT 1 RUSSELL AVENUE, 

FRENCHS FOREST – PROPOSED MASTER PLAN AND 

REDEVELOPMENT OF EXISTING SHOPPING CENTRE 

INCLUDING ROOF TOP CAR PARKING 

(BP REF B172) 

(File: PF 1768/L10-C) 


That the application for the Proposed Master Plan And Redevelopment Of Existing Shopping 

Centre Including Ro<strong>of</strong> Top Car Parking at Lot 10 Forest Way And Lot 1 Russell Avenue, 

Frenchs Forest be deferred for a site inspection and brought back to the Council Meeting to be 

<strong>held</strong> on 4 June 2002. 

(Crs Stephens/Forrest) 




Against: Nil 




Supplementary Motion 

Crs Forrest and Colman moved a Supplementary Motion to the following effect: 

“That height poles be erected on the site prior to the inspection.” 






6.12 NO 22 PACIFIC PARADE, DEE WHY – RESIDENTIAL FLAT 

BUILDING 

(BP REF B229) 

(File: PF 3687/22-C) 


That Council not oppose the Land & Environment Court granting Deferred Commencement 

Consent Orders subject to the attached draft conditions, or minor variations to conditions 

accepted by the Development Unit, for the application for Demolition <strong>of</strong> existing dwelling and 

construction <strong>of</strong> a 3 storey residential flat building and basement car parking and drainage works 

at Lot 9, DP 6643, No. 22 Pacific Parade, Dee Why. 

DEFERRED COMMENCEMENT 

A This Deferred Commencement Consent is granted under Section 80(3) <strong>of</strong> the 

Environmental Planning and Assessment Act, 1979 and shall not operate until the 

applicant produces evidence to the Council sufficient to enable it to be satisfied as to the 

following matters:- 

1. That the appropriate approval and consents have been obtained for the proposed 

drainage works on the adjoining site No. 20 Pacific Parade, SP 1084. 

2. That an easement 3 metres wide for drainage purposes has been created over the 

subject site and the adjoining site No. 20 Pacific Parade replacing the existing water 

course for the proposed drainage works. 

B 

GENERAL CONDITIONS 

1. Development being generally in accordance with plans numbered DA1E to DA9E, 

dated 1.05.02, LDA-3 dated 1.05.02 and Engineering Plans 36001-1to 2/B and 36001- 

3/A dated 19.4.02 as modified by any conditions <strong>of</strong> this consent/approval. (C1) 












4. The 2 metre wide landscape strip along the eastern side boundary remain as common 

property and is not to be included in any individual lot/unit allocation. 

5. An overland flow path to be maintained along the western boundary with a 1 metre 

wide easement created between the front boundary and the box culvert along the 

western boundary. The area is to kept free <strong>of</strong> all structures and the letter boxes to be 

relocated to the eastern side <strong>of</strong> the driveway. 

6. The garbage storage compound to be provided with a tap for cleaning and sufficient 

size to cater for 7 x 240 litre sulo bins. 

The garbage area should provide sufficient area to allow for easy removal <strong>of</strong> the bins 

and no steps to be located between the compound and the road kerb. 

7. Adequate provision shall be made to permit the flow <strong>of</strong> surface run<strong>of</strong>f and floodwaters 

from upstream properties throughout the subject site. (C73) 







c. Fire Safety Services & Equipment - following the submission <strong>of</strong> a Final Fire 












b. Accredited Certifiers certificate which states the structural components <strong>of</strong> the 


<strong>of</strong> the Building Code <strong>of</strong> Australia for a Type A. construction. 

c. Accredited Certifiers certificate stating the fire wall between Units complies with 

the requirements <strong>of</strong> Part C <strong>of</strong> the Building Code <strong>of</strong> Australia.. 

d. Acoustic Engineer / Accredited Certifiers certificate stating the installed wall 

between the Units complies with: the requirements <strong>of</strong> Part F5 <strong>of</strong> the building 

Code <strong>of</strong> Australia. 

e. Electrical contractors certificate stating the smoke alarm system has been 





f. Plumbing and Drainage contractors certificate indicating that sewer/waste water 


requirements. 

g. Accredited waterpro<strong>of</strong> installers certificate which certifies the waterpro<strong>of</strong>ing 



h. Mechanical Engineers certificate which certifies the air handling system has been 





i. Registered Surveyors, Identification Survey report indicating the location <strong>of</strong> the 


j. Registered Surveyors identification report indicating the finished site / floor / ro<strong>of</strong> 



k. Glazing installation contractor certificate stating all glazing has been selected and 



l. Drainage contractors Certificate certifying that the stormwater drainage system 





standards. 




11. Support for Neighbouring Buildings 






(iii) 

manner, and 

must, at least 7 days before excavating below the level <strong>of</strong> the base <strong>of</strong> the 









(C380) 

12. Protection <strong>of</strong> Public Places 

a. If the work involved in the erection or demolition <strong>of</strong> a building: 




(i) is likely to cause pedestrian or vehicular traffic in a public place to be 

obstructed or rendered inconvenient, or 

(ii) building involves the enclosure <strong>of</strong> a public place, a hoarding or fence must 

be erected between the work site and the public place. 

b. If necessary, an awning is to be erected, sufficient to prevent any substance from, 

or in connection with, the work falling into the public place. 

c. The work site must be kept lit between sunset and sunrise if it is likely to be 

hazardous to persons in the public place. 

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

completed. (C381) 

13. The external finish to the ro<strong>of</strong> shall have a medium to dark range in order to minimise 

solar reflections to neighbouring properties. The metal ro<strong>of</strong> shall not be <strong>of</strong> light 

colours such as <strong>of</strong>f white, cream, silver or light grey colours. (C305) 











Failure to comply with this condition may result in Council taking action to remove 

the <strong>of</strong>fending items from the public reserve, and all costs incurred by Council will be 





19. Construction <strong>of</strong> a concrete footpath 1.2 metres wide to Warringah Council’s standard 

specifications for engineering works on an approved alignment within the grass verge 

in Pacific Parade. (C83) 



21. All demolition work shall be carried out in a safe and responsible manner, with 

minimal harm to the surrounding natural environment under the supervision <strong>of</strong> a 

licensed contractor, and within the boundaries <strong>of</strong> the private property. (C524) 


Australian Standard AS2601-1991 – “The Demolition <strong>of</strong> Structures”. (C525) 

23. In accordance with Part 7B <strong>of</strong> the EPA Act the owner <strong>of</strong> a building is to provide 

Council with an Annual Fire Safety Statement for the building (Form 15A). (C394) 






Construction Certificate. This payment can be made at Council or to the Long 

Services Payments Corporation. This payment is not required where the value <strong>of</strong> the 

works is less than $25,000. (C3) 

25. The payment <strong>of</strong> the following developer contributions prior to the approval/release <strong>of</strong> 


Section 94 Estimation for 9 new medium density dwellings - Dee Why 

$ 144 Open Space Links & Cycleway (6901) 

$ 27 Childrens Facilities (6902) 

$ 2565 Libraries (6903) 

$ 2664 Sport Field Establishment (6904) 

$ 3096 Administration and Studies (6922) 

$ 2835 Community Facilities (6906) 

$ 54405 Local Open Space (6912) 

$ 1980 Roads and Traffic (6915) 

$ 67716 Total 


Plan. They are current at the time <strong>of</strong> issue <strong>of</strong> this Consent. They will be adjusted at 

the time <strong>of</strong> payment according to the quarterly CPI (Sydney - All Groups Index). An 


at Council’s <strong>of</strong>fice. Please ensure that you provide details <strong>of</strong> this Consent when 

paying contributions so that they can be easily recalculated. (C7) 

26. The fee(s) required for a Council Compliance Certificate is $990 and it is to be paid 




27. Payment to Warringah Council <strong>of</strong> a $ 10,000 bond as security against damage to 

Council’s roads caused by the transport and disposal <strong>of</strong> materials and equipment to 

and from the site. This amount to be paid prior to the issue <strong>of</strong> the Construction 

Certificate and to be verified by the accredited certifier. (C108) 



safety schedule shall specify the minimum standard <strong>of</strong> performance for each fire 

safety measure. (C371) 

29. The submission to Council or the private certifier <strong>of</strong> four (4) copies <strong>of</strong> Civil 

Engineering plans for the design <strong>of</strong> stormwater drainage works required in 20 & 22 

Pacific Parade including long and cross sections, details <strong>of</strong> proposed structures and 

specifications. 

Such design shall be: 

a. Prepared and submitted on A1 size sheets, 

b. Undertaken by a Consulting Civil Engineer (or by such other person as may be 

approved by Council), 

c. Approved and stamped by Council or the private certifier prior issue <strong>of</strong> the 

construction certificate, 

d. Subject to the prescribed Engineering Development Fees paid to Council prior to 




the release <strong>of</strong> the Construction Certificate (to be paid into Account WCP 20340 

0999), 

e. Upon completion <strong>of</strong> the works, the applicant is to provide to Council 2 copies <strong>of</strong> 

“work as executed plans”. The plans are to show relevant dimensions and 

finished levels and are to be certified by a surveyor. Also the applicant is to 

provide to Council in an approved format details <strong>of</strong> all public infrastructure 

created as part <strong>of</strong> the works, 

f. All Civil Engineering works in Pacific Parade are to be fully supervised by the 

consultant responsible for their design, or by such person as may be approved by 

Council, and on completion certified to be in accordance with the approved plans, 

conditions <strong>of</strong> construction and Council’s standard specification for engineering 

works, 

g. A maintenance period <strong>of</strong> six (6) months shall apply to the work, after it has been 

completed and approved in writing by Council or the Principal Certifying 

Authority. In that period the applicant shall be liable for any part <strong>of</strong> the work 

which fails to perform in the manner outlined in Council’s specifications, or as 

would reasonably be expected under the design conditions. 

Council will require a Construction Security Deposit/Bank Guarantee <strong>of</strong> $200,000 

prior to issue <strong>of</strong> Construction Certificate to be refunded and replaced at completion by 

a $25,000 Maintenance Security Deposit/Bank Guarantee to ensure rectification <strong>of</strong> any 

defects during the maintenance period. (C93) 





31. The developer/applicant is to obtain a “Road Opening Permit” from Council and pay 

all appropriate charges prior to commencement <strong>of</strong> any work on Council property. 





32. The payment <strong>of</strong> $5,000 to account Reg 009 - *TF 036 prior to issue <strong>of</strong> a construction 









Council prior to commencement <strong>of</strong> any excavations, likely to affect the stability <strong>of</strong> 

such road, reserve or property. (C94) 









and sewer extensions to be built and charges to be paid. Please make early contact 

with the Coordinator, since building <strong>of</strong> water/sewer extensions can be time consuming 

and may impact on other services and building, driveway or landscape design. 

The Section 73 Certificate must be submitted to the Principal Certifying Authority 

prior to release <strong>of</strong> the linen plan/occupation <strong>of</strong> the development. (C58) 

35. Provision <strong>of</strong> 1 vehicle crossing(s), 4 metres wide in accordance with Warringah 

Council Drawing No.A4-3330 to approved levels and specifications. An application 

for street levels is to be made prior to issue <strong>of</strong> the Construction Certificate. (C89) 



accordance with the requirements <strong>of</strong> Warringah Council’s Specification for Erosion 

and Sediment Control. A plan shall be submitted to the <strong>council</strong> / or certifier prior to 

issue <strong>of</strong> the Construction Certificate. (C41) 

37. The joins in the box culverts <strong>of</strong> the drainage infrastructure works to be adequately 

sealed to prevent surcharging. Details to be submitted to the satisfaction <strong>of</strong> Council 

prior to release <strong>of</strong> the construction certificate. 

38. The fire stairs providing egress from the basement and mechanical ventilation shafts 

for the basement to be designed to provide sufficient freeboard to prevent flood waters 

from the probable maximum flood levels entering the basement. Details to be 

submitted to Council and to the satisfaction <strong>of</strong> Council prior to release <strong>of</strong> the 

construction certificate. 

The minimum level for the hump in the access driveway is to be RL21.06AHD. The 

minium level for the proposed unit 1 is to be FL 21.06 AHD, unit 2 FL 21.0AHD unit 

3 FL20.5AHD, unit 4 FL26.5 AHD, unit 5 FL20.14 AHD, unit 6 FL20.14 AHD. 

These levels to be confirmed to the PCA by a registered surveyor prior to pouring 

concrete. 



submission <strong>of</strong> Form 7 <strong>of</strong> the Environmental Planning and Assessment Regulation 

1998 <strong>of</strong> the name and details <strong>of</strong> the Principal Certifying Authority and the date 

construction work is proposed to commence. (C168) 

40. The relocation <strong>of</strong> Councils drainage line to be completed prior to works or excavations 

commencing for the construction <strong>of</strong> the residential flat building. 




works and up to the completion <strong>of</strong> the Maintenance Period. All sediment traps are to 

be cleared on a regular basis and after each major storm, and/or as directed by the 









works. 



1993. (C523) 

43. No excavation or construction work to commence on site until all silt/sediment control 

measures are in place. (C317) 

DURING WORKS 

44. Hours <strong>of</strong> demolition/construction being restricted to 7am to 5pm Monday to Friday, 

Saturday 7am to 1pm if audible at residential premises. No audible construction work 

to take place outside these hours. (C326) 



46. Dust control measures shall be undertaken on all demolition sites so as to avoid a 

nuisance to adjoining properties and harm to the environment. (C529) 




controlling body for the safe removal, handling and disposal <strong>of</strong> asbestos. The 

Authority supervises and monitors contractors engaged in asbestos removal. The 

requirements and standards imposed by the Authority, its consultants or contractors 

shall be complied with. (C530) 









(i) 

(ii) 



(both during and outside working hours) while the work is being carried 

out. 







51. All vehicle access for the construction period shall be confined to a stabilised 

entry/exit/crossing and driveway 3 metres wide installed and maintained to the 




reasonable satisfaction <strong>of</strong> Council or the principal certifying authority to prevent 

damage to the Council road. (C107) 

52. The requirements <strong>of</strong> condition(s) ending in code(s) C93 shall be designed and 

supervised during the works by an Engineer with qualifications and expertise 

recognised by the Institute <strong>of</strong> Engineers Australia as being adequate for the purpose. 

The Engineer shall certify prior to occupation or release <strong>of</strong> Linen Plan <strong>of</strong> Subdivision 

that the works have been completed strictly in accordance with the approved design 

and to appropriate standards <strong>of</strong> workmanship. (C98) 






54. Trade materials, product and plant to be kept within the confines <strong>of</strong> the building at all 

times. (C30) 





(C162) 







59. Where any conditions <strong>of</strong> this Consent require dedication, consolidation, easement or 

covenant, the number allocated by the Land Titles Office to the documents and/or 

plans referred to shall be advised in writing to Warringah Council, together with a 

letter <strong>of</strong> intent to proceed with the Creation <strong>of</strong> the easement, prior to Occupation. A 

certified copy <strong>of</strong> the documents shall be provided to Warringah Council after final 

approval and registration has been effected by the Land Titles Office. (C57) 



61. A declaration by a registered surveyor shall be provided to evidence that all 

construction has been effected within the appropriate property and easement 

boundaries. This shall be in the form <strong>of</strong> a copy <strong>of</strong> the final subdivision or easement 

plan, with the distances from the boundaries to the edges <strong>of</strong> these structures endorsed 

in red thereon and signed by the surveyor. (C97) 






(Crs Forrest/Stephens) 




Against: Nil 

NOTE: 

Cr Moxham was absent from the Chamber during part consideration and discussion 

<strong>of</strong> this Item. 




7.0 ADOPTION OF COMMITTEE RECOMMENDATIONS 

(BP REF B251) 

RECOMMENDATION OF THE GENERAL MANAGER 

That the recommendations <strong>of</strong> the preceding Council Committees comprising all Council 

members be, and are hereby, adopted. 


That the recommendations <strong>of</strong> the Committee on Items 6.1, 6.2, 6.4, 6.5, 6.6, 6.9 and 6.12 be 

ADOPTED. 

(Crs Stephens/J Sutton) 



Against: Nil 

NOTE 1: Upon the Mayor, Cr Jones, vacating the Chair, the Deputy Mayor assumed the Chair 

for consideration and voting on this Item. 


That the recommendation <strong>of</strong> the Committee on Item 6.3 be ADOPTED. 



For: Crs J Sutton, Colman, Forrest, Moxham, Smith, Stephens and R Sutton. 

Against: Nil 

NOTE 2: Cr Jones was absent from the Chamber during consideration and discussion <strong>of</strong>, and 

voting on this Motion due to his declaration <strong>of</strong> pecuniary interest in Item 6.3. 

NOTE 3: Cr Caputo was absent from the Chamber during consideration and discussion <strong>of</strong>, and 

voting on this Item. 




8.0 NOTICES OF MOTION/RESCISSIONS 

8.1 NOTICE OF MOTION NO 15/2002 

13A MAVOR CRESCENT, FRENCHS FOREST 

(BP REF B252) 

(File: PF 3150/13A) 



That Mr Martin Whittaker be granted leave to address Council. 

(Crs Forrest/R Sutton) 



Against: Nil 

NOTE: 

Cr Caputo was absent from the Chamber during consideration and discussion <strong>of</strong>, and 


Submitted by Councillor Peter Forrest. 

Motion 

That this Council resolve to:- 

1. Note the following petition, as reprinted below, submitted to Council from 77 

concerned residents: 

Re: Modification <strong>of</strong> Development Consent No. 97/49NMI to modify consent 

conditions and construction <strong>of</strong> fence at No. 13A Mavor Crescent, Frenchs 

Forest 

We the undersigned: 

1. Understand and that the Right <strong>of</strong> Way in question forms part <strong>of</strong> the 

property <strong>of</strong> 13A Mavor Crescent. 

We the undersigned <strong>of</strong>fer the following submission to support the <strong>council</strong>’s 

refusal <strong>of</strong> the above application to fence <strong>of</strong>f the “Right <strong>of</strong> Carriageway” 

between Mavor Crescent and Warringah Road for the following reasons: 

1. This carriageway has been used for the past 20 years (at least) by school 

children and adult residents in the Mavor Crescent, Maxwell Parade, 




Tyalla Avenue and adjoining streets, Warringah Road as a thoroughfare 

between Mavor Crescent and Warringah Road without hindrance. 

2. This carriageway provides immediate resident access to the Forest 

Coachlines bus stop from Mavor Cres for buses into Chatswood. 

3. Cutting <strong>of</strong>f this access would require access users to walk a further five 

<strong>minutes</strong> either north or south along Maxwell Parade to access 

Warringah Road and the next nearest bus stop. 

4. Maxwell Parade is not footpathed and is used by a considerable flow <strong>of</strong> 

resident and visitor traffic which is at a maximum when pedestrians are 

walking to the bus stop in the mornings and evenings. Forcing the Mavor 

Cres/Warringah Road access users to walk the length <strong>of</strong> Maxwell Parade 

will increases the chances <strong>of</strong> vehicular injury to these pedestrians. 

In Summary the reasons for retaining public access between Mavor Cres and 

Warringah Road are tw<strong>of</strong>old: 

• residential convenience via a traditionally used carriageway 

• pedestrian safety 

Suggestions 

We request that the following be considered by <strong>council</strong>: 

1. The above application be refused. 

2. That Council consider, in the light <strong>of</strong> the long term use <strong>of</strong> the 

carriageway as “public” access, the possibility <strong>of</strong> purchase <strong>of</strong> all or an 

appropriate portion <strong>of</strong> the carriageway to ensure that residential access 

between Mavor Cres and Warringah Road be maintained. 

We hope that your consideration will meet the interests <strong>of</strong> local residents. 

2. Request the General Manager to investigate the possibility <strong>of</strong> purchasing the 

respective land and report to Council accordingly on this issue. 


That the Motion be ADOPTED. 

(Crs Forrest/Stephens) 




Against: Nil 




8.2 NOTICE OF RESCISSION NO 16/2002 

WARRINGAH RESIDENTIAL STRATEGY AND POTENTIAL 

SEPP5 EXEMPTION 

(BP REF B254) (File: 227.001.006 & 175.008.004) 

Pecurinary Interest 

Cr Jones declared a pecuniary interest in this Item as he has properties which could be affected 

and was absent from the Chamber during consideration and discussion <strong>of</strong>, and voting on this 

Item. 

NOTE: 

Upon the Mayor, Cr Jones, vacating the Chair, the Deputy Mayor assumed the Chair 

for consideration and voting on this item. 


Crs Forrest and Smith moved a Motion to the following effect: 

“That Mr David Parsons be granted leave to address Council.” 




For: Crs Forrest, Smith and R Sutton. 

Against: Crs J Sutton, Caputo, Colman, Moxham and Stephens. 

Submitted by Councillors: Kevin Smith, Peter Forrest and R Sutton. 

Crs Smith and Forrest moved the following Motion: 

A. NOTICE OF MOTION TO RESCIND RESOLUTION 

“That the Council’s Resolution relating to Item 5.1, Warringah Residential Strategy and 

Potential SEPP5 Exemption, BP Ref A1-11, passed at the <strong>meeting</strong> <strong>of</strong> the Council <strong>held</strong> on 

7 May 2002 and as printed below: 

1. That Council note this report and the attached correspondence from PlanningNSW 

dated 22 March 2002. 

2. That Council resolve to endorse seeking an exemption to the provisions SEPP5 

through a revised RDS. 

3. That Council resolve to write to PlanningNSW seeking withdrawal <strong>of</strong> the present 

revised RDS before considered by the Minister’s Residential Strategies Advisory 

Committee. 




4. That Council resolve to prepare a further revised RDS to be presented to the Minister 

for Urban Affairs and Planning that includes the provisions <strong>of</strong> a range <strong>of</strong> alternative 

housing opportunities, particularly for older persons and persons with a disability.” 

be and is hereby RESCINDED 




For: Crs Forrest, Smith and R Sutton. 

Against: Crs J Sutton, Caputo, Colman, Moxham and Stephens. 


COUNCILLOR PETER MOXHAM CONDUCT DURING 

COUNCIL MEETINGS 

(BP REF B257) (File: 175.008.000) 



That Mrs Mary Armstrong be granted leave to address Council. 

(Crs Colman/Forrest) 



Against: Cr Caputo. 

Crs Forrest and Smith moved a motion to following effect: 

Motion 

That this Council resolves to: 

1. Note with concern the attached correspondence from Belrose Rural Community 

Association Inc dated 8 May 2002. 

2. Note with concern that during Council <strong>meeting</strong>s when Councillors are debating important 

issues <strong>of</strong> concern to the community and residents addressing the Council on issues that 

affect them, Councillor Peter Moxham continues to read newspapers and magazines 




showing a complete disregard for his duties as a public <strong>of</strong>ficial and diligence as required 

by the Local Government Act. 

3. Note with concern that on practically every occasion Councillor Ruth Sutton rises to speak, 

Councillor Moxham leaves the Chamber and <strong>of</strong>ten will only return when the vote is to be 

taken. 

4. Note that in State and Federal Parliament it is contrary to the Standing Orders <strong>of</strong> the 

Parliament for any member <strong>of</strong> either House or the Senate to have or be reading a 

newspaper while the Business <strong>of</strong> the Chamber is being debated or considered. 

5. Censure Councillor Moxham for his failure to listen to and show due diligence in his role 

as a public <strong>of</strong>ficial. 

6. In view <strong>of</strong> Councillor Moxham’s behaviour which is adversely affecting the integrity <strong>of</strong> 

Council decisions, Council’s Code for the Conduct <strong>of</strong> Meetings be amended and the 

following be inserted: 

“The reading <strong>of</strong> newspapers, books, magazines by Councillors during a Council <strong>meeting</strong> is 

prohibited and is an act <strong>of</strong> disorder unless the Councillor is directly quoting from such 

material during debate.” 

NOTE 1: Crs Jones and Stephens moved an Amendment to the Motion to the following effect: 

“1. That Council’s Code <strong>of</strong> Conduct be amended to allow Council to censure a 

Councillor or number <strong>of</strong> Councillors who wilfully and deliberately leaves a 

Council Meeting in order that the <strong>meeting</strong> has to abandoned through lack <strong>of</strong> a 

quorum. 

2. Council congratulate Cr Moxham on the diligent way he fulfils his duties as a 

Councillor.” 

NOTE 2: Cr Forrest raised a point <strong>of</strong> order that the amendment was out <strong>of</strong> order in accordance 

with Clause 19. 

The Mayor ruled there was no point <strong>of</strong> order. 

NOTE 3: Motion <strong>of</strong> Dissent 

Crs Forrest and Smith moved a Motion <strong>of</strong> Dissent to the Mayor’s ruling. 




For: Crs Smith. 

Against: Crs Jones, J Sutton, Caputo, Colman, Forrest, Moxham, Stephens and R Sutton. 






Code <strong>of</strong> Meeting Practice, advised Mr De Luca that his behaviour constituted 

disorderly conduct and if it continued he would be expelled from the Chamber. 



Code <strong>of</strong> Meeting Practice, advised Mr Parsons that his behaviour constituted 

disorderly conduct and requested him to leave the Council Chamber. 

At 10.44pm, the Mayor declared the <strong>meeting</strong> adjourned for 5 <strong>minutes</strong> due to disorder 

arising from the conduct <strong>of</strong> a member <strong>of</strong> the public and vacated the Chair. 

NOTE 6: Resumption <strong>of</strong> the Meeting 

At 10.48pm the <strong>meeting</strong> was resumed and again Mr Parsons was asked to leave the 

Council Chamber. Upon Mr Parson’s refusal to leave, the Mayor announced that the 

<strong>meeting</strong> was adjourned to 9.00am Wednesday 22 May 2002 and left the Chair. 

The Mayor’s action effectively closed the <strong>meeting</strong>. 

NOTE 7: Deferment <strong>of</strong> Item 

This Item was not concluded and is accordingly deferred to the next Council Meeting 

to be <strong>held</strong> on 28 May 2002. 


AMENDMENT TO CODE OF MEETING PRACTICE 

(BP REF B259) (File: 175.008.000 & 175.008.004) 

Deferment <strong>of</strong> Item 

This Item was not dealt with and is deferred to the next Council Meeting to be <strong>held</strong> on 

28 May 2002. 

9.0 QUESTIONS WITHOUT NOTICE 



28 May 2002. 

10.0 CLOSED SESSION - CONFIDENTIAL MATTERS 

(BP REF B260) (File: 175.008.000) 



28 May 2002. 




* * * * * * * * * * * * * 

The <strong>meeting</strong> concluded at 10.50pm. 

Confirmed this 18th day <strong>of</strong> June 2002 

Mayor 

General Manager

minutes of a meeting of warringah council held on tuesday, 21 may ...

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