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

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:\data\creports\<strong>minutes</strong>\20020521m.doc\28 Minutes <strong>of</strong> Local Approvals Committee Meeting on 21 May 2002 consideration by the Traffic Committee confirmed prior to occupation <strong>of</strong> this development. 69. The building shall not be occupied until an Occupation Certificate has been issued. (C162) 70. 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) 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) 75. Reinstatement <strong>of</strong> redundant crossings and laybacks prior to issue <strong>of</strong> the final Compliance Certificate. (C91) 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) Record <strong>of</strong> Voting For: Crs Jones, J Sutton, Caputo, Moxham and Stephens. Against: Crs Colman, Forrest, Smith and R Sutton. PAGE 28 Minutes <strong>of</strong> Warringah Council Meeting <strong>held</strong> on 21 May 2002
:\data\creports\<strong>minutes</strong>\20020521m.doc\29 Minutes <strong>of</strong> Local Approvals Committee Meeting on 21 May 2002 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 Jones, J Sutton, Caputo, Moxham and Stephens. Against: Crs Colman, Forrest, Smith and R Sutton. 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. 2. 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 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. 3. 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 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. 4. 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 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. 5. 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 as the proposal is 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. 6. 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 as the proposal is 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 PAGE 29 Minutes <strong>of</strong> Warringah Council Meeting <strong>held</strong> on 21 May 2002
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