MINUTES OF BUILDING & DEVELOPMENT COMMITTEE MEETING14 MAY 2013

Building & Development Committee Meeting

MINUTES OF THE MEETING OF THE BUILDING & DEVELOPMENT COMMITTEE held at the Council Chamber, Suite 1, Level 2, 1-17 Elsie Street, Burwood on Tuesday, 14 May 2013 commencing at 6.05pm.

ATTENDANCECouncillor Tony Doueihi

Councillor John Faker (Mayor)

Councillor Lesley Furneaux-Cook

Councillor George Mannah

Councillor Justin Taunton

Councillor Ernest Wong (Deputy Mayor)

Mr M McMahon, General Manager

Mr B Macdonnell, Deputy General ManagerLand, Infrastructure & Environment

Mr B Olsen, ManagerBuilding & Development (Arrived at 6.45pm)

Ms P Viney, Governance Co-ordinator

Ms Y Tome, Governance Officer

OPENING OF MEETING

The Mayor opened the meeting with a prayer.

Apologies
That a leave of absence be granted to Councillor Sally Deans.

DECLARATIONS OF INTEREST

Councillor John Faker declared a less than significant conflict of interest in Item D.3/13 48 Rose Street Croydon Park – Demolition of Existing Dwelling and Construction of 4 Single Storey Dwellings with Attics Over Basement Parking Under SEPP (Afford. Rental Housing) 2009 – DA 127/2012 as the subject property had one of his political signs during the September 2012 Local Government Election.

Confirmation of Minutes
D.1/13 / RESOLVED(Carried Unanimously)
That the minutes of the Building and Development Committee of Burwood held on Tuesday 12 June 2012, as circulated, be confirmed and signed as a true record of the proceeding of the meeting.
(Moved Deputy Mayor Ernest Wong/Seconded Councillor Lesley Furneaux-Cook)

Address by the Public on Agenda Items

NameAg / Item
Mr Robert Tartak
6/18 Park Avenue
Burwood / Item D.2/13 Use of Shop 8, 1-17 Elsie Street Burwood as a Restaurant – Development Application 133/2012
Mr Ben Jiang
C1003 Elsie Street
Burwood / Item D.2/13 Use of Shop 8, 1-17 Elsie Street Burwood as a Restaurant – Development Application 133/2012
Mr John Saidi
55 Rose Street
CroydonPark / Item D.3/13 48 RoseStreetCroydonPark – Demolition of Existing Dwelling and Construction of 4 Single Storey Dwellings with Attics Over Basement Parking Under SEPP (Afford. Rental Housing) 2009 – DA 127/2012
Mr Geoff Bursill
46 Rose Street
CroydonPark / Item D.3/13 48 RoseStreetCroydonPark – Demolition of Existing Dwelling and Construction of 4 Single Storey Dwellings with Attics Over Basement Parking Under SEPP (Afford. Rental Housing) 2009 – DA 127/2012
Mr Ian Dencker
InnerWestTown Planning / Item D.3/13 48 RoseStreetCroydonPark – Demolition of Existing Dwelling and Construction of 4 Single Storey Dwellings with Attics Over Basement Parking Under SEPP (Afford. Rental Housing) 2009 – DA 127/2012

Development Applications

Item D.1/13 1 Greenhills Street Croydon – Development Application 127/2011 – Proposed 3 Storey Residential Flat Building Containing 1 x 1 Bed, 6 x 2 Bed and 1 x 3 Bed Units over basement Parking for 14 Vehicles has been withdrawn from the agenda

Councillor Justin Taunton arrived at the meeting at 6.20pm

Councillor Tony Doueihi left the meeting at 6.30pm

Councillor Tony Doueihi returned to the meeting at 6.33pm

(ITEM D.2/13) Use of Shop 8, 1-17 Elsie Street Burwood as a restaurant - Development Application 133/2012
File No: 13/10359
Applicant:G.F Cai
Location:Shop 8, 1-17 Elsie Street Burwood
Zoning:Mixed Use B4 – BLEP 2012 (previously B4-BTC LEP 2010)
Proposal
The application proposes to use the ground level Shop 8, 1-17 Elsie Street Burwood for the purpose of a 48 seat restaurant. The shop is located on the western side along the Victoria Street frontage, adjacent the basement vehicle exit. The proposed hours of operation are 11am to 11pm, 7 days a week, with a maximum number of eight staff.
D.2/13 / RESOLVED(Carried Unanimously)
That the matter be deferred for the Applicant to provide further details in relation to the mechanical exhaust ventilation duct from the kitchen.
(Moved Deputy Mayor Ernest Wong/Seconded Councillor Lesley Furneaux-Cook)

Councillors Ernest Wong and Lesley Furneaux-Cook called for a DIVISION.

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

FOR / AGAINST
Councillor Wong
Councillor Faker
Councillor Furneaux-Cook
Councillor Mannah
Councillor Taunton
Councillor Doueihi
Total (6) / Total (0)
(ITEM D.3/13) 48 Rose Street Croydon Park - Demolition of existing dwelling & construction of 4 single storey dwellings with attics, over basement parking under SEPP (Afford. Rental Housing) 2009 - DA 127/2012
File No: 13/13118
Applicant:M. Sweid
Location:Eastern side of Rose Street, between Georges River Road and Waratah Street.
Zoning:Residential R3 under Burwood Local Environmental Plan (BLEP) 2012
(Previously Residential 2(b1) under Burwood Planning Scheme Ordinance 1979 (BPSO 1979)
Proposal
The application proposes to demolish the existing dwelling and construct four single storey villas with attics, under the NSWState Environmental Planning Policy (Affordable Rental Housing) 2009 (AHSEPP). The development consists of 2x2 bedroom and 2x3 bedroom villas over basement car parking with five car spaces. One of the villas is required under AHSEPP to be affordable housing for a maximum period of 10 years.
D.3/13 / RESOLVED(Carried)
A.That DA 127/2012 for the demolition of the existing dwelling and construction of four single storey villas with attic rooms, and a basement car park, under SEPP (Affordable Rental Housing) 2009, be approved subject to the following conditions:
(1)The development being carried out in accordance with the following plans and documentation, except where amended by the conditions of consent:
a. Architectural plans no. DA 01, 02 and 03 Issue C, received on 26 February 2013, prepared by Kizana Design Group.
b. Landscape plan no. 12161 DA1, Revision A, received on 23 October 2012, prepared by Vision Dynamics Pty Ltd.
c. Stormwater concept plans no. DA01 and 02, Issue A, prepared by M. Noaman.
d. Basix Certificate no. 449770m.
e. ABSABuilding Energy Efficiency Certificate no. 1004792303.
f. Waste management plan received on 15 October 2012.
FEES
(1)The fees and/or bonds shown in the Table of Fees, are to be paid to Council or another approved collection agency (the Long Service Levy Corporation and its agents and an approved insurer under the Home Building Act 1989) and suitable evidence of payment is to be provided to the Principal Certifying Authority prior to demolition, bulk excavation or issue of a Construction Certificate.
TABLE OF FEES
FEES/BONDS TO BE PAID TO COUNCIL OR TO THE NOMINATED BODY
PRIOR TO ISSUING A CONSTRUCTION CERTIFICATE
(1)Building and Construction Industry Long Service Corporation Levy $3,150.00
(Payment to be made to Council, the Corporation or its Agent).
(2)Damage Deposit - security deposit against damage occurring to Council's assets (footpath, road, stormwater drainage system, kerb and gutter, etc) during building work $10,000.00 (Payment to be made to Council as a bond prior to issue of a Construction Certificate and/or commencement of demolition/bulk excavation).
NOTE: This deposit is refundable if no damage occurs.
(3)Connection to Council’s drainage system by the Applicant $4,000.00(Payment to be made to Council as a bond).
(4)If Council is nominated as the Principal Certifying Authority (PCA) an inspection fee is to be paid.
This fee is for 10 inspections at the rate listed in Council’s current Schedule of Fees and Charges. Any additional inspections, including re-inspections, shall be levied and paid to Council upon booking of an appointment at the rate listed in Council’s current Schedule of Fees and Charges (Payment to be made to Council).
(5)Bond for Council Tree Protection on Rose Street $5,000.00
(Payment to Council – Bond is only refunded after the issue of an Occupation Certificate and assessment of the tree) See Landscaping condition (4).
(6)Pursuant to Section 94 of the Environmental Planning and Assessment Act 1979 and the Section 94 Contributions Plan 2006 (Open Space, Community Facilities and Public Car Parking) and Section 94 Contributions Plan No. 1 (Road and Traffic Facilities), the following monetary contribution towards public services and amenities is required:
Contribution Element / Contribution
Open Space and Recreation (T51)
(Acquisition & Embellishment New Open Space) / $19728.24
Open Space and Recreation (T51)
(Embellishment Existing Open Space & New Fields) / $5398.62
Community Facilities (T53) / $18576.66
Plan Preparation and Administration (T54) / $1874.17
Public Car Parking (T52)
Road and Traffic Facilities (T50) / $1064.96
Total / $46642.65
Index Period / Dec 2011 / CPI1 / 178.7
Office Use: T56
The above contribution will be adjusted at the time of payment. Applicants are advised to contact Council for the adjusted amount immediately prior to arranging payment.
The contribution will be adjusted in accordance with the following formula:
Contribution (at time of payment) = C x CPI2
CPI1
Where:
C:the original contributions amount as shown in the development consent;
CPI2the Consumer Price Index: All Groups Index for Sydney, for the immediate past quarter (available from the Australian Bureau of Statistics at the time of payment)
CPI1the Consumer Price Index: All Groups Index for Sydney, applied at the time of granting the development consent as shown on the development consent.
Note: The minimum payment will not be less than the contribution amount stated on the consent.
The contribution is to be paid to Council, or evidence that payment has been made is to be submitted to the Principal Certifying Authority, prior to the issuing of a Construction Certificate.
Council may accept works in kind or other material public benefits in lieu of the contribution required by this condition subject to and in accordance with the requirements specified in the Section 94 Contributions Plan 2006 and lodgement of an application for a modification of consent under Section 96 of the Environmental Planning & Assessment Act 1979.
Note: Credit cards and personal cheques are not accepted for the payment of Section 94 contributions.
Planning
(1)(a)For 10 years from the date of the issue of the Occupation Certificate:
(i)the nominated dwelling proposed to be used for the purposes of affordable housing will be used for the purposes of affordable housing, and
(ii)the accommodation that is used for affordable housing will be managed by a registered community housing provider.
(b)A restriction will be registered, before the date of the issue of the OccupationCertificate, against the title of the property on which development is to be carried out, in accordance with Section 88E of the Conveyancing Act 1919, that will ensure that the requirements of paragraph (a) are met.
(c)Evidence be submitted to Council, prior to the issue of an Occupation Certificate and/or release of a Subdivision Certificate , that item (b) above has been complied with, and evidence that the nominated community housing provider has agreed to and accepted the undertaking for the 10 years identified in item (a).
(2)The development is to consist of four dwellings – 2x2 bedroom and 2x3 bedroom.
(3)The street and side façades of the building are to be given a variation in finishes and colour tones to enhance the building, to Council’s satisfaction. The finishes and colours are to be provided to Council, prior to the issue of a Construction Certificate.
(4)The exhaust ventilation system of the basement is to be an integral part of the building and is not to be located between the building and/or boundaries.
(5)All external services including air conditioning units, electrical or gas water heaters, meters, equipment, conduits, drainage and water pipes, are to be located in recessed enclosures within the external walls and are not to be visible from the public domain area or road.
(6)All windows and door openings to have a corbelled header and still courses or, alternatively, have varying colour tone brick heads and sills. The brickwork colour tones are to be approved by Council.
(7)All windows and sliding doors are to be provided with key operated locks as a crime prevention measure and for security of future residents.
(8)All works are to be located within the site boundaries.
(9)The maximum heights or the roof ridges are not to exceed AHD(RL)21.75 (lower ridge) and 23.25 (upper ridge).
(10)Safety and security night lighting being provided for the development with such details being incorporated in the amended landscape plan to be submitted to Council for approval prior to the issue of the Construction Certificate.
(11)All common boundary fencing are to be the responsibility of the builder/developer.
(12)The fencing to Rose Street is to comply with Council’s Front Fence Code,
(13)All excavated embankments are to be adequately retained and landscaped to avoid subsidence of adjoining properties.
(14)The vehicle driveway from the Rose Street boundary to the basement entry, is to be treated with a variation of paving for a visual break, with details of materials being submitted to Council for consideration.
(15)The landscaping of the site being carried out in accordance with the approved landscape plan prior to the issue of an Occupation Certificate. The landscaping is to be maintained at all times following its installation. Any trees planted as part of the approved landscape plan shall be of a super advanced stage with a minimum 75 litre container size. The trees shall not be altered or removed without the prior consent of Council being given in writing.
(16)The applicant consulting with Energy Australia to determine the need for an electrical supply isolation junction box within the front landscaped area and if such installation is required, it being set back at least one metre from the front or side boundary to enable adequate landscape planting to be provided to screen such installation. The location of such installation is to be shown on the landscaping plan for approval of this Council and Energy Australia, prior to the issue of a Construction Certificate.
(17)All external lighting is to be designed and installed in a manner which prevents glare and/or spillage having an adverse impact on occupants of adjacent properties.
(18)An area is to be provided for the storage of garbage and recycling materials. Details of the method of achieving this must be approved by Council prior to issuing of a Construction Certificate (also refer to health conditions).
(19)Samples and details of all external surface materials being submitted for Council’s approval, prior to the issuing of a Construction Certificate.
(20)The noise emitted by the air-conditioning equipment being inaudible in your neighbours’ homes between 10pm and 7am weekdays and 10pm to 8am on weekends and public holidays.
(21)Prior to the issuing of an Occupation Certificate, Council is to receive a payment of pro-rata fees for and receipt from Council of mobile garage bins for the development.
(22)One of the town houses is to be designed as an adaptable dwelling, and plans showing compliance with the adaptable requirements, are to be submitted to Council, prior to the issue of a Construction Certificate.
Landscaping
(1)The twelve new trees identified in the landscape concept plan No. 12161 DA1, are to be purchased in minimum container sizes of 45 litres (in lieu of 25 litres).
(2)The proposed driveway be “off-set” by a minimum of 2.5m from the existing brush box tree located on Council’s nature strip.
(3)Council’s brush box tree located on the nature strip is to be retained and protected in accordance with AS 4970 (Protection of Trees on Development Sites 2009), including a 1.8m high chain link fence erected around all four sides of the tree. The protection fence is to be erected prior to demolition or bulk excavation, and must remain in place and maintained, until the issuing of an Occupation Certificate.
(4)A monetary bond/bank guarantee of $5,000.00 is to be paid to Council (see fees conditions (5)) to ensure retention and protection of Council’s tree on the nature strip. This bond is only refunded after the issue of an Occupation Certificate and assessment of the tree.
BUILDING
(1)Prior to the commencement of building work, the following is to be carried out:
(a)Submit to Council a “Notice of Intention to Commence Building Work and Appointment of a Principal Certifying Authority” form. Council's 'Notice of Intention to Commence Building Work and Appointment of a Principal Certifying Authority' form is to be used where application is made to Council.
(b)Ensure detailed plans and specifications of the building are endorsed with a Construction Certificate by Council or an Accredited Certifier. Council's “Construction Certificate Application” form is to be used where application is made to Council. Copies are available on request.
(Vide Section 81A Environmental Planning & Assessment Amendment Act)
(2)Should an electricity supply power pole be located within the front of the property, the pole is to be painted with a colour that blends with the surrounding area to the satisfaction of Council.
(3)A “Section 73 Compliance Certificate” under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Make early application for the certificate, as there may be water and sewer pipes to be built and this can take some time. This can also impact on other services and building, driveway or landscape design.
Application must be made through an authorised Water Servicing Coordinator. For help either visit > Building and developing > Developing your Land > Water Servicing Coordinator or telephone 13 20 92.
The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the Linen Plan of Subdivision and/or the issuing of an Occupation Certificate for the development.
(4)Safety glazing being used in every glazed door or panel that is capable of being mistaken for a doorway or unimpeded path of travel. The glazing must comply with Australian Standard AS 1288-2006 - Glass in Buildings - Selection and Installation. Details of the method of complying with this requirement must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.
(5)Framed panels or doors enclosing or partially enclosing a shower or bath shall be glazed with "A" or "B" grade safety glazing material in accordance with Australian Standard AS 1288-2006, Table 4.5 SAA Glass Installation Code (Human Impact Considerations). Details of the method of complying with this requirement must be noted on the plans or in the specifications prior to the issuing of a Construction Certificate.
(6)Treatment for the protection of the building from subterranean termites must be carried out in accordance with Australian Standard AS 3660.1-2000 “Termite management - New building work.”
If the method of protection is to be by way of a chemical barrier, it becomes the responsibility of the owner to maintain a suitable maintenance procedure in accordance with the manufacturer's requirements. Such responsibility is placed solely upon the owner.
After treatment the following is to be carried out:
(a)A durable notice must be permanently fixed to the building in a prominent location, such as the meter box, indicating:-
(i)The method of protection.
(ii)The date of installation of the system.
(iii)Where a chemical barrier is used, its life expectancy as listed on the National Registration Authority label.
(iv)The installer's or manufacturer's recommendation for the scope and frequency of future inspection for termite activity.
(b)Provide the Principal Certifying Authority with a Certificate which verifies that termite protection has been provided in accordance with Australian Standard AS 3660.1-2000. In the case of Reinforced Concrete Slab construction the Certificate is to verify that the protection incorporates both beneath slab (Part A) and slab penetrations (Part B) treatment.