ORDINARY MEETING
Notice is hereby given that a meeting of the Council of Burwood will be held in the Council
Chamber, Suite 1, Level 2, 1-17 Elsie Street, Burwood on Monday, 7 December 2015 at 6.00pm to
consider the matters contained in the attached Agenda.
Michael McMahon
GENERAL MANAGER
Our Mission
Burwood Council will create a quality lifestyle for its citizens
by promoting harmony and excellence in the delivery of its services
Suite 1, Level 2, 1-17 Elsie Street, Burwood NSW 2134, PO Box 240 Burwood NSW 1805
phone: 9911 9911 facsimile: 9911 9900 tty: 9744 7521
email: council@burwood.nsw.gov.au
website: www.burwood.nsw.gov.au
CONFLICT OF INTERESTS
What is a “Conflict of Interests” - A conflict of interests can be of two types:
Pecuniary - an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain
or loss to the person.
A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be
regarded as likely to influence any decision the person might make in relation to a matter or if the interest is of a kind specified in
Section 448 of the Local Government Act.
Non-pecuniary – are private or personal interests the Council official has that do not amount to a pecuniary interest as defined in the
Local Government Act. These commonly arise out of family, or personal relationships, or involvement in sporting, social or other
cultural groups and associations and may include an interest of a financial nature.
Who has a Pecuniary Interest? - A person has a pecuniary interest in a matter if the pecuniary interest is the interest of:
 The person, or
 The person’s spouse or de facto partner or a relative of the person, or a partner or employer of the person, or
 A company or other body of which the person, or a nominee, partner or employer of the person, is a member.
No Interest in the Matter - However, a person is not taken to have a pecuniary interest in a matter:
 If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative, partner, employer or
company or other body, or
 Just because the person is a member of, or is employed by, a Council or statutory body or is employed by the Crown.
 Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary
interest in the matter so long as the person has no beneficial interest in any shares of the company or body.
N.B. “Relative”, in relation to a person means any of the following:
a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the
person’s spouse;
b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)
Disclosure and participation in meetings
 A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is
concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must
disclose the nature of the interest to the meeting as soon as practicable.
 The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:
(a) at any time during which the matter is being considered or discussed by the Council or Committee, or
(b) at any time during which the Council or Committee is voting on any question in relation to the matter.
No Knowledge - A person does not breach the Act if the person did not know and could not reasonably be expected to have known
that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.
What interests do not have to be disclosed (S 448 Act)?
(a) an interest as an elector,
(b) an interest as a ratepayer or person liable to pay a charge,
(c) an interest in any matter relating to the terms on which the provision of a service or the supply of goods or commodities is offered
to the public generally, or to a section of the public that includes persons who are not subject to this Part,
(d) an interest in any matter relating to the terms on which the provision of a service or the supply of goods or commodities is offered
to a relative of the person by the council in the same manner and subject to the same conditions as apply to persons who are not
subject to this Part,
(e) an interest as a member of a club or other organisation or association, unless the interest is as the holder of an office in the club
or organisation (whether remunerated or not),
(f) an interest of a member of a council committee as a person chosen to represent the community or as a member of a non-profit
organisation or other community or special interest group if the committee member has been appointed to represent the
organisation or group on the committee,
(g) an interest in a proposal relating to the making, amending, altering or repeal of an environmental planning instrument other than
an instrument that effects a change of the permissible uses of:
(i) land in which the person or a person, company or body referred to in section 443 (1) (b) or (c) has a proprietary
interest (which, for the purposes of this paragraph, includes any entitlement to the land at law or in equity and any
other interest or potential interest in the land arising out of any mortgage, lease, trust, option or contract, or
otherwise), or
(ii) land adjoining, adjacent to or in proximity to land referred to in subparagraph (i), if the person or the person, company
or body referred to in section 443 (1) (b) or (c) would by reason of the proprietary interest have a pecuniary interest in
the proposal,
(h) an interest relating to a contract, proposed contract or other matter if the interest arises only because of a beneficial interest in
shares in a company that does not exceed 10 per cent of the voting rights in the company,
2
(i)
an interest of a person arising from the proposed making by the council of an agreement between the council and a corporation,
association or partnership, being a corporation, association or partnership that has more than 25 members, if the interest arises
because a relative of the person is a shareholder (but not a director) of the corporation or is a member (but not a member of the
committee) of the association or is a partner of the partnership,
(j) an interest of a person arising from the making by the council of a contract or agreement with a relative of the person for or in
relation to any of the following, but only if the proposed contract or agreement is similar in terms and conditions to such contracts
and agreements as have been made, or as are proposed to be made, by the council in respect of similar matters with other
residents of the area:
(i) the performance by the council at the expense of the relative of any work or service in connection with roads or sanitation,
(ii) security for damage to footpaths or roads,
(iii) any other service to be rendered, or act to be done, by the council by or under any Act conferring functions on the council
or by or under any contract,
(k) an interest relating to the payment of fees to councillors (including the mayor and deputy mayor),
(l) an interest relating to the payment of expenses and the provision of facilities to councillors (including the mayor and deputy
mayor) in accordance with a policy under section 252,
(m) an interest relating to an election to the office of mayor arising from the fact that a fee for the following 12 months has been
determined for the office of mayor,
(n) an interest of a person arising from the passing for payment of a regular account for wages or salary of an employee who is a
relative of the person,
(o) an interest arising from being covered by, or a proposal to be covered by, indemnity insurance as a councillor or member of a
council committee,
(p) an interest arising from appointment of a councillor to a body as representative or delegate of the council, whether or not a fee or
other recompense is payable to the representative or delegate.
A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions
detailed in Section 448 of the Local Government Act.
Non-pecuniary Interests - Must be disclosed in meetings.
If you are a Council official, other than a member of staff of Council and you have disclosed that a significant non-pecuniary conflict of
interests exists, you must manager it in one of two ways:
a) Remove the source of the conflict by relinquishing or divesting the interest that creates the conflict, of reallocating the
conflicting duties to another Council official;
b) Have no involvement in the matter, by absenting yourself from and not taking part in any debate of voting on the issue as if
the provisions in Section 451(2) of the Act apply.
If you determine that a non-pecuniary conflict of interests is less than significant and does not require further action, you must provide
an explanation of why you consider that the conflict does not require further action in the circumstances.
Disclosures to be Recorded - A disclosure (and the reason/s for the disclosure) made at a meeting of the Council or Council
Committee must be recorded in the minutes of the meeting.
~~o0o~~~
3
AGENDA
FOR AN ORDINARY MEETING OF BURWOOD COUNCIL
TO BE HELD ON MONDAY 7 DECEMBER 2015 IN THE COUNCIL CHAMBERS, 1-17 ELSIE STREET,
BURWOOD COMMENCING AT 6.00PM.
I DECLARE THE MEETING OPENED AT (READ BY MAYOR)
ACKNOWLEDGEMENT OF COUNTRY (READ BY MAYOR)
“I would like to acknowledge the Wangal people who are the Traditional Custodian of this Land. I
would also like to pay respect to the Elders both past and present of the Wangal Nation and extend
that respect to other Aboriginals present”.
PRAYER (READ BY MAYOR)
“Lord, we humbly beseech thee to vouchsafe thy blessing
on this Council, direct and prosper its deliberations for the
advancement of this area and the true welfare of its people.”
TAPE RECORDING OF MEETING (READ BY MAYOR)
“Members of the Public are advised that Meetings of Council and Council Committees are audio
recorded for the purpose of assisting with the preparation of Minutes.
The tape recordings will be subject to the provisions of the Government Information (Public
Access) Act 2009 (GIPA).
Tapes are destroyed two months after the date of the recording”
APOLOGIES/LEAVE OF ABSENCES
DECLARATIONS OF INTERESTS BY COUNCILLORS
DECLARATION OF POLITICAL DONATIONS (READ BY MAYOR)
“Councillors & Members of the Gallery
As a result of recent changes to the Legislation that governs the legal process
determination of Development Applications before Council, a person who makes a
application to Council or any person with a financial interest in the application must now
any reportable political donation or gift made to any local Councillor or employee of
Council will now require in its Development Application Forms this disclosure to be made.
for the
relevant
disclose
Council.
Council is also required to publish on its website all reportable political donations or gifts. Should
any person having business before Council this evening and being an applicant or party having a
financial interest in such application feel that they have not made the appropriate disclosure,
Council now invites them to approach the General Manager and to make their disclosure according
to Law.”
RECORDING OF COUNCILLORS VOTING ON PLANNING DECISIONS
In accordance with Section 375A of the Local Government Act a division must be called for and
taken on every Environmental Planning & Assessment decision. The names of those Councillors
supporting and those opposed to the decision are to be recorded in the meeting minutes and the
register retained by the General Manager.
4
OPEN FORUM ACKNOWLEDGMENT (READ BY MAYOR)
The Mayor to ask each speaker to confirm that they had read the guidelines about addressing the
Council and acknowledge that they had been informed that the meeting was being recorded and
that the Council accepts no responsibility for any defamatory comments made. Speakers should
refrain from providing personal information unless it is necessary to the subject being discussed,
particularly where the personal information relates to persons not present at the meeting
OPEN FORUM COMMENCES
CONFIRMATION OF MINUTES
Recommendation
That the Minutes of the following Meeting of Burwood Council:
A.
Council Meeting held on Monday 23 November 2015
copies of which were previously circulated to all Councillors be and hereby confirmed as a true and
correct record of the proceedings of that meeting.
ADDRESS BY THE PUBLIC ON AGENDA ITEMS ACKNOWLEDGMENT (READ BY MAYOR)
The Mayor to ask each speaker to confirm that they had read the guidelines about addressing the
Council and acknowledge that they had been informed that the meeting was being recorded and
that the Council accepts no responsibility for any defamatory comments made.
ADDRESS BY THE PUBLIC ON AGENDA ITEMS COMMENCES
MAYORAL MINUTES
(ITEM MM24/15)
CONCORD CANCER CENTRE - DONATION TO THE COMMANDER'S CUP 25 FEBRUARY 2016 ................................................................................. 7
GENERAL BUSINESS
(ITEM 126/15)
66-70 STANLEY STREET BURWOOD - DEVELOPMENT APPLICATION
30/2015 - PROPOSED MULTI DWELLING HOUSING COMPRISING 9 X 3
STOREY AND 1 X 2 STOREY TOWN HOUSES IN 2 BUILDINGS OVER
BASEMENT PARKING LEVEL ...................................................................... 8
(ITEM 127/15)
CROYDON STATION UPGRADE - TRAFFIC MANAGEMENT PLANS ................ 45
(ITEM 128/15)
ADOPTION - DRAFT PERMIT PARKING SCHEME POLICY ............................ 49
(ITEM 129/15)
ADOPTION - REVISED USER FEES FOR COUNCIL SERVICES POLICY .......... 60
(ITEM 130/15)
ADOPTION - DRAFT PETITION POLICY ..................................................... 66
(ITEM 131/15)
INVESTMENT REPORT AS AT 30 NOVEMBER 2015 .................................... 72
INFORMATION ITEMS
(ITEM IN42/15)
BURWOOD GRAFFITI MANAGEMENT STRATEGY 2011-2015 UPDATE ........ 78
(ITEM IN43/15)
ANSWERS TO QUESTIONS WITHOUT NOTICE - COUNCIL MEETING OF
23 NOVEMBER 2015 .............................................................................. 80
(ITEM IN44/15)
PETITIONS ............................................................................................. 82
5
CONFIDENTIAL ITEMS
(ITEM 132/15)
43 BRIGHTON STREET CROYDON - PROPOSED RENEWAL OF LEASE OF
COMMUNITY LAND TO PALLAMAR (HOLDINGS) PTY LTD
That above item be considered in Closed Session to the exclusion of the
press and public in accordance with Section 10A(2) (d) of the Local
Government Act 1993, as the matter involves commercial information of
a confidential nature that would, if disclosed (i) prejudice the commercial
position of the person who supplied it; or (ii) confer a commercial
advantage on a competitor of the Council; or (iii) reveal a trade secret.
(ITEM 133/15)
BURWOOD PARK PAVILION SHADE STRUCTURE
That above item be considered in Closed Session to the exclusion of the press
and public in accordance with Section 10A(2) (c) (d) of the Local Government
Act 1993, as the matter involves information that would, if disclosed, confer a
commercial advantage on a person with whom the Council is conducting (or
proposes to conduct) business; AND commercial information of a confidential
nature that would, if disclosed (i) prejudice the commercial position of the
person who supplied it; or (ii) confer a commercial advantage on a competitor
of the Council; or (iii) reveal a trade secret.
QUESTIONS WITHOUT NOTICE
Councillors are requested to submit any Questions Without Notice in writing.
6
COUNCIL
7 DECEMBER 2015
MAYORAL MINUTE
(ITEM MM24/15) CONCORD CANCER CENTRE - DONATION TO THE
COMMANDER'S CUP - 25 FEBRUARY 2016
Trim Folder: 15/52587
Summary
I have received an invitation to participate in the Burwood Police Golf Day to be held at the
Concord Golf Club on 25 February 2016. Council has been a sponsor of this event since the
inaugural event in 2014.
Detective Superintendent Mark Jones, Local Area Commander, Burwood Police, is seeking support
from Council to sponsor one of the 18 Holes, along with promotional material in the form of Pull Up
Banners from Burwood in recognition of our support towards the Concord Cancer Centre.
The Golf Day is organised annually to raise much needed funds for the Concord Cancer Centre at
Concord Hospital.
I am seeking Council’s support for this funding and, therefore, I recommend that Council donates
$1,500 towards Burwood Council’s participation in the Golf Day to be held on 25 February 2016.
I therefore move that:
1.
That Council supports the Burwood Police in raising funds for the Concord Cancer Centre at
Concord Hospital by donating $1,500 from the Mayor’s Discretionary Fund towards Burwood
Council’s participation in the Golf Day to be held on 25 February 2016.
2.
That Council provides Pull Up Banners for display at the Golf Day at the Concord Golf Club.
Attachments
There are no attachments for this report.
7
COUNCIL
7 DECEMBER 2015
(ITEM 126/15) 66-70 STANLEY STREET BURWOOD - DEVELOPMENT
APPLICATION 30/2015 - PROPOSED MULTI DWELLING HOUSING
COMPRISING 9 X 3 STOREY AND 1 X 2 STOREY TOWN HOUSES IN 2
BUILDINGS OVER BASEMENT PARKING LEVEL
File No: 15/54798
REPORT BY DEPUTY GENERAL MANAGER LAND, INFRASTRUCTURE AND ENVIRONMENT
Applicant:
Location:
Zoning:
QGU & ZGG Holdings Pty Ltd and Y Zhang
66-70 Stanley Street Burwood, eastern side of Stanley Street South of
Woodside Avenue
R1 General Residential - Burwood Local Environmental Plan 2012
Proposal
The proposal is to demolish the existing dwelling houses and other buildings on the subject 2
allotments and erect a multi dwelling housing development comprising:
 One basement parking level containing 18 car parking spaces (including 2 visitors/car wash
spaces), bicycle parking racks (12), storage spaces, pedestrian access to each town house
and the vehicular access ramp connecting to Stanley Street.
 Ground floor containing the lower levels of town houses 1-10, exterior private open space for
each town house, common open space and landscaping for the development, pedestrian
access to the complex and each town house, and the vehicular access ramp connecting to
Stanley Street.
 First floor containing the next (middle) levels of town houses 1-10 including a raised courtyard
area for TH 5.
 Second floor containing the top level of town houses 1-10 (except TH 6 that is only ground
and first floors).
 The 10 apartments comprise 4 x 2 bedroom and 6 x 3 bedroom. Note 2 of the 2 bedroom
townhouses are designated as 1 bed + study, however as the studys are clearly separate fully
enclosed rooms it is considered that they are more correctly classified as 2 bedroom
townhouses.
The basement car parking level is a single structure but at ground level and above the
development comprises two separate buildings each containing 5 town houses. Each building has
the form of terrace-type town houses with separate ground level access, directly from the street in
the case of the front town houses. The floors of each town house are located one above the other
with no overlap between town houses.
Background
Council provided advice on a similar proposal on 9 October 2014. This proposal sought to utilize
the State Environmental Planning Policy (SEPP) (Affordable Rental Housing) 2009 (the AHSEPP).
The Development Application (DA) No. 19/2015 was lodged on 23 February 2015. The DA
proposal does not draw on the provisions of the AHSEPP. As well as architectural, landscape and
storm water concept plan the DA was accompanied by documentation including a Statement of
Environmental Effects (SEE), the architect’s Design Verification Statement, a Waste Management
Plan, a Quantity Surveyor’s Report, a Landscape Management Plan, a BCA Compliance Report,
an Acoustic Assessment Report, a Disability Access Report, a BASIX Certificate and a Traffic &
Parking Assessment Report.
Public notification of the proposal commenced on 9 March 2015, closing on 31 March 2015.
8
COUNCIL
7 DECEMBER 2015
Council raised initial concerns with the proposed development by letter of 12 May 2015. The main
matters were potential flood impacts on the development and inadequate documentation of waste
management. Suggestions were made to improve potential visual privacy impacts on adjoining
properties, and car park layout.
On 2 October 2015 Council received revised plans and additional documentation including a
revised Landscape Management Plan and an Overland Flood Study. The plans received on 2
October 2015 are the subject of this report.
Statutory Requirements
Heads of Consideration
The Application is assessed under the provisions of Section 79C of the Environmental Planning
and Assessment Act 1979, as amended Key planning instruments and considerations include:
 The provisions of the Burwood Local Environmental Plan (BLEP) 2012
 The provisions of Burwood Development Control Plan – BDCP 2013
 The provisions of the State Environmental Planning Policy (SEPP) No. 65 – Design Quality of
Residential Flat Development and the Residential Flat Design Code (RFDC). NB: the
applicable version of SEPP 65 is that applying when the DA was lodged (ie prior to 17 July
2015) and the associated RFDC.
 The impact of the development in relation to:




The context and setting of the development
The impact on the natural built environment
Shadowing of adjoining properties
Traffic impact
Streetscape and urban design issues
Crime prevention through environmental design
The suitability of the site for development
The public interest
Social and economic impact
Submissions made under the Act and Regulations
These matters are considered in this Report.
Locality
The site’s location is indicated in Figure 1.
Site and surrounding area
The site made up of 2 existing lots is rectangular in shape and has a total area of 1006 sq m. Its
frontage to Stanley Street is 25.03 m, and its depth is 39.96/40.03 m. The site rises about 2 m from
west towards the east. The 2 lots in the site each contain a dwelling house of 1-2 storeys height
and several outbuildings.
This section of Stanley Street south of Woodside Avenue is a cul-de-sac. Existing development
fronting both sides of the street is low density residential, comprising dwelling houses of mostly of 1
storey. The character of the development in the surrounding area east of Wentworth Road, north of
Nicholson Street and west of Conder Street is similar.
The site and surrounding area were included in the 2(c2) zone in the Burwood Planning Scheme
Ordinance (BPSO) 1979 which permitted buildings of up to 8 storeys. However there was
negligible take up of this development opportunity.
9
COUNCIL
7 DECEMBER 2015
The BLEP 2012 substantially reduced the scale of permitted development under the R1 General
Residential zone in this precinct. This application represents initiation of the area’s transition to
medium density development consistent with the development standards under the BLEP 2012.
Figure 1 – Site location and zoning
Planning Assessment
Development permissibility
BLEP 2012
The R1 General Residential zone permits with consent various forms of residential accommodation
as defined including multi dwelling housing and residential flat buildings. The proposed
development is assessed under the BLEP 2012’s provisions as multi dwelling housing because it
complies with definition of such in the BLEP in that each dwelling has individual access at ground
level. The format of the development (the floors of each townhouse are one above the other with
no overlap and the absence of corridor or staircase access to individual dwellings) also indicates a
town house style development and not an apartment building.
The proposal is consistent with the aims of the R1 zone, in that it provides for the housing needs of
the community and adds to the variety of housing types and densities.
In the BLEP 2012 the site is not designated as a Heritage item nor is it located in a Heritage
Conservation Area (HCA). There are no Heritage items of HCAs in the site’s vicinity. No part of the
site is designated in the BLEP for acquisition for any purpose. No requirements for the site arise in
respect of acid sulfate soils as it is in a Level 5 Area on the Acid Sulfate Soils Map with no Level 4
land in the vicinity.
Pursuant to Clause 6.2 of the BLEP there are potential flooding issues arising for the site. These
have been addressed through the comments of the Development Engineer.
SEPP 65 and RFDC
State Environmental Planning Policy (SEPP) No. 65 – Design Quality of Residential Flat
Development applies to residential flat buildings as defined in the SEPP. This means a building of
three or more stories that contains four or more self-contained dwellings but excludes BCA Class
1a or 1b buildings commonly known as town houses or villas.
10
COUNCIL
7 DECEMBER 2015
While having the design format of multi dwelling housing and in particular town houses, the
development is in the main three residential storeys (plus the basement parking level). The
Statement of Environmental Effects (SEE) and the BCA Assessment report submitted with the DA
state the development is a Class 2 residential building. On this basis the proposal is a residential
flat building for the purposes of SEPP 65. The SEPP and the Residential Flat Design Code (RFDC)
therefor apply and this is acknowledged in the application.
Development standards and other requirements
Issue
BLEP 2012
Building height
Requirement/standard
Floor space ratio
Maximum 0.85:1 –
Clause 4.4 and Floor
Space Ratio map
Maximum 8.2 m – Clause
4.3 and the Building
height map
Proposal
Compliance
Elevations and sections indicate
the height of 8.2 m is met by the
roof line at several points but is
not exceeded
Total GFA 855.0 sq m is 0.85:1;
equivalent to maximum on 1006
sq m site
BDCP 2013
Section 4.3 Multi Dwelling Housing in the R1 zone
Setbacks
Front setback minimum 6 Articulated front façade provides
m
some 6 m setback to walls of
ground floor; other design
elements of the front facade
encroach to 5 m-5.2 m
Side setbacks minimum:
ground floor 2 m; floors
above - 3.5 m
Building widths
and breaks;
articulation
Building
separation within
site
Building design
Rear setback minimum: 3
m
Maximum 20 m width of
building to street; internal
building facades no more
than 14 m without
adequate articulation
12 m habitable to
habitable rooms, 9 m
habitable to nonhabitable rooms; 3 m
non-habitable to nonhabitable rooms
Facades must relate to
streetscape; articulation
required; mix of building
materials; roof to be
integrated with
development, max pitch
32 degrees; parking
Ground floor complies; 1st floor
complies north side, encroaches
to 2 m (over 8 m length) on south
side; 2nd floor complies north &
south sides
Yes
Yes
No but
adequate – see
comments
below
No but
adequate – see
comments
below
Complies all levels
Facing Stanley Street – max. 19
m building length at ground level,
18 m at 1st and 2nd floors; highly
articulated street front façade.
The 2 buildings in the
development have north and
south facades of less than 14 m.
Ample articulation
Ground floor: 9 m separation
habitable/ habitable in 2
dwellings. 1st floor and 2nd floor
comply
Main façade & pedestrian access
is to Stanley St; relates
adequately to streetscape; ample
articulation with different
materials and finishes; flat roof
integrated with development.
Basement protrusion above
11
Yes
Yes
Variation to
Ground floor
but adequate –
see comments
below
Yes - see
comment below
on external
materials and
finishes
COUNCIL
Site frontage
and site isolation
Private open
space (POS)
Communal open
space
Landscaped
area and deep
soil
Solar access
and natural
ventilation;
overshadowing
7 DECEMBER 2015
basement not to exceed
0.75 m above ground
level
Minimum frontage 15 m
single storey, 17 m two
storey; isolated site
formation discouraged
Required for all
dwellings; 25 sq m min.
area and 6 m min.
dimension; northerly
aspect where possible;
directly accessible from
living area; designed for
privacy; additional POS
not closer the 6 m to front
boundary
Required where more
than 8 dwellings;
minimum dimension 6 m;
clearly for private use of
apartments and have
solar access.
25% of site to be
landscaped; 15% to be
deep soil zone with min.
4 m dimension. Must be
contiguous with some of
the communal open
space
Detailed requirements
P18 – P27 of the BDCP
Acoustic privacy
Design development to
reduce noise
transmission internally
and from adjoining sites;
may require acoustic
impact assessment
Visual privacy
Building separation as
per setback
requirements; avoid
overlooking/in-looking
Safety and
security
Design to provide
personal and property
security. CEPTED
assessment required if
more than 20 dwellings
Fences and walls to be
sympathetic to
streetscape; max height
for front fence 1.2 m; bin
Fences and
walls; letter
boxes; bin areas
finished ground level 0.5 m in
south-west corner.
Stanley Street frontage is 25.03
m. No isolated site creation
Yes
All dwellings have POS as
ground floor courtyards: 6 of 10
are less than 25 sq m (22.2 23.1 sq m). All POS areas have
solar exposure; all accessed
from living areas; all have
adequate privacy. Street front
setback area is communal opens
space not POS
Acceptable
POS areas
minor
departures
10 dwellings; 75.1 sq m area
designated communal open
space in front setback area;
minimum dimension 3 m;
adequate solar access
No but
satisfactory
given POS for
all units
Landscaped area 297.9 sq m 29.6% of site. Deep soil total
area is 156 sq m or 15% of site;
minimum dimension 3 m only.
Overlap of deep soil area with
communal open space is about
50%
All apartments are dual aspect
on all levels. 100% crossventilation.100% solar access to
all units to standard.
Overshadowing concern only
with site to south & south east.
Acoustic report indicates
satisfactory impacts (road traffic,
mechanical plant) subject to
conditions. Potential acoustic
impact of driveway next to
dwelling house not addressed.
See comments under
Community Consultation below
Potential impacts within site and
also to other lots to south, north
& east. Plan revisions have
raised sill heights and provided
privacy louvers
CEPTED report not necessary.
Town house design indicates
adequate security with ample
casual surveillance of common
areas and access
Details provided on fences condition. Mail boxes indicated
but need relocation - condition.
Bin storage areas provided in
Satisfactory condition for
implementation
of Landscape
Management
Plan
12
Yes – see
comments
below on
shadowing
Yes – subject to
conditions
Yes – see
comments
below conditions
required
Yes
Yes - conditions
COUNCIL
7 DECEMBER 2015
area to be provided; mail each courtyard - conditions.
boxes to be provided
Clothes drying - condition.
Section 4.6 – Transport and parking in residential development
Number of
5 required – 2 for each 2 6 x 2 bedrooms - 12 spaces; 4 x
parking spaces
bedroom unit, 1 for each 1 & 2 bedrooms - 4 + 2 for
1 or 2 bedroom unit & 1
visitors = 18 required. 18
per 5 units for visitors
provided. Bicycle parking also
provided
Yes
Comments on BLEP 2012 matters
There are no matters of non-compliance with the development standards in the BLEP 2012.
SEPP No. 55 – Remediation of Land
The site has been used for residential purposes for many years and no potentially hazardous
activities are known to have been carried out on the land. No action under SEPP No. 55 is
necessary.
SEPP No. 65 – Design Quality of Residential Flat Development
The application includes an assessment of the proposal against the Design Quality Principles
contained in Part 2 of SEPP No. 65. This assessment is accepted as satisfactory.
With regard to the RFDC guidelines under SEPP 65, many matters in the RFDC are already
addressed in the assessment of the proposal relative to the BDCP. In addition the proposal
complies with the BLEP’s development standards for maximum building height and FSR. The main
additional RFDC matter warranting specific comment is building separation in relation to future
adjoining development. The zoning and development standards applying to the site’s precinct will
eventually result in similar scale, medium density development replacing the existing dwellings
houses to the north, south and east.
In respect of building separation the RFDC guidelines are for buildings up to 4 storeys in height to
have the following separations: 12 m habitable to habitable rooms/balconies; 9 m habitable to nonhabitable rooms/balconies; and 3 m non-habitable to non-habitable rooms/balconies with an equal
sharing of these separations between development sites. This is the first development in the
location and as a result compliance with the separation guidelines to existing buildings is difficult
notwithstanding compliance with the setback controls of Burwood Development Control plan.
The building separation guidelines are not mandatory and departures are commonly accepted
where the overall development is satisfactory and impacts are shown to be managed and reduced.
In this regard the proposed development is adequately compliant with BDCP setback guidelines
(see below) and with the building height and FSR development standards.
In addition the buildings in the development have no side façade balconies on the 1st and 2nd
floors, and revisions made to the plans provide for windows in the northern and southern façades
to have minimum sill heights of 1.2 m or 1.5 m to bathroom and hallway windows and to have
privacy louvers fitted to all habitable room windows.
In this context it is considered that provision for building separation for future development on the
adjoining lots is adequate.
Comments on key BDCP matters
Boundary Setbacks
The proposed building has several non-compliances with the front boundary and side boundary
setback guidelines of the BDCP.
13
COUNCIL
7 DECEMBER 2015
To the front boundary there is 6 m setback to the walls of the ground floor, but on the 1st and 2nd
floors substantial elements of the building encroach to 5 m-5.2 m from the boundary. The
application justifies this on the basis these setbacks provide a common alignment with existing
buildings in the street and because the highly articulated front façade provides a balanced setback
composition notwithstanding the encroachments. This is considered reasonable in the
circumstances.
The other non-compliance is with the 1st floor which encroaches to 2 m from the south side
boundary for part of the façade in the building closest to Stanley Street. The non-complying section
of wall is provided only with highlight windows set 1.5 m above floor level. This is acceptable but
the windows should be provided with external privacy louvers added to the windows. With such
provision as a condition, any adverse impacts from the limited setback non-compliance will be
minimal. The reduction of Town House 5 from 3 to 2 storeys adjacent to the southern boundary
also helps ameliorate the effects of the proposed reduced setback.
Building Separation Within Site
The two buildings do not fully achieve adequate separation based on the BDCP and RFDC
guidelines. At ground floor level for 2 of the dwellings the separation is 9 m compared to the
guideline of 12 m. The application justifies this on the basis that the “habitable room” in the 2
dwellings is a kitchen and not a dining or living area. Also it is indicated that the 1.6 m high sills to
the kitchen windows and the provision of planter box landscaping outside the kitchen windows will
minimise any visual privacy impacts from the reduced building separation. This is accepted given
the minor departure involved and the compliance with the separation guidelines at the 1st and 2nd
floors.
External Materials and Finishes
The External Finishes Plan indicates a selection of materials, textures and hues that appear to
complement the robust design character of the proposed development. The only concern relates to
the extensive areas of white painted concrete especially on the north and south facades but also
on the west (street) façade. To ensure the high quality appearance of the building is endures over
time, these white concrete areas should be finished with pre-painted or textured through colour
panels. This can be dealt with by consent condition.
Overshadowing
The site’s orientation and the design of the buildings enable optimization of solar access to the
living areas and courtyards of the development.
The main shadowing impacts of the development will fall on the lots to the south and south-east.
This does not result from building height which is compliant and not necessarily greater than for a
new 2 storey dwelling that could site on the site. The impacts arise mainly from the longitudinal
dimension of the development and the rear boundary setback compared to a dwelling house on the
site.
In this case adverse effects are reduced by the breakup of the development into 2 buildings and
compliance (with some acceptable departures) with the setback requirements to the side and rear
boundaries). In addition the revised plans have reduced Town House 6 (in the rear building
adjacent to the southern boundary) from 3 to 2 storeys and this will reduce the shadow impacts on
the rear yards of the dwelling houses to the south and south-east.
Overall there proposal is not considered to cause excessive overshadowing in its development
context. Additional comment on shadowing is provided under Community Consultation below as it
is substantial issue raised in one submission.
Referrals
The Manager Environment & Health has provided consent conditions.
14
COUNCIL
7 DECEMBER 2015
The Manager Traffic & Transport has provided consent conditions. NB: the layout of parking places
has been amended in the revised plans to incorporate the initial advice of the Manager Traffic &
Transport.
The Senior Development Engineer & Senior Building Surveyor have raised no objections to the
development and have provided consent conditions. The Tree Management Officer has endorsed
the proposal with one condition.
Community Consultation
Public notification of the application commenced on 9 March 2015, closing on 31 March 2015.
Three objections and one petition with 76 signatures were received. The petition originates from
and was lodged by one of the objectors
The issues raised in the submissions with comment provided on each are as follows.
1.
The proposal is a gross overdevelopment of the site in a cul-de-sac street.
Comment: The proposal complies with the BLEP 2012’s development standards for maximum
height and FSR and is generally in accordance with the BLEP 2012 objectives for the area. It
achieves acceptable compliance with other guidelines in the BDCP and RFDC that influence the
development’s scale. It is not considered an overdevelopment.
2.
The proposed height is excessive and out of character with existing dwelling houses which
are mostly single storey. The height and design of the proposal are out of character with the
whole streetscape.
Comment: The building height limit in the BLEP 2012 is not exceeded. This is the first development
within an area in transition and while the existing dwelling house heights and the streetscape
character are taken into consideration with the assessment of the application they do not carry
determining weight as the area will transition towards more medium density development under the
BLEP 2012’s zoning and development standards. The preceding Burwood Planning Scheme
Ordinance (BPSO) 1979 permitted buildings of up to 8 storeys in this area.
3.
The development will cause detrimental shadow impacts on adjoining lots. In particular the
living areas, north side bedrooms and back garden of the adjoining dwelling house to the
south will lose most solar access.
Comment: Some shadowing impacts on the existing dwelling house to the south are acknowledged
but some impacts are inevitable where the precinct is transitioning to a medium density
development format. Shadow impacts are managed in this case by the development’s compliance
with the maximum building height development standard and acceptable compliance with relevant
boundary setback guidelines. The development’s break-up into two buildings which reduces its
overall mass and scale, and the reduction of Town House 6 from 3 storeys to 2 storeys also
ameliorate shadowing impacts. Given the overall development envelope provided for the site by
applicable planning controls it is unlikely that feasible changes to the proposal would significantly
reduce the perceived shadowing impacts.
4.
Noise pollution generally will increase. The adjoining dwelling house to the south will suffer
substantial and extended noise impacts from the proposal’s driveway located adjacent to the
boundary
Comment: Potential general noise will be consistent with this medium development format. Noise
impacts from air-conditioning will be addressed by consent condition. With regard to the driveway
adjacent to the existing dwelling house, the revised plans include a 1.8 m high wall to help reduce
adverse noise impacts. A consent condition can ensure the design and appearance of this wall is
coordinated with the adjoining land owner.
15
COUNCIL
5.
7 DECEMBER 2015
Street car parking is already limited and the proposal will add to demand. Traffic congestion
will increase and the road system cannot accommodate it. Bin collection will be more difficult.
Comment: The development complies with the car parking requirements for multi-dwelling housing.
The Manager Traffic and Transport has not highlighted any adverse traffic impacts. Bin collection
will continue as normal.
6.
Detrimental impacts on existing lifestyle, community and amenity. Loss of natural wind flows.
Should be alternative vision for area of reduced environmental impacts and disturbance,
increased connectivity and safety and reduced traffic congestion.
Comment: The proposed development indicates that significant change to the character of the area
is underway. This is facilitated by the current planning controls which in themselves are consistent
with the State Government’s planning strategies for Sydney which require more dwellings to be
provided in accessible locations such as Burwood.
Conclusion
The proposed development proposal indicates that this local area is in transition to a medium
density development future. The proposal achieves adequate compliance with the requirements of
the BLEP 2012 and the BDCP 2013, and with SEPP 65 and the RFDC. It is recommended for
development consent subject to conditions.
That Council call for a Division in accordance with Section 375A of the Local Government
Act 1993 to record Councillor’s voting for and against on each planning decision.
Recommendation(s)
A. That Development Application 30/2015 for demolition of existing dwelling houses and other
structures and erection of multi dwelling housing comprising 10 town houses each of three
storeys (except one 2 storey unit) in two buildings above a basement parking level be granted
consent subject to the following conditions.
(1)
The development is to be carried out in accordance with the following plans and
documentation except as amended by other conditions of this consent:
Architectural plans prepared by Tony Owens Partners received by Council on 2 October
2015, as follows: A003, A004, A100, A101, A102, A103, A104, A200, A201, A202, A300,
A401, A402, A450, A451, A452, A455, A500, A512, A513, A514, A515, A516, A600,
A601, A620, A700, A701, A800 (External Finishes); all Revision F.
Landscape Plans by Formed Gardens Pty Ltd received by Council on 2 October 2015: LO
1-3 Issue F and the Landscape Management Plan dated August 2015.
Stormwater Management Plans by Istruct Consulting Engineers D01, D02 Revision 1
dated February 2015 and received by Council on 23 February 2015.
FEES
(2)
Building and Construction Industry Long Service Corporation Levy $10,153 (Payment to be
made to Council, the Corporation or its Agent).
(3)
Damage Deposit - security deposit against damage occurring to Council's assets (footpath,
road, stormwater drainage system, kerb and gutter, etc) during building work $15,000
(Payment to be made to Council as a bond prior to issue of a Construction Certificate
and/or commencement of demolition/bulk excavation).
16
COUNCIL
7 DECEMBER 2015
NOTE: This deposit is refundable if no damage occurs.
(4)
Construction by the Applicant/Council the stormwater drainage works $2,000 (Payment to be
made to Council as a bond).
(5)
If Council is nominated as the Principal Certifying Authority (PCA) an inspection fee is to
be paid.
This fee is for 20 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).
(6)
Section 94A Contribution: $29,000.30 (Payment to be made to Council).
Note: the contribution amount will be adjusted at the time of payment. See Planning
Condition 8 for more details.
PLANNING
(7)
Compliance and implementation of the recommendations contained in the report DA Acoustic
Assessment by Acoustic Logic Consultancy P/L Revision 0 dated 18 December 2014 and
received by Council on 23 February 2015.
(8)
Pursuant to Section 94A of the Environmental Planning and Assessment Act 1979 and the
Section 94A Contributions Plan for the Burwood Local Government Area (Excluding Burwood
Town Centre), the following monetary contribution towards public services and amenities is
required:
Contribution Element
A levy of 1% of the cost of carrying out the
development, where the cost calculated and agreed
by Council is $2,900,030.00
Index Period
Sept 2014
CPI1
Contribution
$29,000.30
106.6
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;
CPI2
the 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)
CPI1
the Consumer Price Index: All Groups Index for Sydney, applied at the time
of granting the development consent as shown on the development consent.
17
COUNCIL
7 DECEMBER 2015
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 94A Contributions Plan for the Burwood Local Government Area (Excluding Burwood
Town Centre).
Note: Credit cards and personal cheques are not accepted for the payment of Section 94A
Contributions in excess of $5,000.
(9)
Glazed balcony balustrades shall be constructed of opaque materials in lieu of clear glazing.
(10) External gas water heaters are to be located in recessed enclosures within external walls and
are to be located and are to be located so as to be not visible from a public road or place or
adjoining property. Similarly, air conditioning units and plant are to be located so as not to be
visible from a public road or place or adjoining property.
(11) A separate application shall be lodged for any proposed subdivision of the site. Such
subdivision shall designate all car parking spaces attached to a lot with the exception of
visitor parking which shall be designated as common property. No car parking spaces shall
be created as a separate lot. The drainage system for the site including basement pit and
pumps and on site detention shall be designated as common property.
(12) Clothes drying areas or facilities shall be provided within an area of communal open space or
provided within each residential unit. If provided on the balconies of individual units, the
drying facilities must be screened from exterior view, and be designed in such a way that they
do not detract from the building’s appearance from the public domain.
(13) Doors or gates are to be installed at the pedestrian and vehicular access ways to the
development from Stanley Street that will provide for secure access to the town houses and
the car parking basement. The gates or doors are to be appropriately security keyed to
ensure the personal safety and security of residents on the development. An intercom system
connecting each town house to the pedestrian and vehicular doors or gates is also to be
installed that enables remote opening of the doors or gates for visitors to the building. Details
are to be submitted and approved prior to the issue of a Construction Certificate.
(14) A security camera system that monitors the main pedestrian entry (ie on the northern side of
the site) and the vehicular driveway to the development from Stanley Street on a 24 hour ,7
day a week basis is to be installed and maintained for the life of the development. The
system is to meet the standards of the NSW Police. Details are to be submitted and
approved prior to the issue of a Construction Certificate.
(15) Provision of storage space in each unit and in the basement is to comply with the
recommendations of the Residential Flat Design Code. A schedule shall be submitted to the
Principal Certifying Authority demonstrating compliance and approved prior to the issue of a
Construction Certificate.
(16) Provision of accessible/adaptable residential apartments and accessible parking spaces is to
comply with the applicable Australian Standards as indicated in Section 3.2.19 of the
Burwood Development Control Plan 2013.
(17) The fences and walls provided for and within the development are to comply with the
provisions of the Burwood Development Control Plan 2013 Section 4.3.2.3 Site and Building
18
COUNCIL
7 DECEMBER 2015
Amenity Items P35-38. Details are to be submitted and approved prior to the issue of a
Construction Certificate.
(18) The mail boxes for the development are to be relocated within the development site to the
main pedestrian entrance pathway and positioned so that the mail can be delivered by
Australia Post but is only removable from the mail boxes from within the development’s
secure area as referred to in the above condition. The mail boxes are to be provided with
secure locks that meet the standards of the NSW Police and Australia Post. Details are to be
submitted and approved prior to the issue of a Construction Certificate.
(19) The windows in the southern wall of the front town house building that is setback only 2 m
from the southern boundary are be provided with external privacy louvers, details to be
submitted and approved prior to the issue of a Construction Certificate.
(20) The extensive areas of white painted concrete on the north and south facades and also on
the west (street) façade are to be replaced with a material and finish equivalent to pre-painted
or textured through colour panels. Details are to be submitted to Council and approved prior
to the issue of a Construction Certificate.
(21) The 1.8 m high wall indicated on Plan A101 along the southern boundary of the development
site that aims to reduce potential adverse noise impacts on the adjoining dwelling house is to
be constructed with a design, finish and appearance and with construction materials that
have been coordinated with and endorsed by the adjoining land owner, details to be
submitted and approved prior to the issue of a Construction Certificate.
BUILDING
(22) 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 Act 1979)
(23) 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
assistance either visit www.sydneywater.com.au > 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 the issuing of an Occupation Certificate.
(24) Treatment for the protection of the building from subterranean termites must be carried out in
accordance with Australian Standard AS 3660.1-2014 “Termite management - New building
work.”
If the method of protection is to be by way of a chemical barrier, it becomes the responsibility
19
COUNCIL
7 DECEMBER 2015
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)
(ii)
(iii)
(iv)
b.
The method of protection.
The date of installation of the system.
Where a chemical barrier is used, its life expectancy as listed on the National
Registration Authority label.
The installer's or manufacturer's recommendation for the scope and frequency of
future inspection for termite activity.
Provide the Principal Certifying Authority with a Certificate which verifies that termite
protection has been provided in accordance with Australian Standard AS 3660.1-2014.
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.
Details showing compliance with this requirement must be noted on the plans or in the
specifications prior to the issuing of a Construction Certificate.
(25) Balcony balustrades being a minimum height of 1m. Details of the method of achieving this
must be noted on the plans or in the specifications prior to the issuing of a Construction
Certificate.
(26) Continuous balustrades shall be provided along the side/s of any stairway or ramp, any
corridor, hallway, balcony, access bridge or the like, any path of access to a building if:a.
It is not bounded by a wall; and
b.
The change in level is more than one (1) metre, or five (5) risers in the case of a
stairway, from the floor or ground surface beneath;
except where specific exemptions are provided in the Building Code of Australia.
Balustrades shall prevent as far as practicable:
a.
Children climbing over or through it; and
b.
Persons accidentally falling from the floor; and
c.
Objects which might strike a person at a lower level falling from the floor surface.
Balustrade heights and designs shall comply with Part D2.16 of the Building Code of
Australia and Australian Standard/New Zealand Standard AS/NZS 1170 Part 1 – Structural
design actions.
Details of the method of satisfying these requirements must be noted on the plans or in the
specifications prior to the issuing of a Construction Certificate.
(27) A Fire Safety Certificate (copies available from Council) is to be given to the Principal
Certifying Authority prior to applying for an Occupation Certificate (Interim or Final) and
thereafter once in every 12 month period an Annual Fire Safety Statement is to be given to
Council. The certificate and statement attest to both the inspection of all essential fire safety
measures by a suitably qualified person and to the regular maintenance of the fire safety
20
COUNCIL
7 DECEMBER 2015
measures. A copy of the Fire Safety Certificate and the Fire Safety Schedule are to be given
to the Commissioner of Fire and Rescue NSW by the building owner and copies of these
documents are to be prominently displayed in the building. Similarly copies of Annual Fire
Safety Statements are also to be given to the Commissioner and displayed in the building.
(Vide clause 153 & Division 3 of the Environmental Planning & Assessment Regulation 2000)
(28) Where residential building work (within the meaning of the Home Building Act 1989) is
proposed to be carried out, either of the following is to be provided to the Principal Certifying
Authority prior to the issuing of a Construction Certificate:
a.
Where work is carried out by a Principal Contractor:
(i)
written advice of the Principal Contractor’s name and licence number, and
(ii)
a certificate purporting to be issued by an approved insurer under Part 6 of
the Home Building Act 1989 to the effect that a person is the holder of an
insurance contract issued for the purposes of that Part.
OR
b.
Where work is carried out by an owner-builder:
(i)
written advice of the person's name and Owner-Builder Permit number, or
(ii)
a signed declaration from the owner of the land that states the reasonable
market cost of the labour and materials involved in the work is not high
enough for the owner to need an Owner-Builder's Permit to do the work.
(29) Toilet facilities are to be provided at, or in the vicinity of the work site, at the rate of one toilet
for every 20 persons or part of 20 persons employed at the site. Each toilet provided:
a.
b.
must be a standard flushing toilet, and
must be connected:
(i) to a public sewer, or
(ii) to an approved chemical closet facility.
The toilet facilities are to be completed before any other work is commenced.
(30) All building work must be carried out in accordance with the provisions of the Building Code
of Australia.
(31) All excavations associated with the erection or demolition of the building are to be properly
guarded and protected to prevent them from being dangerous to life or property.
(32) If an excavation associated with the erection or demolition of a building extends below the
level of the base of the footings of a building on an adjoining allotment of land, the person
causing the excavation to be made:
a.
must preserve and protect the building from possible damage, and
b.
if necessary, must underpin and support the building in an approved manner, and
c.
must, at least 7 days before excavation below the level of the base of the footings of
a building on an adjoining allotment of land, give notice of intention to do so to the
owner of the adjoining allotment of land and furnish particulars of the excavation to
the owner of the building being erected or demolished.
21
COUNCIL
7 DECEMBER 2015
The owner of the adjoining allotment of land is not liable for any part of the cost of work
carried out for the purposes of this condition, whether carried out on the allotment of land
being excavated or on the adjoining allotment of land.
Allotment of land includes a public road and any other public place.
(33) If the work involved in the erection or demolition of a building:
a.
is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or
rendered inconvenient, or
b.
building involves the enclosure of a public place.
A hoarding or fence must be erected between the work site and the public place.
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.
The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to
persons in the public place.
Any such hoarding, fence or awning is to be removed when the work has been completed.
(34) Dial Before You Dig is a free national community service designed to prevent damage and
disruption to the vast pipe and cable networks which provides Australia with the essential
services we use everyday – electricity, gas, communications and water.
Before you dig call “Dial Before You Dig” on 1100 (listen to the prompts) or register on line at
www.1100.com.au for underground utility services information for any excavation areas.
The Dial Before You Dig service is also designed to protect Australia’s excavators. Whether
you are a backyard renovator, an individual tradesman or a professional excavator, the
potential for injury, personal liability and even death exists everyday. Obtaining accurate
information about your work site significantly minimises these risks.
Reason: To ensure that essential services such as electricity, gas, communications and
water are not affected by excavation or construction works.
(35) Safety glazing complying with B1.4 of the Building Code of Australia must be 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 1288 - Glass in Buildings Selection and Installation.
Should an alternative method of complying with B1.4 of the Building Code of Australia be
proposed, please submit details to the Council for approval prior to installation. Such details
are to show compliance with the performance provisions under BP1.3 of the Building Code of
Australia.
(36) 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 assistance
either visit www.sydneywater.com.au > Building and developing > Developing your Land >
Water Servicing Coordinator or telephone 13 20 92.
22
COUNCIL
7 DECEMBER 2015
The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the
issuing of an Occupation Certificate.
(37) Means of egress complying with Section D of the Building Code of Australia. Details of the
method of achieving this must be noted on the plans or in the specifications prior to the
issuing of a Construction Certificate.
(38) Your attention is directed to the following:
WARNING
The approved plans must be submitted to a Sydney Water Quick Check agent to determine
whether the development will affect any Sydney Water wastewater and water mains,
stormwater drains and/or easement, and if any requirements need to be met. Plans will be
appropriately stamped and a copy is to be provided to the Principal Certifying Authority prior
to the issuing of a Construction Certificate.
Please refer to the website www.sydneywater.com.au for:
 Quick Check agents details – see Building and Developing then Quick Check and
 Guidelines for Building Over/Adjacent to Sydney Water Assets – see Building and
Developing then Building and Renovating
or telephone 13 20 92.
(39) No materials are to be stored on Council's roads, footpaths or parks.
(40) No work being carried out other than between the hours of 7:00am – 5:30pm Monday to
Fridays and 7:00am – 1:00pm on Saturdays, with no work at all being carried out on Sundays
and Public Holidays.
(41) Hours of work shall be from 7:00am to 5:30pm Mondays to Fridays inclusive, and from
7:00am to 1:00pm Saturdays. No work shall be carried out on Sundays or Public Holidays.
The owner/builder shall be responsible for the compliance of this condition by all subcontractors, including demolishers.
(42) The approved structure shall not be used or occupied unless an Occupation Certificate (being
a Final Certificate or an Interim Certificate) as referred to in section 109C(1)(c) of the
Environmental Planning & Assessment Act 1979 has been issued.
(Vide Section 109M Environmental Planning & Assessment Act 1979)
(43) An application for a Construction Certificate is to be made to Council or an Accredited
Certifier. Council's “Construction Certificate Application” form is to be used where application
is made to Council. Copies are available upon request. A Construction Certificate must be
obtained prior to the commencement of any building work.
(44) Structural Engineer details prepared and certified by a practicing Structural Engineer for all
reinforced concrete and structural members being submitted to the Principal Certifying
Authority for approval prior to the issuing of a Construction Certificate.
(45) 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 1288, Table
4.5, SAA Glass Installation Code (Human Impact Considerations).
(46) Safety glazing complying with B1.4 of the Building Code of Australia must be 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 1288 - Glass in Buildings 23
COUNCIL
7 DECEMBER 2015
Selection and Installation.
Should an alternative method of complying with B1.4 of the Building Code of Australia be
proposed, please submit details to the Council for approval prior to installation. Such details
are to show compliance with the performance provisions under BP1.3 of the Building Code of
Australia.
(47) A registered surveyor's certificate being submitted to the Principal Certifying Authority, prior to
the issue of an Occupation Certificate, as follows:a.
Before pouring of concrete slab on every level to indicate the height of the finished floor
level and to show boundary clearances; and
b.
On completion of the building to indicate the height of the finished floor levels, the
height of the roof ridge/parapet and to show boundary clearances and areas of the site
occupied by the building.
(48) The Class 2 and 7a building being equipped with a smoke alarm system as required by Table
E2.2a of the Building Code of Australia.
Mains powered smoke alarms complying with AS 3786-1993 are to be installed at or near the
ceiling in:
(a)
Any storey containing bedrooms –
(i)
(ii)
(b)
(c)
Between each part containing bedrooms and the remainder; and
Where bedrooms are served by a hallway; in that hallway; and
Any other storey not containing bedrooms, in the egress paths; and
In public corridors and other internal public spaces so that a sound pressure level of
85 dB(A) is provided at the door to each sole-occupancy unit.
(49) Mechanical ventilation/air conditioning details are to be submitted to Council or the
Accredited Certifier for approval prior to the issue of a Construction Certificate and must
include the following:a.
b.
c.
d.
The size and location of the proposed ductwork;
The location of the equipment;
The performance characteristics of the proposed motors/s and fan/s
The air flow characteristics of the system.
At the completion of work a Certificate from an Accredited Certifier, Mechanical Engineer of
other suitably qualified person, to the effect that the ventilation system has been installed and
performs in accordance with the provisions of Part F4 of the Building Code of Australia.
Australian Standard-New Zealand Standard AS/NZS 1668 “The use of mechanical ventilation
and air-conditioning in buildings” Part 1 and Part 2, Australian Standard-New Zealand
Standard A/NZS 3666-2002 and the Noise Control Act 1975 must be submitted to the
Principal Certifying Authority before an Occupation Certificate is issued.
(50) Engineering Design – Basement Excavation
The following engineering details or design documentation shall be submitted to the Principal
Certifying Authority (Council or the Accredited Certifier) prior to the issue of a Construction
Certificate:
(a)
Documentary evidence prepared by a suitably qualified professional geotechnical
24
COUNCIL
7 DECEMBER 2015
engineer that confirms the suitability of the site for the proposed excavation and
building, as well as certifying the suitability and adequacy of the proposed design and
construction of the building site.
(b)
A report shall be prepared by a professional engineer prior to the issue of a
construction certificate detailing the proposed methods of excavation, shoring or pile
construction including details of vibration emissions and detailing any possible damage
which may occur to adjoining or nearby premises due to building and excavation works.
Any practices or procedures specified in the engineer’s report in relation to avoidance
or minimisation of structural damage to nearby premises, are to be fully complied with
and incorporated into the plans and specifications for the Construction Certificate.
A copy of the engineer’s report is to be submitted to Council, even if the Council is not
the Principal Certifying Authority.
(51) The Commonwealth Disability Discrimination Act 1992 may apply to this particular proposal.
Submission and/or approval of the application does not imply or confer compliance with this
Act. Applicants should satisfy themselves and make enquiries to the Human Rights and
Equal Opportunity Commission.
(52) Dilapidation surveys are to be carried out by a Practicing Structural Engineer, which are to
include a full photographic record of the exterior and interior of all buildings on land adjoining
the site at the applicants/owners’ expense. The survey is to be submitted to Council and the
adjoining land owners prior to commencement of any works. A further dilapidation survey
is to be carried out and submitted to Council and the adjoining owners prior to the issuing
of an Occupation Certificate. The dilapidation surveys shall be dated accordingly.
DEMOLITION
(53) Demolition of the building is to be carried out in accordance with the requirements of
Australian Standard AS 2601 – 2001, where applicable.
(54) Hours of demolition work shall be from 7:00am to 5:30pm Mondays to Fridays inclusive, and
from 7:00am to 1:00pm Saturdays. No demolition work shall be carried out on Sundays or
Public Holidays. The owner/builder shall be responsible for the compliance of this condition
by all sub-contractors, including demolishers.
(55) Access to the site is to be restricted and the site is to be secured when demolition work is not
in progress or the site is otherwise occupied.
(56) The demolition site is to be provided with measures to mitigate against dust nuisances arising
on adjoining sites and roadways. To achieve this, a fence or barrier is to be erected around
the site. The construction may be steel mesh which is covered with a suitable filtering
medium or such other construction acceptable to Council. An effective program of watering
the site is also required to be maintained.
(57) If the work involved in the erection or demolition of a building:
a.
is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or
rendered inconvenient, or
b.
involves the enclosure of a public place,
a hoarding or fence must be erected between the work site and the public place.
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.
25
COUNCIL
7 DECEMBER 2015
The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to
persons in the public place.
Any such hoarding, fence or awning is to be removed when the work has been completed.
(58) A WorkCover licensed contractor must undertake removal of more than 10 square metres of
any bonded asbestos. Removal of any friable asbestos must only be undertaken by a
contractor that holds a current friable asbestos removal licence.
(59) Removal of any asbestos must be undertaken in compliance with the requirements of
WorkCover. Refer to their publication “Your Guide to Working with Asbestos.”
(60) Demolition sites that involve the removal of any asbestos must display a standard
commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN
PROGRESS” measuring not less than 400mm x 300mm erected in a prominent visible
location at the site to the satisfaction of Council Officers. The sign is to be erected prior to the
commencement of demolition works and is to remain in place until such time as all asbestos
has been removed from the site to an approved waste facility. This will ensure compliance
with Clause 469 of the Work Health and Safety Regulation 2011.
(61) All asbestos waste must be stored, transported and disposed of in compliance with the
Protection of the Environment Operations (Waste) Regulation 2005.
(62) All asbestos laden waste must be disposed of at an approved waste disposal depot (Refer to
the Office of Environment and Heritage or Waste Service NSW for details of sites).
(63) Written notice must be provided to Council and adjoining neighbours at least two working
days prior to commencement of any works.
Such written notice is to include the following details:


Date of asbestos removal; and
Name, address contact details (including after hours contact telephone number) and
WorkCover licence number of the asbestos removal contractor.
Work is not to commence prior to the nominated date.
(64) All asbestos cement sheeting must be removed prior to the commencement of:
a.
Brick veneering or re-cladding of any building where the existing walls to be covered
are clad with asbestos cement;
OR
b.
Construction work where the new work abuts existing asbestos cement sheeting
and/or where existing asbestos cement sheeting is to be altered or demolished.
ENVIRONMENT & HEALTH
Environmental Management:
(65) An Environmental Management Plan is to be submitted to Council for approval, prior to the
commencement of any works, detailing the control and management methods to be
implemented in addressing the following issues during the demolition, excavation and
construction phases of the project::

Noise and vibration control
26
COUNCIL







7 DECEMBER 2015
Dust and odour suppression and control
Storm water control and discharge
Erosion control
Waste storage and recycling control
Litter control
Construction material storage
Truck cleaning methods on site so as to prevent spread of soil and like materials onto
Council’s roadways
(66) Mechanical ventilation and or air conditioning systems and equipment are to be designed and
installed in locations that do not cause any noise nuisance or disturbance to near-by
residential or premises.
(67) A car wash area / bay is to be provided at the basement car park level and be graded and
drained to a waste water disposal system in accordance with the requirements of Sydney
Water.
Waste Management:
(68) A waste cupboard or other storage area is to be provided within each dwelling which is of
sufficient size to hold a single day’s waste and to enable source separation of general waste,
recyclables and compostable materials.
(69) All garbage shall be stored in the designated garbage areas, which includes provision for the
storage of all putrescible waste and recyclable material emanating from the premises.
Adequate natural or mechanical ventilation is required where bins are stored in an enclosed
area and meet fire safety standards in accordance with the Building Code of Australia.
(70) Waste and recycling bins shall be kept in a clean and hygienic condition. Bins are to be
washed regularly within the garbage wash aby area with any waste water being discharged to
the sewer by way of the grated drain.
(71) Prior to the issue of the Occupation Certificate, the applicant is to arrange with Council’s
Environment and Health Section the issue of the appropriate number of garbage and
recycling bins and payment of the necessary fees to enable commencement of the waste and
recycling service.
ENGINEERING
(72) A detailed drainage design shall be submitted to the Principal Certifying Authority.
a.
The design and calculations shall indicate the details of the proposed method of
stormwater disposal and shall be prepared by a competent practicing hydraulic/civil
engineer in accordance with Council's Stormwater Management Code.
b.
Allowance shall be made for surface runoff from adjacent properties, and to retain
existing surface flow path systems through the site. Any redirection or treatment of
these flows shall not adversely affect any other property.
c.
Overflow paths shall be provided to allow for flows in excess of the capacity of the
pipe/drainage system draining the site, as well as from any on-site stormwater
detention storage.
d.
The design is to be reviewed by Council or an Accredited Certifier - Civil Engineering
prior to the issuing of a Construction Certificate.
(73) Details and calculations shall be prepared by a competent practicing Hydraulic/Civil Engineer.
They shall include:
27
COUNCIL
7 DECEMBER 2015
a.
a catchment plan
b.
plans showing proposed and existing floor, ground and pavement levels to Australian
Height Datum (AHD)
c.
details of pipelines/channels showing calculated flows, velocity, size, materials, grade,
invert and surface levels
d.
details and dimensions of pits and drainage structures
e.
hydrologic and hydraulic calculations
f.
details of any services near to or affected by any proposed drainage line
g.
any calculations necessary to demonstrate the functioning of any proposed drainage
facility is in accordance with Council's requirements
h.
the depth and location of any existing stormwater pipeline and/or channel being
connected to shall be confirmed by the applicant on site. Certification of such is to be
provided to Council prior to the release of the construction certificate
The details and calculations are to be reviewed by Council or an Accredited Certifier - Civil
Engineering, prior to the issuing of a Construction Certificate.
(74) On-site stormwater detention storage shall be provided in conjunction with the stormwater
disposal system.
a.
This storage shall be designed by a competent practicing Hydraulic/Civil Engineer in
accordance with Council's Stormwater Management Code and submitted to the
Principal Certifying Authority.
b.
The design is to be reviewed by Council or an Accredited Certifier - Civil Engineering,
prior to the issuing of a Construction Certificate.
(75) The stormwater works on the development property and connection to Council's stormwater
system are to be inspected during construction by a competent practicing hydraulic/civil
engineer. The inspections are to be carried out at the stages of construction listed in the
following schedule. A compliance Certificate verifying that the construction is in accordance
with the approved design, this development consent and satisfies the relevant Australian
Standard is to be submitted to the Principal Certifying Authority before proceeding beyond the
relevant stage of construction.
SCHEDULE OF CONSTRUCTION STAGES REQUIRING INSPECTION
a.
Following placement of pipe bedding material. Confirm trench/pipe location, adequacy
of depth of cover, bedding material and depth.
b.
Following joining of pipes and connection to Council's stormwater system.
c.
For on-site detention systems:-
d.
(i)
Following set out of detention tank/area to confirm area and volume of storage.
(ii)
Following placement of weep-holes, orifice and/or weir flow control, outlet screen
and overflow provision.
Following backfilling. Confirm adequacy of backfilling material and compaction.
28
COUNCIL
7 DECEMBER 2015
(76) Following completion of all drainage works:a.
Works-as-executed plans, prepared and signed by a registered surveyor, shall be
prepared. These plans shall include levels and location for all drainage structures and
works, buildings (including floor levels) and finished ground and pavement surface
levels. These plans are to be reviewed by the competent practicing hydraulic/civil
engineer that inspected the works during construction.
b.
The Principal Certifying Authority is to be provided with a Certificate from a competent
practicing hydraulic/civil engineer. The Certificate shall state that all stormwater
drainage and related work has been constructed in accordance with the approved plans
and consent conditions as shown on the work-as-executed plans, prior to the issuing of
an Occupation Certificate.
(77) A Positive Covenant under section 88E of the Conveyancing Act shall be created on the title
of the property(s) detailing the
i)
ii)
On-site Stormwater Detention system
Pump and rising main system
incorporated in the development. The wording of the Instrument shall include but not be
limited to the following:
a.
The proprietor of the property agrees to be responsible for keeping clear and the
maintenance of the facilities consisting of:
i)
ii)
On-site Stormwater Detention system
Pump and rising main system
The applicant shall bear all costs associated with the preparation of the 88E Instrument. The
wording of the Instrument shall be submitted to, and approved by Council prior to lodgement
at the Land and Property Information office. Evidence that the Instrument has been registered
at the Land and Property Information office shall be submitted to Council, prior to issuing of
an Occupation Certificate.
(78) The pump system is only permitted for the drainage of the basement areas where the
finished slab is below the ground level. The following conditions are to be satisfied:
a.
A pump and rising main design shall be submitted to the Principal Certifying Authority
and shall satisfy the following conditions:
(i)
The holding tank for the pump shall be capable of storing runoff from a one hour, 1
in 100 year ARI storm event.
(ii) The pump system shall consist of two (2) pumps, connected in parallel, with each
pump being capable of emptying the holding tank at a rate equal to the lower of the
allowable on site detention discharge rate, or the rate of inflow for the one hour
duration storm.
(iii) An overflow, flashing light and audible alarm are to be provided, to warn of pump
failure.
(iv) Full details of the holding tank, pump type, discharge rate and the delivery line size
are to be documented.
(v) Any drainage disposal to the street gutter, from a pump system must have a stilling
sump provided at the property line, and connected to the street gutter by a suitable
29
COUNCIL
7 DECEMBER 2015
gravity line.
(vi) The capacity of the stilling sump and outlet pump shall be determined and verified
by calculations which are to be documented.
b.
Pumping system details shall be submitted to Council or an Accredited Certifier - Civil
Engineering, prior to the issuing of a Construction Certificate.
c.
The applicant shall submit written evidence to the Principal Certifying Authority that a
contract has been let for the regular maintenance of the pumping system for a minimum
period of 12 months. Information to be submitted to the Principal Certifying Authority
prior to issuing of an Occupation Certificate.
(79) All activities and works external to the site, or that affect public roads, are to be carried out in
accordance with Council's Policies including but not limited to the Works on Council’s Road
Reserve Assets Policy, Rubbish Skips Policy, Work Zone Policy and Temporary Road
Closure (Including Standing Plant) Policy.
(80) A road-opening permit shall be obtained for all works carried out on public or Council
controlled lands. Restoration of landscaping, roads and paths shall be carried out by Council
at the applicant's expense in accordance with Council's Schedule of Fees and Charges.
The applicant or any contractors carrying out works in public or Council controlled lands shall
have public liability insurance cover to the value of $20 million, and shall provide proof of
such cover to the Principal Certifying Authority prior to carrying out the works. Please see
Burwood Council’s web site www.burwood.nsw.gov.au - Go to Development/Working
on Footpaths or Roadways/Works on Council Property (Application Form).
(81) Spoil and building materials shall not be placed, stored, thrown or caused to fall on any public
roadway or footpath. Waste containers shall be placed in accordance with Council's Rubbish
Skips Policy. Contact Council for a list of approved skip bin suppliers.
(82) The builder is to ensure footpaths and roads affected by construction works are kept safe and
prevent any damage to Council property. The builder shall erect and maintain where
necessary approved hoardings, barricades, warning signs and night warning lamps to ensure
public safety. Pedestrian access across the footpath must be maintained at all times.
(83) The following matters shall apply to the damage deposit listed in the Table of Fees:
a.
This deposit is refundable if no damage occurs. Any damage caused will be repaired at
Council's restoration rates, at the applicant's expense. All or part of the deposit will be
forfeited to cover damage to Council's property during the course of demolition and/or
construction.
b.
Council will carry out two inspections of the Council's footpath, kerb and gutter,
stormwater drainage system and roadway, prior to works commencing and at the
completion of all work covered by this consent. Council is aware that damage may be
caused by individual contractors that culminate in the damage inspected at Council's
final inspection. The applicant is responsible for attributing any part of the damage to
their individual contractors. Council will not refund any part of a damage deposit until
the completion of the work covered by this consent.
(84) The following matters apply to the construction of the proposed vehicular crossing listed in
the Table of Fees:
a.
A vehicular crossing 3 m wide to Stanley Street shall be constructed by the
Applicant/Council at the applicant’s cost.
b.
The cost of any necessary adjustments to public utility services is not included, and
30
COUNCIL
7 DECEMBER 2015
shall be paid by the applicant to the relevant authority prior to Council commencing the
work.
c.
The driveway shall be 1m clear of any pits, lintels, poles and 2m clear of trees in the
road reserve.
d.
All redundant vehicular crossings shall be removed and replaced with kerb and gutter
and footpath at no cost to Council.
(85) Internal driveway levels shall be designed and constructed to conform with existing footpath
and road profiles such that vehicles are not damaged while accessing the property. Council
footpath and road profiles will not be altered for this purpose.
(86) Stormwater from all roof and paved surfaces shall be collected and discharged by means of a
gravity pipe to Council's street drainage system.
(87) The applicant is to have prepared a longitudinal section of the proposed vehicular ramp
access, drawn at 1:25 natural scale.
a.
The longitudinal section shall be prepared by a competent practicing civil engineer in
accordance with AS 2890.1.
b.
The design is to be reviewed by Council or an Accredited Certifier - Civil Engineering
prior to the issuing of a Construction Certificate.
(88) a.
b.
Temporary measures shall be provided during demolition, excavation and/or
construction to prevent sediment and polluted waters discharging from the site.
An erosion and sediment control plan showing such measures shall be prepared by a
competent practicing hydraulic/civil engineer in accordance with Supplement 10 of
Council's Stormwater Management Code.
(89) All demolition and excavation materials are to be removed from the site or disposed off site
using methods that comply with relevant environmental protection legislation.
(90) Vehicles removing demolished materials from the site shall access and depart from the site
through Stanley Street, Woodside Avenue & The Boulevarde. Vehicles involved in removing
materials from the site shall be limited to an 8 tonne gross weight per axle.
(91) The following condition shall be addressed by the Applicant and engineering drawings
addressing the issues shall be submitted to Council prior to release of a Construction
Certificate for the development:

The overland flow flood study report prepared and submitted by Sparks Partners
Consulting Engineers has determined the 1:100 year ARI flood level to be RL 20.120m
AHD. The ground floor level and the crown of basement ramp at entry/exit shall be kept
at 20.420m AHD minimum including the 300mm freeboard requirement for overland
flooding. Should the development propose to lower the basement crown level from
300mm freeboard to 150mm freeboard, the ramp must be provided with a
hydraulic/electrical flood gate with a dedicated power source. The flood gate proposed
must be submitted to Council for approval prior to issuance of a Construction
Certificate. The submission must include the specification of the flood gate,
specification of the electrical source, periodic maintenance schedule and agreement
done between the flood gate maintenance firm and strata management body for
periodic maintenance of flood gate including its electrical components for the period of
at least 15 years after the completion of the development.

An erosion and sediment control plan shall be prepared by a competent practicing
31
COUNCIL
7 DECEMBER 2015
hydraulic/civil engineer addressing all the requirements as stated in Supplement 10 of
Council’s Stormwater Management Code in accordance with Urban Erosion and
Sediment Control Handbook by Department of Conservation and Land Management.
TREE PROTECTION
(92) Excavations for the basement must not exceed the perimeters indicated on the Basement
Floor Plan by Tony Owens Partners – Drawing Number A100, Revision F, so as not to
destabilize the trees located on the rear adjoining property to the east of the site or the
mature tree to be retained in the south-western corner of the site. In accordance with AS4970
(Protection of Trees on Development Sites, 2009) tree protection measures must be
implemented on the mature tree to be retained in south-western corner of the site. This
includes the erection of a 1.8m high chain link fence around the trunk with no stockpiling of
materials within the tree protection zone.
TRAFFIC & PARKING
(93) All owners, tenants and occupiers of this building are not eligible to participate in any existing
or proposed Council on-street resident parking schemes.
(94) Signs reading ‘all owners, tenants and occupiers of this building are advised that they are not
eligible to obtain an on-street resident parking permit from Council’ must be permanently
displayed and located in prominent places such as at display apartments and on all
directory boards or notice boards, where they can easily be observed and read by people
entering the building. The signs must be erected prior to an Occupation Certificate being
issued and must be maintained in good order at all times by the Owners Corporation.
(95) A minimum of 15 off-street car parking spaces must be provided on-site. The design, layout,
signage, line marking, lighting and physical controls of all off-street parking facilities must
comply with the minimum requirements of Australian Standard AS/NZS 2890.1 - 2004
Parking facilities Part 1: Off-street car parking and Council’s Development Control Plan. The
details must be submitted to and approved by the Principal Certifying Authority prior to a
Construction Certificate being issued.
(96) The approved parking spaces must be allocated as detailed below. All spaces must be
appropriately line-marked and labelled according to this requirement prior to the issue of an
Occupation Certificate. If the development is to be strata subdivided, the car park layout must
respect the required allocation:
(a)
13 residential parking spaces.
(b)
2 visitor parking spaces.
(97) Stacked parking spaces (maximum 2 spaces, nose to tail) must be attached to the same
strata title comprising a single dwelling unit subject to the maximum parking limit applying.
The stacked parking spaces must be designated (with appropriate signage) for tenant parking
only (not visitor parking).
(98) Visitor parking spaces must not at any time be allocated, sold or leased to an individual
owner/occupier and must be strictly retained as common property by the Owners Corporation
for use by building visitors. All parking spaces, with the exception of the visitor spaces, must
be allocated to a townhouse and in the event of strata subdivision of the site must be
allocated to a residential lot of the strata plan.
(99) All visitor parking spaces must be grouped together, and located at the most convenient
location to the car parking entrance. All spaces must be clearly marked ‘visitor’ prior to the
issue of an Occupation Certificate. All signs must be maintained in good order at all times.
32
COUNCIL
7 DECEMBER 2015
(100) Where a boom gate or barrier control is in place, the visitor spaces must be accessible to
visitors by the location of an intercom (or card controller system) at the car park entry and at
least 6m clear of the property boundary, wired to all units. The intercom must comply with
'Australian Standard AS 1428.2-1992: Design for access and mobility - Enhance and
additional requirements - Building and facilities Sections 22 and 23'.
(101) Of the required car parking spaces, at least 1 must be designed and provided for accessible
car parking for people with mobility impairment in accordance with Australian Standard
AS/NZS 2890.1 - 2004 Parking facilities Part 1: Off-street car parking. Accessible car parking
spaces must have minimum headroom of 2.5m and must be clearly marked and appropriately
located as accessible parking for people with mobility impairment.
(102) The layout, design and security of bicycle facilities either on-street or off-street must comply
with the minimum requirements of Australian Standard AS 2890.3 – 1993 Parking Facilities
Part 3: Bicycle Parking Facilities.
(103) The site must be configured to allow a vehicle to be driven onto and off the site in a forward
direction.
(104) The following signs must be provided and maintained within the site at the point(s) of vehicle
egress:
(a) Compelling drivers to stop before proceeding onto the public way.
(c) Compelling drivers to "Give Way to Pedestrians" before crossing the footway; or
compelling drivers to "Give Way to Pedestrians and Bicycles" before crossing a footway
on an existing or identified shared path route.
(105) A system of traffic lights and/or mirrors must be installed at the ends of any single lane
ramp(s), to indicate traffic movement on the ramp(s). This system must be detailed in the
application for a Construction Certificate. Any system using traffic light signals must maintain
a green signal to entering vehicles at the point of entry, and must maintain a red signal when
an exiting vehicle is detected upon the ramp or driveway.
(106) The access driveway for the site must not be closer than:
(a) 10 metres from the kerb line of the nearest cross street/lane.
(b) 20 metres from the kerb line of the nearest signalised cross street/lane.
(c) 1 metre from the property boundary of the adjacent site.
(d) 2 metres from any other driveway.
(107) Any proposals for alterations to the public road, involving traffic and parking arrangements,
must be designed in accordance with RMS Technical Directives and must be referred to and
agreed to by the Sydney Traffic Committee prior to any work commencing on site.
(108) All costs associated with the construction of any new road works including kerb and gutter,
road pavement, drainage system and footway shall be borne by the developer. The new road
works must be designed and constructed in accordance with any relevant Australian
Standards, Austroads Guides and RMS Technical Directions.
(109) All costs associated with signposting for any kerbside parking restrictions and traffic
management measures associated with the development shall be borne by the developer.
Attachments
1 Submissions 11 Pages
33
ATTACHMENT 1
ITEM 16/15 66-70 Stanley Street Burwood - Development Application 30/2015 - Proposed Multi
Dwelling Housing Comprising 9 x 3 Storey and 1 x 2 Storey Town Houses in 2 Buildings Over
Basement Parking Level.DOC
Submissions
34
ATTACHMENT 1
ITEM 16/15 66-70 Stanley Street Burwood - Development Application 30/2015 - Proposed Multi
Dwelling Housing Comprising 9 x 3 Storey and 1 x 2 Storey Town Houses in 2 Buildings Over
Basement Parking Level.DOC
Submissions
35
ATTACHMENT 1
ITEM 16/15 66-70 Stanley Street Burwood - Development Application 30/2015 - Proposed Multi
Dwelling Housing Comprising 9 x 3 Storey and 1 x 2 Storey Town Houses in 2 Buildings Over
Basement Parking Level.DOC
Submissions
36
ATTACHMENT 1
ITEM 16/15 66-70 Stanley Street Burwood - Development Application 30/2015 - Proposed Multi
Dwelling Housing Comprising 9 x 3 Storey and 1 x 2 Storey Town Houses in 2 Buildings Over
Basement Parking Level.DOC
Submissions
37
ATTACHMENT 1
ITEM 16/15 66-70 Stanley Street Burwood - Development Application 30/2015 - Proposed Multi
Dwelling Housing Comprising 9 x 3 Storey and 1 x 2 Storey Town Houses in 2 Buildings Over
Basement Parking Level.DOC
Submissions
38
ATTACHMENT 1
ITEM 16/15 66-70 Stanley Street Burwood - Development Application 30/2015 - Proposed Multi
Dwelling Housing Comprising 9 x 3 Storey and 1 x 2 Storey Town Houses in 2 Buildings Over
Basement Parking Level.DOC
Submissions
39
ATTACHMENT 1
ITEM 16/15 66-70 Stanley Street Burwood - Development Application 30/2015 - Proposed Multi
Dwelling Housing Comprising 9 x 3 Storey and 1 x 2 Storey Town Houses in 2 Buildings Over
Basement Parking Level.DOC
Submissions
40
ATTACHMENT 1
ITEM 16/15 66-70 Stanley Street Burwood - Development Application 30/2015 - Proposed Multi
Dwelling Housing Comprising 9 x 3 Storey and 1 x 2 Storey Town Houses in 2 Buildings Over
Basement Parking Level.DOC
Submissions
41
ATTACHMENT 1
ITEM 16/15 66-70 Stanley Street Burwood - Development Application 30/2015 - Proposed Multi
Dwelling Housing Comprising 9 x 3 Storey and 1 x 2 Storey Town Houses in 2 Buildings Over
Basement Parking Level.DOC
Submissions
42
ATTACHMENT 1
ITEM 16/15 66-70 Stanley Street Burwood - Development Application 30/2015 - Proposed Multi
Dwelling Housing Comprising 9 x 3 Storey and 1 x 2 Storey Town Houses in 2 Buildings Over
Basement Parking Level.DOC
Submissions
43
ATTACHMENT 1
ITEM 16/15 66-70 Stanley Street Burwood - Development Application 30/2015 - Proposed Multi
Dwelling Housing Comprising 9 x 3 Storey and 1 x 2 Storey Town Houses in 2 Buildings Over
Basement Parking Level.DOC
Submissions
44
COUNCIL
7 DECEMBER 2015
(ITEM 127/15) CROYDON STATION UPGRADE - TRAFFIC MANAGEMENT
PLANS
File No: 15/53974
REPORT BY DEPUTY GENERAL MANAGER LAND, INFRASTRUCTURE AND ENVIRONMENT
Summary
To facilitate the upcoming easy access upgrade works at Croydon Station the contractors John
Holland Construction on behalf of the State Government (Transport for New South Wales) have
requested a number of changes to traffic management on the road network around the Station.
These changes will help ensure continuous access for pedestrians as well as to subsidise changes
to on-street parking provisions during the construction process.
Background
The NSW Government is making changes to Croydon Station to improve access for customers.
The upgrade will include:





three new lifts
new station concourse and pedestrian footbridge
improved shelter
new bicycle racks
upgrades to lighting and security cameras
Following on from the Mayoral Minute raised at the October Ordinary Council Meeting, a
submission was submitted in response to the Review of Environmental Factors (REF) for the
Croydon Station Easy Access Upgrade, particularly in respect to the need for the design of the new
Station structures to complement the heritage character and village-feel of Croydon.
The commencement of the site establishment works at the Station is programmed for 19
December 2015. Completion of the project is scheduled for mid 2017.
Proposal
In order to ensure uninterrupted access for pedestrians and commuters being dropped off at
Croydon Station a number of changes are required to be made in the road network surrounding
Croydon Station. The changes will impact upon streets within both the Burwood and Ashfield Local
Government Areas.
Stage 1 – December 2015 – May 2016
The footpath on the eastern side of Meta Street across the bridge will be closed for the duration of
works, along with the footpath on the southern side of Hennessey Street between Meta Street and
the pedestrian crossing. As a result a new temporary pedestrian crossing will be required to be
installed in Hennessey Street 25 metres east of the existing crossing location. The existing ‘Kiss
and Ride’ area located on the southern side of Hennessey Street will also require relocating east of
its current location.
Pedestrians wanting to access the station from Hennessey Street will then be required to gain
access via the Paisley Road entrance by walking along the northern side of Hennessey Street,
crossing Young Street at the existing pedestrian crossing and walking along the western side of
Meta Street bridge, then crossing Paisley Road and The Strand at the signalised intersection.
45
COUNCIL
7 DECEMBER 2015
A work site will be set up within Paisley Road, east of The Strand. The work site will include the 90
degree angled parking spaces as well as the ‘Loading Zone’ located between The Strand and
Paisley Lane. To minimise impact on local businesses, the ‘Loading Zone’ will be relocated further
east along Paisley Road. Private property access will not be affected during these works.
Stage 2 – June 2016 – July 2017
Access to Croydon Station will be relocated away from the current concourse during stage two of
the works. In order to provide access to the platforms a temporary footbridge will be installed with
direct entrance via Paisley Road. To facilitate pedestrians who will be required to cross from the
southern side of Paisley Road to access the station a temporary pedestrian crossing will also be
installed in this area, along with additional bike racks.
A new ‘Kiss and Ride’ area will also be installed on the western side of Edwin Street South.
Copies of the Traffic Control Plans for Stage one and Stage two are attached.
Consultation
The Croydon Station Easy Upgrade Review of Environmental Factors was placed on public
exhibition by the State Government. Consultation with affected residents and businesses will be
required to be undertaken as part of the approval process.
The Traffic Control Plans for Stages one and two have been consulted to members of the Burwood
Local Traffic Committee with no objections raised.
Financial Implications
All costs associated with changes to traffic/pedestrian facilities and parking restrictions will be
borne by the contractors undertaking the works.
Recommendations
1. That Council approve the changes to traffic and parking in Hennessey Street, Meta Street and
Paisley Road, Croydon within the Burwood LGA as per the Traffic Control Plans in the report.
2. That all affected residents and businesses be notified prior to changes taking place.
Attachments
1 Croydon Station Easy Access Upgrade TCP Stages 1 and 2 2 Pages
46
ATTACHMENT 1
ITEM 127/15 Croydon Station Upgrade - Traffic Management Plans.DOC
Croydon Station Easy Access Upgrade TCP Stages 1 and 2
47
ATTACHMENT 1
ITEM 127/15 Croydon Station Upgrade - Traffic Management Plans.DOC
Croydon Station Easy Access Upgrade TCP Stages 1 and 2
48
COUNCIL
7 DECEMBER 2015
(ITEM 128/15) ADOPTION - DRAFT PERMIT PARKING SCHEME POLICY
File No: 15/54236
REPORT BY DEPUTY GENERAL MANAGER LAND, INFRASRUCTURE AND ENVIRONMENT
Summary
To seek Council’s approval for the Draft Permit Parking Scheme Policy, which has been reviewed
in accordance with the current Public Parking Strategy and RMS Permit Parking Guidelines. The
review includes a new Commuter Parking Permit and associated fee which is available to residents
of Burwood south of Liverpool Road, as well as the inclusion of guidelines for temporary one-day
permits.
Background
Burwood Council is the Parking Authority for all on-street parking within the Local Government
Area (LGA), and in certain areas where demand for on-street parking exceeds supply, or areas
which fall under the Public Parking Strategy, Council has installed ‘time limited’ parking with
exemptions for permit holders.
Council has implemented a Permit Parking Scheme (PPS) in order to allow residents, residents’
visitors and business operators to park their vehicles in these restricted areas without time
restrictions or charge. As part of the Burwood Public Parking Strategy Review II, the desire for an
additional type of permit was identified to assist residents south of Liverpool Road in accessing
public transport.
The Draft Policy, and the attached application form, outlines the circumstances under which
individuals may apply for, and be granted, a Parking Permit. Permits will only be issued in
accordance with the eligibility criteria and conditions outlined in the Draft Policy.
Proposal
It is proposed to implement a new Commuter Parking Permit which would allow residents south of
Liverpool Road an opportunity to park their vehicle within closer proximity to public transport for the
purpose of commuting to and from work. Commuter Parking Permits will allow users to park within
existing Permit Parking Scheme Areas which have been identified as having capacity to cater for
additional parking during the day.
Inclusions have also been made within the Draft Policy for Special Considerations to be made for
temporary one day permits to facilitate religious events such as weddings and funerals etc.
The initial implementation of the Commuter Parking Permit will be limited to a total of 50 permits
available for use within 10 designated streets (five permits per street). This is to ensure local
streets do not become overrun with commuters which was the case prior to the development of the
Parking Strategy.
The following eligibility criteria for applicants will need to be addressed prior to the issuing of
Commuter Parking Permits:
1.
Permits will be issued to residents of Burwood that reside south of Liverpool Road.
2.
The resident is able to verify to Council that they require public transport to commute to their
place of business outside of the Burwood LGA.
3.
A maximum of one Commuter Permit will be issued per household.
49
COUNCIL
7 DECEMBER 2015
Once issued, Commuter Parking Permits may only be used for the purpose of commuting via
public transport to a workplace outside of the Burwood LGA. The Commuter Parking Permit is not
valid for use outside of this purpose or for activities such as attending areas within the Burwood
LGA.
Parking Permits issued under special consideration can only be obtained when a formal application
(together with supporting documentation) is submitted to Council in advance of any event for
assessment. Applications will be assessed by the Manager Traffic & Transport, with final approval
from the Deputy General Manager Land, Infrastructure & Environment.
Consultation
The Commuter Parking Permit proposal was part of the Burwood Public Parking Strategy Review
undertaken in 2014. Members of the Burwood Local Traffic Committee as well as the general
public were invited to provide comment on the proposal, with no submissions received.
The Draft Permit Parking Scheme Policy has been approved by the General Manager and
Council’s Policy, Corporate Practice and Procedures Panel.
Planning or Policy Implications
Once approved by Council the Policy will be published on Council’s website for members of the
public and circulated to Council Officers via email.
Financial Implications
The cost of administration and processing of the application forms can be offset by the proposed
Commuter Parking Permit fee of $55.00 (including GST).
Recommendation
1.
That Council approve the Draft Permit Parking Scheme Policy in principle and that the fee of
$55.00 be placed on public exhibition in accordance with Section Sections 610F and 705 of
the Local Government Act 1993.
2.
That the results of the public exhibition be reported to Council.
Attachments
1 Draft Permit Parking Scheme Policy 9 Pages
50
ATTACHMENT 1
ITEM 128/15 Adoption - Draft Permit Parking Scheme Policy.DOC
Draft Permit Parking Scheme Policy
DRAFT – PERMIT PARKING SCHEME (PPS)
POLICY INCLUDING APPLICATION FORM
PO Box 240, BURWOOD NSW 1805
Suite 1, Level 2 1-17 Elsie Street BURWOOD NSW 2134
Phone: (02) 9911 9911 Fax: (02) 9911 9900
Email: council@burwood.nsw.gov.au
Public Document
Adopted by Council:
Trim No.: 15/46087
Version No. 4
Ownership: Traffic and Transport
51
ATTACHMENT 1
ITEM 128/15 Adoption - Draft Permit Parking Scheme Policy.DOC
Draft Permit Parking Scheme Policy
Contents
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Introduction ........................................................................................................................ 3
Overview Of The Scheme .................................................................................................. 3
Resident Permits ............................................................................................................... 3
Visitor Permits.................................................................................................................... 4
Business Parking Permits .................................................................................................. 4
Annual Parking Permits ..................................................................................................... 5
Commuter Parking Permits ................................................................................................ 5
Requests For Additional Parking Permits ........................................................................... 6
Special Consideration ........................................................................................................ 6
Conditions Of Use For All Parking Permits ......................................................................... 6
Application/Renewal Process & Forms .............................................................................. 7
52
ATTACHMENT 1
ITEM 128/15 Adoption - Draft Permit Parking Scheme Policy.DOC
Draft Permit Parking Scheme Policy
1.
Introduction
Burwood Council is the Parking Authority for all on-street parking within the Burwood Local
Government Area (LGA). In certain areas where demand for on-street parking exceeds supply, or
areas which fall under Councils Public Parking Strategy, Council has introduced restricted ‘time
limited’ parking with exemptions for permit holders.
To allow residents, residents’ visitors and business operators to park their vehicles in these
restricted areas without time restrictions or charge, Council has implemented a Permit Parking
Scheme (PPS).
This Policy, and the attached application form, outline the circumstances under which individuals
may apply for, and be granted, a Parking Permit. Permits will only be issued in accordance with the
eligibility criteria and conditions outlined in this Policy.
More information, including a map of eligible properties, is available from Council’s Customer
Service Centre and website (www.burwood.nsw.gov.au).
2.
Overview Of The Scheme
Burwood Council offers five types of Parking Permit for use by members of the public:





Resident Permit
Visitor Permit
Business Permit
Annual Permit
Commuter Permit
Only residents and business operators that reside or work at a property designated by Council as
being located, within a Permit Parking Scheme area are eligible for Parking Permits. Note that
certain properties (including recently constructed residential flat buildings) may not be included in a
PPS area as such properties are required to provide sufficient off-street parking.
Each Parking Permit is valid for twelve months from the date of issue and is issued for a specific
Permit Area only (as indicated on both the permit and street signage). Please note that the holder
of a Parking Permit is not guaranteed a parking space within the specific area for which the
Parking Permit is issued.
Parking Permits will NOT be issued for trucks (vehicles over 4.5 tonnes GVM), trailers, boats,
buses, trams, tractors or any other vehicle deemed unsuitable by the General Manager.
3.
Resident Permits
To allow residents that reside within a designated Permit Parking Scheme Area to park on-street in
certain locations without restriction or charge, Council may issue Resident Parking Permits.
Eligible residents are entitled to a maximum of two Resident Parking Permits per household,
depending on the number of off-street parking spaces (including garages and carports) available.
Specific entitlements are:
Number of Off-Street Car Spaces
Number of Permits
Nil off-street spaces
2
53
ATTACHMENT 1
ITEM 128/15 Adoption - Draft Permit Parking Scheme Policy.DOC
Draft Permit Parking Scheme Policy
One or more off-street spaces
1
Off-street parking spaces are defined as a garage, carport, or any other facility which allows a
resident to store their vehicle within or on their premises.
Resident Parking Permits can only be issued for vehicles that are registered at the address of the
applicant or (for business vehicles that are used privately) kept at the resident’s address. By law,
each Resident Parking Permit must include a registration number. Therefore, Resident Parking
Permits are non-transferable.
Premises including, but no limited to, boarding houses, hostels, seniors housing and bed and
breakfast accommodation will be assessed based on the number of off-street parking spaces
available, with eligibility to be determined by authorised Council Officers.
Please note that all applications will be assessed and audited individually for off street car spaces.
If the audit identifies that a premises has two or more spaces and an application has been lodged
for a parking permit, such application will be refused and fraudulent documents may be referred for
formal investigation.
4.
Visitor Permits
To allow eligible residents’ visitors such as carers, relatives or friends to park on-street in certain
locations without restriction or charge, Council may issue Visitor Parking Permits. Eligible residents
are entitled to:
4.1
One Visitor Permit per household.
Visitor Parking Permits are for residents visitor’s only and cannot be issued for a business or
organisation. Visitor Parking Permits are only valid in circumstances where the driver or passenger
of the vehicle are directly visiting the address of the applicant (resident).
Transferable Visitor Parking Permits are issued for use in any legitimate visitor’s vehicle and the
address of the resident will appear on the Parking Permit (as required by law). Transferable Visitor
Parking Permits are suitable for friends and other visitors. An annual fee is payable for each
Transferable Visitor Parking Permit. Lost Visitor Parking Permits are replaceable at a cost, in
accordance with Council’s Schedule of Fees and Charges.
Premises including, but no limited to, boarding houses, hostels, seniors housing and bed and
breakfast accommodation will be assessed based on the number of off street parking spaces
available, with eligibility to be determined by authorised Council Officers.
Visitor permits are not to be used for large trucks (vehicles over 4.5 tonnes GVM), trailers, boats,
buses, trams, tractors or any other vehicle deemed unsuitable by the General Manager.
5.
Business Parking Permits
Business Parking Permits allow for owners of commercial premises located in certain Town Centre
areas, that have nil off-street parking spaces, to park on-street without restriction or charge. All
costs are in accordance with Council’s Schedule of Fees and Charges.
Each eligible organisation/ business is entitled to:
54
ATTACHMENT 1
ITEM 128/15 Adoption - Draft Permit Parking Scheme Policy.DOC
Draft Permit Parking Scheme Policy
Number of Off Street Car Spaces
Number of Permits
Nil off street spaces
1
Please note that any business with one or more off-street parking spaces is not entitled to a
Business Parking Permit and that Business Parking Permits will NOT be issued if the business or
organisation premises could be reasonably modified to provide off-street parking.
6.
Annual Parking Permits
Annual Parking Permits allow for operators of businesses located in certain CBD areas (Burwood
and Strathfield Local Government Area), that have nil off-street parking spaces, to park on-street
without restriction or charge. All costs are in accordance with Council’s Schedule of Fees and
Charges.
Each eligible organisation/ business is entitled to:
Number of Off Street Car Spaces
Number of Permits
Nil off street spaces
1
Please note that any business with one or more off-street parking spaces is not entitled to an
Annual Parking Permit and that Annual Parking Permits will NOT be issued if the business or
organisation’s premises could be reasonably modified to provide off-street parking.
A maximum of 200 Annual Parking Permits can only be issued at one time, therefore applications
will be assessed based on the order that they are received. Applications are valid for a period up to
twelve months from the date of issue.
7.
Commuter Parking Permits
Commuter Parking Permits are available to residents of Burwood whose property is located south
of Liverpool Road, and are used to attract commuters to walk or to use public transport for part of
their journey to work. A limited number of Commuter Parking Permits will be issued for existing
Permit Parking Scheme Areas outside of the Town Centres which have not exceeded the
maximum number of permits issued. The Commuter Parking Permits will allow the permit holder to
park within specified streets, whose name is printed on the permit.
Commuter Parking Permits can only be issued for vehicles that are registered at the address of the
applicant or (for business vehicles that are used privately) kept at the residents’ address. By law,
each Commuter Parking Permit must include a registration number. Therefore, Commuter Parking
Permits are non-transferable.
The following eligibility criteria for applicants will need to be addressed prior to the issuing of
Commuter Parking Permits:
1.
Permits will be issued only to residents of Burwood Local Government Area who reside south
of Liverpool Road.
2.
The resident is able to verify to Council that they require public transport to commute to their
place of business outside of the Burwood LGA for example a letter from their employer.
3.
A maximum of one Commuter Permit will be issued per household.
55
ATTACHMENT 1
ITEM 128/15 Adoption - Draft Permit Parking Scheme Policy.DOC
Draft Permit Parking Scheme Policy
Once issued, Commuter Parking Permits may only be used for the purpose of commuting via
public transport to a workplace outside of the Burwood LGA. The Commuter Parking Permit is not
valid for use outside of this purpose or for activities such as attending areas within the Burwood
LGA.
Commuter Parking Permits are not to be used for large trucks (vehicles over 4.5 tonnes GVM),
trailers, boats, buses, trams, tractors or any other vehicle deemed unsuitable by the General
Manager.
8.
Requests for Additional Parking Permits
In instances where an applicant requests an additional Parking Permit(s), over and above the
maximum allowable under this Policy, an assessment is to take place by the Manager Traffic and
Transport, with sign-off to occur by the Deputy General Manager, Land, Infrastructure and
Environment.
This assessment will be based on, but not limited to, the following factors:




the area for which the Parking Permit is to be issued
the total number of Parking Permits issued for the area in which the Parking Permit is sought
the total number of Parking Permits (in all categories) that have been issued to the applicant
the individual circumstances identified by the applicant as being necessary for the additional
Parking Permit(s)
The decision to refuse or allow additional Parking Permit(s), over and above the maximum
allowable, and the reasons for this decision, must be sufficiently documented. The reasons to
refuse or allow additional Parking Permit(s) must be provided to the applicant.
9.
Special Consideration
Applications may be made under special consideration for temporary one-day permits to be issued
to facilitate religious events, such as weddings and funerals etc. A formal application (together
with supporting documentation) must be made to Council in advance of any event for assessment.
Applications will be assessed by the Manager Traffic and Transport, with sign-off to occur by the
Deputy General Manager, Land, Infrastructure and Environment.
This assessment will be based on, but not limited to, the following factors:



parking demand within the requested area
potential impacts upon the road network
history of request for special consideration
10.
Conditions of Use For All Parking Permits
1.
A Parking Permit is only valid if it is displayed in the vicinity of the lower windscreen on the
passenger side of the vehicle and is clearly visible to an authorised Officer.
2.
The permit must be affixed to the windscreen using the supplied adhesive application and no
other substance or substitute is permitted (such as card holders with a suction cap or other
adhesive device).
3.
Vehicles displaying valid Parking Permits are exempt from time limits and parking charges
ONLY in locations signposted as "PERMIT HOLDERS EXCEPTED (AREA IDENTIFIER)" or
"AUTHORISED RESIDENTS VEHICLES EXCEPTED (AREA IDENTIFIER)".
56
ATTACHMENT 1
ITEM 128/15 Adoption - Draft Permit Parking Scheme Policy.DOC
Draft Permit Parking Scheme Policy
4.
Parking Permits are valid ONLY for use in the specific Parking Permit Scheme Area for
which it was issued. The Area is clearly displayed on each Parking Permit and on each
parking sign.
5.
Parking Permits DO NOT provide exemptions from time limits and parking fees in locations
that are not part of the Burwood PPS Scheme or from other restrictions including, but not
limited to, “NO STOPPING”, “NO PARKING”, “LOADING ZONE”, “TRUCK ZONE”, “WORKS
ZONE”, “BUS ZONE”, “CLEARWAY” or “DISABLED PARKING ZONE”.
6.
Parking Permit holders are strictly prohibited from selling, leasing, transferring or assigning
any Parking Permit to any party for any use not permitted under this Policy.
7.
If a Parking Permit holder disposes of the vehicle to which the Permit applies, and/or
changes their residential address, the permit holder is responsible for the removal of the
Permit and its return to Council (for cancellation).
8.
Fraudulent use of a Parking Permit is an offence and may result in fines or the cancellation of
the Parking Permit.
9.
All Parking Permits remain the property of Burwood Council and Council reserves the right to
withdraw and cancel any Parking Permit that is used in contravention to this Policy.
11.
Application/Renewal Process And Forms
Residents and Business operators wanting to obtain a Parking Permit must complete the attached
Application Form and submit it in person or via post, fax or email. The vehicles registration
certificate, personal identification and other relevant documentation must be shown (see
application form for details).
Applications will be assessed, and eligibility confirmed, by Council Officers prior to the issuing of
the Parking Permit(s). Successful applicants may either pick up their Parking Permit(s) from the
Customer Service Desk (please allow five business days) or have the Parking Permit(s) posted to
their residential or business address (please allow 10 business days).
Where applicable, fees must be paid upon submission of the application form. If an application is
unsuccessful, except in the case of fraudulent applications, Council will refund the fee in full.
A renewal letter will be posted to all eligible Parking Permit holders prior to the expiration of the
current Parking Permit. Fees and Charges will be updated annually in accordance with Council’s
Schedule of Fees and Charges.
If you have any queries regarding Council’s Permit Parking Scheme, please contact our Customer
Service Centre on (02) 9911 9911 or email council@burwood.nsw.gov.au.
57
ATTACHMENT 1
ITEM 128/15 Adoption - Draft Permit Parking Scheme Policy.DOC
Draft Permit Parking Scheme Policy
SUITE 1, LEVEL 2,
1-17 ELSIE STREET, BURWOOD, NSW 2134
PO BOX 240, BURWOOD NSW 1805
TEL: 9911 9911 FAX: 9911 9900
WEBSITE: www.burwood.nsw.gov.au
RESIDENT/VISITOR/BUSINESS/ANNUAL/COMMUTER
PARKING PERMIT APPLICATION
SECTION 1 – APPLICANT DETAILS
OFFICE USE ONLY
Name(s) of Applicant: ……………………………………………………
Address:
Cashier Code: 23
……………………………………………………
Area:…………………………
……………………………………………………
Expiry Date:………………….
……………………………………………………
Receipt:………………………
Date:……………...........
Contact numbers:
Home: …………………………………………..
Amount: $............
Other: …………………………………………..
Number of off-street parking spaces: ………………………………………..
(including garages used for storage etc)
SECTION 2 – PARKING PERMITS AND FEES I am eligible for, and would like to apply for the
following permit(s):
Residential 1)
Permit
2)
FREE
Registration: …………………
FREE
Registration: …………………
Visitors
Permit
1)
FREE
2)
$57.00
1)
$180.00
Registration: …………………
Available only to owner of commercial
premises
2)
$2875.00
Registration: …………………
Available only to operators of business
$55.00
Registration: …………………
Business
Permit
Annual
Permit
Commuter
1)
Permit
A NSW car registration certificate is
required for all Residential Permits
Second Residential Permits available
to properties with no off-street parking
only
Second Visitor Parking Permits may be applied for using “Request for
Additional Permits” application form.
Please Note: If the vehicle is registered to a business or company at an address other than the
applicants residential or business address, a declaration is required, such as a letter from the
registered owner on Corporate letterhead (including the ABN) confirming the private or business
use of the vehicle by the applicant.
58
ATTACHMENT 1
ITEM 128/15 Adoption - Draft Permit Parking Scheme Policy.DOC
Draft Permit Parking Scheme Policy
SECTION 3 - SUPPORTING DOCUMENTATION - The following original documents MUST be presented to
the Customer Service Counter with your completed application form:
1) Current NSW Vehicle Registration Certificate or online printout of proof of ownership of vehicles showing
the same name and mailing address as nominated on the application form.
2) NSW Drivers Licence
or
Two (2) of the following valid and current documents (showing full address):
 Current Rate Notice (must not be a PO BOX);
 Current Utility Invoice (Electricity, Water, Gas or Phone -excluding Mobile Phone Accounts);
 Residential or Commercial Lease;
 Electoral Roll Card (Resident/Visitor Permits ONLY);
 Rental Bond Board Receipt;
 Department of Housing Rental Receipt.
3) A letter of employment, including office address, and details of public transport services used to
commute to work (for Commuter Parking Permits only)
Copies of all documents provided will be made by Council Officers at the time of application and all
originals will be returned immediately. Council respects your privacy and personal information will
only be used to assist with the application assessment process and management of the Permit
Parking Scheme.
SECTION 4 – DECLARATION
I declare that I am a resident or operate a business at the above address and that the information I have
provided is true and correct in every detail. I declare that I have read and understood the conditions of the
Permit Parking Scheme and agree to abide by them. I acknowledge that all Parking Permits remain the
property of Burwood Council and that I am prohibited from selling, leasing or assigning any Parking Permit to
any party. I understand that if such action is attempted, or if I falsify information on this application, Burwood
Council may withdraw and cancel such Parking Permit(s) and fines may apply. I understand that if my
eligibility for Resident, Visitor or Business Parking Permit(s) changes, I will immediately return the Parking
Permit(s) to Burwood Council for cancellation.
SIGNATURE:
DATE:
SECTION 5 – COLLECTION OPTION (PLEASE SELECT PREFERRED OPTION)
I will collect Permit(s) from the Customer Service Counter (please allow five (5) business days).
I would like the Permit(s) posted to the above address (please allow ten (10) business days).
SECTION 6 – APPLICATION CHECKLIST
WHAT YOU NEED TO BRING
Completed Application Form with Signed Declaration
Vehicle Registration Certificate (if required)
NSW Drivers Licence OR Two (2) Original Documents Showing Full
Address
The Application Fee (where applicable)
OFFICE USE ONLY
Checked
Verified & Copied
Verified & Copied



Received or N/A

Privacy Statement
If you are applying for consent as an individual, you may be providing Council with personal information
(such as your name and address) within the meaning of the Privacy and Personal Information Protection Act
1998. You are obliged by law to provide your name and address. If you do not provide the personal
information requested Council may be unable to process your application. Council is collecting this personal
information from you in order to identify and process your application. You may make application for access
or amendment to information held by Council. You may also make a request that Council suppress your
personal information from being made publicly available. Council will consider any such application in
accordance with the relevant legislation.
Enquiries concerning this matter can be addressed to Council’s Public Officers.
59
COUNCIL
7 DECEMBER 2015
(ITEM 129/15) ADOPTION - REVISED USER FEES FOR COUNCIL
SERVICES POLICY
File No: 15/51912
REPORT BY CHIEF FINANCE OFFICER
Summary
To seek Council’s approval of the revised User Fees For Council Services Policy. The Policy
seeks to provide a transparent and consistent approach to pricing determinations, based on
guiding principles, with respect to fees made by Council under Section 608 of the Local
Government Act 1993.
Background
The Policy was last adopted by Council on 14 February 2012. The Policy has now been reviewed
in line with Council’s practice that all policies, corporate practices and procedures are to be
reviewed every four years.
Proposal
The amendments to the Policy entailed the updating of the Finance and Resource Management
Team titles and Position Descriptions in line with Council’s current Structure.
The revised Policy is now submitted to Council for adoption.
Consultation
The Draft – User Fees For Council Services Policy has been approved by the General Manager
and Council’s Policy, Corporate Practice and Procedures Panel.
Planning or Policy Implications
Once approved by Council the Policy will be published on Council’s website for members of the
public and circulated to Council Officers via email.
Financial Implications
The Policy is to be read in conjunction with the Annual Schedule of Fees and Charges published in
the yearly Operational Plan.
Conclusion
The Policy has been developed to ensure a clear and simple approach when fixing a fee for any
service Council provides. The revised Policy should be formally adopted by Council.
Recommendation(s)
That Council adopt the revised User Fees For Council Services Policy.
Attachments
1 Revised - User Fees For Council Services Policy 5 Pages
60
ATTACHMENT 1
ITEM 122/15 Adoption - Revised User Fees For Council Services Policy.DOC
Revised - User Fees For Council Services Policy
DRAFT - USER FEES FOR COUNCIL SERVICES
POLICY
PO Box 240, BURWOOD NSW 1805
Suite 1, Level 2, 1-17 Elsie Street, BURWOOD NSW 2134
Phone: 9911-9911 Fax: 9911-9900
Email: council@burwood.nsw.gov.au
Website: www.burwood.nsw.gov.au
Public Document
Adopted by Council:
Version No.: 2
Ownership: Financial Services
61
ATTACHMENT 1
ITEM 122/15 Adoption - Revised User Fees For Council Services Policy.DOC
Revised - User Fees For Council Services Policy
Contents
Purpose .......................................................................................................................................... 3
Scope ............................................................................................................................................. 3
Legislation....................................................................................................................................... 3
Policy Statement ............................................................................................................................. 3
Factors considered when determining the amount of the fee for service ......................................... 4
Review of Council Fees and Charges ............................................................................................. 4
Policy Review ................................................................................................................................. 4
Related Information......................................................................................................................... 4
Contact ........................................................................................................................................... 5
62
ATTACHMENT 1
ITEM 122/15 Adoption - Revised User Fees For Council Services Policy.DOC
Revised - User Fees For Council Services Policy
Purpose
To provide advice on the principles that Council follows to determine its fees and charges, under
Section 608 of the Local Government Act 1993 (the Act) and other relevant legislation, to ensure
a consistent application across Council’s services.
This policy should be read in conjunction with the Schedule of Fees and Charges adopted as part
of Council’s Annual Operational Plan.
Scope
This Policy applies to all Council Officers who set and/or administer fees and charges and to
members of the public who purchase and/or use Council’s services.
Legislation
Under Section 608 of the Act, Council may charge and recover an approved fee for any service it
provides, other than a service proposed or provided on an annual basis which is covered by an
annual charge (Sections 496 or 501).
Services for which Council may charge a fee include:
 supply of services and products
 giving information
 providing a service in connection with the exercise of Council’s regulatory functions (eg
applications, inspections, certificates)
 allowing admission to buildings
 in certain circumstances, inspecting premises in the exercise of the Council’s functions
If a fee for service is determined under another Act, the Council may neither determine an amount
that is inconsistent with that determined under the other Act nor charge an additional fee.
Policy Statement
Fees made under Section 608 of the Act are classified according to the following pricing basis
consistent with the Office of Local Government (OLG) Competitive Neutrality Guidelines, 1997:
 Full Cost Pricing (FC) - Council recovers all direct and indirect costs of the service
(including depreciation of assets employed).
 Partial Cost Pricing (PC) - Council recovers less than the Full Cost (as defined above) (the
reasons for this may include community service obligation, priorities or legislative limits on
charging).
 Legislative Requirements (LR) - Price of the service is determined by Legislation and
dependent on price may or may not recover the Full Cost.
 Market Pricing (MP) - The price of the service is determined by examining alternative prices
of surrounding service providers (this also may or may not recover the full cost of the service)
eg. Children’s Services.
63
ATTACHMENT 1
ITEM 122/15 Adoption - Revised User Fees For Council Services Policy.DOC
Revised - User Fees For Council Services Policy
 Free (Zero Priced) (Z) - Some services may be provided free of charge and the whole cost
determined as a community service obligation and or may fall within the class of a public
good.
 Rate of Return Pricing (RR) - This would include Full Cost Pricing as defined above in
addition to a profit margin to factor in a return to Council for assets employed.
Factors considered when determining the amount of the fee for service
In applying the above pricing basis to fees made under Section 608 of the Act, Council considers
the following factors as outlined in Section 610D of the Act:
a.
The cost to Council of providing the service – the full cost pricing method is used as a
benchmark in this instance. This includes any debt and servicing costs associated with the
provision of the service.
b.
The price suggested for that service by any relevant industry body or in a schedule of
charges published, from time-to-time by the Office of Local Government.
c.
The importance of the service to the community – this is considered in determining any
potential community service obligation or community benefit under a Partial Cost Pricing or
Zero Cost Pricing method, however is also able to be applied to services where other pricing
methods are used.
d.
Any factors specified in the Local Government (General) Regulation 2005 (the Regulation) –
this is applicable to the Legislative Pricing method and may also affect other pricing
arrangements.
Other factors not specifically mentioned under Section 610D of the Act that may also be
considered include:
 If services are being supplied on a commercial basis as part of a defined Council business a
Rate of Return Pricing Policy would be applied subject to market constraints and a
compensation factor to mitigate Council exposure to market risk.
 The capacity of the user to pay – in this regard services of a commercial nature may be
priced using the Rate of Return Pricing Method.
 Market prices
Review of Council Fees and Charges
The Financial Management Accountant (Finance and Resource Management Team) conducts a
review of Council’s Fees and Charges, not subject to statutory control, on an annual basis prior to
finalisation of Council’s Annual Budget. The review forms part of Council’s Annual Operational
Plan.
In accordance with Section 610F of the Act a Council must not determine a fee until it has given
public notice of the fee and must consider any submission made prior to adoption of the fee.
Policy Review
This Policy will be reviewed every four years.
64
ATTACHMENT 1
ITEM 122/15 Adoption - Revised User Fees For Council Services Policy.DOC
Revised - User Fees For Council Services Policy
Related Information
 Local Government Act 1993
 Local Government (General) Regulation 2005
 Office of Local Government Competitive Neutrality Guidelines - 1997
Contact
Procedural Matters – Financial Management Accountant on 9911 9812
Fee Determinations – Relevant Staff associated with fee on 9911 9911
65
COUNCIL
7 DECEMBER 2015
(ITEM 130/15) ADOPTION - DRAFT PETITION POLICY
File No: 15/52165
REPORT BY DEPUTY GENERAL MANAGER CORPORATE, GOVERNANCE AND COMMUNITY
Summary
This report seeks Council’s adoption of the Draft Petition Policy which has been created to provide
guidance to any person with a direct interest in the Burwood Local Government Area, including
residents, land owners, business people or other parties, who wish to ask Council to change an
existing policy, a decision or take action for a certain purpose or for the benefit of particular
person(s).
Background
Currently, Council does not have a formal policy for petitions.
Proposal
A Draft Petition Policy has been created to provide guidance to any person with a direct interest in
the Burwood Local Government Area, including residents, land owners, business people or other
parties, who wish to ask Council to change an existing policy, a decision or take action for a certain
purpose or for the benefit of particular person(s). The subject of the petition must be a matter on
which the Council has the power to act.
To assist members of the public a petition template has also been created.
The Draft Policy also provides assistance to Council Officers in determining whether a petition is
valid.
As a follow-on from the Policy a draft webpage has also been formulated to assist with the
process.
Consultation
The Draft Policy has been approved by the General Manager and endorsed by Council’s Policy,
Corporate Practice and Procedures Panel.
Planning or Policy Implications
No Planning or Policy implications.
Financial Implications
No Financial implications.
Conclusion
Once the Draft Petition Policy has been adopted by Council the Policy with be published on
Council’s website.
Recommendation(s)
That Council adopt the Draft Petition Policy.
Attachments
1 Draft - Petition Policy 5 Pages
66
ATTACHMENT 1
ITEM 130/15 Adoption - Draft Petition Policy.DOC
Draft - Petition Policy
DRAFT - PETITION POLICY
PO Box 240, BURWOOD NSW 1805
Suite 1, Level 2, 1-17 Elsie Street, BURWOOD NSW 2134
Phone: 9911-9911 Fax: 9911-9900
Email: council@burwood.nsw.gov.au
Website: www.burwood.nsw.gov.au
Public Document
Adopted by Council: <Date>
Trim No.: 15/44645
Version No.: 1
Ownership: Governance Team
67
ATTACHMENT 1
ITEM 130/15 Adoption - Draft Petition Policy.DOC
Draft - Petition Policy
Purpose
To provide guidance to a person(s) wishing to lodge a petition with Burwood Council.
Scope
This Policy is applicable to members of the Public and Council Officers.
What is a Petition
“Petition” is defined by the concise Oxford Dictionary as:
“a formal written request, typically signed by many people, appealing to authority I respect of a
cause, an appeal or request”.
Usually, petitions to Council are requests seeking it to take a particular action in relation to issues
relevant to the Burwood Local Government Area.
Access to Petition Lodged
All petitions and related documents received by Council are publicly available under the
Government Information (Public Access) Act 2009.
What is a Valid Petition
A valid petition should:

be headed “Petition”

be signed by 4 or more people and from 4 different households

be made by persons that have a direct interest in Burwood Council such as residents, land
owners, business people or in some other capacity

detail the purpose of the petition at the top of each page of that petition

contain the names, addresses and signatures of the persons signing the petition in their
handwriting

hand written signatures is not a requirement for electronic petitions

contain wording that notifies people who sign the petition that their personal details will be
disclosed to another parties

state the name of the person who initiated the petition, and an address to which a response
can be forwarded as the head petitioner

be respectful and temperate in its language and not contain language disrespectful to
Council or any other person

be legible

not promote illegal acts
68
ATTACHMENT 1
ITEM 130/15 Adoption - Draft Petition Policy.DOC
Draft - Petition Policy

if written in a language other than English, must be accompanied by a certified translation,
including contact details of the translator

be in relation to a matter on which Council has the power to act.
Lodging the Petition
A petition may be lodged by either mail, email, fax or at Council’s Customer Service Centre, Suite
1 Level 2, 1-17 Elsie Street, Burwood.
What happens after a petition has been lodged with Council?
Every petition lodged with Council is referred to Council and to the section within Council
responsible for the matter that is the subject of the petition.
A response to the request in the petition will be sent the head petitioner. In the event this person
cannot be identified, the first signatory that appears on the petition will receive the notification.
Related Information/Glossary
Legislation:



Local Government Act 1993
Government Information (Public Access) Act 2009
Privacy and Personal Information Protection Act 1998
Burwood Council documents:


Code of Meeting Practice
Privacy Management Plan
Review
Policy to be reviewed every four years.
Contact
Governance Co-ordinator on 9911 9910
69
ATTACHMENT 1
ITEM 130/15 Adoption - Draft Petition Policy.DOC
Draft - Petition Policy
Appendix 1 – Petition Template
Petition to Burwood Council
PO Box 240, BURWOOD NSW 1805
Suite 1, Level 2, 1-17 Elsie Street, BURWOOD NSW 2134
We, the undersigned, petition Council to………................................................................................
.............................................……………………….……………………….…………………..……………
…….........……………………………………………………………………………………………………....
.............................................……………………….……………………….…………………..……………
…….........……………………………………………………………………………………………………....
and consent for our personal details to be provided in full to Burwood Councillors in accordance
with Section 18(1)(b) of the Privacy and Personal Information Protection Act 1998 (NSW) for
considering the subject of the petition and to verify that each petitioner lives in the municipality.
We understand that all petitions and related documents received by Council are publicly available
under the Government Information (Public Access) Act 2009.
Name of Head Petitioner:………………………………………
Address of Head Petitioner:…………………………………………………………………………………
Name
Address
Signature
Page 1 of
70
ATTACHMENT 1
ITEM 130/15 Adoption - Draft Petition Policy.DOC
Draft - Petition Policy
We, the undersigned, petition Council to ………................................................................................
.............................................……………………….……………………….…………………..……………
…….........……………………………………………………………………………………………………....
.............................................……………………….……………………….…………………..……………
…….........……………………………………………………………………………………………………....
and consent for our personal details to be provided in full to Burwood Councillors in accordance
with Section 18(1)(b) of the Privacy and Personal Information Protection Act 1998 (NSW) for
considering the subject of the petition and to verify that each petitioner lives in the municipality.
We understand that all petitions and related documents received by Council are publicly available
under the Government Information (Public Access) Act 2009.
Name
Address
Signature
Page 1 of
71
COUNCIL
7 DECEMBER 2015
(ITEM 131/15) INVESTMENT REPORT AS AT 30 NOVEMBER 2015
File No: 15/56476
REPORT BY CHIEF FINANCE OFFICER
Summary
In accordance with Clause 212 of the Local Government (General) Regulation 2005, this report
details all money that Council has invested under Section 625 of the Local Government Act 1993.
Background
As provided for in Clause 212 of the Local Government (General) Regulation 2005, a report listing
Council’s investments must be presented to Council.
Council’s investments are made up of a number of direct investments, some of which are managed
or advised by external agencies.
In accordance with Council’s adopted Investment Policy and in line with Office of Local
Government Investment Guidelines the portfolio contains investments which are covered by
“grandfather” clauses, including investments in Floating Rate Notes (FRN) and Collateralised Debt
Obligations (CDO).
Investment Portfolio
Council has a diversified investment portfolio and has a number of direct investments in term
deposits. Its investment portfolio as at 30 November 2015 is:
November 2015 - Portfolio Dissection
FRNs
8.25%
Global Fixed Income Deposit
4.13%
Term Deposits
71.16%
CDOs
0.01%
Cash at Bank
5.33%
Call/Notice Accounts
11.12%
During the month of November 2015 Council received a further distribution of $5,142.75 on the
Lehman Brothers Global Property Note from Lehman Brothers Australian Parent Company
bringing the total distribution from the parent company to $58,913.66.
72
COUNCIL
7 DECEMBER 2015
As at 30 November 2015 Council held the following term deposits:
Purchase
Date
10-Jun-15
11-Jun-15
08-Jul-15
05-Aug-15
05-Aug-15
06-Aug-15
10-Aug-15
20-Aug-15
01-Sep-15
03-Sep-15
03-Sep-15
26-Oct-15
Total
Financial Institution
Bank of Queensland
AMP Bank (Curve)
Bankwest
National Australia Bank
Bank of Queensland
National Australia Bank
AMP Bank (Curve)
Suncorp Bank
Commonwealth Bank
National Australia Bank
Commonwealth Bank
Bankwest
Principal
Investment
Amount
3,000,000
3,000,000
3,000,000
2,500,000
2,000,000
3,000,000
2,000,000
3,000,000
2,000,000
5,000,000
5,000,000
1,000,000
34,500,000
Interest
Investment
Rate
Days
Maturity Date
3.00%
215
11-Jan-2016
2.90%
273
10-Mar-2016
2.90%
180
04-Jan-2016
2.93%
184
05-Feb-2016
2.90%
184
05-Feb-2016
2.93%
180
02-Feb-2016
2.90%
274
10-May-2016
2.90%
180
16-Feb-2016
2.81%
91
01-Dec-2015
2.85%
90
02-Dec-2015
2.84%
151
01-Feb-2016
2.80%
91
25-Jan-2016
The following graph highlights Council’s investment balances for the past 12 months:
Investment Market Values - Past 12 Months
60,000,000
50,000,000
40,000,000
30,000,000
20,000,000
10,000,000
Dec-14
Jan-15
Feb-15
Mar-15
Apr-15
May-15
Jun-15
Jul-15
Aug-15
Sep-15
Oct-15
Nov-15
Council’s investment portfolio is recognised at market value and some of its investments are based
on the midpoint valuations of the underlying assets and are subject to market conditions that occur
over the month.
Council’s investment balances as at reporting date and for the previous two months are detailed in
Attachment 1. Definitions on the types of investments are detailed in Attachment 2.
Investment Performance and Market Commentary
The Reserve Bank of Australia (RBA) at its 1 December 2015 Board Meeting decided to leave the
cash rate unchanged at 2.00% per annum. “The Board at the meeting judged that the prospects for
an improvement in economic conditions had firmed a little over recent months and that leaving the
cash rate unchanged was appropriate. Members observed that the outlook for inflation may afford
scope for further easing of policy, should that be appropriate to lend support to demand. The
Board will continue to assess the outlook, and hence whether the current stance of policy will most
effectively foster sustainable growth and inflation consistent with the target."
“The global economy is expanding at a moderate pace, with some further softening in conditions in
the Asian region, continuing US growth and a recovery in Europe. Key commodity prices are much
lower than a year ago, in part reflecting increased supply, including from Australia. Australia’s
terms of trade are falling. In Australia, the available information suggests that moderate expansion
in the economy continues. While GDP growth has been somewhat below longer-term averages for
some time, business surveys suggest a gradual improvement in conditions over the past year.
73
COUNCIL
7 DECEMBER 2015
Inflation is low and should remain so, with the economy likely to have a degree of spare capacity
for some time yet. Inflation is forecast to remain consistent with the target over the next one to two
years, but a little lower than earlier expected.” Statement by Glenn Stevens, Governor: Monetary Policy
Decision – 1 December 2015
The following graph provides information on the current RBA monetary policy:
Trend Analysis of Cash Rate - An Easing Cycle
C
a
s
h
R
a
t
e
6.00
5.50
5.00
4.50
4.00
3.50
3.00
2.50
2.00
1.50
1.00
Jul-09
Nov-10
Apr-12
Aug-13
Dec-14
May-16
The RBA cites that CPI inflation is still consistent with the medium-term target, with the latest
underlying figures around 2.5%. The RBA ongoing assessment is that inflation will be consistent
with the target of 2-3% over the one to two year horizon.
Recommendation(s)
1.
That the investment report for 30 November 2015 be received and endorsed.
2.
That the Certificate of the Responsible Accounting Officer be received and noted.
Attachments
1 Investment Register November 2015 1 Page
2 Types of Investments
2 Pages
74
ATTACHMENT 1
ITEM 131/15 Investment Report as at 30 November 2015.DOC
Investment Register November 2015
75
ATTACHMENT 2
ITEM 131/15 Investment Report as at 30 November 2015.DOC
Types of Investments
Types of Investments
Council’s investment portfolio consists of the following types of investment:
1. Cash and Deposits at Call – Cash and Deposits at Call accounts are a flexible
savings facility providing a competitive rate of interest for funds which are at call
(available within 24hours). These accounts enable us to control Council’s
cashflows along with council’s General Fund Bank account. Interest rates are
updated in accordance with movements in market rates.
The following investments are classified as Cash and Deposits at Call:
 Commonwealth Bank of Australia – Online Saver AA AMP Business Saver and Notice – At Call/Notice AA Macquarie Treasury – At Call account A
 UBS Bank – At Call High Yield account A
2. Floating Rate Notes (FRN) - FRNs are a contractual obligation whereby the
issuer has an obligation to pay the investor an interest coupon payment which is
based on a margin above bank bill. The risk to the investor is the ability of the
issuer to meet the obligation.
FRNs are either sub-debt or senior-debt which means that they are guaranteed
by the bank that issues them with sub-debt notes rated a notch lower than the
bank itself. The reason for this is that the hierarchy for payments of debt in event
of default is:
1. Term Deposits
2. Senior Debt
3. Subordinated Debt
4. Hybrids
5. Preference shares
6. Equity holders
In the case of default, the purchaser of subordinated debt is not paid until the
senior debt holders are paid in full. Subordinated debt is therefore more risky
than senior debt.
3. Collateralised Debt Obligations (CDO) A CDO is a structured financial product
whose returns are linked to the performance of a portfolio of debt obligations. It is
split into tranches, whereby the riskiest or lowest tranche, the “equity tranche”,
receives the highest returns. Higher rated tranches offer protection against the
risk of capital loss, but at proportionately diminishing returns.
The following investments are classified as CDOs:
 Lehman Brothers (Treasury BV) D (Default)
4. Growth Investments - Investments that have been purchased on the basis of an
anticipated growth in asset value rather than returns being based on an interest
coupon have been classified as Growth Investments.
The following investments are included in this category:
 Dresdner Bank (Octagon Ltd – EMU) AA at par
76
ATTACHMENT 2
ITEM 131/15 Investment Report as at 30 November 2015.DOC
Types of Investments
These investments are valued at fair value where the capital gain is credited to the
Income Statement and a capital loss is debited to the Income Statement. This
investment is principal guaranteed. The value shown in the monthly investment
report is based on the redeemable Net Asset Value (NAV). The NAV is the total
current market value of all securities plus interest or dividends received to date. This
is the price or value of the investment at the time of preparing the report. Although
the investments are principal guaranteed, reports are based on the NAV even when it
falls below the par value.
The principal is guaranteed by the investment issuer monitoring the net asset value
and selling the investments if the NAV falls below the level where a risk free
investment will return the principal at the maturity date. Thus the worst case scenario,
provided that the issuer remains solvent, for these investments is that overall return
will be returns received to date plus return of principal at maturity date and no further
interest payments for the remaining period.
The Emu investments basket of underlying instruments has now reached a trigger
event as the NAV of these instruments have reached the point where the value plus
future revenue stream from a no risk investment will enable principal value to be
returned at maturity date. If the investment returns the principal value before maturity,
Council will receive surplus funds as a dividend (interest).
77
COUNCIL
7 DECEMBER 2015
(ITEM IN42/15) BURWOOD GRAFFITI MANAGEMENT STRATEGY 20112015 UPDATE
File No: 15/52979
REPORT BY DEPUTY GENERAL CORPORATE, GOVERNANCE AND COMMUNITY
Summary
Burwood Council’s Graffiti Management Strategy 2011-2015 (the Strategy) has been a vital tool in
assisting Council to appropriately deal with graffiti in the area. While most graffiti is a non-violent
and non-invasive crime, it nevertheless costs tens of thousands of dollars annually to address. In
addition graffiti is known to make community members feel unsafe and contributes to the visual
degradation of an area.
The Strategy has allowed Council to formulate targeted responses to graffiti over the past four
years, to take a proactive approach to preventing graffiti and to apply for funding to undertake
graffiti management and prevention projects. Graffiti management requires a ‘whole of community’
response and the Strategy has facilitated a collaborative approach, where Council Officers have
worked with local police, schools and youth groups and the wider community.
For Council’s information, below are highlights of actions taken under the Strategy during its four
year implementation.
1.
Council continued its rapid removal service from Council buildings and facilities, removing all
graffiti within stipulated timeframes, i.e. within 48 hours for graffiti containing offensive or illicit
content and within two weeks for all other graffiti.
2.
Council successfully applied to the Attorney General’s Department for $85,300 for the Wipe
Out Graffiti Hotspot Project. This funding allowed Council to undertake a number of actions
including:





The purchase of high quality graffiti removal equipment for Council’s graffiti removal
truck. The truck also received additional storage items so the equipment could be
secured within the vehicle.
Establishing of VANDALTRAK, an online graffiti reporting and management system,
which allows better coordination of graffiti reporting, tracking and identification of
‘hotspots’, specific vandals ‘tagging’ and assisting police to charge vandals.
Coordination of an early intervention project with the local PCYC to identify young
people with a history of offending or at risk of offending in relation to graffiti. This
project involved educating young people on the impact of graffiti vandalism and
accrediting them with a ‘White Card’ so that they could undertake graffiti removal in the
area.
The development of a semi-permanent mural at Flockhart Park, a known graffiti
hotspot, the mural was painted by participants in the early intervention program
detailed above.
The purchase of a CCTV unit, sensor lights and plant greenery in targeted hotspot
locations to deter graffiti vandalism.
3. Regular promotion of the Graffiti Reporting Line and communicating how community
members can report graffiti to Council for removal has improved reporting levels.
The Strategy has now reached the end of its four year duration. A new Graffiti Management
Strategy is currently being developed and will be reported to Council for adoption in early 2016. In
the meantime, Council will continue with its effective program of graffiti reporting and removal.
No Decision – Information Item Only
78
COUNCIL
7 DECEMBER 2015
Attachments
There are no attachments for this report.
79
COUNCIL
7 DECEMBER 2015
(ITEM IN43/15) ANSWERS TO QUESTIONS WITHOUT NOTICE - COUNCIL
MEETING OF 23 NOVEMBER 2015
File No: 15/55296
REPORT BY DEPUTY GENERAL MANAGER CORPORATE, GOVERNANCE AND COMMUNITY
Summary
At the Council Meeting of 23 November 2015 the following Questions without Notice (QWN) were
submitted by Councillors. Council Officers responded to the QWN and Councillors were notified on
3 December 2015 of the outcome of the QWN.
These are now submitted as part of the Council Agenda for Public Notification.
QUESTIONS WITHOUT NOTICE – COUNCIL MEETING OF 23 NOVEMBER 2015
Question
Response
Q49 – Councillor Justin Taunton
Manager Traffic & Transport
Can an update be provided on the progress of
traffic and safety issues on roundabout near 290
Burwood Road, following questions I asked in
September Council Meeting?
An investigation of the intersection and crash
data has been undertaken. The analysis found
that a traffic calming device on the southbound
approach to the roundabout would assist in
preventing accidents which may result in
damage to the property at 290 Burwood Road.
A report from the Burwood Local Traffic
Committee recommending the installation of a
speed cushion was adopted at the 23
November 2015 Ordinary Meeting. The
installation of the speed cushion will be
completed by 31 January 2016.
Q50 – Councillor Lesley Furneaux-Cook
Executive Manager
Can Council confirm that it re-submitted its As Burwood Council was deemed fit by IPART,
merger proposal as per its meeting on 9 June it did not have to make any further submissions
2015 to IPART and were there any alterations?
to IPART.
However, Council was asked by the
Department of Premier and Cabinet to confirm
its position through an online portal set up for
this purpose. This was done, in line with the
Council report and resolution of 9 June 2015.
Q51 – Councillor Lesley Furneaux-Cook
Senior Manager,
Services
Community & Library
In the former Library a 15 minute library drop off
zone for library users was available. Why has There were not any 15 minute parking facilities
this not be transferred over to the new site (for around the old library site, however, Council did
non-residents)?
install some ‘No Parking’ restrictions in
Marmaduke Street in 2011 to assist with the
pick-up and drop-off of passengers. There are
currently ‘No Parking’ restrictions at the rear of
the new Library in Hornsey Street which can be
utilised in the same way for the pick-up and
drop-off of passenger
80
COUNCIL
7 DECEMBER 2015
Q52 – Councillor Lesley Furneaux-Cook
Deputy General Manager Land,
Infrastructure & Environment
What
are the provisions for
Council
representation
on
the
JRPP
if
our
representatives are not available? It is my
understanding at the last JRPP meeting that
there was no Councillors Representation?
Q53 – Councillor John Faker
Council appoints two of the five members to the
Joint Regional Planning Panel, the remaining
three members are appointed by the Minister
for Planning. A quorum consists of three of the
five members of the Panel, therefore, if
Council’s two representatives are not in
attendance a Panel meeting can still proceed.
Senior Manager Civil Construction &
Operations
Can the graffiti along the Croydon Railway
Bridge at The Strand be removed? Why has the Railway infrastructure, including rail bridge
Graffiti Team taken so long to remove it?
walls, are the property of RailCorp, therefore,
they are the authority responsible for the
maintenance of these structures including
graffiti removal. The only exception that would
result in Council removing graffiti from another
authority’s structure is if it were deemed
offensive in nature therefore requiring urgent
removal. Council has reported the current
graffiti on the Croydon Railway Bridge to
RailCorp. Graffiti can be reported 24 hours a
day by calling 131 500.
No Decision – Information Item Only
Attachments
There are no attachments for this report.
81
COUNCIL
7 DECEMBER 2015
(ITEM IN44/15) PETITIONS
File No: 15/56590
REPORT BY GENERAL MANAGER
Summary
Council has received one petition since the last Council Meeting.
Background
Date
Received
Petition Subject
19 November
2015
Residents complaining about traffic
problems – Park Avenue and Victoria
Street West, Burwood
No. of
Household
within the
LGA
24
No. of
Household
outside the
LGA
0
Responsible
Council
Division
Land,
Infrastructure
& Environment
Comments
That Council notes that the Petition has been referred to the appropriate Council Officers for
attention.
No Decision – Information Item Only
Attachments
There are no attachments for this report.
82