(Report by General Manager, Mr V Lampe)

(Report by General Manager, Mr V Lampe)

(Report by Internal Auditor, Mr J Alburo)

(Report by Development Assessment Officer, Mr R Guirguis)

(Report by Development Assessment Officer, Mr K Kim)

(Report by Director Planning and Development, Mr M Watt)

(Report by Manager Engineering Services, Mrs M Whitehurst)

(Report by Manager Infrastructure Planning, Mr O Wijayaratna)

(Report by Manager Corporate Governance & Records, Mrs K Garske)

(Report by Manager Corporate Governance & Records, Mrs K Garske)

(Report by Manager Contracts, Ms S Geadah & Environmental Sustainability Coordinator, Miss N Boyd)

(Report by Councillor W Pickering)

(Report by Councillor A Wagstaff)

(Report by Councillor A Wagstaff)

(Report by Councillor A Wagstaff)

CCL227-12	MINUTES OF AUDIT AND RISK MANAGEMENT COMMITTEE MEETING
Report Author/s	Internal Auditor, Mr J Alburo
File	09/2339
Reason for Report	For information
Existing Policy?	No	New Policy Required?	No
Financial Implications	Yes, within existing program budget
Previous Reports Referenced	No

EXECUTIVE SUMMARY

The Council's Audit and Risk Management Committee held its quarterly meeting on 7 May 2012. The independent Chairperson, Mr. Bryce McNair, has submitted a covering letter and minutes of the meeting for Council's consideration.


AUTHOR RECOMMENDATION

THAT the minutes of the Audit and Risk Management Committee meeting held on 7 May 2012 be received and noted.


REPORT DETAIL

The Audit and Risk Management Committee held its quarterly meeting on 7 May 2012.

The independent Chairperson, Mr. Bryce McNair, has submitted the following letter and attached minutes of the meeting for Council's consideration:

On behalf of the Audit & Risk Committee, I am pleased to transmit the draft Minutes of the meeting held on 7th May 2012.

The Committee noted Council’s agreement to change the name and Charter of the Committee to include risk management and put in place administrative measures to reflect the new emphasis.

The Committee considered progress on the execution of the annual Audit Plan and on the implementation of the recommendations of internal audit reports and formed the view that the internal audit function is well managed, well-resourced and supported by Council management.

This view was confirmed by the Annual Audit Review conducted by the independent Chair of the Committee which was based on surveys collected from the Internal Auditor, the members and regular invitees to Audit and Risk Committee meetings and the “customers” of the process – the line managers whose areas have been investigated during the year.

Should Council have questions about the Committee’s work, I would be happy to provide further information.

This report is now submitted for Council's consideration.




RESOLUTION - CCL

THAT the minutes of the Audit and Risk Management Committee meeting held on 7 May 2012 be received and noted.

Applicant	Van Janevski
Proposal	Demolition of existing structures and construction of a new two (2) storey dwelling house including a front fence, a swimming pool and a cabana
Zoning	Zone 2 - Residential
Planning instruments applicable	Hurstville Local Environmental Plan 1994, Draft Hurstville Local Environmental Plan 2011, Greater Metropolitan Regional Environmental Plan No 2 - Georges River Catchment, State Environmental Planning Policy (Building sustainability Index: BASIX) 2004, State Environmental Planning Policy No 55 - Remediation of Land, Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking, Section 3.5 Energy Efficiency, Section 3.8 Fences Adjacent to Public Roads, Section 4.1 Single Dwelling Houses, Section 4.6 Outbuildings. Section 5.9 Swimming Pools and Spas
Hurstville Local Environmental Plan 1994 interpretation of use	Dwelling house
Owner/s	Mr Jeff Raymond Robson
Existing development	Part 1 part 2 storey dwelling house
Cost of development	$480,000.00
Reason for referral to Council	Variation to DCP 1 and two submissions received
Report author/s	Development Assessment Officer, Mr R Guirguis
File No	12/DA-37
Disclosure of political donations or gifts?	No

EXECUTIVE SUMMARY

1. The application seeks approval for the demolition of existing structures onsite and construction of a new two (2) storey dwelling house including a front fence, a swimming pool and a cabana.

2. The subject site is considered to be constraint by a sharp embankment from front to rear in the order of 3m within a space of 1.5m and progressively sloping further to the rear by approximately 4m.

3. The proposal satisfies the provisions of Hurstville Local Environmental Plan 1994 however, it presents a variation to Development Control Plan No 1 in reference to the maximum height requirement for flat roofed dwellings.

4. The application was notified to twelve (12) adjoining properties for fourteen (14) days and two (2) submissions were received in reply.


AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL
The application seeks approval for the demolition of existing structures onsite and construction of a new two (2) storey dwelling house including a swimming pool and cabana to the rear

The proposed dwelling is part one (1), part two (2) storey dwelling where at grade access from street level leads directly into the first floor level which for the purpose of clarity be referred to as the “upper floor level” and the ground floor level which leads to the rear yard would be referred to as the “lower ground floor level”.

The upper floor level consists of a double garage, an entry foyer with stair case leading down, a sitting room directly adjacent to the entry foyer and four (4) bedrooms and three (3) bathrooms where the master bedroom positioned to the rear of the dwelling with access to a rear facing balcony to the west.

The lower ground floor level contains a study room, theatre room, laundry, a bathroom, kitchen, dining and a living area with direct rear access unto a covered patio area.

The rear facing patio area overlooks the proposed 8m by 3.5m swimming pool followed by a cabana outbuilding with provisions of an outdoor toilet located along the northern side of the site with open sides and approximate dimensions of 5m by 5m.

The remainder of the site is proposed to be turfed extending approximately a further 11m to the rear where it adjoins Hurstville Golf Course. A 1m high masonry front fence is proposed extending back along the side boundaries up to the front building alignment.

The proposed dwelling is a single storey dwelling from the street elevation and two (2) storey from the rear where the land experiences a sharp embankment in the order of 3m in a space of 1.5m which resulted in a breach in height from a maximum of 7.8m for flat roofed dwellings to 9m as proposed.

Otherwise, the proposed development complies in full numerically and objectively and seeks to retain one (1) street tree (Brushbox) where the proposed design was amended to ensure the retention of the subject tree.

DESCRIPTION OF THE SITE AND LOCALITY
The site is a rectangular shaped site with a frontage of 13.715m to Ballantyne Road Mortdale and an area of 752.4sqm. The site is located on the western side of the street. Existing on the site is a part one (1), part two (2) storey dwelling house

Adjoining the site to the north and south sides are also part one (1), part two (2) storey single dwelling houses where all of which adjoin Hurstville Golf Course from the rear. The site is located within the Foreshore Scenic Protection Area and is generally residential in character.

The subject site is considered to be constraint by a sharp embankment from front to rear in the order of 3m within a space of 1.5m and progressively sloping further to the rear by an additional 4m.

There is a main sewer line traversing across the site approximately 21m east (towards the front) of the rear boundary and the site also contains class 5 acid sulphate soils.

COMPLIANCE AND ASSESSMENT
The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979.

1. Environmental Planning Instruments
HURSTVILLE LOCAL ENVIRONMENTAL PLAN

The land is zoned 2 – Residential and the proposed use is permissible within the zone. The proposal meets the zone objectives.

Clause 14 - Tree preservation orders

“(5) Where a tree preservation order is in force a person must not ringbark, cut down, top, lop, remove, injure or destroy any tree covered by the order without the consent of the council.

(7) When considering an application for a consent referred to in subclause (5) the council must make an assessment of the importance of the tree or trees in relation to:
(a) soil stability and prevention of land degradation,
(b) scenic or environmental amenity, and
(c) vegetation systems and natural wildlife habitats.”

“(4) (a) the appearance of the proposed development from both the waterway and adjacent foreshore areas;”

“(b) The likely impact of the proposed development on views from adjoining properties and public places to the waterway and adjacent foreshore areas;”

“(c) The likely effect of the proposed development on the natural topography, natural rock formations, canopy vegetation, or any other significant vegetation;”

“(d) The design of the proposed development and selection of materials and their impact on the character of the locality and landscaped open space on the site”

“When considering an application for consent required by subclause (1), the council shall have particular regard to:
(a) The likely disruption of, or detrimental effect on, existing drainage patterns and soil stability in the locality, and
(b) The effect of the proposed works on the likely future use or redevelopment of the land.”

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.5 ENERGY EFFICIENCY
The proposal satisfies the minimum required solar access and energy efficiency provisions in accordance with this section. A BASIX certificate satisfying the required score has been provided.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 3.8 FENCES ADJACENT TO PUBLIC ROADS
The proposed fence is a 1m high masonry fence across the site’s frontage and extending along both side boundaries to the front building alignment. The proposed fence will allow for natural surveillance and is considered satisfactory to the provisions of this section.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING

Single Dwelling House Controls	Standard	Proposed	Complies
Site Area		752.4sqm	-
4.1.3.1 – Maximum Floor Area	Greater than 630sqm and less or equal to 100sqm = 0.50:1 (383.22sqm)	372.05sqm 0.49:1 including cabana area	Yes
4.1.3.2 – Landscaping and Open Space Areas Principal Private Open Space Deep Soil Landscaping	Min. 45% of the total site area = 338.58qm * Min. 30sqm * Min. 5m in any direction * Ground level/behind building line * Min. 25% of the total site area = 188.1sqm (Min. soil depth = 0.9m and Min. width of 2m) * Site width >12m, Front yard deep soil area = Min. 15sqm	Landscaped area = 416.83sqm (55%) Principal private open space 102qm Minimum dimensions = 17m x 6m Ground level/behind building line Deep soil landscaping = 209sqm 27% All with min dimension of 2m and 900mm deep Front yard = 24sqm	Yes Yes Yes Yes Yes Yes
4.1.3.3 – Building Height Max. Ridge Height Max. Ceiling Height	7.8 m to the top of parapet for flat roofs or 9m to the ridge 7.2m above the existing ground level	Up to 9m within centre of building to parapet 7.2m	No (1) Yes
4.1.3.4 – Setbacks Front Setback (Building Line) Side Boundary Setbacks (Basement and Ground Level)/ Eaves First floor side setback Rear Setback	Min. 4.5m to front wall of dwelling 5.5m to garage Min. 0.9m to boundary Min 1.5m Min. 3m for ground floor levels Min 6m for first floor levels	6m 5.5m 900mm-1.2m 1.5m 10.8m to cabana at closest point	Yes Yes Yes Yes Yes Yes
4.1.3.8 – Parking and Access	Min of 2 car spaces for 3 bedrooms or more and 1 space for 1 and 2 bedrooms All required spaces behind the building line for sites equal to and greater than 12m Carports and garages are not permitted forward of the building line in a new building	2 spaces provided Both spaces are behind the building line None proposed forward of the building line	Yes Yes N/A
4.1.3.9 – Visual and Acoustic Privacy	Windows offset by 1m	All windows have been generally offset and or obscured. However, a privacy screen is required and provided along northern and southern elevation of upper floor rear facing balcony and lower ground floor patio and swimming pool area due to the slope in the land.	Yes
4.1.3.10 – Solar Design and Energy Efficiency	Principal private open space of both subject and adjoining building to receive a min. 3hrs direct solar access between 9am and 3pm in mid-winter	All adjoining private and open spaces will receive the minimum required sunlight despite the sites east west type orientation. This is achievable due to the front to rear slope in the land.	Yes
4.1.3.12 – Stormwater	To comply with relevant: Council policy, BCA and Australian Standard	Discharge is by gravity to rear adjoining golf course via an OSD subject to conditions of consent	Yes

(1) Building Height

There is an embankment in the land across the subject site sloping from front to rear in the order of 3m within a space of 1.5m where the land begins to progressively slope further to the rear by an additional 4m. Hence, the proposed design being a single storey from street elevation and two (2) storeys from its rear elevation.

This has resulted in a breach in overall height of the proposed dwelling in this section whereby a variation is sought in regards to the maximum permitted height of 7.8m to top of parapet in flat roofed dwellings. Whilst, the proposal is 9m in this regards, this breach is limited to a rectangular area centre of the dwelling that is 3.6m wide by 9.8m long.

Without this design rational, the dwelling would not be able to achieve a minimum of 2.4m floor to ceiling height at its front section as it should to satisfy the provisions of the Building Code of Australia.

Further, whilst the proposal may be in breach of the 7.8m height limit the following should be noted:

* The overall height does not exceed the 9m which would comply had the roof design been pitched type however, in this case a pitched roof type would result in completely eliminating the upper floor level limiting the development to staggered single storey design possibly with stairs or lift access.

* A pitch roof design would also result in a higher building when viewed from the street.

* The proposed dwelling is a single storey dwelling from the front elevation and when viewed from the street.

* The subject site adjoins Hurstville Golf Course from the rear hence not posing any detrimental privacy impact in this regards.

* The proposed development in general complies in full numerically in all other aspects.

* The proposed is predominantly consistent with the existing character in its locality and the existing dwelling onsite proposed to be demolished.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.6 OUTBUILDINGS

Outbuildings	Standard	Proposal	Complies
General Controls: Complement existing dwelling	· Not adversely impact on amenity of adjoining premises · Shall be in harmony with adjoining heritage premises · Where possible maintain trees	· Not considered to pose an adverse amenity impact · Not within the vicinity of a heritage listed item. · Does not require the removal of any vegetation	Yes
Size	Outbuildings greater than 80sqm determined by resolution of Council Where outbuilding is greater than 55sqm, it must be accompanied by a letter justifying the reasons for the size	Total cabana area is 27.04sqm	Yes
Landscaping	For outbuildings associated with single dwelling houses the minimum landscaped area is: · 45% of site for FSPA	Landscaped area = 416.83sqm (55%)	Yes
External Finishes	All external finishes and claddings should be of low reflectivity	All external finishes and claddings are of low reflectivity	Yes
Height	· Maximum 3m from top plate to natural ground level · Heights in excess of 3m must be accompanied by a letter of justification · Two (2) storey outbuildings may be approved by resolution of Council where privacy and amenity of adjoining buildings will not be compromised	Generally 2.6m to ceiling level with exception to its south western corner where it is 3.6m Single storey structure	Yes (1) Yes
Stormwater	Stormwater discharge must be in accordance with Council Policy, BCA and AS	Stormwater discharges to rear adjoining golf course via gravity subject to conditions of consent	Yes
Setbacks for Garages, Gyms, Cabanas and Sheds	Detached to a dwelling may extend to side and rear boundaries providing: · Walls built of masonry (brick) · Designed in accordance with BCA · No eaves or gutters overhanging any boundary	· 900mm from northern side and 10.8m from rear western boundary · Proposed masonry structure · Standard condition of consent included to ensure compliance · No eaves or gutters overhanging any boundary	Yes

(1) Height

The height of the outbuilding exceeds the recommended 3m height control by 600mm from the south western corner of the structure only where the land is at its lowest topography. This variation is considered negligible given the site’s steep topographical conditions.

In addition the subject outbuilding is a single storey structure which would not result in any detrimental shadow impacts or privacy impacts for that matter as the proposal provides an 18m long by 1.8m high along the northern side boundary to the extent of the rear patio area, the swimming pool area and the subject cabana outbuilding.

As such this variation is supported.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 5.9 SWIMMING POOLS AND SPAS

Swimming Pools and Spas	Standard	Proposal	Complies
Pool Sitting	Inground swimming pool shall be built so that the top of the swimming pool is as close to the existing ground level as possible	1m above NGL from the western side due to slope in land	Yes
Side Setbacks	Pool edge must be set back at least 1.5m from any side or rear boundary	2.5m-3.1mm from the northern and southern boundaries	Yes
Setback from pool fencing	Swimming pool edge must be at least 1m from pool fencing	1m	Yes
Filling	Filling of land between pool and property boundary is not permitted	Can be conditioned	Yes
Noise	The position of the swimming pool and ancillary equipment must be minimised to reduce the impact of noise on adjoining neighbours	Position of filter will be conditioned to be a minimum of 5m away from any adjoining dwelling	Yes
Access to swimming pools	Part 2 of the Swimming Pool Act 1992, AS1926	A child resistant barrier is achieved around the perimeter of the swimming pool. Access is via a single gate on the eastern side of the fence. Standard conditions of consent are included regarding child resistance devices and standards of construction.	Yes
Fencing and Gates	The location of fencing for private swimming pools must comply with one of the following options: - Option A - Option B - Option C	Option A– No direct access to the swimming pool area from the building	Yes
Design and Construction of Fencing	- Fencing shall be no less than 1.2m at any point along the fence, on the outside of the fencing, - Height of any opening between the bottom of the fence and finished ground level shall not exceed 100mm, -Horizontal rails (horizontal members) shall not be less than 900mm apart, -The top surface of the highest lower rail shall be at least 1.1m below the top of the fence, -The clear space between any adjacent vertical rails such as palings, rods or wires shall not exceed 100mm at any point.	1.2m high swimming pool fence above finished floor level. A standard condition of consent has been imposed to ensure that all these requirements are met during construction.	Yes
Gates	Gates must swing outwards away from the swimming pool area and be fitted with a latching device	A standard condition of consent has been imposed to ensure compliance	Yes
Outside surface	Fences with horizontal members, projections or indentations must not act as a hold for climbing	A standard condition of consent has been imposed to ensure compliance	Yes

As can be seen from the table above, the proposal complies with Section 5.9.

4. Impacts
Natural Environment
The proposal seeks to retain the street tree and replant additional vegetation around the site, there is no vegetation proposed to be removed as a result of the proposal.

Further, specific conditions of consent have been added should this application be approved to control the amount of discharge into the golf course via the provision of an OSD. The proposal in this regards is considered to pose minimal impact upon the natural environment.

Built Environment
The subject site contains a steep slope from front to rear in the order of 7m in total whereby 3m of which are encountered within a space of 1.5 linear metres towards the front.

Despite the land topography the proposal has maintained a single storey dwelling when viewed from the street which is consistent with the adjoining development.

Similarly, the proposal still achieves the minimum required solar access to the adjoining properties despite its predominant east to west orientation.

The proposed design also allows for adequate cross ventilation and solar access to the subject development itself.

Further, provisions have been made for privacy screens along the northern side boundary fencing to prevent any possibility of overlooking that is created as a result of the slope in the land.

The site does not contain any heritage listed items or located within the vicinity of a heritage listed item.

As such, the proposal in its current for is not considered to pose any detrimental impacts upon the built environment.

Social Impact
There are no adverse social impacts.

Economic Impact
There are no adverse economic impacts.

Suitability of the Site
The subject site is considered suitable for the proposed development in terms of its size, shape, and topography. The site is not identified as being bushfire affected, flood affected or believed to contain contaminated lands.

The site is affected by Class 5 acid sulphate soils however, given the type of the development, the proposal does not require any tunnelling or any extent of excavation that is unlikely to lower the water table or pose any detrimental impacts that would render the subject site as unsuitable for the proposed development.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident
Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. Notification has been extended to twelve (12) adjoining properties and two (2) submissions were received in reply. The concerns outlined in the submissions and their respective comments are discussed as follows.

Height

"The building appears to be over the height limit of 8.00 metres above natural ground level in the foreshore protection area."

"Will the demolition of the existing building include a licensed asbestos remover and will this be carried out in accordance with the regulations?"

"Who will ensure that the building rubbish is cleared and that any debris is cleared from the road daily?"

"Will the road be repaired to the same standard as present if any road penetration is performed?"

THAT the application be approved subject to the following conditions:

Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 (relating to building work)

All building work must be carried out in accordance with the provisions of the Building Code of Australia.

In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorized to be carried out by the consent commences.

(1) A sign must be erected in a prominent position on any work site on which building work, subdivision work or demolition is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work
(b) showing the name of the principal contractor (if any) for any building work and a telephone number at which that person may be contacted outside working hours
(c) stating that unauthorised entry to the work site is prohibited

(2) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, and must be removed when the work has been completed.

(3) This clause does not apply to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

(4) These signage requirements do not apply to in relation to Crown building work that is certified to comply with the technical provisions of the State's building laws.

Notification of Home Building Act 1989 Requirements

(a) in the case of work for which a principal contractor is required to be appointed:
(i) the name and licence number of the principal contractor
(ii) the name of the insurer by which the work is insured under Part 6 of that Act

(b) in the case of work to be done by an owner builder:
(i) the name of the owner builder
(ii) if the owner builder is required to hold an owner builder permit under the Act, the number of the owner builder permit

Shoring and Adequacy of Adjoining Properties

If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

This does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

To Obtain a Construction Certificate

(a) Evidence of an Owner Builder Permit (Class 1 & 10 buildings only).

(b) Evidence of Home Building (Private) Insurance Certificate.

(c) Fees to be paid to Council:

Schedule of fees, bonds and contributions

Fee Type	Paid	Fee Type	Amount	Receipt Date	Receipt No
Development Application Fee	X	DA1	$1,391.00	10 Feb 12	362050
Plan First Fee	X	AP35	$307.20	10 Feb 12	362050
Notification Fee	X	AP12	$134.93	10 Feb 12	362050
Imaging Fee	X	AP165	$132.87	10 Feb 12	362050
Long Service Levy		AP34	$1,680.00
Builders Damage Deposit		BON2	$1,500.00
Inspection Fee for Refund of Damage Deposit		DA6	$125.00

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

PCA Services Fee		DA6	$2,449.94
Construction Certificate Application Fee		CC1	$1,654.70
Construction Certificate Imaging Fee		AP165	$132.87

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

(a) Payment to Council of a Damage Deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,500.00

(b) Payment to Council of a non refundable Inspection Fee to enable assessment of any damage and repairs where required: $125.00

(c) At the completion of work Council will inspect the public works, and the damage deposit will be refunded in full upon completion of work where no damage occurs. Otherwise the amount will be either forfeited or partly refunded according to the amount of damage.

(d) Prior to the commencement of work a photographic record of the condition of the Council nature strip, footpath and driveway crossing, or any area likely to be affected by the proposal, shall be submitted to Council.

* on site pollutant retention and removal, and

* to minimise stormwater discharge rates and prevent localised erosion

All roof and pavement runoff is to be collected in a system of pipes and pits and directed to the rear of the property for discharge toward Council’s Reserve in a controlled fashion and away from neighbouring private property via a single outlet.

A silt/litter arrestor pit with Maximesh type screen, similar to that depicted in Rockdale Council’s Stormwater Management DCP 78, Appendix C Figure C.1 is to process all intercepted roof and pavement runoff and discharge this water into a spreader/dissipater. This device is to direct water to the Council Reserve at a velocity not exceeding 2m/sec. and is to be made of highly durable material.

The design of this proposed drainage system must be prepared by a qualified practising hydraulics engineer and be submitted for approval with the Construction Certificate application.

Before Commencing the Development

(a) A Construction Certificate for the building work has been issued by:

(ii) An accredited certifier; and

(b) The person having the benefit of the development consent has:

(b1) The Principal Certifying Authority has, no later than 2 days before the building work commences:
(i) Notified the Council of his or her appointment, and

(b2) The person having the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has:

(c) The person having the person having the benefit of the development consent has given at least 2 days notice to the Council of the person's intention to commence the erection of the building.

(a) Obtain a Construction Certificate from Hurstville City Council - a fee applies for this service; or

(b) Lodge with Hurstville City Council any Construction Certificate obtained from an Accredited Certifier (together with associated plans and documents) - a fee applies for this service.

(a) Not less than two (2) days notice of the date on which it is proposed to commence work associated with this Development Consent.

(b) Details of the appointment of a Principal Certifying Authority (either Hurstville City Council or an Accredited Certifier).

(c) Details of the name, address and licence details of the Builder.

Note: This condition applies to buildings with a rise of storeys not more than three that contains two or more dwellings, where a storey has the same meaning as in the BCA and does not include a space within a building if the space includes accommodation only intended for vehicles.

Please refer to the web site 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.

(a) compliance with the approved Soil and Water Management Plan
(b) removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)
(c) all uncontaminated run-off is diverted around cleared or disturbed areas
(d) silt fences or other devices are installed to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways
(e) all erosion and sediment controls are fully maintained for the duration of demolition/ development works
(f) controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadways
(g) all disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar
(h) all water pumped or otherwise removed from excavations or basement areas is filtered to achieve suspended solids/non filterable residue levels complying with the Australian Water Quality guidelines for Fresh and Marine Waters
(i) pumped or overland flows of water are discharged so as not to cause, permit or allow erosion
(j) compliance with the Do it Right on Site brochure requirements publicated by SSROC

During the Development

Additionally, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) is prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

(a) modification of existing soil levels, storage of materials, site sheds and machinery;

(b) preparation of building materials, eg. concrete, or chemical treatments;

(c) the movement of pedestrian or vehicular traffic;

(d) the temporary or permanent location of services, or the works required for their installation, eg. trenches, holes or canals.

Before Occupation

(a) That any preconditions required by the development consent to be met have been met; and

(b) Such building work has been inspected by that Principal Certifying Authority, or, in the case of all inspections other than the last critical stage inspection, by another certifying authority, on such occasions as are prescribed in the Environmental Planning and Assessment Regulation, 2000, and on such other occasions as may be required by the Principal Certifying Authority and the conditions required by this development consent.

The work must be completed before the issue of an Occupation Certificate.

Monday to Friday (other than a Public Holiday) 7.00am to 8.00pm Saturday, Sunday and Public Holiday 8.00am to 8.00pm

After Occupation/Ongoing Conditions

Advices to Applicant

(a) Apply for a Review of a Determination under Section 82A of the Environmental Planning and Assessment Act 1979. A request for review and the decision by Council of that request must be made within six (6) months of the date of this Notice of Determination and be accompanied by the relevant fee. If your development application was lodged with a consent authority prior to 28 February 2011, that request for a review and decision by Council must be made within twelve (12) months of this Notice of Determination. You must ensure that an application for review of determination gives Council a reasonable period in which to review its decision having regard to the relevant issues and complexity of the application.
OR

(b) Appeal to the Land and Environment Court within six (6) months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979. If your development application was lodged with a consent authority prior to 28 February 2011, an appeal to the Land and Environment Court must be made within twelve (12) months of this Notice of Determination.

(a) street/house number and street name
(b) side of the street
(c) name of nearest cross street
(d) distance from nearest cross street

(a) Pump concrete from within a public road reserve or laneway.
(b) Stand a mobile crane within the public road reserve or laneway.
(c) Use part of Council's road/footpath area.
(d) Pump stormwater from the site to Council's stormwater drains.
(e) Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.

an appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.

86. If you need more information, please contact Development Assessment Officer Ramez Guirguis on 9330-6275 during normal office hours.


RESOLUSION - CCL

THAT the application be approved in accordance with the conditions included in the report.

Applicant	MSB Design Pty Ltd
Proposal	Alterations and additions to dwelling – ground and lower ground additions
Zoning	Zone 2 - Residential
Planning instruments applicable	Hurstville Local Environmental Plan 1994, Draft Hurstville Local Environmental Plan 2011, State Environmental Planning Policy No.55 – Remediation of Land, State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, Greater Metropolitan Regional Environmental Plan No.2 – Georges River Catchment, Development Control Plan No 1 - LGA Wide - Section 3.1 Car Parking, Section 3.5 Energy Efficiency, Section 4.1 Single Dwelling Houses
Hurstville Local Environmental Plan 1994 interpretation of use	Dwelling house
Owner/s	Kathryn and Steven Hill
Existing development	Part one and part two storey dwelling house
Cost of development	$350,000.00
Reason for referral to Council	Variations to DCP 1
Report author/s	Development Assessment Officer, Mr K Kim
File No	12/DA-14
Disclosure of political donations or gifts?	No

EXECUTIVE SUMMARY

1. The proposal seeks approval for ground and lower ground additions and a new garage to the front of the existing dwelling situated on a battleaxe allotment.

2. The proposal seeks variations to the minimum side setback of garage and maximum ridge and ceiling heights allowed under the single dwelling controls of Development Control Plan No 1 - LGA Wide.

3. The subject site is located within the Foreshore Scenic Protection Area, Bush Fire Prone and Buffer Zone and is affected by a Foreshore Building Line – measured 30m from the Mean High Water Mark.

4. No submissions were received in relation to this application.


AUTHOR RECOMMENDATION

THAT the application be approved in accordance with the conditions included in the report.


REPORT DETAIL

DESCRIPTION OF THE PROPOSAL
The application seeks approval for ground and lower ground additions and a new garage to the front of the existing dwelling. In detail, the proposal is to contain the following building works:

Dwelling (Ground floor level)
* Internal alterations to the existing ground floor living areas to accommodate a new front porch, entry foyer, study, enlarged master bedroom with an ensuite bathroom, enlarged kitchen and internal stairs to the lower ground floor level.

* A new living/dining room is proposed to the rear of the ground floor living areas with an additional floor area of 43.55sqm. This newly created living/dining room has setbacks ranging from 1.2m to 1.3m from the southern side boundary of the site.

* New windows and doors are proposed mainly towards the front and rear of the dwelling with the exception of three (3) high-light windows to the existing northern wall of the enlarged bedroom and ensuite bathroom.

* A new covered outdoor dining with a barbeque area is proposed to the rear of the ground floor living area.

Dwelling (Lower ground floor level)
* A new laundry is proposed to the northern side of the existing storeroom.

* The rear portion of this level is to be extended towards the rear yard with a new rumpus with a balcony, three (3) bedrooms and bathroom. This results in an additional floor area of 69.76sqm.

* The newly created bedrooms are to have setbacks of 1.2m and 1.4m from the southern side boundary and northern side boundary, respectively.

Garage
* A double garage is proposed over the existing concreted area/open car parking spaces to the front of the dwelling. An internal doorway is also proposed for the attached garage from the dwelling.

* The proposed garage has a frontage of 5.6m, length of 6.56m and has a ceiling height of 3.9m from the existing ground level, which matches the existing ceiling level of the dwelling.

* A 0.96m setback is proposed from the northern side boundary and has 0.1m setback from the eastern side boundary. A rear door access and landing with a 1.8m high privacy screen are proposed to the northern side of the garage.

* Vehicular access is via the existing access handle for the battleaxe site, which is located on the south eastern side of the site.

No other changes have been proposed to the existing landscaped areas on the site or within the 30m foreshore building line from the waterway, Salt Pan Creek to the rear/west of the site.

DESCRIPTION OF THE SITE AND LOCALITY
The subject site is located on a battleaxe allotment and is irregular in shape with a width of 18.9m and an average depth of 76.2m. The subject site has an area of 1445.44sqm without the 99m long access handle from Belmore Road.

The site falls steeply from the street to the Salt Pan Creek at the rear. This fall is made up of rock shelves and a retaining wall running across the mid-section of the rear yard. There are a number of trees within the rear yard, which are not affected by the proposal.

Existing on the site is a part one (1) and part two (2) storey dwelling with two (2) open car parking spaces to the front of the dwelling. There is an existing sewer line running across the site within the rear yard.

The subject site is adjoined by a two (2) storey dwelling to the south (5 Belmore Road) at a higher level than the subject dwelling with this neighbour’s garage being located closest to the common boundary. The two (2) storey dwellings (13 and 13A Belmore Road) to the north are set at a lower level than the subject dwelling.

The subject site is located within Foreshore Scenic Protection Area and is identified as a Bushfire Prone Land. The area is generally residential in character within the Foreshore Scenic Protection Area.

COMPLIANCE AND ASSESSMENT
In respect to Section 79BA(1)(b) of the Environmental Planning and Assessment Act 1979 - ‘Consultation and Development Consent - Certain Bush Fire Prone Land’, the application was accompanied with a bush fire risk assessment report and was certified by an accredited bush fire consultant (prepared by Building Code and Bushfire Hazard Solutions Pty Ltd and dated 11 May 2012). Accordingly, the proposal is seen to comply with this clause of the Environmental Planning and Assessment Act 1979 (as amended).

The development has been inspected and assessed under the relevant Section 79C(1) "Matters for Consideration" of the Environmental Planning and Assessment Act 1979 (as amended).

1. Environmental Planning Instruments

HURSTVILLE LOCAL ENVIRONMENTAL PLAN
The land is zoned 2 - Residential. Dwelling houses are a permissible use in the zone. The proposal meets the zone objectives. The development is compliant with the Hurstville Local Environmental Plan 1994.

Clause 14 – Tree Preservation Orders
There are no trees affected by this proposal.

Clause 15 – Services
Adequate facilities for the supply of water and for the removal of sewage and drainage are available to this land.

Stormwater, including the rainwater tank overflow, is proposed to be disposed by gravity to Salt Pan Creek via a silt arrestor pit. Council’s Development Engineer has reviewed the proposed drainage system and raised no objection subject to the drainage condition attached to the recommendation.

Therefore the proposal is considered acceptable and is consistent with this clause of Hurstville Local Environmental Plan 1994.

Clause 19 – Foreshore Building Lines
No works are proposed within the 30m Foreshore Building Line.

Clause 19B – Foreshore Scenic Protection Area
The site is located within the Foreshore Scenic Protection Area and as such Council must consider the objectives of this clause, notably.

”4 (a) the appearance of the proposed development from both the waterway and adjacent foreshore areas;”

”4 (b) the likely impact of the proposed development on views from adjoining properties and public places to the waterway and adjacent foreshore areas;”

“4 (c) the likely effect of the proposed development on the natural topography, natural rock formations, canopy vegetation or any other significant vegetation;”

”4 (d) the design of the proposed development and selection of materials and their impact on the character of the locality and landscaped open space on the site.”

The proposal has achieved a BASIX Certificate and therefore complies with the objectives of Section 3.5 of Development Control Plan No 1. The proposed development also complies with the solar access requirements of Development Control Plan No 1 – LGA Wide.

DEVELOPMENT CONTROL PLAN NO 1 – LGA WIDE – SECTION 4.1 SINGLE DWELLING HOUSES
The extent to which the proposed development complies with the single dwelling house controls is outlined in the table below.

Single Dwelling House Controls	Standard	Proposed	Complies
Site Area		1445.44sqm	Yes
4.1.2.1 – Site Analysis		Existing site constraints: * Irregular shaped lot * Slope * Orientation of the existing dwelling * Battle-axe site with access handle from Belmore Road * Significant vegetation natural rock outcrops
4.1.3.1 – Maximum Floor Area	Site area 1500sqm ≥ 1000sqm Max. GFA = (1445.44sqm – 1000) x 0.3 + 457.5 = 546.59sqm	GFA = 248.64sqm	Yes
4.1.3.2 – Landscaping and Open Space Areas Principal Private Open Space Deep Soil Landscaping	Landscaped Area – Site area (FSPA) Min. 45% of the total site area = 650.45sqm * Min. 30sqm * Min. 5m in any direction * Ground level/behind building line * Min. 25% of the total site area = 361.36sqm (Min. soil depth of 0.9m and Min. width of 2m) * Site width >12m: Front yard deep soil area = Min. 15sqm	Landscaped area = 1100.2sqm or 76% Principal private open space = more than 1000sqm (rear yard up to the mean high water mark) Dimensions = 19m x 56m Yes Deep soil landscaping = More than 1000sqm (rear yard up to the mean high water mark) Front yard: Existing = none (driveway and open car spaces) Proposed = none (driveway and garage)	Yes Yes Yes Yes Yes Yes (existing site condition)
4.1.3.3 – Building Height Max. Ridge Height Max. Ceiling Height	9m above the existing ground level 7.2m above the existing ground level	Max 9.6m above the existing ground level. Max 7.7m (south western corner of the living room) to 8.5m (north western corner of the dining room) above the existing ground level.	No (1) No (2)
4.1.3.4 – Setbacks Front Setback (Building Line) Battleaxe Block Setback FSPA Eaves Rear Setback	Min. 4.5m to front wall of dwelling Min. 5.5m to front wall of garage Side setbacks apply to all boundary setbacks on internal allotments Min. 0.9m for ground floor walls Min. 1.5m for first floor walls Min. 0.45 to boundary (ground level) Min. 0.75m to boundary (first floor level) Min. 6m for the balustrades of first floor balcony	104.6m from Belmore Road - same as existing 99.1m Belmore Road East (garage) = 0.1m North (garage) = 0.96m South (existing) = 3.68m North (bedroom) = 1.4m South (bedroom and dining room) = 1.2m - Conditioned to provide a min. 1.5m setback for all walls to habitable areas North = 0.51m South = 3.23m (existing) North = 0.95m South = 0.75m 54.6m	Yes Yes No (3) Yes Yes (existing) Yes (by conditions) Yes Yes Yes Yes Yes
4.1.3.6 – Balconies and Terraces Access Privacy	Direct access at same floor level to the balcony from a habitable room Overlooking shall be minimised by using – Fixed planter boxes (1m width) or privacy screens with a height 1.5m-1.8m	Yes - Access from the proposed lounge and living room A condition to require privacy louvres on the northern side of the proposed outdoor dining area	Yes Yes (by condition)
4.1.3.9 – Visual and Acoustic Privacy	Windows offset by 1m	Yes - High-light windows used	Yes
4.1.3.10 – Solar Design and Energy Efficiency	Principal private open space of both subject and adjoining building to receive a min. 3hrs direct solar access between 9am and 3pm in mid-winter	Yes - Sunlight access for the southern adjoining private open space would be maintained in the afternoon Habitable room windows of the southern neighbour will receive sunlight in the morning	Yes
4.1.3.12 – Stormwater	To comply with relevant: Council policy, BCA and Australian Standard	To be conditioned	Yes
4.1.4 – Alterations and Additions to a Single Dwelling House Building Appearance	* Scale and size: to be compatible with the existing dwelling or neighbouring dwellings * Roof: to be integrated to compliment existing dwelling’s roof form, where possible and to incorporate design elements consistent with existing dwelling * Materials: to compliment the materials used for the existing dwelling	Yes - the proposal is considered to be compatible with the existing dwelling and surrounds The proposal incorporates a colour scheme and roof form which will be sympathetic to the existing dwelling and surrounds, and the combination of materials to be used will be acceptable in appearance	Yes Yes

(1) and (2) Building Height - Maximum ceiling and ridge heights

The site is constrained by the natural contours and rock shelves throughout the site. Also a 5m fall exists directly underneath the building footprint of the dwelling from the front building line to the rear alignment of the dwelling.

Due to these site constraints, the proposal has incorporated suspended concrete slab for the building platform and minimised the need for excavation of land or existing rock formation. This construction method is considered appropriate for the site to minimise disruption and detrimental effect on the existing drainage patterns and soil stability of the site.

The proposal on its merit is considered acceptable on the following basis:

* The non compliance with the maximum external wall height only applies to the newly created external walls of the ground floor dining/living room, due to the contours of the site.

* The development is maintaining the existing floor level for the new living areas.

* The existing floor-to-ceiling height is maintained with the proposed dining/living room and hence the proposal does not detract from the appearance of the existing dwelling.

* The non compliance with the maximum ridge height of the dwelling is considered ‘negligible’, because the majority of the roof (up to 90% of the total roof area) remains well below the maximum ridge height of 9m from the existing ground level.

* No water or district view from the adjoining properties would be lost with the increased external wall of the dining/living room or the increased ridge height of the dwelling.

* As previously stated, the appearance of the proposed development is considered to be sympathetic to the existing dwelling and surrounding developments within the Foreshore Scenic Protection Area.

* The impact from overshadowing from the increased external wall of the dining/living room is considered minimal between 12.00pm and 3.00pm midwinter. The overshadowing complies with Council’s controls.

As such, the variations to the maximum external wall and ridge heights are recommended to be supported.

(3) Setbacks – garage (eastern side)
The proposed garage is to be erected over the existing open car parking spaces on the north eastern corner of the site. The location of the garage and consequently the setback from the eastern side boundary is considered acceptable for the following reasons:

* The site has a number of constraints as to where car parking space can be provided, due to the physical settings of the dwelling and long access handle/driveway and natural contours of the land.

* It is considered that the area between the dwelling and the southern side boundary is not suitable for car parking due to the grade of more than 10%. However this area can best be used as a turning area with the inclusion of the full driveway length across the front wall of the dwelling for vehicular manoeuvrability within the site. This will allow vehicles to enter and exit in a forward direction, which is considered appropriate for the subject site with a 99m long access handle/driveway.

* The design of the garage has incorporated the aforementioned car parking solution for the site.

* The garage cannot further be reduced in width internally and increase the setback from the eastern side boundary, because it has the minimum internal width required for a double garage. A tandem garage would not be suitable for the vehicular manoeuvrability and access reasons detailed above.

* The proposed garage is single storey and hence no adverse amenity impacts are envisaged as a result of this non compliance with the setback of the garage.

* Given the above reasons, the orientation and site conditions of the site warrants this variation because there is no alternative location for a garage within the site.

* At present, the subject area is paved and used for uncovered parking spaces. This proposal is to provide weather protection to those areas.

4. Impacts

Natural Environment
It is considered that the proposal will have no adverse impact upon the natural environment, subject to the conditions included in this report. A sediment and erosion control plan and drainage plans have been considered and addressed any potential impacts.

Built Environment
The proposal incorporates a colour scheme and roof form which will be sympathetic to the existing dwelling and surrounds. As well the combination of materials to be used will be acceptable in appearance and hence the proposal will not have any adverse impact on the built environment.

In respect to visual privacy, a condition has been included in the recommendation to reduce overlooking from the outdoor dining area with the provision of privacy louvres to the northern side of this area.

In terms of overshadowing, the proposal would allow a minimum of three (3) hours to private open space and windows to habitable rooms on the adjoining properties as required under Development Control Plan No 1 – LGA Wide.

Accordingly, it is unlikely that the proposal will have an adverse impact on the built environment.

Social Impact
The proposal is for residential purpose and will not have any adverse social impact.

Economic Impact
The proposal is for residential purpose and no adverse economic impact is envisaged.

Suitability of the Site
It is considered that the allotment is suitable for the proposed development in terms of the allotment size, shape, orientation and topography.

5. REFERRALS, SUBMISSIONS AND THE PUBLIC INTEREST

Resident
Nine (9) letters were sent to adjoining residents and given fourteen (14) days in which to view the plans and submit any comments on the proposal. No submissions were received in response to the notification.

Council Referrals

Development Engineer
The proposal was referred to Council’s Development Engineer for comments and received no objection, subject to the following condition:

“DR1 (g) – to Salt Pan Creek via a silt arrestor pit with the point of discharge located within the property. Flows are to be disbursed to avoid erosion and are not to exceed a velocity of 2 metres /second. Stormwater discharge is to be directed away from neighbouring property.”

"Asset Protection Zones
1. That all grounds not built upon within the subject property be maintained as an Asset Protection Zone as detailed in the NSW Rural Fire Service’s document ‘Standards for Asset Protection Zones’ and Appendix 2 of Planning for Bush Fire Protection 2006.

Construction
2. That the proposed works be constructed to that of section 3 and BAL 12.5 under Section 5 of AS3959 – 2009.
3. That the proposed works be constructed to that of the ‘Additional Construction Requirements’ detailed in A3.7 of the Addendum to Appendix 3 of Planning for Bush Fire Protection 2006 and NSW Rural Fire Service Fast Facts, Development Control Notes and Practice Notes.

Landscaping
4. That any new landscaping is to comply with Appendix 5 ‘Landscaping and Property Maintenance’ under Planning for Bush Fire Protection 2006.

Water Supply
5. That a minimum 10,000 litre static water supply be provided within the subject property.
The requirements applicable to the provision of a water tank are:
i) A suitable connection for fire fighting purposes is made available and located within the IPA and away from the structure. A 65mm Storz outlet with a gate or Ball valve is provided.
ii) Gate or Ball valve and pipes are adequate for water flow and are metal rather than plastic.
iii) Underground tanks have an access hole of 200mm to allow tankers to refill direct from the tank. A hardened ground surface for truck access is supplied within 4 metres of the access hole.
iv) Above ground tanks are manufactured of concrete or metal and raised tanks have their stands protected. Plastic tanks are not used. Tanks on the hazard side of a building are provided with adequate shielding for the protection of fire fighters.
v) All above ground water pipes external to the building are metal including and up to any taps. Pumps are shielded."

Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 (relating to building work)

All building work must be carried out in accordance with the provisions of the Building Code of Australia.

In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorized to be carried out by the consent commences.

(1) A sign must be erected in a prominent position on any work site on which building work, subdivision work or demolition is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work
(b) showing the name of the principal contractor (if any) for any building work and a telephone number at which that person may be contacted outside working hours
(c) stating that unauthorised entry to the work site is prohibited

(2) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, and must be removed when the work has been completed.

(3) This clause does not apply to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

(4) These signage requirements do not apply to in relation to Crown building work that is certified to comply with the technical provisions of the State's building laws.

Notification of Home Building Act 1989 Requirements

(a) in the case of work for which a principal contractor is required to be appointed:
(i) the name and licence number of the principal contractor
(ii) the name of the insurer by which the work is insured under Part 6 of that Act

(b) in the case of work to be done by an owner builder:
(i) the name of the owner builder
(ii) if the owner builder is required to hold an owner builder permit under the Act, the number of the owner builder permit

Shoring and Adequacy of Adjoining Properties

If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

This does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

To Obtain a Construction Certificate

(a) Evidence of an Owner Builder Permit (Class 1 & 10 buildings only).

(b) Evidence of Home Building (Private) Insurance Certificate.

(c) Fees to be paid to Council:

Schedule of fees, bonds and contributions

Fee Type	Paid	Fee Type	Amount	Receipt Date	Receipt No
Development Application Fee	X	DA1	$1,70.00	19 Jan 12	361208
Plan First Fee	X	AP35	$224.00	19 Jan 12	361208
Notification Fee	X	AP12	$134.93	19 Jan 12	361208
Imaging Fee	X	AP165	$132.87	19 Jan 12	361208
Company Search Fee	X		$20.00	19 Jan 12	361208
Long Service Levy		AP34	$1,225.00
Builders Damage Deposit		BON2	$1,500.00
Inspection Fee for Refund of Damage Deposit		DA6	$125.00

The following fees apply where you appoint Council as your Principal Certifying Authority (PCA). (If you appoint a private PCA, separate fees will apply)

PCA Services Fee		DA6	$2,107.03
Construction Certificate Application Fee		CC1	$1,436.64
Construction Certificate Imaging Fee		AP165	$132.87

Fees and charges above are subject to change and are as set out in the version of Council's Schedule of Fees and Charges or as required by other Government Authorities, applicable at the time of payment.

(a) Privacy louvres are to be erected to the northern side of the outdoor dining area at the rear. The privacy louvres are to be a minimum 1.8m high from the finished floor level of the outdoor dining area. The privacy louvres are to be fixed in a position that does not allow viewing of the adjoining development. This condition has been imposed to reduce privacy impacts on adjoining developments.

(b) The newly proposed living areas and bedrooms to the rear of the dwelling shall be reduced in its width to provide a minimum 1.5m setback from the southern and northern side boundaries.

(a) Payment to Council of a Damage Deposit for the cost of making good any damage caused to any Council property as a result of the development: $1,500.00

(b) Payment to Council of a non refundable Inspection Fee to enable assessment of any damage and repairs where required: $125.00

(c) At the completion of work Council will inspect the public works, and the damage deposit will be refunded in full upon completion of work where no damage occurs. Otherwise the amount will be either forfeited or partly refunded according to the amount of damage.

(d) Prior to the commencement of work a photographic record of the condition of the Council nature strip, footpath and driveway crossing, or any area likely to be affected by the proposal, shall be submitted to Council.

The design of this proposed drainage system must be prepared by a qualified practising hydraulics engineer and be submitted for approval with the Construction Certificate application.

(a) New construction shall comply with section 3 and BAL 12.5 under Section 5 of AS3959 – 2009 ‘Construction of buildings in bushfire prone areas’

(b) New construction shall comply with the ‘Additional Construction Requirements’ detailed in A3.7 of the Addendum to Appendix 3 of Planning for Bush Fire Protection 2006 and NSW Rural Fire Service Fast Facts, Development Control Notes and Practice Notes.

i) A suitable connection for fire fighting purposes is made available and located within the IPA and away from the structure. A 65mm Storz outlet with a gate or Ball valve is provided.
ii) Gate or Ball valve and pipes are adequate for water flow and are metal rather than plastic.
iii) Underground tanks have an access hole of 200mm to allow tankers to refill direct from the tank. A hardened ground surface for truck access is supplied within 4 metres of the access hole.
iv) Above ground tanks are manufactured of concrete or metal and raised tanks have their stands protected. Plastic tanks are not used. Tanks on the hazard side of a building are provided with adequate shielding for the protection of fire fighters.
v) All above ground water pipes external to the building are metal including and up to any taps. Pumps are shielded.

Before Commencing the Development

(a) A Construction Certificate for the building work has been issued by:

(ii) An accredited certifier; and

(b) The person having the benefit of the development consent has:

(b1) The Principal Certifying Authority has, no later than 2 days before the building work commences:
(i) Notified the Council of his or her appointment, and

(b2) The person having the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has:

(c) The person having the person having the benefit of the development consent has given at least 2 days notice to the Council of the person's intention to commence the erection of the building.

(a) Obtain a Construction Certificate from Hurstville City Council - a fee applies for this service; or

(b) Lodge with Hurstville City Council any Construction Certificate obtained from an Accredited Certifier (together with associated plans and documents) - a fee applies for this service.

(a) Not less than two (2) days notice of the date on which it is proposed to commence work associated with this Development Consent.

(b) Details of the appointment of a Principal Certifying Authority (either Hurstville City Council or an Accredited Certifier).

(c) Details of the name, address and licence details of the Builder.

Note: This condition applies to buildings with a rise of storeys not more than three that contains two or more dwellings, where a storey has the same meaning as in the BCA and does not include a space within a building if the space includes accommodation only intended for vehicles.

Please refer to the web site 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.

(a) compliance with the approved Soil and Water Management Plan
(b) removal or disturbance of vegetation and top soil is confined to within 3m of the approved building area (no trees to be removed without approval)
(c) all uncontaminated run-off is diverted around cleared or disturbed areas
(d) silt fences or other devices are installed to prevent sediment and other debris escaping from the cleared or disturbed areas into drainage systems or waterways
(e) all erosion and sediment controls are fully maintained for the duration of demolition/ development works
(f) controls are put into place to prevent tracking of sediment by vehicles onto adjoining roadways
(g) all disturbed areas are rendered erosion-resistant by turfing, mulching, paving or similar
(h) all water pumped or otherwise removed from excavations or basement areas is filtered to achieve suspended solids/non filterable residue levels complying with the Australian Water Quality guidelines for Fresh and Marine Waters
(i) pumped or overland flows of water are discharged so as not to cause, permit or allow erosion
(j) compliance with the Do it Right on Site brochure requirements publicated by SSROC

During the Development

Additionally, construction work on all buildings (except that on single dwelling houses and associated structures on the site of a single dwelling house) is prohibited on Saturdays and Sundays on weekends adjacent to a public holiday.

(a) modification of existing soil levels, storage of materials, site sheds and machinery;

(b) preparation of building materials, eg. concrete, or chemical treatments;

(c) the movement of pedestrian or vehicular traffic;

(d) the temporary or permanent location of services, or the works required for their installation, eg. trenches, holes or canals.

Any new landscaping is to comply with Appendix 5 ‘Landscaping and Property Maintenance’ under Planning for Bush Fire Protection 2006.

Before Occupation

(a) That any preconditions required by the development consent to be met have been met; and

(b) Such building work has been inspected by that Principal Certifying Authority, or, in the case of all inspections other than the last critical stage inspection, by another certifying authority, on such occasions as are prescribed in the Environmental Planning and Assessment Regulation, 2000, and on such other occasions as may be required by the Principal Certifying Authority and the conditions required by this development consent.

After Occupation/Ongoing Conditions

Advices to Applicant

(a) Apply for a Review of a Determination under Section 82A of the Environmental Planning and Assessment Act 1979. A request for review and the decision by Council of that request must be made within six (6) months of the date of this Notice of Determination and be accompanied by the relevant fee. If your development application was lodged with a consent authority prior to 28 February 2011, that request for a review and decision by Council must be made within twelve (12) months of this Notice of Determination. You must ensure that an application for review of determination gives Council a reasonable period in which to review its decision having regard to the relevant issues and complexity of the application.
OR

(b) Appeal to the Land and Environment Court within six (6) months after the date on which you receive this Notice of Determination, under Section 97 of the Environmental Planning and Assessment Act 1979. If your development application was lodged with a consent authority prior to 28 February 2011, an appeal to the Land and Environment Court must be made within twelve (12) months of this Notice of Determination.

(a) street/house number and street name
(b) side of the street
(c) name of nearest cross street
(d) distance from nearest cross street

(a) Pump concrete from within a public road reserve or laneway.
(b) Stand a mobile crane within the public road reserve or laneway.
(c) Use part of Council's road/footpath area.
(d) Pump stormwater from the site to Council's stormwater drains.
(e) Store waste containers, skip bins, and/or building materials on part of Council's footpath or roadway.

an appropriate application for a Work (construction) Zone, a pumping permit, a hoarding, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's Schedule of Fees and Charges shall be submitted to Council and approval obtained before commencement of any of the those activities.

62. If you need more information, please contact Development Assessment Officer Kevin Kim on 9330-6263 during normal office hours.


RESOLUSION - CCL

THAT the application be approved in accordance with the conditions included in the report.

CCL230-12	PROPOSED AMENDMENT TO HURSTVILLE CITY CENTRE DEVELOPMENT CONTROL PLAN NO. 2
Report Author/s	Director Planning and Development, Mr M Watt
File	08/1087-1
Reason for Report	For approval
Existing Policy?	Yes	New Policy Required?	No
Financial Implications	Yes, within existing program budget
Previous Reports Referenced	Yes

EXECUTIVE SUMMARY

Council has resolved to set a new direction and adopted a long term vision for future of Hurstville City Centre. This direction and vision stems from the Hurstville City Centre Master Plan 2004 and subsequent investigations and consideration by Council. Following the adoption of the Draft Hurstville City Centre Local Environmental Plan 2011 (Draft HCCLEP) and while work progresses on a new development control plan, Council intends progressing this vision by amending the current City Centre DCP No. 2 and incorporating the adopted building height and floor space ratio controls from the Draft HCCLEP. This report outlines the proposed amendments to the DCP No. 2 for consideration and approval for exhibition.


AUTHOR RECOMMENDATION

THAT Council resolve to amend Hurstville City Centre DCP No. 2 by incorporating its adopted building height and floor space ratio controls from the Draft Hurstville City Centre Local Environmental Plan 2011 and exhibit the amendments.

THAT a further report on submissions received be submitted to Council after the exhibition.

THAT the Department of Planning and Infrastructure, Roads and Maritime Services, Transport for NSW, Sydney Water, Civil Aviation Authority and Sydney Airport authorities be advised of Council's decision.

FURTHER THAT Council agree the Director Planning & Development may make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, prior to the public exhibition of the draft Hurstville City Centre DCP No. 2.

REPORT DETAIL

HURSTVILLE CITY CENTRE MASTER PLAN - VISION FOR HURSTVILLE

The Hurstville City Centre Master Plan 2004 was adopted by Council in December 2004 to set a new direction for the City Centre, to reinforce its role as a regional centre in the St George Region with a vision to attract more high quality commercial and retail business activities, and to provide additional jobs and services for Hurstville residents. The vision is for Hurstville to become a vibrant and attractive place to work, shop and live by providing a framework for development and redevelopment of both private and public land with an emphasis on creating a high quality public domain and open spaces.

This is to be achieved by integrating and co-ordinating the plans and aspirations of stakeholders and infrastructure providers for the long term development of the City Centre as a major regional centre while maintaining and protecting the residential character of the suburbs of Hurstville LGA.

Seven key design principles were identified being:
1. To develop a new bus interchange
2. To create a new civic precinct
3. To improve north-south connections
4. To improve railway station access
5. To create a sequence of public spaces
6. To create park, green gateways, and street trees
7. To simplify the traffic system

The Master Plan identified a need for subsequent investigations and studies to further develop and implement its principles. These investigations, studies and workshops were undertaken between 2004 and 2010 and contributed to the suite of planning controls included in the recently exhibited and adopted Draft HCCLEP 2011.

(1)  The relevant planning authority may prepare a development control plan (or cause such a plan to be prepared) if it considers it necessary or desirable:
(a)  to make more detailed provision with respect to development to achieve the purpose of an environmental planning instrument applying to the land concerned, or
(b)  .........
(c)  .........
(d) ..........
(2)  ..............
(3)  ..............
(4)  A development control plan may amend, substitute or revoke another development control plan.
(5)  A provision of a development control plan (whenever made) has no effect to the extent that:
(a)  it is the same or substantially the same as the provision of an environmental planning instrument applying to the same land, or
(b)  it is inconsistent with a provision of any such instrument or its application prevents compliance with a provision of any such instrument."

• Zone No. 3(b) City Centre Business Zone; and
• Zone No. 3(d) City Centre Commercial Core Zone.

• replacing existing height in storeys for each city centre block and lot with the adopted building heights in storeys from the Draft HCCLEP;
• replacing existing floor space ratio controls for each city centre block and lot with the adopted floor space ratios from the Draft HCCLEP;
• inserting pre-lodgement requirements to ensure compliance and high quality design outcomes;
• deleting building envelope drawings which no longer relate to new height controls. These may be retained as an appendix for historic and as indicative footprints as a guide to future development;
• inserting provisions for active street frontages and supporting map;
• inserting requirements for development assessment, referral to Sydney Airport authorities and consideration of variations;
• inserting appropriate text changes to overcome any inconsistencies; and
• minor formatting, page numbering and setting out changes to accommodate amendments.

1. Preparation of an amended Draft DCP - see Attachment 1
2. Council consideration of the proposal, its consistency with planning requirements and consequences - see this report;
3. A decision by Council on the proposal and if supported, subject to any amendments suggested by Council, to exhibit the amended Draft DCP - exhibition set by statute for minimum 28 days;
4. Following exhibition, Council consideration of a report on submissions and if supported, a resolution to adopt the amended DCP; and
5. Public notification of the new DCP for the City Centre coming into effect.

THAT a further report on submissions received be submitted to Council after the exhibition.

THAT the Department of Planning and Infrastructure, Roads and Maritime Services, Transport for NSW, Sydney Water, Civil Aviation Authority and Sydney Airport authorities be advised of Council's decision.

FURTHER THAT Council agree the Director Planning & Development may make minor modifications to any numerical, typographical, interpretation and formatting errors, if required, prior to the public exhibition of the draft Hurstville City Centre DCP No. 2.

CCL231-12	2011/12 SYDNEY CRICKET ASSOCIATION INC TORO FIRST GRADE GROUND OF THE YEAR COMPETITION
Report Author/s	Manager Engineering Services, Mrs M Whitehurst
File	10/54
Reason for Report	For approval
Existing Policy?	No	New Policy Required?	No
Financial Implications	Nil
Previous Reports Referenced	No

EXECUTIVE SUMMARY

This report is presented to inform Council that Hurstville Oval has been awarded 3rd Place in the Sydney Cricket Association Inc Toro First Grade Ground of the Year competition.



AUTHOR RECOMMENDATION

THAT Council make an ex-gratia payment to Mr Lewis to the amount of $500 awarded to him by the Sydney Cricket Association Inc.

FURTHER THAT Council congratulate the Hurstville Oval Ground Staff for their achievement in gaining 3rd Place in Toro First Grade "Ground of the Year" Competition.



REPORT DETAIL

The sydney Cricket Association Inc Toro First Grade Ground of the Year competition awards are made to acknowledge the important contribution of groundstaff to the success of the Grade competitions, with officiating umpires assessing every ground on every match day during the season. This year, the following results have been achieved:

* 1st place = Waverley Oval (total points 208.50 average points 8.98)
* 2nd place = Bankstown Oval (total points 200.90 average points 8.78)
* 3rd place = Hurstville Oval (total points 200.70 average points 9.15)

"We refer to your email regarding the receipt of two awards given by the NSW Cricket Association for Ground of the Year and Most Improved Ground of the Year to Hurstville Oval. Council's Hurstville Oval Superintendent, Adam Lewis, received these awards which, we infer, included cheques made out to him personally.

Mr Lewis has signed over and forwarded the cheque to Council. Council may wish to make an ex gratia/bonus payment to Mr Lewis in the amount equal to the award monies.

We have reviewed the Independent Commission Against Corruption Act 1988 (the ICAC Act"), the Local Government Act 1993 (the "LGA") and Council's Code of Conduct ("Code"). Mr Lewis has acted strictly in accordance with the legislation and Code. It was in his capacity as an officer and agent of Council that he conducted his duties in such a manner as to receive these awards. In accordance with paragraph 6 of the Code he declared a gift that was offered.

We do not consider that if Council were to offer Mr Lewis an ex gratia payment that this could be considered corrupt conduct on Council's behalf.

"Corrupt conduct" is defined in Section 8 of ICAC Act as including but not limited to:

"(1)(a) any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the honest or impartial exercise of official functions by any public official, any group or body of public officials or any public authority, or

(b) any conduct of a public official that constitutes or involves the dishonest or partial exercise of any of his or her official functions,...."
Under Section 8(2)

"Corrupt conduct" is also "any conduct of any person (whether or no a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the exercise of official functions by any public official, any group of public officials or any public authority and which could involve", for example, "treating".

In instances where a Council officer has carried out his duties in such a manner as to bring commendation to Council, we do not think that to provide a bonus or reward would be considered "treating" within that definition. Neither do we consider it to be "serious corrupt conduct" as defined in section 440A of LGA.

Should Council be concerned with any possible repercussions in making this bonus or payment, we recommend that the circumstances of the receiving of the award and the decision of Council to reward Mr Lewis' hard work be publicly acknowledged. Council however may like to formulate a policy, in order to provide guidelines for other Council officers, which sets out circumstances of when ex gratia payments may be made by Council to staff who excel in their duties."

CCL232-12	THE AVENUE ROAD UNDERPASS, HURSTVILLE - TRANSFER OF LAND FROM RAILCORP TO HURSTVILLE CITY COUNCIL
Report Author/s	Manager Infrastructure Planning, Mr O Wijayaratna
File	08/1889
Reason for Report	For approval
Existing Policy?	No	New Policy Required?	No
Financial Implications	Nil
Previous Reports Referenced	No

EXECUTIVE SUMMARY

RailCorp has made representations to Council proposing to officially transfer the titles of the land (public road) between Treacy Street and the Road Underpass across rail corridor at The Avenue to Council as a public road.


AUTHOR RECOMMENDATION

THAT Council accept the RailCorp’s proposal to transfer the titles of the land (public road) between Treacy Street and the Road Underpass across rail corridor at The Avenue to Council as a public road at no cost to Council.

THAT an acknowledgement letter be sent to RailCorp accepting the abovementioned land as a public road under Hurstville City Council’s care and control.

FURTHER THAT the General Manager be authorised to sign the transfer documents on behalf of Council.


REPORT DETAIL

It has been revealed that the section of the public road between Treacy Street and the Road Underpass across rail corridor at The Avenue is owned by the State Rail Authority of New South Wales (RailCorp).

RailCorp has advised Council the subject land was dedicated to Hurstville City Council by an Act of Parliament in 1909; however the dedication has never been registered at the Land & Property Information Office.

The Registrar General of Land & Property Information has advised that to create the above dedication official, RailCorp are required to lodge a request (under Form 11R) to the Land & Property Information Office to transfer titles of this land in the name of Hurstville City Council as a public road. The Land & Property Information Office also requires an acknowledgement letter from Council accepting the land as a public road under the Council’s care and control.

Accordingly, RailCorp has written to Council proposing to officially transfer the titles of the subject land to Council as a public road.


RESOLUTION - CCL

THAT Council accept the RailCorp’s proposal to transfer the titles of the land (public road) between Treacy Street and the Road Underpass across rail corridor at The Avenue to Council as a public road at no cost to Council.

THAT an acknowledgement letter be sent to RailCorp accepting the abovementioned land as a public road under Hurstville City Council’s care and control.

FURTHER THAT the General Manager be authorised to sign the transfer documents on behalf of Council.

CCL233-12	INVITATION - RED SHIELD APPEAL CHARITY FUNDRAISER
Report Author/s	Manager Corporate Governance & Records, Mrs K Garske
File	10/2339
Reason for Report	For consideration
Existing Policy?	Yes	New Policy Required?	No
Financial Implications	Yes, within existing program budget
Previous Reports Referenced	No

EXECUTIVE SUMMARY

His Worship the Mayor, Councillor S McMahon has received an invitation on behalf of Hurstville City Council to attend a Salvation Army "Red Shield Appeal" Charity Fundraising Event on Friday 20th July 2012.


AUTHOR RECOMMENDATION

For Council consideration.


REPORT DETAIL

On the 23rd May 2012, His Worship the Mayor, Councillor S McMahon has received an invitation by email inviting Hurstville City Council to support a Salvation Army "Red Shield Appeal" Charity Fundraising Event on Friday 20th July 2012 through the purchase of ticket/s to the event. The promotional flyer for the event is attached.

It is noted that a similar event is held annually by the local Salvation Army zone, and Hurstville City Council supported last year's event, a Fundraising Breakfast. Tickets are $97.00 each or a table can be purchased for $970. At the time of preparing the report, the current budget of $10,000 for Members Community & Charitable Events, has a remaining balance of $6,479.

Should Council adopt support for the event, interested Councillors will need to contact the Executive Assistant, Ms R Lane who will confirm arrangements.


RESOLUTION - CCL

THAT Council purchases a table for the event.

CCL234-12	OUTSTANDING QUESTIONS WITH NOTICE
Report Author/s	Manager Corporate Governance & Records, Mrs K Garske
File	09/1229

EXECUTIVE SUMMARY

To update Councillors on the status of Questions With Notice raised at previous Council meetings.


AUTHOR RECOMMENDATION

THAT the information be received and noted.


REPORT DETAILS

The Outstanding Questions With Notice report is now submitted as an appendix for the information of Councillors.


RESOLUTION - CCL

THAT the information be received and noted.

CCL235-12	WEBBS DAM TENDER ASSESSMENT
Report Author/s	Manager Contracts, Ms S Geadah & Environmental Sustainability Coordinator, Miss N Boyd
File	12/850
Reason for Report
Existing Policy?		New Policy Required?
Financial Implications
Previous Reports Referenced

AUTHOR RECOMMENDATION

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matter dealt with in this report is to be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A(2)(d) it is considered the matter concerns commercial information of a confidential nature that would if disclosed
- prejudice the position of a person who supplied it, or
- confer commercial advantage on a competitor of the council.

THAT in accordance with Section 10D, it is considered, that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it could jeopardise future submissions of detailed information about pricing and operations (and therefore adequate assessments) if tenderers understood that it was Council’s practice to release such commercial information of a confidential nature included in tender submissions.

FURTHER, THAT in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to this matter be withheld from the press and public.


RESOLUTION - CCL

THAT in accordance with the provisions of Part 1 of Chapter 4 of the Local Government Act 1993, the matter dealt with in this report is to be considered in closed Council Meeting (Committee of the Whole) at which the press and public are excluded. In accordance with Section 10A(2)(d) it is considered the matter concerns commercial information of a confidential nature that would if disclosed
- prejudice the position of a person who supplied it, or
- confer commercial advantage on a competitor of the council.

THAT in accordance with Section 10D, it is considered, that if the matter were discussed in an open Council Meeting, it would on balance, be contrary to the public interest as it could jeopardise future submissions of detailed information about pricing and operations (and therefore adequate assessments) if tenderers understood that it was Council’s practice to release such commercial information of a confidential nature included in tender submissions.

FURTHER, THAT in accordance with the provisions of Section 11(2) of the Act, the reports and correspondence relating to this matter be withheld from the press and public.

QWN027-12	LEGAL ADVICE USED TO ANSWER RESCISSION MOTION QUESTION IN RELATION TO 8 CROFTS AVENUE, HURSTVILLE
Author/s	Councillor W Pickering
File	09/1229

COUNCILLOR QUESTION

To the General Manager Mr. Lampe, If the rescission motion in question for 8 Crofts Avenue was submitted using the correct procedure as outlined under the Council's Code of Meeting Practice and the Code of Conduct :

a) Why then did you consider it necessary to seek legal advice in relation to it outside of Council? and,

b) Why wasn't the Council's Ombudsman who is Council's appointed arbiter on the Council's Code of Meeting Practice and the Code of Conduct involved in ajudicating on this matter?

c) At which future Council Meeting will a transcript of this legal advice be presented to Council for perusal by all Councillors outlining all legal costs passed on to Hurstville ratepayers?


OFFICER RESPONSE




COUNCILLOR BACKGROUND

At the previous May full Meeting of Council I finally received a (YES) answer from the General Manager to my question with notice of` 'Was legal advice sought by yourself outside Council in reference to the Rescission Motion for 8 Crofts Avenue ?" Unfortunately the Mayor Cr. McMahon prevented me from asking any supplementary questions on that evening to the simple (YES) that I received and that is why these questions with notice are now being asked!


RESPONSE - CCL

QWN028-12	SENIOR STAFF REMUNERATION
Author/s	Councillor A Wagstaff
File	09/1229

COUNCILLOR QUESTION

According to Clause 217 (1) (b) of the Local Government (General) Regulation 2005, an annual report of a council is to include specific information in relation to senior staff remuneration, such as the total remuneration package, the salary component, any bonus or performance payments, Council’s contribution to superannuation, non-cash benefits and FBT payable by council on non-cash benefits.

I note however Council provided only the total remuneration package of the General Manager and each of the Directors when reporting on senior staff remuneration in the Annual Report 2010-2011.

Accordingly, could a report please be submitted to council on the individual remuneration paid to each senior staff member in 2010/11, showing details such as the:
• Total remuneration package,
• Total value of the salary component of the package,
• Total amount of any bonus payments, performance payments or other payments made that do not form part of that package,
• Total amount payable by Council by way of the employer's contribution or salary sacrifice to any superannuation scheme to which the staff member may be a contributor,
• Total value of any non-cash benefits for which the member may elect under the package and
• Total amount payable by the council by way of fringe benefits tax for any such non-cash benefits?

Further, could such information please be included in Council’s Annual Report 2011-2012, as required by the legislation?


OFFICER RESPONSE




COUNCILLOR BACKGROUND

Clause 217 (1) of the Local Government (General) Regulation 2005 states:
For the purposes of section 428 (2) (r) of the Act, an annual report of a council is to include the following information:

(b) a statement of the total remuneration comprised in the remuneration package of each senior staff member employed during the year that is to include, for each such member, the total of the following:
(i) the total value of the salary component of the package,
(ii) the total amount of any bonus payments, performance payments or other payments made to the member that do not form part of the salary component of the member's package,
(iii) the total amount payable by the council by way of the employer's contribution or salary sacrifice to any superannuation scheme to which the member may be a contributor,
(iv) the total value of any non-cash benefits for which the member may elect under the package,
(v) the total amount payable by the council by way of fringe benefits tax for any such non-cash benefits


RESPONSE - CCL

QWN029-12	RESPONSE TIME ON CORRESPONDENCE IN 2010-2011
Author/s	Councillor A Wagstaff
File	09/1229

COUNCILLOR QUESTION

Could I please be advised the % of correspondence that was completed within 21 days for each quarter in 2010-2011?

I note such statistics were included in Council’s Annual Report 2009-2010 but were not included in Council’s Annual Report 2010-2011.


OFFICER RESPONSE




COUNCILLOR BACKGROUND

In relation to Council’s Key Performance Indicator, “Meet Customer Satisfaction Charter standards, including response time on correspondence, customer requests and phone answering statistics”, the following comments were provided:

• “In 2009/10, 395 correspondence letters and emails were issued to customer service. Over the four quarters 98%, 85%, 85% and 93% of the correspondence completed within the agreed times respectively” in Council’s Annual Report 2009-2010
• "Customer Service requests were resolved with 73% “overall satisfaction” level according to customer surveys. Telephone answering statistics are above industry standards.” in Council’s Annual Report 2010-2011.

QWN030-12	STAFFING PROFILE
Author/s	Councillor A Wagstaff
File	09/1229

COUNCILLOR QUESTION

Would Council please provide details of the staffing resources available to deliver the works and services identified in the Operational Plan 2012/13, based on equivalent full-time employment (EFTs), including permanent full-time and part-time staff and excluding temporary and casual appointments, in such areas as:

• General Manager’s Office
• Group Managers
• Strategic Planning / Community Services
• Building Services
• Development Services
• Public and Environmental Health
• Regulatory Support
• Asset Management
• Engineering Works
• Open Spaces and Reserves
• Waste Management
• Engineering Support
• Administrative Services
• Financial Services
• Information Services
• Human Resources and Risk
• Commercial Services?

Further, what are the total estimated salaries and wages, including oncosts for 2012/13?


OFFICER RESPONSE




COUNCILLOR BACKGROUND




RESPONSE - CCL