ordinary meeting no. 4243 · 2020. 12. 22. · 4243 – 25 february 2008 index a – confirmation...

Ordinary Meeting No. 4243 25 February 2008 at 7.30pm

Hunter ’s H i l l C ounc i l

ORDER OF BUSINESS

Prayer Attendance, Apologies, Declarations of Interests A Confirmation of Minutes Civic Ceremonies B Mayoral Minutes & Reports Tabling of Petitions Addresses from the Public C Notice of Motions

(including Rescission Motions) Reports from Staff D Development & Environment E Public Works & Infrastructure F Finance & Administration G Customer & Community Services H General Manager J Committees K Correspondence L Delegates Reports M General Business N Questions With or Without Notice Z Council in Committee of the Whole

HUNTER’S HILL COUNCIL ORDINARY MEETING OF COUNCIL

4243 – 25 February 2008

INDEX A – CONFIRMATION OF MINUTES

1. Confirmation of Minutes of Ordinary Meeting 4242 held 11 February 2008 ........ 1

B – MAYORAL MINUTES & REPORTS

1. Australia Day Duck Race - Presentation of Cheque to Camp Quality ................... 1 2. Thanksgiving Service – 100 Years of Marist Sisters in Australia ........................... 2

D – DEVELOPMENT & ENVIRONMENT

1. 39 Bonnefin Road, Hunters Hill ................................................................................. 1 2. 9 Collingwood Street, Hunters Hill .......................................................................... 15 3. 95A Pittwater Road, Hunters Hill ............................................................................. 33 4. 17A Wybalena Road, Hunters Hill .......................................................................... 40 5. 9 North Parade, Hunters Hill .................................................................................... 51 6. Trees (Disputes between Neighbours) Bill 2006 ................................................... 69 7. Comprehensive Environmental Plan for Hunters Hill ............................................ 71 8. Delegated Authority .................................................................................................. 73

E – PUBLIC WORKS & INFRASTRUCTURE

1. Tree Preservation Order – Approvals/Refusals ....................................................... 1 2. Bus Shelter – 51 Ryde Road, Hunters Hill .............................................................. 3 3. Sustainability Plan ..................................................................................................... 5

F – FINANCE & ADMINISTRATION

1. Summary of Council’s Investments for January 2008 ............................................ 1

J – COMMITTEES

1. General Purpose Committee Inspections held 11 February 2008 ......................... 1 2. Minutes of the Conservation Advisory Panel Meeting held 19 December 2007 ... 2 3. Minutes of the Hunters Hill Art & Craft Advisory Committee Meeting held 5 February 2008 .................................................................................................. 8 4. Minutes of the Public Transport & Traffic Advisory Committee Meeting held 19 February 2008 ...................................................................................................... 11 5. Minutes of the Hunters Hill Access Advisory Committee Meeting held 14 February 2008.............................................................................................. 16 6 Minutes of the Hunters Hill Senior Support Group Meeting held

18 February 2008 ..................................................................................................... 21 K – CORRESPONDENCE 1. 1. Letter From Clr Ezzy – Flood Mitigation Program

2. Letter of Thanks – Ms Betty Benjamin. 3. Letter of Thanks – Hunters Hill Bridge Club ...................................................................1

-2-

L – DELEGATES REPORT

1. Sydney Airport Community Forum (SACF) – Meeting held 15 February 2008 .... 1

M – GENERAL BUSINESS

1. Meetings – Various Committees of Council ............................................................. 1

A

Confirmation Of Minutes

A – Confirmation Of Minutes

4243 – 25 February 2008

Index 1. Confirmation of Minutes of Ordinary Meeting 4242 held 11 February 2008 1 ……………………………………… .. .................................….. Councillor Susan Hoopmann Barry Smith MAYOR GENERAL MANAGER

MINUTES OF ORDINARY MEETING NO.4242 – 11 February 2008 A1

Minutes of the Ordinary Meeting No. 4242 held on 11 February 2007. This is page

COMMENCEMENT The meeting opened with Prayer at 7.33pm. IN ATTENDANCE The Mayor Councillor Susan Hoopmann, Deputy Mayor Councillor Simon Frame, Councillors Peter Astridge, Annabel Croll, Richard Quinn and Ross Sheerin. ALSO PRESENT The General Manager Barry Smith, the Manager Public Works and Infrastructure David Innes, the Manager Finance and Administration Debra McFadyen, the Manager Development and Environment Steve Kourepis and Trainee Administration Officer Jessica Quilty. APOLOGIES Apologies were received from Clr Jason Lin. 01/08 RESOLVED on the motion of Clr Astridge, seconded Clr Croll that the apologies from

Councillor Lin be accepted. DECLARATIONS OF INTEREST

Manager Development and Environment, Steve Kourepis, declared a non-pecuniary interest in Item D9 – 161 Victoria Road, Gladesville the interest being in relation to the applicant being a personal friend

CONFIRMATION OF MINUTES 02/08 RESOLVED on the motion of Clr Astridge, seconded Clr Croll that the Minutes of

Ordinary Meeting No.4241 held 10 December 2007 be confirmed, subject to an amendment to Item D3, Minute No. 533/07, DA NO.01/1023-2 – 69 Woolwich Road, Hunters Hill to read:

Item D3, Development Application No.01/1023-2 for the new dwelling with garage

(S96 modification for an increase in height of the front fence) at No.69 Woolwich Road, Hunters Hill be approved.

MAYORAL MINUTES & REPORTS (Pages B1 – B5) 1. HUNTERS HILL AUSTRALIA DAY AWARDS 03/08 RESOLVED on the motion of Clr Quinn, seconded Clr Astridge that the

congratulations of the Council and staff for the 2008 Hunters Hill Citizens of the Year nominees be recorded in the Minutes and that the report be received and noted.



2. AUSTRALIA DAY CELEBRATIONS 04/08 RESOLVED on the motion of Clr Frame, seconded Clr Astridge that:

1. The report be received and noted.

2. Council record the appreciation for the assistance of:

Mr. Bryce Courtenay AM - Australia Day Ambassador. Mr. Geoffrey Chard AM for his beautiful rendition of the National Anthem. Councillor Richard Quinn – Master of Ceremonies. Councillor Peter Astridge – Photographer and Judge. Mr. Ian Cox and Mr. Dean Breccia for their dedication to Council events providing Musical accompaniment and song. Mr. Barry Smith – General Manager Hunter’s Hill Council. D Platoon of the Gladesville Fire Brigade. Hunters Hill SES. St. John Ambulance. 1st Hunters Hill and 1st Boronia Park Scouts under the leadership of Carl Spinks, Tony Atkinson and Philip Davidson. Hunters Hill Rotary. The Hunters Hill Event Committee. Council staff and everyone who participated or who, by their attendance as spectators, contributed to the success of this event.

REPORTS FROM STAFF DEVELOPMENT & ENVIRONMENT (Pages D1 – D113) 1. DA NO.07/1126 – 12 MILLING STREET, HUNTERS HILL 05/08 RESOLVED on the motion of Clr Astridge, seconded Clr Frame that Development

Application No. 07/1126 for the demolition of the existing dwelling and the erection of a single-storey and part two-storey dwelling with attached garage, carport and swimming pool at No.12 Milling Street, Hunters Hill, be approved, subject to the following conditions:

Special Conditions:

1. Plans prepared by Graeme Scott Architect, drawing numbers 23305 KK00 to KK04 dated July 2007 and landscape plan prepared by Phil Packham Landscape Design unnumbered and dated 8 January 2007, Elizabeth May, all as received by Council on 6 September 2007, except where amended by conditions of this approval.

2. Substitute the planting of Elaeocarpus reticulatus (Blueberry Ash) with a

species not featured on Council’s Weed Register. Species including Hymenosporum flavum (Native Frangipani) and Cupaniopsis anacardioides (Tuckeroo) are considered suitable alternatives.

3. Provide additional screening adjacent to the proposed garage. Such screen planting should be capable of being maintained to a minimum mature height of 2.5 metres. Many of the smaller Lillypillys are excellently suited for use as an evergreen hedge in the Sydney region,



including Acmena smithii ‘Minor’, Syzygium luehmanni ‘Aussie Southern’ and Syzygium ‘Aussie Compact’.

4. Prior to the issue of a Construction Certificate, a revised stormwater storage

and disposal plan being submitted to the Principal Certifying Authority for approval. The following issues to be addressed with reference to Council’s DCP No.25.

a) References to OSD being removed from the stormwater details because there is no apparent discharge to Council’s system and absorption trenching, although acceptable in principle is not compatible with OSD as surcharge from a full tank will affect downstream private property, not Council’s system, if trenches are inadequate.

b) The stormwater trenching (3 x rows) indicated is set too close

together. Provide copies of manufacturers specifications. c) A geotechnical report being prepared showing the suitability or

otherwise of the soil structure in the rear garden to accept the trenching system.

5. Heavy haulage vehicles to travel via Milling Street to Pittwater Road, when

laden. 6. The rainwater tank not being connected to the mains water for ‘topping up’

purposes.

7. For the purpose of residential amenity, any motor pump for the use with the rainwater tank and the swimming pool being housed in a sound attenuating enclosure such that the noise emanating from such equipment is not in excess of the ambient background sound level.

8. The finished surface materials and colours being provided in accordance

with the colour board as submitted to Council on 6 September 2007 with the development application.

9. No articulated vehicles being used for heavy haulage during excavation or

other phases of construction.

Reason: Narrow roadways, tight corners.

10. No skip bins being placed on Council footpath or public road.

11. Overnight or daytime placement of building materials and equipment on Council property is prohibited.

Reason: Public amenity and safety.

Standard Conditions:

A1, A4 to A9, B1, B7 ($5,250), C1 to C5, C12, C19, C31 to C34, C40 to C42, C44, D1, D2, D4, D8, D10, PE4, S1, S7, SP2 - SP9, SP12, SP14, SP16, SP18, SP19, W1.



2. DA NO.07/1104 – 13 EVERARD STREET, HUNTERS HILL 06/08 RESOLVED on the motion of Clr Frame, seconded Clr Astridge that Development

Application No.07/1104 for the demolition of the existing dwelling and the erection of a two-storey dwelling with integral garage, front fence, stormwater tank and landscaping at No.13 Everard Street, Hunters Hill, be approved, subject to the following conditions.

Special Conditions: 1. The development being carried out in accordance with plans prepared by

Sarpel Homes, drawing numbers 201 sheet 1a and 1 to 8 dated 18 January 2008 (issue E) and 25 August 2007, all as received by Council on 18 January 2008 and landscape plans prepared by TGS Landscape Architects, Drawing No. 2007.0603DA1 dated 18 June 2007, as received by Council on 6 August 2007, except where amended by conditions of this approval.

2. Prior to the issue of a Construction Certificate, the following details on

stormwater disposal being provided to Council for approval. Detail on existence of any pipe in the easement running from No.13 through Nos. 11 and 9 to the Council pipe.

Note: This is not a Council easement.

3. Should the applicant wish to exercise right of drainage and construct a pipeline through the easement, a concept work plan with signatures from owners of Nos. 9 and 11 should be provided in this case.

4. Heavy haulage vehicles to travel via Everard Street to Pittwater Road,

when laden.

5. The rainwater tank not being connected to the mains water for ‘topping up’ purposes.

6. For the purpose of residential amenity, any motor pump that may be used

with the rainwater tank being housed in a sound attenuating enclosure such that the noise emanating from such equipment is not in excess of the ambient background sound level at the site boundaries.

7. The finished surface materials and colours being provided in accordance with the colour board as submitted to Council on 6 September 2007 with the development application.

8. No articulated vehicles being used for heavy haulage during excavation or

other phases of construction. Reason: Narrow roadways, tight corners.

9. No skip bins being placed on Council footpath or public road.

10. Overnight or daytime placement of building materials and equipment on

Council property is prohibited.

Reason: Public amenity and safety.



11. Substitute the proposed planting of Elaeocarpus reticulatus (Blueberry Ash)

for another tree species capable of reaching a mature height of 10m. Species including Hymenosporum flavflavum (Native Frangipani) and Cupaniopsis anacardioides (Tuckeroo) are considered suitable alternatives.

12. Engage the services of a qualified and experienced arborist with a minimum qualification (using the Australian Qualification Framework) of NSW Level 4 or above in Arboriculture. The arborist shall set out protection measures for the Cupressus hedge and any other trees likely to be impacted by the development.

13. Tree protection measures shall be implemented prior to any demolition,

excavation or construction works commencing on the site. The arborist shall also inspect the site at regular intervals throughout the development period to ensure the specifications for tree protection are maintained. A site log shall record the details of these inspections.

14. The air conditioning equipment being acoustically treated in such a way

that the noise emitted does not exceed 5dBA at the boundaries of the site at any time.

15. The window to the upper level bathroom on the north-west elevation having

a minimum sill height of 1.5 metres above floor level. 16. The rainwater tank not being able to be topped up using the Sydney

Water’s mains water supply system.

Standard Conditions:

A1, A4 to A9, B1, B7 ($5,250), C1 to C5, C12, C19, C31 to C34, C40 to C42, C44, D1, D2, D4, D8, D10, PE4, S1, S7, SP2 - SP9, SP12, SP14, SP16, SP18, SP19, W1.

3. DA NO.07/1064 – 46 HUNTLEYS POINT ROAD, HUNTLEYS POINT 07/08 RESOLVED on the motion of Clr Astridge, seconded Clr Croll that:

A. Council as the consent authority is satisfied that the objection submitted under State Environmental Planning Policy No.1 – Development Standards to the height of the rear dwelling is well founded in the circumstances of the case.

B. Development Application No.07/1064 for the demolition of the existing dwelling and erection of two (2) new two (2) storey dwellings as an integrated housing development at No.46 Huntleys Point Road, Huntleys Point, be approved subject to the following conditions.

Special Conditions:

1. The development being carried out in accordance with plans prepared by Luigi

Rosselli Pty Ltd, Drawing Nos.0614/1B to 10B, 5PB dated June 2006 and October 2007 as received on 4 December 2007 and landscape plans prepared by Balzac Landscape Designs drawing 1 issue A dated 27 August 2007



Drawing Nos.07-0014-01 A to 04 A dated 11 May 2007, as received by Council on 18 October 2007, except where amended by the conditions of this consent.

2. The finished surface materials being provided and utilised in accordance with the schedule of external finishes as prepared by Luigi Rosselli Pty Ltd on Drawing No. 0617FB dated June 2007, as received by Council on 29 May 2007, except where amended by the conditions as set out in this consent.

3. Compliance with the recommendations as set out in the report prepared by Botanics, Tree Wise People Pty Ltd, entitled “Tree Condition Report and Management Plan”, as received on 29 May 2007.

4. Heavy haulage vehicles used in demolition or excavation to access the site

from the Keeyuga Road frontage.

Reason: Narrow roadway and tight corners, irregular parking in Huntleys Point Road.

5. Roof stormwater storage and disposal to be done in general accordance

with Stormwater Concept Plan, Drawing 0617/SP. Where possible hard paved areas should drain off into landscape areas for absorption.

6. Prior to excavation beyond the property boundary for any reason, Council

road opening fee and restoration charges being paid. 7. Prior to construction of driveway crossovers, Driveway Supervision Fees

being paid and Council Engineer notified prior to excavation.

Note: The submitted plans note the garage floor levels higher than the public footpath.

8. Dilapidation reports being prepared and certified by a practicing structural engineer on the current state of the adjoining dwellings at Nos. 44 and 48 Huntleys Point Road. Such reports shall be completed and submitted to Council prior to the commencement of any excavation or construction work. Upon completion of the approved building works, second dilapidation reports are to be carried out on the last-mentioned buildings. The applicant is to pay for the cost of the above-mentioned reports.

9. An advanced additional ‘canopy’ tree with a maturity height of 12m being

planted on the site between the two houses and included in the landscape plan prior to the issue of the Construction Certificate.

10. The noise from the pumps for the rainwater tanks and the external gas furnaces being muffled such that there will be no increase in noise on the boundaries above current ambient noise levels at anytime.

11. The rainwater tanks not being connected to the mains water system for

topping up purposes.

12. If new retaining walls are proposed within the site and they are not covered under exempt development conditions for Council and are not covered under exempt development provisions, a section 96 application will have to be submitted to Council to modify the development approval accordingly.



Standard Conditions: A1, A3 ($7,156), A4 to A9, B1, B7 ($7,700), C1 to C5, C12, C19, C31 to C34, C40, C42, C44, D1, D2, L4, S1, SP2 to SP10, SP16, SP18, SP19, W1.

4. DA NO.07/1121 – 26 AVENUE ROAD, HUNTERS HILL

Mr. Duncan Sanby requested permission to address the meeting. 08/08 RESOLVED on the motion of Clr Quinn, seconded Clr Sheerin that Mr Sanby be

permitted to address Council. 09/08 RESOLVED on the motion of Clr Frame, seconded Clr Astridge that:

A. Council, as the consent authority, is satisfied that the objection under State

Environmental Planning Policy No.1 to vary the garden area requirements of clause 16A of the Hunters Hill Local Environmental Plan No.1 is well founded under the circumstances of the case and is consistent with the aims of the Policy.

B. Development consent No.07/1121 for partial demolition and alterations and

additions to the dwelling house plus rainwater tanks at No.26 Avenue Road, Hunters Hill be approved subject to the following conditions.

Special Conditions:

1. The development being carried out in accordance with plans prepared by Utz-

Sanby Architects Drawing Nos. 0704 101 to 103 and 110 dated 26 July and 17 August 2007 as received by Council on 3 September 2007, and Drawing No. 290 dated 13 November 2007 as received by Council on 15 November 2007, except where amended by the conditions of this consent.

2. The landscaping being carried out in accordance with the plans prepared by William Dangar & Associates Drawing No. 01 issue B dated July 2007 as received by Council on 3 September 2007, except where amended by the conditions of this consent.

3. The provision of tree protection measures specific for the subject site and any trees on the neighbouring properties that may be affected by the proposed development (including the Lilllypilly hedge on the neighbouring property to the north, adjacent to the proposed driveway), prior to the release of the Construction Certificate. The tree protection measures being prepared by an arborist with a minimum qualification (using the Australian Qualifications Framework) of NSW Level 4 or above in Arboriculture. The tree protection measures being implemented prior to any demolition, excavation or construction works commencing on site. The arborist also inspecting the site at regular intervals throughout the development period to ensure the specifications are maintained. A site log being kept to record the details of these inspections.

4. A revised stormwater plan being submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate giving details of the means of draining stormwater from the garage gutter to the rainwater tanks and silt trap pit being constructed at points (8) and (16), or thereabouts, and a 90mm UPVC line to run in a straight line from each to an outlet in Council’s kerb.



5. The rainwater tanks not being connected to the mains water supply for ‘topping up’ purposes.

6. Any pump or pumps associated with the rainwater tanks being properly acoustically treated such that the noise on the boundaries does not exceed the ambient noise levels at any time.

7. Prior to excavation or construction beyond the property boundary for any reason, road opening and restoration charges being paid and Council notified.

8. The historical Survey Benchmark 1420 on the stone wall towards the north-east boundary being protected during works. Council being notified if the sandstone is required to be temporarily moved during any works.

Standard conditions:

A1, A4-A9, B1, B7 ($4,259.28), C1-C5, C18, C19, C31-C34, C40, C44, C45, D1, FS2, H1, S1, W1.

5. DA NO.07/1160 – 45 THE POINT ROAD, WOOLWICH

SUSPENSION OF STANDING ORDERS 10/08 RESOLVED on the motion of Clr Astridge, seconded Clr Sheerin that at 7.45pm,

Standing Orders be suspended to allow Councillors to view plans.

RESUMPTION OF STANDING ORDERS 11/08 RESOLVED on the motion of Clr Astridge, seconded Clr Sheerin that at 7.50pm,

Standing Orders be resumed. 12/08 RESOLVED on the motion of Clr Sheerin, seconded Clr Quinn that:

A. Council as the consent authority being satisfied that the objection under State Environmental Planning Policy No.1 to vary the height provisions under Clause 15, of the Hunters Hill Local Environmental Plan No.1 is well founded.

B. Council as the consent authority being satisfied that the objection under

State Environmental Planning Policy No.1 to vary the garden area provisions under Clause 16A, of the Hunters Hill Local Environmental Plan No.1 is well founded.

C. Development Application No.07/1160 for the removal of existing walls,

windows, doors and replace with new and minor internal works at No.45 The Point Road, Woolwich, be approved subject to the following conditions.

Special Conditions:

1. Pursuant to the provisions of the Environmental Planning & Assessment Act 1979 this approval shall lapse and be void if the building work or use to which it refers is not substantially commenced within two (2) years after the date of approval.



2. The development consent No.07/1160 relates to the plans prepared by Karl Romandi & Helen De Luis Architects, numbered 709-5, 709-6, 709-7, 709-8, 709-9, 709-10, 709-11, 709-12, 709-13, dated October 2007.

3. That in the event of the lease agreement of the Mount Morris Street portion lapsing or being terminated by Council the proposed entry structure is to be removed from Council’s land.

4. That the proposed garage door providing access to The Point Road (western side) is to be painted in a dark and recessive earthy tone/colour. Details to be provided prior to the issue of the Construction Certificate.

Standard Conditions: A4-A9, C1-C5, C14, C15, C35, C40-42, C44, D2, D13-D19, L2, L4, PE4, S1.

6. DA NO.07/1148 – 19 THE POINT ROAD, WOOLWICH 13/08 RESOLVED on the motion of Clr Frame, seconded Clr Quinn that Development

Application No.07/1148 for first floor additions and alterations at No.19 The Point Road, Woolwich, be approved, subject to the following conditions.

Special Conditions:

1. Pursuant to the provisions of the Environmental Planning & Assessment Act 1979 this approval shall lapse and be void if the building work or use to which it refers is not substantially commenced within two (2) years after the date of approval.

2. The development consent No.07/1148 relates to the plans prepared by House Plans by Design, numbered 3-10, 14, dated September 2007, and received by Council on 3 October 2007, schedule of colours and finishes prepared by House Plans by Design, received by Council on 3 October 2007.

3. That the proposed first floor bedroom No.2 window (western elevation) lower half be fixed and provided with obscured glazing. Amended plans are to be submitted prior to the issue of the Construction Certificate, reflecting this change.

4. That the proposed pool fencing is to be replaced with a minimalist wrought iron fence painted in a dark earthy recessive colour. Amended plans are to be submitted prior to the issue of the Construction Certificate.

5. Applicant to ensure existing and proposed downpipes connect to a functioning outlet to the river or street gutter. Council encourages the installation of roofwater storage tanks in conjunction with new house guttering and downpipe work. Landscape works to be carefully constructed in order to avoid discharge of concentrated surface stormwater flows onto adjoining properties.

Standard Conditions: A4-A9, B1, B7, C1-C5, C15, C16, C35, C40-C42, C44, D2, D13-D19, L2, PE4, S1, SP3, SP19



7. DA NO.07/1100 – 27 DICK STREET, HENLEY 14/08 RESOLVED on the motion of Clr Astridge, seconded Clr Frame that:

A. Council, as the consent authority, is satisfied that the objection under State Environmental Planning Policy No.1 to vary the garden area requirements of clause 16A of the Hunters Hill Local Environmental Plan No.1 is well founded under the circumstances of the case and is consistent with the aims of the Policy.

B. That development application No.07/1100 for alterations and additions to

the existing dwelling house including rainwater tanks at No.27 Dick Street, Henley be approved subject to the following conditions.

Special Conditions: 1. The development being carried out in accordance with plans prepared by Ergo

architecture & interiors Drawing Nos. 07CUN1 02B to 09B dated 12 December 2007, as received by Council on 18 December 2007 and landscape plan prepared by Kwak & Associates drawing No.DA-L101 revision B dated 10 July 2007, as received by Council on 20 July 2007, except where amended by the conditions of this consent.

2. The external materials and colours to be used in the development being in

accordance with the sample board prepared by Ergo Architecture & Interiors as received by Council on 20 July 2007.

3. The rainwater tanks not being connected to the mains water for ‘topping up’

purposes. 4. For the purpose of residential amenity, any motor pump for the use with the

rainwater tanks being housed in a sound attenuating enclosure such that the noise emanating from such equipment is not in excess of the ambient background sound level at the property boundaries.

5. A stormwater plan being submitted to the Principal Certifying Authority prior to

the issuing of a Construction Certificate giving details of the means of draining stormwater from the new works to the rainwater tanks and any overflow from the tanks.

6. The garage at the front of the site being properly protected and retained during

excavation / construction / building works on the site. This consent document cannot be construed as Council’s granting development consent for the demolition of the garage structure under any circumstance.

Standard conditions: A1, A4-A9, B1, B7 ($2,100), C1-C5, C19, C31-C34, C40, C44, D2, S1, W1.



8. DA NO.06/1165-1 – 2C MARGARET STREET, WOOLWICH

SUSPENSION OF STANDING ORDERS 15/08 RESOLVED on the motion of Clr Astridge, seconded Clr Croll that at 7.53pm,

Standing Orders be suspended to allow Councillors to view plans.

RESUMPTION OF STANDING ORDERS 16/08 RESOLVED on the motion of Clr Astridge, seconded Clr Croll that at 7.59pm,

Standing Orders be resumed. 17/08 RESOLVED on the motion of Clr Sheerin, seconded Clr Quinn that the application for

modification to the development consent based on Application No.06 /1165-1 for alterations and additions to the existing marina at No.2C Margaret Street, Woolwich, be approved and condition No.2 be amended as follows:

2. The development consent No.06/1165-1 relates to plans prepared by

Filmer Architects, Drawing Nos. 850/06 DA 01B and DA 02C as received by Council on 25 October 2007, except where amended by the conditions of this consent.

At 8:01pm the Manager Development and Environment, having declared an interest in the following matter left the meeting.

9. DA NO.04/1088-1 – 161 VICTORIA ROAD, GLADESVILLE 18/08 RESOLVED on the motion of Clr Quinn, seconded Clr Sheerin that the application to

modify development consent No.04/1088-1 for the construction of a commercial office development at No.161 Victoria Road, Gladesville, be approved and condition Nos.55 and 64 be amended as follows:

55. The payment to Council of a contribution for deficient car parking in

accordance with the provisions of Section 94 of the Environmental Planning and Assessment Act 1979 and Hunter’s Hill Council’s Section 94 Contributions Plan as adopted on the 23 June 2003 for provision and embellishment of car parking in the area. Such contribution is calculated as $162,710.00 and is to be paid prior to the issue of an Occupation Certificate. In the event that eleven (11) car stackers are installed in the car parking area of the development prior to the issue of an Occupation Certificate, no contribution will be required by Council and the Bank Guarantee and the Deed of Agreement currently held by Council will be returned to the applicant for cancellation on formal issue of the Occupation Certificate.

64. The development is to be carried out strictly in accordance with the

approved plans being plans numbered 03-120 2001, 03-120 2002, 03-120 2004, 03-120 3001, 03-120 3101, 03-120 3102, 03-120 5000 and 03-120 5002 drawn by GSA Architects, Issue 01, as amended by plans numbered 03-120 2001, 03-120 2002, 03-120 2003, 03-120 2004, 03-120 3001, 03-120 3101, 03-120 3102, all Issue 02 SECTION 96 dated 18 March 2005 and drawn by GSA Architects and as further amended by two (2) unnumbered plans and plan No.03-120 2003 issue H, as received by Council on 5 November 2007, except where amended by conditions of consent and that any reference to reconstituted gravel or



gravel absorbtive surface for the carpark on the approved plans being deleted.

At 8:06pm the Manager Development and Environment returned to the meeting prior to consideration of the following matter.

10. DA NO.07/1017-1 – 32 BATEMANS ROAD, GLADESVILLE 19/08 RESOLVED on the motion of Clr Frame, seconded Clr Quinn that pursuant to Section

96 (2) of the Environmental Planning and Assessment Act 1979, Development Application No.07/1017-1 for new pergola and deck at No.32 Batemans Road, Gladesville, be approved and condition No.2 be amended as follows:

2. The development consent No.07-1017 relates to the plans prepared by

Altis Architecture numbered A02 to A05 issue B dated 7 June 2007, as received by Council on 8 June 2007 and details of external colours as unnumbered plans prepared by Altis Architecture dated January 2007 and colour swatches as received by Council on 19 April 2007, as received by Council on 26 February 2007 (except as amended by conditions of consent). Amended plans prepared by Altis Architecture, numbered A01 and A02, issue C, A03 and A04, issue B, dated 16 July 2007, A05 issue A, dated 17 July 2007. Amended by plans prepared by Altis Architecture, numbered A02, issue D, dated 20 November 2007, A03, issue D, date stamped by Council on 23 November 2007.

11. DA NO.05/1033-1 – 15 BARONS CRESCENT, HUNTERS HILL 20/08 RESOLVED on the motion of Clr Astridge, seconded Clr Sheerin that pursuant to

Section 96 (1a) of the Environmental Planning and Assessment Act 1979, Development Application No.05/1033-1 for ground and first floor addition to front of dwelling at No.15 Barons Crescent, Hunters Hill, be approved and condition No.44 be amended as follows:

44. The development consent No.05/1033 relates to the plans prepared by

North Shore Building Design Group, Drawing No. Sheet 1 of 8, dated 28 September 2005, Sheet 4 of 8 to Sheet 8 of 8, dated 28 September 2005, and Schedule of colours and finishes by unknown author, undated, and received by Council on 11 March 2005. Amended by drawing prepared by North Shore Building Design Group, Drawing No.5 of 8 and 8 of 8, dated 28 September 2005 and received by Council on 15 November 2007.

12. LEGAL MATTERS 21/08 RESOLVED on the motion of Clr Sheerin, seconded Clr Astridge that the report be

received and noted. 13. DELEGATED AUTHORITY 22/08 RESOLVED on the motion of Clr Sheerin, seconded Clr Quinn that the report be

received and noted



PUBLIC WORKS & INFRASTRUCTURE (Pages E1) 1. SUSTAINABILITY & BIODIVERSITY ADVISORY COMMITTEE 23/08 RESOLVED on the motion of Clr Sheerin, seconded Clr Croll that:

1. The nomination from Louise Holt for community representative for the Sustainability and Biodiversity Advisory Committee be accepted.

2. That the accepted nomination be appointed as community representative and informed of her duty as a member of the Sustainability and Biodiversity Advisory Committee.

FINANCE & ADMINISTRATION (Pages F1 – F3) 1. SUMMARY OF COUNCIL’S INVESTMENTS FOR DECEMBER 2007

24/08 RESOLVED on the motion of Clr Sheerin, seconded Clr Croll that the report be

received and noted. 2. QUARTERLY FINANCIAL REPORTS AS AT 31 DECEMBER 2007

25/08 RESOLVED on the motion of Clr Astridge, seconded Clr Croll that the report be

received and noted and the variations adopted. GENERAL MANAGER (Pages H1 – H40) 1. REVIEW OF COUNCILLORS FACILITIES & EXPENSES POLICY 26/08 RESOLVED on the motion of Clr Quinn, seconded Clr Astridge that the report be

received and noted and the proposed amendments advertised for 28 days seeking public comment.

Clr Frame left the meeting at 8:41pm. 2. SECOND QUARTERLY REVIEW OF 2007/08-2016/17 STRATEGIC

MANAGEMENT PLAN 27/08 RESOLVED on the motion of Clr Astridge, seconded Clr Frame that the report be

received and noted. Clr Frame returned to the meeting at 8:48pm 3. COMPARATIVE DATA ANALYSIS 2005/06 28/08 RESOLVED on the motion of Clr Quinn, seconded Clr Sheerin that:


2. The staff of the planning department be congratulated on the results achieved in the comparative analysis.



4. AMENDMENT TO THE CODE OF MEETING PRACTICE 29/08 RESOLVED on the motion of Clr Quinn, seconded Clr Croll that Clause 6.1 – 2(b) of

the Code of Meeting Practice be varied to provide for “…written notice of rescission duly signed by any three Councillors…”

5. PLANNING REFORMS 30/08 RESOLVED on the motion of Clr Astridge, seconded Clr Quinn that:


2. Council write to the Member for Lane Cove, Mr. Anthony Roberts MP., advising of Councils concern with the proposed new planning reforms and requesting that he make the strongest possible representations to the Government on Council’s behalf.

6. PROPOSED CHANGES TO SECTION 94 CONTRIBUTIONS 31/08 RESOLVED on the motion of Clr Astridge, seconded Clr Quinn that:


2. Council write to the Member for Lane Cove, Mr. Anthony Roberts MP., advising him of Councils concern with the proposed new section 94 reforms and requesting that he make the strongest possible representations to the Government on Council’s behalf.

7. 7-9 NELSON PARADE, WOOLWICH 32/08 RESOLVED on the motion of Clr Quinn, seconded Clr Astridge that:

1. Council write to the Minister for the Department of Environment & Climate Change and Minister for Health requesting: (a) The complete removal of all contaminated material from 7-9

Nelson Parade and the foreshore of 11, 13 and 15 Nelson Parade, provided that this can be done safely and to an appropriate site.

(b) The provision of a current risk assessment, or other current and

appropriate information, on Nos. 7, 9, 11, 13 and 15 Nelson Parade, that will provide Council and the residents of Nelson Parade and Hunters Hill with certainty about the safety of these sites.

2. Council write to the Member for Lane Cove, Mr. Anthony Roberts MP.,

advising of Councils concern and requesting that he make the strongest possible representations to the Parliament of NSW on Council’s behalf to ensure that these sites are fully remediated as soon as practicable.



8. HUNTER’S HILL COUNCIL ART COLLECTION & REPAIRS TO ARTWORKS 33/08 RESOLVED on the motion of Clr Quinn, seconded Clr Croll that:

1. The quotation of Julia Sharp be accepted and the repairs for Hauling in the Net and Figtree House proceed as soon as possible.

2. Further investigation be undertaken on the repairs needed for The Lane Cove River and provision is made in the 2008/09 budget for the cost of repair.

9. MONTHLY REPORT ON OUTSTANDING MATTERS 34/08 RESOLVED on the motion of Clr Sheerin, seconded Clr Frame that the report be

received and noted. COMMITTEE REPORTS (Pages J1 – J8) 1. MINUTES OF THE HUNTER'S HILL COUNCIL ART & CRAFT ADVISORY

COMMITTEE MEETING HELD 4 DECEMBER 2007 35/08 RESOLVED on the motion of Clr Sheerin, seconded Clr Frame that the minutes be

received and noted. 2. MINUTES OF THE HUNTER’S HILL COUNCIL ART & CRAFT ADVISORY

COMMITTEE MEETING HELD 15 JANUARY 2008 36/08 RESOLVED on the motion of Clr Sheerin, seconded Clr Frame that the minutes be

received and noted. 3. MINUTES OF THE HUNTER’S HILL COUNCIL EVENT COMMITTEE MEETING

HELD 10 JANUARY 2008

37/08 RESOLVED on the motion of Clr Sheerin, seconded Clr Frame that the minutes be

received and noted. CORRESPONDENCE (PRECIS) (Pages K1 – K4) 1. CORRESPONDENCE 38/08 RESOLVED on the motion of Clr Astridge, seconded Clr Croll that:

The following recommendations to Council be adopted:

1. Probus Club 100th Birthday Celebrations for Mr. Ian Malcolm.

That due to the great age of Mr. Ian Malcolm and his frailty to be away from the nursing home where he lives at Turramurra House, it is recommended that a letter of Congratulations be either forwarded to Mr. Ian Malcolm to recognise his 100th birthday, be presented at the Club’s 32nd birthday lunch to be held at a local restaurant on 26 February 2008 should he be well enough to attend or alternatively, be presented by the Mayor at Turramurra House.



2. Hunters Hill – Le Vesinet Friendship Committee 20th Anniversary Celebrations.

That Council provide a location of a park bench to celebrate the 20th Anniversary of the formation of the Friendship Pact, and that the location of the Town Hall forecourt be investigated as a suitable site.

3. Ku-ring-gai Council Request for Support against Planning Panel.

That Council support Ku-ring-gai Council in regard to the recent gazettal of a planning panel in Ku-ring-gai, by writing to the Premier and the Local State Member, supporting the return of all planning powers to Ku-ring-gai Council to allow the local community to be fully engaged in the planning of their community.

GENERAL BUSINESS (Page M1) 1. MEETINGS – VARIOUS COMMITTEES OF COUNCIL 39/08 RESOLVED on the motion of Clr Croll, seconded Clr Quinn that the report listing the

various Committees of Council be received and noted. 2. WOOLWICH VILLAGE PARKING SCHEME – MATTERS ARISING FROM

ORDINARY MEETING NO. 4241 HELD 10 DECEMBER 2007, MINUTE NOS. 563/07 AND 564/07

40/08 RESOLVED on the motion of Clr Quinn, seconded Clr Astridge that:

a) the parking study and proposed parking scheme be referred to Council for consideration prior to commencement of the public exhibition.

b) the public exhibition consultation take place before the 30 June 2008.

QUESTIONS WITH OR WITHOUT NOTICE

No. Author Date Question Answer

01/08 Clr Hoopmann 11.2.08 Why has the new signage not been installed at the Gladesville Library? Could the Library Committee bring it up at the next meeting and a letter be sent to Ryde City Council requesting timing of such?

The next meeting of the Ryde Hunters Hill Library Service Joint Advisory Committee is on 27 February. This matter is listed for discussion and advise will be provided to Council following this meeting.

02/08

Could a detailed financial statement be brought forward from Moocooboola 2007, Carols by Candlelight 2007, and Australia day 2008, showing profit and loss of all items for each event?

A report will be provided to Council on 10 March 2008.



No. Author Date Question Answer

03/08

Tarban Creek bridge is of great concern to many residents (numerous letters received) and to me. What is the plan for its replacement ?

This matter is being considered by the Public Transport and Traffic Advisory Committee. The replacement of the bridge has been nominated as a possible project for 2008/09.

04/08 At what stage is the policy for memorial seats, please?

Currently being prepared.

05/08

Where is the Woolwich residential parking scheme at and what consultation with residents has happened?

The review of the parking scheme will commence is late February.

06/08 What action can Council take if a swimming pool is not maintained and kept reasonably clean, resulting in adverse amenity to adjacent residents?

Council can issue Orders to owners under the Swimming Pools Act for them to comply with Australian Standards and current legislation.

07/08 Please provide a report on the status of negotiations regarding Collingwood Street boatshed.

Plans have been submitted to waterways and a draft lease agreement is being prepared.

08/08

Clr Quinn 11.2.08

Given Council’s desire to promote sustainable development, can a review of the relevant DCPs be listed to allow for contemporary water retention and solar power generation structures, particularly as these relate to heritage properties?

The review of the DCP 15 will form part of the review to the comprehensive LEP (template) for Hunters Hill. This review will incorporate the introduction of other environmental methods in promoting sustainable development.

09/08 Clr Astridge 11.2.08 Please bring forward a report regarding the acquisition of the footbridge at Woolwich Dock and installation across the creek at Villa Maria Reserve, connecting it to the oval at the south side.

The requested review is being developed for the Public Transport and Traffic Advisory Committee meeting on the 11 March 2008.

10/08 Clr Sheerin 11.2.08 Does the Development & Environment Section maintain regular inspections of all food establishments for cleanliness and compliance?

Council conducts food inspections, firstly, on an ad-hoc manner secondly, via complaints and thirdly, bi-annually across the whole of the LGA. The bi-annual food inspections of the whole LGA is due to commence shortly. Officer(s) also monitor repeat offenders and reinspect those premises.



TERMINATION The meeting terminated at 9:35pm. I confirm that these Minutes are a true and accurate record of Ordinary Meeting No.4242 held 11 February, 2008. ..................................................... ......................................... Councillor Susan R. Hoopmann Barry Smith MAYOR GENERAL MANAGER

B

Mayoral Minutes & Reports

B – Mayoral Minutes & Reports

4243 – 25 February 2008

Index 1. Australia Day Duck Race - Presentation of Cheque to Camp Quality 1 2. Thanksgiving Service – 100 Years of Marist Sisters in Australia 2 .................................................

Councillor Susan Hoopmann MAYOR

MAYORAL MINUTES & REPORTS Meeting 4243 – 25 February 2008 B1


ITEM NO : 1

SUBJECT : AUSTRALIA DAY DUCK RACE – PRESENTATION OF CHEQUE TO CAMP QUALITY

BUSINESS PROGRAM : INFORMATION OF COUNCIL

REPORTING OFFICER : COUNCILLOR SUSAN HOOPMANN

FILE : 200/07 : 145/08

The Australia Day Charity Duck Race resulted in $1,603.86 being raised for Camp Quality, an organisation which caters for ‘fun therapy for every child living with cancer and their families’. This event was held at Clarke’s Point Reserve where 100 ducks were launched. Hunters Hill Event Committee member Mr. Rick Retas donated considerable hours selling 50 ‘corporate’ ducks to local business and organisations. The remainder of the ducks were sold on Australia Day just prior to the race, where participants kissed the ducks for luck before the launch. The winning entry was No.18, purchased by Mr. Robert Lemonjian of Banjo Patterson Cottage Restaurant who assisted on Monday 18 February with presenting a Cheque to Ms Heidi Bock, representing Camp Quality. FINANCIAL IMPACT There is no direct financial impact on Council’s adopted budget as a result of this report.

RECOMMENDATION That the Council congratulations to Mr. Rick Retas, the Council Works staff Messrs Albert Pithers, Barry Jinkinson, Tim Mills and Shane Jinkinson, assisting with the project on Australia Day and the appreciation of all who contributed toward the charity race be recorded in the Minutes and the report be received and noted.



ITEM NO : 2

SUBJECT : THANKSGIVING SERVICE - 100 YEARS OF MARIST SISTERS IN AUSTRALIA

BUSINESS PROGRAM : INFORMATION OF COUNCIL

REPORTING OFFICER : COUNCILLOR SUSAN HOOPMANN

FILE : 200/07

A service of Thanksgiving took place on 30 December 2007 to commemorate the arrival of the Marist Sisters one hundred years ago. A re-enactment of the of the beginnings of the Marist story in Australia was organised by the Sisters in the cemetery behind Villa Maria Church. “On December 30th, 1907, two ships arrived in Sydney Harbour within a very short

space of time. One, the “Navua” had come from Fiji, the other, “The Australien”, from Marseilles.

These two ships brought the pioneers of Marist Sisters in Australia. We remember

that 100 years ago today, Mother Melanie, Sister Cyrille and Sister Odilon arrived in Hunters Hill to establish the Marist presence in Australia.”

We then journeyed together to the cemetery where Father Andre Marion SM (Provincial) and Father Placide Huault, Sister DeChantal T.O.R.M. and Father Peter Piquet who offered support to the early sisters are buried.

“On their arrival, Mother Melanie, Sister Cyrille and Sister Odilon were offered hospitality in the home of the Marist Third Order Regular or as they are now know, Missionary Sisters of the Society of Mary.”

We moved along Alexandra Street to the place where they moved to next and stayed for a year. The house was called “Kamona”. From there we progressed to St. Peter Chanel Church were we were told of some memories before continuing down Woolwich Road to the School, The Marist Sisters Convent. Some of the memories were: “In general our numbers were between 45 and 49. Do you remember the

Inspectors? Poor old Maths-they usually had something to say about that. But they praised us for the excellent spirit in the school.

They were hard days in the first year but when Sister Bernard and Sister Benedict

came, they made a difference.”

The Marist Sisters remained teaching here until 1936.

The best thing of all was that when we were looking for a house so that we could begin a secondary school, we found one that was ideal, but the cost was too high.



It was Judge Heydon, a parishioner, who had close links with Mother Francis, who offered to pay the additional cost. Lettie Haselden, who was a parishioner also, made the generous offer to pay the interest. Eventually, she took over the whole debt.”

The Mayor of the day was Alderman E. Marsden Betts (1905-1912) who lived at “Eulbertie” in Stanley Road and after whom Betts Park was named. Council was presented with a plaque to commemorate the centenary and the morning provided a fascinating piece of history and a well enacted scenario by the Marist Sisters of a time,150 years ago. It brought that period back to life and makes one think how important it is to preserve The Priory building, the original Marist Fathers’ home from which their missionaries went all over the South Pacific regions. It also makes one think how fortunate it is that 100 years later, we have the opportunity to bring The Priory back to life and open to the public. FINANCIAL IMPACT There is no direct financial impact on Council’s adopted budget as a result of this report.

RECOMMENDATION That the report be received and noted.

D

Development & Environment

D – Development & Environment

4243 – 25 February 2008

Index 1. 39 Bonnefin Road, Hunters Hill 1 2. 9 Collingwood Street, Hunters Hill 15 3. 95A Pittwater Road, Hunters Hill 33 4. 17A Wybalena Road, Hunters Hill 40 5. 9 North Parade, Hunters Hill 51 6. Trees (Disputes between Neighbours) Bill 2006 69 7. Comprehensive Environmental Plan for Hunters Hill 71 8. Delegations of Authority 73 .........................................

Steve Kourepis MANAGER

DEVELOPMENT & ENVIRONMENT

REPORT OF DEVELOPMENT & ENVIRONMENT

Meeting 4243 – 25 February 2008 D1


ITEM NO : 1 DEVELOPMENT APPLICATION NO : 07/1140 PROPOSAL : DEMOLITION OF EXISTING DWELLING & ERECTION

OF A NEW TWO (2) STOREY DWELLING, GARAGE & SWIMMING POOL

PROPERTY : 39 BONNEFIN ROAD, HUNTERS HILL APPLICANT : DAVID SELDEN PTY LTD OWNER : SUZAN GRIFFIN DATE LODGED : 18 OCTOBER 2007 & 18 FEBRUARY 2008 BUSINESS PROGRAM : DEVELOPMENT CONTROL REPORTING OFFICER : KERRY SMITH FILE : 1085/39 & DA07/1140 1. SUMMARY

Reasons for Report

The proposal is for demolition of the existing cottage and the erection of a new dwelling house.

Submissions

Council received two letters of objection during the notification period.

Recommendation

The application is recommended for approval because it:

1. is permissible under the zoning

2. complies with the relevant planning objectives contained in Hunters Hill Local Environmental Plan No.1 and Development Control Plan No.15

3. is appropriate

4. will not have adverse effects on the amenity of adjoining properties such is justified. 2. DESCRIPTION OF PROPOSAL The proposal is for the demolition of the existing dwelling house and the construction of a part two-storey and part single-storey dwelling with detached double garage to the front with a large eave overhang. A swimming pool will be constructed in the rear yard and there will be tree removal, landscaping and a 1.2 metres high steel flatbar welded fence with gates to be erected setback in from the street alignment.




The new flat roofed dwelling would comprise: Level 1 floor plan • An L-shaped floor containing a storage room, main entry foyer, four (4) bedrooms,

two (2) ensuites, three (3) walk-in robes and a bathroom. A full width terrace/deck 1.77 metres deep will be provided across the rear elevation.

Ground floor plan • An L-shaped floor containing study, dining room, living room, kitchen, pantry, laundry

and WC. A rear facing stone terrace 6.8 metres wide x 3.7 metres deep will be provided of the living room to the rear and a stone balcony 3.3 metres wide x 2.5 metres deep will be provided off the rear section of the kitchen.

Garage • A flat roofed double garage 6.0 metres wide x 5.78 metres long x 3.2 metres high will

be setback a minimum of 10.0 metres from the street alignment. It will have an oiled finish timber battened tilt panel door facing the street.

• At the lower ground floor level will be the storage room as referred to above under level 1 floor plan.

Site Works • Swimming pool 14.4 metres x 4.0 metres to be constructed between the rear of the

dwelling and 25 metres from the waterline. • A flat roofed cabana 9.9 metres long x 4.6 metres wide x 3.1 metres high sited to the

south east of the pool and to cover the BBQ area and enclosed pool plant. • 2.2 metre high masonry wall with stone cladding to the south-east of the pool and

parallel to and 700mm from the south-east boundary. • Steel pool fence. • Landscaping of the site. • Stone forecourt forward of the garage. • A series of low stone retaining walls will be erected throughout the site including the

extension of the flat lawn area by approx. 4 metres towards the river and link up with part of the existing retaining wall crossing the site.

3. DESCRIPTION OF SITE AND LOCALITY

The subject site is known as 39 Bonnefin Road, Hunters Hill, and is legally described as Lot 5 DP 19907. It is located on the north-east side between Ryde Road and Martin Street. The site is generally regular in shape with a frontage of 12.575 metres, a depth of 90.07 metres and a site area of 1,806sqm. It has frontage to Lane Cove River. The site slopes down from the front to the river with a fall of approximately 22 metres. Currently standing on the subject site is a single storey and part two-storey brick / tile dwelling house with an attached garage to the side. The site is bounded by a part single-storey and part two- storey brick residence on the north side and a part single-storey part two storey rendered brick and metal roofed duplex to the south.

The site is not heritage listed and is not located within a conservation area.




4. PROPERTY HISTORY

On 23 August 2004, a development application (DA03/1154) for demolition and subdivision into two lots was refused under delegated authority. A preliminary consultation was held on 6 July 2005 for subdivision of the land into two (2) lots. On 29 December 2006, the Land & Environment Court dismissed an appeal in relation to subdivision and the construction of two new dwellings on the site and in doing so considered a report from the Court’s expert in relation to arboricultural issues, which resulted in the tree loss being a major determinant in the decision. A preliminary consultation meeting was held for the subject development on 6 June 2007 at which the previous Court judgment was referred to and other matters such as effects on the foreshore, garden area, height, location of garages and setbacks. 5. STATUTORY CONTROLS 5.1 Relevant Statutory Instruments Environmental Planning and Assessment Act, 1979 Local Environmental Plan No.1 (as amended) Zone: 2(a1) Conservation Area: No Foreshore Scenic Protection Area: Yes SREP (Sydney Harbour Catchment) 2005: Yes Development Control Plan: No.15 Residential Development Listed Heritage item: No Contributory Building: No Vicinity of Heritage Item: No.31 Bonnefin Road Bushfire Prone: Yes Integrated Development: Yes (NSW Rural Fire Service) 6. POLICY CONTROLS

Development Control Plan No.15 7. REFERRALS

7.1 External Approval Bodies

The application was referred to the NSW Rural Fire Services who raised no objections subject to conditions. 7.2 Health & Building

Not applicable. 7.3 Heritage

As stated within the body of the report, the property is in the vicinity of a schedule 6 item under Hunters Hill Local Environmental Plan No.1. The proposal was referred to Council’s Heritage Advisor who raised no objections.




7.4 Public Works and Infrastructure

The proposal was referred to Council’s Engineer who raised no objections, subject to conditions. 7.5 Parks & Landscape

The proposal was referred to Council’s Landscape Adviser who raised no objections, subject to conditions. 8. ENVIRONMENTAL ASSESSMENT UNDER S.79C

The relevant matters for consideration under section 79C of the Environmental Planning and Assessment Act 1979 are assessed under the following headings. 9. STATE INSTRUMENTS / LEGISLATION

9.1 State Environmental Planning Polici es (SEPPs)

State Environmental Planning Policy No.1 – Developm ent Standards The original application was accompanied by an SEPP No.1 objection with the development in order to obtain a variation from the development standard of the HHLEP No.1 in relation to building height as set out under clause 15 of such instrument. The amended plans provided for a reduction in the height of the rear section of the dwelling such that it complied with the height requirements of the HHLEP No.1. Therefore, there is now no requirement for the SEPP No.1 objection with this application.

State Environmental Planning Policy No 19 -- Bushla nd in Urban Areas

The land is zoned 2(a1) Residential and the SEPP applies. It is noted that the subject site falls within the area covered by SEPP 19. This policy also contains a number of objectives relating to development near bushland in urban areas. The following are the most relevant guiding principles identified under SEPP 19 as matters for consideration by a consent authority:

Aims, objectives etc

(1) The general aim of this Policy is to protect and preserve bushland within the urban areas referred to in Schedule 1 because of:

(a) its value to the community as part of the natural heritage,

(b) its aesthetic value, and

(c) its value as a recreational, educational and scientific resource.

(2) The specific aims of this policy are:

(a) to protect the remnants of plant communities which were once characteristic of land now within an urban area,




(b) to retain bushland in parcels of a size and configuration which will enable the existing plant and animal communities to survive in the long term,

(c) to protect rare and endangered flora and fauna species,

(d) to protect habitats for native flora and fauna,

(e) to protect wildlife corridors and vegetation links with other nearby bushland,

(f) to protect bushland as a natural stabiliser of the soil surface,

(g) to protect bushland for its scenic values, and to retain the unique visual identity of the landscape,

(h) to protect significant geological features,

(i) to protect existing landforms, such as natural drainage lines, watercourses and foreshores,

(j) to protect archaeological relics,

(k) to protect the recreational potential of bushland,

(l) to protect the educational potential of bushland,

(m) to maintain bushland in locations which are readily accessible to the community, and

(n) to promote the management of bushland in a manner which protects and enhances the quality of the bushland and facilitates public enjoyment of the bushland compatible with its conservation.

It is considered that the proposal would not effect or harm the adjoining bushland, and would protect and maintain the adjoining bushland. Accordingly, it is considered that the proposal would satisfy the abovementioned guiding principles, in particular those of relevance pertaining to protecting and preserving the bushland within the urban area. 9.2 Regional Environment Plans (REPs)

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 The subject site is located within the area covered by SREP (Sydney Harbour Catchment) 2005. This plan has a number of general aims and objectives, the most relevant of which, in this case, is as follows: Aims of plan

(1) This plan has the following aims with respect to the Sydney Harbour Catchment:

(a) to ensure that the catchment, foreshores, waterways and islands of Sydney Harbour are recognised, protected, enhanced and maintained:

(i) as an outstanding natural asset, and

(ii) as a public asset of national and heritage significance,




for existing and future generations,

(b) to ensure a healthy, sustainable environment on land and water,

(c) to achieve a high quality and ecologically sustainable urban environment,

(d) to ensure a prosperous working harbour and an effective transport corridor,

(e) to encourage a culturally rich and vibrant place for people,

(f) to ensure accessibility to and along Sydney Harbour and its foreshores,

(g) to ensure the protection, maintenance and rehabilitation of watercourses, wetlands, riparian lands, remnant vegetation and ecological connectivity,

(h) to provide a consolidated, simplified and updated legislative framework for future planning.

(2) For the purpose of enabling these aims to be achieved in relation to the Foreshores and Waterways Area, this plan adopts the following principles:

(a) Sydney Harbour is to be recognised as a public resource, owned by the public, to be protected for the public good,

(b) the public good has precedence over the private good whenever and whatever change is proposed for Sydney Harbour or its foreshores,

(c) protection of the natural assets of Sydney Harbour has precedence over all other interests.

Furthermore, Part 3 Division 2 of SREP (Sydney Harbour Catchment) 2005 lists matters for consideration by Council when determining an application. It further states that Council shall not grant consent to an application unless it is satisfied that the proposal is consistent with the relevant objectives of the SREP. The following matters for consideration are relevant to this application: 25 Foreshore and waterways scenic quality The matters to be taken into consideration in relation to the maintenance, protection and enhancement of the scenic quality of foreshores and waterways are as follows:

(a) the scale, form, design and siting of any building should be based on an analysis of:

(i) the land on which it is to be erected, and

(ii) the adjoining land, and

(iii) the likely future character of the locality,

(b) development should maintain, protect and enhance the unique visual qualities of Sydney Harbour and its islands, foreshores and tributaries,




(c) the cumulative impact of water-based development should not detract from the character of the waterways and adjoining foreshores.

The proposed works would be visible from the waterway and would satisfy the above aims of the policy and matters for consideration. In particular, those of relevance, pertaining to the appearance of the development from the waterway and foreshore, heritage issues and those requiring the protection and enhancement of the landscape qualities of the Harbour, are considered to have been reasonably met with this proposal. 9.3 Other Legislation

Not applicable. 10. HUNTERS HILL LOCAL ENVIRONMENTAL PLAN NO. 1

10.1 Aims and Objectives of Hunters Hill Local Env ironmental Plan No.1 and Zone

The proposal is permissible with consent under Zone 2(a1) and complies with the relevant statutory controls of Hunters Hill Local Environmental Plan No.1. 10.2 Statutory Compliance Table

The following table illustrates whether or not the proposed development complies with the relevant statutory controls of Hunters Hill Local Environmental Plan No.1. Compliance with Current Statutory Controls

Proposed Control Compliance

HEIGHT Ceiling

7.2 metres

7.2 metres

Yes

Storeys 2 storeys 2 storeys Yes Garden Area 61.4% 60% Yes

10.3 Site Area Requirements

The proposal complies with these requirements. 10.4 Residential flat buildings and low-rise mul ti-unit housing-density and garden

area controls

Not applicable.

10.5 Height of Buildings

The height of the proposal, being 7.2 metres and 2 storeys in height is now acceptable insofar as it complies with this development standard for the building including the deck awnings. 10.6 Garden Area

The proposed garden area of 61.4% gives compliance to the 60% minimum permissible garden area as prescribed by the Hunters Hill Local Environmental Plan No.1. 10.7 Integrated Housing Development

Not applicable.




10.8 Foreshore Building Lines

The building works for proposed development are set back clear of the 15 metre foreshore building line.

10.9 Foreshore Scenic Protection Area

The subject site is also located with the Foreshore Scenic Protection Area and, as such, assessment is required in accordance with Clause 18A of Hunters Hill Local Environmental Plan No.1. Clause 18A states:

18A. The Council may not grant consent under the Act pursuant to an application to carry out development on land within the Foreshore Scenic Protection Area, being that area shown by hatching on the map marked ‘Hunter's Hill Local Environmental Plan No.14. - Heritage Conservation’, unless it has made an assessment of:

(a) the appearance and visual quality of the proposed development

when viewed from the waterway; and (b) the impact of the proposed development of the view towards the

waterway from public roads and from public reserves or from land within Zone No. 6(a) or 6(b).

The subject site would be visible from the waterway. Careful consideration has been given to the proposal’s external appearance as discussed in detail within the body of the report. It is considered that the proposal would be generally acceptable with regards to its appearance and visual quality when viewed from the waterway, as it would be similar and comparable to the surrounding dwellings, in terms of bulk and scale, colour and form. However, the glass balustrading facing the river would be unacceptable due to reflectivity and should be replaced with a more traditional form of safety railing as set out in the recommendation. 10.10 Other Special Clauses / Development Standar ds

Not applicable. 11. DRAFT AMENDMENTS TO STATUTORY CONTROLS

No relevant draft amendments pertaining to this application. 12. DEVELOPMENT CONTROL PLANS (DCPs)

12.1 Compliance Table Residential Development Contr ol Plan No.15 CONTROL REQUIRED/

PERMISSIBLE PROPOSED COMPLIANCE

HEIGHT Ceiling

7.2m

7.2m

Yes

Storeys 2 2 Yes Garden Area 60% 61.4% Yes BOUNDARY SETBACKS Dwelling house West (Front)

Average street pattern

10 metres to garage/store 15 metres to dwelling

Yes




East (Rear) South (Side) North (Side)

6m 1.5m 1.5m

50 metres 1.5 metres 1.5 metres

Yes Yes Yes

Planning Policy – All Development

The proposal complies with the relevant objectives, design parameters and preferred design elements under Part 3 of Development Control Plan No.15 – Residential Development. Heritage Conservation Areas

Not applicable. Foreshore Scenic Protection Area

Refer to section 10.9 of this report ‘Foreshore Scenic Protection Area’. Visually Prominent Sites

Not applicable. Height

Refer to section 10.5 of this report ‘Height of Buildings’. Front, Side and Rear Setbacks

The proposed dwelling complies with the requirements stipulated under Part 7.2 of DCP No.15. The proposal has been assessed against the objectives under Part 7.2 of the DCP No.15 (following characteristic pattern of setbacks for locality, sunlight, privacy, views and streetscape, as has been assessed within the body of the report) and is considered to satisfy the relevant objectives, as there would be no unreasonable impacts upon the amenity of the adjoining properties. Garden Area

Complies. Solar Access

The submitted shadow diagrams indicate that there would be minimal additional overshadowing in mid-winter to the residential premises to the south east of the subject site, being No.37 Bonnefin Road. The additional shadows would affect less than 30% of the existing recreational open space to the adjoining properties. Privacy

The proposed dwelling, due to its positioning of window openings and balconies, separation from adjoining properties and orientation, is considered to provide for the reasonable privacy of the residents of the adjoining dwellings and their outdoor spaces. Therefore, the objective for privacy as stipulated under Part 7.5.1 of the Development Control Plan No.15 is considered to be satisfied.




Views

The proposed works are considered to be satisfactory, given that no direct views of the river from any adjoining properties would be detrimentally affected.

Car Parking

The proposal complies with Part 7.7.2(f)(h) of the DCP, as two (2) car parking spaces have been provided for a gross floor area in excess of 125sqm. Garages and Carports

Carparking is provided for the proposed dwelling in the form of a double garage located at ground level, with access to Bonnefin Road. The carparking facilities of the proposed dwelling have been designed to appear as an integrated feature of the dwelling design. The flat roofed double garage would be barely visible from the street due to the new fence setback behind the street alignment. The proposed double garage is setback 820mm from the front wall of the proposed dwelling, with an eave overhang, providing for shadows over the garage and reducing bulk and scale. The garage would have a setback of approximately 9.6 metres from the front street boundary. The proposed double garage to Barons Crescent would have a low visual impact, as the site slopes from the street (approximately 1.1m), with the garage door painted in a dark and recessive colour. The proposed driveway width varies from 3 metres to 5.2 metres, with planting between the side boundary and the nearer section of the driveway. Therefore, the proposal would satisfy the planning policy objectives outlined under Part 7 and 8 of the DCP No.15. Fences

The application proposes a 1200mm front fence constructed of a metal base with metal in-fill panels having a maximum height of 1200mm and setback between 500mm and 3.7 metres from the street alignment. The height of the proposed fence is considered to be acceptable. The metal in-fill railing is considered to comply with Part 9.1 – Fences in Hunters Hill of DCP No.15. 12.2 Other DCPs, Codes and Policies

Not applicable. 13. THE LIKELY IMPACTS OF THE DEVELOPMENT

The proposal is considered to have a positive impact upon the amenity of the residents of the adjoining properties and on the Bonnefin Road streetscape. As stated within the body of the report, the proposal would satisfy the objectives of the Development Control Plan No.15. There would be no detrimental impact upon the natural and future built environment within the vicinity of the subject site as a result of the proposed works. Furthermore, there would be no detrimental social and economic impacts to the locality as a result of the proposed works.




14. SUBMISSIONS

The proposed development was notified in accordance with Council’s Development Control Plan No.15 for a period of ten (10) working days commencing on the 27 November 2007. Within the specified time period two (2) submissions were received and the details are set out below: NOTIFICATION REQUIRED YES NUMBER NOTIFIED 8 SUBMISSIONS RECEIVED Name & Address of Respondents

SUMMARY OF SUBMISSIONS

Jonathan & Agnes Marks 43 Bonnefin Road HUNTERS A.R.Forster 26 Bonnefin Road HUNTERS HILL

• Roof and masonry of the covered balcony on the NW portion of the dwelling is well above permitted ceiling height

• The masonry wall on the west side of the balcony be removed and the roof to this open area be shortened

• The cabana be made a low lying building to avoid adding to the built up appearance

• Garage dominates the streetscape due flat roof,

metal deck and other harsh finishes • Make use of natural landform to ensure maximum

view sharing • Is it intended that the automatic access gates

proposed should remain open to provide visitor parking?

• Roof and masonry of the covered balcony on the NW p ortion of the dwelling is

well above permitted ceiling height Comment: This assessment by the objector was correct at the time. The plans, however, have been amended in the meantime to reduce the building height to comply with the control of the LEP and DCP. It is also addressed above in those sections relating to height. • The masonry wall on the west side of the balcony be removed and the roof to

this open are be shortened Comment: It is felt that the masonry privacy wall to the side of the balcony could be retained in its proposed form, which now includes the reduction in roof height of the awning over such balcony, which complies with the height provisions of the LEP. In doing so, it will maximise the privacy for the residents of the adjoining premises to the north-west and also the future residents of the subject dwelling. • The cabana be made a low lying building to avoid ad ding to the built up

appearance Comment: It is considered that the cabana is a low scale structure, being of flat roof construction and sited on the lower section of the site and setback 22 metres from the foreshore.




• Garage dominates the streetscape Comment: The garage is not likely to dominate the streetscape as it will be well setback from the street alignment and further to the rear in comparison to the adjoining buildings, it will be at a lower floor level than the footpath and it will be a flat roofed structure. • Make use of the natural landform to ensure maximum view sharing Comment: In terms of direct view sharing, the uppermost portion of the development will be approximately 3.2 metres lower than the ridgeline of the existing dwelling. The proposed development follows the slope of the land with flat roofed structures substantially in accordance with the height controls. 15. CONCLUSION – THE PUBLIC INTEREST

The proposed works are considered acceptable with minor amendments as set out in the conditions of consent and would have no unreasonable impacts upon the amenity of the residents of the adjoining properties. The proposal has been assessed in terms of the public interest and following compliance with the relevant development standards and objectives in Development Control No.15 and Hunters Hill Local Environmental Plan No.1, the application is considered suitable subject to conditions. The proposal has been assessed having regard to the relevant matters for consideration under S.79C of the Environmental Planning and Assessment Act 1979, Hunters Hill Local Environmental Plan No. 1. For the reasons outlined in this report, it is considered that the proposed development would not unduly impact upon the adjoining residential properties and accordingly is recommended for approval.

FINANCIAL IMPACT

There is no direct financial impact on Council’s adopted budget as a result of this report. RECOMMENDATION That Development Application No.07/1140 for the demolition of the existing dwelling and the erection of a new dwelling plus detached garage, front fence and swimming pool at No.39 Bonnefin Road, Hunters Hill be approved subject to the following conditions: Special Conditions 1. The development being carried out in accordance with the plans as prepared by

David Selden Pty Ltd Drawing Nos. 0704 DA.01A to DA.10A, revision A dated 15 February 2008 as received by council on 18 February 2008 and drawing Nos. DA.11 and DA.12 dated October 2007 as received by Council on 18 October 2007 and the landscape plan prepared by Material drawing Nos. 07-0014-01 A to 04A dated 11 may 2007 as received by Council on 18 October 2007, except where amended by the conditions of this consent.

2. Construction and finished surface details being provided for the cabana to the side

of the new pool prior to the issuing of the Construction Certificate. 3. The glass balustrading on the north-east elevation being deleted and replaced with

a more ‘visually solid’ safety rail complying with the provisions of the Building Code of Australia.




4. Moveable timber screens being provided to the rear elevations of the dwelling house to reduce the reflective effect of the glazed walls facing the river.

5. The finished surface materials being provided and utilised in accordance with the

schedule of external finishes as prepared by David Selden Pty Ltd on drawing No. EF.01 dated October 2007, as received by council on 18 October 2007, except where amended by the conditions as set out in this consent.

6. At the commencement of building works and in perpetuity, the property around the dwelling for a distance of 10 metres or up to the property boundary shall be managed as an inner protection area as outlined within Planning for Bush fire Protection 2006 and the Service’s document ‘Standards for asset protection’.

7. Construction complying with Appendix 3 – Site Bush Fire Attack Assessment of

Planning for Bush Fire Protection 2006. In this regard the following design standards for construction are to be incorporated into the development: a. Construction shall comply with AS3959 –1999 ‘Construction of Buildings in

bushfire prone areas’ Level 1

b. Roofing shall be gutterless or have leafless guttering and valleys to prevent the build up of flammable material. Any materials used shall have a Flammability Index no greater than 5.

8. Compliance with the recommendations as set out in the report prepared by Urban

Tree Management entitled “Arboricultural Assessment dated 25 September 2007 Reference 10054.

9. The proposed Blueberry Ash planting being replaced with an equivalent number and

location of Syzysium Aussie compact or Aussie southern. 10. A suitably qualified person being engaged to prepare a Vegetation Management

Plan for the restoration and management of native vegetation within the subject site and that such plan being submitted to Council prior to the issuing of a Construction Certificate.

11. The Angophora costata and the Harpullia pendulata being provided on the site as

100 litre specimens. 12. A concept Soil and Water Management Plan prepared by a suitably qualified

Environmental Engineer/Consultant and submitted to Council prior to the issuing of a Construction Certificate.

13. Stormwater storage and disposal to be done in general accordance with plan

submitted from Neil Lowry and Associates. During construction and all excavations, a settlement pond is to be established and maintained above the foreshore building line.

As well, the primary silt and sediment control method is to be prevention of erosion during storm events by site management.

The perimeter sediment fence proposed does not represent an effective method to prevent the initial erosion of loose material by fast flowing water on a steep slope.

The Sediment Control Plan Drawing SC01 should be re-worked to achieve prevention of silt flows from moving across the site in the first instance. A series of silt fences along the natural or created drainage lines should be considered.




The PCA is to approve a modified Silt Control Plan prior to issue of Construction Certificate. Silt should not pass beyond the Foreshore Building Line under any foreseeable storm event. Environmental penalties may result without notice should this occur.

14. A bond in the sum of $10,000 being lodged with Council prior top the issue of the

Construction Certificate to ensure that the significant trees Nos.T2, T3, T5, T6 and T10 as shown to be retained on the site as per the landscape plan, are properly protected under the supervision of the arborist during demolition, excavation and construction work and that such moneys be refunded after issue of the Occupation Certificate on the basis that the trees have not been damaged or removed.

Standard Conditions A1, A4 to A9, B1, B7 ($9,800), C1 to C5, C11, C19 to C25, C31 to C34, C40, C44, D1, D2, L4, S1, SP2 to SP10, SP16, SP18, SP19, SP23, W1. ATTACHMENTS 1. Locality Map 2. Proposed Plans 3. Letters of objection

ordinary meeting no. 4243 · 2020. 12. 22. · 4243 – 25 february 2008 index a – confirmation...

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