MINUTES OF EXTRAORDINARY BUILDING & DEVELOPMENT COMMITTEE - 9 DECEMBER 2013

Extraordinary Building & Development Committee Meeting

MINUTES OF AN EXTRAORDINARY MEETING OF THE BUILDING & DEVELOPMENT COMMITTEE held at the Council Chamber, Suite 1, Level 2, 1-17 Elsie Street, Burwood on Monday, 9 December 2013 commencing at 6.10pm.

ATTENDANCE Councillor Sally Deans

Councillor Tony Doueihi

Councillor Lesley Furneaux-Cook

Councillor Justin Taunton

Councillor Ernest Wong (Acting Chair)

ATTENDANCE Mr M McMahon, General Manager

Mr I McCallum, Deputy General Manager Corporate, Governance & Community

Mr B Olsen, Manager Building & Development

Ms Y Tome, Governance Officer

OPENING OF MEETING

The Acting Chair opened the meeting with a prayer.

OPEN FORUM

There was no business for this item.

Apologies
D.12/13 / RESOLVED (Carried Unanimously)
That an apology be granted to Councillor John Faker and Councillor George Mannah.
(Moved Councillor Lesley Furneaux-Cook/Seconded Councillor Justin Taunton)

DECLARATIONS OF INTEREST

There were no declarations of interests by Councillors.

DECLARATIONS OF POLITICAL INTEREST

There were no declarations of political interests by Councillors.

Confirmation of Minutes
D.13/13 / RESOLVED (Carried Unanimously)
that the minutes of the Building and Development Committee of Burwood held on Monday 19 August 2013, as circulated, be confirmed and signed as a true record of the proceeding of the meeting.
(Moved Deputy Mayor Tony Doueihi/Seconded Councillor Sally Deans)

Address by the Public on Agenda Items

Name Ag / Item
Mr John Sarks
7 Willee Street
Strathfield / Item D.8/13 – 289 Liverpool Road, Strathfield (Corner of Willee Street) – Construction of a six storey mixed use development above basement level carparking – Development Application No. 2013/032
Mr Pat Donnelly
11A Willee Street
Strathfield / Item D.8/13 – 289 Liverpool Road, Strathfield (Corner of Willee Street) – Construction of a six storey mixed use development above basement level carparking – Development Application No. 2013/032
Mr Andrew Kuti
18 Willee Street
Strathfield / Item D.8/13 – 289 Liverpool Road, Strathfield (Corner of Willee Street) – Construction of a six storey mixed use development above basement level carparking – Development Application No. 2013/032
Mr Henry Ho
32 Willee Street
Strathfield / Item D.8/13 – 289 Liverpool Road, Strathfield (Corner of Willee Street) – Construction of a six storey mixed use development above basement level carparking – Development Application No. 2013/032
Ms Marguerite Roche
4 Willee Street
Strathfield / Item D.8/13 – 289 Liverpool Road, Strathfield (Corner of Willee Street) – Construction of a six storey mixed use development above basement level carparking – Development Application No. 2013/032
Ms Angela Marinic
3 Willee Street
Strathfield / Item D.8/13 – 289 Liverpool Road, Strathfield (Corner of Willee Street) – Construction of a six storey mixed use development above basement level carparking – Development Application No. 2013/032
Ms Barbara Dawson
10 Willee Street
Strathfield / Item D.8/13 – 289 Liverpool Road, Strathfield (Corner of Willee Street) – Construction of a six storey mixed use development above basement level carparking – Development Application No. 2013/032
Mr K Klassen / Item D.8/13 – 289 Liverpool Road, Strathfield (Corner of Willee Street) – Construction of a six storey mixed use development above basement level carparking – Development Application No. 2013/032
Mr Tony Jreige
Urbanlink
320 Liverpool Road
Enfield / Item D.8/13 – 289 Liverpool Road, Strathfield (Corner of Willee Street) – Construction of a six storey mixed use development above basement level carparking – Development Application NO. 2013/032
Mr Angelo Korsanos
1 Duff Street
Burwood / Item D.9/13 – 3 Duff Street, Burwood – Demolition of Rear Portion of Existing Dwelling and Garage and Alterations and Additions to Existing Dwelling including basement garage, First Floor, Swimming Pool, outbuilding and Front and Side Return Fence
Mrs Manda Vulic
5 Duff Street
Burwood / Item D.9/13 – 3 Duff Street, Burwood – Demolition of Rear Portion of Existing Dwelling and Garage and Alterations and Additions to Existing Dwelling including basement garage, First Floor, Swimming Pool, outbuilding and Front and Side Return Fence
Mr Andrew Brown
5 Duff Street
Burwood / Item D.9/13 – 3 Duff Street, Burwood – Demolition of Rear Portion of Existing Dwelling and Garage and Alterations and Additions to Existing Dwelling including basement garage, First Floor, Swimming Pool, outbuilding and Front and Side Return Fence
Mr Kim Burrell
BTP Town Planning / Item D.9/13 – 3 Duff Street, Burwood – Demolition of Rear Portion of Existing Dwelling and Garage and Alterations and Additions to Existing Dwelling including basement garage, First Floor, Swimming Pool, outbuilding and Front and Side Return Fence
Mr Theodore Loucas / Item D.10/13 – 75 Woodside Avenue, Strathfield – DA125/2013 – Demolition of Existing Dwelling and Swimming Pool and Construction of New Two Storey Dwelling with Basement Garage and Swimming Pool

Development Applications

(ITEM D.8/13) 289 Liverpool Road, Strathfield (corner of Willee Street) - construction of a six storey mixed use development above basement level carparking - Development Application No. 2013/032
File No: 13/46215
Applicant: Fernside Developments Pty Ltd
Location: 289 Liverpool Road, Corner Willee Street, Enfield
Zoning: B2 Local Centre under Burwood Local Environmental Plan 2012 (BLEP 2012)
Proposal
The proposed development, as amended, involves the construction of a six storey building for a mixed use development above two levels of basement parking containing 60 car spaces.
Two commercial tenancies are proposed to be situated at ground floor level whilst a total of 43 residential apartments comprising 12 x 1 bed, 30 x 2 bed and 1 x 3 bed apartments are distributed across all levels of the building. Vehicular access to the development is via Willee Street.
D.14/13 / RESOLVED (Carried)
A. That Development Application No. 032/2013 to construct a six storey building above basement parking for a mixed use development at 289 Liverpool Road Enfield, be approved subject to the following conditions:
(1) The development being carried out in accordance with the plans and documentation listed below, except where amended by the conditions of consent:
· Architectural plans prepared by Urban Link Architects, Project No.12-047, Drawing No’s:
· DA01 – Site Plan/ Site Analysis Plan - Issue D – dated 29/08/13
· DA02 – Basement 2 – Issue F - dated 29/08/13
· DA03 – Basement 1 – Issue F – dated 29/08/13
· DA04 – Ground Floor Plan – Issue F – dated 29/08/13
· DA05 – Level 1 Floor Plan – Issue F – dated 29/08/13
· DA06 – Level 2 Floor Plan – Issue F – dated 29/08/13
· DA07 – Level 3 Floor Plan – Issue F – dated 29/08/13
· DA08 – Level 4 Floor Plan – Issue F – dated 29/08/13
· DA09 – Level 5 Floor Plan – Issue F – dated 29/08/13
· DA10 – Roof Plan – Issue F – dated 29/08/13
· DA11 – East + West Elevations – Issue F – 29/08/13
· DA12 – North + South Elevations – Issue F – dated 29/09/13
· DA13 – Longitudinal Section – Issue F dated 29/08/13
· DA14 – Sections – Issue F – dated 29/08/13
· DA15 – Shadow Diagrams – Issue F – dated 29/08/13
· DA16 – GFA Calculation – Issue F – dated 29/08/13
· DA17 – Deep Soil Calculation – Issue F – dated 29/08/13
· DA18 - Improved Envelope – Issue F – dated 29/08/13
· DA19 – Demolition Plan – Issue F – dated 29/08/13
· Acoustic Impact Assessment for DA Submission report prepared by Vipac Engineers & Scientists Ltd dated 13 March, 2013.
FEES
(1) The fees and/or bonds shown in the Table of Fees, are to be paid to Council or another approved collection agency (the Long Service Levy Corporation and its agents and an approved insurer under the Home Building Act 1989) and suitable evidence of payment is to be provided to the Principal Certifying Authority prior to the issuing of a Construction Certificate.
TABLE OF FEES
FEES/BONDS TO BE PAID TO COUNCIL OR TO THE NOMINATED BODY
PRIOR TO ISSUING A CONSTRUCTION CERTIFICATE
(3) Building and Construction Industry Long Service Corporation Levy $43,008
(Payment to be made to Council, the Corporation or its Agent)
(4) Damage Deposit - security deposit against damage occurring to Council's assets (footpath, road, stormwater drainage system, kerb and gutter, etc) during building work $ 49,500 (Payment to be made to Council as a bond prior to issue of a Construction Certificate and/or commencement of demolition/bulk excavation)
NOTE: This deposit is refundable if no damage occurs.
(5) If Council is nominated as the Principal Certifying Authority (PCA) an inspection fee is to be paid.
This fee is for 10 inspections at the rate listed in Council’s current Schedule of Fees and Charges. Any additional inspections, including re-inspections, shall be levied and paid to Council upon booking of an appointment at the rate listed in Council’s current Schedule of Fees and Charges (Payment to be made to Council).
(6) Pursuant to Section 94A of the Environmental Planning and Assessment Act 1979 and the Section 94A Contributions Plan for the Burwood Local Government Area (Excluding Burwood Town Centre), the following monetary contribution towards public services and amenities is required:
Contribution Element / Contribution
A levy of 1% of the cost of carrying out the development, where the cost calculated and agreed by Council is $ 12,288,101 / $ 122,881.00
Index Period / June 2013 / CPI1 / 103.1
Office Use: T56
The above contribution will be adjusted at the time of payment. Applicants are advised to contact Council for the adjusted amount immediately prior to arranging payment.
The contribution will be adjusted in accordance with the following formula:
Contribution (at time of payment) = C x CPI2
CPI1
Where:
C: the original contributions amount as shown in the development consent;
CPI2 the Consumer Price Index: All Groups Index for Sydney, for the immediate past quarter (available from the Australian Bureau of Statistics at the time of payment)
CPI1 the Consumer Price Index: All Groups Index for Sydney applied at the time of granting the development consent as shown on the development consent.
Note: The minimum payment will not be less than the contribution amount stated on the consent.
The contribution is to be paid to Council, or evidence that payment has been made is to be submitted to the Principal Certifying Authority, prior to the issuing of a Construction Certificate.
Council may accept works in kind or other material public benefits in lieu of the contribution required by this condition subject to and in accordance with the requirements specified in the Section 94A Contributions Plan for the Burwood Local Government Area (Excluding Burwood Town Centre).
Note: Credit cards and personal cheques are not accepted for the payment of Section 94A Contributions.
PLANNING
(1) The six storey development shall contain 43 residential apartments (12 x 1 bedroom, 30 x 2 bedroom and 1 x 3 bedroom units), two commercial tenancies at ground floor level and two basement levels of car parking.
(2) A total of 62 off street car parking spaces shall be provided as follows:
· Commercial tenancies = 09
· Residential Apartments = 44
· Residential Visitor Spaces= 09
TOTAL No. of SPACES = 62
Plans shall be amended accordingly prior to release of any Construction Certificate for the development
(3) No drying of clothing being permitted on balcony and patio areas which are visible from a public place.
(4) Separate Development Applications shall be submitted to Council and approval obtained prior to the use of any of the proposed retail/ commercial tenancies.
(5) A separate Development Application being submitted for the display and/or erection of any advertising signs. Such application is to include full details of the dimensions, mode of attachment and means of illumination (if any).
(6) All visitor and retail parking spaces shall be clearly signposted and line marked as available for public use.
(7) Four (4) dwellings shall be provided as Adaptable Housing Class A or B standard to cater for ageing in place and mobility impaired residents , in accordance with Australian Standard (AS) 4299: adaptable Housing.
(8) Bicycle parking facilities for 14 bicycles shall be provided in accordance with the provisions of Australian Standard 2890.3 – Parking Facilities or Austroads Guide to Engineering Practice Part 14 – Bicycles.
(9) The vehicle driveway crossing from the Willee Street property boundary to the entry of the basement shall be treated with a paving material which provides for a contrast of pavement surfaces. Details shall be submitted to Council for consideration prior to the issuing of a Construction Certificate.
(10) All external lighting shall be designed and installed in a manner which prevents glare and/or spillage adversely impacting on occupants of the building, residents of properties in the locality and/ or passing motorists.
(11) A revised landscape plan which aligns with the Architectural Plans approved in conjunction with this Development Consent shall be submitted to Council for approval prior to the issuing of a Construction Certificate.
(12) The two (2) mature spotted gums (Corymbia maculata) located outside the site, within the nature strip of Willee Street and the two (2) mature spotted gums (Corymbia maculata) located outside the site, within the concrete footpath of Liverpool Road are required to be retained and protected in accordance with the Australian Standard AS4970 (Protection of Trees on Development Sites, 2009).
This includes the erection of a 1.8m high chain link fence (Tree Protection Fence) around the trunks of the trees within the confines of the nature strips and openings of the concrete footpath. No excavations, including trenches for services, shall take place under the crowns of the trees to be retained and protected. The Tree Protection Fences must be installed prior to the commencement of demolition/bulk excavation and must remain in place and maintained until the issuing of an Occupation Certificate.
(13) Safety and security night lighting shall be provided for the development with such details being incorporated in the amended landscape plan to be submitted to Council for approval prior to the issuing of a Construction Certificate.
(14) All external balustrades shall be of solid construction or of opaque glazing, and to have a minimum height of 1.2m measured from the ground/balcony/terrace floor level. This height is to be satisfied notwithstanding 1m height identified in the Building Code of Australia (BCA).