blue mountains city council ordinary meeting index · works at burke road, linden - contract ts...

BLUE MOUNTAINS CITY COUNCIL

ORDINARY MEETING

26 OCTOBER 1999

INDEX

MINUTE FILE REFERENCENO. NO. SUBJECT PAGE NO.

538 C00336 Confirmation of Minutes - Ordinary Meeting, 12/10/99 1

539 C00576 Membership - Blue Mountains Sister Cities Committee 2

540 H00984 Blaxland Skate Park Site SelectionPt 2 2

541 C00944 Community Assistance/Donations - Recommendations by Councillors 4

542 C01900 September Quarter Review of Management Plan 4543 X98/0905 Development Application No. X98/0905 for

Redevelopment of the Katoomba Golf Course, Corner Narrow Neck Road, Cliff Drive and Acacia Street, Katoomba, Including Construction of a 120 Room Hotel, Construction of 102 Residential Units, Alterations to the Clubhouse, Alterations to the Golf Course and Subdivision of the Land Into Five Lots 5

544 X99/0754 Review of Development Application for Conversion of Existing Squash/Fitness Centre to Residential Units and a Commercial Unit at Lot 203, DP 566316, No. 32-34 Springwood Avenue, Springwood 29

545 X99/1187 Development Application No. X99/1187 for a Three (3) Suite Bed and Breakfast Establishment on Lots 8 & 9, DP 3977, No 8-12 East View Avenue, Leura 35

546 X99/0961 Development Application No. X99/0961 for a Colorbond Feed Shed on Lot 7, DP 865193, 91-99 Mount York Road, Mount Victoria 38

547 C00783 Financial Reports for the Year Ended 30 June 1999 38548 H00680 Plan of Management - Weroona Park, Woodford 39549 R08/0350 Proposed Acquisition of Land for Road Widening

Purposes - Part Lot 211, DP 791964, No. 50 Letitia Street, Katoomba 39

550 C03152 Construction of New Rural Fire Station and Associated Works at Burke Road, Linden - Contract TS 09/99 39

551 H00114 Town Entry Signs - Anti-Badgerys Creek Airport Logo 40552 C00336 Procedural 40553 C00336 Public Participation at Council Meetings - Speaking

to Notices of Motion 40

554 C00680 Precis of Selected Correspondence, 26/10/99 41


ORDINARY MEETING

26 OCTOBER 1999

INDEX - PAGE 2

MINUTE FILE REFERENCENO. NO. SUBJECT PAGE NO.

555 Item 2 - Precis of Selected Correspondence, 26/10/99 - Mr A Gordon, General Manager, Pittwater Council 42

556 Item 5 - Precis of Selected Correspondence, 26/10/99 - VHR May, General Manager, Mosman Municipal Council 42

557 C00336 Procedural - Question that Meeting Adjourn 43

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Minutes of the Ordinary Meeting of the Council of the City of Blue Mountains held in theCouncil Chamber, Administrative Headquarters, Civic Place, Katoomba on Tuesday, 26October 1999, commencing at 7:34 pm.

* * * * * * * * * *

There were present:

The Mayor (Councillor Jim Angel) in the Chair, and Councillors Burridge, Egan, Gaul,Greenhill, Hamilton, Henson, Kime, Kozelj, Myles, Searle, Van der Kley.

* * * * * * * * * *

In attendance:

General Manager, Group Manager Assets and Corporate Services, Group Manager Health andDevelopment, Group Manager Strategic Planning, Group Manager Operations, ExecutiveServices Manager, Manager, Social and Cultural Planning, Area 5 Manager, Youth ServicesOfficer, Manager Development Team West, Manager Development Team East, Legal Co-ordinator and Executive Assistant.

* * * * * * * * * *

Prayer / Reflection:

The Prayer / Reflection was read by the Mayor.

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MINUTE NO. 538

C00336. Confirmation of Minutes - Ordinary Meeting, 12/10/99

RESOLVED UNANIMOUSLY on the MOTION of Councillors Hamilton and Egan that theMinutes of the Ordinary Meeting of 12 October 1999 be confirmed.

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MINUTE BY MAYOR, 26/10/99

MINUTE NO. 539

1. C00576. Membership – Blue Mountains Sister Cities Committee

RESOLVED UNANIMOUSLY on the MOTION of Councillors Kime and Greenhill:

1. That Council re-appoint Mr Kerry Kime, Mrs Petra Graham, Ms Karen Petley,Mrs Chris Wenman, Miss Alice Wenman, Mr Garry Hodson, Mr Tim Hewitt,Mr Bob Powter, Mrs Marion Crossman, Mrs Wendy Toulmin, Mrs DeirdrieMadden and Mr John Bentley as members of the Blue Mountains Sister CitiesCommittee.

2. That Council appoint Mr Michael Neall, Mr John Derum and Mr Peter Gibsonas additional members of the Committee.

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OFFICERS’ REPORTS, 26/10/99

MINUTE NO. 540

2. H00984 Pt 2. Blaxland Skate Park Site Selection

A MOTION was moved by Councillors Henson and Greenhill that Council hear from all 8speakers in respect of this item.

Upon being PUT to the meeting, the MOTION was CARRIED, the voting being:

For Against

Councillors Angel Councillor KimeBurridgeEganGaulGreenhillHamiltonHensonKozeljMylesSearleVan der Kley

The Council was addressed by Joedy Cooper, Maria Hartley, Kevin Frappell, Jesse Hogan,Ralph Maples, Roger Grealy, Jenny Vanderweld and Merv Savage.

MINUTE NO. 540 (CONTD.)

A MOTION was moved by Councillors Burridge and Kime:

1. That Council confirms the St Johns Road, Blaxland Oval site as the designatedsite for the proposed skating development for the Lower Blue Mountains.

2. That Council staff convene a meeting with the immediately affected residents toobtain their input into the design of the skating development to ensure that theirconcerns are taken into consideration.

3. That following the meeting with residents, final design plans be prepared and aDevelopment Application lodged for the proposed skating development.

4. That plans for the upgrade of St Johns Road and Blaxland Oval RecreationPrecinct in relation to the streetscape, road works, car parking, pedestrian andcycleway access be prepared in consultation with immediately adjoining residentsand current user groups of the recreational facility and that the costings andtimelines for the improvements be reported back to Council.

5. That Council establish a user management group for the Blaxland Skate Park.

6. That issues relating to Native Title, access for the Riding for Disabled, railwayfences and toilets, be taken into consideration.

An AMENDMENT was moved by Councillors Egan and Greenhill that the decision to selecta site for a Skate Board facility in the Blaxland area be deferred until the next CouncilMeeting.

Upon being PUT to the meeting, the AMENDMENT was LOST, the voting being:

For Against

Councillors Egan Councillors AngelGreenhill BurridgeKozelj GaulMyles HamiltonSearle Henson

KimeVan der Kley



For Against

Councillors Angel Councillors EganBurridge GreenhillGaul KozeljHamilton MylesHenson SearleKimeVan der Kley

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MINUTE NO. 541

3. C00944. Community Assistance/Donations - Recommendations by Councillors

RESOLVED UNANIMOUSLY on the MOTION of Councillors Hamilton and Kime thatCouncil approve the following donations from the Councillors’ Minor Local ProjectsVote:-

Organisation Amount

Fusion Youth Mountains Mobile Youth Café $250Mountains Community Transport Inc $700St Finbar’s Primary School $150

* * * * * * * * * *

MINUTE NO. 542

4. C01900. September Quarter Review of Management Plan

RESOLVED UNANIMOUSLY on the MOTION of Councillors Egan and Greenhill that theGeneral Manager’s report incorporating the document titled 1998/99 Management PlanActions be noted.

* * * * * * * * * *

MINUTE NO. 543

5. X98/0905. Development Application No. X98/0905 for Redevelopment of theKatoomba Golf Course, Corner Narrow Neck Road, Cliff Drive and Acacia Street,Katoomba, Including Construction of a 120 Room Hotel, Construction of 102Residential Units, Alterations to the Clubhouse, Alterations to the Golf Course andSubdivision of the Land Into Five Lots

The Council was addressed by Desmond Barrett, David Turner, Bill Pattinson and LindaThomas.

A MOTION was moved by Councillors Egan and Kime:

1. That the report prepared by Ingham Planning be received.

2. That in accordance with the recommendation made by Ingham Planning,Development Application No X99/0905 for the redevelopment of the KatoombaGolf Course, corner Narrow Neck Road, Cliff Drive and Acacia StreetKatoomba, including construction of a 120 room hotel, construction of 102residential units, alterations to the clubhouse, alterations to the golf course andsubdivision of the land into five lots, be approved pursuant to Section 80 of theEnvironmental Planning and Assessment Act by the granting of DeferredCommencement Consent subject to the conditions set out in Attachment 2 to thisReport.

3. That the General Manager be given Delegated Authority to:

a) issue Operational Development Consent upon resolution of theDeferred Commencement Conditions; and

b) modify the terms of the proposed Operational Conditions asdetailed in Attachment 2 if considered necessary as a result of theapplicant satisfying the deferred matters.

Attachment 2

PROPOSED CONDITIONS OF DEFERRED DEVELOPMENT CONSENT

A. The Deferred Commencement consent is subject to the applicant, within a periodof twelve months from the date of the endorsement of the DeferredCommencement Consent, producing evidence to the Council sufficient to enablethe Council to be satisfied that the applicant has taken the action and secured theapprovals specified below, if necessary. Only after Council has been so satisfied,will formal operational consent issue. The Deferred Commencement conditionsare the following:

1. A licence pursuant to the Protection of the Environment Operations Act,1997 from the Environmental Protection Authority (EPA), in regard toconstruction works, is to be obtained where necessary.


Attachment 2

2. An amended Water Quality Control Plan and supporting documentationclearly detailing the measures for maintaining water quality during boththe construction and operational stages of the development shall besubmitted for Council approval. This information shall include or haveregard to the following:

a) details of any proposed clearing, earthworks, replanting, sedimentcontrol measures and site works and provide details ofamelioration measures to minimise the impact upon the existingwetland (hanging swamp) areas;

b) Detailed design plans for the water quality control ponds preparedby a suitably qualified person. A detailed geological andhydrogeological investigation of the site is to be carried out prior tothe detailed design of the water quality control ponds. The waterquality control ponds are to be designed to Council’s and EPAsatisfaction, with the goal that the quality of water after treatmentin the ponds is at least equal to the pre-development water qualityin the natural watercourse at the downstream limit of the subjectsite. The water quality parameter to be used as a design basis forachievement of the goal shall be total phosphorous. The adoptedtarget percent capture of total phosphorous in the water qualitycontrol ponds must be acceptable to Council and the EPA.

c) sediment control measures for construction stage shall be designedin accordance with the Department of Housing document ‘UrbanStormwater, Soils and Construction’, 3rd edition (August 1998);

d) design of operational stage should be consistent with anyStormwater Management Plan for the catchment. Where aStormwater Management Plan has not yet been prepared theScheme should be consistent with the guidance contained inManaging Urban Stormwater Council Handbook (available fromthe EPA);

e) design average recurrence interval (ARI) of the rainfall for designof sediment control measures should be 20 years unless otherwiseagreed in writing by Council;

f) details of the locations of all temporary and permanent structuresand setting out the responsibilities of all personnel for soil andwater management at the site;

g) soils investigations, testing and analysis, detailing materialavailability and suitability, especially for construction of the waterquality ponds;


Attachment 2

h) it may be required that the water quality control ponds are to beclay lined to provide an impermeable layer. This matter is to beresolved through discussion with the Department of Urban Affairsand Planning, the Department of Land and Water Conservationand the Environment Protection Authority. A letter from eachauthority indicating an agreed position on this matter shall beprovided to Council. If required, the detail of this construction andthe implications of sealing the basin walls on the distribution ofwater to the hanging swamp directly downstream are to beprovided;

i) details of the storm-flow diversion works, spillways and energydissipaters;

j) details of sediment retention pond(s) must be provided to containor treat surface water runoff from all areas subject to earthmovingactivities including:-i) the movement of heavy vehicles,ii) the stockpiling of any material or waste,iii) areas cleared of vegetation, or other areas disturbed in any

way by the development;k) unless otherwise approved in writing by the EPA, each sediment

pond must be constructed prior to the commencement of any siteclearing or construction works within its catchment other thannecessary for the installation of the pollution controls works;

l) unless otherwise required by the conditions of this consent, allerosion control and pollution control measures, facilities and worksmust be constructed and installed as specified in the documentationand plans submitted in support of the development application;

m) the wastewaters that are permissible to be discharged must notcontain more than 50 milligrams per litre of non-filtrable residue;

n) removed topsoil should be stockpiled for reuse. Details of thesestockpiles and the method of protection are to be provided;

o) details of any fill required to be removed from the site shall beprovided including the proposed location for placing this material.

3. Detention Storage for stormwater runoff is to be provided on-site inconjunction with the drainage system. Details of the stormwater drainageand disposal system prepared by a suitably qualified hydraulic consultantshall be submitted to Council for approval. Storage requirements tomaintain peak flow rates at or below pre-development levels are to becalculated for the range of storms (3 month, 1, 5, 10, 20, 50, 100 year ARI).Provision is also required for an overland flow path escape route.

In this regard, the system shall be designed by an Engineer withqualifications and expertise recognised by the Institution of EngineersAustralia as being adequate for the purpose.


Attachment 2

Documentation shall include all computations and design assumptionsused to size the detention storage and associated inlet/outlet works.

4. In order to demonstrate that the provision of a roundabout and associatedworks can be provided at the northern access to the site off Narrow NeckRoad, and that the entries to the service area and hotel turning circle(porte cochere) at the main access road are satisfactory for the designvehicles, a detailed engineering design of the subject intersectiontreatments and connecting roads, prepared by a traffic engineer or othersuitably qualified person, is to be submitted to Council for approvaladdressing and/or including but not limited to the following:a) Design vehicles are to be 14.5m coach for the main internal access

road, 12.5m large rigid truck for the service road and 14.5m coachand 17m semi trailer for Narrow Neck Road. The design is to beverified by computer generated turning paths for these designvehicles.

b) The provision of 30m minimum distance from the outer circle ofthe proposed roundabout to the egress lane of the service vehicleaccess road. This is to be measured along the centre line of themain access road.

c) The prevention of vehicle to vehicle conflict, especially coach tocoach conflict.

d) Minimising the impact on vegetation.e) Coaches being able to left turn from the main access road into

Narrow Neck Road without crossing the road centre line intooncoming traffic.

f) Vehicle movements being confined to the correct side of the road.

In regard to (d) above, if the detailed plans in accordance with thiscondition indicate, in the opinion of Council, excessive tree loss, analternative design will be required to be submitted.

5. A detailed report, including location plans, cross sections, existing andproposed ground levels etc, is to be prepared and submitted to Council bya landscape architect or other suitably qualified person in relation to theprovision of a footpath, having a minimum width of 1.2 metres, along thefrontage of the site extending from the junction of Glencoe and NarrowNeck Roads to the golf clubhouse.

The footpath is to be designed and located to minimise the impact on treesboth within the development site and in Council’s road reserve. In thisregard construction methods other than concrete may be suitable.

The design should accommodate access for people with impaired mobility,if possible.


Attachment 2

Preference must be given to locating the footpath within the road reserveon the eastern side of Narrow Neck Road/Cliff Drive/Acacia Street, wherepossible. Where the presence of trees, topography etc necessitates thefootpath being located partly or wholly within the development site, theland shall be dedicated as public road or an easement for public accessgranted over the land affected at no cost to Council.

If locating and constructing the footpath as described above significantlyimpacts on the existing vegetation on the eastern side of Narrow NeckRoad/Cliff Drive/Acacia Street it is to be relocated to the western side ofthe above roads or elsewhere within the site. In this regard any proposalto relocate the facility must be suitably justified and be to Council’ssatisfaction.

6. The design of the Hotel and Golf Club House buildings is to be amendedto comply with the provisions of the Disability Discrimination Act 1992.In this regard copies of the amended plans are to be submitted to Council.In particular, the plans shall address but not necessarily be limited to:

i) Hotel Building:a) Provision of sanitary facilities for use by disabled persons

on the ground floor Level 3;b) Provision of dignified access for persons with disabilities to

all public areas on Level 2;c) Provision of uni-sex sanitary facilities on Level 2; andd) Details of units suitable for use by disabled persons

ii) Golf Club House:a) Provision of sanitary facilities for use by disabled persons at

ground floor level;b) Provision of access for persons with disabilities to all public

areas on the ground floor;c) Provision of access for persons with disabilities to all public

areas on the lower ground floor; andd) Provision of access for persons with disabilities from the

public areas to the sanitary facilities on the lower groundfloor.

iii) Residential Units:Details of units intended to be capable of being adapted for use bypersons with disabilities.


Attachment 2

Furthermore the plans are to be accompanied by a report or statementprepared by an architect demonstrating how the development complieswith the provisions of the Disability Discrimination Act 1992. Such reportmay include a copy of the plans indicating facilities, paths of travel etc foruse by disabled persons.

7. Details are to be provided and approved by Council demonstrating themanner in which the ongoing monitoring and maintenance of the waterquality control system can be ensured and how the responsibilities forsuch will be shared by the owner of each of the proposed lots.

8. The hotel development shall be provided with a minimum of 170 carspaces. Any spaces required not indicated on the approved plans shall belocated below ground and shall not adversely impact on existingvegetation. Plans showing the proposed location of the additional spacesshall be submitted to Council.

PROPOSED CONDITIONS OF OPERATIONAL CONSENT

B. The following conditions of consent will become effective only when therequirements of A above have been satisfied.

General Conditions

1. To confirm and clarify the terms of Council’s approval, the developmentshall be carried out in accordance with the approved stamped plans:

a) prepared by John Bruce Taylor & Partners numbered A-DA01Amd B dated Jan 1995, A-DA02 Amd B dated June 1995, A-DA03Amd C dated June 1995, A-DA04 Amd C dated June 1995, A-DA05 Amd C dated Jan 1995, A-DA06 Amd C dated Jan 1995, A-DA07 Amd B dated June 1995, A-DA08 Amd C dated June 1995,A-DA09 Amd C dated Jan 1995, A-DA10 Amd B dated June 1995,A-DA11 Amd B dated June 1995, A-DA12 Amd B dated June 1995,A-DA13 Amd B dated June 1995, A-DA14 Amd B dated June 1995,A-DA15 Amd B dated June 1995, A-DA16 Amd B dated June 1995,A-DA17 Amd B dated June 1995, A-DA19 Amd A dated Jan 1995,A-DA20 Amd A dated Jan 1995, A-DA21 Amd C dated June 1995,A-DA22 Amd A dated Jan 1995, A-DA23 Amd A dated Jan 1995,A-DA24 Amd A dated Jan 1995, A-DA25 Amd A dated Jan 1995and A-DA28 Amd B dated Jan 1995;

b) prepared by Pittendrigh, Shinkfield & Bruce numbered L-O2 AmdB dated June 1995, L-O5 Amd A dated June 1995;

c) prepared by GB Meyer & Associates numbered 167/90/13 dated 27June 1995 and 167/90/15 dated 4 March 1999;


Attachment 2

d) prepared by Golf Design Australia - Stirling-Hodson, Mapsnumbered 1, 2, 3A & 4A dated June 1995.

and any supportive documentation submitted with or in support of thesubject development application, including but not limited to, the“Coordinated Information to accompany development application -August 1999”; Flora and fauna assessment under Section 5A of theEnvironmental Planning and Assessment Act, 1979 by GunninahEnvironmental Consultants dated October 1999; and the Traffic Reportdated July 1999 and additional information dated August 1999 andSeptember 1999 by Egis Consulting.

2. Part B of this deferred commencement consent (the operationalconditions) is effective from the date on which Council advises in writingthat all matters covered by Part A have been satisfied (Endorsement Dateof Consent).

Pursuant to Section 95 of the Environmental Planning and AssessmentAct, 1979, the development must physically commence on the land within5 years of the Endorsement Date.

3. No building works are to be carried out until a Construction Certificate isissued by Council or an accredited certifier.

4. Where relevant, the use of buildings shall not commence until after anoccupation certificate is issued by the Principal Certifying Authority.

5. Council will not approve more than 80 dwellings on proposed Lots 2 & 3combined, until such time as proposed Lot 1 has been developed with atourist facility containing at least 40 bedrooms or suites.

6. Notwithstanding any other matter contained in this development consent,apart from the central main hotel building, no development shall extend inheight closer than 2.5 metres below the adjacent tree canopy as viewedfrom any location external to the site. Sufficient sections shall besubmitted with the Construction Certificate to demonstrate therelationship of the proposed buildings to the relevant canopy height and tothe ground surface levels as at 1 January 1995. All sections should showthe canopy height plane and the ground surface levels as at 1 January,1995 and the proposed finished ground surface levels for distances of, atleast, 10 metres on every side of the proposed building, in accordance withthe Clause 11(d)(i) & (ii) contained in the DCP for the site.

7. No component of the hotel is to be used for permanent or semi-permanentaccommodation.


Attachment 2

8. No residential dwelling is to be used as a serviced apartment, touristaccommodation, or short-term accommodation.

Parking and Access

External

9. a) The southern access drive is to be provided with a four legintersection incorporating a roundabout control at the junction ofAcacia Road/Cliff Drive. The design should be generally inaccordance with the concept plans prepared by Egis ConsultingFigure 11 dated September 1999 and in close liaison with Council.In particular attention is drawn to the need to maintain access tothe property (Megalong Lodge) on the south-eastern corner of theCliff Drive/Acacia Street junction.

b) The northern access drive and roundabout is to be constructed inaccordance with Council’s approval of the DeferredCommencement Condition No. 4.

c) The design shall incorporate but not be limited to provision of thefollowing:i) street/fog lighting;ii) signs and markings;iii) kerb & guttering, median kerbs and medians;iv) sealed pavement and pavement correction;v) drainage and drainage correction;vi) provision of adequate sight distance;vii) landscaping and watering. In this regard the landscaping is

to provide a screen to protect the residential lots oppositethe intersection from visual and headlight intrusion;

viii) any necessary works to make the construction effective;ix) The minimum design vehicle is to be a 14.5 metre coach and

a 17 metre articulated vehicle. The design is to be verifiedby computer generated turning movements of the designvehicles.

10. The current on-street 90° angled parking area along Acacia Street, within60 metres of its junction with Cliff Drive, shall be removed and replacedwith formalised kerb, guttering and footpath from the driveway in AcaciaStreet serving the clubhouse to the proposed roundabout serving theproposed residential development at the developer’s full expense.

11. The construction of a heavy vehicle layback and apron threshold crossingat the entrance to the golf club off Acacia Street.


Attachment 2

12. The provision of a minimum paved carriageway width of 7.0 metres alongNarrow Neck Road and Cliff Drive for the whole frontage of the site.

13. a) Before work is commenced on site a traffic management planreport prepared by a qualified person is to be submitted to and approvedby Council.

b) Safety devices such as signs, barricades, barriers, warning lights,etc. shall be placed where works affect Council roads and shall bein accordance with Australian Standard 1742 – “Manual ofUniform Traffic Control Devices” and RTA Manual – “TrafficControl at Work Sites 1998”. Details prepared by a qualifiedperson shall be submitted to Council for its approval with thetraffic management plan report.

c) The contractor shall submit to Council the names of proposedtraffic controllers with a signed declaration that they areappropriately trained in the duties of traffic controllers and RTAaccredited.

d) All damage caused by construction traffic is to be made good bythe applicant. In this regard, this includes damage in Council’sRoads.

14. Any relocation or alteration of public utilities or any existing servicesmade necessary as a result of this development is to be carried out at nocost to Council, with satisfactory arrangements being made with theauthority concerned and a certificate of clearance obtained from eachrelevant authority.

15. An on-site meeting is to be arranged with Council’s Supervision Engineerprior to commencement of work in Council’s Road.

16. All contractors working in the road reserve shall be covered for worker’scompensation insurance and public liability insurance to the amount of$10million. The policy shall specifically indemnify Council from all claimsarising from the execution of the works. Written evidence of thisinsurance shall be supplied to Council’s Supervising Engineer at the pre-construction meeting.


Attachment 2

17. The payment to Council of a maintenance bond to the value of five (5)percent of the engineering construction or a minimum of $20,000,whichever is the greater, to guarantee the safety of the public,environmental protection and maintenance of Council’s road reserveduring construction and for (6) months after construction is completed toCouncil’s Engineer’s satisfaction. The bond is to be paid prior to the on-site pre-construction meeting.

18. The provision of a bus stop with an appropriate layback and shelteradjacent to the hotel development site in Narrow Neck Road, prior to theoccupation of the hotel development. Details of the bus stop are to besubmitted and approved by Council prior to the release of theconstruction certificate for the hotel.

19. All the external engineering works are subject to engineering design. Allthe works are to be in accordance with Council’s Specification forEngineering Works for Subdivision and Development Part1 Design andPart 2 Construction.

The design and construction is to include any necessary retaining walls,drainage and works to make the construction effective. In this regard theprovision of adequate sign posting and markings is to be addressed at theentries and exits to the site.

Before work commences and the issue of the construction certificate plansand specifications are to be submitted to and approved by Council underthe Roads Act 1993.

Approval of the engineering designs by Council is subject to the paymentof the prescribed Engineering Development Fees at the time of lodgement.

20. Scour protection and siltation control measures to Council’s satisfactionare to be implemented for all external works.

21. All disturbed earthworks and or batters are to be restored, stabilised,topsoiled and turfed/revegetated. Batters are not to be steeper than 3H to1V otherwise retaining walls are to be provided.

22. The external works required above will be completed at no cost toCouncil.

Internal

23. The residential development shall be provided with a minimum of 137 carspaces.


Attachment 2

24. The golf club is to be provided with a minimum of 59 car spaces.

25. All vehicles must enter and leave the site in a forward direction.

26. The provision of kerbs, concrete roll top kerb and gutter and theformation, paving and sealing, kerb to kerb, of the proposed roads,turning areas and car parking areas (including revised existing parkingareas) in the development site, together with any necessary drainage,retaining walls and works to make the construction effective. All roadverge areas and exposed earthworks adjacent to the kerb and gutter shallbe topsoiled with 50mm of approved loam and turfed.

27. All car parks are to be clearly signposted and line marked.

28. a) A sealed pedestrian and golf buggy path shall be provided to theeast of the proposed residential unit development linking theclubhouse to the hotel.

b) A concrete footpath 1.2m wide in a featured surface is to beconstructed along the full length of the main access road on thewestern side.

29. The width of the internal road connecting the hotel to Narrow Neck Roadis to have a minimum carriageway width of 7.5m subject to the outcomesof the Deferred Commencement conditions. The remainder of the internalaccess road from the hotel to Acacia Street is to have a minimumcarriageway width of 6.5m. However, the road is to be widened toaccommodate the swept path of coaches particularly to ensure that theykeep to the correct side of the road especially in curves and intersections.Vehicle to vehicle conflict is to be avoided.

30. All internal roads, car parking areas and service areas and ramps are tobe designed in accordance with Australian Standards AS2890.1 andAS2890.2, RTA Guide to Traffic Generating Developments and the BCA.Particular attention is to be made to transition gradient requirements andheadroom dimensions especially at coach and service vehicle parking /manoeuvring locations. Particular attention is to be made to therecommendation of the Traffic Report prepared by Egis Consulting datedJuly 1999 as amended by Appendix D dated 10 September 1999. Alsoprovision is to be made for two way traffic in the minor roads at the mainaccess road junction.

31. The circulating roadspace within the porte cochere shall be designed inaccordance with the dimensions shown in the Traffic Report prepared byEgis Consulting dated July 1999 as amended by Appendix D dated 10September 1999.


Attachment 2

32. 90° angled parking on the internal road shall not be located opposite theaccess road serving the basement car parks.

33. The driveway serving the golf course clubhouse from Acacia Street,facilitating all vehicular entry and exit movement, shall be 6 metres inwidth and should not be located within 60m of the junction of AcaciaStreet/Cliff Drive. The layout should generally conform to the accessarrangements shown in the Traffic Report prepared by Egis Consultingdated July 1999 as amended by Appendix D dated 8 September 1999.Further the intersection should be designed and located to ensureadequate sight distances in accordance with AS 2890.1.

34. The loading dock and turning provisions serving the hotel and clubhouseshall be restricted to vehicles no larger than a large ridged truck withlengths up to 12.5 metres as recommended in the Traffic Report preparedby Egis Consulting dated July 1999 as amended by Appendix D dated 8September 1999. Accordingly the dimensions of the facilities are toaltered as recommended in the report.

35. The access from the clubhouse car park to the internal road on proposedLot 3 is to be used for egress only.

36. Deliveries to the golf club shall be restricted to non-peak periods beingMonday to Friday between the hours of 7.00am and 5.00pm.

37. The provision of traffic calming devices, traffic controls, signs andmarkings as determined by engineering design.

General Engineering

38. a) All internal engineering works required by this development are tobe in accordance with Council’s Specification for EngineeringWorks for Subdivisions and Developments Part 1 Design and Part2 Construction. The design and construction is to include anyadditional works to make the construction effective. Design plansand specifications are to be submitted with the ConstructionCertificate.

b) i) The work shall be supervised by a qualified Civil Engineer,Surveyor or Civil Engineering Foreman.

ii) A certified and approved “Works as Executed” Plan of allthe engineering works is to be submitted to Council.


Attachment 2

c) The design of all engineering structures shall be certified by achartered engineer (NPER-3 Registered) for the appropriatestructure as conforming to the relevant standards and loadcapacities.

The construction of these structures is to be supervised andcertified by a chartered engineer (NPER-3 Registered) asconforming to the approved design and load capacities.

The former certification is to be submitted with the ConstructionCertificate.

The latter certification is to be provided prior to the OccupationCertificate.

d) i) Before work is commenced on site a traffic managementplan report prepared by a qualified person is to besubmitted to and approved by Council

ii) Safety devices such as signs, barricades, barriers, warninglights, etc. shall be placed where works affect Council roadsand shall be in accordance with Australian Standard 1742 –“Manual of Uniform Traffic Control Devices” and RTAManual – “Traffic Control at Work Sites 1998. Detailsprepared by a qualified person shall be submitted toCouncil for its approval with the traffic management planreport.

The contractor shall submit to Council the names ofproposed traffic controllers with a signed declaration thatthey are appropriately trained in the duties of trafficcontrollers and RTA accredited.

All damage caused by construction traffic is to be madegood by the applicant. In this regard, this includes damagein Council’s Roads.

39. All disturbed earthworks and or batters are to be restored and stabilised.All batters are to be no steeper than 30%.

Subdivision

40. Any part of the development site needed for the construction of Publicroadworks shall be dedicated as public road at no cost to Council.


Attachment 2

41. To ensure satisfactory effluent disposal and utility services are provided toall lots in the subdivision, a Certificate of Compliance from Sydney Wateris to be submitted to Council indicating that reticulated sewer and watercan be made available to Lots 1, 2 and 3 and are available to Lots 4 and 5in the subdivision.

42. A pedestrian pathway 3m wide containing a sealed footpath at least 1.2mwide shall be provided from Narrow Neck Road to the golf course, and isto be located generally between proposed Terrace Buildings 2 and 3, andbetween Terrace Building 8 and Townhouse 1. An appropriate easementin the terms for public access under Section 56 of the Crown Lands Act isto be created over this pathway. The final location of the pathway is to besubject to agreement by the Council.

Construction of the sealed footpath need not be completed prior to therelease of the final plan of subdivision, in which case a performance bondof $5,000.00 to cover the expected cost of the work is required prior torelease of the final plan.

43. All electricity and telephone reticulation services on the land shall beeffected by means of cables placed below ground.

44. To ensure services/access essential to the development are made available,the following documentation, including survey plans and instruments shallbe submitted to Council, prior to release of the final plan of subdivision(linen Plan):

a) Instrument under Section 88B of the Conveyancing Act 1919 tosecure vehicular and pedestrian access arrangements as shown inthe application or amended by this consent. The instrument shallprovide that any variation or relinquishing shall only occur withthe consent of Blue Mountains City Council;

b) The creation of a three (3) metre wide easement in favour ofCouncil to drain water over all existing stormwater pipelines andover proposed stormwater pipelines draining through proposedLots 1, 2 and 3 from Cliff Drive, Narrow Neck Road and GlencoeRoad;

c) Instrument under Section 88E of the Conveyancing Act 1919 tosecure a Restriction as to User over proposed Lots 1, 2 and 3 forthe protection and maintenance of existing natural vegetationincluding the exclusion of exotic species within 12 metres of thepublic road on proposed Lots 1, 2 and 3.


Attachment 2

d) Instrument under Section 88E of the Conveyancing Act 1919 tosecure a Restriction as to User over proposed Lots 1, 2, 3, 4 and 5for the monitoring and maintenance of the water quality controlsystem on proposed Lot 5.

45. That part of the site located within the existing or proposed new alignmentof Narrow Neck Road/Cliff Drive, including a road reserve of appropriatewidth as nominated by Council, is to be dedicated as public road. Suchdedication is to be at no cost to Council.

46. Provision of easements to drain water over the inter-allotment drainagelines within the site.

47. The final Plan of Subdivision is to show all road dedications, rights ofcarriageways, positive covenants, Restrictions as to Users and easementsrequired by other conditions of this development consent.

48. An application for a subdivision certificate is required on completion ofthe conditions of development consent relating to the subdivision. Theapplication is to be lodged with Council as the consent authority. Theapplication should include the original plan of subdivision plus 5 copies.

Landscaping/Environmental

49. No site works are to commence until an appropriately qualified engineercertifies to Council’s satisfaction that the water quality control measuresto be implemented prior to this stage as detailed in documentationapproved pursuant to deferred commencement condition 2, are in place.

50. A Construction Certificate for development on proposed Lots 1, 2, 3 or 4shall not be issued until an appropriately qualified engineer certifies toCouncil’s satisfaction that the water quality control system forconstruction stage is completed in accordance with the documentationapproved pursuant to deferred commencement condition 2.

51. Sediment traps, settling ponds, filters, cut-off drains and other soilconservation measures shall be maintained in efficient working conditionto Council’s reasonable satisfaction throughout the construction work.

In this regard, a bond to the value of $5,000.00 is to be lodged withCouncil prior to the issue of a Construction Certificate to ensure:


Attachment 2

i) All silt and sediment control measures are installed andmaintained; and

ii) There is to be no transmission of material, soil etc. off the site andonto the public road and/or into the drainage systems and/or intothe swamps on the site.

Such bond will be refundable upon completion of the entire development,less any money required to reimburse Council for costs incurred shouldCouncil need to maintain silt and sediment control measures or removesoil etc from the public road and/or drainage systems.

52. An Occupation Certificate for development on proposed Lots 1, 2, 3, 4 or5 shall not be issued until an appropriately qualified engineer certifies tothe Principal Certifying Authority’s satisfaction that the water qualitycontrol system for operational stage is completed in accordance with thedocumentation approved pursuant to deferred commencement condition2.

53. A Water Quality Control Monitoring and Maintenance Plan, prepared byan environmental scientist or other suitably qualified person, shall bedeveloped and implemented for the entire water quality control systemand shall address but not be limited to:

• Monitoring sites;• Frequency of inspection and testing;• Parameters to be tested;• Reporting format;• De-silting of ponds;• Harvesting of the bio-mass;• Provision for supplementary planting;• Duration of monitoring program;• The nature of event driven monitoring and maintenance including;

∗ weekly inspection and inspection prior to a predicted rain event.Minor repairs are to be made as required to ensure the integrity ofall sediment and erosion control devices is maintained;

∗ dredging after significant runoff events or when the volume ofwater exceeds a depth of 0.6m. The sediment will be disposed of inaccordance with the requirements of the EPA;

∗ where the capacity of the basin is likely to be exceeded by a comingrain event, the storage volume of the basin is to be pumped into anatural watercourse, only after the effluent is deemed suitable fordischarge from the site. Suitability will be determined by testing ofturbidity and nutrient levels.


Attachment 2

• Target goals for water quality;• Contingency plans in the event the water quality targets are not

achieved; and• Details of personnel responsibilities.

Details of the Proposed Water Quality Control Monitoring andMaintenance Program are to be submitted to and approved by BlueMountains City Council, the EPA, Department of Land and WaterConservation and Sydney Catchment Authority

In this regard, letters shall be obtained from each agency/authorityapproving the Program prior to issue of any Construction Certificate.

54. A Landscape Management Plan or Plans for the golf course andclubhouse and the residential and hotel developments shall be prepared bya suitably qualified turf scientist or soil specialist and approved byCouncil. An appropriate management plan should aim at minimisingfertiliser application by maximising efficiency. The plan should show thefollowing:

a) landscaping;b) indication of areas to be fertilised and frequency and likely

application rates;c) type of fertiliser to be used (the choice of fertiliser should match

actual requirements);d) method of determining fertiliser requirements (this should be

based on monitoring 3 to 4 times per year);e) use of chemicals (pesticides, weedicides etc) in landscaped and turf

areas;f) means of controlling runoff (all runoff from the fertilised areas

must pass through the water quality control ponds and/or berecycled on the course for irrigation);

g) means of treating run-off from hard stand areas to control oil andgrease and other particulates from entering the stormwaterdrainage system;

h) means of protecting groundwater.i) maintenance programs; andj) responsibilities and enforcement.

55. A fully detailed Landscape Plan (or Plans) for the entire development,prepared by a qualified landscape architect shall be submitted to andapproved by Council prior to issue of the Construction Certificate. Thisplan shall include, but not be limited to the following:


Attachment 2

a) the deletion of the easterly tee on the 15th hole shown on Map No.4A prepared by Golf Design Australia - Stirling-Hodson datedJune 1995;

b) details of all trees covered by Council’s tree preservation order andother significant vegetation (including vegetation discussed in theapplicant’s flora and fauna reports) and an indication of trees to beremoved or retained. Such details should specify height, canopyspread, species and methods of protecting existing trees to beretained during construction;

c) full details of proposed planting. In this regard, the use of locallyendemic plant species is required where relevant or reasonable.Species which are invasive, or listed in the NSW Noxious Weeds Act1993, Council’s weeds list or the ‘Bushcare’ weeds list are not to beused;

d) full details of any changes to the existing ground level, includingthe provision of any batter slopes and/or retaining walls necessary;

e) details indicating compliance with Clause 69(3)(a) of BlueMountains LEP No 4, including any works required as conditionsof consent not indicated on the approved plans;

f) details of open space links with surrounding areas as discussed inthe Upper Kedumba River Plan of Management;

g) details to address issues raised in other conditions of this consent;h) accurate definition of the 10 metre buffer required around the

hanging swamps, the type of fencing and its proposed locationaround the central valley area containing the hanging swamps, andthe location of appropriate signage indicating that the area is ‘Outof Bounds’;

i) location of car washing bays, graded and drained to flow over theadjacent landscaped area shall be provided for Lots 2 and 3.

56. A Bush Regeneration Plan, prepared by a suitably qualified person, shallbe developed and implemented for the site. The Plan shall be submitted toand approved by Council prior to commencement of any site works andshall include details of:

a) A program for the eradication of weeds on the site, includingwithin the hanging swamps;

b) a program for the regular inspection of the property to identify re-infestations and for the eradication of those weeds;

c) a maintenance and bush regeneration program for the nativebushland areas retained on the site;

d) the qualifications and experience of persons responsible forimplementing the Plan in relation to works within the hangingswamps.


Attachment 2

57. Hollow-bearing trees or stags should be retained and relocated withinnearby bushland or areas of vegetation to be retained, or provided forbushland regeneration elsewhere (if possible), to provide potential habitatfor small terrestrial fauna.

58. Where hollow-bearing trees and vegetation are to be removed orrelocated, they shall be inspected prior to their removal. If animals arelocated, they should be gently encouraged to leave, or captured for release.Nocturnal animals should be released at dusk. Injured fauna should betransferred to the care of WIRES.

59. All stockpiles and work sites should be located in already cleared orpreviously disturbed areas.

60. Chipped and shredded native vegetation cleared from the site is to be usedas a mulch on areas of bare soil during construction activities. Excessmaterial could be used in rehabilitation of vegetation on the subject site(particularly in the drainage line), or elsewhere in the City .

61. All buildings shall be designed and constructed to comply with theprovisions of Council’s Development Control Plan (DCP) No.26 “Buildingin Bushfire Prone Areas” applicable to a high fire risk area. Details shallbe submitted with the Construction Certificate application, indicatingconsistency with the requirements of Council’s DCP No 26

62. All practicable measures must be undertaken to prevent and minimiseharm to the environment as a result of the construction, operation and,where relevant, the decommissioning of the development.

63. Activities occurring at the premises must be carried out in a manner thatwill minimise emissions of dust from the premises.

64. Trucks entering and leaving the premises that are carrying loads must becovered at all times, except during loading and unloading.

65. Facilities and/or equipment must be provided for the application of waterto disturbed areas to minimise the generation of airborne dust from anyarea disturbed by activities associated with the development.

66. Provision must be made to service and maintain all plant and equipmentpowered by internal combustion engines to ensure that exhaust emissionscomply with the Clean Air Regulations issued under the provisions of theProtection of the Environment Operations Act.


Attachment 2

67. Cleared vegetation must not be disposed of by open burning on site.Disposal must be by transport to a landfill facility, trench burning oftimber using licensed (EPA) equipment (subject to Local Authorityapproval), chipping or mulching for future landscaping usage.

68. In the event that any undisturbed artefactual material derived from theoccupation of the land before European settlement is found, work in thevicinity of that material shall cease until the National Parks and WildlifeService’s Regional Archaeologist is informed of the discovery and itssignificance has been assessed by a competent archaeologist.

69. To enable people to wash their cars without causing a nuisance to othersin the development or to surrounding properties and to minimise theenvironmental impacts of car washing, a designated wash bay area shallbe provided on each of Lots 2 and 3. Such bay shall be provided with a tapand sealed surface. The wash bay shall be drained to a suitablelandscaped portion of the site as shown on the Landscape Plan to besubmitted to Council in compliance with Condition 55.

70. To prevent random clearing of land in contravention of Council’s TreePreservation Order, the landscaping works shall be carried out only inaccordance with the approved landscape detail.

71. To ensure compliance with Council’s Tree Preservation Order andpreservation of existing landscaping features, no trees or native vegetationshall be destroyed or removed from the site without prior consent ofCouncil.

72. The premises shall be used and operated without noise or other nuisance,otherwise action may be taken by Council to regulate the hours ofoperation.

73. No music or other noise being directed out over the footpath of theadjoining street or other public places.

74. Any lighting on the site is to be directed in such a manner so that nonuisance is caused to adjoining properties or to drivers on surroundingstreets.


Attachment 2

75. The sound pressure level LA10, 15 minutes of noise emanating from theconstruction area must not exceed the level of:-

• LA90, 15 minutes + 20 dB(A) for a construction activity period of four(4) weeks or less;

• LA90, 15 minutes + 10 dB(A) for a construction activity period of morethan four (4) weeks and less than six months;

• LA90, 15 minutes + 5 dB(A) for a construction activity period of morethan six months;

when measured within one metre from the boundary of any residential orother noise sensitive premises (such as a school or hospital) or within 30metres from any affected dwelling(s), whichever is the closer to the site.

5dB must be added if the noise is substantially tonal or impulsive incharacter.

76. Any construction activity or other work on the site, including the entryand/or departure of heavy vehicles must be carried out only between thehours:-

• 0700 Hours and 1730 Hours on Mondays to Fridays, and• 0800 Hours and 1500 Hours on Saturdays, and

at no time on Sundays or Public Holidays, except as otherwise providedfor in a written consent issued by the EPA and Council.

77. All fuels, oils and greases must be stored in a properly constructed

bounded area. 78. Waste disposal containers must be provided on site for the collection and

disposal of all industrial and domestic type wastes generated at the site.

Services

79. To ensure that all necessary services are provided to the development andto ensure that these services will function properly:

(a) the Development shall be connected to Sydney Water’s watersupply and sewer prior to occupation

(b) satisfactory arrangements shall be made to ensure water, sewer,electricity and telecommunication services to and within thesubject land. Written evidence of such arrangements shall beobtained prior to issue of any Construction Certificate.


Attachment 2

80. Prior to the commencement of any site works, details of the proposeddevelopment of each approved lot, whether or not a ConstructionCertificate is required, shall be referred to Sydney Water for assessmentof major works charge contribution and issue of the Section 73 certificate.

Building Design & Finishes

81. The development is to comply with the provisions of the DisabilityDiscrimination Act 1992, the Building Code of Australia and AS1428. Inthis regard prior to issue of a Construction Certificate the applicant is tosubmit to Council a statement certifying the development complies withthe provisions of the Act.

82. The swimming pool and spa enclosures in both the hotel and golfclubhouse components of the development shall comply with theprovisions of the Swimming Pool Act and Regulations 1998.

83. All food preparation and storage areas in the hotel and golf clubhousecomponents of the development shall comply with the Food Act and(General) Regulations 1997 and Council’s Food Premises Code.

84. The garbage store room in the hotel shall be constructed from solid wallsand finished with walls, floor and ceiling having a smooth even surface.The junction of the walls and the floor shall be covered with a radius of25-75mm. The room shall be graded and drained to a floor wasteconnected to the reticulated sewerage system and shall be provided with asupply of hot and cold water.

85. A garbage storage area is to be provided for each Terrace building andgroup of townhouses. Each area is to be designed so as to conceal itscontent from view from public places and adjacent properties and is tocomplement the landscaping layout. The storage areas are to be locatedso as to be readily accessible from within the site.

86. Areas adjacent to the internal road are to be set aside for each Terracebuilding and group of townhouses for placement of garbage bins awaitingcollection by the garbage removal contractor/Council.

87. Recycling storage areas are to be provided for each of the proposed Lots1, 2, 3 and 4. Each area is to be designed so as to conceal its content fromview from public places and adjacent properties and is to complement thelandscaping layout. The storage areas are to be located so as to be readilyaccessible from within the site and to the contractor/Council for removalfrom the internal road.


Attachment 2

88. Final locations of the storage areas shall be shown on the plans with theConstruction Certificate.

89. Any demolition works required as a result of the proposal are to be inaccordance with AS 2601-1991 and the requirements of the WorkcoverAuthority.

90. Any glazing proposed is to have a reflectivity index of less than 20%.

91. The colours and materials used for the external finishes of each of thebuildings shall be of muted earth tones reflecting the bushland characterof the site.

92. Details of the colours and finishes to be used in the buildings shall besubmitted to and approved by Council prior to the issue of ConstructionCertificates.

93. The internal road and driveways within the site shall be finished in mutedearth tones to complement the appearance of the buildings.

94. All service plant and infrastructure (eg air conditioning plant, substations,sanitary plumbing etc) shall be integrated and effectively concealed withinthe buildings.

ADVICES

All proposed buildings are to comply with the relevant provisions of the BuildingCode of Australia. It should be noted that the submitted plans are not of sufficient detail to demonstratecompliance with the Deemed to Satisfy provisions of the BCA and particularly inrespect to:

• Smoke Control in the Class 3 building (hotel);• Construction and discharge of exits.

An AMENDMENT was moved by Councillors Gaul and Henson:

1. That the report prepared by Ingham Planning be received.


2. That in accordance with the recommendation made by Ingham Planning, DevelopmentApplication No X99/0905 for the redevelopment of the Katoomba Golf Course, cornerNarrow Neck Road, Cliff Drive and Acacia Street Katoomba, including constructionof a 120 room hotel, construction of 102 residential units, alterations to the clubhouse,alterations to the golf course and subdivision of the land into five lots, be approvedpursuant to Section 80 of the Environmental Planning and Assessment Act by thegranting of Deferred Commencement Consent subject to the conditions set out inAttachment 2 to this Report.

Upon being PUT to the meeting, the AMENDMENT was LOST, the voting being:

For Against

Councillor Searle Councillors AngelBurridgeEganGaulGreenhillHamiltonHensonKimeKozeljMylesVan der Kley


For Against

Councillors Burridge Councillors AngelEgan GaulGreenhill HensonHamilton KozeljKimeMylesSearleVan der Kley

* * * * * * * * * *

MINUTE NO. 544

6. X99/0754. Review of Determination of Development Application for Conversion ofExisting Squash/Fitness Centre to Residential Units and a Commercial Unit at Lot 203,DP 566316, No. 32-34 Springwood Avenue, Springwood

The Council was addressed by Michael Parker and Stephen Bowers.

A MOTION was moved by Councillors Greenhill and Egan that Council review itsdetermination of Development Application No. X99/0754 for conversion of existingsquash/fitness centre into residential and commercial units at Lot 203, DP 566316,No. 32-34 Springwood Avenue, Springwood pursuant to Section 82A of EnvironmentalPlanning and Assessment Act 1979 and resolve to adopt the following option:

Council grant development consent to the amended proposal for sixteen (16) residentialunits and one (1) commercial unit subject to the conditions included as Attachment 3 tothis report.

Attachment 3

OPERATIONAL CONDITIONS OF DEVELOPMENT CONSENT

Consent 1. Blue Mountains City Council issues its consent,subject to conditions stated hereunder, inaccordance with Section 80A of the EnvironmentalPlanning and Assessment Act 1979. Substantialphysical commencement of construction is requiredwithin 2 years from the .............................

To confirm and clarify the terms of consent, thedevelopment shall be carried out in accordance withthe plans prepared by McCarthy Roberts Architectsnumbered 99/08D/01A, 02B, 03B, 04A, 05A, 06A &07A dated April 1999, and accompanying supportivedocumentation, except as otherwise provided ormodified by the conditions of this consent.

Construction certificate 2. A construction certificate is required prior to thecommencement of any site or building works. Thiscertificate can be issued either by Council as theconsent authority or by an accredited certifier.

Engineers certificate 3. A certificate from a registered Structural Engineerattesting to the adequacy of the structure to supportthe anticipated loads is to be submitted either as partof the construction certificate application or prior toconstruction commencing.


Attachment 3

Access and mobility 4. To ensure access for disabled people is provided, thebuilding is to be designed to ensure:

• full disabled access to units 2-5 on level 2 andassociated link to carparking on level 1

• access provision to include:- all doors on levels 1 and those servicing Units

2-5 on 2 being wide enough to accommodatewheelchair access;

- internal walls between eachbathroom/laundry and WC being capable ofremoval;

- an inclinator being provided between level 1and 2;

- provision of at least one parking space withinthe carpark capable of access by disabledpeople.

Performance, damageand defects bond

5. A performance, damage and defects bond to thevalue of $2000 must be lodged with Council prior tothe issue of the construction certificate. Thesemonies are refundable on application, 6 monthsafter the completion of all work.

Communitycontribution

6. A contribution of $7545.61 shall be made to Councilunder s.94 of the Environmental Planning andAssessment Act for:

Open Space Area No. 4 $2588.74Bush Fire Services Area No. 4 $4592.21Administration Area No. 4 $ 364.66TOTAL Contribution Due $7545.61


Attachment 3

This contribution shall be made prior to the issue ofthe construction certificate.

The above amounts will remain fixed for a period ofthree months from the date of this consent. Afterthis time, they will be indexed in accordance withCouncil’s Development Contributions Plan. A copyof the Plan is available from Council's Katoomba orSpringwood Office.

Services 7. Arrangements must be made with Integral Energy,Sydney Water and an approved telecommunicationsservice provider (Telstra or Optus) for the extensionof services to and within the site. Written evidenceof such arrangements are to be submitted prior tothe commencement of building work.

Demolitionmanagement

8. To ensure adequate levels of safety andenvironmental protection for workers and the publicall demolition works shall be carried out undersupervision and in accordance with AS 2601 (1991)Demolition Code, with particular attention to thefollowing:

+ In both the planning and execution of thedemolition work, appropriate action is to betaken to prevent demolished materials fromfalling freely outside the boundaries of thedemolition site.

+ Security fencing must be provided around theperimeter of the demolition site and anyadditional precautionary measures taken, as maybe necessary to prevent unauthorised entry to thesite at all times during the demolition period.

+ Notices in accordance with AS1319 anddisplaying the words "DANGER! Demolition inProgress", shall be fixed to the fencing atappropriate places to warn the public.


Attachment 3

a) Before the commencement of any stripping ordemolition, the structure and all parts of the siteshall be examined by competent specialists, todetermine as far is practicable, the presence ofnoxious, toxic or explosive materials orconditions which would be hazardous to thehealth of the public if disturbed. The nature andlocation of each hazard shall be recorded andboth the record and proposed method of dealingwith the hazards shall be included in thedemolition work plan.

It is the responsibility of the person supervising thedemolition work to ensure that:

(i) The area of the structure to be demolished andall its components shall be maintained in astable and safe condition at all stages of thedemolition work. Temporary bracing, guys,shoring, or any combination of these, shall beadded for stability where necessary.

(ii) Walls are not laterally loaded by accumulateddebris or rubble, to the extent that they are indanger of collapse.

(iii) Precautions are taken to ensure that thestability of all parts of the structure and thesafety of persons on and outside the site aremaintained in the event of sudden and severeweather changes. Severe weather changes referprimarily to the localised high winds. In thesecircumstances inadequately braced walls andcolumns may be blown over and loose debriscan become airborne, particularly if it is in sheetform.


Attachment 3

(iv) Provision shall be made for ready access to thesite by emergency services personnel in theevent of fire or accident.

(v) At least one access and egress route, connectingall undemolished floors to the nearest street andclearly marked to the satisfaction of theregulatory authority, shall be provided as anemergency exit in the event of fire or accident.The marked route shall be kept free ofaccumulations of demolished materials at alltimes and provision shall be made foradequately illuminating the entire route in theevent of an emergency.

(vi) Services within the structure not required to bemaintained during the demolition work shall beproperly disconnected and sealed off before anystripping or demolition commences.

Please note:

(a) The cutting or breaking can produce noxious dustup of materials containing asbestos or otherfibres. The burning of certain inorganic orsynthetic substances such as some types of paintor plastics can produce toxic fumes.

(b) Particular concentrations of vapours remainingfrom volatile liquid storage, and of dust fromsome granular materials, ignite explosively whenexposed even to a small heat source such as anelectrical spark, or a glowing cinder. AS2430provides guidance on such matters.

Adjoining buildings 9. + Safe access and egress from adjoining buildings isto be maintained at all times for the duration ofthe works on site.

+ No activity is to cause damage to, or adverselyaffect the structural integrity of adjoiningbuildings. Consideration should be given to theuse of shoring and underpinning, and to changesin the soil conditions as a result of demolition andappropriate action taken.


Attachment 3

The effect of vibration and concussion on adjoiningbuildings and their occupants is to be minimised, byselection of appropriate demolition methods andequipment.

Local amenity 10. To safeguard the local amenity, reduce noisenuisance and to prevent environmental pollutionduring the construction period

• Site and building works (including the deliveryof materials to and from the property) shall becarried out Monday to Friday between 7am-6pmand on Saturdays between 8am-1pm.

Building operations such as brickcutting, washingtools, concreting and bricklaying shall beundertaken on the building block. The pollutantsfrom these building operations shall be contained onsite.

Removal of material 11. All demolished material and excess spoil from thesite shall be removed to a Waste Disposal Depot.

Materials & colours forapproval

12. To ensure that the visual impact of the developmentis properly considered the proposed external coloursand finishes are to be revised so as to be morecompatible with the character of the area with suchdetails being submitted to Council for approvalprior to determination of the ConstructionCertificate.

Engineering worksapproval

13. All engineering works required by this developmenton the site and its curtilage shall be in accordancewith Council’s specification for Engineering Worksfor Subdivisions and Developments – Part 1 Designand Part 2 Construction. The design andconstruction is to include any additional works tomake the construction effective.

Carpark 14. The eighteen spaces provided on the site shall beallocated and linemarked on the basis of:• one (1) for each of the residential units• one (1) disabled space for visitors to the site• one (1) space for the commercial unit.



For Against

Councillors Angel Councillors BurridgeEgan HensonGreenhill GaulHamilton KozeljKimeMylesSearleVan der Kley

* * * * * * * * * *

MINUTE NO. 545

7. X99/1187. Development Application No. X99/1187 for a Three (3) Suite Bed andBreakfast Establishment on Lots 8 & 9, DP 3977, No 8-12 East View Avenue, Leura

The Council was addressed by Greg Haigh.

RESOLVED UNANIMOUSLY on the MOTION of Councillors Henson and Hamilton thatthe Development Application No. X99/1187 for bed and breakfast establishment on Lots8 & 9 DP 3977, No 8-12 East View Avenue, Leura be determined pursuant to Section 80of the Environmental Planning and Assessment Act 1979 by the granting of consentsubject to conditions shown in Attachment 1 to this report.

Attachment 1 - Conditions of Development Consent

Consent 1. Blue Mountains City Council issues its consent,subject to conditions stated hereunder, in accordancewith Section 80A of the Environmental Planning &Assessment Act 1979. Substantial physicalcommencement of the land use is required within 2years from the date the consent is issued.

To confirm and clarify the terms of consent, thedevelopment shall be carried out in accordance withthe attached stamped plans unnumbered andundated and accompanying supportivedocumentation, except as otherwise provided ormodified by the conditions of this consent.


Attachment 1

Property 2. This consent involves both Lots 8 & 9, DP 3977. Theland use shall cease to operate under the terms of thisDevelopment Consent should either property notremain in common ownership.

Signage 3. Signage shall be limited to the details included on thestamped approved plans. The sign shall be whollylocated within the property boundary and no partshall be higher than 2 m above the ground.

Note: Council permits only one sign, not exceeding0.3m2 in area, on the property to indicate that thehouse is a ‘Bed and Breakfast’ establishment.

Car parking 4. Existing vehicle access arrangements are to bemaintained and all car parking associated with theuse and occupation of the building shall occur on siteand all vehicles are to enter and leave the site in aforward direction.

Bed & Breakfast 5. The Bed & Breakfast shall at all times operate in amanner not contrary to the following:+ No more than 6 guests shall be resident at any one

time. At no time whilst guests are in residenceshould the total number of occupants of thebuilding(s), including visitors, residents, friends orfamily members, exceed 12 people.

+ Refreshment rooms ie., a restaurant, cafe, tearoom, eating room or the like, are not permittedon the site.

+ The premises have to be operated by permanentresidents (including the owner) on the site.

+ The guest accommodation shall be available forshort term paid accommodation only.

+ No cooking facilities are to be provided to therooms.

+ A separate "Bed and Breakfast" operatingapproval is to be obtained from Council prior tothe commencement of the use.

(Note: For further information you are required toliaise with Council’s Health and Building Specialist)


Attachment 1

Fire safety and healthstandards

6. To ensure adequate fire safety and health standardsare provided and thereafter maintained the followingworks shall be completed:§ Suitable single station smoke detector units are to

be installed within all habitable room (excludingkitchens) and all passageways, hallways and thelike. The smoke detectors are to be :Ø interconnected;Ø connected to a permanent 240 volt power

supply; andØ provided with battery backup to activate the

alarm units in the event of power failure.The smoke detectors are also required to activatea system of emergency lighting installed in thebuilding. A full detail of the system is to besubmitted to Council for approval prior toinstallation.

§ A 3.5kg Carbon Dioxide Portable FireExtinguisher is to be installed within the kitchenarea of the building.

§ A 1.2m x 1.2m fire blanket is to be provided to thekitchen area in a readily accessible location to thesatisfaction of Council.

§ The lock on the front door is to be replaced oraltered so that it opens by single handed action ona single device without recourse to a key from theside facing the person seeking egress from thebuilding.

§ Provide any refrigerated appliance with anapproved thermometer in accordance with Clause78 (5) of the Food (General) Regulation, so as toenable the temperature of the food stored withinto be continuously monitored.

§ A separate wash hand basin shall be provided inthe kitchen or, alternatively, the existing kitchensink may be used for hand washing purposesprovided a dishwasher is installed within thekitchen.

§ An adequate supply of single use towels and liquidsoap are to be provided and maintained adjacentto the wash hand basin at all times.

§ The refrigerator is to be supported on wheels orcastors capable of easily moving a fully loadedfitting.


Attachment 1

§ Any cavity bounded by the bottom of a cupboard,the wall, floor and kickboard is to be filled with anexpanding foam so as to fully fill the space.

* * * * * * * * * *

MINUTE NO. 546

8. X99/0961. Development Application No. X99/0961 for a Colorbond Feed Shed on Lot6, DP 865193, 91-99 Mount York Road, Mount Victoria

The Council was addressed by William Mulcahy.

RESOLVED UNANIMOUSLY on the MOTION of Councillors Hamilton and Greenhill thatthe Development Application No. X99/0961 for a colorbond feed shed on Lot 6 DP865193, 91-99 Mount York Rd, Mount Victoria be determined pursuant to Section 80 ofthe Environmental Planning and Assessment Act 1979 by the refusal of Consent on thefollowing grounds:

(a) the development is not permissible under the provisions of Local EnvironmentalPlan 1991;

(b) the applicant does not hold development consent for the keeping of hoofedanimals on the property;

(c) the size and scale of the proposed shed is disproportionate to the need to beserviced by the shed.

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MINUTE NO. 547

9. C00738. Financial Reports for the Year Ended 30 June 1999

The Council was addressed by Mr Banicevic of Council’s Auditors, PriceWaterhouseCoopers.

RESOLVED UNANIMOUSLY on the MOTION of Councillors Van der Kley and Egan thatthe report be received and noted.

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MINUTE NO. 548

10. H00680. Plan of Management - Weroona Park, Woodford

RESOLVED UNANIMOUSLY on the MOTION of Councillors Van der Kley and Searle:

1. That Council give public notice of and exhibit the Draft Plan of Management forWeroona Park, Woodford in accordance with the requirements of the LocalGovernment Act 1993.

2. That the outcome of exhibition of the Draft Plan of Management for WeroonaPark Woodford be reported to Council.

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MINUTE NO. 549

11. R08/0350. Proposed Acquisition of Land for Road Widening Purposes - Part Lot211, DP 791964, No. 50 Letitia Street, Katoomba

RESOLVED UNANIMOUSLY on the MOTION of Councillors Egan and Hamilton:

1. That Council acquire for road widening purposes that part of Part Lot 211,DP 791964, No. 50 Letitia Street, Katoomba, shown by bold outline on the planattached to the General Manager’s report.

2. That the Council pay the owner of Part Lot 211, DP 491964 compensation of$4,000 inclusive of all legal, survey, mortgagee’s and any other costs incurred bythe owner of the land in connection with the transfer to Council.

3. That the Common Seal of Council be affixed to the Transfer.

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MINUTE NO. 550

12. C03152. Construction of New Rural Fire Station and Associated Works at BurkeRoad, Linden - Contract No. TS 09/99

RESOLVED UNANIMOUSLY on the MOTION of Councillors Van der Kley and Searle:

1. In accordance with its previous resolution under Clause 19 (3) (e) of the newLocal Government (Tendering) Regulation 1999 that Council accepts the offer, inthe amount of $137,317, submitted by Tri-Steel Western Sydney Pty Ltd for theconstruction of a Rural Fire Station at 43 Burke Road, Linden.

2. That the Common Seal of Council be affixed to the contract documents.

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NOTICE OF MOTION, 26/10/99

MINUTE NO. 551

13. H00114. Town Entry Signs - Anti-Badgerys Creek Airport Logo

RESOLVED UNANIMOUSLY on the MOTION of Councillors Burridge and Greenhill:

1. That Council adds a panel to all existing entry signs to the Blue Mountainsindicating its opposition to the Badgerys Creek Airport and including the anti-Badgerys Creek Airport logo.

2. That Council state its opposition to Badgerys Creek Airport each week when theCouncil notifications are published in the Blue Mountains Gazette.

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MINUTE NO. 552

C00336. Procedural

At 11:30 p.m. a MOTION was moved by Councillors Egan and Henson to extend themeeting to conclude the items on the business paper.

Upon being PUT to the meeting, the MOTION was CARRIED UNANIMOUSLY.

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MINUTE NO. 553

14. C00336. Public Participation at Council Meetings - Speaking to Notices of Motion

A MOTION was moved by Councillors Gaul and Henson that Council amend its PublicParticipation procedures at Council Meetings in its Code of Meeting Practice to allow thepublic to speak on Notices of Motion (including Rescission Motions).

An AMENDMENT was moved by Councillors Kime and Kozelj that this matter bedeferred for consideration at the appropriate Councillor Workshop.


Upon being PUT to the meeting, the AMENDMENT was CARRIED and BECAME theMOTION, the voting being:

For Against

Councillors Angel Councillors EganBurridge GreenhillGaul HamiltonHenson MylesKime Van der KleyKozeljSearle


For Against

Councillors Angel Councillors EganBurridge MylesGaul Van der KleyGreenhillHamiltonHensonKimeKozeljSearle

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PRECIS OF SELECTED CORRESPONDENCE, 26/10/99

MINUTE NO. 554

15. C00680. Precis of Selected Correspondence, 26/10/99

RESOLVED UNANIMOUSLY on the MOTION of Councillors Hamilton and secondedthat the Precis of Selected Correspondence be received, with the exception of Items 2and 5, and appropriate letters be forwarded where necessary.

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MINUTE NO. 555

Item 2 - Precis of Selected Correspondence, 26/10/99 – Mr A Gordon, General Manager,Pittwater Council

RESOLVED UNANIMOUSLY on the MOTION of Councillors Henson and Egan that thisitem be received and that Council support the position of Pittwater Council at the LocalGovernment Association Conference.

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MINUTE NO. 556

Item 5 - Precis of Selected Correspondence, 26/10/99 – VHR May, General Manager,Mosman Municipal Council.

RESOLVED UNANIMOUSLY on the MOTION of Councillors Van der Kley and Hamiltonthat this item be received and appropriate letters be forwarded where necessary.

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RESPONSE TO QUESTION WITH NOTICE (12/10/99), 26/10/99

16. C02907. Community Buildings Policy

Question by Councillor A Henson (12/10/99):

“Where is council up to with the Pricing Policy and Procedures for the Management ofCommunity Buildings?”

Note by Councillor Henson

Members of community organisations all over the Mountains have spent a considerableamount of time and energy in assisting council staff and consultants from Australia StreetCompany and Dr Peter Phibbs of the Sydney University. This was to develop policy,procedures and implementation guidelines for the management and use of Council’s buildingsand other facilities.

A final Draft from the consultants Australia Street Company and Dr Peter Phibbs of SydneyUniversity was presented to Councillors on 18 March 1999.

Response by Group Manager, Assets & Corporate Services:

The Statement of Revenue Policy included in Council’s adopted Management Plan notes:

“During the year it is intended to introduce a new pricing policy framework forcommunity facilities. The new policy and resulting fees and charges will first beplaced on public exhibition in draft form. Interested persons and organisations will beable to make submissions which will be considered before adoption of the policy andresulting fees and charges in final form.”

Action 14.1.1 in the Management Plan also requires the implementation of a model tomeasure social and economic returns, community service obligations and subsidies and thatthis is to be completed during 1999/2000 and be available for the 2000/2001 budgetpreparation. The Pricing Policy framework for community facilities will be a component ofthe proposed model.

As indicated, the final report of the consultants into the Community Buildings Pricing Policywas received by Council in March, 1999 and Councillors were briefed at that time. However,it was apparent that some of the consultants recommendations would require furtherconsideration before staff could recommend a comprehensive pricing policy to Council whichcould then be placed on public exhibition. It was not possible for this to occur prior to theManagement Planning process for the current year. Nonetheless, as shown above, Council’sintentions in this regard were included in the Draft Management Plan placed on publicexhibition and subsequently adopted.

A wide cross section of appropriate staff from across Council had met shortly prior to thereceipt of this Question with Notice to consider the recommendations from the consultants.An action plan has been developed with the intention of recommending a draft policy, basedon the consultancy recommendations but with some refinement, to Council late in 1999. Thedraft policy would then be placed on public exhibition and the outcomes, when adopted,incorporated into the Management Plan revenue structure for 2000/2001.

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MINUTE NO. 557

C00336. Procedural - Question that Meeting Adjourn

As there was no further business before the meeting, the Mayor then PUT the QUESTION“that the Council Meeting now adjourn”.

Upon being PUT to the meeting, the QUESTION was AGREED TO UNANIMOUSLY, thetime being 11:59 pm on Tuesday, 26 October 1999.

The Ordinary Meeting of the Council then adjourned until 7:30 pm on Tuesday, 16 November1999 in the Council Chamber, Council Headquarters, 2 Civic Place, Katoomba.

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