Council Meeting Meeting..... 1176 Confirmation of Minutes..... 1177 Leave of Absence ..... 1177 ......

Woollahra Municipal Council Council Meeting Minutes

Council Meeting of 22 April 2013 174

Council Meeting

Monday 22 April 2013

Table of Contents Items Determined Under Delegated Authority by Council Committees ....................................... 1175

Council Meeting............................................................................................................................. 1176

Confirmation of Minutes................................................................................................................ 1177

Leave of Absence ........................................................................................................................... 1177

Apologies ....................................................................................................................................... 1177

Declarations of Interest .................................................................................................................. 1178

Suspension of Standing Orders Petitions ....................................................................................... 1179

Director Planning & Development’s Report .................................................................................. 1181

1. LEC Appeal Woollahra MC ats Wallaroy Apartments P/L (The Appeal); 12 Wallaroy Crescent, Woollahra; Proposed New Residential Flat Building .......................................... 1181

Development Control Committee .................................................................................................. 1183

R1 3 Kidman Lane, Paddington – New three storey dwelling – 21/9/2012 .............................. 1183

R2 334 Edgecliff Road, Woollahra (Woollahra Seniors & Community Centre (WSSC)) – Alterations & additions to the (WSCC) to provide a new deck, new lift & associated pathways, new kitchen & accessible toilet & the use of part of the building & deck as a café open to the general public – 2/11/2012 .................................................................. 1185

R3 7 Sutherland Street, Paddington – Section 96 Application – Proposed modification to the approved garage & new privacy screens – 27/8/2012 ................................................ 1223

Urban Planning Committee............................................................................................................ 1224

R1 Modification to the Definition of 'Height' and 'Existing Ground Level' in The Woollahra Local Environmental Plan 1995 ......................................................................... 1224

R2 Licenced Premises DCP ....................................................................................................... 1225

R3 White City - Proposed Heritage Item ................................................................................... 1226

Notice of Motion ............................................................................................................................ 1227

Questions for Next Meeting ........................................................................................................... 1231


Council Meeting of 22 April 2013 Page 1175

Items Determined Under Delegated Authority by Council Committees

The following Items were determined under Delegated Authority. To see the delegated decisions of Council please refer to the individual Committee Meeting Minutes. Corporate & Works Committee Meeting held on Monday 15 April 2013 D1 Confirmation of Minutes of Meeting held on 2 April 2013 D2 Monthly Financial Report - March 2013 D3 Roads & Maritime Services Reclaimed Land In Woollahra LGA D4 52 Mona Road, Darling Point - Proposed Road Closure and Sale D5 152 Wolseley Road, Point Piper - Proposed Road Closure and Sale D6 Kiaora Lands Development D7 Draft Delivery Program 2013 To 2017 and Operational Plan 2013/14 Priorities & Actions Development Control Committee Meeting held on Monday 15 April 2013 D1 Confirmation of Minutes of Meeting held on 2 April 2013 D3 DA3/2013 – 18-19 Marine Parade, Watsons Bay – Alterations & additions to a dual occupancy under

existing use rights provisions – 8/1/2013 D4 DA52/2012 – 19 Court Road, Double Bay – Demolition of existing dwelling & construction of a new

dwelling, swimming pool, new front fence & landscaping – 10/2/2012 D5 DA248/2012 – 11 Waimea Avenue, Woollahra – Alterations & additions to the existing dwelling,

including a new attic level & ‘carriage house’ addition at the rear of the site – 19/6/2012 D6 DA531/2010 part 4 - 7 Sutherland Street, Paddington – Section 96 Application – Proposed

modification to the approved garage & new privacy screens – 27/8/2012 – See Item R3 D7 DA353/2011 part 2 – 1 & 2/18-20 Military Road, Watsons Bay - Section 96 Application – Proposed

modification to roof terraces & roof top additions – 3/9/2012 D8 DA515/2012 - 10 New South Head Road, Vaucluse – Alterations & additions to

existing dwelling including a new double garage – 27/11/2012 D9 DA470/2012 - 4/47-49 Wolseley Road, Point Piper – Alterations & additions to penthouse apartment

– 6/11/2012 D10 DA59/1996 part 2 – 535-537 Glenmore Road, Edgecliff - Section 96 Application – Proposed

modification to increase in opening hours of brothel from 18 to 19hours per day (10am-5am 7 days per week) & increase in sex workers from 13 to 20 maximum & staff from 2 to 4 – 25/2/2013

D11 DA119/2003 part 2 – 533 Glenmore Road, Edgecliff - Section 96 Application – Proposed modification to increase in opening hours of brothel from 18 to 23hours per day & an increase in sex workers from 13 to 20 maximum & staff from 2 to 4 – 25/10/2012

D12 DA398/2012 – 3 Thornton Street, Darling Point – Alterations & additions to existing residential flat building including attic, raised outdoor area & pool – 19/9/2012

D13 DA61/2013 – 11-21 Greenoaks Avenue, Darling Point – Walk in robes & ensuite to units 7 & 9 – 1/3/2013

D14 Register of Current Land and Environment Court Matters and Register of Court Proceedings for Building Control, Environmental Control & Health Control

D15 Register of SEPP 1 Objections Urban Planning Committee Meeting held on Monday 8 April 2013 D1 Confirmation of Minutes of Meeting held on 25 March 2013 Community & Environment Committee Meeting held on Monday 8 April 2013 D1 Confirmation of Minutes of Meeting held on 25 March 2013 D2 Woollahra Local Traffic Committee Minutes – 2 April 2013 D3 Woollahra Plaques advisory committee - minutes of meeting 7 March 2013 D4 Yarranabbe Park Steering Committee Meeting D5 2012 Community Services Cultural program evaluation



Council Meeting

Minutes of the Meeting of Woollahra Municipal Council held at the Council Chambers, Double Bay, on

Monday 22 April 2013 at 8.00pm.

Present: His Worship the Mayor, Councillor Andrew Petrie Councillors Ted Bennett

Anthony Boskovitz Peter Cavanagh Elena Kirillova Greg Levenston Anthony Marano Matthew Robertson Deborah Thomas Elena Wise Susan Wynne Toni Zeltzer

Staff: Allan Coker (Director – Planning & Development) Stephen Dunshea (Director – Corporate Services) Gary James (General Manager)

Tom O’Hanlon (Director – Technical Services) Kylie Walshe (Director – Community Services)

Les Windle (Manager – Governance) Also in Attendance: Nil



Confirmation of Minutes (Wynne/Robertson)

1/6 THAT the Minutes of the Council Meeting held on 8 April 2013 be taken as read and confirmed. Adopted

Leave of Absence (Boskovitz/Wynne)

2/6 That leave of absence for all meetings of the Council and its Committees be granted to Councillor Elena Wise for the period 6 May to 23 July 2013, inclusive. Adopted (Boskovitz/Wynne)

3/6 That leave of absence for all meetings of the Council and its Committees be granted to Councillor Peter Cavanagh for the period 16 July to 11 August 2013, inclusive. Adopted (Boskovitz/Wynne)

4/6 That leave of absence for all meetings of the Council and its Committees be granted to Councillor Toni Zeltzer for the period 6 May to 14 June 2013, inclusive. Adopted

Apologies (Boskovitz/Wynne)

5/6 Apologies were received and accepted from Councillors Luise Elsing, Katherine O’Regan & Jeff Zulman and Leave of Absence granted.

Adopted



Declarations of Interest Councillor Boskovitz declared a Pecuniary Interest in the Director Planning and Development’s Report (12 Wallaroy Crescent, Woollahra), as the applicant of this matter is a client of the firm of solicitors he works for. Councillor Boskovitz left the meeting and did not participate in debate or vote on the matter. Councillor Thomas declared a Non-Significant Non-Pecuniary Interest in Development Control Committee Item R1 (3 Kidman Lane, Paddington) as one of the objectors to this matter is a friend of hers. Councillor Thomas does not believe it would affect her vote. Councillor Kirillova declared a Non-Significant Non-Pecuniary Interest in the Director Planning and Development’s Report (12 Wallaroy Crescent, Woollahra) as one of the objectors to the original proposal is a founding member of the Residents First Woollahra Party and a number of the family of the owners of property are known to her socially. Councillor Kirillova does not believe it would affect her vote. Councillor Kirillova declared a Non-Significant Non-Pecuniary Interest in Development Control Committee Item R2 (334 Edgecliff Road, Woollahra – Woollahra Seniors & Community Centre) as one of people involved with the Residents First Woollahra Party at the last election is the Chairperson of the Holdsworth Community Centre. Councillor Kirillova does not believe it would affect her vote. Councillor Wynne declared a Non-Significant Non-Pecuniary Interest in the Director Planning and Development’s Report (12 Wallaroy Crescent, Woollahra) as one of the objectors to the original proposal is a founding member of the Residents First Woollahra Party. Councillor Wynne does not believe it would affect her vote. Councillor Wynne declared a Non-Significant Non-Pecuniary Interest in Development Control Committee Item R2 (334 Edgecliff Road, Woollahra – Woollahra Seniors & Community Centre) as one of people involved with the Residents First Woollahra Party at the last election is the Chairperson of the Holdsworth Community Centre. Councillor Wynne does not believe it would affect her vote. Councillor Robertson declared a Non-Significant Non-Pecuniary Interest in Development Control Committee Item R2 (334 Edgecliff Road, Woollahra Woollahra Seniors & Community Centre), as Susan Jarnason a former colleague, is on the board of Holdsworth Community Centre. Councillor Robertson does not believe it would affect his vote.



Suspension of Standing Orders Councillor Levenston

6/6 That Standing Orders be suspended to allow him to advise Council of two events held yesterday.

Adopted The Mayor ruled Urgency and permitted the Suspension of Standing Orders. Councillor Levenston advised: One of the events was the ANZAC march organised by the Rose Bay RSL Club attended by the Mayor, himself and numerous others, including the Band from Scots and parents of the Band members from Scots, the members from HMAS Watson, general scattering of those remembering and community members. We walked from the RSL Club to the Cenotaph in the corner of Lyne Park. It was a wonderful moving event, amplified by the leaving of Sydney Harbour by the HMAS Newcastle on its way to the Gulf on deployment and it was particularly poignant to have that happen at that particular moment. We then moved on to the second event, Puppies in the Park. The point of this was to support another area of the community. It was a very well run event and I congratulate the staff who organised this event. These two events in the community should be congratulated. The Mayor also thanked the Wentworth Courier for their support for these events. The Council noted the information. Councillor Cavanagh

7/6 That the Suspension of Standing Orders continue to allow him to advise Council of the ANZAC ceremony he attended yesterday. Adopted The Mayor ruled Urgency and permitted the continuation of the Suspension of Standing Orders. Councillor Cavanagh advised: He attended an ANZAC service yesterday at the Paddington RSL, which he has done on a number of occasions. It was a very moving occasion as well. It is always a very good afternoon. General Cosgrove who is the Patron of the Sub Branch was there and spoke very well as were a number of other military personnel. There was also a number of people there from the Korea Association and they left this morning for Korea for the 60th Anniversary celebrations The Council noted the information.



Councillor Wynne

8/6 That the Suspension of Standing Orders continue to allow her to also discuss ANZAC Day. Adopted The Mayor ruled Urgency and permitted the continuation of the Suspension of Standing Orders. Councillor Wynne advised: On the same topic, being ANZAC Day. I would like to say that Thursday being ANZAC Day, it is important that while we all enjoy a public holiday and have a little bit of a break it is important to remember those who served our country and still continue to do so. My father fought in World War 2 and was actually on the Kokoda Track so ANZAC Day has always been very dear to my heart. It is important in this day and age that we still remember those who lost their lives and continue to fight for our country as well as having a day off. The Council noted the information



Director Planning & Development’s Report Officer No. 1

Subject: LEC Appeal Woollahra MC ats Wallaroy Apartments P/L (The Appeal); 12 Wallaroy Crescent, Woollahra; Proposed New Residential Flat Building

Author: Patrick Robinson File No: 100.0174.2012 Reason for Report: Decision of Council Note: Councillor Boskovitz declared a Pecuniary Interest in this Item as the applicant of this

matter is a client of the firm of solicitors he works for. Councillor Boskovitz left the meeting and did not participate in debate or vote on the matter.

Note: Councillor Kirillova declared a Non-Significant Non-Pecuniary Interest in this Item as

one of the objectors to the original proposal is a founding member of the Residents First Woollahra Party and a number of the family of the owners of property are known to her socially. Councillor Kirillova does not believe it would affect her vote.

Note: Councillor Wynne declared a Non-Significant Non-Pecuniary Interest in this Item as

one of the objectors to the original proposal is a founding member of the Residents First Woollahra Party. Councillor Wynne does not believe it would affect her vote.

(Levenston/Wynne) Resolved:

9/6 That in accordance with Council’s Code of Meeting Practice, the Director Planning and Development’s Report be brought forward as a Matter of Urgency. Adopted The Mayor ruled Urgency. (Petrie/Wynne)

10/6 Resolved: A. THAT based upon the advice from its solicitors Council releases its legal advice as it relates

to the Class 1 Appeal in Woollahra Municipal Council ats Wallaroy Apartments P/L regarding the development proposal at 12 Wallaroy Crescent, Woollahra which formed the basis of the Council’s decision that the existing use rights issue in that case were satisfied. The advice to be generally released at Council offices and/or its solicitor’s offices without restriction on copying, that being confidential Annexures ‘1’and ‘2’ to this report.

B. THAT Council notes that the Applicant has undertaken to release its legal advice generally at Council offices and/or its solicitor’s offices without restriction on copying, that being confidential Annexure ‘3’ to this report.



On 8 April 2013 Council resolved in relation to the Appeal as follows: A. THAT, based upon advice from its solicitors in relation to the existing use rights issue

Council determines that Contention 1 has been resolved. B. THAT, based upon the advice from its solicitors in relation to Contention 4 (Architectural

Design and Style) Council determines that Contention 4 has been resolved. C. THAT, based upon the advice from its solicitors that Council advise the Applicant that it

intends to release legal advice provided to the Applicant by Mr Hemmings SC that was provided at the s34 conference subject to providing the Applicant with 48 hours notice to provide Council demonstrable reasons why in their view such production would be unlawful.

D. THAT, in accordance with Council’s policy of confidentiality, the confidential report remain confidential for a period of six (6) months or until the conclusion of the appeal whichever occurs last.

This report principally relates to resolution ‘C’ set out above. Initially the Applicant put forward an objection to resolution ‘C’ on the basis that its implementation would not be lawful. That objection would then require that Council proceed to the Court in order to release the advice. We have however obtained a ‘without prejudice’ offer by the Applicant to settle the matter without the necessity for further disputation in the Court. That without prejudice offer, attached to this report as Annexure 4, provides that the Applicant will agree that its supplementary legal advice dated 18 March 2013 (the Hemmings’ advice) be released provided Council makes available its own legal advice which formed the basis of the Council’s decision that the existing use rights issue was satisfied in a similar manner. It is our view that Council’s legal advice be made available, that is; at Council offices, our solicitor’s offices, and be available for copying given that the Applicant has now agreed to the same form of release of its advice. This would result in an outcome where all parties to the Class 1 Application understand and have had access to relevant material and will also avoid the need for further litigation. For that reason we recommend that the Applicant’s without prejudice offer be accepted. Further consideration of this matter is provided in the confidential annexures marked ‘1’ to this report.

Mr Allan Coker Director of Planning and Development

Confidential Annexures:

Marked ‘Annexure 1’ Marked ‘Annexure 2’ Marked ‘Annexure 3’ Marked ‘Annexure 4’



Development Control Committee

Items with Recommendations from the Committee Meeting of Monday 15 April 2013

Submitted to the Council for Determination

Item No: R1 Recommendation to Council

Subject: 3 Kidman Lane, Paddington – New three storey dwelling – 21/9/2012

Author: Larissa Holbert – Senior Assessment Officer File No: DA405/2012 Reason for Report: As the voting on the Amendment was 3 votes for the Amendment and 3

votes against the Amendment, in accordance with Council’s Codes and Policies, both the Motion and the Amendment are referred to the Committee for consideration.

Note: Councillor Thomas declared a Non-Significant Non-Pecuniary Interest in this Item as

one of the objectors to this matter is a friend of hers. Councillor Thomas does not believe it would affect her vote.

Note: Late correspondence was tabled by Tara Morice and Bill Sim. Motion moved by Councillor Boskovitz Seconded by Councillor Zeltzer That the motion moved at the Development Control Committee for approval of the application be adopted. Amendment moved by Councillor Kirillova Seconded by Councillor Wise That the motion moved at the Development Control Committee for approval of the application be adopted subject to deletion of the garage and roof terrace. Foreshadowed Amendment advised by Councillor Robertson That the amendment moved at the Development Control Committee for refusal of the application be adopted. The Amendment moved by Councillor Kirillova Seconded by Councillor Wise was put and lost. Amendment moved by Councillor Robertson Seconded by Councillor Marano THAT the Council, refuse Development Application No. 405/2012 for new 3 storey dwelling on land at 3 Kidman Lane Paddington, for the following reasons:


Council Meeting of 22 April 2013 84

1. Excessive bulk and scale 2. The proposed roof terrace will have unacceptable impacts on surrounding properties 3. The proposed excavation will damage the existing surrounding trees 4. Unacceptable streetscape impacts 5. Unacceptable subterranean bedroom The Amendment was put and carried The Amendment became the Motion The Motion was put and Adopted (Robertson/Marano) Resolved:

11/6 THAT the Council, refuse Development Application No. 405/2012 for new 3 storey dwelling on land at 3 Kidman Lane Paddington, for the following reasons: 1. Excessive bulk and scale 2. The proposed roof terrace will have unacceptable impacts on surrounding properties 3. The proposed excavation will damage the existing surrounding trees 4. Unacceptable streetscape impacts 5. Unacceptable subterranean bedroom Note: In accordance with section 375A of the Local Government Act a Division of votes is

recorded on this planning matter.

For the Motion Against the Motion

Councillor Cavanagh Councillor Boskovitz Councillor Kirillova Councillor Bennett Councillor Marano Councillor Levenston Councillor Petrie Councillor Zeltzer Councillor Robertson Councillor Thomas Councillor Wise Councillor Wynne 8/4




Subject: 334 Edgecliff Road, Woollahra (Woollahra Seniors & Community Centre (WSSC)) – Alterations & additions to the (WSCC) to provide a new deck, new lift & associated pathways, new kitchen & accessible toilet & the use of part of the building & deck as a café open to the general public – 2/11/2012

Author: Simon Taylor – Senior Assessment Officer File No: DA467/2012 Reason for Report: In accordance with Council’s meeting procedures and policy this matter is

referred to full Council due to works being proposed on community land and owned by Woollahra Council.

Note: Councillor Kirillova declared a Non-Significant Non-Pecuniary Interest in this Item as

one of the people involved with the Residents First Woollahra Party at the last election is the Chairperson of the Holdsworth Community Centre. Councillor Kirillova does not believe it would affect her vote.

Note: Councillor Wynne declared a Non-Significant Non-Pecuniary Interest in this Item as

one of the people involved with the Residents First Woollahra Party at the last election is the Chairperson of the Holdsworth Community Centre. Councillor Wynne does not believe it would affect her vote.

Note: Councillor Robertson declared a Non-Significant, Non-Pecuniary Interest in this Item

as Susan Jarnason a former colleague, is on the board of Holdsworth Community Centre. Councillor Robertson does not believe it would affect his vote.

Note: Late correspondence was tabled by Michael Ryan, Council’s Senior Assessment

Officer, Simon Taylor, Brian & Ljuba Flohm & Belinda Webster. Motion moved by Councillor Wynne Seconded by Councillor Kirillova That the Development Control Committee recommendation for approval of the application be adopted subject to: 1. Condition I.8 (Hours of use) being amended to allow:

Monday to Friday: 7.30am to 10.00pm Saturday/Sunday & Public Holidays: 9.00am to 10.00pm

2. Deletion of Condition I.10 (Amplified music) 3. Removal of any reference to the time which the deck can be used. Amendment moved by Councillor Zeltzer Seconded by Councillor Levenston That the Development Control Committee recommendation for approval of the application be adopted subject to deletion of Condition I.10 (Amplified music)

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The payment of a security may be made by a bank guarantee where: The guarantee is by an Australian bank for the amount of the total outstanding contribution; The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council

on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first [NOTE: a time limited bank guarantee or a bank guarantee with an expiry date is not acceptable];

The bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent;

The bank guarantee is lodged with the Council prior to the issue of the construction certificate; and The bank’s obligations are discharged when payment to the Council is made in accordance with the

guarantee or when Council notifies the bank in writing that the guarantee is no longer required.

How will the section 94A levy be indexed? To ensure that the value the development levy is not eroded over time by increases in costs, the proposed cost of carrying out development (from which the development levy is calculated) will be indexed either annually or quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development Contributions Plan 2011 sets out the formula and index to be used in adjusting the s.94A levy. Do you need HELP indexing the levy? Please contact our customer service officers. Failure to correctly calculate the adjusted development levy will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate, subdivision certificate, or occupation certificate). Deferred or periodic payment of section 94A levy under the Woollahra Section 94A Development Contributions Plan 2011 Where the applicant makes a written request supported by reasons for payment of the section 94A levy other than as required by clause 3.9, the Council may accept deferred or periodic payment. The decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider: The reasons given; Whether any prejudice will be caused to the community deriving benefit from the public facilities; Whether any prejudice will be caused to the efficacy and operation of the plan; and Whether the provision of public facilities in accordance with the adopted works schedule will be

adversely affected.

Council may, as a condition of accepting deferred or periodic payment, require the provision of a bank guarantee where: The guarantee is by an Australian bank for the amount of the total outstanding contribution; The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council

on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first [NOTE: a time limited bank guarantee or a bank guarantee with an expiry date is not acceptable];

The bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent;

The bank guarantee is lodged with the Council prior to the issue of the construction certificate; and The bank’s obligations are discharged when payment to the Council is made in accordance with the

guarantee or when Council notifies the bank in writing that the guarantee is no longer required. Any deferred or periodic payment of the section 94A levy will be adjusted in accordance with clause 3.13 of the plan. The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid. Standard Condition: C5

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ficate plans rsuant to claor air-conditf the BCA Halternate sole a statemend support theon does notgulation200e Protectionr.

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2004; the Fand and Au

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w the performnce based sohe mandaton to regulatvironment O

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submitted tdetail all a liPart F.4 of thAS 1668.1, Aruction Certuirements ofexpert evide

ments of the . This condiAct 1997 in

5 of the Regulancil is satisfiedmation must be

rate complianr possible nois

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ntaminated air AS 1668.2.

details for thance with thd by Food St

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food premisein writing th

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cil’s satisfactio

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to the ighting, he BCA or AS 1668.2 atificate f the BCA aence of Public Heaition does n

n relation to

ation preventsd that compliae submitted wince through these and odour ns Act 1997 hatention to the and

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fee. The ntal Planning o. Hence, the on prior to the

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be the meanManage conProvide for tProvide for t

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all fees assoll works zonone by Rangull payment

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Council Me

and deliver

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ncipal contrace date of makited under the nctions delega

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case of resido be a contrcontract of

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ctor or owner ng an applicatClause 22 of tated by the Ro988. he works zonetor must repor

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1989 requireat Act, that ed to be

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site adjoinsr its full lenoundary andThe hoardino a height of

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r or owner of the road

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ructures, gazd from: nsw.gov.au/

s a public thngth with a hd the nearesng must be cf not less th

a public thon to the hoastructure an

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undary to 20

e footpath oedge of the cs) with a conface; and e designed f

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mon boundarast horizontis greater th

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ry between tal distance han twice thain wire or thfare.

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ns purposes of seitions of a devdemolition w

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ch sign is to beout, but must buse does not aout inside an euse does not af the Act, to co

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ame of the priich that personauthorised ente maintained wbe removed wapply in relatioexisting buildiapply in relatioomply with th

on provides:

e PCA or the pto be carried o

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s a penalty exced as the PCA

the sign is ere

e provided, or demoliti

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must allow notion. Any appts own condit

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when the workon to buildinging that does non to Crown b

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at a rigid and nyone in any pthe site before

pplies until the

ceeding $1,00it will provid

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on any site on

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k has been comg work, subdivnot affect the building workrovisions of th

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ork –Amen

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nity of the n

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vibration genely degrade themore invasive

nt. If you are inerous require

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ng, boring or

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t and vehiculads and more oring the foundot a particular ays and 9am to

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associated wited hours of w

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w.gov.au/noisef

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y, y, pm any weeday or publi

with the activekday, or beoliday. sted in part re 9am or a

awing , jackeak every ho

n the amenie, vibration,

ar traffic, incluonerous restricdation and bulr activity is cono 1pm Saturda

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ith wide loads work will be co

on to seek a res Act 1997, the

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ekday, or c holiday;

vities listedefore 9am o

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of 22 April 2

ctives durin

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st be carried, dential buildract of insurinsurance iconsent com

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CA is a referction certifi

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he demolitioland uses, itge: Construcve assessmenng works of Table 2 of t

n Noise Guive land uses

Act 1997

aterials or otr likely to caent Operatio

Materials Ar requiremene. Any hazarmined clea

a and insur

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for which thce in accordefore any b

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rence to thaicate is mad

ns of Part 3.5.

on of the ex is recommection Noise nt for evaluthe existingthe NSW Deideline whics.

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Assessment nts identifyiardous matean-up object

rance requ

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at Code as inde.

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xisting dwelmended that t

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is to be unding all haza

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uirements u

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irements of

uilding Act Part 6 of thark authorise

87 or 188, s7 (6) or 188

n force on th

ding Code of A

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ling and the NSW be applied trmance andand of managemen

used or placent’ as

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1989 requirat Act, that ed to be

subject to th(4) of the

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of 22 April 2

e with Austr

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not proceed n accordance inspectionsection 109E

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and use of S

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ty Approvalnment Act 1located on

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which mustct and Part

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xecuted (“Wwith Part A2

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ralian Stan

s and structuof Structures

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ns must be cny PCA serv

beyond eacce with this ns means theE(3)(d) of th

e inspections bproceeding in

dition to inspecf suitability in pment.

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r or owner d to skip bin

l has been is993 to placthe road it ie with the Art (Safety an

ners must not bific activity ap

t be satisfiet 8 Division

ertification

r or owner lans, Comp2.2 of the Bment of thisthe BCA an

WAE”) plans2.2 of the B

ndard for D

ures must cos, published

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beyond mandan accordance wctions, require

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builder musns, must be

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be located on pproval is gran

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builder muspliance CertBCA confirm

s consent, thnd relevant

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omply with d by Standar

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tage until thhe Constructns prescribeds required b

atory critical swith this consee the submissiwith Part A2.2

st ensure thstored with

ouncil unde storage connly in a pos

Road Rules tManagemen

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ms and Wor

st submit totificates andming that thehe Act, the RAustralian

nce Certificanclude but m

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pal contractt and the Re

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stage inspectioent. ion of Compli2 of the BCA i

at all waste hin the site u

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without a site wide clear path

ation or us

ks

o the satisfacd evidence oe works, as RegulationsStandards.

ates and evimay not be l

Council Me

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tor or owneegulation.

atisfied thatcate(s) and tegulations foand any PC

ons in order th

iance Certificain relation to a

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specific activh of travel is m

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AS 2601—n force at 13

er builder as

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CA Service

hat the PCA b

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vity approval. maintained free

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ote: This constandardrecord o

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he principaMunicipal Coworks have bor Roadwor he certifica

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ood Premis

rior to the i

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ote: Notificaote: Inspectio

pal Council

of 22 April 2

cation fromchnical / Hymented and od protectiorage/car parlian Standarrmwater dra

echanical vedraulic systeuctural workoustic attenuterproofingurther matte

ndition has beeds as defined b

of works as exA may requirery to confirm ca Standards.

ention, mechanA must submit”) plans, Compon which the PCondition: F7

ning and Ce

al contractoouncil, certbeen executrks, Drainag

ation must bstormwater dt detailing an: F9

ses - Inspec

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ation can be doons are subjec

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m the superviydrogeologicsatisfied duon measuresrk/basementrd AS 2890ainage and

entilation syems. k. uation work. ers as the Pr

en imposed toby the Act, coecute is maint

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ntractor or oncil's Enviroal inspectionnd upier must hof the Food

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ising profescal conditio

uring develos. t car park, d0.1 – “Off-Sstorage syst

ystems.

k.

rincipal Cer

o ensure that somply with thetained. of WAE plan

with the Act, Rm WAE planson work, hydrwith any Occuficates and evied in issuing an

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cellaneous W

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ent of the were

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of 22 April 2

100 of the FoNotification ofproprietor of anotice, in the aied to the appralty units in thted Certifiers 3, Food Regulction and fit o

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od Act 2003 rf conduct of foa food businesapproved formropriate enforche case of an iare unable to lation 2004; thout of food pren to under Claon and sign of

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kerb and gu

requires: ood businessess must not co

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An “Application to carry out works in a Public Road” form must be completed and lodged, with the Application fee, at Council’s Customer Services counter. Detailed plans and specifications of all works (including but not limited to structures, road works, driveway crossings, footpaths and stormwater drainage etc) within existing roads, must be attached, submitted to and approved by Council under Section 138 of the Roads Act 1993, before the issue of any Construction Certificate. Detailed engineering plans and specifications of the works required by this Condition must accompany the Application form. The plans must clearly show the following: Engineering drawings (plan, sections and elevation views) and specifications of the

footpath, driveways, kerb & gutter, new gully pit showing clearly the connection point of site outlet pipe(s). Note, the connection drainage lines must be as direct as possible and generally run perpendicular to the kerb alignment.

Engineering drawings of the new drainage line to be constructed joining the new and existing drainage pits including services.

All driveways must include a design longitudinal surface profile for the proposed driveway for assessment. The driveway profile is to start from the road centreline and be along the worst case edge of the proposed driveway. Gradients and transitions must be in accordance with Clause 2.5.3, 2.6 of AS 2890.1 – 2004, Part 1 – Off-street car parking. The driveway profile submitted to Council must be to (1:25) scale (for template checking purposes) and contain all relevant details: reduced levels, proposed grades and distances.

The existing footpath level and grade at the street alignment of the property must be maintained unless otherwise specified by Council. Your driveway levels are to comply with AS2890.1 and Council’s Standard Drawings. There may be occasions where these requirements conflict with your development and you are required to carefully check the driveway/garage slab and footpath levels for any variations. Note: any adjustments required from the garage slab and the street levels are to be carried out internally on

private property

Drainage design works must comply with the Council’s draft Development Control Plan Stormwater Drainage Management (Draft Version 1.1, Public Exhibition Copy dated 14 December 2006), and Temporary ground anchors may be permitted, in accordance with Council’s “Rock Anchor Policy”. Services Prior to any excavation works, the location and depth of all public utility services (telephone, cable TV, electricity, gas, water, sewer, drainage, etc.) must be ascertained. The applicant shall be responsible for all public utility adjustment/relocation works, necessitated by the development work and as required by the various public utility authorities and/or their agents. All public domain works must comply with the latest version of Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” unless expressly provided otherwise by these conditions. This specification and the application form can be downloaded from www.woollahra.nsw.gov.au .

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Subject: 7 Sutherland Street, Paddington – Section 96 Application – Proposed modification to the approved garage & new privacy screens – 27/8/2012

Author: Larissa Holbert – Senior Assessment Officer File No: DA531/2010 part 4 Reason for Report: In accordance with Council’s meeting procedures and policy this matter is

referred to full Council due to a substantive change of the Committee’s recommendation (refusal) to the Officer’s recommendation (approval).

Note: Late correspondence was tabled by Councillor Toni Zeltzer. (Zeltzer/Wise)

13/6 Resolved: A: THAT Council refuse Section 96 Applicaton No. 531/2010/4 to modify the consent for a

garage and new privacy screens at 7 Sutherland Street, Paddington, for the following reasons:

1. Overshadowing of the door to No. 1 Hargrave Lane 2. Unacceptable heritage impacts 3. Unacceptable impact to the existing shingle wall at No. 1 Hargrave Lane 4. Unacceptable amenity impacts on the adjoining property at 1 Hargrave Lane, including

acoustic impacts, exposure to fumes, lack of ventilation, obstruction of light to the main living area and lack of maintenance access to the shingle wall.

5. The proposal is not in the public interest. 6. The proposed modification does not comply with the requirements of the Paddington

DCP in relation to on-site vehicle parking, carports, driveway access and servicing facilities, in particular 4.2.6 C1, C11 and C12.

B: That Council's Compliance Officers inspect the subject site and prepare a schedule of any

unauthorised works that are not in keeping with the previous approval and with the Paddington Heritage Conservation Area DCP 2008. That Compliance Officers pursue the removal of all unauthorised works from the site.

Note: In accordance with section 375A of the Local Government Act a Division of votes is



Councillor Bennett Councillor Boskovitz Councillor Cavanagh Councillor Levenston Councillor Kirillova Councillor Marano Councillor Petrie Councillor Robertson Councillor Thomas Councillor Wise Councillor Wynne Councillor Zeltzer

10/2



Urban Planning Committee

Items with Recommendations from the Committee Meeting of Monday 8 April 2013

Submitted to the Council for Determination


Subject: Modification to the Definition of 'Height' and 'Existing Ground Level' in The Woollahra Local Environmental Plan 1995

Author: Anne White – Senior Strategic Planner File No: 1064.G (Amend. 74) Reason for Report: To report on the public exhibition of the amended definitions of ‘height’ and

‘existing ground level’ in Woollahra LEP 1995.

To obtain Council’s approval to proceed with the draft LEP to amend the definitions of ‘height’ and ‘existing ground level’.

(Levenston/Robertson)

14/6 Resolved without debate: That Council under section 59(2) of the Environmental Planning and Assessment Act 1979 resolve to make Draft Woollahra Local Environmental Plan (Amendment 74), as attached to the report to the Urban Planning Committee on 8 April 2013, to amend the definition of ‘height’ and ‘existing ground level’. Note: In accordance with section 375A of the Local Government Act a Division of votes is



Councillor Bennett Nil Councillor Boskovitz Councillor Cavanagh Councillor Kirillova Councillor Levenston Councillor Marano Councillor Petrie Councillor Robertson Councillor Thomas Councillor Wise Councillor Wynne Councillor Zeltzer

12/0




Subject: Licenced Premises DCP

Author: P Kauter, Executive Planner File No: 1259.G Licensed Premises Reason for Report: Response to a Notice of Motion - the merits of a Licensed Premises DCP for

Woollahra (Levenston/Robertson)

15/6 Resolved without debate: 1. That the Council resolve to introduce provisions, for inclusion in its Comprehensive

Development Control Plan, for licenced premises including objectives and controls for the assessment and determination of development applications involving licenced premises.

2. That a report including specific objectives and controls for licenced premises be prepared for

consideration by the Urban Planning Committee so that they can be incorporated into the Comprehensive Development Control Plan

3. The report required by item 2 is to include information to be added to our Development

Application Guide in relation to licenced premises. Note: In accordance with section 375A of the Local Government Act a Division of votes is



Councillor Bennett Nil Councillor Boskovitz Councillor Cavanagh Councillor Kirillova Councillor Levenston Councillor Marano Councillor Petrie Councillor Robertson Councillor Thomas Councillor Wise Councillor Wynne Councillor Zeltzer

12/0




Subject: White City - Proposed Heritage Item

Author: Sara Reilly - Strategic Heritage Officer File No: 7.30 Reason for Report: To respond to decisions of the Council regarding the merit of listing White

City as a heritage item. (Levenston/Robertson)

16/6 Resolved without debate: A. That consideration of the matter be deferred for 4 weeks to enable the owner to submit their

heritage report which has already been commissioned. B. That after the heritage report has been received by Council a site inspection be conducted.



Notice of Motion Item No: 1 From: Councillors Wynne, Wise, Cavanagh and Robertson Date: 17 April 2013 File No: 900.G (Wynne/Thomas)

17/6 That council form a working party to address the revitalisation and reinvention of Oxford Street, Paddington. This working party to be formed with councillors through expressions of interest to the Mayor. In conjunction with the above, staff prepare a report to the working party outlining proposed terms of reference, current and recommended strategies and action addressing Oxford Street and any other matters relevant to this area. Adopted Item No: 2 From: Councillor Wynne Date: 17 April 2013 File No: 900.G (Wynne/Thomas)

18/6 That staff provide a report to the Community & Environment Committee with a view to implementing restricted parking for Albermarle Avenue and Wilberforce Avenue, Rose Bay. This restriction is to address the issue of boat and trailer parking so would be strategically implemented to have as little impact on residents as possible but cause boats and trailers to no longer park in these streets. Adopted Item No: 3 From: Councillors Robertson, Wise and Cavanagh Date: 17 April 2013 File No: 900.G (Robertson/Wise)

19/6 That a report be brought to the Community & Environment Committee considering the implementation of skate-boarding facilities in Paddington, to cater for children in the 8-14 years age group. That the report examine, but not be limited to, the following: a) Identification of a suitable site/s in Paddington and/or its surrounds, with respect to:

i) Noise and amenity impacts on local residents



ii) Safety impacts for children using the site iii) Capacity for site/s to enjoy passive surveillance and adequate policing to ensure child

safety from undesirable characters loitering at the site. b) The range of skate-boarding facilities available and indicative construction costs c) Other potential facilities that could be installed or that are pre-existing, that could be utilised

by this same age group within the site or at other locations. Adopted Item No: 4 From: Councillors Zeltzer, Robertson and Kirillova Date: 17 April 2013 File No: 900.G Note: Late correspondence was tabled at the meeting from Council’s Manager Property,

Zubin Marolia. (Zeltzer/Robertson)

20/6 That subject to Council granting consent to DA 467/2012, Council resolve to repaint the Gaden Centre, at the same time that the proposed refurbishment is being undertaken pursuant to DA 467/2012, which includes the addition of a lift for improved access, new kitchen, addition of the deck, removal of asbestos present in the existing structure, and new landscaping. Adopted Item No: 5 From: Councillor Robertson Date: 17 April 2013 File No: 900.G (Robertson/Wynne) That Council a. notes the Final Report from the Expert Panel on Constitutional Recognition of Local

Government; b. reaffirms its support for financial recognition of local government in the Australian

Constitution; c. requests the Mayor to write to the federal Minister for Local Government, the Hon Anthony

Albanese, calling on the Australian Government to confirm its commitment to holding a referendum by 2013 on recognition of local government in the Australian Constitution.

d. requests the Mayor to write also to the NSW Minister for Local Government, the Hon Don Page, calling on the NSW Government to support constitutional recognition for financial recognition of local government in the Australian Constitution.

Lost



Item No: 6 From: Councillor Robertson Date: 18 April 2013 File No: 900.G (Robertson/Kirillova)

21/6 That Council request staff to prepare a report on the establishment of a municipal seed catalogue and propagation program for Woollahra’s indigenous tree species. Adopted Item No: 7 From: Councillor Robertson Date: 18 April 2013 File No: 900.G (Robertson/Wynne) 1. That Council notes with real concern that the NSW government's white paper on planning

proposes changes that will:

a) Reduce the right of most residents in Woollahra to have a say on new developments even when they directly impact on their homes and neighbourhoods.

b) Require Council to implement rezoning decisions made by regional planning boards on which councils will have minority representations, and require this even where there is strong local opposition to the changes in the community;

c) Make housing even more expensive in our local community by requiring infrastructure levy payments on any additional housing built in Woollahra that will be redirected to other areas.

2. That the Mayor be requested to write accordingly to the relevant Minister. Lost Note: A Division was called by Councillors Robertson and Boskovitz For the Motion Against the Motion Councillor Wynne Councillor Boskovitz Councillor Wise Councillor Bennett Councillor Robertson Councillor Levenston Councillor Kirillova Councillor Marano Councillor Thomas Councillor Zeltzer Councillor Cavanagh Councillor Petrie

4/8



Item No: 8 From: Councillor Kirillova Date: 18 April 2013 File No: 900.G (Kirillova/Thomas)

22/6 That a report be submitted by Council staff as to what procedures would need to be followed by Council in order to retain the three trees currently designated for removal as part of the Yarranabee Park Plan of Management. The report to also include whether retention of the trees would require a change to the Plan of Management and the state of the trees. The Motion was declared Adopted on the casting vote of the Mayor



Questions for Next Meeting Item No: 13

Subject: Questions for Next Meeting

Author: Gary James, General Manager File No: 467.G/Q 10 Reason for Report: To allow Councillors to ask Questions for Next Meeting in accordance with

Council’s Code of Meeting Practice. (Boskovitz/Wynne)

23/6 That Councillors ask Questions for Next Meeting in accordance with Council’s Code of Meeting Practice. Adopted The following questions were asked:-

Councillor Boskovitz asking (on behalf of himself and Councillors Bennett and Wynne): Vaucluse Road, Vaucluse has had an increasing amount of traffic on it over the last few years. A huge amount of work is being undertaken which has: 1. caused a large amount of illegal car parking which creates dangerous traffic conditions, 2. cause large amounts of damage to our roads. Whilst I understand that we regulate car parking in this area and we collect bonds to repair the roads post development, these measures don’t seem to be working. What has Council done to remedy the issue of illegal parking and do Council have a plan to repair the extensively damaged road surfaces? Director Technical Services in response: On notice

Councillor Kirillova asking: Could Council consider improving the signage at the intersection of Bay and Cross Streets, Double Bay to reduce motorist’s confusion? Director Technical Services in response: On notice



Councillor Thomas asking: Can we please get an update on the electrical issues affecting the street lights in New South Head Road from Bay Street on the left driving east? The water/rain keeps blacking them out. I understand Council is looking into a long-term way of rectifying the problem. Director Technical Services in response: We have an electrician doing some very detailed research work to see how we can remedy the problem once and for all.

Councillor Zeltzer asking: In light of the fact we are approaching ANZAC Day, can we arrange some type of commemorative function around the Cenotaph in Double Bay, or lay a wreath at the Cenotaph and can the gardens and surrounds be tidied up for the day. Director Technical Services in response: We have an ongoing understanding that come the 25th April we have all of our Cenotaphs looking as good as they possibly can. I will speak to the Manager Open Space and Trees tomorrow to make sure that this Cenotaph gets special attention. In terms of organising commemorative functions and laying wreaths, the RSL’s organise those activities. Mayor in further response: These are valid points to consider for next year.

There being no further business the meeting concluded at 10.27pm.

We certify that the pages numbered 1174 to 1232 inclusive are the Minutes of the Ordinary Meeting of Woollahra Municipal Council held on 22 April 2013 and confirmed by Council at the

ordinary Meeting of Council on 13 May 2013 as correct.

________________________ ________________________ General Manager Mayor

Council Meeting Meeting..... 1176 Confirmation of Minutes..... 1177 Leave of Absence ..... 1177 ......

Documents

Transcript of Council Meeting Meeting..... 1176 Confirmation of Minutes..... 1177 Leave of Absence ..... 1177 ......