Inspection Minutes - 14 April 2012 - Waverley Council...the appointment or election of the...

0000000000000000000000000000000007 10 May 2012 A meeting of COUNCIL will be held at Waverley Council Chambers, Bondi Road, Bondi Junction at:

7.00PM, TUESDAY, 15 MAY 2012 QUORUM: Seven Councillors. APOLOGIES: E-mail the General Manager or Governance Manager.

Late notice by telephone or through a Councillor attending the meeting.

Tony Reed GENERAL MANAGER MEETING DATES FOR JUNE 2012 Council (Inspection) Meeting 02/06/2012 Finance, Ethics & Strategic Planning Committee 05/06/2012 Community, Housing, Environmental Services & Public Works Committee 05/06/2012 Council 19/06/2012 Development Control Committee 26/06/2012

Waverley Council

PO Box 9, Bondi Junction, NSW 1355 DX 12006 Bondi Junction. Telephone: 9369 8000 Fax: 9387 1820 TTY: 9389 9827 (For hearing impaired)

Waverley Council Meeting – Tuesday, 15 May 2012 2

AGENDA 1205.1 STATEMENT OF AFFIRMATION & ACKNOWLEDGMENT OF

INDIGENOUS HERITAGE The Mayor will read the following Statement of Affirmation and Acknowledgment of Indigenous Heritage. “We, the Elected Members and staff of Waverley Council undertake to act with honesty and integrity, and conduct ourselves in a way that engenders trust and confidence in the decisions we make on behalf of the Waverley community.

Waverley Council respectfully acknowledges our indigenous heritage and recognises the ongoing Aboriginal traditional custodianship of the land which forms our Local Government Area.” 1205.2 LEAVES OF ABSENCE AND APOLOGIES 1205.3 DECLARATIONS OF INTEREST 1. ____________________________________________________________________ 2. ____________________________________________________________________ 1205.4 CONFIRMATION OF MINUTES 1205.4.1 PAGE 18 Council Inspection Meeting – 14 April 2012 Recommendation: That the Minutes of the Council Inspection Meeting of 14 April 2012 be received and noted and that such Minutes be confirmed as a true record of the proceedings of that meeting. 1205.4.2 PAGE 25 Council Meeting – 17 April 2012 Recommendation: That the Minutes of the Council Meeting of 17 April 2012 be received and noted and that such Minutes be confirmed as a true record of the proceedings of that meeting.


1205.5 ADDRESSES TO COUNCIL BY MEMBERS OF THE PUBLIC 1. ____________________________________________________________________ 1205.6 MAYORAL MINUTE 1205.7 OBITUARIES (A02/0017) The Mayor will ask Councillors for the submission of any Obituary Notices. Recommendation (if required): That a letter of sympathy be forwarded to the family/ies of the deceased expressing the condolences of the Mayor, Councillors and staff in the bereavement they have experienced. Council will rise for a minute’s silence for the souls of people generally who have died in our Local Government Area. 1205.8 QUESTIONS BY COUNCILLORS WITH NOTICE 1205.8.1 Purchase of commercial over and cook top for kitchen in Council Chambers The following question was submitted by Cr Sloan: Does Council intend to purchase and install a new all in one commercial oven / cook top and fryer for the Council Chambers kitchen? 1205.8.2 Public place recycling in Tamarama Park The following question was submitted by Cr Cancian: Can the Director, Public Works and Services inform Council if public place recycling occurs in Tamarama Park? 1205.8.3 Update on fox control The following question was submitted by Cr Cancian: Can the relevant Director update Council on what has been done in relation to the motion on foxes passed at the February Council Meeting?


1205.8.4 Ausgrid work in the Waverley Local Government Area The following question was submitted by Cr Kanak: Given that there have been complaints at Bondi and North Bondi Precincts where constituents have variously said that the Ausgrid workers / operations have been lazy (leaving barricades in residents’ street parking spots over a weekend and St Patrick's Day), ill-timed (intruding on morning peak hour traffic flows) and generally disruptive, is there anything Council can do to reduce the intrusive negative impacts the Ausgrid work is having on our community? 1205.8.5 Compliance procedures for multi unit dwellings The following question was submitted by Cr Kanak: What legislation / regulations allow Council’s Compliance Officers to 'raid' a premises / units suspected of running illegal backpacker operations, especially where the large number of occupants in some strata multi unit dwellings are putting pressure and strain on a building's infrastructure and in some cases causing unsanitary health impacts and unfair strata plumbing costs to owner occupiers because of overloaded sewerage plumbing breakdowns related to the overuse of the facilities from the increased number of illegal short term occupants? 1205.8.6 Late submission to the Department of Planning and Infrastructure The following question was submitted by Cr Main: Will officers be making a late submission to the Department of Planning and Infrastructure on its ‘Draft Policy Statement Plan Making and Delegations’ currently on exhibition, strenuously objecting to the proposed right of proponents to appeal decisions on rezoning to a Joint Regional Planning Panel (JRPP) as never before in NSW planning history where a Council’s decision has always been final? 1205.9 QUESTIONS BY COUNCILLORS TO THE MAYOR WITHOUT NOTICE Note from the General Manager: In accordance with Council’s adopted procedures, each Councillor may ask the Mayor one question without notice. Councillors are requested to submit their question in writing to the Mayor at the time the question is asked. 1. ____________________________________________________________________


1205.10 PUBLICATIONS RECEIVED Recommendation: That Council receive and note the following publications received from public bodies: 1. Australian Competition & Consumer Commission – Update – Issue 33 – Autumn 2012. 2. NSW Government – Sydney over the next 20 years – A Discussion Paper – May 2012. 3. NSW Companion Animals Taskforce Discussion Paper – May 2012. 4. Premier & Cabinet – Circular to Councils – Amendments to the Local Government Act

1993 – 7 May 2012. 5. Premier & Cabinet – Circular to Councils – 2012 Councillor Development Strategy – 19

April 2012. 6. Premier & Cabinet – Circular to Councils – Release of Companion Animals Taskforce

Discussion Paper – 7 May 2012. 7. Corruption Matters – ICAC – Number 39 – May 2012. 1205.11 NOTICE OF MOTIONS SUBMITTED BY COUNCILLORS Note from the General Manager: Council should note that for the purposes of budgetary control and planning, any Notices of Motion received and endorsed by Council, will be assessed for budgetary implications. If they cannot be achieved within existing allocations they will be referred to the Finance, Ethics & Strategic Planning Committee for its consideration of budget implications, in conjunction with the budget estimates or at a quarterly review of the budget. The report to Council about progress in achieving Council’s Motions will also highlight whether budget issues are involved. 1205.11.1 PAGE 49 RESCISSION MOTION – Council Inspection Meeting – 14 April 2012 – Item I-1204.2.5 – 227-229 Old South Head Road, Bondi – Demolition of the existing building and construction of residential flat building containing 24 apartments with basement car parking (DA 294/2011) This matter was last considered at the Council Inspection Meeting held on 14 April 2012. Subsequently, the following Notice of Rescission was submitted by Crs Betts, Clayton and Kay: “We, the undersigned, give notice of our intention to rescind the decision made by Council at its Inspection meeting on 14 April 2012 regarding Item I-1204.2.5 – 227-229 Old South Head


Road, Bondi – Demolition of the existing building and construction of residential flat building containing 24 apartments with basement car parking (DA 294/2011). Crs Betts, Clayton and Kay”. A copy of the Minute Extract and the report from the Inspection Meeting held on 14 April 2012 are attached to the agenda. Recommendation: That Council determine the Rescission Motion. 1205.11.2 Request to change the date of the 2012 Mayoral Election The following Notice of Motion was submitted by Crs Goltsman and Kay: “That Council change the date of the 2012 Mayoral Election from Tuesday, 25 September to either Thursday, 20 September or Thursday, 27 September as determined by Council's Divisional Manager, Governance and Integrated Planning and the Local Government Act 1993 so that it does not clash with Yom Kippur, the most holy day of the year in the Jewish calendar. BACKGROUND In 2012, Yom Kippur (the Jewish Day of Atonement – being the most holy day of the year in the Jewish calendar) starts at sundown on the evening of Tuesday, 25 September and concludes at nightfall on the following day. Hence, any Jewish Councillors elected to Waverley Council for the new term of Council, and any Jewish residents, would not be able to attend the Mayoral Election, which is currently scheduled for 7pm on Tuesday, 25 September 2012. Considering that 25% of Waverley's sitting Councillors are Jewish and that all are recontesting the 2012 election, it would be inequitable and severely biased to exclude their vote on this important occasion. To retain the current date for the 2012 Mayoral Election would therefore be insensitive and inappropriate, especially considering that the Waverley local government area has a high proportion of Jewish residents, being around 17% (from the 2006 Census), but probably more. Hence, we are proposing that there be a change to the date of the 2012 Mayoral Election. Changing the date would align with Waverley's vision statements that "everyone is welcome to participate positively in community life" and "we act together as a compassionate society". Also, supporting this change is Waverley's value of 'Respect for all', which states that "Respect for all is treating each other and all members of the community in a friendly, fair and equitable way." In 2012, Rosh Hashanah (the Jewish New Year) is the two days from sundown on Sunday, 16 September to sundown Tuesday, 18 September. The timing of the Rosh Hashanah evening service and the customary family meal that follows on Tuesday, 18 September would suggest that this would not be a good alternative for the Mayoral Election. Consultation with a Rabbi has concluded that the days between Rosh Hashanah and Yom Kippur would be available for Jewish Councillors and residents to attend the Mayoral Election.


The Local Government Act 1993, Section 290 indicates that the election of the Mayor by the Councillors is to be held within 3 weeks after the ordinary election, if it is the first election after an ordinary election of Councillors, and states that the election of Councillors does not conclude until the declaration of election of all the Councillors of the Council concerned. Section 290 is repeated in full below. Hence, we have determined that the two best alternative dates for the 2012 Mayoral Election, and our Jewish Councillors and residents, are Thursday, 20 September and Thursday, 27 September. We acknowledge that the 20th may be too early as it could perceivably conflict with the declaration of the election, and therefore Thursday, 27 September may be the preferable date. We are happy to let the Divisional Manager, Governance and Integrated Planning make the choice. Section 290 of the Local Government Act 1993 states: “When is an election of a Mayor by the Councillors to be held?

1. The election of the Mayor by the Councillors is to be held:

(a). if it is the first election after an ordinary election of Councillors—within 3 weeks after the ordinary election, or

(b). if it is not that first election or an election to fill a casual vacancy—during the

month of September, or

(c). if it is the first election after the constitution of an area—within 14 days after the appointment of a provisional council or the first election of the Council if a provisional Council is not appointed, or

(d). if the relevant Council is a non-functioning Council, or a Council of which all civic

offices have been declared vacant, and the election is the first to be held after the appointment or election of the Councillors—within 14 days after the appointment or election of the Councillors.

2. If the Councillors fail to elect a Mayor as required by this section, the Governor may

appoint one of the Councillors as the Mayor. 3. For the purposes of this section, an election of Councillors does not conclude until the

declaration of election of all the councillors of the council concerned. Note: The filling of a casual vacancy in the office of a Mayor elected by the Councillors is dealt with in section 295.” 1205.11.3 William’s Walk The following Notice of Motion was submitted by Crs Goltsman and Kay: “That: 1. Council endorse the Arthritis NSW awareness fundraising event 'William's Walk' as an

annual April event to coincide with the anniversary of William Harris’ passing.


2. An annual report confirming arrangements for the event be provided to Council. BACKGROUND An extremely successful William's Walk fundraising event occurred on Sunday, 22 April 2012 in memory of William Harris’ passing from the disease arthritis. This fundraising event had been unanimously supported by Council at its February 2012 meeting. The event achieved the following outcomes: 1. Raised much needed funds to support children with arthritis. 2. Promoted Arthritis NSW and the awareness that arthritis can affect anybody at any

age. 3. Raised awareness that arthritis is a life changing chronic condition and, in some

instances, can result in death. In Australia, on average, 1 in 1,000 children suffer from arthritis and in total, 1 in 5 people have some form of arthritis. It also indirectly affects everyone.

4. Received enormous support from the community and attracted a large number of

families. 5. Council was promoted, and acknowledged, by Arthritis NSW staff and organisers as a

valuable sponsor. 6. Proved to be low impact with no complaints from residents or staff, and only incidental

costs were incurred by Council.” 1205.11.4 Support for heritage The following Notice of Motion was submitted by Cr Main: “That: 1. Council officers be requested to prepare a report identifying opportunities to encourage

community awareness of, and value for, Waverley’s built and natural heritage. 2. The report identify opportunities and incentives to support owners of heritage

properties and properties in conservation areas, or of contributory buildings and other heritage features identified in Waverley’s LEP, to undertake improvements or to enjoy the benefits of heritage custodianship.

3. The report makes recommendations to Council for implications regarding resources

necessary to achieve the report’s objectives, together with incentives or programmes which could help to inform heritage values and conservation in Waverley.

BACKGROUND Recognition of Waverley’s significant heritage values and qualities has recently been supported by the gazettal of Amendment 33 to the Waverley LEP 1996. It is timely to demonstrate Council’s commitment to heritage in the Local Government Area through the provision of information to owners, to identify grants or benefits available through the NSW


Heritage office, through the Valuer General’s valuations, and potential for Council’s small grants or other suitable programme to assist owners, and to consider developing restoration or renovation guidelines and to expand the promotion of awards and other incentives to advance heritage in Waverley.” 1205.11.5 Public interest and social impacts The following Notice of Motion was submitted by Crs Kanak and Main: “That Council officers be requested to lobby the State Government for a change in legislation to the Codes SEPP (Exempt and Complying) to refuse a change in use as complying development where there is potential for, or actual proposed, alcohol consumption or sales included in the application. BACKGROUND Under the Environmental Planning & Assessment Act (EP&A Act) 1979, Section 79C Evaluation 1 (v)(b)(c)&(e), planners are required to assess both social and public interest impacts. The NSW Bureau of Crime Statistics and Research (BOSCAR) and the Foundation for Alcohol Research and Education (FARE) data is identifying increasing levels of alcohol related harm on Waverley’s community. The Office of Liquor Gaming and Racing (OLGR) is currently conducting a state wide density impact study on the cumulative effects of alcohol outlet clustering indicating widespread community concern about the proliferation of alcohol, and Waverley has been identified in recent statistics as moving from number 25 to number 18 in Local Government Area rankings for liquor related offences and liquor offences in licensed premises, and outdoor / public premises have risen by 20%. Council needs to investigate and adopt any available powers to limit the number of liquor outlets in the community.” 1205.11.6 The Justice Reinvestment Campaign The following Notice of Motion was submitted by Cr Kanak: “That Council officers investigate opportunities for Council and Waverley's community to contribute to, and partner with, the Justice Reinvestment Campaign which seeks to divert funds away from prisons into programs addressing the causes of crime in communities and which was the subject of recent media when the Governor of NSW, Professor Marie Bashir, and Aboriginal spokespeople, as well as other community members, backed this campaign. BACKGROUND Recently (reportedly) female bystanders got run over on a Kings Cross footpath by a car driven by Aboriginal youths just prior to NSW Police apprehending these youths by shooting and physically assaulting one of them. A group of prominent identities from different walks of life are backing a new campaign calling for a whole new approach in New South Wales to the shameful number of young Aboriginal Australians in juvenile detention.


The Governor of New South Wales, Her Excellency Marie Bashir, Brownlow Medallist and AFL star Adam Goodes, acting legend Jack Thompson, retired High Court Justice, The Hon Michael Kirby AC CMG, and the highly respected Nicholas Cowdery AM QC, former NSW Director of Public Prosecutions, are just some of the many people supporting the ‘Justice Reinvestment Campaign’. Shocking figures in NSW now show that Aboriginal young people (who make up just 2.2% of the population) make up half the juvenile detention population and are 28 times more likely to end up in juvenile detention than non-Aboriginal young people at an annual cost of over $230,000 per person. Justice Reinvestment is about diverting funds away from prison and into programs to address the causes of crime in communities. ‘The current situation is totally unacceptable and shameful’, the Aboriginal and Torres Strait Islander Social Justice Commissioner, Mick Gooda said. ‘We need to do much better. Putting Aboriginal and Torres Strait Islander people in detention centres and prisons should obviously be the last resort. If we are actually serious about closing the massive gap in life outcomes for Aboriginal and Torres Strait Islander people, then we have to get serious about tried and tested alternatives like justice reinvestment.’ Justice Reinvestment Campaign organisers say it’s far more pragmatic for the NSW Government to spend less on putting people in prison and more on addressing the issues that lead to Aboriginal people ending up in jail. They also highlight that the NSW government was elected with a justice policy that contains the principles of justice reinvestment. Aboriginal imprisonment has leapt by more than 50% in just 10 years. Aboriginal Australians nationally now account for a quarter of Australia’s overall male prison population and a third of its overall female prison population.” 1205.11.7 Improving community relationships and reducing crime The following Notice of Motion was submitted by Cr Kanak: “That Council work with the Aboriginal Torres Strait Islander Community, the NSW Reconciliation Council, the NSW Police Services, 'Our Big Kitchen', and the Member Councils of the Eastern Region Local Government Aboriginal Torres Strait Islander Forum to address and avoid situations such as that which occurred recently at Kings Cross involving injuries to female community bystanders and bullet-wounded car-driving Aboriginal male youths apprehended under gunfire and physical assault / force by the NSW Police. BACKGROUND On Tuesday, 24 April 2012 Rabbi Feldman told us, in Her Excellency's presence, that the Governor of NSW and Acting Governor General of Australia, Professor Marie Bashir, Chancellor of Sydney University, had provided her recipe for a Sydney University Student InterFaith Council community gathering in 'Our Big Kitchen' at Yeshiva College, Flood Street, Waverley to make ANZAC biscuits which were then sold for charity. During and following this event, Rabbis suggested and offered that 'Our Big Kitchen' could provide an opportunity for the Aboriginal community and the NSW Police Services to prepare food together as a


community relations building exercise. After street marching from Waverley Park Cenotaph on Wednesday, 25 April ANZAC Day 2012 to Bondi Junction RSL, the new Waverley Police Area Command Inspector – Customer Service was informed of the Rabbi’s offer. Before street marching from Redfern Park to ‘The Block’ on ANZAC Day 2012, after 3 cheers were given in Her Excellency's presence for the Governor of NSW / Governor General of Australia, conversations occurred with the Aboriginal Youth Worker from Redfern FactTree Youth Centre and the Redfern Police Liaison Officer. From these events and conversations, it is clear that a number of people and organisations are sympathetic to the intention of this Motion to both reduce crime and improve community relationships. The ERLGATSIF Forum includes Randwick, Woollahra and City of Sydney Councils as members and covers the geography of Kings Cross (where the incident happened), and Redfern and La Perouse (which have urban population hubs for the Aboriginal Torres Strait Islander community). I understand inquiries have begun into the Kings Cross incident, and some matters covered in the inquiry will be the injuries to female bystanders who were run over by the Aboriginal male youths, and also whether the nature and amount of gunfire / physical force used on the Aboriginal youths during the NSW Police apprehension was justified.” 1205.12 ADDITIONAL MATTERS FOR CONSIDERATION 1205.12.1 PAGE 105 Revised Statement of Business Ethics (A06/1397) Report dated 16 April 2012 from the Director, Corporate and Technical Services about the adoption of a revised Statement of Business Ethics. Recommendation: That Council adopt the revised Statement of Business Ethics attached to this report. 1205.12.2 PAGE 121 Licence Agreement Tamarama Kiosk (A02/0235) Report dated 3 May 2012 from the Director, Corporate & Technical Services about the Licence Agreement for Tamarama Kiosk. Recommendation: That: 1. Council approves a further 12 month temporary licence with Mr Alan Lewis for the

operation of the Tamarama Kiosk. 2. The Mayor and General Manager be authorised to complete negotiations, execute

documents and affix the Council seal where necessary.


1205.12.3 PAGE 123 Request for the calling of tenders for pest control services (A09/0586) Report dated 3 May 2012 from the Director, Corporate & Technical Services seeking to proceed to tender for the provision of pest control services. Recommendation: That Council approves the calling of tenders for Pest Control Services. 1205.12.4 PAGE 124 Budget Review (A03/0346) Report dated 4 May 2012 from the Director, Corporate & Technical Services on Council’s 3rd Quarter Budget Review for 2011/12. Recommendation: That Council: 1. Receive and note this report on the budget review for the 3rd quarter 2011/12. 2. Receive and note the Quarterly Budget Review Statement (QBRS) for the 3rd quarter

2011/12. 3. Vary the allocations to the recurrent and capital works budget in accordance with the

review document. 1205.12.5 PAGE 157 Rowe Street Bus Rail Interchange Access (A03/1380-03) Report dated 30 April 2012 from the Acting Director, Planning and Environmental Services responding to the Mayoral Minute from 21 February 2012, which requests initial research in relation to establishing a pedestrian link from Oxford Street Mall directly into the Bondi Junction Bus and Rail Interchange. Recommendation: That Council: 1. Receive and note the report from the Acting Director, Planning & Environmental

Services in response to the Mayoral Minute of 21 February 2012. 2. Formally seek advice from the Department of Planning & Infrastructure on the

likelihood of approval for the proposed lease of Rowe Street under Section 149. 3. Subject to the response from the Department of Planning & Infrastructure, prepare

documentation for a public Expression of Interest from the market for a lease to develop the Rowe Street site.


1205.12.6 PAGE 169 Delegating plan making powers to Councils (A12/0147) Report dated 4 May 2012 from the Acting Director, Planning and Environmental Services outlining the proposed changes to the plan making process for certain local environmental plans. Recommendation: That Council receive and note this report. 1205.12.7 PAGE 178 Supplementary information – Illegal dumping in multi unit dwellings education and enforcement project (A10/0556) Report dated 5 May 2012 from the Director, Public Works and Services providing results on Waste Compliance activities as a supplementary report. Recommendation: That Council receive and note the report from the Director, Public Works and Services. 1205.12.8 PAGE 180 Investment Policy (A05/0197) Report dated 4 May from the Director, Corporate & Technical Services following review of the current Investment Policy. Recommendation: That Council adopt the reviewed Investment Policy. 1205.13 ADOPTION OF COMMITTEE MINUTES 1205.13.1 PAGE 196 Development Control Committee Meeting – 24 April 2012 Recommendation: That the Minutes of the Development Control Committee Meeting of 24 April 2012 be received and noted and that such Minutes be confirmed as a true record of the proceedings of that Meeting. 1205.13.2 PAGE 209 Finance, Ethics & Strategic Planning Committee Meeting – 1 May 2012 Recommendation: That the Minutes of the Finance, Ethics & Strategic Planning Committee Meeting of 1 May 2012 be received and that such Minutes be confirmed as a true record of the proceedings of that Meeting and that the decisions contained in Clauses F- 1205.1 and F-1205.2 be received and noted, and the recommendations contained in Clauses F-1205.3 to F-1205.5 be adopted.


Save and except the following: 1. ____________________________________________________________________ 1205.13.3 PAGE 212 Community, Housing, Environmental Services & Public Works Committee Meeting – 1 May 2012 Recommendation: That the Minutes of the Community, Housing, Environmental Services & Public Works Committee Meeting of 1 May 2012 be received and that such Minutes be confirmed as a true record of the proceedings of that Meeting and that the decisions contained in Clauses C-1205.1 and C-1205.2 be received and noted, and the recommendation contained in Clause C-1205.3 be adopted. Save and except the following: 1. ____________________________________________________________________ 1205.13.4 PAGE 215 Waverley Traffic Committee Meeting – 26 April 2012 Recommendation: That Part 1 of the Minutes of the Waverley Traffic Committee Meeting of 26 April 2012 be received and noted, and that the recommendations contained in Clauses WTC-1204.C1 to WTC-1204.C6, WTC-1204.V1 to WTC-1204.V4, and WTC-1204.Z1 be adopted. Save and except the following: 1. ____________________________________________________________________ 1205.14 GENERAL MANAGER’S REPORT There is no report from the General Manager. 1205.15 PETITIONS 1205.15.1 Oxford Street, Bondi Junction – Request to increase the existing half-hour parking limit to a one hour parking limit in the vicinity of 282-290 Oxford Street, Bondi Junction to assist patients attending Eastern Suburbs Osteopathy (A02/0638) Petition containing 200 signatures, the majority of which are clients of Eastern Suburbs Osteopathy, requesting that the existing half hour parking limit in the vicinity of the practice


located at 282-290 Oxford Street, Bondi Junction be increased to a one hour parking limit to assist patients attending appointments. Recommendation: That the petition be received and noted and forwarded to the Director, Corporate & Technical Services. 1205.16 QUESTIONS BY COUNCILLORS FOR NEXT COUNCIL MEETING 1. ____________________________________________________________________ 1205.17 URGENT BUSINESS 1205.18 MATTERS TO BE DEALT WITH IN CLOSED SESSION Note from the General Manager: It is my opinion that the business listed under this section is of a kind referred to in section 10A(2) of the Local Government Act 1993 and, under the provisions of the Act and the Local Government (General) Regulation 2005, should be dealt with in a part of the meeting that is closed to members of the public and the media. In accordance with section 10A(2) of the Act, Council may close part of its meeting to deal with business of the following kind: (a) personnel matters concerning particular individuals. (b) personal hardship of any resident or ratepayer. (c) information that would, if disclosed, confer a commercial advantage on a person

with whom Council is conducting (or proposes to conduct) business. (d) commercial information of a confidential nature that would, if disclosed:

i prejudice the commercial position of a person who supplied it; or ii confer a commercial advantage on a competitor of Council; iii reveal a trade secret.

(e) information that would, if disclosed, prejudice the maintenance of law. (f) matters affecting the security of Council, Councillors, Council staff and Council

property. (g) advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the grounds of legal professional privilege. (h) information concerning the nature and location of a place or an item of

Aboriginal significance on community land.


Pursuant to section 10A(4) of the Act and clause 252 of the Regulation, members of the public may make representations to the meeting immediately after the motion to close part of the meeting is moved and seconded, as to whether that part of the meeting should be closed. The following matters are proposed to be dealt with in Closed Session: 1205.18.1 ISSUED SEPARATELY CONFIDENTIAL REPORT – New Waverley Council depot site proposed acquisition (A12/0075) Confidential Report dated 4 May 2012 from the General Manager regarding the current status of negotiations to purchase a new Waverley Council depot site. This matter is classified as confidential under the provisions of Section 10A (2)(c) of the Local Government Act 1993. 1205.18.2 ISSUED SEPARATELY CONFIDENTIAL REPORT – Provision of events and activities during the Christmas and New Year Period (A11/0595) Confidential Report dated 9 May 2012 from the General Manager regarding the provision of events and activities during the Christmas and New Year period. This matter is classified as confidential under the provisions of Section 10A (2)(c) of the Local Government Act 1993. 1205.18.3 ISSUED SEPARATELY CONFIDENTIAL REPORT – Review of Place Management in Waverley (A04/2016) Report dated 23 April 2012 from the Acting Director, Recreation, Customer and Community Services regarding the role and function of Place Management in Waverley in response to the Mayoral Minute dated 21 February 2012. This matter is classified as confidential under the provisions of Section 10A (2)(a) of the Local Government Act 1993. Before the motion to close the meeting is put, the Chair will provide an opportunity for members of the public to make representations as to whether this part of the meeting should be closed. Recommendation to move into closed session: That: 1. Council move into closed session to deal with these matters which are classified as

confidential under the provisions of Section 10A (2)(a) and (c) of the Local Government Act 1993 for the following reasons:


(a). The reports at Item 1205.18.1 and Item 1205.18.2 contain information that would, if disclosed, confer a commercial advantage on a person with whom Council is conducting (or proposes to conduct) business.

It is not in the public interest to reveal details of Council’s position with regard to these matters as doing so would place Council at a commercial disadvantage.

(b). The report at Item 1205.18.3 contains information regarding personnel matters

concerning particular individuals.

It is not in the public interest to reveal details regarding particular individuals employed by Council.

2. Pursuant to section 10A(1), 10A(2) and 10A(3) of the Local Government Act 1993, the

media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Local Government Act 1993.

3. The correspondence and reports relevant to the subject business be withheld from the

media and public as provided by section 11(2) of the Local Government Act 1993. 1205.RMP Resolutions from closed session made public In accordance with Clause 253 of the Local Government (General) Regulation 2005, when the meeting resumes in open session the Chair will announce the resolutions made by Council, including the names of the movers and seconders, while the meeting was closed to members of the public and the media. 1205.19 SUBMISSION OF RESCISSION MOTIONS Note from the General Manager: Rescission motions must be submitted to the General Manager, or in the absence of the General Manager a member of Council’s Governance Unit, and announced before the close of the meeting. The date and time of receipt will be noted on all rescission motions. Rescission motions received before 10am on the next working day following the meeting will stay action to implement Council’s decision until the rescission motion has been determined. This is in line with section 372 of the Local Government Act and Council’s Code of Meeting Practice. Rescission motions received after 10am on the next working day following the meeting may not stay action on implementing Council’s decision. Rescission motions will generally be dealt with at the next Council meeting. The Chair will call for the submission of any rescission motions.

This is Page 1 of the Minutes of the Council Inspection Meeting held on Saturday, 14 April 2012. MAYOR

MINUTES OF WAVERLEY COUNCIL INSPECTION MEETING HELD AT THE WAVERLEY COUNCIL CHAMBERS ON SATURDAY, 14 APRIL 2012

PRESENT

Councillor Wakefield (Mayor) (Chair) Councillors Betts, Cancian, Clayton, Goltsman, Kanak, Kay, Main, Sloan and Strewe.

At the commencement of proceedings at 12.36pm, those present were as listed above with the exception of Cr Sloan who was in attendance for the site inspections and was present when the meeting reconvened in the Council Chamber at 4.57pm. At 12.40pm, Council moved into Committee of the Whole to conduct site inspections. At 4.57pm, Council reconvened in the Council Chamber. At 5.25pm, Crs Clayton and Kay, having declared an interest in Item I-1204.2.4 left the meeting at the commencement of the debate on this Item. At 5.40pm, during the debate on Item I-1204.2.4 Cr Cancian left the meeting and did not return. I-1204.A LEAVES OF ABSENCE AND APOLOGIES Crs Guttman-Jones and Jackson were previously granted a leave of absence by Council for this meeting. A late apology was received and accepted from Cr Sloan. I-1204.DI DECLARATIONS OF INTEREST The Chair called for Declarations of Interests and the following were received: 1. Cr Kay declared a pecuniary interest in Item I-1204.2.4 – No. 105 Ramsgate Avenue,

North Bondi – Demolition of existing residential flat building and erection of a dual occupancy (DA-526/2011) and informed the meeting his parents-in-law own units in an adjoining building. Cr Kay advised that he would not be participating in the on-site inspection, debate or vote on this matter.

2. Cr Clayton declared a significant non pecuniary interest in Item I-1204.2.4 – No. 105

Ramsgate Avenue, North Bondi – Demolition of existing residential flat building and erection of a dual occupancy (DA-526/2011) and informed the meeting that she would not be participating in the on-site inspection, debate or vote on this matter.

18


Council Inspection Meeting – 4 April 2012. Page 16 I-1204.1 GENERAL BUSINESS There were no items of General Business. I-1204.2 INSPECTIONS I-1204.2.1 40 Gardyne Street, Bronte – Demolition of existing dwelling and associated structures and construction of a part two and part three storey dwelling with a single garage and one bedroom unit over and a swimming pool (DA 566/2011) Report dated 24 February 2012 from the Development and Building Unit. MOTION / UNANIMOUS DECISION (Main / Sloan) That the application be refused for the following reasons: 1. The proposal does not satisfy the following provisions of the Waverley Local

Environmental Plan, 1996:

(a). Clause 2 – General Aims - (c) and (e). (b). Clause 3 – Specific Aims – 3(7) and 3(8). (c). Clause 10 – Zone Objectives. (d). Clause 49 – Development in the vicinity of landscape heritage item.

2. The proposed development will have an unacceptable impact on the streetscape of both Gardyne Street and Pacific Street and is contrary to the Bronte Beach Residential Character Study Area.

3. The proposed development will result in an unacceptable height of at least one full level

and also an unacceptable bulk and scale for the site.

4. The proposed development will adversely impact on public and private views contrary to the underlying intent of the Waverley LEP 1996.

5. The single garage and associated crossover is an unnecessary additional vehicle

crossover impacting on the Hills Fig street tree which forms part of a landscape heritage conservation area and will impede safe pedestrian and vehicular movements.

6. The proposed development is not in the public interest.

7. The proposal provides for overlooking and the overshadowing of the property at 40 Pacific

Street that are unacceptable, noting ground level changes.

8. The extent of the decking is excessive.

9. Particularly with reference to unacceptable setbacks, the height of the boundary walls and fence and the extent of excavation; the end result is an overdevelopment of the site and

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Council Inspection Meeting – 4 April 2012. Page 17 10. should respond to the stepping nature of adjacent developments. The undercroft areas,

whilst not included as FSR, exacerbate bulk impacts of the development.

11. The bulk and length associated with the eastern and western cantilevered sections is unacceptable.

12. The proposed development will adversely impact on views from the public domain which

is contrary to the Waverley DCP which clearly states that views from the public domain are to be protected.

13. The proposed development does not step down the steep sloping site as per the

Waverley DCP.

14. The proposed development will adversely affect the importance given in the Waverley DCP to protecting the steps and laneways in the public domain, as part of Council’s Greenlinks that in this case, connect residents and visitors to the beach.

Division For the Motion: Crs Betts, Cancian, Clayton, Goltsman, Kanak, Kay, Main, Sloan,

Strewe and Wakefield. Against the Motion: Nil. I-1204.2.2 42A Gardyne Street, Bronte – Section 96 application to modify approved landscaping plan (DA 277/2008/C) Report dated 13 March 2012 from the Development and Building Unit. MOTION / UNANIMOUS DECISION (Strewe / Betts) That the application be approved in accordance with the conditions contained in this report subject to an amendment to Condition (f) i. Under Part 2 – General Modifications so as to provide for the following: 1. The trees that the applicant has agreed to remove are to be removed and the other trees

are to be relocated to their previously approved position as per the approved Landscape Plan.

Division For the Motion: Crs Betts, Cancian, Clayton, Goltsman, Kanak, Kay, Main, Sloan,

Strewe and Wakefield. Against the Motion: Nil. I-1204.2.3 Unit 3, 30 Lamrock Avenue, Bondi Beach – Alterations and part additional floor to unit 3 of a residential flat building (DA 347/2011) Report dated 29 February 2012 from the Development and Building Unit.

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Council Inspection Meeting – 4 April 2012. Page 18 MOTION / DECISION (Clayton / Goltsman) That the application be granted Deferred Commencement Consent in accordance with the conditions contained in the DBU report subject to the following: 1. The two (2) northern most windows on the top level of the eastern elevation be frosted

glass. Division For the Motion: Crs Betts, Cancian, Clayton, Goltsman, Kanak, Kay and Sloan. Against the Motion: Crs Main, Strewe and Wakefield. I-1204.2.4 105 Ramsgate Avenue, North Bondi – Demolition of existing residential flat building and erection of a dual occupancy (DA 526/2011) Cr Kay declared a pecuniary interest in this Item and informed the meeting his parents-in-law own units in an adjoining building. Cr Kay was not present at the on-site inspection and was not present at or in sight of the meeting while Council considered and voted on this item. Cr Clayton declared a significant non pecuniary interest in this Item. Cr Clayton was not present at the on-site inspection and was not present at or in sight of the meeting while Council considered and voted on this item. Report dated 14 March 2012 from the Development and Building Unit. MOTION (Strewe / Sloan) That the application be granted Deferred Commencement Consent in accordance with the conditions contained in this report subject to the following: 1. The roof form must follow the existing roof form. The proposed half-roof towards the rear

of the building on the ocean side, between 97 and 105 Ramsgate Avenue, is unacceptable and sets an unacceptable precedent for Bondi. The roof is to be the roof form approved by the Land & Environment Court and as indicated on the tabled plans submitted by Cr Strewe utilising pages 147 and 149 of the agenda papers.

2. The third element, being the sandstone block base on the ocean side (the first and

second elements being the rock platform and the concrete building) is not an acceptable design form and the material of the building proper is to continue to the natural sandstone rock platform. Council notes and appreciates the applicant’s preparedness to do this.

3. The steps down between the buildings at 105 and 107 Ramsgate Avenue, ie. on the south

side, are not to be built on or over. Existing minimal setbacks are to be maintained. 4. No additional height or length on the structures between 97 and 105 Ramsgate Avenue.

The structures may be replaced or changed but not enlarged.

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Council Inspection Meeting – 4 April 2012. Page 19

5. The lowest level of the structure, ocean side, is not to extend further than the existing

platform and anything above that is to be setback further.

6. No screening on the sides of the balconies and no enclosure of any balconies.

7. The ocean side setback (the rear setback) on the top four (4) floors of the building is to be 2 metres from the base.

8. No vents or ducts, mechanical or otherwise, are to be visible in the public domain and no noise is to be emitted from these into the public domain.

9. The roof line is to be clean, no overruns, vents, etc.

10. Previous geotechnical reports are to be reviewed and updated.

11. Dilapidation reports are to be conducted and copies of these, photographs of the buildings

and assessments are to be lodged with Council.

AMENDMENT (Main / Cancian) That the Motion be adopted subject to the ocean elevation of the building being reconfigured to achieve symmetry and reference to the historic character of Bondi Beach’s Ben Buckler Urban Conservation Area Foreshore and to the existing building, to the satisfaction of the Director, Planning & Environmental Services. THE AMENDMENT WAS PUT AND DECLARED LOST. Division For the Amendment: Crs Cancian, Kanak and Main. Against the Amendment: Crs Betts, Goltsman, Sloan, Strewe and Wakefield. A FURTHER AMENDMENT WAS MOVED. AMENDMENT (Kanak / Main) That the Motion be adopted subject to the car spaces being at grade and being reduced to two (2) and the car stacker be deleted. THE AMENDMENT WAS PUT AND DECLARED LOST. Division For the Amendment: Crs Kanak, Main and Wakefield. Against the Amendment: Crs Betts, Goltsman, Sloan and Strewe. Cr Cancian was not in the Chamber when the vote was taken for this Amendment. THE MOTION WAS THEN PUT AND DECLARED CARRIED.

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Council Inspection Meeting – 4 April 2012. Page 20 DECISION: That the Motion be adopted. Division For the Motion: Crs Betts, Goltsman, Sloan and Strewe. Against the Motion: Crs Kanak, Main and Wakefield. Cr Cancian was not in the Chamber when the vote was taken for the Motion. I-1204.2.5 227-229 Old South Head Road, Bondi – Demolition of the existing building and construction of residential flat building containing 24 apartments with basement car parking (DA 294/2011) A Rescission Motion on this item, duly signed by Crs Betts, Clayton and Kay was submitted after the close of the meeting. The Rescission Motion will now be referred to the next meeting of Council scheduled for Tuesday, 15 May 2012 for consideration. Report dated 24 February 2012 from the Development and Building Unit. MOTION / DECISION (Cancian / Main) That the application be refused in accordance with the reasons contained in the DBU report subject to the following additional reasons for refusal: 1. The proposal would have adverse traffic congestion implications. 2. The proposal would have adverse impacts on the amenity of the neighbouring park

including overshadowing. THE MOTION WAS PUT AND DECLARED CARRIED ON THE CASTING VOTE OF THE CHAIR. Division For the Motion: Crs Cancian, Kanak, Main, Strewe and Wakefield. Against the Motion: Crs Betts, Clayton, Goltsman, Kay and Sloan. I-1204.RM SUBMISSION OF RESCISSION MOTIONS Note from the General Manager: Rescission motions must be submitted to the General Manager, or in the absence of the General Manager a member of Council’s Governance Unit, and announced before the close of the meeting. The date and time of receipt will be noted on all rescission motions. Rescission motions received before 10am on the next working day following the meeting will stay action to implement Council’s decision until the rescission motion has been determined. This is in line with section 372 of the Local Government Act and Council’s Code of Meeting Practice.

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Council Inspection Meeting – 4 April 2012. Page 21 Rescission motions received after 10am on the next working day following the meeting may not stay action on implementing Council’s decision. Rescission motions will generally be dealt with at the next Council meeting. The Chair called for the submission of any rescission motions and none were received. THE MEETING CLOSED AT 5.45PM SIGNED AND CONFIRMED

15 MAY 2012 MAYOR

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This is Page 1 of the Minutes of the Council Meeting held on Tuesday, 17 April 2012. MAYOR

MINUTES OF THE WAVERLEY COUNCIL MEETING HELD AT THE WAVERLEY COUNCIL CHAMBERS ON TUESDAY, 17 APRIL 2012

PRESENT

Councillor Wakefield (Mayor) (Chair) Councillors Betts, Cancian, Clayton, Goltsman, Guttman-Jones, Kanak,

Kay, Main, Sloan and Strewe.

At the commencement of proceedings at 7.07pm those present were as listed above with the exception of Cr Kanak who arrived at 7.09pm. 1204.1 STATEMENT OF AFFIRMATION & ACKNOWLEDGMENT OF

INDIGENOUS HERITAGE The Mayor read the following Statement of Affirmation and Acknowledgment of Indigenous Heritage. “We, the Elected Members and staff of Waverley Council undertake to act with honesty and integrity, and conduct ourselves in a way that engenders trust and confidence in the decisions we make on behalf of the Waverley community. Waverley Council respectfully acknowledges our indigenous heritage and recognises the ongoing Aboriginal traditional custodianship of the land which forms our Local Government Area.” 1204.2 LEAVES OF ABSENCE AND APOLOGIES Cr Jackson was previously granted a leave of absence by Council for this meeting. 1204.3 DECLARATIONS OF INTEREST The Mayor asked for any Declarations of Interests and the following were received. 1. Cr Kay declared a pecuniary interest in Item 1204.13.1 – Development Control

Committee Meeting Minutes – 27 March 2012 - Clause D-1203.18 – 105 Ramsgate Avenue, North Bondi – Demolition of existing residential flat building and erection of a dual occupancy (DA-526/2011) and informed the meeting his parents-in-law own units in a neighbouring block.

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Council Meeting – 17 April 2012. Page 56 2. Cr Kay declared a pecuniary interest in Item 1203.13.4 – Waverley Traffic Committee

Meeting Minutes – 22 March 2012 - Clause WTC-1203.L1 – Ramsgate Avenue, North Bondi – Installation of Construction Zone (A03/2514-03) and informed the meeting his parents-in-law own units in a neighbouring block.

3. Cr Clayton declared a significant non pecuniary interest in Item 1204.13.1 –

Development Control Committee Meeting Minutes – 27 March 2012 - Clause D-1203.18 – 105 Ramsgate Avenue, North Bondi – Demolition of existing residential flat building and erection of a dual occupancy (DA-526/2011).

4. Cr Clayton declared a significant non pecuniary interest in Item 1203.13.4 – Waverley

Traffic Committee Meeting Minutes – 22 March 2012 - Clause WTC-1203.L1 – Ramsgate Avenue, North Bondi – Installation of Construction Zone (A03/2514-03).

5. Cr Strewe declared a significant non pecuniary interest in Item 1204.15.1 – Castlefield

Street, Bondi – Introduction of Residential Parking Scheme and angle parking (A03/0351-03) and informed the meeting that her brother lives in Castlefield Street, Bondi.

6. Cr Cancian declared a significant non pecuniary interest in Item 1204.15.1 –

Castlefield Street, Bondi – Introduction of Residential Parking Scheme and angle parking (A03/0351-03) and informed the meeting that she lives nearby.

7. Cr Betts declared a significant non pecuniary interest in Item 1204.13.2 – Finance,

Ethics & Strategic Planning Committee Meeting Minutes – 3 April 2012 - Clause F-1204.4 - Small Grants Program 2011-2012 – Round 2 (A12/0068-01, A12/0068-02, A12/0068-03 and A12/0068-04) and informed the meeting that she is on the Management Committee of WAYS.

8. Cr Kanak declared a less than significant non pecuniary interest in Item 1204.13.2 –

Finance, Ethics & Strategic Planning Committee Meeting Minutes – 3 April 2012 -Clause F-1204.4 Small Grants Program 2011-2012 – Round 2 (A12/0068-01, A12/0068-02, A12/0068-03 and A12/0068-04) and informed the meeting that he knows some members of The Lighthouse Community.

1204.4 CONFIRMATION OF MINUTES 1204.4.1 Council Inspection Meeting – 10 March 2012 MOTION / UNANIMOUS DECISION (Wakefield / Main) That the Minutes of the Council Inspection Meeting of 10 March 2012 be received and noted and that such Minutes be confirmed as a true record of the proceedings of that meeting.

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Council Meeting – 20 March 2012. Page 57 1204.4.2 Council Meeting – 20 March 2012 MOTION / UNANIMOUS DECISION (Wakefield / Main) That the Minutes of the Council Meeting of 20 March 2012 be received and noted and that such Minutes be confirmed as a true record of the proceedings of that meeting. 1204.5 ADDRESSES TO COUNCIL BY MEMBERS OF THE PUBLIC 1. A. Anderson (on behalf of the Applicant) – Item 1204.11.2 – RECISSION MOTION -

Development Control Committee Meeting – 27 March 2012 – Item D-1203.19 – 180-186 Campbell Parade, Bondi – also known as the Swiss Grand Hotel – Section 96 application to modify conditions of consent and make a number of minor design changes to the approved redevelopment of the Swiss Grand Hotel (DA 619/07/F).

2. Resident of Waverley Council (Objector) – Item 1203.13.4 - Waverley Traffic

Committee Meeting Minutes – 22 March 2012 - Clause WTC-1203.C2 – Rawson Lane, Queens Park and Lawson Lane, Bondi Junction – Parking Opposite Driveways (A02/0637-02).

3. P. Freeman – Item 1204.15.1 – Castlefield Street, Bondi – Introduction of Residential

Preferential Parking Scheme and angle parking (A03/0351-03). 4. D Burke – Item 1204.15.2 – Wellington Street, Bondi – Introduction of Residential

Preferential Parking Scheme from Hall Street to Curlewis Street (A03/2581). 1204.6 MAYORAL MINUTE There was no Mayoral Minute. 1204.7 OBITUARIES (A02/0017) Mollie Love Barton Lionel Bowen Uncle Jimmy Little Bruce 'Lapa' Stewart Murray Rose MOTION / UNANIMOUS DECISION (Wakefield / Goltsman) That a letter of sympathy be forwarded to the families of the deceased named above expressing the condolences of the Mayor, Councillors and staff in the bereavement they have experienced.

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Council Meeting – 20 March 2012. Page 58 Council will rise for a minute’s silence for the souls of people generally who have died in our Local Government Area. 1204.8 QUESTIONS BY COUNCILLORS WITH NOTICE 1204.8.1 Nomination of preferred sites by developers (A03/0117) The following question was submitted by Cr Strewe: It was reported in the Sydney Morning Herald that the State Government has asked developers to nominate preferred sites for development. Do Council staff have any information on this and have any Waverley sites been nominated? The General Manager replied: It is our understanding that the issue was focused on the north western and south western growth areas of Sydney and that we are not aware of any sites that have been nominated in Waverley. 1204.8.2 Queen Elizabeth Drive Car Parking Permits being issued to Waverley residents (A07/1434) The following question was submitted by Cr Cancian: Can the Director, Corporate & Technical Services outline the advantages and disadvantages of issuing Queen Elizabeth Drive car parking permits to residents of Waverley rather than to a motor vehicle? The Director, Corporate & Technical Services replied: The advantage of attaching beach parking permits to cars is that it complies with the Roads and Maritime Services Agency (RMS), (the new RTA) permit parking regulation, which requires permits to be issued to an identified vehicle that must be registered to an address in Waverley, not to a person. A permit per vehicle provides the only means of ensuring compliance regardless of whether the permit holder is in or out of the car. You have to get the registration tied up with the permit otherwise you don’t know whether the permit is being legally used or not. Attaching permits to cars makes entry and exit from gated carparks as smooth and quick as possible with the least amount of staff input to the process. In a gated carpark, like Queen Elizabeth Drive, it would be impossible to check every single permit holder and verify their identity and entitlement without installing a couple more exit gates and a couple more staff to do so. Councillors are reminded that the exit from the Bondi Beach carpark for beach parking permit holders is actually through an automatic lane where no one would be

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Council Meeting – 20 March 2012. Page 59 standing there checking the face of the person. There is generally no one manning that lane and it would slow everything down incredibly if we were to exit by those means with somebody checking permits like that all the time. As it is, when a permit fails at the automatic exit that is when someone gets out of the booth and determines whether the permit is legitimate or not. Attaching permits to cars also reduces unauthorised use, like being able to freely pass a card back around to the next car, so better to attach it to the vehicle than the person. Also, in particular at this point in time, Council has already resolved to call expressions of interest for the installation of licence plate recognition systems for entry and exit at Bondi Beach carpark. At Bronte Beach carpark we are considering options for improving access for beach parking permit holders in a consultation program with the community, which is about to start. Although decisions on neither of those systems have been finally made yet, arrangements at both carparks will necessitate permits being attached to cars rather than to individuals. Issuing permits to cars will also control the number of vehicles that will use the carpark, encourages car pooling and improves people’s chances of getting a spot, compared to attaching it to individuals. The disadvantage of attaching parking permits to cars is that if a resident wishes to drive more than one car to the beach they need to take more than one permit. A gentleman who has been asking us about this is suggesting that it would be revenue neutral. That would mean that we would have to cut the price of the permits so we can issue two permits to an individual, assuming which we would have issued at half price, but in fact it would be double the price. It is better all round to attach it to the car. 1204.8.3 Consumer, Trader and Tenancy Tribunal (A11/0237) The following question was submitted by Cr Kanak: What formal evidentiary support / opinions can Council give to the Consumer, Trader and Tenancy Tribunal (CTTT) in matters where constituents / residents seek information / confirmation that the sun room of their first floor unit cannot be renovated by the landlord without Development Application approval for the purposes of providing a ground floor commercial operation with storage space, such as is currently at issue in the CTTT in a matter between Rosenstrauss Real Estate and Partners versus the Birges family at 81-83 Curlewis Street, Bondi? The General Manager replied:

In terms of an action in the Consumer, Trader and Tenancy Tribunal, unless the Council is subpoenaed or formally requested to provide information, Council will not be involved as it is a civil action. In relation to the issue regarding the DA, if there is a significant refurbishment of the internal part of the home unit, especially for commercial operation with storage, then normal process would be by way of a development application.

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Council Meeting – 20 March 2012. Page 60 1204.9 QUESTIONS BY COUNCILLORS TO THE MAYOR WITHOUT NOTICE Note from the General Manager: In accordance with Council’s adopted procedures, each Councillor may ask the Mayor one question without notice. Councillors were requested to submit their question in writing to the Mayor at the time the question is asked. There were no questions by Councillors to the Mayor without notice. 1204.10 PUBLICATIONS RECEIVED MOTION / DECISION ( Strewe / Kanak) That Council receive and note the following publications received from public bodies: 1. Club Life – March 2012. 1204.11 NOTICE OF MOTIONS SUBMITTED BY COUNCILLORS Note from the General Manager: Council should note that for the purposes of budgetary control and planning, any Notices of Motion received and endorsed by Council, will be assessed for budgetary implications. If they cannot be achieved within existing allocations they will be referred to the Finance, Ethics & Strategic Planning Committee for its consideration of budget implications, in conjunction with the budget estimates or at a quarterly review of the budget. The report to Council about progress in achieving Council’s Motions will also highlight whether budget issues are involved. 1204.11.1 RESCISSION MOTION – Coal Seam Gas (CSG) Exploration (A02/0056) The following Notice of Rescission was submitted by Crs Betts, Goltsman and Kay and subsequently withdrawn at the meeting. MOTION (WITHDRAWN) “We, the undersigned, give notice of our intention to rescind the decision made by Council at its meeting on 20 March 2012 regarding Item 1203.11.4 – Coal Seam Gas (CSG) Exploration. Crs Betts, Goltsman and Kay”.

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Council Meeting – 20 March 2012. Page 61 A copy of the Minute Extract from the Council Meeting held on 20 March 2012 was attached to the agenda. 1204.11.2 RESCISSION MOTION – Development Control Committee Meeting – 27 March 2012 – Item D-1203.19 – 180-186 Campbell Parade, Bondi – also known as the Swiss Grand Hotel – Section 96 application to modify conditions of consent and make a number of minor design changes to the approved redevelopment of the Swiss Grand Hotel (DA 619/07/F) This matter was last considered at the Development Control Committee meeting held on 27 March 2012. Subsequently, the following Notice of Rescission was submitted by Crs Betts, Clayton and Goltsman: “We, the undersigned, give notice of our intention to rescind the decision made by Council at its Development Control Committee meeting on 27 March 2012 regarding Item D-1203.19 – 180-186 Campbell Parade, Bondi – also known as the Swiss Grand Hotel – Section 96 application to modify conditions of consent and make a number of minor design changes to the approved redevelopment of the Swiss Grand Hotel (DA 619/07/F). Crs Betts, Clayton and Goltsman”. A copy of the Minute Extract and the report from the Development Control Committee Meeting held on 27 March 2012 was attached to the agenda. MOTION / DECISION (Betts / Goltsman) That the Rescission Motion be adopted. Division For the Motion: Crs Betts, Clayton, Goltsman, Guttman-Jones, Kanak, Kay, Sloan,

Strewe and Wakefield. Against the Motion: Crs Cancian and Main. UPON ADOPTION OF THE RESCISSION MOTION, THE FOLLOWING MOTION WAS MOVED, SECONDED AND DECLARED CARRIED. MOTION / DECISION (Betts / Clayton) That the application be approved in accordance with the conditions contained in the DBU report dated 15 March 2012 subject to the proposed modifications and design changes listed in the report at Part 1.3 (page 48 of the agenda) being amended and granted as follows: 1. Minor modification and increase in height of the curved roof forms; the curved roof

forms, for which the Applicant is seeking to increase the height is approved. This height increase is approved on condition that the curved roof forms are setback from the Campbell Parade edge by the additional 1.3 metres as per application.

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Council Meeting – 20 March 2012. Page 62 2. Reconfiguration of access and storage areas to Basement Levels is approved. 3. Introduction of tandem car parking space at Basement Level 01, however total number

of car spaces will remain unaltered at 292 is approved. 4. Addition of new roller shutter in Basement Level 01 is approved. 5. Reconfiguration and relocation of garbage areas, lobby areas, retail tenancies and

access stairs at Ground floor and Level 01 including the provision for cool rooms, bakery, food preparation room, freezer and plant room within the large retail tenancy located within the rear north western corner of the ground floor level is approved.

6. Introduction of a by-pass walkway with transparent screening (that can be shut down

from the atrium) at Level 01, which must be open at least between 7.00am to 10.00pm, to provide secure connectivity for retail tenancies and restaurants and also to provide acoustic amenity when patrons arrive and leave after standard operation hours is approved.

7. Addition of screening to Beach Road façade of hotel apartments is approved. 8. Minor modifications and reconfiguration to apartment layouts, balconies, terraces,

access and garbage storage at Levels 2 to 5 is approved. 9. Removal of balconies to hotel apartments facing the internal void space at levels 2 to 4

is approved. 10. Addition of sunscreens to some balconies along the Campbell Parade frontage at

Level 4 in their current proposed form is not approved. The sunscreens may be approved with additional design consideration, to the satisfaction of the Director, Planning and Environmental Services and Council’s Heritage Architect and Urban Planning Adviser.

11. Level 5 Mezzanine modifications to reinstate planting as required by a condition of the

consent, reconfiguration of apartment layouts; minor raising of floor levels to allow for flush level access between living areas and terraces; modifications and reconfiguration of plant areas and access; relocation of some windows; and modification to vault form is approved.

12. Modification to Condition 1 to reflect the above changes is approved. 13. Deletion of Conditions 2B (c) (d) and (e) as these issued have been resolved in the

amended drawings is approved. 14. No mechanical or passive vents or ducts, horizontal or otherwise, to Campbell Parade,

Beach Road, Curlewis or Gould Streets. All vents and shafts are to be internalised and not to be visible on the exterior of the building.

15. The material used for the blade and sunscreens be reconsidered by the Applicant in

consultation with the Director, Planning and Environmental Services and Council’s Heritage Architect and Urban Planning Adviser.

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Council Meeting – 20 March 2012. Page 63

16. Appropriate material treatments to reduce external noise generation are to be used within the loading dock to the satisfaction of the Director, Planning and Environmental Services.

Division For the Motion: Crs Betts, Clayton, Goltsman, Guttman-Jones, Kay, Sloan and

Strewe. Against the Motion: Crs Cancian, Kanak, Main and Wakefield. A. Anderson (supporting the Rescission Motion) addressed the meeting. 1204.11.3 Community Capacity Building Program for Environmental Sustainability (A10/0739) The following Notice of Motion was submitted by Cr Cancian: MOTION / DECISION (Cancian / Strewe) That: 1. Prior to completion of the already approved review of the Environmental Sustainability

Advisory Committee (ESAC), Council Officers hold a community forum bringing all environmentally related community groups together to investigate how we can better support them and how they might be able to help us achieve our targets for environmental sustainability under our current and future Environmental Action Plans (EAPs) and Community Strategic Plans. The project should:

(a). Map all community groups in the Waverley area (environment groups & enablers

within the community)

(b). Conduct a community forum to:

i) do a needs analysis of the groups; ii) find out how can Council better support them; iii) make them aware of our Waverley Together 2 targets; and iv) find out how they might be able to assist Council in reaching those targets.

(c). Develop a community group program that offers support to groups and develop

action plans on how they can assist Council in meeting Waverley Together 2 environmental targets.

2. Once the community group program has been developed, Council consider:

(a). How the programmed ongoing engagement with these groups can be integrated in with the broader community engagement program that must be adopted in October 2012 for development of a revised EAP and Community Strategic Plan, Waverley Together 3;

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Council Meeting – 20 March 2012. Page 64

(b). Whether there is an ongoing productive role for ESAC (or similar committee) and, if so, what that role might be.

BACKGROUND Council Officers introduced a Sustainability Committee to its Standing Committee structure in 2006 and this later became the Environmental Sustainability Advisory Committee (ESAC). The Committee has operated during this time with varying levels of success. At the outset, ESAC was developed to assist Council to establish our strategic sustainability targets and assist in the development of our ten year environment program. Now that EAP has been developed and is a core component of the Integrated Planning Program, opportunity exists to provide a better framework to partner with existing community groups working in the sustainability field and make progress toward our community EAP 2 targets. Survey feedback from former ESAC Committee members in 2011 suggested that Council should work more effectively with existing community groups and enablers (both embryonic and well established) to assist in delivering EAP 2 community targets for greenhouse emission reduction, water efficiency and quality improvements, waste reduction and biodiversity conservation. 1204.11.4 State funeral for Aboriginal entertainer, Mr Jimmy Little (A02/0017) The following Notice of Motion was submitted by Cr Kanak: MOTION / UNANIMOUS DECISION (Kanak / Main) That the State funeral for recently deceased Aboriginal Entertainer Mr ‘Uncle’ Jimmy Little organised by the community and endorsed by the NSW Premier, the Hon. Barry O'Farrell, to be held at the Sydney Opera House be attended by the Mayor and / or representative/s of Council. 1204.11.5 Citizenship Ceremonies (A02/0012-03) The following Notice of Motion was submitted by Cr Kanak: MOTION / DECISION (Kanak / Cancian) That Council, in discussion with Government Departments and Agencies involved in Citizenship Ceremonies, arrange for information on the Awareness Campaigns for the forthcoming Commonwealth Constitutional Referendums on the Constitutional Recognition of Aboriginal Torres Strait Islander peoples and also Local Government to be provided to new Citizens and the general public attending these Citizenship Ceremonies.

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Council Meeting – 20 March 2012. Page 65 1204.12 ADDITIONAL MATTERS FOR CONSIDERATION 1204.12.1 Draft Operational Plan 2012 - 2013 for Public Exhibition (A12/0193) Report dated 4 April 2012 from the Director, Corporate and Technical Services about Council’s draft Operational Plan and draft Pricing Policy, Fees & Charges, which need to be placed on exhibition prior to adoption and implementation. The draft Operational Plan and draft Pricing Policy, Fees and Charges have been issued separately with the agenda and can be viewed and downloaded from Council’s website at: www.waverley.nsw.gov.au/your_council/council_meetings MOTION / UNANIMOUS DECISION (Main / Strewe) That: 1. Council adopt the Draft Operational Plan 2012 – 2013 and the Draft 2012 – 2013

Pricing Policy, Fees and Charges for placement on public exhibition, subject to the following amendments:

• Parking – Denison Street Library Carpark

1.5 – 2 hours – decrease from $17.00 to $8.00 per stay 2 – 3 hours - decrease from $22.00 to $12.00 per stay 3 – 4 hours – decrease from $27.00 to $16.00 per stay 4 + hours – decrease from $32.00 to $20.00 per stay

• Abandoned Cars, Trolleys & Other Items – Impounding Fee – Shopping Trolley –

increase from $65.00 to $90.00 per trolley. • Abandoned Cars, Trolleys & Other Items – Impounding Fee – Crates – Bread,

Milk, Chicken, similar – increase from $2.50 to $5.00 per crate. • Animals – Companion Animals Act – Special fee – (eg eligible pensioner) – for

desexing animal – decrease from $15.00 to $10.00 per registration. • Applications – Temporary Street Closure Application (non-refundable) –

Construction activities – increase from $500.00 to $750.00. • Fitness Training Use of Public Open Spaces – Bondi Park, Bronte Park, Hunter

Park, Marks Park, Tamarama Park, Waverley Park – Organised or commercial fitness groups and personal trainers – 7-12 participants (fixed location, equipment) – increase from $1,320.00 to $1.500.00 per year.

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Council Meeting – 20 March 2012. Page 66 • Fitness Training Use of Public Open Spaces – Bondi Park, Bronte Park, Hunter

Park, Marks Park, Tamarama Park, Waverley Park – Organised or commercial fitness groups and personal trainers – 13-18 participants (fixed location, equipment) – increase from $2,040.00 to $2,500.00 per year.

• Fitness Training Use of Public Open Spaces – Barracluff Park, Diamond Bay

Reserve, Dudley Page Reserve, Hugh Bamford Reserve, Rodney Reserve, Upper Dickson reserve, Varna Park – Organised or commercial fitness groups and personal trainers – 7-12 participants (fixed location, equipment) – increase from $660.00 to $800.00.

• Fitness Training Use of Public Open Spaces – Barracluff Park, Diamond Bay

Reserve, Dudley Page Reserve, Hugh Bamford Reserve, Rodney Reserve, Upper Dickson reserve, Varna Park – Organised or commercial fitness groups and personal trainers – 13-18 participants (fixed location, equipment) – increase from $1,020.00 to $1,500.00.

• Trees – Application to lop / remove private trees (TPOs) – Pensioner /

concession – increase 50% discount to 75% discount against respective fee per application.

• Use and Hire of Public Open Spaces – City to Surf – Non refundable booking fee

(conditions apply) – increase from $515.00 to $550.00.

• Use and Hire of Public Open Spaces – City to Surf – marquee hire (Corporate / commercial) – increase from $6,210.00 to $6,500 per marquee.

• Use of Roads, Footpaths and Pedestrian Malls – Charing Cross, Campbell

Parade, Oxford Street Mall, Roscoe Street Mall, Waverley Street Mall – Registered charities / not for profit organisations (documentation required ) – amend to read ‘on merit to a maximum of $155.00’.

• Use of Roads, Footpaths and Pedestrian Malls – Roadway Use Permits –

Placement of builder’s waste bin – increase from $583.00 to $600.00 per year.

• Use of Roads, Footpaths and Pedestrian Malls – Road Use Permits – Tower Crane – increase from $1,000,00 to $1,500.00 per week.

• Use of Roads, Footpaths and Pedestrian Malls – Road Use Permits – Line Pump

– increase from $150.00 to $250.00 per day. 2. Council Officers prepare a report to Council on the potential of introducing a flat fee for

coaches using the Campbell Parade Bus Zone. 3. The documents be placed on public exhibition for a period of not less than 28 days

with submissions closing on Friday, 18 May 2012.

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Council Meeting – 20 March 2012. Page 67 1204.12.2 Draft Estimates of Income and Expenditure for the Financial Year 2012/13, Proposed Estimates for 2013/14, Capital Works Program Estimates and Long Term Financial Plan (A03/2236) Report dated 7 April 2012 from the Director Corporate & Technical Services proposing adoption of the draft budget estimates for 2012/13 for the purposes of public display. MOTION / UNANIMOUS DECISION (Kay / Betts) That Council: 1. Receive and note the report. 2. Adopt, for purposes of public display and community consultation, the draft estimates

of income and expenditure for the financial year 2012/13 for inclusion in the draft Operational Plan.

3. Adopt the draft revised Long Term Financial Plan (LTFP 3.1.1) for a 10 year period

from 2012/13 – 2021/22 including Income Statement, Balance Sheet, Cash Flow, Reserve Balances, Assumptions, Capital Works Program and Scenario Analysis.

4. Include the proposed 2012/13 Revenue Policy in the draft Operational Plan for

community consultation. 5. During the community consultation period, Council officers perform a further

assessment of electricity costs in the 2012/13 budget, excluding street lighting, from impacts such as the Federal Government’s Carbon Tax and increased fees for infrastructure renewal. This assessment should also identify dollar amount and percentage increases for other local Councils, including Randwick, Woollahra and the general market place, to ensure appropriate increases are applied at Waverley. Officers are to report back to Council on this assessment before Council endorses the 2012/13 budget.

6. That the Draft Operational Plan 2012 – 13 be amended as follows:

• Statement with respect to rate levy – Section 404(2) – Clause 2.1 deletion of the last sentence of the third paragraph, which reads, ‘Therefore, over the three financial year cycle the special rate variation advance is revenue neutral to both the ratepayers and Council’.

1204.12.3 ‘Breakfast on Bondi’ event (A11/0781) Report dated 28 March 2012 from the Acting Director, Recreation, Customer and Community Services about the Crave Sydney “Breakfast on Bondi Beach” event to be held on Sunday 14 October. MOTION / UNANIMOUS DECISION (Clayton /Betts)

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Council Meeting – 20 March 2012. Page 68 That: 1. Council approves the Crave Sydney International Food Festival “Breakfast on Bondi

Beach” event to be held on Sunday 14 October subject to meeting conditions and requirements of Council’s draft Events Policy.

2. A Traffic Management Plan is produced for the event. 3. The organisers provide an Event Management Plan that incorporates security and

noise control measures. 1204.12.4 Naming of Park or Council facility after the late Margaret Whitlam (A02/0276) Cr Sloan was not present in the Chamber during the discussion and vote of this matter. Report dated 10 April 2012 from the Acting Director, Recreation Customer and Community Services about naming the Waverley Park Pavilion in honour of Margaret Whitlam. MOTION (Wakefield / Strewe) That Council: 1. Receive and note the information in the report. 2. Endorse the proposal to name the Waverley Park Pavilion the “Margaret Whitlam

Recreation Centre”. AMENDMENT 1 (Betts / Kay) That the Waverley Park Community Room in the Waverley Pavilion be named the Margaret Whitlam Community Room. AMENDMENT 1 WAS PUT AND DECLARED LOST. AMENDMENT 2 (Kay / Betts) That the Indoor Sports Court in the Waverley Pavilion be named the “Margaret Whitlam Indoor Sports Court”. AMENDMENT 2 WAS PUT AND DECLARED LOST ON THE CASTING VOTE OF THE CHAIR. AMENDMENT 3 (Kay /Goltsman) That the Motion be adopted subject Part 2 being deleted and replaced with the following:

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Council Meeting – 20 March 2012. Page 69 That Council organise a community and schools’ naming competition or other community consultation so that the community is involved in the naming of the Waverley Park Indoor Sports Centre and Community Hall. THE CHAIR RULED THAT AMENDMENT 3 WAS OUT OF ORDER AS IT IS SUBSTANTIALLY DIFFERENT TO THE MOTION. MOTION OF DISSENT (Kay) Cr Kay moved a Motion of Dissent on the Chair’s ruling that Amendment 3 was substantially different to the Motion. In the absence of the Deputy Mayor, the Mayor retained the Chair to deal with the Motion of Dissent. THE MOTION OF DISSENT WAS PUT AND DECLARED LOST ON THE CASTING VOTE OF THE CHAIR. THE MOTION WAS THEN PUT AND DECLARED CARRIED ON THE CASTING VOTE OF THE CHAIR. DECISION: That the Motion be adopted. Division: For the Motion: Crs Cancian, Kanak, Main, Strewe and Wakefield. Against the Motion: Crs Betts, Clayton, Kay, Goltsman and Guttman-Jones. 1204.12.5 Celebrating the arrival of public transport at Bronte Beach (A12/0133) Report dated 10 April 2012 from the Acting Director, Recreation Customer and Community Services about a proposal from the Waverley Historical Society to celebrate the arrival of the trams at Bronte Beach. MOTION / UNANIMOUS DECISION (Wakefield / Main) That Council: 1. Receive and note the information in the report. 2. Endorse the proposal to provide a plaque to celebrate the arrival of public transport at

Bronte Beach and support for a small event to unveil the plaque through the Civic Pride Program.

3. Invite all Councillors to attend the unveiling of the plaque.

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Council Meeting – 20 March 2012. Page 70 1204.12.6 Request for the Calling of Tenders for Community Housing Manager for Waverley Council’s Affordable and Social Housing Programs (A09/0354) Report dated 10 April 2012 from the Acting Director Recreation Customer and Community Services seeking approval to proceed to tender for the appointment of a Community Housing Manager for Waverley Council’s Affordable and Social Housing Programs. MOTION / UNANIMOUS DECISION (Main / Sloan) That Council approves the calling of tenders for the appointment of a Community Housing Manager to provide tenancy management and property maintenance services for Waverley Council’s Affordable and Social Housing Programs. 1204.12.7 Waverley Oval Scoreboard (A08/0562) Report dated 10 April 2012 from the Acting Director, Recreation, Customer and Community Services about a new Waverley Oval scoreboard. MOTION / UNANIMOUS DECISION (Sloan / Betts) That Council agree, in principle, to the installation of a new scoreboard in the north-east corner of Waverley Oval subject to final approval of the design and location to be provided in a later report to Council. 1204.13 ADOPTION OF COMMITTEE MINUTES 1204.13.1 Development Control Committee Meeting – 27 March 2012 Cr Kay declared a pecuniary interest in Clause D-1203.18 – 105 Ramsgate Avenue, North Bondi – Demolition of existing residential flat building and erection of a dual occupancy (DA-526/2011) and informed the meeting his parents-in-law own units in a neighbouring block. Cr Clayton declared a significant non pecuniary interest in Clause D-1203.18 – 105 Ramsgate Avenue, North Bondi – Demolition of existing residential flat building and erection of a dual occupancy (DA-526/2011). Crs Clayton and Kay were not present at, or in sight of, the meeting during the discussion and vote on this matter. MOTION / UNANIMOUS DECISION (Main / Strewe)

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Council Meeting – 20 March 2012. Page 71 That the Minutes of the Development Control Committee Meeting of 27 March 2012 be received and noted and that such Minutes be confirmed as a true record of the proceedings of that Meeting. 1204.13.2 Finance, Ethics & Strategic Planning Committee Meeting – 3 April 2012 Cr Betts declared a significant non pecuniary interest in Clause F1204.4 - Small Grants Program 2011-2012 – Round 2 (A12/0068-01, A12/0068-02, A12/0068-03 and A12/0068-04) and informed the meeting that she is on the Management Committee of WAYS. Cr Kanak declared a less than significant non pecuniary interest in Clause F1204.4 - Small Grants Program 2011-2012 – Round 2 (A12/0068-01, A12/0068-02, A12/0068-03 and A12/0068-04) and informed the meeting that he knows some members of The Lighthouse Community. Cr Betts was not present at, or in sight of, the meeting during the discussion and vote on this matter. MOTION / UNANIMOUS DECISION (Strewe / Sloan) That the Minutes of the Finance, Ethics & Strategic Planning Committee Meeting of 3 April 2012 be received and that such Minutes be confirmed as a true record of the proceedings of that Meeting and that the decisions contained in Clauses F-1204.1 to F-1204.3 be received and noted, and the recommendations contained in Clauses F-1204.4 to F-1204.6 be adopted. Save and except the following: 1. Finance, Ethics & Strategic Planning Committee Meeting Minutes – 3 April 2012 –

Clause F-1204.4 – Small Grants Program 2011 – 2012 (A12/0068-01, A12/0068-02, A12/0068-03 and A12/0068-04).

1204.13.2.1 Finance, Ethics & Strategic Planning Committee Meeting Minutes – 3 April 2012 – Clause F-1204.4 – Small Grants Program 2011 – 2012 (A12/0068-01, A12/0068-02, A12/0068-03 and A12/0068-04) Cr Betts declared a significant non pecuniary interest in this item and informed the meeting that she is on the Management Committee of WAYS.. Cr Kanak declared a less than significant non pecuniary interest in this item and informed the meeting that he knows some members of The Lighthouse Community. Cr Betts was not present at, or in sight of, the meeting during the discussion and vote on this matter.

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Council Meeting – 20 March 2012. Page 72 This matter was saved and excepted by Cr Kanak. MOTION / UNANIMOUS DECISION (Kanak / Sloan) THAT: 1. Council provide financial assistance under the Small Grants Program (Round 2) 2011-

2012 to the groups and activities proposed in this report. 2. The Lighthouse Community be advised to increase its annual grant application by

$1,000 and apply for an annual grant of $10,000, in lieu of its repeated applications for the Small Grants Program.

1204.13.3 Community, Housing, Environmental Services & Public Works Committee Meeting – 3 April 2012 MOTION / UNANIMOUS DECISION (Cancian / Strewe) That the Minutes of the Community, Housing, Environmental Services & Public Works Committee Meeting of 3 April 2012 be received and that such Minutes be confirmed as a true record of the proceedings of that Meeting and that the decisions contained in Clauses C-1204.2 and C-1204.3 be received and noted, and the recommendations contained in Clauses C-1204.1, C-1204.4 and C-1204.5 be adopted. 1204.13.4 Waverley Traffic Committee Meeting – 22 March 2012 Cr Kay declared a pecuniary interest in Clause WTC-1203.L1 – Ramsgate Avenue, North Bondi – Installation of construction zone (A03/2514-03) and informed the meeting that his parents-in-law have property in an adjoining building. Cr Kay was not present at, or in sight of, the meeting during the discussion and vote on this item. Cr Clayton declared a significant non pecuniary interest in Clause WTC-1203.L1 – Ramsgate Avenue, North Bondi – Installation of construction zone (A03/2514-03) and was not present at, or in sight, of the meeting during the discussion and vote on this item. MOTION / DECISION (Wakefield / Main) That Part 1 of the Minutes of the Waverley Traffic Committee Meeting of 22 March 2012 be received and noted, and that the recommendations contained in Clauses WTC-1203.C1 to WTC-1203.C4, WTC-1203.V1 and WTC-1203.V2, and WTC-1203.L1 be adopted. Save and except the following: 1. Waverley Traffic Committee Meeting Minutes – 22 March 2012 – Clause WTC-

1203.C2 - Rawson Lane, Queens Park and Lawson Lane, Bondi Junction – Parking Opposite Driveways (A02/0637-02).

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Council Meeting – 20 March 2012. Page 73 2. Waverley Traffic Committee Meeting Minutes – 22 March 2012 – Clause WTC-

1203.L1 – Ramsgate Avenue, North Bondi – Installation of Construction Zone (A03/2514-03).

And that these matters be dealt with separately. 1203.13.4.1 Waverley Traffic Committee Meeting Minutes – 22 March 2012 – Clause WTC-1203.C2 - Rawson Lane, Queens Park and Lawson Lane, Bondi Junction – Parking Opposite Driveways (A02/0637-02) This matter was saved and excepted by Cr Wakefield. MOTION / UNANIMOUS DECISION (Wakefield / Sloan) That the recommendation of the Waverley Traffic Committee meeting not be adopted and that: 1. The matter be referred back to the Waverley Traffic Committee to allow further

consultation with the residents. 2. Adjacent residents be formally notified of the proposed changes. 1203.13.4.2 Waverley Traffic Committee Meeting Minutes – 22 March 2012 – Clause WTC-1203.L1 – Ramsgate Avenue, North Bondi – Installation of Construction Zone (A03/2514-03) Cr Kay declared a pecuniary interest in this item and informed the meeting that his parents-in-law have property in an adjoining building. Cr Kay was not present, or in sight of, the meeting during the discussion and vote on this item. Cr Clayton declared a significant non pecuniary interest in this item and was not present, or in sight of, the meeting during the discussion and vote on this item. This matter was saved and excepted by Cr Kanak. MOTION / UNANIMOUS DECISION (Kanak/Main) That the recommendation of the Waverley Traffic Committee Meeting be amended as follows: 1. A 17.5m long ‘No Parking 9am-4pm Mon-Fri Council Authorised Vehicles Excepted’

zone be installed in Ramsgate Avenue North Bondi outside 101 Ramsgate Avenue for a period of 6 months.

2. A 3 metre wide clearance in the split road area of Ramsgate Avenue be maintained at

all times.

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Council Meeting – 20 March 2012. Page 74 The late report considered by the Committee at Item WTC-1203.L1 was attached to the end of the Minutes for Council’s consideration. 1204.14 GENERAL MANAGER’S REPORT There were no reports from the General Manager. 1204.15 PETITIONS 1204.15.1 Castlefield Street, Bondi – Introduction of Residential Preferential Parking Scheme and angle parking (A03/0351-03) Cr Strewe declared a significant non pecuniary interest in this item and informed the meeting that her brother lives in Castlefield Street, Bondi. Cr Strewe was not present at, or in sight of, the meeting during the discussion and vote on this item. Cr Cancian declared a significant non pecuniary interest in this item during the moving of the motion which proposed to include Edward Street in the survey for the introduction of a Residential Preferential Parking Scheme and informed the meeting that she lives in Edward Street. Cr Cancian was not present at, or in sight of, the meeting following the moving of the subject motion and the vote on this item. MOTION / UNANIMOUS DECISION (Wakefield / Main) That: 1. The petition be received and noted and forwarded to the Director, Corporate &

Technical Services. 2. A survey for a Residential Preferential Parking Scheme be conducted, as soon as

possible, incorporating the adjacent streets of Castlefield Street, Edward Street, Imperial Avenue, Miller Street and Denham Street.

3. A survey for angle parking be conducted, as soon as possible, in Castlefield and Miller

Streets. Mr P Freeman a supporter of the petition addressed the meeting. 1204.15.2 Wellington Street, Bondi – Introduction of Residential Preferential Parking Scheme from Hall Street to Curlewis Street (A03/2581) MOTION / UNANIMOUS DECISION (Wakefield / Main)

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Council Meeting – 20 March 2012. Page 75 That the petition be received and noted and forwarded to the Director, Corporate & Technical Services. Mr D Burke a supporter of the petition addressed the meeting. 1204.16 QUESTIONS BY COUNCILLORS FOR NEXT COUNCIL MEETING There were no questions by Councillors for the next Council meeting. 1204.17 URGENT BUSINESS There were no Urgent Business Items 1204.18 MATTERS TO BE DEALT WITH IN CLOSED SESSION Note from the General Manager: It is my opinion that the business listed under this section is of a kind referred to in section 10A(2) of the Local Government Act 1993 and, under the provisions of the Act and the Local Government (General) Regulation 2005, should be dealt with in a part of the meeting that is closed to members of the public and the media. In accordance with section 10A(2) of the Act, Council may close part of its meeting to deal with business of the following kind: (a) personnel matters concerning particular individuals. (b) personal hardship of any resident or ratepayer. (c) information that would, if disclosed, confer a commercial advantage on a person

with whom Council is conducting (or proposes to conduct) business. (d) commercial information of a confidential nature that would, if disclosed:

i prejudice the commercial position of a person who supplied it; or ii confer a commercial advantage on a competitor of Council; iii reveal a trade secret.

(e) information that would, if disclosed, prejudice the maintenance of law. (f) matters affecting the security of Council, Councillors, Council staff and Council

property. (g) advice concerning litigation, or advice that would otherwise be privileged from

production in legal proceedings on the grounds of legal professional privilege.

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Council Meeting – 20 March 2012. Page 76 (h) information concerning the nature and location of a place or an item of

Aboriginal significance on community land. Pursuant to section 10A(4) of the Act and clause 252 of the Regulation, members of the public may make representations to the meeting immediately after the motion to close part of the meeting is moved and seconded, as to whether that part of the meeting should be closed. Before the motion to close the meeting was put, the Chair provided an opportunity for members of the public to make representations as to whether this part of the meeting should be closed and none were received. MOTION / DECISION (Strewe / Main) That: 1. Council move into closed session to deal with these matters which are classified as

confidential under the provisions of Section 10A (2)(a) of the Local Government Act 1993 for the following reasons:

(a). The reports at Items 1109.18.3 and 1109.18.4 on the agenda refer to personnel

matters concerning particular individuals.

(b). It is not in the public interest to reveal details about particular individuals employed by Council.

2. Pursuant to section 10A(1), 10A(2) and 10A(3) of the Local Government Act 1993, the

media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Local Government Act 1993.

3. The correspondence and reports relevant to the subject business be withheld from the

media and public as provided by section 11(2) of the Local Government Act 1993. At 9.55pm Council moved into closed session and resumed in open session at 10.24pm. 1204.18.1 CONFIDENTIAL REPORT - Expression of Interest by Industrial Agencies to Sell the Portman Street Depot Site (A03/2077-02) Confidential report dated 23 March 2012 from the General Manager regarding proposals received from industrial agencies to sell the Portman Street Depot. MOTION / UNANIMOUS DECISION (Strewe / Main) That:

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Council Meeting – 20 March 2012. Page 77 1. The report be treated as confidential in accordance with section 11(3) of the Local

Government Act 1993, as it relates to a matter specified in section 10A(2) of the Local Government Act 1993.

2. Council commission Jones Lang LaSalle to provide industrial agency services in

regard to the proposed sale of the Portman Street depot site. 3. The timing of the commissioning of the agent to be at the discretion of the General

Manager and the Mayor with a view to maximising the return to Council. 1204.18.2 CONFIDENTIAL REPORT – The Provision of Events and Activities during Christmas & New Year Period (A11/0595) Confidential report dated 10 April 2012 from the General Manager regarding the outcome of negotiations between Council’s Working Group and Mixed Media Australia Pty Ltd regarding the delivery of events and activities during Christmas and New Year period. MOTION / UNANIMOUS DECISION (Wakefield / Kanak) That: 1. The report be treated as confidential in accordance with section 11(3) of the Local

Government Act 1993, as it relates to a matter specified in section 10A(2) of the Local Government Act 1993.

2. Council receive and note the report from the General Manager on negotiations held

with Mi5 in regard to the provision of the Christmas and New Year Eve events for 2012/13.

3. Council approve the proposed parameters for the New Year’s Eve event to be held at

Bondi Beach. 4. The scope of the Dudley Page event not be reduced. 5. Council authorise the General Manager, in conjunction with the Mayor, to finalise

negotiations and execute contract documentation including placement of the Council seal on all necessary documents.

1204.19 SUBMISSION OF RESCISSION MOTIONS Note from the General Manager: Rescission motions must be submitted to the General Manager, or in the absence of the General Manager a member of Council’s Governance Unit, and announced before the close of the meeting. The date and time of receipt will be noted on all rescission motions.

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Council Meeting – 20 March 2012. Page 78 Rescission motions received before 10am on the next working day following the meeting will stay action to implement Council’s decision until the rescission motion has been determined. This is in line with section 372 of the Local Government Act and Council’s Code of Meeting Practice. Rescission motions received after 10am on the next working day following the meeting may not stay action on implementing Council’s decision. Rescission motions will generally be dealt with at the next Council meeting. The Chair called for the submission of any rescission motions and none were received. THE MEETING CLOSED AT 10.27PM SIGNED AND CONFIRMED MAYOR 15 MAY 2012

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This is a Minute Extract from the Waverley Council Inspection Meeting held on Saturday, 14 April 2012

PLEASE IMPLEMENT COUNCIL’S DECISION TO NOTE / ACTION:

I-1204.2.5 227-229 Old South Head Road, Bondi – Demolition of the existing building and construction of residential flat building containing 24 apartments with basement car parking (DA 294/2011) A Rescission Motion on this item, duly signed by Crs Betts, Clayton and Kay was submitted after the close of the meeting. The Rescission Motion will now be referred to the next meeting of Council scheduled for Tuesday, 15 May 2012 for consideration. Report dated 24 February 2012 from the Development and Building Unit. MOTION / DECISION (Cancian / Main) That the application be refused in accordance with the reasons contained in the DBU report subject to the following additional reasons for refusal: 1. The proposal would have adverse traffic congestion implications. 2. The proposal would have adverse impacts on the amenity of the neighbouring park

including overshadowing. THE MOTION WAS PUT AND DECLARED CARRIED ON THE CASTING VOTE OF THE CHAIR. Division For the Motion: Crs Cancian, Kanak, Main, Strewe and Wakefield. Against the Motion: Crs Betts, Clayton, Goltsman, Kay and Sloan.

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227-229 Old South Head Road, Bondi – Demolition of the existing building and construction of residential flat building containing 24 apartments with basement car parking (DA 294/2011) Report dated 15 March 2012 from the Development and Building Unit. DBU Recommendation: That the application be refused in accordance with the reasons contained in this report. IHAP Recommendation: That the application be approved in accordance with the conditions contained in the IHAP report. Referred to IHAP and DCC given that 15 submissions, including 12 objections were received

Development Assessment Report Development Application No. DA-294/2011 Address 227-229 Old South Head Road, Bondi Lodgement Date 23 June 2011 Proposal

Demolition of existing two dwellings and construction of residential flat building containing 24 apartments with basement car parking.

Zoning and relevant controls 2(c1) Residential pursuant to Waverley Local Environmental Plan (WLEP) 2006 Waverley Development Control Plan 2010.

Owner and Applicant New East End Property Pty Ltd Submissions 15 submissions, including 12 objections Issues Height, FSR, view loss Recommendation Refusal

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1. PREAMBLE

1.1 The Site and its Locality The site comprises two allotments, No.227 and No.229 Old South Head Road. Each site currently contains a detached dwelling and combined have an area of 775 sqm. Adjoining the site is a park to the south, and residential flat building with a height of 8 storeys known as 24A New Street to the east. Adjoining the park to the south is a heritage listed dwelling house at 225 Old South Head Road. The site has an irregular shape with a 44m frontage to Old South Head Road. The site, when combined has dual street frontages to Old South Head Road and New Street. The allotments on the southern side of New Street comprise detached and semi detached dwellings.

1.2 Background No relevant history for the site.

1.3 Proposal Description The application seeks permission for the construction of a 6 storey residential flat building with 2 basement car parking levels. The development comprises the following; • Lower basement floor – 13 car spaces, WC, stair, lift, OSD tank; • Upper basement floor – 10 car spaces and bike store. stair, lift; • Vehicular access, pedestrian access and ground floor plan – 4 x 1 bedroom apartments

and waste storage; • Level 1 floor plan – 4 x 1 bedroom apartments; • Level 2 floor plan – 4 x 1 bedroom apartments; • Level 3 floor plan – 4 x 1 bedroom apartments; • Level 4 floor plan – 4 x 1 bedroom apartments; • Level 5 floor plan – 4 x 1 bedroom apartments; • Level 6 floor plan – 4 x 1 bedroom apartments; A total of 24 x 1 bedroom units are proposed on site and 24 car parking spaces and 20 bicycle spaces. No visitor spaces are proposed.

2. ASSESSMENT The following matters are to be considered in the assessment of this development application under Section 79C of the Environmental Planning and Assessment Act 1979.

2.1 Section 79C(1)(a) Planning Instruments.

2.1.1 State/Regional Environmental Planning Policies State Environmental Planning Policy (SEPP) Building Sustainability Index (BASIX) 2004 SEPP (Building Sustainability Index) applies to residential development. In this regard, a BASIX certificate has been submitted in support of the proposal and the development demonstrates compliance with the commitments listed within the BASIX certificate. The development therefore satisfies the requirements of the SEPP.

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SEPP 65 - Design Quality of Residential Flat Development, and the Residential Flat Design Code (RFDC) The proposal has been referred to the Joint Randwick/Waverley Design Review Panel for assessment against the 10 principles of SEPP 65. Their comments are provided in Section 3 of this report where is it discussed further.

2.1.2 Waverley Local Environmental Plan 1996 Clause 3 – Specific Aims Clause 7 for ‘Housing’ is applicable to the proposed scheme. The proposal complies with the other aims of Clause 7, however fails to (7)(d) to ensure that housing is compatible with surrounding development. The proposed development is not considered to be in keeping with the desired bulk and scale for the area, as noted by the zoning. The proposal is therefore is not compatible with surrounding development, contravening Clause 3 of the LEP. Clause 10 – Zone Objectives The site is Zoned 2(c1) Residential - Medium and High Density. The proposal fails to satisfy objectives (b) of the zone which is to maintain and improve the amenity of the locality; As discussed further within this report, it is considered that the bulk and scale of the proposed development is not in keeping with the character of the area, and as a result fails to improve or maintain the amenity of the locality. Clauses 21-26 – Environmental Considerations The proposed development does not involve any activities which will impact the uses listed under Clause 21-24 inclusive. A BASIX Certificate has been submitted with the development application demonstrating compliance with the requirements under SEPP (Building Sustainability Index), thus complying with Clause 25. In addition, a waste management plan has been submitted to satisfy Clause 26. Clause 30 – Aesthetic Appearance of Development Clause 30(b) in this case, relates to land which adjoins an arterial road. The LEP requires an assessment of the probable aesthetic appearance of any building or work that will result from the proposed development. In addition to the excessive bulk and scale of the development being unsuitable for the site, the finishes of the proposal are not regarding to be well considered, given the site’s location in a prominent location of Old South Head Road. Part 4 – Heritage Provisions A Landscape Item of heritage is located to the south of the site, on the southern side of the park and the dwelling at 225 Old South Head Road is listed as a Heritage Item under the Schedule 5 of the LEP. The proposal, given the bulk and scale is considered detrimental to the nearby heritage item. The application has been assessed having regard to the relevant provisions of the LEP and is not acceptable for the reasons discussed.

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2.1.3 Waverley Development Control Plan (DCP) 2010, Part D2 – Multi Unit Housing and I1 – Land Use and Transport

COMPLIANCE CHECK – Residential 2(c1) Control Standard Proposed Compliance Minimum Site Frontage

• 15m 44m to Old South Head Road

Yes

Height

• Wall height 9.5m • Overall height 12.5m • Number of storeys 3

Flat roof 19.5m 6 storeys plus 2 basement levels

No No

Maximum Floor Space Ratio Site area 775sqm

• 0.9:1

1.59:1 No

Setbacks – Front Rear Side

• Predominant setback • If none – 6m • 6m • 4.5m and 6m for living

areas facing side

Front setback, predominant front setback Predominantly 6m setback to the rear 3.5m for north western boundary Southern boundary adjoins park

Yes Yes No Yes

Building Length • Maximum 24m

28m – Length across Old South Head Road

No

Building Depth • Maximum of unit is 18m 10m-11m depth • Maximum for single

aspect unit is 8m

10m-11m depth for whole building Each unit has dual aspects

Yes Yes

Landscaping • Minimum 30% or site as deep soil zone

• 2m soft strip along one side

• Additional 10% soft lands. • 15% of site as communal

open space

30% deep soil planting Minimum 3.5m setback 10% soft 15% communal, but not accessible.

Yes Yes Yes No

Small sites • 50% of units minimum 3 hours 9am-3pm

Units 3,4,7,8,11,12,15, 1619,20,22 and 24 should received 3 hours each = 50% of the building

Yes

Ceiling Heights (floor to ceiling)

• Residential 2.7m

2.7m Yes

Private Balconies to upper units

• Minimum area 10m2 • Minimum depth 2.5m

Units 5-24 are upper level units each with

Yes

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COMPLIANCE CHECK – Residential 2(c1) Control Standard Proposed Compliance Courtyards to ground level units

• Minimum area 25m2 • Minimum width & depth

3m

balconies with >2.5m depth and approximately 10sqm. Units 1,2,3 have min 25sqm and width >3m Unit 4 – no courtyard.

Yes No

Storage Facilities • One bed unit 6m3

Not shown No

Apartment Mix for 6 or more units

• Studio/1 bedroom 35% • 2 bedroom 50% • 3 bedroom 15%

100% 1 bedroom units

No

Minimum unit size • 1 bedroom 50m2

Unit 1 – 54.1sqm Unit 2 – 51.1sqm Unit 3 – 50sqm Unit 4- 47.4sqm Unit 5 – 51.1sqm Unit 6 – 50.8sqm Unit 7 – 50sqm Unit 8 – 47.4sqm Unit 9 – 54.1sqm Unit 10- 51.1sqm Unit 11- 50sqm Unit 12 – 47.4sqm Unit 13 – 51.1sqm Unit 14 – 50.8sqm Unit 15 – 50sqm Unit 16 – 47.4sqm Unit 17 – 54.1sqm Unit 18 – 51.1sqm Unit 19 – 50sqm Unit 20- 47.4sqm Unit 21 – 51.1sqm Unit 22 – 50.8sqm Unit 23- 50sqm Unit 24 – 47.4sqm

Yes Yes Yes No Yes Yes Yes No Yes Yes Yes No Yes Yes Yes No Yes Yes Yes No Yes Yes Yes No

Parking Spaces (Parking Zone B)

• Number of space for 1 bedroom units

Min Rate: 0.4 = 10 spaces Max Rate: 0.8 = 20 spaces • Number of visitors: Up to 14 units, no spaces, 1 space for every 7 units after 14 units= 1.4 visitor spaces Bike Parking = 21 resident & 6 visitor Total= 27 spaces.

24 spaces (1 for each dwelling) 0 visitor spaces 20 bicycle spaces

No No No

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Height and Floor Space Ratio The purpose of the height and density controls within the DCP is to control the size, bulk and scale of developments to reflect the existing and desired future character of the area. Under the provision of Waverley Development Control Plan 2010, within the 2(c1) zone, residential flat buildings should be contained to a height of 12.5m overall with a maximum number of 3 storeys (with attic permitted) and a maximum FSR of 0.9:1. In this regard, the proposal in its current form grossly exceeds the permitted scale of development within the zone proposing 6 storeys with a maximum height of up to 22m at the highest point and an FSR of 1.59:1 In recognition of the non-compliant FSR and height, the applicant submitted a submission in relation to the comprehensive review of the LEP and DCP which was public exhibited in November 2011. In the statement accompanying the DA, the applicant has provided a contextual justification noting that the proposal responds to the scale and height of the surrounding development. The applicant notes that a 6 storey building provides an appropriate transition between the existing high density to the north and east which is 6 to 10 storeys’ and the lower scale 2(a) development on the other side of New Street. The applicant also asserts that the proposal is a high quality and superior design outcome. The buildings surrounding the site, which extend 6 to 10 storeys, are used to justify the proposed building envelope controls. Nevertheless, there are also much lower scale buildings to the rear of the site on New Street. The zoning of the site has been reconsidered during the review of the LEP, and the current zoning was considered appropriate. The proposed building envelope is considered excessive and does not reflect the future desired character of the area. There is considered to be merit in the proposed building footprint, as it is sited in such a manner that provides sufficient setbacks to the adjoining residential flat building; however the building envelope is too high. The resulting impact is a building which would have an adverse impact on the visual amenity of the streetscape, view loss to properties within the adjoining properties and the applicant’s justification is not supported. Setbacks and Building Length The purpose of the building length control at street frontage is to ensure that development responds to the existing subdivision pattern and to ensure that streetscapes are not burdened by excessive long walls. The proposal exceeds the control by 4m, however adequate separation is provided to the side boundaries is considered to satisfy the objectives of the control. Insufficient distance however has been provided from the building and north eastern boundary of the site. In this regard, the DCP requires a minimum of 4.5m distance from boundaries and 6m where living areas primarily address side boundaries. The proposal fails at 3.5m from the boundary. Apartment size and mix and storage The objectives of the apartment mix is to provide a diversity of apartment types, which cater for difference household requirements now and in the future; and to maintain equitable access to new housing by cultural and socio-economic groups. In this regard, the applicant has justified the proposal noting that the smaller, more affordable units appropriate given the proximity to significant public transport link and a busy arterial road. In addition, it was asserted that many recent development contain larger apartments and the proposed

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development would provide a counterpoint to this trend and the applicant believes that there is a demand for this type of accommodation in the area. The matter of viability or house buying trends is not matters of consideration for Council under its planning framework. The built environment and its social impacts are however, and it is considered that the proposed 24 x 1 bedroom units is not in keeping with the objectives of the site’s zoning and DCP as the building is too big and it does not provide an appropriate mix of housing for now and in the future. The assessment reveals that 6 of the proposed apartments do not meet the minimum 50sqm requirement, the difference however amounts to approximately 3sqm, and therefore this is not considered a matter of contention, The lack of variety, as discussed above remains the prominent issue. Insufficient storage has been provided or indicated for each unit. In this regard, the car parking provided for each dwelling exceeds the maximum; therefore there lies the potential for further storage for bulky items in the basement area. This matter, if the application is supported can be addressed via condition of consent. Landscaping courtyards A courtyard for the ground floor apartment has not been provided given the slope of the lane. This is not considered to be a matter of contention, as the unit maintains a minimum balcony area of approximately 10sqm, complying with the minimum requirements for residential amenity. The deep soil landscaping controls are best applied when relating to a rectangular site requiring 30% at the front of the site, and 50% at the rear of the site. Given the irregular shape of the site, the applicant has demonstrated that 30% of deep soil planting can be provided around the edges of the site, with the majority to the front of the site, facing Old South Head Road, the DCP permits this type redistribution for dual frontage sites. Additional landscaped areas up to 10% provided around the basement car park and ground floor to soften the development. This is further discussed in the comments from Council’s Tree Management Officer further in this report. The proposal does however fail the communal open space control. For a new development there is an expectation that 15% of the area is provided for common open space. In this regard, whilst 15% is provided, the space provided in the south western corner of the site appears to be accessed from the fire stair leading from the basement. This is not considered to be convenient or accessible for users, and does not meet the intention of the control. Parking Spaces The application proposes 24 car parking spaces 1 for each dwelling. Part I1 of the DCP restricts parking for the site to 20 spaces. In addition, 27 bike parking spaces should be provided, and only 19 have been provided. The proposal therefore fails both of these controls and Objective 1.2(c) of Part I1 (to) “establish parking policies that encourage walking, cycling, and public transport usage thereby reducing car dependency”. Views and View sharing During the notification period of the development (which is discussed in further detail further within this report), residents of the adjoining residential flat building to the east raised issues of loss of view and outlook. The adjoining building to the east, known as No.24A New Street is an 8 storey building containing 15 units. The building contains 1 unit on the ground level and 2 units on each level above. The units are arranged in a manner that has one unit

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orientated to the northern aspect, the other to the southern aspect. The units on the southern aspect of the building have views to the city skyline to the west. To quantify the view impacts of the development, the planning principles of Tenacity Consulting vs. Warringah (2004) are used and discussed for each of the properties below; Principle 1: Assess the views to be affected Units, 15, 13, 11, and 9 have views to the west to the city skyline, including Sydney Tower and some surrounding CBD buildings. Principle 2: From what part of the property are the views obtained Each of the above units has a balcony which wraps the south western corner of the building and adjoins the open plan lounge dining area. The views are obtained from both the balcony and from within the living area of the units. Principle 3: Assess the extent of the impact Unit 15, the top level of the building will not be affected by the proposal, as the proposed development is below the balcony of this unit. Units 13 is the unit which is most significantly affected, as the view obtained from this property is of Sydney Tower and the skyline. Unit 11 below will lose a view of the iconic ‘bulb’ of Sydney Tower. The views lost as a result of the development of No’s. 227 and 229 Old South Head Road is considered considerable, given the significant view obtained from Units 11 and 13 will be lost as a result of the development. Principle 4: Assess the reasonable of the proposal that is causing the impact The proposed building is over the FSR and height restrictions of the 2(c1) zone. The loss of view therefore over the maximum height limit of 12.5m is therefore considered unsatisfactory. Under the principles of tenacity, the loss of view from Units 11 and 13 are considered unreasonable, given that the development is well over the maximum building envelope controls permitted for the site.

2.1.3 Draft Waverley LEP 2011 The Draft Waverley LEP 2011 was exhibited from 19th October until 30th November 2011 and therefore requires consideration in the assessment of this proposal. The site is currently zoned Residential 2(c1) under Waverley LEP 1996 and proposed to be zoned to the equivalent zone of R3 Medium Density Residential the comprehensive Draft Waverley LEP 2011. The current floor space ratio and height control of 0.9:1 and 12.5m are also proposed to remain unchanged under the comprehensive LEP. During the exhibition period, a submission was received from Ingham Planning P/L on behalf of the owners of 227-229 Old South Head Rd (the applicant) requesting the site be zoned R4 High Density Residential with an FSR of 1.5:1. This submission was considered and the report on the Draft LEP was reported to Council on 6th March 2012. The submission was not supported. There are two high rise developments to the north and one opposite the site in Woollahra Council but these are atypical of development in the immediate locality which is predominantly 3 & 4 storey RFBs. Zoning 227-229 Old South Head Rd to R4 High Density Residential is therefore not recommended as the zoning would extend a scale of development which is not typical in the immediate locality, the resulting density is not required to satisfy our residential targets, vehicular access to the site would be required from New St

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in order to avoid accessing from Old South Head Rd thus generating additional traffic in New St and high rise development on these sites could generate considerable objection from residents living in the existing high rise buildings due to potential loss of views.

2.1.4 Other Matters Streetscape The proposed height, mass and bulk of the building as discussed previously within this report are unacceptable for the zoning for the site. The density permitted for the site has been reconsidered under Council’s Draft LEP, and the current permitted scale is considered appropriate. In terms of design, the SEPP 65 Panel has provided a positive response to the proposal, and it is agreed that the compact floor plate is well considered given the shape of the site. The building is proposed to be constructed in a mixture of concrete, brickwork, glazing, steel and vitrapanels. The colour palette is to consist of a combination of grey, white and green. The sandstone wall adjoining Old South Head Road is to remain, which is highly regarded. Notwithstanding the above, the proposal is considered an overdevelopment of the site. Privacy The site is zoned 2(c1), therefore there is an expectation that a residential flat building development to a maximum of 3 storeys with attic is reasonable on site. Objections have been raised to loss of privacy to the low density residential sites on the southern side of New Street. In this regard, the primary living areas have been orientated to the western side of the site fronting Old South Head Road. Privacy issues generally occur from windows in living areas and windows of a substantial size to facilitate sustained peering. In this regard, impacts from the bedroom windows are considered acceptable with regard to privacy given they are a low usage room in comparison to living areas and bathroom windows given their small size. The entrance and circulation balconies proposed on the south eastern elevation are also considered to be areas which are not frequently used for long periods of time to facilitate overlooking. It is considered therefore that privacy is maintained to an acceptable level. Overshadowing The additional shadow cast by the proposed building will be considerably more than the existing buildings or what would be expected under the current zoning. In the morning period, the building will substantially overshadow the heritage listed dwelling at No. 225 Old South Head Road between 9am and 11pm, moving over the road during the day time. In the afternoon period, the shadow of the development is joins the shadow cast by the residential flat building to the east, at 24A New Street, however will extend further, given the building line of the developed extends further to the south. The development will take sunlight from the southern most units of No24A New Street which would normally receive light from 2pm in the afternoon. It is acknowledge that additional shadow impacts should be expected given the density of the site. The additional impacts however cast from the non-compliant envelope are considered unreasonable. Character Study The site is not located within a Character Study Area. Access for People with Disabilities Three units are proposed as adaptable units. Under the provisions of Clause 7 of the Part D2 of the DCP, for developments with 21-30 units, 3 adaptable units should be provided. The proposal therefore is considered to have a social benefit in this regard.

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Community Crime Prevention – Multi Unit Housing Controls The proposal has been designed in manner that incorporates crime prevention strategies, including secured car parking area and opportunities for passive surveillance. SEPP 65 - Design Quality of Residential Flat Development, and the Residential Flat Design Code (RFDC) The application was referred to the Waverley Design Review Panel in accordance with State Environmental Planning Policy (Design Quality of Residential Flat Development). The panel comments are below; “1. Relationship to the Context of the Proposal The relationship to the context of the proposal has been well described and the proposed building is an intelligent response to that context. The current zoning (2c1) does not sufficiently reflect the real context and condition in which neighbouring buildings of 8 and 10 storeys already exist in the 2(c1) zone. The Applicant describes the proposal as a transitional building as it steps down from the tall buildings towards lower 3 - 5 storey buildings. The proposed building has shadow impacts on the park to the south of the site and more information is required with regard to the current overshadowing of the park and the extra areas of winter shadow created by the proposed building envelope. The park is a closed road however it contains public seating and is pleasantly treed. Road noise seems to be reduced due to the nature of the road and the built environment. 2. The Scale of the Proposal The Panel is of the view that the scale of the building is appropriate if there are no unreasonable shadow impacts on the neighbours and the park. 3. The Built Form of the Proposal The built form of the proposed building is very well considered and kept to a compact floor plate. Although the site presents many difficulties due to its shape and access the planning, car parking, urban response, proportions, scale, materials and colours are well resolved, neat and understated. The position of the lift and stair is crucial to the success of the basement planning, and the compact basement allows the retention of deep soil areas, however the top of the lift and stair creates extra height and bulk. The Panel suggested that the top floor apartments could be redesigned as two storey apartments which would enable the reduction of the light and stair height by some 3 metres. The ground floor apartments could have more privacy to the balconies. The design of the balcony soffits and the balustrading should also be considered for their ability to reflect /absorb road noise where appropriate. The roof design is well considered in relation to environmental design. It is unclear how the voids work between the access balcony and the bedrooms. Are they treated with glass, balustrade or screens and how are the privacy, ventilation, acoustic and fire separation issues resolved? Detailed 1:50 sections should be provided through the different facade conditions.

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4. The Proposed Density The density is considered appropriate and is consistent with the floor space of many of the buildings in the vicinity. Two storey top floor apartments would add to the variety of unit type. 5. Resource and Energy Use and Water Efficiency The planning arrangements respond well to passive solar design principles and all apartments enjoy two orientations to optimise natural ventilation, natural lighting, winter sun and summer breezes. Sunshading and weather protection should be added to the kitchen windows. Ceiling fans should be provided in all bedrooms and clearly marked on the drawings. 6. The Proposed Landscape A landscape design prepared by a landscape architect has been provided and is satisfactory. Upgrading of the park on the road reserve to the south could be discussed with the Council officers and included in the works. It is commendable that several Canary Island palms are being retained on the site. 7. The Amenity of the Proposal for its Users The proposed apartments are well laid out and would offer a high level of amenity. It is suggested that the privacy of the apartments on the lower floors would be enhanced by the provision of areas of privacy to the balustrades. 8. The Safety and Security Characteristics of the Proposal Satisfactory. 9. Social issues The proposal provides compact apartments which therefore should be relatively affordable. Upgrading of the park would provide public benefit. 10. The Aesthetics of the Proposal The proposed building has been skillfully designed and would represent an improvement to its surroundings. It is important that the Architect be retained for all stages of the project to ensure the quality of detail is maintained throughout the documentation and construction phases. If this is not the case the Panel recommends that more detail wall sections should be provided with this Application. Summary and Recommendations Given its design qualities, and if there are no adverse shadow impacts, the Panel commends this proposal to the Council. Provided that the issues raised above are addressed to the satisfaction of the planners, the Panel does not wish to review this application again.” Comment - The design merit of the proposed building and its context is not disputed. However, urban planning is fundamentally about the orderly development of land the degree of planning impact from this proposal can not be justified reasonably under the existing zoning regime.

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3 REFERRALS

3.2 Internal

Waste Management The proposal was considered satisfactory by Council’s Environmental Heath team, subject to conditions of consent. The applicant must provide 7 x 240L mobile garbage bins (MGB) to be emptied weekly, 4 x 240L MGB for paper/cardboard recycling to be emptied fortnightly and 3 x 240L MGB for other recyclables to be emptied fortnightly. The waste and recycling storage area must be able to accommodate all bins, with all bins simultaneously accessible. Vehicular Access The application was referred to Council’s Technical Services Team who have no objections to the proposal, subject to the imposition of conditions of consent. The conditions relate to the proposed basement parking area and request a Construction Vehicle and Pedestrian Plan of Management. Stormwater The stormwater drawings submitted were considered satisfactory for the proposal at DA stage and no objections have been raised to the development, subject to conditions of consent. Building Code of Australia Compliance The applicant has not provided a BCA report in support of the application. Waverley Affordable Housing Program (WAHP) Policy 2007 The applicant has proposed to enter into a Planning Agreement with Council for the provision of affordable housing as provided by the WAHP. The affordable housing offer consists of a 1 bedroom unit for 30 years. Council’s Housing officer has commented that if this offer is accepted this unit should be granted to Council in perpetuity. Given the adverse environmental impacts of this development and its inconsistency with the current zoning, it is not appropriate to accept an affordable housing contribution. Landscaping and Tree Preservation Council’s Tree Management Officer has reviewed the proposal and provided the following comments. Most of the established species on the site are either ‘weed’ species or they have poor form and shape or they are located in an area where, design wise, it is not feasible for them to be retained. For these reasons, many of the trees on the site will be given approval for removal. A transplanting and maintenance plan will be required for the Frangipani proposed for transplanting; this is to be approved by Council. An A1 Landscape plan will be required with individual species to be nominated. The concept and range of species nominated are acceptable, although any specimen tree to be planted is required to be no closer than 1.0 metres from any structure or boundary. Two palm trees at the front of the site that have been designated for retention. These Phoenix canariensis palms are in good health with no obvious sign of fusarium wilt. They are a fair age with there being a possibility that they are in existence in the 1943 aerial images of Sydney. There are concerns that the palm located in front of Unit 1 is too close to the proposed building facade and has not been given enough room for the canopy to develop.

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For this reason the building should be set back to no closer than 0.5 metres from the edge of the existing canopy of the palm tree. In order to facilitate their retention conditions will be imposed requiring:

• The above ground portion of the proposed building is to be set back to no closer than 0.5 metres from the edge of the existing canopy of the palm tree. This is a design issue that needs to be addressed BEFORE plans are approved. (All other points below can be addressed prior to issue of CC).

• A consulting arborist is to be retained for the duration of then project with regular, documented visits to the site required.

• A tree protection plan and drawing is to be developed. This plan is to be approved by Council before any construction (including demolition) is approved. This plan will be required to detail the methods used to construct the walls of the basement and the absolute extent of excavation. This is a critical point in the design/tree protection stage to ensure that the palms are provided with sufficient room for root growth and that the basement is constructed to avoid damage from the palms in the future.

• Any tree protection plan and drawing shall be developed in accordance with AS 4970 – 2009, Protection of trees on development sites

• The tree protection plan will assess each stage of development and provide measures to be undertaken at each stage including critical stop and check points that may be required.

• Details are also to be provided as to what measures are to be undertaken to prevent the introduction of Fusarium into the site e.g. limited disturbance, sterilizing of equipment etc.

The current proposal is recommended to be refused with the issues above being dealt with before any new application is submitted. Should this recommendation be overruled, conditions are recommended. Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality. The proposed development is considered to have an unsatisfactory impact on the surrounding environmental and locality. Section 79C(1)(c) - The suitability of the site for the development. Based on the above assessment it is considered that the proposed development is unsuitable for the site.

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4. PUBLIC SUBMISSIONS

The application was notified and advertised for 30 days in accordance with Waverley Development Control Plan 2010, Part C3 – Advertised and Notified Development. Fifteen (15) submissions (letters) were received, some with multiple signatures. The issues raised in the submission are summarised and discussed below.

Property Location Summary of Objections

14 Flood Street, Bondi

10/11 Flood Street, Bondi

8/19 Flood Street, Bondi

Properties are located in street to the south west of the site

• Letters of support

9 Orr Street, Bondi Property located in street south of the site

• Car parking

5A New Street Property located at the southern end of the street

• FSR • Bulk • Wall height • Car parking • Affordable Housing and FSR

allowance • Shadow diagrams • Privacy • Apartment mix

Resident of New Street Subject street of the DA

• Parking • Excessive FSR • Excessive height •

20 New Street, Bondi 5 properties to the east

• Parking • Construction nuisances • Dense area which is at capacity

3/24A New Street, Bondi Adjoining residential flat building to the east

• Block sun to unit • Block view from unit • Parking • Devaluation of property • Manoeuvrability around the streets

8/166 Old South Head Road

4 signatories

Development on the western side of Old South Head Road

• Excessive FSR • Excessive height • Questioning the affordable housing

benefit • Lack of landscaping • Bulk and visual amenity

24A New Street

7 units within the building

Adjoining residential flat building to the

• Block sun • Block views • Parking

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Property Location Summary of Objections east • Narrow street

• Devaluation of property 225 Old South Head Road Heritage building

located to the south of the site

• Not sufficient parking in building • Parking problems in the street • Loss of sunlight

13 New Street, Bondi Property within the street located south of the site.

• Height and FSR • Privacy • Parking • Construction nuisances (noise,

parking) • Damage to adjoining park • Potential to house back packers

15/24A New Street, Bondi Junction

Adjoining residential flat building to the east

• Parking • Loss of sunlight

1/15 New Street, Bondi Property across the road from the site to the south

• Parking and traffic flow • Increase traffic noise • Increase garbage and noise • Overshadowing of park

24 New Street, Bondi Two properties east of the site

• Overshadowing and loss of light • Parking • Issues regarding construction

Issue: Bulk, FSR and height Comment – Bulk, height and FSR have been discussed within Section 2 of this report and is considered unsatisfactory. Issue: Car parking, traffic, (including noise) and manoeuvrability Comment – A common theme in the submissions was issues regarding parking and traffic. The submissions expressed frustration in the parking pressures currently experienced in the street. The objectors considered that the proposal does not contain sufficient parking to accommodate visitors and residents and also commentated that the road is not sufficient to cope with additional capacity. Car parking has been discussed in Section 2 of this repo Issue: Affordable Housing and FSR Comment – Affordable Housing has been discussed previously in this report and is not accepted. Issue: Shadowing, Loss of light Privacy Comment – Overshadowing and loss of light has been considered previously in this report. Issue: Privacy Comment- Privacy has also been discussed previously in this report. Issue: Apartment mix and potential to house back packers Comment – This matter has been discussed previously and it is considered that the proposal is not ideal in the circumstances. If the application is approved, there is no evidence to

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suggest that the proposal would be converted to a back packers establishment. This type of operation would require the separate approval of Council. Issue: Construction Nuisances Comment – Nuisances which result from construction of a development are not a matter for consideration under the DA. Standard conditions of consent will be imposed which regulate noise and waste, under the relevant legislation (ie. BCA etc.) A recurring objection in the submissions included nuisances from Construction vehicles. In this regard, in recognition of the fact that access to the site would be through New Street, a condition requiring a Construction Vehicle Plan of Management will be requested as a part of any consent, if the application is approved. The plan is to be approved by Council’s Technical Services and is to detail the management of staff vehicles and machinery during construction. Issue: Devaluation of property Comment - There is no evidence to suggest that the proposal would have a negative impact on property value. Issue: Damage to adjoining park Comment – Standard conditions of consent are to be implemented to protect damage of land outside the property boundary. This also includes a bond. These conditions are recommended if the application is approved. Section 79C(1)(e) - The public interest. It is considered that the proposal is against the public interest.

5. DEVELOPMENT AND BUILDING UNIT (DBU) REVIEW The applicant has put a case to Council that this is a well designed building and contextually the height and density is acceptable because of some adjoining tall buildings. The DBU do not dispute the basis of this argument but would counter with the argument that the site is zoned for residential flat development at a certain scale and density, which provides for an orderly development of these sites commensurate with community expectations. The site has been traded under its current zoning and neighbours have bought and sold property in this context. Perhaps, residents on the 5th and 6th floor of the building to the east of the site bought their units because they felt the current planning controls guaranteed them views and an aspect over these sites. This building provides for a level of density and impact (eg view loss and shadows) that would reasonably not be expected under the current zoning. A three to four storey version of this building would have the same design merit, provide for urban consolidation on this site, a transitional form and likely be acceptable under the zoning. A six (6) storey building takes this building into an area of impact that is beyond the current planning controls for the site and reasonably can not be supported. To justify the level of impact proposed, strategic planning (zoning change) is required. The building can not be supported in its current form and is recommended for refusal.

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6. RECOMMENDATION

That Development Application No. 295/2011 at 227-229 Old South Head Road, Bondi for the demolition of the existing building and construction of residential flat building containing 24 apartments with basement car parking be refused by Council for the following reasons:-

REASONS FOR REFUSAL 1. The proposal is not consistent with Clause 3(7) (b) and (f) of the Waverley Local

Environmental Plan 1996, as the development fails to provide a range of housing types to meet the changing housing needs of the community and given the excessive bulk and scale and presents a density which fails to improve the amenity of the existing residential area.

2. The proposal does not comply with objective (b) of the Residential 2(c1) zone as it

fails to maintain the amenity of the locality, contrary to Clause 10 of the Waverley Local Environmental Plan 1996.

3. The proposal fails to comply with the following provisions of the Waverley

Development Control Plan 2010, in particular:

(a) Height control set out in Clause 3.3 of Part D2 and would result in a building of unacceptable size and bulk that would adversely impact upon the adjoining properties.

(b) Floor Space Ratio Control set out in Clause 3.4 of Part D2 and would result in a

building of unacceptable size and bulk in relation to the allotment representing an overdevelopment of the site with negative impacts on adjoining residential properties and detracting from the character of the area.

(c) Apartment Mix control set out in Clause 5.8 of Part D2, failing to provide a diversity

of apartment types which cater for different household requirements now and in the future.

(d) Car Parking controls set out in Clause 3.2.1 of Part I1, in particular, the proposal

proposes to provide 24 car parking spaces, exceeding the maximum of 20 permitted under the controls.

(e) Bicycle parking controls set out in Clause 3.2.2 of Part I1, in particular, the

proposal provides insufficient space for 27 bicycles required for the proposal. 4. The proposed development is considered to have unacceptable view impacts to units

in the adjoining development to the east and provide excessive shadows on the public domain and neighbouring properties.

5. The proposal would be contrary to the public interest given the impact on the adjoining

properties and issues raised in the submissions.

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If Council grant approval to the development, the following conditions are recommended.

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT The development must be in accordance with: (a) Architectural Plan Nos 2.11 DA, 2.12 DA, 2.13 DA, 2.14 DA, 2.15 DA, 2.16 DA, 2.21 DA,

2.22 DA, 2.23 DA, 2.24 DA, 2.31DA, all revision A, dated 17.06.11 and received by Council on date 23 June 2011.

(b) BASIX Certificate (c) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance

with the SWRMP Checklist of Part G1, Waverley DCP 2010. Except where amended by the following conditions of consent.

2. GENERAL MODIFICATIONS The proposal shall be amended as follows: (a) The basement car parking area is to be modified to provide a maximum of 20 car parking

spaces in accordance with the maximum requirements. (b) Storage area for bulky items should be provided, a minimum of 6sqm for each dwelling,

either within the units, or in a separate designated area in the basement car park. The amendments shall be submitted for the approval of Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

3. APPROVED DESIGN - RESIDENTIAL FLAT DEVELOPMENT The approved design (including an element or detail of that design) or materials, finish or colours of the building must not be changed so as to affect the internal layout or external appearance of the building, without the approval of Council.

4. ARCHITECT TO SUPERVISE DESIGN The preparation of the Construction Certificate plans shall be supervised and be to the satisfaction of a qualified designer in accordance with the requirements of State Environmental Planning Policy No. 65 - Design Quality of Residential Flats.

5. INSTALLATION OF AIR CONDITIONING

Air conditioning unit(s) installed within the building shall: (a) Be located a minimum of 1.5 metres from a boundary. (b) Be located behind the front building line and if visible suitable screened and located in an

appropriate location.

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(c) Not be adjacent to neighbouring bedroom windows. (d) Not reduce the structural integrity of the building. (e) Not emit noise that is audible within a habitable room in any other residential property

(regardless of whether any door or window to that room is open):

(i) before 8.00am and after 10.00pm on any Saturday, Sunday or public holiday; or (ii) before 7.00am and after 10.00pm on any other day.

(f) Not provide noise emissions that exceed 5dBA above the ambient background noise

level measured at the property boundary at any other time outside of (e).

6. INTRUDER ALARM

Intruder alarm/s associated with the development must operate only in accordance with the requirements of Clause 53 of the Protection of the Environment Operations (Noise Control) Regulation 2000 under the Protection of the Environment Operations Act, 1997.

7. EXCAVATION TO BE LIMITED Excavation shall be limited to that shown in the approved plans. Excavation, proposed or undertaken in the certification or construction of the development, that results in additional habitable or non-habitable floor space (including storage) shall require the submission of a new development application or Section 96 application to modify the approved development. During consideration of this application construction work on site shall cease without prior agreement of Council. Failure to comply with this condition may lead to Council prosecuting or taking a compliance action against the development for breach of its consent.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

8. SECTION 94A CONTRIBUTION

A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and Waverley Council Development Contributions Plan 2006 in accordance with the following: (a) A cost report indicating the itemised cost of the development shall be completed and submitted to council:

(1) Where the total development cost is less than $500,000: "Waverley Council Cost Summary Report"; or, (2) Where the total development cost is $500,000 or more: "Waverley Council Registered Quantity Surveyor's Detailed Cost Report". A copy of the required format for the cost reports may be obtained from Waverley Council Customer Service Centre or downloaded from: www.waverley.nsw.gov.au/publications/

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(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has been paid to Council in accordance with this condition or that the cost of works is less than $100,000.

(c) Should a section 96 modification result in any change to the total cost of the work, the

Section 94A contribution is to be revised and amended. Prior to the issue of the Construction Certificate, evidence must be provided that the revised levy has been paid to Council in accordance with this condition.

Waverley Council Development Contributions Plans 2006 may be inspected at Waverley Council Customer Service Centre. Advisory Note - A development valued at $100,000 or less will be exempt from the levy. - A development valued at $100,001 - $200,000 will attract a levy of 0.5%. - A development valued at $200,001 or more will attract a levy of 1% based on the full cost

of the development.

9. AFFORDABLE HOUSING – ONE (1) UNIT IN PERPETUITY TO BE NOMINATED AND AGREED TO BY COUNCIL Definitions In this condition unless the context otherwise requires:

"Building" means the building the subject of this consent; "Car space" means the 1 car space to be nominated and agreed to by Council on the Plans; "Lot" means the 1 residential unit to be nominated and agreed to by Council on the Plans; "Land" means the land which has the benefit of this consent; "Plans" means the plans referred to in condition 1 of this consent; "Positive Covenant" means a positive covenant pursuant to section 88E of the Conveyancing Act on terms acceptable to Council requiring the registered proprietor of the Land to perform its obligation under this condition of this Consent and such positive covenant shall not be revoked or modified without the prior approval of Council; "Property" means the Lot and the Car space; "Registered Proprietor" means the registered proprietor of the Land; "Strata Plan" means the strata plan to be registered in respect of the Land and the Building to create separate title to the Property; "Transfer" means a real property transfer in registrable form in respect the Property from the Registered Proprietor in favour of the Council;

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Transfer In return for the development gaining an increased floor space, the Registered Proprietor must transfer the Property to Council in fee simple free of all encumbrances for use by Council as affordable housing in accordance with Council's affordable housing program. Documentation The Registered Proprietor must at the sole cost and expense of the Registered Proprietor: (a) prior to the issue of any Construction Certificate and no later than 30 days after the date

of this consent: A. enter into a deed of agreement with Council on terms acceptable to Council

providing for the transfer of the Property to Council prior to the issue of any Occupation Certificate; and

B. submit to Council for approval the Positive Covenant; and C. cause the Positive Covenant in the form approved by Council to be created

and registered on title of the Land;

(a) lodge the Transfer with Council; (b) prior to issue of an Occupation Certificate in respect of any part of the Building take all

steps, do all things and sign all documents necessary to effect the transfer of the Property to Council;

(c) without limiting (b) above at the same time that the Strata Plan is lodged for registration

with Land & Property Information NSW lodge with Land & Property Information, NSW:

A. the Transfer; B. a discharge or withdrawal of any mortgage, caveat or other encumbrance

affecting the Property; C. a letter to the Registrar General directing the Registrar General to deliver the

Certificate of Title to the Property to the Council; Compliance with Specification (a) The Registered Proprietor must ensure that:

• the Property complies with the following specifications:

• There is to be no diminution of quality.

• All fixtures, fittings and inclusions are to be consistent with and reflect the same quality and standards as evident in other units and car spaces within the Building and are to be verified by Council inspection of a random number of units within the Building.

• The Property will comply with appropriate Australian Standards and the Building Code of Australia.

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• The Lot will be equipped with floor coverings, light fittings, clothes-dryers,

telephone and television aerial points in the lounge and main bedrooms, cable television fittings if provided in the Building, allocation of car and storage spaces consistent with other units, as a minimum all windows to have fly screens and venetian blinds/chain operated holland blinds or window furnishings consistent with other units, sliding door areas to have vertical blinds and security fly screen doors.

• Provision of air conditioning, security and/or intercom system to be consistent with other units.

• All bedrooms will have a reasonable level of space and privacy. (a) a final inspection of the Property and a random number of units within the Building is to be

carried out by Council to verify that the specifications referred to in this condition are complied with.

(b) ensure that all defects identified in the final inspection as referred to in this condition are

remedied to the satisfaction of Council prior to the release of the Strata Plan and Occupation Certificate.

(c) provide Council with evidence of compliance with each of the above conditions as and

when required by Council. Management The property is to be managed by a community organisation identified by Council and is to provide accommodation for a household identified to be on low to moderate incomes. Costs The cost of preparation of any legal agreement(s) and all other documentation is to be met by the Registered Proprietor. Occupation Certificate An Occupation Certificate must not be issued in respect of the building the subject of this Consent until such time as Council is registered as the registered proprietor of the Property.

10. SECURITY DEPOSIT A deposit or guarantee satisfactory to Council for the amount of $ 10,000 must be provided as security for the payment of the cost of making good any damage caused or unauthorised works that may be caused to any Council property as a consequence of this building work. This deposit (cash or cheque) or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property or rectification of unauthorised works on Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.

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11. LONG SERVICE LEVY A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate. Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

12. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, including demolition, must not be commenced until:

(a) a Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and

(b) a Principal Certifying Authority has been appointed and Council has been notified of

the appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

(c) Council is given at least two days Notice in writing of the intention to commence the

building works. The owner/applicant may make application to Council or an Accredited Certifier for the issue

of a Construction Certificate and to be the Principle Certifying Authority. 13. ESSENTIAL SERVICES - NEW BUILDING

Details of the proposed essential fire safety measures/services shall be submitted to Council with the application for a Construction Certificate or be attached to the Construction Certificate, including a certificate, prepared by a person competent to do so, setting out the: (a) basis of design; (b) standard to which the system is to be installed; and (c) all relevant documentation, including all drawings such as wiring diagrams, duct layouts,

hydraulic schematics etc and calculations shall be submitted for Council's records. At the completion of the installation, certification containing the following information shall be attached to the application for an Occupation Certificate or to the Occupation Certificate: (a) inspection, testing and commissioning details; (b) date of inspection, testing and commissioning; (c) the name and address of the individual who carried out the test; and (d) a statement that the service has been designed, installed and is capable of operating to

the above standard.

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14. SERVICE AUTHORITIES The applicant is to seek approval from Telstra and Sydney Water regarding any possible

modification to the service authorities infrastructure prior to the issue of a Construction Certificate.

15. ARCHITECT TO SUPERVISE DESIGN - CONSTRUCTION CERTIFICATE

DOCUMENTATION

The preparation of the Construction Certificate plans shall be supervised and be to the satisfaction of a qualified designer in accordance with the requirements of State Environmental Planning Policy No. 65 - Design Quality of Residential Flats. In accordance with clause 143a of the Environmental Planning and Assessment Regulations 2000, the Principal Certifying Authority must not issue a construction certificate unless it has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the plans and specifications achieve or improve the design quality of the development for which development consent was granted.

16. HOARDING REQUIRED A standard Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate. Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.

17. GEOTECHNICAL ENGINEERS REPORT A geotechnical report, regarding the stability of the subject site and stating that damage

should not occur to any adjoining premises as a result of the proposed bulk excavation, driven type piles and shoring works, is to be submitted to the Principal Certifying Authority, Council and the owners of adjoining premises. The report is to be submitted prior to the issue of a Construction Certificate and commencement of any such works on the site.

18. DETAILS OF BULK EXCAVATION, SHORING OR PILE CONSTRUCTION

A report shall be prepared by a suitably qualified and practising Structural Engineer detailing the proposed methods of bulk excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. The Report shall be submitted to the Principal Certifying Authority, Council and the owners of adjoining properties prior to the issue of a Construction Certificate. Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction Certificate.

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19. HOARDING REQUIRED

A standard A-Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate. Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.

20. EROSION, SEDIMENT AND POLLUTION CONTROL Erosion, sediment and pollution control measures are to be implemented on this site. These measures are to be in accordance with Council's Stormwater Policy and are to be implemented prior to commencement of any work or activities on or around the site. Details of these measures are to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

21. STORMWATER MANAGEMENT Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2010 - Part G4 prior to the issue of a Construction Certificate.

22. ENGINEERING DETAILS Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with all structural components prior to the issue of a Construction Certificate.

23. ENGINEERING DETAILS - CERTIFICATE OF ADEQUACY A Certificate of Adequacy prepared by a practicing Structural Engineer, certifying the adequacy of the existing building structure to carry the extra load of the proposed additions is to be provided to Council or the Accredited Certifier prior to the issue of a Construction Certificate.

24. SANDSTONE WALL The existing sandstone wall to Old South Head Road shall be retained and or reinstated (ie stone salvaged and reused on site). The replacement stone shall be of a suitable quality to match the existing and adjoining walls. The wall is to be a block work wall and not a clad wall. The wall shall be constructed using appropriate tradesmen skilled in traditional block work construction. Details of the works, including provision for storage of stone if required and grade of matching stone, shall be provided for in the Construction Certificate plans to the satisfaction of the Principal Certifying Authority.

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25. VEHICULAR ACCESS

Vehicular access and gradients of vehicle access driveway(s) within the site are to be in accordance with Australian Standard 2890.1 Parking Facilities - Off Street Car Parking with details provided on the plans prior to the issue of the Construction Certificate.

26. ACCESS The development shall be provided with access and facilities for people with disabilities in accordance with AS1428.1-2001 Design for Access and Mobility Part 1: General Requirements for Access. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

27. EXTERNAL FINISHES A schedule of external finishes shall be submitted for Council's consideration and approval prior to the issue of the Construction Certificate. The schedule shall include details of proposed external walls and roofing materials in the form of either trade brochures or building samples. Where specified, the schedule shall also include window fenestration and window frame colour details, as well as fencing, paving and balustrading details and guttering colour and profile.

28. ROOFWATER GUTTERING

All new or replacement roof guttering is to comply with the requirements of the Building Code of Australia and Australian Standard AS 3500 Plumbing & Drainage Standards to ensure that collected roof water does not flow back into the building.

29. BASIX

The undertakings provided in the BASIX Certificate shall be provided for in the Construction Certificate plans and documentation prior to the issue of the Construction Certificate. If required, a modified BASIX Certificate shall be provided that reflects the development as approved (eg addressing any modification required via conditions of consent). Any significant works (ie any works not able to be considered as Exempt and Complying Development) that result from changes to the BASIX Certificate or conflict with conditions of consent require Council's consent. The Principal Certifying Authority shall be responsible for ensuring that all the undertakings are satisfied prior to the issue of an Occupation Certificate. The above condition is a prescribed condition under the Environmental Planning and Assessment Act Regulations clause 97A and the above BASIX commitments are mandatory and can not be modified under Section 96 of the Environmental Planning and Assessment Act 1979.

30. USE OF RENEWABLE TIMBERS Council requires, wherever possible, the use of renewable timbers and/or plantation timbers such as Radiata Pine or Oregon as an alternative to the use of non-renewable rainforest timber products in buildings so as to help protect the existing areas of rainforest. In this regard, a schedule of proposed timber products to be used in the building is to be submitted for approval by the Principle Certifying Authority prior to the issue of the Construction

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Certificate. Where the applicant is to use timbers not recommended in Council's Policy, reasons are to be given why the alternative timbers recommended cannot be used.

31. AMENDED LANDSCAPE PLAN The Landscape Plan is to be amended by the following changes: (a) Proposed plan is to be submitted in A1 size at a scale of 1:100 (b) Individual species are to be nominated on the plan noting that consideration is to be given

to ensuring that there is sufficient room for the proposed species to grow and flourish in relation to it’s height at maturity.

(c) Any tree to be planted a minimum of 1.0 metres from any boundary, structure or

underground services. The amended landscape plan is to be submitted to and approved by Waverley Council’s Tree Management Officer prior to the issue of the Construction Certificate.

32. TREE PROTECTION A qualified Arboricultural Consultant with a minimum Level 5 qualification (AQF) or the equivalent shall be retained for the duration of the demolition and construction of the development. A Tree Protection Plan and Drawing is to be developed for the site in accordance with AS 4970 – 2009, Protection of trees on development sites. This plan is to be approved by Council before any construction (including demolition) is approved. The Tree Protection Plan and Drawing will assess each stage of development and provide measures to be undertaken at each stage including critical stop and check points that may be required. In addition the Consulting arborist is to identify key stages where monitoring and certification will be required as outlined in AS 4970 – 2009, Section 5. A schedule outlining these stages is to be submitted to and approved by Waverley Council’s Tree Management Officer prior to the issue of the Construction Certificate. A written account of the satisfactory completion of each of these stages as assessed by the consulting arborist is to be reported to Council.

33. TREE PROTECTION MEASURES PRIOR TO CONSTRUCTION Trees to be retained and protected shall be clearly shown on any construction plans. Tree protection measures are to be installed prior to any work (including demolition) Evidence by means of an arborist report and/or photographic evidence showing site context are to be submitted and approved by Waverley Council’s Tree Management Officer prior to the commencement of any work including demolition.

34. NOISE ATTENUATION IN RESIDENTIAL FLAT BUILDINGS Noise attenuation is to be achieved in all residential units within the building by a minimum of the following standards: (a) A wall shall have a Field Sound Transmission Class (FSTC) of not less than 50 if it

separates sole occupancy units or a sole occupancy unit from a stairway, public corridor, hallway or the like;

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(b) A wall separating a bathroom, sanitary compartment, laundry or kitchen in one sole occupancy unit from a habitable room (other than a kitchen) in an adjoining unit shall have a FSTC of not less than 55;

(c) A wall or floor shall have a FSTC of not less than 55 if it separates a sole occupancy unit from a plant room;

(d) A floor separating sole occupancy units must not have a FSTC of less than 50; and (e) A floor separating a bathroom, sanitary compartment, laundry or kitchen in one sole

occupancy unit from a habitable room (other than a kitchen) in an adjoining unit shall have an Impact Isolation Class of not less than 55.

Details are to be provided on the plans to the satisfaction of the Principal Certifying Authority prior to the issue of the Construction Certificate.

35. DILAPIDATION REPORT A dilapidation report prepared by a practising Structural Engineer shall be submitted to the

Principal Certifying Authority, Council and the owners of the adjoining properties prior to the commencement of demolition, bulk excavation or building works, detailing the current condition and the status of all buildings (both internal and external), including ancillary structures located upon the adjoining properties.

C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

36. PRIOR TO SITE WORKS The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of: (a) the name and contractor licence number of the licensee who has contracted to do, or

intends to do, work ; or (b) the name and permit number of the owner/builder who intends to do the work; and (c) any change to these arrangements for doing of the work.

37. HOME BUILDING ACT The builder or person who does the residential building work shall comply with the applicable requirements of Part 6 of the Home and Building Act, 1989. In this regard a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy the Principal Certifying Authority that they have complied with the applicant requirements of Part 6, before any work commences.

38. CONSTRUCTION SIGNS Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works.

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39. EXCAVATION AND BACKFILLING

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.

40. EXCAVATION BELOW FOOTINGS If an excavation associated with the erection or demolition of a building extends below the level of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made, at their own expense, must: (a) preserve and protect the building from damage; and (b) if necessary, must underpin and support the building in an approved manner; and (c) must, at least seven days before excavating below the level of the base of the footings of

a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

41. OBSTRUCTION TO PUBLIC AREAS

If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then: (a) a hoarding fence must be erected between the building site and the public place of the

proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected;

(b) the work is to be kept lit during the time between sunset and sunrise if the work may be of

a sort of danger to persons using the public place; and (c) a hoarding, fence or awning is to be removed when it is no longer required for the

purpose it was provided.

42. TOILET FACILITIES Toilet facilities being provided on the work site in accordance with the requirements of Sydney Water.

43. NO USE OF ORGANOCHLORIN PESTICIDES The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.

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44. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS

At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall: (a) outline the identification of any hazardous materials, including surfaces coated with lead paint; (b) confirm that no asbestos products are present on the subject land; or (c) particularise a method of safely disposing of the asbestos in accordance with the Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998); (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and (f) describe the disposal methods for hazardous materials.

45. DEMOLITION & SITE PREPARATION Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements NSW WorkCover Authority and the DECC, and with the provisions of: (a) New South Wales Occupational Health and Safety Act, 2000; (b) The Occupational Health and Safety (Hazardous Substances) Regulation 2001; (c) The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001; (d) Protection of the Environment Operations Act 1997 (NSW) and (e) DECC's Environmental Guidelines; Assessment, Classification and Management of Liquid

and Non Liquid Wastes (1999).

46. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS All site works complying with the occupational health and safety requirements of WorkCover NSW.

47. SOIL AND WATER MANAGEMENT PLAN A Soil and Water Management Plan (also known as an Erosion and Sediment Control Plan) shall be prepared according to SSROC's Soil and Water Management Brochure and the DECC's Managing Urban Stormwater: Construction Activities. This Plan shall be implemented prior to commencement of any works or activities. All controls in the Plan shall be maintained at all time. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.

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48. STOCKPILES

Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment controls.

49. LOCATION OF BUILDING OPERATIONS Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system.

50. ALL BUILDING MATERIALS STORED ON SITE All building materials and any other items associated with the development are to be stored within the confines of the property. No materials are to be stored on Council's footpath, nature strip, or road reserve without prior Council approval.

51. CONSTRUCTION HOURS Demolition and building work must only be undertaken between the hours of 7am and 5pm on

Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on: (a) The Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which form part of public holiday weekends; (b) Sundays and public holidays; and (c) On the Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.

Noise from construction activities shall comply with the Protection of the Environmental

Operations (Noise Control) Regulation 2000. 52. USE OF HEAVY EARTH MOVEMENT EQUIPMENT

Excavation works involving the use of heavy earth movement equipment including rock breakers and the like must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays with no such work to be carried out on Saturday, Sunday or a public holiday.

53. CONSTRUCTION NOISE - PERIODS OF 4 WEEKS OR UNDER

The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 20dB(A) when assessed at any sensitive noise receiver.

54. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 10dB(A) when assessed at any sensitive noise receiver.

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55. BUILDING CODE OF AUSTRALIA

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

56. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (RESIDENTIAL FLAT DEVELOPMENT AND OTHER RESIDENTIAL CLASS 2, 3 AND 4) The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planing and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certification. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 2, 3 and 4 building: (a) at the commencement of the building work; (b) prior to covering of waterproofing in any wet area for a minimum of 10% of rooms with wet

area within a building; (c) prior to covering any stormwater drainage connections; and (d) after the building work has been completed and prior to any Occupation Certificate being

issued in relation to the building. The following additional inspections are required to be undertaken by the PCA: (a) sediment control measures prior to the commencement of building work; (b) foundation material prior to undertaking building work; (c) shoring of excavation works, retaining walls, piers, piling or underpinning works; (d) steel reinforcement, prior to pouring concrete; (e) prior to covering timber or steel framework for floors, walls and roofing, including beams

and columns; (f) prior to installation of fire resisting construction systems (ie fire rated ceilings and walls);

and (g) swimming pool fencing prior to filling pool. Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

57. CERTIFICATE OF SURVEY - LEVELS All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans. Certification from a Registered Surveyor certifying ground, upper floor/s and finished ridge levels is to be submitted to the Principal Certifying Authority during construction and prior to continuing to a higher level of the building.

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58. CERTIFICATE OF SURVEY - BOUNDARIES AND LOCATION OF BUILDING A Certificate of Survey prepared by a Registered Surveyor setting out the boundaries of the site and the actual situation of the building on the site is to be submitted to the Principal Certifying Authority to certify the building is located in accordance with the development consent plans. The Certificate is to be submitted prior to the construction of the external walls above the ground floor level of the building.

59. IN-SINK WASTE DISPOSAL SYSTEMS The installation of in-sink waste disposal systems is prohibited.

60. NOISE FROM MECHANICAL VENTILATION The noise emanating from the mechanical ventilation system shall be in accordance with the requirements of Appendix B of the Australian Standard AS 1055.2-1984 (Description and Measurement of Environmental Noise).

61. WATER PROOFING The floor and wall surfaces of the proposed wet areas being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier. Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings.

62. HOT TAP WATER SCALDING To reduce the incidence of hot tap water scalding and, for the purpose of energy efficiency, all new or replacement hot water systems shall deliver hot water to a maximum 50 degrees Celsius at the outlet of all sanitary fixtures used for personal hygiene.

63. RESIDENTIAL FLAT BUILDINGS - BALCONIES NOT TO BE ENCLOSED The private open balconies attached to the proposed building are not to be enclosed at any future time, in accordance with the provisions of Council's General Policy. In this regard, the door openings within the external walls adjoining the private open balconies to be constructed so as to prevent the penetration of rain or other waters to the inner part of the building.

64. EXCAVATION TO BE MANAGED BY STRUCTURAL ENGINEER Bulk excavation is to be managed by a practising structural engineer, in accordance with the specification for shoring and support, as detailed in the approved Construction Certificate.

65. TREE PRESERVATION A tree preservation order exists in Waverley. Before any site can be developed, an application must be made in writing to Council prior to removal of tree/trees. Should permission be granted, the applicant will receive a permit to proceed.

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66. TREE PROTECTION

Precautions shall be taken when working near trees to ensure their retention, including the following: (a) Do not store harmful or bulk materials or spoil under or near trees; (b) Prevent damage to bark and root system; (c) Do not use mechanical methods to excavate within root zones; (d) Do not add or remove topsoil from under the drip line; (e) Do not compact ground under the drip line; (f) Do not mix or dispose of liquids within the drip line of the tree; and (g) All trees marked for retention must have a protective fence/guard placed around a

nominated perimeter.

67. TREE PLAN All trees to be retained on the site are to be protected by AS 4970 – 2009 Protection of trees on development sites and by the conditions below. All trees, shrubs or vegetation on the subject site are to be provided with a tree guard and a notice on each guard indicating "This tree is the subject of a Tree Preservation Order by Waverley Council." This notice is to be in place prior to commencement of any building or demolition work. Only trees with the approval of Council for removal may be removed from the site.

• Trees to be retained and protected

Species Location Action Phoenix palm x 2 Front of site, adjacent to OSH Rd (in

front of 227 OSH Rd) Retain and protect as per the arborist report to be submitted and approved.

• Trees to be transplanted

Species Location Action Frangipani sp As shown on Landscape Plan prepared

by Elke Haege Landscape architects, Job No 1105_g, Dwg no l_101, Issue D. received by Council 23 Jun 2011.

Transplant and maintain as per the transplanting report to be submitted and approved.

• Trees to be removed

Species Location Action Various sp x 5 As shown on Landscape Plan prepared

by Elke Haege Landscape architects, Job No 1105_g, Dwg no l_101, Issue D. received by Council 23 Jun 2011.

Remove and replace x 5

In line with Council’s policy to maintain and increase tree cover in the Council area, all trees where consent has been given to remove are to be replaced with a local native tree of minimum container size of 75 litres and shall be maintained until they attain a mature height of at least six (6) metres, or whereby they will be protected by Council’s Tree Preservation Order.

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Any replacement tree is to be planted a minimum of 1.0 metres from any boundary, structure or underground services. Trees shall not be tied to stakes unless support is essential. All advanced trees are to be planted in holes at least 450mm square and 450mm deep, containing good quality soil and humus. In lawn areas, grass is too kept back for a radius of at least 450mm from stems and trunks, a depression should be formed for the collection of water and the area mulched. Woodchip mulch is to be installed to a depth of 75-90mm to all mass planted garden areas and around the base of trees in lawn areas. The mulch should be kept at least 50mm away from plant stems to reduce the risk of collar rot. The replacement local native trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 4.0 metres whereby they will be protected by Council’s Tree Preservation Order. If the replacement trees are found to be faulty, damaged, dying or dead before being protected by Council’s Tree Preservation Order the tree/s shall be replaced with the same species at no cost to Council.

68. LONG SECTION OF DRIVEWAY

A drawing containing long sections along the both edges of the driveway shall be submitted for approval by the Divisional Manager, Technical Services, prior to issue of the Construction Certificate. The long sections are to be drawn at a scale of 1:25 and shall include reduced levels (RLs) of the road centreline, kerb, footpath and levels for the first 3m inside the property. The RLs shall include the existing levels and the design levels. The same drawings shall also include details of any adjustments required to the footpath on either side of the driveway.

• The existing pedestrian gate leads on Council’s footpath area on the Old South Head

Road frontage to be removed and the area turfed. • Bicycle racks for the standing of a minimum of six (6) bicycles for use by visitors being

provided to Council’s satisfaction at ground floor level.

• Facilities for the parking of a minimum of twenty one (21) bicycles for residents being provided by way of a secure, lockable area or bike locker in the basement car parking area.

• An electronically controlled and operated system being installed on the vehicular

access ramp that will permit only one vehicle to be on that ramp between New Street and the upper level basement car park at any one time. Details of the system are to be submitted to Council’s Divisional Manager, Technical Services for approval prior to the issue of an Occupation Certificate.

The “accessible unloading” space in the lower basement being clearly marked for that purpose and not used for parking by residents or visitors or for storage.

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69. EXISTING VEHICLE CROSSING IS TO BE CLOSED (ON OLD SOUTH HEAD ROAD)

The existing vehicle crossing is to be closed and all work associated with the closure is to be carried out with the approval of, and in accordance with, the requirements of Council.

70. EXISTING VEHICLE CROSSING IS TO BE MODIFIED (ON NEW STREET) The existing vehicle crossing is to be modified to provide access to the proposed basement carpark. A separate application is required for the modified vehicle crossing, with all work to be carried out with the approval of and in accordance with the requirements of Council. Modified vehicle crossing to be Wheel Strips instead of full width Concrete Driveway wherever feasible.

71. WORK OUTSIDE PROPERTY BOUNDARY All work outside the property boundary is to be carried out with the approval of, and in accordance with, the requirements of Council at the applicant's expense.

72. CONSTRUCTION VEHICLE AND PEDESTRIAN PLAN OF MANAGEMENT

A "Construction Vehicle and Pedestrian Plan of Management" (CVPPM) is to be approved by Council prior to the issue of a Construction Certificate and the undertaking of any demolition, excavation, remediation or construction on the site. The CVPPM shall provide details of the following: (a) The proposed route to be taken by demolition/construction vehicles in the Waverley

Council area when accessing and exiting the site. (b) The type and size of demolition/construction vehicles. Trucks with dog trailers and semi

trailers may not be approved for use if it is considered with the information submitted that such vehicles cannot adequately and safely gain access to and from the site or where access into or out of the site may not be not possible without the need to remove an unsatisfactory number of vehicles parked on the roadway adjacent to or opposite the site.

(c) The location of truck holding areas remote from the site should Council not give approval for demolition/construction vehicles to stand on the roadway in the vicinity of the site.

(d) Traffic control measures to be put in place when trucks, manoeuvring in the vicinity of the site, will interfere with the free flow of traffic.

(e) The location and materials of construction of temporary driveways providing access into and out of the site.

(f) The location and length of any proposed Works/Construction Zones. Note: such zones require the approval of the Waverley Traffic Committee and Council prior to installation.

(g) The hours of operation of demolition/construction vehicles. (h) The number of and where it is proposed to park light vehicles associated with

staff/employees/contractors working on the site. (i) How it is proposed to cater for the safe passage of pedestrians past the site. The details

shall include: • the route required to be taken by pedestrians including signage and any other control

measures that will need to be put in place to direct and keep pedestrians on the required route;

• any obstructions such as street furniture, trees and bollards etc., that may interfere with the safe passage of pedestrians;

• the type(s) of material on which pedestrians will be required to walk; • the width of the pathway on the route;

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• the location and type of proposed hoardings; • the location of existing street lighting.

D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

73. FINAL OCCUPATION CERTIFICATE The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied.

74. NOISE ATTENUATION CERTIFICATE On completion of any building containing residential units and prior to the issue of the Occupation Certificate the applicant shall: (a) Engage and an Australian Association Acoustic Consultant to conduct a test for noise

attenuation to classify the buildings performance on the National Star Rating Table and to confirm compliance with Condition 34; and

(b) Lodge with Council for public record, the noise attenuation star rating results.

75. SUBDIVISION A Subdivision Certificate must be obtained from Council in accordance with Section 109C(d) of the Environmental Planning and Assessment Act, 1979 prior to the registration of the subdivision plans.

76. LIGHTING Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting.

77. SYDNEY WATER A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator, for details see the Sydney Water website www.sydneywater.com.au\customer\urban\index or telephone 13 20 92. Following application a "Notice of Requirements" will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the subdivision plan/occupation of the development.

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78. ARCHITECT TO SUPERVISE DESIGN - OCCUPATION CERTIFICATE DOCUMENTATION

In accordance with clause 154A of the Environmental Planning and Assessment Regulations 2000, the Principal Certifying Authority must not issue an occupation certificate to authorise a person to commence occupation or use of the development unless it has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the residential flat development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued.

79. DISPLAY OF WASTE MANAGEMENT PLAN The occupant/body corporate shall be provided with at least one copy of the Waste Management Plan. An additional copy of the plan shall be displayed in a secure, visible and accessible position within or adjacent to the waste storage area. The approved Waste Management Plan must be complied with at all times during occupation.

80. LANDSCAPE PLAN The site is to be landscaped and turfed in accordance with the approved landscaped plan with the landscape works completed prior to the issue of the Occupation Certificate.

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MINUTES OF THE MEETING OF THE INDEPENDENT HEARING AND ASSESSMENT PANEL OF WAVERLEY COUNCIL

Location: Council Chambers, Corner of Paul Street and Bondi Road Date: 7 March 2012 Time commenced: Inspections – 4.00 pm Public Hearing – 6.00 pm Time concluded: IHAP Meeting – 9.45pm Panel Members: Tina Spiegel Solicitor/ Town Planner Jocelyn Jackson Architect Silvija Smits Town Planner/Architect Julius Medgyessy Community Representative Staff in attendance: Philip Bull Disclosures: No conflict of interests ITEM 2 IHAP- 1203.2 Proposal: Demolition of existing building and construction of residential flat

building containing 24 apartments with basement car parking Address: 227-229 Old South Head Road Bondi Council reference: DA-294/2011

PANEL COMMENTARY: The Panel visited the site and viewed the surrounding area. Panel perused Council Development Assessment Report and the Development and Building Unit Review and Council files containing the development application with associated drawings and reports. All written submissions were perused and all verbal submissions were considered. After much deliberation the Panel agreed that the design of the proposed residential flat building and impact of that design on the surrounding area was beneficial, in terms of the type of housing proposed and the amenity impact was such that it would not warrant refusal of the application. The difficulty was that the planning standards of height and FSR were greatly exceeded. In terms of design the Panel agreed with the Waverley Design Review Panel. Streetscape In terms of the presence of the proposal in the street, this 6 storey development is more appropriate than a small 3 level flat building which the planning standards envisage. The site is surrounded by 8 and 10 storey flat buildings and to the south is a large parcel of land zoned for high rise residential development. On this basis the creation of a medium to low density development on this site was considered out of character with the area. The stepped faceted front façade of the building follows the road and means that the full length of the structure will not be seen in totality at any one time.

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Privacy It appears that there are no significant privacy issues created by this design due to the location of windows and the side setback from the neighbouring property. Overshadowing Upon examination of the possible shadow impacts provided the Panel agreed that increased overshadowing would be minimal and not warrant refusal. Views There would be a minimal view loss and it would not warrant refusal of the application. Public Interest The creation of one bedroom units when the community has expressed a demand for such affordable accommodation the Panel considered is in the Public interest. Off Street parking The submissions, both written and oral are in support of the retention of the additional off street car spaces. The proposed number of car spaces means that each apartment will have a car space, thus reducing potential on street parking. This will reduce on street vehicular congestion. The proposal creates effective and efficient use of the land. A smaller residential development in that location would not, in the Panel’s view be in the public interest or in context with the existing and envisaged density in the immediate locality. The Panel all agreed that the design of the structure was preferred over one which strictly complied with the planning standards in this location and that the impact on the amenity of the surrounding residential areas was minor in terms of overshadowing and did not warrant refusal of the application. However one member of the Panel did not agree with granting approval because of the expectation of the community that a development will comply more closely with the planning standards. CONCLUSIONS: That DA294/2011 for 227-229 Old south Head Road Bondi be granted consent RECOMMENDATION OF THE PANEL: That DA294/2011 is granted consent subject to conditions proposed in Council report except for Condition 2(a) which is to be deleted. VOTING FOR THE RECOMMENDATION: 3 in favour and 1 against.

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REPORT TO COUNCIL

Revised Statement of Business Ethics (A06/1397) Report dated 16 April 2012 from the Director, Corporate and Technical Services about the adoption of a revised Statement of Business Ethics. Recommendation: That Council adopt the revised Statement of Business Ethics attached to this report. Purpose of Report Council adopted its current Statement of Business Ethics (Statement) in December 2009. The Statement compliments our policies on procurement, sponsorships, grants and donations, and our codes of conduct. The Statement has now been reviewed and amended. A number of minor amendments have been proposed for the Statement consisting of the following: 1. A strengthening of the wording in the General Manager’s introduction stressing

that our Statement complies with NSW Government guidelines. 2. Changing the Values Section to reflect the existence of the Delivery Program

and Operational Plan. 3. Strengthening the section on ‘Why you need to comply’ setting out the

consequences for the suppliers of goods and services if they are found to have undertaken unethical or corrupt behaviour.

4. Amending the section on Gifts & Benefits. 5. Adding in a new section on Political Donations in the ‘Additional Information’

section. 6. Changing the reference to ‘Whistleblowers’ to ‘Reporting Unethical Behaviour’. Background / Introduction A Statement of Business Ethics is a direct and simple way to communicate a Council’s ethical standards to potential private sector suppliers, especially for tenders and other procurements. A Statement of Business Ethics should lead to greater transparency and clearer understanding of what is expected when doing business with Council. According to ICAC, “a statement of business ethics will often be the first contact in any business relationship between the private and public sectors. It can set the tone of the entire relationship, it is important to get it right”. ICAC also suggests that “a business ethics statement provides an excellent vehicle for communicating core public sector values and practices, particularly at the beginning of a business relationship when establishing mutual expectations is critical”. The Department of Local Government, as part of its Better Practice review program, recommends that Councils develop and adopt a Statement of Business Ethics if they have not already done so. The Department considers the development and implementation of statements of business ethics a ‘Top 10’ area of concern.

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REPORT TO COUNCIL

Governance has programmed a review of Council’s Statement of Business Ethics into its 2012 schedule of policy reviews. The Statement is provided to all the suppliers of goods and services who do business with Council so that they are aware of their obligations in respect of ethical behaviour. Analysis In undertaking this review, the Divisional Manager, Governance & Integrated Planning has examined a range of other Councils’ Statements and has undertaken a review of ICAC reports and publications pertaining to procurement. The examination of other Councils’ statements involved an assessment to see whether there were any information gaps in our current statement which needed to be addressed. The Statements from the following Councils were examined:

• Fairfield • Hurstville • Marrickville • Parramatta • Sydney • Canterbury • Ryde • Mosman

The table below shows the areas which each Council’s Statement covered.

Council Introduction by GM

Organisational Values

Business Principles

What you should expect from Council

What does Council expect from you

Addition al Information

Who to Contact

Business Relationships

Why comply with the SoBE

Report ing unethical behave iour

Waverley √ √ √ √ √ √ √ √ Hurstville √ √ Fairfield √ √ √ √ √ √ Marrickville √ √ √ √ √ √ √ √ Parramatta √ √ √ √ √ √ √ √ Sydney √ √ √ √ √ Canterbury √ √ √ √ √ √ √ Ryde √ √ √ √ √ √ √ Mosman √ √ √ √ √ √ √

From here it can be seen that Waverley’s existing Statement is very similar to the other Councils and covers much the same information. The only gap which the table highlights is that our Statement has a weakness in the area of ‘Reporting unethical behaviour’. Accordingly, a number of minor amendments have been proposed for our existing Statement consisting of the following:

• A strengthening of the wording in the General Manager’s introduction stressing that our Statement complies with NSW Government guidelines.

• Changing the Values Section to reflect the existence of the Delivery Program

and Operational Plan.

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REPORT TO COUNCIL

• Strengthening the section on ‘Why you need to comply’ by setting out clearly the consequences for the suppliers of goods and services if they are found to have undertaken unethical or corrupt behaviour.

• Rewriting the section on Gifts & Benefits.

• Adding in a new section on Political Donations in the ‘Additional Information’

section.

• Changing the reference to ‘Whistleblowers’ to ‘Reporting Unethical Behaviour’.

The revision of the Gifts and Benefits section was seen as particularly important because of recent investigations undertaken by ICAC during 2011. The ICAC Report, Corruption Risks in NSW Government Procurement (Dec 2011), noted: An investigation conducted by the Commission in 2011 exposed systemic giving of personal gifts across NSW local councils and some other public sector agencies by suppliers to public officials who place orders on behalf of their agency. The gifts included gift cards, gift vouchers and upscale consumer electronics products, and were offered by suppliers in an attempt to influence the public official to make repeat orders from their company, to order goods that they might not normally buy or to order larger quantities than usual. (p.32) The report further noted that the secrecy around the gift giving can make it difficult to detect. However, ICAC noted that “If suppliers realise…that their future sales are in jeopardy if they give gifts to buyers, this can work as an incentive to discontinue the practice.” (p.32) This is precisely why Governance has reworded Section 7 (Why you need to comply) of the Statement. • Financial: There is no financial cost associated with the adoption of the amended

Statement. It is an effective tool to improve how we relate to external service providers.

• Delivery Program/Operational Plan: A review of the Statement of Business

Ethics is in line with Direction G1 – Council’s decision making processes are open, transparent and corruption resistant and based on sound integrated planning and with Operational Plan Strategy G1a – develop and maintain a framework of plans and policies that ensures open and transparent council.

• Consultation: A range of other councils’ Statements of Business Ethics were

reviewed as well as ICAC publications were examined to ensure the new statement addresses recent issues particularly in respect of gifts and benefits. As the statement relates to operational issues (procurement) the Executive Team was consulted to seek their input.

Recommendation: That Council adopt the revised Statement of Business Ethics attached to this report. Bronwyn Kelly, Director, Corporate and Technical Services Author: Paul Spyve, Divisional Manager, Governance & Integrated Planning Attachment: Statement of Business Ethics

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Statement of Business Ethics

LINKS TO COMMUNITY STRATEGIC PLAN & DELIVERY PROGRAM

Direction G1 – Council’s decision making processes are open, transparent, corruption resistant and based on sound integrated planning

Strategy G1a – Develop and maintain a framework of plans and policies that ensures open and transparent Council operations

AUTHOR: Paul Spyve

DEPARTMENT: Governance & Integrated Planning

DATE CREATED: August 2006

DATE REVISED: April 2012

DATE APPROVED BY EXECUTIVE TEAM:

DATE ADOPTED BY COUNCIL:

NEXT REVIEW DATE: April 2014

TRIM FILE REF: A06/1397

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STATEMENT OF BUSINESS ETHICS 2

Statement of Business Ethics

How we do business at Waverley Waverley Council is proud to be a professional, friendly and ethical organisation.

Council provides an enormous number of services, and our community expects high ethical standards in our provision of those services and in everything else we do. How we manage our relationships with business is a key to maintaining the community’s trust and confidence. We therefore need you to understand and support the ethical framework in which Council operates and what we expect from our staff.

Our Statement of Business Ethics provides clear guidelines on what to expect from Waverley Council and what your obligations are and the expected behaviours as someone doing business with Council. These standards comply with the NSW Government guidelines for procurement and contracting.

We expect you to respect our principles and policies and apply them in all your dealings with Council. They are an integral part of good business practice.

If at any time you feel that Council is not meeting its standards, please contact my office.

I encourage you to become familiar with our policies, and trust that this Statement helps you to do business with Council.

Tony Reed General Manager

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1. What does this Business Ethics Statement refer to?

We, us, our Council’s staff, councillors, contractors, subcontractors, consultants, delegates and (to the extent practicable) volunteers, as appropriate to the context

Council’s staff Council’s staff, contractors, subcontractors, consultants, delegates and (to the extent practicable) volunteers

You, your People or organisations that deal or wish to deal with Council in business matters

Code of Conduct

Council’s Code of Conduct for Staff, Delegates and Volunteers, in the case of Council’s staff, contractors, subcontractors, consultants, delegates and volunteers

Council’s Code of Conduct for Councillors, in the case of councillors

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2. Why comply with a Business Ethics Statement?

When you comply with this Statement, you will find that doing business with Council is easier and more effective. You can be sure that you are not disadvantaged because we require others who deal with us to do the same.

By doing business ethically, you will also find it easier to deal with other government bodies because they have similar policies. Ethical practice makes good business sense.

On the other hand, corrupt or unethical behaviour can lead to:

termination of contracts;

loss of future opportunities;

loss of reputation;

loss of approvals;

investigation for corruption;

investigation for criminal activity.

3. What are our Values? Our values are set out in our Delivery Program and Operational Plan and apply to everything we do. We pride ourselves on bringing the following values alive in our daily activities.

Great Leadership Great leadership is having the courage to make difficult decisions when they are for the benefit of the whole community and having the skills to engage our teams in providing quality service..

Great Customer Service Great Customer Service is the willingness and ability to give priority to customers, delivering high quality services which meet their needs.

Respect for All Respect for all is; treating each other and all members of the community in a friendly, fair and equitable way.

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Working Ethically Ethical behaviour is acting in ways that are consistent with the expectation of the organisation to be corruption free and transparent.

Working Together Working Together is about everyone working in partnership (internally and with the community) to achieve common or shared goals.

Getting the Job Done Safely, Sustainably and On Time Getting the job done means providing a service efficiently, effectively and in the safest possible manner within agreed timeframes and due regard for the environment.

4. What are our Key Business Principles?

Our Key Business Principles overlap with our Values, and target our relationships with suppliers.

Ethics We have to comply with Council’s Code of Conduct. This means we need to uphold high standards of conduct and ethics in everything we do for Council. We expect the private sector to apply similar high standards when dealing with Council.

We will:

act with integrity;

avoid personal and professional conflicts;

respect and follow the letter and spirit of Council’s policies and procedures;

use public resources effectively and efficiently;

make decisions solely on merit; and

give reasons for decisions (where appropriate).

Value for Money We will always try to obtain the best possible value for money in any business arrangement. This does not simply mean the lowest or highest price.

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Apart from initial and ongoing costs, we will normally consider other aspects such as your ability to provide suitable goods or services, quality, safety, reliability and timely performance.

The lowest or highest bid may be the ‘best value’ if it meets the requirements we believe are needed.

Fairness We will be fair by being objective, reasonable and even-handed. This does not mean that we will always ask for competitive bids or that we will ask for bids from suppliers that have performed poorly in the past.

On the other hand, we will rarely deal exclusively with a particular supplier, and then only where we have strong reasons to do so.

Sometimes our decision will have a negative effect on a person or organisation, but that does not necessarily mean it is unfair.

We will only request business proposals (by tender or any other method) if we intend to award a contract. If we make a change to our request, we will advise all the affected bidders so that they can respond before a decision is made.

All of our business dealings are open and transparent, including the surrounding process. The exception is where we need to maintain confidentiality or protect privacy.

5. What should you expect from Council?

Council will ensure that all policies, procedures and practices related to approvals, tendering, contracting and the procurement of goods and services are consistent with best practice and the highest standards of ethical conduct. You should expect Council’s staff and councillors to:

act honestly, openly, fairly and ethically in all their dealings with you;

be friendly, courteous, respectful and professional in their dealings with you;

respect confidentiality of commercial information and privacy of individuals;

prevent actual, potential or perceived conflicts of interest;

comply with the law including legislation and regulations;

comply with Council’s policies and procedures including the Code of Conduct and purchasing policies;

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assess all business proposals objectively by considering only relevant factors;

seek value for money;

promote fair and open competition;

protect privilege, confidentiality and privacy;

respond promptly to reasonable requests for information;

never request gifts or other benefits; and

decline gifts or other benefits for doing their job unless the gifts or benefits are nominal or token or otherwise allowed under the Council’s Code of Conduct.

6. What does Council expect from you? We expect you to:

act honestly, openly, fairly and ethically in all your dealings with Council and in all your dealings on behalf of Council;

treat our customers in a friendly, courteous, respectful and professional way in all your dealings on behalf of Council;

ensure that environmental sustainability is a key element of your business practice;

respect confidentiality of commercial and Council information and privacy of individuals;

prevent actual, potential or perceived conflicts of interest and declare these as soon as possible if they occur;

comply with the law including legislation and regulations;

provide working conditions for your employees that comply with industrial relations laws and regulations;

not be involved in the exploitation of child labour;

uphold Equal Employment Opportunity principals;

comply with this Statement and Council’s other policies and procedures including the Code of Conduct, purchasing policies, secondary employment and post-separation employment policies;

provide value for money;

protect privilege, confidentiality and privacy;

respond promptly to reasonable requests for information;

respect the fact that Council’s staff and councillors must comply with this Statement and Council’s other policies and procedures;

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ensure that you do not offer, and refuse requests for, gifts or benefits to Council’s staff or councillors for doing their job, unless you are offering gifts or benefits that are nominal or token or otherwise allowed under the Code of Conduct;

ensure that you do not lobby or seek to influence Council’s staff or councillors while business proposals are being considered;

ensure that you are not involved in collusive practices including attempting to influence or pressure Council’s staff or councillors to perform their public duties improperly;

obtain Council’s consent before discussing Council’s business with the media;

assist Council to prevent unethical practices in our business relationships;

advise the General Manager if you believe any person has breached the law, this Statement or Council’s other policies and procedures.

If you are employed/contracted by us, you must ensure that in your dealings with members of the public you:

comply with the values and meet the standards set out in this Statement and in council's codes and policies;

act reasonably and professionally at all times;

provide information about how they can make a complaint about you or your operations and how their complaint will be dealt with including how we will be advised of the complaint and its resolution.

_________________________________________________

7. Why you need to comply

All of Council’s providers of goods and services are required to comply with this statement. The principles of this Statement are consistent with the ethical requirements of other public sector agencies. Therefore you must be careful when you deal with us, because we are public officials.

If you engage in corrupt conduct, such as trying to influence the outcome of a tender, Council takes it very seriously. Council’s standard tendering invitations, for example, state that any action or contact that may be considered as an attempt to influence a decision of Council’s staff or councillors shall automatically disqualify the relevant tender.

People who engage in corrupt conduct are committing a crime. Penalties for certain acts under the Independent

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Commission Against Corruption Act 1988 and the Crimes Act 1900 can include imprisonment.

Non-compliance with the requirements of this Statement resulting in demonstrated corrupt or unethical conduct could lead to:

• Termination of contracts

• Loss of future work

• Loss of reputation

• Investigation for corruption

• Matters being referred for criminal investigation

• Disqualification of tender

8. Additional information to assist you Gifts or other benefits Council awards contracts and determines applications based solely on merit. Gifts must NOT be given in connection with any prospective business dealings and Council officials are not permitted to ask for any reward or incentive for doing their job.

The acceptance of gifts of a token value by Councillors and staff is permitted. All gifts accepted and all offers of gifts whether token or not are required to be disclosed and are required to be recorded in Council’s Gift Register.

References to ‘gifts’ normally include other benefits or cash. Gifts or benefits to Council’s staff and Councillors that have a nominal or token value, and do not create a sense of obligation, may be acceptable. Cash is never acceptable. All gifts must be declared and entered in Council’s gift register.

Council’s Code of Conduct contains further information.

Communication You must communicate with us clearly and directly at all times, and account for all communications. This will ensure that there is a minimal risk of appearing to influence Council’s staff or councillors inappropriately.

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Confidentiality All Council information is considered confidential and cannot be disclosed unless Council has agreed otherwise in writing, or the information is public knowledge, or the law requires it to be disclosed.

Conflict of Interest Council’s staff and councillors must disclose any actual, potential or perceived conflict between their personal interests and their professional duties.

Sponsorship From time to time, Council seeks financial or in-kind sponsorship from the private sector to support Council’s activities or events. Council also regularly provides sponsorships or grants to community organisations for their activities or events.

Council has a Sponsorships, Grants and Donations Policy that sets out the procedures and considerations that apply in these situations. Sponsorships, grants or donations must not interfere with Council’s ability to carry out its functions, and the process of seeking and providing sponsorships, grants and donations must be open and transparent.

Contractors, Sub-Contractors, Consultants and Delegates You must ensure that any person who is engaged in your work for Council complies with this Statement. This applies to all delegates including your staff, contractors, sub-contractors, consultants and any other persons or organisations. We must ensure that any person who acts for Council complies with this Statement.

All delegates of Council must also comply with Council’s Code of Conduct for Staff, Delegates and Volunteers.

Secondary and Post-Separation Employment Council’s staff members have a duty to maintain public trust.

If a Council staff member works as an employee outside Council, this is called ‘secondary employment’. Running a business or acting as a consultant is also considered ‘secondary employment’, even if the staff member is not strictly an employee in the other business.

The General Manager can prohibit Council’s staff from secondary employment where there is, or might be, a conflict of interest.

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Council’s staff must apply for the General Manager’s approval of secondary employment if there is a risk of conflict of interest.

Council’s staff must not use their access to commercially sensitive information they gain at Council to assist them into secondary employment or into new employment, business or consultancy after they leave Council. This includes detailed knowledge of Council policies, procedures, practices and information unless these are public knowledge.

Council’s staff must also not allow themselves or their work to be influenced by plans for, or offers of, new employment, business or consultancy.


Intellectual Property You must respect Council’s intellectual property and Council must respect your intellectual property. Access, licence or use must be agreed in writing.

Use of Resources Council’s resources must only be used for official purposes.


Political Donations

The law requires that persons who have a financial interest in, or have made a submission in relation to a Development application or a planning instrument, must disclose certain information about political donations and other gifts. This is a mandatory requirement if a donation or gift has been mnade to a Councillor or council employee within the previous two years of the application or submission.

Reporting Unethical Behaviour Council is committed to promoting ethical behaviour. Reports of unethical behaviour, fraud, corruption, maladministration or waste can be to the General Manager or Council’s Public Officer.

Public officials, including Council’s staff and councillors, who report corrupt conduct, maladministration or serious waste of public funds can be protected by the Protected Disclosures Act 1994. This Act protects public officials disclosing corruption related matters from reprisal or detrimental action

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and ensures that disclosures are properly investigated and dealt with.

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9. Who should you contact? If you have questions or comments concerning this Statement, or have information on suspected corruption, maladministration or serious waste of funds, please contact the General Manager’s office by letter, phone, fax or email. The details are below.

If you would like a copy of Council’s Code of Conduct for Staff, Code of Conduct for Councillors or Sponsorships, Grants and Donations Policy, visit www.waverley.nsw.gov.au or contact our Public Officer.

FOR MORE INFORMATION OR TO OBTAIN COUNCIL POLICIES… CONTACT The Public Officer, Waverley Council

TO REPORT CORRUPTION, MALADMINISTRATION OR WASTE…

CONTACT The General Manager, Waverley Council

PHONE 9369 8000 PHONE 9369 8000

FAX 9369 1820 FAX 9369 1820

ONLINE www.waverley.nsw.gov.au

ADDRESS PO BOX 9, BONDI JUNCTION NSW 2022

EMAIL [email protected]

EMAIL [email protected]

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REPORT TO COUNCIL Licence Agreement Tamarama Kiosk (A02/0235) Report dated 3 May 2012 from the Director, Corporate & Technical Services about the Licence Agreement for Tamarama Kiosk. Recommendation: That: 1. Council approves a further 12 month temporary licence with Mr Alan Lewis for the


documents and affix the Council seal where necessary. Background Council has previously approved the issue of temporary licences to Mr Lewis for the kiosk operation as it has been planned for some time to replace the building with an approved design on a new location in Tamarama Park. Changes to Council’s Capital Works Program have necessitated several deferments of this new building project, and at this point, it is unclear when the project might proceed although it has been listed for commencement in the draft 2012/13 Capital Works Program. An application for subsidised loan funding has been submitted to the DLG for the new facility, and we are awaiting advice on success or rejection of this form of funding. In any scenario, however, the existing kiosk is expected to continue operating for at least another 12 months. Mr Alan Lewis, the current kiosk operator, has applied for a further temporary 12 month licence. Comment As a firm completion date for the new building is not expected within the next 12 months, it is preferable to continue the kiosk operation and service from the existing building. In 2007, the issue and circumstances were discussed with officers of the Department of Lands, and in the light of Council’s intention to replace the building and the limited tenure of any new licensee, the Department agreed that it was a reasonable approach for Council to maintain a presence in the Park and issue a temporary licence to Mr Lewis. This is simply a continuation of those circumstances. Current rental would be increased in line with the CPI. A demolition / notice to vacate clause will be provided in the licence to permit reasonable notice to be given to Mr Lewis prior to vacation being required. Analysis • Financial

Approval of the temporary licence will maintain a market revenue stream to Council for the kiosk operation.

• Management Plan Accords with section G5c of Waverley Together 2, Council’s Delivery Program for 2010-13: “Establish and maintain commercial business operations that contribute to Council’s financial sustainability” 121

REPORT TO COUNCIL

• Consultation NA.

• Timeframe Preparation and execution of the licence will proceed following Council approval.

Recommendation: That: 1. Council approves a further 12 month temporary licence with Mr Alan Lewis for the


documents and affix the Council seal where necessary. Bronwyn Kelly Director Corporate & Technical Services Department Author: Steve Gillett

122

REPORT TO COUNCIL

Request for the calling of tenders for pest control services (A09/0586) Report dated 3 May 2012 from the Director, Corporate & Technical Services seeking to proceed to tender for the provision of pest control services. Recommendation: That Council approves the calling of tenders for pest control services. Purpose of Report The purpose of this report is to seek Council’s approval for the calling of tenders for pest control services. The tender will be for three (3) years with an option to extend for a further 2 years. Background Council has a large portfolio of properties that require regular pest control services. The Local Government Act requires Council to call tenders for any purchase of goods or services for contracts that have a total contract value of above $150,000. This tender will provide Council with an opportunity to test the market and recommend one or a number of contractors that can provide Council with the best value for money. Current Situation The documentation for pest control services is being created. These services are budgeted in Council’s operational budget. Council approval is now requested for commencement of a tender process. Analysis Financial – Funds are allocated within Council’s operational budget.

Delivery Program – Accords with:

Direction G4: Council’s operations are efficient, effective and provide value for money. Direction G5: Council is a financially sustainable organisation.

Consultation – All relevant departments will have input into the scope of works and

specification. Timeframe – Tenders would be called in June / July 2012, with a further report to

Council on the outcome of the tender process. Recommendation: That Council approves the calling of tenders for Pest Control Services. Bronwyn Kelly Director Corporate & Technical Services Author: Joe Cavagnino

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REPORT TO COUNCIL

Budget Review (A03/0346) Report dated 4 May 2012 from the Director, Corporate & Technical Services on Council’s 3rd Quarter Budget Review for 2011/12. Recommendation: That Council: 1. Receive and note this report on the budget review for the 3rd quarter 2011/12. 2. Receive and note the Quarterly Budget Review Statement (QBRS) for the 3rd quarter

2011/12. 3. Vary the allocations to the recurrent and capital works budget in accordance with the review

document. 1. Purpose of Report The purpose of this report is to notify Council in accordance with the Local Government (Financial Management) Regulation 1999 (Part 2 Clause 7) that Council is to review its annual budgets on a quarterly basis. This review has been conducted and is presented for Council’s consideration. 2. Background/Introduction Council’s Executive Team (ET) met on 26 April 2012 to undertake the 3rd quarter budget review for the financial year 2011/12. 3. Budget Analysis Council commenced the 2011/12 financial year with a forecast net budget deficit of $4,294. The 2011/12 1st quarter budget review forecast a net budget deficit of $51,112. This was an increase of $46,818 to the original net budget deficit. The 2011/12 2nd quarter budget review forecast a net budget deficit of $83,432, an increase of $79,138 to the original net budget deficit and a further increase of $32,320 against the 1st quarter forecast. The 3rd quarter budget review is forecasting a 2011/12 financial year end deficit of $17,391. The graph and table below provide a comparison of Council’s forecast position between Original Budget, Q2 budget review and Q3 budget review.

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REPORT TO COUNCIL

Table 1 – Budget Review Summary 2011/12 (Q2) (Q3) (Q3 – Q2)

Original Adopted Projected Budget Budget Budget Variance

Operating Income: Rates and Annual Charges (41,586,425) (41,644,042) (41,655,742) (11,700)Investment Revenues (2,150,000) (2,399,000) (2,484,000) (85,000)User Charges & Fees (30,787,916) (31,302,756) (31,123,276) 179,480Other Revenue (11,752,943) (10,739,221) (10,229,331) 509,890Grants, subsidies and contributions (8,014,788) (6,509,425) (6,904,627) (395,202)Capital Income: Capital Grants & Contributions (720,106) (2,901,760) (2,691,760) 210,000Sale of Assets (713,366) (1,106,852) (836,852) 270,000

Total Income: (95,725,544) (96,603,056) (95,925,588) 677,468Operating Expenditure: Employee Costs 52,586,635 51,054,727 50,609,448 (445,279)Materials & Contracts 15,507,786 15,412,276 15,542,489 130,213Other Expenses 18,458,401 18,420,833 18,190,718 (230,115)Borrowing Costs 290,698 290,698 290,698 –

Total Operating Expenditure: 86,843,520 85,178,534 84,633,353 (545,181)

Operating Result Before Capital (8,882,024) (11,424,522) (11,292,235) 132,287 Capital Expenditure Capital Equipment - Plant 3,761,269 5,322,908 5,322,908 –Other Capital Equipment 599,076 950,038 950,038 –Property Acquisitions 0 1,800,000 1,751,650 (48,350) Capital Works Program 10,207,264 19,047,586 19,534,586 487,000

Total Capital Expenditure: 14,567,609 27,120,532 27,559,182 438,650

Net Budget Result Before Funding 5,685,585 15,696,010 16,266,947 570,937 Funding Sources New Borrowings (677,332) (677,332) (677,332) – Loan Repayments 1,260,100 1,282,700 1,282,700 –Transfers from Reserve (11,401,394) (21,457,968) (21,862,346) (404,378)Transfers to Reserve 5,137,335 5,240,022 5,007,422 (232,600)

Total Funding (5,681,291) (15,612,578) (16,249,556) (636,978) Net Budget Result (Surplus)/Deficit: 4,294 83,432 17,391 (66,041)

In summary:

• total income (operating plus capital) is expected to be lower than the adopted 2nd quarter budget by $677,468 but higher than the original adopted budget by $200,044;

• total operating expenditure is expected to be lower than the 2nd quarter adopted budget by

$545,181 and lower than the original adopted budget by $2,210,167, with the vast majority of that saving coming from under-expenditure on employee costs;

• capital expenditure will be higher than the adopted budget by $438,650; and

• funding sources (loans and internal reserves) will be drawn down by $636,978 more than

previously anticipated. 125

REPORT TO COUNCIL

4. Income Income was forecast in the original budget to be $95,725,544. This was increased by $1,322,288 to $97,047,832 as part of the Q1 budget review process and then amended down by $444,776 to $96,603,056 following the Q2 budget review. As part of the Q3 budget review total income has been further reduced by $677,468 to $95,925,588. The major items behind this variation include: Increased Revenue

Interest on investments increased by $85,000 to $2,484,000 due to better returns on investments than originally forecasted.

Fees from hoardings & construction up by $165,000 to $758,912. Income from outdoor seating up $53,000 to $733,000. Additional $103,000 of revenue from filming and events at Bondi Beach.

Decreased Revenue

During the Q1 budget review parking fine revenue was reduced by $179,985 from $10,799,985 to $10,620,000 and was again reduced as part of the Q2 budget process by $900,000 to a forecast $9,720,000. Further monitoring and analysis has resulted in a proposed further reduction in fines of $454,000 to $9,266,000.

Parking meter income is forecast to be lower by $250,000 to $6,880,600. Fee income from Mill Hill Child Care Centre has been reduced by $186,480 due to the delay

in the centre’s opening. Section 94 revenue has been reduced by $300,000 from $1,610,000 to $1,310,000. Recovery from insurance claims has been reduced by $100,000 to $75,000. $270,000 reduction in revenue due to delay in proceeds from sale of part of depot land.

5. Operating Expenditure Operating expenditure was forecasted in the original budget to be $86,843,520. This was revised down by $1,495,621 to $85,347,899 during the Q1 budget review and as part of the Q2 budget review was further reduced by $169,365 to $85,178,534. Following the Q3 budget review operating expenditure is forecast to be $84,633,353, a reduction of $545,181. The major items behind this variation include: Increased Expenditure

Increase of $180,000 in legal costs within Compliance to $350,000. Additional expenditure on wages and temporary staff at child care centres $201,500. (This

was an error in the original budget, not an increase in staff.) Corporate legal expenditure increased by $50,000.

Decreased Expenditure

Employee costs reduced by $100,000 due to vacancies in parking services. Reduced expenditure in parking services of $361,540 due to reduced fine processing fees

and abandonment (provision for bad debt). Forecast expenditure reduced by $195,588 at Mill Hill Child Care Centre due to delay in

centre opening. Expenditure on street lighting down by $85,660 to $1,047,000. Expenditure on contractors within Technical Services reduced by $100,000 due to deferral of

asset condition surveys until 2012/13. Delay in recruitment of engineers $100,000 within Technical Services. Reduced expenditure on contract gardeners in parks by $100,000.

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REPORT TO COUNCIL

6. Capital Expenditure Capital Equipment - Plant The following table provides a breakdown of budgeted and actual expenditure on plant and fleet.

Table 2 – Vehicle and Plant Budgeted Expenditure

Adopted Budget

Actual Expenditure Balance

Plant Type Passenger Fleet 651,168 515,929 135,239 Small Plant 95,688 0 95,688 Truck Fleet 542,725 0 542,725 Major Fleet 3,661,069 0 3,661,069 Specialised Equipment 372,259 97,779 274,480

Total 5,322,909 613,708 4,709,201 Expenditure to 31 March 2012 (including commitments) represents 11.5% of the adopted budget. No changes to this forecast budget expenditure are proposed as part of the Q3 review. This matter is under review. Property Acquisitions/Disposals There have been no property acquisitions or disposals during the 3rd quarter. Pending property transactions include:

• sale of the Council Depot, • sale of a portion of the depot (the sliver), • sale of Grafton Lane, • compulsory acquisition of land on Illawong Avenue, and • purchase of a replacement works depot.

Capital Works Program Council’s original adopted 2011/12 Capital Works Budget, per the Delivery Program, was $10,207,264. Following the completion of the 2010/11 financial year, $8,574,441 was carried forward to the 2011/12 budget for funding of incomplete projects, making the total 2011/12 budget for capital works at the beginning of Q1, $18,781,705. During the Q1 review several adjustments to the revised 2011/12 program were approved with the overall 2011/12 Capital Works Program Budget increasing by $1,855,881 to $20,637,586. However, this included the $1,800,000 expenditure for acquisition of the rear of 362 Birrell Street. Amendments to the capital works program in Q2 increased the overall 2011/12 program by $210,000 to $20,847,586. Attachment 3 details the Capital Works Program Budget for 2011/12 together with a Q3 project progress commentary. Q3 Capital Works Budget Review and Adjustments Table 3 below summarises the adjustments made to the 2011/12 Capital Works Program following the third quarter budget review: 127

REPORT TO COUNCIL

Table 3 – Q3 Budget Adjustments 2011/12 Capital Works Program Project Code Project Description Budget

Adjustment New projects included in program Cemetery 06 Urgent repairs to South Head Cemetery retaining wall in

Burge Street, Vaucluse $400,000

T&T 20 Bicycle, Pedestrian and Black Spot Program for Bronte Road at Birrell Street

$157,000

Sub Total $557,000 Project defer to 2012/13 EAP - Residential Transport

Feasibility assessment into the development of a light rail system in Waverley LGA – deferral of some funds to 2012/13 financial year

($50,000)

T&T 18

Undertake traffic and pedestrian counts on Tamarama Marine Drive between Bronte Beach and Tamarama Surf Club and along Bronte Cutting Car Park and the area of Bronte Road from Gardyne Street to the beginning of Macpherson Street to enable application for a local area traffic zone – project to be started in 2012/13 financial year

($20,000)

Tamarama Park 6822

Tamarama Park Land Acquisition – deferral of some funds to 2012/13 financial year

($48,350)

Sub Total ($138,350) Total $438,650 Sources of funding to cover the urgent repairs to the South Head Cemetery retaining wall (Cemetery 06), the new works associated with T&T 20 – Bicycle, Pedestrian and Black Spot Program for Bronte Road at Birrell Street detailed in Table 3 are as follows: Additional funding for new projects

• Cemetery 06 – funding from Cemetery Reserve ($400,000) • T&T 20 – funding from Grants/Contributions ($157,000)

The changes to the 2011/12 Capital Works Program during Q3 are summarised in Table 4 shown below:

Table 4 – Summary of changes to 2011/12 Capital Works Program (including capital costs for land purchase*)

Capital Works Program 2011/12 as per adopted 2010/13 Delivery Program $10,207,264Carry forward of incomplete projects from 2010/11 $8,574,441Revised 2011/12 Capital Works Program Budget $18,781,7051st Quarter Budget Review adjustments to 2011/12 Program $1,855,881Revised 2011/12 Capital Works Program Expenditure Budget $20,637,5862nd Quarter Budget Review adjustment to 2011/12 Program $210,000Current Adopted 2011/12 Capital Works Program Expenditure Budget $20,847,5863rd Quarter Budget Review adjustment to 2011/12 Program $438,650Total Revised 2011/12 Capital Works Program Expenditure Budget $21,286,236

* Birrell Street acquisition At 31 March 2012 expenditure on Council’s Capital Works Program for 2011/12 totalled $11,424,210 which represents 53.7% of the Q3 revised 2011/12 Capital Works Program budget of $21,286,236. 7. Update on Major Capital Works Projects Bondi Park Sustainable Water The Stormwater Harvesting (SWH) scheme is fully operational, harvesting and reusing over 3 million litres of water in the first 8 weeks of operation.

128

REPORT TO COUNCIL

Green Solar group have been engaged to install a 10 kW PV solar system to offset the additional energy load on Council’s corporate energy consumption. The PV system is on track to be completed by June 2012. The new system will generate an average of 37kWh per day which is approximately 50% greater than the energy demand of the SWH scheme. This works to effectively reduce Council’s greenhouse gas emissions and reduce expenditure on electricity at Bondi Pavilion. As of 1 April 2012, total value of variations is $78,000, which is well below project contingency budget of $134,845. Further variations are expected, as the project team is currently in the process of designing an advanced filtration process to improve system operation. Revision of bioretention designs and new landscaping requirements will also require contingency funds. Despite the expectation of additional costs, future variations will not exceed the value of remaining contingency funds. Early Learning and Care Centre The ELCC, now known as the Mill Hill Early Education Centre, is at 80% completion and tracking for construction to be complete in late May with further delays due to rain. Scaffolding has been removed, solar PV and underground water tanks commenced, joinery 95% complete and tiling, plumbing and electrical work ongoing. The project is tracking within budget. Application for the license from the State Government has begun with the interim Occupation Certificate being critical to fast track this process and to ensure there is adequate time for any work to be completed as a result of licensing issues. Staff have been recruited and ordering of equipment has commenced. Communication with families and arrangements for interviews have commenced with the centre expected to be open in Q1 2012-13. Waverley Pavilion Waverley Park Pavilion construction is complete. Further rectification of defects in Q3 included the replacement of soil for the green roof. Additional balustrades are also to be installed on the eastern edge of the green roof. Hard landscaping is complete and soft landscaping which has benefitted from recent rain is 90% complete with trees, minor works and waste area to be finalised. Interim Occupation Certificate has been issued and operational staff have moved in with parks staff. Bookings are being finalised following advertising. Temporary fencing remains in place as the security system (cameras and further shutters) is not yet fully installed though it is hoped that this system can be in for the opening on June 5. The public art work is being constructed and will be installed in early May. Temporary sheds are being relocated in Q4 along with other minor works. The project is still tracking within the revised budget though some variations which may impact the budget are still being negotiated and some defects are yet to be satisfactorily resolved. Arrangements for the opening by Senator Matt Thistlethwaite and the Mayor are being finalised with the Pavilion to be officially known as the Margaret Whitlam Recreation Centre following recent agreement by her family. Funding arrangements for completion of purchase of Birrell Street Councillors may note that purchase of this property was originally intended to be part funded by Section 94 funds. However, as part of the Quarter 3 budget review it is now estimated that Section 94 income will be $300,000 lower than originally projected. The shortfall is being covered by use of reserve funds currently set aside for future Looking Good programs. It is expected that this reserve may be replenished at the year’s end, subject to surplus funds being accumulated from further operational savings.

129

REPORT TO COUNCIL

10. Summary The 2011/12 Q3 budget review has resulted in: a revised year end budget deficit of $17,391 compared to the original budget deficit of $4,294

and $83,432 at Q2. adjustments in capital expenditure resulting in a increase to the capital works program of

$438,650 to $21,286,236 (including Birrell Street land acquisition costs). Year to date expenditure on capital equipment (fleet and plant) of $613,708 or 11.5% of the

forecast full year expenditure of $5,322,909. Year to date capital works expenditure of $11,424,210 or 53.7% of the forecast full year

expenditure of $21,286,236. 11. Timeframe Council is required under the Local Government (Financial Management) Regulations, 1993, Part 2, Clause 9, not later than 2 months after the end of each quarter, to prepare and submit a reviewed budget statement showing, by reference to the estimate of income and expenditure which is set out in the delivery program, a revised estimate of the income and expenditure. Recommendation: That Council: 1. Receive and note this report on the budget review for the 3rd quarter 2011/12. 2. Receive and note the Quarterly Budget Review Statement (QBRS) for the 3rd quarter

2011/12. 3. Vary the allocations to the recurrent and capital works budget in accordance with the review

document. Bronwyn Kelly Director Corporate and Technical Services Authors: Ian Mead, Teena Su and Alan Johnston Attachment 1 3rd Quarter Budget Review Statement (QBRS) Attachment 2 3rd Quarter Budget Review Proposed Amendments Attachment 3 3rd Quarter 2011/12 Capital Works Budget Review

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Attachment 1 - Quarter 3 Budget Review Statement (QBRS)

Waverley Council Quarterly Budget Review Statementfor the period 01/01/12 to 31/03/12

Table of Contents page

1. Responsible Accounting Officer's Statement 1

2. Income & Expenses Budget Review Statement's

- Council Consolidated 2

3. Capital Budget Review Statement 4

4. Cash & Investments Budget Review Statement 6

5. Contracts & Other Expenses Budget Review Statement 8

131



Report by Responsible Accounting Officer

The following statement is made in accordance with Clause 203(2) of the Local Government (General)Regulations 2005:

Page 1

It is my opinion that the Quarterly Budget Review Statement for Waverley Councilfor the quarter ended 31/03/12 indicates that Council’s projected financial position at 30/06/12 will besatisfactory at year end, having regard to the projected estimates of income and expenditureand the original budgeted income and expenditure.

Signed: Date: 5-May-12

Ian MeadResponsible Accounting Officer

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133



Income & Expenses Budget Review StatementRecommended changes to revised budget

Budget Variations being recommended include the following material items:

Notes Details

Bringing to account a small increase in rates revenue.

User Charges and fees have reduced by $179k. The main items which have been adjusted is the delay in opening of the new Early Learning Childcare Centre this Financial year.Along with a reduction of $250k in On-Street parking meter revenue, and increased revenuein the Hoarding & Construction fees by $165k and Outdoor Eating charges increased by $53k, and also increased revenue of $103k from filming and events at Bondi Beach.

Income from Interest and Investments has been increased by $85k due to better returns than anticipated and a larger portfolio being held than forecasted.

Other Revenue have reduced by $510k. The main adjustment is that a reduction of $454,000on parking fine revenue due to less fines being issued than Q2 forecasted, and also $100k reduction in insurance recovery income this financial year.

Operating Grants and Contributions have increased by $395k. Main items are an RTA grantof $157k for the intersection of Bronte Road and Birrell Street under the Bicycle, Pedestrian and Black Spot Program, a $54k contribution received toward to the Waverley Pavilion project, increased Child Care Benefit of $180k (which is offset by a reduction in Child Care Fees).

A reduction in s94 revenue by $300k, but increased on housing contribution income of $90k.

Expected sale of part of depot land for $270k has been delayed to 2012/13.

Employee costs have been reduced by $445k. The main adjustment is $139k due to the delay in opening the new Early Learning Childcare Centre together with $100k due to delay in recruitment of Traffic Engineer and $100k in Parking Services.

Materials & Contracts have been reduced by $106k. The main adjustment that it is the reduction of $100k in gardening contractor.

$218k primarily due to increased legal expenditure in Compliance of $180k.

Bring to account increased consultants expenditure.

The Other Expenses budget has been reduced by $230k. This is due mainly to a lowerabandonment (provision for bad debt) expense of $187k due to a reduction in parking fine revenue, and $85k lower than anticipated street lighting expenses.

9

10

11

12

5.

8

1.

2.

3.

4.

6

7

Page 3134

Atta

chm

ent 1

- Q

uart

er 3

Bud

get R

evie

w S

tate

men

t (Q

BR

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Bud

get R

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w S

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r th

e pe

riod

01/0

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to 3

1/03

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Cap

ital B

udge

t Rev

iew

Sta

tem

ent

Bud

get r

evie

w fo

r th

e qu

arte

r en

ded

31 M

arch

201

2C

apita

l Bud

get -

Cou

ncil

Con

solid

ated

Orig

inal

Rev

ised

Var

iatio

nsN

otes

Pro

ject

edA

ctua

l($

000'

s)B

udge

tO

ther

than

Sep

Dec

Bud

get

for

this

Yea

r E

ndY

TD

2011

/12

by a

QB

RS

QB

RS

QB

RS

2011

/12

Mar

Qtr

Res

ult

figur

esC

apita

l Exp

endi

ture

New

Ass

ets

- P

lant

& E

quip

men

t-

-

98

5

69

1,

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-

1,05

4

476

- La

nd &

Bui

ldin

gs3,

185

4,

681

3,

129

-

10,9

95

(48)

1

10,9

47

8,81

3

- S

torm

wat

er &

Dra

inag

e-

95

1,01

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-

1,

108

-

1,10

8

854

- O

ther

Str

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res

-

52

19

8

(1

2)

238

(50)

2

188

4

R

enew

al A

sset

s (R

epla

cem

ent)

- P

lant

& E

quip

men

t3,

761

86

8

-

-

4,

629

-

4,62

9

47

- La

nd &

Bui

ldin

gs94

3

88

1

(4

49)

20

1,39

5

-

1,

395

27

2

-

Roa

ds, B

ridge

s, F

ootp

aths

3,38

7

1,08

4

(436

)

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0

4,

245

13

7

2

& 3

4,38

2

1,57

9

- S

torm

wat

er &

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inag

e53

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53

7

(2

52)

820

-

82

0

82

-

Oth

er S

truc

ture

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1,

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,347

)

(8)

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4

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7

79

Loan

Rep

aym

ents

(P

rinci

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-

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Fur

nitu

re &

Equ

ipm

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368

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8

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Libr

ary

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ourc

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1

-

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0)

221

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T

otal

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ital E

xpen

ditu

re14

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26

9

27

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43

9

27

,559

12

,530

Cap

ital F

undi

ngR

ates

& O

ther

Unt

ied

Fun

ding

1,69

3

-

1,

142

20

0

3,

035

93

5

3,12

8

2,34

3

Cap

ital G

rant

s &

Con

trib

utio

ns1,

215

56

8

1,

119

-

2,90

2

212

33,

114

2,

167

R

eser

ves:

- E

xter

nal R

esrt

ictio

ns/R

eser

ves

2,68

2

2,15

7

(92)

(4

91)

4,25

6

(194

)

5

4,06

2

445

- In

tern

al R

estr

ictio

ns/R

eser

ves

7,26

4

6,59

5

1,40

2

560

15,8

21

598

4 &

516

,419

7,

509

N

ew L

oans

-

-

-

-

-

-

-

-

Rec

eipt

s fr

om S

ale

of A

sset

s-

Pla

nt &

Equ

ipm

ent

713

123

-

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836

-

83

6

66

-

Land

& B

uild

ings

-

-

270

-

27

0

(2

70)

2 &

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O

ther

Fun

ding

- In

tern

al L

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1,00

0

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(1

,000

)

-

-

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T

otal

Cap

ital F

undi

ng14

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9,

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2,

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26

9

27

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43

9

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12

,530

Net

Cap

ital F

undi

ng-

-

-

-

-

-

-

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rove

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es

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s st

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s pa

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get R

evie

w S

tate

men

t (Q

BR

S)

for

the

quar

ter

ende

d 31

/03/

12 a

nd s

houl

d be

rea

d in

con

juct

ion

with

the

tota

l QB

RS

rep

ort

Pag

e 4

135



Capital Budget Review StatementRecommended changes to revised budget

Budget Variations being recommended include the following material items:

Notes Details

To recognise expenses outlays from 10a Illawong Ave compulsory land acquistion is not going to fully incur in the current financial year.

Some capital projects have been deferred to next financial year because of the delay on the sale of Zetland Depot land.

Council resolved to accept an RTA grant to undertake work at intersection of Bronte Road andBirrell Street under the Bicycle, Pedestrian and Black Program in the current financial year.

Council resolved to undertake some urgent repair works on Burge Street retaining wall at South Head Cemetery in the current financial year, funds from Cemetery reserve.

To recognise the switch of funding sources for some capital works projects due to the reduction ins94A contributions and delay on the sale of part of Zetland Depot land,5.

1.

2.

3.

4.

Page 5136

Atta

chm

ent 1

- Q

uart

er 3

Bud

get R

evie

w S

tate

men

t (Q

BR

S)

Wav

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Bud

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w S

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tfo

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01/0

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to 3

1/03

/12

Cas

h &

Inve

stm

ents

Bud

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Bud

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Orig

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1,

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1,

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S

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nexp

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5

(3

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(97)

35

-

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estic

Was

te M

anag

emen

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239

72

1

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7

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y-

200

(200

)

-

-

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61

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ther

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trib

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ns31

4

(1

32)

(1

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-

73

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73

122

Tot

al E

xter

nally

Res

tric

ted

5,57

9

1,26

9

(1,3

22)

(1

06)

5,42

0

96

5,51

6

9,36

0

(1)

Fun

ds th

at m

ust b

e sp

ent f

or a

spe

cific

pur

pose

Inte

rnal

ly R

estr

icte

d (2

)

Pla

nt &

Veh

icle

Rep

lace

men

t1,

296

30

0

(7

05)

-

89

1

-

891

1,30

6

Em

ploy

ee L

eave

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itlem

ents

4,00

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304

-

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4,30

8

-

4,

308

4,

409

C

arry

Ove

r W

orks

33

606

(441

)

-

198

-

19

8

45

2

D

epos

its, R

eten

tions

& B

onds

4,69

6

687

1,00

0

-

6,

383

-

6,38

3

6,38

3

Offi

ce E

quip

men

t26

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35

8

(1

74)

-

44

9

-

449

609

Sal

e of

Pro

pert

ies

-

62

(62)

-

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Insu

ranc

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8

12

-

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200

-

20

0

20

0

P

arki

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eter

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(7

50)

-

2,

459

-

2,45

9

2,45

9

Par

king

- O

ff-S

tree

t2

192

9

-

203

-

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) A

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2

-

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-

25

2

-

252

252

Affo

rdab

le H

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(8

)

11

1

1,

082

1,

082

1,

035

S

ocia

l Hou

sing

127

8

-

30

16

5

16

5

12

9

F

utur

e C

apita

l Wor

ks17

3,

588

(3

,247

)

43

401

401

3,31

3

Une

xpen

ded

Loan

s18

8

-

-

-

18

8

-

188

188

Cem

eter

y F

unds

668

296

104

-

1,

068

(4

00)

668

1,38

2

Inve

stm

ent S

trat

egy

-

3,

547

(3

,547

)

22

22

33

55

1,56

9

Oth

er90

5

90

9

(3

07)

(490

)

1,

017

(3

66)

651

949

Tot

al In

tern

ally

Res

tric

ted

16,9

28

10,8

61

(8

,109

)

(394

)

19

,286

(7

33)

18,5

53

25,5

29

(2)

Fun

ds th

at C

ounc

il ha

s ea

rmar

ked

for

a sp

ecifi

c pu

rpos

e

Unr

estr

icte

d (ie

. ava

ilabl

e af

ter

the

abov

e R

estr

ictio

ns)

-

-

-

-

-

-

-

9,09

3

Tot

al C

ash

& In

vest

men

ts22

,507

12

,130

(9,4

31)

(5

00)

24,7

06

(637

)

24

,069

43

,982

App

rove

d C

hang

es

Thi

s st

atem

ent f

orm

s pa

rt o

f Cou

ncil'

s Q

uart

erly

Bud

get R

evie

w S

tate

men

t (Q

BR

S)

for

the

quar

ter

ende

d 31

/03/

12 a

nd s

houl

d be

rea

d in

con

juct

ion

with

the

tota

l QB

RS

rep

ort

Pag

e 6

137



Cash & Investments Budget Review Statement

Investments

Investments have been invested in accordance with Council's Investment Policy.

Cash

The value of Cash at Bank which has been included in the Cash & Investment Statement totals $43,982,465

This Cash at Bank amount has been reconciled to Council's physical Bank Statements.The date of completion of this bank reconciliation is 10/01/12

Reconciliation Status

The YTD Cash & Investment figure reconciles to the actual balances held as follows:

Cash at Bank (as per bank statements)Investments on Hand

less: Unpresented Chequesadd: Undeposited Funds

less: Identified Deposits (not yet accounted in Ledger)add: Identified Outflows (not yet accounted in Ledger)

less: Unidentified Deposits (not yet actioned)add: Unidentified Outflows (not yet actioned)

Reconciled Cash at Bank & Investments

Balance as per Review Statement:

Difference:

(Require Investigation)

(Require Investigation)

-

(Require Actioning)

(Require Actioning)

18 (1,123)

-

43,982

43,982

$ 000's

-

(Timing Difference)

9,285 36,031

(300) 70

(Timing Difference)

Page 7138

Atta

chm

ent 1

- Q

uart

er 3

Bud

get R

evie

w S

tate

men

t (Q

BR

S)

Wav

erle

y C

ounc

ilQ

uart

erly

Bud

get R

evie

w S

tate

men

tfo

r th

e pe

riod

01/0

1/12

to 3

1/03

/12

Con

trac

ts B

udge

t Rev

iew

Sta

tem

ent

Bud

get r

evie

w fo

r th

e qu

arte

r en

ded

31 M

arch

201

2P

art A

- C

ontr

acts

Lis

ting

- c

ontr

acts

ent

ered

into

dur

ing

the

quar

ter

Con

trac

tS

tart

Dur

atio

nB

udge

ted

Not

es

Con

trac

tor

Con

trac

t det

ail &

pur

pose

Val

ueD

ate

of C

ontr

act

(Y/N

)

Veo

lia E

nviro

nmen

tal S

olut

ions

SS

RO

C D

ry W

aste

Con

trac

t$1

80,0

0020

/02/

123

Yea

rsy

Has

tie S

ervi

ceLi

brar

y A

ir C

ondi

tioni

ng U

nit

$257

,202

06/0

1/12

6 m

onth

sy

Not

es:

1. M

inim

um r

epor

ting

leve

l is

1% o

f est

imat

ed in

com

e fr

om c

ontin

uing

ope

ratio

ns o

f Cou

ncil

or $

50,0

00 -

wha

teve

r is

the

less

er.

2. C

ontr

acts

list

ed a

re th

ose

ente

red

into

dur

ing

the

quar

ter

bein

g re

port

ed a

nd e

xclu

de c

ontr

acto

rs o

n C

ounc

il's

Pre

ferr

ed S

uppl

ier

list.

3. C

ontr

acts

for

empl

oym

ent a

re n

ot r

equi

red

to b

e in

clud

ed.

Thi

s st

atem

ent f

orm

s pa

rt o

f Cou

ncil'

s Q

uart

erly

Bud

get R

evie

w S

tate

men

t (Q

BR

S)

for

the

quar

ter

ende

d 31

/03/

12 a

nd s

houl

d be

rea

d in

con

juct

ion

with

the

tota

l QB

RS

rep

ort

Pag

e 8

139



Cons ultancy & Legal Expenses Budget Review Statement

Consultancy & Legal Expenses Overview

Includedin

Adopted Budget

Expense (Y/N)

Consultancies 1010 - General Managers Office Y 1014 - Internal Audit Y 1018 - Communications, Community Engagement & Public Relations Y 1036 - Citizenship Expenses N 1050 - Bondi Junction Place Manager Y 1100 - Beach Services Admin. Y 1132 - Resident Theatre Group Y 1139 - Xmas & New Years Eve Festival Y 1150 - Bondi Summer Campaign Y 1151 - Sober Santa Y 1152 - Bondi Events N 1153 - New Years - Dudley Page Reserve Y 1487 - Waverley Bushcare Y 1488 - Bronte Gully Bushcare Y 1651 - Burge Street Retaining Wall

# N 1707 - Light Rail Investigation

# N 1713 - Bondi Park Sustainable Water Project

# Y 1729 - Street Tree Inventory

# N 1751 - Waverley Park Pavilion

# N 1783 - Active Recreation

# N 1797 - ELCC Feasibility Works

# Y 1809 - FDC Demolition & Remediation

# Y 1810 - Depot Alternative Site Investigation

# Y 1866 - Waverley Park Pavilion Construction

# Y 1867 - Waverley Pavilion Interpretive Historical Art

# Y 1884 - Stormwater Marks Park

# Y 1894 - Dudley Page Children's Bike Track

# Y 2130 - Community Safety Y 2250 - Intergrated Planning Y 2253 - Youth Services Y 2256 - Civic Pride Y 2257 - Multi Cultural Worker Y 2274 - Community Living Program Y 2277 - Access Committee Y 2400 - Affordable Housing Administration Y 4120 - Planning & Environment Admin. Y 4210 - Building Services Y 4321 - Waste Education Y 4323 - Transport Behaviour Change Y 4330 - Sustainable Schools Program Y 4340 - Environmental Program Management Y 4354 - Water Conservation Y 4355 - Energy Conservation Y 4360 - Community Education Y 4361 - Environmental Action Plan Y 4362 - Coastal Risk Assessment Y

# item is part of a Capital project of which an overall project budget has been included in the original budget to fund this expenditure.

55,000 55,000 49,000

10,000 13,000 6,099 86,669 86,669 85,678

4,307 3,807 - 625 625 625

6,107 6,107 6,107 73,420 93,420 74,750

28,000 28,000 10,000 15,700 15,700 7,500

12,000 12,000 4,164 1,500 1,500 2,484

300 300 - 15,000 15,000 2,365

2,000 2,000 110 3,000 3,000 2,888

3,700 3,700 3,700 10,000 10,000 1,150

2,500 2,500 1,085 13,655 14,655 14,015

- - 25,500 - - 15,150

1,700

- - 8,250

30,000 50,000 62,106 - 3,529

1,849

1,750 115

100,000 50,000 -

300 300 - -

15,000 6,500

- -

28,600 5,000

3,000 10,000

2,000

Q2 Adopted Budget

(Actual Budget)

15,000 6,500 2,000

- 28,600

5,000

10,000 1,040

- 1,100

21,973 1,700

- 21,019

-

YTD Expenditure

(Actual Dollars)

Q3 Projected Budget

(Actual Budget)

-

-

3,000 10,000

2,000 - -

1,700 1,700

18,750 18,750 18,750

(848) 3,000 3,000 - 1,750

14,880 14,880 11,700

50,000 -

- - 1,097

- -

- - 49,830

12,790 12,790

Page 9140





Includedin

Original Budget

Expense (Y/N)

Consultancies (continued) 4550 - Town Planning - Strategic Y 4551 - Town Planning - Assessment Y 4552 - Town Planning - IHAP Y 4600 - Public Works Administration Y 4601 - Economic Development for Villages Y 4605 - Construction Administration Y 4615 - Fleet Safe Programme Y 4619 - Fleet Operation Y 4720 - Waste Services Administration Y 4723 - Recycling Services N 5121 - Library Administration Y 5137 - Literary Award Y 5141 - Library Development Grant Y 5220 - Customer Service Centre Y 6221 - Corporate & Technical Services Y 6421 - Computer Services Y 6521 - Human Resources Y 6522 - Organisational Development Y 6523 - Risk Management Y 6721 - Financial Services Y 6723 - Rates Collection Y 6775 - Technical Services Y 6780 - Parking Meters Y 6785 - Bronte Beach Car Park N 6821 - Property N 6841 - Waverley Child Care Centre N 6893 - Eastgate Car Park Y 6911 - Waverley Cemetery YTotal - Consultancies

Legal Fees 4550 - Town Planning - Strategic Y 4551 - Town Planning - Assessment Y 4555 - Legal Services Y 1014 - Internal Audit Y 1020 - Councillors Expenses Y 1050 - Bondi Junction Place Manager Y 1100 - Beach Services Admin. Y 1121 - Cultural Activities Admin. Y 1150 - Bondi Summer Campaign Y 1706 - Irrigation Landscape Improvement

# N 1810 - Depot Alternative Site Investigation

# N 1866 - Waverley Park Pavilion Construction

# N 2250 - Intergrated Planning Y 2400 - Affordable Housing Administration Y 4450 - Health - 19 Boonara Ave Y 4522 - Regulatory Control Y 4550 - Town Planning - Strategic Y 4551 - Town Planning - Assessment Y 4555 - Legal Services Y

919,873

515,000 2,196

294,091

1,213,212 1,250,712

290 1,310 515,000

2,250 2,250 2,250

10,000 12,509 20,000 35,200 20,418

170,000 350,000 214,020

110,000 68,825

2,015 3,545 3,545

- - 1,332

10,310 9,666

Q2 Adopted Budget

Q3 Projected Budget

YTD Expenditure

(Actual Budget) (Actual Budget) (Actual Dollars)

8,000 8,000 1,272

6,325 6,325 6,325

15,000 15,000 -

2,050 2,560 2,557

3,000 3,000 - 110,000

- - 327

80,000 69,900 80,000 70,000 70,000 66,560

12,750 12,750 2,208 23,297 20,297 1,505

30,200 30,200 - 20,000 20,000 3,712

47,912 47,912 11,213 14,100 14,100 2,536

10,000 10,000 - 10,000 10,000 18,100

- - 7,730

76,000 76,000 39,600 63,000

15,000 15,000 2,800 -

15,500 15,500 1,570

63,000 64,553 22,000 22,000 18,410 10,000 10,000 9,800 30,000 30,000 -

3,000 3,000 - 1,000 1,000 -

10,000

12,500 12,500 3,000 30,000 30,000 63,462

1,200 200

8,060

2,090 2,090 2,091

1,100

10,310

1,720 1,720 1,722

6,000

- 2,000

8,059

- - 2,000 - -

3,100 1,030 1,480

- -

2,000

-

Page 10141





4720 - Waste Services Administration Y 4770 - Commercial Waste Service Y

Includedin

Original Budget

Expense (Y/N)

6221 - Corporate & Technical Services Y 6225 - Insurance/Indemnity Y 6521 - Human Resources Y 6523 - Risk Management Y 6621 - Governance & Integrated Planning N 6723 - Rates Collection N 6780 - Parking Meters Y 6821 - Property Y 6822 - Tamamara Park land Acquisition

# Y 6869 - 1 Bondi Road N 6892 - Hollywood Ave Car Park Y 6893 - Eastgate Car Park Y 6902 - Mill Hill Centre Building Y 6911 - Waverley Cemetery Y 6941 - Bondi Park Pavilion YTotal - Legal Fees

Definition of a consultant:

A consultant is a person or organisation engaged under contract on a temporary basis to providerecommendations or high level specialist or professional advice to assist decision making by management.Generally it is the advisory nature of the work that differentiates a consultant from other contractors.

# item is part of a Capital project of which an overall project budget has been included in the original budget to fund this expenditure.

940 940 942

20,457 50,000 50,000

- 4,290

3,520 3,520 3,520 49,060

10,000 10,000 4,794

49,060 31,919

940 1,290 1,290

1,105,310 1,369,404 769,080 - 1,970 1,968

5,000 50,744 23,550

3,000 3,000 -

6,020 56,970 17,915

(Actual Budget)

3,500 2,500 -

Q1 Adopted Budget

Q2 Projected Budget

YTD Expenditure

4,284

101,480 57,420 1,137

(Actual Budget) (Actual Dollars)

- 1,850

740 210

530 6,850

740 210

525 1,850

740 210

Page 11142

Attachement 2 - 3rd Quarter Budget Review Proposed Amendments

Ledger Cost Account Suffix Revenue Labour Operating Transfer TotalNumber Description Description Expense

1010-357 General Managers Office Recharge Internal Catering 9,000 9,000 1013-301 Graduate Program Wages & Salaries (50,000) (50,000) 1018-524 Communications, Community Engagement & Public RelationsComputer/Laptop Purchases (3,500) (3,500) 1018-526 Communications, Community Engagement & Public RelationsComputer Upgrade (2,000) (2,000) 1018-527 Communications, Community Engagement & Public RelationsComputer Software Licence & Mtce (3,500) (3,500) 1018-535 Communications, Community Engagement & Public RelationsConsultants & Technical Assistance (2,000) (2,000) 1018-593 Communications, Community Engagement & Public RelationsMtce Office Equipment (500) (500) 1018-611 Communications, Community Engagement & Public RelationsMinor Equipment Purchases (2,000) (2,000) 1018-619 Communications, Community Engagement & Public RelationsPhotography & Video (500) (500) 1018-627 Communications, Community Engagement & Public RelationsPrinting External (1,500) (1,500) 1018-657 Communications, Community Engagement & Public RelationsSubscriptions (10,000) (10,000) 6521-461 Human Resources Recruitment Costs 10,000 10,000 6521-503 Human Resources Advertising Staff 23,000 23,000 6521-528 Human Resources Computer Lan/Network Data Charges 46 46 6521-557 Human Resources Equipment Rental (1,000) (1,000) 6521-589 Human Resources Legal Costs (1,000) (1,000) 6521-609 Human Resources Medical Expenses (2,000) (2,000) 6521-611 Human Resources Minor Equipment Purchases (1,000) (1,000) 6521-627 Human Resources Printing External (2,000) (2,000) 6521-649 Human Resources Stationery & Office Supplies (5,000) (5,000) 6522-535 Organisational Development Consultants & Technical Assistance (3,000) (3,000) 6522-627 Organisational Development Printing External 3,000 3,000 6523-301 Risk Management Wages & Salaries (18,046) (18,046) 6523-335 Risk Management Temporary Staff 5,000 5,000 6523-475 Risk Management OH & S Expenses (15,000) (15,000) 6523-527 Risk Management Computer Software Licence & Mtce (5,000) (5,000) 6523-627 Risk Management Printing External (2,500) (2,500) 6523-649 Risk Management Stationery & Office Supplies (1,000) (1,000) 6523-657 Risk Management Subscriptions (3,000) (3,000) 6525-357 Training Recharge Internal Catering 2,550 2,550 6525-648 Training Sustenance Expenses (2,550) (2,550) 6526-301 Pay Office Wages & Salaries (2,500) (2,500) 6526-302 Pay Office Wages & Salaries Casuals 2,500 2,500

General Manager - (68,046) (16,954) - (85,000)

1050-589 Bondi Junction Place Manager Legal Costs 510 510 1100-125 Beach Services Admin. Filming Fees & Charges (48,290) (48,290) 1100-139 Beach Services Admin. Trading Rights (13,290) (13,290) 1100-589 Beach Services Admin. Legal Costs 2,060 2,060 1136-302 Festival of the Winds Wages & Salaries Casuals (9,000) (9,000) 1146-557 South American Festival Equipment Rental 9,000 9,000 1152-138 Bondi Events Rent Ovals, Parks & Open Spaces (41,420) (41,420) 2130-357 Community Safety Recharge Internal Catering 60 60 2130-648 Community Safety Sustenance Expenses (60) (60) 2222-121 Gardiner Child Care Child Care Fees 10,000 10,000 2222-235 Gardiner Child Care Child Care Benefit (10,000) (10,000) 2222-302 Gardiner Child Care Wages & Salaries Casuals 35,000 35,000 2222-335 Gardiner Child Care Temporary Staff 26,500 26,500 2222-521 Gardiner Child Care Cleaning (6,000) (6,000) 2223-121 Waverley Child Care Child Care Fees 40,000 40,000 2223-148 Waverley Child Care Enrolment Fees (1,000) (1,000) 2223-235 Waverley Child Care Child Care Benefit (40,000) (40,000) 2223-301 Waverley Child Care Wages & Salaries 100,000 100,000 2223-302 Waverley Child Care Wages & Salaries Casuals (35,000) (35,000) 2223-335 Waverley Child Care Temporary Staff 25,000 25,000 2223-521 Waverley Child Care Cleaning (7,000) (7,000) 2224-121 Bronte Child Care Child Care Fees 45,000 45,000 2224-209 Bronte Child Care Fund Raising Income (3,000) (3,000) 2224-235 Bronte Child Care Child Care Benefit (45,000) (45,000) 2224-301 Bronte Child Care Wages & Salaries 80,000 80,000 2224-302 Bronte Child Care Wages & Salaries Casuals (20,000) (20,000) 2224-569 Bronte Child Care Fund Raising Expenses 3,000 3,000 2228-235 Family Day Care Child Care Benefit (90,000) (90,000) 2228-571 Family Day Care General Expenses 500 500 2228-611 Family Day Care Minor Equipment Purchases (1,000) (1,000) 2228-649 Family Day Care Stationery & Office Supplies 500 500 2228-659 Family Day Care Subsidy Payments 90,000 90,000 2230-121 Mill Hill Early Education Centre Child Care Fees 186,480 186,480 2230-236 Mill Hill Early Education Centre Salary Grant 3,000 3,000 2230-301 Mill Hill Early Education Centre Wages & Salaries (121,300) (121,300) 2230-302 Mill Hill Early Education Centre Wages & Salaries Casuals (17,600) (17,600) 2230-335 Mill Hill Early Education Centre Temporary Staff (5,000) (5,000) 2230-521 Mill Hill Early Education Centre Cleaning (7,000) (7,000) 2230-525 Mill Hill Early Education Centre Computer Leasing (1,628) (1,628) 2230-527 Mill Hill Early Education Centre Computer Software Licence & Mtce (1,500) (1,500) 2230-528 Mill Hill Early Education Centre Computer Lan/Network Data Charges (700) (700)

Proposed Budget Amendments

Waverley CouncilBudget Review

Summaryfor the year 2011-2012 as at 31 March 2012

143






2230-549 Mill Hill Early Education Centre Educational Expenses (2,000) (2,000) 2230-551 Mill Hill Early Education Centre Electricity Charges (1,200) (1,200) 2230-571 Mill Hill Early Education Centre General Expenses (2,000) (2,000) 2230-597 Mill Hill Early Education Centre Mtce General (2,000) (2,000) 2230-611 Mill Hill Early Education Centre Minor Equipment Purchases (1,000) (1,000) 2230-627 Mill Hill Early Education Centre Printing External (1,050) (1,050) 2230-648 Mill Hill Early Education Centre Sustenance Expenses (4,700) (4,700) 2230-649 Mill Hill Early Education Centre Stationery & Office Supplies (1,000) (1,000) 2230-651 Mill Hill Early Education Centre Stores & Materials (1,500) (1,500) 2230-657 Mill Hill Early Education Centre Subscriptions (1,310) (1,310) 2230-67 Mill Hill Early Education Centre Telephone Mobiles (500) (500) 2230-801 Mill Hill Early Education Centre Loans - Internal (22,600) (22,600) 2244-208 Meals on Wheels Sundry Income (190) (190) 2244-301 Meals on Wheels Wages & Salaries (25,000) (25,000) 2244-302 Meals on Wheels Wages & Salaries Casuals 25,000 25,000 2246-571 Senior Citizens Week General Expenses (415) (415) 2246-624 Senior Citizens Week Promotions & Publicity (2,000) (2,000) 2246-627 Senior Citizens Week Printing External 2,415 2,415 2250-302 Intergrated Planning Wages & Salaries Casuals (5,000) (5,000) 2250-357 Intergrated Planning Recharge Internal Catering 200 200 2250-435 Intergrated Planning Contractors (2,500) (2,500) 2250-535 Intergrated Planning Consultants & Technical Assistance 1,000 1,000 2250-589 Intergrated Planning Legal Costs 1,530 1,530 2250-62 Intergrated Planning Pamphlet Distribution 1,500 1,500 2250-624 Intergrated Planning Promotions & Publicity (2,000) (2,000) 2250-627 Intergrated Planning Printing External 2,000 2,000 2250-648 Intergrated Planning Sustenance Expenses (200) (200) 2252-301 Community Work Co-Ordin. Wages & Salaries 5,000 5,000 2253-302 Youth Services Wages & Salaries Casuals (600) (600) 2253-627 Youth Services Printing External 600 600 5121-521 Library Administration Cleaning (10,000) (10,000) 5121-597 Library Administration Mtce General 10,000 10,000

Recreation, Customer & Community 55,060 11,500 25,742 - 92,302

3420-551 Street Lighting Electricity Charges (85,660) (85,660) 6221-208 Corporate & Technical Services Sundry Income (1,670) (1,670) 6221-533 Corporate & Technical Services Conferences & Seminars 2,270 2,270 6221-589 Corporate & Technical Services Legal Costs (44,060) (44,060) 6221-648 Corporate & Technical Services Sustenance Expenses 1,600 1,600 6221-649 Corporate & Technical Services Stationery & Office Supplies (2,200) (2,200) 6225-213 Insurance/Indemnity Insurance Recovery 100,000 100,000 6421-301 Computer Services Wages & Salaries 65,000 65,000 6621-589 Governance & Integrated Planning Legal Costs 4,290 4,290 6721-111 Financial Services Interest on Investments (85,000) (85,000) 6721-305 Financial Services Wages & Salaries Overtime 20,000 20,000 6721-357 Financial Services Recharge Internal Catering 350 350 6721-649 Financial Services Stationery & Office Supplies (350) (350) 6723-101 Rates Collection Business Rate (12,730) (12,730) 6723-103 Rates Collection Residential Rate 1,030 1,030 6723-533 Rates Collection Conferences & Seminars (1,140) (1,140) 6723-535 Rates Collection Consultants & Technical Assistance (1,000) (1,000) 6723-571 Rates Collection General Expenses 100 100 6723-627 Rates Collection Printing External 1,820 1,820 6723-648 Rates Collection Sustenance Expenses 120 120 6723-678 Rates Collection Travelling/Taxis Expenses 100 100 6724-528 Procurement & Purchasing Computer Lan/Network Data Charges 120 120 6724-534 Procurement & Purchasing Conference/Seminars Travel Expenses 230 230 6724-648 Procurement & Purchasing Sustenance Expenses (100) (100) 6724-670 Procurement & Purchasing Telephone Mobiles (250) (250) 6775-435 Technical Services Contractors (100,000) (100,000) 6780-131 Parking Meters Parking Fees 250,000 250,000 6780-132 Parking Meters Parking Permits (30,000) (30,000) 6780-168 Parking Meters Fines & Costs 454,000 454,000 6780-208 Parking Meters Sundry Income (6,100) (6,100) 6780-301 Parking Meters Wages & Salaries (100,000) (100,000) 6780-420 Parking Meters Abandonment Fines by SDR (187,740) (187,740) 6780-630 Parking Meters Processing Charges (73,800) (73,800) 6821-589 Property Legal Costs 50,950 50,950 6822-227 Tamamara Park land Acquisition Transfer from S94 Contributions 300,000 300,000 6822-230 Tamamara Park Land Acquisition Transfer from Centralised Reserve (50,000) (50,000) 6822-230 Tamamara Park Land Acquisition Transfer from Reserve (359,080) (359,080) 6822-284 Tamamara Park land Acquisition Proceeds from Asset Sales 270,000 270,000 6822-589 Tamamara Park land Acquisition Legal Costs 45,744 45,744 6822-940 Tamamara Park land Acquisition Purchases (94,094) (94,094) 6850-597 95 Carrington Road Mtce General 5,520 5,520 6869-589 1 Bondi Road Legal Costs 530 530

144






6892-589 Hollywood Ave Car Park Legal Costs 5,000 5,000 6908-599 Bondi Beach Compound Mtce - Fire Services 500 500

Corporate and Technical 510,450 (15,000) (151,150) - 344,300

3301-301 Service Plus Wages & Salaries (205,233) (205,233) 3301-435 Service Plus Delivery Program Contractors (100,000) (100,000)

Service Plus - (205,233) (100,000) - (305,233)

3360-505 Cars Abandoned Advertising General 1,000 1,000 4120-301 Planning & Environment Admin. Wages & Salaries (40,000) (40,000) 4210-162 Building Services Building Application Fees 15,000 15,000 4210-186 Building Services Subdivision Fees (15,000) (15,000) 4210-193 Building Services Inspection Fees 10,000 10,000 4214-173 Fire Safety Essential Service Fee (10,000) (10,000) 4340-302 Environmental Program Management Wages & Salaries Casuals (20,000) (20,000) 4340-357 Environmental Program Management Recharge Internal Catering 70 70 4340-435 Environmental Program Management Contractors (707) (707) 4340-525 Environmental Program Management Computer Leasing 107 107 4340-533 Environmental Program Management Conferences & Seminars 500 500 4340-535 Environmental Program Management Consultants & Technical Assistance 20,000 20,000 4340-648 Environmental Program Management Sustenance Expenses (70) (70) 4340-649 Environmental Program Management Stationery & Office Supplies 100 100 4354-535 Water Conservation Consultants & Technical Assistance (500) (500) 4354-621 Water Conservation Postage/Courier Charges 500 500 4360-335 Community Education Temporary Staff 60 60 4360-355 Community Education Recharge Car Parking (60) (60) 4360-435 Community Education Contractors 5,000 5,000 4360-505 Community Education Advertising General 4,000 4,000 4360-535 Community Education Consultants & Technical Assistance 3,000 3,000 4360-549 Community Education Educational Expenses (5,000) (5,000) 4360-627 Community Education Printing External (8,000) (8,000) 4360-649 Community Education Stationery & Office Supplies 1,000 1,000 4450-589 Health - 19 Boonara Ave Legal Costs 15,200 15,200 4520-305 Animal Control Wages & Salaries Overtime 3,000 3,000 4520-571 Animal Control General Expenses (3,000) (3,000) 4520-651 Animal Control Stores & Materials (1,000) (1,000) 4522-168 Regulatory Control Fines & Costs 20,000 20,000 4522-183 Regulatory Control Outdoor Eating (53,000) (53,000) 4522-191 Regulatory Control Hoarding & Construction Fee (165,000) (165,000) 4522-305 Regulatory Control Wages & Salaries Overtime 5,700 5,700 4522-589 Regulatory Control Legal Costs 180,000 180,000 4522-651 Regulatory Control Stores & Materials (1,000) (1,000) 4525-571 Waste Regulation Officer General Expenses (1,000) (1,000) 4525-627 Waste Regulation Officer Printing External (1,500) (1,500) 4525-651 Waste Regulation Officer Stores & Materials (500) (500) 4525-657 Waste Regulation Officer Subscriptions (500) (500) 4525-675 Waste Regulation Officer Personal Protective Equipment and Uniforms (1,000) (1,000) 4550-435 Town Planning - Strategic Contractors 6,000 6,000 4550-526 Town Planning - Strategic Computer Upgrade 2,500 2,500 4550-527 Town Planning - Strategic Computer Software Licence & Mtce 5,600 5,600 4550-589 Town Planning - Strategic Legal Costs 1,020 1,020 4550-603 Town Planning - Strategic Mapping Land Information (14,100) (14,100) 4552-357 Town Planning - IHAP Recharge Internal Catering 1,120 1,120 4552-648 Town Planning - IHAP Sustenance Expenses (1,120) (1,120) 4554-260 Town Planning Developers Contributions Section 94A Contributions 300,000 300,000 4554-270 Town Planning Developers Contributions Housing Contributions (90,000) (90,000) 4554-691 Town Planning Developers Contributions Transfer to Reserve (210,000) (210,000)

Planning & Environmental Services (288,000) (51,300) 507,720 (210,000) (41,580)

1313-231 Bondi Beach Life Guards Apprenticeship Subsidy (1,500) (1,500) 1313-301 Bondi Beach Life Guards Wages & Salaries (80,000) (80,000) 1313-302 Bondi Beach Life Guards Wages & Salaries Casuals 75,000 75,000 1313-335 Bondi Beach Life Guards Temporary Staff 5,000 5,000 1313-435 Bondi Beach Life Guards Contractors 1,500 1,500 1315-485 Bondi Beach Cleaning Waste Bin Purchases (2,000) (2,000) 1315-487 Bondi Beach Cleaning Waste Disposal 2,000 2,000 1420-301 Waverley Park/Oval/Nursery Wages & Salaries (3,000) (3,000) 1420-305 Waverley Park/Oval/Nursery Wages & Salaries Overtime 3,000 3,000 1430-611 Bronte Park Minor Equipment Purchases 1,000 1,000 1430-651 Bronte Park Stores & Materials (1,000) (1,000) 1452-302 Bondi Park Night Cleaning Wages & Salaries Casuals 7,700 7,700

145






1452-305 Bondi Park Night Cleaning Wages & Salaries Overtime (6,900) (6,900) 1452-651 Bondi Park Night Cleaning Stores & Materials (800) (800) 3394-213 Fencing Recoverable Repairs Insurance Recovery (53,150) (53,150) 4770-589 Commercial Waste Service Legal Costs 350 350 6941-589 Bondi Park Pavilion Legal Costs 1,970 1,970

Public Works (54,650) (4,200) 8,020 - (50,830)

1573-227 Roads Avoca Street Transfer from S94 Contributions 160,000 160,000 1573-228 Roads Avoca Street Transfer from SRV Reserve (160,000) (160,000) 1578-227 Roads Cross Street Transfer from S94 Contributions 48,000 48,000 1578-228 Roads Cross Street Transfer from SRV Reserve (48,000) (48,000) 1579-227 Roads Cuthbert Street Transfer from S94 Contributions 38,000 38,000 1579-228 Roads Cuthbert Street Transfer from SRV Reserve (38,000) (38,000) 1580-227 Roads Glenayr Avenue Transfer from S94 Contributions 58,000 58,000 1580-228 Roads Glenayr Avenue Transfer from SRV Reserve (58,000) (58,000) 1584-227 Roads Newland Street Transfer from S94 Contributions 48,000 48,000 1584-228 Roads Newland Street Transfer from SRV Reserve (48,000) (48,000) 1587-227 Roads Reina Street Transfer from S94 Contributions 40,000 40,000 1587-228 Roads Reina Street Transfer from SRV Reserve (38,728) (38,728) 1590-227 Roads Traffic Islands Transfer from S94 Contributions 48,000 48,000 1651-225 Burge Street Retaining Wall Transfer from Cemetery Reserve (400,000) (400,000) 1651-435 Burge Street Retaining Wall Contractors 350,000 350,000 1651-535 Burge Street Retaining Wall Consultants & Technical Assistance 50,000 50,000 1707-230 Light Rail Investigation Transfer from Reserve 50,000 50,000 1707-535 Light Rail Investigation Consultants & Technical Assistance (50,000) (50,000) 1797-223 ELCC Feasibility Works Transfer from Investment Strategy Reserve (20,000) (20,000) 1797-535 ELCC Feasibility Works Consultants & Technical Assistance 20,000 20,000 1866-230 Waverley Park Pavilion Construction Transfer from Reserve 54,702 54,702 1866-261 Waverley Park Pavilion Construction Contributions (54,702) (54,702) 1868-223 ELCC Establishment Transfer from Investment Strategy Reserve 20,000 20,000 1868-571 ELCC Establishment General Expenses (20,000) (20,000) 1898-435 Local Area Traffic Zone Bronte Contractors (20,000) (20,000) 1899-246 Bronte Road TSC Upgrade RTA Grant (157,000) (157,000) 1899-435 Bronte Road TSC Upgrade Contractors 157,000 157,000 3791-227 Footpath Alfred Street Transfer from S94 Contributions (35,000) (35,000) 3791-228 Footpath Alfred Street Transfer from SRV Reserve 35,000 35,000 3792-227 Footpath Andrew Street Transfer from S94 Contributions (15,000) (15,000) 3792-228 Footpath Andrew Street Transfer from SRV Reserve 15,000 15,000 3793-227 Footpath Andrews Avenue Transfer from S94 Contributions (15,000) (15,000) 3793-228 Footpath Andrews Avenue Transfer from SRV Reserve 15,000 15,000 3794-227 Footpath Bondi Road Transfer from S94 Contributions (40,000) (40,000) 3794-228 Footpath Bondi Road Transfer from SRV Reserve 40,000 40,000 3795-227 Footpath Bronte Road Transfer from S94 Contributions (30,000) (30,000) 3795-228 Footpath Bronte Road Transfer from SRV Reserve 30,000 30,000 3796-227 Footpath Cross Street Transfer from S94 Contributions (35,000) (35,000) 3796-228 Footpath Cross Street Transfer from SRV Reserve 35,000 35,000 3797-227 Footpath Denison Street Transfer from S94 Contributions (70,000) (70,000) 3797-228 Footpath Denison Street Transfer from SRV Reserve 70,000 70,000 3798-227 Footpath Diamond Bay Road Transfer from S94 Contributions (15,000) (15,000) 3798-228 Footpath Diamond Bay Road Transfer from SRV Reserve 15,000 15,000 3799-227 Footpath Dudley Street Transfer from S94 Contributions (35,000) (35,000) 3799-228 Footpath Dudley Street Transfer from SRV Reserve 35,000 35,000 3821-227 Kerb & Gutter Strickland Street Transfer from S94 Contributions 85,000 85,000 3821-228 Kerb & Gutter Strickland Street Transfer from SRV Reserve (85,000) (85,000) 3824-227 Kerb & Gutter Warners Avenue South Transfer from S94 Contributions 20,991 20,991 3824-228 Kerb & Gutter Warners Avenue South Transfer from SRV Reserve (20,991) (20,991) 3950-227 Footpath Glenayr Street Transfer from S94 Contributions (55,000) (55,000) 3950-228 Footpath Glenayr Street Transfer from SRV Reserve 55,000 55,000 3951-227 Footpath Grafton Street Transfer from S94 Contributions (25,000) (25,000) 3951-228 Footpath Grafton Street Transfer from SRV Reserve 25,000 25,000 3952-227 Footpath Hall Street Transfer from S94 Contributions (45,000) (45,000) 3952-228 Footpath Hall Street Transfer from SRV Reserve 45,000 45,000 3953-227 Footpath Hardy Street Transfer from S94 Contributions (25,000) (25,000) 3953-228 Footpath Hardy Street Transfer from SRV Reserve 25,000 25,000 3954-227 Footpath Hewlett Street Transfer from S94 Contributions (45,000) (45,000) 3954-228 Footpath Hewlett Street Transfer from SRV Reserve 45,000 45,000 3955-227 Footpath Inverness Street Transfer from S94 Contributions (11,719) (11,719) 3955-228 Footpath Inverness Street Transfer from SRV Reserve 11,719 11,719 3961-227 Footpath Military Rd Stage 2 Transfer from S94 Contributions (49,272) (49,272)

Capital Works (452,298) - 432,298 - (20,000)

(229,438) (332,279) 705,676 (210,000) (66,041)

Brought forward projected result: 83,432

146






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for

sala

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equi

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right

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156

REPORT TO COUNCIL

Rowe Street Bus Rail Interchange Access (A03/1380-03) Report dated 30 April 2012 from the Acting Director, Planning and Environmental Services responding to the Mayoral Minute from 21 February 2012, which requests initial research in relation to establishing a pedestrian link from Oxford Street Mall directly into the Bondi Junction Bus and Rail Interchange. Recommendation: That Council: 1. Receive and note the report from the Acting Director, Planning & Environmental

Services in response to the Mayoral Minute of 21 February 2012. 2. Formally seek advice from the Department of Planning & Infrastructure on the likelihood

of approval for the proposed lease of Rowe Street under Section 149. 3. Subject to the response from the Department of Planning & Infrastructure, prepare


Purpose of Report The purpose of this report is to respond to the Mayoral Minute from 21 February 2012 requesting research be undertaken and advice be provided in relation to the conditional sale or lease of the air rights / stratum over Rowe Street and Grosvenor Lane for the purposes of establishing a potential pedestrian link from Oxford Street Mall to the Bondi Junction Bus and Rail Interchange. Background / Introduction The Mayoral Minute from 21 February 2012 requests the following: “That: 1. Council undertakes all necessary actions including, but not limited to,

document research and property and legal advice regarding the potential conditional sale or lease of the air rights over and / or the sub stratum under Rowe Street and the directly abutting section of Grosvenor Lane with the aim of establishing full and direct access from the Oxford Street Mall to the Bus Rail Interchange. Expenditure for this research and advice be limited to $30,000.

2. Aboriginal issues be included in the research and advice provided to Council. 3. Council investigate the partially completed pedestrian tunnel in the western

region of the Oxford Street Mall from the concourse, and also the potential and costs for Council alone to establish a link from the Oxford Street Mall directly onto the concourse.

4. A report be submitted to Council for consideration by May 2012.”

157

REPORT TO COUNCIL

Conditional Sale or Lease of Air Rights at Rowe Street The following information was prepared by Council’s Divisional Manager, Business, Services and Property, and responds to Item 1 of the Mayoral Minute: “The status of Rowe Street has been confirmed as a public road, much of which consists of the ramp access into the Meriton owned Tiffany building. Meriton has a positive covenant on the Tiffany title to maintain and repair the ramp. Under the Roads Act 1993, Council may lease the airspace/stratum of a road subject to the approval of the Director of Planning (Sec 149), or under Part 4, Division 1 proceed to a formal closure of the road, subject to the approval of the Minister for Lands, and once closed deal with the land (sale, lease etc). Annexed to this report are some relevant provisions of the Roads Act. In either case, the statutory right of access and passage of adjoining landowners cannot be withdrawn unless by consent. Any member of the public may also make a submission on a proposal to close a road and again the test is right of access and freedom of passage. In practical terms for Rowe Street, the easier and quicker process is a Sec 149 lease, which may not exceed 99 years. The lease may contain provisions about the height and depth of the airspace and stratum, rent review periods and generally be consistent with aspects of commercial leasing. The Rowe Street corridor is approximately 300.5m2. Based on a valuation for airspace associated with the Waverley Street Mall, the likely value of the airspace at Rowe Street would be in the order of $2 million. A public Expression of Interest (EOI) process may test the degree of interest from the market for a lease to develop the Rowe Street site. Broad parameters as to Council’s objective and vision, constraints on height and depth, compliance with urban design guidelines, concept principles etc would need to worked up for inclusion in the invitation document. Prior to proceeding to the EOI process, it would be prudent to ascertain the Department of Planning & Infrastructure’s view and likelihood of approval for the proposed lease.” Aboriginal issues Advice was sought from Council’s Multicultural Community Worker who consulted with the La Perouse Local Aboriginal Land Council with regard to the Rowe Street proposal and advised that any works undertaken should be conducted in accordance with the ‘Due Diligence Code of Practice for the Protection of Aboriginal Objects in New South Wales’ as released by the Department of Environment, Climate Change and Water. Grosvenor Lane Stratum Lots There are two existing stratum lots (both known as DP1017003 Part Lot PT201) located at the western and eastern ends of Grosvenor Lane, Bondi Junction. The western stratum lot is located on the corner of Newland Street & Grosvenor Street and adjoins Nos. 400-404 Oxford Street to the south and the eastern stratum lot adjoins Nos. 446-460 Oxford Street to the south (see Attachment 1). Ownership The stratum lots are owned by Rail Corporation NSW and Council as specified in the attached Survey conducted by John B. White Pty Ltd. on 19 June 2001 (see Attachment 2).

158

REPORT TO COUNCIL

In summary, the break-up of ownership has been outlined below: (1) Western Lot Rail Corporation NSW: Air rights above RL 79.24 & under ground rights below a depth of RL 71.58. Council: Stratum between RL 71.58 & RL 79.24. Note: Grosvenor Lane sits at approximately RL 73. (2) Eastern Lot Rail Corporation NSW: Air rights above RL 79.24 & under ground rights below a depth of RL 72.19. Council: Stratum between RL 72.19 & RL 79.24. Note: Grosvenor Lane sits at approximately RL 75. Existing Pedestrian Tunnels & Access Options Existing western tunnel There is an existing partially completed tunnel below street level running from the train concourse that intersects with the north-eastern corner of the western stratum lot. Extension of this tunnel may result in an exit at the corner of Newland Street and Oxford Street. However, as the stratum below RL 72.19 is owned by Rail Corporation NSW any proposal for an extension to this existing tunnel would require their concurrence. Eastern pedestrian link option There is an existing tunnel running from the train concourse that intersects with the middle of the eastern stratum that could provide a future pedestrian connection below Grosvenor Lane from Oxford Street Mall through Nos. 452-460 Oxford Street. Alternatively, there is an opportunity for the construction of a “skywalk” above Grosvenor Lane from Oxford Street Mall through Nos. 452-460 Oxford Street to the Bus Interchange. Refer to Attachment 3 for a simple map illustrating the potential options. Analysis • Financial – Nil • Delivery Program/Operational Plan - This report responds to the following deliverable:

“Improved quality and frequency of public transport in the LGA through working with state government and other agencies”

Consultation - This report has been written in consultation with the Acting Divisional

Manager – Strategic Land Use Planning, Divisional Manager Business, Services & Property and Council’s Multicultural Community Worker.

Timeframe Nil

159

REPORT TO COUNCIL

Recommendation: That Council: 1. Receive and note the report from the Acting Director, Planning & Environmental

Services in response to the Mayoral Minute of 21 February 2012. 2. Formally seek advice from the Department of Planning & Infrastructure on the likelihood

of approval for the proposed lease of Rowe Street under Section 149. 3. Subject to the response from the Department of Planning & Infrastructure, prepare


George Bramis Acting Director, Planning & Environmental Services Author: Dan Starreveld, Strategic Planner

160

4

AT

TA

CH

ME

NT

1 –

Wes

tern

& E

aste

rn s

trat

um lo

ts (

indi

cate

d by

red

& b

lue

hash

ing)

161

ATTACHMENT 2 – SURVEY PLANS OF STRATUM LOTS

162

163

164

165

166

ATTACHMENT 3 – PEDESTRIAN LINK OPTIONS

167

Option 2

Option 1

Legend

Option 3

2a - Tunnel from 452-460 Oxford St to rail interchange

2b - Skywalk to bus interchange

1 - Western tunnel to rail interchange

Waverley LGA boundary

Bus terminals relocated

168

REPORT TO COUNCIL

1

Delegating plan making powers to Councils (A12/0147) Report dated 4 May 2012 from the Acting Director, Planning and Environmental Services outlining the proposed changes to the plan making process for certain local environmental plans. Recommendation: That Council receive and note this report. The purpose of this report is to advise Council of the proposal to provide local Councils with greater powers to approve Local Environmental Plans (LEPs) in certain circumstances. Existing delegations Under Section 59 (2), (3) and (4) of the Environmental Planning & Assessment Act 1979 (EP&A Act), the Minister for Planning & Infrastructure has full authority to make an LEP. It is now proposed to delegate some of the functions within Sections 23 & 59 of the EP&A Act to enable Councils to make an LEP under certain circumstances. Types of LEPs to be delegated The following types of LEP’s will be routinely delegated to Councils to prepare and make following the issue of a Gateway Determination:

• “Mapping alterations/corrections that do not alter strategy endorsed development standards;

• Section 73A matters e.g. amending references to documents/agencies, minor errors and anomalies.

• Reclassifications of land consistent with a strategy/supported by an adopted Open Space study.

• Heritage LEPs supported by an Office of Environment and Heritage endorsed study. • Spot rezoning consistent with an endorsed strategy or surrounding zones or in

accordance with broader Government policy. Delegation of these plans to councils would mean the Department of Planning & infrastructure (DoPI) generally plays no further role in the LEP following the issue of the Gateway Determination.” Issue of proposed delegations All councils will be asked to nominate relevant officers, including the General Manager and strategic planning staff. These delegations will need to be approved by council in accordance with Section 381 of the Local Government Act 1993 (LG Act). Following the approval of the delegations the DoPI will issue a Written Authorisation to Exercise Delegation in respect of any draft LEP. The delegations will need to be regularly reviewed and the DoPI informed of any changes. Reporting Requirements Councils will be required to report to the DoPI on processing times including date of adoption of the draft plan, date of receipt of Gateway Determination and exhibition dates. The main role of the DoPI between the Gateway Determination and the finalisation of the LEP will be purely a monitoring and administrative role to ensure that the LEP is on track to be gazetted within the timeframes set out in the Gateway Determination.

169

REPORT TO COUNCIL

2

Processes Plan Making The DoPI proposes to remove some of its involvement in the process to expedite LEPs that are minor in nature and will not undermine the strategic direction of the council. A diagram of the proposed plan making process is attached to this report (Attachment 1). Independent Reviews The DoPI propose to formalise the existing practice of seeking independent reviews for some rezoning proposals. The two plan making review processes proposed include:

• Pre-gateway reviews – which may be requested by a proponent before a planning proposal has been forwarded for Gateway Determination; and,

• Gateway reviews – which may be requested by a council or proponent following a Gateway Determination, but before community consultation on the planning proposal has commenced.

A diagram of the proposed review processes is attached to this report (Attachment 2). Submission A submission has been prepared in response to the draft Policy Statement which generally supports enabling councils to make LEPs (Attachment 3). The proposed formalisation of independently reviewing planning proposals is considered inappropriate and has not been supported. No rights of review should be available to proponents if the planning proposal is refused by council. ANALYSIS • Financial Nil • Operational Plan 2011-2012 This report responds to the following deliverable:

“Strategic Land Use policies and plans reviewed regularly” contained within Waverley Council Delivery Program 2010-2013 and “Review and where necessary amend Council land use policies and plans in the light of new and amended state and federal government legislation and policies” contained within Waverley Council Operational Plan 2011-2012.

• Consultation This report has been written in consultation with the Acting Divisional

Manager – Strategic Land Use Planning. TIMEFRAME – No timeframes or deadlines have been indicated in the draft Policy Statement. Recommendation: That Council receive and note this report. George Bramis Acting Director - Planning and Environmental Services Report Author: Dan Starreveld, Strategic Planner

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ATTACHMENT 1 PROPOSED PROCESS FOR LOCAL PLAN MAKING

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ATTACHMENT 2 PROPOSED PROCESS FOR REVIEWS

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Attachment B

Proponent may forward planning proposal to Department (within 40

days) & request JRPP to review

For eligible proposals, Department completes report and forwards

planning proposal to JRPP

Where council makes decision not to proceed with rezoning,

proponent must be notified

Gateway

Pre-Gateway Review

Where RPA has not made a decision after 60 days of receiving a

planning proposal with all required documentation attached

JRPP meets with council, Department and proponent as required

Minister determines whether to proceed

further with the planning proposal (and who the

RPA should be)

No

Proponent and Council notified of

the decision & reasons for the

decision

Yes

JRPP advises whether planning proposal should be submitted to

Gateway and forwards advice to Minister

Department checks whether planning

proposal is eligible for review (ie. criteria)

Proponent notified that planning

proposal is not eligible for pre-

Gateway review

No

Yes

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7 / 7

Attachment C

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ATTACHMENT 3 SUBMISSION TO PLAN MAKING PROVISIONS

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REPORT TO COUNCIL

Supplementary Information – Illegal Dumping in Multi Unit Dwellings Education and Enforcement Project (A10/0556) Report dated 5 May 2012 from the Director, Public Works and Services providing results on Waste Compliance activities as supplementary report. Recommendation: That Council receive and note the report from the Director, Public Works and Services. Purpose of Report At the Community, Housing, Environmental Services & Public Works Committee (CHES&PW) held on 1 May 2012, supplementary information was requested on the results of the illegal dumping activities during the Multi Unit Dwellings Education and Enforcement Project. Analysis Council’s Waste Enforcement Officer conducted twice weekly visual audits of Penkivil Street and Ocean Street North during the period of the MUD trial (March– October 2011). The Waste Enforcement Officer walked the length of each street and noted every pile of dumped rubbish. Photos were taken and emailed to the champions of each apartment block. Regular meetings to discuss both waste diversion and illegal dumps were conducted with the champions and supported by weekly emails from the Waste Education Officer. Contact details for the champions are held on file along with minutes from regular meetings held between the Site Champion, Waste & Community Liaison Officers, and the Waste Education Officer. In addition, a weekly ‘Your Call’ collection service was offered to blocks with 26 units or greater free of charge. The Waste Enforcement Officer logged a Service Desk request for each of the piles of dumped rubbish identified with photographs. During the trial period, there were 88 service desk requests submitted by the Waste Enforcement Officer for illegal dumps. In the 6 months prior to the commencement of the MUD Project, there were 9 service desk requests submitted by the Waste Enforcement Officer for illegal dumps, and in the 6 months post project completion there have been 25 service desk requests submitted by the Waste Enforcement Officer for illegal dumps. There were no “clean up” or infringement notices issued for illegal dumps during the MUD Project.

SD reported via Waste Enforcement Officer

0

20

40

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Pre Trial Period Trial Period Post Trial Period

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REPORT TO COUNCIL

Anecdotal evidence, as a result of visual inspections by Council officers, supports the theory of a noticeable improvement within the streetscape of the targeted areas. The majority of residents are content to present only on collection day, resisting the urge to wantonly present their unwanted articles irrespective of the presentation regime. Of course, there are always exceptions to the rule. The enforcement function in regard to this project was not ideal; however, the transfer of the Waste Enforcement Officer position to Public Works and Services will see increased reporting in the “Illegal Dumping in Multi Unit Dwellings Education and Enforcement Project” Stage 2 as follows:

• Number of requests regarding illegal dumping. • Number of illegal dumping requests investigated. • Number of illegal dumping requests collected by Council due to lack of evidence. • Number of “clean up notices” issued. • Number of “clean up notices” waived as a result of the material removed by dumper. • Number of “penalty notices” issued. • Number of “notices to comply” issued. • Number of verbal warnings.

Recommendation: That Council receive and note the report from the Director, Public Works and Services. Mark Wood Director, Public Works and Services

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REPORT TO COUNCIL

Investment Policy (A05/0197) Report dated 4 May from the Director, Corporate & Technical Services following review of the current Investment Policy.

Recommendation: That Council adopt the reviewed Investment Policy. 1. BACKGROUND In May 2007, Council adopted a revised Investment Policy setting the principles and framework for decision making on investment of surplus funds. This revision stemmed from a number of changes that had occurred since the previous revision in May 2002 including: • revisions of legislation and guidelines covering permissible investments by Local

Government; • diversification of products being offered to councils in the investment market; and • adoption of an Investment Strategy which sets the framework for investment decisions to be

made in the next 20 years in relation to key property assets. In developing the revised Investment Policy it was agreed that the policy would be reviewed on an annual basis. In June 2008, a revised Investment Policy was presented to and adopted by Council that incorporated the recommendations of the Review of NSW Local Government Investments (Cole Inquiry Report, April 2008) as it was assumed that these recommendations would form the basis of future Ministerial Guidelines. Indeed this was the case. In June 2009 a review of the Investment Policy indicated a need to recognise that the policy complied with the Revised Ministerial Investment Order Circular No: 08-48 dated 18 August 2008. In May 2010, a review of the Investment Policy resulted in some amendments to the wording surrounding the Commonwealth Governments deposit guarantee “while this deposit guarantee remains in place”. Wording amendments were also required to provide clarification that “Each authorisation requires approval from two Council officers and where the investment is for $3 million and above or 3 years the General Manager must be one of these officers.” This was to better reflect the Delegation of Authority table. In May 2011 the policy review provided for: • removal of reference to the old Code of Accounting Practice to instead reference the new

Code in the Legislation section; • removal of reference to a specific Ministerial Investment Order to instead reference the

prevailing Ministerial Investment Order; • an additional reference to the prevailing Local Government Code of Accounting Practice and

Financial Reporting, Australian Accounting Standards and Division of Local Government Circulars;

• an amendment to the Note to remove reference to the expiry of the Government guarantee which was expected to be reduced from the current $1 million to $250,000 in late 2011. (We are now reverting to let the policy’s own limits determine the level of the investment in products with a particular credit rating or with a particular financial institution.); and

• merging of sections titled Safe Custody Arrangements and Reporting from previous policy to now read Reporting & Reviewing of Investments. (Key elements of these sections were

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REPORT TO COUNCIL

retained in relation to investments being in the name of Waverley Council, requirements to keep a register of all investments, to report on investment performance to Council on a monthly basis, and to obtain documented investment valuations as at 30 June each year.)

2. PURPOSE The purpose of this report is to present to Council the 2012 version of the Investment Policy (see Attachment 1). 3. ANALYSIS Council’s Investment Policy has been reviewed by both Council Officers and our independent investment advisor, Oakvale Capital and no changes to the policy are proposed. A letter from Oakvale Capital, to this effect, is included as an attachment to this report (see Attachment 2).

4. REPORTING FRAMEWORK Council will continue to receive independent advice from and reporting on its portfolio by independent financial advisers, presently Oakvale Capital, and on a monthly basis a report will be submitted to Council detailing the performance of the investment portfolio. 5. COMMENTS The Investment Policy reinforces a prudent investment program through setting parameters in terms of: • limiting exposure based on the credit ratings of different institutions, • limiting exposure through a diversity of institutions, and • limiting exposure to risk arising from the length of term of an investment. Making specific investment selections will be done only after thorough review of the proposed security and following confirmation that the portfolio will continue to comply with Policy limits if the security is added. Once a security is selected it will be continually monitored and reviewed to ensure it continues to meet Council’s risk profile and return expectations. In selecting securities, capacity will be retained to exit the investment prior to maturity to lock in capital gains for Council or should the need arise for cash flow purposes. 6. RECOMMENDATION That Council adopt the reviewed Investment Policy. Bronwyn Kelly Director Corporate & Technical Services Author: Ian Mead Attachment 1 Waverley Council Investment Policy - May 2012 Attachment 2 Oakvale Capital Letter regarding review of Waverley Council’s

Investment Policy

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Investment Policy

AUTHOR: Bronwyn Kelly

DEPARTMENT: Corporate & Technical Services

LAST REVISION: September 2002

DATE REVISED: May 2007

DATE ADOPTED BY EXECUTIVE TEAM:

DATE APPROVED BY COUNCIL:

NEXT REVIEW DATE: May 2008

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Waverley Council Investment Policy May 2007

INVESTMENT POLICY 1. PURPOSE of the POLICY

To comply with Section 11.3.5 of the Local Government Code of Accounting Practice and Financial Reporting which states “Council must maintain an investment policy that complies with the Act and ensures it or its representatives exercise care, diligence and skill that a prudent person would exercise in investing council funds.”

2. OBJECTIVES This policy’s objectives are to provide a framework to help Council optimise its return on investment of surplus funds, in accordance with its prevailing investment strategy, in a prudent and measurable manner, specifically by the: • use of investment types which comply with Legislative and Code requirements; • establishment of risk management guidelines based upon overall credit rating of

the portfolio, exposure limits to individual institutions and term to maturity limits; and • use of appropriate benchmarks for investment performance measurement.

When placing investments, consideration will be made to the time horizons of Council’s liabilities to best match appropriate investments for the funds.

3. GUIDELINES

3.1 LEGISLATION All investments are to be made in accordance with: • Local Government Act 1993 - Section 412 & 625; • Local Government Act 1993 – Order (of the Minister) Circular No: 05/03 dated 23

September 2005; • The Trustee Amendment (Discretionary Investments) Act 1997 – Sections 14A(2),

14C(1) & (2); • Local Government (General) Regulation 2005 – Clause 212. Refer to Schedule 1 for extracts of legislation

3.2 INVESTMENT FRAMEWORK

Investments are to comply with three key criteria relating to: • Portfolio Credit Framework: limits the overall credit exposure of the portfolio; • Counterparty/Institution Credit Framework: limits exposure to individual

institutions based on their credit ratings, and; • Term to Maturity Framework: limits based upon maturity of securities. Percentage limits adopted within each of these frameworks are based upon Council’s average core portfolio balance.

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(a) Portfolio Credit Framework

The maximum available limits in each rating category are as follows:

Portfolio Credit Limits Long Term Credit

Ratings Short Term Credit

Ratings Direct Investments

Maximum Managed Funds

Maximum AAA A-1+ 100% 100% AA A-1 100% 100% A A-2* 30% 60%

BBB* A-3* 20% - Unrated* Unrated* 10% 20%**

Note *: Direct investments below A (Long Term) and A-1 (Short Term) are to be restricted to Authorised Deposit Taking Institutions (ADI’s) such as banks, building societies and credit unions that are regulated by, and subject to the prudential standards of, the Australian Prudential Regulation Authority (APRA).

Note **: The maximum limit for Unrated managed funds that have growth asset exposure (i.e. shares and property) has been amended to 20% (from 40% for Capital Stable-type funds and 10% for Balanced-type funds). Managed funds of this sort are available through the NSW TCorp Hour Glass facility and have been given specific legislative approval.

(b) Counterparty/Institution Credit Framework

Exposure to individual counterparties/financial institutions will be restricted by their credit rating so that single entity exposure is limited, as detailed in the table below:

Individual Counterparty Limits

Long Term Credit Ratings

Short Term Credit Ratings

Direct Investments Maximum

Managed Funds Maximum

AAA A-1+ 25% 50% AA A-1 20% 40% A A-2* 15% 30%

BBB* A-3* 10% - Unrated* Unrated* 5% 10%

Note *: Direct investments below A (Long Term) and A-1 (Short Term) are to be restricted to ADI’s.

• In the event that a credit rating of a security or of the company/body issuing the

security falls below the required minimum, as set out in the Minister’s Order, Council will make all necessary arrangements to withdraw deposits as soon as practical.

(c) Term to Maturity Framework

The investment portfolio is to be invested within the following terms to maturity constraints:

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Term to Maturity Limits Short Term

(0-1 yr) Medium Term (1yr – 3 yrs)

Long Term (3yrs – 10yrs max.)

Maximum 80% 50% 30% Minimum 30% 0% 0%

(d) Performance Benchmarks

The benchmark performance indices for the portfolio is the; UBS Warburg AUD Bank Bill Index.

4. DELEGATION OF AUTHORITY

Depending upon the size of the investment and its maturity profile the following Council officers are approved authorise transactions. Each authorisation requires approval from two Council officers and where the investment is in excess of $3 million or 3 years the General Manager must be one of these officers.

Short Term

(0-1 yr) Medium Term (1 yr – 3 yrs)

Long Term (3 yrs – 10 yrs max.)

$0 - $1m Director C&TS Div Mgr FISS Fin Srv Mgr

Director C&TS Div Mgr FISS Fin Srv Mgr

GM (mandatory) Director C&TS Div Mgr FISS

$1m - $3m Director C&TS Div Mgr FISS Fin Srv Mgr

Director C&TS Div Mgr FISS Fin Srv Mgr


$3m and above GM (mandatory) Director C&TS Div Mgr FISS



5. SAFE CUSTODY ARRANGEMENTS

Where necessary, investments may be held in safe custody on Council’s behalf, as long as the following criteria are met:

Council must retain beneficial ownership of all investments (and investments must be held in Council’s name).

Adequate documentation is provided, verifying the existence of the investments.

The Custodian conducts regular reconciliation of records with relevant registries and/or clearing systems.

The Institution or Custodian recording and holding the assets will be: a) Austraclear or; b) an institution with an investment grade of Standards and Poor’s or equivalent;

or c) an institution with adequate insurance, including professional indemnity

insurance and other insurances considered prudent and appropriate to cover its liabilities under any agreement.

6. REPORTING

A monthly report is to be provided to Council, detailing investment portfolio in terms of performance and counterparty percentage exposure of total portfolio.

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The report should also detail investment income earned versus budget year to date. For audit purposes, certificates must be obtained from the banks / fund managers confirming the amounts of investment held on Council’s behalf at 30th June each year.

7. INVESTMENT POLICY IMPLEMENTATION PLAN

An Investment Policy Implementation Plan will run in conjunction with the investment policy. The Plan will be reviewed annually with quarterly performance reviews and will outline:

• Council’s cash flow expectations; • optimal target allocation of investment types, credit rating exposure, and term to

maturity exposure; • appropriateness of overall investment types for Council’s portfolio; and, • determine the investment portfolio levels for the forthcoming year.

The Investment Policy Implementation Plan will fully comply with legislative requirements and the Investment Policy. From time to time because of the dynamic nature of the portfolio, it is possible that overall term to maturity of asset group profiles may vary above policy limits for short periods. Should this occur it will be reported to the Mayor immediately and to Council within 4 weeks.

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SCHEDULE 1:

Extracts of Legislative Requirements

LOCAL GOVERNMENT ACT 1993 - SECT 412 & 625

Section 412 Accounting Records

(1) A council must keep such accounting records as are necessary to correctly record and explain its financial transactions and its financial position.

(2) In particular, a council must keep its accounting records in a manner and form that

facilitate: (a) the preparation of financial reports that present fairly its financial position and

the results of its operations, and (b) the convenient and proper auditing of those reports.

Section 625 How May Councils Invest?

(1) A council may invest money that is not, for the time being, required by the council for any other purpose. (2) Money may be invested only in a form of investment notified by order of the Minister published in the Gazette. (3) An order of the Minister notifying a form of investment for the purposes of this section must not be made without the approval of the Treasurer. (4) The acquisition, in accordance with section 358, of a controlling interest in a corporation is not an investment for the purposes of this section.

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Investment Guidelines (These were initially introduced in “Forms of Investment - Minister’s Order and Investment Guidelines” Circular to Councils no.00/16 dated 28/3/00. Points below are amended to reflect subsequent repeals/enactments of regulations referred to in the Guidelines).

Councils must comply with clause 212 of the Local Government (General) Regulation

2005 that provides for reporting on council investments by the responsible accounting officer.

The Code of Accounting Practice and Financial Reporting require councils to maintain a

separate record of money it has invested under section 625 of the Act. The record must specify:

(a) the source and the amount of money invested; and (b) particulars of the security or form of investment in which the money is invested; and (c) if appropriate, the rate of interest to be paid, and the amount of money that the council has earned, in respect to the money invested.

A council or entity acting on its behalf should exercise the care, diligence and skill that a

prudent person would exercise in investing council funds. A prudent person is expected to act with considerable duty of care, not as an average person would act, but as a wise, cautious and judicious person would. (Ref: Trustee Amendment (Discretionary Investments) Act 1997 section 14 A (2)).

A council should develop an investment strategy as part of its overall financial plan. The

strategy should, as a minimum consider the desirability of diversifying investments and the nature and risks associated with the investments. (For guidance see: Trustee Amendment (Discretionary Investments) Act 1997 section 14 c (1) “matters to which trustee is to have regard when exercising power of investment”).

A council should at least once in each year, review the performance (individually and as a

whole) of council investments and review its investment strategy. An investment adviser or investment dealer acting on behalf of a council, should be

licensed by the Australian Securities and Investment Commission. Ref: www.asic.gov.au Where a council invests in banks; building societies and credit unions it should know that

these institutions are regulated as authorised deposit taking institutions by the Australian Prudential Regulation Authority (APRA) under the Banking Act 1959 Ref. www.apra.gov.au Note, however, that whilst APRA has power to require financial institutions to observe prudential standards (such as appropriate capitalisation, liquidity and governance) and to intercede if it believes that depositors’, policyholders’ or members’ interests are at risk, it provides no guarantee of the performance of the financial institution.

Credit ratings are a guide or standard for an investor, which indicate the ability of a debt

issuer or debt issue to meet the obligations of repayment of interest and principal. Credit rating agencies such as Moody’s and Standard and Poor’s make these independent assessments based on a certain set of market and non-market information. Ratings in no way guarantee the investment or protect an investor against loss. Prescribed ratings should not be misinterpreted by councils as an implicit guarantee of investments or

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entities that have such ratings. Even given this challenge, ratings provide the best independent information available.

In the event that a credit rating of a security or the credit rating of the company or body

issuing the security falls below the required minimum, as set out in the Minister’s Order, a council must make all the necessary arrangements to withdraw the deposit as soon as practicable.

Note that in choosing a NSW Treasury Corporation hour-glass investment the choice of

the facility should be based on the nature of the underlying commitments for which the council is holding funds. For example, funds required in the short term must be invested with a short-term profile rather than with exposure to more volatile asset classes such as property and shares.

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THE TRUSTEE AMENDMENT (DISCRETIONARY INVESTMENTS) ACT 1997 – SECTIONS 14A(2), 14C (1) & (2) 14A (2) Duties of trustee in respect of power of investment

A trustee must, in exercising a power of investment:

(a) if the trustee’s profession, business or employment is or includes acting as a trustee or investing money on behalf of other persons, exercise the care, diligence and skill that a prudent person engaged in that profession, business or employment would exercise in managing the affairs of other persons, or (b) if the trustee is not engaged in such a profession, business or employment, exercise the care, diligence and skill that a prudent person would exercise in managing the affairs of other persons.

14C Matters to which trustee is to have regard when exercising power of investment

( 1 ) Without limiting the matters that a trustee may take into account when exercising a power of investment, a trustee must, so far as they are appropriate to the circumstances of the trust, if any, have regard to the following matters:

(a) the purposes of the trust and the needs and circumstances of the beneficiaries, (b) the desirability of diversifying trust investments, (c) the nature of, and the risk associated with, existing trust investments and other trust property, (d) the need to maintain the real value of the capital or income of the trust, (e) the risk of capital or income loss or depreciation, (f) the potential for capital appreciation, (g) the likely income return and the timing of income return, (h) the length of the term of the proposed investment, (i) the probable duration of the trust, (j) the liquidity and marketability of the proposed investment during, and on the determination of, the term of the proposed investment,

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(k) the aggregate value of the trust estate, (l) the effect of the proposed investment in relation to the tax liability of the trust, (m) the likelihood of inflation affecting the value of the proposed investment or other trust property, (n) the costs (including commissions, fees, charges and duties payable) of making the proposed investment, (o) the results of a review of existing trust investments in accordance with section 14A (4).

(2) A trustee may, having regard to the size and nature of the trust, do either or both of the following:

(a) obtain and consider independent and impartial advice reasonably required for the investment of trust funds or the management of the investment from a person whom the trustee reasonably believes to be competent to give the advice, (b) pay out of trust funds the reasonable costs of obtaining the advice.

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LOCAL GOVERNMENT (GENERAL) REGULATION 2005 - CLAUSE 212 212 Reports on council investments (1) The responsible accounting officer of a council:

(a) must provide the council with a written report (setting out details of all money that the council has invested under section 625 of the Act) to be presented:

i) if only one ordinary meeting of the council is held in a month, at that meeting, or

(ii) if more than one such meeting is held in a month, at whichever of those meetings the council by resolution determines, and

(b) must include in the report a certificate as to whether or not the investment has been made in accordance with the Act, the regulations and the council's investment policies.

(2) The report must be made up to the last day of the month immediately preceding the meeting. Note. Section 625 of the Act says how a council may invest its surplus funds.

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PERTH HEAD OFFICE Level 3, 50 Colin Street, West Perth, WA 6005 PO Box 645, West Perth, WA 6872 Telephone: 08 94605300 Facsimile: 08 9321 3468 Email: [email protected] www.oakvale.com

SYDNEY OFFICE Level 2, 10 Barrack Street, Sydney, NSW 2000 Telephone: 02 8823 6200 Facsimile: 02 9299 4841 Email: [email protected] www.oakvale.com

FINANCIAL RISK MANAGERS Oakvale Capital Limited ABN 72 009 070 884 AFSL 229842

27 April 2012 Mr Ian Mead Divisional Manager - Finance & Information Systems & Services Waverley Council PO BOX 9 BONDI JUNCTION NSW 1355 Dear Ian, Waverley Council Investment Policy Review

Waverley Council’s Investment Policy is reviewed on an annual basis to ensure ongoing compliance with prevailing legislation and appropriateness for Council’s risk management strategy.

Council’s Investment Policy and was last amended and approved by Council in May 2011 to reflect relevant changes within the Revised Ministerial Investment Order published in February 2011 as part of the DLG’s Circular to Councils 11-01.

Following a recent review of Council’s Investment Policy, Oakvale Capital recommends no amendments to the policy document for this year’s annual review.

It is our opinion that Waverley Council’s Investment Policy remains compliant with prevailing legislation and continues to provide a sound risk management framework for Council’s investment portfolio.

Yours sincerely,��

Erik Gates

Divisional Director Asset Consulting

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__________________________________________________________________________________________This is Page 1 of the Minutes of the Development Control Committee Meeting held on 24 April, 2012. MAYOR

MINUTES OF THE DEVELOPMENT CONTROL COMMITTEE MEETING HELD AT WAVERLEY COUNCIL CHAMBERS ON TUESDAY, 24 APRIL 2012

PRESENT Councillor Main (Chair)

Councillors Betts, Cancian, Clayton, Goltsman, Guttman-Jones, Kanak, Kay, Sloan, Strewe and Wakefield.

At the commencement of proceedings at 7.10pm those present were as listed above with the exception of Cr Sloan who arrived at 7.14pm. D-1204.A LEAVES OF ABSENCE AND APOLOGIES Cr Jackson was previously granted a leave of absence by Council for this meeting. D-1204.DI DECLARATIONS OF INTEREST The Chair called for any Declarations of Interests and the following were received: 1. Crs Betts, Cancian, Clayton, Goltsman, Guttman-Jones, Kanak, Kay, Sloan and Strewe

declared a less than significant non pecuniary interest in Item D-1204.9 – Unit 4, 16 Consett Avenue, Bondi Beach – Modification to change use of upper level from study / attic storage space to kitchen, dining, living, toilet and media room and changes to roof deck and screens and planter (DA272/02/B), and informed the meeting that they know the applicant.

2. Cr Wakefield declared a significant non pecuniary interest in Item D-1204.9 – Unit 4, 16

Consett Avenue, Bondi Beach – Modification to change use of upper level from study / attic storage space to kitchen, dining, living, toilet and media room and changes to roof deck and screens and planter (DA272/02/B), and informed the meeting that he knows the applicant and that he will not be present in the Chamber during the discussion and vote on this item.

3. Cr Kanak declared a less than significant non pecuniary interest in Item D-1204.12 –

66 The Avenue, Rose Bay – Section 96 modification to delete Condition 2(a), and seek consent for a hard stand at the front of the site (DA 326/2011/A), and informed the meeting that he knows the applicant’s father through the Bondi Lions.

4. Cr Kanak declared a significant non pecuniary interest in Item D-1204.14 – 134-138

Campbell Parade, Bondi Beach – Change of use from art gallery to a retail liquor store (DA621/2011), and informed the meeting that he lives in close proximity to the property and that he will not be present in the Chamber during the discussion and vote on this item.

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__________________________________________________________________________________________This is Page 2 of the Minutes of the Development Control Committee Meeting held on 24 April 2012. MAYOR

Development Control Committee – 24 April 2012. Page 35 5. Cr Kanak declared a less than significant non pecuniary interest in Item D-1204.15 –

146-148 Campbell Parade, Bondi Beach – Demolition of an existing two (2) storey mixed use building and construction of a four (4) storey mixed use building with associated car parking (DA 57/2010), and informed the meeting that he lives in close proximity to the property.

6. Cr Kay declared a pecuniary interest in Item D-1204.7 – 53 Glenayr Avenue, North

Bondi – Renovation and strata subdivision of four units to an existing two storey residential flat building (DA 605/2011), and informed the meeting that he shares a property boundary with the subject site and that he will not be present in the Chamber during the discussion and vote on this item.

D-1204.1 310-330 Oxford Street, Bondi Junction – Modification to add two (2) additional storeys to an approved multi storey mixed commercial / residential development (DA 598/2008/E) Report dated 21 March 2012 from the Development and Building Unit. MOTION / DECISION (Sloan / Kay) That the application be deferred to the next Council Inspection Meeting scheduled to be held on Saturday, 5 May 2012. Division For the Motion: Cr Betts, Clayton, Goltsman, Guttman-Jones, Kay, Sloan, Strewe and

Wakefield. Against the Motion: Crs Cancian Kanak and Main. D-1204.2 5 Dudley Street, Bondi – Review of determination to allow parking provision of a hardstand at front of semi-detached dwelling and the removal of a street tree (DA 339/2011/1) Cr Betts was not present in the Chamber during the discussion and vote on this item. Report dated 14 March 2012 from the Development and Building Unit. MOTION / DECISION (Cancian / Main) That the application be refused in accordance with the reasons contained in this report. Division For the Motion: Cr Cancian, Clayton, Goltsman, Guttman-Jones, Kanak, Kay, Main,

Strewe and Wakefield. Against the Motion: Cr Sloan.

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Development Control Committee – 24 April 2012. Page 36 D-1204.3 24 Dickson Street, Bronte – Alterations and additions to the existing dwelling house (DA 336/2011) Report dated 29 March 2012 from the Development and Building Unit. MOTION / DECISION (Betts / Sloan) That the application be approved in accordance with the conditions contained in this report, subject to the following amendments and additional conditions: 1. The following additional paragraph be added to the end of Condition 17:

“The two proposed 200 litre replacement trees indicated in the amended Landscape Plan be moved 1 metre to the north due to the location of the sewer at the southern boundary unless this conflicts with the last sentence of Condition 17, in which case Condition 17 will apply in regard to this matter.”

2. The third paragraph of Condition 18 be amended to read as follows:

“Proposed replacement planting on the site satisfies Council’s Policy to maintain and increase tree cover in the Council Area. All replacement trees are to be local native trees and shall be maintained until they attain a mature height of a least four (4) metres, whereby they will be protected by Council’s Tree Preservation Order.”

3. The following sentence be added to Condition 18:

“The proposed replacement trees are to be purchased and stored at a nursery prior to the issue of a Construction Certificate.”

4. The site be landscaped and turfed in accordance with the approved landscape plan,

with landscape works to be completed prior to the issue of an Occupation Certificate. 5. The applicant’s arborist inspect the olive tree on the boundary and advise what actions

are required to be taken during construction in order to protect the tree. AMENDMENT (Cancian / Wakefield) That the rear setback of the extension is increased by 2 metres. THE AMENDMENT WAS PUT AND DECLARED LOST Division For the Amendment: Crs Cancian, Kanak, Main and Wakefield. Against the Amendment: Crs Betts, Clayton, Goltsman, Guttman-Jones, Kay, Sloan and

Strewe. THE MOTION WAS PUT AND DECLARED CARRIED.

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Development Control Committee – 24 April 2012. Page 37 Division For the Motion: Crs Betts, Clayton, Goltsman, Guttman-Jones, Kay, Sloan, Strewe

and Wakefield. Against the Motion: Crs Cancian, Kanak and Main. L Ford and A Miranda (Objectors), and P Lyon (on behalf of the Applicant) addressed the meeting. D-1204.4 25 Kenilworth Street, Bondi Junction – Alterations and additions including a first floor addition to terrace dwelling (DA 421/2011) Report dated 28 March 2012 from the Development and Building Unit. MOTION / UNANIMOUS DECISION (Kay / Strewe) That: 1. The application be deferred to the next Council Inspection Meeting scheduled to be

held on Saturday, 5 May 2012. 2. In the interim, Council officers examine the validity of issues relating to levels as raised

by the objector. Division For the Motion: Crs Betts, Cancian, Clayton, Goltsman, Guttman-Jones, Kanak, Kay,

Main, Sloan, Strewe and Wakefield. Against the Motion: Nil. D-1204.5 1 Ocean Street, Bondi – Alterations and additions to construct a two storey detached granny flat and a new double garage to heritage item (DA 354/2011) Report dated 28 March 2012 from the Development and Building Unit. MOTION / DECISION (Wakefield / Kay) That the application be deferred to the next Council Inspection Meeting scheduled to be held on Saturday, 5 May 2012. Division For the Motion: Crs Betts, Clayton, Goltsman, Guttman-Jones, Kay, Main, Strewe and

Wakefield. Against the Motion: Crs Cancian, Kanak Sloan and Main.

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Development Control Committee – 24 April 2012. Page 38 D-1204.6 44 Hall Street, Bondi Beach – Shop fit out – change of use – and associated signage for restaurant (DA 452/2011) Report dated 16 April 2012 from the Development and Building Unit. MOTION / DECISION (Clayton / Goltsman) That the application be approved in accordance with the conditions contained in this report subject to the following amendments and additional conditions: 1. Condition 2 – Hours of Operation be amended to read as follows:

“The hours of operation of the shop or premises being restricted to between 11am to 11pm Mondays to Sundays inclusive.”

2. Condition 4 – Limit on Seating Numbers be amended to read as follows:

“Seating accommodation within the premises is to be limited to a maximum of 46 diners in accordance with the consent for the use of the premises and be in general conformity with the seating plan.”

3. Condition 8 – UV System be amended to read as follows:

“Full details of the UV system to be provided and approved to the satisfaction Council’s Director – Planning and Environmental Services, prior to installation as well as certifying that all smells (including odours and effluent) will be eradicated prior to emission into atmosphere. Details of the maintenance and cleaning regime are to be included in these details which are to be submitted to Council.”

4. Condition 9 – Odour Analysis be amended to read as follows:

A detailed odour analysis is required to be carried out by a suitable qualified person at two (2) monthly intervals for a period of 6 months following installation of the system and lodged with Council’s Divisional Manager, Compliance. The applicant is required to comply with all recommendations of this odour specialist.

5. Condition 15 – Delivery of Goods be amended to read as follows:

“Loading and unloading of vehicles and delivery of goods to the land shall at all times be carried out within the site. Deliveries shall occur between the hours of 6.30am and 8.00am on any day to ensure minimal disturbances to traffic flow on Hall Street.”

6. Condition 17 – Liquor Service be amended to read as follows:

“No liquor may be served on the premises except with the approval of the relevant authority and only when served with, or ancillary to a proper meal.”

7. An additional condition – Patron Behaviour be included to read as follows:

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“The Management shall ensure that the behaviour of patrons entering and leaving the premises does not detrimentally affect the amenity of the neighbourhood. In this regard, the management shall be responsible for the control of noise and litter generated by patrons of the premises and shall ensure that patrons leave the vicinity of the premises in an orderly manner to the satisfaction of Council. If so directed by Council, the Management is to employ private security staff to ensure that this condition is complied with.”

8. The rear courtyard is not to be used by patrons in any regard. 9. The rear courtyard is not to be used by staff for recreational purposes prior to 10.00am

or after 9.00pm. 10. The bin enclosure be acoustically treated and structured to the satisfaction of Council’s

Director, Planning and Environmental Services. 11. Protrusible waste may be deposited in the waste bins up to 11.00pm, however,

recycling is not to be done between the hours of 9.00pm and 7.00am. 12. Waste bins be taken out for collection no later than 10.00pm. Division For the Motion: Crs Betts, Clayton, Goltsman, Guttman-Jones, Kay, and Sloan. Against the Motion: Crs Cancian, Kanak, Main, Strewe and Wakefield. W Stimson (on behalf of the Applicant) addressed the meeting. D-1204.7 53 Glenayr Avenue, North Bondi – Renovation and strata subdivision of four units to an existing two storey residential flat building (DA 605/2011) Cr Kay declared a pecuniary interest in this item and informed the meeting that he shares a property boundary with the subject site.. Cr Kay was not present in the Chamber during the discussion and vote on this item. Report dated 16 April 2012 from the Development and Building Unit. MOTION / DECISION (Sloan / Main) That the application be approved in accordance with the conditions contained in this report. Division For the Motion: Crs Betts, Clayton, Goltsman, Guttman-Jones, Main, Sloan and

Wakefield. Against the Motion: Crs Cancian, Kanak and Strewe.

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Development Control Committee – 24 April 2012. Page 40 D-1204.8 15 Kenneth Street, Tamarama – Modification to development consent including varying building design and reducing the number of units from 4 to 3 (DA 331/2008/B) Report dated 13 April 2012 from the Development and Building Unit. MOTION / DECISION (Kay / Sloan) That the application be approved in accordance with the conditions contained in this report subject to the provision of a front boundary fence and pedestrian gate to a maximum height of 1.2 metres. Division For the Motion: Crs Betts, Clayton, Goltsman, Guttman-Jones, Kay, Sloan and

Wakefield. Against the Motion: Crs Cancian, Kanak, Main and Strewe. V Bland (Applicant) and B Meyerson (on behalf of the Applicant) addressed the meeting. D-1204.9 Unit 4, 16 Consett Avenue, Bondi Beach – Modification to change use of upper level from study / attic storage space to kitchen, dining, living, toilet and media room, and changes to roof deck and screens and planter (DA 272/02/B) Crs Betts, Cancian, Clayton, Kanak, Goltsman, Guttman-Jones, Kay, Main, Sloan and Strewe declared a less than significant non pecuniary interest in this item and informed the meeting that they know the applicant. Cr Wakefield declared a significant non pecuniary interest in this item and informed the meeting that he knows the applicant. Cr Wakefield and Cr Strewe were not present in the Chamber during the discussion and vote on this item. Report dated 25 November 2011, and subsequently amended 11 April 2012, from the Development and Building Unit. MOTION / DECISION (Sloan / Cancian) The application be deferred to the next Council Inspection Meeting scheduled to be held on Saturday, 5 May 2012. Division For the Motion: Crs Cancian, Kanak, Guttman-Jones, Main and Sloan. Against the Motion: Crs Betts, Clayton, Goltsman and Kay. P. Paech (Applicant) and J Fowler (on behalf of the Applicant) addressed the meeting.

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Development Control Committee – 24 April 2012. Page 41 D-1204.10 4 Lola Road, Dover Heights – Demolition of existing dwelling and construction of a two storey dwelling with double garage and new swimming pool (DA 543/2011) Report dated 16 April 2012 from the Development and Building Unit. MOTION / UNANIMOUS DECISION (Betts/ Goltsman) That the application be deferred to the next Council Inspection Meeting scheduled to be held on Saturday, 5 May 2012. Division For the Motion: Crs Betts, Cancian, Clayton, Goltsman, Guttman-Jones, Kanak, Kay,

Main, Sloan, Strewe and Wakefield. Against the Motion: Nil. D-1204.11 61-79 Hall Street, Bondi Beach – Stratum subdivision of land into 3 lots (DA 02/2012) Report dated 16 April 2012 from the Development and Building Unit. MOTION / DECISION (Clayton / Kay) That the application be approved in accordance with the conditions contained in this report. Division For the Motion: Crs Betts, Clayton, Goltsman, Guttman-Jones, Kay, Main, Sloan,

Strewe and Wakefield. Against the Motion: Crs Cancian and Kanak. D-1204.12 66 The Avenue, Rose Bay – Section 96 modification to delete Condition 2(a), and seek consent for a hard stand at the front of the site (DA 326/2011/A) Cr Kanak declared a less than significant non pecuniary interest in this item and informed the meeting that he knows the applicant’s father through the Bondi Lions. Report dated 16 April 2012 from the Development and Building Unit. MOTION / DECISION (Goltsman / Guttman-Jones) That the application be approved in accordance with the conditions contained in this report subject to the addition of Council’s standard condition relating to the installation of automatic gates.

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Development Control Committee – 24 April 2012. Page 42 Division For the Motion: Crs Betts, Clayton, Goltsman, Guttman-Jones, Kay and Strewe. Against the Motion: Cancian, Kanak, Main, Sloan and Wakefield. F Ereira (Applicant) addressed the meeting. D-1204.13 133-141 Glenayr Avenue, Bondi Beach – Modification to extend trading hours of convenience store to 12 midnight (DA 41/2003/A) Report dated 16 April 2012 from the Development and Building Unit. MOTION / UNANIMOUS DECISION (Clayton / Kay) That the application be approved in accordance with the conditions contained in this report subject to the trial period being extended to three (3) years. Division For the Motion: Crs Betts, Cancian, Clayton, Goltsman, Guttman-Jones, Kanak, Kay,

Main, Sloan, Strewe and Wakefield. Against the Motion: Nil. V Brunninghausen and L Kulakauskas (Objectors) addressed the meeting. D-1204.14 134-138 Campbell Parade, Bondi Beach – Change of use from art gallery to a retail liquor store (DA 621/2011) Cr Kanak declared a significant non pecuniary interest in this item and informed the meeting that he lives in close proximity to the property. Cr Kanak was not present in the Chamber during the discussion and vote on this item. Report dated 16 April 2012 from the Development and Building Unit. MOTION / UNANIMOUS DECISION (Wakefield / Sloan) That the application be refused for the following reasons: 1. The development is not in the public interest. 2. The incapacity of the road network, particularly the rear lane, to handle the unloading

requirements which will restrict access to a public laneway. 3. The submissions made by the Commander of Police, Eastern Suburbs Local Area

Command, together with the following secondary material:

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Development Control Committee – 24 April 2012. Page 43

Based on the NSW Bureau of Crime Statistics and Research, and the Foundation for Alcohol Research and Education, the proposal is not in the public interest for the following reasons:

(a). Waverley has risen from 25 to 18 in the Local Government Area rankings for

liquor offences. (b). 76% of Australians believe that Australia has a problem with excess drinking or

alcohol abuse.

(c). 75% of Australians believe that more needs to be done to reduce the harm caused by alcohol related illness, injury, death and related issues with people thinking that governments (54%), alcohol companies (68%), and clubs and pubs (64%) are not doing enough to address these harms.

Division For the Motion: Crs Betts, Cancian, Clayton, Goltsman, Guttman-Jones, Kay, Main,

Sloan, Strewe and Wakefield. Against the Motion: Nil. D-1204.15 146-148 Campbell Parade, Bondi Beach – Demolition of an existing two (2) storey mixed use building and construction of a four (4) storey mixed use building with associated car parking (DA 57/2010) Cr Kanak declared a less than significant non pecuniary interest in this item and informed the meeting that he lives in close proximity to the property. Report dated 16 April 2012 from the Development and Building Unit. MOTION / DECISION (Clayton / Kay) That the application be approved in accordance with the conditions contained in this report subject to the following amendment and additional conditions: 1. The building height to the street alignment is to align with the lowest part of the

neighbouring parapet, not the boundary decorative pediment. 2. The lift overrun be no higher than one metre, and there be no other plant or services on

the roof. 3. Allowances be made, during the construction period, for mechanical ventilation from

the retail to the roof to the satisfaction of Council’s Director, Planning and Environmental Services. Mechanical ventilation, if not internalised in the building, be designed to be sculptural and integrated into the design of the roof.

4. Detail drawings of the design of sculptured bays to be provided to the satisfaction of

Council’s Director, Planning and Environment Services.

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Development Control Committee – 24 April 2012. Page 44 Division For the Motion: Crs Betts, Clayton, Goltsman, Guttman-Jones, Kay, Main, Sloan,

Strewe and Wakefield. Against the Motion: Cancian and Kanak. A Tzannes (on behalf of the Applicant) addressed the meeting. D-1204.16 39 Hall Street, Bondi Beach – Modify and/or delete conditions of consent increasing patron numbers, extending hours of operation, and allowing for seating within the alcove to the front of the property (DA 250/2011/B) Cr Strewe did not vote on this item. Report dated 16 April 2012 from the Development and Building Unit. MOTION / DECISION (Clayton / Goltsman) That the application be approved in accordance with the conditions contained in this report subject to the following amendments and additional conditions: 1. The alcove area be designated a no smoking area, and that Council’s standard clause

relating to no smoking be included in the approval. 2. Condition 57 be amended to read as follows:

“No liquor may be served on the premises except with the approval of the relevant authority and only when served with, or ancillary to a proper meal.”

3. Condition 58 be amended to read as follows:

“Patrons shall be seated when consuming liquor that must be served ancillary to a proper meal. “

4. Condition 59 be amended to read as follows:

“The consumption of liquor on the footpath shall only occur in accordance with and within the area of a valid outdoor seating consent approved by Waverley Council. This condition in no way approves or implies that footpath seating will be provided and is subject to a separate application.”

Division For the Motion: Crs Betts, Cancian, Clayton, Goltsman, Guttman-Jones, Kay, Main,

Sloan and Wakefield. Against the Motion: Cancian and Kanak. B Carroll (on behalf of the Applicant) addressed the meeting.

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Development Control Committee – 24 April 2012. Page 45 D-1204.17 49 Hall Street, Bondi – Substantial alterations and additions to an existing mixed use building including refurbishment, additional level, rear extension and change of use into a Boarding House containing 31 rooms (DA 598/2010) Report dated 16 April 2012 from the Development and Building Unit. MOTION / DECISION (Clayton / Kay) That the application be approved in accordance with the conditions contained in this report subject to the following amendment and additional conditions: 1. Condition 6 (a) be deleted and replaced with the following:

“All mechanical plant, equipment, condensers, fans and the like are to be acoustically treated in accordance with the provisions contained in the Building Code of Australia.”

2. An additional clause be included in Condition 7 to read as follows:

“The communal room and laundry be closed between 9.30pm and 6.00am each day.”

3. An additional clause be included in Condition 90 to read as follows:

“The Operator to submit copies of leases to Council’s Divisional Manager, Compliance every twelve months.”

Division For the Motion: Crs Betts, Clayton, Goltsman, Guttman-Jones, Kay, Main, Strewe and

Wakefield. Against the Motion: Cancian, Kanak and Sloan. G Shields and N Cooney (on behalf of the Applicant) addressed the meeting. D-1204.18 7 Brighton Boulevard, Bondi Beach – Strata subdivision of six units to an existing two storey residential flat building (DA 498/2011) Report dated 16 April 2012 from the Development and Building Unit. MOTION / DECISION (Clayton / Goltsman) That the application be approved in accordance with the conditions contained in this report. Division For the Motion: Crs Betts, Clayton, Goltsman, Guttman-Jones, Kay, Sloan and

Wakefield. Against the Motion: Crs Cancian, Kanak, Main and Strewe.

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Development Control Committee – 24 April 2012. Page 46 D-1204.RM SUBMISSION OF RESCISSION MOTIONS Note from the General Manager: Rescission motions must be submitted to the General Manager or, in the absence of the General Manager, a member of Council's Governance Unit and announced before the close of the meeting. The date and time of receipt will be noted on all rescission motions. Rescission motions received before 10am on the next working day following the meeting will stay action to implement Council's decision until the rescission motion has been determined. This is in line with section 372 of the Local Government Act and Council's Code of Meeting Practice. Rescission motions received after 10am on the next working day following the meeting may not stay action on implementing Council's decision. Rescission motions will generally be dealt with at the next Council meeting. The Chair called for the submission of any rescission motions and none were received. THE MEETING CLOSED AT 10.10PM SIGNED & CONFIRMED MAYOR 15 MAY 2012

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This is Page 1 of the Minutes of the Finance, Ethics & Strategic Planning Committee Meeting held on Tuesday, 1 May 2012.

MAYOR

MINUTES OF THE FINANCE, ETHICS & STRATEGIC PLANNING COMMITTEE MEETING HELD AT WAVERLEY COUNCIL CHAMBERS ON TUESDAY, 1 MAY 2012

VOTING MEMBERS PRESENT

Councillor Jackson (Chair) Crs Cancian, Kay and Main.

Also Present: Crs Clayton, Goltsman, Guttman-Jones and Kanak. At the commencement of proceedings at 7.31pm those present were as listed above. F-1205.A Leaves of Absence and Apologies Apologies were received and accepted from Crs Betts, Sloan, Strewe and Wakefield. F-1205.DI Declarations of Interest The Chair asked for Declarations of Interest and none were received. F-1205.1 Investment Portfolio Reporting (A03/2211) Report dated 19 April 2012 from the Director, Corporate and Technical Services providing an update on the performance of Council’s investment portfolio for the 2011/12 financial year to 31 March 2012. MOTION / UNANIMOUS DECISION (Cancian / Main) That Council: 1. Receive and note this report. 2. Note that all investments have been made in accordance with the requirements of

section 625 of the Local Government Act 1993 and directions from the Minister for Local Government, including Ministerial Investment Orders and Council’s Investment Policy.

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MAYOR

F-1205.2 May 2012 Information Bulletin Reports were provided in the May 2012 Information Bulletin distributed separately with the Agenda. MOTION / UNANIMOUS DECISION (Cancian / Main) That the May 2012 Information Bulletin be received and noted. F-1205.3 Review of off leash dog exercise areas – Community Consultation (A11/0440-02) Report dated 20 April 2012 from the Acting Director, Recreation, Customer and Community Services about the results of community consultations on proposed additional off leash dog exercise areas in parks. MOTION / RECOMMENDATION (Jackson / Main) That Council: 1. Receive and note this report.

2. Note the community feedback as summarised in this report and as per the table

attached to this report. 3. Endorse implementation of designated off leash dog exercise areas as proposed in

Hugh Bamford Reserve, Dickson Park and Waverley Park, with a review to be conducted after 12 months.

4. As an alternative to Tamarama Gully, reconsider Marks Park. 5. Endorse a community education strategy involving appropriate signage and

information dissemination, including ranger interactions with dog owners. F-1205.4 Bondi Park and Pavilion Plan of Management (A12/0054) Report dated 20 April 2012 from the Acting Director, Recreation, Customer and Community Services updating Council on cost estimates for the delivery of the Bondi Park and Pavilion Plan of Management (PoM). MOTION / RECOMMENDATION (Jackson / Cancian) That Council:

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MAYOR

1. Receive and note this report. 2. Note the financial implications and cost estimates received as a result of the

preliminary Expression of Interest process. 3. Endorse the delivery of the Bondi Park Plan of Management using a combination of in-

house expertise and consultants’ input, provided Council adopts the draft budget and proposed 2012-13 allocation of $100,000 for the Bondi Park Plan of Management.

F-1205.5 Exhibition of Draft Arts Plus Plan (A06/0195) Report dated 18 April 2012 from the Acting Director, Recreation, Customer and Community Services about the exhibition of the draft Arts Plus Plan. MOTION / RECOMMENDATION (Cancian / Jackson) That Council endorse the draft Arts Plus Plan for public exhibition to seek community comment. F-1205.RM SUBMISSION OF RESCISSION MOTIONS Note from the General Manager: Rescission motions must be submitted to the General Manager, or in the absence of the General Manager a member of Council’s Governance Unit, and announced before the close of the meeting. The date and time of receipt will be noted on all rescission motions. Rescission motions received before 10am on the next working day following the meeting will stay action to implement Council’s decision until the rescission motion has been determined. This is in line with section 372 of the Local Government Act and Council’s Code of Meeting Practice. Rescission motions received after 10am on the next working day following the meeting may not stay action on implementing Council’s decision. Rescission motions will generally be dealt with at the next Council meeting. The Chair called for the submission of any rescission motions and none were received. THE MEETING CLOSED AT 7.47PM.

SIGNED AND CONFIRMED MAYOR

15 MAY 2012

211

This is Page 1 of the Minutes of the Community, Housing, Environmental Services & Public Works Committee Meeting held on Tuesday, 1 May 2012.

MAYOR

MINUTES OF THE COMMUNITY, HOUSING, ENVIRONMENTAL SERVICES & PUBLIC WORKS COMMITTEE MEETING HELD AT WAVERLEY COUNCIL CHAMBERS ON TUESDAY, 1 MAY 2012

VOTING MEMBERS PRESENT

Cr Cancian (Chair) Crs Clayton, Goltsman, Guttman-Jones, Kanak and Main.

Also Present: Cr Kay. At the commencement of proceedings at 8.00pm those present were as listed above. C-1205.A Apologies Apologies were received and accepted from Crs Strewe and Wakefield. C-1205.DI Declarations of Interest The Chair asked for Declarations of Interest and none were received. C-1205.1 Graffiti Management – Status Report (A05/1643 and A06/0541) Report dated 29 March 2012 from the Director, Public Works and Services regarding the annual status of Council’s Graffiti Management Policy. MOTION / UNANIMOUS DECISION (Clayton / Guttman-Jones) That Council receive and note this report from the Director, Public Works and Services on the annual status of the Graffiti Management Policy.

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MAYOR

C-1205.2 Waverley Surf Life Saving Club Committee (A07/0046) Report dated 23 April 2012 from the Director, Public Works & Services regarding the Waverley Surf Life Saving Club Committee meeting held on 16 April 2012. MOTION / UNANIMOUS DECISION (Clayton / Main) That Council receive and note this report. C-1205.3 Illegal Dumping in Multi Unit Dwellings Education and Enforcement Project (A10/0556) Report dated 7 April 2012 from the Director, Public Works and Services about the illegal dumping in multi unit dwellings education and enforcement project. MOTION / RECOMMENDATION (Clayton / Kanak) That Council: 1. Receive and note this report from the Director, Public Works and Services. 2. Agree to continue the Multi Unit Dwelling (MUD) Education Program as part of

Waverley Council’s waste education strategy. C-1205.RM SUBMISSION OF RESCISSION MOTIONS Note from the General Manager: Rescission motions must be submitted to the General Manager, or in the absence of the General Manager a member of Council’s Governance Unit, and announced before the close of the meeting. The date and time of receipt will be noted on all rescission motion. Rescission motions received before 10am on the next working day following the meeting will stay action to implement Council’s decision until the rescission motion has been determined. This is in line with section 372 of the Local Government Act and Council’s Code of Meeting Practice. Rescission motions received after 10am on the next working day following the meeting may not stay action on implementing Council’s decision. Rescission motions will generally be dealt with at the next Council meeting.

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MAYOR

The Chair called for the submission of any rescission motions and none were received. THE MEETING CLOSED AT 8.28PM. SIGNED AND CONFIRMED MAYOR 15 MAY 2012

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Minutes of the Waverley Traffic Committee Meeting – Thursday, 26 April 2012 1

MINUTES OF THE WAVERLEY TRAFFIC COMMITTEE MEETING HELD AT THE WAVERLEY COUNCIL CHAMBERS ON THURSDAY, 26 APRIL 2012

Voting Members Present: Cr T Kay Waverley Council (Chair) Mr S Ison Representing Bruce Notley-Smith, MP, Member for Coogee Sgt M Leary NSW Police – Traffic Services, Eastern Suburbs Local Area Command Mr J Morrison Representing Gabrielle Upton, MP, Member for Vaucluse Mr N Prasad Roads and Maritime Services – Traffic Management (South) Also Present: Mr G Garnsey Waverley Council – Manager, Transport & Development Mr G Holding Waverley Council – Senior Traffic Engineer, Technical Services Mr D Joannides Waverley Council – Divisional Manager, Technical Services Mr M Kayello Roads and Maritime Service – Traffic Management (South) Ms Q Liu Waverley Council – Traffic Engineer Mr S Samadian Waverley Council – Professional Engineer, Technical Services Administrative Support: Ms S Colt Waverley Council – Secretary / Governance & Integrated Planning

Officer Mr C Jones Waverley Council – Governance & Integrated Planning Officer At the commencement of proceedings at 10.00am those present were as listed above. At 10.02am, prior to consideration of Item WTC-1204.AM, Cr Kay relinquished the Chair and the Divisional Manager, Technical Services assumed the Chair. At 10.05am, after consideration of Item WTC-1204.AM, the Divisional Manager, Technical Services relinquished the Chair and Cr Kay assumed the Chair. WTC-1204.A Apologies Apologies were received and accepted from Cr Wakefield and Mr E Graham.

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WTC-1204.DI Declarations of Interest The Chair called for Declarations of Interest and the following was received: 1. Cr Kay declared a pecuniary interest in Item WTC-1204.AM – Adoption of Previous

Minutes by Council – 22 March 2012 in relation to Item WTC-1203.TEAL1 – Ramsgate Avenue, North Bondi – Installation of Construction Zone (A03/2514-03) of those minutes and informed the Committee that his parents-in-law have property in an adjoining building and that he will be leaving the chamber during the discussion and vote on this item.

WTC-1204.AM Adoption of Previous Minutes by Council – 22 March 2012 The recommendations contained in Part 1 – Matters Proposing That Council Exercise Its Delegated Functions – of the Minutes of the Waverley Traffic Committee meeting held on 22 March 2012 were adopted by Council at its meeting on 17 April 2012, subject to the following changes: 1. Waverley Traffic Committee Meeting – 22 March 2012 – Clause WTC-1203.C2 – Rawson

Lane, Queens Park and Lawson Lane, Bondi Junction – Parking Opposite Driveways (A02/0637-02).

Council resolved that the recommendation of the Waverley Traffic Committee not be adopted and that: (a). The matter be referred back to the Waverley Traffic Committee to allow further

consultation with the residents. (b). Adjacent residents be formally notified of the proposed changes.

2. Waverley Traffic Committee Meeting – 22 March 2012 – Clause WTC-1203.L1 –

Ramsgate Avenue, North Bondi – Installation of Construction Zone (A03/2514-03)

Council resolved that the recommendation of the Waverley Traffic Committee be adopted subject to the recommendation being amended to read as follows:

(a). A 17.5m long ‘No Parking 9am – 4pm Mon – Fri Council Authorised Vehicles

Excepted’ zone be installed in Ramsgate Avenue, North Bondi outside 101 Ramsgate Avenue for a period of 6 months.

(b). A 3m wide clearance in the split road area of Ramsgate Avenue be maintained at all

times. Council’s Proposal: That the Committee receive and note this information. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That Council’s proposal be supported.

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PART 1 – MATTERS PROPOSING THAT COUNCIL EXERCISE ITS DELEGATED FUNCTIONS

NOTE: The matters listed under this part of the Agenda propose that Council either does or does not exercise the traffic related functions delegated to it by the RTA. The recommendations made by the Committee in this part of the Agenda will be submitted to Council for adoption. WTC-1204.C STATE ELECTORATE OF COOGEE WTC-1204.C1 Rear Car Park of Council Chambers – Installation of temporary Disability Parking Space (A02/0273-02) Report dated 11 April 2012 from the Divisional Manager, Technical Services about the provision of a temporary ‘2P Disability Only’ space in the rear car park of Council Chambers during the pre-poll period for the upcoming Local Government Elections. Council’s Proposal: That Council install a temporary ‘2P Disability Only’ space east of the rear entry to Council Chambers on the northern side of the car park between Monday, 27 August and Saturday, 8 September 2012, currently signposted ‘No Parking 8am-6pm Mon-Fri Council Permit Holders Excepted’. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That Council’s proposal not be supported and that the matter be deferred to the May Waverley Traffic Committee meeting in order to allow the Roads and Maritime Services representative to investigate the current standards for Disabled Parking signage. WTC-1204.C2 Grosvenor Lane, Bondi Junction – Kerb realignment and installation of Raised Pedestrian Threshold (A03/0042-04) Report dated 16 April, 2012 from the Divisional Manager, Technical Services about the proposed installation of a raised pedestrian threshold and associated kerb realignment in Grosvenor Lane, Bondi Junction. Council’s Proposal: That Council: 1. Approve the works in Grosvenor Lane, Bondi Junction as shown in drawing IE03-Issue 03

prepared by Meinhardt, dated 21 October 2011 and attached to this report. 2. Approve the installation of signs for a ‘No Stopping’ zone to be installed along the full

length of the new kerb on the southern side of Grosvenor Lane, Bondi Junction. 3. Requires the works to comply with the Bondi Junction Centre – Public Domain Technical

Manual, and be at the builder’s / developer’s expense. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That Council’s proposal be supported subject to Clause 2 being amended to read as follows:

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“Approve the installation of signs for a ‘No Stopping’ zone to be installed along the full length of the new kerb on the southern side of Grosvenor Lane extending as far as the western edge of the driveway of 466-472 Oxford Street, Bondi Junction.” WTC-1204.C3 York Road, Queens Park – Review of installation of ‘No Parking’ zone (A02/0273-02) Report dated 16 April 2012 from the Divisional Manager, Technical Services to review the installation of a ‘No Parking’ zone in York Road, Queens Park. Council’s Proposal: That Council: 1. Receive and note the report. 2. Consider the residents’ requests to remove the recently installed 6m of ‘No Parking’ in

York Road outside the frontage of 51 York Road, Queens Park. 3. Install ‘Slippery When Wet’ [W5-20 & W8-7] signs for southbound vehicles in York Road,

Queens Park approaching the bend north of Ashton Street. 4. Install ‘Slippery When Wet’ [W5-20 & W8-7] signs for eastbound vehicles in York Road,

Queens Park approaching the bend east of Baronga Avenue. 5. Proceed with a survey of residents in York Road to ascertain the level of support for

Residential Preferential Parking Scheme parking restrictions only once a petition has been received.

WTC RECOMMENDATION (UNANIMOUS SUPPORT): That Council’s proposal be supported subject to Clause 2 being deleted and replaced with the following: “Defer consideration of removing the recently installed 6m of ‘No Parking’ in York Road, Queens Park outside the frontage of 51 York Road until Council officers make contact with the resident / owner of the property.” WTC-1204.C4 Victoria Street Car Park, Waverley – Installation of ‘No Parking’ zone (A02/0637-02) Report dated 16 April 2012 from the Divisional Manager, Technical Services about rear access to the Bronte Post Office from the Victoria Street Car Cark, Waverley. Council’s Proposal: That Council install one space of ‘No Parking’ in the Victoria Street Car Park, Waverley at the rear of the Waverley Post Office. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That Council’s proposal be supported.

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WTC-1204.C5 Dickson Street, Bronte – Installation of ‘No Stopping’ zones (A02/0637-02) Report dated 13 April 2012 from the Divisional Manager, Technical Services about installing ‘No Stopping’ signs to improve sight distance at the intersection of Dickson Street, Bronte at Dickson Lane, and along the eastern side of Dickson Street, Bronte north of Dickson Lane. Council’s Proposal: That Council: 1. Install 10m of ‘No Stopping’:

(a) On the northern side of Dickson Lane, Bronte east of Dickson Street.

(b) On the eastern side of Dickson Street, Bronte south of Dickson Lane. 2. Replace the existing ‘No Parking’ on the eastern side of Dickson Street, Bronte between

Birrell Street and Dickson Lane with ‘No Stopping’. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That Council’s proposal be supported subject to the addition of Clause 1 (c) as follows: 1. On the western side of Dickson Street, from Birrell Street to Dickson Lane in alignment

with the southern side of Dickson Lane. WTC-1204.C6 Tasman Street and Fletcher Street, Bondi – Installation of Disability Parking zone (A02/0273-02) Report dated 16 April 2012 from the Divisional Manager, Technical Services about the provision of ‘Disability Only’ parking in Tasman Street and Fletcher Street, Bondi. Council’s Proposal: That Council: 1. Install 6m of ‘P Disability Only’ in Tasman Street outside the frontage of 31 Tasman Street,

Bondi. 2. Install 6m of ‘P Disability Only’ in Fletcher Street outside the frontage of 22 Fletcher Street,

Bondi. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That Council’s proposal be supported.

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WTC-1204.V STATE ELECTORATE OF VAUCLUSE WTC-1204.V1 Military Road, Vaucluse – Installation of ‘No Parking’ zone (A02/0637-02) Report dated 16 March 2012 from the Divisional Manager, Technical Services about the installation of a ‘No Parking’ zone in Military Road, Vaucluse at the Kimberley Reserve entrance to help Council Parks Maintenance vehicle access. Council’s Proposal: That Council install 8.8 metres of ‘No Parking’ along the northern side of Military Road, Vaucluse starting from the existing ‘Bus Zone’ (L) sign and terminating immediately east of the layback at the Kimberley Reserve entrance. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That Council’s proposal not be supported and be replaced with the following: “That the existing ‘Bus Zone’ (L) signage be relocated approximately 8.8m to the east so that it is positioned immediately to the east of the Kimberley Reserve accessway layback.” WTC-1204.V2 Edward Lane, Bondi – Installation of ‘No Parking’ zones (A02/063702) Report dated 4 April 2012 from the Divisional Manager, Technical Services about the installation of ‘No Parking’ in Edward Lane, Bondi. Council’s Proposal: That Council: 1. Retain, on a permanent basis, the temporarily installed ‘No Parking’ at the northern end of

Edward Lane, Bondi as approved at the June 2011 Waverley Traffic Committee meeting. 2. Install ‘No Parking’ on both sides of Edward Lane, Bondi at the southern end. 3. Install 10m of ‘No Stopping’ on both sides of Edward Lane, Bondi north of Rockley Street. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That Council’s proposal be supported. WTC-1204.V3 Cox Avenue, Bondi Beach – Installation of Motor Bike Parking (A02/0637-02) Report dated 16 March 2012 from the Divisional Manager, Technical Services detailing a proposal for a ‘P Motor Bikes Only’ zone to be provided at a short section of kerb between two driveways in Cox Avenue, Bondi Beach. Council’s Proposal: That: 1. A 3m full-time ‘P Motor Bikes Only’ zone be installed between the driveways of 18 and 20

Cox Avenue, Bondi Beach. 2. The existing ‘No Parking’ (R) east of the driveway to 18 Cox Avenue be relocated to the

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west end of the proposed motorbike parking zone. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That Council’s proposal be supported. WTC-1204.V4 Military Road, Dover Heights – Proposed BB Dividing Lines (A03/0042-04) Report dated 16 April 2012 from the Divisional Manager, Technical Services about the installation of BB lines on Military Road, Dover Heights at the intersection of Wentworth Street to improve safety. Council’s Proposal: That Council install BB lines in Military Road, Dover Heights at the intersection of Wentworth Street as per the plan attached to this report. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That Council’s proposal be supported. WTC-1204.Z ELECTORATES OF COOGEE AND VAUCLUSE WTC-1204.Z1 Campbell Street, Waverley and Watkins Street, Bondi – Removal of Disability Parking Zone (A02/0273-02) Report dated 16 April 2012 from the Divisional Manager, Technical Services about the removal of the existing ‘P Disability Only’ zones in Watkins Street, Bondi and Campbell Street, Waverley. Council’s Proposal: That Council remove the existing ‘P Disability Only’ in: 1. Campbell Street, Waverley outside the frontage of 10 Campbell Street and reinstate ‘2P

8am-6pm Mon-Fri Permit Holders Excepted Area 25’. 2. Watkins Street, Bondi outside the frontage of 14 Watkins Street and reinstate unrestricted

parking. WTC RECOMMENDATION (UNANIMOUS SUPPORT): That Council’s proposal be supported. WTC-1204.L ITEMS WITHOUT NOTICE

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Inspection Minutes - 14 April 2012 - Waverley Council...the appointment or election of the...

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