ordinary meeting of council to be held on tuesday, 26 april 2005 at ...

Ordinary Meeting <strong>of</strong> Council - 26 April 2005 9 / 5
Item 9
DA1081/04
24 March 2005
Documents for execution by the owners and Council have <strong>be</strong>en reviewed by Fox & Staniland acting
on Council’s <strong>be</strong>half. Both the extinguishment <strong>of</strong> the existing easement and creation is <strong>to</strong> <strong>be</strong> sought
using Section 88B <strong>of</strong> the Conveyencing Act 1919, which is considered satisfac<strong>to</strong>ry. The terms
under this Instrument are favoured such that it remains a Council easement.
The s<strong>to</strong>rmwater plan report No X04389-01 dated Decem<strong>be</strong>r 2004, prepared by Brown Consulting
(NWS) Pty Ltd has addressed s<strong>to</strong>rmwater management on the site that reduces flooding impacts on
downstream properties. For both 5 and 100 year ARI’s and for all s<strong>to</strong>rm durations, the developed
system produces lower flow rates due <strong>to</strong> the proposed arrangement <strong>of</strong> rainwater tanks, s<strong>to</strong>rmwater
tanks and OSD s<strong>to</strong>rages. Design <strong>of</strong> the s<strong>to</strong>rmwater requirements was undertaken in accordance
with the Council’s Water Management Development Control Plan No 47.
The consultant has proposed two connections in<strong>to</strong> the Council pipeline which is considered
satisfac<strong>to</strong>ry.
RECOMMENDATION
A. That Council grants approval <strong>to</strong> alter the terms <strong>of</strong> the Council easements burdening 5,
7 and 9 Rhonda Close as well as 17 and 19 Gilda Avenue <strong>to</strong> allow the surface, ro<strong>of</strong>
and s<strong>to</strong>rmwaters from, Lot B in DP301211, Lots 1 and 2 in DP 614137, Lots 1 and 2
in DP 228983, Lot X in DP 401889, Lot B in DP 390737 and Lot B in DP 334713,
known as 1580 - 1596 Pacific Highway in<strong>to</strong> the Council pipeline.
B. The two connections <strong>be</strong> formalised by the creation <strong>of</strong> easements 1.83 metres wide <strong>to</strong>
drain water pursuant <strong>to</strong> Section 88B <strong>of</strong> the Conveyencing Act 1919 over 5, 7 and 9
Rhonda Close as well as 17 and 19 Gilda Avenue, Wahroonga at the applicant’s cost.
C. That authority <strong>be</strong> given <strong>to</strong> affix the common Seal <strong>of</strong> the Council <strong>to</strong> appropriate
instrument for the release and creation <strong>of</strong> the easement.
D. That altering the terms <strong>of</strong> the easements <strong>be</strong> carried out by the applicant’s solici<strong>to</strong>rs and
the payment <strong>of</strong> <strong>council</strong>’s legal costs and disbursements <strong>be</strong> paid by the applicant.
E. That the direct connections <strong>to</strong> the <strong>council</strong> pipeline <strong>be</strong> undertaken in accordance with
Council plan No 82-024.
Ian Taylor
Manager Support Services
Greg Piconi
Direc<strong>to</strong>r Technical Services
Attachments:
1. Location plan for drainage and easement.
2.Plan <strong>of</strong> S<strong>to</strong>rmwater management measures
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