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

Ordinary Meeting <strong>of</strong> Council - 26 April 2005 21 / 35
26 <strong>to</strong> 30 Marian Street, Killara
Item 21
DA1243/04
18 April 2005
PUBLIC INTEREST
The approval <strong>of</strong> the application is considered <strong>to</strong> <strong>be</strong> in the in the public interest.
ANY OTHER RELEVANT MATTERS CONSIDERATIONS NOT ALREADY ADDRESSED
There are no other matters for discussion.
CONCLUSION
Having regard <strong>to</strong> the provisions <strong>of</strong> section 79C <strong>of</strong> the Environmental Planning and Assessment Act
1979, the proposed development is considered <strong>to</strong> <strong>be</strong> satisfac<strong>to</strong>ry. Therefore, it is recommended that
the application <strong>be</strong> approved.
RECOMMENDATION
Pursuant <strong>to</strong> Section 80(1) <strong>of</strong> the Environmental Planning and Assessment Act, 1979
THAT the Council, as the consent authority, grant development consent <strong>to</strong> DA 1243/04 for the
demolition <strong>of</strong> three (3) residential dwellings and construction <strong>of</strong> a five (5) s<strong>to</strong>rey residential flat
building containing twenty seven (27) units and basement car parking for sixty one (61) vehicles on
land at 26-30 Marian Street, Killara, on a Deferred Commencement basis, for a period <strong>of</strong> two (2)
years from the date <strong>of</strong> the Notice <strong>of</strong> Determination subject <strong>to</strong> the following conditions:
SCHEDULE A
1. In order <strong>to</strong> activate the consent, the Applicant shall obtain a resolution from Ku-ring-gai
Council that it will consent <strong>to</strong> the extinguishment <strong>of</strong> the existing Council easement(s) for
drainage which currently burden the subject property. As the easement for drainage will no
longer <strong>be</strong> required over the subject site (pipes are <strong>to</strong> <strong>be</strong> re-diverted in the frontage road
reserve), approval is not required <strong>to</strong> re-create easements for drainage on the subject property.
Councils Technical Services department will <strong>be</strong> responsible for preparing the necessary report
<strong>to</strong> Council regarding the extinguishment <strong>of</strong> the existing easement burdening the site, subject
<strong>to</strong> payment <strong>of</strong> the adopted fee for the preparation <strong>of</strong> such reports.
NOTE:
NOTE:
The matters referred <strong>to</strong> in Schedule A must <strong>be</strong> completed <strong>to</strong> Council's satisfaction
within TWO YEARS from the date <strong>of</strong> this Deferred Commencement Approval
<strong>be</strong>fore the Consent operates.
It is the applicant's responsibility <strong>to</strong> check the title <strong>of</strong> the subject land <strong>to</strong> establish
if the application is affected by any easements, covenants or restrictions on the use
<strong>of</strong> the land that may affect the proposed structure.
THIS CONSENT will <strong>be</strong> ISSUED SUBJECT TO CONDITIONS OF APPROVAL as
specified hereunder in Schedule B.
This permit shall <strong>be</strong> read in conjunction with the approved plans and specifications.
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