Lane Cove Council

 

 

 

 

 

Ordinary Council

 

 

 

AGENDA

 

 

 

DATE OF MEETING:          16 July 2007

 

LOCATION:                          Council Chambers

 

TIME:                                     6.30pm.  Note. If members of the public are not interested in any business recommended by the General Manager to be considered in Closed Session or there is no such business, Council will ordinarily commence consideration of all other business at 7pm.

 

 

 

 

 

 

 

 

Meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under section 12(6) of the Local Government Act, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

Lane Cove Council business papers and minutes are available on Council’s website www.lanecove.nsw.gov.au.

 


ORDINARY COUNCIL

 

16 JULY 2007

 

 

 

ITEM                                                  REPORT CONTENT                                                PAGE

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

MATTERS RECOMMENDED BY THE GENERAL MANAGER TO BE CONSIDERED IN CLOSED COMMITTEE

 

SUSPENSION OF STANDING ORDERS

 

Council at its meeting of the 13th May 1996, resolved in part that:

 

“3.  At the second Council meeting (third Monday) of each month, people who wish to address Council on an issue (for a maximum of three minutes) be allowed to do so at the conclusion of Closed Committee.”

 

CONFIRMATION OF MINUTES

 

1.      ORDINARY COUNCIL MEETING - 18 JUNE 2007

 

 

 

Orders Of The Day

 

2.       Order Of The Day No. 3

SUBJECT: Citizenship Cermony - 25th July 2007

 

3.       Order Of The Day No. 12

SUBJECT: Council and Committee Meeting Schedule - August 2007

 

General Managers Reports

 

4.       General Managers Report No. 15

SUBJECT: Lane Cove West Bowling and Recreation Club Financial and Building Assessment Report

 

5.       General Managers Report No. 16

SUBJECT: Draft Major Projects Strategic Management Plan 2007-2016

 

6.       General Managers Report No. 17

SUBJECT: Walk Against Warming


 

7.       General Managers Report No. 19

SUBJECT: Local Government Reform Program - Promoting Better Practice Review Report

 

Corporate Services Division Reports

 

8.       Corporate Services Division Report No. 35

SUBJECT: 2007 Local Government Association Conference

 

Open Space and Urban Services Division Reports

 

9.       Open Space and Urban Services Division Report No. 27

SUBJECT: Draft Open Space Plan

 

10.     Open Space and Urban Services Division Report No. 28

SUBJECT: Recreational Needs In and Near Charlish Park

 

Environmental Services Division Reports

 

11.     Environmental Services Division Report No. 140

SUBJECT: 11 Robertson Street, Greenwich

 

12.     Environmental Services Division Report No. 17

SUBJECT: Delegated Authority Report - May/June 2007

 

Human Services Division Reports

 

13.     Human Services Division Report No. 12

SUBJECT: Lane Cove Aquatic Centre - closure

 

14.     Human Services Division Report No. 17

SUBJECT: 2007 Shoreshocked Festival

  

QUESTIONS WITHOUT NOTICE

 

***** END OF AGENDA *****

 

         


ORDINARY COUNCIL

 

ORDER OF THE DAY NO. 3

 

16 JULY 2007

 

 

 

 

Ordinary Council at the Meeting 16 July 2007

25/06/2007 to Ordinary Council

Order Of The Day No. 3

Subject:           Citizenship Cermony - 25th July 2007    

Record No:     su28 - 16425/07

Author(s):       Anita Holesgrove 

 

 

Executive Summary

 

The Mayor will preside over an Australian Citizenship Ceremony to be held in the Council Chamber on Wednesday 25th July 2007 commencing at 7.00pm.

 

A Councillor is required to attend the ceremony and speak to the new citizens about local government.

 

 

 

 

RECOMMENDATION

 

That a Councillor nominate to attend the Australian Citizenship Ceremony to be held in the Council Chamber on Wednesday 25th July 2007 commencing at 7.00pm and speak to the new citizens about local government.

 

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

 

ATTACHMENTS:

There are no supporting documents for this report.

CNL160707OD_3.doc

*****   End of Order Of The Day No. 3   *****

 


ORDINARY COUNCIL

 

ORDER OF THE DAY NO. 12

 

16 JULY 2007

 

 

 

Ordinary Council at the Meeting 16 July 2007

6 July 2007 to Ordinary Council

Order Of The Day No. 12

Subject:           Council and Committee Meeting Schedule - August 2007    

Record No:     SU1914 - 17973/07

Author(s):       Myrna Eisenhuth 

 

 

Executive Summary

 

 

Council and Committee Meeting Schedule – August 2007        

           

August 4           Inspection Committee

 

            August 6           Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

            August 20         Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

RECOMMENDATION

 

That the Council and committee Meeting Schedule for August 2007 be adopted.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

 

ATTACHMENTS:

There are no supporting documents for this report.

CNL160707OD_12.doc

*****   End of Order Of The Day No. 12   *****

   


ORDINARY COUNCIL

 

GENERAL MANAGERS REPORT NO. 15

 

16 JULY 2007

 

 

 

 

Ordinary Council at the Meeting 16 July 2007

9/07/2007 to Ordinary Council

General Managers Report No. 15

Subject:           Lane Cove West Bowling and Recreation Club Financial and Building Assessment Report    

Record No:     SU2039 - 18188/07

Author(s):       John Lee 

 

 

Executive Summary

 

This report tables a review by the Director Major Projects of the current and likely future use of the Lane Cove West Bowling and Recreation Club’s facilities, the condition of the existing structures and the financial support that may be needed from Lane Cove Council over the next 10 years.

This report along with the related reports on the draft open space plan, recreational needs around Charlish Park and the draft Major Projects Strategic Management Plan 2007-2016 on this agenda is in response to the resolution of Council on 6 November 2006.  It is recommended that Council endorse the report for public exhibition for a period of 60 days.

 

Background

 

The Lane Cove West Bowling and Recreation Club Ltd (“the Club”) is Registered Club and holds a liquor licence.  Unlike most sporting clubs, as a Registered Club holding a liquor licence, the Club has significant income earning potential from the sale of liquor and gaming in addition to membership and playing fees.  This potential is further enhanced from the Club’s ability under its lease terms to hire out and receive all income from the first floor auditorium.

 

In 2002 the Club acknowledged its financial situation and proposed a rezoning of part of the site to allow a residential development, a new club house and operation from No2 and 3 greens, with 3 two bedroom units being provided to the Club at no cost to the Club.  The Club initiated a building inspection report of the Clubhouse which identified a number of issues that needed to be addressed.

Council increased its financial assistance and concessions though grants, rates, insurance and security from 2002, to financially assist the Club. 

 

In the period up to 2004, the Club traded with net losses.  Council engaged RT Hospitality as club experts to advise on ways forward.  In 2005 Council considered a valuations report from Michael Collins and Associates which included 5 options ranging from do nothing, a redevelopment with 1 or 2 greens and a new club house or a redevelopment of the site for residential uses.  These factors along with preliminary investigations into the possible layouts combined to provide the background to Council considering draft LEP amendment 64. Subsequently, Council at its Ordinary Meeting of 6 November 2006, resolved that:-

 

“In relation to Council’s resolution of 4 September 2006 " to adopt the draft LEP Amendment No . 64 Lane Cove West Bowling Club and Charlish Park to partially rezone and reclassify the site for public exhibition in accordance with sections 54 to 66 of the Environmental Planning and Assessment Act 1979 for a period of 90 days”, the General Manager delay the commencement of the public exhibition until completion of the following process to facilitate wide and informed community consultation and:

a)   Prepare a Strategic 10 year Major Projects Management Plan of all Council Owned properties that may be considered for rezoning for better use in consultation with key stakeholders, and should set out the potential costs and returns involved.

b)   In consultation with representatives of Lane Cove West Bowling Club, prepare a report on the current and likely future use of the Club’s facilities, the condition of the existing structures, and the financial support that may be needed from Lane Cove Council over the next 10 years.

c)   Consult with local groups on recreational needs in and near Charlish Park, and on the needs and likely usage of enhanced hall or cultural facilities in this area.   Prepare a summary report on these discussions.

d)   Place all three reports on display for public comment for a period of not less than 60 days.

e)   Following receipt of public comment, prepare a report for Council with recommendations for further action.”

 

Discussion

 

A review of the current and likely future uses of the Lane Cove West Bowling Club has been circulated separately to Councillors in hard copy and because of its size is split into 3 electronic documents below and responds to point (b) of the resolution. 

 

The Club has expressed a view that the clubhouse could do with a make over but could be brought up to standard at a relatively modest cost.  This position has some merit in keeping the status quo.  The danger is, however, that over time, the building deteriorates further and with it the demise of bowling.  It is certainly not possible to address disabled access issues or important BCA issues in relation to the hire of the auditorium as a place of entertainment or upgrade the kitchens to commercial standards for the preparation of food for a relatively modest cost. 

 

The following points summarise the issues.

 

Condition of Existing Structures

 

The existing structure was purpose built as a club house with a first floor auditorium.  Despite its age, the structure is in sound condition.  A number of issues relate to current building standards, fire safety, toilet conditions, no toilet provision for the disabled, water damage and kitchens not meeting commercial standards for catering and food preparation.  The internal stair is too narrow, too steep and has its first floor landing narrower than the door opening.  A review of the files indicates that the Club was to accept responsibility to make the building disabled friendly.  Whilst appearance is a matter of opinion, parts of the building and internal spaces appear tired and uninviting.

 

Options available to address the existing building range from:-

 

·    do nothing other than essential maintenance addressing priority issues from the building report;

·    address DDA and BCA issues without refurbishment;

·    address DDA and BCA issues with refurbishment; or

·    rebuild the existing Club house to meet current requirements.

 


Financial Support

 

The report highlights that for the 12 months to 30 June 2006, the Club had a maximum of $90,000 available in liquid assets to undertake capital improvements, restore No 2 green, acquire new gaming machines or undertake general maintenance.  The Club had also realised a net increase in assets of $60,087, being the difference between its revenue and expenses.  The Club’s net assets increased by $50,541, after making provision of $9,636 for depreciation.  Similarly for 2005, net assets increased by $31,915.

 

It is noted that Council provided the following subsidies for the 12 months to 30 June 2006:-

 

·    Rates in accordance with Council policy                                          $  3,500

·    Rates in addition to policy with 100% of rates waived                      $  3,500

·    Security                                                                                          $  1,000

·    Insurance premium1                                                                        $  1,000

·    Financial Assistance Grant                                                              $11,000

·    Net income from hire out of auditorium                                            $  8,000

·    Occupation Fee – Rent as required by the lease2                             $  4,350

·    Building Maintenance                                                                      $  5,000

 

Total Direct Subsidies                                                                           $37,350

 

Indirect subsidies also include:-

 

·    The additional adjustment to rent                                                     $144,650

But exclude net income from auditorium hire                                    $  -8,000

 

Total Indirect Subsidies                                                                         $136,650

 

Total Direct and Indirect Subsidies                                                        $174,000

 

Notes

 

1.  Council included the insurance of the Clubhouse building and for the last 3 years waived the increase in its insurance premium of around $1,000.  Council is now responsible for the risk associated with the building.

 

2.  The current occupation fee (rent) in the lease is $1,088 pa.  Based on a subsidy of 80%, the unsubsidised rent would be $5,442.  Council’s subsidy is $5,442 – $1,088 = $4,350.   Given Council’s policy for rent assistance for Bowling Clubs should be based on commercial rates, the actual subsidy for rent is in the order of $150,000 pa for the premises.  If commercial rents were paid, income from the hire of the auditorium would not be considered a subsidy.

 


If the Club no longer needs financial support, pays 50% of the rates, the cost of security and reimburses Council for its related increase in insurance premiums, the Club would be able to continue operating but its financial position would be stretched with the lease rental adjusted in line with Council’s policy of 20% of commercial rents.  The level of financial support required by the Club will ultimately depend on which strategy is adopted.

 

Current and Likely Future Uses

 

The first floor auditorium is hired out to a number of groups for a range of uses.  The ground floor lounge is primarily for the Club’s social and administrative functions.  The current uses are likely to remain whilst the Club maintains its lease.  There is potential for the Club to increase the number of hours and/or the number of users of the auditorium per week. 

 

The Lane Cove Cultural Centre consultations 2006 undertaken by David Morrissey of CSR Sydney suggested that “A site assessment to gauge the material factors that will impact on the main site options, i.e. Rosenthal Avenue, 266 Longueville Rd and, to a lesser extent, 164 Longueville Rd. Full traffic, EIS, financial, risk and other planning can be scoped at this stage, sufficient to enable an evidence-based decision on location to be included in a planning brief” 

 

This work is currently underway by Hassell.  Once a location for the centre and the cultural facilities it provides has been determined, the needs and likely usage of an enhanced hall or cultural facilities or other community facilities in the Lane Cove West area can be reasonably assessed. 

There is potential for the Club to expand its activities if No 2 green is remediated or converted to cater for other sporting activities.   If bowling ceases, the report lists a range of alternate uses for the site.

 

Conclusion

 

The Lane Cove West Bowling and Recreation Club has a long term involvement at 151 Burns Bay Road.  The Club’s funding of the existing club house and in securing land gifted to Council required for the construction of No 3 green is recognised.  Concession periods with peppercorn lease payments in return for ownership of improvements reverting to the land owner are usually in the order of 30 years.  For this site, the Club has enjoyed peppercorn leases now for over 50 years more than offsetting their investments.  The policy for Council subsidy in lease rent to a bowling club is 80% of current market.  The current lease rent of $1,088 pa is well below market and should be reviewed when the lease is next signed.

 

In asset management terms, while the building is structurally sound, it has deteriorated over 50 years. Neither the main or club kitchens are of a commercial standard suitable for food preparation.  The building generally needs upgrading to current standards.  As the auditorium is hired out to the public and other organisations / groups for various uses, the building does not cater for the disabled.  Additional works should be undertaken to improve aspects of fire safety.

 

For some years preceding 2005, the Club traded at a loss.  In 2002 the Club recognised the need for a new club house with operation from 2 greens in a financial proposal to Council involving transfer at no cost of 3 residential units to assist the Club financially.  With financial assistance from Council by way of direct and indirect subsidies especially since 2002 and from private donations, the Club has been able to derive an operating surplus since 2005.  By 30 June 2006, the Club had a maximum of $90,000 available to undertake capital improvements, restore No 2 green, acquire new gaming machines or undertake general maintenance; and is likely to generate an operating surplus in the order of $50,500 annually from its current activity base.  After accounting for adjustments for rates, security, insurance and financial assistance grant subsidies, this surplus is in the order of $34,000.  While this position allows the Club to continue operating, its financial position would be stretched if the lease rental adjusted in line with Council’s policy of 20% of market. 

 

It is considered on the current facts that the Club would be unlikely to embark on a major expansion of its operations or have the financial capacity to refurbish the building or address issues necessary to acquire a new POPE licence.  If a cultural centre is built in Lane Cove, further research is necessary to determine if alternate community spaces to an auditorium are required. 

 

It is recommended that the Club lease be renegotiated to extend until December 2012.  This allows time to further assess:-

 

·    The Club’s financial position, membership and longer term directions;

·    Location and content of a Cultural Centre in Lane Cove;

·    Future recreational and sporting needs in this area;

·    The likely need of enhanced hall or community and cultural facilities in this area; and

·    A preferred strategy for the future use of this site.

 

A prioritised program of works to address the important issues raised in the Tyrrells report should be developed if a decision is made keep the status quo for more than 5 years.  There are a number of options available to Council ranging from an annual allocation of up to $30,000 per year to address priority issues to rebuilding the club house at $2,500,000.  A new purpose built club house in conjunction with residential has the potential to generate revenue toward other community facilities, without negatively impacting on either Council’s or the Club’s financial positions.  Each option requires an investment by Council.  Assuming bowling remains the predominant activity on the site, under current arrangements, the investment would be of primary financial benefit to the Club. 

 

Based on this review most, if not all of the additional cost would be at Council’s expense. A business case is required to identify the costs and benefits of each option and to recommend any changes in financial responsibilities to offset Council’s expenditure.  An option which redevelops the site with a new club house in association with other development to offset the total cost of new facilities to support bowling into the future has been preferred in the Major Projects Strategic Management Plan. 

 

Finally, irrespective of the range of investment decisions by Council from a status quo to a fully redeveloped Club facility, it will be a necessary prerequisite for the Club and Council move forward in partnership with the common goal of ensuring lawn bowls remains a viable sporting activity in suitable premises and in a financially responsible manner. 

 

 

 

RECOMMENDATION

 

That:-

 

1.   Council adopt the Lane Cove West Bowling and Recreation Club Financial and Building Assessment Report dated July 2007 for the purposes of public exhibition.

 

2.   The report be publicly exhibited for a period of 60 days as a supporting document in relation to the Draft Major Projects Strategic Plan.

 

3.   A further report be submitted to Council following the exhibition period on any submissions received.

 

4.   The Lane Cove West Bowling and Recreation Club be advised that Council is prepared to enter into a further lease until 30 December 2012 with commercial terms negotiated in accordance with Council’s policies.

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

 

ATTACHMENTS:

AT‑1 View

Part 1 of Review on Current and Likely Future Uses of the Lane Cove West Bowling Club

18 Pages

 

AT‑2 View

Part 2  of Review on Current and Likely Future Uses of the Lane Cove West Bowling Club

34 Pages

 

AT‑3 View

Part 3 of Review on Current and Likely Future Uses of the Lane Cove West Bowling Club

15 Pages

 

AT‑4 View

Part 4 Report on current and likely future use of the Lane Cove West Bowling Club s facilities, the condition of the existing structures and the financial support that may be needed from Lane Cove Council over the next 10 years

22 Pages

 

AT‑5 View

Part 5 Report on current and likely future use of the Lane Cove West Bowling Club s facilities, the condition of the existing structures and the financial support that may be needed from Lane Cove Council over the next 10 years

11 Pages

 

 

CNL160707GM_15.doc

*****   End of General Managers Report No. 15   *****

 


ORDINARY COUNCIL

 

GENERAL MANAGERS REPORT NO. 16

 

16 JULY 2007

 

 

 

 

Ordinary Council at the Meeting 16 July 2007

9/07/2007 to Ordinary Council

General Managers Report No. 16

Subject:           Draft Major Projects Strategic Management Plan 2007-2016    

Record No:     SU439 - 18239/07

Author(s):       John Lee 

 

 

Executive Summary

 

This report tables the draft Major Projects Strategic Management Plan 2007-2016.   This report along with the related reports, draft open space plan, recreational needs around Charlish Park and the review of the current and likely future use of the Lane Cove West Bowling and Recreation Club’s facilities, the condition of the existing structures and the financial support that may be needed from Lane Cove Council over the next 10 years are in response to the resolution of Council on 6 November 2007.

 

It is recommended that the draft Major Projects Strategic Management Plan 2007-2016 be now placed on public exhibition for a period of 60 days and a further report be submitted once an analysis of submissions has been undertaken.

 

Background

 

Council at its Ordinary Meeting of Council on 6 November 2006 resolved:-

 

“In relation to Council’s resolution of 4 September 2006 " to adopt the draft LEP Amendment No . 64 Lane Cove West Bowling Club and Charlish Park to partially rezone and reclassify the site for public exhibition in accordance with sections 54 to 66 of the Environmental Planning and Assessment Act 1979 for a period of 90 days”, the General Manager delay the commencement of the public exhibition until completion of the following process to facilitate wide and informed community consultation and:

 

a)   Prepare a Strategic 10 year Major Projects Management Plan of all Council Owned properties that may be considered for rezoning for better use in consultation with key stakeholders, and should set out the potential costs and returns involved.

b)   In consultation with representatives of Lane Cove West Bowling Club, prepare a report on the current and likely future use of the Club’s facilities, the condition of the existing structures, and the financial support that may be needed from Lane Cove Council over the next 10 years.

c)   Consult with local groups on recreational needs in and near Charlish Park, and on the needs and likely usage of enhanced hall or cultural facilities in this area.   Prepare a summary report on these discussions.

d)   Place all three reports on display for public comment for a period of not less than 60 days.

e)   Following receipt of public comment, prepare a report for Council with recommendations for further action.”


Discussion

 

The draft Major Projects Strategic Management Plan 2007 – 2016 (“the Plan”) has been circulated separately to Councillors in hard copy and because of its size is split into 3 electronic documents below (responds to point (a) of the resolution.  A basic premise of the Plan is a no disadvantage test in harvesting capital from underutilised assets in order to fund community projects in the wider public interest.  The Plan draws together into a single document, projects identified by Council through the Social Plan, Cultural Plan, Sustainability Plan, Corporate Plan, S94 Contributions Plan and draft Open Space Plan and projects considered by Councillors in a number of forums including two (2) two-day planning workshops in 2005 and 2006.  The Plan only includes projects with a potential (in a planning sense) for completion within the next 10 years and forms part of a broader asset management plan for all of Council’s facilities.

 

With a relatively small rate base with around 13,000 properties serving approximately 30,500 residents, the capacity for Lane Cove Council to fund major projects from its rate base is severely restricted by long term rate capping imposed on NSW Councils for some 30 years.  The Plan provides a holistic approach, by considering each of the projects as a combined package undertaken over a 10 year period.  This holistic approach includes the planning, timing and funding interrelationships of the various projects. 

 

The Plan establishes a financially responsible framework to deliver to the community in a timely manner a number of community facilities, additional carparking in the Lane Cove CBD, enhanced open space and recreational facilities, acquisition of open space and better management of Council’s resources by discrete and targeted development projects with intergenerational equity.

 

The Department of Planning has indicated that the number of dwellings within Lane Cove LGA should increase by 4,060 over 25 years.  The Plan contemplates in the order of 200 new dwellings through residential redevelopment over the 10 years and is consistent with that objective.  The performance standards for open space listed in Appendix 4 of the draft Open Space Plan have been used as a guide in determining that community access to open space and recreational areas does not change through the utilisation of 2.06 ha of open space identified in the Plan.    

 

Whilst recognising that open space is required to meet increased population demands, the funding arrangements under the Plan provides potential for acquisition of open space as indicated in the draft Open Space Plan and guarantees enhancement of existing open space for current and future generations.

 

The estimated funding required to complete projects included in the Plan is $56.28 million offset by potential net revenue in the order of $49.5 million.  A Cultural Centre, one of the main community facilities requiring significant funding in the Plan, is estimated to cost in the order of $18m.  Without pre-empting a decision on the location of the Cultural Centre, the Plan is prepared with a cultural centre located on Rosenthal Ave carpark as carparking associated with the centre becomes “shared” parking in meeting peak parking demand in the Lane Cove CBD.  Should an alternate site be chosen, this plan will be revised accordingly.

 


Community Consultation

 

The discrete utilisation of Council land and undertaking development upon it to deliver community facilities, is a different approach to that previously utilised by Council.  In order to determine the community’s willingness to consider this funding method, Council engaged IRIS Research to undertake a Deliberative Poll of 400 residents.  In response to the question ‘How strongly do you support Council developing up to 2 hectares of existing community land and open space to deliver facilities’, 66% of respondents gave a rating of 3 or more (out of 5), which shows broad support for the concept.  The main reasons provided by those who did not show support were: -

 

1.   Want to know location of land to be developed 23%

2.   Open Space should be protected 21%

3.   Do not want to sell public land 14%

4.   Do not need the proposed facilities 11%

5.   Do not want development 6%

6.   Need more information 4%

7.   Other 21%

 

Based on this broad acceptance of the concept, IRIS Research were also engaged to conduct focus groups in relation to the “Rules” that would apply if the Plan proceeded.  Council had undertaken preliminary work on preparing these “Rules” and the new “Rules” suggested by the focus groups are shown below in the unshaded area.

 


Ground Rules

The proceeds from the sale or development of an asset must be used for the creation or improvement of community assets which are of equal or additional value.

No more than 2ha of open space would be utilised in the plan

The amount of open space used for active recreation will not reduce unless: (1) An equivalent level of recreation is provided for, or (2) The previous active recreational use has ceased to exist or is no longer viable.

Any open space would be utilised as appropriate based on existing use and zoning with consideration to height of surrounding development.

Proceeds from sale of asset should not be used for recurrent Council expenditure. 

A proportion of the proceeds from any project would be used to enhance the open space immediately adjacent as required; the remainder would be used for other community and recreation facilities i.e. no money would be used for any of Council’s day to day activities. 

Adjacent open space development must add lasting value to the wider community and be accessible to the whole community.  If inappropriate to develop adjacent open space then an alternative development for the benefit of the community shall be undertaken.

Council will control the proposed developments on all sites. No land will be “sold off” for a developer to develop their own proposals.  Development will only proceed within current planning rules.

Council will undertake transparent and detailed community communication and consultation for each project.

All projects will incorporate best practice sustainability techniques. 

Any development shall not result in restricted access to the foreshore.

There shall be no development of foreshore land.

A statement of environmental effects must be undertaken prior to development e.g. parking and traffic management. 

Development shall not result in constructed roads being closed.

Any development must take into account the surrounding environment to maintain its attractiveness following the development.

 

All of the above “Rules” have been used in developing the Project Development Principles outlined in Section 6.3 of the Plan.

 

Community Consultation Strategy

 

The Plan is to be placed on exhibition for public comment.  The plan attempts to provide the strategic framework required to inform and support future Council decisions in relation to material changes in land use for a number of Council owned sites. Council acknowledges that individual projects will be of interest to the specific neighbourhood as well as to the wider community.  In addition to this broad consultation on the plan, Council will need to conduct detailed Community Consultation in relation to the details of each development as they proceed.

 

Consultation Statement of Intent

 

The consultation methods outlined below have been designed to use a number of processes to engage with the community on the philosophy underlying the draft Major Projects Strategic Plan. Council is seeking the views of the community in relation to the appropriateness of utilising this method to fund community facilities and the suitability of the individual projects selected. Comments received will assist Council in determining its strategic management plan to provide community facilities with a timely and affordable program.

 

Methods of Consultation

 

Consultation Strategy

 

Stage 1

Stage 2

Stage 3

Stage 4

Stage 5

 

Inform

Involve

Consult

Consult

Consult

Target Audience

Adjoining Property Owners and Residents

400 members of the Lane Cove Community demography based.

Key message givers eg; presidents of local resident associations

Lane Cove Community

Lane Cove Community

Proposed Medium

Notification Letter

Deliberative poll (Further consultation will be undertaken with those initially involved with the to determine their views on the detail of the draft Plan.

Briefing sessions

Staffed exhibition over 2 days, Thursday  Evening and Saturday Morning

Community Newsletter

Website Survey

Public Exhibition

 

Modifications to the Plan

 

If different options, scenarios or projects are ultimately decided on by Council, the Plan will need to be modified to identify the alternate source of revenue or identify what reduction in community facilities is necessary if a shortfall in funds results.  This is an important aspect in understanding the Plan.  New projects added to the Plan would need to be tested against principles espoused in the Plan to achieve the same holistic approach and community engagement.

 

Lane Cove West Bowling and Recreation Club

 

A special mention is given to Lane Cove West Bowling and Recreation Club. The separate report in relation to the Club recommends that their lease be renewed and extended through to 30 December 2012 to allow the Club to make medium term investment decisions.   This allows time to reassess:-

 

·    The Club’s financial position, membership and longer term directions;

·    Location and content of a Cultural Centre in Lane Cove;

·    Future recreational and sporting needs in this area;

·    The likely need of an enhanced hall or community and cultural facilities in this area; and

·    Confirm a preferred strategy for the site.

 

Although the plan includes an option to generate revenue toward other projects, if an alternate approach is taken, either the expected revenue is met from another source or the amount of community facilities are reduced.

 

 

RECOMMENDATION

 

That:-

 

1          Council adopt the Draft Major Projects Strategic Management Plan 2007-2016 dated July 2007 for the purposes of public exhibition.

 

2          The Draft Major Projects Strategic Management Plan 2007-2016 be placed on public exhibition for 60 days and consultation take place in accordance with the Consultation Strategy outlined in the report.

 

3          A further report be submitted to Council following the exhibition period, to consider the final Draft Major Projects Strategic Management Plan 2007-2016 for adoption.

 

 

Peter Brown

General Manager

General Managers Unit

 

 

 

ATTACHMENTS:

AT‑1 View

Strategic Major Projects Plan Part 1

34 Pages

 

AT‑2 View

Strategic Major Projects Plan Part 2

17 Pages

 

AT‑3 View

Strategic Major Projects Plan Part 3

7 Pages

 

AT‑4 View

Strategic Major Projects Plan part 4

48 Pages

 

 

CNL160707GM_16.doc

*****   End of General Managers Report No. 16   *****

 


ORDINARY COUNCIL

 

GENERAL MANAGERS REPORT NO. 17

 

16 JULY 2007

 

 

 

 

Ordinary Council at the Meeting 16 July 2007

10/07/2007 to Ordinary Council

General Managers Report No. 17

Subject:           Walk Against Warming    

Record No:     SU727 - 18338/07

Author(s):       Peter Brown 

 

 

Executive Summary

 

Walk Against Warming is an initiative of the Nature Conservation Council of NSW.   It is designed to inspire ordinary Australians to take positive action on climate change and to show  political leaders that the community is united in demanding more effective and equitable government policies to stabilise greenhouse gases and prevent dangerous climate change.

 

This year the Walk Against Warming will be held on the Sunday two weeks prior to the Federal election.

 

Last year Lane Cove Council supported Walk Against Warming by providing a link from our website to the WAW site and by displaying promotional posters in the foyer of the Civic Centre and Library.

 

 

RECOMMENDATION

 

That Council again supports this year's event with similar marketing activities, website link and the display of promotional posters.

 

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

 

ATTACHMENTS:

AT‑1 View

Invite Council to support the Walk Against Warming 2007

1 Page

 

 

CNL160707GM_17.doc

*****   End of General Managers Report No. 17   *****

 


ORDINARY COUNCIL

 

GENERAL MANAGERS REPORT NO. 19

 

16 JULY 2007

 

 

 

 

Ordinary Council at the Meeting 16 July 2007

11/07/2007 to Ordinary Council

General Managers Report No. 19

Subject:           Local Government Reform Program - Promoting Better Practice Review Report    

Record No:     SU1802 - 18518/07

Author(s):       Peter Brown 

 

 

Executive Summary

 

During early February 2007 Council underwent an independent review, known as a Promoting Better Practice Review.

 

The Promoting Better Practice Review Report (attached) has now been finalised and forwarded to Council by the Director General of the NSW Department of Local Government, Mr Garry Payne AM.    The report is essentially positive and in summary states that “The Council has strong leadership that is well positioned to strategically address the future needs for the Lane Cove Local Government Area”.

 

This report discusses the Promoting Better Practice Review and makes recommendations in regard to it.

 

Background

 

The Department of Local Government has a program to schedule such reviews of all local government authorities in NSW over a period.   To date in excess of 40 Councils have been reviewed since 2004.

 

The Local Government Reform Program – Promoting Better Practice is a review process that has a number of objectives:-

 

·    To generate momentum for a culture of continuous improvement and greater compliance across local government;

·    To provide an ‘early intervention’ option for Councils experiencing operating problems;

·    To Promote good governance and ethical conduct principles;

·    To identify and share innovation and good practice in local government;

·    To enable the department to use review information to feed back into its work in identifying necessary legislative and policy work for the local government sector.

 

Reviews act as a “health check”, giving confidence about what is being done and helping to focus attention on key priorities.

 

The process involves an independent review, in our case the Independent Audit Bureau, evaluating the effectiveness and efficiency of the Council’s operations and giving feedback.   This involves checking compliance, examining appropriate practices and ensuring that Council has frameworks in place to monitor its performance.

 

The results of reviews are analysed and fed back to the elected Council, the Director General of the Department of Local Government and the Minister for Local Government.

 

Discussion

 

A comparative review of Promoting Better Practice Review Reports of NSW Councils displayed on the Department of Local Government’s website (www.dlg.nsw.gov.au) will highlight the comparatively positive nature of Lane Cove’s Report.

 

The Report provides Councillors, management and staff with a valuable external assessment of our strategic management, corporate systems and processes as well as our overall capacity to respond to the future needs of the Lane Cove local government area.

 

The report highlights positive strategies and actions taken by Council to address the identified needs of the community and makes valuable and constructive suggestions for improvement that reinforce many of Council’s current priorities.

 

Conclusion

 

The Promoting Better Practice Review Report should now be placed on Council’s website for the public and we can begin the process of developing an Action Plan for each of the Report’s recommendations for submission to the Department of Local Government.

 

 

RECOMMENDATION

 

That Council:-

 

1.         Receive and note the independent Promoting Better Practice Review Report.

 

2.         Place a copy on Council’s website.

 

3.         Prepare an Action Plan to address the recommendations in the report for submission to the Department of Local Government

 

 

Peter Brown

General Manager

General Managers Unit

 

 

 

ATTACHMENTS:

AT‑1 View

Department of Local Government - Promoting Better Practice Review

43 Pages

 

 

CNL160707GM_19.doc

*****   End of General Managers Report No. 19   *****

 


ORDINARY COUNCIL

 

CORPORATE SERVICES DIVISION REPORT NO. 35

 

16 JULY 2007

 

 

 

 

Ordinary Council at the Meeting 16 July 2007

16/06/2006 to Ordinary Council

Corporate Services Division Report No. 35

Subject:           2007 Local Government Association Conference    

Record No:     SU203 - 18342/07

Author(s):       Ian Naylor 

 

 

Executive Summary

 

The 2007 Local Government Association Conference will be held from Saturday 20 October until Wednesday 24 October 2007 at Coffs Harbour.  The purpose of this report is to call for motions from Councillors, to determine attendance of Councillors at the Conference and resolve the voting delegates for the Conference.

 

Discussion

 

Motions for the 2007 Local Government Association Annual Conference

 

Council has received correspondence from the Local Government Association calling for motions to be debated at its Annual Conference.  Any motion  would need to be adopted by Council at this meeting or the following meeting on 6 August 2007 in order to meet the deadline for submitting motions being 10 August 2007.  It is proposed to submit the following motions that were also submitted to the NSROC Conference for consideration and any other motions that Council wishes to raise:-

 

1.   That representations be made to the Minister for Local Government to review the basis on which special rate variations may be levied, so as to allow councils greater flexibility in structuring special levies having regard to the reasons the levy is sought and the impact on the community.

 

2.   That the major Federal political parties commit to the following matters in relation to aircraft noise and Sydney Airport:

 

a.   No further increase in aircraft movements over the NSROC region;

b.   the aircraft noise sharing plan being rigorously enforced including the application of appropriate fines and penalties to strengthen compliance;

c.   the dissemination of information in a timely manner by the operator of Kingsford Smith Airport in relation to noise and traffic data and ongoing operational issues;

d.   the implementation of the Long Term Operating Plan;

e.   the implementation of strategies to encourage all aircraft operators to utilise newer quieter aircraft;

f.    the expansion of Kingsford Smith Airport in a manner which will not result in an increase in aircraft noise; and

g.   the continuation of the Sydney Airport Community Forum.

 

3.  
a.  That NSROC call upon the Federal Minister for Communications, Information Technology and the Arts to review the Federal Telecommunications Act 1997 regarding the installation of low impact towers on adjoining properties to remove the existing inequities that can occur in residential or mixed use zones when a neighbour of an adjoining property consents to the erection of a tower on their property without consent of the adjoining neighbours.  An appropriate procedure should be put in place which provides for an equitable outcome for all parties involved, including a right of appeal against an unfair decision.

 

b.  That NSROC write to all Federal Members covering the NSROC area and seek their support in addressing this inequity.

 

4.   That NSW Government be asked to review its decision to seek full cost recovery for the conduct of local government elections to provide a more cost-effective and affordable election system for NSW councils or alternatively allow councils to conduct their own elections.

 

5.   That the LGSA write to the Premier of NSW requesting that the State Government reinstate funds lost to public libraries as a result of the NSW State Budget for 2007/08.

 

6.   That the LGSA write to the State Government requesting that the Trees (Disputes Between Neighbours) Act 2006 be expanded to include trees that adversely impact on adjoining property owners health and amenity by blocking sunlight in much the same way that a building structure would.

 

7.   That NSROC call upon the Minister for Planning to review the role and obligations of private certifiers to ensure that they respond to and act on complaints raised by councils and people adversely affected as a result of or during building construction.

 

 

Each motion requires a note from Council explaining the reason for submitting the motion and how it alters or adds to existing policy and a detailed supporting case giving reasons for raising the issue.

 

Motions should seek to alter existing policy, through the addition or deletion of elements, or to introduce new policy. To guide this process, the Association's current policy statements (resulting from the 2006 conference business paper) is available on the LGSA website at:-

 

www.lgsa.org.au/resources/documents/2006_lga_conference_business_paper_140906.pdf.

 

Councillor Attendance and Voting Delegates

 

In accordance with Council’s policy on the Payment of Expenses and Provision of Facilities to Councillors, a resolution of Council is required to authorise the attendance of Councillors at the Local Government Conference.

 

Lane Cove Council is also entitled to three voting delegates at the Conference. The constitution of the Association determines the number of voting delegates allowable by Council using a sliding population scale. In addition to this, members of the Association’s Executive Committee also having voting rights. Council in the past have also provided an opportunity for other Councillors to attend as an observer.

 

 

 

 

RECOMMENDATION

 

That:-  

 

1. Council adopt the motions listed in the body of the report and give consideration to any further motions to be submitted for debate at the 2007 Local Government Association Conference.

 

2.  Councillors attendance for the 2007 Local Government Association Conference be determined including Council’s 3 voting delegates.

 

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

 

ATTACHMENTS:

 

CNL160707CSD_35.doc

*****   End of Corporate Services Division Report No. 35   *****

 


ORDINARY COUNCIL

 

OPEN SPACE AND URBAN SERVICES DIVISION REPORT NO. 27

 

16 JULY 2007

 

 

 

 

Ordinary Council at the Meeting 16 July 2007

10/07/2007 to Ordinary Council

Open Space and Urban Services Division Report No. 27

Subject:           Draft Open Space Plan    

Record No:     SU1270 - 18352/07

Author(s):       Susan Butler 

 

 

Executive Summary

 

A Draft Open Space Plan has been prepared, integrating the open space components of the existing and future plans of management for community lands and open space and recreation strategies.

 

Background

 

Council at its meeting of 6 November 2006 resolved in part that:-

 

“The General Manager be requested to report back to Council with an Open Space and Recreation Plan integrating the Bushland Plan of Management, Estuary Management Plan, Golf Course Plan of Management, Playground Strategy, and to establish overriding principles for a Sport and Recreation Plan and Plan of Management for Blackman Park.”

 

Discussion

 

Attached is the first draft of the Open Space Plan, which has been prepared consistent with other strategic plans that Council has in place. The draft plan includes key themes to reinforce the main direction for the planning and management of Open Space and to guide existing and future strategies and actions.

 

The Recreation Plan and the Plan of Management for Blackman Park are to be developed as part of this process during this current financial year.

 

Consultation Strategy

 

Consultation Statement of Intent

 

The consultation is designed to determine the whether the values, key themes, goals and actions within the Draft Open Space Plan are appropriate. Comments received will be utilised to refine the values, key themes, goals and actions within the plan.

 

 

 

Methods of Consultation

 

The methods of consultation proposed are outlined in the following Table.

 

 

Stage 1

Stage 2

Stage 3

Stage 4

 

Collaborate

Involve

Consult

Consult

Target Audience

Council’s Community Reference Groups

Key message givers eg; presidents of local resident associations

Lane Cove Community and  Community Reference Groups

Lane Cove Community

Proposed Medium

Briefing sessions and Discussion at Meetings

Briefing sessions

Group Workshops

Community Newsletter

Website Survey

Public Exhibition

 

Conclusion

 

The Draft Open Space Plan sets out guiding principles and key themes for the planning and management of Lane Cove’s Open Space. The community now has the opportunity to comment on this draft plan.

 

 

RECOMMENDATION

 

That:-

 

1.         Council adopt the Draft Open Space Plan dated July 2007 for the purpose of pubic exhibition.

 

2.         The Draft Open Space Plan be placed on public exhibition for 60 days and consultation take place in accordance with the Consultation Strategy outlined in the report.

 

3.         A further report be submitted to Council following the exhibition period, to consider the final Draft Open Space Plan for adoption.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Draft Open Space Plan

37 Pages

 

 

CNL160707US_27.doc

*****   End of Open Space and Urban Services Division Report No. 27   *****

 


ORDINARY COUNCIL

 

OPEN SPACE AND URBAN SERVICES DIVISION REPORT NO. 28

 

16 JULY 2007

 

 

 

 

Ordinary Council at the Meeting 16 July 2007

10/07/2007 to Ordinary Council

Open Space and Urban Services Division Report No. 28

Subject:           Recreational Needs In and Near Charlish Park    

Record No:     SU1270 - 18420/07

Author(s):       Susan Butler 

 

 

Executive Summary

 

A survey has been prepared asking for information on the current needs and particular demands on Open Space in Lane Cove and to determine possible improvements to Charlish Park (excluding the bowling greens and clubhouse).

 

Background

 

Council at its meeting of 6 November 2006 resolved in part (c), that Council:-

 

“Consult with local groups on recreational needs in and near Charlish Park and on the needs and likely usage of enhanced hall or cultural facilities in this area. Prepare a summary report on these discussions.”

 

A survey was prepared asking for information on the current needs and particular demands on Open Space in Lane Cove and to determine possible improvements to Charlish Park (excluding the bowling greens and clubhouse). This survey has been distributed to the 123 people who had registered an interest in being kept updated on the Lane Cove West Bowling Club at the public meeting held on 18 October 2006 and anyone who had written to Council regarding the draft LEP to rezone the site.

 

Discussion

 

A survey on the recreational needs of the local community was sent electronically to 123 people who had registered an interest in being kept updated on proposals in respect of the Lane Cove West Bowling Club.  The adjoining residents have also been letterboxed dropped the survey.  To date, 27 replies have been received. This is considered an adequate sample on which to make some preliminary assumptions. It is expected that more responses will be received over the next week or so.

 

The interim results from this survey still need more detailed analysis, but the following gives an indication of the community response.

 

The following have been identified as the positive attributes of Charlish Park:

 

·    Green space, shady trees

·    A restful, private place

·    Open space in an area with lots of units with little open space

·    Open space close to home

·    A place for family gatherings

·    A safe place for children to use play equipment

·    Playground is well screened from busy Centennial Ave

·    There is room for children to run around and a hill for them to play on

 

Suggested improvements to date for Charlish Park include:

 

·    Improve play equipment, more equipment for preschool aged children

·    Add more facilities, suggestions include picnic benches, barbeque, bike rack, bubbler

 

There is a mixed response about moving the play equipment away from Centennial Ave, with 67% happy with its current location near Centennial Ave. Those who commented on a relocated playground preferred it further away from the busy Centennial Ave; or felt it was too isolated in the current location; or it was too dark and hidden.

 

The majority (81%) of the respondents lived within 1 km of Charlish Park and 90% of them walk there.

 

There were some general comments about Open Space in that area, including the need for a basketball court or facility for multiple uses for organised games, need for more toilets, a bike track, more leash free areas for dogs. Some commented on the importance of Open Space areas, especially in an area with many units and the role of Open Space for environmental protection.

 

A number of respondents (10 of the 27 replies viewed) mentioned their concerns or objections to the proposal to develop the Lane Cove West Bowling Club site.  As there has been no proposal to redevelop the bowling club site without retaining Charlish Park either in its current position or fronting Burns Bay Road, further consultation with the residents in this area will form part of any planning process at the appropriate time.

 

Needs and Likely Usage of Enhanced Hall or Community Facilities

 

The Lane Cove Cultural Centre consultations 2006 undertaken by David Morrissey of CSR Sydney suggested that “A site assessment to gauge the material factors that will impact on the main site options, i.e. Rosenthal Avenue, 266 Longueville Rd and, to a lesser extent, 164 Longueville Rd. Full traffic, EIS, financial, risk and other planning can be scoped at this stage, sufficient to enable an evidence-based decision on location to be included in a planning brief” 

 

This work is currently underway by Hassell.  Once a location for the Centre and the cultural facilities it provides has been determined, the needs and likely usage of enhanced hall or cultural facilities in the Lane Cove West area can be reasonably assessed.

 

There is spare capacity for community usage in the existing auditorium. From the draft Major Projects Strategic Plan the recommendation to extend the Club’s lease until the end of 2012 is noted. This allows time to reassess:

 

·    The Club’s longer term directions;

·    Location and content of a Cultural Centre in Lane Cove;

·    Future recreational and sporting needs in this area;

·    The likely need of an enhanced hall or community and cultural facilities in this area; and

·    a preferred strategy for the site including the location of Charlish Park.

 

Conclusion

 

The information obtained from this survey can be used to assist in determining possible improvements to Charlish Park (excluding the bowling greens and clubhouse).

 

 

RECOMMENDATION

 

That:-

 

1          Council receive and note the report “Recreational Needs In and Near Charlish Park”

 

2          The report be publicly exhibited for a period of 60 days as a supporting document in relation to the Draft Open Space Plan and Draft Major Projects Strategic Plan.

 

3          A further report be submitted to Council following the exhibition period on any submissions received.

 

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

 

ATTACHMENTS:

There are no supporting documents for this report.

CNL160707US_28.doc

*****   End of Open Space and Urban Services Division Report No. 28   *****

 


ORDINARY COUNCIL

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 140

 

16 JULY 2007

 

 

 

 

Ordinary Council at the Meeting 16 July 2007

17/04/2007 to Ordinary Council

Environmental Services Division Report No. 140

Subject:           11 Robertson Street, Greenwich    

Record No:     DA04/170-1 - 9119/07

Author(s):       Stan Raymont 

 

 

Property:                                  11 Robertson Street, Greenwich

 

DA No:                                    D170/04B

 

Date Lodged:                           9.1.07

 

Cost of Work:                          Additional $50,000

 

Owner :                                   P.S. & M.M. Hansen

 

Author:                         Stan Raymont

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to the dwelling including an outdoor pool (Section 96 Modification)

ZONE

2(a2)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

Yes, 11 Robertson Street and the adjoining properties 14 and 16 Ford Street are heritage listed

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a, 10a and 10b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                               12, 14, 16, 18, 20, 22, 24, 26, 28, 30 Robertson Street; 9, 12, 14, 16 Ford Street; 29 Bent Street & 51 King William Street

Ward Councillors                     East Ward

Progress Association                Greenwich Community Association

Other Interest Groups               -

 

 

REASON FOR REFERRAL:

 

The application has been referred to Council as the previous Section 96 Modification application was dealt with by Council.

 

EXECUTIVE SUMMARY:

 

A Section 96 modification has been lodged to enable a range of improvements undertaken by the builder to be formalised.

 

The Section 96 Modification consists of the following:

 

·    construct a spa 2.4m x 2.4m next to the swimming pool

·    relocate garden stairs to align with the timber deck

·    relocate one air conditioning unit to the pool storeroom

·    erect a 600mm high elevated eastern boundary masonry wall on top of the existing wall for a length of 4.55m from northern boundary

·    move garage doors to the boundary with Ford Street and provide new bollards to the garage as a notional splay to the garage entry and delete the 1m x 1m splays in the brick walls on both sides of the garage

·    construct a storeroom 5.35m by 2.75m at garage level to the south of the existing cellar

·    provide two highlight windows to the living room

·    remove planter boxes  to the western edge of ground floor terrace

·    provide a window to the ground floor living room on southern elevation

·    northern extension of  balcony to bedroom 3 to be deleted

·    reorientate robe in bedroom 2

 

The approval of the Section 96 application would require amendment to condition Nos. 1 and 2, deletion of conditions 24 and 32 and the imposition of additional conditions 61-69 to Determination Notice – Development Application No. D170/04.  Submitted with this Section 96 application is a letter from C. & L. Campion of No.16 Ford Street advising that they have no objection to the Section 96 application.

 

No submissions have been received in respect of the notification of this application.  However, during a site visit the owners of No.16 Ford Street requested that the kitchen exhaust duct be raised above the eaves of No.16 Ford Street and the opening be on the southern side instead of the northern side.


The main issues for consideration are:

 

1.         Floor Space Ratio – the floor space ratio as approved is 0.61:1.  The proposed storeroom has an area of 14.71m2 making the floor space ratio 0.63:1.  The storeroom has been constructed by excavating at the southern end of the cellar at the rear of the garage and is not visible from outside the building, it does not add to the appearance of bulk, has no adverse impact on the adjoining properties or the streetscape and is supported.

 

2.         Garage Setbacks and Splays – Council’s Code for Dwellings specifies for garages a minimum setback of 1m from the street alignment and the provision of 1m by 1m splays on each side of the garage door.

Condition 2 of Development Application No.D170/04 approval stated:

 

            “2.        The walls of the garage being set back one metre from then northern boundary and being provided with one metre by one metre splays for sight distance purposes on both sides of the garage doors.  There is to be no structure or planting in the splayed areas higher than 900mm.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.”

 

The walls and garage door have been built up to the boundary with Ford Street and do not comply with the above condition.

 

Based on the comments received from Council’s Development Engineer, Manager Traffic and Manager Open Space condition 2 should be amended as follows:

 

            “2.        To provide access and safety for pedestrians using the stone stairs on Ford Street adjacent to the garage the following shall be provided:

 

                        a.          A convex mirror shall be provided to the western side of the garage to warn pedestrians/residents of each others movements.

 

                        b.         Additional lighting shall be provided along the stairway including at the top of the stairway and at the interface of the garage/stairway.

 

                        c.          Removal of the Murraya shrub closest to the eastern side of the garage door in the planting strip to improve visibility.

 

                        d.         A steel stairway located midway between the trunks of the Casuarina and Callistemon trees shall be constructed on the western side of the driveway to provide pedestrian access to Council’s grassed area.  The new stairway is to be provided with handrails and lighting.  These stairs are to be constructed in accordance with Lane Cove Council’s Open Space requirements and the Building Code of Australia.  No lights are to be installed at the bottom of the stair.

 

                        e.          The applicant shall lodge with Council a $5,000 cash bond or bank guarantee to cover the satisfactory construction of the pedestrian access way.  Lodgement of this bond is required prior to the issue of the construction certificate for the Section 96 Modification work.

 

                        f.          The installation of a section of handrailing at the top of the existing stairs for pedestrian safety.

 

                        g.          The existing box drain running diagonally across the footpath at the top of the existing stairs, which it is advised is a safety hazard particularly in the wet shall be made safe for pedestrians to walk on without slipping.

 

                        h.          The stormwater line located at the northwestern corner of the site shall be connected to Council’s stormwater system to Council’s satisfaction.

 

                        i.           Planter beds outside the subject property uphill from the driveway shall be maintained by the applicant and to be of low growing plant species to the satisfaction of the Manager, Open Space.

 

The Section 96 application is recommended for approval subject to modified conditions that include an amendment to condition 2 and an additional condition requiring the raising of the kitchen exhaust duct.

 

SITE:

 

The subject site is located on the northern side of Robertson Street and extends through to a section of Ford Street which is only partly made.  There is a bitumen accessway 4.25m wide and a stairway outside part of the rear boundary.  The site has a frontage of 23.315m to Robertson Street and a depth of 39.62m.  There is an elevated section of the site located on the eastern side and then the land falls to the west.  There is a dwelling on the site to which major alterations and additions are being carried out in accordance with development consent number No.D170/04.  Site Location Plan and Neighbour Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

 

The Section 96 application consists of the following:

 

Externally:-

 

·    construct a spa 2.4m x 2.4m next to the swimming pool

·    relocate proposed garden stairs to align with timber deck

·    relocate one air conditioning unit to pool storeroom

·    erect 600mm high elevated eastern boundary masonry wall on top of the existing wall for a length of 4.55m from northern boundary

 

At garage level:-

 

·    move garage doors to boundary with Ford Street and provide a bollard to the garage, as a notional splay to the garage entry and delete 1m x 1m splay in the brick walls on both sides of the garage

·    construct a storeroom 5.35m x 2.75m at garage level located to the south of the existing cellar

           

At lower ground floor level:-

 

·    provide two highlight windows to the living room

 

 

At ground floor level:-

 

·    remove planter boxes to western edge of the ground floor terrace

·    provide a window to ground floor living room, on the south elevation

 


At attic level:-

 

·    northern extension of balcony to bedroom 3 deleted

·    reorientate robe.

 

PREVIOUS APPROVALS/HISTORY:

 

Council at its meeting of the 6th December 2004 approved Development Application No.D170/04 to revert 11 and 11a Robertson Street back to one residence, consolidate the two strata lots into one Torrens Title Lot and carry out alterations and additions to the consent given to Development Application No.D190/01.

 

It was resolved that the application be approved subject to conditions which included:-

 

            “2.        The walls of the garage being set back one metre from the northern boundary and being provided with one metre by one metre splays for sight distance purposes on both sides of the garage doors.  There is to be no structure or planting in the splayed areas higher than 900mm.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

Subsequently Council at its meeting of the 17th July 2006 gave consideration to a Section 96 application (DAD170/04A) to:-

 

1.         At lower ground floor level:-

 

            a)         Construct a wine cellar with associated stairs.

            b)         Provide windows to western wall.

            c)         Internally rearrange lower ground floor.

 

2.         At ground floor level:-

 

            a)         Erect a weatherboard cabana 4m by 3m in size and a new weatherboard shower/changeroom and bin room 4m by 1.2m in size on the eastern side of the pool near Ford Street.  The cabana and shower/changeroom and bin room were separated by a 1.2m wide passageway and the roof which is pitched and covered with tiles extended over both structures.

 

3.         At attic floor level:-

 

            a)         Reorientate the balcony to bedroom 3 to the west side.

            b)         Reorientate the doors to bedroom 3 to the west side.

 

It was resolved that the Section 96 Modification be approved with the exception of the proposed free-standing outbuilding (comprising cabana/shower/changeroom and bin room).

Condition 2 of the consent was:-

 

            “2.        The proposed outbuilding, comprising the cabana/shower/changeroom and bin room is to be deleted from the approved plans.”

 

It should be noted that the proposed outbuilding is not shown on the present plans submitted for consideration.

 

Work on the alterations and additions to the dwelling, including the pool is almost completed.

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (917m2)

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio        (max)

0.63:1 *

.5:1

no

Soft Landscaped Area  (min)

38%

35%

yes

Side Boundary Setback  (min)

unchanged

1.5m

n/a

Overall Height (m)        (max)

unchanged

9.5m

n/a

Ceiling Height (m)         (max)

unchanged

7.0m

n/a

No of Storeys

unchanged

2

n/a

Building Line     (max)

unchanged

7.5m

n/a

Foreshore Building Line(min)

n/a

n/a

n/a

Cut and Fill       (max)

unchanged

1m

n/a

Deck/Balcony width     (max)

unchanged

3m (if elevated by >1m)

n/a

Solar Access    (min)

unchanged

3 hours to north elevation

n/a

NaTHERs Rating          (min)

n/a

Min 3.5 stars

n/a

 

*          Includes wine cellar 20.9m2 in size which has been completely excavated into site under the existing dwelling and has been approved and also the storeroom 14.71m2 in area which is excavated into the site to the south of the cellar at garage level

 

SPA POOLS

 

 

PROPOSED

CODE

COMPLIES

Concourse Edge to Neighbour’s House  (min)

> 3m

3m

yes

Setback from boundary if concourse is <500mm above natural ground level  (min)

3.8m

 

3.65m

900mm -          from internal face of pool

450mm             from edge of concourse

yes

 

yes

Setback from boundary if concourse is >500mm above natural ground level  (min)

n/a

900mm from edge of concourse

n/a

Setback from boundary if concourse is >500mm above natural ground level and adjoins public open space   (min)

n/a

1:1 setback measured from concourse edge

n/a

Height (max)

1m

1800mm

yes

Setback if height is >1800mm (min)

n/a

1:1 setback measured from concourse edge

n/a

Screening of facade where > 1.0m above ground level?

n/a

Screening required

n/a

 

REFERRALS:

 

Development Engineer

 

Council’s Development Engineer has raised no objection to the proposal and has requested that the original conditions apply with the following additional conditions being imposed:

 

            Construction of a pedestrian access way

            Stairs must be constructed to allow pedestrian access along Robertson Street.  These stairs are to be constructed in accordance with Lane Cove Council’s Open Space requirements and the Building Code of Australia.

 

            Construction Bond.  The applicant shall lodge with Council a $5000 cash bond or bank guarantee to cover the satisfactory construction of the pedestrian accessway.  Lodgement of this bond is required prior to the issue of the construction certificate.”

 

These conditions are included in the recommendation in of the report.

 

Manager, Traffic

 

The Manager, Traffic has advised as follows:

 

            “Issues at hand are related to non-compliance with setback and splay associated with garage, severance of existing pedestrian desired line, sight distance etc.

 

            Requirements

 

            a.         Either reconstruct garage to meet original conditions of consent; or provide

 

            1.         Convex mirror to warn pedestrians/resident of each others movements

2.         Additional lighting required along stairway and at interface of garage/stairway

3.         An additional stairway offset from existing stairway required to reconnect pedestrian desired link to park.  This new stairway requires handrails.

4.         Additional lighting required on new stairway.”

 

These conditions are included in the recommendation of the report.

 

Manager, Open Space

 

The Manager, Open Space has advised as follows:

 

            “The S96 plans show a number of changes proposed.  I have no objections to the relocated garden steps and the deletion of the ground floor planter boxes.

 

            I have reviewed the Arborist reports provided which refer to the enlarged cellar area close to the fig tree.  The report prepared by Catriona McKensie dated 18 October 2006 recommends that supplementary drip irrigation be provided to the tree to ensure water can be provided during long dry spells.  The report also advises that the soil moisture levels below the deck are routinely tested to ensure the tree is receiving adequate moisture to maintain its health.  These recommendations are to be included as conditions of consent.

 

            The footpath along Ford St now stops at the new driveway.  I have a copy of a letter requesting that the path be continued to provide for access to the grassy reserve below the driveway and then on to the foreshore bushtrack through Gore Creek Reserve.  The Bushland Manager and I have inspected the site and require that the path is continued  beyond the driveway.  A flight of steel steps with a banister from the driveway down to the grassy reserve is to be located midway between the trunks of the Casuarina and Callistemon trees.  The construction of these steps are to be included as conditions of consent.”

 

Subsequently the comments of the Manager, Open Space were requested on a proposed layout for the stairs and are as follows:

 

            “OK with the proposal.  However no lights should be required at base of lower steps.  Planter beds outside their wall uphill from driveway to be maintained by applicant and to be of low growing plant species to the satisfaction of the Manager, Open Space.”

 

These conditions are included in the recommendation of the report.

 

Manager Bushland

 

n/a

 

Other (Heritage, Traffic, Waterways, Rural Fire Service)

 

The Lane Cove Local Environmental Plan 1987 lists No. 11 Robertson Street and Nos. 14 and 16 Ford Street as Heritage Items. In view of the above the Section 96 application was referred to Council’s Consultant Heritage Advisor for comment. The Heritage Advisor provided the following comments:

 

            “The proposal for modifications to the existing consent are minor in nature, and impose no additional impact on heritage items in the vicinity of Ford Street or Robertson Street.  I have no objection to the proposal.”

 

It should be noted that as the proposed work is considered minor the Section 96 application was not advertised in the local newspaper.

 

Lane Cove LOCAL Environmental Plan 1987 (Section 79c(1)(a))

 

The Section 96 Modification is permissible within the 2(a2) zoning under the Lane Cove LEP with Council’s consent.

The applicant has provided the following information in support of the application:         

 

“1.        Spa

 

                        The proposed location for the spa is next to approved swimming pool, it has no change to the existing site conditions and propose no further impact to the site or neighbouring properties.

 

            2.         Relocated Garden Stairs

 

                        The relocated stairs to the garden proposed minimal impact to the fig tree on site.  An arborist report is attached, please refer to the attached report from Urban Forestry Australia for information.

 

            3.         Proposal for Relocating A/C unit

 

                        The smaller A/C unit is proposed to remain in it’s current location.  This A/C has a dB rating of 66dB.  The larger A/C unit is to be relocated to the underside of pool deck.  This is done in agreement with the neighbour of 16 Ford St. 

 

An extract from the letter from C. & L. Campion of 16 Ford Street to P. & M. Hansen is provided below:

 

            “As per our discussions and agreement on the following items we have no objection to your Section 96 application to modify DA170/04 dated 20th December 2006.

 

            Air conditioner placement

 

            As agreed and noted in the application you will relocate the double unit A/C servicing downstairs to the underside of the pool deck as soon as practicable.

 

            The single A/C unit servicing upstairs (noise rated at 66DB) will remain at the eastern side of the house and we will monitor its noise levels in January 2007 to see if it requires additional noise reduction measures.

 

            Fence height to eastern boundary

 

            As noted in your application and previously agreed we have no objection to the height of this boundary wall which is 600mm higher than originally planned due to the increased deck level of your property and at this increased height we agree the wall does not require any additional screening to the top.

 

            Kitchen exhaust

 

            As noted in your application you will incorporate as soon as practicable a designed stainless steel flue to the kitchen exhaust ducts located immediately adjacent to our rear deck.”

 

Subsequently during a site inspection Mr. Campion advised Council Officers that the kitchen exhaust duct as raised still gave him undesirable odours.  He requested that the kitchen exhaust duct be raised above the eaves of No.16 Ford Street and the exhaust opening to be on the southern side of the duct instead of on the northern side.

 

            4.       Elevated Eastern Boundary Wall

 

                     The eastern boundary wall has been elevated by 600mm, and the lattice panel deleted.  This is done in agreement with the neighbour at 16 Ford Street.

 

            5.       Notional Splay by Ways of Bollards

 

                     It is proposed to install bollards on both side of the garage entry, as a notional splay to the garage entry.  This achieves the same aim as the splay wall and hence there is no further impact.

 

            6.       New Storeroom at Garage Level

 

                     The proposed new storeroom at garage level is underground and not visible from neighbouring properties, it does not have any impact on the site or its neighbouring property or add to the bulk of the building.

 

            7.       Balustrade to Driveway

 

                     New balustrade along western side of driveway, new balustrades to be built to relevant codes and requirements.

 

            8.       New Highlight Window to Lower Ground Floor Living Room

 

                     New highlight window to living room allows for more natural light into the space and enhance the space.  It has no overlooking issues and therefore it has minimal impact to the site and its surroundings.

 

            9.       Ground Floor Planter Boxes Deleted

 

                     Planter boxes to ground floor western terrace has been deleted, this has no effect and makes no impact to its surrounding properties. 

 

            10.     Stainless Steel Flue to Kitchen

 

                     It is proposed to fit stainless steel flue to kitchen exhaust, it is to be done to relevant standards and requirements.  The flue will exhaust above the eaves of both 11 Robertson Street and 16 Ford Street.

 

            11.     New Window to Ground Floor Living Room, Looking South

 

                     The new window opening has no overlooking issues, hence it has no impact to surrounding properties.

 

12.     Side Balcony to Bedroom 03 Deleted

 

                     The northern balcony to bedroom 03 is deleted.  This has minimal impact to the surroundings.  With the same roof gable as previous proposed balcony, the shadowing and overlooking condition remains the same and the proposal gives no further impact to the site and its neighbouring properties.

 

            13.     Reorientation of Robe to Attic

 

                     Works are internal and satisfactory.

                     The application proposes a Section 96 application to modify Development Consent No.D170/04.  The proposal results in no substantial change to the approved development.

 

                     The proposed modification to Development Consent No.D170/04 generally complies with all relevant state, regional and local planning policies.  Where a variation occurs this is considered to be minor and in keeping with the previously approved development.  The proposed development is appropriate in the locality and should be granted consent.”

 

A site inspection has revealed that the work has been carried out with the exception of:-

 

            1.       The elevated eastern boundary wall.

            2.       Notional splay by way of bollards.

            3.       Balustrade to driveway.

 

Other Planning Instruments

 

SECTION 96 – ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979

– JURISDICTIONAL PRECONDITIONS

 

The proposed Section 96 application pursuant to the Environmental Planning and Assessment Act 1979 needs to conform with the following Jurisdictional Preconditions:

 

(a)        Does the proposed modification has a minimal environmental impact?

 

Comment

 

It is considered that due to the nature of the development and the type of changes, the proposal would not adversely impact on the surrounding environment, in particular in terms of solar access, privacy and stormwater disposal.

 

The first jurisdictional point has therefore been satisfied.

 

(b)        Is the development to which the consent, as modified, relates essentially the same development?

 

Comment

 

The overall development is the same in terms of bulk and scale, height, building envelope, landscaping, car parking and appearance to that approved under Development Consent No. 170/04 dated 14 December 2004.

 

With the above amendments it is considered that there would be a continued existence of what, in substance, is the original development approval.

 

The second jurisdictional point has therefore been satisfied.

 

(c)        Has the application been notified in accordance with the Regulations?

Comment

 

The Section 96 application was advertised and no objections were received.

 

The third jurisdictional point has therefore been satisfied.

 

(d)        Will a prejudice be caused to any person who objected to the development application the subject of the consent?

 

Comment

 

All previous objectors to the original development application were notified of the current application and no objections were received.

 

The fourth jurisdictional point has therefore been satisfied.

 

The proposed Section 96 application conforms with the Jurisdictional Preconditions and therefore can be determined by Council.

 

SEPP No. 55 – Remediation of Land

 

Clause 7 of the SEPP requires Council to consider whether the land is contaminated.  Notwithstanding that site investigations have not been carried out, the current and previous use of the site and surrounding sites for residential uses would substantially reduce the possibilities of contamination.  Accordingly, there is considered to be no contamination issue.

 

SREP (Sydney Harbour Catchment) 2005

 

The subject site is within the Foreshores and Waterways area specified in SREP (Sydney Harbour Catchment) 2005 and Division 2 Clauses 20-27 of the SREP sets out matters for consideration for land within the Sydney Harbour Catchment.  The external changes proposed in the Section 96 Modification are considered to be minor only and to comply with the matters for consideration contained within the SREP.

 

Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b), and (1)(c))

 

The preceding policy assessment table identifies those controls that the proposal does not comply with. Each of the departures is discussed below.

 

1.         Floor Space Ratio

 

Council’s code specifies that the floor space ratio shall not exceed 0.5:1.

 

The floor space ratio approved under Development Application No.D170/04 was assessed as being 0.59:1. 

 

Under the first Section 96 Modification, the addition to the floor space ratio which was approved was the wine cellar which has an area of 20.9m2 making the floor space ratio 0.61:1.  The wine cellar is not visible and is completely underground.  The addition to the floor space ratio proposed with this Section 96 application is the proposed storeroom which has been constructed by excavating at the southern end of the cellar at the rear of the garage at garage level.  This store room has an area of 14.71m2 and therefore makes the floor space ratio 0.63:1.  This storeroom is not visible from outside the building, it does not add to the bulk of the building, it has no adverse impact on the adjoining properties or the streetscape.

 

2.         Garage Setback and Splays

 

Council’s Code for Dwellings specifies for garages a minimum setback of 1m from the street alignment and the provision of 1m by 1m splays on each side of the garage door.

 

Condition 2 of the approval given to Development Application No.D170/04 was:

 

            2.        The walls of the garage being set back one metre from the northern boundary and being provided with one metre by one metre splays for sight distance purposes on both sides of the garage doors.  There is to be no structure or planting in the splayed areas higher than 900mm.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.”

 

The walls and garage door have been built up to the boundary with Ford Street.

 

The rear boundary to the property is Ford Street which is an unmade street with a steep bitumen driveway down it.  From this bitumen driveway, a paved driveway to the subject garage has been constructed.  There are stone steps on the street approximately along the rear boundary with No. 11 Robertson Street which discharge onto the paved driveway to the garage.  There is a drop-off of approximately 2m on the western side of the paved driveway and a 1m high balustrade is proposed along the western edge of the driveway.  The garage walls and door have been built up to the boundary and not set back 1m and provided with a 1m x 1m splay in accordance with condition 2 of the approval given to Development Application No.D170/04.

 

It is proposed to install a bollard internally on each side of the garage door opening each 500mm from the Ford Street boundary and the side of the door opening so as motor vehicles would have to stay away from the sides of the door opening. 

The provision of the internal bollards to provide notional splays is considered unsatisfactory and not to provide an adequate solution for the garage doors not being set back and provided with 1m by 1m splays on each side of the garage doors as required by condition 2 of the consent given to Development Application No.D170/04.

 

The Development Engineer, Manager Traffic and Manager Bushland require stairs to be constructed on the western side of the driveway and it is considered that to provide safety and access for pedestrians using the stone stairs the following should be carried out:

 

            a.         A convex mirror shall be provided to the western side of the garage to warn pedestrians/residents of each others movements.

 

            b.         Additional lighting shall be provided along the stairway including at the top of the stairway and at the interface of the garage/stairway.

 

            c.         Removal of the Murraya shrub closest to the eastern side of the garage door in the planting strip to improve visibility.

 

            d.         A steel stairway located midway between the trunks of the Casuarina and Callistemon trees shall be constructed on the western side of the driveway to provide pedestrian access to Council’s grassed area.  The new stairway is to be provided with handrails and lighting.  These stairs are to be constructed in accordance with Lane Cove Council’s Open Space requirements and the Building Code of Australia.  No lights are to be installed at the bottom of the stair.

 

            e.         The applicant shall lodge with Council a $5,000 cash bond or bank guarantee to cover the satisfactory construction of the pedestrian access way.  Lodgement of this bond is required prior to the issue of the construction certificate for the Section 96 Modification work.

 

            f.          The installation of a section of handrailing at the top of the existing stairs for pedestrian safety.

 

            g.         The existing box drain running diagonally across the footpath at the top of the existing stairs, which it is advised is a safety hazard particularly in the wet shall be made safe for pedestrians to walk on without slipping.

 

            h.         The stormwater line located at the northwestern corner of the site shall be connected to Council’s stormwater system to Council’s satisfaction.

 

            i.          Planter beds outside the subject property uphill from the driveway shall be maintained by the applicant and to be of low growing plant species to the satisfaction of the Manager, Open Space.

           

These requirements have been discussed with the architect for the project and also conveyed to him by letter dated 29th May 2007.

 

The above condition would be imposed on any Section 96 approval.

 

3.         Elevated Eastern Boundary Fence

 

Council’s Code for Dwellings specifies a maximum dividing fence height of 1.8m.  The masonry fence is shown to have a height of 1.85m, but there is a timber deck 600mm high and a 600mm high elevation of the eastern boundary wall is proposed from the northern boundary for a length of 4.55m.

 

The adjoining owner at No.16 Ford Street, has advised, inter alia:

 

            “Fence height to eastern boundary

 

            As noted in your application and previously agreed we have no objection to the height of this boundary wall which is 600mm higher than originally planned due to the increased deck level of your property and at this increased height we agree the wall does not require any additional screening to the top.”

 

As both neighbours are in agreement, there is no objection to the height of the wall as proposed. It is considered that the proposed wall would not adversely impact on the streetscape or the surrounding area.

 

RESPONSE TO NOTIFICATION (Section 79C(1)(d))

 

No submissions were received in response to the notification of the application. 

 

CONCLUSION

 

The matters in the DOP Guidelines in relation to Section 79C considerations have been satisfied.  The proposed Section 96 application conforms with the Jurisdictional Preconditions pursuant to the Environmental Planning and Assessment Act 1979.  The Section 96 Modification is for minor changes to the originally approved plans and is recommended for approval.  The proposed development is substantially the same development as previously approved.  Also the proposed changes will not adversely impact on the amenity of the area.

 

EXECUTIVE MANAGER’S COMMENTS

 

The builder has undertaken a number of works without authorisation and against conditions contained in the original consent DA170/04.  In particular, marginally increasing the Floor Space Ratio and not setting back the garage 1 metre from the side boundary as required.  The proposed works have been undertaken and this report seeks to ensure any potential adverse impact is not only removed but be seen to be made better.  That is, the applicant was advised that this application would only be supported if the intent of the original consent was to be maintained.  To the applicant’s credit, all impact issues have been addressed to Council’s highest standards for traffic safety/pedestrian access and a nil increase in bulk of the existing building.  I am therefore in a position to support this application.

 

RECOMMENDATION

 

That the Section 96 application to modify Determination Notice - Development Application No.D170/04A be approved and the following conditions be modified/deleted:-

 

·   Amended condition No. 1 to read:

 

1a.       (20) That the development be strictly in accordance with drawing numbers 0313-A05 Rev. F, A06 Rev. F, A07 Rev. F dated 20.12.06, A08 Rev. G, A11 Rev. G dated 21.12.06, A9 Rev. H, A10 Rev. E dated 19.12.06, A04 Rev. F dated 24.4.07 and A04  Rev. G dated 24.4.06 by Bureau SRH Pty. Ltd.

 

1c.       The kitchen exhaust duct shall be raised above the eaves of No.16 Ford Street and the exhaust opening being on the southern side of the duct instead of the northern side.

 

·   Delete condition No. 2 and replace as follows:

 

2.         To provide access and safety for pedestrians using the stone stairs in Ford Street adjacent to the garage the following shall be provided:

 

            a.         A convex mirror shall be provided to the western side of the garage to warn pedestrians/residents of each others movements.

 

            b.         Additional lighting shall be provided along the stairway including at the top of the stairway and at the interface of the garage/stairway.

 

            c.         Removal of the Murraya shrub closest to the eastern side of the garage door in the planting strip to improve visibility.

 

            d.         A steel stairway located midway between the trunks of the Casuarina and Callistemon trees shall be constructed on the western side of the driveway to provide pedestrian access to Council’s grassed area.  The new stairway is to be provided with handrails and lighting.  These stairs are to be constructed in accordance with Lane Cove Council’s Open Space requirements and the Building Code of Australia.  No lights are to be installed at the bottom of the stair.

 

            e.         The applicant shall lodge with Council a $5,000 cash bond or bank guarantee to cover the satisfactory construction of the pedestrian access way.  Lodgement of this bond is required prior to the issue of the construction certificate for the Section 96 Modification work.

 

            f.          The installation of a section of handrailing at the top of the existing stairs for pedestrian safety.

 

            g.         The existing box drain running diagonally across the footpath at the top of the existing stairs, which it is advised is a safety hazard particularly in the wet shall be made safe for pedestrians to walk on without slipping.

 

            h.         The stormwater line located at the northwestern corner of the site shall be connected to Council’s stormwater system to Council’s satisfaction.

 

            i.          Planter beds outside the subject property uphill from the driveway shall be maintained by the applicant and to be of low growing plant species to the satisfaction of the Manager, Open Space.

 

·   Condition No. 24 shall be deleted.

 

·   Condition No. 32 shall be deleted.

 

·   The additional conditions are as follows:-

 

61.       (300)  A Tree Preservation Order applies in the Lane Cove local government area. The order prohibits the cutting or removal of any tree except with the consent of Council, which must be strictly and fully complied with, and the penalty for contravention of this order is up to One million one hundred thousand dollars ($1,100,000).  The co-operation of all residents is sought in the preservation of the bushland character of the Municipality.  All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.

 

62.       (301)  Prior to any works commencing on site a Tree Preservation Order Work Authority must be obtained to remove or prune those trees identified on the approved plans to be removed or pruned for construction.

 

63.       (302)  The protection on site, without damage, of all existing trees, excepting those shown in the approved plan to be removed or pruned.  Irrespective of this consent permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.

 

64.       (303)  There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.

 

65.       (305)  All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974.  If during the course of construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.

 

66.       (308)  Rubbish must be stored in sealed in a locked container / cage.  Any  building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

 

67.       (314)  All street trees to be retained must be protected during the construction process. A recommended construction approach for the proposed street footpath where the path is in close proximity to approved trees to be retained is to be addressed and provided in the approved Arboriculturalist report.

 

68.       (316)  The applicant must obtain a Tree Preservation Order Work Authority before trimming any overhanging tree growing in the adjacent reserve/park/nature strip.  The work must be done by a suitably qualified and experienced Arboriculturalist, and must be supervised by Councils Tree Preservation Officer, who is to be given at least 2 business days notice.

 

69.       Supplementary drip irrigation is to be provided to the Port Jackson Fig tree to ensure water can be provided during long dry spells. Soil moisture levels below the deck must be routinely tested to ensure the tree is receiving adequate moisture to maintain its health. 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

2 Pages

 

AT‑2 View

Neighbour Notification Plan

1 Page

 

 

CNL160707ES_140.doc

*****   End of Environmental Services Division Report No. 140   *****

 


ORDINARY COUNCIL

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 17

 

16 JULY 2007

 

 

 

 

Ordinary Council at the Meeting 16 July 2007

5/07/2007 to Ordinary Council

Environmental Services Division Report No. 17

Subject:           Delegated Authority Report - May/June 2007    

Record No:     SU1863 - 17821/07

Author(s):       Michael Mason 

 

 

 

During the month of May 2007 a total of 48 Development Applications were determined under delegation by staff.  2 applications (194 Pacific Highway and 3 Christina Street) were determined by Council.  In addition 6 Construction Certificates and 16 Privately Certified Construction Certificates were issued.  There were 7 Complying Developments approved in May.

 

During the month of June 2007 a total of 39 Development Applications were determined under delegation by staff.  3 applications (6 Arding Street, 8 Kimberley Avenue, 8 Cobden Avenue) were determined by Council.  In addition 8 Construction Certificates and 15 Privately Certified Construction Certificates were issued.  There was 1 Complying Development approved in June.

 

At Council’s meeting of 7 May 2007 it was resolved that:

 

            “A further report be prepared on complaints received by Council concerning Private Certifiers”.

 

There were 12 complaints recorded against Private Certifiers since January 2006 to present, these complaints are also shown in the monthly Divisional Report.  Current actions afoot are 24 Flaumont Avenue and 81 Austin Street.

 

 

 

RECOMMENDATION

 

That the report ‘Delegated Authority Report – May/June 2007’  be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Development Applications determined for May 2007

7 Pages

 

AT‑2 View

Development Applications determined for June 2007

6 Pages

 

 

CNL160707ES_17.doc

*****   End of Environmental Services Division Report No. 17   *****

 


ORDINARY COUNCIL

 

HUMAN SERVICES DIVISION REPORT NO. 12

 

16 JULY 2007

 

 

 

 

Ordinary Council at the Meeting 16 July 2007

9 July 2007 to Ordinary Council

Human Services Division Report No. 12

Subject:           Lane Cove Aquatic Centre - Closure 2007    

Record No:     su2114 - 18227/07

Author(s):       Jane Gornall 

 

 

Executive Summary

 

The Lane Cove Aquatic Centre closed for preventative maintenance of the 2nd July to reopen on Saturday 14th July. This is the first time that the Centre has closed since it was officially opened in September 2001. The closure gave Council and the Licensee a chance to undertake a range of works that cannot be safely carried out during Pool opening hours. The normal operating hours of the Centre are:

 

 Mon - Fri           6.00 a.m. - 9.00 p.m.;  Sat & Sun          6.00 a.m. - 8.00 p.m.

 

The Lane Cove Swimming Club has access to the building half an hour before the public on weekdays.

 

The works scheduled for the closure are listed below. It is recommended that Council consider closing the Centre for a period of up to ten days each year to allow for maintenance work to be conducted. The number of days for the annual closure would be dependant on the range of works to be undertaken.  An annual closure should ensure that the Centre continues to maintain a high standard and be considered a community asset.  As at the date of the Report, no complaints have been received from Aquatic Centre users regarding the closure.

 

A number of photographs are attached (Attachment 1) showing the work in progress.

 

Discussion

 

The following works have been carried out by Council during the closure:-

 

·    Removal of rust from steel structure (windows and opening doors – adjacent to the outdoor pool)

·    Removal of rust from the handrails throughout

·    Removal of rust from the area above the spa pool

·    Repairs to the scum gutter in the Leisure Pool

·    Refurbishment of the large metal signage – throughout

·    Refurbishment of the metal air-handling ducting and cable channels

·    Preliminary removal of rust on the outside of the lift

·    New fire alarm installed; Emergency evacuation system upgraded

 

Some additional work to better vent the heat from the Spa Plant room will need to be completed after the Centre has re-opened. This will involve closure of the spa for a day. 

 

The following works have been carried out by the Licensee during the closure:-

 

·    Leisure and Programme Pool emptied and cleaned. This included the cleaning of the handrails within the Pools themselves

·    Kiosk operator replaced

·    Organisation of new vending machines

·    Painting of a variety of surfaces

·    Repairs/replacement of high-level lights

·    Removal of rust from door signs

·    Installation of new computer system

·    Full clean of the building

·    Sauna painted

·    New spa pump installed

 

As with most renovations/work programmes – a number of issues also arose that required attention, including:-

 

·    Removal of rust within the ceiling above the air-handling ducting and repositioning of the insulation, including moving the insulation away from the ducting to ensure that there is no moisture transfer.

·    Rust treatment on the fire alarm panels

·    Painting on the ceiling above the spa.

 

Storm Damage

 

On the 9th June, 2007 – the ripple foil eaves linings on the southern end of the Pool were severely damaged during one of the winter storms. It was decided to try to repair as much of the damage caused to the eaves whilst the Centre was closed. The original 1200mm width eaves panels are no longer available, in their place, Council and the Insurance company have agreed to replace the 1200 mm spans with 600mm. The same lining is used within the Centre (at 1200mm). The newly installed 600mm will line up with the existing internal work and will have the additional benefit of providing greater stability. While the scaffolding was erected on the 6th and 7th of July – rain delayed the commencement of the work. The contractors spent their time cutting sheets to size ready to install. They also offered advice on the internal ceiling above the air-handling ducting. Due to the rain delay the work will continue after the Centre re-opens but should not affect the amenity of pool users.  The storm damage costs are covered under Council’s Insurance Policy. Photograph 5 (on Attachment 1)  shows the extent of the damage and the scaffolding in place.

 

 

Conclusion

 

The closure has facilitated the undertaking of a range of remedial work at the Aquatic Centre. These works are not able to be undertaken during normal operating hours or overnight due to safety concerns and the time taken to assemble and disassemble equipment.  It is recommended that Council consider an annual closure in order to maintain the Centre.

 

 

 

 

RECOMMENDATION

 

That:-

 

1.   The Report on the work undertaken at the Lane Cove Aquatic Centre during the closure (July 2-14) be received and noted.

 

2.   An annual closure of the Centre to facilitate preventative maintenance be approved.

 

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Photos as attachment to Human Services report 18227/07

3 Pages

 

 

CNL160707HS_12.doc

*****   End of Human Services Division Report No. 12   *****

 


ORDINARY COUNCIL

 

HUMAN SERVICES DIVISION REPORT NO. 17

 

16 JULY 2007

 

 

 

 

Ordinary Council at the Meeting 16 July 2007

10/07/2007 to Ordinary Council

Human Services Division Report No. 17

Subject:           2007 Shoreshocked Festival    

Record No:     SU1906 - 18406/07

Author(s):       Kylie Gleeson; Jane Gornall 

 

 

Executive Summary

 

Shoreshocked is the annual Youth Week festival organised by the Youth Workers from Lane Cove, North Sydney, Mosman and Willoughby Councils for young people in the Lower North Shore. The Festival has been running for the past 15 years and has grown in popularity over the years. Working on a regional basis has allowed Lane Cove (and the other Councils) to present a much broader and more exciting Festival than Council’s could individually organise. It also facilitates regional co-operation. 

 

Background

 

The target group for Shoreshocked is young people aged 12-25 years however on the day there is a broad range of people from young families to seniors coming along to celebrate youth culture.

 

The total cost of Shoreshocked for 2007 was $45, 000. The event is funded through:-

 

     $25,000 from Lane Cove, Mosman, North Sydney and Willoughby Councils. Each Council contributed varying amounts; Lane Cove $6,000, North Sydney $11,000, Mosman $4,000 and Willoughby $4,000. This includes some funding from the Commonwealth Government for Youth Week totalling $5,500.

     Telstra $15, 000.  This is an increase of $7,500 from 2006

     Mosman Rotary Club and income generated from the markets with individual vendors paying a set site fee to Bizarre Marketing to coordinate the markets with half of the income generated being passed onto Shoreshocked.

 

A range of other in-kind or heavily reduced pricing is given for a range of things including advertising and equipment hire to the value of approximately $10, 000.  The companies included Norwest Production supplying discounted sound equipment and production staff, Chameleon lighting provided discounted lighting and staffing, Silver Entertainment provided all printed promotional material at cost price, Street press magazines Drum Media and 3D World provided discounted advertising rates, FBI radio wrote, produced and played a Shoreshocked radio ad and Festival Hire provided tents, chairs and staging at a discounted rate.  

 

Discussion

 

In 2007, Shoreshocked was held on Saturday 14th April from 12 noon – 7pm in St Leonards Park in North Sydney. This is a large, centrally located, parkland area adjacent to North Sydney Oval that is accessible by bus and train.

 

Staff work on Shoreshocked throughout the year – ensuring that critical elements - such as sponsorship, planning, consultation with young people, promotion, financial management, administration and implementation all come together.  Preparation for Shoreshocked allows the youth workers to share skills and expertise with new workers, with the more experienced workers acting as mentors. This has been of benefit to Lane Cove and to the other Councils involved.

 

In addition to the Councils, there were a number of stakeholders involved in Shoreshocked 2007:-

 

     Telstra- major sponsor ( contributing $15,000)

     North Sydney Local Area Command (Police)

     North Sydney Police Citizens Youth Club

     St John Ambulance NSW

     Mosman Rotary Club

     FBI Radio – an  independent and not for profit music station

 

The main event objectives of Shoreshocked are to:-

 

     Provide an event that is safe, fun and inclusive of all young people.

     Provision of drug and alcohol free entertainment.

     The opportunity for young people – especially local young people to perform and showcase their skills.

     To highlight the positive contribution young people make to the community.

     Provide an opportunity for young people to be involved in the planning and implementation of a large-scale event, acquiring a range of skills.

 

Shoreshocked has four main areas: - Main stage, Hip Hop, Dance and Chill Out.  Live bands are featured on the main stage and include well known bands as well as up and coming local bands. Synergy Youth Centre hosted a band competition, Preshocked to select local bands to play on the main stage alongside the big headlining bands Dallas Crane, Sparkadia and Teenagers in Tokyo. Around 250 attended Preshocked at Synergy Youth Centre in February to watch eight local bands compete. The competition was fierce with the judges having to make some tough decisions. The top four bands that went on to perform at Shoreshocked were Upfunk Creek, The Scream, Lost Echoes and Thin Air. Three of the winning bands have previously performed at Synergy Band nights and it has been fantastic to watch there development.  

 

The Hip Hop tent is always very popular with some amazing talent on display. From DJ’s to MC’s to bands and freestyle rapping competitions the Hip Hop tent has it all.  The Dance tent is better know as the DJ tent this area is popular and having a DJing event during daylight hours is a novelty for young people as most Dance parties start well into the evening.  The Chill Out area includes an acoustic area. Bands playing in the Acoustic Tent provided the backdrop to a range of fun activities for young people to enjoy such as hand massage, face painting, henna tattoo, badge making and the Shoreshocked photo booth.  There are also rides. Food and market stalls as well a range of information on services that are available to young people.

 

Shoreshocked has a professional marketing approach which includes:-

 

     T shirts

     Shoreshocked website – www.shoreshocked.com

     Flyer and postcard distribution

     Media releases to local papers

     Advertising in street press such as Drum Media

     FBI radio

 

Shoreshocked is a great opportunity to promote important messages such as the environment, road safety and drugs alcohol to young people and the community in general. This year the event was supported by Council’s Environmental Education Officers and the event was powered by Green Power.  Environmental messages were communicated via the Green Power Big Screen.  Local young people joined The Crew program from SBS Television in crafting ‘green’ messages.  The Crew filmed at Shoreshocked on the day and some of the footage was screened on SBS the following week.

 

In 2004, 2005 and 2006 there has been between 8,000 -10,000 young people attending throughout the day. Unfortunately in 2007 numbers were significantly less.    The reduction in crowd numbers was attributed to a number of reasons including:-

 

     it was the middle of school holidays, and there had been a number of bands performing at the Easter Show during the week leading up to Shoreshocked.

     Perceived over policing of the event. The numbers of Police working exclusively at Shoreshocked was approximately 50 officers and the policing included the use of drug detection dogs and the searching of numerous people. The organising committee is committed to providing a safe, secure and drug and alcohol free event but were disappointed in the way in which these issues were addressed on the day.

 

A meeting was held after Shoreshocked between Police representatives, North Sydney Council management and a Shoreshocked Organising Committee representative to discuss issues from Shoreshocked. The meeting was constructive with the Police restating their position that enforcement of “alcohol and drug free” character of the event was successful. They did acknowledge that the impact on crowd numbers was severe, and appreciated that all participating Councils wished to address this. North Sydney Council offered to provide North Sydney Oval as the venue to hold Shoreshocked 2008. The Police responded if this was the case, their presence inside the venue would be relatively unobtrusive. Shoreshocked is being planned to take place within the Oval in 2008.

 

Conclusion

 

It is important to note that there were a significant number of positives that came from the day including:

-     Creating opportunities for young people

-     Exposure and support for young performers

-     Event management skills and vocational direction

-     Volunteers working as part of team and feeling ownership over the event

-     Skill development for Workers

-     Collaboration and partnerships between Councils which improves working relationships and shared knowledge across the Lower North Shore

-     Fun and free recreational opportunity for young people

-     The opportunity to express, acknowledge and celebrate youth culture in keeping with the purpose of Youth Week

-     Opportunity for community organisations to engage with young people including Lane Cove Library and Delvena Womens Refuge

-     Educate young people about environmental issues in a large arena

 

The 2008 Shoreshocked Organising Committee is beginning to work out the logistics and resourcing, including sponsorship that is needed to run Shoreshocked 2008 inside the grounds of North Sydney Oval.  It is anticipated that 2008 will be bigger and better than 2007.

 

 

RECOMMENDATION

 

That Council receive and note the report on “2007 Shoreshocked Festival”.

 

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

 

ATTACHMENTS:

There are no supporting documents for this report.

CNL160707HS_17.doc

*****   End of Human Services Division Report No. 17   *****

      

 


ORDINARY COUNCIL

 

16 JULY 2007

 

 

 

 

***** END OF AGENDA *****