Lane Cove Council

 

 

 

 

 

Ordinary Council

 

 

 

AGENDA

 

 

 

DATE OF MEETING:          20 August 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

 

20 AUGUST 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

 

Confidential Items

 

1.       General Managers Report No. 23

SUBJECT: In House Legal Services

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing.

 

2.       Human Services Division Report No. 19

SUBJECT: Lane Cove Aquatic Leisure Centre

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing.

  

SUSPENSION OF STANDING ORDERS

 

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

 

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

 

3.      ORDINARY COUNCIL MEETING - 6 AUGUST 2007

 

 

 

 

 

 

Mayoral Minutes

 

4.       Mayoral Minute No. 4

SUBJECT: Local Government Inquiry Recommendations

 

Orders Of The Day

 

5.       Order Of The Day No. 5

SUBJECT: Citizenship Ceremony

 

6.       Order Of The Day No. 16

SUBJECT: Council and Committee Meeting Schedule - September 2007

 

Environmental Services Division Reports

 

7.       Environmental Services Division Report No. 292

SUBJECT: 26 and 28 Henley Street, Lane Cove West

  

QUESTIONS WITHOUT NOTICE

 

 

 

 

 

 

 

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

 

  


ORDINARY COUNCIL

 

MAYORAL MINUTE NO. 4

 

20 AUGUST 2007

 

 

 

 

Ordinary Council at the Meeting 20 August 2007

13/08/2007 to Ordinary Council

Mayoral Minute No. 4

Subject:           Local Government Inquiry Recommendations    

Record No:     su911 - 22751/07

Author(s):       Councillor Ian Longbottom 

 

 

Executive Summary

 

The Local Government and Shires Associations of NSW have provided their positions on all 49 recommendations of the Independent Inquiry into the Financial Sustainability of NSW Local Government. The attached table outlines the Associations’ positions on the recommendations and the work already underway to respond to the Inquiry.

 

Background

 

In July 2007, after about one year of work, the Strengthening Local Government Task Force provided to the Associations its positions and actions on all 49 recommendations of the Independent Inquiry into the Financial Sustainability of NSW Local Government. The Associations endorsed these positions and actions on 5 July 2007 and subsequently submitted them to the NSW Government for a whole-of-government response.

 

Positions and actions have mainly been developed by the task force’s five expert working groups:

 

·    Intergovernmental Relations and Community Relations;

·    Financial Management;

·    Corporate Governance and Performance Measurement;

·    Resource Optimising and Capacity Building; and

·    Promoting Local Government Leadership.

 

The work of the task force and its working groups was guided by principles including:

 

·    The positions and actions should be sectoral ones including all key Local Government stakeholders; 

·    Stakeholders should work together in partnership; 

·    Existing initiatives should be recognised and actively promoted in order to not duplicate efforts; and

·    Deliberations should be consensus based, open and transparent.

 

To facilitate this sectoral response the task force comprised key local government stakeholders, including the Presidents, Executive members and the Secretary General of the Associations, the Presidents of the Local Government Managers Australia (LGMA), NSW Division, and the Institute of Public Works Engineering Australia (IPWEA), NSW Division, Associate Professor Graham Sansom, Director of the University of Technology Sydney’s Centre for Local Government, and, as a permanent observer, the Deputy Director General of the Department of Local Government. Working groups comprised a wide range of experts and professionals from the Local Government sector, social, environmental and community groups, government departments and businesses.  

 

The task force contributed to and promoted the other important initiatives such as the Department of Local Government’s Integrated Planning and Reporting Project, the asset management position paper prepared by the Department of Local Government and the NSW Infrastructure Task Force, the Strategic Alliance Network, Local Government Procurement, the LGMA Good Practice Toolkit, and the national Infrastructure Financial Management Guidelines currently being developed by the National Asset Management Strategy (NAMS) Committee.

 

The task force widely consulted throughout NSW via workshops and roundtables and established a comprehensive program website (www.StrengtheningLG.lgsa.org.au).

 

Discussion

 

The priority issues identified in the positions table include:

 

Intergovernmental Relations

 

The inquiry recognised the importance of good intergovernmental relations and recommended the signing of an intergovernmental agreement. The Associations are also committed to working closely with the State Government on the implementation of the State Plan which will guide the delivery of services in NSW over the next 10 years.

 

To be successful, the State Plan must be delivered locally. This can only be achieved if the State Government, individual agencies, and councils all work together horizontally and vertically at the local level. The signing of an intergovernmental agreement would strengthen relationships at the local level, help clarifying mutual roles and responsibilities, and send a strong message to the Local Government sector that the State Government wants to work closely with it.

 

Integrated Planning and Reporting

 

The current review of the strategic and financial planning and reporting system for councils presents an important opportunity to change the current, integration-lacking planning and reporting requirements and establish a new, integrated strategic planning framework that focuses on outcomes for the community and links State and Local Government priorities. Whilst work is well underway much more needs to be done to reduce red tape and integrate the plans of state agencies into the process.

 

Asset Management

 

The inquiry found that only 20 per cent of councils have adequate asset management systems and practices in place. It is critical that all councils adopt asset management systems with consistent asset accounting practices. This will enable them to better assess priorities and trade-off and make decisions that most effectively and efficiently use council’s asset portfolio and can be funded over the long term from council resources. Improving asset management systems and practices should be closely linked to the integrated planning and reporting review and the Associations will continue to work with the Department of Local Government to address these issues.

 

 

Resource Sharing

 

The Associations support resource sharing and with the Department of Local Government are jointly hosting the Strategic Alliance Network Conference in August 2007 to further promote resource sharing initiatives including Local Government Procurement and the LGMA Good Practice Toolkit.

 

Rate Pegging and Financial Assistance Grants

 

The inquiry recommended that the Commonwealth and the State Government increase grant funding for infrastructure, and that as a trade-off for councils implementing longer term strategic and financial planning, rate pegging should be removed. The Associations strongly support these recommendations and are actively promoting long term strategic and financial planning and reporting.

 

Reform Assistance

 

The priority issues and activities outlined above represent the biggest changes to NSW Local Government in decades. The successful implementation of these structural, financial and administrative reforms will depend on a reform implementation program financially supported by the State Government.

 

Comment

 

The Associations generally welcomed the inquiry’s findings and recommendations. If implemented, some of the recommendations could represent the biggest changes to Local Government in decades.

 

The Associations’ positions table outlines the next steps forward and should form the basis for continued work by the Local Government sector in NSW as a whole.

 

The support of councillors and council in promoting this work is critical. The Associations particularly seek your support in calling for a whole-of-government response and the establishment of a reform implementation fund.

 

 

RECOMMENDATION

 

That Council acknowledge and endorse the Associations’ positions on the 49 recommendations of the Independent Inquiry into the Financial Sustainability of NSW Local Government and call on the Minister for Local Government to coordinate a whole-of-government response and establish a reform implementation fund.

 

 

 

 

 

 

 

 

 

 

 

 

 

Councillor Ian Longbottom, Mayor

West Ward

Lane Cove Council

 

 

 

ATTACHMENTS:

AT‑1 View

LGSA Position on the Recommendations of the Local Government Inquiry

31 Pages

 

 

CNL200807MM_4

*****   End of Mayoral Minute No. 4   *****

       


ORDINARY COUNCIL

 

ORDER OF THE DAY NO. 5

 

20 AUGUST 2007

 

 

 

 

Ordinary Council at the Meeting 20 August 2007

6/08/2007 to Ordinary Council

Order Of The Day No. 5

Subject:           Citizenship Ceremony    

Record No:     su28 - 21826/07

Author(s):       Anita Holesgrove 

 

 

Executive Summary

 

The Mayor will preside over an Australian Citizenship Ceremony to be held in the Council Chamber on Wednesday 29th August 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 Citizenship Ceremony on 29 August 2007 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.

CNL200807OD_5

*****   End of Order Of The Day No. 5   *****

 


ORDINARY COUNCIL

 

ORDER OF THE DAY NO. 16

 

20 AUGUST 2007

 

 

 

 

Ordinary Council at the Meeting 20 August 2007

14 August 2007 to Ordinary Council

Order Of The Day No. 16

Subject:           Council and Committee Meeting Schedule - September 2007    

Record No:     SU1915 - 22762/07

Author(s):       Myrna Eisenhuth 

 

 

Executive Summary

 

Council and Committee Meeting Schedule – September 2007

 

September 1                 Inspection Committee

 

September 3                 Ordinary Council

                                    Planning and Building committee

                                    Services and Resources Committee

 

September 17               Ordinary Council (Mayoral Election and Committee Representation).

                                    Planning and Building Committee

                                    Services and Resources Committee

 

 

RECOMMENDATION

 

That the Council and Committee Schedule for September 2007 be adopted.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

 

ATTACHMENTS:

There are no supporting documents for this report.

CNL200807OD_16

*****   End of Order Of The Day No. 16   *****

      


ORDINARY COUNCIL

 

20 AUGUST 2007

 

 

 

 

Ordinary Council at the Meeting 20 August 2007

31/07/2007 to Ordinary Council

Environmental Services Division Report No. 292

Subject:           26 and 28 Henley Street, Lane Cove West     

Record No:     DA07/143-01 - 21105/07

Author(s):       Michael Mason 

 

 

Property:                                 Lot A DP 373006 and Lot 52 DP 6886

                                                Nos.26 and 28 Henley Street, Lane Cove West

 

DA No:                                    D143/07

 

Date Lodged:                           25th May 2007

 

Cost of Work:                          Nil

 

Owner :                                   I. and S. Longbottom

 

Author:                         Connor Siwak & Associates

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Subdivision of the existing two (2) residential lots into three (3) residential lots

ZONE

Residential 2(a2) Lane Cove Local Environmental Plan 1987

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

n/a

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                               22, 24, 26, 28, 30 Moore Street; 35, 37, 39 Cullen Street; 17, 24 Henley Street

Ward Councillors                     Teirney and Gaffney

Progress Association                Lane Cove West Residents’ Association

 


REASON FOR REFERRAL:

 

This matter is brought before Council as the property is owned by a councillor.

 

EXECUTIVE SUMMARY:

 

·        The proposal seeks a subdivision of two allotments into three allotments.

·        The application complies with Council’s minimum site area requirements.

·        The proposal attracted no objections.

 

The application is recommended for approval subject to standard conditions.

 

BACKGROUND:           

      

The proposed development is for the subdivision of the existing two (2) residential lots into three (3) residential lots. The new lot created would be a battleaxe lot at the rear of the existing parcels with an access handle off Henley Street.

 

THE SITE:

 

The overall site is known as 26 and 28 Henley Street Lane Cove West.

 

The existing lots are located on the northern side of Henley Street. An existing reserve is opposite the subject land.

 

The existing lots are Lot A DP 373006 and Lot 52 DP 6886. The overall site is an irregular parcel of land with the southern frontage to Henley Street of 38.1m, side boundaries of 45.72m (western boundary) and 44.805m (eastern boundary) and a rear boundary of 47.083m. The site has a total area of 1848m2.

 

Both existing lots are in the one ownership.

 

EXISTING DEVELOPMENT:

 

The existing development comprises of the following:

 

26 Henley Street

 

This site currently has a two-storey dwelling house located at the front of the site with a carport and garage located behind the carport and adjacent to the western boundary.

 

28 Henley Street

 

This site currently has a single-storey dwelling house located at the front of the site with a carport and garage located behind the carport and adjacent to the eastern boundary.

 


SURROUNDING AREA:

 

The surrounding area consists of detached single and two storey dwelling houses of varying scale. It is considered that the proposed lot layout would not be inconsistent with the likely future development of the surrounding area.

 

A number of battleaxe allotments exist within the surrounding residential area.  See attachment AT1 for a location plan.

 

PROPOSAL:

 

The application is for the subdivision of the existing two (2) residential lots into three (3) residential lots.

 

The areas of the proposed allotments are as follows:

 

·    Proposed lot 1 – 550m2

·    Proposed lot 2 – 568.03m2 (new lot)

·    Proposed lot 3 – 629.76m2

 

The proposed rear lot (lot 2) would have vehicular and pedestrian access over the existing vehicular crossing from Henley Street and via a proposed access handle 3.5m wide. The access handle has a total area of 100.24m2, separate and excluded from the overall total size of the new rear lot. The proposed lot 3 (existing No 26 Henley Street) would also utilise the existing vehicular crossover. A new crossover is proposed for lot 1 in the south west corner of that new lot.   See attachment AT2 for a layout plan.

 

The existing dwelling house on proposed lot 1 (existing No 28 Henley Street) would remain. However, the existing carport and garage are to be removed to make way for the 3.5m wide access handle to the new lot. As previously mentioned a new crossover is proposed in the south western corner of proposed lot 1 for vehicular purposes.

 

The existing dwelling house, carport and garage on proposed lot 3 would remain.

 

Following subdivision, the proposed new lots (lot 1 and 3) that contain the two existing dwellings would comply with Council’s requirement for dwelling houses in terms of density, solar access and particularly in relation to the provision of the 35% natural/ soft landscaping requirement.

 

The applicant has provided details of two potential “building zones” or locations for a future dwelling house on the allotment.  See attachment AT3.

 

CONSERVATION STATUS:

 

The subject site is not listed as a Heritage Item under Lane Cove Local Environment Plan 1987, not located within a Heritage Conservation Area, would not have any adverse impact on any nearby Heritage Item and has no Archaeological Significance.

 


ASSESSMENT:

 

Section 79C(1)(a) The provisions of any environmental planning instrument, any draft environmental planning instrument that is or has been placed on public exhibition, any development control plan, and any matter prescribed by the regulations.

 

STATUTORY REQUIREMENTS

 

The subject site is zoned Residential 2 (a1) under Lane Cove Local Environmental Plan 1987.

 

Lane Cove Local Environmental Plan 1987

 

Draft Amendment No 50 – Acid Sulfate Soils

 

Comment:

 

The subject site is not affected by Acid Sulfate Soils.

 

Aims & objectives (Cl. 2)

 

Comment:

 

The proposed development satisfies the Aims and Objectives of the Lane Cove Local Environmental Plan 1987. The proposed residential subdivision would be consistent with the predominantly existing and likely future fabric of the area.  There are existing a number of battleaxe subdivisions in the area.

 

Consent authority (Cl. 7)

 

Comment:

 

Lane Cove Council is the Consent Authority

 

Zoning/permissibility (Cl. 8, 9)  

 

Comment:

 

The site is zoned Part Residential 2 (a1) under Lane Cove Local Environmental Plan 1987.

 

The proposed subdivision of land is permissible with the consent of Council.

 

Environmental protection (CL.11)

 

Comment:

 

The site is not located within or near an Environmental Protection Area.

 


Subdivision of land (Cl. 12)

 

Comment:

 

Pursuant to Clause 12 the subdivision is permissible with the consent of Council.

 

Preservation of trees (Cl. 16)

 

Comment:

 

Currently a number of trees exist within the overall site. The site has been inspected by Council’s Landscape Architect and Council’s Tree preservation Officer in relation to the removal of certain trees on site to accommodate the subdivision, in particular the location of certain trees in the proposed access handle area. The comments from the relevant officers are provided later in this report.  No objection has been raised to the removal of these trees given their species and health.

 

Heritage (Cl. 18A and E)

 

Comment:

 

The subject site is not listed as a Heritage Item under Lane Cove Local Environment Plan 1987, not located within a Heritage Conservation Area, would not have any adverse impact on any nearby Heritage Item and has no Archaeological Significance.

 

SEPP No 11 (Traffic generation)

 

The proposal does not require referral pursuant to SEPP No 11 – Traffic Generating Development.

 

SEPP No 19 (Bushland in urban areas)

 

The subject site does not adjoin Bushland. The SEPP does not apply to the development application.

 

SEPP No 44 (Koala habitat)

 

The subject site is less than 10,000m2 (1848m2). The SEPP does not apply to the development application.

 

SEPP No 55 (Remediation)

 

The provisions of State Environmental Planning Policy No 55 – Remediation of Land require that Council investigate the likelihood that the site has previously been contaminated and to address the methods necessary to remediate the site.

 

Research of Council’s files suggests that the site has been used for residential purposes for a number of years and therefore it is unlikely that the site is contaminated.

 


APPLICABLE REGULATIONS

 

The proposal involves the subdivision of the existing two (2) residential lots into three (3) residential lots. To facilitate the new lot by the provision of a new access handle the proposal also involves the removal of a carport and garage on one of the existing lots. Under Clause 92 of the Environmental Planning and Assessment Regulation 2000, Council must take into consideration Australian Standard (AS 2601-1991): The Demolition of Structures as in force July 1993. The matter may be addressed by a condition of consent (refer Condition No 23 of the Conditions of Consent).

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

 

The proposal has been considered with regard to the Regional Environmental Plan. The proposed subdivision would not impact upon the environmental quality of the Sydney Harbour Catchment in terms of the site’s location.

 

Residential Zones Development Control Plan

 

A subdivision layout plan has been submitted. Part VII of the Residential Zones DCP states, inter alia:

 

1.       Objective

 

This part aims at allowing residential Torrens Title subdivision, which retains and where appropriate, improves existing amenity and streetscape within residential zones.

 

Comment:

 

It is considered that the proposed subdivision satisfies Council’s Objective. The proposed development would retain the existing dwelling houses on proposed lots 1 and 3 and therefore maintain the existing streetscape and the amenity of the area.

 

2.       Minimum Allotment Size

 

The minimum area of an allotment created under this part is 550m2. The “access handle” of battle allotment is not counted in the calculation of allotment size.

 

Comment:

 

The DCP does require a minimum area of 550m2 per lot for residential purposes.

 

The areas of the proposed allotments are as follows:

 

·        Proposed lot 1 – 550m2

·        Proposed lot 2 – 568.03m2 (new lot)

·        Proposed lot 3 – 629.76m2

Access handle – 100.24m2.

 

 

 

The proposal complies with this requirement.

3.       Minimum Allotment Dimensions

 

a.       Minimum Frontage (allotment width at street). The minimum frontage permissible is 15 metres. For irregularly shaped blocks, frontages may be less, but a minimum width of 15 metres, required where a dwelling is to be constructed, usually not less than 7.5 metres from the street frontage.

 

Comment:

The proposed allotment frontage is 38.1m and therefore complies with Council’s minimum allotment frontage requirement.

 

b.       Access width to “battleaxe subdivision”. The “access handle” width shall not be less than 3.5 metres. Where the access handle is to provide access to more than one allotment, then the access handle is to be wider than 3.5 metres, to more adequately provide for the installation of utility services and the increased vehicular traffic.

 

          Comment:

 

          The proposed access width is 3.5m and complies with the requirement.

 

4.       Vehicular Access

 

          The maximum grade acceptable for vehicular access driveways is 1 in 5 (20%).

 

          Comment:

 

The existing crossing is to be utilised in the design, however specific conditions in relation to the existing and proposed crossing have been provided by Council’s Development Engineer to ensure compliance with this requirement.

 

5.       Public Roads

 

Subdivisions involving the creation of public roads shall be constructed to a standard set by the Municipal Engineer.

 

Comment:

 

The proposed development does not involve the creation of a public road.

 

6.       Provision of Open Space

 

Council requires the dedication of part of the land being subdivided, where such a dedication is considered to be in the public benefit. Where a land dedication is not required, Council will require a cash contribution at the rate set in Council’s Section 94 Contributions Plan.

 

 

Comment:

 

Council does not require dedication of any part of the land for public Open Space. Therefore, Council would require a cash contribution for the additional allotment created in accordance with Council’s Section 94 Contributions Plan.

 

Lane Cove DCP No 5 (Access & mobility)

 

It should be noted that this Development Control Plan applies to access and mobility for buildings. This development application is for the subdivision of land and not for the construction of any building.

 

SECTION 79C(1)(b) The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

 

Environmental Impact

 

Comment:

 

The proposed development satisfies the objectives of the Environmental Planning and Assessment Act, 1979 namely:

 

-     the proper management, development and conservation of natural and man made resources promoting the social and economic welfare of the community and a better environment, and

 

-     the promotion and co-ordination of the orderly and economic use and development of land.

 

It is considered that the proposal would not adversely impact on the surrounding environment on the basis of the information supplied by the applicant and Council’s assessment of the application.

 

The applicant would ensure that the environment is not harmed and that all means would be employed to protect the environment, in particular during site works for the subdivision.

 

Natural Hazards

 

Comment:

 

The site is not in an area recognised by Council as being subject to flooding, subsidence, bushfires, slip or any other risk. In addition, it is considered that the proposal would not create a hazard or risk to adjoining properties.

 


Water and Air Quality Impacts

 

Comment:

 

The proposal is not likely to have an adverse impact in terms of air or water quality.

 

The proposed development, due to its nature and design, is not likely to cause pollution of any nearby waterway, nor would it generate any liquid waste, odour or fumes.

 

Soil and Water Management

 

Comment:

 

The proposed development would not adversely impact on the quality of soil on the site and adjoining properties.

 

The application has indicated that best management practices would be implemented to control runoff and soil erosion and to trap sediment in order to maintain satisfactory water quality in downstream areas. Specific conditions of consent would minimise the discharge of water to adjoining lands.

 

Neighbourhood Amenity

 

Comment:

 

The subject development application is for the subdivision of land.

 

Any future development application/s for new dwelling houses and/or alterations and additions to the existing dwelling houses on the individual lots would be assessed with regard to the amenity to adjoining neighbours with particular emphasis on Council’s Codes and Policies.

 

Traffic Impact

 

Comment:

 

It is considered unlikely that the traffic generation from the development would adversely impact the performance of intersections in the locality.

 

Impact on Public Transport Services

 

Comment:

 

Due to the nature and scale of the development it is considered that the proposal would not adversely impact on existing public transport services in the area.

 


Impact on Utility Services

 

Comment:

 

All utility services are available to the site and appropriate arrangements and conditions would require the applicant to address these issues with the relevant Service Authorities.

 

Council’s Development Engineer has advised that there is a Council drain easement on the property and states that this is not a concern as Council plans to redirect the stormwater pipe within the easement in the 2007 – 2008 financial year.

 

In view of the nature and scale of the development it is considered that the proposal would not adversely impact on existing utility services in the area.

 

Safety, Security and Crime Prevention

 

Comment:

 

Due to the nature, scale and design of the development, it is unlikely that the proposal would result in adverse impacts in terms of safety, security and crime.

 

Impacts during Construction

 

Comment:

 

By conditions of consent all necessary precautions would be required of the applicant during site works to ensure that works are carried out safely.  The hours of site works would be limited to normal working hours to avoid loss of amenity to surrounding properties.

 

Site Attributes Conducive to Development

 

Comment:

 

The subject site is conducive to the development proposed. 

 

Social and Economic Impact

 

Comment:

 

Due to the nature and scale of the development it is considered that the proposed development would not have an adverse impact on the social and economic environment of the area.

 

Public Domain

 

Comment:

 

The development would not impact upon any linkages and access between the development and public areas. All works associated with the development would be contained entirely within the site and will not impact on the public domain.

Cumulative Impacts

 

Comment:

 

Any cumulative impact, particularly in respect of traffic generation would not be significant as the local road system is capable of supporting the proposed development.

 

SECTION 79C(1)(c)   The suitability of the site for the development.    

 

The development is considered to be appropriate and satisfactory having regard to the site area and site characteristics and the potential environmental impacts the proposal would have on the site and the locality.

 

SECTION 79C(1)(d)  Any submissions made in accordance with this Act or the regulations.

 

It is considered that all relevant planning matters have been taken into consideration in the assessment of this proposed development. 

 

SECTION 79C(1)(e)   The public interest.

 

The proposal is consistent with State Government initiatives for the efficient and appropriate use of urban land.

 

External Referrals 

 

Rural Fire Services

 

The majority of both existing properties are located on bush fire prone land (vegetation buffer 100m and 30m) as identified in the bush fire risk management plan applying to Lane Cove Council under Section 146 of the Rural Fires and Environmental Assessment Legislation Amendment Act 2002, No 67.

 

The Rural Fire Service has responded by letter dated 27 June 2007 and provided a specific condition in relation to bushfire matters for the proposed development.  Refer to draft condition 39.

 

Internal Referrals

 

Manager Urban Design and Assets

 

No objection raised subject to specific conditions.

 

Manager Parks

 

Council’s Landscape Officer and Tree Preservation Officer have assessed the proposal and have provided the following comments:

 

“The proposed location of the access handle terminates in line with the trees highlighted as T13, T12 and T11 and approaches from the south as detailed on Subdivision Plan Amendment B.

It is anticipated that these trees will need to be removed for accessibility reasons and indeed for any future building construction works to be realistically carried out.

 

The tree identified as T12 on the submitted subdivision plan is a remnant Eucalyptus resinifera (Red Mahogany) and would be the only species out of T11, T12 & T13 that would give us concern in regard to tree retention and protection.

 

However, upon inspection the tree (T12) is termite infested and in an irreversible state of decline. Therefore, we have no objection to the subdivision layout at this point in relation to the trees T11; T12 & T13.

 

Any proposed driveway construction or modifications to the existing drive and any possible car space allocation at No.28 relating to this proposal will need to address tree protection for the trees indicated on the plan as T2, T5 and T6. Such works are to be located as they are indicated on the submitted plan and further information in relation to street tree protection needs to be submitted prior to the works being carried out to the satisfaction of Council’s OSUS division.

 

It should be noted at this stage that in light of the subdivision being approved future consideration will need to be given to the retention and protection of the existing trees tagged T8, T9, T10, T14 & T15 (where necessary and/or appropriate) when configuring any future proposed building footprint and engineering works for a proposed dwelling house on the newly created lot in respect to the aforementioned trees.”

 

Submissions/Objections

 

The proposal was notified to Councillors, adjoining owners and interested parties.

 

No submissions were received in relation to the proposal.

 

SUMMARY

 

The proposed development involves subdivision of existing two (2) residential lots into three (3) residential lots. The proposed development complies with the requirements of the Lane Cove Local Environmental Plan 1987 and Council’s Residential Zones Development Control Plan.

 

Further, although subdivided, the existing dwelling houses are to be retained and would satisfy Council’s Code in terms of setbacks, private open space, privacy and solar access and natural/soft landscape areas.

 

The application is recommended for approval.

 

 

 

RECOMMENDATION

 

That the application for subdivision of the existing two (2) residential lots into three (3) residential lots be approved subject to the following conditions:

 

1.         (20) That the development be strictly in accordance with plan lodged with the Development Application “Plan of Proposed Subdivision of Lot 52 in DP 6886 & Lot A in DP 373006 being Nos. 26 & 28 Henley Street Lane Cove. Local Govt. Area: Lane Cove”, Drawing: Subdivision Plan, Drawing No: 2007/DA01, Amendment: B and Dated 22/05/07.

 

2.         (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing

 

3.         (137) Lane Cove Council charges a fee of $25 for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.

 

4.         Documentation detailing an alternate destination for materials to be submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE as Rock and Dirt Artarmon is no longer in operation.

 

5.         The applicant shall provide Lane Cove Council with a detailed Construction Management Plan prepared by a qualified consultant for Council’s approval.

 

6.         (14) THE PAYMENT OF A CONTRIBUTION FOR AN ADDITIONAL 3 PERSONS IN ACCORDANCE WITH COUNCIL'S SECTION 94 CONTRIBUTIONS PLAN.  THIS PAYMENT BEING MADE PRIOR TO THE ISSUE OF A SUBDIVISION CERTIFICATE AND IS TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS $24,376.50 AT THE CURRENT RATE OF $8,125.50 PER PERSON.   NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

THIS CONTRIBUTION IS FOR COMMUNITY FACILITIES, OPEN SPACE/ RECREATION AND ROAD UNDER THE LANE COVE SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

7.         (28) Submission of final linen plans (plus 5 copies) and S88B Instrument (plus 5 copies) prepared by a registered surveyor.

 

8.         (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

Monday to Friday (inclusive)                      7.00am to 5.30pm

Saturday                                                    7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

 

9.         (36) Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

10.       (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

11.       (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

12.       (60) A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED.  Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.

 

13.       (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Construction Safety Act and the Regulations details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

14.       (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7.0 metres from the specified item.

 

15.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

16.       (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

17.       (79) Compliance with Australian Standard 2601 - The Demolition of Structures.

 

General Engineering Condition

18.       206      Drainage Construction. The stormwater drainage on the site is to be constructed generally in accordance with plan 2007/DA01-04 Rev B prepared by Not Listed

 

In this project the above engineering plans are satisfactory as Concept plans. The principle certifying authority is to satisfy themselves of the adequacy of the above plans for the purposes of construction. They are to independently determine what details, if any, are to be added to the Construction Certificate plans, in order for the issue of the Construction Certificate.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

19.       207      Footpath Damage Bond. The applicant shall lodge with Council a $1000 cash bond or bank guarantee to cover damage to Council's roads, footpaths, kerb and  gutter, drainage or other assets. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

20.       208      Boundary Levels. The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, carparks, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.

                   

21.       212      Residential Crossing. The residential crossing shall be constructed to the specifications and levels issued by Council. An application shall be made to Council and relevant fees / bond, (being a $800 bond, plus inspection fee of $259 plus a design fee of $150, totalling $1209, - 2005/06) is to be paid to Council prior to the issue of any Construction Certificate for the provision of street alignment levels and Council inspections.

 

22.       Control of Stormwater Runoff.  Stormwater runoff from all impervious areas, including any ”on ground impervious areas” shall be collected and piped by gravity flow to the street gutter or a suitable Council pipeline in a manner acceptable to Council. The minimum capacity of the piped drainage system shall be equivalent to the collected runoff from the 1 in 20 year average recurrence interval storm event. Runoff that enters the site from upstream properties must not be redirected in a manner, which adversely affects adjoining properties. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties. All work shall be carried out in accordance with Council’s standards and specifications for stormwater drainage.

 

23.       238    Council Inspections.  A Council engineer must inspect the stormwater connection to the existing Council stormwater pipeline.  Council shall be notified when the collar connection has been made to the pipe and an inspection must be made before  the property service line is connected to the collar. The property service line must be connected to a stormwater pit, as direct connection to Council’s pipeline will  not  be  permitted. An application shall be made to Council and relevant fees paid ($121-2005/06) PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE  for  the Council inspection.

 

24.       246      Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by LANDCOM  ‘Fourth Edition 2004, Volume 1’.These devices shall be maintained during the construction works and replaced where considered necessary.

The following details are to be included in drawings accompanying the Erosion and 

Sediment Control Plan:

 

·    Location and design criteria of erosion and sediment control structures,

·    Site access point/s and means of limiting material leaving the site

·    Means of diversion of uncontaminated upper catchment around disturbed areas

·    Procedures for maintenance of erosion and sediment controls

·    Details and procedures for dust control.

 

25.       233      Environmental Pollution Control Pit. A stormwater water pit shall be provided, on the new stormwater lines, at the boundary before discharging to the existing easement.                                                                                     

 

The Environmental pollution Control Pit is to be designed to remove pollutants from the stormwater flow. The pit is to have a minimum dimension of 600 x 600 mm, a debris screen, (and a readily removable litter basket), and a sediment collection sump and must be designed to drain completely in dry weather. The pit is to be cleaned on a regular basis to the satisfaction of Lane Cove Council.

 

 

Engineering Conditions to be complied with Prior to Commencement of Construction

26.       201      Restoration.  Public areas must be maintained in a safe condition at all times. Restoration of disturbed road and footway areas for the purpose of             connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees.   Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment.

 

27.       202a    Materials on Roads and Footpaths. Where the applicant / development requires the use of the public footway for placement of building waste containers, skips and  or storage of material on the roadway or footpath a formal application is to be made. A separate application shall be made to Council’s Urban Services Division for approval, including payment of relevant fees, for the placement of building waste containers, skips and or storage of material on the roadway or footpath. The roadway or footpath is not to be occupied or used for storage until such application is approved. 

 

28.       203a    Public Utility Relocation. If any public services are to be adjusted , as a result of        the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. Any such work being carried out at the applicant’s cost and prior to the commencement of works.

 

29.       222      Pedestrian Access Maintained. Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS 1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

30.       249      Sediment and Erosion Control. The applicant shall install appropriate sediment control devices prior to any disturbance of the existing site. The devices are to be installed in accordance with an approved plan. These devices shall be maintained during the construction period and replaced where considered necessary.  Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.

 

Engineering Conditions to be complied with Prior to Occupation Certificate

31.       260      Construction of Residential Driveway Crossing. A full width residential duty vehicular crossing shall be provided opposite the vehicular entrance to the site, with a maximum width of 5.0 metres and a minimum width of 3.5 metres at the    boundary line. These works shall be carried out prior to the issue of the            occupation certificate by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s issued drawings and level           sheets.

 

32.       254a  Certificate of Satisfactory Completion.  Certificates from a registered and licensed Plumber, or a suitably qualified Engineer must be obtained for the following matters.  The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority, prior to (a) issue of any Occupation Certificate, or (b) Occupancy or use of the development.

 

1)         Confirming that all vehicular footway and gutter (layback) crossings are constructed or reconstructed in accordance with (a) The construction plan requirements, and (b) Conditions of this consent and, (c) Lane Cove Council’s ‘specification for construction of residential vehicular footpath crossings’.  (When the works are satisfactory, the applicant must request the Council Crossing inspector to provide written evidence of satisfactory completion of the works).

 

2)         Confirming that the site drainage servicing the development complies with the approved construction plan requirements and Lane Cove Council’s ‘standards and specification for stormwater drainage’.

 

All works have been completed in accordance with the issued Construction Certificate and other relevant approvals and in accordance with the Conditions of this determination  The Certificates are to state that the construction of the above items complies with the approved construction plan requirements and any relevant elements from Lane Cove Council’sstandards and specifications for stormwater drainage’.

 

(If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council with the subject documentation).

 

33.       88B instrument: An instrument under 88B of the Conveyancing Act 1919 plus two copies is to be submitted to Council prior to the Release of Subdivision Certificate.

 

            The 88B instrument shall properly reflect the requirements of the conditions of the development consent, plans forming part of the consent and Council’s policies.

 

            Where Council or interallotment drainage lines are located within the development, drainage easements shall be created in accordance with Council’s minimum widths as set out in Council’s DCP for Stormwater Management.

 

            Part 2 of the 88B instrument shall contain a provision that any easements, rights of way, covenants shall not be extinguished or altered without the written consent of Council.

 

34.       Access to the rear lot shall comply with the requirements for Property Access Roads as outlined within Section 4.1.3(2) of Planning for Bush Fire Protection 2006.

 

            This response is to be deemed the Bush Fire Safety Authority as required under section 100B of the Rural Fires Act 1997.

 

35.       (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 ($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.

 

36.       (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.

 

 

 

Street Trees

 

37.       (314)  All street trees to be retained must be protected during the construction process.  A recommended construction approach for the proposed street footpath and driveways/hard surface areas where they are in close proximity to approved trees to be retained is to be addressed and provided in an approved Arboriculturist report AS PART OF ANY FUTURE DA APPROVAL.

 

38.       (315)  The proposed driveway crossing must be at least 2.5m clear of the trunk of the street tree T5 Stringybark as indicated on the subdivision plan.

 

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

 

40.       (317)  A 1.8m high chain mesh fence shall be erected around the street tree encompassing the entire grass nature from the trunk of the trees indicated as T5 and T2 on the subdivision plan.  The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

 

            A waterproof sign must be placed on every second panel stating ‘NO ENTRY TREE PROTECTION AREA – this fence and sign are not to be removed or relocated for the work duration’.  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

            Such fencing and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation and remain in place for the duration of the construction work.

 

41.       A separate Development Application shall be submitted for Council’s consideration for the construction of a dwelling house, alteration and/or additions on each or any of the proposed allotments, including the provision of on-site parking space for 28 Henley Street.

 

42.       Trees numbered T8, T9, T10, T14 and T15 indicated on the plan submitted with this Development Application are to be retained, tagged and protected when configuring any future proposed dwelling house building footprint and associated engineering works for the proposed rear lot.

 

43.       The applicant shall consult with the relevant Public Authorities and meet all costs involved in any alterations required to Mains and Services.

 

44.       The following documentary evidence is to be obtained and forwarded to the Principal Certifying Authority prior to the release of the subdivision certificate:

 

(a)        A Section 73 compliance certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator.

 

            The Notice must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued.

 

45.       The Section 73 certificate must be submitted to the Principal Certifying Authority prior to the release of the Linen Plan of the development.

 

46.       The submission of a surveyor’s certificate stating that no services, drainage lines or access way encroach over the proposed boundary other than as provided for by easements created by the final plan of subdivision.

 

47.       A final clearance is to be obtained from both Energy Australia and Telstra for satisfactory provision of services to the proposed lots.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Neighbour Notification Plan

1 Page

 

AT‑2 View

Site Location Plan

1 Page

 

AT‑3 View

Site Plan of potential building zones

1 Page

 

 

CNL200807ES_292

*****   End of Environmental Services Division Report No. 292   *****

       

 

 

 

 

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