Lane Cove Council

 

 

 

 

 

Ordinary Council

 

 

 

AGENDA

 

 

 

DATE OF MEETING:          3 September 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

 

3 SEPTEMBER 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. 24

SUBJECT: Lane Cove Market Square

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; 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. 20

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 first meeting (first Monday) of each month, people who wish to address Council on any matter in a report on the agenda for that meeting (for a maximum of three minutes) be allowed to do so at the conclusion of Closed Committee or if there is no Closed Committee at the commencement of the meeting.

 

CONFIRMATION OF MINUTES

 

3.      ORDINARY COUNCIL MEETING - 20 AUGUST 2007

 

 

 

 

Referred Reports

 

4.       Environmental Services Division Report No. 27

SUBJECT: 10, 12, 12A Poole Street, Longueville

Inspection Committee at its meeting on 01 September 2007 resolved that the  matter be referred to the Ordinary Council meeting to be held on 03 September 2007

 

Orders Of The Day

 

5.       Order Of The Day No. 17

SUBJECT: Meeting in the Plaza - Saturday 29 September 2007

 

Corporate Services Division Reports

 

6.       Corporate Services Division Report No. 44

SUBJECT: Annual Financial Reports for 2006/2007 - Referral for Audit

 

Environmental Services Division Reports

 

7.       Environmental Services Division Report No. 21

SUBJECT: Draft Inner North Subregional Strategy

 

8.       Environmental Services Division Report No. 24

SUBJECT: 16 Taleeban Road Riverview

 

9.       Environmental Services Division Report No. 25

SUBJECT: 30 George Street, Greenwich

  

QUESTIONS WITHOUT NOTICE

 

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

 

       


ORDINARY COUNCIL

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 27

 

3 SEPTEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 3 September 2007

29/08/2007 to Ordinary Council

Environmental Services Division Report No. 27

Subject:           10, 12, 12A Poole Street, Longueville

Inspection Committee at its meeting on 01 September 2007 resolved that the  matter be referred to the Ordinary Council meeting to be held on 03 September 2007 

Record No:     DA06/388-01 - 24672/07

Author(s):       May Li 

 

 

 

 

Property:                      10, 12 & 12A Poole Street, Longueville

 

DA No:                        388/2006

 

Date Lodged:               22 December 2006

 

Cost of Work:              $5,500,000.00

 

Owner :                       D Fite & D Lowes

 

Author:             May Li

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of all existing structures including a heritage item except an in-ground swimming pool at 10 Poole Street, construction of two detached dwelling houses and associated structures, consolidation and boundary adjustment

ZONE

2(a2) – Residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

Yes.  10 Poole Street, Longueville is listed as a heritage item

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No.  However, the subject site is located in vicinity to other heritage items: No.6 Poole Street, and No. 5 and No.7 Stuart Street, Longueville.

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a, 10a and 10b

STOP THE CLOCK USED

Yes - 182 days

NOTIFICATION

Neighbours        1-8 Poole Street, 1-7 Stuart Street, 41, 66 & 68 Lucretia Avenue, Longueville

 

Ward Councillors         A Smith, K Freedman, & J Hassarati

Progress Association    Longueville Residents Association

The development proposal was also advertised on North Shore Times newspaper in January 2007.

 

REASON FOR REFERRAL:

 

The development application has been called by Councillor Smith and Freedman due to the land use concerns.

 

EXECUTIVE SUMMARY:

 

The proposed development involves demolition of all existing structures including a heritage item at 10 Poole Street except the in-ground swimming pool at 10 Poole Street for the construction of two dwelling houses. 

 

The existing dwelling house known as Derwent House located at 10 Poole Street; Longueville is listed as an item of local heritage significance.  The proposed demolition of the heritage item is likely to create an adverse impact on the heritage value of the Lane Cove local government area. 

 

The existing dwelling house with an in-ground swimming pool located at 12 Poole Street is less than 10 years old.  Replacement of a two storey 4 bedroom structurally sound dwelling house with another dwelling house of a similar size is unlikely to promote an ecologically sustainable development.  The ecological sustainable design (ESD) investigation report submitted by the applicant has not provided an analysis between the existing dwelling house and the proposed dwelling house at 12 Poole Street.  It is considered that the proposed development does not comply with the objectives of Environmental Planning and Assessment Act 1979.

 

The design of the proposed dwelling houses does not comply with the Lane Cove Code for Dwelling Houses relating to cut and fill, floor space ratio, and the set back of above ground swimming pool requirements.

 

15 of 16 submissions received relating to the proposed development raised objections to demolition of the heritage building.  The owners of the adjoining properties of 1 and 3 Stuart Street also raised concern to overlooking impacts, over shadowing and noise impacts to their properties.

 

The potential loss of an identified heritage item of significance to the Lane Cove area must be actively considered by Council as a separate issue to the merit of the proposed structures. The proposed development in its current format is not supported.

 

SITE:

 

The subject site is located at the southern side of Poole Street, Longueville bounded by Lucretia Avenue to the east and Stuart Street to the south. 

 

It comprises the following titles:

 

Lots 1 & 2, DP 333694 is known as 10 Poole Street with a rear boundary directly to the Lane Cove River.  It is a battle axe allotment with an access width of 4.572m to Poole Street.  The site also has a right of carriageway footway access from the western boundary to Stuart Street and Longueville Park.  The land has a rear frontage to the Lane Cove River.  An existing two storey dwelling house with attached garage and an in-ground swimming pool and a pool house are located on the site.  The site area is 3206m2. 

 

Lot 11, DP 601751 known as 12A Poole Street is also a battle axe allotment with an access handle to Poole Street and the total area of 613m2.  An existing two storey dwelling house with an in-ground swimming pool is located on the site.

 

Lot 10, DP 601751 known as 12 Poole Street is rectangular in shape, with a frontage directly to Poole Street and a site area of 570m2.  An existing two storey dwelling house with an in-ground swimming pool is located on the land.  It is noted that the development consent for the construction of the existing dwelling house at 12 Poole Street was approved on 24 August 1999 and the development consent for the swimming pool was approved on 28 July 2000.  The existing buildings on 12 Poole Street are less than 10 years old and are in a structurally sound condition.

 

The land falls gradually from Poole Street to Lane Cove River by approximately 21 metres. 

 

Surrounding developments comprise dwelling houses and the Longueville Park is located in Stuart Street. 

 

Refer to AT1 for the Neighbour Notification Plan of the site.

 

PROPOSAL:

 

The proposal is detailed as follows:

 

-          Demolition of all existing structures including the heritage item, except the in-ground swimming pool at 10 Poole Street.

 

-           Consolidation of the land of 10 and 12A Poole Street.

 

-           A boundary adjustment between 10 and 12 Poole Street.

 

-          Construction of a dwelling house on the consolidation land of 10 and 12A Poole Street.  The dwelling house is comprised of three individual pavilions linked with open covered areas. 

 

The northern pavilion would be a three storey structure containing a play room, terrace, a sculpture pool and storage rooms on the lower ground level; an arrive podium, laundry, guest room and linen storage room on the ground level, gym, steam room, massage, two offices, a library, a bar and toilets on the first floor level. 

 

The centre pavilion would be a two storey structure containing a family room and kitchen on the lower ground level, 4 bedrooms with bathrooms and gallery on the ground level.

 

The southern pavilion would be a two storey structure with basement containing three parking spaces, cellar, plant room, store, lift and water tanks storage area on the basement level, foyer area, covered decks, bar cellar, sitting room, dining room/library and reflection pool on the ground level, master bedroom with bathrooms, sitting room, walk-in robes, bar and a 32m length above ground lap swimming pool on the first floor.

 

The gross floor area of the dwelling house at 10 Poole Street would be approximately 1864.8m2 and the FSR approximately 0.52:1.

 

-          Construction of a dwelling house on 12 Poole Street containing a squash court, storage and a toilet on the lower ground level; an entry, two bedrooms, living room, and a bathroom on the ground floor, two bedrooms with bathrooms on the first floor.

 

There is no on site parking provision proposed for the dwelling house within the boundaries of 12 Poole Street.  Two parking spaces located at the arrival court area of the main house at 10 and 12A Poole Street are shown as easement parking spaces for 12 Poole Street on the amended plan (DA005 dated 23.5.07).

 

The gross floor area of the dwelling house is approximately 319m2 and the FSR is 0.51:1.

 

Refer to AT2 for the architectural plans of the proposed development. 

 

PREVIOUS APPROVALS/HISTORY:

 

There has been no previous development applications lodged for 10 and 12A Poole Street found in Council’s Authority system. 

 

Development Application No. 160/1999 for demolition of the existing dwelling house and construction of a new two storey dwelling house at 12 Poole Street was approved by Council on 24 August 1999 and Development Application No. 207/2000 for the construction of an in-ground swimming pool at 12 Poole Street was approved by Council on 28 July 2000.  Other development applications lodged for the site is not relevant to the current development proposal. 

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

The dwelling house at 10 and 12A Poole Street, Longueville

 

Total site area of 3819.8m2 including of 202.88m2 access handle area.  The calculations for floor space and site area have excluded the whole width of the access handle. 

 

Site Area (3566.92m2)

 

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio        (max)

0.52:1

0.5:1

No

Soft Landscaped Area  (min)

39%

35%

Yes

Side Boundary Setback             (min)

1.5m

1.5m

Yes

Overall Height (m)        (max)

7.7m

9.5m

Yes

Ceiling Height (m)         (max)

7.0m

7.0m

Yes

No of Storeys

3

However, the lower ground level is under the natural ground level

2 from natural level

Yes

Building Line     (max)

N/A

7.5m

N/A

Foreshore Building Line            (min)

The proposed dwelling house is 17m away from the foreshore setback line established by line drawn from two adjoining neighbouring developments.

 

The new pool shed is proposed at the same location of the existing pool shed. 

Foreshore Setback line established by line drawn from neighbouring development

Yes

Cut and Fill       (max)

3.7m

1m

No

Deck/Balcony width     (max)

3m

3m (if elevated by >1m)

Yes

Solar Access    (min)

The proposed building does not shadow any of the north facing windows of the adjoining properties by more than 3 hours

3 hours to north elevation

Acceptable

 

FENCING

 

 

PROPOSED

CODE

COMPLIES

Height (max)

884mm

900mm

Yes

% Open Where > 900mm in Height  (min)

N/A

50%

N/A

Setback From Front Boundary if >900mm in height (min)

Nil

1m

N/A

Splays

Nil

1m

N/A

 

SWIMMING POOLS

 

 

PROPOSED

CODE

COMPLIES

Concourse Edge to Neighbour’s House  (min)

More than 3m

3m

Yes

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

N/A

900mm from internal face of pool

450mm from edge of concourse

N/A

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

1.6m

900mm from edge of concourse

Yes

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

1.6m

1:1 setback measured from concourse edge

 

No

Height (max)

 

3.6m

1800mm

No

Setback if height is >1800mm (min)

1.6m

1:1 setback measured from concourse edge

No

Screening of facade where > 1.0m above ground level?

Screen proposed

Screening required

Yes

 

The dwelling house at 12 Poole Street, Longueville

 

Site Area (620 m2)

 

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio        (max)

0.51:1

0.5:1

No

Soft Landscaped Area  (min)

42%

35%

Yes

Side Boundary Setback             (min)

Approximately 3.2m

1.5m

Yes

Overall Height (m)        (max)

8.4m

9.5m

Yes

Ceiling Height (m)         (max)

6.7m

7.0m

Yes

No of Storeys

2

2

No

Building Line     (max)

7.5m

7.5m

Yes

Foreshore Building Line            (min)

N/A

N/A

N/A

Cut and Fill       (max)

Less than 1m

1m

Yes

Deck/Balcony width     (max)

1m

3m (if elevated by >1m)

Yes

Solar Access    (min)

The proposed building does not shadow any of the north facing windows of the adjoining properties by more than 3 hours

3 hours to north elevation

Acceptable

 

FENCING

 

 

PROPOSED

CODE

COMPLIES

Height (max)

884mm

900mm

Yes

% Open Where > 900mm in Height  (min)

N/A

50%

N/A

Setback From Front Boundary if >900mm in height (min)

Nil

1m

N/A

Splays

Nil

1m

N/a

 

 

REFERRALS:

 

Manager Urban Design and Assets

 

The proposed development was referred to Council’s Development Engineer for comment.  The Development Engineer states that there is no objection raised to the proposed development relating to the stormwater management of the site. 

 

Manager Open Space

 

The proposed development was referred to Council’s Manager of Open Space for comment.  No objections have been raised relating to the proposed landscaping plans.

 

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

 

As discussed in the previous section of this report, No.10 Poole Street is listed as a heritage item of local significance in the Lane Cove LEP 1987.  The proposed development involves demolition of the heritage item and Heritage Impact Statement of the development application has been forwarded to Council’s heritage advisor and NSW Heritage Office for comment.  The proposal for demolition of the heritage building was not supported as indicated below:

 

·    Council’s Heritage Advisor

 

Council’s heritage advisor does not support the demolition of the heritage item and stated that the building is an unusual example of the architectural style of the period, reflecting the development of Longueville and contributes to the Lane Cove riverscape.  Refer to AT3 for the heritage advice. 

 

·    NSW Heritage Council

 

The NSW Heritage Council does not support the demolition of the heritage item and has stated that the residence is an imposing, architect-designed building, visible from the Harbour, purpose-designed to take advantage of all views and is intact.  In this instance, the Heritage Council recommended that Lane Cove Council considers alternatives to the demolition of this locally significant building.  Refer to AT4 for the comment of NSW Heritage Council.

 

NSW Maritime

 

The development proposal was referred to NSW Maritime as an integrated development.  The NSW Maritime stated that the applicant is required to make a separate application for the Part 3A Permit to NSW Maritime if Council grants development consent and before any physical works are commenced at the site. 

 

Environmental Planning and Assessment Act 1979 (the Act)

 

The Environmental Planning and Assessment Act contains objectives for the carrying out of development.  The proposal does not meet the following objective:

 

5          Objects

The objects of this Act are:

 

(vii)     ecologically sustainable development

 

The proposed development involves demolition of a building of heritage value of local significance and a building that is structurally sound and intact at 10 Poole Street. 

The existing dwelling house at 12 Poole Street is a less than 10 years old structure and is also in a structurally sound condition.  The proposed demolition is will create an adverse impact on the heritage value of Lane Cove and does not promote an ecologically sustainable development. 

 

The applicant has recently lodged an ecologically sustainable design (ESD) report for supporting the demolition of the existing buildings.  It is noted that the ESD only provided an analysis between the energy efficiency of three existing dwelling houses and the proposed two dwelling houses. It did not provided an analysis of energy efficiency of the existing dwelling house and the proposed dwelling house at 12 Poole Street.  The application has not provided an acceptable reason for the replacement of the dwelling house at 12 Poole Street.  The ESD Efficiency Investigation summary is included in AT5.  Accordingly, it is considered that the proposal is contrary to objective 5(vii) of the Environmental Planning and Assessment Act.

 

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

 

2                Aims, Objectives etc

 

(1)        to preserve and where appropriate improve the existing character and environmental quality of the land to which it applies in accordance with the indicated expectations of the community, and

 

The proposed development involves demolition of a heritage listed building which will create a loss of heritage value to the local government area. 

 

The combined area of the car park and the water tanks storage area on the basement level is appropriately 600m2.  The excavation of the land for the construction of the basement area and the lower ground level of the north pavilion of the main house would create a significant impact on the land form of the subject site and the adjoining properties.  The proposed development is unlikely to preserve the environmental quality of the locality.

 

It is therefore considered that the proposal is contrary to Clause 2(1) of the aims and objectives of the LEP.  

 

18A      Protection of heritage items, heritage conservation areas and relics

 

(2)        When determining a development application required by this clause, the Council must take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation.

 

The Heritage Study of the Municipality of Lane Cove states that 10 Poole Street is listed because it is a substantial house of the mid-wars period in the picturesque cottage style.  The present appearance of the house is a modernisation of a Queen Anne style residence.  The proposed demolition of the heritage item has been referred to NSW Heritage Council and Council’s heritage advisor for comment.  Both of the NSW Heritage Council and Council’s Heritage Advisor did not agree with the recommendation of the Heritage Impact Statement of the development application and stated that the heritage building should be retained. 

 

 

 

 

Officer’s comment:

 

Given the above comments, it is considered that the proposed development does not comply with the aims and objectives of the Lane Cove LEP and is contrary to Clause 18A of the LEP.

 

Other Planning Instruments

 

Lane Cove Residential Zones Development Control Plan

 

Lane Cove Residential Zones Development Control Plan sets requirements for the development of residential zoned land in Lane Cove. 

 

Part II – Development in Foreshore Areas and Part VII – Residential Subdivision of the DCP applies to the proposed development.  The proposed development complies with the Foreshore setback and the minimum lot size requirements of the DCP.

 

Lane Cove Code for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings (The Code)

 

Lane Cove Code for Dwelling Houses applies to the site and provides development standards for the proposal.

 

3.         Design, Density and Streetscape

 

3.1       General

 

Objectives:

 

a.         Dwelling be designed with regard to site conditions so as to minimum their impact on the landform.

b.         Dwelling blend into natural landscape.

c.         Dwelling designs have regard to the amenity of adjoining properties.

 

Standards:

 

1.   A minimum of cut and fill on-site, limited to no more than 1m cut or 1m of fill at any point on the site.

2.   The preservation of existing trees.

 

The maximum cut in the proposed development is 3.7m below the natural ground level.  The proposed basement area with water tank storage area is approximately 600m2 and the construction of proposed development would create a significant excavation to the land.  The proposed development does not comply with the maximum cut requirement of the Code. 

 

3.2       Floor Space Ratio

 

The maximum permissible FSR for the sites is 0.5:1 in accordance with the FSR table of the Code.

 

The FSR of the dwelling house on 10 Poole Street is 0.52:1 and the FSR of the dwelling house at 12 Poole is 0.51:1.  The proposed development does not comply with the FSR requirement of the Code. 

 

5.         Private Swimming Pools and Spas

 

General Requirements:

 

d.         The maximum height of the pool concourse shall not exceed 1800mm at any point above natural ground level (measured immediately below that section of the concourse).  A concourse may exceed 1800mm if its edge is setback from the boundary at a ration of 1:1.

 

The proposed lap swimming pool is approximately 3.6m above the natural ground level.  The concourse of the lap pool is 1.6m from the eastern boundary of the site and the proposal does not comply with the above requirement of the Code, which would require a 3.6m setback. 

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment ) 2005

 

The subject site is located with the Sydney Harbour Catchment area and given the proximity to the water frontage, is identified as being within the Foreshores and Waterways Area.

 

It is considered that the proposed development is not contrary to the Regional Environmental Plan. 

 

Sydney Harbour Foreshores Area Development Control Plan

 

The DCP applies to all development proposals within the Foreshores and Waterways Area identified in SREP (Sydney Harbour Catchment) 2005.  The subject site is located within a foreshore area identified on the map and therefore the DCP applies to the proposed development.

 

The proposed development complies with the objectives and the provisions of the DCP.

 

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

 

The non-compliances to the Code have been outlined in the compliance tables in the previous sections of this report.  The applicant has not submitted justification for the non-compliances with Council’s Code relating to the FSR, cut and fill and set backs.

 

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

 

The development proposal was notified in accordance with Council’s notification policy between 10 January 2007 and 1 March 2007.  16 submissions were received in response to the notification of the development application.  15 submissions raised objections to the proposed development and a submission supported the proposal.  The issues raised in the objections can be summarised as follows.

 

·          Derwent House has been a landmark in Longueville.  It is one of the few significant houses and land surrounds in the area.  It is of heritage value and should be treated accordingly.

 

 

Officer’s comment:

 

Derwent House located at 10 Poole Street is listed as a heritage item in accordance with Lane Cove LEP 1987.  Council’s heritage advisor and the Heritage Council have advised that the building adds value to the heritage significance of Lane Cove area.  The demolition of the heritage item can not be supported unless Council is convinced the argument input forwarded by the Heritage Impact Statement.

 

·          The scale of the proposed development is out of proportion to existing homes in our neighbourhood.

 

Officer’s comment:

 

The dwelling house at 10 Poole Street is proposed to be built on a site area of 3567m2 with a gross floor area of 1855m2.  Its scale is larger than all existing nearby dwelling houses, and it is agreed that the proposal will be out of proportion with the surrounding development. 

 

·          We are concerned about possible commercial use of the proposed building.  There are reception area and meeting room shown on the plans. 

 

Officer’s comment:

 

The proposed application applies for the construction of two dwelling houses on two proposed allotments.  Dwelling houses are permissible in 2(a2) zones in accordance with Lane Cove LEP 1987.  Originally, there was a proposed meeting room shown on the first floor plan of the dwelling house at 10 Poole Street.  This was altered by the applicant to be a library. 

 

·          Noise from air conditioners located adjacent the boundary.

 

Officer’s comment:

 

Six air-conditioning units are proposed for the dwelling house at 10 Poole Street.  They are proposed to be located in a large enclosure adjacent to the arrival court, 3.1m from the southern boundary.  The location is considered a reasonable distance to the dwelling houses of the adjoining properties. 

 

·          3 storey section of house exceeds the height controls of Council’s Code for Dwelling Houses.

 

Officer’s comment:

 

The lower ground floor of the north pavilion of the dwelling house at 10 Poole Street would be built under the natural ground level.  The proposed building does not exceed two storey above the natural ground level.  The proposal complies with the height requirement of the Code.

 

·          The proposed development will over shadow the pool and private outdoor space of 3 Stuart Street, Longueville.

 

 

 

 

Officer’s comment:

 

The solar access requirement of the Code states that a portion of north facing windows of neighbouring dwellings receive at least 3 hours sun between 9am and 3pm on 22 June.  The shadow diagrams show that the proposed development does not shadow any facing windows of the adjoining properties by more than 3 hours.  There is no additional over shadowing to the pool and marginal early morning over shadowing of the open space of 3 Stuart Street caused by the proposal. 

 

·          The second house fronting Poole Street has no carparking

 

Officer’s comment:

 

There is no on site parking provisions proposed within the boundaries of 12 Poole Street.  However, two easement car parking spaces located at the arrival court for the second houses are shown on the amended plans.  However, the easement for the vehicle access to the easement parking spaces is not shown on the amended plans. 

 

CONCLUSION

 

The development application has been assessed in accordance with Section 79C of Environmental Planning and Assessment Act 1979.  The demolition of the heritage item will create an adverse impact on the heritage value of the local government area and the demolition of a building completed less than 10 years will not promote sustainable development.  The scale of the proposed dwelling building on 10 Poole Street is incompatible with the surrounding development, given its visual bulk and relationship with other dwelling houses in the locality.  The proposed development is not supported and the development application is recommended for refusal.

 

Executive Manager’s Comment:

 

A critical issue of the application relates to the heritage significance of heritage item 13153 located at 10 Poole Street, known as “Derwent House”.  The heritage dwelling house listing stated that the dwelling house is a “Substantial house of mid-wars period in the picturesque cottage style”.  The item is of local significance in the Lane Cove LEP.  Notwithstanding the issues of non-compliance with the proposed structures Council must address the fundamental question. Is this heritage item of such significance that any application for demolition should be rejected? 

 

If Council is of the view that this heritage item is significant, it must reject the contention of the applicant’s Heritage Impact Statement dated December 2006 that “the building does not have technical, social or historical significance”, as advised on the page of 36 of the applicant’s heritage statement.   After determining the significance of heritage item 13153 Council should then consider the merit of the proposed development.

 

 

 

 

 

 

 

 

 

 

 

RECOMMENDATION

 

That That Council as the consent authority pursuant to section 80 (1) (b) of the Environmental Planning & Assessment Act 1979 refuse consent to Development Application No.388/2006 for demolition of three existing dwelling houses, consolidation of No.10 and 12A with boundary adjustment for 12 Poole Street and construction of two new dwelling houses at 10, 12 and 12A Poole Street, Longueville, for the following reasons:

 

1.         The proposed demolition of heritage item 13153 located at 10 Poole Street is unreasonable and is rejected.

 

2.         The proposed development does not comply with the aims and the objectives of the Environmental Planning and Assessment Act 1979 and would not promote an ecological sustainable development to Lane Cove.

 

3.         The proposed development does not comply with the aims and the objective of Lane Cove Local Environmental Plan 1987.  

 

4.         The proposed development does not comply with the aims and the provisions of Lane Cove Code for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings.

 

5.         The amenity for the future occupants at 12 Poole Street is considered unsatisfactory.

 

6.         The approval of the development application would not serve the public interest.

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Neighbour Notification Plan

1 Page

 

AT‑2 View

Development Proposal Plans

36 Pages

 

AT‑3 View

Heritage Consultant's Report

2 Pages

 

AT‑4 View

Advice from the Heritage Council

1 Page

 

AT‑5 View

Energy Efficiency Investigation Summary

1 Page

 

 

CNL030907ES_27

*****   End of Environmental Services Division Report No. 27   *****

  


ORDINARY COUNCIL

 

ORDER OF THE DAY NO. 17

 

3 SEPTEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 3 September 2007

27/08/2007 to Ordinary Council

Order Of The Day No. 17

Subject:           Meeting in the Plaza - Saturday 29 September 2007    

Record No:     SU1914 - 24472/07

Author(s):       Myrna Eisenhuth 

 

 

Executive Summary

 

Councillors are next due to meet with the public in the Plaza on Saturday 29th  September

2007 between 10.30 am and 12.00 midday.

 

 

 

 

 

 

RECOMMENDATION

 

That Councillors nominate whom they wish to attend the “Meeting in the Plaza – Saturday 29 2007”.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

 

ATTACHMENTS:

There are no supporting documents for this report.

CNL030907OD_17

*****   End of Order Of The Day No. 17   *****

    


ORDINARY COUNCIL

 

CORPORATE SERVICES DIVISION REPORT NO. 44

 

3 SEPTEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 3 September 2007

21/08/2007 to Ordinary Council

Corporate Services Division Report No. 44

Subject:           Annual Financial Reports for 2006/2007 - Referral for Audit    

Record No:     SU772 - 23701/07

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

Council's Annual Financial Reports for the year ended 30 June 2007 are presented for referral to audit.  A statement is required in respect of the accounts from Council and Management in relation to the accuracy of the accounts.  It is recommended Council sign the statement and refer the accounts for audit.

Discussion

 

Council's Annual Financial Reports for the year ended 30 June 2007 have been prepared and are ready to proceed for Audit. The general purpose financial reports, special purpose financial reports and special schedules are required to be completed and ready for audit by 31 October following the financial year end.  In accordance with Section 413(2)(c) of the Local Government Act, Council is required to include with the Annual Financial Reports a "Statement by Councillors and Management" signed under resolution of Council, by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer, which will allow Council's Auditor to complete the audit.  A similar "Statement by Councillors and Management" is also required for the Special Purpose Financial Reports.

 

Following the Audit, the Annual Financial Reports will then be presented to Council in November, with the Auditors Report.  The "Reports" to be signed plus a copy of the Annual Financial Reports for the Year ended 30 June 2007, are attached.  In order for Council's Annual Financial Reports for 2006/2007 to go forward for Audit the following resolution of Council is now required.

 

 

 

RECOMMENDATION

 

That:-

 

1.   In respect to Council's General Purpose Financial Reports the following statement be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

 

GENERAL PURPOSE FINANCIAL REPORTS FOR THE YEAR ENDED 30 JUNE 2007

Statement by Councillors and Management made pursuant to section 413 (2)(C) of the Local Government Act 1993 (as amended).

 

 

The attached General Purpose Financial Reports for the year ended 30 June 2007, have been drawn up in accordance with:-

 

·    the Local Government Act 1993 (as amended) and the Regulations made thereunder;

·    the Australian Accounting Standards and professional pronouncements;

·    the Local Government Code of Accounting Practice and Financial Reporting;       

 

To the best of our knowledge and belief, this Report:-

 

·    presents fairly the Council's operating result and financial position for the year; and

·    accords with Council’s accounting and other records.

 

We are not aware of matter that would render this Report false or misleading in any way.

 

2.         In respect to Council's Special Purpose Financial Reports, the following statement be provided for signature by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer:-

 

SPECIAL PURPOSE FINANCIAL REPORTS  FOR THE YEAR ENDED 30 JUNE 2007

 

Statement by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

 

The attached Special Purpose Annual Financial Reports for the year ended 30 June 2007, have been drawn up in accordance with:-

 

·    NSW Government Policy Statement "Application of National Competition Policy to

      Local Government"; and

·    Department of Local Government guidelines "Pricing & Costing for Council Businesses:

           Guide to Competitive Neutrality".

·    The Local Government Code of Accounting Practice and Financial Reporting

 

To the best of our knowledge and belief, this report:-

 

·    Presents fairly the Council's operating result and financial position for each of Council’s

declared Business Activities for the year; and

·    accord with Council’s Accounting and other records.

 

We are not aware of any matter that is false or misleading in any way.

 

3.         Council's Annual Financial Reports for the year ended 30 June 2007 be referred for audit by Council’s Auditors.

 

 

 

 

 

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Annual Financial Reports for 2006/2007 - Referral for Audit

62 Pages

 

 

CNL030907CSD_44

*****   End of Corporate Services Division Report No. 44   *****

  


ORDINARY COUNCIL

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 21

 

3 SEPTEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 3 September 2007

10/08/2007 to Ordinary Council

Environmental Services Division Report No. 21

Subject:           Draft Inner North Subregional Strategy    

Record No:     SU1447 - 22429/07

Author(s):       Stephanie Bashford; Brendan Metcalfe 

 

 

 

 

Executive Summary

 

The Draft Inner North Subregional Strategy was released in July for public exhibition. The purpose of this Report is to outline the contents of the Strategy, the key issues relevant to Lane Cove, and its relationship with other State policies and with the Draft Lane Cove Comprehensive Local Environmental Plan (DLEP 2007).

 

The Report recommends that Council make a submission on the Strategy, in particular regarding the need for the State Government to make a commitment to provide infrastructure to cater for the required growth, to establish a formal regional planning forum and to provide guidelines to ensure planning consistency in the specific location of growth between adjacent councils. A copy of the proposed submission is at AT 1.

 

 

Background

 

The Draft Inner North Subregional Strategy (INSRS) was released by the NSW Department of Planning on 18 July 2007. Copies have been made available to Councillors separately to this report.

 

The Draft Strategy is on public exhibition for two months until 17 September 2007 at each of the Councils within the subregion. The Inner North Subregion comprises Lane Cove, Mosman, North Sydney, Willoughby, Ryde and Hunter Hill Councils.

 

 

Relationships with other State policies

 

The Metropolitan Strategy for Sydney was released in December 2005. It provided broad principles for growth within Sydney but did not specify targets for individual council areas. It states that growth across the ten subregions over the twenty five years to 2031 was to comprise:-

 

·    1.1 million new population

·    640,000 new homes

·    550,000 new jobs

 

Its full set of actions is provided in Appendix 1 to the INSRS.

 

The NSW State Plan, released in November 2006, provided overarching goals, including: healthy and harmonious communities, a high quality public transport system with cycling and pedestrian networks, improving urban environments, stimulating business investments, providing for open space and the arts and increasing the number of dwellings within thirty minutes travel of a Strategic Centre.

 

The Urban Transport Statement also released in November 2006, proposed new infrastructure, strengthening of eighteen transport corridors and a new Centre for Transport Planning and Product Development.

 

 

The Contents of INSRS

 

The following provides an outline of the contents of the Strategy. Matters specific to Lane Cove are in italics.

 

Key Directions (page 6)

 

·    Knowledge-based employment: IT, communications, biomedical, education and property

·    A Global Economic Corridor from Ryde to North Sydney (and Botany Bay) with a series of strategic centres, good access, a broad labour catchment, strong commercial role and competition for investment. This reflects the recommendations of the St Leonards Strategy finalised in December 2006.

·    Knowledge assets to be reinforced: the subregion has the highest concentration of professional and managerial residents and workers. It is to be reinforced with State infrastructure projects. For Lane Cove, however, only two items are indicated: Item 25 (repairs for Figtree Bridge) and Item 31 (a new zone substation near the Pacific Highway/Longueville Road intersection): see Table 3 at page 18.

·    Protect strategic employment lands: including Lane Cove West Business Park from changing to residential or higher-order economic (i.e. semi-commercial) use

·    Housing choice: “sustainable and liveable communities”, new housing forms in areas of public transport access and amenity, residential development within centres and high quality urban form.

·    Public transport: Lane Cove Tunnel, North West Harbour-South West Rail Link, integrated land use and transport planning.

·    Protect Harbour and Bushland setting: Public access.

 

Structure Plan (page 10)

 

·    1 Global City (including North Sydney)

·    2 Specialised Centres: St Leonards in one, Macquarie the other.

·    1 Major Centre: Chatswood

·    4 Town Centres: Lane Cove Town Centre is one

·    5 Villages: (e.g. Crows Nest)

·    Numerous neighbourhood Centres: Lane Cove has five (Innes Road is not listed)

·    30,000 new homes

·    60,000 new jobs

 

 

Process (page 10)

 

·    Monitoring of actions by the Department of Planning and Metropolitan CEOs with annual progress reports to the Minister and the Infrastructure Planning Committee of Cabinet.

·    Section 117 Directions to expand to relate, for example, to stream mapping and biodiversity requirements for future LEP drafting

·    The final Strategy to represent an agreed State Government position on Inner North planning

·    Lane Cove’s job target is 6,500 (the other five councils targets are on page 24)

·    8,200 new jobs in St Leonards, preferably A-grade commercial

·    Lane Cove (65 hectares) and Willoughby (94 hectares) contain most of the industrial land.

·    High-tech, business park expansion across subregion

·    Limited land supply, with loss of 187 hectares in 19 years, so rezoning is restricted.

·    These categories of industrial lands (page 26):-

-  land to be retained: including Lane Cove West

-  land with potential for a wider range of employment use: 150 Epping Road

-  land that could be investigated for alternative uses: Burns Bay

·    Transport infrastructure (TUTA) will affect economic future

 

Centres and Corridors (page 36)

 

·    The hierarchy of centres in shown on pages 38-41 and is described above.

·    The Lane Cove Town Centre is described on page 50.

·    Local centres renewal in encouraged: Lane Cove Alive project supports this.

 

Housing (page 58)

 

·    Lane Cove’s housing target is 3,900 new dwellings (the other five council’s targets are shown on page 63).

·    The subregions dwelling target of 30,000 would be 6.7% of Sydney’s increase – a minor decline from 8% to 7% of the total dwelling share in Sydney for 2031.

·    This growth rate would be 1,100 dwellings per year, lower that the 1,800 per year over the past ten years in the subregion.

·    The proportion of detached houses is 42%, including in Lane Cove, compared with 60% in Sydney generally.

·    Townhouses, villas and dual occupancies are 20%, contrasted with only 6% in Lane Cove, and are encouraged.

·    Housing targets are to have annual and 5 yearly reviews.

·    80% of dwellings to be within 30 minutes travel by public transport of a Strategic Centre: Lane Cove has high compliance.

·    Affordable housing is being investigated by the NSW Affordable Housing Interdepartmental Committee. The State Government remains committed to a strong social housing sector: The Lane Cove DLEP 2007 includes affordable housing consideration and rezoning requested by the Department of Housing.

 

 

 

 

Transport (page 70)

 

·    Data on existing travel patterns and usage (Figure 25, page 72)

·    New North West – Harbour – South West rail line: with two new stations at North Sydney and Crows Nest, linking to St Leonards station under Oxley Street

·    43 strategic bus corridors in Sydney, 12 being in the Inner North: 2 along Epping/ Longueville Roads, one along Centennial Avenue/ Burns Bay Road and one along Pacific Highway (Figure 26, page 73)

·    Main road upgrades on Pacific Highway between Chatswood and North Sydney to cater for growth pressures along this part of the Global Economic Corridor – and a possible “metro-rail system” is mentioned

·    Dedicated rail freight infrastructure to ease pressure on the road system

·    AusLink Sydney Urban Corridor strategy for preparation with the Commonwealth Government between 2009-2015

·    A metropolitan-wide parking policy is being prepared by the Department to guide supply and management for centres including St Leonards

·    Local and regional walking and cycling networks will be improved

 

Environment Heritage and Resources (page 84)

 

·    Improve and protect riparian corridors and waterway health, protect the loss of biodiversity, conserve and manage Aboriginal and other cultural heritage and protect air quality

·    Preventing sedimentation and stormwater pollution of the waterways and their respective tributaries; and protecting areas of biodiversity from the introduction and expansion or weed and pest species, bushfire risk, stormwater, erosion, and recreational pressures

·    Section 117 Direction on how stormwater is to be considered in draft LEPs

·    Applying relevant stormwater targets in Lane Cove on a subcatchment basis through water sensitive urban design

·    The Lane Cove River Estuary Management Committee to coordinate their environmental protection planning controls and restoration works

·    The Sydney Metropolitan Catchment Management Authority will, with the assistance of councils, progressively undertake stream mapping to enable councils to develop planning controls to protect regionally significant riparian corridors.

·    State Government and councils to consider regional biodiversity matters to inform principal LEPs

·    Councils to seek advice from the Department of Environment and Climate Change on relevant existing information and mapping relating to biodiversity

·    Protect Aboriginal Cultural Heritage and review registers: Done prior to preparation of DLEP 2007

·    Conserve Sydney’s Cultural Heritage: Where existing heritage studies are out of date or inadequate, councils will review and/or update them as part of preparing their Principal LEPs: Already in Lane Cove’s 2007/08 budget

·    Heritage Items and Conservation Areas – Lane Cove

 

 

ABORINGINAL SITES

LOCAL HERITAGE ITEMS IN LEP

STATE HERITAGE ITEMS

FEDERAL HERITAGE ITEMS

CONSERVATION AREAS

Lane Cove

67

417

5

0

1

 

·    Minimise household exposure to unacceptable noise levels: The Department of Environment and Climate Change will develop best practice guidelines on planning along transport corridors with the Department of Planning, NSW Health and the Roads and Traffic Authority: DLEP’s proposal for new flats zones along Pacific Highway supported by Department  currently

 

Parks, Public Places and Culture

 

·    Parks, public places and culture: equitable access and sustainable management for parks and public places for all residents and visitors. 1,854 hectares of the subregion is open space (19%) – a detailed breakdown of use is at page 102

·    The quality of life within the subregion is also influenced by the cultural activities available to residents. The subregion’s main streets, plazas, civic squares and waterfronts are important meeting places for social interaction and establish a sense of place including the Lane Cove Plaza

·    In planning for future growth of centres, councils are to consider the need for new civic spaces, wider footpaths and boulevards

·    Distance: Lane Cove and the subregion are generally serviced well by open space within 10 minutes walk

·    Constraints: Pacific Highway, Epping Road may impede movement. Access to bushland is constrained by topography.

·    Facilities:  Increasing demand to develop regional sport facility hubs. A shortage of facilities to meet demands of some age groups for some sports.  A need for more informal, family orientated areas. Upgrade playing fields to district level (local cost implications)

·    There are two significant regional open space funding programs available to Inner North councils to improve quality and access to regional open space and the foreshores of Sydney Harbour and its tributaries:  Metropolitan Greenspace Program and Sharing Sydney and Harbour Access Program. Bays, inlets and private ownership make connections along the foreshore difficult in parts of the subregion, but access to around 15.9 km of harbour foreshores has been provided or improved through projects funded by the SSHAP

·    Improve access to waterways and links between bushland, parks and Strategic Centres and local centres

·    Completion of gaps and improvement to existing trails such as Lane Cove River to Ryde, Meadowbank to Lane Cove River to Great North Walk. Future access points along the foreshore and access to water based activities will be promoted by the SSHAP

·    Upgrade existing walking tracks along the Harbour foreshore, Lane Cove River and Parramatta River

·    Where there is local open space, councils should consider an open space embellishment program that improves facilities to encourage use

·    Inner North Councils to investigate the provision of additional multipurpose indoor sports facilities to meet the needs of the current and future populations of the subregion

·    Recognise the night economy to protect entertainment and nightlife clusters

 

Implementation and Governance

 

·    Annual monitoring committee of Department of Planning with councils’ CEOs

·    Actions for Lane Cove: Completion of the Principal LEP.

 

Conclusion     

 

The goals of the Inner North Subregional Strategy in planning for some level of growth over the next 25 years are accepted in principle. The specific targets for residential and employment growth are acknowledged, in so far as being incorporated into Council’s Draft Comprehensive Local Environmental Plan, but Council has not yet had the opportunity to place them on public exhibition. In the interim, prior to this community consultation, Council should call upon the State Government to address the following concerns:-

 

(i)         the importance of providing criteria for assessing the amount of open space and other resources required in proportion to an increasing population, and the fact that to the extent that these factors limit growth in Sydney, the Department should prepare a State-wide strategy for sustainable decentralisation

(ii)        the need for the State Government to make a commitment to a more detailed infrastructure plan, to be prepared in consultation with councils in a subregional planning forum, for the same 25-year timeframe of the Strategy to 2031.

 

It is recommended that Council make a submission on the Strategy in accordance with the draft at AT 1.

 

 

 

 

RECOMMENDATION

 

That Council:-

 

1.         Note the Draft Inner North Subregional Strategy

 

2.         Make a submission on the Subregional Strategy’s exhibition in accordance with the draft at AT 1 to this Report No.21.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Submission on the Draft Inner North Subregional Strategy

4 Pages

 

 

CNL030907ES_21

*****   End of Environmental Services Division Report No. 21   *****


ORDINARY COUNCIL

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 24

 

3 SEPTEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 3 September 2007

28/08/2007 to Ordinary Council

Environmental Services Division Report No. 24

Subject:           16 Taleeban Road Riverview    

Record No:     DA07/119 - 24539/07

Author(s):       Peter Thomas 

 

 

Executive Summary

 

·    A Development Application has been submitted for the demolition of the existing dwelling house and the erection of a 2 storey dwelling house and swimming pool.

·    The proposal complies with Council’s requirements with the exception of floor space ratio, which exceeds the 0.5:1 maximum.

·    The proposal attracted one letter of objection.  The reasons for objection included:

o Proposal exceeds the 0.5:1 floor space ratio

o Setback of the pool

o Tree removals

These issues are fully discussed in the original report which is attached.

·    A copy of the original assessment report recommending refusal of the proposal is attached to this report as AT1.

 

The applicant has been requested to address the excess in Floor Space Ratio and submit amended plans.  At the time of drafting this report the applicant is yet to submit the requested plans.  However, such are anticipated before the Council meeting.

 

The application is submitted for determination.

 

Background

 

The Development application was considered at the Planning and Building Committee Meeting of 20 August 2007. 

 

The report before the Committee sought to refuse the application for the following reasons:

 

1.         The proposed floor space ratio of 0.59:1 exceeds Council’s maximum requirement of 0.5:1 under the Code for Dwellings.

2.         The proposal is considered likely to adversely affect the amenity of the area.

3.         The bulk and scale of the proposed dwelling house is considered excessive.

4.         The proposal creates an undesirable precedent for further applications with a floor space in excess of the Code for Dwellings.

5.         The proposal is not in the public interest.

 

 

 

 

The Planning and Building Committee considered the report and resolved:

 

That the owners and the architect consider amendments that would reduce the proposed floor space and present to Council for determination.

 

The applicant has reviewed the proposal and had a further meeting with Council’s officers.

 

At the time of preparation of this report, the amended plans had not been received.  The applicant has however indicated that they have had success in reducing the floor space ratio to 0.55:1, which was generally the figure being considered by the Planning and Building Committee.  The floor space ratio is to be verified once the amended plans are received and reported separately to Councillors prior to the Council Meeting.

 

Draft conditions of consent have been prepared should Council wish to approve the application notwithstanding the excessive floor space ratio of 0.55:1. The draft conditions are contained in AT2.

 

 

RECOMMENDATION

 

That the report be received and the Council determine the development application.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Original DA report to Planning and Building Committee meeting of 20 August2007

8 Pages

 

AT‑2 View

Draft Conditions of Consent

10 Pages

 

 

CNL030907ES_24

*****   End of Environmental Services Division Report No. 24   *****

 


ORDINARY COUNCIL

 

3 SEPTEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 3 September 2007

28/08/2007 to Ordinary Council

Environmental Services Division Report No. 25

Subject:           30 George Street, Greenwich    

Record No:     DA07/76 - 24546/07

Author(s):       Peter Thomas 

 

 

Executive Summary

 

·    A Development Application has been submitted for the carrying out of alterations and additions to the existing dwelling house and the erection of a carport at the front of the property.

·    The proposal complies with Council’s requirements with the exception of floor space ratio, which exceeds the 0.5:1 maximum, encroachment on the front building line, non compliance with the side setback and loss of privacy from the proposed deck.

·    No objections were received to the proposal. 

·    A copy of the original assessment report recommending refusal of the proposal is attached to this report as AT1.

 

The applicant has been requested to amend the carport and staff to prepare draft consent conditions for consideration by Council.  This application is submitted for determination.

 

Background

 

The Development application was considered at the Planning and Building Committee Meeting of 20 August 2007. 

 

The report before the Committee sought to refuse the application for the following reasons:

 

1.         The proposed development does not comply with the aims and objectives of the Lane Cove Local Environmental plan, 1987, as amended.

2.         The proposal does not comply with clause 18A of the Lane Cove Local Environmental Plan, 1987, as amended.

3.         The proposed development does not comply with the objectives and the provisions of Lane Cove Code for Dwelling Houses, Fences, Private Swimming pools and Outbuildings.

4.         The development application contains inaccurate information.

 

Particulars of the non compliances are elaborated upon in the original report which is attached.

 

The Planning and Building Committee considered the report and resolved:

 

THAT the General Manager prepare draft conditions of approval and the applicant submit treatment details of the carport boundary wall and the matter be referred to the Council meeting of 3 September 2007 for determination.

 

At the time of preparation of this report, the carport details had not been received.  Once received, they shall be commented upon and reported separately to Councillors, prior to the Council Meeting.

Draft conditions of consent have been prepared should Council wish to approve the application. The draft conditions are contained in AT2.

 

 

 

 

RECOMMENDATION

 

That the report be received and that Council determine the development application.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Original Report to Planning and Building Committee of 20 August 2007

10 Pages

 

AT‑2 View

Draft conditions of consent

7 Pages

 

 

CNL030907ES_25

*****   End of Environmental Services Division Report No. 25   *****

       

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