Lane Cove Council

 

 

 

 

 

Ordinary Council

 

 

 

AGENDA

 

 

 

DATE OF MEETING:          15 October 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

 

15 OCTOBER 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.       Open Space and Urban Services Division Report No. 35

SUBJECT: NSROC Tender for Supply; Supply & Delivery and Supply, Delivery & Laying of Asphaltic Concrete

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 and Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process.

Some information provided to council by tenderers is provided on the basis that council will treat it as commercial in confidence.  It is not in the public interest to reveal all details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to council’s decision..

  

SUSPENSION OF STANDING ORDERS

 

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

 

2.      ORDINARY COUNCIL MEETING - 2 OCTOBER 2007

 

 

 


Orders Of The Day

 

3.       Order Of The Day No. 20

SUBJECT: Council and Committee Meeting Schedule - November 2007

 

4.       Order Of The Day No. 21

SUBJECT: Citizenship Ceremony

 

General Managers Reports

 

5.       General Managers Report No. 27

SUBJECT: Major Projects Strategic Management Plan 2007-2016

 

6.       General Managers Report No. 28

SUBJECT: Lane Cove West Bowling Club Review - Public Exhibition

 

Corporate Services Division Reports

 

7.       Corporate Services Division Report No. 48

SUBJECT: Proposals from the Department of Local Government on Extending the Appoinment of Mayors and Temporary Appointment of Staff

 

Environmental Services Division Reports

 

8.       Environmental Services Division Report No. 413

SUBJECT: Blackman Park, Lane Cove West (No.8 Lloyd Rees Drive)

 

9.       Environmental Services Division Report No. 34

SUBJECT: Delegated Authority Report - September 2007

 

10.     Environmental Services Division Report No. 35

SUBJECT: Waste Service Improvement Payments

  

QUESTIONS WITHOUT NOTICE

 

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

 

          


ORDINARY COUNCIL

 

ORDER OF THE DAY NO. 20

 

15 OCTOBER 2007

 

 

 

 

Ordinary Council at the Meeting 15 October 2007

10/10/2007 to Ordinary Council

Order Of The Day No. 20

Subject:           Council and Committee Meeting Schedule - November 2007    

Record No:     SU1915 - 30154/07

Author(s):       Myrna Eisenhuth 

 

 

Executive Summary

 

Council and Committee Meeting Schedule – November 2007

 

 

November  3                Inspection Committee

 

November 5                 Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

November 19               Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

 

 

 

RECOMMENDATION

 

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

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

 

ATTACHMENTS:

There are no supporting documents for this report.

CNL151007OD_20.doc

*****   End of Order Of The Day No. 20   *****

 


ORDINARY COUNCIL

 

ORDER OF THE DAY NO. 21

 

15 OCTOBER 2007

 

 

 

 

Ordinary Council at the Meeting 15 October 2007

11 October 2007 to Ordinary Council

Order Of The Day No. 21

Subject:           Citizenship Ceremony    

Record No:     SU28 - 30334/07

Author(s):       Anita Holesgrove 

 

 

Executive Summary

 

The Mayor will preside over an Australian Citizenship Ceremony to be held in the Council Chamber on Wednesday 31st October 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 31st October 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.

CNL151007OD_21.doc

*****   End of Order Of The Day No. 21   *****

    


ORDINARY COUNCIL

 

GENERAL MANAGERS REPORT NO. 27

 

15 OCTOBER 2007

 

 

 

 

Ordinary Council at the Meeting 15 October 2007

27/09/2007 to Ordinary Council

General Managers Report No. 27

Subject:           Major Projects Strategic Management Plan 2007-2016    

Record No:     SU439 - 28952/07

Author(s):       John Lee 

 

 

1.0       Executive Summary

 

This report considers the surveys and submissions received as part of the community consultation for the draft Major Projects Strategic Management Plan 2007-2016 and recommends the Plan for adoption by Council.

 

2.0       Minute of Reference

 

General Manager’s Report No 16, Ordinary Meeting 16 July 2007 – Resolution:

 

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

 

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

 

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

 

4.        A Councillors Workshop be held during display period, for Councillors to consider the Draft Major Projects Strategic Management Plan 2007-2016, Draft Open Space Plan and the Lane Cove West Bowling and Recreation Club Financial and Building Assessment Report.

 

3.0       Exhibition

 

The Plan was placed on Public Exhibition on 27 July 2007 with a closing date of 28 September 2007.  Although the overall response to the plan was positive, the closing date was extended to 10th October 2007 to encourage further responses after distribution of Council’s Community Newsletter.

 

4.0       Councillor Workshop

 

A workshop with Councillors was held on 13 August 2007 when the following questions were posed:

 

a)         What new projects should be included, and how much would they cost?

b)         What projects to be excluded from the Plan and what savings / reduction in expenditure or income would result;

c)         What changes in timetable should be made, with funding implications and potential impact on other projects; and

d)         What changes to the text may be required with the fundamental proposition of the plan being that if community facilities are to be provided in a timely manner, there must be some realization of funds from development of underutilized assets.

 

5.0       Public Consultation

 

The public consultation strategy was outlined in the report to the Ordinary Meeting of 16 July 2007. The following subsections outline a number of key elements and findings.

 

5.1       Explanatory Pamphlet

 

An explanatory pamphlet was produced which set out the key principles or ground rules for the Plan and a broad outline of proposals for each of the 5 main sites.  The explanatory pamphlet and the Plan was placed on Council’s website along with the on line survey, the review for Lane Cove West Bowling Club and the Club’s reply.

 

5.2       Iris Research

 

Iris Research re-polled 264 out of the 413 original respondents from their initial survey to determine their attitude after having read the Major Projects Plan.  Attachment 1 is their final report.   

 

To clarify satisfaction levels further, the respondents were asked to indicate: “Yes”, “I could live with it”, “No” or “Don’t Know”.  Overall, the Iris polling showed strong support ranging from 74% to 96% for each of the guiding principles that would govern how the plan will be implemented, as shown in the following graph:

 

 

 

The majority of respondents polled were in favour of redevelopment of the 5 sites identified. Eight out of 10 residents surveyed supported the redevelopment of 314 Burns Bay Road, 266 Longueville Road, and Little Lane Car Park, while 7 out of 10 residents supported the redevelopment of 151 Burns Bay Road (Lane Cove West Bowling Club) and Rosenthal Avenue Car Park.  This is summarised in the following graph:

 

5.3       Council Surveys

 

Using the same questions asked by the Iris Research, Council also conducted an on-line web based survey and included the main questions on each of the principles and each of the 5 sites in a paper based survey (Attachment 2) issued to over 1000 residents who owned property in the vicinity of one of the 5 main sites.  The paper based surveys were also available via the Libraries, the Civic Centre and the 2 day public exhibition held in the Plaza.

 

A total of 33 respondents completed the on line survey out of 41 respondents who commenced the survey and a total of 122 respondents submitted the paper based survey.

 

It is important to keep in mind that Iris Research undertook their survey at random across a representative demographic for Lane Cove.  The Council survey is based on self selection with an associated bias with a minimum of 85 out of 155 respondents living near one of the 5 main sites and having been the recipient of direct mail as a property owner in the vicinity of a site.

 

The following graph summarizes the responses received both on line and from the paper based survey to the principles.

Remembering that the majority of respondents (85 out of 155) lived near one of the 5 main sites, the results show that eight out of 10 respondents surveyed supported the redevelopment of Little Lane Car Park, 7 out of 10 supported redevelopment of the Rosenthal Ave carpark and 266 Longueville Road, and 6 out of 10 residents supported the redevelopment of 151 Burns Bay Road (Lane Cove West Bowling Club) and 314 Burns Bay Road.  This is summarised in the next graph.

 

 

5.4       Review of Both Surveys

 

The results from Iris Research and Council surveys showed similar trends.  The results from Iris Research were taken across a broad demographic within Lane Cove LGA while respondents in Council’s surveys self selected with a majority of respondents living near one of the 5 main sites.  While it is statistically not appropriate to combine the results, both results provide a reasonable snapshot of the community’s positive views to the principles and projects in the Plan. 

 

5.5       Written Submissions

 

A  total of 24 written submissions and a number of general comments were received relating to the plan addressing covenants, the appropriateness of open space being used to fund community facilities and development detail such as traffic, congestion, views, noise, height, FSR etc.

 

Attachment 3 summarizes the submissions with comment where relevant.

 

5.6       Comments Included In On Line and Paper Surveys

 

Attachment 3 also includes a summary of issues raised in on-line and paper based surveys. 

 

5.7       Assessment of the No Responses to Development on Open Space Sites

 

The following graphs provide a useful insight into the survey responses where the majority of respondents who did not support development of an open space site they lived near to, supported development on other open spaces sites in the plan.

 

5.7.1    314 Burns Bay Road

 

The next graph indicates that of the 20 respondents from the 314 Burns Bay Rd area who did not support a development on 314 Burns Bay Road, 12 of these respondents said “Yes” or “I could live with” developments on 266 Longueville Road and 15 said “Yes” or “I could live with” developments on 151 Burns Bay Road (Lane Cove West Bowling Club).

 

 

 

 

 

 

 

 

 

5.7.2    151 Burns Bay Road (Lane Cove West Bowling Club)

 

The next graph indicates that of the 17 respondents from the 151 Burns Bay Rd area who did not support a development on 151 Burns Bay Road, 14 of these respondents said “Yes” or “I could live with” developments on 266 Longueville Road and 11 of these respondents said “Yes” or “I could live with” developments on 314 Burns Bay Road.

 

                       

5.7.3    266 Longueville Road

 

Insufficient responses were received from the 266 Longueville Road precinct to determine these relationships.

 

5.7.4    Yes/No Relationship

 

The next graph shows that while 7 respondents did not support development on any of the 5 main sites in the Plan, 49 respondents supported all sites.

 

 

5.8       Additional Information From On Line Survey

 

Additional demographic information was provided with the On Line Survey is summarised as:

a)         90% of the 41 respondents were in the 25 – 64 age group with 29% of respondents aged 25-39, 34% aged 40-54 and 27% aged 55-64.

b)         Approx equal distribution of male to female respondents

c)         59% (24 / 41) respondents lived in Lane Cove or Lane Cove West with 15% (6 / 41) of respondents from outside Lane Cove

d)         73% (30 / 41) of respondents lived in single house dwellings

e)         85% (35 / 41) of respondents owned/purchasing their home

f)          24% (10 / 41) worked in Lane Cove

g)         71% (29 / 41) lived near a site

h)         30% (8 / 27) were members of the Lane Cove West Bowling Club

i)          44% (12 / 27) had used the auditorium in the Clubhouse

j)          Most either read the Plan or read the explanatory pamphlet

 

5.9       Community Leaders Forums

 

A meeting with community leaders was held on 16 August 2007 during which both the draft Open Space Plan and the draft Major Projects Strategic Management Plan were presented.  A presentation was also given to the Greenwich Community Association and one is scheduled for the Lane Cove West Residents Association at their next meeting.

 

 

 

5.10 Plaza Exhibition

 

An exhibition was held in the Plaza on Thursday afternoon 6th and Saturday 8th September 2007.  The exhibition included a number of panels explaining the reason for the Plan, its principles and projects.  The exhibition also included panels on the Draft Open Space Plan.

 

The exhibition was well attended and at least 10.3% of all respondents had attended the Plaza Exhibition.

 

6.0       Discussion

 

The survey results demonstrate strong support for the Plan, despite reservations or dissatisfaction  expressed by interest groups and neighbours to each of 5 main sites.  Nonetheless, a number of issues raised during the exhibition period have merit and are discussed below.

 

6.1       Covenants

 

A covenant exists on the property title for 314 Burns Bay Road in relation to the dedication by Mangrovite Belting Company P/L (the company associated with the Ludowici family) for public recreation purposes. 

 

The suspension or release of covenants is not uncommon.  Section 17AB of the current LEP 1987 already acts to suspend this covenant for a section of the site subdivided off 314 Burns Bay Road to facilitate additional carparking associated with 300 Burns Bay Road.

 

While the covenant is an important issue to be considered, the continued application of this covenant is a consideration as part of the draft comprehensive LEP 2007.  The Plan is premised on the basis that a rezoning occurs as part of the draft comprehensive LEP 2007, that the land required by the Plan for residential becomes classified as operational and that the covenant is either suspended or removed.  A section has been added to the plan to clarify this point.  

 

As noted in Attachment 3, one respondent indicated that he had discussed with the Ludowici family the possible sale of 314 Burns Bay Road provided sale funds were put into other community facilities.

 

If development does proceed on this site it is recommended that consideration be given to naming the remaining section of park as the F J Ludowici Park or Mangrovite Belts Park in recognition of the Ludowici family gift to the community, subject of course to discussion with the family.

 

6.2       Density

 

A number of respondents particularly around 314 Burns Bay Road raised concern in relation to proposed density foreshadowed in the draft comprehensive LEP.  This is a matter where the community can respond when the draft Comprehensive LEP is placed on public exhibition.  It is noted that an extract of the draft comprehensive LEP was included in the Plan as a matter of transparency.

 

 

 

 

6.3 Traffic

 

Changes in land use particularly in the 314 Burns Bay Road precinct will have traffic impacts.  It is therefore appropriate to undertake a traffic study to understand the change in traffic movements.  As access to the Tuta Site and possibly alternate access through to Burns Bay Road for southbound traffic is possible, it is recommended that a traffic study be now undertaken to understand the traffic implications associated with the proposed zonings in the draft comprehensive LEP 2007.

 

Traffic impacts will be considered by Scott Carver in the development of planning controls for 314 Burns Bay Road.

 

6.4       Cultural Centre

 

The location of a cultural centre was canvassed by a limited number of respondents, with different views being expressed.  While the survey did not expressly seek community views on location, respondents suggested the Civic Centre, 266 Longueville Road or an expanded Lane Cove West Bowling Club Clubhouse as alternate sites.  Suggestions also included diversified locations for cultural activities.

 

The Plan included a cultural centre on Rosenthal Ave for the following main reasons:-

 

i.      additional carparking proposed for Rosenthal Ave can be “shared” with the Cultural centre, minimising construction costs;

ii.     traffic dispersal is via collector roads;

iii.    it is best served by public transport;

iv.    Once Woolworths carparking is in operation, the site can be taken out of service in stages to increase the amount of carparking and construct new cultural facilities without impacting on other community services;

v.     the cultural centre supplements existing retail and café outlets within the town centre;

vi.    community views suggest an open area is required within the centre.  This can be achieved as indicated in the plan as a landscaped open plan area between a cultural centre and the Plaza.  With greater opportunity for community use as open space, it becomes a trade-off for any loss of open space at 266 Longueville Road;

vii.   revenue from a residential redevelopment on 266 Longueville Road was a key factor in funding a cultural centre; and

viii.  the community centre precinct with the 3rd floor addition to the community centre has an asset life in excess of 10 years.

 

A review of the Plan will be required if Council resolves to prefer another site to Rosenthal Ave.

 

6.5       Access between 266 Longueville Road and Northwood Shops

 

The reference to investigating a possible access between a development on 266 Longueville Road and the Northwood shops has been deleted from the Plan.

 

 

 

 

 

 

6.6       Retention of Charlish Park Playground

A number of responses incorrectly assumed that Council intended to dispense with the Charlish Park playground.  The Plan does not contemplate any loss of public playground in the area of the Lane Cove West Bowling Club, but does canvass its possible relocation to Burns Bay Road in a future redevelopment.

 

6.7       Playground Within 266 Longueville Road

 

A proposal was received to include a playground and /or preschool as part of a redevelopment of 266 Longueville Road.  Although this is detail, including a playground adjacent to Longueville Road has merit and a section has been added to the Plan, subject of course to more detailed consideration as part of the Open Space Plan. 

 

6.8       Text Edits

 

A number of suggested text edits were received and, where appropriate, have been incorporated into the Plan.

 

6.9       Development Issues

 

A number of submissions raised development type issues that are rightly considered as part of planning controls and in the Statement of Environmental Effects which would accompany each development application at the appropriate time.

 

6.10     Foreshore Access From 314 Burns Bay Road

 

Unrestricted pedestrian access through to the foreshore is physically available at the moment through private property belonging to 300 / 302 Burns Bay Road.  It would be up to the Body Corporate to consider whether or how they intend to restrict public access.  This is an issue that may need to be addressed by Council through negotiation with the Body Corporate.

 

6.11     Loss of Open Space

 

While it is clear that there is some reservation and indeed some opposition or concern in regard to the inclusion of 3 sites currently zoned open space having a combined area of 2.06 ha, revenue derived from these sites were an essential element of the Plan to fund other major projects.  With more than 2 out of 3 respondents supporting a limit on the amount of open space included in the Plan for redevelopment and 8 out of 10 supporting 10% of project revenue being used for enhancement of existing open space, there is clear support for the Plan including the 3 open space sites. 

 

Loss of open space, whilst used as a reason for not supporting development, as indicated above, the opposition was more localised with support given to development of open space on sites further away from where respondents live.

 

Concerns raised in regard to obesity and exercise for children and access to usable open space can be addressed through an injection of funds otherwise not available to enhance existing open space.

 

Suggestions that all of Council’s major undeveloped land is used up in the plan are unfounded. 

 

Suggestions that using 2.06 ha now deprives future generations must be considered in the context of what this generation has or would deliver under the Plan for future generations including Community assets that are created and renewed by this generation of ratepayers.  These assets include a new aquatic centre, enlarged community centre, expanded library, additional carparking, child care and meeting facilities as well as a cultural centre and so on.

 

Whether assets are used now for current and future generations, or later for another generation, assets would still be consumed.  The community assets anticipated in the Plan have a life for many generations to come.

 

6.12     Timing

 

A number of respondents raised timing of works from different perspectives.  The Plan’s priority included additional carparking being provided as soon as practical in a redevelopment of Little Lane Carpark and a redevelopment of 314 Burns Bay Road to generate much of the funding toward the community facilities. 

 

Decisions on commencement of work on the Rosenthal Ave carpark will be influenced by:

 

a)         the location of a cultural centre, and if selected to proceed on Rosenthal Ave carpark, its planning and coordination with carparking; and

b)         a reassessment of the parking needs after Woolworths is operational.

 

Delaying Little Lane construction until after Woolworths is operational is not supported.

 

6.13     S94 Contributions to Parking

 

Suggestions that income from S94 contributions toward parking in Lane Cove CBD should not be used as a funding source when the Plan proposes to increase public parking by around 200 spaces is incorrect. 

 

Using paid parking as an income source was specifically excluded from the Plan.  Decisions on when and how to introduce paid parking is outside the scope of the Plan, other than to suggest a differential rate should apply to encourage long term parking further. 

 

7.0       Conclusion

 

The broad level of support for the Plan across the community is extremely encouraging.  Whilst each project has its own issues to resolve and continued consultation with the community is required for each site, the Plan with the minor changes outlined above is recommended for approval. 

 

The approved plan should be provided to the Department of Planning as a supporting document to the draft comprehensive LEP 2007, and in particular to changes in zoning which may be necessary to allow projects identified in the Plan to be delivered.

 

 

 

 

 

 

 

RECOMMENDATION

 

That Council:-

 

1.    Adopt the Major Projects Strategic Management Plan 2007-2016 subject to the changes outlined in the report.

 

2.    Request the General Manger to report back on the findings of a traffic study to include proposed changes in zoning being contemplated in the draft comprehensive LEP 2007 in the vicinity of 314 Burns Bay Road.

 

3.    Provide the Department of Planning a copy of the Major Projects Strategic Management Plan 2007-2016 as a reference document supporting changes in zoning which may be necessary to allow projects identified in the Plan to be delivered.

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

 

ATTACHMENTS:

AT‑1 View

Att 1  - Iris Research Final report

45 Pages

 

AT‑2 View

Att 2 - Paper Based Survey

2 Pages

 

AT‑3 View

Att 3 - Assessment of submissions

20 Pages

 

 

CNL151007GM_27.doc

*****   End of General Managers Report No. 27   *****

 


ORDINARY COUNCIL

 

GENERAL MANAGERS REPORT NO. 28

 

15 OCTOBER 2007

 

 

 

 

Ordinary Council at the Meeting 15 October 2007

10/10/2007 to Ordinary Council

General Managers Report No. 28

Subject:           Lane Cove West Bowling Club Review - Public Exhibition    

Record No:     SU439 - 30268/07

Author(s):       John Lee 

 

 

Executive Summary

 

This report advises that 1 submission was received during the public exhibition of the Report on current and likely future use of the Lane Cove West Bowling Club’s facilities, the condition of the existing structures and the financial support that may be needed from Lane Cove Council over the next 10 years and the Club’s response.  The report is recommended to be received and noted.

 

Background

 

At its Ordinary Meeting on 16 July 2007, it was resolved that:-

 

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

 

2.         Council supplement this report with written comments provided by Lane Cove West Bowling Club and the report and the written comments be publicly exhibited.

 

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

 

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

 

Discussion

 

The report and the Club’s written comments were publicly exhibited and included on Council’s website. 

 

The single submission seeks to provide a particular historical view suggesting that the review was undertaken with a lack of knowledge.  The report provided a review of the current and likely future use of the Lane Cove West Bowling Club’s facilities, the condition of the existing structures and the financial support that may be needed from Lane Cove Council over the next 10 years.  As Council has agreed to extend the lease until 31 December 2012, it will be necessary for the Club to increase its membership and revenue base over the next 5 years.

 

With other projects in the Major Projects Strategic Management Plan having a higher priority, no decisions are likely in the next 4-5 years on how this site might be redeveloped.

 

 

 

RECOMMENDATION

 

That Council receive and note this report.

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

 

ATTACHMENTS:

There are no supporting documents for this report.

CNL151007GM_28.doc

*****   End of General Managers Report No. 28   *****

  


ORDINARY COUNCIL

 

CORPORATE SERVICES DIVISION REPORT NO. 48

 

15 OCTOBER 2007

 

 

 

 

Ordinary Council at the Meeting 15 October 2007

10/10/2007 to Ordinary Council

Corporate Services Division Report No. 48

Subject:           Proposals from the Department of Local Government on Extending the Appoinment of Mayors and Temporary Appointment of Staff    

Record No:     SU2385 - 30096/07

Author(s):       Ian Naylor 

 

 

Executive Summary

 

Council has received a circular from the Department of Local Government dated 25 September 2007, advising of 2 proposals the Minister for Local Government is putting forward to all NSW Councils for comment.  The proposals involve extending the term of the Mayor from one year to two years and allowing councils to make temporary appointments of staff for up to 24 months.

 

Background

 

The 2 proposals being put forward to councils by the Minister for Local Government, the Hon Paul Lynch MP, were recommendations to the Minister by the Ministerial Advisory Council.  The Ministerial Advisory Council was established to advise the Minister for Local Government, on current issues relating to local government.  Members of the Council include Mayors, General Managers, Union representatives and the Presidents of the Local Government and Shires Associations of NSW.  At its July Meeting the Ministerial Advisory Council recommended that “the Department consult with the sector to seek comments and views on the propositions”.

 

Discussion

 

Extension of Term of Councillor-Elected Mayors

 

The first proposal is to amend the Local Government Act 1993, to extend the term of Mayors elected by councillors from one year to two.

 

The Local Government Act 1993 currently allows two methods for the election of Mayors. Mayors can be elected by councillors in September of each year or by the electors at the council ordinary elections.

 

Mayors elected by the popular vote of the community are elected for the term of the council, which is four years. By contrast, Mayors elected by the councillors are elected for a one-year term. There is no limitation on the number of one year terms a councillor elected Mayor may serve.

 

The Ministerial Advisory Council considered the advantages and disadvantages of extending the term of Mayors elected by the councillors from one year to two, with a view to enhancing consistency in leadership. The Ministerial Advisory Council took into account the current difference in term of Mayors depending upon the manner in which they were elected, and the fact that there is no difference between the functions of Mayors regardless of how they are elected.

 

Temporary Appointment of Staff

 

The second proposal is to amend the Local Government Act 1993, to allow for temporary appointments of up to 24 months to fill vacancies arising from an employee taking parental leave.

 

Currently, section 351 of the Local Government Act provides that where a council or General Manager directly appoints a person to a vacant position without advertising the position, the person may not continue in that position for a period of more than 12 months.  However, the Local Government (State) Award 2004 allows staff to be granted parental leave for a period of up to 24 months. So the purpose of this proposal is to provide consistency between the Act and the Award.

 

The circular suggests that the provisions of the Act be amended to allow for persons to be temporarily appointed to a position without advertisement for a period of up to 24 months, where the appointment is to fill a vacancy arising from the granting of parental leave.  The Ministerial Advisory Council considered the suggestion, taking into account matters such as skills shortages, the difficulty some councils have in attracting staff, career development opportunities for staff and the costs associated with external recruitment.

 

Given the significant skill shortages in local government and difficulty in attracting staff it is the recommendation of this report that Council’s submission support this proposal and further recommend that the proposal be extended to not just parental leave as there may be circumstances where staff take leave without pay or a secondment to another Council or government agency is arranged for longer than 12 months.  The proposal in its current form does not provide this flexibility for Council.

 

Council has sufficient safeguards in place to ensure such temporary appointments for longer than 12 months are based on merit as required by Section 349 of the Act.  Any such appointment would have the approval of the General Manager, Executive Manager and Human Resources and would need to demonstrate that the appointment has the appropriate skills, qualifications and experience to meet the job description for the position.  In addition, Council has procedures in place such as a 3 month probation periods and bi-annual performance appraisals to ensure the performance of temporary appointments satisfy the requirements of the position. These procedures are considered to be industry best practice within local government.

 

Conclusion

 

Council staff will formulate a submission on the 2 proposals based upon the recommendation of Council and the suggested submission from council officers on the proposal to allow temporary appointment of staff for 24 months.

 

 

RECOMMENDATION

 

That Council:-

 

1.  Prepare a submission to send to the Department of Local Government to comment on the draft

     proposals

 

2.  Give Consideration to the proposal to amend the Local Government Act 1993, to extend the Term of Councillor-Elected Mayors from one to two years.

 

3.  Supports the proposal to amend the Local Government Act 1993, to allow temporary appointment of staff for 24 months and further recommend that the proposal be extended to not just parental leave as there may be circumstances where staff take leave without pay or a secondment to another Council or government agency is arranged for longer than 12 months

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

 

ATTACHMENTS:

There are no supporting documents for this report.

CNL151007CSD_48.doc

*****   End of Corporate Services Division Report No. 48   *****

   


ORDINARY COUNCIL

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 413

 

15 OCTOBER 2007

 

 

 

 

Ordinary Council at the Meeting 15 October 2007

26/09/2007 to Ordinary Council

Environmental Services Division Report No. 413

Subject:           Blackman Park, Lane Cove West (No.8 Lloyd Rees Drive)    

Record No:     DA07/206-01 - 28692/07

Author(s):       Connor Siwak & Associates 

 

 

Property:                                  8 Lloyd Rees Drive, Lane Cove West (Blackman Park)

 

DA No:                                    D206/07

 

Date Lodged:                          20.7.2007

 

Cost of Work:                          $180,000

 

Owner :                                   Lane Cove Council

 

Author:                         Connor Siwak & Associates

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

The rebuilding of the Girl Guide Hall in an existing Council reserve

ZONE

Open Space 6A – Recreation

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?

Yes

BCA CLASSIFICATION

Class 9b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                               34, 36A, 38, 40, 42, 44, 46, 48, 50, 52, 54, 56 Wood Street

Ward Councillors                     Ward Councillors

Progress Association                Lane Cove West Residents’ Association Inc.

Other Interest Groups               Lane Cove Bushland & Conservation Society

 

 

REASON FOR REFERRAL:           Proposal exceeds level of delegation for Council property.

 

SITE:

 

The site is located to the west of Wood Street on the southern side of Lloyd Rees Drive and adjacent to Lane Cove West tennis courts.  The site is located in the north eastern corner of Blackman Park and is generally the location of the hall which was extensively fire damaged.

 

EXISTING DEVELOPMENT:       

 

The site is currently vacant and chain wire fenced. The site contained a Girl Guide Hall that was extensively fire damaged in 2006 and required demolition.

 

SURROUNDING AREA: 

 

The surrounding area consists of a mixture of single and two storey dwelling houses to the west of the site. Adjacent to the site are tennis courts, bushland, Lane Cove Council Depot and a Boy Scout Hall is to the north west of the site.  It is considered that in view of the nature and scale of the development that the proposal will not be out of character with the surrounding area.

 

PROPOSAL:

 

The proposal is for the reinstatement of the existing Girl Guide Hall with associated entry terrace, pathways and water tanks. The flooring structure will be concrete slab on ground and walls are to be brick veneer. The roof is proposed to be colourbond.  Lockable metal shutters will cover all windows.

                                     

The proposed floor area will be 180.7 square metres and the height will be 6.7 metres above natural ground level.

 

The adjacent car parking area remains unchanged.

 

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

 

Lane Cove Local Environmental Plan 1987 

 

Aims & Objectives (Cl. 2)

 

The proposed development satisfies the Aims and Objectives of the Lane Cove Local Environmental Plan 1987. The proposal will be consistent with the predominantly existing and likely future mixed fabric of the area.


Zoning/Permissibility (Cl. 8, 9)  

 

The site is zoned Open Space (6A) - Recreation under the Lane Cove LEP 1987. Development permissible within the zone includes:

 

“Drainage, earthworks, recreation areas, roads, utility installations (other than gas holders or generating works), works for the purposes of gardening, landscaping and bushfire hazard reduction.”      

   

The proposed Girl Guide Hall satisfies this definition as “an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community……” and, is permissible within the zone, subject to the consent of Council.

 

The Objective of the zone “is to provide passive and active recreation facilities to meet the community’s reasonable identified needs.”  Given that the use is for community purposes, the proposed development satisfies the Objective of the zone.

 

Recreation Areas (Cl. 15)

 

Clause 15 indicates that Council shall not consent to the carrying out of development on land within the zone 6A, being land owned or controlled by the Council, unless it has made an assessment of:

 

(a) The need for the proposed development on that land,

 

The proposal is to reinstate the Girl Guide Hall following the loss of the existing building that was damaged by fire in 2006. The building is a valuable community asset that satisfies the physical, cultural and intellectual wellbeing of the community.

 

(b) The impact of the proposed development on the existing or likely future use of the land

 

The subject land is currently used for passive recreational purposes and there are no plans to alter its present usage.

 

(c) The need to retain the land for its existing or likely future use.

 

The reinstatement of the Girl Guide Hall continues the use of the subject land and therefore satisfies the intended and future use of the site.

 

Preservation of Trees (Cl. 16)

 

The application was referred to the Bushland Manager for assessment. The Manager has advised that whilst no objection is raised to the proposal, in order to “minimise pruning of existing trees and the management of vegetation, the building should be moved 3 metres to the east” of the current, proposed location. This is a condition of consent.  This relocation also assists with the provision of an “Inner Protection Area” as required by the Rural Fire Service.

 

 

 

 

Heritage (Cl. 18A, 18D, 18E and 18G)

 

Clause 18A - Protection

 

The subject site is not listed as a Heritage Item or located within a Heritage Conservation Area.

 

Clause 18D – Known or Potential Archaeological Sites

 

The Lane Cove Local Environmental Plan 1987 lists “Blackman Park” as a ‘Potential Archaeological site’. Accordingly, the application was referred to the Aboriginal Heritage Office for comments. An assessment has been made of the location and the proposal is satisfactory in this regard.  See comments in the Referral Section.

 

Clause 18E – Adjoining Heritage Items

 

A Heritage Item is located at 1 Wood Street “The Oaks”.  The proposed development will not impact on this Heritage Item as it is located well away from the proposal.

 

Clause 18G – Conservation of Riverscape Qualities

 

The proposed development will not be visible from the foreshore.

 

REGIONAL ENVIRONMENTAL PLANS

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

 

The proposal has been considered in regard to the Regional Environmental Plan. The proposed development will not adversely impact upon the environmental quality of the Sydney Harbour Catchment, subject to sediment and erosion control measures being implemented by specific conditions of consent.

 

STATE ENVIRONMENTAL PLANNING POLICIES

 

SEPP No 11 (Traffic Generation)

 

In accordance with relevant Clauses and Schedules 1 and 2 of the SEPP the proposal did not require referral to Roads and Traffic Authority (RTA).

 

SEPP No 19 (Bushland in Urban Areas)

 

The proposed development is subject to State Environmental Planning Policy (SEPP 19).

 

SEPP 19 aims to protect and preserve bushland within urban areas.  Clause 6 provides that a person shall not disturb bushland zoned or reserved for public open space purposes without the consent of Council.

 

 

 

6 (4) provides that the consent authority shall not consent to such development unless:

 

(a)       it has made an assessment of the need to protect and preserve the bushland having regard to the aims of this Policy;

 

(b)       it is satisfied that the disturbance of the bushland is essential for a purpose in the public interest and no reasonable alternative is available to the disturbance of that bushland; and

 

(c)        it is satisfied that the amount of bushland proposed to be disturbed is as little as possible and, where bushland is disturbed to allow construction work to be carried out, the bushland will be reinstated upon completion of that work as far as possible.

 

In view of the nature and scale of the development, it is considered that no adverse impact in terms of drainage and sedimentation or to flora and fauna will result from the proposed development. It is considered that in view of the nature of the proposal that it will not adversely impact on the quality of soil on the site and adjoining bushland.

 

It is considered that the proposal complies with SEPP 19.                                   

 

SEPP No 44 (Koala Habitat)

 

Blackman Park is greater than the Policy requirement of 10,000sqm. Council’s Manager – Open Space has advised that Council records indicate that there has never been a Koala habitat within the Local Government area of Lane Cove.

 

SEPP No 55 (Remediation)

 

The State Policy requires Council to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land. The site history indicates that the land has always been used for Open Space purposes and, therefore it is not likely that the site has experienced any contamination.   The site was previously used as a garbage tip.  Notwithstanding such Council has no information indicating site contamination.

 

ACID SULFATE SOILS

 

In terms of Lane Cove Council’s ‘Draft’ LEP 2005 - Acid Sulfate Soil map the subject site is not listed as being affected in terms of Acid Sulfate Soils.

 

DEVELOPMENT CONTROL PLANS (DCP’s)

 

DCP 1 (Control of Development Adjacent to Bushland)

 

The proposed development complies with the controls of DCP 1 in terms of the bushland area, building and buffer zone, design, visual impact, solar access and views.

 

It should be noted that the requirement for a landscape plan as required under DCP 1 is not applicable as the applicant will not be required to undertake any additional landscaping, however the applicant will be required to maintain the area between the building and the cliff for asset protection.

 

 

DCP 5 (Access and Mobility)

 

The proposal has been designed to provide access for disabled people.  The building is fully accessible and provides an accessible toilet and shower facilities. Any changes to the access required by the relocation of the building to minimise impact on trees will be conditioned to ensure the building remains accessible.

 

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

 

The proposal will not adversely impact on the surrounding environment. The applicant will ensure that the environment is not harmed and that all means will be employed to protect the environment, in particular during site works for the development.

 

Natural Hazards

 

The site is not in an area recognised by Council as being subject to flooding, subsidence, slip or any other risk. In addition, it is considered that the proposal will not create a hazard or risk to adjoining properties. The land is however in the bushfire land prone vegetation buffer and this will be discussed later in this report.

 

Water and Air Quality Impacts

 

The proposed development due to its nature and design will not cause pollution of any nearby waterway. The proposal will not have an adverse impact in terms of air or water quality.

Soil and Water Management

 

The proposed development will not adversely impact on the quality of soil on the site and adjoining properties. During construction works best management practices will be implemented to control and trap sediment in order to maintain satisfactory water quality in downstream areas.

 

Neighbourhood Amenity

 

It is considered that the proposed development will not adversely impact on the amenity of the area in terms of noise, solar access and views. Short-term noise impact is likely to adjoining properties during the construction stage. The hours of construction work will be limited to normal working hours to avoid loss of amenity. With regard to the use of the facility any activities will be subject to the requirements of the NSW Noise Act.

 

In terms of solar access the design of the proposal being a single storey structure will not affect the current solar access enjoyed. The proposed single storey building will not be visible from the foreshore and existing vegetation will screen this low level structure. This low level structure will not affect the views currently enjoyed by surrounding residential properties.

 

 

 

Traffic Impact

 

Due to the nature and scale of the development, it is considered unlikely that the traffic generation from the development will adversely affect the road capacity or impact the performance of intersections in the locality.

 

Impact on Utility Services

 

The proposal will not adversely impact on existing utility services in the area.

 

Safety, Security and Crime Prevention

 

Due to the new design and materials to be used in the proposed structure it is unlikely that the proposal will result in adverse impacts in terms of safety, security and crime. Consideration has been given to the materials, structure and finish of the building in regard to graffiti and vandalism.

 

Impacts During Construction

 

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

 

Site Attributes Conducive to Development

 

The subject site is conducive to the development proposed. 

 

Social Impact

 

Due to the nature and scale of the development it is considered that the proposed development will have a positive impact on the social environment of the area. The proposed building will provide a permanent and practical facility within the area, which will assist in the health, cultural, social and well being for the local community.

 

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

 

Having regard to the site area, site characteristics and the potential environmental impacts the proposal will have on the site and the locality the development is appropriate and satisfactory.

 

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

 

No submissions were received as a result of the notification. 

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

 

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

 

 

 

EXTERNAL REFERRALS 

 

NSW Rural Fire Service

 

The Service raised no objection to the proposal subject to the imposition of specific conditions including a 10m “inner protection area” and construction standards.

 

Aboriginal Heritage Office

 

The proposed Girl Guide Hall is shown to be located in roughly the same location as the previous building.

 

Blackman Park is included in Schedule 5 of the LEP as a potential archaeological site. The Aboriginal Heritage Office in 2006 prepared a map of Lane Cove LGA identifying 5 categories of potential, from 1 (extremely high potential) to 5 (very low potential).

 

The site of the proposed Guides’ Hall within Blackman Park is categorised as Level 4 (low potential). Level 4 sites are:-

·    residential and built up areas subject to moderate to high levels of disturbance;

·    in areas of lower Aboriginal heritage potential;

·    limited potential for surviving sandstone features and/or foreshore areas or topsoil that could contain Aboriginal heritage remains.

 

The area immediately adjacent to the site is categorised as level 1 (extremely high potential),  If there is to be any excavation into these areas then an Aboriginal Sites Pre Development Assessment Report prepared by a suitable qualified and experienced archaeologist is required to be submitted prior to any approvals being issued.

 

Provided there is no further excavation into the adjacent areas with previously undisturbed ground levels, there are no objections.

 

The following condition applies.

 

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

 

Note:  The relocation of the building puts it further away from the Category 1 area.

 

INTERNAL REFERRALS

 

Manager Urban Design

 

No objection was raised to the proposal subject to the imposition of specific conditions.

 

 

 

 

Bushland Manager

 

The Bushland Manager has suggested the relocation of the building 3m to the east.  This would minimise the pruning of trees and meet the requirements of the Rural Fire Service for a 10m inner protection area.  This will require the access doorway and pathway on the southern side of the building to be relocated to the northern side.  The area between the building and the cliff face should be kept free of weeds and dead plant material.  Moving the building will provide adequate distance without having to undertake any further removal of vegetation in the bushland area.

The proposal involves the removal of 3 trees, a dead Eucalypt tree, a Forest Oak and a small Paper Bark.  No objection has been raised to the removal of these trees.  Drainage works will not impact on the Sydney Blue Gum trees.

 

The Paper Bark trees adjacent to the tennis court fence may need to be pruned to provide clearance for construction works.  No objection is raised provided pruning work is carried out in accordance with AS4373 (2007) Pruning of Amenity Trees.

 

Tree protection zones will required around trees to be retained and in the vicinity of the building works.

 

Building Surveyor

 

No objections subject to specific conditions.

 

SUBMISSIONS/OBJECTIONS

 

The proposal was notified to adjoining owners and interested parties.

 

No submissions were received.

 

CONCLUSION

 

The proposal has been assessed in accordance with Section 79BA and79C of the Environmental Planning and Assessment Act, 1979. Having regard to this assessment it is considered that the proposal is satisfactory.

 

The proposed development involves the reinstatement of the Girl Guide Hall with associated entry terrace, pathways and water tanks.

 

The site is zoned Open Space 6A – Recreation under Lane Cove Local Environmental Plan 1987.  The proposed Girl Guides Hall is a use that caters for “an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community……” and is therefore permissible with the consent of Council.

 

Given the nature, scale and design of the development it is considered that the proposal will not adversely affect the amenity of the area in terms of solar access, noise, views, car parking and traffic.

 

The application is recommended for approval.

 

RECOMMENDATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to  Development Application 8.2007.206 for the erection of a Girl Guide Hall on Blackman Park, on land known as 8 Lloyd Rees Drive, Lane Cove West  subject to the following conditions:

 

1.         That the development be in accordance with plans Job No 1715 Drawings 1 – 4, Revision E Dated May 2007 and drawn by North Shore Plan Service Pty Ltd except where amended by the following conditions:

 

2.         The building being moved 3m in an easterly direction.  The path and access door are to be relocated to the northern side of the building.

 

3.         Access for disabled people is to be retained and in the event the path is required to provide this access, it is to be built in accordance with AS 1428.

 

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

 

5.         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.

 

6.         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.

 

7.         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.

 

8.         All building works are required to be carried out in accordance with the provisions of the             Building Code of Australia.

 

9.         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.

 

10.       The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

 

11.       Compliance with Australian Standard 2601 - The Demolition of Structures.

 

 

12.       The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

13.       All glazing is to comply with the requirements of AS 1288.

 

14.       An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

            This requirement is satisfied by:-

(a)        Smoke alarms complying with AS 3786.

(b)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

15.       Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

a)         The pier holes/pads before filling with concrete.

b)         All reinforcement prior to filling with concrete.

d)         Framework including roof and floor members when completed and prior to covering.

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

i)          Stormwater drainage lines prior to backfilling

k)         Completion.

 

16.       Structural Engineer's details being submitted to Council and approved PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork.

 

Landscape Conditions

 

17.       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.

 

18.       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.

 

 

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

 

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

 

21.       All street trees to be retained must be protected during the construction process and to be addressed in the Tree Protection Plan.

 

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

 

23.       All materials brought onto the site must be weed free.

 

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

 

25.       Any weeds listed under the Noxious Weeds Act must be continually eradicated ensuring there is no re-establishment.  Refer to Council’s website for further information.

 

26.       There must not be any access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.

 

27.       The area between the building and the cliff face, including the gutters, must be suitable maintained.  All weeds and combustible plant material must not be allowed to accumulate and must be maintained at a low level at all times.

 

28.       In the event that there occurs any accidental or intentional dumping of building material in the bushland area, Council’s Bushland Manager must be notified immediately.  Any clean up operation which involves disturbing the vegetation, leaf litter, soil crust, or natural bedrock, must be coordinated through Council’s Bushland Manager. 

 

29.       All outside lighting must be appropriately baffled to minimise light pollution into the         bushland area and neighbouring properties.

 

30.       Council’s Tree Preservation Officer is to supervise pruning of trees on the site.  Arrangements for the officer to be on site must be made at least 2 business days in advance           of tree pruning.

 

31.       A 1.8m high chain mesh fence shall be erected around all trees on site with a trunk diameter       at breast (DBH) of more than 300mm.  The tree protection zones shall have a minimum radial distance of not less than 2.4m from the trunk of the tree.  The fenced area must not be used for the storage of building materials, machinery, site sheds or for advertising and the site levels within the fenced area shall remain undisturbed.

 

32.       All tree protection measures must be in place PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE, to the satisfaction of Council’s Tree Preservation Officer and/ or Landscape Architect, and must be maintained for the duration of works on the site. No further site works may take place until this certification has been obtained and a copy forwarded to the accredited certifier and Council.

 

33.       Design and Construction Standards.  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant Development Control Plans except as amended by other conditions.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

34.       Drainage Construction. The stormwater drainage on the site is to be constructed generally      in accordance with plan Drawing no 4 prepared by North Shore Plan Services Pty Ltd.

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.

 

35.       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.

 

Engineering Conditions to be complied with Prior to Commencement of Construction

36.       Restoration.  Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

37.       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.

 

 

38.       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’.

 

39.       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 Condition to be complied with Prior to Occupation Certificate

40.       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 issue of any Occupation Certificate.

 

1)         Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP Stormwater management. 

 

2)         All works have been completed in accordance with the issued Construction Certificate and Conditions of this determination.

 

If Council is appointed the Principal Certifying Authority then the appropriate inspection fee is to be paid to Council with the subject documentation.

 

41.       To allow for emergency service personnel and residents to undertake property protection activities, a 10m Inner Protection Area as outlined within Planning for Bushfire Protection  2006 and the Service’s document Standards for Asset Protection Zones is to be provided around the building.

 

42.       New construction to comply with Appendix 3 – Site Bushfire Attack Assessment of Planning for Bushfire Protection 2006.  In this regard the following design standards for construction are to be incorporated into the development:

 

(a)        New construction shall comply with Australian Standard AS3959-1999 “Construction of buildings in bushfire-prone areas” Level 1

(b)        Roofing shall be gutterless or have leafless guttering and valleys to prevent the build up of flammable material.  Any materials used shall have a Flammability Index no greater than 5.

 

43.       Arrangements for emergency and evacuation are to comply with section 4.2.7 of Planning For Bushfire Protection 2006.  In this regard the following design standards for emergency and evacuation are to be incorporated into the development:

 

 

(a)        An Emergency/ Evacuation plan is to be prepared consistent with the NSW Rural Fire Service Guidelines for the Preparation of Emergency/ Evacuation Plans.  A copy of this plan shall be provided to the local RFS office prior to occupation of the building.

 

44.       The metal deck roof being of a ribbed metal profile or colourbond corrugated galvanised or zincalume iron, in a mid to dark range colour and having an approved glare finish.

 

45.       A “Fire Safety Schedule” specifying the fire safety measures proposed or required to be implemented in the building as required by Clause 168 of the Environmental Planning and Assessment Regulation 2000, as amended is to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

46.       A Fire Safety Notice being displayed in the premises showing the location of fire exits, doors relating to fire exits and paths of travel to exits, in accordance with Clause 183,184,185 and 186 of the Environmental Planning and Assessment Act Regulations 2000, as amended.

 

47.       A Fire blanket is to be provided in proximity to the kitchen area in accordance with AS 3504.

 

48.       The International symbol of Access for people with a disability is to be provided in accordance with the BCA and Australian Standard.

 

49.       Illuminated exit and direction signs complying with the requirements of Part E4 of the Building Code of Australia are to be provided.

 

50.       The provision of hose reels and portable fire extinguishers in accordance with Part E1 of the Building Code of Australia. 

 

51.       Every doorway providing access from a sole-occupancy unit or a room not within a sole occupancy unit to:-

 

a)         a public corridor, public hallway or the like; or

 

b)         the landing of an internal non fire isolated stairway serving as a required exit being protected by self-closing fire doors with a Fire Resistance Level of -/60/30;

 

c)         the landing of an internal non fire isolated stairway serving as a required exit, being protected by self-closing, tight fitting solid core doors not less than 35 mm thick.

 

52.       a)         A doorway providing access from a sole occupancy unit to another sole occupancy unit or to a room not within a sole occupancy unit being protected by self closing fire doors with a Fire Resistance Level of -/60/30.

 

b)         A doorway providing access from a sole occupancy unit to another sole occupancy unit or to a room not within a sole occupancy unit being protected by self closing, tight fitting solid core doors, not less than 35 mm thick.

 

 

53.       The ceiling immediately below the roof having a resistance to the incipient spread of fire to the roof space of not less than 60 minutes.  Such ceiling being installed in accordance with the manufacturers specifications.

 

A Certificate being submitted from the fixers of the ceiling that such installation is in full accord with the Manufacturers specifications.

 

24.       All required exits and paths of travel to an exit having, except for doorways, a minimum unobstructed width throughout of 1 metre and a minimum unobstructed vertical clearance throughout of 2 metres.

 

55.       Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

56.       The following notice must be displayed in a conspicuous position at the landing on each storey of a fire isolated stairway.

 

NOTICE

1.1       “OFFENCES RELATING TO FIRE EXITS”

By virtue of Section 655 of the Local Government Act 1993, it is an offence to:-

 

1.         Place anything in this exit which may impede the free passage of persons.

 

2.         Interfere with or cause obstruction or impediment to the normal operation of the doors providing access to this exit; or

 

3.         Remove, damage or otherwise interfere with this Notice.

 

PENALTY:  TEN THOUSAND DOLLARS ($10,000)

 

NOTE:  the words "OFFENCES RELATING TO FIRE EXITS" and "PENALTY: $10,000" should be in letters and figures of a height of 8 mm or more.  The remaining words in the notice should be in letters and figures of a height of 2.5mm or more.

 

57.       A sign with the words:-

1.1.1    "FIRE DOOR - DO NOT OBSTRUCT" in letters not less than 20 mm high and in a colour contrasting with that of the door, must be fixed to:-

 

a)         a required fire door providing direct access to a fire isolated exit, except a door providing direct access from a sole-occupancy unit in a Class 2 or 3 building or Class 4 part or a required smoke door, on the side of the door that faces a person seeking egress; and

 

b)         a fire door forming part of a horizontal exit and a smoke door that swings in both directions, on both sides of the door; and

 

            c)         a door leading from a fire isolated exit to an open space, on both sides of the door.

 

 

58        In a building of Type A construction services passing through a floor must either be installed in shafts complying with specification C1.1 of the Building Code of Australia or protected in accordance with Part C3.14 of the Building Code of Australia.

 

59.       A system of emergency lighting complying with the requirements of Part E4 and the Building Code of Australia is to be provided to all fire isolated stairways, ramps and passageways and in all other areas specified in the Building Code of Australia.

 

60.       A room housing the main electrical switchboard in a building where it supports emergency equipment is to be bound by walls having a F.R.L. of 120/120/120.

 

61.       A door in a required exit, forming part of a required exit or in the path of travel to a required exit must be readily openable without a key from the side that faces a person seeking egress, by a single hand downward action or pushing action on a single device which is located between 900mm and 1.2m from the floor.  The door must also swing in the direction of egress.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Notification Plan

1 Page

 

AT‑2 View

Proposal Plans

3 Pages

 

 

CNL151007ES_413.doc

*****   End of Environmental Services Division Report No. 413   *****

 


ORDINARY COUNCIL

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 34

 

15 OCTOBER 2007

 

 

 

 

Ordinary Council at the Meeting 15 October 2007

9 October 2007 to Ordinary Council

Environmental Services Division Report No. 34

Subject:           Delegated Authority Report - September 2007    

Record No:     SU1863 - 30009/07

Author(s):       Michael Mason 

 

 

 

During the month of September 2007 a total of 55 Development Applications were determined under delegation by staff and 1 by Council.  In addition 6 Construction Certificates and 14 Privately Certified Construction Certificates were issued.  There was 1 Privately Certified Complying Development approved in September.

 

 

 

RECOMMENDATION

 

That the report ‘Delegated Authority Report – September 2007’ be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

List of applications determined for September 2007

8 Pages

 

 

CNL151007ES_34.doc

*****   End of Environmental Services Division Report No. 34   *****

 


ORDINARY COUNCIL

 

15 OCTOBER 2007

 

 

 

 

Ordinary Council at the Meeting 15 October 2007

9/10/2007 to Ordinary Council

Environmental Services Division Report No. 35

Subject:           Waste Service Improvement Payments    

Record No:     su2345 - 30012/07

Author(s):       Steve Fedorow 

 

 

Executive Summary

 

At Council’s Meeting on 2 October 2007, after considering a report discussing the NSW Government Waste Service Improvement Payments, Council resolved that the Mayor & General Manager meet with the Minister for Climate Change, Environment & Water to discuss the payment criteria.  At the time of writing of this report, the Ministers office advised that he was unable to attend a meeting, however Tim Rogers and Dr David Blackmore of the Department of Environment and Climate Change would meet with the Mayor and General Manager on the 15th October 2007.

 

Discussion

 

At its meeting of 2 October 2007, Council considered a report discussing the NSW Government Waste Service Improvement Payments (WSIP’s), and resolved that:-

 

1.   The Mayor and General Manager meet with the Minister and Director General responsible in relation to the requirement to replace existing lids with red lids;

 

2.   Following the above meeting a press release be issued; and

 

3.   Council prepare as a matter of urgency a late motion to the Local Government Association Conference opposing the requirement.

 

4.   A further report be submitted to Council.

 

On 3 October 2007, the Mayor wrote to Mr Phil Koperberg, MP, the Minister for Climate Change, Environment and Water, requesting a meeting prior to the 15th October 2007 to discuss the performance criteria associated with the WSIP’s.  At the time of writing of this report, the Ministers office advised that he was unable to attend a meeting, however Tim Rogers and Dr David Blackmore of the Department of Environment and Climate Change would meet with the Mayor and General Manager on 15th October 2007.  An update will be provided to Councillors on the outcome of this meeting on the 15th October 2007.

 

RECOMMENDATION

That Council receive and note this report.

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

 

 

ATTACHMENTS:

There are no supporting documents for this report.

CNL151007ES_35.doc

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

 

***** enD OF AGENDA *****