Lane Cove Council

 

 

 

 

 

Ordinary Council

 

 

 

AGENDA

 

 

 

DATE OF MEETING:          19 November 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

 

19 NOVEMBER 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.       Human Services Division Report No. 26

SUBJECT: Tender for the Rebuilding of the Girl Guides Hall

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.

.

 

2.       Environmental Services Division Report No. 42

SUBJECT: 24E Upper Cliff Road, Northwood

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 and as the report and its contents contain advice concerning litigation which has been prepared with a view to submission, and will be so submitted, to Council's lawyers in the context and for the purposes of the current litigation the subject of the report,
the issues contained in the report are substantial issues relating to a litigious matter in which Council is involved, and are clearly identified and fully discussed in the advice in the report,
.

  

SUSPENSION OF STANDING ORDERS

 

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

 

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

 

CONFIRMATION OF MINUTES

 

3.      ORDINARY COUNCIL MEETING - 5 NOVEMBER 2007

 

 

 

Orders Of The Day

 

4.       Order Of The Day No. 23

SUBJECT: Council and Committee Meeting Schedule - December 2007

 

General Managers Reports

 

5.       General Managers Report No. 30

SUBJECT: Retail Marketing Strategy

 

Corporate Services Division Reports

 

6.       Corporate Services Division Report No. 52

SUBJECT: 2006 - 2007 Annual Report

 

7.       Corporate Services Division Report No. 53

SUBJECT: 1st Quarter 2007 - 2008 Budget Review

 

8.       Corporate Services Division Report No. 56

SUBJECT: Report on 2007 Local Government Association Conference

 

9.       Corporate Services Division Report No. 57

SUBJECT: 1st Quarter Review of 2007-2010 Management Plan

 

Open Space and Urban Services Division Reports

 

10.     Open Space and Urban Services Division Report No. 38

SUBJECT: Traffic and Parking Master Plan for Lane Cove Town Centre

 

11.     Open Space and Urban Services Division Report No. 39

SUBJECT: Lane Cove Village Express - Bus Stop Accessibility

 

Environmental Services Division Reports

 

12.     Environmental Services Division Report No. 40

SUBJECT: Section 94 Contribution Plan

 

13.     Environmental Services Division Report No. 37

SUBJECT: Request for Removal of Covenant - 23 Osborne Road, Lane Cove

 

14.     Environmental Services Division Report No. 41

SUBJECT: Councils Ability to Impose Conditions on Subdivisions

 

15.     Environmental Services Division Report No. 44

SUBJECT: Draft LEP Amendment No.67 - 3 Amalfi Place

 

16.     Environmental Services Division Report No. 45

SUBJECT:  Lane Cove Village Structure Plan - Information Session

 

Human Services Division Reports

 

17.     Human Services Division Report No. 25

SUBJECT: Living in Harmony Programme - Grant Funds Received

  

QUESTIONS WITHOUT NOTICE

 

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

 

         


ORDINARY COUNCIL

 

ORDER OF THE DAY NO. 23

 

19 NOVEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 19 November 2007

14 November 2007 to Ordinary Council

Order Of The Day No. 23

Subject:           Council and Committee Meeting Schedule - December 2007    

Record No:     SU1915 - 34688/07

Author(s):       Rebecca Ford 

 

 

Executive Summary

 

Council and Committee Meeting Schedule – December 2007

 

 

December  1                Inspection Committee

 

December 3                 Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

December 17               Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

 

 

 

RECOMMENDATION

 

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

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

 

ATTACHMENTS:

There are no supporting documents for this report.

CNL191107OD_23.doc

*****   End of Order Of The Day No. 23   *****

   


ORDINARY COUNCIL

 

GENERAL MANAGERS REPORT NO. 30

 

19 NOVEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 19 November 2007

12/11/2007 to Ordinary Council

General Managers Report No. 30

Subject:           Retail Marketing Strategy    

Record No:     su3076 - 34257/07

Author(s):       Bronwyn Clarke 

 

 

Executive Summary

 

The Lane Cove Retail Marketing Strategy (RMS) research was commissioned by Lane Cove ALIVE and provides:

 

·     the economic documentation that offers direction for Lane Cove Village’s economic sustainability;

·     economic analysis that  provides the circumstance to more fully explore opportunities, concepts and ideas during the development of the Lane Cove Village Structure Plan; and

·     up-to-date research for the content of a Lane Cove business attraction brochure to be used by Commercial Real Estate Agents and business gateway operators to promote Lane Cove.

 

The RMS will be complemented with aggregated baseline data from a Business Retention and Expansion Survey.  It is intended that this data will be reviewed each 12 - 18 months to provide analysis on trends, movements in and out of the Village as well as vacancy rates.

 

Lane Cove ALIVE engaged Greg Davis, Director, Taktics4 to undertake the development of a Retail Marketing Strategy for Lane Cove in July 2007 and the research was completed in October 2007.

 

Background

 

The need for the development of a Lane Cove Retail Marketing Strategy is identified in Council’s Lane Cove ALIVE Strategic Action Plan.

 

Economic Sustainability was also identified as a key component of Council’s Sustainability Plan.

 

Following the establishment of the Lane Cove ALIVE Leadership Group (LCALG) the group have taken on the challenge of endeavouring to deliver an RMS for Lane Cove to help guide its economic sustainability into the future.

 

The Study provides valuable information on Lane Cove’s consumer markets, centre sustainability, economic and consumer based drivers and development opportunities.

 

CONSULTATION

Wide consultation was undertaken by Lane Cove ALIVE during the development of the RMS including engagement with business interests, Council staff and community.

Engagement included interviews, focus groups, drop in sessions, public presentations and a Councillors workshop (held 8 October 2007).

 

This Strategy provides the basis for working with Lane Cove Village business owners and commercial property owners to prepare a Business Retention and Expansion survey to provide further baseline information for later comparison of retail trends, retail tenancies and for tracking employment in the Village.

 

Conclusion

 

Key strategic opportunities identified include:

·    Recognition of the economic value of linkages via arcades - key to ‘wallets past windows’

 

·    Opportunities for the northern end of Longueville Road to include:

·    More direct links between Longueville Road and a larger carpark at grade in Little Street

·    Consideration of amalgamation of lots/buildings to entice a larger tenant

·    Incentives to encourage a brand operator or cluster to act as a draw card; and

·    Support for the proposed cultural centre to be located in the Rosenthal Carpark

 

 

RECOMMENDATION

 

That:-

1.         Council endorse the Lane Cove Retail Marketing Strategy commissioned by Lane Cove ALIVE Leadership Group and prepared by Taktics4 as a document to guide economic sustainability in Lane Cove Village.

2.              

2.        The Lane Cove Retail Marketing Strategy be published on the Lane Cove Council   Website with a link to the Lane Cove ALIVE website.

 

3.        A copy of the Lane Cove Retail Marketing Strategy be provided to City Plan Services to            assist in the development of the Lane Cove Village Structure Plan.

 

4.        Lane Cove ALIVE Leadership Group be thanked for their efforts in undertaking this strategically important study to assist the economic sustainability of Lane Cove Village.

 

 

 

 

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1 View

Retail Study - Tactics 4 - Presentation to Councillors - Centre Analysis.pdf

36 Pages

 

AT‑2 View

Retail Study - Tactics 4 - draft Report - Lane Cove Village Profile.pdf

29 Pages

 

 

 


ORDINARY COUNCIL

 

CORPORATE SERVICES DIVISION REPORT NO. 52

 

19 NOVEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 19 November 2007

12/11/2007 to Ordinary Council

Corporate Services Division Report No. 52

Subject:           2006 - 2007 Annual Report    

Record No:     su245 - 34278/07

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

The Local Government Act requires each council to prepare an annual report on its activities for the previous financial year i.e. 2006/2007 within 5 months on the end of the financial year. It has been produced and is submitted for adoption by Council.

 

Discussion

 

A Draft Annual Report for 2006/2007 has been circulated separately as it is over 100 pages in length. The Report covers all of the matters listed in the Local Government Act to be addressed an in particular the financial details covered by the audited financial report.

 

Highlights for the year included:-

 

·    Council successfully celebrated its largest annual cultural event, the 2006 Cameraygal Festival.  The theme was “Come Alive @ Lane Cove” and featured 53 events in many locations across the local government area. The festival commenced with the 43rd Lane Cove Municipal Art Award in August and concluded with the Lane Cove Village Fair in October.

 

·    Kaleidoscope, Council’s annual cultural diversity festival took place in September with residents participating in a national and cultural dress parade.  Cultural and dance presentations were also made by an Aboriginal, Maori, Italian and Iranian groups.

 

·    During December The “Sunset In The Plaza” series of Friday evening events was presented in partnership between Council and Lane Cove ALIVE. It included several Christmas themed events, two outdoor film screenings, a Swing Band and an Australia Day performance.

 

·    In late December the Combined Churches of Lane Cove celebrated Christmas with Carols By Candlelight.  Council also staged a children’s Christmas concert complete with minstrels, elves, Santa Claus and Dorothy The Dinosaur. It was estimated that over 1500 people attended this successful event.

 

·    Australia Day celebrations were held by Council, the Rotary Club of Lane Cove and Lane Cove ALIVE on Pottery Green.

 

·    Chinese New Year celebrations included calligraphy workshops, traditional Chinese music, Taiwanese Dancers and ended with a Chinese Lion and cymbal dancers threading their way through the Plaza and CBD.

 

·    At Council’s Citizenship Awards, 24 major Awards and nine Honourable Mentions were awarded in May. Five commendations were made for the Sustainability category and five in a special category for non-residents who have made a significant contribution to Lane Cove. Roger Climpson was awarded Lane Cove Citizen of the Year for 2006.

 

·    In 2006/2007 Lane Cove Library achieved the highest loans in its 52 year history. Lane Cove Library has been the busiest library per capita in NSW with loans increasing by 24.5% since 200/2001

 

·    The Junior Library offered more than 400 programs to children and young adults, including School Holiday sessions, Summer Reading Program, Australian Children’s Book Week, author visits and Teddy Bear Pyjama Parties.

 

·    Seniors Week activities held in March were well attended. A range of activities included 79plus driving skills seminar, free film screenings, cooking demonstration and field trips to a recycling plant and Norman Lindsay Gallery.

 

·    The Lane Cove Access Committee showcased a new accessible taxi in the Plaza, worked on the development of a “Business Use Footpath policy” and assisted with the distribution of the “Missed Business” booklet to the local business community which promoted disability and mobility issues.

 

·    During the year Council adopted the Disability Discrimination Plan. The Access Committee, local community members, organizations and staff were consulted during the development of the plan.

 

·    Kindy Cove celebrated its 30th anniversary with a morning tea and the burying of a time capsule.

 

·    The Synergy Youth Centre recorded a 74% increase in visits from young people over the past year.

 

·    Council adopted the Northern Sydney Aboriginal Social Plan in February 2007, work continues on a regional basis in implementing the recommendations of the plan.

 

·    Council staged its inaugural Community Grants presentation evening where over 40 community organisations received assistance amounting to over $450,000, making it the most generous Financial Assistance Grants program currently on the lower north shore

 

·    The Lane Cove ALIVE Leadership Group has worked to establish itself as an independent body working toward the rejuvenation of Lane Cove’s village precinct. A key achievement has been the development of an integrated Strategic Plan to guide the management, marketing and development of the village in consultation with the community.

 

·    During the year Council undertook a review of its leash-free dog areas. Recommendations included the establishment of 17 leash free areas, developing a Code of Conduct and installation of updated signage.

 

·    Lane Cove Council took a project coordination role in developing the St Leonards Strategy with North Sydney and Willoughby Councils. The combined strategy will not only accommodate the NSW Department of Planning’s Metropolitan Strategy but also have regard to the views and needs of each council.

 

·    The Lane Cove Comprehensive Local Environmental Plan has been revised to fully comply with the NSW Standard LEP template.

 

·    As part of the Federal Government’s Regulation Reduction Incentive Fund Program (RRIF), Council commenced reviewing its planning forms and information packages. The aim is to simplify and standardise forms used for Council’s Planning requirements.

 

·    A well attended Sustainability Expo was held in late September at the Community Nursery

 

·    Over 200 volunteers contributed 3,600 hours to bushcare and the community nursery, an impressive 40% increase over last year.

 

Conclusion

 

The Annual Report has been prepared to meet the requirements of the Local Government Act. Upon adoption of the Report, a copy will be forwarded to the Minister as required by the Act and will be publicly accessible via Council’s website, http://www.lanecove.nsw.gov.au.

 

 

RECOMMENDATION

 

That:-

 

            1.         Council adopt the Draft Annual Report for 2006/2007;

 

            2.         The Report be forwarded to the Minister for Local Government; and

 

3.         The report be made available on Council’s website.

 

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Annual Report 2006 - 2007

130 Pages

 

 

 


ORDINARY COUNCIL

 

CORPORATE SERVICES DIVISION REPORT NO. 53

 

19 NOVEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 19 November 2007

12/11/2007 to Ordinary Council

Corporate Services Division Report No. 53

Subject:           1st Quarter 2007 - 2008 Budget Review    

Record No:     su757 - 34303/07

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

The First Quarter Budget Review maintains a balanced budget, but involves a variety of variations in both income and expenditure. It is recommended that the Budget be varied in terms of the report.

 

Background

 

Council is required to prepare a Budget Review Statement each quarter, in accordance with Clause 7 of the Local Government (Financial Management) Regulation 1999. This report is prepared in accordance with the clause for the period ended 30 September 2007.  The purpose of these reviews is to ensure that the impact of financial variation is reflected in the forecast of Council’s global budgetary position to 30 June 2008, and the adopted Budget adjusted accordingly.

 

Discussion

 

The following is a summary of Council’s adopted Budget for 2007/2008 and proposed following the adjustments included in this report:

 

 

Original Budget

Adjustment

Revised Budget

Expense from Ordinary Activity

 $        27,417,033

 $        121,704

 $        27,538,737

Revenue from Ordinary Activity

 $        27,417,033

 $        121,704

 $        27,538,737

Surplus/- Deficit

 $                        -

 $                   -

 $                        -

Capital Grants & Contributions

 $            247,657

 $                   -

 $             247,657

Surplus/- Deficit

 $            247,657

 $                   -

 $             247,657

 

 

The review includes provision for grants and contributions carried forward from last years budget, a further $12,000 to cover maintenance costs of handheld parking infringement devices, $51,500 to cover the cost of Council’s new bio-diesel and E85 Petrol tank at the depot (budgeted in previous year) and $70,000 for bank stabilisation to address a recent land slide at Shell Park.

 

In Council’s favour, the NSW Fire Brigade Levy has increased less than the amount budgeted, resulting in a saving of $13,900. An additional $121,704 in additional interest from investments is expected following recent interest rate rises, and the revised project schedule for the Austin Street project.

 

The following table outlines the proposed aggregate changes to program areas in the budget which contributes to the above, it combines changes to the Operating and Capital budgets.

 

Prog No.

Program

Variation

05.10

Library

$42,488

5.7.3

Bushland

$176,192

06.20

Development Control

$12,000

07.10

Fire Protection

($13,900)

08.10

Open Space & Urban Services

$51,500

10.10

General Purpose Revenue

($121,704)

 

Net Budget Variation - Deficit

$146,576

 

Statutory Report

 

In accordance with Clause 7(2) of the Local Government (Financial Management) Regulation 1999, I Craig Wrightson, Responsible Accounting Officer hereby certify that the Council’s financial position is satisfactory having regard to the original estimates of income and expenditure.

 

 

RECOMMENDATION

 

That the 2007 - 2008 Budget be varied in terms of this report.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

1st Quarter Budget Review Details  2007 - 2008 Budget

1 Page

 

 

 


ORDINARY COUNCIL

 

CORPORATE SERVICES DIVISION REPORT NO. 56

 

19 NOVEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 19 November 2007

13/11/2007 to Ordinary Council

Corporate Services Division Report No. 56

Subject:           Report on 2007 Local Government Association Conference    

Record No:     SU203 - 34556/07

Author(s):       Ian Naylor 

 

 

Executive Summary

 

The purpose of this report is to advise Council of the proceedings at the 2007 Local Government Association Conference.

 

Discussion

 

The 2007 Local Government Association Conference was held in Coffs Harbour from 20-24 October 2007.  The highlights of the Conference included:-

 

Ø The Minister for Local Government, Minister for Planning and the Arts, Shadow Minister for Local Government and the Speaker for the Legislative Assembly addressing the Conference.

Ø Presentations from Hornsby and North Sydney Councils on Triple Bottom Line Sustainability and Buying Green.

Ø Dr Tony Capon, representing the Premiers Council for Active Living NSW and CSIRO Sustainable Ecosystems gave a presentation on Cities, Sustainability and Health.

Ø Consideration of over 250 motions.

 

The Local Government Association Website has further details about these presentations and videos of the speakers at the Conference and this can be viewed at:- 

 

www.lgsa.org.au/www/html/1106-2007-lga-conference.asp

 

Lane Cove Council raised six motions for debate at the Conference.  All six motions were passed, however, some of the motions were amended by the Conference.  The adopted motions are shown in full below:-

 

103 - Lane Cove - Private Certifiers Covered by Motion 60.

 

60 - Ryde - Private Certifiers

 

That this conference notes the LGA’s opposition to the implementation of private certification. That the Local Government Association call on the Minister for Planning, as a minimum, to make meaningful reforms to the system of private certification to:

 

• improve the accountability of private certifiers and remove the inherent conflict of interest faced by private certifiers employed by developers;

• address the range of problems arising from the poor performance of private certifiers;

• enable Councils to fully recover the costs associated with investigating complaints against private certifiers and ensuring they fulfil their statutory duties;

• require for Private Certifiers to pay performance security bonds which Councils may call upon to recover costs associated with Councils undertaking investigations when certifiers fail to meet their statutory responsibilities; and

• not increase the amount of complying developments that can be determined by private certifiers.

 

60A – Matter Arising - Private Certifiers

 

That we call upon the NSW Government to withdraw the authority of private certifiers and hand responsibility back to Local Government.

 

34 - Lane Cove - Timeframes for Applications for Special Rate Variations

 

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

 

62 - Lane Cove - Vegetation Screening

 

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

 

66 - Lane Cove - Low Impact Installations

 

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

 

122 - Lane Cove - Aircraft Noise

 

That all the political parties commit to the following matters in relation to aircraft noise and Sydney Airport:

 

• no further increase in interstate and international aircraft movements;

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

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

• the implementation of the Long Term Operating Plan;

• the implementation of strategies to encourage all aircraft operators to utilise newer quieter aircraft; • no further increase in KSA aircraft noise; and

• the continuation of the Sydney Airport Community Forum.

 

151 - Lane Cove - Pruning of Street Trees by Energy Australia

 

That representations be made to the State Government to review the basis on which Energy Australia tenders the work of pruning of street trees to allow Councils to be eligible to tender for this work, due to the inappropriate pruning by Energy Australia’s contractors.

 

Council staff will monitor the implementation of these Motions and advise Council if the LGSA notifies Council of any action that has taken place in regards to Council’s motions.

 

 

 

RECOMMENDATION

 

That the report on the 2007 Local Government Association Conference be received and noted.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


ORDINARY COUNCIL

 

CORPORATE SERVICES DIVISION REPORT NO. 57

 

19 NOVEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 19 November 2007

14/11/2007 to Ordinary Council

Corporate Services Division Report No. 57

Subject:           1st Quarter Review of 2007-2010 Management Plan    

Record No:     SU238 - 34566/07

Author(s):       Ian Naylor 

 

 

Executive Summary

 

The Local Government Act requires Council to report on quarterly progress of the activities and projects listed in the Management Plan.  It is recommended that the report be received and noted.

 

Discussion

 

This report discusses the highlights of the first quarter in 2007-2008 and provides a detailed analysis of the First Quarter progress against the performance measurements adopted by Council in the 2007-2010 Management Plan, shown attached to the report as AT 1.  Some of the highlights for the quarter include:-

 

*          Schools Tree Day organised by Bushcare (July 2007)

*          Composting and Wormfarming - Eco-garden (August 2007)

*          Discovery Boat Trip – Lane Cove River (September 2007)

*          Wildlife Friendly Gardens Talk by Bushcare (September 2007)

*          E-Waste Recycling Weekend (July 2007)

*          Emissions offset by Greenfleet Tree Program (July 2007)

*          Australia’s Inconvenient Truth Seminar in the Council Chambers (September 2007)

*          Captured Photography Competition (September 2007)

*          Camaraygal Festival (August to October 2007)

 

RECOMMENDATION

 

That the First Quarter Review of the 2007-2010 Management Plan be received and noted.

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

First Quarter Review of 2007 - 2010 Management Plan

23 Pages

 

 

CNL191107CSD_57.doc

*****   End of Corporate Services Division Report No. 57   *****

 


ORDINARY COUNCIL

 

OPEN SPACE AND URBAN SERVICES DIVISION REPORT NO. 38

 

19 NOVEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 19 November 2007

12/11/2007 to Ordinary Council

Open Space and Urban Services Division Report No. 38

Subject:           Traffic and Parking Master Plan for Lane Cove Town Centre    

Record No:     SU1361 - 34341/07

Author(s):       Wayne Rylands 

 

 

Executive Summary

 

At the Ordinary Council meeting of 2 October 2007, Council considered the Traffic and Parking Master Plan for the Lane Cove Town Centre and Parking Strategy for Lane Cove West Business Park. Council resolved that the draft report be placed on public exhibition for a period of 30 days.

 

During the public exhibition period, one submission was received from RASAD. The CPOWA correspondence previously received in September was also given additional consideration.

 

The Maunsell Australia Traffic and Parking Master Plan for the Lane Cove Town Centre and Parking Strategy for Lane Cove West Business Park addresses the major parking and traffic issues that have been identified in the Town Centre and the Business Park.

 

The Maunsell Report provides Council with a reference to develop parking and traffic strategies to address the shortfall in parking supply, without impacting adversely on traffic flow around the Town Centre and Business Park areas.

 

 

Background

 

The draft Traffic and Parking Master Plan for the Lane Cove Town Centre and Parking Strategy for Lane Cove West Business Park was tabled for consideration at the Ordinary Council meeting of 2 October 2007. At that meeting, Council determined that the Master Plan should be provided to the public for their consideration. Council resolved:

 

1.   Council receive and adopt the updated Traffic and Parking Master Plan Lane Cove Town Centre and Parking Strategy for the Lane Cove West Business Park dated September 2007 for the purposes of public exhibition;

 

2.   The draft report be placed on public exhibition for a period of 30 days, and a further report be submitted.

 

3.   Councillors be provided with a copy of the studies of the Gross Floor Area in the Village Commercial Area.

 

The Master Plan was placed on public exhibition until Friday, 9 November 2007. Copies were placed at Lane Cove Library, Greenwich Library, at the customer service counter in the Administration Building and on Council’s web site.

 

Council only received one submission during the public exhibition process, that being from RASAD (Residents and Shopkeepers for Appropriate Development). This submission has been included as Attachment 1.

 

Council also received an earlier submission on the draft Maunsell’s report from CPOWA (Lane Cove Commercial Property Owners Association Inc.). This submission has been included as Attachment 2.

 

The issues raised in the submissions will be discussed in the next section of this report.

 

 

Discussion

 

The RASAD submission agreed with the main content of the Report and generally with the recommendations. RASAD agreed that due to the overstaying in car parks such as Rosenthal Avenue, that there was a need for more medium and long term parking, as suggested in the report. RASAD also concurred with Maunsell’s recommendation “that a practical approach for Council would be to aim to safeguard land for the provision of an additional 200 public parking spaces. These should be developed as conditions dictate; with surveys and monitoring undertaken before further parking supply is provided.”

 

RASAD also agreed with the recommended strategies on Page (iv) of the Executive Summary, but see that the access controls and parking charges are linked and should not be introduced until the impact of the Woolworths Market Square development has been assessed. This was as per the recommendations 3 & 4 of Open Space and Urban Services divisional report of 2 October 2007. Open Space and Urban Services will contact RASAD to discuss their position on the traffic and parking issues for the Town Centre in the foreseeable future.

 

The CPOWA submission of 5 September 2007 draws a different parallel to the RASAD submission. CPOWA strongly believes that there is a parking shortfall in the Town Centre in excess of 400 car spaces. CPOWA is of the view that development in excess of an additional 5000m2 will occur in the period to 2016. Additionally, CPOWA was also of the view that the 125 car spaces Maunsell proposed for the proposed additional development (5000m2) was inadequate, as operations such as cafes and restaurants require greater parking provision than 1 car space per 40m2.

 

In response to these issues discussions were held with Council’s Strategic Planning section. The Strategic Planners indicated that 5000m2 of additional GFA for the Town Centre up to 2016 is a fair assumption, considering the amount of development that has been undertaken in the Centre over the past 10 years and the fact that there are not many further opportunities available for any more significant development (apart from Woolworths which has been included separately). On the parking provision, Maunsell’s has provided better consideration of the potential parking requirements with future developments in the updated Report and has used a rate of 1 car space per 28m2 for the theoretical parking demand (based on the RTA guide of 15 car spaces per 100m2 for restaurants), and a rate of 1 car space per 38m2 based on the existing supply rate parking demand (see Table 5.7 on page 37).

 

CPOWA also mentions the impact of the Aquatic Centre on the parking demand, and the fact that Maunsell’s did not consider these impacts in their draft Report. In the updated Report, Maunsell’s have included the Aquatic Centre in their parking demand rates, as detailed in Table 5.3 on Page 34. The rate of 3 car spaces per 100m2 requires approximately 100 car spaces for the Aquatic Centre which is 3300m2.

 

With respect to CPOWA’s comments on car parking requirements for future developments of properties facing the existing car parks, Maunsell’s have responded by suggesting that private off-street parking should be provided, at least in part, with any proposed future development required to achieve the additional 5000m2 of GFA in the Town Centre. This should negate loss of on-site parking that has been suggested by CPOWA as possibly happening with any redevelopment.

 

Finally, the parking of staff and commuters raised by CPOWA has been considered in this updated Report by Maunsell’s. It has been recommended by Maunsell’s that Council provide additional long-term public off-street parking at the Little Lane Car Park site for this reason.

 

 

Conclusion

 

The updated Traffic and Parking Master Plan for the Lane Cove Town Centre and Parking Strategy for Lane Cove West Business Park completed by Maunsell’s on 26 September 2007 is considered to provide a thorough assessment of the parking demand of the Town Centre and the associated traffic flow issues. This Master Plan addresses the issues raised by CPOWA in their correspondence of 5 September 2007. RASAD have indicated their support of the Master Plan and requested that Council adopt the report in whole.

 

 

 

 

RECOMMENDATION

 

That Council:-

 

1.        Receive and adopt the updated Traffic and Parking Master Plan for the Lane Cove Town Centre and Parking Strategy for the Lane Cove West Business Park dated 26 September 2007;

 

2.         Investigate opportunities to provide an additional 200 or so public car spaces to the Lane Cove Town Centre by 2016, with the suggested provision of additional long-term public off-street parking on the Little Lane Carpark site forming part of those considerations;

 

3.         Investigate a graded system of parking charges for the Lane Cove Town Centre to encourage turnover of public parking spaces. The parking charges are not to be introduced until after the Market Square development is complete;

 

4.         In parallel with Recommendation 3, investigate the provision of access controls to the public carparking areas to better manage traffic flows; and

 

5.         Initiate discussions with the Lane Cove West Business Park owners and operators with respect to their parking issues as proposed in the Maunsell report.

 

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

RASAD submission

3 Pages

 

AT‑2 View

CPOWA Submission

5 Pages

 

 

 


ORDINARY COUNCIL

 

OPEN SPACE AND URBAN SERVICES DIVISION REPORT NO. 39

 

19 NOVEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 19 November 2007

12/11/2007 to Ordinary Council

Open Space and Urban Services Division Report No. 39

Subject:           Lane Cove Village Express - Bus Stop Accessibility    

Record No:     SU1697 - 34357/07

Author(s):       Wayne Rylands 

 

 

Executive Summary

 

At the Council Meeting of 2 October 2007, the Human Services Division tabled a report on the operations of the Lane Cove Village Express Bus Service. After consideration of this report, Council resolved: -

 

1.            Council receive and note the Report.

 

2.                        A Report on the outcome of the Advent8 trial be presented to Council when the results can be assessed.

 

3.            A gold coin donation be introduced as of 1 November, 2007.

 

4.                        Council negotiate with the service provider as to what commercial arrangements would make the acquisition of an accessible bus viable.

 

5.                        Council assess the accessibility of bus stops used by the Village Express in the Local Government Area, and a further report be submitted to Council.

 

In respect of resolution 5, Open Space and Urban Services has inspected and assessed the accessibility of the bus stops used by the Village Express.

 

The main improvement proposed is to construct a concrete pad at the Banksia Close bus stop (Lane Cove West Business Park Terminus) to improve accessibility, and provide formalised bus zone signage at this stop.

 

 

Discussion

 

The Village Express is promoted to the community as a free bus that can be caught from any State Transit Authority (STA) bus stop, or by flagging the driver from any point along the kerb as the bus approaches. All of the STA bus stops already provide concrete pads between the kerb and adjacent footpaths to allow easy access onto any bus.

 

The flagging of the driver from any point along the kerb as the bus approaches, makes it difficult from an accessibility point of view in that concrete pads cannot be provided along the whole route.

 

On observing the bus movements along the designated routes, it was noted that the majority of passengers utilise the service from the Banksia Close Terminus. Other than this bus stop, most other passengers were observed to join the bus at the STA bus stops. Some passengers caught the bus from various other locations along the two routes, but not at any place that could be identified as a permanent bus stop.

 

 

Conclusion

 

The Banksia Close Terminus is located on the southern side of Banksia Close, just west of the intersection with Avalon Avenue and the marked pedestrian foot crossing. Currently, patrons either enter or exit the bus onto the grass verge. It is proposed that a concrete pad be installed in this location, and that the bus stop be formally signposted to designate the area as a Bus Zone, 11am to 3pm, Monday to Friday. This bus zone will not remove any on-street parking, as the area is currently zoned as No Parking. It is not considered that the bus zone will create a safety hazard due to the low traffic volumes in Banksia Close. This matter will also be referred to the Traffic Committee for endorsement.

 

 

 

 

RECOMMENDATION

 

That Council upgrade the bus stop in Banksia Close, Lane Cove West to provide for improved accessibility for patrons of the Lane Cove Village Express bus service.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


ORDINARY COUNCIL

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 40

 

19 NOVEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 19 November 2007

7/11/2007 to Ordinary Council

Environmental Services Division Report No. 40

Subject:           Section 94 Contribution Plan    

Record No:     SU2804 - 33918/07

Author(s):       Brendan Metcalfe 

 

 

Executive Summary

 

The purpose of this report is to inform Council of the effect of Department of Planning Circular PS07-018 dated 6 November 2007, as attached at AT1, on the Draft Lane Cove Section 94 Contribution Plan 2007.

 

The State Government has recently announced changes to developer contributions, the specific amendments affecting the Municipality being discussed below.  The transitional arrangements for section 94 plans are unclear as yet regarding whether Council would be permitted to adopt the Draft Lane Cove Section 94 Contribution Plan 2007 in its current form. Furthermore, Council has been advised against doing so as a second revision would be needed following the proposed release of guidelines in the new year. As a result, it is recommended that Council await the release by the Department of Planning of these new guidelines on section 94 and 94A contributions plans.  The current section 94 Plan would continue to operate until the new plan is adopted by Council and approved by the Minister for Planning.

 

Background

 

The Draft Section 94 Plans exhibition had been held from December 2006 to February 2007.  Subsequently staff have been considering submissions received in order to ensure the Plan’s coordination with other documents including the Maunsell’s Traffic and Parking Strategy and the Major Projects Plan.

 

Council had then been finalising the Draft Plan which was to be tabled at this meeting for adoption.  At the time of writing the report presenting the final Section 94 Plan, however, the Planning Circular – Development Contributions was received and it is now pending review having regard to potential impacts of this circular.

 

Discussion

 

The Circular

 

The Circular advises Council of changes to the setting and collection of infrastructure contributions in NSW.  State and local infrastructure contributions will now only fund attributable infrastructure and land requirements to support developed land rather than infrastructure requirements driven by general population growth. This means that Council will only be able levy section 94 contribution for a reduced range of infrastructure items where the need for that infrastructure arises from the development of land.

 

Key changes for Lane Cove include:

 

(i) A new state-wide framework for collection of contributions.

Section 94 and 94A will now only be available for collection of funds for infrastructure that is related to the development of land.  For Councils, infrastructure required as a result of population growth would be funded only from rate revenue.  The new framework will be implemented immediately, with legislation covering specific provisions for levies being introduced in early 2008.

 

(ii) Section 94 Plan preparation and approval by Minister.

As of 12 November 2007, all section 94 plans will require endorsement by the Minister for Planning.  New guidelines on how and when Council would prepare a plan will be released by the Department of Planning.  The timeframe for this has not been announced.

 

(iii) Permissible infrastructure included in plans.

The following can be funded from section 94 plans:

·    Local roads

·    Local bus infrastructure

·    Local parks that service a development site or precinct

·    Drainage and water management expenses

·    Land and facilities for local community infrastructure that service a development site or precinct

·    Land for other community infrastructure and recreational facilities

 

All costs benefiting existing communities can no longer be recovered through local contributions.  This has significant implications for Lane Cove, as the Draft Section 94 Plan 2007 that was to be presented for adoption contained a cost recovery component.

 

(iv) Staged contribution collection.

For locations that are rezoned, a single contribution combining State and Local infrastructure charges will be set on a developable basis, which would be collected in two stages:

 

·    Rezoning Infrastructure Contribution (RIC) is imposed on the purchaser at the time the land is first sold following rezoning or approval of a development application to recover 25% of state and local infrastructure costs

·    Serviced Infrastructure Contribution (SIC) payable by developers on release of a subdivision or occupancy certificate to recover the remaining 75% of State and Local costs.

 

(v) Urban Improvement Fund.

State contributions will be held in the Urban Improvement Fund.  Collection methods are being investigated. 

 

(vi) Consultation.

Local government has not been consulted to date, and it is intended that stakeholders will be contacted as arrangements develop.

 

(vii) Transitional arrangements.

As of 12 November, Lane Cove’s current section 94 Plan will continue to operate as if the changes announced by the Premier on 12 October 2007 had not been made.  Whilst the legislative mechanisms to implement the changes contained in the circular are made, the guidelines for Plan preparation are to be developed.   Upon release of the guidelines all Councils would be requested to write a new s.94 contributions plan.  Greenfield areas would be the first priority with brownfield Local Government Areas (LGAs) such as Lane Cove next.

 

No arrangements are in place for draft plans in the Circular.  Department of Planning contact for the Circular, Mr Scott Philips, has advised in a telephone conversation that Council could technically adopt its newly prepared Plan, as the planning circulars are not legally binding and are released as advice to Councils.  This is oral advice only and there is a general understanding between Councils and the Department of Planning that Council would prepare plans consistent with the Circular.  In addition to this, his advice was to wait and prepare a new plan under the new guidelines or amend the Plan with reference to the Circular. 

 

Currently there is no requirement to obtain the Department of Planning’s approval for the Plan, however a copy of the plan must be sent to the Minister for his information. The Minister may direct a council, in writing, to approve, amend or repeal a contributions plan. 

 

 

(viii) Legislative changes required.

The following changes are being examined with introduction in early 2008 to:

·    Require section 94 plans to be approved by the Minister for Planning or a delegate (Environmental Planning and Assessment Act)

·    Require payment of the RIC at the time land is first sold following its rezoning (Real Property Act 1900)

·    Establish the Urban Improvement Fund

 

Local Government Shires Association (LGSA) Response

 

At the recent LGSA conference in Coffs Harbour 22 October 2007, a press release was prepared, attached at AT2 in response to announcements foreshadowing this weeks changes to developer contributions.  In the release, The LGSA has called on the State Government to “Delay plans to reduce developer contributions, due to concern that the cuts will lead to communities being without crucial infrastructure like libraries, community centres and sporting facilities”. 

 

The following motion was also passed by delegates:

 

That the Association calls on the State Government to:

·    Enter into a dialogue with Local Government on local finances and infrastructure provision, and particularly that a funding model be addressed as a matter of urgency.

·    Delay any implementation of developer contributions reform until further widespread consultation with Local Government has occurred.

·    Accelerate the promised 'whole of government' response to the Association's response to the Local Government Inquiry recommendations (as a basis for the dialogue).

·    Urgently enter into a strong and binding Intergovernmental Agreement with NSW Local Government.

·    Hypothecate the interest gained over the period contributions are held in trust, back to the council from which it was taken.

·    Pass on, by law, the alleged benefit accrued from the reduction in developer levies to the purchaser of any land. That the Association calls on the Federal Government to take responsibility for funding local infrastructure.

That the Association calls on the Federal Government to take responsibility for funding Local infrastructure.

 

No further comment on the changes has been made by the LGSA since the release of the Department Circular. At the time of writing, it was proposed that on Tuesday 13 November 2007, the LGSA, Presidents of the Regional Organisations of Councils (ROCs) and the Mayors of greenfields LGAs were to meet to discuss a collective response to the current planning reforms, including section 94.

 

Next Steps

 

The Department of Planning and NSW Treasury will develop guidelines and procedures to give effect to the reforms.

 

Council may:

·    Adopt the Draft Lane Cove Section 94 Plan 2007, this would need to be confirmed with the Department of Planning in writing.

·    amend the 2007 plan in accordance with the recent Planning Circular or

·    await the new guidelines before preparing a new plan.

 

 

Conclusion

 

The proposed changes to the collection of developer contributions under the Planning Circular of 6 November 2007 would require the amendment of Draft Lane Cove Section 94 Plan 2007.  The content of any new plan would be subject to proposed guidelines scheduled for release in early 2008.  Until such time that Council prepares a new draft plan, the existing section 94 plan continues to operate.  The LGSA and ROCs are to meet regarding the proposed changes which may severely restrict the capacity of Councils to seek funds for provision of community facilities and prohibit cost recovery of existing infrastructure.

 

It is recommended that Council monitor developments before finalising the current Draft Section 94 Contributions Plan.  It is not anticipated that Lane Cove Council would be disadvantaged by monitoring development of the proposed amendments as there are no major developments likely for the foreseeable future.  It is expected that major development would not occur in the Municipality until after gazettal of the comprehensive LEP (DLEP 2007).  Following release of guidelines for preparation of section 94 plans, a clearer assessment of how the proposed changes would affect collection of section 94 funds on development as a result of DLEP 2007 can be made.

 

 

 

RECOMMENDATION

 

That Council:-

 

1.   Note Department of Planning Circular PS 07-018 – Developer Contributions

 

2.   Notify those parties who made a submission on the draft Section 94 Plan

 

 

3.   Council staff monitor progress of this issue and review the Draft Section 94 Plan accordingly.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Department of Planning Circular - Developer Contributions

 

 

AT‑2 View

Media Releases - S.94 Contribution Changes

4 Pages

 

 

 


ORDINARY COUNCIL

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 37

 

19 NOVEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 19 November 2007

1/11/2007 to Ordinary Council

Environmental Services Division Report No. 37

Subject:           Request for Removal of Covenant - 23 Osborne Road, Lane Cove    

Record No:     SU1802 - 33203/07

Author(s):       Peter Thomas 

 

 

Executive Summary

 

·    Following a complaint in December 1976, Council inspected 23 Osborne Road and noted that a kitchen had been installed in the lower part of the dwelling house and it was being used as a separate occupancy.

 

·    Council and the owners of 23 Osborne Road Lane Cove entered into a Deed and a Caveat was placed on the property, such that when the existing occupation and/or the property was sold that the kitchen was to be removed and the building would be a rendered a single occupancy dwelling house.

 

·    The basis for this action appears to relate to Mrs Pantalone’s health and the need for her daughter to live at the premises to assist with her care.

 

·    The owners have advised that the property is to be sold and it has been advertised for sale over the past weeks.

 

·    The applicant has requested Council rescind the Caveat and not require the removal of the kitchen and the building be granted “dual occupancy” status.

 

Background

 

·    On 29 April 1974 Council approved an application for the erection of a dwelling house.

 

·    On 22 September 1975 approval was granted for the alterations to the dwelling house.

 

·    A final inspection was carried out on 22 October 1975.

 

·    Following a complaint, an inspection by Council on 17 January 1977 revealed that the lower entertainment area had been provided with an additional kitchen and was being used as a separate occupancy for family members.

 

A report was submitted to the Council meeting of 20 June 1977 (see AT1).  The Council resolved:

 

The applicant prepare a covenant restricting the use of the building to the present parties and whereby the present occupation ceases, either by one or both parties or when the premises are sold the unauthorised work (kitchen fixtures and fittings) are to be removed.

 

·    On 11 September 1978 a deed between Council and Mr Santino Pantalone and Mr Anthony Michael Pantalone was signed.  (See AT2).

 

·    Correspondence from Council’s then solicitors Hall and Hall also referenced the Caveat as No Q940151, which was lodged against the title of the property.

 

·    By letter dated 21 September 2007, and a subsequent letter dated 8 October 2007, Council was advised of the owner’s intention to sell the property and to be released from the caveat, such that the building could be sold with the kitchen in place, and as such as 2 dwellings (See AT3).

 

Discussion

 

When the original building work to the dwelling house was approved on 29 April 1974, the plans (endorsed 13 May 1974) show the dwelling house as one occupancy and the lower area where the kitchen is located as an entertainment area.  An internal access was provided between the levels. 

 

Following a complaint, Council inspected and noted that the entertainment area had been converted to a kitchen and the lower level occupied as a separate occupancy.

 

A Demolition Order was served dated 21 January 1977 and the owner of the property Mr Santino Pantalone submitted a letter advising that the lower area was occupied by his daughter and her family.  (See AT4).

 

Following the representation from the owner of the property, Council resolved:

 

(1)  Mr S Pantalone be advised that whilst Council has had regard to his request and accepts that the illegal work carried out for the purposes of separate occupation is for members of his family, Council is unable to concede to his request other than to extend the time to comply with Council’s notice.

(2)  A fresh notice be served upon Messrs S and A Pantalone of 23 Osborne Road, Lane Cove under Section 317.3(1A) to demolish the unauthorized work at 23 Osborne Road, Lane Cove within 90 days.

 

Further representation was received from Mr Santino Pantalone and plans were submitted dated May 1977, for alteration to the building to form a duplex.  This was not a formal application, and the file indicates that the proposal, if submitted would not have been able to be approved under the legislation.

 

Following this a report to the Council Meeting of 20 June 1977 indicated that:

 

Council has recently adopted a policy of requiring a restrictive covenant to be placed on the Deed of Title as a condition of Building approval where the design of dwellings or alterations and additions to dwellings make the dwelling capable of being adapted for separate occupation.

 

Council further considered the matter of the unauthorised work at the property and resolved that:

 

The applicant prepare a covenant restricting the use of the building to the present parties and whereby the present occupation ceases, either by one or both parties or when the premises are sold the unauthorised work (kitchen fixtures and fittings) are to be removed.

 

From the terms of the Deed and the Caveat, it is apparent that the situation foreshadowed in the agreements has occurred and the terms of the Deed and Caveat should be met.  This would result in the removal of the kitchen and the building being rendered a single occupancy.

 

The correspondence from Mr Anthony Pantalone, advises:

 

1.         Of the original signatories to this caveat only one is still alive Mr Anthony Pantalone the other our father Mr Santino Pantalone is now deceased.  The other half of the property has been inherited by his daughters Mrs Isabella Riccardi and Mrs Josephine Karras.

2.         We seek to remove the caveat because we are in the process of selling the property and would like that the eventual purchaser have the property unencumbered.

3.         We would like the property in question to be given “dual occupancy” status.

4.         We do not require retrospectivity but we not need to know that is require to have dual occupancy status from now on.

5.         Clarification of exactly what this caveat means and how to proceed to annul it


In response to the above, Mr Pantalone has been advised of the requirements for dual occupancy and also advised that Council cannot grant retrospective development consent.  In relation to the terms of the caveat, Mr Pantalone should rely on his legal advice.  Initially Mr Lyons of Lyons and Lyons solicitors was acting on Mr Pantalone's behalf.

 

The issue was discussed with Council’s Solicitor Mr Ellis Jones, who confirmed that the time for exercising of the Caveat has occurred and Council should proceed to direct compliance with its terms.  Given that the legislation referred to has changed, Council can also serve a Notice to require removal of the unauthorised work pursuant to Order 12 of Section 121B of the Environmental Planning and Assessment Act.

 

Dual Occupancy

         

The site is in a residential 2(a) zone and dual occupancy is a permitted use, subject to Council approval.  The minimum site area is 750sqm and the site has an areas of 619.7sqm, which is significantly less than the required 750sqm.  The various other controls are in the Dual Occupancy DCP .

 

Conclusion

 

The Council of the day had regard to relevant issues at the time.  It is now appropriate that Council seek compliance with undertakings made by the owners.

 

Having regard to the agreements previously reached with regard to the use of the premises, it is considered that the caveat should be enacted and the kitchen removed.

 

 

 

 

RECOMMENDATION

 

That:-

 

1.         Council advise Mr Pantalone that his request for removal of the Caveat cannot be supported and that the restoration works required be carried out.

 

2.         Should the above not be met, appropriate action be taken to seek compliance.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Building Committee Report No.11

3 Pages

 

AT‑2 View

Deed between Santino Pantalone and Anthony Pantalone

4 Pages

 

AT‑3 View

Letter re addition of second kitchen

1 Page

 

AT‑4 View

Demolition Order dated 21 January 1977

1 Page

 

 

 


ORDINARY COUNCIL

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 41

 

19 NOVEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 19 November 2007

8/11/2007 to Ordinary Council

Environmental Services Division Report No. 41

Subject:           Councils Ability to Impose Conditions on Subdivisions    

Record No:     SU1787 - 34070/07

Author(s):       Michael Mason 

 

 

Background

 

At it’s Ordinary Meeting of 6 August 2007 Council considered an 82A application (DA322/05) to demolish an existing dwelling house and inground pool at 10 Alpha Road and a dwelling house at 9 Gamma Road and subdivision of the site into 3 lots for future development (copy of Report AT1).

 

Council at it’s meeting of 6 August 2007 resolved that: -

 

            Council reiterate its previous decision for the Development Application No. 322/2005 made on 4 September 2006 and refuse the application for the consolidation of two lots and resubdivision into 3 lots on Lots 68 and 68 DP 4373 and known as 10 Alpha and 9 Gamma Road, Lane Cove”.

 

As a matter arising from the debate, Council also resolved that: -

 

            “The current planning rules to require applicant’s for subdivision to submit with the subdivision application, a development application for a house for approval, are patiently inadequate.

 

            After subdivision, when a development application is subsequently lodged there are enormous problems in trying to locate a built form on the site without causing enormous issues for adjoining neighbours and even the applicant themselves.

 

            The General Manager is requested to bring back a report to Council on the ability of Council to effectively impose conditions on any built form at the time of the grant of the subdivision approval and what actions could be taken to lobby to have any planning rule deficiencies addressed in regard to subdivision in existing residential areas.”

 

Purpose of this Report

 

The purpose of this report is to advise Council that the matter was referred to Marsdens Solicitors for review and the provision of appropriate options available to Council to effectively impose conditions on (subsequent) built form at the time of subdivision.

 

Advice

 

Mr Adam Seaton of Marsdens Solicitors reviewed Council’s role and responsibility under the EP&A Act and relevant case law in forming the view and concluded, interalia, that:

 

            “If having regard to the circumstances of the particular development application for subdivision the Council is satisfied that the proposed lots are smaller than usual, environmentally sensitive or that the resultant in development on land is likely to cause significant impacts on the neighbours unless the future development is designed by someone with a higher than usual level of design skill, it would be open to the Council to impose conditions on the development consent for the subdivision that are appropriate to constrain future development of the land.  Those conditions could include a requirement for the building to be contained with a particular building envelope, the prescription of maximum building heights or the prescription of a particular design for future development on the land.  Such conditions could require the constraints to be recorded by way of a covenant on the title of the subject lot with an undertaking to the effect that the consent of the Council is required in relation to a variation or release of the covenant.”

 

Legal advice from Marsdens Solicitors is included as Attachment 2.

 

Upon review of the legal advice the statement by Commissioner Roseth on page 4 is particularly noteworthy in that he supported the adoption of the planning principle, that

 

            “… a subdivision application should provide constraints on future buildings when the proposed allotments are smaller than usual or environmentally sensitive or where significant impacts on neighbours is likely and needs careful design to minimise them.”

 

Notwithstanding the above comment by Senior Commissioner Roseth of the Land and Environment Court and the concurring conclusion by Mr Seaton, it is unfortunate that Commissioner Brown was not persuaded that the proposed subdivision at 10 Alpha, 9 Gamma Road warranted such treatment in his judgement handed down on 13 September 2007, included as Attachment 3.

 

Paragraph 14, page 4 of the Brown Judgement states:

 

            “I do not accept that the site falls within any of the situations identified in Parrot or any other situation that would warrant the consideration of a dwelling in conjunction with the subdivision.  The site has a slope but could not be considered to be steep to the point where a dwelling house would require an overly careful design.”

 

Appeal Decision

 

The appeal by the applicant to the Land and Environment Court to Council’s resolution (188) to refuse the demolition and subdivision application was handed down by Commissioner Brown in the following terms:

 

1.         The appeal is upheld.

 

2.         Development application DA322/05 for the demolition of an existing garage and an existing inground swimming pool to allow for the resubdivision of 9 Gamma Road and 10 Alpha Road, Lane Cove into 3 lots is approved subject to the conditions in Annexure A.

 

3.         The exhibits are returned with the exception of exhibits 3,4 and A. 

 


CONCLUSION

 

Having regard to the legal advice of Marsdens Solicitors, relevant case law and the judgement of Senior Commissioner Roseth and Commissioner Brown, Council may, for a subdivision application, impose constraints on future buildings when the proposed allotments are smaller than usual, or environmentally sensitive or where significant impacts on neighbours is likely and needs careful design to minimise them.

 

In the words of Mr Seaton:

 

            “Those conditions could include a requirement for [future] building(s) to be contained with a particular envelope, the prescription of maximum building heights or the prescription of a particular design for future development on the land.  Such conditions could [also] require the constraints to be recorded by way of a covenant on the title of the subject lot with an undertaking to the effect that the consent of the Council is required in relation to a variation or release of the covenant.”

 

 

 

RECOMMENDATION

 

That Council consider as a matter of policy the imposition of conditions that would constrain future buildings for subdivision application that seek to create allotments that are smaller than usual or environmentally sensitive or where significant impacts on neighbours is likely and careful design is required to minimise them.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Copy of Environmental Services Report No. 233

9 Pages

 

AT‑2 View

Legal advice from Marsdens Law Group

7 Pages

 

AT‑3 View

Land and Environment Court Judgement 13 September 2007

12 Pages

 

 

 


ORDINARY COUNCIL

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 44

 

19 NOVEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 19 November 2007

13/11/2007 to Ordinary Council

Environmental Services Division Report No. 44

Subject:           Draft LEP Amendment No.67 - 3 Amalfi Place    

Record No:     SU3120 - 34562/07

Author(s):       Stephanie Bashford 

 

 

Executive Summary

 

Council has received a request from the owner of 3 Amalfi Place, Longueville to amend the Local Environmental Plan 1987 to permit the suspension of a covenant affecting that property. This follows the adoption by Council of Draft LEP Amendment No.66 relating to 83 and 85 Kenneth Street to permit the suspension of a covenant affecting those properties, to which 3 Amalfi Place is a party.

 

The basis given by the owner of 3 Amalfi Place for the present request is to allow comparable development opportunities for both properties to minimise loss of amenity and views, and address a perceived imbalance created by the removal of only one covenant between neighbouring properties.

 

Council is requested to adopt Draft LEP Amendment No.67 – 3 Amalfi Place for the purpose of exhibition, as attached at AT 1.

 

Background

 

A letter has been received from Woolf Associates, Solicitors dated 22 October 2007 on behalf of Nina Bryan, the owner of 3 Amalfi Place. The letter and covenant are attached at AT 2. (Supporting documentation attached to the letter, including material already provided for the court matter, has been circulated to all councillors and relevant staff before this meeting, but is not included in the hard copy reports due to its volume.) The letter requests Council “to prepare an LEP to suspend the covenant applying to her property”. 

 

Discussion

 

Purpose of the Draft Plan

 

The application has been made on the grounds that 3 Amalfi Place is particularly affected by the removal of the covenant at 83 Kenneth Street by Draft LEP 66.

 

Draft LEP 66 restates Draft LEP 62, which had been gazetted in December 2006 but was declared invalid by the Land and Environment Court in September this year.  It would permit two houses to be constructed on what had been formerly one single lot, in accordance with development consents given by Council.

 

A submission had been made in the court case that, in the course of amendments being made to Draft LEP 62 after its exhibition, the owner of 3 Amalfi Place had been denied an adequate opportunity to make a submission requesting the same right to have a covenant over their property suspended.

 

The recommendation to adopt Draft LEP 67 has regard to the interrelated history of the two properties in relation to this matter, in particular the judge’s comment that: “The applicant [the owner of 3 Amalfi Place] ended up with a plan that left her with the covenant burdening her own land but removed the covenant benefiting her land to the extent necessary to enable her neighbour’s land to be developed.”

 

Both Draft LEP 66 and Draft LEP 67 aim to give Council the power to suspend covenants so as to permit development. Draft LEP 67 is expressed in similar terms as Draft LEP 66, but in accordance with Woolf Associates’ request (page 2 paragraph 2), relates to the suspension of a covenant so as to permit the development of a two-storey dwelling. (Draft LEP 66 aims to to permit the development of one dwelling-house on each of the 2 lots created by the subdivision of 83 Kenneth Street.)

 

It is noted though that no development application has been lodged for 3 Amalfi Place. The adoption of Draft LEP 67 would not commit Council to giving development consent, if it did not consider this appropriate in the event of a development application being lodged in future.

 

Process

 

The applicant requests that the proposal for 3 Amalfi Place be incorporated into Draft LEP 66 so that is would  be exhibited within the draft LEP for 83 and 85 Kenneth Street properties (page 2, paragraph 1). This is a matter which may be addressed by the Department of Planning. However this approach is not recommended, since it is not within Council’s power to guarantee the outcome of any LEP, and to tie the two together may affect the timeframe within which either other could otherwise have proceeded independently.

 

There is minimal practical disadvantage in preparing Draft LEP 67 separately, since Draft LEP 66 was sent to the Department only one month earlier in October, so that it would be likely that their exhibition would occur almost simultaneously. Furthermore, the Department of Planning encourages the combination of minor LEPs and may require this to be done. However for Council to initiate this would involve correspondence with the Department, prior to another report to Council seeking adoption of the combined LEP, which would then be sent to the Department some weeks later than if this Draft LEP 67 is adopted at tonight’s meeting of 19 November.

 

Clause 15A(1) of the draft Comprehensive LEP (DLEP 2007) includes the following generic suspension of covenants clause, required by the Department of Planning:-

 

“For the purpose of enabling development to be carried out in accordance

with this plan (as in force at the time the development is carried out) or in

accordance with any consent granted under the Act, the operation of any

covenant, agreement or similar instrument, to the extent necessary to serve

that purpose, shall not apply to such development.”


 

This means that Council would in due course gain the power to suspend covenants on this site and

any other in the LGA in any case. The applicant wishes however to progress the amendment for 3

Amalfi Place in a site-specific LEP, rather than through DLEP 2007, in view of the lengthier

timeframe expected for the LGA-wide plan to be exhibited and finalised. This accords with the aim

of synchronising Draft LEP 67 with Draft LEP 66.

 

Consultation Strategy

 

Following advice from the Department of Planning, Council can proceed to exhibit the draft LEP.  The methods of consultation proposed are outlined below.

 

Statement of Intent

 

The consultation is designed to publicise the draft LEP’s exhibition to the general public,  property owners and other key stakeholders in the vicinity of the site, to provide input as to whether Council should proceed with the proposal to suspend a covenant relating to 83 and 85 Kenneth Street.

 

Consultation Methods

 

 

Involve

Involve

Involve

Inform

Target Audience

Adjoining property owners

Parties to the covenant

Government authorities

Relevant Residents Associations

General Community

Proposed Medium

Direct Notification

Direct Notification

E-mail Mailing List

Public Notice and Website

 

Conclusion

 

In response to the application made by the owner of 3 Amalfi Place, and having regard to the court decision relating to 83 and 85 Kenneth Street, Council is requested to adopt Draft LEP Amendment No.67 – 3 Amalfi Place for the purpose of exhibition, as attached at AT 1.

 

Draft LEP 67 would not commit Council to any particular decision in relation to any future development application for 3 Amalfi Place. The recommendation is made with the purpose of satisfying the request to ensure development opportunities comparable with those of the owners of the neighbouring properties.


 

 

RECOMMENDATION

 

That:-

 

1.         Council resolve to prepare a draft local environmental plan in the terms of Draft LEP Amendment No.67 – 3 Amalfi Place dated 13 November, 2007 attached as AT 1, in accordance with section 54 of the Environmental Planning and Assessment Act.

 

2.          Council submit Draft LEP Amendment No.67 to the Department of Planning with a request      for Written Authorisation to exhibit the draft plan, in accordance with section 54 of the Act.

 

3.         Subject to receiving the Written Authorisation to exhibit the draft plan, Council place the             draft plan on public exhibition in accordance with section 6 of the Act, and undertake             consultation as detailed in the body of the report.

           

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Draft LEP Amendment No.67 - 3 Amalfi Place

1 Page

 

AT‑2 View

Letter from Woolf Associates dated 22 October 2007 with covenant

5 Pages

 

 

 


ORDINARY COUNCIL

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 45

 

19 NOVEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 19 November 2007

14/11/2007 to Ordinary Council

Environmental Services Division Report No. 45

Subject:           Lane Cove Village Structure Plan - Information Session    

Record No:     SU3076 - 34633/07

Author(s):       Stephanie Bashford 

 

 

Executive Summary

 

The urban planning consultancy City Plan Services has been appointed to undertake the Lane Cove Village Structure Plan project.

 

Council is requested to note this Report, which outlines the background to the information session which is to be presented by the firm at the meeting on 19 November.

 

Background

 

The Lane Cove ALIVE Action Plan was developed in 2005 by Council through a process of extensive consultations with all community stakeholders. The Action Plan identified actions to ensure the future prosperity of Lane Cove Village Centre.  Subsequently the Lane Cove ALIVE Leadership Group in 2006 drafted a Strategic Plan to further the aims of creating a sustainable and revitalized centre. The Structure Plan project flows from the recommendations of the Strategic Plan.

 

Discussion

 

A Steering Committee was formed comprising: Peter Brown, Michael Mason (Project Manager), Jane Gornall, Stephanie Bashford (Project Coordinator) and from Lane Cove ALIVE, Jon Johannsen and Bronwyn Clarke. 

 

The committee prepared the Project Brief , which is attached at AT 1.  The budget for the project is $45,000, and it is expected to be completed within this financial year.  Advertisements were placed in the Sydney Morning Herald Tenders section on 29 September and 2-3 October. Submissions were presented by five short-listed firms to the Steering Committee on 26 October. An inception meeting was held with City Plan on 5 November, and a meeting to introduce key staff to the firm was held on 16 November.

 

City Plan is to present an information session at the Ordinary Council meeting on 19 November to explain the role of the Structure Plan and the process by which it will be prepared. Community organisations were notified on 3 November that the presentation was to be held. The consultation methods which are to be conducted, in accordance with Council’s Community Consultation Plan, are outlined in the Brief.

 

Conclusion

 

Council is requested to note this Report, which outlines the background to the information session which is to be presented by City Plan Services at the meeting on 19 November.

 

 

 

RECOMMENDATION

 

That:

 

1.         Council note this Report.

 

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

STRUCTURE PLAN BRIEF September 2007

17 Pages

 

 

 


ORDINARY COUNCIL

 

HUMAN SERVICES DIVISION REPORT NO. 25

 

19 NOVEMBER 2007

 

 

 

 

Ordinary Council at the Meeting 19 November 2007

13 November 2007 to Ordinary Council

Human Services Division Report No. 25

Subject:           Living in Harmony Programme - Grant Funds Received    

Record No:     SU935 - 34360/07

Author(s):       Faith Wieland 

 

 

Executive Summary

 

Ms. Teresa Gambaro, Assistant Minister for Immigration and Citizenship has recently written to Council to advise that our application for funding for “YOU + ME = Lane Cove”, through the Living in Harmony funding programme, has been successful. This is the first time Council has received funding from this source, although it is the second time Council has applied.  The funding granted is $20,000.

 

The Living in Harmony programme seeks to promote Australian values, especially mutual respect and mutual obligation, to engage the whole community and address issues of intolerance in Australia. 

 

This year, out of 391 applications only 41 received support.  “YOU + ME = Lane Cove” was one of these that was assessed as being likely to further the Living in Harmony message. 

 

Letters of support for Council’s application were critical to the success of the grant application. Letters were received from: the Metropolitan Aboriginal Lands Council, Relationships Australia, Lane Cove Community Aid, the Crows Nest Centre Community Settlements Officer, Sydney Language Centre, Lane Cove Community Men’s Shed, Lane Cove Youth Orchestra, Lane Cove Residents for Reconciliation, Lane Cove ALIVE, Artarmon / Chatswood South Uniting Church Council, Mowbray Public School Multicultural Network, Lane Cove West Public School, Greenwich Public School and Chatswood High School.

 

Discussion

 

Lane Cove is unique amongst North Shore Councils in having long standing and established cultural diversity events.  In addition to celebrations such as Kaleidoscope of Lane Cove and Chinese New Year in Lane Cove Plaza, Council’s Cultural Development Officer, assisted over the years by a number of work placement students, has run a variety of seminars and workshops aimed at improving local cultural understanding. 

 

In 2007, our most recent students ran two pilot “YOU + ME = Lane Cove” events.  At the first, the community was invited to spend an evening sharing photographs and personal stories.   At the second, community members were engaged in a simple artistic exercise to investigate and share those things that have influenced them including the way they interact with the Lane Cove community. 

 

More than 35 people representing more than 12 cultural and linguistic backgrounds, including Australian born, French/Thai, Iranian, Japanese, Venezuelan, Spanish, Dutch, Israeli-Palestinian, East African Indian, New Zealanders, Indigenous, American (USA) and Canadian backgrounds participated in the pilots.    Council’s successfully funded community project, “YOU + ME = Lane Cove”, developed out of these.

 

“YOU + ME = Lane Cove”, aims to deal with social isolation and a lack of mutual understanding by initiating a dialogue to explore the community’s awareness of Australian values and cultural diversity in the local community.   

 

With the funding received, Council will employ a contract program coordinator, run a Harmony Day event and invite the community to share their stories of culture and migration via art, craft, cooking and drama workshops.  In addition, there will be workshops for sharing children’s stories and cultural objects in local libraries.  The project will also discuss understanding and Australian values to improve community attitudes.

 

The timetable for YOU + ME = Lane Cove is as follows:

Milestone

To be completed by

Steering Committee formed

December 2007

Recruit Project Coordinator

February 2008

Art/Craft/Drama workshops commence

February 2008

YOU + ME = Lane Cove Information Night / first event

February 2008

Harmony Day

March 2008

Screening of Talking Values at Lane Cove West School

March 2008

YOU + ME Sharing Children’s Stories workshops

April 2008

Interim Report

May 2008

Social and cultural cooking workshops

June 2008

YOU + ME Sharing Children’s Stories workshops

July 2008

Recruit Facilitator for Values Forum

August 2008

Art/Craft/Drama workshops completed

September 2008

Australian Values Forum

September 2008

Final Report

December 2008

 

 

RECOMMENDATION

 

That Council receive and note the Report.

 

 

 

 

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

      

 


ORDINARY COUNCIL

 

19 NOVEMBER 2007

 

 

 

 

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