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PLANNING AND BUILDING COMMITTEE
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ENVIRONMENTAL SERVICES DIVISION REPORT NO.
490
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19 NOVEMBER 2007
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Planning and Building Committee at the Meeting
19 November 2007
8/11/2007 to Planning and Building Committee
Environmental Services Division Report No. 490
Subject: 1 Gatacre Avenue, Lane Cove
Record No: da07/191 - 33949/07
Author(s): May Li
Property: Road
reserve at the corner of Pacific
Highway and Gatacre Avenue, Lane Cove
Section 82A Application No: 191/2007
Date Lodged: 2
October 2007
Cost of Work: $10,000.00
(No change to the original proposal)
Owner : Lane
Cove Council
Author: May
Li
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DESCRIPTION OF
PROPOSAL TO APPEAR ON DETERMINATION
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Erection of a free standing business sign on the
road reserve at the north-western corner of Pacific Highway and Gatacre Avenue, Lane Cove
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ZONE
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3(b) – Business General
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IS THE PROPOSAL
PERMISSIBLE WITHIN THE ZONE?
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Yes
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IS THE PROPERTY A
HERITAGE ITEM?
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No
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IS THE PROPERTY
WITHIN A CONSERVATION AREA?
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No
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DOES DCP 1-
BUSHLAND APPLY TO THE PROPERTY?
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No
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BCA CLASSIFICATION
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Class 10b
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STOP THE CLOCK USED
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No
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NOTIFICATION
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Neighbours:
382, 388, & 390-392 Pacific Highway, 3 Gatacre Avenue,
Lane Cove
Ward Councillors:
Councillor DÁmico, Tudge, & Lawson
Progress Association:
Osborne Park Progress Association Inc
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REASON FOR REFERRAL:
The development application was refused under
delegated authority and the applicant is seeking a Section 82A Review of the
determination. The application is
accordingly submitted to Council for review and determination.
EXECUTIVE SUMMARY:
The proposal seeks
approval for the erection of a free standing business sign on the road reserve
adjacent to the business premises of the applicant (Comfort Inn). The proposal was refused under delegated
authority in August 2007.
The proposal was
referred to the Roads and Traffic Authority who did not support the original
development application. The Roads and
Traffic Authority have reaffirmed their objection to the proposal by letter
dated 23 October, 2007.
The Section 82A Review application has been submitted
to Council for review of the refusal of the development application. There have been no changes proposed to the
original proposal.
Refer to AT1
for the applicant’s supporting documentation.
BACKGROUND
On 28 August 2007,
DA191/2007 for erection of a 5m high pole sign for a private business was
refused under delegation.
Refer to AT2 for the original assessment report.
DISCUSSION
The application seeks
to erect a sign advertising the Comfort Inn motel. The sign is proposed to be erected on the
road reserve at the corner of the Pacific
Highway and Gatacre Avenue.
The development
application was referred to the Roads and Traffic Authority and they did not
support the proposal. The Section 82A
Review was also forwarded to the Roads and Traffic Authority and they reiterated
their opposition to the proposal.
Refer to AT3 and AT4 for the Roads and Traffic Authority’s responses of 14 August
2007 and 23 October 2007.
The proposal was
rejected by Council on the following grounds:
1. The
proposed development does not comply with the Roads and Traffic Authority
Policy 99/3 “Illuminated Street Name and Advertising Signs” or the Clear Zone
Nomograph from the Road Design Guide.
The RTA does not concur to the proposed illuminated advertising signage
to be erected at the corner of Gatacre
Avenue and Pacific Highway at Lane Cove.
2. The
proposed development does not comply with the objectives of Lane Cove Draft
Advertisements and Advertising Structures Manual and the proposed signage would
cause unsafe for the general public and cause visual clutter to the
streetscape.
3. The
proposed signage would obscure, obstruct or interfere with road traffic signs
or motorist vision or otherwise adversely affecting road safety.
4. The
proposed signage is a third party (unrelated to the premises) advertising which
is prohibited by Lane Cove Draft Advertisements and Advertising Structures
Manual.
5. Approval
of this third part advertising would set an unacceptable precedent to the Lane
Cove business community.
Following the refusal
of the application, the applicant submitted a number of letters outlining their
situation. In brief the applicant has
advised that:
This motel has been trading in this site
successfully for 40 years albeit without the sign now sought.
There have however been changes brought about
by the Lane Cove Tunnel Project largely obscuring the view of our existing sign
to passing traffic on the Pacific
Highway.
Refer to AT1 for the supporting documents.
REFERRALS:
Roads and Traffic
Authority
The Section 82A Review
application was referred to the Roads and Traffic Authority. The Roads and Traffic Authority has advised
that they will not concur to the proposed sign and state that the installation
of this sign has the potential to cause a significant distraction from relevant
cues for motorists and would be a road safety hazard.
Refer to AT3 and AT4 for the Roads and Traffic
Authority’s responses of 14 August 2007 and 23 October 2007.
RESPONSE TO NOTIFICATION (Section 79C(1)(d))
The
Section 82A Review application was notified in accordance with Council’s
notification policy. An objection from
the Osborne Park Progress Association was received. The issues raised in the submission can be
summarised as follows.
· The proposed signage does
not comply with Council’s guidelines and RTA’s requirements
· The Section 82A Review
application has not addressed any of Council’s reasons for rejecting the
development application.
· A sign in an alternate
location may be preferable.
CONCLUSION
The
application is submitted to Council for consideration and review in accordance
with Section 82A of the Environmental Planning and Assessment Act 1979.
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RECOMMENDATION
Pursuant to the
provisions of Section 82A of the Environmental Planning and Assessment Act
1979, the determination of Development Application 191/2007 for erection of a
free standing pole sign on the road reserve at the corner of the Pacific Highway
and Gatacre Avenue,
Lane Cove is submitted to Council for review and determination.
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Michael Mason
Executive Manager
Environmental Services Division
ATTACHMENTS:
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AT‑1 View
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Applicant's supporting
documentation
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10 Pages
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AT‑2 View
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Delegated Authority report
No.350 for 1 Gatacre Avenue
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5 Pages
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AT‑3 View
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Roads and Traffic
Authority response of 14 August 2007
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1 Page
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AT‑4 View
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Roads and Traffic
Authority response 23 October 2007
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1 Page
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