Lane Cove Council

 

 

 

 

 

Planning and Building Committee

 

 

 

AGENDA

 

 

 

DATE OF MEETING:          19 November 2007

 

LOCATION:                          Council Chambers

 

TIME:                                    8:00PM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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. 


PLANNING AND BUILDING COMMITTEE

 

19 NOVEMBER 2007

 

 

 

ITEM                                                  REPORT CONTENT                                                PAGE

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

CLOSED COMMITTEE ITEMS

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING COMMITTEE MEETING - 5 NOVEMBER 2007

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 490

SUBJECT: 1 Gatacre Avenue, Lane Cove

 

3.       Environmental Services Division Report No. 43

SUBJECT: Delegated Authority Report - October 2007

  

 

ITEMS TABLED

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

 

               


PLANNING AND BUILDING COMMITTEE

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 490

 

19 NOVEMBER 2007

 

 

 

 

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

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Erection of a free standing business sign on the road reserve at the north-western corner of Pacific Highway and Gatacre Avenue, Lane Cove

ZONE

3(b) – Business General

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 10b

STOP THE CLOCK USED

No

NOTIFICATION

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

 

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. 

 

 

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. 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Applicant's supporting documentation

10 Pages

 

AT‑2 View

Delegated Authority report No.350 for 1 Gatacre Avenue

5 Pages

 

AT‑3 View

Roads and Traffic Authority response of 14 August 2007

1 Page

 

AT‑4 View

Roads and Traffic Authority response 23 October 2007

1 Page

 

 

 


PLANNING AND BUILDING COMMITTEE

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 43

 

19 NOVEMBER 2007

 

 

 

 

Planning and Building Committee at the Meeting 19 November 2007

13 November 2007 to Planning and Building Committee

Environmental Services Division Report No. 43

Subject:           Delegated Authority Report - October 2007    

Record No:     SU1863 - 34527/07

Author(s):       Michael Mason 

 

 

During the month of October 2007 a total of 47 Development Applications were determined under delegation by staff and 1 by Council.  In addition 14 Construction Certificates and 20 Privately Certified Construction Certificates were issued.  There were 4 Privately Certified Complying Developments approved and 1 by Council.

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

List of applications determined for October 2007

7 Pages

 

 

       

 


PLANNING AND BUILDING COMMITTEE

 

19 NOVEMBER 2007

 

 

 

 

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