Lane Cove Council

 

 

 

Ordinary Council

 

MINUTES

 

DATE OF MEETING:
3 December 2007
LOCATION:
Council Chambers
TIME:
6:46PM

All minutes are subject to confirmation at a subsequent meeting and may be amended by resolution at that meeting.

 

Lane Cove Council business papers and minutes are available on Council’s website www.lanecove.nsw.gov.au

 


PRESENT:

 

Councillor I. Longbottom, (Chair), Councillor W. Gaffney,  Councillor R. D’Amico, Councillor K. Freedman, Councillor J. Hassarati, Councillor T. Lawson, Councillor F.Teirney and Councillor R. Tudge.

 

ALSO PRESENT:

 

General Manager,  Executive Manager - Environmental Services,  Executive Manager – Open Space & Urban Services, Executive Manager - Human Services, Executive Manager – Corporate Services, Manager Development Assessment Unit and Chief Executive Secretary.

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Rev. Jerry Ducan of Lane Cove Uniting Church.

 

Confidential Items

 

Pursuant to section 10A(4), the public were invited to make representations to the council meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed to consider:

 

Human Services Division Report No. 28

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.

 

 

No members of the public made representations.

 

Procedural MOTION

325

RESOLVED on the motion of Councillors Gaffney and Teirney that Council:

                    

1.       Resolve into Closed Council to consider business identified, together with any late reports tabled at the meeting.

           

2.       Pursuant to section 10A(1)-(3) of the Local Government Act 1993, the media and public be excluded from the meeting on the basis that the business to be considered is classified confidential under the provisions of section 10A(2) as outlined above.

           

3.       The correspondence and reports relevant to the subject business be withheld from access to the media and public as required by section 11(2) of the Local Government Act 1993.

 

The Mayor declared the motion carried unanimously.

 

Council moved into Closed Committee of the Whole. There were no members of the public and media present.

 

Closed Committee of the Whole commenced.

 

Human Services Division Report No. 28

SUBJECT: Tender for the Rebuilding of the Girl Guides Hall

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That:-

 

1.         The recommended tender for the rebuilding of the Girl Guides Hall be accepted and the General Manager be authorised to enter into a contract with the preferred tenderer.

 

2.         Council agrees to the additional space requirement requested by the Girl Guides and that the        additional area be at their cost with the Girl Guides be given 1 year to pay.

 

3.         Where practicable, rain water tanks be included in all Council buildings.

 

The motion was carried unanimously.

 

PROCEDURAL MOTION

326

RESOLVED on the motion of Councillors Smith and Gaffney that Council move out of Closed Council and into open Council.

 

The Mayor declared the motion carried unanimously.

 

DECLARATIONS OF INTEREST:

 

Councillor Teirney declared a non-pecuniary interest in Executive Manager Environmental Services Report No. 49  – 1 Nundah Street Lane Cove, as she is a friend of the applicant.

 

Confidential Items

 

The following resolutions of Council while the meeting was closed to the public were read to the meeting by the General Manager, prior to being adopted:

 

Human Services Division Report No. 28

SUBJECT: Tender for the Rebuilding of the Girl Guides Hall

327

RESOLVED on the motion of Councillors Tudge and Gaffney that :-

 

1.         The preferred tender for the rebuilding of the Girl Guides Hall be accepted and the General Manager be authorised to enter into a contract with the preferred tenderer.

 

2.         Council agrees to the additional space requirement requested by the Girl Guides and that the additional area be at their cost with the Girl Guides be given 1 year to pay.

 

3.         Where practicable, rain water tanks be included in all Council buildings.

 

The motion was carried unanimously.

 

SUSPENSION OF STANDING ORDERS

328

RESOLVED on the motion of Councillors Teirney and Smith that Standing Orders be suspended and that members of the public who wish to address Council be allowed to do so for a maximum of three minutes.

 

The Mayor declared the motion carried unanimously.

 

The following people addressed Council:-

 

Mr Colin McNaught applicant, regarding development application for 1 Nundah Street, Lane Cove.

 

Mr Jim Berry 80A Northwood Road Northwood regarding development application for 16 Private Road, Northwood.

 

Mr Rob Loneragan 12 Private Road Northwood regarding development application for 16 Private Road, Northwood.

 

Mr Richard Shore 80 Northwood Road, Northwood regarding development application for 16 Private Road, Northwood.

Councillor Smith vacated the chamber at 7:24pm.

 

Mr Mark Davies 78 Northwood Road Northwood regarding development application for 16 Private Road, Northwood.

 

Councillor Smith rejoined the meeting at 7:26pm.

 

Mr Brian Larking 74A Northwood Road Northwood regarding development application for 16 Private Road, Northwood.

 

Mr Keith Bashford 13 Private Road Northwood regarding development application for 16 Private Road, Northwood.

 

Mr Kerry Nash Town Planner representing applicant for 16 Private Road Northwood regarding development application for 16 Private Road, Northwood.

 

Mr Doug Stuart Lane Cove Bushland and Conservation Society and RASAD regarding Environmental Services Division Report No. 510 Woolworths Market Square Development.

 

Resumption of Standing Orders

329

RESOLVED on the motion of Councillors Smith and Teirney that Standing Orders be resumed.

 

The Mayor declared the motion carried unanimously.

 

Procedural

330

RESOLVED on the motion of Councillors Longbottom and Gaffney that the following reports be brought forward and dealt with at this time:

 

Environmental Services Division Report No. 49 – 1 Nundah Street Lane Cove.

Environmental Services Division Report No. 48 – 16 Private Road Northwood.

Environmental Services Division Report 510 – 24-28 Lane Cove Plaza, Lane Cove.

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 49

SUBJECT: 1 nundah street, lane cove

Councillor Teirney vacated the chamber and took no part in discussion or voting

 

 

MOTION

 

A motion was moved by Councillors Gaffney and Hassarati that:

 

Pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act 1979, as amended, the development consent 2006/203 granted a deferred commencement consent on 29 January 2007 for the demolition of the existing dwelling house and the erection of a two storey dwelling house with an attached single garage and boundary fencing on Lot 31, DP 10302 and known as 1 Nundah Street, Lane Cove be approved subject to deletion of part A (a) of the deferred consent conditions.

 

 

The Mayor declared the motion carried unanimously.

 

Foreshadowed Motion

 

A Foreshadowed Motion was moved by Councillors D'Amico and Smith that the applicant submit a plan which includes an additional vehicle crossing and a carport in front of the garage thus providing access from Nundah Street and eliminating any need for access via Council land.

 

Procedural MOTION

331

RESOLVED on the motion of Councillors Longbottom and Smith that Councillor Freedman be granted an extension of time to speak against the motion.

 

The Mayor declared the motion carried unanimously.

 

Foreshadowed Motion TWO

       

A Foreshadowed Motion was moved by Councillors Longbottom and Lawson that :-

 

1.                  The matter lay on table for two weeks.

 

2.         The General Manager submit a report to the Council meeting with appropriate draft conditions to provide, access to the rear of the property, such conditions to include appropriate public indemnity, necessary signage to indicate public ownership and any necessary controls.

 

 

 

Upon being put to the meeting the motion was declared lost 0 - 8.

 

The First Foreshadowed Motion became the Motion and upon being put to the Meeting, the voting was declared equal.

 

For the motion were Councillors D'Amico, Freedman, Smith and Tudge (Total 4).

Against the motion were Councillors Gaffney, Hassarati, Lawson and Longbottom (Total 4).

Absent: Councillor Teirney.

 

The Mayor exercised a casting vote against the motion and the motion was declared lost.

 

The 2nd Foreshadowed Motion became the Motion.

 

Upon being put to the Meeting, the voting was declared equal.

 

For the motion were Councillors Gaffney, Hassarati, Lawson and Longbottom (Total 4).

Against the motion were Councillors D'Amico, Freedman, Smith and Tudge (Total 4).

Absent: Councillor Teirney.

 

332    The Mayor exercised a casting vote for the motion and declared the motion carried.

 

Councillor Teirney rejoined the meeting.

 

ADJOURNMENT

 

The Mayor adjourned the meeting at 8:29pm.

 

The Mayor opened the Services and Resources Committee Meeting at 8:29pm and adjourned it.

 

RESUMPTION

 

The meeting resumed at 8:30pm.

 

Environmental Services Division Report No. 48

SUBJECT: 16 Private Road, Northwood

333

RESOLVED on the motion of Councillors Smith and Lawson that  the matter lay on the table until next Council meeting to allow participants in the previous mediation session to meet with Council staff then respond to the amended proposal and a further report be submitted which:-

a.              outlines any submissions received;

b.             provides a coy of amended plans; and

c.              Executive Manager to articulate reasons why the 15 reasons for refusal no longer apply.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 510

SUBJECT: 24-28 Lane Cove Plaza, Lane Cove

334

RESOLVED on the motion of Councillors Hassarati and D'Amico that:

 

A.      That Development Application 246/04D which seeks, pursuant to Section 96 of the Environmental Planning and Assessment Act, to modify various conditions within Development Consent 246/04 dated 22 December 2004 (and subsequently regranted 4 August 2006) be approved as follows:

 

1.      That Condition 3 be modified by inserting the following text and table immediately before the third last paragraph:

 

         The approved plans are further modified by the amendments described on the following plans, prepared by BN Architectural Group, approved with Development Application 246/04D: 

        

Drawing No

Title

Date

Issue

A 130

Car Park Level 1

17 August 2007

Rev F

A 131

Car Park Level 2

17 August 2007

Rev F

A 132

Car Park Level 3

17 August 2007

Rev G

A 107

Supermarket Level 4

17 August 2007

Rev H

A 108

Library Level 5

17 August 2007

Rev R

A 109

Residential Level 1

17 August 2007

Rev N

A 110

Residential Level 2

17 August 2007

Rev K

A 111

Roof plan

17 August 2007

Rev K

A 301

Section No. 1

17 August 2007

Rev G

A 302

Section No. 2

17 August 2007

Rev J

A 303

Section No. 3

17 August 2007

Rev J

A 304

Section No. 4

17 August 2007

Rev K

A 308

Section No. 8

17 August 2007

Rev J

A 450

External Elevations

Austin St/Link Road

17 August 2007

Rev F

A 451

External Elevations

Plaza/Council Lane/Library Walk/Residential East

27 July 2007

Rev F

 

         To satisfy the requirements of AS 2890.1-2004 the 4 dedicated staff parking spaces shall be located in parking spaces 99-102 on Car Park Level 3. Parking spaces 16-19 on Car Park Level 1 shall become public spaces.

 

         The substation shown on drawing A131, Revision F, is also approved with Development Application 246/04D.

 

2.      That Condition 11 be modified to read:

 

         11.    Separate development applications must be submitted to Council to fit out and use the retail area and library.

 

3.      That Condition 42 be modified to read:

 

         42.    Noise from demolition works must be managed to an LAeq level, measured over            a period of not less than 15 minutes, not exceeding the background LA90 noise               level by:

 

a)   more than 20dB(A) when measured at the boundary of the worst affected premises in the vicinity, for demolition periods of 4 weeks or less;

 

b)   more than 10dB(a) when measured at the boundary of the worst affected premises  in the vicinity, for demolition periods greater than 4 weeks.

 

4.      That Condition 56 be amended to read:

 

56.    Prior to the commencement of works on site:

 

A.     An appropriately qualified conservation architect shall be employed to:

 

                         1. Undertake an inspection of the Library prior to demolition of the Library      extension.

         2.  Review and comment on the building contractor’s Library extension      demolition method statement.

         3.  Undertake an inspection of the Library during the demolition of the     Library extension.

         4.  Undertake an inspection of the Library during the adjacent piling works.

         5.  Undertake 3 inspections of the Library during the above ground adjacent      construction works.

         6.  Undertake an inspection of the Library on completion of the adjacent      structure.

         7.  After each inspection, a written report is to be provided by the       conservation architect. 

 

B.      Archival Recording

 

                  Provide two (2) copies of a bound archival report which includes:

 

1. The original GBA Heritage Impact Statement, provided as part of the DA.

2. A location plan, which shows the relationship to surrounding    geographical features, structures, roads, vegetation etc. A North point is to   be provided.

3. Base plans which cross-references to photographs, names relevant     features, structures and spaces. A North point is to be provided.

4.  Digital photographs, prepared in accordance with relevant guidelines from the NSW Heritage Office, and which comprise at a minimum the images and views noted elsewhere in this condition. These photos are to be stored on CD Rom, and each picture is also to be printed in colour and included in the archival report, using archivally stable images.

5. Views of the general area, which show the relationship of the building to       the surrounding area. (i.e. 4 pictures)

6. Views to and from each of the 4 sides of the building (i.e. 8 pictures).

7. Views of the internal spaces of the building (i.e. 8 pictures)

         8.  Views of external and internal details (i.e. 8 pictures)

         9.  A schedule, and A3 paper copy, of the original Library extension design      drawings, stored by Lane Cove Council.

 

5.      That the final paragraph of condition 90 be amended to read:

 

         Prior to the issue of a Final Occupation Certificate the Principal Certifying                             Authority shall be provided with written confirmation from a suitably qualified                        person, demonstrating that the requirements of this condition have been satisfied

        

6.      That condition 120 be amended to read:

 

120.  Excavation. The proposed development will result in substantial excavation that has the potential to affect the foundations of adjoining properties.

 

The applicant shall:-

 

i.    seek independent advice from a Geotechnical Engineer on the impact of the proposed excavations on the adjoining properties

ii.    detail what measures are to be taken to protect those properties from undermining during construction

iii.   provide Council with a certificate from a Structural Engineer on the necessity and adequacy of support for the adjoining properties.

 

         The above matters are to be completed prior to the issue of a construction certificate.

 

         All recommendations of the Geotechnical Engineer are to be carried out during the course of the excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

 

7.      That condition 123 be amended to read:

 

123.  Compliance Certificate: A Compliance Certificate, issued by a suitably accredited person, must be obtained confirming that the constructed erosion and sediment control measures comply with the construction plan and Lane Cove Council’s standards and specifications for stormwater drainage.

 

8.      That condition 156 be amended to read:

 

         156.  To improve the safety and operation of the New School Drop-Off Lane (NSDL) the following measures shall be implemented:

 

a)    A pedestrian deterrent shall be provided between the roundabout and the    NSDL. A pedestrian fence, to satisfy the Roads and Traffic Authority standards shall be provided along the median island.

b)    “P5 minute” time restriction signs shall be installed within the NSDL.

c)    “One Way” signs shall be used at the NSDL exit in addition to signs already shown.

d)    Pedestrian advance warning signs shall be placed between the wombat crossing and Longueville Road.

e)    “No Parking” signs shall be provided at the driveways within the NSDL to allow stopping but not parking.

f)     The first parking space marked to the east of the wombat crossing shall be deleted.

g)    The guard rail detail shall include an appropriate end terminal treatment that satisfies the Roads and Traffic Authority requirements.

h)    A minimum of 20m “No Stopping” zones shall be provided either side of the Austin Street wombat crossing.

 

These changes shall be detailed on the plans approved with the Construction Certificate.

 

9.      That condition 178 be amended to read:

 

         178.  The applicant is to provide a report form a  practicing civil engineer indicating that the “as built” NSDL structure has structural integrity, to be stable for the expected life of the project.

 

                  This document must be submitted to the Council prior to the issue of any          Occupation Certificate, or prior to the completion of the project.

 

                  In this case the structure/works to be certified are the entire road and NSDL.

 

                  The above document must be submitted to Council prior to any of the           following:

                  (a) issue of any Occupation Certificate or (b) use of the development.

 

10.    That condition 184 be amended to read:

 

         184.  (a)     The use of mechanical rock pick machines on building sites is prohibited                          due to the potential for damage to adjoining properties.

                  (b)      Notwithstanding the prohibition under condition (a), consideration will                              be given to the use of rock pick machines and may be approved by                                 Council subject to:           

 

(1)     A Structural/geotechnical Engineer’s Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties.

(2)     The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.

(3)     With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING. Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval.

(4)     The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedures laid down.

 

                  COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

11.    That new condition 185 be added to the determination notice:

 

         185.  Notwithstanding any other condition of this approval, construction certificates and occupation certificates may be issued for separate stages or components of the approved development, provided that the Principal Certifying Authority is satisfied that all conditions of consent relevant to each stage have been complied with prior to the release of the construction certificate or occupation certificate for that stage. 

 

12.     That a new condition 186 be added to the determination notice:

 

          186.   Prior to the issue of the Construction Certificate, the applicant is to submit details demonstrating that the loading docks have been tested for sweep paths and such comply with all relevant standards.  This is also to include turning movements showing the accessibility of the loading dock when one space is already occupied.

 

C.      The issue of maximising landscaping adjacent to the fire Hydrant be drawn to the           applicants attention.

 

 

 

 

Foreshadowed Motion

 

A Foreshadowed Motion was moved by Councillors Tudge and Freedman that Section 96 Application be refused.

 

335    Upon being put to the Meeting, the motion was declared carried.

 

For the motion were Councillors Longbottom, D'Amico, Gaffney, Hassarati, Lawson and Smith (Total 6).

Against the motion  were Councillors Freedman, Teirney and Tudge (Total 3).

 

The Foreshadowed Motion lapsed.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 19 NOVEMBER 2007

336

RESOLVED on the motion of Councillors Smith and Teirney that the minutes of the Ordinary Council meeting held on the 19 November 2007 be received.

 

The Mayor declared the motion carried unanimously.

 

337

RESOLVED on the motion of Councillors Gaffney and Smith that the minutes of the Ordinary Council meeting held on the 19 November 2007 be confirmed with the following correction to the resolution on page 8 - Open Space and Urban Services Division Report No. 38 – Traffic and Parking Master Plan for Lane Cove Town Centre:-

 

part 1 be corrected to read:-

 

1.   This matter be deferred for consideration at the 2nd meeting in February 2008;

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 59

SUBJECT: Policy on Payment of Expenses and Provision of Facilities to Councillors

338

RESOLVED on the motion  of Councillors Teirney and D'Amico that Council:-

 

1.   Adopt the current policy on the Payment of Expenses and Provision of Facilities to Councillors, dated 28 November 2006, as shown attached as AT1.

 

2.   Send a copy of the Policy on Payment of Expenses and Provision of Facilities to Councillors to the Department of Local Government.

   

The Mayor declared the motion carried unanimously.

 

 

 

Corporate Services Division Report No. 60

SUBJECT: Metro Pool Achievements 2006 - 2007

339

RESOLVED on the motion of Councillors Smith and D'Amico that the report be received and noted.

 

 

The Mayor declared the motion carried unanimously.

 

Suspension of Standing Orders

340

RESOLVED on the motion of Councillors Longbottom and Gaffney that Standing Orders be suspended to allow a demonstration of Council’s On-Line issue of certificates.

 

The Mayor declared the motion carried unanimously.

 

Mr Wrightson gave demonstration.

 

Resumption of Standing Orders

341

RESOLVED on the motion of Councillors Gaffney and Smith that Standing Orders be resumed.

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 61

SUBJECT: On-line Certificates Project

342

RESOLVED on the motion of Councillors Teirney and Smith that the report be received and noted.

 

 

The Mayor declared the motion carried unanimously.

 

Human Services Division Reports

 

Human Services Division Report No. 27

SUBJECT: Community Partnership with  NSW Cancer Council

343

RESOLVED on the motion of Councillors Smith and D'Amico that:-

 

1.    Council affirms its commitment to reducing the impact of cancer in the local community by entering into a formal Community Partnership with the Cancer Council of NSW.

 

2.    That the General Manager nominate appropriate staff to be the Relationship Managers and if appropriate Councillor Smith be nominated.

 

 

The Mayor declared the motion carried unanimously.

  

MAYORAL MINUTES

 

Mayoral Minute No. 6

SUBJECT: Legal Action - 24E Upper Cliff Road, Northwood

344

RESOLVED on the motion of Councillors Longbottom and Smith that:-

 

1.      Council’s legal representative meet with the lawyers of the owner of 24E Upper Cliff           Road to discuss the possible alternatives which would avoid further legal action, such   discussion shall not compromise Council’s ongoing discussions with its advisors re ongoing legal proceedings;  and

 

2.       A further report be submitted to the Council Meeting on 17 December 2007.

 

 

Upon being put to the Meeting, the motion was declared carried.

 

For the motion were Councillors D'Amico, Gaffney, Hassarati, Longbottom and Smith (Total 5).

Against the motion were Councillors Freedman, Lawson, Teirney and Tudge (Total 4).

 

Environmental Services Division Report No. 50

SUBJECT: Inspection Committee Minutes

345

RESOLVED on the motion of Councillors Smith and Gaffney that it be noted the Inspection Committee took place without a quorum, and the Inspection Committee Minutes be received and noted

 

 

The Mayor declared the motion carried unanimously.

 

ORDERS OF THE DAY

 

Councillor Freedman raised following matters under Orders of the Day:-

 

ORDERS OF THE DAY

SUBJECT:  PUBLIC TOILETS

As the public toilets in Library Lane will be closed during construction of Lane Cove Market Square, Council will need to provide an alternate toilet facility.   The Mayor requested the General Manager to investigate the availability of public toilets administratively.

 

ORDERS OF THE DAY

SUBJECT:  OCCASIONAL CHILD CARE CENTRE

Dixie Walters is leaving after many years of dedicated service to the Centre.  

 

ORDERS OF THE DAY

SUBJECT:  APOLOGY

Councillor Freedman gave an apology and requested leave of Absence from the Council Meeting 17 December 2007.

 

Procedural MOTION

346

RESOLVED on the motion of Councillors Longbottom and Smith that Councillor Freedman be granted leave of absence for the meeting of 17 December 2007.

 

The Mayor declared the motion carried unanimously.

 

 

 

 

 

CLOSE

 

The meeting closed at 9:40pm.

 

Confirmed at the Ordinary Council Meeting of 17 December 2007, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

********* END OF MINUTES *********

 

MEETING FILE REF:  Document2