Lane Cove Council

 

 

 

Ordinary Council

 

MINUTES

 

DATE OF MEETING:
17 December 2007
LOCATION:
Council Chambers
TIME:
6:43PM

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 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, Director, Major Projects, Manager Development Assessment Unit and Chief Executive Secretary.

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Rev. Jane Fry, Chatswood South Uniting Church.

 

APOLOGIES

                                                                           

It was noted that Council had resolved to grant Councillor K. Freedman leave of absence for tonight’s meeting at the last meeting of Council.

 

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:

 

Confidential Items

 

General Managers Report No. 34

SUBJECT: Proposed Partial Road Closure and Sale - Nield Ave

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; 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 that the report discusses commercial negotiations concerning the sale of part of Neild Avenue.

 

Environmental Services Division Report No. 56

SUBJECT: Discussions with Legal Representatives on 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 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.

 

Human Services Division Report No. 31

SUBJECT: Tender for the Reinstatement of the Rowing Shed Tambourine Bay

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 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.  Tenders havve 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

347

RESOLVED on the motion of Councillors Smith and Teirney that:

                    

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. The public and media left the chamber.

 

Closed Committee of the Whole commenced.

 

Confidential Items

 

General Managers Report No. 34

SUBJECT: Proposed Partial Road Closure and Sale - Nield Ave

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

1.       Council, pursuant to Section 37 2 (b) of the Roads Act, consents to the closure of the lower part of Nield Ave and the public pathway between Nield Ave and Morven Gardens, being a total land area of 979 m2 as shown in Attachment 2;

2.       Murlan P/L be advised that Council has agreed to the sale of the lower part of Nield Ave and the public pathway between Nield Ave and Morven Gardens, as recommended in Closed committee of Council subject to formal closure of part of the road being completed and those conditions and authorisations as recommended in Closed Committee.

 

 

The Mayor adjourned Closed Committee of the Whole at 7:09PM.

 

PROCEDURAL MOTION

348

RESOLVED on the motion of Councillors D'Amico and Smith 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 Pecuniary Interest in General Manager’s Report No. 35 – Interim Report – Proposed Development Controls for Part of 314 Burns Bay Road Lane Cove as she lives close to the site.

 

Councillor Teirney also declared declared a Pecuniary Interest in Executive Manager Environmental Services Report No. 53  – 1 Nundah Street Lane Cove, as she is a friend of the applicant.  

 

Councillor Lawson stated he believed he had no pecuniary interest in Notice of Recission No. 1 – 24E Upper Cliff Road  Northwood, taking into account that his wife workes as a bush regenerator he did not believe this has any bearing on his interest.

 

SUSPENSION OF STANDING ORDERS

349

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 Martin Davies – 78 Northwood Road regarding Development Application for 16 Private Road, Northwood.

Mr Brian Larkin – 74A Northwood Road regarding Development Application for 16 Private Road, Northwood.

Ms Di Shore – 80 Northwood Road regarding Development Application for 16 Private Road, Northwood.

Mr Jim Berry – 80A Northwood Road regarding Development Application for 16 Private Road, Northwood.

Mr Staunton – Barrister for Mr Jim Berry of 80A Northwood Road regarding Development Application for 16 Private Road, Northwood.

Mr Richard Shore – 80 Northwood Road regarding Development Application for 16 Private Road, Northwood.

Mr Loneragan 12 Private Road regarding Development Application for 16 Private Road, Northwood.

Ms Pam Palmer requested additional Order of Business and hard copies of Draft LEP be available on request and requesting informative recommendations on Neild Avenue, and changed use for 24-28 Plaza, Lane Cove and DCP for bushland.

Mr Doug Stuart regarding Little Lane Carpark proposal and 314 Burns Bay Road, Lane Cove.

Ms Helen Jones, 15 Bellevue Avenue regarding proposal for partial closure and sale of Neild Avenue.

Mr Curly regarding 24E Upper Cliff Road, Northwood.

Mr Colin Kench Upper Cliff road regarding Development Application for 24E Upper Cliff Road Northwood.

 

Resumption of Standing Orders

350

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

 

The Mayor declared the motion carried unanimously.

 

OPENING OF COMMITTEES:

 

The Mayor opened the Planning and Building Committee and the Services and Resources Committee Meetings at 8.15pm and adjourned them.

 

Suspension of Standing Orders

351

RESOLVED on the motion of Councillors Longbottom and Smith that Standing Orders be suspended and that further 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 Carr, 24E Upper Cliff Road regarding Development Application for 24E Upper Cliff Road, Northwood.

Mrs Frances Vissel 14 Frazer Street, Lane Cove regarding 24E Upper Cliff Road, Northwood with respect to bushland buffer zone and Little Street Carpark proposals.

Mr Russ Webber 16 Private Road, Northwood regarding Development Application 16 Private Road, Northwood.

Mr Stephen Klinger 14 Kenneth Street, Tamaramma solicitor for the applicant of 16 Private Road, Northwood.

 

Resumption of Standing Orders

352

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

 

The Mayor declared the motion carried unanimously.

 

Procedural Motion

353

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

 

Environmental Services Report No. 53 – 1 Nundah Street Lane Cove;

Environmental Services Report No  54 – 16 Private Road Northwood;

Environmental Services Report No 548 – 24-28 Lane Cove Plaza Lane Cove; and

Notice of Recission No. 1 – 24E Upper Cliff Road Northwood be deferred until later in the meeting.

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 53

SUBJECT: 1 NUNDAh STREET, Northwood

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

 

 

MOTION

 

A motion was moved by Councillors Longbottom and Gaffney that:

 

  1. Part A (a) of the deferred commencement consent be deleted.
  2. A new Part A (a) be inserted requiring the applicant to execute the Deed of Agreement as contained in Attachment 1.
  3. Part A (b) be deleted and condition 1 of the Development Consent be amended to delete reference to fence plans DA1300 and the following plan number inserted: 

Job 706734 –H/000285 Sheet 2/19 Con3, and Sheets 1 and 2 amended 18.06.07.

  1. An additional condition be inserted into the development consent as follows:

74.       The use of the access through the park is subject to the applicant and Council entering into a Deed of Agreement.  This Deed will require renewal  on a tri-yearly basis.

  1. Council’s General Manager be requested to include in the upcoming financial year provision for directional signage to direct the public to the park.

 

Foreshadowed Motion

 

A Foreshadowed Motion was moved by Councillors D'Amico and Smith the S82 Application be refused as Council does not want to provide private access via public land.

 

The Motion was put to the meeting and declared lost.

 

For the Motion were Councillors Gaffney, Lawson and Longbottom (Total 3).

Against the Motion were Councillors D'Amico, Hassarati, Smith, Teirney and Tudge (Total 5).

Absent: Councillor Teirney.

 

354      The Foreshadowed Motion became the Motion and upon being put to the Meeting, the motion was declared carried.

 

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

Against the Motion were Councillors Gaffney, Lawson and Longbottom (Total 3).

Absent: Councillor Teirney

 

Councillor Teirney rejoined the meeting.

 

Environmental Services Division Report No. 54

SUBJECT: 16 Private Road, Northwood

 

MOTION

 

1.             A motion was moved by Councillors  Longbottom and Gaffney that the application be approved.

 

 

Suspension of Standing Orders

355

RESOLVED on the motion of Councillors Gaffney and Smith that Standing Orders be suspended to permit members of the gallery to address Council regarding 16 Private Road, Northwood.

 

The Mayor declared the motion carried unanimously.

 

The following people addressed Council:-

 

Mr Loneragan, Private Road Northwood,

Mr Klinger, solicitor for the applicant.

 

Resumption of Standing Orders

356

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

 

The Mayor declared the motion carried unanimously.

 

The motion in the names of Councillors Longbottom and Gaffney was withdrawn.

 

357

RESOLVED on the motion of Councillors  Longbottom and Gaffney that the matter be deferred until the 1st meeting in February 2008 and that the discussions be held with the applicant regarding the following amendments to the design:-

 

  1. The Roof Top Viewing Terrace be eliminated from the application design;
  2. The minimum standard of solar access should be maintained as it relates to the property at 80A Northwood Road.   In determining the minimum standard, the solar access as it relates to 80A Northwood road’s north facing windows and the key outdoor living area (comprising the courtyard/patio) should be based upon the criteria set out in Parsonage v Ku-ring-gai Council, a judgement which defined precisely what one would expect as reasonable solar access;
  3. The overall finished roof height of the building be lowered by 500mm.

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 548

SUBJECT: 24-28 Lane Cove Plaza, Lane Cove

 

MOTION

 

A motion was moved by Councillors Longbottom and Smith that pursuant o Section 80(1)(a) of the Environmental Planning and Assessment Act 1979, as amended , the Council grants development consent to Development Application 07/272 for the construction of a two storey addition for the purposes of a club (gymnasium) in the place of two levels of CBD housing within the Lane Cove market Square complex on land known as 24-28 Lane Cove Plaza, Lane Cove subject to the following conditions:

 

1.         The proposal is to be completed strictly in accordance with the following drawings and supporting information received with the application, except as otherwise amended by this Notice:

           

            Architectural Plans prepared by BN Group Pty Ltd:-

 

Drawing No.

Title

Date

Revision

GA 108

Library/Plaza level

22.8.2007

B

GA 109

Gym level 1

24.8.2007

B

GA 110

Gym level 2

10.12.2007

C

GA 111

Roof plan

24.8.2007

A

GA 302

Section No. 2

10.12.2007

C

GA 401

Plaza Montage

September 2007

-

GA 451

Elevations

24.8.2007

A

GA 010

Site Plan

27.8.07

A

 

            The approved plans are modified by the amendments shown the following drawing prepared by BN Group Pty Ltd:-

 

Drawing No.

Title

Date

Revision

GSK-01

Link Rd/Western elevation

-

-

 

2.         The approved plans are to be further amended so that  the doors to the terrace from the gym are self closing.

 

            Verification of compliance with this condition is to be provided prior to the release of the Construction Certificate.

 

3.         This consent shall only operate concurrently with, and subject to completion of, Development Application 246/04.

 

4.         This consent does not authorise the erection of any signage on the building.  A separate development application is to be submitted for the erection of signage on the building.

 

5.         The development shall be completed in accordance with a schedule of external materials, colours and finishes approved by Lane Cove Council prior to the issue of any Construction Certificate. The external finishes shall be complementary to the Lane Cove Market Square complex.

 

6.         A separate development application shall be lodged for the occupation and fitout of the subject building. That application shall be accompanied by the following details: 

 

(a)        Details sufficient to satisfy Council that the proposed use would operate in a manner to fulfil the definition of ‘club’ under Local Environmental Plan 1987.

(b)        An acoustic report, prepared by a suitably qualified person, addressing all components of the use of the building as a gymnasium, including the use of the northern terrace. The applicant shall demonstrate that all plant, equipment and activities associated with the gymnasium shall not interfere with amenity of adjacent and surrounding private residences and public places, including Lane Cove Plaza.

(c)             All signage proposed with use of the building.

(d)        Balustrading to the front and rear terraces as necessary to prevent overlooking of any adjacent areas of private open space.

(e)        The use of the gymnasium is not to exceed 6am – 10pm Monday to Sunday.

(f)         No amplified music is to be provided to the outdoor terrace.

(g)        No classes are to be conducted on the outdoor terrace.

 

7.         A copy of the Graham Brooks and Associates Statement of Heritage Impacts report, dated 22 October 2007, shall be lodged with the Local Studies section of Lane Cove Library prior to the issue of any Occupation Certificate for this building.

 

8.         Compliance with s of the Morris-Goding Accessibility Review report, dated 21 August 2007, and all relevant standards shall be demonstrated on the plans lodged for approval with the Construction Certificate.

 

            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.

 

9.         THE PAYMENT OF A CONTRIBUTION OF $173,370.78 TOWARDS THE COST OF TRAFFIC MANAGEMENT AND STREETSCAPE IMPROVEMENTS. THE CONTRIBUTION IS TO BE MADE PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE AND TO BE AT THE CURRENT RATE AT THE TIME OF PAYMENT.  THE AMOUNT IS AT THE CURRENT RATE OF $81.72 PER SQUARE METRE.  NOTE:  PAYMENT MUST BE BY BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED. 

 

THIS CONTRIBUTION IS UNDER LANE COVE COUNCIL SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

 

10.       (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)              7.00am to 5.30pm

Saturday                                            7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

 

11.       The development shall be incorporated into, and completed in accordance with, the Pedestrian Management Plan required by Development Consent 246/04.

 

12.       The development shall be incorporated into, and completed in accordance with, the Construction Management Plan required by Development Consent 246/04. This includes all requirements relating to curfew periods for heavy delivery vehicles and demolition and excavation trucks.

 

13.       The development shall be incorporated into, and completed in accordance with, the Construction Traffic Management Plan required by Development Consent 246/04.

 

14.       The development shall be incorporated into, and completed in accordance with, the Car Park Traffic Management Plan required by Development Consent 246/04.

 

15.       Dust suppress techniques are to be employed during works to reduce any potential nuisances to surrounding properties.

 

16.       A Waste Management Plan for the disposal of all waste materials from demolition and construction shall be submitted for approval prior to issuing of the Construction Certificate and commencement of works. Documentation detailing the destination of materials is required prior to the issue of any Construction Certificate. Submission of receipts may be requested upon completion of works.

 

17.       Arrangements for the collection, separation, storage and disposal of wastes shall be incorporated into the arrangements approved with Development Application 246/04.

 

18.       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.

 

19.       Noise monitoring must be carried out by a qualified acoustical consultant if complaints are received during any demolition and construction works, or if directed by Council, and any control measures recommended by the acoustical consultant must be implemented during those works.

 

20.       The development shall be incorporated into, and completed in accordance with, the detailed Construction Noise Management Plan required by Development Consent 246/04.

 

21.       The proposal is to be designed and constructed to comply with the requirements of the Building Code of Australia.

 

22.       The Construction Certificate plans and associated specifications will need to demonstrate compliance with the BCA and the Fire Safety Consultant’s s (memo from Dix Gardner 20 August 2007).  Furthermore, a report from a suitably qualified Fire Safety Consultant will be required to be submitted with the Construction Certificate application, which details how compliance is being achieved.

 

23.       A satisfactory Statement of Compliance must be obtained from the Fire Safety Engineer (Warrington Fire Research) to confirm that the proposed building works have no implications on the previous fire safety engineering undertaken for the development and be submitted to the PCA PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

24.       (24) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

 

25.       The applicant to submit a letter from Energy Australia advising that services are available to the development, prior to issue of any Construction Certificate.

 

26.       In order to achieve an improved level of safety and security for persons using the facility, the

            following works are required:

 

(a)   Access to any undercroft of any stairwell shall be prevented through the installation of security bars, grills or the like.

(b)   Building surfaces are to be made graffiti resistant.

 

         Evidence of compliance with this condition shall be provided to the Principal Certifying Authority prior to the issue of the Final Occupation Certificate.

 

27.       Prior to the issue of any Construction Certificate, an Energy Management Plan shall be approved by Lane Cove Council. The plan shall demonstrate the implementation of the strategies in the Energy Performance Report prepared by Bassett Consulting Engineers, dated 17 August 2007. 

 

            In addition to the matters canvassed in the Bassett report , the Management Plan shall also address opportunities for:

 

(a)           Reuse of rainwater or stormwater.

(b)           The use of solar panels.

(c)           The use of solar hot water systems.

 

Engineering - General Engineering Conditions

 

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

 

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

 

30.       Materials on Roads and Footpaths. Where the applicant requires         the use of council land for placement of building waste skips or storage of materials a application for “Building waste containers or materials in a public place” is to be made. Council land is not to be occupied or used for storage until such application is approved. 

 

31.       Council Drainage Infrastructure. The proposed building shall not encroach onto any existing Council stormwater line or drainage easement. Where necessary any existing Council stormwater line located on the property is to be relocated or adjusted to be clear of the proposed building to the satisfaction of Council’s Urban Services Division.

 

A drainage easement is to be created in Council's favour over the actual location of the stormwater line in accordance with Council’s Urban Services Division and any redundant easements are to be extinguished. All works including registration of the easement are to be completed prior to the issue of a Final Occupation Certificate. All costs associated with the stormwater line and drainage easement are to be borne by the applicant.

 

32.       Accelerated Depreciation to Council’s Road Infrastructure

            In order to cover the accelerated depreciation to Council’s Road Infrastructure the developer is to pay a fee based upon a calculation of the damage caused by trucking operations. During construction the developer shall pay a monthly fee to Council, to cover accelerated depreciation to Council’s road infrastructure. This fee shall be determined from the number of truck movements using the site in association with the rehabilitation and construction works. The fee shall be computed based on the following table:

3 axle single unit $5.59

4 axle single unit $6.96

4 axle or less double unit, 1 unit is truck $8.31

5 axle double unit, 1 unit is truck $9.74

6 or more axle double, 1 unit is truck $11.17

5 axle or less multi unit $17.54

6 axle multi unit $13.90.

 

            These rates (base date 2007-2008) are to be indexed in accordance with CPI. Payment shall be forwarded to Council without the issuing of an invoice, within seven (7) days of completion of each month. This monthly payment shall be based on the above table and details of all calculations shall be forwarded with payment.

 

33.       Recording of Trucking Movements

            Prior to commencement of site works, the developer shall provide Council with the company details of the contractor/s responsible for the transport of material to and from the site. The developer is required to nominate a contact person who will be responsible for all heavy vehicle operations. Relevant telephone numbers, facsimile numbers and e-mail address shall be submitted to Council prior to commencement of works. A weekly reconciliation of trucking movements shall be provided to Council during the period of transporting material. This shall include but not be limited to the number of trucks that have travelled to and from the site each day, and the registration numbers (both truck and dog-trailer registration plates) of these vehicles.

 

34.       Pedestrian Access Maintained. Pedestrian access, including  disabled and pram access,      is to be maintained in accordance with the Pedestrian Management Plan throughout the course of construction as per AS 1742.3, Part 3 - Traffic control devices for works on roads.

 

35.       Street Signs Maintained.  All advisory and regulatory sign posting (for example parking restriction signage, pedestrian crossing signs and warning signs) is to remain in place during construction.

 

36.       Hoardings. The hoarding to be erected must comply with the WorkCover "Code of Practice Overhead Protective Structures" and all work shall be carried out in accordance with AS 2601:1991, The Demolition of Structures.  A Cash Bond/Bank Guarantee, which Council requires for all developments as well as the properly notated insurance, must be in place prior to erection of a hoarding. The hoarding shall be in place prior to the commencement of works on the site.  Other Council hoarding conditions are as follows:

 

                      (a)          Not more than 1800mm of the footway may be enclosed, however if the footway is less than 3.7 metres wide half of the footway may be enclosed.  The unoccupied area of the footpath shall be kept free at all times of all building materials and debris and maintained in a safe and trafficable condition.

                     (b)           Builders must provide adequate protection to concrete footpath and kerb and  gutter. Footpath crossings are required to be 5.0 metres in width and constructed of 100mm x 50mm hardwood, properly secured with chamfered ends to provide a smooth transition to adjacent surfaces.  The whole of the temporary crossing is to be covered with suitable filling material and made safe to pedestrians.  A proper protective timber crossing is to be provided to the kerb and gutter before any building material is deposited on the site.

                     (c)           All hoardings must be lit between the hours of sunset and sunrise.  Lights are to be erected at intervals of not greater than 5.0 metres for the length of the hoarding. The builder shall keep the hoarding presentable to the public for the whole of the time it is erected.  There shall be no catch points or protrusions likely to cause injury or damage to the public from the hoarding.  The hoarding shall be constructed of demountable timber frame sections lined with a smooth face material, and painted with an approved white paint which shall not wash or rub off.

                       (d)         The builder shall secure a $10 million public risk insurance policy in favour of the Council to indemnify Council in the event of any member of the public suffering injury to persons or property by reasons of the presence of the hoarding.

                       (e)         Trees which are affected by the hoarding and are located outside the boundaries of the allotment are not to be cut or removed without the prior approval of the council being obtained.

                      (f)          The hoarding shall be removed immediately at the builder's expense if any of these conditions are not fully complied with.

 

 

37.       Compliance with the engineering conditions relating to drainage, access and construction as pertaining to the upper levels of the development as indicated in DA04/246.

 

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

 

Environmental Health conditions

 

39.       Noise

 

       Acoustic Assessment

Following the detail design stage and prior to the issue of the construction certificate, the applicant shall submit to the satisfaction of Council, a further acoustic report detailing the specific construction materials, finishes and mechanical services to be installed, demonstrating that the environmental noise criteria for the development is satisfied.

 

40.       Noise Level Restrictions – Demolition Works

Noise from demolition works must comply with the following criteria:

a)   For demolition periods of 4 weeks or less the noise level from demolition work must not exceed the background noise level by more than 20dB(A) when measured at the boundary of the worst affected premises in the vicinity.

b)   For demolition periods greater than 4 weeks the noise level from demolition work must not exceed the background noise level by more than 10dB(A) when measured at the boundary of the worst affected premises in the vicinity.

 

41.       Proposed use and Operation of Plant and Equipment

The proposed use of the premises and the operation of all plant, building services, machinery and ancillary fittings (including air conditioning units) shall not give rise to an 'offensive noise' as defined in the Protection of the Environment Operations Act 1997 and Regulations, and the New South Wales EPA Industrial Noise Policy (January 2000).

 

42.       Noise Monitoring

            Noise monitoring must be carried out by a qualified acoustical consultant should noise complaints be received by council and  Council directs, an acoustic survey must be carried out by a suitably qualified acoustical consultant and a report detailing the findings and s of the acoustic survey must be submitted to Council for approval.

 

 

358    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 Lawson, Teirney and Tudge (Total 3).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 3 DECEMBER 2007

359

RESOLVED on the motion of Councillors Smith and Gaffney that the minutes of the Ordinary Council meeting held on the 3 December 2007 be received.

 

The Mayor declared the motion carried unanimously.

 

360

RESOLVED on the motion of Councillors Smith and Gaffney that the minutes of the Ordinary Council meeting held on the 3 December 2007 be confirmed.

 

The Mayor declared the motion carried unanimously.

 

Orders Of The Day

 

Order Of The Day No. 24

SUBJECT: Council and Committee Meeting Dates for 2008

361

RESOLVED on the motion of Councillors Smith and Gaffney that the schedule of Council and Committee Meeting Dates for 2008, attached as AT1 be adopted.

 

 

The Mayor declared the motion carried unanimously.

 

General Managers Reports

 

General Managers Report No. 32

SUBJECT: Draft Planning Controls - Little Lane carpark Redevelopment

 

MOTION

 

A motion was moved by Councillors Hassarati and Smith that Council:-

1.   Endorse the Planning Controls as set out in the attached Planning Report on the Little Lane Carpark prepared by Scape and Scott Carver Pty Ltd;

 

2.   Include the endorsed planning controls by way of background information as a supporting document to the draft Lane Cove Local Environmental Plan 2007 when placed on public exhibition, noting that Appendix D of the report which contains confidential financial information will not be made available;

 

3.   Endorse the principle of including structural parking under Little Lane and Little Street into the project;

 

4.   Adopt the attached probity plan governing all commercial dealings;

 

5.   Authorise the General Manager to appoint an independent external probity auditor;

 

6.   Authorise the General Manager to seek open tenders to prepare documentation suitable for lodgement of a development application that is not inconsistent with the draft Planning Controls prepared by Scott Carver and endorsed by Council and having regard to the following:-

 

(a)        carparking extending under Little Lane to allow for a future lift and pedestrian connection within a future redevelopment of one or more properties along Longueville Road;

(b)        possible carparking extending under Little Street to access the Aquatic Centre;

(c)        retention of as many mature trees as possible along the Little Street frontage;

(d)        Minimum outcomes for the site being:

i.        Unencumbered Strata Title in favour of Council for a public carpark having not less than 200 public parking spaces

ii.       Unencumbered Strata Title in favour of Council of not less than 1,170 m2 of gross lettable area suitable for community and/or commercial use directly accessible at the street level for Little Lane

iii.      An acceptable financial benefit having regard to the market value of the Land and combined value of the unencumbered strata tiles outlined above, demonstrating that Council has received best value from the development; and

(e)        an opportunity for tenderers to submit, in addition to a conforming tender, alternate not conforming tenders or tender options.

 

7.   Request the General Manager to report back to Council on the tender evaluation process no later than 3 March 2008 with s on how to complete the development in a timely and cost efficient manner; and

 

8.   Request the General Manager to consider the remaining development controls identified by Scott Carver for inclusion in a draft site specific Development Control Plan (DDCP) and reports back to Council in February 2008 recommending the DDCP be placed on public exhibition and considered at the same time as the LEP2008 is considered by Council.

 

 

362    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 Lawson, Teirney and Tudge (Total 3).

 

ADJOURNMENT:

 

The meeting was adjourned at 9:55pm.

 

RESUMPTION:

 

The meeting resumed at 11:04pm.

 

Councillors Smith and Lawson joined the meeting at 11:06pm.

Councillor Hassarati did not rejoin the meeting.

 

General Managers Report No. 33

SUBJECT: NSW Legislative Council Inquiry into Electoral and Political Party Funding

363

RESOLVED on the motion of Councillors Tudge and Gaffney that Council prepare a draft submission to the Select Committee on Electoral and Political Party Funding to candidates seeking office for Local and State Government and report back to the firstCouncil meeting in February 2008. 

 

 

The Mayor declared the motion carried unanimously.

Absent: Councillor Hassarati.

 

General Managers Report No. 35

SUBJECT: Interim Report - Proposed Development Controls for part of 314 Burns Bay Road, Lane Cove

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

 

364

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

 

1.   Note that the report on the proposed development controls for 314 Burns Bay Road prepared by Scott Carver will be made available as a supporting document to the draft Lane Cove Local Environmental Plan 2007 when it is placed on public exhibition with advice that the report has not yet been endorsed by Council;

2.   Request the General Manager to report back to Council in February 2008 on:

(a)        the proposed development controls for 314 Burns Bay Road prepared by Scott Carver; and

(b)        the process to change in classification under the Local Government Act for that part being rezoned as Residential R4 from Community Land to Operational.

 

 

The Mayor declared the motion carried unanimously.

Absent:        Councillor Teirney

                   Councillor Hassarati

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 62

SUBJECT: Members of the Public Addressing Council Meetings

 

RESOLVED on the motion of Councillors D'Amico and Tudge that members of the public be permitted to address Council on any issue at Council Meetings.

 

 

The Mayor declared the motion carried unanimously.

Absent:        Councillor Teirney

                   Councillor Hassarati

NOTE:        This item was later recommitted.

 

Corporate Services Division Report No. 63

SUBJECT: Delegation of Authority During the Christmas Recess

 

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

 

 1.        Subject to the provisions of Section 377 of the Local Government Act, Council appoint a Committee comprising of the Mayor and the General Manager, or in their absence a delegate of the Mayor and/or the person acting as General Manager, to deal with and determine, urgent matters arising during the Council recess between 18 December 2007 until 4 February 2008, in such cases applying Council’s policies, or where no such policies exist, exercising due caution.

 

 2.        No SEPP No.1 objections be supported without reference to the Ward Councillors in the normal distribution of Councillor’s mail on Thursdays, and that the Mayor and the General Manager are not to determine those matters until the following Tuesday.

 

3.       No Section 96 or Section 82A reviews of development applications in relation to any matter that has been determined by Council or Planning and Building Committee, be referred to, or be determined by the Mayor and the General Manager during the recess.

 

 

The Mayor declared the motion carried unanimously.

Absent:        Councillor Teirney

                   Councillor Hassarati

NOTE:        This item was later recommitted.

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 41

SUBJECT: Street Parties - Draft Policy and Procedures

 

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

 

1.         Council place the Draft Policy and Procedures Manual for Street Parties dated December 2007 on public exhibition in January 2008 for a period of 6 weeks.

 

2.                  A further report be submitted following the consultation period.

 

3.         Notices be displayed on Council Norice Boards advising of the exhibition.

 

 

 

The Mayor declared the motion carried unanimously.

Absent:        Councillor Teirney

                   Councillor Hassarati

NOTE:        This item was later recommitted.

 

Councillor Teirney rejoined the meeting at 11:12pm.

 

Procedural Motion

365

RESOLVED on the motion of Councillors Longbottom and Smith that the following Items be recommitted:

Corporate Services Division Report No. 62,

Corporate Services Division Report No. 63

Open Space & Urban Services Division Report No. 41.

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 62

SUBJECT: Members of the Public Addressing Council Meetings

366

RESOLVED on the motion of Councillors D'Amico and Tudge that members of the public be permitted to address Council on any issue on 1st and 3rd meeting on any month.

 

 

The Mayor declared the motion carried unanimously.

Absent:        Councillor Hassarati.

 

Corporate Services Division Report No. 63

SUBJECT: Delegation of Authority During the Christmas Recess

367

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

 

 1.        Subject to the provisions of Section 377 of the Local Government Act, Council appoint a Committee comprising of the Mayor and the General Manager, or in their absence a delegate of the Mayor and/or the person acting as General Manager, to deal with and determine, urgent matters arising during the Council recess between 18 December 2007 until 4 February 2008, in such cases applying Council’s policies, or where no such policies exist, exercising due caution.

 

 2.        No SEPP No.1 objections be supported without reference to the Ward Councillors in the normal distribution of Councillor’s mail on Thursdays, and that the Mayor and the General Manager are not to determine those matters until the following Tuesday.

 

3.       No Section 96 or Section 82A reviews of development applications in relation to any matter that has been determined by Council or Planning and Building Committee, be referred to, or be determined by the Mayor and the General Manager during the recess.

 

 

The Mayor declared the motion carried unanimously.

Absent:        Councillor Hassarati.

 

Open Space and Urban Services Division Report No. 41

SUBJECT: Street Parties - Draft Policy and Procedures

368

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

 

1.         Council place the Draft Policy and Procedures Manual for Street Parties dated December 2007 on public exhibition in January 2008 for a period of 6 weeks.

 

2.                  A further report be submitted following the consultation period.

 

3.                  Notices be displayed on Council Notice Boards advising of the exhibition.

 

 

The Mayor declared the motion carried unanimously.

Absent:        Councillor Hassarati.

 

Open Space and Urban Services Division Report No. 45

SUBJECT: Greener, Safer Fleet – Update

369

RESOLVED on the motion of Councillors D'Amico and Smith that Council receive and note the Greener, Safer Fleet – Update report.

 

 

The Mayor declared the motion carried unanimously.

Absent:        Councillor Hassarati.

 

Open Space and Urban Services Division Report No. 46

SUBJECT: Introduction of Car Sharing Scheme to Lane Cove

370

RESOLVED on the  of Councillors Tudge and Smith that:-

 

1.      Council undertake consultation as out outlined in this report to determine if there is support for the introduction of a Car Share Scheme in the Lane Cove area with a provision of two (2) parking spaces in the Town Centre.

 

2.       A further report be submitted at the end of the consultation period.

 

 

The Mayor declared the motion carried unanimously.

Absent:        Councillor Hassarati.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 46

SUBJECT: Draft Signage and Advertising DCP

371

RESOLVED on the  of Councillors Tudge and Smith that Council:-

 

1.         Adopt the draft Lane Cove Signage and Advertising Development Control Plan dated 13 December 2007 and place it on public exhibition for a period of 6 weeks;

 

2.         Forward a copy of the DCP to the Outdoor Media Association for comment; and

 

3.                  Notify the stakeholders including Lane Cove ALIVE, and CPOWA and those who attended the Workshop 30 April 2007 and community progress associations of the exhibition of the plan.

 

4.                  Notices be displayed on Council Notice Boards advising of the exhibition.

 

 

The Mayor declared the  carried unanimously.

Absent:        Councillor Hassarati.

 

Environmental Services Division Report No. 52

SUBJECT: Draft Comprehensive LEP 2007

 

MOTION

 

 A motion was moved by Councillor Tudge and Smith that:-

 

1.         Council endorse Draft Local Environmental Plan 2007 as an amended form of the Draft Comprehensive Local Environmental Plan adopted on 20 September 2004,

 

2.         Draft LEP 2007 be placed on public exhibition in compliance with: any condition subject to which the Section 65 certificate was granted by the Director-General of Planning, Section 66 of the Environmental Planning and Assessment Act, 1979 and the Department of Planning’s Best Practice Guidelines,

 

3.         That exhibition be for a minimum period of 60 days, with the closing date for submissions to be no earlier than 31 March 2008 and in accordance within the Consultation Plan within this Report,

 

4.         In lieu of a local environmental study, relevant strategic background documentation and such other matter as may be appropriate or necessary to better enable the draft plan and its implications to be understood, including requirements under the Department of Planning’s Draft Inner North Subregional Strategy, be exhibited simultaneously with the draft plan; and

 

5.         Council note the history of the draft plan’s development.

 

 

 

Councillor Smith withdrew her support for the motion.

Councillor Tudge’s motion lapsed for want of a seconder.

 

MOTION

 

A Motion was moved by Councillors Longbottom and Smith that:-

 

1.         Council endorse Draft Local Environmental Plan 2007 as an amended form of the Draft Comprehensive Local Environmental Plan adopted on 20 September 2004,

 

2.         Draft LEP 2007 be placed on public exhibition in compliance with: any condition subject to which the Section 65 certificate was granted by the Director-General of Planning,  Section 66 of the Environmental Planning and Assessment Act, 1979 and the Department of Planning’s Best Practice Guidelines,

 

3.         That exhibition be for a minimum period of 60 days, with the closing date for submissions to include January and February and be no earlier than 29 February 2008 and in accordance within the Consultation Plan within this Report,

 

4.         In lieu of a local environmental study, relevant strategic background documentation and such other matter as may be appropriate or necessary to better enable the draft plan and its implications to be understood, including requirements under the Department of Planning’s           Draft Inner North Subregional Strategy, be exhibited simultaneously with the draft plan; and

 

5.         Council note the history of the draft plan’s development.

 

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

 

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

Against the  motion was Councillor Tudge (Total 1).

Absent:        Councillor Hassarati

 

Environmental Services Division Report No. 6

SUBJECT: Planning Reforms - Discussion Paper

373

RESOLVED on the motion  of Councillors D'Amico and Teirney that Council note the Minister for Planning’s discussion paper “Improving the NSW Planning System”.

 

 

The Mayor declared the motion carried unanimously.

Absent:        Councillor Hassarati

 

Human Services Division Reports

 

Human Services Division Report No. 29

SUBJECT: Shoreshocked 2008

374

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

 

1.       Receive and note the Report on “2008 Shoreshocked Festival”.

 

2.       Develop an alternative Youth Week program for 2008 for the youth of Lane Cove.

 

 

The Mayor declared the motion carried unanimously.

Absent:        Councillor Hassarati

 

No members of the public or media were present.

 

Procedural Motion

375

RESOLVED on the motion of Councillors Smith and D'Amico that Closed Committee of the Whole resume.

 

The Mayor declared the motion carried unanimously.

Absent:        Councillor Hassarati

 

Closed Committee of the Whole resumed.

 

Human Services Division Report No. 31

SUBJECT: Tender for the Reinstatement of the Rowing Shed Tambourine Bay

 

 

RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE

 

That the recommended tender for the reinstatement of the Tambourine Bay Rowing Shed be accepted and the General Manager be authorised to enter into a contract with the recommended tenderer.

 

 

The motion was carried unanimously.

Absent:        Councillor Hassarati.

 

Procedural Motion

376

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

 

The Mayor declared the motion carried unanimously.

Absent:        Councillor Hassarati

 

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.

 

General Managers Report No. 34

SUBJECT: Proposed Partial Road Closure and Sale - Nield Ave

377

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

 

1.       Council, pursuant to Section 37 2 (b) of the Roads Act, consents to the closure of the lower part of Nield Ave and the public pathway between Nield Ave and Morven Gardens, being a total land area of 979 m2 as shown in Attachment 2;

2.       Murlan P/L be advised that Council has agreed to the sale of the lower part of Nield Ave and the public pathway between Nield Ave and Morven Gardens, as recommended in Closed committee of Council subject to formal closure of part of the road being completed and those conditions and authorisations as recommended in Closed Committee.

 

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

 

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

Against the Motion was Councillor Tudge (Total 1).

Absent:        Councillor Hassarati

 

Human Services Division Report No. 31

SUBJECT: Tender for the Reinstatement of the Rowing Shed Tambourine Bay

378

RESOLVED on the motion of Councillors Smith and Gaffney that the successful tenderer for the reinstatement of the Tambourine Bay Rowing Shed be accepted and the General Manager be authorised to enter into a contract.

 

 

The Mayor declared the motion carried unanimously.

Absent:        Councillor Hassarati.

 

NOTICES OF RESCISSION

 

NOTICE OF RESCISSION NO. 1

SUBJECT: 24e UPPER CLIFF ROAD, NORTHWOOD

 

MOTION

 

A motion was moved by Councillors Longbottom and Smith that the resolution of Council on 19 November 2007 in relation to Environmental Services Division Report No.42 – “24E Upper Cliff Road” be rescinded.

 

 Foreshadowed Motion

 

A Foreshadowed Motion was moved by Councillors Tudge and Lawson that Council reaffirm its decision to defend the appeal.

 

 

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

 

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

Against the Motion were Councillors Lawson and Tudge (Total 2).

Absent:        Councillor Hassarati.

 

The Foreshadowed Motion lapsed.

 

Extension of Time

380

RESOLVED on the motion of Councillors Longbottom and D'Amico that the Council meeting be extended till 12.10pm.

 

The Mayor declared the motion carried unanimously.

Absent:        Councillor Hassarati.

 

ENVIRONMENTAL SERVICES DIVISION REPORT NO. 56

SUBJECT:  DISCUSSIONS WITH LEGAL REPRESENTATIVES ON 24E UPPER CLIFF ROAD, NORTHWOOD.

A memo incorporating correspondence from Council’s solicitors, Pike Pike and Fenwick was considered in conjunction with this item.

 

MOTION

 

A motion was moved by Councillors D’Amico and Smith that Council enter into Consent Orders in the Land and Environment Court appeal providing for the following:-

 

a)      Granting of consent, subject to the conditions outlined in the letter from Pike Pike and Fenwick dated 17 December 2007 and any such other conditions as considered appropriate by the General Manager in consultation with Council’s lawyers, and authority be delegated to the General Manager to settle such conditions;

 

b)      the Resident Objectors be notified of the Consent Orders hearing in accordance with the practice of the Land and Environment Court.

 

 

Foreshadowed Motion

 

A Foreshadowed motion was moved by Councillors Tudge and Lawson that Council reaffirm its decision to defend the action.

 

 

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

 

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

Against the Motion were Councillors Lawson and Tudge (Total 2).

Absebt:       Councillor Hassarati.

 

The Foreshadowed Motion lapsed.

 

QUESTION WITHOUT NOTICE

 

Councillor Tudge asked the following Question Without Notice.

 

Has the Occupation Certificate for Waterbrook been issued?   If not can I be told when it is issued?

 

CLOSE

 

The meeting closed at 12:10am.

 

Confirmed at the Ordinary Council Meeting of 4th February 2008, at which meeting the signature herein is subscribed.

MAYOR

 

 

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

 

MEETING FILE REF:  Document2