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Agenda

Ordinary Council Meeting

18 February 2008

The meeting commences at 6.30pm. If members of the public are

not interested in any business recommended to be considered in

Closed Session or there is no such business, Council will ordinarily

  commence consideration of all other business at 7pm.

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers, Lower Ground Floor, 48 Longueville Road, Lane Cove on Monday 18 February 2008 commencing at 6:30PM. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Ian Longbottom. Councillors are entitled to one vote on a matter. If votes are equal, the Chairperson has a second or casting vote. When a majority of Councillors vote in favour of a Motion it becomes a decision of the Council. Minutes of Council and Committee meetings are published on Council’s website wwww.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.

 

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items of the agenda.

 

Members of the public may address the Council Meeting on any issue for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons addressing the Meeting must speak to the Chair. Speakers and Councillors will not enter into general debate or ask questions.

 

If you do not understand any part of the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Council’s Manager Governance on 99113525.

 

Please note 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.

 

 

 


Ordinary Council 18 February 2008

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

MATTERS RECOMMENDED BY THE GENERAL MANAGER TO BE CONSIDERED IN CLOSED COMMITTEE

 

Confidential Items

 

1.       General Managers Report No. 4

SUBJECT: Valuation Advice - Lane Cove Police Station Site and Consideration of Purchase

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 as it contains details of the valuation and Council's proposed offer, its release would prejudice negotiations..

 

2.       Corporate Services Division Report No. 12

SUBJECT: Tender for the Supply & Delivery of Hardware Items

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 the report contains information about the tenderers pricing and commercial performance which is market sensitive.  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 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.

  

public forum

 

Members of the public may address the Council Meeting on any issue for 3 minutes.

 

 

CONFIRMATION OF MINUTES

 

3.      ORDINARY COUNCIL MEETING - 4 FEBRUARY 2008

 

 

Orders Of The Day

 

4.       Order Of The Day No. 3

SUBJECT: Council and Committee Meeting Schedule - March 2008

 

5.       Order Of The Day No. 4

SUBJECT: Meeting in the Plaza - Saturday 23 February 2008

 

General Managers Reports

 

6.       General Managers Report No. 5

SUBJECT: Development of Planning Controls 314 Burns Bay Road

 

Corporate Services Division Reports

 

7.       Corporate Services Division Report No. 11

SUBJECT: 2nd Quarter 2007 - 2008 Budget Review

 

Open Space and Urban Services Division Reports

 

8.       Open Space and Urban Services Division Report No. 3

SUBJECT: Subsidence at 25 Best Street, Lane Cove

 

Environmental Services Division Reports

 

9.       Environmental Services Division Report No. 16

SUBJECT: 52A-52C Cliff Road, Northwood

 

10.     Environmental Services Division Report No. 17

SUBJECT: NSW Planning Reforms - endorsement of LGSA's Leaders' Forum policy

  

QUESTIONS WITHOUT NOTICE

 

 

 

         


Ordinary Council Meeting 18 February 2008

 

Order Of The Day No. 3

 

 

 

 

 

Reference:    Order Of The Day No. 3

Subject:          Council and Committee Meeting Schedule - March 2008    

Record No:    su1915 - 5280/08

Author(s):       Rebecca Ford 

 

 

Executive Summary

 

The Council and Committee Meeting Schedule for March 2008 is proposed as follows:-

 

 

March 1                       Inspection Committee

 

March 3                       Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

March 17                     Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

 

 

RECOMMENDATION

 

That the Council and Committee Schedule for March 2008 be adopted.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 18 February 2008

 

Order Of The Day No. 4

 

 

 

 

 

Reference:    Order Of The Day No. 4

Subject:          Meeting in the Plaza - Saturday 23 February 2008    

Record No:    su1915 - 5281/08

Author(s):       Rebecca Ford 

 

 

Executive Summary

 

Councillors are next due to meet with the public in the Plaza on Saturday 23 February 2008 between 10:30am and 12:00 midday. 

 

 

 

RECOMMENDATION

 

That Council determine whether to resolve a Meeting in the Plaza for February.

 

 

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


Ordinary Council Meeting 18 February 2008

 

General Managers Report No. 5

 

 

 

 

 

Reference:    General Managers Report No. 5

Subject:          Development of Planning Controls 314 Burns Bay Road    

Record No:    su2589 - 5622/08

Author(s):       John Lee 

 

 

Executive Summary

 

This report tables the development of planning controls for 314 Burns Bay Road (Attachment 1 circulated separately) as proposed by Scott Carver.

 

Background

 

Council will recall at the Ordinary meeting on 17 December it resolved to:-

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 Scott Carver Report was finally available as a supporting document on 8 February 2008.  The delay was in part by the seasonal holidays and in part in reviewing the documentation.  A copy of their report is available for download from Council’s website, noting that individual responses have been deleted from the report and that Appendix D containing confidential information is not publicly available.

 

Major Projects

 

Council will recall that during community consultation, there was majority community support from 2 out of 3 respondents who agreed with or could live with redevelopment of the upper part of 314 Burns Bay Road for residential.  This was outlined in the General Managers report no 27 to the Ordinary Meeting on 15 October 2007 in regard to the major projects plan.

 

Discussion

 

The following extract from the executive summary is included here for completeness:-

 

“This report, the “Development of Planning Controls for 304-314 Burns Bay Road”, has been prepared by SCOTTCARVER on behalf of Lane Cove Council in response to Council’s desire to develop a portion of land formerly used by the Lane Cove RSL Bowling Club which ceased in 1991. The site has been identified as suitable for redevelopment given its strategic location in relation to the employment lands, proximity to the Lane Cove Town Centre and neighbourhood centres of Lane Cove West and Burns Bay Road. In addition, Burns Bay Road provides connections to Epping Road and Victoria Road.

 

Council’s primary objective for the site is to redevelop the lesser part of the site that adjoins Burns Bay Road for residential development and retain and enhance the remaining major portion for community uses.

 

Council also is required to identify and provide suitably zoned land to meet housing targets set by the NSW Government’s strategic plans. Council desires the planning controls to deliver a high quality amenity and built form outcome for the site.

 

The site at 304-314 Burns Bay Road is irregular in shape and has an area of approximately 10,670 square metres. The portion of the site proposed for residential development has an area of approximately 2850 square metres and is referred to in this report as the “Subject Land”.

 

Development of the Subject Land for residential uses is to fund public projects including the enhancement of the remaining larger portion for community and recreational facilities as well as public parking. Redevelopment may also provide road access to the adjacent site at 318-332 Burns Bay Road (the “Tuta” site) that links with the signalised intersection on Burns Bay Road and provides access to 300 Burns Bay Road.

 

The planning controls were developed through planning and design analysis, community consultation, development of design principles, preparation of building envelopes and finally, recommendations for specific controls which can be included within Council’s Draft Lane Cove Local Environmental Plan 2007 (draft LEP 2007).

 

Throughout the process, Council has provided feedback and information has been made available on Council’s website associated with the Major Projects weblink. This has enabled the project to progress, stage by stage, in an open and transparent manner. The final preferred building envelope has evolved beyond the options presented to the community in the second workshop as a result of feasibility studies requiring a redistribution of building mass to increase the yield, while at the same time reducing the visual impact of the development when viewed from Burns Bay Road.

 

Overall, the community [i.e. the adjacent neighbours attending the workshops] felt that the development of the Subject Land should not proceed primarily on the basis of traffic and parking, cumulative impacts of development in the area and loss of open space as well as a covenant restricting its use.

 

Council has advised that it is currently preparing a brief for a traffic and parking study while the issue of the covenant will be worked through as part of a separate process. Similarly, the issues surrounding proposed zonings for the site and nearby properties are more properly addressed through the current Draft LEP 2007 process.

 

The comments more directly related to this project has influenced the preferred building envelope and the recommended planning controls for the Subject Land.

It is also noted that since the potential development is constrained by the location of the Sydney Water sewer main, there is a sufficient open space buffer to limit any impacts on the single house on 316 Burns Bay Road adjacent to the Subject Land.

 

Character principles adopted for the Subject Land are to:-

 

·     Ensure the streetscape presentation when viewed from Burns Bay Road is appropriate in terms of the bulk and scale for a new built form and includes supplementary landscaping;

·     Design buildings to respond to the climate, topography and setting; and

·     Protect and share views particularly to the east and south.

 

Below are selected planning controls recommended for the Subject Land at 304-314 Burns Bay Road, which are described in greater detail in Chapter 5:-

 

·     The maximum FSR is not to exceed 2.3:1;

·     Controls in relation to internal and external amenity such as setbacks, solar access, separation distances are to be imposed;

·     The future built form is required to break down bulk and scale through upper level variations, side setbacks and roof design;

·     The overall height is to be designed based on the following:

o  Level 4 Terrace - 13.15m (RL 33.4);

o  Level 5 Terrace - 16.15m (RL 36.4);

o  Level 6 Terrace - 19.15m (RL 39.4);

o  Level 7 Terrace - 21.lOm (RL 42.4);

o  Roof Level - 25.55m (RL 45.7);

·     An environmentally responsive building with high quality indoor and outdoor spaces is promoted;

·     Streetscape improvements are required to the existing access road to 300 Burns Bay Road with the provision of footpaths to manage traffic and increase pedestrian safety and connectivity; and

·     Adequate parking is to be provided to serve the future site development for residents and visitors, without compromising open space, streetscape character and the pedestrian environment. “

 

Covenant

 

When 314 Burns Bay Road was given to Council in the transfer of land by the Ludowici family company, Mangrovite Belting, formally contained in Vol 4974 Fol 108, a covenant was entered into to use the land for public garden and public recreation purposes. 

 

In November 2007, W and HC Ludowici, grandchildren of the original grantor expressed some concern that removing the covenant for part of the land opens the possibility of further subdivision.  With additional residential development all around this site, the 6,600 m2 remaining will be crucial in providing for the open space needs for that community.  The proposed access road provides the natural boundary for limiting the extent of redevelopment.

 

The release of the covenant for that part proposed for residential development is specifically dealt with in Draft LEP 2007. 

 

Land Classification

 

A public hearing into the land classification will need to be held.  At this stage in the LEP process, it is expected that the hearing will be scheduled for May/June 2008.  Development would only be capable of proceeding if that part of the land required for development was reclassified as Operational under the Local Government Act 1993.

 

Preferred Envelope

 

The preferred building envelope has evolved from the four options canvassed at the community workshop to take account of the above considerations. This has involved reducing the proportion and height of the building envelope visible along the Burns Bay Road frontage as well as providing additional variation in the building envelope with the use of terraces and “steps” in the design when viewed from Burns Bay Road.

 

An opportunity may exist to extend the envelope at a low level along Burns Bay Road to within 3m of the main sewer line subject to more detailed design and analysis of existing view corridors.

The floor space removed from the Burns Bay Road frontage has been transferred to the upper level of the building adjacent to the land at 296 Burns Bay Road. This rearranged massing lends itself to an increase in floor space without detrimental impacts on solar access, landscape retention, views from Burns Bay Road and other key locations.

 

As such, the preferred building envelope includes in the order of 51 apartments and a floor space ratio of 2.3:1 being a total gross floor space of some 6,445 square metres as shown in Figure 12 (Attachment 2), and subject to the following development parameters:-

 

·     Subject to engineering design, the new access road (approximately 1,200 square metres in area) will define the boundary of the development to its east leaving a developable area of approximately 2,850 square metres;

·     A minimum building footprint of approximately 1,585 square metres;

·     Maximum Floor Space Ratio (FSR) 2.3:1;

·     Enhancement of the remaining open space of 6,650 square metres, including public car parking (but excluding the proposed new access road);

·     Retain trees where possible;

·     Minimum setback to Burns Bay Road and northern side boundaries of 5.0m;

·     Minimum setback to new access road of 5.0m;

·     Minimum setback to Sydney Water Main Northern Sewer Line of 3.0m;

·     Separation distances between buildings as per Residential Flat Design Code (RFDC) depending on the number of storeys;

·     Solar Access as per RFDC — not less than 3 hours on 21 June to nearest dwelling; and

·     Consider view lines from adjacent properties.

·     Maximum height including lift overrun is 46.0m AHD.

·    

If, in finalising the Draft Lane Cove Local Environmental Plan 2007, Council decides to limit the FSR, given wider considerations, the recommended RL heights should remain unchanged but greater stepping of the building along the Burns Bay Road frontage would occur.

 

Other Planning Controls

 

A number of other planning controls are included in the Scott Carver report.

Of note is their recommendation to consider improving public access through the site to improve access between Burns Bay Road and the foreshore with linkages to existing and proposed cycle routes.

 

Traffic Assessment

 

An assessment of the traffic impacts from redevelopment foreshadowed in the draft LEP 2007 in the area of 314 Burns Bay Road likely to require access via the signalised intersection to 300 Burns Bay Road is underway.

 

Next Steps

 

The Scott Carver report should inform decisions in regard to the draft LEP 2007 in regard to site specific FSR and building height.

 

Before proceeding with more detailed building design, it is recommended that the LEP is first gazetted, providing certainty in regard to the site controls, covenant release and land classification.

 

In the meantime, it is proposed to:-

 

·     undertake the detailed design of the access road and necessary improvements to the internal approaches to the signalised intersection with Burns Bay Road; and

·     commence negotiations with the adjacent owners to reach agreement in regard to cost sharing for the access road and associated improvements.

Conclusion

 

The Scott Carver report provides a soundly prepared set of planning controls for this site for Council’s consideration.  The report has been made available to the wider public as a supporting document to the public exhibition of the draft LEP 2007, noting that the report had not yet been endorsed by Council.

 

The preferred building envelope reduces the scale of building fronting Burns Bay Road, and at the same time improves proposed residential amenity both within the development and for existing residents opposite.

 

The Scot Carver report is submitted for Council’s endorsement.

 

 

RECOMMENDATION

 

That Council:-

 

1.   Note the preferred Building Envelope and associated development parameters as set out in this report to guide the redevelopment of 314 Burns Bay Road;

2.   Note that this Scott Carver report was made available as background information as a supporting document to the public exhibition of the draft Lane Cove Local Environmental Plan 2007 and is available for download from Council’s website;

3.   Request the General Manager to explore options to improve pedestrian and cycle links from this site to Burns Bay Reserve, the foreshore and Burns Bay Road;

4.   Authorise the General Manager to commence negotiations with adjacent property owners in regard to cost sharing arrangements to provide and improve access arrangements to meet the development potential foreshadowed in the draft LEP 2007; and

5.   Note that a public hearing to reclassify part of 314 Burns Bay Road from Community Land to Operational will be undertaken as part of the LEP process.

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1 View

Scott Carver Planning Report 314 Burns Bay Road

129 Pages

Circulated Separately

AT‑2 View

Preferred Building Envelope

1 Page

 

 

 


Ordinary Council Meeting 18 February 2008

 

Corporate Services Division Report No. 11

 

 

 

 

 

Reference:    Corporate Services Division Report No. 11

Subject:          2nd Quarter 2007 - 2008 Budget Review    

Record No:    SU757 - 5197/08

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

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

 

Background

 

Council is required to prepare a Budget Review Statement each quarter, in accordance with Clause 7 of the Local Government (Financial Management) Regulation 1999. This report is prepared in accordance with the clause for the period ended 31 December 2007.  The purpose of these reviews is to ensure that the impact of financial variation is reflected in the forecast of Council’s global budgetary position to 30 June 2008, and the adopted Budget adjusted accordingly.

 

Discussion

 

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

 

 

Original Budget

1st Quarter Adjustment

2nd. Quarter Adjustment

Revised Budget

Expense from Ordinary Activity

$27,417,033

$121,704

$195,000

$27,538,737

Revenue from Ordinary Activity

$27,417,033

$121,704

$195,000

$27,538,737

Surplus/- Deficit

$0

$0

$0

$0

Capital Grants & Contributions

$247,657

$0

$0

$247,657

Surplus/- Deficit

$247,657

$0

$0

$247,657

 

The review includes provision for grants expenditure of $10,000 for the Living in Harmony, You + Me Program, $10,000 to cover the cost of Christmas in the Plaza activities, which were conducted without sponsorship this year and involved new lighting for the Rotunda, and $25,000 to cover increased community education in relation to red lids for garbage bins, (note this is offset by an incentive payment). In addition $150,000 is required to cover increased legal costs, Council has matters in the Land and Environment Court relating to 7 Kelly’s Esplanade, 10-12 Poole Street, 85 Kenneth Street, 24e Upper Cliff Road, 52b Cliff Road, 44 Carranya Road, 11 Grace Street and 40a Cope Street.

 

In Council’s favour, Council received non-budgeted rezoning fees of $20,000, additional hall hire income of $4000, a grant of $10,000 for the You + Me Program, an incentive payment for the migration to red lidded garbage bins of $54,290, and an additional $136,000 in interest from investments following recent interest rate rises, and the revised project schedule for the Austin Street project.

 

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

 

 

 

 

Prog No.

Program

Variation

2.10

Planning Services

($20,000)

4.3.5

Public Halls

($4,000)

5.5

Other Cultural Services

$10,000

6.20

Development Control

$150,000

9.20

Garbage Collection

($29,290)

10.10

General Purpose Revenue

($106,710)

 

Net Budget Variation

$0

 

Statutory Report

 

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

 

 

 

RECOMMENDATION

 

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

 

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

2nd Quarter 2007 / 2008 Budget Review Attachment - Details of Variations

1 Page

 

 

 


Ordinary Council Meeting 18 February 2008

 

Open Space and Urban Services Division Report No. 3

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 3

Subject:          Subsidence at 25 Best Street, Lane Cove    

Record No:    SU2827 - 5131/08

Author(s):       Wayne Rylands 

 

 

Executive Summary

 

The Local Government Act 1993 – Section 67 requires that any work undertaken by Council on private land, that is at a charge less than an approved fee, can only be done by way of resolution of the council at an open meeting before the work is carried out.

 

The work that is the subject of this report, involves repair work to the collapse of some footpath and road area within Strata Plan 18756 – 25 Best Street, Lane Cove.

 

The cause of the collapse remains unresolved. The Strata Plan is of the view that Council’s upstream stormwater system is to blame. Council is of the view that the Strata Plan’s internal above ground creek/drainage system is at fault. The Strata Plan, in recent correspondence has threatened legal action with Council to resolve the issue.

 

Council staff consider that repair of the collapse will cost in the vicinity of $5000.

 

The purpose of this report is to seek Council’s determination on whether repair work to the collapse of some footpath and road area should be undertaken by Council within Strata Plan 18756 – 25 Best Street, Lane Cove, and how costs should be attributed.

 

 

Background & Discussion

 

In January 2007, the Body Corporate of Strata Plan 18756 – 25 Best Street, Lane Cove wrote to Council requesting that it repair damage (collapse of footpath and part roadway) incurred within their property. The Body Corporate maintained that the damage was due to Council’s stormwater system. Investigations by Council confirmed that there was damage to our stormwater pipes in Ludowici Reserve that required immediate attention. However, even now, Council disputes that this is definitely the reason why damage has occurred some 500 metres downstream within the 25 Best Street property.

 

Council undertook significant repairs to its’ stormwater system in Ludowici Reserve throughout the early part of 2007. Council also installed sub-surface drainage lines in Ludowici Reserve upstream of the property boundary. These drainage lines intercept any subterranean flows from the reserve that may be travelling through the sub-surface into 25 Best Street.

 

Further to this, a site meeting was held on 4 April 2007 at 25 Best Street with Andrew Bertie from Strata Partners, Scott Button from Lyle & Associates, two residents from 25 Best Street and Wayne Rylands and Martin Terescenko from Lane Cove Council. It was decided that Council would carry out a dye test in Ludowici Reserve to determine if the damaged stormwater lines in Ludowici Reserve were the source of the sink hole in 25 Best Street.

 

On 24 April 2007 Council organised this dye test. Present at the site during the test were Martin Terescenko, Scott Button and a resident from 25 Best Street.

 


To carry out this test Council:

·     Organised a 3,500 litre water truck

·     Dug up the sink hole that had been located in the southern end of Ludowici Reserve adjacent to the property boundary of 25 Best Street

·     Cleaned out the sink hole in 25 Ludowici Reserve to a depth of 2.6m where the base of the hole was sandstone.

 

A phosphorescent dye was placed in the sink hole in Ludowici Reserve and this hole was then filled with water from the truck. A total volume of 3,500 litres of water and dye was pumped into this hole. Upon completion of the dye test there was no evidence of any dye or water in the sink hole in 25 Best Street.

 

The entire system was then reinspected upon completion of the works and it has been confirmed that there are no further damaged Council stormwater lines which need replacing.

 

It is therefore Council’s belief that the sink hole or the damaged stormwater lines in Ludowici Reserve were not in any way connected with the sink hole in 25 Best Street. Accordingly, Council rejected the Strata Plan claim that our stormwater system was the cause of the collapse in 25 Best Street and still does.

 

Conclusion

 

Although Council staff are adamant that our stormwater system has in no way caused the sink hole/damage within 25 Best Street, it is becoming increasingly apparent that this matter may end up in court.  Even if Council were to win the court case it is unlikely that we would recover our legal costs. It is highly likely that these legal costs would exceed the estimated costs to repair the sink hole in 25 Best Street. Based on this, it is an option to undertake the repair work as a sign of good faith with the residents of 25 Best Street, on an ex-gratia basis without admission of liability. 

 

However, if Council were to undertake these works at a charge less than the approved fee, it will need to consider the possible precedent that this may set.  It may be an acceptable option for Council to consider, that due to the uncertainty surrounding the cause of the damage/sink hole in 25 Best Street that both parties agree to split the costs to undertake the repair works.

 

 

 

 

RECOMMENDATION

 

That Council: -

 

1.   Receive and note the report.

 

2.   Determine whether to undertake repair work to the damaged pavement/sink hole in 25 Best Street, Lane Cove on an ex-gratia basis without admission of liability and how to proportion costs for this work.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 18 February 2008

 

Environmental Services Division Report No. 16

 

 

 

 

 

Reference:    Environmental Services Division Report No. 16

Subject:          52A-52C Cliff Road, Northwood    

Record No:    DA98/287 - 5053/08

Author(s):       Michael Mason 

 

 

Executive Summary

 

Council’s resolution No.6 of 4 February 2008 calling for an internal mediation between relevant parties was undertaken on Thursday 7 February on a “without prejudice and confidential basis”.  Unfortunately, no agreement was reached and Council is now requested to determine the application having regard to all relevant issues.

 

Background

 

Council at it’s meeting of 4 February 2008 resolved:

 

1.         Consideration of the matter be deferred for an internal mediation to be conducted with the applicant and objectors on Thursday 7th February 2008 at 9.30am;

 

2.         Council indicates it supports the removal of the eastern deck and bay window; and for the lowering of the pool deck.

 

Mr Mason facilitated mediation at the Council Chambers between Party 1: Ms I Rozenauers and Mr John Fegan; applicants and their advisors, Mr Ross (Solicitor), Antonio Caminiti, Architect and Party 2: Mr B Maier and Ms F Walkerden (owners of 50A Cliff Road) and Ms M Campbell; Planning Consultant and Mr S Walkerden and Mr K Walkerden.

 

Mediation commenced at approximately 10.30am and continued until approximately 3.30pm without a break.

 

Unfortunately the mediation process did not result in an agreed position between the parties.

 

Conclusion

 

As the mediation was undertaken “without prejudice and on a confidential basis”, Council is asked to now determine the application having regard to the assessment report (AT1), individual representations to Council and observations made at Council’s site inspection of 2 February.

 

RECOMMENDATION

 

That Council determine the S96 application to development consent DA287/98 to amend the design of a proposed dwelling and swimming pool.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Environmental Services Division Report No. 523

10 Pages

 

 

 


Ordinary Council Meeting 18 February 2008

 

Environmental Services Division Report No. 17

 

 

 

 

 

Reference:    Environmental Services Division Report No. 17

Subject:          NSW Planning Reforms - endorsement of LGSA's Leaders' Forum policy     

Record No:    SU1721 - 5463/08

Author(s):       Brendan Metcalfe 

 

 

Executive Summary

 

At the urgent request of a meeting of the Local Government and Shires Association (LGSA) Leaders’ Forum on 30 January 2008, this report presents for Council’s endorsement a resolution made at that meeting to address proposed planning reforms in NSW.

 

Background

 

At the Ordinary Council Meeting on 4 February, Council resolved to make a submission to the Department of Planning on the NSW Minister for Planning’s Improving the NSW Planning System Discussion Paper.

 

Additionally, all NSW councils have now been requested to formally resolve to endorse the points specified in a letter dated 30 January 2008, produced as a result of the LGSA’s resolution that day. A copy of the letter is attached at AT 1. The letter was not received in time for its inclusion in the report to Council of 4 February.

 

Discussion

 

The LGSA Leaders’ Forum meeting of mayors, councillors and staff was held to discuss the NSW Government’s proposed changes to planning. These comprise:-

 

   *   the Minister’s Discussion Paper proposals (details are in Council Report No.6 of 17 December

       2007) and

   *   Section 94 Plan changes (details are in Council Report No.40 of 19 November 2007).

 

The letter requests Council’s endorsement of a stronger expression of concern than had been formerly proposed under the LGSA’s draft policies to date, and adds the issue of Section 94 plan funds.

 

Conclusion

 

Council is requested to endorse the points specified in the LGSA’s letter of 30 January 2008, on the basis that (i) the Minister’s Planning Reforms and Section 94 proposals are inappropriate without amendment, and require more comprehensive consultation, and (ii) in relation to the potential transfer of section 94 to the NSW Government, should be strongly opposed.

 

 

RECOMMENDATION

 

That:-

 

1.   Council receive, note and endorse the resolution made at the LGSA Leaders’ Forum below:

 

a.   That the meeting supports the actions of the Presidents and Executives of the Local Government and Shires Association in mounting a campaign on the NSW Government’s proposed planning changes, including both the issue of section 94 developer contributions and the recommendations in the Government’s discussion paper, and preparing an alternative reform package as a basis for discussion with the Government, councils, stakeholders and the community.

 

b.   The meeting calls on all NSW councils to refuse to cooperate with the NSW Government if requested to transfer section 94 funds held in trust by councils, to the Government.

c.   The meeting supports in principle the proposal that the Associations seek contributions from member councils towards the cost of engaging high level lobbying and media representation to formulate and assist with the implementation of a continuing public campaign.

 

2.   The LGSA be advised of the above resolution.

 

 

 

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Planning Reforms - LGSA letter of 30 1 08