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Agenda

Ordinary Council Meeting

3 March 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 3 March 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 Councilís 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 Councilís 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 3 March 2008

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT OF COUNTRY

 

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

 

Confidential Items

 

1.†††††† Human Services Division Report No. 2

SUBJECT: Architectural Services for Lane Cove Library

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 it further being considered that discussion of the matter in open meeting would be, on balancek, contrary to public interest by reason of the foregoing and Tender details, should they be revealed, may result on 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 detals of these tenders or the assessment process.Tenderers have provided
sensitive information about their operations in the confidence that their details will not be made public by Council.The practice of publication of sensitive information provided by Tenderers could result in the withholding of such information by Tenderers and reduction in the provision of information relevant to Council's decision..

public forum

 

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

 

 

CONFIRMATION OF MINUTES

 

2.††††† ORDINARY COUNCIL MEETING - 18 FEBRUARY 2008

 

Orders Of The Day

 

3.†††††† Order Of The Day No. 5

SUBJECT: Citizenship Ceremony - 12 March 2008

 

4.†††††† Order Of The Day No. 6

SUBJECT: Meeting in the Plaza - Saturday 29 March 2008

General Managers Reports

 

5.†††††† General Managers Report No. 6

SUBJECT: Purchase of Lane Cove Police Station Site at 47 Burns Bay Road, Lane Cove


Open Space and Urban Services Division Reports

 

6.†††††† Open Space and Urban Services Division Report No. 7

SUBJECT: Private Use of Public Land

 

7.†††††† Open Space and Urban Services Division Report No. 8

SUBJECT: Lane Cove Town Centre Parking Master Plan

Environmental Services Division Reports

 

8.†††††† Environmental Services Division Report No. 19

SUBJECT: Delegated Authority Report - January 2008

 

9.†††††† Environmental Services Division Report No. 20

SUBJECT: Proposed amendment to Subdivision Policy LO1005

QUESTIONS WITHOUT NOTICE

 

 

 

†††††††††


Ordinary Council Meeting 3 March 2008

 

Order Of The Day No. 5

 

 

 

 

 

Reference:††† Order Of The Day No. 5

Subject:††††††††† Citizenship Ceremony - 12 March 2008††

Record No:††† su28 - 7013/08

Author(s):†††††† Anita Holesgrove

 

 

Executive Summary

 

The Mayor will preside over a Citizenship Ceremony in the Council Chamber on Wednesday 12 March 2008 commencing at 7:00pm

 

A Councillor is required to attend the ceremony and speak to the new citizens about local government.

 

 

 

 

 

 

 

 

RECOMMENDATION

 

That a Councillor nominates to attend the Citizenship Ceremony on 12 March 2008 and speak to the new citizens about local government.

 

 

 

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.


Ordinary Council Meeting 3 March 2008

 

Order Of The Day No. 6

 

 

 

 

 

Reference:††† Order Of The Day No. 6

Subject:††††††††† Meeting in the Plaza - Saturday 29 March 2008††

Record No:††† su1915 - 7371/08

Author(s):†††††† Rebecca Ford

 

 

Executive Summary

 

Councillors are next due to meet with the public in the Plaza on Saturday 29 March 2008 between 10:30am and 12:00 midday.

 

 

 

RECOMMENDATION

 

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

 

 

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

†††


Ordinary Council Meeting 3 March 2008

 

General Managers Report No. 6

 

 

 

 

 

Reference:††† General Managers Report No. 6

Subject:††††††††† Purchase of Lane Cove Police Station Site at 47 Burns Bay Road, Lane Cove††

Record No:††† SU2808 - 7333/08

Author(s):†††††† Peter Brown

 

 

Executive Summary

 

Council has secured Ministerial approval to purchase the Lane Cove Police Station site at a price within the range set by Independent Valuation.†† This report discusses the exchange and settlement periods, land classification and initial use of the site.

 

Background

 

As Council is aware the NSW Police Force has made a decision to close and sell the Lane Cove Police Station located at 47 Burns Bay Road, Lane Cove.

 

Following announcement of the decision in December 2007 the Mayor, Councillor Longbottom, requested an urgent meeting with the NSW Police Minister, the Hon. David Campbell.

 

On 7 January 2008 the Mayor and myself met with Mr George Houssos, Deputy Chief of Staff for Minister Campbell and Mr John Karaboulis, Director of Services for the NSW Police.

 

Mr Karaboulis has responsibility for the project and explained that a valuation was being sought and the intention was to put the property to public auction.†† Following strong lobbying by the Mayor that Council would like the option to consider purchase at an appropriate price Mr Karaboulis agreed that NSW Police would consider the option following receipt of their own valuation advice.†† The meeting concluded with Mr Karaboulis stating that Council would be contacted prior to any advertising of the property.

 

The United Services Group, acting on behalf of the NSW Police force, contacted Council informing us that ďthe NSW Police Force have indicated that they will give due consideration to an offer from Lane Cove Council prior to auction.Ē†† The correspondence stated that any such offer by Council was to be made by Friday 8 February 2008.

 

Following a request from Council the time period for submission of any formal offer by Council was extended until 21 February 2008.††

 

Mr Jeff Burns of Michael Collins and Associates (MCA) was engaged by Council on 31 January 2008 to undertake a valuation.

 

The site is currently zoned 2C residential and in the Draft Local Environment Plan is proposed as residential R4.

 

Council carefully considered the valuation advice in Closed Committee of the Ordinary Council meeting of 18 February 2008 also considering the opportunities this site may provide for the future benefit of the community.†† Council determined to make an offer to acquire the property within a price range advised by our Independent Valuer.

 

Current Situation

 

Negotiations between myself on behalf of Council, and the United Group Limited, on behalf of the NSW Police, have now been finalised with a purchase price of $1.25M being agreed and Ministerial approval granted.

The purchase involves an unconditional contract of sale with 10% deposit to be paid upon exchange of contracts (within 7 days of price agreement) and a settlement period of 35 days (5 weeks).†† Mr John Boland of Matthews Folbigg is acting for Council in this matter.

 

Classification of Land Acquired

 

S31(2) of the Local Government Act 1993 (NSW) states ďBefore a Council acquires land, or within 3 months after it acquires land, a Council may resolve that the land be classified as community land or operational land.Ē

 

S31(2A) states that "Any land acquired by Council that is not classified under subsection (2) is, at the end of the period of 3 months referred to in that subsection, taken to have been classified under a local environmental plan as community land.Ē

 

It will be a recommendation of this report that Council resolve to classify the land in question as operational land.

 

Meeting House

 

As Council is aware the redevelopment of Meeting House is planned for later this year requiring a temporary relocation of the Meeting House services including the pre-school program.†† This site can now be considered as a possible temporary location and discussions with Meeting House can now begin in earnest to assess the feasibility.

 

Conclusion

 

Council has considered carefully the benefit of acquiring the Lane Cove Police Station site.†† Independent Evaluation advice was obtained and Council has now come to an agreement with NSW Police to purchase at a price within the independent valuation range.

 

 

RECOMMENDATION

 

That Council:-

 

1.†††††††† Note the agreed price of $1.25M for 47 Burns Bay Road, Lane Cove is within the independent valuation range determined by Mr Jeff Burns of Michael Collins and Associates;

 

2.†††††††† Delegate to the General Manager the authority to sign all necessary contract documentation securing the unconditional purchase of 47 Burns Bay Road Lane Cove;

 

3.†††††††† In accordance with S31(2) of the Local Government Act 1993 (NSW) classify the 47 Burns Bay Road (described as Lot 51 in Deposited Plan 10155) site as operational land;

 

4.†††††††† Note that the feasibility of temporarily relocating Meeting House to this site during the planned redevelopment of their facilities is currently being assessed;

 

5.†††††††† Grant authority to the Mayor and General Manager to affix its seal to the sale contract.

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

ATTACHMENTS:

There are no supporting documents for this report.

††


Ordinary Council Meeting 3 March 2008

 

Open Space and Urban Services Division Report No. 7

 

 

 

 

 

Reference:††† Open Space and Urban Services Division Report No. 7

Subject:††††††††† Private Use of Public Land††

Record No:††† su1272 - 7268/08

Author(s):†††††† Susan Butler

 

 

 

Executive Summary

 

There are a number of locations where public Open Space is being used for private purposes or where Council officers have received requests to approve such use. This use is contrary to the objectives and actions in various Council plans. Applications for the use of public open space for private purposes should not be approved as such approval is inconsistent with Councilís policies and plans.Any existing private uses of public Open Space or other unauthorised alienation of public land should be investigated and progressively removed.

 

Background

 

The use of community land zoned Open Space for private purpose is an ongoing issue. There are three (3) categories where this occurs: private access over public open space; temporary access to adjoining properties to carry out works; and encroachments.

 

Currently Council officers are reviewing a number of private access crossing bushland reserves. As well, there have been some recent requests for access across reserves to bring vehicles and equipment.

 

Under various plans Council does not grant permission for these uses and activities. Private use of public land is inconsistent with the Core Objectives in the Community Land Management Plans for Natural Areas, Sportsfields and Parks. It is in direct conflict with the purposes of the Open Space Zones under the current LEP, which are to provide recreational facilities and preserve bushland areas. Councilís Open Space Plan includes an action to avoid any alienation of Open Space, such as by specific groups or individuals (Section 6, goal 2.4, page 30). The Plan of Management for Bushland in Lane Cove includes an action to remove encroachments into bushland (Section 3.3.1.6 page 24).The Local Government Act 1993 and Regulations also state that any private use of public land can only be for the greater community benefit. None of the situations outlined above achieve this.

 

 

Discussion

 

Council officers have consulted with Councilís Consultant Solicitor about these matters. Advice received is that Council is acting as a landowner and must manage the public open space appropriately for the benefit of the community. Council must act consistently here and not allow some parties to gain access over the land for a private purpose whilst not allowing others.

 


Private Driveways Over Public Open Space

 

In April 2007 letters were written to sixteen (16) residents with driveway crossings through public open space informing them that any such access will be closed unless they can prove that their property has the present and ongoing benefit of a statutory approval or consent. Councillors were advised of this in a memo dated 16 April 2007. Eight affected properties are in William Edward St and their access through Warraroon Reserve has now been closed without objection. On 17 December 2007 Council resolved not to approve a driveway through part of Stringybark Reserve to the rear of 1 Nundah St on grounds that this was permitting private use of public land and was not in the wider communityís interest. A resident in Johnston Cres has appealed against the closure of vehicular access from Elizabeth Pde through Batten Reserve to the rear of his property.

 

The matter of private use of public land was considered at the Bushland Management Advisory Committee meeting of 27 February 2008. The resolution of that meeting has been included as Attachment 1. The Stringybark Creek Residents Association has also provided Council with their view on this issue. This is provided as Attachment 2.

 

 

Temporary Access To Adjoining Properties

 

Council officers receive regular requests from residents or builders to bring vehicles and/or materials over public open space for building or landscaping works on adjacent properties. No access through the adjacent reserve is a standard condition for developments in this situation. With each written request Council officers have inspected the site but permission has been refused as there are alternate options available and the activity will cause immediate and long term detrimental impacts on the parks and reserves.

 

Encroachments

 

At the Council meeting of 17 September 2007 Council considered garden encroachments at the rear of a number of properties in Lucretia Ave and deleted any reference to short term leases over the areas of encroachment from the Plan of Work for Griffith Park Revegetation Area.

 

 

Conclusion

 

Applications for the use of public open space for private purposes should not be approved as such approval is inconsistent with Councilís policies and plans.Any existing private uses of public Open Space or other unauthorised alienation of public land should be investigated and progressively removed.


 

 

 

RECOMMENDATION

 

That Council confirm its commitment to its plans and policies to avoid alienation of Public Open Space by continuing to: -

 

A.†† remove private access over Public Open Space;

 

B.†† not permit neighbours to have temporary access over Public Open Space for vehicles and materials and;

 

C.discourage encroachments into Public Open Space.

 

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

Memorandum to Councillors on Vehicular Access over Public Open Space

1 Page

 

AT‑2 View

Correspondence on Private Use over Public Land from Stringybark Creek Residents Association

1 Page

 


Ordinary Council Meeting 3 March 2008

 

Open Space and Urban Services Division Report No. 8

 

 

 

 

 

Reference:††† Open Space and Urban Services Division Report No. 8

Subject:††††††††† Lane Cove Town Centre Parking Master Plan††

Record No:††† SU1361 - 7279/08

Author(s):†††††† Wayne Rylands

 

 

Executive Summary

 

As resolved at the Ordinary Council meeting of 19 November 2007 in relation to the Maunsellís Traffic and Parking Master Plan for the Lane Cove Town Centre, Council staff has undertaken consultation with the Commercial Property Owners Association (CPOWA), undertaken additional parking surveys in December 2007 to seasonally update the reportís parking survey data, and has had our Traffic Manager, Mr Nick Karahlis, audit the Maunsell Report. Council has also taken greater consideration of the Major Projects Plan, adopted in October 2007, and the proposals within to provide additional car parking to the Little Street and Rosenthal Avenue Carpark sites.

 

Following these meetings and the investigations undertaken by Council staff, it is now proposed that approximately 317 additional public car spaces be provided to the Town Centre over the next 3-5 years. These car spaces will be distributed amongst the Woolworths Market Square Carpark, Little Street Carpark and Rosenthal Avenue Carpark. Further surveys and monitoring should be undertaken in the Town Centre following this, and the Traffic and Parking Master Plan be updated again at that stage.

 

 

Background

 

At the Ordinary Council meeting of 19 November 2007, Council considered the Maunsellís Traffic and Parking Master Plan for the Lane Cove Town Centre, dated 26 September 2007.

 

Following representations at the meeting by the Commercial Property Owners Association, Council resolved that:-

 

ď1. This matter be deferred for consideration in February 2008;

 

2. During the deferred period:-

†††† consultation be made with commercial property owners;

†††† investigations take place as to seasonally update the parking surveys; and

†††† The Maunsell Report be audited by a traffic engineer.

 

3. The feasibility including costs of updating GFA study to 2007 be investigated and a report be submitted to Council.Ē

 

In response to Resolution 2, Council met with the Commercial Property Owners Association (CPOWA) representatives, Mr John Bykerk and Mr Paul Gibbs, in early December 2007 to discuss when additional parking surveys should be undertaken for the Town Centre.

 

As a result of this meeting, an agreed timetable for the additional surveys was established. Council organised for traffic survey company, Austraffic, to undertake the additional parking surveys for the Lane Cove Town Centre. These additional surveys were undertaken on Saturday, 15 December 2007 and Monday, 17 December 2007. The surveys covered both on-street car spaces and off-streets car parks within the Town Centre. These surveys are provided as Attachments 1 through 4, and it is recommended that they be included as an Addendum to the Maunsellís Report.

 

Councilís new Traffic Manager, Mr Nick Karahlis, has also audited the Maunsell Traffic and Parking Master Plan for the Lane Cove Town Centre. Mr Karahlisí audit included assessing the results of the new parking surveys, considering the Major Projects Strategic Planís proposed parking provision implications, and determining how they impact on the findings presented in Maunsellís Traffic and Parking Master Plan. This audit will result in an updated Parking Master Plan for the Lane Cove Town Centre. It is considered appropriate that the Traffic section of the Maunsellís report requires more attention at a later date and will form the subject of a further report.

 

In relation to Resolution 3, Council will investigate the feasibility of updating the Town Centre Gross Floor Area study, to current usage in a later report to Council.

 

 

Discussion

 

The meeting between Council staff (Wayne Rylands and Nick Karahlis) and the Commercial Property Owners Association representatives (John Bykerk and Paul Gibbs) provided a good opportunity to identify the concerns of the Town Centreís business community with the Maunsell report. The conclusion is that the Maunsell report, dated 26 September 2007, provided a fairly accurate assessment of the shortage of car parking provision in the Town Centre in relation to the maximum theoretical demand (510 car spaces now, and 640 car spaces by 2016). However, the CPOWA representatives raised concerns with the parking utilisation rate that was calculated by Maunsellís, the prognosis that current supply meets demand and that by 2016 only 70 additional car spaces would be required. CPOWA argued that the utilisation rates were well below what they perceived to be occurring in the Town Centre, particularly in the Rosenthal Avenue Car Park.

 

The final assessment made by Maunsellís in their report was that Council should make provision for an additional 200 public parking spaces. Maunsellís recommended that these car spaces are to be provided as conditions dictate; with surveys and monitoring to take place before further parking supply is provided. The interpretation of this assessment by the CPOWA representatives was that the additional car spaces were not required until after further surveys and monitoring were undertaken. However, Councilís interpretation was that the additional 200 public parking spaces should be provided in the short-term, and then further surveys and monitoring should be undertaken following this, to assess the impacts of the extra parking provided. It is Councilís intention that this should occur, and this forms the basis for a major part of the conclusions drawn in this report.

 

A subsequent meeting was held between John Bykerk and Paul Gibbs, and Wayne Rylands and Nick Karahlis, to discuss the results of the additional parking surveys that had been undertaken in December, and also to discuss Councilís considerations on, and intention of, providing additional car parking in the Town Centre over the short to medium term (3-5 years).

 

It was discussed that Maunsellís Master Plan was fundamentally correct in identifying the need for additional parking in the Town Centre (Maunsellís recommended an additional 200 car spaces be installed in the Town Centre in the short-term), and it was only their assumptions drawn from the parking surveys they undertook that provided incorrect conclusions in Councilís view. That is, the prognosis that current supply meets demand is not correct. Based on the additional surveys conducted by Council in December 2007, it is Councilís conclusion that a peak parking utilisation in the Town Centre has been reached (particularly in the Rosenthal, Little Street, Council and Austin Street car parks). This leads to the same conclusion drawn in the Maunsellís report. There is an immediate need to provide additional parking supply.

 


It was then also discussed that Councilís intention is to provide significant additional car parking to the Town Centre over the next 5 years, as detailed in the Major Projects Plan.In addition to the extra public parking provided as part of the Woolworths Market Square Development, the Major Projects Plan (adopted by Council in October 2007) details Little Street Carpark and Rosenthal Avenue Carpark as likely sites for provision of additional public parking in the short to medium term (3-5 years).

 

In summary, additional public car parking is proposed for the Town Centre within this timeframe as follows:

 

†††† Woolworths Market Square Development: 330 car spaces (includes additional 77 public car spaces over current provision). This is currently under construction.

†††† Little Street Carpark Proposed Redevelopment: 200 car spaces (includes an additional 114 public car spaces over the existing provision; 45 of these car spaces have resulted from the recent amendment to the Woolworths development to include a gymnasium which resulted in a shortage for them in the Market Square carpark). Council has currently gone to tender for design concepts for the redevelopment of this site. Progress is dependent on State Government approval of Councilís draft LEP.

†††† Rosenthal Avenue Carpark: 310 car spaces (includes an additional 126 public car spaces over the existing provision; additional car parking would be provided for any development that may occur on this site superfluous to the additional public car parking identified in the Major Projects Plan). The construction of this carpark will likely occur after the Market Square and Little Street developments, but is identified in the Major Projects Plan to be completed by 2011.

 

In all, it can be seen above that an additional 317 public car spaces are proposed to be provided by Council in key locations in the Town Centre in the short to medium term (3-5 years). It is considered that this should form the initial basis of the parking provision to be included in an updated Parking Master Plan for the Lane Cove Town Centre.

 

Conclusion

 

In conducting an audit of the Maunsellís Traffic and Parking Master Plan for the Lane Cove Town Centre, dated 26 September 2007, it was considered by Councilís Traffic Section that this document was predominantly accurate in itsí workings and findings. The parking surveys undertaken by Council in December identified that a peak parking utilisation in the Town Centre has been reached. This differed from Maunsellís parking surveys undertaken in June 2006, which identified spare capacity. However, Maunsellís still concluded that the Rosenthal Avenue Carpark was the most heavily utilised carpark and would require some upgrade in the short term.

 

Council agrees with Maunsellís theoretical parking demand shortfalls (510 parking spaces now, and 640 parking spaces by 2016). However, Council also agrees that provision of this amount of parking in the short-term would likely lead to an oversupply. As suggested by Maunsellís, Council proposes to install some additional public parking spaces (Maunsellís proposed 200 car spaces, whilst Council proposes approximately 317 car spaces as detailed above), with additional parking surveys and monitoring to then take place before any further parking supply is provided.

 

 


 

 

RECOMMENDATION

 

That Council:-

 

1.†† Receive and note the report on the Lane Cove Town Centre Parking Master Plan.

 

2.†† Receive and note the additional parking surveys, Attachments 1 through 4, undertaken by Council in December 2007 and accept them as an Addendum to the Maunsellís Traffic and Parking Master Plan for the Lane Cove Town Centre.

 

3.†† Adopt the Maunsellís Traffic and Parking Master Plan for the Lane Cove Town Centre, dated 26 September 2007, with the amendments as proposed in this report. That is, in the main, that Council provide approximately 317 additional public car spaces to the Town Centre over the next 3-5 years being to the Woolworths Market Square Carpark, Little Street Carpark and Rosenthal Avenue Carpark.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

On-Street Parking Surveys, Saturday 15 December 2007

5 Pages

 

AT‑2 View

On-Street Parking Surveys, Monday 17 December 2007

5 Pages

 

AT‑3 View

Off Street Parking Surveys, Saturday 15 December 2007

21 Pages

 

AT‑4 View

Off Street Parking Surveys, Monday 17 December 2007

21 Pages

 


Ordinary Council Meeting 3 March 2008

 

Environmental Services Division Report No. 19

 

 

 

 

 

Reference:††† Environmental Services Division Report No. 19

Subject:††††††††† Delegated Authority Report - January 2008††

Record No:††† SU1863 - 7398/08

Author(s):†††††† Michael Mason

 

 

 

During the month of January 2008 a total of 58 Development Applications were determined under delegation by staff and 1 by Council.In addition 13 Construction Certificates and 19 Privately Certified Construction Certificates were issued.There were 3 Privately Certified Complying Developments.

 

 

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

List of applications determined for January 2008

8 Pages

 


Ordinary Council Meeting 3 March 2008

 

Environmental Services Division Report No. 20

 

 

 

 

 

Reference:††† Environmental Services Division Report No. 20

Subject:††††††††† Proposed Amendment To Subdivision Policy LO1005††

Record No:††† SU1787 - 7424/08

Author(s):†††††† Michael Mason

 

 

 

Executive Summary

 

Council raised concern that when considering a development application for subdivision there was no ability to consider possible adverse impacts of a future dwelling.This report provides legal advice and recommends the amendment of Councilís current policy for subdivision of undersized lots.

 

Background

 

6/8/07 - Matter arising in response to events surrounding Councilís refusal of a S82A application to reconsider a refusal to subdivide land at 10 Alpha Road and 9 Gamma Road, Lane Cove.

 

†††††† ďThe current planning rules to require applicantís for subdivision to submit with the subdivision application, a development application for a house for approval, are patiently inadequate.

 

After subdivision, when a development application is subsequently lodged there are enormous problems in trying to locate a built form on the site without causing enormous issues for adjoining neighbours and even the applicant themselves.

 

The General Manager is requested to bring back a report to Council on the ability of Council to effectively impose conditions on any built form at the time of the grant of the subdivision approval and what actions could be taken to lobby to have any planning rule deficiencies addressed in regard to subdivision in existing residential areas.Ē

 

Council at its meeting of 19 November 2007 resolved to:

†††††††††††

ď1.Develop a policy to impose conditions that would constrain future buildings for subdivision applications that seek to create allotments that are smaller than usual or environmentally sensitive or where significant impacts on neighbours is likely and careful design is required to minimise them.

 

2.†† Receive on resolution a draft policy.Ē

 

The above resolution was in response to an appeal to the Land and Environment Court by an applicant who received a Court consent to subdivide residential land with no conditions that sought to minimise adverse impacts of any future building.

 

Advice

 

Legal advice was sought from Marsdens Solicitors (AT1) with the view to better understand the reasoning of the Court in subdivision matters and how Council might better minimise adverse impacts caused by subdivision applications that would propose a dwelling house in a subsequent application.

 

The advice provided refers to a range of cases and highlights the need for any development consent condition to satisfy the following test (Newbury District Council vs Secretary of State for Environment [1981] AC 578).

 

The consent condition must:

 

i)††††††††† be imposed for a planning purpose

ii)†††††††† fairly and reasonably relate to the development for which permission is being given; and

iii)†††††††† be reasonable.

 

The above test has been used by various Court Commissioners to argue for or against the imposition of specific conditions which seek to constrain the building form of a dwelling house post subdivision.

 

The advice highlights the view of Senior Commissioner Roseth in support of circumstances when a Council may consider the need to impose building constraint consent conditions should a subdivision application be approved.

 

ďI have adopted the planning principle that a subdivision application should provide constraints on future buildings when the proposed allotments are smaller than usual, or environmentally sensitive or where significant impacts on neighbours is likely and needs careful design to minimise them.Ē

 

Marsdens Solicitors conclude by opining:

 

††††††††††† ďIf having regard to the circumstances of the particular development application for subdivision the Council is satisfied that the proposed lots are smaller than usual, environmentally sensitive or that the resultant in development on land is likely to cause significant impacts on the neighbours unless the future development is designed by someone with a higher than usual level of design skill, it would be open to the Council to impose conditions on the development consent for the subdivision that are appropriate to constrain future development of the land.Those conditions could include a requirement for the building to be contained with a particular building envelope, the prescription of maximum building heights or the prescription of a particular design for future development on the land.Such conditions could require the constraints to be recorded by way of a covenant on the title of the subject lot with an undertaking to the effect that the consent of the Council is required in relation to a variation or release of the covenant.Ē

 

Comment

 

The above advice provides a clear guide for action where Council is satisfied that the resultant lot or lots to be created are smaller than usual, environmentally sensitive or are likely to cause significant impact to neighbours, then it may impose conditions on the development consent for subdivision that are appropriate to constrain future development of the land.Having regard to the above advice it is reasonable that Council amend the existing policy, Council Policy LO1005 (AT2) Subdivision Undersized Lots.

 

It is recommended that Council amend policy LO1005 (see draft amendment (AT3) to more fully articulate Council concerns.

 


Consultation

 

Statement of Intent

 

The consultation is designed to inform the community of the draft policy.Any comments received will be reviewed and evaluated to determine whether or not to proceed with the amended policy.

 

Method

 

Draft Policy

Level of Participation

Inform

Consult

Form of Participation

Open

Open

Target Audience

Whole Community

Whole Community

Proposed Medium

Advertisement,

Public Exhibition at Civic Centre, E-newsletter and

Website Exhibition

Web-Based Survey

Indicative Timing

March/April 2008

March/April 2008

 

 

 

RECOMMENDATION

 

That Council:

 

 

1.†† Acknowledge the legal advice provided and where appropriate give consideration to the imposition of conditions as part of any development consent for subdivision where in Councils view the created lots would cause significant impact to neighbours or are environmentally sensitive to constrain future development of land.

 

2.†† Endorse Draft Policy amendment on Subdivision Undersized and Environmentally Sensitive Lots for the purpose of public exhibition and to come back to Council for formal consideration.

 

3.†† Undertake appropriate community consultation.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Advice from Marsdens Solicitors dated 10 October 2007

7 Pages

 

AT‑2 View

Policy LO1005 Subdivision Undersized Lots

1 Page

 

AT‑3 View

Draft amended Policy Subdivision Undersized Lots LO1005

1 Page

 

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