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Agenda

Ordinary Council Meeting

17 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 17 March 2008 commencing at 7:00PM. 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 17 March 2008

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

public forum

 

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

 

 

CONFIRMATION OF MINUTES

 

1.      ORDINARY COUNCIL MEETING - 3 MARCH 2008

 

Orders Of The Day

 

2.       Order Of The Day No. 7

SUBJECT: Council and Committee Meeting Schedule - April 2008

 

Corporate Services Division Reports

 

3.       Corporate Services Division Report No. 16

SUBJECT: 2008 Local Government Elections

 

Open Space and Urban Services Division Reports

 

4.       Open Space and Urban Services Division Report No. 9

SUBJECT: Lane Cove Tunnel Status Report

 

Environmental Services Division Reports

 

5.       Environmental Services Division Report No. 18

SUBJECT: Draft LEP Amendment No. 66 - 83 & 85 Kenneth Street and 3 Amalfi Place

 

6.       Environmental Services Division Report No. 120

SUBJECT: 1 Gatacre Avenue Lane Cove

 

Human Services Division Reports

 

7.       Human Services Division Report No. 4

SUBJECT: Library Relocation

 

QUESTIONS WITHOUT NOTICE

 

 

 

         


Ordinary Council Meeting 17 March 2008

 

Order Of The Day No. 7

 

 

 

 

 

Reference:    Order Of The Day No. 7

Subject:          Council and Committee Meeting Schedule - April 2008    

Record No:    su1915 - 9105/08

Author(s):       Rebecca Ford 

 

 

Executive Summary

 

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

 

 

April 5                          Inspection Committee

 

April 7                          Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

April 21                        Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

 

 

RECOMMENDATION

 

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

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

    


Ordinary Council Meeting 17 March 2008

 

Corporate Services Division Report No. 16

 

 

 

 

 

Reference:    Corporate Services Division Report No. 16

Subject:          2008 Local Government Elections    

Record No:    SU2990 - 8863/08

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

The report provides information in relation to the next Local Government Elections which are to be held on Saturday, 13 September, 2008. It is recommended the report be received and noted.

 

Discussion

 

The 2008 Local Government Elections were scheduled to be conducted on the 4th Saturday in September, 2008. The Local Government Amendment (Election Date) Bill 2008 has now been passed which changes the date of the election to the second Saturday, 13 September, 2008. It is understood that this was primarily done to avoid the September School Holidays.

 

The New South Wales Electoral Commission is responsible for the conduct of the election. The Commission has advised the following in relation to the election thus far:-

 

1.   The proposed polling places have been consolidated compared to previous elections (Mowbray Road Public School and Osborne Park Pre-school  have been deleted), with a preference to only use venues used for State and Federal Elections. The polling places will be:-

 

All Wards

Cove Room, Lane Cove Council Administration Centre

48 Longueville Road LANE COVE

Central

Lane Cove Public School

Austin Street LANE COVE

Central

Lane Cove West Bowling Club

151 Burns Bay Road LANE COVE

Central

St Andrews Uniting Church Hall

Christina Street LONGUEVILLE

East

Greenwich Community Centre

46-50 Greenwich Rd GREENWICH

East

Greenwich Public School

32 Kingslangley Road GREENWICH

East

Lane Cove Public School

Austin Street LANE COVE

West

Chatswood South Uniting Church

Mowbray Road CHATSWOOD

West

Lane Cove West Public School

Avalon Avenue Lane Cove

West

Lane Cove West Bowling Club

151 Burns Bay Road LANE COVE

West

New Apostolic Church Hall

8 Parklands Avenue LANE COVE

 

2.   A Call Centre will be established to handle all enquiries from the public. A separate Call Centre will also be available for candidates.

 

3.   Candidate Information sessions will be run by the Commission in late May and early June, details will be available from http://www.elections.nsw.gov.au/local_government_elections.

 

4.   Council’s intending to conduct a referendum or poll in conjunction with the general election must notify the commission by 31 May 2008. Council has previously resolved (Corporate Services Division Report No. 38) to further investigate the feasibility of conducting a poll in relation to the provision of a Cultural Centre. It will not be possible for Council to adequately consider the matter of a Cultural Centre in time to meet the deadline, with a workshop in relation to a possible site not due until April. Following this further work is anticipated in relation to a Feasibility Study for any Cultural Centre. Accordingly, it is not recommended that Council conduct a poll at this time. 

 

It is proposed to put a suitable information page containing the above information on Council’s website.

 

 

 

RECOMMENDATION

 

That:-

 

1.         the report be received and noted

 

2.         Council not conduct a referendum or poll in conjunction with the 2008 Local Government Elections.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 17 March 2008

 

Open Space and Urban Services Division Report No. 9

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 9

Subject:          Lane Cove Tunnel Status Report    

Record No:    SU1477 - 9212/08

Author(s):       Wayne Rylands 

 

 

Executive Summary

 

With the Lane Cove Tunnel project drawing to a close, it was considered prudent to provide Councillors with a short update on the project works.

 

The Tunnel has been operational for a year now (opened in March 2007).

 

The Bus Interchange, Bus Lanes, provision for right turn movements for westbound traffic on Epping Road into Centennial Avenue and Parklands Avenue, reduction in general traffic lanes on Epping Road, and the introduction of T2 lanes (24 Hours) on the Gore Hill Freeway, have now been completed and were all officially opened on Sunday, 9 March 2008.

 

There are still some roadworks to be undertaken on Longueville Road, between Epping Road and the Pacific Highway, the pedestrian/cycleway between Pacific Highway and Mowbray Road West is still under construction, the LATM scheme proposed for Mowbray Road West must still be designed (construction drawings) and implemented, and a number of landscape/urban design elements still require further work prior to completion of the project.

 

There will also be ongoing monitoring of traffic and air quality by the RTA.

 

Council will continue to meet with the RTA and discuss the impacts of these issues and the remaining works to be undertaken prior to completion of the project.

 

Discussion

 

The surface works on Epping Road and Longueville Road have progressed significantly since the last Lane Cove Tunnel Status Report in September 2007. The work on the traffic lanes on Epping Road, between Longueville Road and Mowbray Road West, are now virtually complete. However, there are still some significant roadworks to be undertaken on Longueville Road, between Epping Road and the Pacific Highway. This includes adjustment of the southern kerb (a 1.5 metres widening of the road), provision of a central divider island, and the installation of upgraded bus facilities near Phoenix Street.

 

The Bus Lanes on Epping Road and the Bus Interchange opened on Sunday, 9 March 2008. The introduction of the Bus Lanes has resulted in general traffic being reduced to one lane westbound from Centennial Avenue to Sam Johnson Way, and one lane eastbound between Sam Johnson Way and Longueville Road.

 

Council’s initial observations are that this has resulted in extended queuing of traffic along the Epping Road/Longueville Road corridor, and adjoining streets (such as Parklands Avenue, Longueville Road, Centennial Avenue and Sam Johnson Way). However, it is acknowledged that the traffic patterns on the Epping Road/Longueville Road will need time to settle before meaningful monitoring can be undertaken by the RTA. Council has been advised by RTA Officers that this will occur over the next 3-6 months. Council has requested that this monitoring be in the form of Origin/Destination surveys. Council is of the view that this will provide a good picture of what traffic using Epping Road/Longueville Road is not toll avoiding and genuinely needs to use the corridor.

 

Likewise, the RTA will be reinstalling an Air Monitoring Station to the Longueville Road Carpark site (outside Aristocrat) to obtain further data on air quality around the Lane Cove Town Centre. This will then be compared with data collected prior to the Tunnel opening to ascertain air pollution impacts since that opening.

 

The only feedback received to date on the introduction of the T2 lanes on the Gore Hill Freeway is surprise about their hours of operation. The T2 lanes on the Gore Hill Freeway have been implemented for 24 hours a day, seven (7) days a week. It remains to be seen what impacts this may have on city-bound traffic queuing back into Lane Cove, not only in peak periods, but also when there are incidents on the Warringah Freeway or Harbour Tunnel/Bridge outside of the peaks.

 

On the level of service with buses, it was observed, and widely reported in the media, that there was a distinct lack of bus service provision on the first business day following the introduction of the Bus Lanes and opening of the Bus Interchange. This resulted in hundreds of passengers being stranded at the new $5 million facility for up to 45 minutes waiting to board a bus. As a result of this, Minister Watkins pledged (that evening) extra bus services would be provided on the Epping Road corridor from the following day. Observations on the following day were that patrons at the Bus Interchange were able to board buses a lot quicker, suggesting extra bus services had been provided.

 

On the works still to be completed, Council has been advised that the majority of these will be completed within the next month. This includes completion of the combined pedestrian/cycleway, and the roadworks for Longueville Road, between Epping Road and the Pacific Highway. It is envisaged that the Mowbray Road West LATM scheme will be completed by July 2008.

 

Conclusion

 

Council will continue to monitor the impacts of the Lane Cove Tunnel project on the Lane Cove community. If monitoring of the traffic patterns confirms Council’s fears that the reduction in traffic lanes on Epping Road has created worse traffic conditions for Lane Cove residents and businesses, then Council will lobby the government to make changes.

 

It is considered that the benefits that could have been provided to the Lane Cove community have not been as significant as they could have been if the State Government had heeded Council’s advice and provided a six lane (three lanes in each direction) tunnel. Instead, with the provision of a two-lane in each direction tunnel, and one lane in each direction for a significant part of Epping Road, the net benefit for the Lane Cove community is Bus Lanes and a cycleway. The Bus Lanes will provide a benefit if an effective bus service is provided. Unfortunately, with the State Transit fleet of vehicles in a state of decay, no integrated ticketing system on the horizon, and no dedicated bus lanes either side of the Tunnel project extent, Council is doubtful that a beneficial bus service can be provided to the local community that will encourage significant numbers of people to switch to public transport (not just a 4% increase over a year) on this major road corridor.

 

 

RECOMMENDATION

 

That Council receive and note the Lane Cove Tunnel Status report.

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 17 March 2008

 

Environmental Services Division Report No. 18

 

 

 

 

 

Reference:    Environmental Services Division Report No. 18

Subject:          Draft LEP Amendment No. 66 - 83 & 85 Kenneth Street and 3 Amalfi Place    

Record No:    SU3079 - 6545/08

Author(s):       Brendan Metcalfe 

 

 

 Executive Summary

 

Following the exhibition for a period of six weeks of Draft LEP Amendment No. 66 - 83 Kenneth Street and 3 Amalfi Place (DLEP 66), the 15 submissions made during that time are presented for consideration. 

 

Prior to the exhibition of DLEP 66, Draft Amendment No. 67 - 3 Amalfi Place was incorporated into DLEP 66 at the request of the Department of Planning attached at AT1.  DLEP 66 as exhibited would permit the suspension of covenants established with the original creation of Lots 15 and 17 in DP 30816 known currently as 3 Amalfi Place and 83 & 85 Kenneth Street respectively.

 

However, having regard to the submissions, it is now recommended that, in accordance with any procedural requirements,  Council proceed with an amended Plan as attached at AT2, to limit its scope to 83 & 85 Kenneth Street only, as intended originally, and not proceed towards suspension of a covenant over 3 Amalfi Place.

 

Background

 

In December 2006 Draft Local Environmental Plan 1987 Amendment No.62 – 83 & 85 Kenneth Street (LEP No.62) was gazetted. Council had prepared the Draft Amendment for the purpose of suspending a covenant to permit the subdivision of land in accordance with Council’s minimum lot policy and development of two houses in accordance with existing development consents.

 

In March 2007, a legal challenge was lodged with the Land & Environment Court raising concern as to the processing of the DLEP by the Department of Planning. In September 2007, the Court declared DLEP No.62 invalid on the grounds of procedural error by the Minister.

 

A submission had been made in the court case that, in the course of amendments being made to DLEP No.62 after its exhibition, the owner of 3 Amalfi Place had been denied an adequate opportunity to make a submission requesting the same right to have a covenant over their property suspended.

 

It has been confirmed in discussion with legal counsel and the Department of Planning that, in order to achieve the purpose intended in 2006, the required process for Council is to prepare a new LEP amendment for 83 and 85 Kenneth Street and then, subject to consideration of submissions, seek gazettal.  DLEP No.66 was prepared to that effect, adopted at the Ordinary Council Meeting on 2 October 2007 for purposes of exhibition and forwarded to the Department of Planning (s.54 stage seeking exhibition).

 

On 22 October 2007, Council received a request from the owner of 3 Amalfi Place, Longueville to amend the Local Environmental Plan 1987 to permit the suspension of a covenant affecting that property, so as to permit a two-storey dwelling.  The basis given by the owner of 3 Amalfi Place for the present request is to allow comparable development opportunities for both properties to minimise loss of amenity and views, and address an imbalance stated by the Court to be created by the removal of only one covenant between neighbouring properties.  On 19 November 2007, Council adopted Draft LEP Amendment No. 67 - 3 Amalfi Place, which was then forwarded to the Department of Planning (s.54 stage).  The Department’s consent to exhibit Draft LEPs 66 and 67 was on the condition that they both be amalgamated as Draft LEP 66 see AT3.

Draft Local Environmental Plan 2007

 

Clause 15A(1) of the draft Comprehensive LEP (DLEP 2007) includes the following generic suspension of covenants clause, required by the Department of Planning:-

 

“For the purpose of enabling development to be carried out in accordance with this plan (as in force at the time the development is carried out) or in accordance with any consent granted under the Act, the operation of any covenant, agreement or similar instrument, to the extent necessary to serve that purpose, shall not apply to such development.”

 

This means that Council would, in due course gain the power to suspend covenants on this site and any other in the LGA in any case.  However, in view of the lengthier timeframe expected the LGA-wide plan to be finalized, both applicants requested that Draft LEP amendment No. 66 be prepared and adopted.

 

Process

 

The Department of Planning encourages the combination of minor LEPs and has required Draft LEP 66 and Draft LEP 67 be amalgamated in its section 54(4) notice for the LEPs, attached at AT3.  Council complied with the request before exhibiting the Draft Plan.

 

Consultation

 

The Draft LEP was exhibited between 11 January and 22 February 2008.  Consultation was conducted to publicise the draft LEP’s exhibition to the general public,  property owners and other key stakeholders in the vicinity of the affected sites, to provide input as to whether Council should proceed with the proposal to suspend covenants relating to 83 and 85 Kenneth Street and 3 Amalfi Place. Methods of consultation used for DLEP 66 can be seen below in Table 1. 

 

 

 

Involve

Involve

Involve

Inform

Target Audience

Adjoining property owners

Parties to the covenant

Government authorities

Relevant Residents Associations

General Community

Proposed Medium

Direct Notification

Direct Notification

E-mail Mailing List

Public Notice and Website

 

Table 1 Consultation Methods

 

Submissions

 

A total of 15 of submissions were received during the exhibition of DLEP 66, 6 in support of the Draft LEP and 9 objecting.  Submissions are to be circulated to Councillors.

 

Each submission has been summarized and comments raised regarding each of the points are provided in AT4. 

 

The supporting submission’s comments include that:-

·     adoption of DLEP 66 would:-

o  bring certainty to the owners of 83 & 85 Kenneth Street,

o  address the procedural unfairness of DLEP 62, and

o  set a welcome precedent for other properties in Amalfi Place.

·     covenants were an outdated planning practice and that Council’s current planning controls should apply across the LGA. 

Noted were also the facts that:-

·     Council has been required by the Department of Planning to include a generic suspension of covenants clause in DLEP 2007 and

·     that there are existing DA approvals for houses on 83 & 85 Kenneth Street.

 

Issues for objectors to DLEP 66 include:-

·     A loss of property values for those enjoying the benefit of the covenants

·     That the properties burdened by covenants would receive a financial windfall if covenants were suspended

·     There will be a loss of the character intended by the original subdivision

·     That DLEP 66 sets an unwelcome precent for Amalfi Place and for the municipality generally

·     That the amenity issues of height, views and privacy, would suffer as a result of any development application submitted as a result of this DLEP or any suspension of covenant in the area

·     That Council refer all requests for suspension of covenants to the Supreme Court for removal rather than use an amending LEP

·     The question as to why 3 Amalfi Place was included in DLEP 66

·     Heritage restrictions on 30 Mary Street limiting development should other covenants in the area be suspended.

 

Discussion

 

The purposes of the two sites’ proposals do not relate to identical issues.

 

The Draft Amendment for 83 & 85 Kenneth Street: The covenant in this case relates to a restriction of one dwelling on one lot in a subdivision. Its suspension would endorse the subdivision of the land into 2 lots and 2 dwelling houses approved by Council.  Amenity issues such as height, views and privacy were taken into account in granting approval of these development applications.

 

The Draft Amendment for 3 Amalfi Place: The covenant proposed to be suspended in this case relates to a restriction to a single storey dwelling house. Its suspension would permit the development of a two storey house.

 

It is noted that no development application has been lodged for 3 Amalfi Place.  However, although the adoption of Draft LEP 66 as exhibited would not commit Council to giving development consent, if it did not consider this appropriate, it may create an expectation from the owner that Council would give consent for a two-storey house. 

 

Suspending the covenant over 3 Amalfi Place may create an expectation for neighbouring properties with similar covenants restricting development. 

 

It is reasonably assumed that the purchasers of land in the original Amalfi subdivision, as created by a Mr Benjamin, understood it was intended to maintain view corridors of the properties on Mary Street to the Lane Cove River.  These properties paid to establish covenants restricting the height of dwellings, among other development controls over the properties in front.  For the loss of development potential the owner of the land at the time was compensated monetarily.  Over time, new purchasers of these properties bought them with the covenants in place, which in the case of houses with single storey height restrictions and therefore floor space restraints, is expected to have been at lower cost than for unburdened properties. Conversely, the properties benefiting from the covenants are expected to have paid higher prices for the expectation of protected water views.

 

If the “domino” precedent effect in relation to two-storey buildings occurred, the long-standing balance between properties’ amenity and rights would be altered in an inconsistent manner.  For example, not all property owners may be in a position, for financial or other personal reasons, to redevelop their properties to compensate for the additions to nearby homes. Additionally, they may be constrained from redevelopment by a heritage listing, as is 30 Mary Street.

 

It would be difficult to coordinate the overall change in character of the cul de sac as a whole, since DAs would be submitted individually over time.

 

Conclusion

 

After considering the submissions made during the exhibition of DLEP 66, it recommended that the Amendment be limited to its original form for 83 & 85 Kenneth Street only, in view of the fact that it relates to issues which would not have the same potential as 3 Amalfi Place may have to result in a precedent with wider-ranging effects for the Amalfi subdivision as a whole.

 

DLEP 66 as presented at the Ordinary Council Meeting of 2 October 2007 for 83 & 85 Kenneth Street only, as attached at AT1, is recommended to be proceeded with.

 

Essentially the issues to be considered differ between the two sites.  The Kenneth Street site would formalise development consents approved by this Council for the subdivision into 2 lots and construction of a dwelling on each parcel of land.  The Amalfi Place site request Council to lift a height restricting covenant that would have implications for a number of adjoining properties.  Staff are not confident that to permit the removal of the covenant affecting 3 Amalfi Place would be in the interest of adjoining and nearby residents or that potential impacts could be ameliorated reasonably.

 

As such, it is recommended that Council support the Draft LEP to suspend the covenants relating to 83 and 85 Kenneth Street and NOT support the request to suspend the covenant relating to 3 Amalfi Place.

 

 

RECOMMENDATION

 

That Council resolve to:-

 

1.         Receive and note the submissions made during exhibition of the Draft  LEP;

 

2.         Not support the lifting of covenants for 3 Amalfi Place;

 

3.         Support the lifting of covenants for 83 and 85 Kenneth Street only;

 

4.         Endorse staff actions to facilitate 2 and 3 above; and

 

5.         Notify owners and people making submissions of Council’s resolution accordingly.

 

 

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Draft LEP Amendment No.66 - 83 & 85 Kenneth Street

2 Pages

 

AT‑2 View

Draft LEP Amendment No. 66 - 83 & 85 Kenneth St

1 Page

 

AT‑3 View

A revised Authorisation to Exercise Delegation re Section Section 54(4) Notification - Draft Amendments 66 and 67 to Lane Cove LEP 1987

3 Pages

 

AT‑4 View

Draft LEP Amendment No. 66 -  Submission Analysis

6 Pages

 

 

 


Ordinary Council Meeting 17 March 2008

 

Environmental Services Division Report No. 120

 

 

 

 

 

Reference:    Environmental Services Division Report No. 120

Subject:          1 Gatacre Avenue Lane Cove    

Record No:    DA07/191-01 - 9276/08

Author(s):       Peter Thomas 

 

 

Property:                     Road Reserve at the corner of the Pacific Highway and Gatacre Avenue, Lane Cove

 

DA No:                         DA2007/191

 

Date Lodged:              2 October 2007

 

Cost of Work:              $10,000

 

Owner             :                       Lane Cove Council

 

Author:                         Peter Thomas

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Section 82A Review of determination for the erection of a free standing business sign on the road reserve at the north western corner of Pacific Highway and Gatacre Avenue, Lane Cove

ZONE

Business General 3(b)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 10b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours:                 382, 388, 390-392 Pacific Highway, 3                                     Gatacre Avenue, Lane Cove

Ward Councillors:       Councillor D’Amico, Tudge and                                              Lawson

Progress Association:            Osborne Park Progress Association.

 

 

REASON FOR REFERRAL:

 

Deferral from Planning and Building Committee of 19 November 2007.

 

EXECUTIVE SUMMARY:

 

·     The application before Council is for a Section 82A Review of determination of DA 2007/191, which was the refusal of a free standing business sign on the road reserve adjacent to the business premises of the applicant (Comfort Inn).  The proposal was refused under delegated authority on 28 August 2007. 

·     The Roads and Traffic Authority have consistently raised objection to the original proposal, the Section 82A Review and the subsequent request from the Planning and Building Committee to consider further the proposal.

 

·     The Section 82A Review application, subject of this report, was submitted to Council for review of the refusal of the development application.  There have been no changes proposed to the original proposal.  The matter was heard by the Planning and Building Committee at its meeting of 19  November 2007 and the Committee resolved:

 

1.         Advise the applicant that the proposal has been rejected by the RTA.

2.         Seek discussions with the RTA to explore options that may be acceptable to both the RTA and the Comfort Inn

3.         Report back to Council

 

BACKGROUND

 

On 28 August 2007, DA191/2007 for the erection of a 5m high pole sign for a private business (The Comfort Inn) was refused under delegation.

 

A montage of the appearance of the sign and plan is provided in AT1.

 

Refer to AT2 for the original assessment report and AT3 for the Section 82A report.

 

DISCUSSION

 

In accordance with the Planning and Building Committee resolution, the RTA was contacted and their Guidance and Delineation Leader has advised:

 

As per my phone conversation with Ms Li, the Roads and Traffic Authority will not concur to the proposed illuminated advertising signage to be erected at the corner of Gatacre Avenue and Pacific Highway at Lane Cove, as detailed in the development assessment application Da191/2007.

 

Council should consider the option of submitting a DA for an illuminated street name sign which complies with the RTA Policy 99/3.  The advertising panel could then be leased to The Comfort Inn.  It should be noted that it Council was to proceed with this option, you may be inundated with similar requests at other sites within the LGA.

 

 

Refer to AT4, AT5 and AT6 for the Roads and Traffic Authority’s responses of 14 August 2007, 23 October 2007 and 28 February 2008.

 

The proposal was originally rejected by Council on the following grounds:

 

1.         The proposed development does not comply with the Roads and Traffic Authority Policy 99/3 “Illuminated Street Name and Advertising Signs” or the Clear Zone Nomograph from the Road Design Guide.  The RTA does not concur to the proposed illuminated advertising signage to be erected at the corner of Gatacre Avenue and Pacific Highway at Lane Cove.

 

2.         The proposed development does not comply with the objectives of Lane Cove Draft Advertisements and Advertising Structures Manual and the proposed signage would cause unsafe for the general public and cause visual clutter to the streetscape. 

 

3.         The proposed signage would obscure, obstruct or interfere with road traffic signs or motorist vision or otherwise adversely affecting road safety. 

 

4.         The proposed signage is a third party (unrelated to the premises) advertising which is prohibited by Lane Cove Draft Advertisements and Advertising Structures Manual.

 

5.         Approval of this third part advertising would set an unacceptable precedent to the Lane Cove business community. 

 

Following the refusal of the application, the applicant submitted a number of letters outlining their situation.  In brief the applicant has advised that:

 

This motel has been trading in this site successfully for 40 years albeit without the sign now sought.

 

There have however been changes brought about by the Lane Cove Tunnel Project largely obscuring the view of our existing sign to passing traffic on the Pacific Highway.

 

Refer to AT7 for the supporting documents.

 

 

RESPONSE TO NOTIFICATION (Section 79C(1)(d))

 

The Section 82A Review application was notified in accordance with Council’s notification policy.  An objection from the Osborne Park Progress Association was received.  The issues raised in the submission can be summarised as follows.

 

·     The proposed signage does not comply with Council’s guidelines and RTA’s requirements

 

·     The Section 82A Review application has not addressed any of Council’s reasons for rejecting the development application.

 

·     A sign in an alternate location may be preferable.

 

A copy of their submissions are contained in AT8 and AT9.

 

CONCLUSION

 

The application is resubmitted to Council for consideration and review in accordance with Section 82A of the Environmental Planning and Assessment Act 1979 and the Planning and Building Committee Resolution.

 

 

RECOMMENDATION

 

That:-

 

A.         Pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act 1979, as amended, the determination of Development consent 2007/1941 refused on 28 August 2007 for the erection of a business sign on the road reserve at the north western corner of Pacific Highway and Gatacre Avenue, Lane Cove is submitted to the Council for review and determination.

 

B.         In the event that the Council favours the proposal, appropriate conditions be attached to the approval to the satisfaction of Council’s Executive Manager Environmental Services.

 

 

 

 

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Montage and Plan

2 Pages

 

AT‑2 View

Original Report 3 September 2007

5 Pages

 

AT‑3 View

S82A Report dated 19 November 2007

4 Pages

 

AT‑4 View

RTA Letter dated 14 August 2007

12 Pages

 

AT‑5 View

RTA Letter dated 23 October 2007

1 Page

 

AT‑6 View

RTA Letter dated 28 February 2008

1 Page

 

AT‑7 View

Applicants supporting information 11 September and 2 October 2007

4 Pages

 

AT‑8 View

Osborne Park letter dated 9 October 2007

2 Pages

 

AT‑9 View

Osborne Park letter dated 29 October 2007

1 Page

 

 

 


Ordinary Council Meeting 17 March 2008

 

Human Services Division Report No. 4

 

 

 

 

 

Reference:    Human Services Division Report No. 4

Subject:          Library Relocation    

Record No:    su1728 - 9338/08

Author(s):       Jennifer Bice 

 

 

 

Executive Summary

 

Due to the Market Square Development schedule it is necessary that part of the Lane Cove Library be demolished commencing April 2008.

 

On Monday 3 March 2008 Lane Cove Library closed to relocate some services and collections across the road to 164 Longueville Rd. Council advertised the Library reopening at 164 Longueville Rd at 10.00 am Monday 17 March 2008 and at 139A Longueville Rd at 10.00 am on Monday 31 March 2008.

 

Library and other Council staff worked extremely hard and the Library was able to reopen at the 164 Longueville Rd location at 10.00 am Tuesday 11 March 2007 – six days ahead of schedule. While no firm date has been established for the reopening of 139A Longueville Rd it is predicted that the Library will be able to reopen prior to Easter, again ahead of schedule.

 

There will be many changes to Library workflows and some additional staffing pressures but the Library will strive to meet community needs with as little disruption to services as possible.

 

 

Background

 

Lane Cove Library will be unable to offer all services and collections from its normal location of 139A Longueville Rd during the construction phase of the Market Square Development. In 2005 Council prepared for this period by adding an additional floor to the Lane Cove Community Centre at 164 Longueville Rd.

 

Woolworth’s staff notified Council that demolition of the back part of Lane Cove Library would commence April 2008. Council and Library staff began planning for the relocation of some services and collections to 164 Longueville Rd and the refurbishment of the current location (139A Longueville Rd).

 

As advertised the Library closed Monday 3 March 2008 and began the relocation and building work. From Monday 3 March to Friday 7 March 2008 Library relocation specialists, Allied Pickfords relocated approx. 270 bays of books, local studies filing cabinets, map cabinets, computers, desks, etc. across the road to 164 Longueville Rd. Photocopiers and the PC Reservation and printing equipment were also relocated. Library staff shelf checked all relocated collections after they were placed on the relocated shelfs – this process continued during the weekend and Monday. Photos of the move and new library arrangements are included of the move are included as Attachment 1.

 

Professional cleaners steam cleaned carpets and washed windows during the weekend. On Monday 10 March Library staff setup PCs and other equipment, added appropriate signage and tested desk workflows.

 

At 10.00 am Tuesday 11 March 2008 the Library opened its door at 164 Longueville Rd. Signs were displayed outside the Library and staff redirected borrowers who were dropping off books at 139A Longueville Rd book chutes. Staff served morning tea to borrowers who discovered the early opening. Comments were generally positive and no major problems were experienced.

Meanwhile at 139A Longueville Rd carpenters, air conditioning technicians, electricians and security providers have been working hard to prepare the building for reopening the Library.  Tony Fazio, Manager - Special Projects has been co-ordinating operations and predicts that 139A Longueville Rd will be able to reopen prior to Easter.

 

 

Discussion

 

This major adjustment of services and collections will cause some changes to Library service provision for the duration of the Market Square Development construction. The following services and collections will be offered:

 

Lane Cove Library - 164 Longueville Rd (top floor)

 

Adult Fiction and Non Fiction

Local Studies

Reference services

DVDs and Newspapers

Internet, Word processing and email facilities

Wireless access

Photocopying

 

Lane Cove Library – 139A Longueville Rd

 

Junior Library services and collections

Young Adult collection

Magazines and Newspapers

Large Print books and Audiobooks

Literacy and Community Language resources

CDs and DVDs

Wireless access

Photocopying

After hours book chutes

 

Because of building security and staff safety issues 2 Library staff will need to be present on each side of the road, particularly at night and during weekend shifts. Library hours at both locations will be:

 

Monday            10.00 am – 9.00 pm

Tuesday          10.00 am – 5.30 pm

Wednesday     10.00 am – 5.30 pm

Thursday         10.00 am – 9.00 pm

Friday              10.00 am – 5.30 pm

Saturday            9.00 am – 4.00 pm

Sunday            10.00 am – 2.00 pm

 

When the Library is opened items can be returned at either location but after hours book chutes will only be available at 139A Longueville Rd. These chutes are at street level and will be more convenient for borrowers than returning books to the top level of the Community Centre.

 

Storytelling and class visits will be offered from 139A Longueville Rd when the Library reopens. Library public talks will be provided in the meeting room at the Community Centre (164 Longueville Rd) when possible. 2 public talks have been arranged for the National Trust Heritage Festival 2008 on 8 April and 16 April.

 

Library staff are aware that there will be considerable changes to workflows during the Market Square Development construction but are enthusiastic about the end result – an extended Library that can better meet the needs of the Lane Cove community.

 

 

 

RECOMMENDATION

 

That Council receive and note the Report.

 

 

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

AT‑1 View

Photos of Library Relocation

4 Pages