Agenda
Ordinary Council Meeting
21 April 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,
Yours faithfully
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.
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TABLE OF CONTENTS |
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DECLARATIONS OF INTEREST
APOLOGIES
OPENING OF MEETING WITH
PRAYER
ACKNOWLEDGMENT TO COUNTRY
MATTERS
RECOMMENDED BY THE GENERAL MANAGER TO BE CONSIDERED IN CLOSED COMMITTEE
Confidential Items
1. General Managers Report No. 13
SUBJECT: Legal Advice - Acquisition of 47 Burns Bay
Road Lane Cove, (
It is recommended that the Council close so much
of the meeting to the public as provided for under Section 10A(2) (g) of the
Local Government Act, 1993, on the grounds that the report contains advice
concerning litigation, or advice as comprises a discussion of this matter, that
would otherwise be privileged from production in legal proceedings on the
ground of legal professional privilege; it further being considered that
discussion of the matter in open meeting would be, on balance, contrary to
public interest by reason of the foregoing and that the legal advice provides
commercial details concerning the acquisition of 47 Burns Bay Road, Lane Cove.
2. Human Services Division Report No. 6
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 Tender detals,
should they be revealed, may result in commercial disadvantage to parties
involved in the tender process. Some
information provided to Council by Tenderers is provided on the basis that
Council will treat it as commercial in confidence. It is not in the public interest to reveal
all details of these tenders or the assessment process. Tenderers have provided sensitive information
about their operations in the confidence that their details will not be made
public by Council. The practice of
publication of sensitive information provided by Tenderers could result in the
withholding of such information by Tenderers and reduction in the provision of
information relevant to Council's decision.
3. Human Services Division Report No. 7
SUBJECT: Financial Assistance to Community Groups
2008/09
It is recommended that the Council close so much
of the meeting to the public as provided for under Section 10A(2) (a) of the
Local Government Act, 1993, on the grounds that the matter will involve the
discussion of personnel matters concerning a particular individual; 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 Financial
Assistance is used by some organisations for the employment of staff and
therefore disclosure of the funding arrangements is not in the public
interest..
4. General Managers Report No. 14
SUBJECT: Little Lane Carpark Redevelopment - Tenders to
Prepare a Development Application
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
Tender detals, should they be revealed, may result in commercial disadvantage
to parties involved in the tender process.
Some information provided to Council by Tenderers is provided on the
basis that Council will treat it as commercial in confidence. It is not in the public interest to reveal
all details of these tenders or the assessment process. Tenderers have provided sensitive information
about their operations in the confidence that their details will not be made
public by Council. The practice of
publication of sensitive information provided by Tenderers could result in the
withholding of such information by Tenderers and reduction in the provision of
information relevant to Council's decision.
public
forum
Members of the
public may address the Council Meeting on any issue for 3 minutes.
CONFIRMATION
OF MINUTES
5. ORDINARY
COUNCIL MEETING - 7 APRIL 2008
Orders Of The Day
6. Order Of The Day No. 11
SUBJECT: Council and Committee Meeting Schedule - May
2008
General Managers Reports
7. General Managers Report No. 15
SUBJECT: Lane Cove Library Extension as part of Lane
8. General Managers Report No. 16
SUBJECT: Energy
9. General Managers Report No. 17
SUBJECT:
Corporate Services Division Reports
10. Corporate Services Division Report No. 21
SUBJECT: Policy Manual Review Stage 1
Environmental Services Division Reports
11. Environmental Services Division Report No.
151
SUBJECT:
12. Environmental Services Division Report No. 26
SUBJECT: Enforcement Policy
13. Environmental Services Division Report No. 27
SUBJECT: Planning Reforms Submission
QUESTIONS WITHOUT NOTICE
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Order Of The Day
No. 11 |
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Reference: Order Of The
Day No. 11
Subject: Council and Committee
Meeting Schedule - May 2008
Record No: su1915 - 14467/08
Author(s):
Executive Summary
The Council and Committee Meeting Schedule for May
2008 is proposed as follows:-
May 3 Inspection
Committee
May 5 Ordinary
Council
Planning
and Building Committee
Services
and Resources Committee
May 19 Ordinary
Council
Planning
and Building Committee
Services
and Resources Committee
May 31 Inspection
Committee
That the Council and Committee Schedule for May 2008
be adopted. |
Executive Manager
Corporate Services Division
There are no supporting documents for this report.
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General Managers
Report No. 15 |
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Reference: General
Managers Report No. 15
Subject: Lane Cove Library
Extension as part of Lane Cove Market Square Redevelopment
Record No: SU1460 - 14475/08
Author(s): John Lee
Executive Summary
This report recommends that Council supports in
principle the concept of a reinforced concrete slab over the Library, suitable
for future civic uses, being built as part of the current
Background
The Deed between Council, Fabcot P/L and Woolworths
Ltd dated 6 July 2004 contemplated the design of the building being capable of
supporting an additional floor over the Library for civic purposes.
Discussion
Since signing the deed, significant consideration has
been given on options to achieving community space within new buildings. While no planning approval contemplates an
additional civic space above the Library, should Council decide sometime in the
future that such additional space was economically desirable, there would be
significant cost and disruption to relocate a larger (than current) Library and
some of the retail shops while the metal roof is removed and a concrete slab is
constructed.
As the detailed building design is currently underway,
there is significant merit in incorporating a slab over the Library into the
design and having, subject to any necessary approvals, the slab roof
construction incorporated into the building.
Woolworths have advised that the difference in price to upgrade the
currently designed metal deck roof vs. a concrete roof is in the order of
$550,000.
Conclusion
Should Council agree in principle, it is proposed that
the General Manager be delegated authority to negotiate with Woolworths to
progress the concrete roof slab design option in lieu of a metal roof and if
the costs are of the order indicated, without implicating the functionality of
the Library, to also obtain the necessary approvals if and when appropriate.
That the General Manager be delegated authority to
negotiate with Woolworths to progress the concrete roof slab design option in
lieu of a metal roof and if the costs are of the order indicated, without
implicating the functionality of the Library, to obtain the necessary
approvals if and when appropriate. |
General Manager
General Managers Unit
There are no supporting documents for this report.
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General Managers
Report No. 16 |
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Reference: General
Managers Report No. 16
Subject: Energy Australia
Easements associated with
Record No: SU1460 - 14570/08
Author(s): John Lee
Executive Summary
This report seeks Council’s approval to the creation
of easements in favour of Energy
a) to increase the size of
the existing substation facility adjacent to the Library to include a second
substation adjacent to the existing “Library” substation; and
b) complete a network loop
between the existing substation adjacent to the Library a substation to service
the Woolworths Supermarket and Public Carpark and an existing substation behind
BWS and adjacent to the walkway beside BWS store 54 Burns Bay Road (Lot 11 DP
599757).
Woolworths advise Council’s agreement is required at
this stage to allow the structural design for the
Background
When the energy requirements for the
Energy
Discussion
The cable route is shown in Attachment 1.
Library Easement
Extension,
Energy
Completion of network
link Lot 2 DP 531921
After significant investigation on alternate solutions
to complete the network link without including Council’s land (Lot 2 DP
531921), it is concluded that it is in Council’s interests to agree to an
easement located along the northern boundary of Lot 2 DP 531921, and across Lot
167 DP658959, across Lot 9 DP 525840 including the area required for a
substation pad and Lot 7 DP 525839 as shown by white lines below.
The new cabling shown in Attachment 1 would link the
new substation near the Library, extend along the property boundary along
The route is also indicated on the aerial photograph
in Attachment 3.
There is a large tree near the corner of Lot 2 DP
531921. One of the conditions for
agreement is that conduits / cabling would need to be bored under the tree in a
manner to protect the tree roots from serious damage.
Woolworths / Fabcot P/L would also be required to
agree to an easement from
Woolworths have forwarded Energy
Conclusion
There is merit in ensuring that the supermarket and
carpark is capable of being fed from more than one direction and therefore in
Council’s interests to agree in principle to the creation of an easement for
electricity purposes over Lot 2 DP 531921, Lot 167 DP658959, Lot 9 DP 525840
including the area required for a substation pad, Lot 7 DP 525839 and the area
required for a substation pad on Lot 2 DP 575901. The tree will need to be protected and boring
for conduits below the tree root system and associated work is required.
That:- 1 Council agree to the
creation of an easement for electricity purposes over Lot 2 DP 531921, Lot
167 DP658959, Lot 9 DP 525840 including the area required for a substation pad,
Lot 7 DP 525839 and the area required for a substation pad on Lot 2 DP
575901, subject to: a) Woolworths meeting all
associated costs; b) All work (including boring
for conduits) in the vicinity of the tree over the proposed easement being
undertaken in a manner that protects the tree; 2 The Mayor and General
Manager be authorised to affix the seal, if required, and to sign the
associated documentation to create the easement for electricity purposes over
Lot 2 DP 531921, Lot 167 DP658959, Lot 9 DP 525840 including the area
required for a substation pad, Lot 7 DP 525839 and the area required for a
substation pad on Lot 2 DP 575901. |
General Manager
General Managers Unit
AT‑1 View |
Att 1 Easement Skecth
Plan |
1 Page |
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AT‑2 View |
Att 2 Aerial view of
Second Substation near Library |
1 Page |
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AT‑3 View |
Att 3 Aerial view of
easements for cables |
1 Page |
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General Managers
Report No. 17 |
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Reference: General
Managers Report No. 17
Subject:
Record No: SU2627 - 14656/08
Author(s):
Executive Summary
A new Australian stock exchange aiming to emulate the
US NASDAQ index with a focus on technology and innovation stocks was launched
on Wednesday 26 March 2008. The
exchange, known as the Asia Pacific Technology Exchange (APTEX) to be based in
Background
Approximately 12 months ago the National Stock
Exchange (NSX) began discussions with a number of organisations about the establishment
of a regional stock exchange for
This corresponded with the release of a Business Plan
for the economic future of the northern
This Business Plan laid the ground work for the
establishment of the Pacific Technology corridor out of which Enterprise
Pacific Ltd was formed.
Enterprise Pacific Ltd is a not for profit company
established to plan, form, promote and develop the corridor (also referred to
as Sydney Global Technology Arc) for the betterment of the region as well as
NSW/Australia generally.
The APTEX is the result of a successful joint venture
between Enterprise Pacific Ltd and the NSX.
The NSX is already the owner and operator of
Australian Market Licences or Stock Exchanges in
Current Situation
With the launch of the APTEX on 26 March, (see various
news articles Attachment 1) Council has been invited to take a stakeholder role
in the formatting and structuring of the NSX exchange. (Attachment 2).
As I understand it there will be a range of different
Stakeholders but Council’s role as a Stakeholder would be limited to providing
comment and input to the planning process.
Stakeholders are not required to make any financial
contribution and most importantly will assume no liability for the APTEX.
Over the past few years the Mayor and myself have been
involved in numerous meetings and forums helping to promote the
In February, along with the Executive Officer of
NSROC, Mr Dominic Johnson, we met with the Chairman of Enterprise Pacific Ltd,
Mr Geoff Mullins, and the Chief Executive Officer of the NSX, Mr Richard Symon,
and offered our in principle support to the establishment of the APTEX. Mr Wrightson attended the launch of APTEX on
Council’s behalf on 26 March 2008.
Should Council agree to become a Stakeholder a request
has been made for our permission to be named as a Stakeholder in correspondence
to other Stakeholders. Council can also
terminate its role as a Stakeholder immediately should it wish to by giving
written notice.
Conclusion
The
establishment of the APTEX in
Council has been generally supportive until this point
and it would seem reasonable to now become a Stakeholder within the context
given and to continue that support.
That Council become a stakeholder in the APTEX
project noting that:- (i) no financial
contribution is required; (ii) no liability is
assumed under this project; and (iii) Council can terminate
its involvement at any time. |
General Manager
General Managers Unit
AT‑1 View |
Various news articles on
APTEX launch |
7 Pages |
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AT‑2 View |
Letter of invitation |
2 Pages |
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Corporate Services
Division Report No. 21 |
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Reference: Corporate
Services Division Report No. 21
Subject: Policy Manual
Review
Record No: SU241 - 13413/08
Author(s):
Executive Summary
The Lane Cove Council Policy Manual (“Policy Manual”)
provides a list of all policies adopted by Council. To ensure that the Policy Manual continues to
be a useful and current document, Council has undertaken a review of the
policies contained within. This report
forms the first of a series of reports to Council on the findings of the review
and recommendations to Council for amendment to the Policy Manual (policies falling under headings A to K).
Background
All of Council’s policies
are contained in the Policy Manual. The policies relate to various subjects
across all Council divisions, on matters ranging from the keeping of animals,
community consultation, fences, personnel to local libraries.
The ‘Review of Council
Policies’ policy at D01004 of the Policy Manual states that a review of
Council's policies be carried out every 4 years in the third year of Council's
term.
Discussion
Corporate Services has
commenced an organisational review of the current Policy Manual. This report
constitutes the first of a succession of reports to be made to Council on the
results of the review. Given the
extensive nature of the Policy Manual, it is intended that a report to Council
will be made in parts (in alphabetical order) so that Council is provided a
genuine opportunity to consider any proposed amendments.
The previous review of the
Policy Manual was carried out in 2003 and the recommendations of that review
were reported to Council. The review in that instance was based on “working
legal principles” adopted as follows:
“1. A policy must be flexible in form and substance and must not be
worded in dogmatic or mandatory terms.
In other words, it must always be possible for a
person to show cause why some policy should not apply, or should apply with
certain modifications, in his or her particular case.
2. A policy must not truncate discretionary decision making.
In other words, a policy must not fetter Council’s
discretion, nor bind Council to act in a certain way in all cases.
3. A policy must assist in providing consistency
in administrative discretion-making whilst at the same time permitting each
matter to be properly considered and determined on its own individual merits.
4. A policy must not be inconsistent with or
repugnant to primary legislation, secondary legislation or the general law.”
This report provides
recommended amendments for policies falling under headings A to K. As noted in
Council’s previous review of the Policy Manual, many of the policies originated
out of a response to a perceived problem in the past and the value of such
policies may have diminished over time given a change in circumstances.
In addition, where Council
has adopted a policy which effectively supersedes a policy in the Policy
Manual, amendments to minimise repetition are recommended.
Recommended Amendments
Attached at AT-1 is the
Policy Manual from headings A to K with the recommended amendments shown
throughout i.e. proposed deletions are indicated with strikethrough text and
additions in Italics. The references to REVOKED are from previous policy manual
reviews.
The following is commentary
on the policies to be amended as shown in AT-1. Where a policy is not being
reviewed at the same time as the current series, a separate report will be
produced for consideration by Council at a later date (e.g. policies under heading
B02000 Building Proposals). Only policies recommended for amendment are listed
with commentary as below:
A01001 – Advertising Structures
This policy is currently
under review by the Environmental Services Division and will be the subject of
a separate report to Council.
A03001 – Animals
It is recommended that the
policy be deleted as the matter is covered by Policy No A03007 – ‘Keeping of
Animals’.
A03002 – Dog signs
It is recommended that the
as the matter is covered by Policy No A03007 – ‘Keeping of Animals’.
A03003 – After Hours Impounding Facilities
The currently policy
requires Council to utilise the services of locally veterinary hospitals for
impounding dogs after hours. This policy dates back to 1999 but has not been
possible to utilise in recent years due to the local veterinarians not
providing suitable facilities. Council’s
current holding yard for animals is provided by Blacktown Council and animals
are transferred as required. It is
recommended that as this is an operational matter the policy be deleted.
A05001 – Appeals – Development and Building Applications
This policy will be
considered in a later stage of the review.
B01001 – Bill Posters
The existing policy relates
to the removal of bill posters predominantly relating to elections. The policy should apply to all Bill Posters
and has been reworded accordingly. From an operational perspective it should be
remembered that such is removal is not a high priority matter and there are no
dedicated resources for the task, e.g. ladders etc. It is recommended the
policy be amended.
B02001 - Neighbour Notifications to BO2030 – Australian Height Datum
This policy will be
considered in a later stage of the review.
C01002 – Kindy Cove Child Care Centre – Management
The Kindy Cove Management
Advisory Committee have reviewed the policy and recommended the following:
· Reduction of the quorum
from six Committee members to five (Clause 2(a) ii.). The Committee believes a
quorum is effective at five members of which at least two shall be parents,
plus the Centre Director.
· Introduction of a clause
that allows for the circulation of motions for voting (Clause 2(a) vi.). Emails
will be added to the official record of the Management Advisory Committee and
retained.
· The provision of email
voting for absent Committee members (Clause 2(a) vii.). Emails will be added to
the official record of the Management Advisory Committee and retained for
proof. It is not intended that email voting will be the normal practice.
It is recommended that this
policy be amended accordingly.
C02002 – Purchase Orders for Community Groups
This policy relates to
provision of sales tax exemption and it indicates Council would not issue
purchase orders on behalf of community groups to avoid the tax. Sales tax exemptions are no longer
applicable, however, GST now applies. It is recommended the policy be altered
to refer to the Goods and Services Tax GST.
C02003 – Lease of Properties to Clubs and Organisations
This policy relates to the
leasing of property to clubs and organisations. This policy has been updated to
encompass Council’s passive smoking policy, maintenance responsibilities and
standard terms for lease. The title of the policy has also been amended to
‘Leasing of Council Property’, in order to reflect the application of the
policy to all leases of Council premises.
In addition, the amended
policy requires Lessees/Licensees to obtain public liability insurance in the
amount of $10 million as this is the current standard. Currently, the policy
provides that Greenwich Memorial Community Centre not be subject to a lease,
which is a historical practice and goes against Council’s current procedure of
requiring all occupiers of Council premises to have a formal lease or license
agreement. It is recommended that this policy be amended accordingly.
C02004 – Financial Support
This policy relates to the
provision of financial support to organisations by Council. Council’s existing financial assistance grant
program is based on Policy C02006 ‘Financial Assistance to Community Group’s’
and therefore it is recommended that policy CO2004 be deleted.
C03000 – Consultant Submissions and Reports
This policy requires the
report to Council in relation to the appointment of consultants to include in
the attachments a copy of all submissions and where appropriate, short listed
consultants be invited to address the Council’s policy & corporate
development committee. This has not been
Council’s practice for some time, the policy dates back to 1983. Rather than a
Policy, this matter is considered to be procedural. It is recommended that the
policy be deleted.
Policy C04001 – Written Reports of Conferences
This report requires that
Councillors provide written reports on any conference that they attend. This policy has not been in practice during
the term of the current Council and it is therefore recommended that the policy
be deleted.
C04003 - Entry By Councillors On Invitation
The model Code of Conduct
from the Department of Local Government (Clause 8.7 Inappropriate
interactions) indicates that it is
inappropriate for Councillors to enter development sites on their own. It is
therefore recommended that the policy be deleted.
Policy D01003 - Conflicts of Interest Policy
This policy is now covered
by the Code of Conduct which is prescribed by the Department of Local
Government. It is therefore recommended
that the policy be deleted.
D01004 - Review of
Council's Policies
As the policy currently
refers to the Policy and Corporate Development Committee it is proposed to
modify the policy to refer to Council.
Policy D01005 – Register of Legal Opinions
This policy requires that
Council maintain a register of legal opinions. All registered opinions are
maintained in Council’s record system, however, a register per se has not been
maintained for many years. Documents can
be accessed via the records system as required, and given that this is largely
an operational matter it is recommended that it be deleted.
Policy D01006 – Council’s Logo
The current policy guides
the use of Council’s logo. In point 2
however, it states that the use of Council’s logo or letterhead be supplied for
use by Councillors “in any manner which they feel is prudent and which
correctly reflects council to the public”.
Clause 4 of the Policy requires Councillors to acknowledge that the use
of the logo is as an individual writing, not Council. Recent discussions in
relation to this matter suggests that a Councillor should not have access to
utilise Council’s letterhead as an individual, as the Councillor is not
representing the Council. It is recommended that this section of the policy be
deleted. If Councillors require
letterhead, the letterhead would read ‘Councillor XYZ – Lane Cove Council’. It is recommended the policy be amended
accordingly.
D01007 – Land & Property Portfolio
This policy requires
Council to review its portfolio each year to determine whether to dispose of
any property. This policy has not been
enacted for many Council terms, however, Council has undertaken considerable
work in relation to improving the utilisation of its property assets. It is recommended that the policy be deleted.
D01008 – Fixing of Council’s Seal
This policy governs the use
of Council’s Seal, it is recommended that in relation to Clause 3 it be amended
to read ‘that the seal of council only be affixed where it is pursuant to a
resolution of Council’. The existing
clause states that such can be affixed for the purpose or authentication or
identification without a Council resolution, however, the Local Government Act
specifically requires that a resolution be made to attach the seal, therefore
this clause needs to be modified. It is recommended the policy be amended
accordingly.
D01011 - Use of Local Contractors
The Governance Health Check
undertaken by Council in 2005 made a number of best practice recommendations,
including the removal of this policy as it is restraint of trade and not based
on merit appointment. It is therefore recommended that the policy be deleted.
D03002 - Illegal Uses
This policy will be
considered in a later stage of the review.
D03004 - Section 149 Certificates
This policy will be
considered in a later stage of the review.
D04001 - Display of Goods on Council Footpaths
This policy is currently
under review by the Environmental Services Division and will be the subject of
a separate report to Council.
E01001 - Exhibitions of Policies – Environmental Services
This policy is now covered
by Council’s comprehensive Consultation Policy C03002. It is recommended that
the policy be deleted.
F01003 - Contributions to Common Boundary Fences
The existing policy is
unclear as to its applicability. The policy states Council will make a
contribution towards common boundary fences where required by legislation. In
practice, Council for at least the past 10 years has not made a contribution to
common boundary fences as Council is exempt under the legislation, specifically
s25 of the Dividing Fences Act
1991 states:-
25 Application of Act to Crown and local
authorities etc
(1) This Act does not operate to impose any
liability, or to confer any rights, with respect to dividing fences on:
…
(b) a council of a local government area, or any
trustee or other person or body, in respect of land vested in (or under the
care, control and management of) the council, trustee, person or body for the
purposes of a public reserve, public park or such other public purposes as may
be prescribed, or
…
Given Council’s practice
and the effect of the policy, it is recommended the policy be deleted and allow
the Dividing Fences Act to
govern the matter.
F02001 – Expenditure not to exceed estimate heightened report by
Councillors
This policy dates back to
1991 and prior to the 1993 Local Government Act requirements relating to the
Quarterly Budget Review which identifies major changes to income and
expenditure. It is therefore recommended that the policy be deleted.
F02003 – Applications of Grants
This policy requires that
Council be informed of any grants being sought where a contribution is required
from Council. It is current practice
that such applications are only referred to Council if there are insufficient
funds within the Budget to meet Council’s obligations should the grant be
obtained. It is proposed to amend the policy to reflect this and as the policy
currently refers to the Policy and Corporate Development Committee, modify the
policy to refer to Council.
F02008 – Property Acquisition and Open Space 4 year Program
This policy of purchasing
Open Space dates back to 1987 and is now superseded by Council’s Major Projects
Strategic Plan. It is recommended that the policy be deleted.
F02009 – Reserves
This policy outlines the
Reserves that Council shall establish to fund future expenditure. A review of this policy has not been
undertaken in some time, at this stage of the Reserves listed, Council does not
maintain a reserve for the replacement of the library computer, funding of the
Pavement Management System, Acquisition of Artwork, and Centenary of Lane Cove. These Reserves have been discontinued
sometime ago and one additional reserve which Council has established is the
Lane Cove Aquatic Centre. It is
therefore recommended that the 4 reserves mentioned be deleted and a new
reserve be added for the Lane Cove Aquatic Centre to the policy. The policy also mentions that the reserve for
Employee Leave Entitlements should be funded up to 33%, however, Council is
currently required by current financial regulations to fund it at the rate of
50%.
G01002 – Community Profile
The objective of this
policy is to provide up to date census statistical information to local
organisations. Council has since this
policy was developed purchased the ID Profile Software which provides free
access to all persons to up to date census statistical information. It is therefore recommended that the policy
be deleted.
H01003 – Use of Chloroflurocarbons
This policy recommends that
Council not purchase items which use chloroflurocarbons as propellant. This
type of propellant has been largely been discontinued in the marketplace and
therefore the policy is no longer required.
It is recommended that the policy be deleted.
Conclusion
The above policy amendments
ensure the policy manual is up to date with current practice and legislation.
None of the amendments or deletions are such that it is considered necessary to
undertake community consultation. Further reports will be submitted in the
coming months in relation to the remainder of the Policy Manual.
That Council amend the
policies in the Policy Manual that are listed in attachment AT-1 – Policy Manual Recommended
Amendments (From A-K) dated 16 April 2008 as shown in that Attachment. |
Craig Wrightson
Executive Manager
Corporate Services Division
AT‑1 View |
Policy Manual Recommended
Amendments (From A-K) |
123 Pages |
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Environmental
Services Division Report No. 151 |
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Reference: Environmental
Services Division Report No. 151
Subject:
Record No: da07/302 - 12926/08
Author(s): Rajiv
Shankar
Property:
DA No: D302/07
Date Lodged: 8 October 2007
Cost of Work: $480 000
Owner : H
Inkson
Author: Rajiv Shankar
DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION |
Demolition of existing first floor, swimming pool and front fence
and alterations and addition to
existing dwelling house including first floor addition, swimming pool,
carport and front fence. |
ZONE |
Residential 2(a2) |
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 1a & 10b |
STOP THE CLOCK USED |
Yes |
NOTIFICATION |
Neighbours 13,
15, 17, Ward Councillors Clr
R D’Amico, Clr R Tudge, Clr T Lawson. Progress Association |
REASON FOR REFERRAL:
The application was originally referred at the request of Councillor
Longbottom, to allow Councillors to consider the roof terrace. At the Planning
and Building Committee Meeting of 17 March 2008, the application was deferred
for redesign. The applicant seeks
determination of the application in its current form.
EXECUTIVE SUMMERY:
Council’s Planning and Building Committee at its meeting of the 17th
March 2008 considered a development application for alterations and additions
to the existing dwelling house.
The Committee resolved as follows:
“That consideration
of the item be deferred to permit the applicant to submit a plan with a
redesign of the top attic room”.
The applicant by letter dated 31 March has declined to amend the
proposal, and has requested that the application be determined in its present
form, which includes the roof deck.
The application for
alterations and additions is supported, subject to the deletion of the roof
deck.
SITE:
The site is located on the eastern side of
The site features a two storey brick and tile dwelling house with a
detached outbuilding along the northern side boundary towards the rear. There
is an existing swimming pool towards the rear. There is a street tree which is
not proposed for removal. There is a tree along the rear boundary which is
indicated for removal.
Neighbouring to the north is a two storey brick dwelling house and
towards the south is a two storey dwelling house. Original Site Plan and amended Site Plan (not
renotified) attached AT1 and AT2.
Neighbour Notification Plan AT3.
PROPOSAL:
The
proposal is for the demolition of:
o The
existing first floor portion of the two storey dwelling house.
o The
existing swimming pool towards the rear.
o Existing
front fence.
The
proposal includes:
o Alterations
to the existing ground floor.
o First
Floor addition.
o Roof
top terrace over the first floor addition with stair access.
o A
swimming pool towards the rear of the property.
o Carport
towards the front of the dwelling house.
o Front
fence.
PREVIOUS APPROVALS/HISTORY:
D278/92-
PROPOSAL DATA/POLICY COMPLIANCE:
Site
Area (653.07m2)
|
PROPOSED |
CODE |
COMPLIES |
Floor
Space Ratio (max) |
0.49 |
0.5 |
Yes |
Soft
Landscaped Area (min) |
35% |
35% |
Yes |
Side
Boundary Setback (min) |
1330mm
(Existing/unchanged) |
1200mm/1500mm |
Yes |
Overall
Height (m) (max) |
9.2m |
9.5m |
Yes |
Ceiling
Height (m) (max) |
8.8M
(stair roof) |
7.0m
|
NO |
No
of Storeys |
3
(stair roof) |
2 |
NO |
Building
Line (max) |
Existing/Unchanged |
7.5 |
Yes |
|
NA |
NA |
NA |
Cut
and Fill (max) |
NA |
1m |
NA |
Deck/Balcony
width (max) Ist
Floor rear balcony Roof
Terrace |
2.5M 4.5m |
3m
(if elevated by >1m) |
Yes NO |
Solar
Access (min) |
Existing |
3
hours to north elevation |
Yes |
Basix |
Yes |
Required |
Yes |
CARPORTS IN FRONT OF BUILDING LINE
|
PROPOSED |
CODE |
COMPLIES |
Building
Line (min) |
6.0m |
7.5m |
Yes |
Proportion
of Allotment Width |
|
50%
or 6m, whichever is the lesser |
|
Setback
of Posts (min) |
4.5m |
1m |
Yes |
FENCING
|
PROPOSED |
CODE |
COMPLIES |
Height
(max) |
1800mm |
1800mm
(see through fences) |
Yes |
%
Open Where > 900mm in Height (min) |
50%
(as a condition of consent) |
50% |
Yes |
Setback
From Front Boundary if >900mm in height (min) |
50%
open (as a condition of consent) |
No
required |
Yes |
Splays
|
Width
of the gate is more than 4.5m. Therefore splays not required. |
1m |
Yes |
SWIMMING POOLS
|
PROPOSED |
CODE |
COMPLIES |
Concourse
Edge to Neighbour’s House (min) |
8.0m |
3m |
Yes |
Setback
from boundary if concourse is <500mm above natural ground level (min) |
1300mm |
900mm
-from internal face of pool 450mm
from edge of concourse |
Yes |
REFERRALS:
Manager Assets
No
objection expressed subject to conditions.
Manager Parks
No
objection expressed subject to conditions.
79 (C)(1)(a)
The provisions of any Environmental Planning Instrument
Lane Cove Local Environmental Plan 1987
The subject site is zoned
Low Density Residential 2 (a2) under the provisions of Lane Cove Local
Environmental Plan 1987. The proposal is
permitted with development consent of Council.
Draft Lane Cove Local
Environmental Plan 2007
There are no additional
provisions that need to be considered with respect to the draft LEP.
Lane Cove Code for Dwelling
Houses – September 2000
As
indicated in the policy compliance table, the proposal complies with all
provisions of the code except:
o maximum
ceiling height,
o number
of storeys,
o width
of the roof terrace.
Variations to Council’s
Codes/Policies
The
proposal does not comply with the provisions for maximum ceiling height, number
of storeys and width of the roof terrace, however the proposal is considered
acceptable with the following amendments.
(a) The portion of stair from the first floor,
leading up to the roof terrace, is deleted as a condition of consent.
(b) The proposed roof terrace is deleted as a
condition of consent.
Sydney Regional Environmental Plan (
The SREP aims to recognise, protect, enhance and maintain the catchment,
foreshores and waterways and islands of
Under the DCP the proposed works are Land
Based Development and therefore subject to Section 5. For the same
reasons as given for the SREP, the proposed works would not raise any
significant issues in relation to the two relevant sub-sections, i.e. 5.3 (Siting of buildings and structures) and
5.4 (Built form).
79C(1)(b) - The likely impacts of
that development, including environmental impacts on both the natural and built
environments, and social and economic impacts in the locality.
It is considered that the proposed development
is unlikely to adversely impact on the residential amenity of the locality and
is in keeping with the scale and character of contextual development.
Adjoining development comprises a single
storey dwelling house towards the south and two storey dwelling house towards
the north. The proposal is compatible with surrounding dwelling houses and is
complementary to the existing built form.
It is therefore considered that the proposed
development is unlikely to significantly impact on the streetscape and
adjoining and surrounding development.
Privacy
A roof top terrace over the first floor has
been proposed. The terrace is accessible through a permanent staircase from the
first floor. The size of the proposed roof terrace is 3.5m X 4.5.m. It is
considered that the terrace can be used for entertainment purposes. Furthermore
the terrace has a potential to overlook on the adjoining properties which would
impact adversely upon the residential amenity of the adjoining properties in
terms of visual and acoustic privacy. Therefore, the roof top terrace, along
with the stair access, is not supported and it is considered should be deleted
as a condition of consent.
Section 79C(1)(c) - The suitability of the site for the development.
The proposal maintains the residential use of
the site. Accordingly the site is considered suitable with respect to the
proposed development.
Section 79C(1)(d) - Any
submissions made in accordance with this Act or Regulations.
The proposal was advertised in accordance with
Council’s policy of Community Consultation. No submissions were received. It may be noted that the
proposal, as stated in the notification letters was:
“Alterations
to dwelling – demolish upper storey/ new pool & carport”.
There
was no indication in the notification letter that the proposal has a roof top
terrace.
Section 79C(1)(e) - The public interest.
With the exception of the proposed roof
terrace, the proposed development is considered satisfactory with respect to
design objectives and provisions under Council’s Code for Dwelling Houses
CONCLUSION
The application has been assessed having
regard to the relevant Planning Instruments and Council controls, as well as
public good and suitability of the site. The proposal, without the proposed
roof terrace, is considered to be satisfactory subject to the following
conditions. The matters under Section 79C of the EP&A Act have been considered
and are considered to be adequate and satisfactory.
That pursuant to Section 80(1)(a) of the Environmental Planning and
Assessment Act, 1979, as amended, the Council grant consent to Development
Application D302/07 for demolition of existing first floor, swimming pool and
front fence and alterations and addition to existing dwelling house including
first floor addition, new swimming pool, carport and front fence at 12
Chisholm Street, Greenwich subject to the following conditions: - 1. (20) That the
development be strictly in accordance with drawing number o A1 Rev (A) dated January’ 08 by Mitchell Partners,
Architects. o A2 dated September’ 06 by Mitchell Partners,
Architects. 2. The gaps within the
horizontal members of the front fence and the gates shall not be less than
the width of the horizontal members. 3. The portion of stair from the first floor leading up to the roof
terrace is to be deleted. Amended plans are to be submitted prior to issue of
the Construction Certificate. 4. The proposed roof terrace is to be deleted. Amended plans shall be
submitted prior to the issue of the Construction Certificate. 5. The roof of the
dwelling house is to be amended to a continuation of the roof profile,
excluding the roof terrace. 6. (1) The submission of a
Construction Certificate and its issue by Council or Private Certifier PRIOR
TO CONSTRUCTION WORK commencing. 7. (2) All building works
are required to be carried out in accordance with the provisions of the
Building Code of Australia. 8. (137) Lane Cove Council charges a fee of $30 for
the registration of any Part 4A Certificates (compliance, construction,
occupation or subdivision certificates) issued by an accredited certifier
under the Environmental Planning and Assessment Act. 9. (11) The approved plans
must be submitted to a Sydney Water Check agent or Customer Centre to
determine whether the development will affect Sydney Water’s sewer and water
mains, stormwater drains and/or easements, and if further requirements need to
be met. Plans will be appropriately
stamped. For Quick Check agent details
please refer to the web site www.sydneywater.com.au see Your
Business then Building & Developing then Building & Renovating or telephone
13 20 92. The
consent authority or a private accredited certifier must:- · Ensure that a Quick Check
agent/Sydney Water has appropriately stamped the plans before the issue of
any Construction Certificate. 10. (12) Approval is subject
to the condition that the builder or person who does the residential building
work complies with the applicable requirements of Part 6 of the Home Building
Act 1989 whereby a person must not contract to do any residential building
work unless a contract of insurance that complies with this Act is in force
in relation to the proposed work. It
is the responsibility of the builder or person who is to do the work to
satisfy Council or the PCA that they have complied with the applicable
requirements of Part 6. Council as the PCA will not release
the Construction Certificate until evidence of Home Owners Warranty Insurance
or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT
APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN
$5000 OR CONSTRUCTION WORKS LESS THAN $12000. 11. (17) An Occupation Certificate being obtained
from the Principal Certifying Authority before the occupation of the
building. 12. (35) All demolition,
building construction work, including earthworks, deliveries of building
materials to and from the site to be restricted to the following hours:- Monday to Friday (inclusive) 7.00am to 5.30pm Saturday 7.00am
to 4.00pm No work to be carried out on Sundays or any public
holidays. 13. (36) Stockpiles of topsoil,
sand, aggregate, spoil or other material capable of being moved by water to
be stored clear of any drainage line, easement, natural watercourse,
footpath, kerb or roadside. 14. (37) The development
shall be conducted in such a manner so as not to interfere with the amenity
of the neighbourhood in respect of noise, vibration, smell, dust, waste
water, waste products or otherwise. 15. (48) Depositing or
storage of builder's materials on the footpath or roadways within the
Municipality without first obtaining approval of Council is PROHIBITED. Separate approval must be obtained from Council's
Works and Urban Services Department PRIOR TO THE PLACEMENT of any building
waste container ("Skip") in a public place. 16. (49) Prior to the
commencement of any construction work associated with the development, the
Applicant shall erect a sign(s) at the construction site and in a prominent
position at the site boundary where the sign can be viewed from the nearest
public place. The sign(s) shall
indicate: a) the
name, address and telephone number of the Principal Certifying Authority; b) the
name of the person in charge of the construction site and telephone number at
which that person may be contacted outside working hours; and c) a
statement that unauthorised entry to the construction site is prohibited. The signs shall be maintained for the duration
of construction works. 17. (50) The cleaning out of
ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is
PROHIBITED. 18. (52) The swimming pool
being surrounded by a fence:- a) That forms a barrier between the swimming pool; and i) any residential building or
movable dwelling situated on the premises; and ii) any place (whether public or
private) adjacent to or adjoining the premises; and b) That is designed, constructed and installed in accordance with the
standards as prescribed by the Regulations under the Swimming Pool Act, 1992,
and the Australian Standard 1926-1976, "Fences and Gates for Private
Swimming Pools". SUCH
FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL. 19. (53) The filter and pump
being located in a position where it will create no noise nuisance at any
time or, alternatively, being enclosed in an approved soundproof
enclosure. If noise generated as a result
of the development results in an offensive noise Council, may prohibit the
use of the unit, under the provisions of the Protection of the Environment
Operations Act 1997. 20. (54) In accordance with
the requirements of the Swimming Pools Act 1992 and Regulations thereunder a
warning notice is to be displayed in a prominent position in the immediate
vicinity of the swimming pool at all times. The notice must be in accordance with the standards
of the Australian Resuscitation Council for instructional posters and
resuscitation techniques and must contain a warning "YOUNG CHILDREN
SHOULD BE SUPERVISED WHEN USING THIS POOL". 21. (55) Fibrecrete Swimming
Pool Shell being constructed in accordance with AS.2783-1985 "Concrete
Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and
"AW1 Fibresteel Technical Manual, November 1981". 22. (138) All overflow water and
drainage including backwash from filter washing from the swimming pool must
be directed to the sewer in accordance with Sydney Water's requirements. 23. Standard Condition (56)
Where Lane Cove Council is appointed as the Principal Certifying Authority,
it will be necessary to book an inspection for each of the following stages
during the construction process. Forty
eight (48) hours notice must be given prior to the inspection being
required:- a) The pier holes/pads
before filling with concrete. b) All reinforcement
prior to filling with concrete. c) The
dampcourse level, ant capping, anchorage and floor framing before the floor
material is laid. d) Framework
including roof and floor members when completed and prior to covering. e) Installation of steel
beams and columns prior to covering f) Waterproofing of wet
areas g) Pool reinforcement
prior to placement of concrete. h) The
swimming pool safety fence and the provision of the resuscitation poster
prior to filling of the pool with water. i) Stormwater drainage
lines prior to backfilling j) Completion. 24. Standard Condition (57)
Structural Engineer's details being submitted to Council and approved PRIOR
TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:- c) footings; d) reinforced
concrete work; e) structural
steelwork; f) upper
level floor framing; g). pool
structure. 25. (58) Structural
Engineer's Certificate being submitted certifying that existing building is
capable of carrying the additional loads.
Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION
CERTIFICATE. 26. (61) All timbers complying with Timber Framing
Code AS 1684-79. 27. (62) All glazing is to
comply with the requirements of AS 1288. 28. (63) All metal deck roofs
being of a ribbed metal profile or colourbond corrugated galvanised or
zincalume iron, in a mid to dark range colour and having an approved
anti-glare finish. 29. Standard Condition (64) A
check survey certificate is to be submitted at the completion of:- a foundation stages of
front fence, pool and carport; b The establishment of
the first floor level; c The roof framing; and d The completion of
works. Note: All
levels are to relate to the reduced levels as noted on the approved
architectural plans and should be cross-referenced to Australian Height
Datum. 30. (66) The removal,
handling and disposal of asbestos from building sites being carried out in
accordance with the requirements of the Construction Safety Act and the
Regulations details of the method of removal to be submitted PRIOR TO
COMMENCING ANY DEMOLITION WORKS. 31. (67) (a) The use of mechanical rock pick
machines on building sites is prohibited due to the potential for damage to
adjoining properties. (b) Notwithstanding the prohibition under
condition (a), consideration will be given to the use of rock pick machines
and may be approved by Council subject to:- (1) A Geotechnical Engineer's Report that
indicates that the rock pick machine can be used without causing damage to
the adjoining properties. (2) The report details the procedure to be
followed in the use of the rock pick machine and all precautions to be taken
to ensure damage does not occur to adjoining properties. (3) With the permission of the adjoining
owners and occupiers comprehensive internal and external photographs are to
be taken of the adjoining premises for evidence of any cracking and the
general state of the premises PRIOR TO ANY WORK COMMENCING. Where approval of the owners/occupiers is
refused they be advised of their possible diminished ability to seek damages
(if any) from the developers and where such permission is still refused
Council may exercise its discretion to grant approval. (4) The Geotechnical Engineer supervises
the work and the work has been carried out in terms of the procedure laid
down. COMPLIANCE
WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE
OF THE CONSTRUCTION CERTIFICATE. 32. (68) An automatic fire detection and alarm
system, designed to ensure the occupants are given adequate warning so they
can evacuate the building in an emergency, must be installed in the dwelling.
This requirement is
satisfied by:- (a) Smoke
alarms installed in— (i) Class
1a buildings in accordance with 3.7.2.3 of the Building Code of Australia;
and (ii) in
Class 1b buildings in accordance with 3.7.2.4 and 3.7.2.5 of the Building
Code of Australia (b) Smoke alarms complying with AS 3786. (c) Smoke alarms connected to the consumer
mains power where consumer power is supplied to the building. Location – Class 1a buildings (dwellings) Smoke alarms must be installed in a Class 1a
building on or near the ceiling in— (a) any
storey containing bedrooms— (i) between
each part of the dwelling containing bedrooms and the remainder of the
dwelling; and (ii) where
bedrooms are served by a hallway, in that hallway; and (b) any other storey not containing
bedrooms. Location – Class 1b buildings In a Class 1b building,
smoke alarms must be installed on or near the ceiling— (a) in every bedrooms; and (b) in every corridor or hallway
associated with a bedroom, or if there is no corridor or hallway, in an area
between the bedrooms and the remainder of the building; and (c) on each other storey. 33. (72) The demolition works
being confined within the boundaries of the site. 34. (78) The site being
properly fenced to prevent access of unauthorised persons outside of working
hours. 35. All waste generated on
site shall be disposed off in accordance with the submitted Waste Management
Plan. 36. (142) BASIX - Compliance with
all the conditions of the BASIX Certificate lodged with Council as part of
this application. 37. (141) Long Service Levy
Compliance with Section 109F of the Environmental Planning and Assessment
Act 1979; payment of the Long Service Levy payable under Section 34 of
the Building and Construction Industry Long Service Payments Act 1986 (or,
where such a levy is payable by instalments, the first instalment of the levy)
– All building works in excess of $25,000 are subject to the payment of a
Long Service Levy at the rate of 0.35%. COMPLIANCE
WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION
CERTIFICATE. 38. (300) A Tree Preservation Order applies in
the Lane Cove local government area. The order prohibits the cutting or
removal of any tree except with the consent of Council, which must be
strictly and fully complied with, and the penalty for contravention of this
order is up to One million one hundred thousand ($1,100,000). The co-operation of all residents is sought
in the preservation of the bushland character of the Municipality. All enquiries concerning the Tree
Preservation Order must be made at the Council Chambers, Lane Cove. 39. (301) Prior
to any works commencing on site a Tree Preservation Order Work Authority must
be obtained to remove or prune those trees identified on the approved plans
to be removed or pruned for construction. 40. (302) The
protection on site, without damage, of all existing trees, excepting those
shown in the approved plan to be removed or pruned. Irrespective of this consent permission
from Council must be obtained for the removal or pruning of any trees, including the
cutting of any tree roots greater than 40 mm in diameter. 41. (303) There
must be no stockpiling of topsoil, sand, aggregate, spoil or any other
construction material or building rubbish on any nature strip, footpath, road
or public open space park or reserve. 42. (317) A 1.8 m high fence of chain mesh shall be
erected around the 43. A waterproof sign must be placed on every second
panel stating ‘NO 44. Such fencing and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION
CERTIFICATE including demolition or site preparation and remain in place
for the duration of the construction work.
45. (315) The
proposed driveway crossing must be at least 2.5 m clear of the centre of the
trunk of the street tree. General Engineering Conditions 46. Design and
Construction Standards. All engineering plans and work shall be
carried out in accordance with Council’s standards and relevant Development
Control Plans except as amended by other conditions. 47. Control of Stormwater Runoff. Stormwater runoff
from all impervious roof areas are to drain via a charged line system to the
street, all areas that are unable to drain to the street are to drain to a
absorption system. The design and construction of the drainage system is to
fully comply with, AS3500 and Council's
DCP-Stormwater management. The design shall ensure that the
development, either during construction or upon completion, does not impede
or divert natural surface water so as to have an adverse impact upon adjoining
properties. 48. Environmental Pollution Control Pit. A
stormwater pit is to be installed on the new system, just prior to the
stormwater connecting to the absorption system. Environmental pollution
Control Pit is to be designed to remove pollutants from the stormwater flow.
The pit is to have a minimum dimension of 600 x 600 mm, a debris screen,
sediment collection sump and must be designed to drain completely dry. The
pit is to be maintained at all times. 49. Restoration. Public areas must be maintained in a safe condition at all times.
Restoration of disturbed Council land is the responsibility of the applicant.
All costs associated with restoration of public land will be borne by the
applicant. 50. Pedestrian Access
Maintained. Pedestrian access,
including disabled and pram access, is to be maintained throughout the course
of the construction as per AS 1742.3, ’Part 3 - Traffic control devices for
works on roads’. Engineering Conditions to be complied with Prior To Construction
Certificate 51. Drainage Plans. The plans and supporting calculations of the proposed drainage
system are to be submitted with the Construction Certificate application. Stormwater details shall be prepared and certified
by a suitably qualified engineer. The design is fully comply with, AS3500 and
Council's DCP Stormwater Management. The
design and certification shall be submitted to the Principle Certifying
Authority prior to the issue of the Construction Certificate. 52. Overland Flow around pools. The pool
design shall ensure that either during construction or upon completion,
surface water is not directed or diverted so as to have an adverse impact
upon adjoining properties. To prevent
overland flows from entering the pool the coping level must be a minimum of
150mm above the adjacent finished ground level. The entire outside perimeter
of the pool surround must have overland flow escape routes which will protect
the pool from flooding. 53. Services Prior to any excavation works, the location
and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be
borne by the applicant. 54. Excavation greater
the 1m Where
there are structures on adjoining properties including all council
infrastructures, located within five meters of the proposed excavation. The applicant shall:- (a) seek independent advice from a
Engineer on the impact of the proposed excavations on the adjoining
properties (b) detail what measures are to be taken
to protect those properties from undermining
during construction (c)
provide Council with a certificate from the engineer on the necessity and
adequacy of support for the adjoining
properties (d) Provide
a dilapidation report of the
adjoining properties and Council infrastructure. The dilapidation survey must
be conducted prior to any site work. The extent of the survey must cover the
likely “zone of influence” that may arise due to excavation works, including
dewatering and/or construction induced vibration. The dilapidation report
must be prepared by a practicing engineer. A second dilapidation
report, recording structural conditions of all structures originally
assessed prior to the commencement of works, must be carried out at the
completion of the works. The above matters are to be completed and
documentation submitted to Council PRIOR
TO THE ISSUE OF A CONSTRUCTION CERTIFICATE. All recommendations of the Geotechnical Engineer are to be carried out
during the course of excavation. The applicant must give at least seven (7)
days notice to the owner and occupiers of the adjoining allotments before the
excavation works commence. 55. Footpath
Damage Bond. The
applicant shall lodge with Council a $1000 cash bond or bank guarantee
to cover damage to Council's roads, footpaths, kerb and gutter, drainage or
other assets. Lodgement of this bond is required prior to the issue of the
Construction Certificate. 56. Boundary Levels. The levels of the street alignment shall be obtained from Council.
These levels are to be incorporated into the design of the internal
pavements, carparks, landscaping and stormwater drainage plans and shall be
obtained prior to the issue of the
Construction Certificate. 57. Residential Crossing. The residential crossing shall be constructed to the specifications
and levels issued by Council. An application shall be made to Council and
relevant fees / bond, (being an $800 bond, plus inspection fee of $259 plus a
design fee of $150, totalling $1209, - 2007/08) is to be paid to Council prior
to the issue of any Construction Certificate for the provision of street alignment levels and Council
inspections. 58. Erosion and
Sediment Control Plan. An Erosion and Sediment Control
Plan (ESCP) shall be prepared
by a suitably qualified consultant in accordance with the guidelines set out
in the manual “Managing Urban
Stormwater, Soils and Construction“ prepared by LANDCOM ‘Fourth Edition 2004, Volume 1’.These
devices shall be maintained during the construction works and replaced where
considered necessary. The following details are to be included in drawings
accompanying the Erosion and
Sediment Control Plan: · Location and
design criteria of erosion and sediment control structures, · Site access
point/s and means of limiting material leaving the site · Means of diversion
of uncontaminated upper catchment around disturbed areas · Procedures for
maintenance of erosion and sediment controls · Details and
procedures for dust control. Engineering Conditions to
be complied with prior to Commencement of Construction 59. Materials on Roads and Footpaths. Where the applicant
requires the use of council land for placement of building waste skips or storage of materials an
application for “Building waste
containers or materials in a public place” is to be made. Council land is
not to be occupied or used for storage until such application is
approved. 60. Works on Council Property. Separate application shall be made to Council's
Urban Services Division for approval to complete, to Council's standards and
specifications, any associated works on Council property. This shall include vehicular crossings,
footpaths, drainage works, kerb and guttering, brick paving, restorations and
any miscellaneous works. Applications shall be submitted prior to the
start of any works on Council property. 61. Public Utility Relocation. If any public services are to be adjusted, as a
result of the development, the applicant is to arrange with the relevant
public utility authority the alteration or removal of those affected
services. Any such work being carried out at the applicant’s cost and prior
to the commencement of works. 62. Pedestrian Access
Maintained. Pedestrian access,
including disabled and pram access, is to be maintained throughout the course
of the construction as per AS 1742.3, ’Part 3 - Traffic control devices for
works on roads’. 63. Sediment and
Erosion Control. The
applicant shall install appropriate sediment control devices prior to any disturbance of the
existing site. The devices are to be installed in accordance with an approved
plan. These devices shall be maintained during the construction period and
replaced where considered necessary. Suitable erosion control management
procedures shall be practiced. This condition is imposed in order to protect
downstream properties, Council's drainage system and natural watercourses
from sediment build-up transferred by stormwater runoff from the site. Engineering
Conditions to be complied with prior to Occupation Certificate 64. Construction of Residential Driveway Crossing. A full width residential
duty vehicular crossing shall be provided opposite each vehicular
entrance to the site, with a maximum width of 5.0 metres and a minimum width of 3.5 metres at the boundary line. These works shall be carried out
prior to the issue of the occupation
certificate by a licensed construction contractor at the applicant’s
expense and shall be in accordance with Council’s issued drawings and level
sheets. 65. Certificate of Satisfactory
Completion. Certificates from a registered and licensed
Plumber, Builder, or a suitably qualified Engineer must be obtained for the
following matters. The plumber,
builder is to provide a copy of their registration papers with the
certificate. The relevant Certificates are to be submitted to the Principal
Certifying Authority, prior to issue
of any Occupation Certificate. 1) Confirming that all vehicular footway and gutter (layback)
crossings are constructed or reconstructed in accordance with Lane Cove
Council’s ‘specification for
construction of residential vehicular footpath crossings’. (When the
works are satisfactory, the applicant must request the Council Crossing
inspector to provide written evidence of satisfactory completion of the
works. 2) Confirming that the site drainage system has been
constructed in accordance with the relevant Australian Standards and
Council’s DCP Stormwater management. 3) All works have been completed in accordance with the
issued Construction Certificate and Conditions of this determination. If
Council is appointed the Principal Certifying Authority then the appropriate
inspection fee is to be paid to Council with the subject documentation. |
Executive Manager
Environmental Services Division
AT‑1 View |
Original Site Plan |
1 Page |
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AT‑2 View |
Amended Site Plan |
1 Page |
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AT‑3 View |
Neighbour Notification
Plan |
1 Page |
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Environmental
Services Division Report No. 26 |
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Reference: Environmental
Services Division Report No. 26
Subject: Enforcement
Policy
Record No: su1182 - 14255/08
Author(s): Steve
Fedorow
Executive Summary
At its meeting of 4
February 2008, Council adopted for the purposes of public exhibition a Draft
Enforcement Policy.
The Policy has
recently come off exhibition with four submissions received. This report recommends that Council adopt the
Draft Enforcement Policy as exhibited.
Background
The July 2007
“Promoting Better Practice” review conducted by the Department of Local
Government recommended that Council develop a formal Enforcement and
Prosecutions Policy. A Draft Enforcement
Policy was developed in line with the NSW Ombudsman’s model policy and placed
on public exhibition.
Discussion
At the conclusion of
the exhibition period Council received four written submissions which included
three in support and one inconclusive, these have been circulated separately to
Councillors. The matters raised in the
submissions will now be considered.
Submissions in
Support
1. Three
submissions indicated that it was a comprehensive policy, however raised some
questions about the practical implementation of the policy regarding the
decision making authority within Council, and included a suggestion that a copy
of the policy is provided to all parties involved in a complaint.
Response
Responsibility for
making operational decisions within Council are delegated by the Council to the
General Manager and are then Sub-Delegated to the various positions within
Council and are set out in the Instrument of Authorisations and Delegations and
Sub-Delegations for each position. Full
details of the various delegations are contained within Council’s Delegations
Register.
Inconclusive
Submissions
1. One
submission did not indicate a view either way regarding the draft policy,
however raised a number of questions about the practical enforceability of a
range of Council imposed regulations (e.g. Smoking Bans, Alcohol Free Zones).
Response
Council’s regulatory
functions cover a broad range of issues often including an educational
component and will be enforced having regard to the enforcement policy and the
individual circumstances surrounding each issue.
Conclusion
The Enforcement
Policy will serve as an important tool, providing staff with guidelines on:
· How to
assess whether complaints of unlawful activity require investigation;
· Options
for dealing with unlawful activity; &
· How to
decide whether enforcement action is warranted.
That Council adopt and implement the Enforcement
Policy dated 29 January 2008 and include the Policy in Council’s Policy
Manual. |
Executive Manager
Environmental Services Division
AT‑1 View |
Lane Cove Council
Enforcement Policy |
8 Pages |
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Environmental
Services Division Report No. 27 |
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Reference: Environmental
Services Division Report No. 27
Subject: Planning Reforms
Submission
Record No: SU1791 - 14340/08
Author(s): Stephanie
Bashford
Executive Summary
The NSW Government has released a series of Planning Reforms in the form
of a Draft Exposure Bill for public
exhibition from 3rd to 24th April 2008. A copy of the
Community Guide and other information sheets provided by the Department of
Planning is attached at AT 1.
The proposed submission raises concerns, though some of these would be
more relevant to larger councils rather than Lane Cove, regarding the potential
loss of involvement in LEP-making, an increasing complexity and loss of control
by councils in development assessment and the reduced opportunity for the
community to engage in the planning process.
A Planning Institute of Australia (PIA) Workshop for councils’ planning
staff was held on Friday 11 April at Willoughby Council to discuss the issues
involved.
It is recommended Council endorse the submission attached at AT 2 on the proposed planning reforms.
Background
Development of the Planning
Reforms
The NSW Government’s steps in the development
of its Planning Reforms proposals have been:-
• August 2007 – New Ideas for
Planning Forum - attended by State-wide government and private councils, other
government agencies, developers and industry associations
• Aug/Nov 2007 – Steering
committee and working groups
• November 2007 – Release of
the Discussion Paper: “Improving the NSW Planning System”
• December 2007 – Second Forum
- the Discussion Paper
• February 2008 – Exhibition
period ends - 538 submissions (including by RAIA and PIA)
• March 2008 – Cabinet
Endorsement
• 3 April – 24 April 2008 –
Draft Exposure Bill
• May 2008 – Introduction of the Bill
• June to September – finalisation of legislation and regulation
Discussion
The key topics in the
Planning Reform documents are:-
● Plan Making
● Development Assessment
● Complying Development
● Development Contributions
● Independent Hearing Panels
● Private Certifiers
● DAs and Modifications
● Certificates and Consents
● Crown Developments
PIA’s interpretation of the philosophy of the
reforms includes that the Department and/ or Minster consider:-
· Local government is out of touch with “the
people” and local government does not respond to the needs and aspirations of
these people
· Professional experts external to government
are better equipped to make decisions about the future for the community.
Plan-Making – Local Environmental Plans (Part 3 of the EPA Act
currently)
Examples of the changes proposed to be made to the Environmental
Planning & Assessment Act 1979:-
· The Minister would have power to make an LEP: At
present only a local council, with its community, may prepare a “local”
environmental plan – s.24(2)
· A “relevant authority” may also make an LEP in
relation principally to matters of State significance/ Part 3A matters– s.54:-
• This could include any NSW department e.g. the RTA
• The owner of land may request that a relevant authority prepare an LEP
in some circumstances which are not clearly stated
· An LEP may be made for a limited timeframe: this would
enable the Minister or other authority to permit a DA contrary to the long-term
zoning of the site – s.26(3A)
· An LEP may be made without complying with Part 3’s
usual procedures if the Minister is of the opinion that the replacement
instrument “does not make any substantial changes” to the existing LEP – s.
33A(8A)
· The Department of Environment & Climate Change
must be consulted about an LEP if critical habitat or threatened species may be
affected, in the opinion of the relevant authority (e.g. RTA) making the LEP –
s.34A(2)
· Regional Environmental Plans (REPs) would be removed,
with SEPPs only to apply.
It is important to note that many of these powers would be clarified
under the regulation to be prepared later this year, in the absence of which it
is difficult at present to assess the full implications of the reforms. It is
implicit, though not certain, that the power for an LEP to be made by an
authority other than council would be available only in the case of major
developments, which to date have been relatively rare in Lane Cove compared
with larger LGAs.
Development Applications & Private Certification (Part 3 of the EPA
Act currently)
Planning
decisions, currently made either by local councils or State government, may now
be dispersed between several authorities:-
• Planning Arbitrators
· Reviews
of Council determinations (old S.82A) – DAs/S.96
· Deemed
refusals
· Deferred
Commencements
· Limit
to under $1 million matters
· Review
of requirement for further information
• Independent Hearing & Assessment Panel
· May
be constituted by Council for any aspect of a DA or planning matter
·
If required by an LEP or SEPP, Council must constitute the IHAP
·
Functions by Regulation or “Ministerial arrangements”
· It
is unclear whether the IHAP would have an advisory or approval role
• Joint Regional Planning Panel
· Development
over $50 million (Crown development, private infrastructure DAs, Council DAs)
· Function
as a Planning Administrator/Panel of a Council
· Consent
for Designated DAs
· Reviewable
determinations that are not Planning Arbitrator matters
• Planning Assessment Commission
· Approval
and review of Part 3A State Significant Projects and Concept Plans
· Advice
to Minister
· Review
DA's or activities
· Reviewable
Determination from a JRPP
Private certifiers are to gain in power with the increase in complying
development categories (indicated to include applications for two-storey
houses), to be fixed in a series of codes within a SEPP (rather than in a DCP
as currently, or DLEP as under the Template). Council’s development assessment
role would be constrained to developments which are not in these codes or which
significantly exceed their standards. However the content of the codes under
the SEPP is not yet known.
The community’s opportunity to comment would be reduced with the
increase in complying development categories, whereas currently amenity and
other issues are assessed by qualified planning staff taking into account
unique site constraints and based on local experience to ensure a consistent
approach.
Councillors’ role in development assessment is predicted to be reduced
under the new multi-layer system of referrals to these other authorities, other
than for the new feature that one
councillor may be appointed to a JRPP.
Changes are to be introduced to DA assessment
timeframes:-
• Removing “stop the clock”
• 50, 70 or 90 days would
replace the current 40-60 days to determine a DA or for deemed refusal,
depending on the requirement for consultation with other authorities; but any
request for information must now be counted within that time.
Broad concerns
Of particular concern are these issues:-
• Consistency in
interpretation of policies and inconsistent decisions: This would be extremely
difficult to control as a result of the “planning fragmentation” with
responsibilities being dispersed between several bodies and planning tiers.
• Council is currently a
planning focal point for the community to make inquiries about planning
matters, and Council is working towards improving its community liaison and
exhibition and submission strategies for planning. It would be increasingly
difficult for the community to interact with these various proposed
authorities, in comparison with the current process of local exhibition of
draft LEPs and notification of all DAs, with public submissions being reported
back to Council at a meeting open to the public.
• It is not apparent that
appeals to the Land & Environment Court would function as effectively from
the various authorities as currently.
• Council would require
significantly increased administrative resources.
Support
Certain proposals are
supported, in relation to the strengthening of councils’ enforcement powers,
for example:-
• Councils’ increased powers
to stop unauthorised work or work affecting adjoining premises
• Councils’ investigation
powers increasing to require information and ask questions of certifiers and
others
• Increased council capacity
to fund enforcement action:-
– enforcement bonds as
condition of development consent
– compliance cost notices for
monitoring compliance with s.121B orders
• Fees for some building
certificates increased to cover councils’ costs of assessing unauthorised work.
Conclusion
The NSW Government has released a series of Planning Reforms in the form
of a Draft Exposure Bill for public
exhibition from 3rd to 24th April 2008. A proposed
Council submission to the Department of Planning is attached at AT1.
The submission is necessarily brief in view of
the limited timeframe available for comment by councils, and takes into account
the views expressed by PIA representatives at a workshop during the exhibition
period. The proposed submission raises concerns
regarding the potential loss of involvement in LEP-making, an increasing
complexity and loss of control by councils in development assessment and the
reduced opportunity for the community to engage in the planning process. Council is requested to endorse the
submission.
That Council forward the
submission attached at AT2 to the
Department of Planning. |
Executive Manager
Environmental Services Division
AT‑1 View |
Departmental information
sheets |
27 Pages |
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AT‑2 View |
Planning Reforms
Submission |
2 Pages |
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