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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, 48 Longueville Road, Lane Cove on Monday 21 April 2008 commencing at 6:30PM. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Council Meeting Procedures

 

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

 

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

 

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

 

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

 

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under section 12(6) of the Local Government Act, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

 


Ordinary Council 21 April 2008

 

TABLE OF CONTENTS

 

 

 

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, (Former Lane Cove Police Station) site

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 Cove Market Square Redevelopment

 

8.       General Managers Report No. 16

SUBJECT: Energy Australia Easements associated with Lane Cove Market Square

 

9.       General Managers Report No. 17

SUBJECT: Asia Pacific Technology Exchange

 

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 Chisholm Street, Greenwich

 

12.     Environmental Services Division Report No. 26

SUBJECT: Enforcement Policy

 

13.     Environmental Services Division Report No. 27

SUBJECT: Planning Reforms Submission

 

QUESTIONS WITHOUT NOTICE

 

 

 

         


Ordinary Council Meeting 21 April 2008

 

Order Of The Day No. 11

 

 

 

 

 

Reference:    Order Of The Day No. 11

Subject:          Council and Committee Meeting Schedule - May 2008    

Record No:    su1915 - 14467/08

Author(s):       Rebecca Ford 

 

 

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

 

 

 

RECOMMENDATION

 

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

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


Ordinary Council Meeting 21 April 2008

 

General Managers Report No. 15

 

 

 

 

 

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 Lane Cove Market Square development, subject of course to final costing and any necessary planning approvals.

 

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.

 

RECOMMENDATION

 

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.

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 21 April 2008

 

General Managers Report No. 16

 

 

 

 

 

Reference:    General Managers Report No. 16

Subject:          Energy Australia Easements associated with Lane Cove Market Square    

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 Australia to:

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 Link Road and associated work to be completed.

 

Background

 

When the energy requirements for the Woolworths Market Square were first assessed, it was identified that two additional substations were required.  One of the additional substations will be located adjacent to the existing substation in Austin Street adjacent to the Library and the other substation would be located on the footpath just south of the link road / Council lane roundabout.

 

Energy Australia have identified the need to complete their network link through to the existing substation behind BWS and adjacent to the walkway beside BWS to Burns Bay Road. 

 

Discussion

 

The cable route is shown in Attachment 1.

 

Library Easement Extension, Lot 2 DP 575901

 

Energy Australia already own Lot 1 DP 575901 to site the existing substation.  Energy Australia proposed to house two substations (one new substation) adjacent to the existing Library (below the Cenotaph area).  No objection is raised to the creation of an easement adjacent to Lot 1 DP 575901 to include the new substation as shown by white lines in Attachment 2.

 

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 Austin Street to the new link road, thence along the link road to a new substation on the footpath just south of the link road / Council lane roundabout.  The cabling then extends across Council’s lane extension from Sera Street, through to the BWS substation.

 

 

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 Austin Street along the southern boundary of the new link road to be constructed on Lot 8 DP 525839.  When Council receives title to the Fabcot lot under the Deed, it would be encumbered by an EA easement.

 

Woolworths have forwarded Energy Australia’s standard form of easement which would need to be discussed with Council’s legal advisors prior to signing the easement documentation.

 

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.

           

 

RECOMMENDATION

 

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.

 

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1 View

Att 1 Easement Skecth Plan

1 Page

 

AT‑2 View

Att 2 Aerial view of Second Substation near Library

1 Page

 

AT‑3 View

Att 3 Aerial view of easements for cables

1 Page

 

 

 


Ordinary Council Meeting 21 April 2008

 

General Managers Report No. 17

 

 

 

 

 

Reference:    General Managers Report No. 17

Subject:          Asia Pacific Technology Exchange    

Record No:    SU2627 - 14656/08

Author(s):       Peter Brown 

 

 

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 Sydney’s north is expected to become fully operational by the second half of 2008.

 

 

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 Sydney’s north.

 

This corresponded with the release of a Business Plan for the economic future of the northern Sydney region funded by NSROC and SHOROC Councils.

 

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 Australia (NSX and Bendigo Exchange) and is set up and managed specifically to cater for the listing of Small & Medium Enterprises.

 

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 Northern Sydney region and its economic benefits.

 

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 Northern Sydney is a positive for the region.

 

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.

 

 

RECOMMENDATION

 

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.

 

 

 

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1 View

Various news articles on APTEX launch

7 Pages

 

AT‑2 View

Letter of invitation

2 Pages

 

 

 


Ordinary Council Meeting 21 April 2008

 

Corporate Services Division Report No. 21

 

 

 

 

 

Reference:    Corporate Services Division Report No. 21

Subject:          Policy Manual Review    

Record No:    SU241 - 13413/08

Author(s):       Crystal Cudilla 

 

 

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.

 

RECOMMENDATION

 

That Council amend the policies in the Policy Manual that are listed in attachment AT-1Policy Manual Recommended Amendments (From A-K) dated 16 April 2008 as shown in that Attachment.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Policy Manual Recommended Amendments (From A-K)

123 Pages

 

  


Ordinary Council Meeting 21 April 2008

 

Environmental Services Division Report No. 151

 

 

 

 

 

Reference:    Environmental Services Division Report No. 151

Subject:          12 Chisholm Street, Greenwich    

Record No:    da07/302 - 12926/08

Author(s):       Rajiv Shankar 

 

 

Property:                     12 Chisholm Street, Greenwich.

 

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, 19 Vista St, 8, 10, 14, 16, 16A Chisholm St,  72 Greenwich Road.

Ward Councillors         Clr R D’Amico, Clr R Tudge, Clr T Lawson.

Progress Association  Greenwich Community 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 Chisholm Street. The site is rectangular in shape with front and rear boundaries of 14.515m & 13.73m respectively and the northern and southern side boundaries of 45.48m and 49.65m respectively. The site falls away from the street.

 

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- Old Building application

 


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

Foreshore Building Line (min)

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 (Sydney Harbour Catchment) 2005 (the SREP) and Sydney Harbour Foreshores and Waterways Area Development Control Plan for the SREP (the DCP)

 

The SREP aims to recognise, protect, enhance and maintain the catchment, foreshores and waterways and islands of Sydney Harbour and to achieve a high quality and ecologically sustainable urban environment.  Part 3 of the SREP addresses the Foreshores and Waterways Area.  Within Part 3, Division 2 sets out Matters for consideration which Council is to consider in assessing new development.  Of the clauses 20-27 listed for consideration, the location of the proposed works would not raise any significant issues.

 

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.


 

 

RECOMMENDATION

 

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 Brushbox street tree encompassing all the grass nature strip and ending at the driveway crossing. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

 

43.       A waterproof sign must be placed on every second panel stating ‘NO ENTRY TREE PROTECTION ZONE– this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

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.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Original Site Plan

1 Page

 

AT‑2 View

Amended Site Plan

1 Page

 

AT‑3 View

Neighbour Notification Plan

1 Page

 

 

 


Ordinary Council Meeting 21 April 2008

 

Environmental Services Division Report No. 26

 

 

 

 

 

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.

 

 

 

RECOMMENDATION

 

That Council adopt and implement the Enforcement Policy dated 29 January 2008 and include the Policy in Council’s Policy Manual.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Lane Cove Council Enforcement Policy

8 Pages

 

 

 


Ordinary Council Meeting 21 April 2008

 

Environmental Services Division Report No. 27

 

 

 

 

 

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.

 

 

 

RECOMMENDATION

 

That Council forward the submission attached at AT2 to the Department of Planning.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Departmental information sheets

27 Pages

 

AT‑2 View

Planning Reforms Submission

2 Pages