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Agenda

Ordinary Council Meeting

19 May 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 19 May 2008 commencing at 7:00PM. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Council Meeting Procedures

 

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

 

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

 

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

 

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

 

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

 

 

 


Ordinary Council Meeting 19 May 2008

 

Report Of Committees No. 2

 

 

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

public forum

 

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

 

CONFIRMATION OF MINUTES

 

1.      ORDINARY COUNCIL MEETING - 5 MAY 2008

 

Reports Of Committees

 

2.       Report Of Committees No. 2

SUBJECT: Inspection Committee - 2-60 Riverview Street, Riverview...... 4

 

Referred Reports FROM INSPECTION COMMITTEE 10TH MAY

 

3.       Environmental Services Division Report No. 179

SUBJECT: 2-60 Riverview Street, Riverview...................................................... 5

 

General Managers Reports

 

4.       General Managers Report No. 21

SUBJECT: Presentation by Sydney Airport Staff on the Runway Safety Enhancement Project........................................................................................... 22

 

Corporate Services Division Reports

 

5.       Corporate Services Division Report No. 27

SUBJECT: Council and Committee Meeting Schedule - June 2008........... 23

 

6.       Corporate Services Division Report No. 29

SUBJECT: Policy Manual Review - Stage 2........................................................ 24

 

7.       Corporate Services Division Report No. 30

SUBJECT: 3rd Quarter Review of 2007-2010 Management Plan............... 31

 

8.       Corporate Services Division Report No. 32

SUBJECT: 3rd Quarter 2007-2008 Budget Review.......................................... 32

 

9.       Corporate Services Division Report No. 34

SUBJECT: Goods and Services Tax Certificate of Compliance............. 34

 

Human Services Division Reports

 

10.     Human Services Division Report No. 8

SUBJECT: Public Libraries NSW - Country (PLC) 2008 Conference........ 35

 

QUESTIONS WITHOUT NOTICE

 

Reference:    Report Of Committees No. 2

 

Subject:          Inspection Committee - 2-60 Riverview Street, Riverview    

Record No:    DA07/357 - 18044/08

Author(s):       Michael Mason 

 

 

 

Present:         Clr I Longbottom (Mayor), Clr W Gaffney (Deputy Mayor), Clr A Smith, Clr K Freedman, Clr T Lawson, Clr R D’Amico, Clr F Teirney and Michael Mason

 

Apologies:      Clr R Tudge and Clr J Hassarati

 

Item 1              2-60 Riverview Street, Riverview

 

Proposal – Demolition of two attached dwellings and construction of a single storey childcare centre to cater for 74 children 0-5 years with on-site carparking for 12 vehicles accessing College Road South.  The proposal also is to remove a number of trees.

 

Councillors met on site and heard from the applicant’s project architect, traffic engineer and various school staff including the principal.  Council also heard from a number of nearby residents.

 

Issues arising from the above discussion included:

 

·     Traffic concerns from residents as to the need to locate the childcare car park entrance in College Road South.  Many residents were of the view as College Road South entrance would be dangerous and unacceptable.

·     A proportion of the children attending the centre (+20%) would be children of teachers working at the school.  There may be an opportunity for these parents to deliver their children as pedestrians rather than in vehicles.

·     The principal/project architect and Traffic Engineer expressed the view that College Road South vehicle entry/exit was the most appropriate site for a range of reasons, including minimising traffic congestion on Riverview Street, physical constraints of the site, including topography and the need to relocate utilities.

·     The project architect undertook to provide an indicative sketch of a pedestrian path from the school carpark and resident to the Childcare Centre.

·     Mr Mason undertook to provide traffic management information for the Council meeting.

 

 

 

RECOMMENDATION

 

That Council determine the matter.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


Ordinary Council Meeting 19 May 2008

 

Environmental Services Division Report No. 179

 

 

 

 

 

Reference:    Environmental Services Division Report No. 179

Subject:          2-60 Riverview Street, Riverview

Inspection Committee after considering the matter referred this Report to the Ordinary Council meeting to be held on 19 May 2008.   

Record No:    DA07/357-01 - 15320/08

Author(s):       Rajiv Shankar 

 

 

Property:                     2-60 Riverview Street, Riverview

 

DA No:                         D357/07

 

Date Lodged:              23 November 2007

 

Amended Plan:           Yes

 

Cost of Work:              $1 400 000

 

Owner             :                       St Ignatius College

 

Author:                         Rajiv Shankar

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of existing buildings and construction of a child care centre.

ZONE

Special Uses A - School

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

Yes

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 3, 5, &7a

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours                  20, 20A, 20B, 22, 22A, 24, 26, 26B, 28, 28A, 28B, 30,  30A, 30B, 30C, 32, 32A, 32B, 34, 34A, 34B, 38, 38A, 36, 36A, 36B, 36C, 38B, 34C, 40, 40A, 42, 44, 46,  College Road South, 19, 21, 23,  25, 65, 67, 68,  70, 93, 99, 101, 107, 109, 115, 119, 121, 125, 131 Riverview Street, 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, Aminya Pl.

Ward Councillors       Clr Freedman, Clr Hassarati and Clr Smith.

Progress Association:            Riverview Community Association

Other Interest Groups:            Lane Cove Historical Society

 


REASON FOR REFERRAL:

 

The application has been called to the Planning and Building Committee by Councillor Smith because of concerns raised by neighbours.

 

EXECUTIVE SUMMARY:

 

The proposal seeks the demolition of buildings and the erection of a single storey child care centre catering for 74 children 0-5 years of age.  The development would employ 11 staff and 19 parking spaces plus a drop area is proposed.  Hours proposed are 7am -6pm Monday to Friday.

 

The site has buildings to be demolished being two attached dwellings which were a former golf club house. The site is heritage listed in of Lane Cove LEP. It is considered that the buildings have limited heritage value and Council’s heritage consultant and the Heritage Council agree that the buildings may be demolished for the redevelopment of the site. 

 

There is a large mature fig tree along the southern boundary which has been proposed for removal. The removal of this tree has not been supported by Council’s Tree Preservation officer. It has been recommended that this tree be retained.

 

The site is in a 5(a) Special Uses zone and the proposed development is permitted.  There are no development standards relating to the zone.

 

Concerns have been raised by neighbours in relation to the additional traffic that would be generated because of the proposed development. The proposed has been assessed by Council’s Traffic Manager who considers that the proposal in terms of traffic and parking requirements is acceptable.

 

This report recommends that the application be approved subject to appropriate development conditions.

 

SITE:

 

The site is located north of Riverview Street and west of College Road South. The site is triangular in shape. Towards the north western side of the site are two storey town houses. Towards the southern side of Riverview Street is St Ignatius College. The eastern side of College Road South is characterised by single storey and two storey dwelling houses.

 

The site features two attached dwellings which were the former golf club house. The site is heritage listed in Schedule 3 of Lane Cove LEP.

 

There are a number of trees on the property. Most trees on the site have been indicated for removal. The most significant tree, which is along the southern boundary, is also indicated for removal.

 

Copy of site plan and notification plan attached (AT1 and AT2).

 

PROPOSAL:

 

The proposal is for:

 

1.         Demolition of the two attached dwellings which were former golf club house. The dwellings are heritage listed in Councils LEP

2.         Construction of a single storey child care centre to cater for 74 children 0-5 years.

3.         Construction of a 12 space car park.

4.         Removal of trees.

 

The child care facility would cater for 74 children comprising the following age categories:

 

·     0-2 years = 30 places

·     2-3 years = 24 places

·     4-5 years = 20 places

 

A total of 11 staff would operate the centre.

 

The proposed hours of operation are:

7am to 6pm Monday to Friday.

Saturday & Sunday: Closed

 

Car parking:

 

12 car parking spaces have been proposed as “Parent Car Park” and drop off area north of the proposed building.

 

An additional 7 car parking spaces for staff have been allocated within the adjoining Regis campus in front of the Junior School West Wing Building.

 

PREVIOUS APPROVALS/HISTORY:

 

DA 307/06- Addition of a floor to the existing ‘Vaughan’ building.

DA 180/07- Alterations to Delton Chapel.

DA 328/06- Construction of temporary boatsheds.

DA349/05- Fences and gates.

DA 267/04- Alterations and additions to existing boarding house.

 

A number of alterations and additions have occurred within the college precinct over the past 25 years.

 

There is no previous application on the site where the child care centre has been proposed.

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

There are no specific Codes or Policies applicable to the subject site and the proposal has been assessed on its merits.

 

The overall site area is 445,159m2. However the proposed development site is contained within an approximate area of 1738.14 m2. .

 

Number of storeys: 1

 

Setbacks:

Setback from College Road South – 2.5 metres.

Setback from Riverview Street – 7.5 metres.

 

Internal floor space:

Five Activity rooms:                 268.00 m2. .

Admin Office:                          9.98 m2. .

Staff room:                              11.78 m2. .

Laundry min:                           6.23 m2. .

Staff/ Dis WC/ Shower:          4.04 m2. .

Kitchen:                                   13.57 m2. .

Art & Craft Room:                   24.26 m2. .

Parent Room:                         5.44 m2. .

Store Rooms:                         27.38 m2. .

Bin Store:                                3.92 m2. .

External store:                         15.84 m2. .

 

TOTAL:                                   390.44 m2. .

 

External Areas:

External Play Area A:              157.85 m2. .                

External Play Area B:              85.06 m2. .

External Play Area C:              339.02 m2. .

External Play Area D:              48.32 m2. .

 

TOTAL:                                   630.25 m2. .

 

 

REFERRALS:

 

Manager Assets

 

No objections expressed subject to draft conditions which have been included in the conditions attached to this report.

 

Manager Parks

 

The removal of the large mature fig tree along the southern boundary has not been supported. It has been recommended that that this tree be retained. All other trees may be removed. Conditions for the retention of the tree have been included in the conditions attached to this report.

 

Heritage Consultant

 

No objection has been expressed for the site to be redeveloped as a child care centre.

 

NSW Heritage Council

 

The Heritage Council agrees with the findings of the report Demolition Report & Statement of Heritage impact by NBRS&P dated Nov 2007 which accepts the demolition of the existing buildings for the purposed of redevelopment of the site.

 

It is also recommended that a photographic archival recording, in accordance with the Heritage Branch publication ‘How to prepare archival recordings of heritage items’ be made. The same is included in the conditions attached to this report.

 

Building Code of Australia

 

No objections expressed subject to conditions which have been included in the conditions attached to this report.

 

Community Services

 

·     In accordance with Council’s Social Plan the need and increased access and availability of day care places has been supported.

·     No objection has been expressed for the proposed hours of operation.

·     No objection has been expressed regarding proposed parking facilities.

·     Concern has been expressed regarding the applicant’s statement that the proposal does not cater to children with disability. Clarification was sought from the applicants. The applicant has provided a report from an access consultant who states that the proposal complies with AS1428.1 & AS1428.2 to meet the intent of Councils Access and Mobility DCP and DCP on Child Care Centres.

 

The consultant also states that meeting the requirements of AS 1428.3 – requirements for children and adolescents with physical disabilities, is not considered best practice due to the wide variation of individual requirements.

 

The applicant, in his letter dated 14 April 2008, states that the proposed centre will cater for children with a disability.

 

·     No objection has been expressed to the indoor and outdoor floor space ratios.

·     Concern was expressed over the in-adequacy of shaded outdoor area. The amended plan incorporates addition shading devices to open spaces.

 

Traffic Manager

 

The Traffic Manager has stated:

 

“The proposal in terms of traffic generation, parking requirements, access, traffic and parking related impacts complies with Australian Standards and RTA requirements related to impacts of Child Care Centre. Therefore, I am satisfied that the traffic report presented by Ray Dowsett and Transport planning is satisfactory. The proposal in terms of traffic and parking requirements is acceptable”.

 

79 (C)(1)(a)  The provisions of any Environmental Planning Instrument

 

Lane Cove Local Environmental Plan 1987

 

The subject site is zoned Special Uses A - School 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.

 

Other Planning Instruments

 

Lane Cove Child Care Centre DCP

 

It is considered that the proposed development complies with the objectives and the requirements of the Child Care DCP.

 

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.

 


Council’s Manager – Traffic has advised that:

 

the proposal in terms of traffic generation, parking requirements, access and traffic and parking related impacts complies with Australian Standards and RTA requirements related to impacts of Child Care Centre.  Therefore, I am satisfied that the Traffic report presented by Ray Dowsett and transport planning is satisfactory.  The proposal is terms of traffic and parking requirements is accepted.

 

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.

 

Section 79C(1)(c) - The suitability of the site for the development

 

The proposal is for a child care centre which would complement the existing college in the vicinity. It is considered compatible and consistent with the scale and character of the one and two storey development in the surrounds. 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 and six (6) submissions were received.

 

 The issues raised have been addressed as below:

 

From L Potts

 

Concern has been expressed in relation to amount of additional traffic and parking generated by the proposed facility.

 

Comment: A traffic report has been provided along with the proposal. The report has been assessed by Council’s Traffic Manager who is satisfied with the report and its conclusions and states that the proposal in terms of traffic and parking requirements is acceptable.

 

From resident of 38 College Road South

 

Noise generated from the proposed facility due to drop off and pick up.

Comment

 

The proposed hours of operation are 7am to 6pm Monday to Friday. The child care centre would be closed on Saturdays and Sundays. Given the hours and the location of the centre, the noise generated by the proposed facility is considered reasonable.

 

The facility may open fifty two weeks a year and would change the existing use of the property.

 

Comment

 

The facility would remain a child care centre/ school even if it is open all through the year.

 

The facility would result in traffic increase.

 

Comment

 

Traffic issues have been considered and discussed above.

 

 

From Resident of 38B & 40A College Road South

 

Concern has been expressed regarding narrow width of the road and traffic related issues.

 

Comment

 

Traffic issues have been considered and discussed above.

 

From David van Blerk:

 

Concern has been expressed regarding the proposal being in appropriate in this location.

 

Comment

 

The location is in close proximity to the existing college. The location of the proposed child care centre is considered appropriate and favourable given the clustering of like activities.

 

Inadequate parking.

 

Comment

 

Parking has been assessed as adequate in the traffic report and endorsed by council’s Traffic Engineer.  The parking provided exceeds the minimum of 18.5spaces required by the Child Care DCP.

 

Increase in traffic.

 

Comment

 

Traffic issues have been considered and discussed above.

 

Disturbances by contractors that occur late at night.

 

Comment

 

Hours of building work are strictly regulated by Council and the following condition is proposed to be attached to any consent issued:

 

“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.”

 

From Resident of 44 College Road South:

 

Concern expressed regarding increase in traffic.

 

Comment: Traffic issues have been considered and discussed above

Section 79C(1)(e) - The public interest.

 

The amended proposal, as conditioned further in this report, is considered satisfactory with respect to design objectives and provisions under Council’s Codes. The amended/conditioned proposal would not create any major environmental impacts.

 


CONCLUSION

 

The application has been assessed having regard to the matters under Section 79C of the Environmental Planning and Assessment Act, relevant Planning Instruments and Council controls, as well as public good and suitability of the site. The proposal is considered to be satisfactory subject to the following conditions.

 

 

RECOMMENDATION

 

A.         That the applicant prepare a comprehensive development plan/ master plan which would identify maximum development potential of the campus and cater to future development needs and provide the plan to Council.

 

B.        That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D375/07 for demolition of existing buildings and construction of a child care centre at 2-60 Riverview Street, Riverview subject to the following conditions.

 

1.         (20) That the development be strictly in accordance with:

·     Plan no D03 Rev A dated 10/04/08 by JDH Design Group.

·     Plan D-04 to D-08 dated 10/04/08 by JDH Design Group.

·     Plan 196.1 dated 13/11/07 by space landscape designs.

·     Plan No C09270.00-DA01 to DA04 issue C dated 16/11/07 by Costin Roe Consulting

 

2.         A photographic archival recording, in accordance with the Heritage Branch publication ‘How to prepare archival recordings of heritage items’ be made and submitted to the Council Library prior to demolition of the buildings.

 

3.         Amended plans showing the retention of the Hills Fig tree and modifications to the building footprint to allow a setback distance of 7.5m from the trunk of the Fig tree shall be submitted to Council prior to issue of the Construction Certificate.

 

4.         The construction of the retaining wall within ten (10) metres must be carried out using a pier and beam method. Excavation works for the pier locations along the within 10m of the tree must be individually hand dug only with no roots greater than 40mm diameter to be damaged or removed.

 

5.         (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing.

 

 

6.         (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

 

7.         (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.

 

8.         (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

 

9.         (24) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

 

10.       (31) All car parking spaces on site shall comply with requirements of the Australian Standard AS 2890.1-1993 ("Parking facilities, Part 1: Off-street car parking").

 

11.       (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.

 

12.       (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.

 

13.       (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.

 

14.       (43) Access and parking spaces for disabled persons being provided in accordance with Part D.3 of the Building Code of Australia.

 

15.       (45) A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

16.       (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.

 

 

17.       (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.

 

18.       (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

 

19.       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)         pre-commencement.

b)         The pier holes/pads before filling with concrete.

c)         All reinforcement prior to filling with concrete.

d)         The dampcourse level, ant capping, anchorage and floor framing before the floor material is laid.

e)         Framework including roof and floor members when completed and prior to covering.

f)          Installation of steel beams and columns prior to covering

g)         Waterproofing of wet area.

h)         Stormwater drainage lines prior to backfilling

i)          Completion.

 

20.       Standard Condition (57) Structural Engineer's details being submitted to Council and approved PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          shade structures.

 

21.       (61)  All timbers complying with Timber Framing Code AS 1684-79.

 

22.       (62) All glazing is to comply with the requirements of AS 1288.

 

23.       (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.

 

24.       Standard Condition (64) A check survey certificate is to be submitted at the completion of:-

 

a          Dampcourse level;

b          The roof framing; and

c          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.

 

25.       (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.

 

26.       (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.

 

27.       (70) Protection of the dwelling against subterranean termites must be carried out in accordance with AS.3660.

 

28.       (72) The demolition works being confined within the boundaries of the site.

 

29.       (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

30.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

31.       (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

32.       (79) Compliance with Australian Standard 2601 - The Demolition of Structures.

 

33.       (139) A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority PRIOR TO THE CONSTRUCTION CERTIFICATE BEING ISSUED.

 

 

34.       Provide a report by a suitably qualified fire safety consultant (with the appropriate level of certification) to show how the proposed works can comply with the Building Code of Australia and submit to the Principal Certifying Authority (PCA) prior to issue of Construction Certificate (CC). Furthermore the CC plans i.e. Architectural, Structural, Mechanical, Electrical, Hydraulic & associated specifications must demonstrate compliance with the above report and fully comply with the BCA.

 

35.       Submit a disability access report from a suitably qualified consultant to demonstrate how the development can comply with parts D3 & F2.4 of the BCA and submit to Council and the PCA prior to issue of CC. Furthermore the CC plans must demonstrate compliance with the above report and fully comply with the BCA.

 

36.       Submit a report by a suitably qualified Structural Engineer &/or Geo tech Engineer to the PCA’s satisfaction prior to issue of CC which addresses the following :-

 

a)   Carry out a dilapidation survey of the adjacent properties, being the existing Town Houses to the north west of the subject site.

b)   Carry out an assessment of the footing system of the properties adjacent to the excavation to establish an appropriate system of underpinning.

c)   Provide details of an appropriate system of temporary support for the exposed face of excavation associated with the construction of the retaining wall along the north western boundary of the subject site.

 

37.       (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.

 

38.       (301)  Prior to any works commencing on site a Tree Preservation Order Work Authority must be obtained to remove or prune trees to be removed or pruned for construction.

 

39.       (302) The protection on site, without damage, of all existing trees. 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.

 

40.       (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.

 

41.       (305) All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974.  If during the course of construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.

 

42.       (306) All materials brought onto the site must be weed free.

 

43.       (308) Rubbish must be stored in a sealed locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

 

 

 

 

44.       (317) A 1.8 m high fence of chain mesh shall be erected around the six (6) street trees encompassing a radial distance of not less than 3m from the trunk of the six (6) trees to be protected. 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.

 

45.       A waterproof sign must be placed on every second panel stating ‘NO ENTRY TREE PROTECTION AREA – 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.

 

46.       The Hills fig tree must be retained. A 1.8m high fence of chain mesh shall be erected a radial distance of not less than nine (9) metres from the trunk of the Fig tree to be protected. 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.

 

47.       (327)  A bond of $6 000.00 must be paid to Council prior to the issue of Construction Certificate to ensure adequate protections are taken during the development to protect the six (6) street trees to be retained. This bond shall be forfeited in the event of damages to any of these trees as a result of the development works within a period of 18 months after completion. In the event of damages to the tree, as determined by Council’s Tree Preservation Officer, the cost of replacing the tree including labour will be incurred in addition to forfeiting the bond. The following formula shall be used for retention of all or part of the tree bond:

 

            Breach of any condition - 25% of bond for each offence.

            Trunk or root damage of any protected tree - 50% of bond for each offence.

            Death or severe decline of any protected tree - 100% of bond and possible legal action by Council.

 

48.       All tree protective measures must be in place before the commencement of any works including demolition and PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE. The tree protection measures shall be to the satisfaction of Council’s Tree Assessment Officer and must be maintained for the duration of works on the site. No further site works may take place until this certification has been obtained and a copy forwarded to the accredited certifier and Council.

 

49.       (355) An arboriculturalist must supervise all digging / excavation that is within nine (9) metres distance of the Hills Fig tree. A report must be submitted within 60 days of inspection to Council’s Tree Assessment Officer, outlining the extent of the excavation and it impact upon the tree and if there

 

50.       (363) Any exposed roots on the soil surface along the trench alignment must be protected using appropriate method as advised by the site arborist.

 

51.       (366)  There must be no soil disturbance within the tree protection areas, including any activities associated with the construction other than topdressing on completion of the landscaping works to a maximum of 50mm, within the approved tree protection zones of the trees shown on the approved plan to be retained. All activity within the Tree Protection Area must be undertaken with hand tools and under the supervision of the site arborist.

 

 

 

 

General Engineering Conditions

52.       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.

 

53.       Control of Stormwater Runoff.  Stormwater runoff from all impervious areas shall be collected and piped by gravity flow to an on-site detention 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.

 

54.       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’

 

55.       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.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

56.       Drainage Construction. The stormwater drainage on the site is to be constructed generally in accordance with plan C09270.00-DA01 to DA04 issue C prepared by Costin Roe Consulting dated 16/11/07

 

In this project the above engineering plans are satisfactory as Concept plans. The Principle Certifying Authority is to satisfy themselves of the adequacy of the above plans for the purposes of construction. They are to independently determine what details, if any, are to be added to the Construction Certificate plans, in order for the issue of the Construction Certificate.

 

57.       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.

 

58.       Excavation greater than 1m

            Where there are structures on adjoining properties including all council infrastructures, located within five metres of the proposed excavation.

 

The applicant shall:-

 

(a)        seek independent advice from a suitably qualified Structural 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 including the adjoining roadway. 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 Structural 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.

 

59.       Council Inspections.  A Council engineer must inspect the stormwater connection to the existing Council stormwater pit. Council shall be notified when the connection has been made. An application for an inspection shall be made to Council and relevant fees paid prior to the issue of the construction certificate. 

 

60.       Footpath Damage Bond. The applicant shall lodge with Council $5000 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.

 

61.       Positive Covenant Bond. The applicant shall lodge with Council a $1,000 cash bond to cover the registration of a Positive Covenant over the on-site stormwater detention system. Lodgement of this bond is required prior to the issue of the construction certificate.

 

62.       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.

 

63.       Car Parking A plan detailing the internal parking arrangements of the proposed development shall be prepared and certified by a suitably qualified engineer. The design is fully comply with, AS 2890 Series. The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.  

 

64.       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, car parks, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.

 

65.       Proposed Vehicular Crossing. The proposed Vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of a Footpath Crossing’ application shall be submitted to Council prior to the issue of the construction certificate.

 

 

Engineering Conditions to be complied with Prior to Commencement of Construction

66.       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. 

 

67.       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.

 

68.       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.

 

69.       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

 

70.       Stormwater connection 

Prior to the issue of the occupational certificate a certificate of satisfactory connection to the council pit must be obtained from council’s urban services division. 

 

71.       Stormwater System Certified

Prior to the issue of the occupational certificate a charted professional engineer shall certify that the stormwater system has been constructed in accordance with the approved plans. A copy of the certificate and works as executed plans shall be supplied to the Certifying Authority.

 

72.       Work-as-Executed Plan. A Work-as-Executed plan is to be submitted to the Principal Certifying Authority (PCA) and to Lane Cove Council if Council is not the nominated PCA.

 

The Work as Executed plan:

 

(a)        Shall be signed by a Registered Surveyor, &

(b)        Shall clearly show the surveyor’s name and the date of signature, &

(c)       Shall be in accordance with Council’s standards and specifications for

           stormwater drainage.

(d)        Is to include details of the storm water drainage system

 

73.       On-site Stormwater Detention Certification. The submission of certification by a suitably qualified Civil Engineer for the on-site stormwater detention system, attesting the storage volume, discharge rate and satisfactory operation of the system prior to prior to the issue of the Occupation Certificate.

 

 

 

 

74.       On-Site Stormwater Detention System - Marker Plate.  Each on-site detention system shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in Council’s ‘standards and specifications for stormwater drainage’. An approved plate may be purchased from Council's Customer Service Centre on presentation of a completed Lane Cove OSD certification form.

 

75.       Positive Covenant - (OSD).  Documents giving effect to the creation of a Positive Covenant over the on-site stormwater detention system shall be registered on the title of the property. The creation of a Positive Covenant under Section 88E of the Conveyancing Act 1919, burdening the property with the requirement to maintain the stormwater detention system on the property. The wording of the terms of the Positive Covenant shall be in accordance with Council’s standards and specifications for stormwater drainage and On-site Detention Systems. The documents prepared shall be submitted to Council prior to registration with the Land and Property Information and prior to the issue of the Occupation Certificate.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plans

2 Pages

 

AT‑2 View

Neighbour Notification Plans

2 Pages

 

 

      


Ordinary Council Meeting 19 May 2008

 

General Managers Report No. 21

 

 

 

 

 

Reference:    General Managers Report No. 21

Subject:          Presentation by Sydney Airport Staff on the Runway Safety Enhancement Project    

Record No:    SU1339 - 17333/08

Author(s):       Peter Brown 

 

 

 

Executive Summary

 

Sydney Airport staff will attend the Council Meeting to present a Powerpoint Presentation which will run for approximately 15-20 minutes to discuss the Runway Safety Enhancement Project.

 

 

 

RECOMMENDATION

 

That Standing Orders be suspended to allow Sydney Airport Staff to make a presentation on the Runway Safety Enhancement Project.

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 19 May 2008

 

Corporate Services Division Report No. 27

 

 

 

 

 

Reference:    Corporate Services Division Report No. 27

Subject:          Council and Committee Meeting Schedule - June 2008    

Record No:    SU1915 - 17552/08

Author(s):       Ian Naylor 

 

 

 

Executive Summary

 

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

 

 

June 2                         Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

June 16                       Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

 

RECOMMENDATION

 

That the Council and Committee Meeting Schedule for June 2008 be adopted.  

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 19 May 2008

 

Corporate Services Division Report No. 29

 

 

 

 

 

Reference:    Corporate Services Division Report No. 29

Subject:          Policy Manual Review - Stage 2    

Record No:    SU241 - 17758/08

Author(s):       Cudilla Crystal ; Craig Wrightson 

 

 

Executive Summary

 

This report forms the second stage of an organisational review of the Lane Cove Council Policy Manual (“Policy Manual”), which provides a reference for all policies adopted by Council.  The purpose of this report is to make further recommendations to Council for the amendment of the Policy Manual and to provide a further report to Council in relation to Policy No. D01006 regarding the use of Council’s logo.

 

Background

 

At its meeting on 21 April 2008, Council considered Corporate Services Division Report No. 21 – Policy Manual Review Stage 1. Stage 1 of the review looked at the policies under headings A to K and the report recommended amendments to those policies. Council resolved at that meeting:

 

1.      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 subject to the following additional amendments:-

 

a)   C04001 – Deletion of the word “written”.

b)   D01011 – The policy not be deleted.

c)   D02001 – Clause 1 to read:-

“The authority delegated by Council in the past to the Mayor and to each new Mayor taking office.”

d)   D02003 – Clause 1 to read:-

“The authority delegated by Council in the past to the Deputy Mayor and to each new Deputy Mayor taking office.”

e)   F01003 – Paragraph 1 to read:-

“That Council make a contribution towards common boundary fences on a case by case basis  . . . . “

 

2.      A further report be submitted to Council in relation to Policy No. D01006 regarding use of Council’s logo.

 

In relation to Policy No. D01006 regarding use of Council’s logo, the Stage 1 policy review suggested that the parts of the policy providing Councillors with access to use the logo as they feel appropriate be deleted. In line with Council’s resolution legal advice on the issue was obtained from Council’s in-house solicitor, the following is an extract of the advice:-

 

“The danger of allowing any individual members of ANY body corporate - whether a local council or a corporation under the Corporations Act - to use Council letterhead and/or the Council logo for any purpose they deem prudent provided it correctly reflects Council to the public is that ordinary members of the public may be misled into believing that the document containing the official logo of the body corporate is an official document (eg official public notice, etc) of the body corporate. Such conduct might even amount to misleading or deceptive conduct that can attract, where the conduct is that of an individual as opposed to a corporation, the imposition of court-imposed penalties up to $220,000.00.”

 

 

 

Although this untoward type of conduct has occurred not infrequently in local government, I am not aware of anything similar having occurred in the corporate world in this country during the 30 years that I have been practising law. If directors of a corporation were to engage in such conduct they could easily be seen to be in breach of their statutory duty to act honesty. As you are aware, Councillors in NSW are under a similar statutory duty to act honestly and in good faith: see s.439(1) of the Local Government Act 1993 (NSW).

 

A number of councils have experienced difficulties where one faction on the Council uses the logo in what is little more than a calculated smear campaign against one or more other factions of the council in question, implying that the first mentioned faction is the only one that has the public best interests at heart.

 

In my view, the only practical way of avoiding this kind of unacceptable behaviour is to prohibit the use, by individual members of Council, whether acting as separate individuals or otherwise jointly and severally, of the Council logo and to reserve the use of the latter strictly for use by Council ITSELF for or in connection with the exercise of any one or more of its statutory functions. Insofar as letterhead is Council, the risk of untoward problems can be greatly reduced if a special Council letterhead is prepared and printed, and suitably annotated with words such as "Councillors Rooms" (or something similar) superimposed thereon, for the exclusive use of Councillors when replying to constituents and so forth.”

 

In light of the above, it is recommended points 2. and 4. of the policy be deleted, viz:-

 

2.         Council letterhead be supplied for use by Councillors in any manner which they feel is prudent and which correctly reflects Council to the public.

 

4.         That if a Councillor uses Council letterhead for sending correspondence to the public, the correspondence is to clearly indicate that it is being authored by a specific Councillor and not by Council.

 

If Councillors require letterhead, the letterhead would read ‘Councillor XYZ – Lane Cove Council’.

 

Discussion

 

Stage 2 Recommended Amendments

 

Attached at AT-1 is the Policy Manual Review Stage 2 recommended amendments. Proposed deletions in AT-1 are indicated with strikethrough text and additions/amendments are in bold italics. References to ‘REVOKED’ are from previous reviews.

 

Stage 2 deals with Development related policies and includes any policies that were not reviewed in Stage 1 despite falling under headings A to K (i.e. policies under heading B02000 Building Proposals and those policies relating to Development Applications). Any policies not being reviewed in Stage 2 will be subject to a separate report for consideration by Council.

 

Policies that are tagged with an asterisk (*) will be reviewed upon being included in future Development Control Plans (DCPs).  As a result, it is recommended that these policies remain in their current state during this review.

 

Below is commentary on policies that are recommended for amendment as shown in AT-1:

 

 

 

 

 

 

BO2001 – Notification of Development Applications

 

This policy relates to the notification of residents in the decision making process of a proposed development. Amendments are sought to clarify the existing Policy and to provide flexibility on unusual sites where a degree of judgement is required to make the notification of affected residents and property owners more efficient.

 

For “change of use” applications in the business and industrial zones it is proposed to remove the requirement to notify, in order to assist the establishment of new businesses. These are minor type applications where there is no impact on neighbouring properties or the area. In addition, references to staff positions have been altered to General Manager, with the General Manager to delegate the responsibility as appropriate. It is recommended that the Policy Manual be amended accordingly.

 

B02002 - Ground Levels related to Floor Levels to be Shown on Plans

 

This policy relates to information provided in order to assess development applications. As ground levels on plans are standard requirements as per the Development Application form, it is unnecessary to have a policy on this issue. It is recommended that this policy be deleted.

 

B02007 - Carports

 

* No review has been undertaken at this time, this policy will be included in the new Residential Flat Development Control Plan.


B02010 – Plaza – Shop Awnings

 

* No review has been undertaken at this time, this policy will be included in the new Commercial Development Control Plan.

 

B02011 – Plumbing

 

* This policy has been amended to refer to ‘dwelling houses’ rather than ‘single dwellings’ to be in line with current Council practice. It should also be noted that this policy will be included in the Residential Flat Development Control Plan.

 

B02012 – Power Poles

 

* No review has been undertaken at this time, this policy will be included in the new Dwelling House Development Control Plan and Residential Flat Development Control Plan.

 

B02016 – Solar Hot Water Services

 

This policy relates to the use of solar hot water systems and minimising the impact on the neighbourhood.  The contents of this policy are currently covered under ‘DCP 6 – Exempt and Complying Development’ and solar hot water systems are exempt under these provisions.  The only exception is in the case of heritage items, where a Development Application will be required.

 

It should also be noted that solar hot water systems will be included in the Dwelling House Development Control Plan.

 

As solar hot water systems are already controlled by DCP 6, it is recommended that this policy be deleted.

 

 

 

 

B02019 - Residential Flat Requirements

 

* No review has been undertaken at this time, this policy will be included in the new Residential Flat Development Control Plan.

 

B02023 – Strata Title Units Development Applications

 

This policy requires that the Body Corporate of Strata Title Units are aware of any proposed works to a property. However, it is Council’s practice that in order for any applicant to lodge a development application, the application must have Owner’s Corporation consent.  Therefore, it is recommended that this policy be deleted.

 

B02024 - Ventilation Code

 

This policy relates to the adequate ventilation to buildings. As SEPP 65 has replaced the contents of this policy, it is recommended that this policy be deleted.

 

B02025 – Natural Ventilation of Public Garages

 

Natural ventilation of public garages is now covered by Building Code of Australia (BCA) requirements. It is this recommended that this policy be deleted.

 

B02029 - Inclinators

 

* No review has been undertaken at this time, this policy will be included in the new Residential Flat Development Control Plan.

 

B02030 – Australian Height Datum

 

This policy aims to ensure adequate information is provided in development applications by requiring levels and heights to be shown by the applicant.  These requirements are standard requirements in a Development Application submission and in approval conditions, it is not necessary to have a policy on the matter. It is this recommended that this policy be deleted.

 

D03006 – Trade Waste Control

 

The policy refers to the Sydney Water Trade Waste Office address and this reference has been deleted so that the policy will not date as a result on any relocations. It is recommended that the Policy Manual be amended accordingly.

 

D03007 – Solar Access 

 

The promotion of solar access in design is a principle which is incorporated into existing Council Codes and DCP’s. It is recommended that this policy be deleted.

 

D03008 – Development Application Fees

 

Council’s Development Application fees are set by the Department and Council applies these fees accordingly.  These fees are not included in Council’s Fees and Charges document. It is recommended that this policy be deleted.

 


D03009 – Bond/Bank Guarantees – Development/Building Applications Involving Significant Trees

 

The Environmental Planning and Assessment Act 1979 (NSW) prohibits bonds on private trees. This policy can only relate to Council trees and public trees. It is recommended that this policy be deleted.

 

D03010 – Reflective Glass in External Walls

 

This policy will be covered in the new Residential Flat Development Control Plan and the Commercial Development Control Plan. The policy has been amended to refer to ‘development’ applications rather than ‘building’ applications. It is recommended that the Policy Manual be amended accordingly.

 

D03011 - Developments - Expression of Opinion

 

This policy is not current Council practice and the process outlined fetters Council’s discretion and or potentially creates a professional indemnity claim where the final decision differs, despite the inclusion of a disclaimer. Any site consolidations should be addressed in a Development Application. It is recommended that this policy be deleted.

 

D03012 – Models of Development Proposals

 

Council’s current practice requires models of development proposals where developments exceed $1 million and it is recommended that the policy be amended to replace the current $5 million amount. The policy has also been amended to allow photo montages or computer generated models (Simmersion) where staff agree they provide equivalent detail and information. It is recommended that the Policy Manual be amended accordingly.

 

L01001 – Battleaxe Subdivisions

 

This policy requires safeguards to ensure carriageways are constructed properly by requiring covenants.  It is current Council practice to require subdivision designs to meet the required standards for driveways, however, beyond this is between the parties involved in the subdivision to manage the matter into the future. It is not considered practical to utilise covenants to manage subdivisions. It is recommended that this policy be deleted.

 

L01002 – Strata Subdivisions

 

This policy has been amended to refer to ‘dwellings’ rather than ‘cottages’, as this is more in line with current Council terminology. It is recommended that the Policy Manual be amended accordingly.

 

L01003 - Subdivisions - Garbage Collection Areas

 

This policy relates to the collection of garbage at the subdivision stage. As this is covered by Council’s Codes and DCP’s, it is recommended that this policy be deleted.

 

P01003 – Off Street Parking Contribution

 

The provision of funds for the provision of future car parking spaces is subject to Council’s Section 94 Contribution Plan. The s94 Plan supersedes this policy and it is therefore recommended that this policy be deleted.

 


R01001 – Rain Water Tanks

 

Rain water tanks are regulated in DCP 6 – Exempt and Complying Development and are exempt under these provisions.  As DCP 6 overrides this policy, it is recommended that the Policy Manual be amended accordingly.

 

R03001 - Proposed Rezonings

 

The policy aims to ensure accountability for initial decision making on whether or not to proceed with rezoning. Reference to Division 4 of the Local Environmental Plan should instead refer to Part 3 of the Local Environmental Plan. The policy should also reflect the broader application of Part 3 and the words “medium density development” have been deleted and replaced with "for change of land use". It is recommended that the Policy Manual be amended accordingly.

 

R03002 - Rezoning Request 

 

Council requires that any rezoning request has the consent of the owner of the property. This policy has been amended to require a letter “signed by the owner” be provided rather than a “letter from the owner”. This is more in keeping with Council’s current practice. It is recommended that the Policy Manual be amended accordingly.

 

R03003 - Notification Policy - Amending LEP'S & DCP'S

 

Minor wording changes have been made to improve readability of the policy. It is recommended that the Policy Manual be amended accordingly.

 

S03001 – Swimming Pools

 

This policy relates to the provision of swimming pools in the local area. Swimming pools are covered by the Dwelling House Code, addressing issues such as setbacks, height, filters and pumps as required by the Swimming Pools Act 1992. It is recommended that this policy be deleted.

 

T01004 – Construction Zones

 

This policy concerns the use of construction zones and the charges for the provision of construction zones. This policy is not necessary as charges are not levied for a number of types of works such as hoardings and driveways. It is recommended that this policy be deleted.

 

W01002 – Walls Supporting Footpaths

 

Council’s practice on this matter is not to contribute to walls supporting footpaths unless Council was the party which constructed the particular wall. Where Council has constructed a wall supporting footpaths, Council’s practice is to pay for 100% of the cost of reconstruction. It is recommended that this policy be deleted.

 

W01009 – Vehicular Access to Multi-Unit Housing

This policy relates to vehicular access points to multi-unit housing sites. The assessment of vehicular access is covered by Australian Standard 2890.  As Council’s practice is to apply AS 2890 provisions, it is recommended that this policy be deleted. 

 


Conclusion

 

This report formed the second stage of an organisational review of the Lane Cove Council Policy Manual. This report makes further recommendations to Council for the amendment of the Policy Manual and provided a further report to Council in relation to Policy No. D01006 regarding the use of Council’s logo. None of the amendments or deletions are such that it is considered necessary to undertake community consultation. Further reports will be submitted in relation to the remainder of the Policy Manual.

 

RECOMMENDATION

 

That Council:-

 

1.   Amend the policies in the Policy Manual that are listed in attachment AT-1 – Lane Cove Council Policy Manual Review 2008 Stage 2 dated 14 May 2008 as shown in that Attachment.

 

2.   In relation to Policy No. D01006, use of Council’s logo, parts 2 and 4 be deleted.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Policy Manual 2008 Review Stage 2

30 pages

 

 

 


Ordinary Council Meeting 19 May 2008

 

Corporate Services Division Report No. 30

 

 

 

Reference:    Corporate Services Division Report No. 30

Subject:          3rd Quarter Review of 2007-2010 Management Plan    

Record No:    SU238 - 17771/08

Author(s):       Ian Naylor 

 

 

Executive Summary

 

The Local Government Act requires Council to report on quarterly progress of the activities and projects listed in the Management Plan.  It is recommended that the report be received and noted.

 

Discussion

 

This report discusses the highlights of the Third Quarter in 2007-2008 and provides a detailed analysis of the Third Quarter progress against the performance measurements adopted by Council in the 2007-2010 Management Plan, shown attached to the report as AT 1.  A continuing feature of the review is where applicable a cumulative year-to-date figure for performance measures. 

 

Some of the highlights for the quarter include:-

 

·     Successful Harmony Day in the Plaza included Drumbeats workshop (March 2008)

·     Draft Local Environmental Plan 2007 exhibited for community consultation (January 2008)

·     Backyard Habitat Program launched in the Plaza (January 2008)

·     Lane Cove and Willoughby City Councils joined to celebrate International Women’s Day (March 2008)

·     Tantallon Oval hosted the 2007/2008 Frank Gray Shield Final (March 2008)

·     Demolition of Lane Cove Library and re-location of part of the library to Community Centre.

 (March 2008)

·     Council supported Earth Hour 2008 which aims to combat global warming (March 2008).

·     Upgrade bush walking tracks in Lovetts Reserve (February 2008)

·     Undertake Stage 3 of tee/green improvement program (March 2008)

 

 

RECOMMENDATION

 

That the Third Quarter Review of the 2007-2010 Management Plan be received and noted.

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

3rd Quarter Review of 2007 - 2010 Management Plan

 

 

 

 


Ordinary Council Meeting 19 May 2008

 

Corporate Services Division Report No. 32

 

 

 

 

 

Reference:    Corporate Services Division Report No. 32

Subject:          3rd Quarter 2007-2008 Budget Review    

Record No:    SU3072 - 17883/08

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

The Third Quarter Budget Review records an operating budget surplus of $250,442 and involves a variety of variations in both income and expenditure. It is recommended that the Budget be varied in terms of the report.

 

Background

 

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

 

Discussion

 

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

 

 

Original Budget 2007/2008

1st Quarter Adjustment

2nd. Quarter Adjustment

3rd quarter Adjustment

Revised Budget 2007/2008

Expenses from Continuing Operations

$27,417,033

$121,704

$195,000

 

$179,700

$27,854,737

Income from Continuing  Operations

$27,417,033

$121,704

$195,000

 

$430,142

$28,105,179

Surplus/- Deficit

$0

$0

$0

$250,442

$250,442

Capital Grants & Contributions

$247,657

$0

$0

 

$312,000

$559,657

Surplus/- Deficit after Capital Income

$247,657

$0

$0

 

$562,442

$810,099

 

The review includes a provision for a bad and/or doubtful debt of $121,000 in connection with the recently terminated, Lane Cove Golf Course Management Lease (Jason Benham Golf Pty Ltd), a reduction of $40,000 in income from the Lane Cove West Parking Meter project which did not proceed and reduced income of $18,700 from the Longueville Road Car Parking Meter which was removed in connection with the R.T.A. road widening of Epping Road.

 

Interest from Investments is now estimated to yield an additional $395,142 arising from a combination of increased level of funds being available for investment resulting from delays in commencement of a number of capital projects together with four official interest rate rises in 2007/2008 Y.T.D. plus a number of unofficial interest rate increases by various banks.  The profit on Sale of Council plant and motor vehicles is anticipated to result in $50,000 for the year, $35,000 above the original budget arising from increased resale values from the diversified fleet. Unbudgeted Capital income of $312,000 has also been received from Section 94 Developer Contributions.

 

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

 

Prog No.

Program

Variation

1.1

Administration

($86,000)

8.5

Parking Areas

($58,700)

10.1

General Purpose Revenue

$395,142

 

Net Operating Budget Variation

$250,442

2.1

Planning Services

$312,000

 

Net Capital Budget Variation

$312,000

 

Statutory Report

 

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

 

 

 

RECOMMENDATION

 

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

 

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

3rd Quarter 2007 / 2008 Budget Review Attachment - Details of Variations

1 Page

 

 

 


Ordinary Council Meeting 19 May 2008

 

Corporate Services Division Report No. 34

 

 

 

 

 

Reference:    Corporate Services Division Report No. 34

Subject:          Goods and Services Tax Certificate of Compliance    

Record No:    su1915 - 18004/08

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

This report recommends Council sign a GST Compliance Certificate as required by the Department of Local Government.

 

Discussion

 

The due date for this year’s GST Compliance Certificate is 31 May 2008.  Accordingly, it will be necessary for Council to pass a resolution in order for the Certificate to be submitted.

 

The Certificate confirms that: -

 

·     Voluntary GST has been paid by Council for the period 1 May 2007 to 30 April 2008.

·     Adequate management arrangements and internal controls were in place to enable Council to adequately account for its GST liabilities and recoup all GST input tax credits eligible to be claimed.

·     No GST non-compliance events by Council were identified by or raised with the Australian Taxation Office.

 

As Council’s Responsible Accounting Officer, I Craig Wrightson confirm that Council’s obligations in relation to GST have been met for the period, and the certificate should therefore be signed.

 

 

 

RECOMMENDATION

 

That a Certificate of Compliance for Council’s GST obligations be signed by the Mayor, one other Councillor, the General Manager and the Responsible Accounting Officer for the period 1 May 2007 to 30 April 2008.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Goods and Services Tax Certificate

1 Page

 

 

   


Ordinary Council Meeting 19 May 2008

 

Human Services Division Report No. 8

 

 

 

 

 

Reference:    Human Services Division Report No. 8

Subject:          Public Libraries NSW - Country (PLC) 2008 Conference    

Record No:    SU2122 - 16923/08

Author(s):       Jennifer Bice 

 

 

Executive Summary

 

The Public Libraries NSW – Country Association (PLC) is hosting its 2008 Conference, The Power of Place in Tamworth from 29 July – 1 August 2008.

 

The PLC is an Association of Council libraries from country and rural NSW.  The country libraries share many of the concerns of the Public Libraries NSW – Metropolitan Association (PLM) including the issues arising from recent Review of Public Library Funding. The two Associations are working to develop stronger links and more co-operative ventures, with the support of the Local Government and Shires Associations of NSW.

 

It would be appropriate for Councillor Win Gaffney, as Vice President of Public Libraries NSW – Metropolitan Association (PLM) to attend the Conference. As Vice President of PLM, Councillor Gaffney will be working to strengthen the relationship with the Executive of PLC in preparation for future Library development and planning in NSW.

 

In 2009, the two Associations will host their first joint Conference. In future years, the two Associations will host joint conferences in alternate years.

 

The cost for the 2008 Conference includes registration, accommodation and return flights to Tamworth will be approximately $1000.  It is intended that the Manager – Library Services will also attend.

 

 

 

RECOMMENDATION

 

That Councillor Win Gaffney attend the Public Libraries NSW – Country Association Conference, The Power of Place to be held at Tamworth 29 July to 1 August 2008.

 

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.