Late Agenda

Ordinary Council Meeting

16 June 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 16 June 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.

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Ordinary Council Meeting 16 June 2008
Environmental Services Division Report No. 262

Reference: Environmental Services Division Report No. 262

Subject: S96-102-104 Longueville Road, Lane Cove

Record No: DA06/238-01 - 21453/08

Author(s): May Li

Property: 102-104 Longueville Road, Lane Cove

S96 Application No: 238/2006C

Date Lodged: 22 May 2008

Cost of Work: $1,500,000.00 (as original development)

Owner : Longueville Holding Pty Ltd

Author: May Li

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION	Section 96 modifications to the Development Consent No. 238/2006 for additional gross floor space.
ZONE	3(a) – Business General
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 5, 6 & 7
STOP THE CLOCK USED	No
NOTIFICATION	In accordance with the original notification list

REASON FOR REFERRAL:

The original development was approved by Council. The Section 96 Modification involves variations to the floor space ratio (FSR) and parking requirements of Business Zones Development Control Plan (the DCP).

The S96 Modification application is submitted to Council for a decision.

The Mayor has requested that Council consider this report as a matter of urgency.

EXECUTIVE SUMMARY:

The subject site is located within 3(a) zone and the maximum permitted FSR for the subject site is 2:1 in accordance with the DCP.

The S96 proposed works have been carried out prior to the consideration of Council. The proposal would increase the FSR of the subject site from 2.01:1 to 2.67:1 which exceeds the maximum permitted GFA by 295m² for the site. Although it would not alter the foot print or the height of the original approved development, however, the unauthorized building works has resulted in additional gross floor space and the parking provision of the development would not comply with the requirements of the Business Zones Development Control Plan. The unauthorized works may not have any significant changes to the bulk and the scale of the approved building. However, there are no additional parking spaces proposed to meeting the parking requirements of the DCP.

The S96 Modification application is recommended for approval subject to conditions including a Section 94 contribution for the short fall of the off street parking provision.

SITE:

The subject site is located on the eastern side of Longueville Road between Little Street and Central Avenue within the Lane Cove Shopping Centre. It has rear lane access to Little Lane and falls from Longueville Road frontage to Little Lane boundary by approximately 6m. The surrounding development comprises retails shops, offices and shop top dwellings.

PREVIOUS APPROVALS/HISTORY:

· Development Application No. 238/2006 for the demolition of two existing commercial buildings and construction of a 3-5 storey commercial building was approved by Council on 23 February 2007. The approved building comprises a 111m² unroofed areas in the centre of the building containing void area for internal court yards and common terraces. The unroofed area was designed for the compliance of the FSR requirement and providing light and ventilation to the building. The FSR of the approved building was 1.87:1

· A Section 96 Modification Application No.238/2006A for the enclosure of part of the internal court yard for additional retail space, storage area and plant rooms with the FSR of 2:1 was approved under the delegated authority on 23 July 2007.

· A Section 96 Modification Application No.238/2006B for the enclosure of the remaining internal court yard was lodged to Council on 11 March 2008. During the assessment of the S96 application, Council officer noted that the building is constructed in accordance with the Construction Certificate Plans but are inconsistent with the approved plans. The applicant decided to lodge a separated S96 application to address the variations between the Construction Certificate plans and the approved plans.

· Development Application No. 78/2008 for the change of use to an office at Level 2 was lodged on 18 March 2008. The assessment of the application has revealed that the floor plan is inconsistent with the approved plans. The development application assessment has been deferred pending on the decision of the latest S96 application.

PROPOSAL:

The Section 96 proposal involves the following amendments to the development consent:

· Basement Level: Addition of fire stairs, and relocation of the lift and service rooms. (The area of the fire stairs is included in the GFA calculation. Additional of 9m² to the GFA on this level).

· Lower Ground Level: Addition of fire stairs, deletion of the plant room, relocation of the public toilet and increase of retail space. (The plant room and the public toilet are not included in the calculation of GFA. Additional of 54m² GFA).

· Ground Level: Conversion of the public toilet and internal terrace areas to retail space and relocation of the fire stairs. (Additional of 134m² GFA).

· First Floor: Conversion of the common terrace area to additional commercial space and relocation of fire stairs (Additional of 37m² GFA).

· Second Floor: Conversion of unroofed commercial terrace space to commercial space, relocation of fire stairs, and conversion of part of the storage area to toilet area. (Additional of 30m²GFA).

The FSR of the S96 proposal is 2.67:1 which is 295m² in excess of the maximum permitted GFA for the site.

Refer to the AT1 for the plans of the S96 proposal.

PROPOSAL DATA/POLICY COMPLIANCE:

Site Area (442m²)

	PROPOSED	CODE	COMPLIES
Floor Space Ratio (max)	2.67:1	2:1	No
Soft Landscaped Area (min)	Nil	N/A	N/A
Side Boundary Setback (min)	Nil	N/A	N/A
Overall Height (m) (max)	No change to the original consent.	3 storey and 9.5m fronting Longueville Rd 5 storey fronting Little Lane	No change to the compliance of the DCU
No of Storeys	3-5 storey No changes to the original development consent	3-5 storey	No change to the compliance of the DCP
Building Line (max)	3m from the façade of the building to Little Lane	3m from the façade of the building to Little Lane	Yes
Balcony width (max)	1m	1m for residential balconies	No change to the compliance of the DCP

REFERRALS:

Manager Urban Design and Assets

No required – The Section 96 proposal does not alter the design of the stormwater drainage and the traffic management of the site.

Manager Open Space

No required. There is no landscaping requirement in the DCP for the subject site.

Other (Heritage, Traffic, Waterways, Rural Fire Service)

Not applicable

Lane Cove LOCAL Environmental Plan 1987 (Section 79c(1)(a))

It is considered that the Section 96 amendment application does not alter compliance with the Lane Cove LEP 1987.

Other Planning Instruments

Business Zones Development Control Plan

The designs of the original development DA238/2006 and the Section 96 amended development DA238/2006A comply with the requirements of the DCP.

Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b), and (1)(c))

The preceding policy assessment table identifies those controls that the proposal does not comply with.

The Section 96 Modification seeks a variation to the FSR requirement of the DCP.

Clause 7 of the DCP states that the maximum floor space ratio for the proposed development is 2:1. The S96 modification seeks a variation to the requirement of the DCP. The additional covered area would increase the gross floor area of the site by 295m² which requires an additional 7 parking spaces. No additional off street parking spaces are included in the S96 proposal.

The proposed development would increase the parking demands to the Lane Cove Shopping Centre. A Section 94 contribution is required in accordance with the Lane Cove LEP 1987.

The amount of the S94 Contribution is $18,576 x 7 = $130,032.00; current rate.

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

The Section 96 Modification proposal was notified in accordance with Council’s notification policy. A submission from Residents and Shopkeepers for Appropriate Development (RASAD) was received in response to the notification of the development application.

The submission has not raised any objections to the design of the S96 proposal. However, raised concerns to the performances of the Principal Certify Authority of the proposed development. The building was constructed in accordance with the Construction Certificate Plans which were approved by the PCA and the Construction Certificate Plans are inconsistent with the approved plans.

CONCLUSION

The application has been assessed in accordance with the provisions of the Environmental Planning and Assessment Act, 1979 as amended with all matters specified under Section 79C (1) Clauses (a) to (e) and Section 96(2) have been taken into consideration.

The proposed works have been completed prior to the consent of Council. Council is able to approve retrospective building works under Section 96 of the Environmental Planning and Assessment Act 1979.

It is considered that the S96 proposal would not change the external appearance of the approved building and is unlikely to have any significant adverse impacts to the streetscape. However, the additional GFA would increase the demands to the on street parking facility. This issue is able to be addressed by a S94 Contribution. The S96 Modification application is therefore recommended for approval subject to conditions.

RECOMMENDATION

That Council as the consent authority pursuant to section 96(1) or (1A) or (2) of the Environmental Planning & Assessment Act 1979 modify Development Consent No. 238/2006 for demolition of two existing commercial premises and construction of a new 3-5 storeys commercial building comprising 11 retails shops, 4 commercial spaces and 10 parking spaces at 102-104 Longueville Road, Lane Cove in the following way:

A. Condition No. 1 of the development consent to the amended and read as the follows:

“1. (20) That the development be strictly in accordance with the Elevations and Section Drawing numbered DA06 to DA08 inclusive dated 12 July 2007 prepared by Wolski Lycenko & Brecknock Architects, and floor and roof plans numbered 0632-Sect96-2_01 to 0632-Sect96-2_06, dated 21 May 2008, prepared by Csquared Architects Pty Ltd”

B. The following additional condition is imposed and read as the follows:

“92. (22) THE PAYMENT OF A CONTRIBUTION OF $130,032.00 TOWARDS THE COST OF ACQUISITION AND IMPROVEMENT OF CAR PARKING MADE IN LIEU OF THE SEVEN (7) CAR SPACES NOT PROVIDED FOR ON SITE. CONTRIBUTION TO BE MADE PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE AND TO BE AT THE CURRENT RATE AT TIME OF PAYMENT. THE AMOUNT IS AT THE CURRENT RATE OF $18,576.00, PER PARKING SPACE NOT PROVIDED ON SITE. NOTE: PAYMENT MUST BE IN BANK CHEQUE. PERSONAL CHEQUES WILL NOT BE ACCEPTED.

THIS CONTRIBUTION IS UNDER LANE COVE COUNCIL SECTION 94 CONTRIBUTIONS PLAN WHICH IS AVAILABLE FOR INSPECTION AT THE CUSTOMER SERVICE COUNTER, LANE COVE COUNCIL, 48 LONGUEVILLE ROAD, LANE COVE.

Michael Mason

Executive Manager

Environmental Services Division

ATTACHMENTS:

AT‑1 View

S96 proposal plan

6 Pages

Ordinary Council Meeting 16 June 2008
Environmental Services Division Report No. 37

Reference: Environmental Services Division Report No. 37

Subject: Draft Local Environmental Plan 2008 - DLEP Objectives, Neighbourhood Shops Floor Area & FSR Definitions

Record No: SU1454 - 21510/08

Author(s): Councillor Kay Freedman; Peter Thomas; Stephanie Bashford; Brendan Metcalfe

Executive Summary

This Report has been prepared upon Council’s request of 10 June, in order to propose supplementary amendments for the re-exhibition of the Draft Comprehensive LEP.

It is recommended that Council include in the second exhibition of the Draft LEP: (i) amendments to provide for an increased maximum size of neighbourhood shops and (ii) additional objectives for the Draft LEP to enhance the character of the Lane Cove municipality and its specific zones. It is not recommended that there be any change to the permissible floor space ratio standards.

Background

At the Extraordinary Meeting of 10 June 2008, Council made a number of resolutions regarding the Draft Comprehensive LEP, including a resolution to adopt it for a second exhibition in order to incorporate a series of amendments responding to the public submissions received from the first exhibition held earlier this year.

Resolution 6 was as follows, that:-

6. A further report be submitted to the next Council Meeting addressing the following issues:-

a. Options for an increase in the retail floor area of neighbourhood shops.

b. Inclusion of additional specific zone objectives within the plan.

c. The impact of the new definition for the calculation of FSR in the NSW LEP Template.

The purpose was that any further amendments which Council wished to incorporate into the Draft LEP as a result of this supplementary report (now Report No.37) could be included in the draft plan’s second exhibition as DLEP 2008.

Discussion

The following information has been prepared since the meeting of 10 June for Council consideration.

a. Options for an increase in the retail floor area of neighbourhood shops

The NSW Template requires Council to specify a maximum size for neighbourhood shops.

A Neighbourhood Shop means “a retail premises used for the purpose of selling foodstuffs, personal care products, and other small daily convenience goods for the day-to-day needs of people who live or work in the local area, and may include ancillary services such a post office, bank, newsagency or dry cleaning”.

Factors to be considered include:-

* Council’s previous request to permit minimarkets in the B1 Neighbourhood Centre zone of DLEP 2008

* the current size of existing establishments

* average size of shops in this zone throughout the LGA and

* the character of local shopping precincts.

Table 1 below shows examples of various sizes of existing shops in within the B1 zone, and

one example from the Lane Cove Village for comparison.

Table1: Shop sizes in Lane Cove

Shop	Frontage (m)	Size (m²)
Figtree Cellars – Lane Cove West	9	390
Agora - Lane Cove West	12	388
Lane Cove West Fruit Shop	16	290
IGA - Greenwich	9	270
Chemist - 152 Burns Bay Road	8	235
Thomas Dux - Lane Cove Village Centre	15	652

The IGA in Greenwich currently operates over a 9 metre frontage with approximately 270m² of floor space. The shop fits in with the small scale businesses operating around it in the local centre. The Lane Cove West fruit shop is a similar size at 290m² located just off the sub arterial Centennial Avenue.

Larger shops within the B1 zone are Figtree Cellars and the Agora in Lane Cove West. These shops are approximately 25% bigger than the IGA at Greenwich and could be viewed as exceeding the definition of neighbourhood shop of “servicing the day-to-day needs of the people who live or work in the area”. These shops may be in competition with the Commercial Core of the Lane Cove Village. Other local shops in the municipality e.g. takeaway and newsagents were closer to 100m², with the average size of a local shop in the survey 120 m².

Having had regard to the typical moderate scale of the majority of shops, staff have observed that a maximum shops size of 300m2 would appear appropriate for the neighbourhood character of the B1 zone generally. This would in effect preclude the future development of additional fruit markets, liquor stores and supermarkets of the scale to attract wider subregional trade, of which there is already a supply in Lane Cove.

It is recommended that a maximum floor area of 300m2 be permissible in the Neighbourhood Shops B1 zone.

An alternative would be to permit (i) a 400m2 maximum in the centres located on regional roads, which are Lane Cove West, Burns Bay Road and Northwood Road, and (ii) 300m2 maximum in the neighbourhood centres on local roads, that is, as Greenwich and Yorks Corner (and Innes Road, though this is used for small-scale commercial premises rather than shops). It was noted in Council’s survey of these centres in 2001 that the proportion of their customers who are from outside the municipality is, not surprisingly, significantly higher in the centres on regional routes, so that their trade plays a role which should be recognised in the local economy, However the demand for larger stores should not prevent the preservation of areas retaining the local village character of smaller shops and cafes valued in Lane Cove.

b. Inclusion of additional specific zone objectives within the plan

A number of additional Objectives for the DLEP have been proposed, and are shown in the document at AT1. These include general objectives for the introductory section of the plan, and individualised objectives for the specific zones. They would assist the development approval process in strengthening the provisions for the preservation of Lane Cove’s character.

It is recommended that the DLEP be amended to include these additional objectives for exhibition.

c. The impact of the new definition for the calculation of FSR in the NSW LEP Template.

The Development Assessment has provided an analysis of examples of residential and commercial development approval plans, as attached at AT 3.

The conclusion is made that the variation in floor space would marginal. Whilst the suggestion to undertake this study was worthwhile, so as to ensure that no significant difference existed, it is recommended that no change be made to the FSR standards as exhibited to date.

Community Consultation

Statement of Intent

The consultation is designed to provide opportunity for public comment on proposed amendments to the Draft Local Environmental Plan. Any comments received will be reviewed and evaluated to determine whether or not to proceed with amendments to the draft plan prior to seeking its gazettal.

Method

Level of Participation	Review and comment
Form of Participation	Viewing exhibition and opportunity for making submissions, discussions with staff
Target Audience	Municipality’s public generally, including property owners
Proposed Medium	Advertisements, targeted letters to owners of land proposed for amended controls
Indicative Timing	June-July

Conclusion

It is recommended that Council adopt for inclusion in the exhibition of the Draft Comprehensive

Local Environmental Plan the following amendments:-

(i) a maximum floor area of 300m2 for neighbourhood shops and

(ii) additional Objectives to increase the provisions for the enhancement of Lane Cove’s character.

It is not recommended that the Floor Space Ratio map be amended in regard to the NSW Standard LEP’s definition, in view of the relatively small difference it would be likely to make and the variations in buildings which would have to be taken into calculation.