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Planning and Building Committee Meeting 16 June 2008
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Environmental
Services Division Report No. 225
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Reference: Environmental
Services Division Report No. 225
Subject: 165 Burns Bay Road, Lane Cove
Record No: DA08/79-01 - 18395/08
Author(s): Stan
Raymont
Property: 165 Burns Bay Road,
Lane Cove
DA No: D79/08
Date Lodged: 19.3.08
Cost of Work: $5,000
Owner : Ekmek
Enterprises Pty. Limited
Author: Stan
Raymont
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DESCRIPTION OF
PROPOSAL TO APPEAR ON DETERMINATION
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Erection of an illuminated pylon sign
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ZONE
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3(c) Business Neighbourhood “C”
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IS THE PROPOSAL
PERMISSIBLE WITHIN THE ZONE?
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Yes
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IS THE PROPERTY A
HERITAGE ITEM?
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No
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IS THE PROPERTY
WITHIN A CONSERVATION AREA?
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No
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DOES DCP 1-
BUSHLAND APPLY TO THE PROPERTY?
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No
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BCA CLASSIFICATION
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Class 10b
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STOP THE CLOCK USED
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No
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NOTIFICATION
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Neighbours 148-150, 152,
154, 161-163
Burns Bay Road; 2 Charlish Lane
and 1 Ross Smith Parade
Ward Councillors Central
Ward
Progress Association -
Other Interest Groups -
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REASON FOR REFERRAL:
This matter has been
called to the Planning and Building Committee by Councillor Gaffney. The site has been inspected by the Inspection
Committee at its meeting of 30 May 2008.
EXECUTIVE SUMMARY:
The proposal is to
erect a free standing illuminated pylon sign at the front of the property
adjoining the north-eastern boundary. The
building on the site is used as a fruit shop, delicatessen and coffee sandwich
bar with associated parking to the rear of the site.
The proposed
illuminated pylon sign is considered to not comply with Council’s adopted
Advertising Structures Code in that the proposed illuminated pylon sign, when
added to the existing signage is excessive in the “village” neighbourhood
centre. This is in terms of scale,
location and the type of the proposed illuminated pylon sign. It is also considered that approval of the
proposal would set an adverse precedent in design, scale and level of
illumination in contrast with the neighbourhood centre’s existing character,
streetscape and vistas.
The proposed pylon
sign also does not comply with Council’s Draft Development Control Plan –
Advertising and Signage dated 13 December, 2007, as it is not permitted in this
neighbourhood centre and it would set an adverse precedent in design scale and
level of illumination in contrast with the neighbourhood centre’s existing
character, streetscape and vistas. There
are no other pylon signs in this village area.
The proposal for the erection of the sign cannot be supported.
The subject site was
subject to a site inspection by the Inspection Committee of 30 May 2008.
SITE:
The site is located
on the northern side of Burns Bay Road at the
junction of Figtree
Street. Charlish Lane runs down
the eastern side of the property.
Existing improvements to the site consist of a single storey brick
building which is used as a fruit shop, delicatessen and coffee/sandwich bar
with associated storage and parking to the rear.
PROPOSAL:
The
proposal is to erect a free standing illuminated pylon sign at the front of the
site adjoining the north-eastern side boundary.
The sign proposed is 1.5m wide x 2m high, and is a double sided white
light box
150mm deep with two steel supports. The total height of the sign above the ground
is 3.6m. The proposed sign is located at
the front of a garden bed and is set back 420mm from the front boundary and 425mm
from the north-eastern boundary with Charlish
Lane attached
(AT1).
The
proposed wording on the sign is:
“Lane Cove Market Place
the
agora
of
Lane Cove
* Fresh Fruit and Vegetables
* Quality Continental
Delicatessen
* Select Continental Grocery
* Gourmet Café
Ph: 9427 2275”
PREVIOUS APPROVALS/HISTORY:
Under delegated
authority to the Manager, Development Assessment, Development Application
No.D320/05 to carry out alterations and additions to the existing retail
premises for use as a fruit shop, delicatessen and coffee/sandwich bar with
associated storage and parking for nine cars was approved on the 2.6.06 subject
to conditions.
Subsequently a
Section 96 Modification was approved under delegated authority to the Manager,
Development Assessment on 29.5.07.
REFERRALS:
Nil
required.
Lane Cove LOCAL Environmental Plan 1987 (Section 79c(1)(a))
The proposal is
permissible within the 3c Business Neighbourhood zoning under the Lane Cove LEP
with Council’s consent.
Other Planning Instruments
SEPP 55 –
Contaminated Land
Clause 7 of the SEPP
requires Council to consider whether the land is contaminated. The site was previously used, some years ago
as a service station. Condition 2 of the
consent given to Development Application No.D320/05 required the underground
storage tanks located in the south section of the site to be decommissioned and
remediated in accordance with the recommendations included in the Preliminary
Site Assessment. The Manager,
Environmental Health advises condition 2 has been satisfied.
SEPP 64 – Advertising
and Signage
The proposed is
considered to be a business identification sign under the definitions of the
SEPP. Business identification signs are
not subject to the requirements of the SEPP.
Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b),
and (1)(c))
In
relation to advertising structures, the Code in place is:
· Advertising
Structures Code adopted by Council on the 14th October 2002.
The Code specifies:
“Applications
for the erection of advertisements and advertising structures shall be
considered by Council on the basis of the provisions of Local Government Act,
and the provisions of this code. In
particular, but without limitation, regard shall be given to:
(a) Design, size, height, materials, scale
and stability of the proposed sign.
(b) Number of existing signs on the building
or premises.
(c) The effect of the proposed sign on the
amenity of the neighbourhood.
Permissible advertising structures in zones other than residential
include pole or pylon signs.
Advertising structures proposed to be erected on any
building or premises shall only contain wording relating to:
i) The
identification or description of the place or premises
ii) The
identification or description of any person residing or carrying on an
occupation at the place or premises.
iii) Particulars
of any occupation carried on at the place or premises.
iv) Particulars
of any activities held or to be held at the place or premises.
Illuminated advertising structures erected upon premises that adjoin or
face residential properties or are likely to have an adverse effect upon
neighbouring residents due to the advertising structure’s illumination shall
not be lit after 11pm.”
Assessment
There are already numerous signs on these premises as
follows:
1. Three
fascia signs (one on each front fascia) reading “the AGORA of Lane Cove”.
2. A
large above the fascia sign reading “the AGORA of Lane Cove”.
3. A wall
sign fastened to the front of the south-western wall of the premises reading
“fresh produce daily
continental
delicatessen
selected
groceries & café
àà parking àà”
4. Two painted wall signs on the front
eastern wall corner reading
“Parking
at rear
______á”
5. A canvas sign attached to the front
eastern side of the front fence reading
“Parking at rear á”
The
proposed illuminated pylon sign, together with the existing signs, is
considered excessive on the property in this “village” neighbourhood centre and
the scale, location and type of the proposed illuminated sign would set an
undesirable precedent in design, scale and level of illumination in contrast
with the neighbour centre’s existing character, streetscape and vistas.
· Draft
Development Control Plan – Advertising and Signage dated 13 December 2007 which
has been adopted by Council to be advertised and has been advertised from the
11th January 2008 to the 22nd February 2008. The Plan has not been formally adopted by
Council attached (AT2).
Assessment
The comments of
Council’s Strategic Planner were requested on the proposal’s compliance with
the above Draft Development Control Plan and are as follows:
“The Draft Development Control Plan
(DCP) – Advertising & Signage has several sections relating to the proposed
signage at 165
Burns Bay Road to consider, being
·· 1.5 The Aims and Objectives of the Plan,
·· 2.1.3 Location and Design of Signage and
Advertising,
·· 2.2.3 Neighbourhood Centres
·· 2.9 Merit assessment
·· 3.5.(4) Pylon Signage
·· 3.9(4) Illuminated Signage
The DDCP has clear
character statements about the neighbourhood centres.
Section
2.2.3 highlights the areas of Blaxlands Corner, York Corner, Greenwich Lane
Cove West and Burns Bay Road. These
areas are of a smaller scale “village” character than the Lane Cove Town
Centre, as demonstrated by the scale of the buildings. Adjoining residences
should not be affected by size or illumination.
For
Neighbourhood Centres, “Where an arcade is removed from the street and there
are multiple tenancies a pylon sign may be appropriate”. In this instance, the application is for a
single business, therefore pylon signage is not supported as it does not
replace multiple arcade shop signs and is not consistent with the character of
the area. It could be considered as
“pole signage”, and in either case significantly exceeds the dimensions for
both pole and pylon signage in section 3.5, in particular in regard to height.
Illuminated
signage in village centres is only appropriate below awning level and is not
permitted after 10:00 PM. It may be appropriate to limit its illumination to
the hours of operation of the premises.
This
proposed light box would set an adverse precedent in design; scale and level of
illumination in contrast with the centre’s existing character, streetscape and
vistas (see Aims and Objectives). Signs which interrupt sightlines through the
centre should be discouraged.”
The
proposed is therefore not considered to be in keeping with the Draft
Development Control Plan.
RESPONSE TO NOTIFICATION (Section 79C(1)(d))
No
submissions were received in response to the notification of the development
application.
CONCLUSION
The
matters in the DOP Guidelines in relation to Section 79C have been considered.
The proposed
illuminated pylon sign does not comply with the requirements of Council’s
Advertising Structure Code or the Draft Development Control Plan – Advertising
and Signage dated 13 December 2007 and is not supported.
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RECOMMENDATION
That the
application to erect an illuminated pylon sign at 165 Burns Bay Road, Lane Cove be
refused on the following grounds:
1. The proposed
illuminated pylon sign is considered to not comply with Council’s adopted
Advertising Structures Code in that the proposed illuminated pylon sign,
together with the existing signs, is excessive on the property in this
“village” neighbourhood centre and the scale, location and type of the
proposed illuminated sign would set an adverse precedent in design, scale and
level of illumination in contrast with the neighbourhood centre’s existing
character, streetscape and vistas.
2. The proposed
illuminated pylon sign does not comply with Council’s Draft Development
Control Plan – Advertising and Signage dated 13 December 2007 as it is not
permitted in this neighbourhood centre and as the proposed illuminated pylon
sign would set an adverse precedent in design, scale and level of
illumination in contrast with the neighbourhood centre’s existing character,
streetscape and vistas.
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Michael Mason
Executive Manager
Environmental Services Division
ATTACHMENTS:
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AT‑1 View
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Plan - Details of
proposal
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2 Pages
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AT‑2 View
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Draft Development Control
Plan - Advertising and Signage - 13 December 2007
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32 Pages
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