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Agenda

Planning and Building

Committee Meeting

16 June 2008, 8:00PM

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Planning and Building, to be held in the Council Chambers, Lower Ground Floor, 48 Longueville Road, Lane Cove on Monday 16 June 2008 commencing at 8:00PM. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Committee Meeting Procedures

 

The Planning and Building Committee meeting is chaired by Councillor Rick D’Amico. Councillors are entitled to one vote on a matter. If votes are not unanimous the delegations of the Committee require that the matter be referred to Council for determination. 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 the Committee 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 attend the Meeting and address the Committee on any issue.   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.

 

 

 

 


Planning and Building Committee 16 June 2008

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

CLOSED COMMITTEE ITEMS

 

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING COMMITTEE MEETING - 2 JUNE 2008

 

 

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 35

SUBJECT: Delegated Authority Report - May 2008

 

3.       Environmental Services Division Report No. 225

SUBJECT: 165 Burns Bay Road, Lane Cove

  

 

 

 

               


Planning and Building Committee Meeting 16 June 2008

 

Environmental Services Division Report No. 35

 

 

 

 

 

Reference:    Environmental Services Division Report No. 35

Subject:          Delegated Authority Report - May 2008    

Record No:    SU1863 - 20894/08

Author(s):       Michael Mason 

 

 

 

During the month of May 2008 a total of 34 Development Applications were determined under delegation by staff and 1 by Council.  In addition 3 Construction Certificates and 21 Privately Certified Construction Certificates were issued.  There were 3 Privately Certified Complying Developments.

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Applications determined for May 2008

5 Pages

 

 

 


Planning and Building Committee Meeting 16 June 2008

 

Environmental Services Division Report No. 225

 

 

 

 

 

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

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Erection of an illuminated pylon sign

ZONE

3(c) Business Neighbourhood “C”

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 10b

STOP THE CLOCK USED

No

NOTIFICATION

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             -

 

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.

 

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.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Plan - Details of proposal

2 Pages

 

AT‑2 View

Draft Development Control Plan - Advertising and Signage - 13 December 2007

32 Pages