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Minutes

Ordinary Council Meeting

4 August 2008 7:04pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 4 August 2008

 

Minutes

 

 

 

PRESENT: Councillor I. Longbottom, (Chair), R. D’Amico, Councillor K. Freedman, Councillor W. Gaffney,  Councillor J. Hassarati, Councillor T. Lawson, Councillor A. Smith, Councillor F.Teirney and Councillor R. Tudge.

 

 

ALSO PRESENT: General Manager,  Executive Manager - Corporate Services, Executive Manager - Environmental Services,  Executive Manager – Open Space & Urban Services, Executive Manager - Human Services, Manager - Strategic Planning, Town Planner – Strategic, Property Information Officer, Director Major Projects and Chief Executive Secretary.

 

 

DECLARATIONS OF INTEREST:

 

Councillor Lawson declared a non-pecuniary interest in Environmental Services Division Report No. 297 – 12 Chisholm Street, Greenwich as the applicant had given assistance with his electoral material.   He indicated he would not participate in discussion or voting on the matter.

 

Councillor Teirney declared a pecuniary interest in the section of Environmental Services Division Report  48 – Draft Comprehensive Local Environmental Plan concerning 314 Burns Bay Road, Lane Cove as the property is adjacent to her home.

 

Councillor Freedman declared a non-pecuniary interest in relation to Environmental Services Division Report No.  47 – Draft Amendment No. 66 – 83-85 Kenneth Street Longueville on the basis that the matter relates to her local area and she knows a number of residents in the Amalfi Estate, some of whom have or may have the benefit of a covenant and some of whom have or may have the burden of the covenant.   She indicated she would not participate in discussion or voting on the matter.

 

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by Rev Eric Percival.

 

SUSPENSION OF STANDING ORDERS

250

RESOLVED on the motion of Councillors Teirney and D'Amico that Standing Orders be suspended and that members of the public who wish to address Council be allowed to do so for a maximum of three minutes.

 

The Mayor declared the motion carried unanimously.

 

The following persons addressed Council:-

 

June Morgan,  Dettman Avenue, Longueville regarding the DLEP, deletion of Environmental Protection Zones and minimum lot sizes.

 

Jill Henry, 548 Mowbray Road, Lane Cove regarding the DLEP supporting re zoning of Mowbray Road, Lane Cove above Gordon Crescent.

 

James McDonnell, 68 Gordon Crescent Lane Cove regarding the DLEP in opposition to the rezoning of Mowbray Road, Lane Cove above Gordon Crescent.

 

Abraham Farajian,  534 Mowbray Road, Lane Cove regarding the DLEP in supporting re zoning of Mowbray Road, Lane Cove above Gordon Crescent.

 

Brian McDonald, 46 Gordon Crescent Lane Cove regarding the DLEP in opposition to the rezoning of Mowbray Road, Lane Cove above Gordon Crescent.

 

 

Rowena Lau, 26 Pinaroo Place Lane Cove regarding the DLEP and minimum lot sizes in Pinaroo Place.

 

Liana Manescu, 456 Mowbray Road regarding the DLEP in support of rezoning Mowbray Road, Lane Cove.

 

Ian Biner, 1A Burley Street, Lane Cove regarding the DLEP in respect to triangle of land at Burley Street, Longueville Road and Pacific Highway.

 

Natalie Clark, tenant in the Department of Housing property wishing to purchase property.

 

Paul McGirr, 18 Kenneth Street Longueville objecting to the suspension of covenants in the DLEP.

 

Louise May, 58 Gordon Crescent, Lane Cove regarding the DLEP and supporting the rezoning of Mowbray Road, Lane Cove above Gordon Crescent.

 

Ian Cady – URBIS, regarding Orion Road, Lane Cove Business Park and the DLEP for the Industrial Zone.

 

Axel Blom, 3/198 Pacific Highway regarding D/A for 196 Pacific Highway, Lane Cove.

 

Meridith Southwood, 17 Mitchell Street, Greenwich and Greenwich Community Association regarding D/A 12 Chisholm Street Greenwich and the DLEP

 

Neil Forbes, 62 Kenneth Street, Longueville regarding the DLEP objecting to the suspension of covenants in the DLEP.

 

John Cosgrove, regarding the DLEP in respect to Pacific Highway and Marshall Lane.

 

Tim Ingham, 26 Mary Street Longueville objecting to the suspension of covenants in the DLEP.

 

Councillor Teirney vacated the chamber at 7:53pm and rejoined the meeting at 7:55pm.

 

Glenda Whiteman, 70 Gordon Crescent, Lane Cove regarding the DLEP in opposition to the rezoning of Mowbray Road, Lane Cove above Gordon Crescent.

 

Bob Chambers, - Consultant Planners for Waterbrook, and calling for an FSR of 1.5:1 for Neild Avenue, Greenwich.

 

Noel Liebke, 25 Longueville Road, Lane Cove regarding the DLEP in respect to 11-47 Longueville Road, Lane Cove.

 

Doug Stuart, 21A William Edward Street, Longueville regarding the DLEP and calling for the bushland at Manns Point and Aquatic Park being zoned E2 Environmental Conservation.

 

Stephen Blueth, 8/2-6 Kara Street Lane Cove regarding the DLEP

 

Doug Cox, 66 Gordon Crescent, Lane Cove regarding the DLEP in in opposition to the rezoning of Mowbray Road, Lane Cove above Gordon Crescent.

 

Violeta Phillips, 558 Mowbray Road, Lane Cove regarding the DLEP and advocating high density for Mowbray Road Lane Cove.

 

Frances Vissel for Stringy Bark Creek Residents Association regarding the DLEP in support of Gordon Crescent and Mowbray Road Lane Cove and Kullah Parade, Pinaroo, Willandra and Hatfield Streets.

 

Ron Gornall, 2 Mafeking Avenue Lane Cove regarding the DLEP in respect to the area bounded by Pacific Highway and Gatacre Parade.

 

Maria Williams of Gordon Crescent, Lane Cove regarding the DLEP in opposition to the rezoning of Mowbray Road, Lane Cove above Gordon Crescent.

 

Dennis Karp, 26 George Street Greenwich regarding D/A for 28 George Street, Greenwich

 

Monique Richardson, 4 Mitchell Street, Greenwich regarding D/A for 28 George Street, Greenwich

 

Patricia John, 2 Mitchell Street, Greenwich regarding D/A for 28 George Street, Greenwich.

 

Pam Palmer, 11 Mitchell Street on behalf of Greenwich Community Association regarding the D/A 196 Pacific Highway Greenwich.

 

Councillor D’Amico vacated the chamber at 8:55pm and rejoined the meeting at 8:59pm.

 

June Oswald, 200 Pacific Highway Greenwich regarding D/A 196 Pacific Highway Greenwich

 

Paul Bennett, applicant 28 George Street, Greenwich regarding the D/A for 28 George Street, Greenwich.

 

Trevor Carapiet, 446 Mowbray Road Lane Cove regarding the DLEP in respect to Mowbray Road

 

Councillor Smith vacated the chamber at 9:11pm and rejoined the meeting at 9:14pm.

 

Kerry Nash, consultant planner representing owners of 165 Burns Bay Road and 3 Figtree Street regarding the DLEP and supporting the rezoning for 3 Figtree Street.

 

Councillor Tudge vacated the chamber at 9:17pm and rejoined the meeting at 9:19pm.

 

Elizabeth Maxwell, 4 Birdwood Avenue Lane Cove regarding the DLEP in respect to Birdwood Avenue and Finlayson Street.

 

Pam Wyatt-Spratt, 2/198 Pacific Highway Greenwich regarding D/A 196 Pacific Highway Greenwich.

 

Ann Stephens, 25 Wisdom Street, Greenwich regarding D/A for 196 Pacific Highway Greenwich and zoning for Neild Avenue.

 

David Bowers, 1 & 2 Birriwa Place Northwood regarding Environmental Conservation zoning.

 

David Jackson, 109 Northwood Road, Northwood opposing  Environmental Conservation zoning.

 

Qingsheng  Zhou, 6 Birdwood Avenue Lane Cove regarding the DLEP in respect to Birdwood Avenue and Finlayson Street Lane Cove.

 

Stephen Bowers, Greendale Street, Greenwich regarding the DLEP and documentation.

 

Resumption of Standing Orders

251

RESOLVED on the motion of Councillors Smith and Teirney that Standing Orders be resumed.

 

The Mayor declared the motion carried unanimously.

 

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an Acknowledgement of Country.

 

Procedural Motion

 

MOTION

 

A motion was moved by Councillors Longbottom and Smith that the following reports be brought forward and dealt with at this time:-

 

Environmental Services Division Report No. 48 – Draft Comprehensive Local Environmental Plan (DLEP);

Environmental Services Division Report No. 324 – 28 George Street, Greenwich.

Environmental Services Division Report No.297 – 12 Chisholm Street, Greenwich

Environmental Services Division Report No.280 – 196 Pacific Highway, Greenwich

 

 

Foreshadowed motion

 

A Foreshadowed Motion was moved by Councillors Lawson and Tudge  that Environmental Services Division Report No. 48 – Draft Comprehensive Local Environmental Plan (DLEP) be amended and formalised and be and brought back to the Council meeting of 18 August 2008 for adoption prior to submission to the Department of Planning seeking gazettal.

 

252

Upon being put to the Meeting, the motion was declared carried.

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Longbottom, Smith and Teirney (Total 7).

Against the Motion were Councillors Lawson and Tudge (Total 2).

 

The Foreshadowed Motion lapsed.

 

Procedural Motion

253

RESOLVED on the motion of Councillors Longbottom and Freedman that the points be dealt with ad seriatum.

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 48

 

SUBJECT: Draft Comprehensive Local Environmental Plan (DLEP 2008)

 

254

 

 

 

 

 

 

RESOLVED on the motion of Councillors Longbottom and D'Amico that:-

 

1.      The Draft Comprehensive Local Environmental Plan 2008, for 4 August (included as attachment 1) and including maps dated 10 June as amended, maps of 1 August and key amendment maps of 4 August  with the exception of the site known as 304-314 Burns Bay Road, be adopted for submission to the Department of Planning seeking gazettal, subject to the following change:-

1.1.                        Nield Avenue revert to 1.5:1 FSR

 

 

 

 

 

For the Motion were Councillors D'Amico, Gaffney, Hassarati, Longbottom and Smith (Total 5).

Against the Motion was Councillor Freedman, Lawson Teirney and Tudge (Total 4).

 

255

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

RESOLVED on the motion of Councillors Longbottom and D'Amico that:-

 

1.2.                        Finlayson Birdwood precinct revert to a maximum height of 5 storeys with a lift overrun

1.3.                        That clause 1.8A be amended to not apply to residential zones, by inserting a clause (2) (f).

1.4.                        1-3 Birriwa Place not be included in the Environmental Conservation overlay and remain zoned R2

1.5.                        The Lane Cove West Business Park have an FSR of 1.5:1

1.6.                        3 Figtree Street be rezoned to the Neighbourhood Centre B1

1.7.                        The bushland at Manns Point and Aquatic Park be rezoned to E2 Environmental Conservation Zone

1.8.                        That Clause (22) (1) (a) be removed, regarding water tanks in a conservation area

1.9.                        Clause 4.3.(4) ii – Height of buildings be deleted.

1.10.                    The Pacific Highway height limits be set at 12m between Gatacre Avenue and Alison Avenue.

1.11.                    The area between Marshall Avenue, Berry Road, Pacific Highway and Canberra Avenue be split into height planes (36m, 18m and finally 9.5m)  from Pacific Highway to Marshall Avenue to step down to 9.5m at street level at Marshall Avenue.

1.12.                    The Mixed Use Zone definition delete the reference to the Lane Cove Village.

1.13.                    The Objectives for B2 Zone be amended by inserting the words “Village Atmosphere” before the words “Heritage Buildings”.

 

 

For the Motion were Councillors D'Amico, Freedman, Gaffney, Hassarati, Lawson, Longbottom, Smith and Teirney (Total 8).

Against the Motion was Councillor Tudge (Total 1).

 

 

256

RESOLVED on the motion of Councillors Longbottom and D'Amico that:-

 

2.      The Department of Planning be requested to permit the Shell site at 150 Epping Road to be rezoned to High Density Residential R4 from Light Industrial IN2, and in the event of this being granted, the residential component in the Pacific Highway Mixed Use Zone between Longueville Rd and Gatacre Av be deferred or counted in the Stage 2 yield.

 

The Mayor declared the motion carried unanimously.

 

RESOLVED on the motion of Councillors Longbottom and D'Amico that:-

 

3.      The land at 10 Chaplin Drive be reclassified to operational from community, in accordance with the recommendations of the Public Hearing Report by I. Ellis-Jones, dated July 2008.

 

4.      Advice of Council’s resolutions in writing be sent to those who made submissions on DLEP 2007 and/or DLEP 2008.

 

The Mayor declared the motion carried unanimously.

 

257

 

 

Councillor Teirney vacated the chamber and took no part in discussion or voting.

 

 

RESOLVED on the Motion of Councillors Longbottom and Smith:-

 

1.      That the part of Draft Comprehensive Local Environmental Plan for the site known as 304- 314 Burns Bay Road, be adopted for submission to the Department of Planning seeking gazettal

 

2.      The land being Part 304-314 Burns Bay Road be reclassified to operational from community, in accordance with the recommendations of the Public Hearing Report by I. Ellis-Jones, dated July 2008.

 

3.      The report on 314 Burns Bay Road by Scott Carver P/l, displayed from 29 December 2007 to 29 February 2008, be accepted by Council.

 

4.      Advice of Council’s resolutions in writing be sent to those who made submissions on DLEP 2007 and/or DLEP 2008.

 

The Mayor declared the motion carried unanimously.

Absent: Teirney.

258

 

ADJOURNED:

 

The meeting was adjourned at 10:39pm.

 

RESUMPTION:

 

The meeting resumed at 10:51pm.

 

Councillor Teirney returned to the chamber.

 

REFERRED REPORTS

 

Environmental Services Division Report No. 324

SUBJECT: 28 George Street, Greenwich

 

MOTION

 

A motion was moved by Councillors Smith and Tudge that pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D304/07 for alterations and additions to existing dwelling house and erection of a carport at 28 George Street, Greenwich subject to the following conditions.

 

1.         (20) That the development be strictly in accordance with drawing number DA01 to DA06 Issue B dated Feb08 by Vienna Designs.

 

2.         The first floor balcony towards the rear of the dwelling house is to be reduced to a depth of 1.8M. Amended plans shall be submitted prior to issue of Construction Certificate.

 

3.         The proposed external staircase towards the rear of the dwelling house is to be deleted. Amended plans shall be submitted prior to issue of Construction Certificate.

 

4.         The proposed first floor shall not project beyond the line of the existing south facing external wall towards the rear of the dwelling house. Amended plans shall be submitted prior to issue of Construction Certificate.

 

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.         (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $12000.

 

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

 

10.       (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.

 

11.       (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.

 

12.       (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.

 

13.       (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.

 

14.       (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.

 

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

 

16.       (51) A Tree Preservation Order applies in the Municipality of Lane Cove.  The Order prohibits the cutting or removal of any tree except with the consent of Council and the penalty for contravention of this Order is up to Twenty Thousand Dollars ($20,000.00).  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.

 

17.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

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

b)         All reinforcement prior to filling with concrete.

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

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Stormwater drainage lines prior to backfilling

h)         Completion.

 

18.       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)          upper level floor framing;

 

19.       (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.

 

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

 

a          Dampcourse level;

b          The establishment of floor levels;

c          The roof framing; and

d          The completion of works.

 

Note:    All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

21.       (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.

 

22.       (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.

 

23.       (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

            This requirement is satisfied by:-

(a)        Smoke alarms installed in—

            (i)         Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

            (ii)        in Class 1b buildings in accordance with 3.7.2.4 and 3.7.2.5 of the Building Code of Australia

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a buildings (dwellings)

 

Smoke alarms must be installed in a Class 1a building on or near the ceiling in—

 

(a)        any storey containing bedrooms—

            (i)         between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

            (ii)        where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.

 

Location – Class 1b buildings

 

In a Class 1b building, smoke alarms must be installed on or near the ceiling—

 

(a)        in every bedrooms; and

(b)        in every corridor or hallway associated with a bedroom, or if there is no corridor or hallway, in an area between the bedrooms and the remainder of the building; and

(c)        on each other storey.

 

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

 

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

 

26.       All waste generated on site shall be disposed off in accordance with the submitted the Waste Management Plan.

 

27.       (141) Long Service Levy Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

28.       (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

General Engineering Conditions

 

29        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.

 

30        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’.

 

31        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.

 

32        Environmental Pollution Control Pit. A stormwater pit is to be installed on the existing system, just prior to the stormwater connecting to the receiving system. Environmental pollution Control Pit is to be designed to remove pollutants from the stormwater flow. The pit is to have a minimum dimension of 600 x 600 mm, a debris screen, sediment collection sump and must be designed to drain completely dry. The pit is to be maintained at all times.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

33        Control of Stormwater Runoff. The stormwater runoff from the new impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP Stormwater management.

            The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Council’s DCP Stormwater management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer. Where an existing element does not comply with current standards the subject element is to be replaced. Where the existing system does not comply with Councils DCP Stormwater management an application is to be made to Council for approval of an alternate system.

 

34        Footpath Damage Bond. The applicant shall lodge with Council a $1000 cash bond or bank guarantee to cover damage to Council's roads, footpaths, kerb and gutter, drainage or other assets. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

35        Boundary Levels. The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, carparks, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.

 

36        Residential Crossing. The residential crossing shall be constructed to the specifications and levels issued by Council. An application shall be made to Council and relevant fees / bond, (being an $800 bond, plus inspection fee of $259 plus a design fee of $150, totalling $1209, - 2007/08) is to be paid to Council prior to the issue of any Construction Certificate for the provision of street alignment levels and Council inspections.

 

37        Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by LANDCOM  ‘Fourth Edition 2004, Volume 1’.These devices shall be maintained during the construction works and replaced where considered necessary.

            The following details are to be included in drawings accompanying the Erosion and Sediment Control Plan:

            Location and design criteria of erosion and sediment control structures,

            Site access point/s and means of limiting material leaving the site

            Means of diversion of uncontaminated upper catchment around disturbed areas

            Procedures for maintenance of erosion and sediment controls

            Details and procedures for dust control.

 

Engineering Conditions to be complied with Prior to Commencement of Construction

 

38        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. 

 

39        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.

 

40        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.

 

41        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

 

42        Construction of Residential Driveway Crossing. A full width residential duty             vehicular crossing shall be provided opposite each vehicular entrance to the site, with a maximum width of 5.0 metres and a minimum width of 3.5 metres at the boundary line. These works shall be carried out prior to the issue of the occupation certificate by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’ s issued drawings and level sheets.

 

43        Certificate of Satisfactory Completion.  Certificates from a registered and licensed Plumber, Builder, or a suitably qualified Engineer must be obtained for the following matters.  The plumber, builder is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority, prior to issue of any Occupation Certificate.

 

            Confirming that all vehicular footway and gutter (layback) crossings are constructed or reconstructed in accordance with Lane Cove Council’s ‘specification for construction of residential vehicular footpath crossings’. (When the works are satisfactory, the applicant must request the Council Crossing inspector to provide written evidence of satisfactory completion of the works.

 

            Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP Stormwater management. 

 

            All works have been completed in accordance with the issued Construction Certificate and Conditions of this determination.

 

            If Council is appointed the Principal Certifying Authority then the appropriate inspection fee is to be paid to Council with the subject documentation.

 

 

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillors Freedman and Teirney that pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D304/07 for alterations and additions to existing dwelling house and erection of a carport at 28 George Street, Greenwich subject to the following conditions.

 

1          (20) That the development be strictly in accordance with drawing number DA01 to DA06 Issue B dated Feb08 by Vienna Designs.

 

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.         (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $12000.

 

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

 

10        (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.

 

11        (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.

 

12        (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.

 

13        (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.

 

14.       (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.

 

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

 

16        (51) A Tree Preservation Order applies in the Municipality of Lane Cove.  The Order prohibits the cutting or removal of any tree except with the consent of Council and the penalty for contravention of this Order is up to Twenty Thousand Dollars ($20,000.00).  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.

 

17        Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

 

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

b)         All reinforcement prior to filling with concrete.

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

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Stormwater drainage lines prior to backfilling

h)         Completion.

 

18        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)          upper level floor framing;

 

19        (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.

 

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

 

a          Dampcourse level;

b          The establishment of floor levels;

c          The roof framing; and

d          The completion of works.

 

Note:    All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

21        (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.

 

22        (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:-

 

(5)        A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties.

 

(6)        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.

 

(7)        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.

 

(8)        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.

 

23        (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

            This requirement is satisfied by:-

(a)        Smoke alarms installed in—

            (i)         Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

            (ii)        in Class 1b buildings in accordance with 3.7.2.4 and 3.7.2.5 of the Building Code of Australia

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a buildings (dwellings)

 

Smoke alarms must be installed in a Class 1a building on or near the ceiling in—

 

(a)        any storey containing bedrooms—

            (i)         between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

            (ii)        where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.

 

Location – Class 1b buildings

 

In a Class 1b building, smoke alarms must be installed on or near the ceiling—

 

(a)        in every bedrooms; and

(b)        in every corridor or hallway associated with a bedroom, or if there is no corridor or hallway, in an area between the bedrooms and the remainder of the building; and

(c)        on each other storey.

 

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

 

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

 

26.       All waste generated on site shall be disposed off in accordance with the submitted the Waste Management Plan.

 

27.       (141) Long Service Levy Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

 

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

28        (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

General Engineering Conditions

 

29        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.

 

30        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’.

 

31        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.

 

32        Environmental Pollution Control Pit. A stormwater pit is to be installed on the existing system, just prior to the stormwater connecting to the receiving system. Environmental pollution Control Pit is to be designed to remove pollutants from the stormwater flow. The pit is to have a minimum dimension of 600 x 600 mm, a debris screen, sediment collection sump and must be designed to drain completely dry. The pit is to be maintained at all times.

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

33        Control of Stormwater Runoff. The stormwater runoff from the new impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP Stormwater management.

            The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Council’s DCP Stormwater management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer. Where an existing element does not comply with current standards the subject element is to be replaced. Where the existing system does not comply with Councils DCP Stormwater management an application is to be made to Council for approval of an alternate system.

 

34        Footpath Damage Bond. The applicant shall lodge with Council a $1000 cash bond or bank guarantee to cover damage to Council's roads, footpaths, kerb and gutter, drainage or other assets. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

35        Boundary Levels. The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, carparks, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate.

 

36        Residential Crossing. The residential crossing shall be constructed to the specifications and levels issued by Council. An application shall be made to Council and relevant fees / bond, (being an $800 bond, plus inspection fee of $259 plus a design fee of $150, totalling $1209, - 2007/08) is to be paid to Council prior to the issue of any Construction Certificate for the provision of street alignment levels and Council inspections.

 

37        Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by LANDCOM  ‘Fourth Edition 2004, Volume 1’.These devices shall be maintained during the construction works and replaced where considered necessary.

            The following details are to be included in drawings accompanying the Erosion and Sediment Control Plan:

            Location and design criteria of erosion and sediment control structures,

            Site access point/s and means of limiting material leaving the site

            Means of diversion of uncontaminated upper catchment around disturbed areas

            Procedures for maintenance of erosion and sediment controls

            Details and procedures for dust control.

 

Engineering Conditions to be complied with Prior to Commencement of Construction

 

38        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. 

 

39        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.

 

40        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.

 

41        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

 

42        Construction of Residential Driveway Crossing. A full width residential duty             vehicular crossing shall be provided opposite each vehicular entrance to the site, with a maximum width of 5.0 metres and a minimum width of 3.5 metres at the boundary line. These works shall be carried out prior to the issue of the occupation certificate by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’ s issued drawings and level sheets.

 

43        Certificate of Satisfactory Completion.  Certificates from a registered and licensed Plumber, Builder, or a suitably qualified Engineer must be obtained for the following matters.  The plumber, builder is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority, prior to issue of any Occupation Certificate.

 

            Confirming that all vehicular footway and gutter (layback) crossings are constructed or reconstructed in accordance with Lane Cove Council’s ‘specification for construction of residential vehicular footpath crossings’. (When the works are satisfactory, the applicant must request the Council Crossing inspector to provide written evidence of satisfactory completion of the works.

 

            Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP Stormwater management. 

 

            All works have been completed in accordance with the issued Construction Certificate and Conditions of this determination.

 

            If Council is appointed the Principal Certifying Authority then the appropriate inspection fee is to be paid to Council with the subject documentation.

 

259

The Motion was put to the Meeting and declared carried.

 

For the Motion were Councillors D'Amico, Gaffney, Hassarati, Lawson, Longbottom, Smith and Tudge (Total 7).

Against the Motion were Councillors Freedman and Teirney (Total 2).

 

The Foreshadowed Motion lapsed.

 

Environmental Services Division Report No. 297

SUBJECT: 12 Chisholm Street, Greenwich

Councillor Lawson vacated the chamber and took no part in discussion of voting.

 

 

MOTION

 

A motion was moved by Councillors  Longbottom and Hassarati that the General Manager prepare conditions for approval of the Development Application and the matter be returned to the next meeting of Council.

 

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillors Tudge and Smith that Council refuse the proposed section 96 modification sought to development consent 302/2007 granted on 29 April 2008 for demolition of existing first floor, swimming pool and front fence and  alterations and addition to existing dwelling house including first floor addition, swimming pool, carport and front fence on 12 Chisholm Street, Greenwich for the following reasons:

 

1.         To retain and where appropriate improve the existing residential amenity of a detached single family dwelling area.

 

2.         The proposal does not comply with Councils Code for Dwelling Houses. As per Clause 3.3 1(i) of the Code, the ceiling height should not be more than 7.0m. The proposed ceiling height is 8.8M (stair roof) which exceeds of the maximum permissible.

 

3.         The proposal does not comply with Councils Code for Dwelling Houses. As per Clause 3.3 (3) of the Code, no dwelling house will be permitted to exceed two storeys in height above natural ground level at any point. The portion of the stair leading up to the roof terrace forms a third storey.

 

4.         The proposal does not comply with Councils Code for Dwelling Houses. As per Clause 3.6 (3) of the Code, elevated decks more than 1.0m above the natural ground level are not to exceed a width of 3.0m of usable area. The proposed width of the deck is 4.5m which is much in excess of the maximum permissible.

 

5.         The proposed terrace has a potential to overlook the adjoining properties which would impact adversely upon their residential amenity in terms of visual and acoustic privacy.

 

6.         The proposal would set a precedent for roof top terraces which would adversely impact upon the privacy adjoining properties.

 

 

Upon being put to the Meeting, the motion was declared lost.

 

For the Motion were Councillors D'Amico, Hassarati and Longbottom (Total 3).

Against the Motion were Councillors Freedman, Gaffney, Smith, Teirney and Tudge (Total 5).

Absent:  Councillor Lawson.

 

260

The Foreshadowed Motion became the motion, was put to the meeting and declared carried.

 

For the Motion were Councillors Freedman, Gaffney, Smith, Teirney and Tudge (Total 5).

Against the Motion were Councillors D'Amico, Hassarati and Longbottom (Total 3).

Absent: Councillor Lawson.

 

Councillor Lawson rejoined the meeting.

 

Environmental Services Division Report No. 280

SUBJECT: 196 Pacific Highway, Greenwich

 

MOTION

 

A motion was moved by Councillors Longbottom & Gaffney that the General Manager prepare conditions of approval that include the deletion of 2 floors of accommodation, 1.5 levels of basement parking and the open air spa and return the matter  to the next  Council Meeting for determination.

 

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillors Lawson and Tudge that pursuant to Section 80(1) (b) of the Environmental Planning and Assessment Act, 1979, as amended, the Council refuses development consent to Development Application D65/08 for Demolition of the existing building and construction of a ten (10) storey, one hundred (100) bed room motel with three (3) levels of basement parking, restaurant, conference rooms, roof top SPA & entertainment area at 196 Pacific Highway, Greenwich for the following reasons: -

 

1.         The proposal does not comply with the provisions of Council’s Draft Lane Cove Local Environmental Plan 2007 with regards to maximum permissible height limit. The maximum height requirement is 15m (approx 5 storeys above ground). The proposal is for a maximum height of 30m (approx 10 storeys above ground) which is much in excess of the maximum permissible height limit.

 

2.         The proposal does not comply with the provisions of Council’s Draft Lane Cove Local Environmental Plan 2007 with regards to maximum permissible floor space ratio. The maximum permissible floor space ratio is 0.8:1. The proposed floor space ratio is 4.29:1 which is much in excess of the maximum permissible.

 

3.         The proposal does not comply with Council’s Residential Zones Development Control Plan Part VI – Motels with regards to the objective. The proposal should enhance the existing high standard of residential development in the 2(c) Zone. The proposal does not enhance the existing standard of residential development. The proposal would dominate the adjoining developments.

 

4.         The proposal does not comply with Council’s Residential Zones Development Control Plan Part VI – Motels with regards to Minimum site area. Minimum site area required for a motel development is 2000sq. m. The area of the subject site is 696.18 m2 which is much less than the minimum requirement.

 

5.         The proposal does not comply with Council’s Residential Zones Development Control Plan Part VI – Motels with regards to Building Design and Scale. The proposal should be sympathetic to the adjoining and surrounding buildings in terms of height, the materials used, roof pitch, and overall building character. The adjoining building, ‘Urban’ motel is 5 storey and the adjoining residential flat building is 2-3 storey. The proposed building is 10 storeys, which is much in excess of the adjoining buildings. Therefore the proposal is not considered sympathetic to the adjoining buildings.

 

6.         The proposal does not comply with Council’s Residential Zones Development Control Plan Part VI – Motels with regards to Building Design and Scale. The area of the site devoted to driveways and vehicle turning areas should be minimised. A substantial portion of the front setback area is devoted to driveway and vehicle turning areas.

 

7.         The proposal does not comply with Council’s Residential Zones Development Control Plan Part VI – Motels with regards to Building Design and Scale. Designs which include an excessive paved area are not acceptable. The entire site is paved because the basement extends across the entire site.

 

8.         The proposal does not comply with Council’s Residential Zones Development Control Plan Part VI – Motels with regards to the height of the building. The height of motel developments are to match, or be less than, the heights of adjoining or nearby residential flat development. The height of the proposed building would be nearly double the height of the adjoining building.

 

9.         The proposal does not comply with Council’s Residential Zones Development Control Plan Part VI – Motels with regards to Views and Overshadowing. The proposal would impact adversely upon the city views of the adjoining building towards the north. The proposal would significant impact upon the adjoining buildings in terms of overshadowing. 1-15 Bellevue and ‘Urban’ hotel would not receive reasonable solar access.

 

10.       The proposal does not comply with Council’s Residential Zones Development Control Plan Part VI – Motels with regards to building setbacks. Building setbacks from a public street are to match that of neighbouring residential development. The adjoining RFB has a front setback of 9.0m. The proposed building has a front setback of 7.325m measured from the edge of the balcony which is less than that of the adjoining building.

 

11.       The proposal does not comply with Council’s Residential Zones Development Control Plan Part VI – Motels with regards to side boundary setbacks. Side boundary setbacks should not be less than that of neighbouring or nearby flat development. The adjoining RFB has a side setback of 3.0m and the ‘Urban’ hotel has a side setback of nearly 5.0m. The proposed building has a side setback of 2.0m for external walls and only 1.5m measured from the edge of the balcony towards the southern side which is less than that of the adjoining building.

 

12.       The proposal does not comply with Council’s Residential Zones Development Control Plan Part VI – Motels with regards to rear boundary setback. Rear boundary setbacks should not be less than that of neighbouring or nearby flat development. The adjoining RFB has a rear setback of nearly 8.0m and the ‘Urban’ hotel has a rear setback of nearly 13.0m. The proposed building has a rear setback of 3.0m for external wall and only 1.2m measured from the edge of the balcony which is less than that of the adjoining building.

 

13.       The proposal does not comply with Council’s Residential Zones Development Control Plan Part VI – Motels with regards to Landscaping. Fifty percent (50%) of the site should be landscaped. The basement extends across the full area of the site. Therefore, there is no landscape area on the site.

 

14.       The proposal does not comply with Council’s Residential Zones Development Control Plan Part VI – Motels with regards to off street car parking requirement. The car spaces required are 107. This does not take into consideration the spaces required for restaurant/ convention/ conference. The car spaces provided are only 46 which are much less than the minimum required.

 

15.       The proposal does not comply with Council’s Residential Zones Development Control Plan Part VI – Motels with regards to off street car parking requirement. The provision of car parking spaces shall not be permitted within 10 metres of the road to which the site has frontage. Two car spaces have been provided within the front building line.

 

16.       The following information has not been submitted to Council for the assessment of the application.

 

·     An acoustic report carried out in accordance with the NSW Industrial Noise Policy.

·     Detailed plans showing the fitout of the kitchen and storage areas in relation to the Food Safety Standards.”

 

17.       The proposed excavation works for the basement floor R.L will impact on the structural integrity of mature screen trees on neighbouring properties to the north and south of the site. The proposed development will necessitate the removal of 22 of the aforementioned trees and the possible retention of five (5) trees which is not supported.

 

18.       No provision has been made for delivery/service vehicles as detailed in the RTA Guide to Traffic Generating Developments other than by using the guest waiting spaces (C1 and C2). Concerns are raised regarding vehicle access and the ability of delivery/service vehicles to perform a 3-point turn internally to exist the property in a forward direction.

 

19.       The RTA raises concerns regarding the design of the ground floor parking area as there is limited room for manoeuvring, particularly if delivery/service vehicles and waiting cars are present simultaneously. The proposed development would need to provide two waiting area parking spaces plus a service vehicle space plus a vacant space to be used as a turn around area.

 

20.       A management plan, which would address how the vehicles entering the site will be managed should the car lift become in-operable or the car parking area is full has not been provided. The plan requires approval by the RTA.

 

21.       If provision of car parking spaces is made at an amount as per Council’s parking code which requires 107 spaces, then RTA would raise concerns with regards to the increased traffic generation and the impact on the operational efficiency of the neighbouring traffic signals on the Pacific Highway.

 

22.       The proposed driveway is not in accordance with AS2890.1 – 2004 as the requirement is 6 metres. The proposal provides a 5 metre wide two – way driveway. The driveway narrows to 4 metres on approach to the existing car park at the rear of the site. The driveway can be narrowed up to 5.5 metres internally. In this aspect the driveway does not comply.

 

23.       The internal design of the carpark and layout does comply in relation to the configuration and position of some parking spaces.

 

24.       Car Spaces No’s 19 & 20 are not acceptable in that location as they block other parking spaces.

 

25.       There is no adequate manoeuvring around car spaces No’s 18 and 15.

 

26.       The car spaces between the wall and the Car Lifts require an additional 600mm for door openings.

 

27.       Bicycle parking area has not been provided.

 

261

The motion was put to the Meeting, and declared carried.

 

For the Motion were Councillors D'Amico, Gaffney, Hassarati, Longbottom and Smith (Total 5).

Against the Motion were Councillors Freedman, Lawson, Teirney and Tudge (Total 4).

 

The Foreshadowed Motion lapsed.

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 21 JULY 2008

262

RESOLVED on the motion of Councillors Smith and Tudge that the minutes of the Ordinary Council meeting held on the 21 July 2008 be received & adopted.

 

The Mayor declared the motion carried unanimously.

 

Reports Of Committees

 

Report Of Committees No. 49

SUBJECT: Inspection Committee Minutes

263

RESOLVED on the motion of Councillors Longbottom and Gaffney that the report be received and noted.

 

 

The Mayor declared the motion carried unanimously.

 

Orders Of The Day

 

Order Of The Day No. 17

SUBJECT: Meeting in the Plaza - Saturday 30 August 2008

264

RESOLVED on the motion of Councillors Longbottom and Teirney that Councillors Tudge, Teirney and Smith Meet in the Plaza in August.

 

 

The Mayor declared the motion carried unanimously.

 

General Managers Reports

 

General Managers Report No. 26

SUBJECT: Traffic Master Plan for Future Residential Development - Burns Bay Road

CouncillorTeirney left the chamber and took no part in discussion or voting.

 

265

RESOLVED on the motion of Councillors Tudge and Smith that Council:-

 

1.                  Receive and note the report.

 

2.                  Send a copy of the report to the  Lane Cove Historical Society and Carisbrook Advisory Committee.

 

 

The Mayor declared the motion carried unanimously.

Absent: Councillor Teirney

 

Councillor Teirney rejoined the meeting.

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 49

SUBJECT: 4th Quarter Review of 2007-2010 Management Plan

266

RESOLVED on the motion of Councillors Tudge and Smith that  the Fourth Quarter Review of the 2007-2010 Management Plan be received and noted.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 50

SUBJECT: Motions for 2008 Local Government Association Conference

267

RESOLVED on the motion of Councillors Tudge and Smith that Council endorse the motion on Planning Arbitrators included in the body of the report and give consideration to any further motions to be submitted for debate at the 2008 Local Government Association Conference.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 52

SUBJECT: Request for Financial Assistance - Special Olympics

268

RESOLVED on the motion of Councillors Smith and Tudge that:-

 

1.    Council  donate $500 as a one-off amount.

 

2.   (a)       Public notice be given in accordance with Section 356 of the Local Government Act 1993.

 

(b)       Subject to no objections being received, the financial assistance be provided.

 

 

The Mayor declared the motion carried unanimously.

 

Corporate Services Division Report No. 53

SUBJECT: Cost of Local Government Elections

269

RESOLVED on the motion of Councillors Smith and Tudge Council send a letter to the NSW Electoral Commisioner Minister for Local Government and Department of Local Government requesting that Lane Cove’s election costs be paid over 2 years due to the impact these costs will have on Council’s capacity to deliver services to the community.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 45

SUBJECT: Draft Lane Cove Village Structure Plan

270

RESOLVED on the motion of Councillors Smith and Gaffney that:- 

 

1.   Council adopt the Draft Lane Cove Village Structure Plan for purposes of exhibition and exhibit until 30 September 2008 and hold a community information in late September in relation to the plan.

 

2.   Property owners and businesses within the study area be notified in writing and the general public by advertisement, website and email, and invited to comment on the draft plan.

 

 

The Mayor declared the motion carried unanimously.

 

Environmental Services Division Report No. 46

SUBJECT: Little Lane Carpark - Draft Development Control Plan

271

RESOLVED on the motion of Councillors Smith and Gaffney that:-

 

1.   Council endorse the draft Little Lane Carpark Development Control Plan for the purposes of exhibition, prepared by Scape P/L dated August 2008;

 

2.   Place the draft Little Lane Carpark Development Control Plan on public exhibition to end of Septemer; and

 

3.   Note the consultation strategy proposed in the report.

 

 

For the Motion were Councillors D'Amico, Gaffney, Hassarati, Lawson, Longbottom, Smith and Teirney (Total 7).

Against the Motion were Councillors Freedman and Tudge (Total 2).

 

Environmental Services Division Report No. 47

SUBJECT: Draft Amendment 66 - 83 & 85 Kenneth Street Covenants

272

RESOLVED on the motion of Councillors Hassarati and Longbottom that Council- 

 

1.   Adopt the Draft Lane Cove Local Environmental Plan 1987 Amendment No. 66 – 83 & 85 Kenneth Street and forward it to the Department of Planning for gazettal.

 

2.   Send a letter to all those who made submissions to exhibitions held in 2007 and 2008 on this issue and advise them of Council’s Resolution.

 

 

For the Motion were Councillors D'Amico, Gaffney, Hassarati, Longbottom and Smith (Total 5).

Against the Motion were Councillors Freedman, Lawson, Teirney and Tudge (Total 4).

 

Procedural Motion

273

RESOLVED on the motion of Councillors Longbottom and Hassarati that the item to the Services Committee be brought forward and dealt with in the Council meeting.

 

The Mayor declared the motion carried unanimously.

 

CONFIRMATION OF MINUTES OF Services and Resources Committee Meeting - 21 JULY 2008

 

RESOLVED on the motion of Councillors Teirney and Gaffney that the minutes of the Services and Resources Committee Meeting held on the 21 July 2008 be received and confirmed.

 

The Mayor declared the motion carried unanimously.

 

General Managers Reports

 

General Managers Report No. 27

SUBJECT: Monthly Review June / July 2008

274

RESOLVED on the motion of Councillors Smith and Gaffney that the information be received and noted.

 

 

The Mayor declared the motion carried unanimously.

  

APOLOGY

Councillor Longbottom apologised to the Council for having called the Council draconian at the meeting of 21 July 2008.

 

CLOSE

 

The meeting closed at 11:59pm.

 

Confirmed at the Ordinary Council Meeting of 18 August 2008, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

********* END OF MINUTES *********

 

MEETING FILE REF:  Document2