m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

Ordinary Council Meeting

18 August 2008

The meeting commences at 6.30pm. If members of the public are

not interested in any business recommended to be considered in

Closed Session or there is no such business, Council will ordinarily

  commence consideration of all other business at 7pm.

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Ordinary Council Meeting, to be held in the Council Chambers, Lower Ground Floor, 48 Longueville Road, Lane Cove on Monday 18 August 2008 commencing at 6:30PM. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Council Meeting Procedures

 

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

 

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

 

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

 

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

 

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

 

 

 


Ordinary Council 18 August 2008

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

MATTERS RECOMMENDED BY THE GENERAL MANAGER TO BE CONSIDERED IN CLOSED COMMITTEE

 

Confidential Items

 

1.       Mayoral Minute No. 4

SUBJECT: Performance Review of the General Manager

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and and report contains personal information concerning the performance of staff.

 

2.       Human Services Division Report No. 13

SUBJECT: Lane Cove Aquatic Leisure Centre

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice as comprises a discussion of this matter, that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and and the report contains specific details of advice from Council's Solicitors in regards to potential litigation.

  

public forum

 

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

 

 

CONFIRMATION OF MINUTES

 

3.      ORDINARY COUNCIL MEETING - 4 AUGUST 2008

 

Orders Of The Day

 

4.       Order Of The Day No. 18

SUBJECT: Citizenship Ceremony - Wednesday 20 August 2008

 

5.       Order Of The Day No. 19

SUBJECT: Council and Committee Meeting Schedule - September 2008

 

General Managers Reports

 

6.       General Managers Report No. 28

SUBJECT: Little Lane Carpark Redevelopment - Stage 1 Concepts

 

Corporate Services Division Reports

 

7.       Corporate Services Division Report No. 51

SUBJECT: Lane Cove Council Sister City Visit to Gunnedah

 

Environmental Services Division Reports

 

8.       Environmental Services Division Report No. 44

SUBJECT: Update Report on the NSW Planning Reforms

 

9.       Environmental Services Division Report No. 342

SUBJECT: 196 Pacific Highway

 

10.     Environmental Services Division Report No. 52

SUBJECT: Draft LEP Amendment No.60 - Rosenthal Avenue

 

QUESTIONS WITHOUT NOTICE

 

 

 

         


Ordinary Council Meeting 18 August 2008

 

Order Of The Day No. 18

 

 

 

 

 

Reference:    Order Of The Day No. 18

Subject:          Citizenship Ceremony - Wednesday 20 August 2008    

Record No:    SU28 - 28800/08

Author(s):       Anita Holesgrove 

 

 

Executive Summary

 

An Australian Citizenship Ceremony will be conducted in the Council Chamber by the Mayor on Wednesday 20 August 2008 commencing at 7:00pm.  A Councillor is required to attend the Ceremony and speak to the new citizens about local government.

 

 

 

 

 

 

RECOMMENDATION

 

That a Councillor nominate to attend the Citizenship Ceremony on 20 August 2008 and speak to the new citizens about local government.

 

 

 

 

 

 

 

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 18 August 2008

 

Order Of The Day No. 19

 

 

 

 

 

Reference:    Order Of The Day No. 19

Subject:          Council and Committee Meeting Schedule – August/September 2008    

Record No:    su1915 - 29180/08

Author(s):       Ian Naylor 

 

 

Executive Summary

 

The Council and Committee Meeting Schedule for August/ September 2008 is proposed as follows:-

 

August 30                    Inspection Committee

 

September 1               Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

 

 

 

RECOMMENDATION

 

That the Council and Committee Meeting Schedule for August/ September 2008 be adopted.  

 

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


Ordinary Council Meeting 18 August 2008

 

General Managers Report No. 28

 

 

 

 

 

Reference:    General Managers Report No. 28

Subject:          Little Lane Carpark Redevelopment - Stage 1 Concepts    

Record No:    SU3164 - 27940/08

Author(s):       John Lee 

 

 

Executive Summary

 

Davis Langdon (Aust) P/L was appointed as the lead consultant to progress the redevelopment of the Little Lane Carpark.  Davis Langdon have teamed up with architects Turner + Associates P/L forming the main consultancy team (DL_TA) for the redevelopment of the Little Lane Carpark. 

 

Their report entitled “Feasibility Study and Options Analysis Report” dated 30 July 2008 circulated to all Councillors (and publicly available on the web) completes the first stage of their commission by presenting their concepts with a recommendation of a preferred scenario.

 

At the Ordinary Meeting of Council on 7 April 2008, Council also requested the General Manager, when reporting back at the end of Stage 1, to advise on progress to incorporate an at grade link between the public carpark within this project and Longueville Road.

 

Background

 

Redevelopment of the Little Lane Carpark was identified in the Major Projects Strategic Plan 2007-2016.  Subsequently, a report prepared by Scape Scott Carver P/L set out a number of draft development controls and a preferred building envelope to guide redevelopment of this site.  A major feature of the building envelope achieved good solar access into the existing residential units to the south of the carpark site.

 

Councillors were given a presentation by David Hartigan of Davis Langdon and Nic Perrin for Nicholas + Turner & Associates at a recent workshop.  Their presentation outlined a number of Scenarios.  Councillor responses to that presentation were provided to DL_TA for consideration.  A further scenario has been developed addressing Councillor responses.

 

Discussion

 

The primary reason for undertaking the proposed redevelopment of the Little Lane carpark is to increase the amount of public carparking on that site as part of an overall strategy to meet a shortfall of public carparking within the Lane Cove Village Centre in a financially responsible manner.

 

The appointment of DL_TA is in 2 stages.  Stage 1 investigates a number of concepts concluding with a preferred scenario which best meets the objectives set out by Council in December 2007.  Following Council endorsement of a preferred scenario, DL_TA would be recommissioned to complete Stage 2 to prepare a DA.  The development application would not be lodged for assessment until the LEP 2008 has been gazetted, as the proposal would be inconsistent with the current zoning of special uses carpark.

 

DL_TA Executive Summary Extract

 

The following extract form the DL_TA report is from their Executive Summary:

 

Lane Cove Council has recently engaged Davis Langdon and Turner + Associates to prepare documentation for Phase 1 – Concept Design for the Little Lane Car Park Redevelopment.

 

A number of land use options have been investigated:

 

·     “Aged Care Living”

·     “Senior Living” Apartments

·     Tourism – Boutique Hotel / Serviced Apartments

·     Commercial Office

·     Retail

·     Community

·     Residential Apartments

 

Each of the options has some merit, with the residential use however being demonstrably better.

 

In order to satisfy Council’s stated objectives, a ‘mixed use’ element is required to be introduced. Various combinations of community space, retail / cafe facilities and commercial / professional suites have been assessed.

 

A number of Scenarios based on the residential model have been assessed in detail:

 

·          Scenario 1: An eight storey building with six residential floors, one floor mixed retail and community, and one floor commercial. (34 Units).

 

·          Scenario 2:   An eight storey building with seven residential floors and one mixed retail and community.  (42 Units).

 

·          Scenario 3:  An eight storey building with seven residential floors and one mixed retail and community which shows increased FSR awarded in exchange for the provided Community space and / or public car parking. (42 Units).

 

·          Scenario 4: The low rise, perimeter block form as suggested by City Plan in the draft Village Structure Plan for Precinct 6 has been investigated.  Whilst a multi-building option is meritorious in principle, once more detailed building layouts were examined it became clear that a low rise, perimeter block format was not suitable within the specific site constraints.

 

The car parking solution proposed for the project provides for a total of 262 car parks over five levels.

 

This solution allows for a continuous helical design whereby the car park floor slab is built to a continual 1:28 fall, (similar in principle to the New Sydney Opera House Car Park).

 

All the options developed for the Little Lane Carpark Development are based on the following design principles:

 

 

·          Considerate urban response

·          Sound environmental social and economical design principles

·          Functional excellence

·          Expressional delight

 

Colliers International Consultancy and Valuation was engaged to undertake an appraisal of the property and its potential land uses. Having established that a residential development with some mixed use would offer the best and highest use, they were instructed to offer an opinion as to the Gross Realisation for a number of the Scenarios to be developed.

 

Turner + Associates Architects provided concept sketches for a number of these Scenarios.

 

Davis Langdon’s Quantity Surveyors subsequently undertook an indicative cost estimate for the scope of works outlined for each of the Scenarios.

 

Finally, Davis Langdon undertook a basic feasibility analysis of each of the Scenarios, deducting from the Gross Realisation identified by Colliers the construction, sales, leasing and finance costs, to arrive at a Net Revenue position for each Scenario.

 

The following issues can be fine tuned in Phase 2:

·          Active ESD technologies

·          Details of the street frontages / activation

·          Car parking

·          Use and size of the areas within the Community Centre

·          Development Strategy

 

Should DL_TAA be re-engaged to deliver Phase 2 – Design Development of the project, we would develop, and ultimately recommend to Council a suitable Development Strategy. This strategy would sit below Council’s own Probity Plan for the project, and would form a central plank of the overall Project Risk Plan. 

 

In accordance with our brief, Council will need to endorse a preferred concept prior to engaging Davis Langdon and Turner + Associates to undertake Phase 2 and develop the DA documentation.  This endorsement would provide direction on the general building envelope and FSR but would allow flexibility to fine tune the relative mix and sizes of the use elements.

 

It is our recommendation that Council endorse Scenario 3 as the preferred option. This then allows detailed design work to proceed as part of Phase 2 – Design Development and preparation of Development Application documentation.

 

Carparking

 

The report identifies two options for carparking, one being 5 levels within the site and the other extending approx 5.5m under Little Lane with 4 levels.  The latter adds an additional $1.4m to the project, however it better caters for the residential component on the upper level rather than being split over two levels.  The merits of both options will be considered in more detail during Stage 2.  DL_TA cost estimates are based on 5 levels of carparking within the site.

 

DL_TA Recommendations

 

The following recommendations from the DL_TA report are considered appropriate:

 

Davis Langdon and Turner + Associates Architects, in conjunction with Colliers International Consultancy and Valuation, have investigated a broad range of land use options and concluded that a development of predominantly residential apartments, with some element of community / performance space and retail / café, would be the best use of the site at Little Lane car park.

 

A number of Scenarios have been developed showing possible combinations of these uses. Cost reports, revenue projections and development feasibilities for these various scenarios have been appended to this report.

 

Scenario 3 as presented demonstrates how the floor space might be maximised, producing the optimum number and mix of units. An eight storey building with seven residential floors and one mixed retail and community space is proposed. It shows a nominal FSR adjustment awarded in exchange for the provided Community space and additional public car parking.

 

By adopting the best and highest land use option – predominately High Density Residential - Council can be assured of achieving one of its key objectives, the maximisation of the Commercial returns from the site, while still meeting its car parking, ESD and community commitments.

 

In accordance with our brief, Council will need to endorse a preferred concept prior to engaging Davis Langdon and Turner + Associates to undertake Phase 2 and develop the DA documentation.  This endorsement would provide direction on the general building envelope and FSR but would allow flexibility to fine tune the relative mix and sizes of the use elements.

 

It is our recommendation that Council endorse Scenario 3 as the preferred option. This then allows detailed design work to proceed as part of Phase 2 – Design Development and preparation of Development Application documentation.

 

By electing to proceed to the next Phase, Council will maintain control of the project during the fine tuning process, which can be determined during further stakeholder workshops.

 

By maintaining control over the process through Phase 2, Council will

·          be afforded the best opportunity to determine the optimum mix and relative size of the various residential, community, retail and car parking spaces

·          ensure the optimum Sustainability outcome for the project, balancing commercial returns with Council’s ESD commitments and be best placed to control the final design (materials, colours, bulk, context, finishes, active and passive ESD initiatives, etc)

·          ensure it maintains control over issues important to the Community, such as the activation of street frontages (Little Lane and Little St.); links to other facilities such as the Aquatic Centre and Pottery Green; and the activation of the landscaped roof on the car park to ensure high quality public open spaces.

·          de-risk the design development phase of the project, thus ensuring the maximum possible commercial returns to Council

·          allow Council to make the decision to sell the site or to develop the site post Approval of the DA

·          allow Council to call for tenders from either Developers or Builders, armed with very robust documentation, thus facilitating competitive pricing

·          be assured it is beyond any reproach from a probity perspective

·          allow Council to determine at any later stage whether it will sell the retail space or maintain ownership  and lease the space for on-going income receipts

 

Draft Development Control Plan

 

DL_TA have confirmed that the concepts presented to Council are not inconsistent with the draft development control plan currently on exhibition.  Any changes arising from the consultation process can be incorporated into the development of the Development Application to be developed.

 

DLEP 2008

While final certainty on the planning controls is subject to gazettal of the LEP 2008,  it is proposed that Stage 2 proceed once the Section 69 certificate in respect of DLEP 2008 has been submitted to the Minister.  This allows Stage 2 to proceed concurrent with the gazettal process.

 

At Grade Link between the Public Carpark and Longueville Road

 

Access from the public carpark will be achieved to all levels of the carpark from the main foyer of the building.  The foyer has direct and quite visible access from the public domain on Little Lane.  In discussion with DL_TA and Colliers International, they are of the opinion that it is preferable to encourage activation of the public domain of the development by having the public enter /exit the building and from / to Little Lane rather than a direct link from the carpark to the western side of Little Lane.

 

There are two existing links through to Longueville Road from Little Lane adjacent to the development.  The location of the main foyer presents well for a direct link with lift as part of a future redevelopment of one or more Longueville Road properties.  Initial discussions with one owner have been positive, although there is no timetable for redevelopment at this stage.  A link through one of the arcades at the northern part of Longueville Road maximizes the retail concept of “wallets past windows” identified in the Tactix 4 study.

 

The pedestrian arcade within the recently redeveloped 104 Longueville Road includes a lift to all levels from its Little Lane foyer.  Access from the proposed Little Lane carpark and foyer to that arcade will still present a good pedestrian desire line through to Longueville Road with an at grade crossing of Little Lane and either the lift or internal stairs.

 

Conclusion

 

The scenario preferred by Davis Langdon and Turner + Associates best meets the objectives set out by Council in December 2007 in delivering around 200 public carparking spaces on this site.

 

Refinement of the exact mix of community/ retail space will be developed having regard to key stakeholder needs with a separate report to go to Council on community space options prior to the finalisation of a Development Application.

 

Having Davis Langdon proceed with Stage 2 was contemplated in the contract documents, once a preferred scenario is resolved by Council.  Prior to their commissioning for Stage 2, it is prudent that the Section 69 certificate in respect of LEP 2008 has been submitted to the Minister.

 

RECOMMENDATION

 

That Council :-

 

1          Advise Davis Langdon (Aust) P/L that it has endorsed Scenario 3 as set out in their “Feasibility Study and  Options Analysis Report” dated 30 July 2008 as its preferred outcome for the site, subject to further refinement during the next phase; and

 

2          Authorise the General Manager to engage Davis Langdon  (Aust) P/L to proceed with Stage 2 including the preparation of the documentation for a development application, when the Section 69 certificate in respect of LEP 2008 has been submitted to the Minister.

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 


 

ATTACHMENTS:

 

AT‑1 View

Feasibility Study  Options Analysis Report - Little Lane Carpark - Main Report, Davis Langdon

 

 

AT‑2 View

Feasibility Study  Options Analysis Report - Little Lane Carpark - Appendix B - Scenario 1, Davis Langdon

 

 

AT‑3 View

Feasibility Study  Options Analysis Report - Little Lane Carpark - Appendix C - Scenario 2, Davis Langdon

 

 

AT‑4 View

Feasibility Study  Options Analysis Report - Little Lane Carpark - Appendix D - Preferred Scenario 3, Davis Langdon

 

 

AT‑5 View

Feasibility Study  Options Analysis Report - Little Lane Carpark - Appendix E-G - Scenario 4, Davis Langdon

 

 

 

 


Ordinary Council Meeting 18 August 2008

 

Corporate Services Division Report No. 51

 

 

 

 

 

Reference:    Corporate Services Division Report No. 51

Subject:          Lane Cove Council Sister City Visit to Gunnedah    

Record No:    SU1763 - 27798/08

Author(s):       Ian Naylor 

 

 

Executive Summary

 

The purpose of this report is to give details and provide photographs of the recent sister city visit to Gunnedah Council.  It is recommended that Council write to Gunnedah Council to thank them for their hospitality and that the General Managers of both councils continue to discuss how to continue to strengthen this sister city relationship.

 

Discussion

 

Senior Staff and Councillors recently drove to Gunnedah to participate in a sister city visit on 11 and 12th July to share knowledge, hold a joint art exhibition and discuss how each council may be able to help each other in different areas of expertise.  A selection of photos from the visit have been circulated to the Councillors separately.  The visit was very successful with staff from Gunnedah and Lane Cove sharing many ideas and work practices in the areas of finance, governance, corporate planning, fleet management and asset management.  Some of the information sharing provided by staff of Lane Cove included:-

 

·     A presentation of the Simmersion software and how Lane Cove has utilised this with major developments.

·     Council’s Green Fleet Program and Salary Sacrificing.

·     Freedom of Information and Access to Information concerning requests that were recently received Gunnedah Council.

·     NSROC Asset Management Planning.

·     Linking of Asset Management Systems to Financial Management Systems.

·     Lane Cove’s Corporate Planning process including the integrating of Issue Plans into the Management Plan and Budget.

 

As a follow up to the visit, Council has also provided Gunnedah Staff with information on tendering for a Regional Conduct Review Committee as part of the new Model Code of Conduct, a review of their Privacy Management Plan and procedures on dealing with Subpoenas.  Council is also looking into whether we can purchase fleet vehicles from Gunnedah car dealerships or make a joint purchase with Gunnedah Council for a bulk number of fleet vehicles to maximise discounts to both councils.   

 

Following discussions on activities that could help strengthen our relationship the idea of an exhibition of Lane Cove Art in Gunnedah grew.  Lane Cove Library was approached by Susan Wilson, the Cultural Development Officer with Gunnedah Shire Council to submit suggestions for artworks from the Municipal Art Collection that could be transported to Gunnedah for temporary exhibition at the Creative Arts Centre at Gunnedah. The exhibition would be an example of a cultural exchange with our Sister City.

 

Gunnedah was sent photographs and details of the artworks in the Municipal Collection and on the 6 June Susan Wilson and Sharon Tollard, Library Manager at Gunnedah Shire Library came to Lane Cove to discuss our recommendations for what should be sent north. The Lane Cove staff suggested a number of the more popular artworks including the Portrait of Lloyd Rees by William Edwin Pidgeon, Guy Warren’s’ Rainbow Passage and Elizabeth Rooney’s Plaza Saga paintings along with some scenic landscapes of the Lane Cove area. 

 

Armed with these suggestions as a starting point the list was taken back to Gunnedah where further animated discussions were held with members of the Friends of the Gallery and Susan to decide on the final list of 33 artworks. A couple were also to be put on display in the Gunnedah Library.

 

Council’s former Manager Local History & Archives, Lavinia Foote Morid was asked by the Library to assist with sending the paintings north and was also asked if she would do a talk on the history of art in Lane Cove and on the Municipal Art Collection itself. The talk was held on the Sunday after the opening of the Exhibition on the 11 July and the exhibition was set to run from the 11 July until the 10 August.  A copy of the presentation have been circulated to the Councillors separately.   

 

The exhibition was launched on Friday 11 July by the Mayor of Gunnedah, Glr Gae Swain and Clr Ian Longbottom, Mayor of Lane Cove. Initial reports on the exhibition from Gunnedah have been good. Two of the local school have sent art students to view the exhibition and a number of pilgrims in Gunnedah prior to the World Youth Day celebrations also attended the exhibition.  Tamworth Prime News had an item on the Friday Night news discussing the exhibition, this news item will be shown at the Council Meeting on Monday 18 August.

 

Gunnedah’s Mayor Gae Swain, Deputy Mayor, Adam Marshall and Economic Development Officer, Chris Friend also attended Lane Cove’s Art Show Opening on Friday Night (8 August), as they were in Sydney for Country Week which is held at Rosehill Racecourse.

 

 

Conclusion

 

The recent sister city visit to Gunnedah was very beneficial with staff sharing many ideas and current work practices to assist both councils in improving procedures and work programs.  Council staff will continue to discuss how this sister city relationship can be strengthened over the coming years and how we can continue to share information and ideas on an ongoing basis.

 

 

RECOMMENDATION

 

That Council:-

 

1.   Send a letter to Gunnedah Council expressing its gratitude for the hospitality extended 

during the recent Sister City Visit on 11-12 July

 

2.   Continue to discuss with Gunnedah Council ways in which to strengthen the Sister City

relationship between the councils.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 18 August 2008

 

Environmental Services Division Report No. 44

 

 

 

 

 

Reference:    Environmental Services Division Report No. 44

Subject:          Update Report on the NSW Planning Reforms    

Record No:    SU1440 - 26536/08

Author(s):       Peter Thomas 

 

 

Executive Summary

 

This report provides an overview of some of relevant changes to the NSW Planning System.  It uses information that has been provided by the Department of Planning and advice from Council’s solicitors Pike Pike and Fenwick.

 

Current Status

 

The planning reforms amend the Environmental Planning and Assessment Act and the Building Professionals Act.

 

The Bills passed through both houses of Parliament on 18 June 2008 and were assented to on 25 June 2008.  They have not been proclaimed to date.  A staged roll out of the new provisions by the Implementation Advisory Committee is anticipated in the following order:

 

·     Miscellaneous provision intended to correct errors and problems in the existing Environmental Planning and Assessment Act 1979.

·     Enforcement provisions, sanctions and responsibilities for Certifiers.

·     Provisions relating to the Planning Assessment Commission, Joint Regional Planning Panels and Planning Arbitrators.

·     Plan making provisions.

·     Provisions relating to developer contributions.

 

The Department of Planning have indicated that the intent of the amendments is to:

 

·     Simplify, speed up and make cheaper the processing of development applications and appeals.

·     Improve certifier accountability.

·     Impose greater accountability on Councils in the collection and use of Section 94 contribution monies.

 

 

The following table summarising the reforms is adapted from the Department of Planning publication Improving the NSW Planning System Summary Paper November 2007. 

 

 

Issue

Government Solution

Land use changes and plan making

Gateway Review

·     Defined criteria

·     Whole of government approach

·     Consistent methodology

·     Key parameters resolved early

Lengthy plan making

New plan making model

·     Slash time taken to prepare LEPs

·     Clear allocation of responsibility

·     Process tailored to match the scope of the plan

·     One stop shop for policy resolution and legal drafting

Unsatisfactory regime for major development applications

New development assessment regime

·     Planning and Assessment Commission to deal with most developments of state significance

·     Joint Regional Planning Panels to deal  with developments of regional significance with greater consistency of outcomes

·     Less delays

Inefficient and overregulated processing of minor or routine development applications

Major cultural change to minor or routine DA processing

·     Expand use of exempt and complying from 11% to 50%

·     Significant reductions in approval times for complying development

·     Significant resource savings for Councils

·     Planning arbitrators to resolve disputes for small develop in a  fast and low cost manner

Lack of confidence in certification

More accountable certification

·     Broader accreditation

·     Increased penalties and accountabilities

·     Less scope for conflicts of interest

·     Increased auditing

Outdated DA technology

ePlanning

·     Greater community involvement

·     Transparent and accountable process

·     Efficiency gains for applicants, objectors and councils

·     Consistency of decision making

Inflexible system relating to paper subdivisions

Flexibility for paper subdivisions

·     Allow compulsory trading models on petition of majority of owners for paper subdivision

Weak protection of strata residential owners in new buildings

Better protection for strata owners

·     Better protection for strata owners  in new buildings by amendments to the Strata Management Act

 

 

Complying Development

 

Department of Planning target:

 

Increase the number of exempt and complying development certificates from 11% (currently) to:

·     30% within 2 years

·     50% within 4 years

 

·     The first mandatory default code to apply across the State by July 2008

 

The Department of Planning have stated:

 

Too few complying development certificates, too many DAs …

 

The Department advises that in 2005-2006, complying development comprised 11% of overall development proposals, whereas the 1997 reforms anticipated that proposals that previously required only a building application would become complying development.

 

The current provisions for complying development are contained in Council’s LEP and also in the Exempt and Complying DCP.

 

The compulsory amendments are:

 

·     Public notification will be reduced to the Council or Certifier notifying the neighbours prior to commencement of work (ie after the Complying Certificate has been issued).  This amendment will be in the Regulations.

 

·     Complying development can be considered for land that is subject to a critical habitat, wilderness area, subject to an interim heritage order or an item of environmental heritage.

 

·     What has been removed from the amendments was the notion of a “non complying - complying development”.

 

·     State wide codes and standards are being prepared for exempt and complying development.  (A CD copy of the Codes has been provided to Councillors)

 

There is currently a draft Housing Code for:-

 

·     Single storey dwelling houses in certain residential zones on lots >600sqm

·     Alterations and additions to single storey dwelling houses on certain rural and residential land on lots >600sqm

·     Internal alterations to 2 storey dwelling houses on certain rural and residential land on lots >600sqm.

 

A draft Commercial Building Code:-

 

·     Change of use of premises and internal fitouts in business zones

·     Change of use or premises and internal fitouts in industrial zones

·     Advertising structures.

 

Additional draft codes are yet to be released for:-

 

·     Single storey dwelling houses on land 450-600sqm.

·     Single storey dwelling house alterations and additions on land 450-600sqm.

·     Single storey dwelling house on land 200-450sqm.

·     Single storey dwelling house alterations and additions on land 200-450sqm.

·     Terrace house on land 200-450sqm.

·     Terrace house alterations and additions on land 200-450sqm.

·     Two storey dwelling house on land >600sqm.

·     Two storey dwelling house alterations and additions on land >600sqm.

·     Two storey dwelling house on land 450-600sqm.

·     Two storey dwelling house alterations and additions on land 450-600sqm.

·     Two storey dwelling house alterations and additions 200-450sqm.

·     Duplex (2 storey) on land 200-450sqm.

·     Industrial small new buildings.

·     Commercial/ retail small new buildings.

·    

A State Environmental Planning Policy will enact the above codes and will override Council’s own LEP and Codes.

 

Complying developments can be issued by Council or a Certifier, as per the current situation and a 10 day approval period is envisaged in the legislation.  Construction Certificates will be required where building work is carried out.

 

Comment

 

A total of 44 complying certificates: Lane Cove Council received 9 and 35 were received from Private Certifiers for the period of June 2007- July 2008.  During that same period Council received 548 development and Section 96 applications.

 

Development Applications

 

Department of Planning target:

 

·     Reduce overall time frames for local government DA processing from 68 days (current state average) to 48 days.

·     Reduce the number of modifications by a third.

·     Establish a Planning Assessment Commission – to deal with about 80% of state significant projects.

·     Establish Joint Regional Planning Panels, involving local government representatives to deal with major or other projects of regional significance (typically worth more than $50 million).

·     Reduce the need for legal appeals to the Land and Environment Court by 20% by providing Planning Arbitrators to resolve disputes on small local applications (usually less than $1 million).

 

The anticipated increase in the use of the exempt and complying provisions will result in changes to development applications, with the current main changes anticipated to be:

 

·     The period for rejecting development applications increased from 7 to 14 days.  This will become increasingly important as the “stop the clock” provisions are being removed and may necessitate the rejection of poor standard/ incomplete applications

 

·     The period for “deemed refusal” will change to:

v 50 days where no other agency (eg RTA, RFS) is involved.

v 90 days for integrated development or development which requires concurrence.

v 70 days for other developments.

 

·     External agency (eg RTA, RFS) response times for concurrences are reduced from 40 days to 21 days.  If the concurrence is not received with the 21 day period, then the concurrence is deemed to have been granted and Council must proceed to determine the application.

 

Comment

 

The processing times for development applications for the period 2007/2008 as reported to the Department of Planning are an average of 64 calendar days.  This includes applications which required external referrals.

 

No applications valued in excess of $50 million were received during that period.  

 

New Planning Bodies

 

The new legislation sets up 6 additional planning bodies:

 

Planning Arbitrator (PA)

 

·     Will be on a Register kept by the Director General and approved by the Minister.

 

·     Functions in relation to:

 

v “small scale” development not defined but likely to include dwelling houses, dual occupancy (including alterations and additions) not exceeding 2 storeys, commercial or retail development under 9m in height and with gross floor area less than 2000sqm (excluding bulky goods or licensed premises, change of use of commercial or retail premises with gross floor areas less then 2000sqm to another permissible use), where an applicant seeks a review or prior to an Appeal to the Land and Environment Court.

 

v Resolving disputes between Councils and applicants about the content of development applications (applications rejected during the first 14 days period).

 

·      The PA’s decision is deemed to be that of the Council and there remains a right of Appeal to the Land and Environment Court.

 

·      Council has no right of appeal over a decision by the PA.

 

·      The PA must have expertise in one or more of planning, architecture, heritage, urban design, law or engineering and is appointed for a 3 year period.

 

·      The Council pays the costs of the PA and is to provide access to Council records, the use of staff and facilities to enable them to exercise their functions.

 

Comment

 

At this stage the cost and staff time implications for this are unknown.

 

Joint Regional Planning Panels (JRPP)

 

The JRPP is established by the Minister for various regions of the State and will comprise 5 members (2 nominated by Councils and 3 appointed by the Minister) for a 3 year term and they are part time appointments.

 

The Minister will appoint one member as the Chairperson.

 

Functions in relation to:

 

§ Acting as consent authority where designated by an Environmental Planning Instrument.  Council staff will undertake the assessment work and report recommendations to the JRPP.

§ Acting as Planning Administrators and panels.

§ Giving advice to the Minister.

§ Consent authority for “regional development” (current Part 3A Development, including coastal, Crown and Private Infrastructure over $5 million, commercial or retail development over $20 million and residential development over $50 million).

§ Third Party merit reviews (Current third party appeals apply only to designated development.  Under the new legislation this is expanded to include Council approvals where

:

v Residential developments greater then 2 storeys or with at least 5 dwellings on site area over 2000sqm, and which exceed height or floor space ratio controls by more than 25%.

v Commercial, retail or mixed use development greater than 9m high, on a site area greater than 2000sqm and which exceed height or floor space ratio controls by more than 25%.

v The appellant must own land or have occupied a site for at least 6 months within 1km of the site.

v The JRPP’s decision can be reviewed by the Planning Assessment Committee (PAC).

 

The Council pays the costs of the JRPP and is to provide access to Council records, the use of staff and facilities to enable them to exercise their functions.

 

Comment

 

Currently appeal rights for development applications apply to:

 

·     An applicant (to the Land and Environment Court)

·     An objector in the case of “designated development”. 

·     An objector under Section 123 of the Act, as a result on procedural grounds.  This was the course pursued by the objector in relation to the Woolworths development.  Whilst that appeal was ultimately dismissed on all counts, it proved expensive for both Council and the applicant.

 

Third party appeal rights to objectors is essentially a new right but limited to where Council has approved development demonstrably out side its prescribed codes of more than 25% in height and floor space ratio on sites over 2000sqm.

 

Planning Assessment Committee (PAC)

 

Appointed by the Minister and comprises a chairman and between 3 and 8 members.

 

Functions include:

§ Decision making on Part 3A projects (when delegated by the Minister).

§ Consent Authority for development applications where delegated by the Minister.

§ Provide planning advice to the Minister.

§ Third party appeals (as described in the preceding section).

§ Act as a JRPP where no JRPP exists.

 

The Council pays the costs of the PAC and is to provide access to Council records, the use of staff and facilities to enable them to exercise their functions.

 

Comment 

 

At this stage the cost and staff time implications for this are unknown.  It is also too early to estimate the extent or impact of the PAC in either financial or a resource sense.

Independent Hearing and Assessment Panel (IHAP)

 

Panels constituted by Council.

 

Functions include:

 

§  Assess aspects of a development proposal at the request of Councils, but not matters subject to a JRPP determination.

 

Comment

 

The Department of Planning has advised that IHAPs are not compulsory panels.  The IHAP is intended to review only large controversial applications or applications where Council has an interest or is the proponent.  Lane Cove Council already has a policy and practice of outsourcing development applications (other than for minor works) to external consultants for review, assessment and recommendations to Council.

 

The IHAP provides Council with advice only.  Applications referred to the IHPA would still be determined by Council.

 

A Guideline for the operation/ formation of IHAPs has not been prepared to date, but will be issued by the Department in due course.  Originally people who could be on the IHAP were required to be from a list of persons compiled/ approved by the Director General.  This is no longer the case but panel members would need to have expertise in planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, tourism, government or public administration.

 

Depending upon what additional information is forthcoming from the Department, Council may need to set a policy position on when/ if an IHAP is to be convened.

 

Complying Development Expert Panel

 

Non statutory body engaged by the Department of Planning to develop state wide codes for complying development.

 

Implementation Advisory Committee

 

The panel is appointed to address the manner in which the amendments are implemented.

 

The Minister

 

The Minister remains the consent authority for critical infrastructure and major projects.

 

Appeals and reviews

 

·     Section 96D replaces Section 82A reviews.

 

·     Section 96E makes provision for reviews by third party objectors under circumstances prescribed in the Regulations (Third party reviews as outlined in the preceding section).

 

·     Land and Environment Court Appeal rights remain for most applications, excluding PAC determinations which have been subject to a public hearing, or “public interest development” where the consent authority is the Council (Appeal is to JRPP) and where the consent Authority is the JRPP (Appeal is to the PAC).

 

·     For small scale development the Appeal must first be referred to a PA.

 

·     Appeals to the Land and Environment Court must be lodged within 3 months in lieu of the current 12 month period.

 

·     Third party appeals must be lodged within 28 days.

 

·     The Land and Environment Court will be required to make an order for costs of the consent authority in the event of the Court allowing amended plans being submitted as part of an appeal.

 

Part of the reform is to reduce the number of appeals to the Land and Environment Court by removing smaller development issues and having them able to be reviewed by an Arbitrator and there being no appeal right for a development application determined by a PAC.

 

The Department of Planning advises:

 

For small developments the current appeals and review system is not working well. … Planning arbitrators could resolve disputes on the ground in a fast, low cost manner.

 

The following tables were provided by Pike Pike and Fenwick to demonstrate the new Appeal process.

 

Table 1 - Applicant Appeal Rights (Under Part 4 if lodged within 3 months)

 

 Decision maker

Type of DA or modification

Applicant’s Review or Appeal Rights

Council or agency

“small scale” DA

 

 

 

 

 

L& E Court

Review by Arbitrator or appeal to the L&E Court if Council agrees

Other DA’s

Appeal to L&E Court

JRPP

Any DA

N/A

Appeal to L&E Court

PAC

Any DA

N/A

No appeal if public hearing by PAC.  If no hearing, appeal to L&E Court

 

 


Table 2 - Objector Merit Appeal Rights (If lodged within 28 days)

 

Decision Maker

Type of DA or Modification

Community Merit Rights or Appeal Rights

 

Current                       Proposed

Council or agency

Designated development

L & E Court

L&E Court

“Public interest” development

Nil

Appeal to JRPP

Other development

Nil

Nil

JRPP

Designated development

L&E Court

L&E Court

“Public interest” development

Nil

Appeal to PAC

Other development

Nil

Nil

PAC

Designated development

L&E Court

L&E Court

“Public interest” development

Nil

Nil

Other development

Nil

Nil

 

Accredited Certifiers

 

Comment

 

Since the introduction of private certification, there have been shown to be a lack of accountability by certifiers.  Lane Cove Council has had cause on occasions to lodge official complaints against the work conducted by certain certifiers in the Council area.  Within the community, there has also been confusion over the enforcement responsibilities of Council and Certifiers when problems arise.  There has also been a perception of potential conflicts of interest having regard to the financial relationship of the owner to the certifier.  The Planning reforms deal with this issue in the following manner:

 

Department of Planning target:

 

Accredited certifiers undertaking the role of the PCA to be audited at least every 2 years.

 

BPB to undertake at least 100 audits per year within the first 2 years of the changes, and to increase this number over time.

 

Number of complaints to the BPB relating to enforcement of development consents to reduce by 50% in the first 4 years of the reforms.

 

The Building Professionals Amendment Bill will provide for the following

 

·     Council certifiers will hold accreditation to certify building work.

 

·     Private certifiers must be engaged by the owner of the property.

 

·     Private certifiers may not earn more than 20% of their total annual income from one employer and no more than 50% of the jobs certified for the employer.

 

·     Annual statements must be provided to the Building Professionals Board.

 

Councils will have increased powers which include:

 

·     Require certifiers and builders to answer questions and provide information.

 

·     Issue “on the spot” fines and “stop work” orders without the need to issue an “Intention to Issue and Order” notice.

 

·     Impose a performance bond on the developer which can be used to fund action to deal with unauthorised building works.

 

·     Recover costs of issuing orders.

 

Certifiers will be given powers to direct a land owner to comply with a development consent.

 

Increased penalties.

 

Certifiers will be able to request Councils to certify whether the design and construction of buildings are consistent with development consents.  A 21 day response period will be imposed with a “non response” classed as being in the affirmative.  A fee will be payable for this (to be set by Regulation).

 

The Regulations will specify the circumstances when a Construction Certificate or Final Occupation Certificate is not consistent with a development consent.

 

A final occupation certificate cannot be issued unless the building work is consistent with the development consent.  An interim occupation certificate can be issued despite an inconsistency.  The nature of the inconsistency must be shown on the certificate.

 

Comment 

 

Greater accountability of certifiers can only be a positive thing, as will the reforms in relation to increased powers for Councils attending sites. 

 

The change of wording in relation to a construction certificate being consistent with a development consent is also positive.  The opportunity for the certifier to make a 21 day application to Council for certification that a building design and construction are consistent with a development consent would seem however to be passing all the responsibility back to Council for a job that Council has had no supervisory role in. This may pose a financial and resource issue for Council.

 

Enforcement

 

·     The Regulations are being amended to allow Councils to require a performance bond to ensure compliance with a development consent.  The details have not been released to date.

 

·     Councils will be able to issue a “stop work” notice under section 121B for work that is in contravention of the Act.

 

·     The costs of issuing an Order will be recoverable, as will the associated costs of monitoring.  The costs notice is appealable to the Local Court.

 

·     Various increases are proposed to Infringement Notices, with details to be provided in the Regulations.

 

·     For unauthorised building work carried out in the previous 24 month period, Council can impose a building certificate fee equivalent to the development application fee.

 

·     A “reviewable” condition can be imposed on a development application in respect to premises such as hotels, clubs and nightclubs (eg for hours of operation or number of patrons).  This condition is performance based and can be revoked in the event of problems.

 

·     “Physical commencement” and “substantial commencement “are to be defined in the Regulations and provided with time constraints. 

 

Comment

 

This poses some positives to Council in terms of “reviewable” conditions. The ability to issue on the spot “stop work notices” is also a valuable amendment.  The reforms in relation to commencement of building works seek to clarify a situation which relies on individual interpretation and case law.

 

Developer Contributions

 

·     The Section 94 contributions Council can levy for are to be prescribed by the Regulations.  They are to be termed “community infrastructure contributions”.  New Section 94 Plans must be in place by 31 March 2010.

 

 

·     Community infrastructure includes:

v Local roads

v Local bus facilities

v Local parks

v Local sporting, recreation and cultural facilities

v Local car parking facilities

v Drainage, and stormwater management works

v Land for community infrastructure

v District roads having a direct connection to the development

 

·     A plan cannot provide levies outside of this without Ministerial approval.

 

·     The Minister can direct that monies collected must be spent within a “reasonable time” (not defined).

 

·     Councils can enter into Voluntary Planning Agreements for the provision of public infrastructure.

 

·     The Minister can direct how and when contributions collected for Affordable Housing may be used.

 

·     The Minister may direct a consent authority to impose state infrastructure contributions.  Contributions collected will be managed by a Community Infrastructure Trust.

 

Comment 

 

The implication for all Councils is that a new Section 94 Plan must be in place by 31 March 2010, after that time the current plans in use are repealed.  Council cannot levy for matters outside those listed above, without the approval of the Minister.  Councils can also be directed to levy for State Infrastructure.  The need for new/ a review of Council’s current draft Section 94 plan is a financial and resourcing issue for Council.   The other potential impact for Council’s will be what ends up being defined as a reasonable period for the spending of section 94 monies, and whether this stops the accumulation of monies in a fund till there is sufficient for the project.

 

ePlanning

 

Department of Planning target:

 

ePlanning implementation plan with targets adopted by State and local government within 3 years.

 

Adoption of ePlanning platforms in local councils:

·     Within 2 years 80% of councils are to provide online DA tracking.

·     Within 2 years 100% of exempt and complying codes will be available on line (State provided) and 50% of council codes (as accredited by the State).

·     Within 3 years 50% to provide online 149 planning certificates.

·     Within 3 years 50% are to have LEP tracking systems.

 

Comment

 

Lane Cove Council currently provides:

 

·     On-line DA tracking.

·     Council’s DCPs and Codes are available on the Council website.

·     An option is available for Section 149 certificates to be ordered and delivered on line.

·     On-line tracking of LEPs is currently not available and will need to be developed. Although monthly updates on LEP progress is published on council’s website.

 

Plan Making and Environmental Planning Instruments 

 

Department of Planning target:

 

Reduce processing time for LEPs by 50%

 

Reduce the number of SEPPs/ REPS by 50%

 

Regional Environmental Plans (REPs) are to be abolished and will become State Environmental Planning Policies (SEPPs).

 

The Minister may make or amend and LEP on his volition. This may also be delegated to other government bodies (such as Sydney Harbour Foreshore Authority).

 

The process for new LEPs is altered:

 

·     A proposal with justification is submitted to the Minister for a “gateway determination”.

·     The Minister determines whether the proposal will progress past this point.  The only government agency referral required is to the Department of Conservation and Climate Change and only in relation to threatened species if they are likely to be affected.

·     Whether a public hearing is to be held is at the Minister’s discretion.

·     The Regulations will specify the terms and nature of consultation.  This consultation must occur for the LEP to proceed.

·     PACs and JRPPs can review a planning proposal where there has been a delay.

·     The Department of Planning drafts the LEP after the proposal has been through the consultation process.

 

The aim for timing of a minor LEP is 6 months and 12 months for a major LEP.

 

Guidelines will be released for the preparation of Development Control Plans to ensure:

 

·     Standards are not raised above those within the state codes.

·     Development of DCP’s suitable for ePlanning implementation.

·     Only one DCP may apply to any parcel of land.

 

Comment

 

The reduction in processing times within the Department of Planning for LEPs is seen as positive, particularly for minor variations.  The target is a 50% improvement on processing times.  Also the reduction in REPs and SEPPS can only assist in reducing the level of complexity in processing applications and community understanding.

Conclusion 

 

As the above reforms are to be introduced over time, details as to the specific implications to our current processes/responsibilities and resources (both financial and staff) are difficult if not impossible to gauge at this point.  What is clear however is that the amendments to the Environmental Planning and Assessment Act will impact upon Councils profoundly and all Councils will need to develop new and changed procedures.

 

For Lane Cove this will require a review of all planning workflows and documentation.  This includes Departments outside Planning who are required to provide comment/input on applications, as well as administration areas such as Records.

 

The removal of the “stop the clock” provisions will mean that incomplete/ substandard applications will not be able to be accepted and any amendments required will need to be provided promptly. Work has already commenced on reviewing some of the documentation to reduce duplication and being able to provide time savings once the amendments come into force.

 

Council is fortunate that the dLEP is in its final stages and a draft Section 94 Contributions Plan has already been prepared, and may only require review.

 

The above report is provided for Councillor information.

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 18 August 2008

 

Environmental Services Division Report No. 342

 

 

 

 

 

Reference:    Environmental Services Division Report No. 342

Subject:          196 Pacific Highway    

Record No:    da08/65 - 28792/08

Author(s):       Rajiv Shankar 

 

 

Property:                     196 Pacific Highway, Greenwich

 

DA No:                         DA65/08

 

Date Lodged:              6 March 2008

 

Cost of Work:              $8,000,000

 

Owner             :                       S MacJohn

 

Author:                         Rajiv Shankar

 

 

EXECUTIVE SUMMARY:

 

The application was discussed by Council in its meeting held on 4 August 2008 (attached AT1)  where it was resolved 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.”

 

Having regard to Council’s resolution and a review of internal and external referrals, the following draft specific and standard conditions are provided that would apply if Council seeks to determine the application by approval.

 

Requirement for deferred commencement condition:

 

Attention is drawn to point number 4 of the external referral from RTA dated 18 June 2008 which states:

 

“To ensure that there would be minimal impact to the traffic flows along the Pacific Highway, a suitable management plan should be prepared which should address how the vehicles entering the site will be managed should the car lift become in-operable or the car parking area is full. This plan should be submitted to Council and the RTA for comment prior to determination of the application.”

 

With regard to the above, condition No. 1 has been prepared as a deferred commencement condition.

 

A copy of all the external and internal referrals are attached (AT2).

 

The calculations for Section 94 Contributions have been attached at (AT3).

 

The following conditions of approval would be appropriate if Council were to recommend approval.

 

That the application for demolition of the existing building and construction of accommodation, restaurant, conference room and entertainment areas at 196 Pacific Highway, Greenwich be approved subject to the following conditions:

 

Deferred Commencement Condition:

 

1.         To ensure that there would be minimal impact to the traffic flows along the Pacific Highway, a suitable management plan shall be prepared which details how the vehicles entering the site will be managed should the car lift become in-operable or the car parking area is full. This plan is approved by the RTA prior to this consent taking affect.

 

Conditions:

 

2.         (20) That the development be strictly in accordance with drawing numbers:

           

            Architectural plans: 

            SK101- 1a issue (a) dated 4/8/08,

            SK102- 1a issue (a) dated 4/8/08,

            SK103- 1 dated 6/3/08,

            SK201- 1a issue (a) dated 4/8/08,

            SK102- 1a issue (a) dated 4/8/08,

            SK103- 1a issue (a) dated 4/8/08,

            SK105- 1a issue (a) dated 4/8/08 by Andrew Crawford Architect Pty Ltd.

           

            Stormwater drainage plans:

            08s040 SKH01 to SKH04 Rev A dated 21/2/08 prepared by HughesTrueman.

 

3.         Level eight (8) and level (9) (ie 2 floors of accommodation), 0.5 level of basement parking (1.5 levels of basement parking from the original proposal) and the open air spa are to be deleted and not approved. Amended plans shall be submitted to the Principal Certifying Authority prior to the issue of Construction Certificate.

 

4.         A management plan for the functioning of a Valet Parking Scheme shall be provided to the Principal Certifying Authority prior to issue of Construction Certificate.

 

5.         The development shall comply with Disability Discrimination Act, 1992 and Council Access and Mobility Development Control Plan.

 

6.         A report, prepared by an independent access consultant, agreed to by Council, assessing the development both internal and external with regards to Disability Discrimination Act, 1992 and Council Access and Mobility Development Control Plan, along with recommendations regarding optimum access and mobility, be provided to the Principal Certifying Authority prior to issue of Construction Certificate. All recommendations of the report shall be adopted and certified prior to issue of Occupation Certificate.

 

7.         (15) THE PAYMENT OF A CONTRIBUTION OF $237541.00 TOWARDS TRAFFIC MANAGEMENT AND STREETSCAPE IMPROVEMENTS, OPEN SPACE AND RECREATION FACILITIES, DRAINAGE AND COMMUNITY FACILITIES.  THE  CONTRIBUTION TO BE MADE PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE AND TO BE AT THE CURRENT RATE AT TIME OF PAYMENT.  THE AMOUNT IS AT THE CURRENT RATE OF 2007/2008.  NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

 

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

 

8.         (38) All advertising signs/ structures being the subject of a separate development application.

 

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

 

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

 

11.       (137)  Lane Cove Council charges a fee of $30 for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.

 

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

 

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

 

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

 

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

 

13.       (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.

 

14.       A Fire Safety report from a suitably qualified Fire Safety Consulting Engineer or BCA Complying report from a person with appropriate level of competence detailing all non compliances with the current requirements of Section C (Fire resistance) , section D (Access and Egress), Section E (Services and Equipment), Section F (Health and Amenity), Section G (ancillary provisions), Section I (maintenance ) and Section J (Energy efficiency) of the building Code of Australia shall be provided. The report will provide a schedule of proposed essential fire safety measures prior to issue of Constriction Certificate. Alternate solution Complying with BCA would be considered.

 

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

 

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

 

17.       (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.

 

18.       (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.

 

19.       (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.

 

20.       (40) No retailing of goods to the public to be made from the subject premises.

 

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

 

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

 

23.       (46) Continuous balustrading is to be provided to all balconies, decks, terraces, landings and the like where more than 1 metre above the ground or floor surface beneath.  Such balustrading is to have a minimum height of 1 metre.  Openings in the balustrade must not allow a 125mm sphere to pass through and where the floor is more than 4 metres above the ground or floor surface below, any horizontal or near horizontal elements within the balustrade between 150mm and 760mm above the floor must not facilitate climbing.

 

24.       (47) Continuous balustrading is to be provided to all stairways and ramps where more than 1 metre or 5 risers above the ground or floor surface beneath.

 

The balustrade is to have a height of not less than 865mm above the nosings of the stair treads or the floor level of the ramp or landing and any opening does not permit a 125mm sphere to pass through it and for stairs, the sphere is tested above the nosings.

 

25.       (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.

 

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

 

27.       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)         Retaining walls prior to filling with concrete.

b)         All reinforcement prior to filling with concrete.

c)         The dampcourse level,

d)         Framework.

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Stormwater drainage lines prior to backfilling

h)         Completion.

 

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

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          any framing;

 

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

 

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

 

31.       (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.

 

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

 

a          Basement level;

b          The establishment of each floor level;

c          The completion of works.

 

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

 

33.       (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.

 

34.       (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.

 

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

 

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

 

37.       (74) All demolition works being completed within a period of three (3) months from the date of commencement.

 

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

 

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

 

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

 

41.       (86) An approved type of hoarding being erected along the street frontage.

 

42.       (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

43.       (98)  Separate approval being obtained for the mechanical ventilation system with fully detailed plans and specifications being submitted.  The system shall comply with the relevant provisions of A.S. 1668 and A.S. 3666.

 

44.       (103)  Floor wastes connected to an approved sanitary fitting are to be provided to all bathrooms, laundries and w.c.’s.

 

45.       (125)  Submission of a Waste Management Plan for the disposal of all waste material, spoil and excavated material.  The Waste Management Plan shall be submitted PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

Environmental Health Conditions:

 

Food Premises

 

46.       Construction and Fit out of Food Premises

            To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas all building work in connection with the occupation or the use of the premises intended for the preparation and storage of food shall be designed and implemented in accordance with the requirements of:

a)   Food Act 2003 & Food Regulations 2004

b)   Food Safety Standards 3.1.1, 3.2.2, 3.2.3

c)   Sydney Water Corporation – Trade Waste Section

d)   The Protection of the Environment Operations Act 1997

e)   Australian Standard AS 1668 Part 1 & 2

f)    The Building Code of Australia.

 

The design and construction of food premises must comply with the following requirements, as applicable:

 

·     The floors of kitchen, food preparation and storage areas are to be constructed of materials which are impervious, non slip and able to be easily and effectively cleaned. The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.  Coving should be installed at floor/wall joins to allow for cleaning.

 

·     Walls and ceilings are to be solidly constructed to prevent harbourage of pests.  They are to be finished with impervious sealed materials which are able to be easily and effectively cleaned. 

 

·     All fixtures and fittings, such as food preparation benches and cooking equipment, are to be moveable, or built in to walls and floors to prevent harbourage of pests and allow for cleaning.

 

·     Cupboards, cabinets, benches and shelving are to be smooth and impervious and may be glass, metal plastic, timber sheeting (sealed) or other approved material. The use of particle board or similar material is not permitted unless laminated on all surfaces.

 

·     To ensure that adequate provision is made for ventilation of the premises, mechanical and/or natural ventilation systems shall be designed, constructed and installed in accordance with the provision of:

a)   The Building Code of Australia

b)   AS 1668 Part 1 and 2 – 1991

c)   Protection of the Environment Operations Act 1997

 

A certificate shall be submitted from a practicing mechanical engineer certifying that the design and operation of the mechanical ventilation system meets the requirements of AS 1668 Parts 1 and 2.

 

·     A designated hand wash basin is required in the kitchen, with hot and cold water through a single outlet and provided with liquid soap and paper towels.

 

·     A portable digital thermometer accurate to +/- 1 degree Celsius is required for use in the premises in addition to temperature measuring devices attached to equipment.

 

a.         Odour Control

To ensure that adequate provision is made for the treatment of odours, the mechanical exhaust system shall be fitted with sufficient control equipment to prevent the emission of all offensive odours from the premises, as defined by the Protection of the Environment Operations Act, 1997

 

b.         Service Pipes

Where possible all service pipes must be concealed in the floors, plinths, walls or ceilings.  Alternatively, service pipes must be fixed on brackets so as to provide at least 25mm clearance between the pipe and any adjacent vertical surface and at least 100mm between the pipe and any adjacent horizontal surface.

  

 

c.                     Surface Pipe Openings

All service pipe openings in walls, floors and ceilings must be made proof against the access of pests.

 

d.         Grease Trap

Trade waste water must be disposed of in accordance with the permit requirements of Sydney Water. The proprietor shall contact the Trade Waste Office of Sydney Water so as to ensure that the sewerage pre – treatment system installed is appropriate for the proposed use of the premises.

 

e.         Food Shop Notification Requirement

Occupation of the premises shall not occur until:

 

 

a)         Notification to the NSW Food Authority under Standard 3.2.2 Division 2 Section 4 Notification.  This requirement is to be met by notifying through the following website: http://www.foodnotify.nsw.gov.au

 

f.          Final Inspection (Food premises)

A final site inspection relating to the works carried out on the premises shall be arranged by the applicant and shall be undertaken by Council before the issuing of the occupation certificate.

 

Waste

 

47.       Garbage storage area – Commercial/Industrial

All garbage shall be stored in a designated garbage area, which includes provision for the storage of all putrescible waste and recyclable material emanating from the premises. The area is to be constructed with a smooth impervious floor graded to a floor waste and connected to the sewer. Detailed plans and specifications for the construction of the designated garbage area are to be submitted with the Construction Certificate.

 

48.       Garbage collection – Commercial/Industrial

Liquid and solid wastes generated on the site shall be collected, transported and disposed of in accordance with the Protection of the Environmental Operations Act 1997.  Records shall be kept of all waste disposal from the site. 

 

Noise

 

49.       Proposed use and Operation of Plant and Equipment

The proposed use of the premises and the operation of all plant, building services, machinery and ancillary fittings (including air conditioning units) shall not give rise to an 'intrusive or offensive noise' as defined in the Protection of the Environment Operations Act 1997 and Regulations, and the New South Wales EPA’s Industrial Noise Policy (January 2000).

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration, by more than 5dB(A).

 

 


50.       Acoustic Assessment

            Following construction and prior to the issuing of the occupation certificate, an acoustic assessment must be carried out and submitted to Council to ensure that the resulting noise emissions complies with the noise limits contained within the Industrial Noise Policy. 

 

Traffic Conditions:

 

51.       Provision shall be 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). Vehicle access for delivery/service vehicles should be provided and should be able to perform a 3-point turn internally to exit the property in a forward direction.

 

52.       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. To potentially address this concern the 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.

 

The provision of a vacant space for a turn around area would facilitate vehicles entering/ existing the site in a forward direction (particularly if a situation arises that vehicles are entering the site and the car lift is inoperable).

 

Therefore, the ground floor parking area shall be redesigned to address the abovementioned concerns prior to issue of Construction Certificate.

 

53.       The design and construction of the proposed driveway and gutter crossing off the Pacific Highway shall be in accordance with AS2890.1 – 2004 and the RTA requirements (ie 6m plus 0.5m splays to the kerb line and extended back to a width of 5.5m at the property boundary to facilitate simultaneous entry/exit manoeuvres). Details of these requirements could be obtained from the RTA’s Project Services Manager, Traffic Projects Section, Parramatta (ph: 02 8849 2144)

 

A certified copy of the design plans should be submitted to the RTA for consideration and approval prior to the release of any Construction Certificate and commencement of road works.

 

The RTA fees for administration, plan checking, civil works inspection and project management shall be paid by the developer prior to the commencement of works.

 

54.       The layout of the proposed car parking areas associated with the development (including: driveways, grades, turn paths, sight distance requirements, aisle widths, and parking bay dimensions) should be in accordance with AS2890.1 2004.

 

55.       Suitable drainage retardation should be implemented on –site to ensure that there is no increase in the current stormwater discharge from the site to the Pacific Highway.

 

Detail design plans and hydraulic calculations of any changes to the RTA’s stormwater drainage system are to be submitted to the RTA for approval, prior to commencement of any works.

 

Details should be forwards to:-

 

The Sydney Asset Management

PO Box 973

Parramatta CBD NSW 2124

 

A plan checking fee may be applicable and a performance bond may be required before the RTA’s approval is issued. With regards to the Civil Works requirement please contact the RTA’s Project Engineer, External Works Ph: 8849 2114 or Fax: 8849 2766.

 

56.       The proposed development should be designed such that the road traffic noise from the Pacific Highway is mitigated by durable materials and complies with the requirements of Clause 102 – (Impact of road noise or vibration on non road development) of State Planning Policy (Infrastructure) 2007.

 

57.       All vehicles must enter and exit the property in a forward direction.

 

58.       A ‘Left Turn Only’ sign shall be provided at the exit point within the property.

 

59.       The sight distances for northbound vehicles along Pacific Highway to the access driveway is restricted by large trees, thus requiring the installation of ‘Caution Driveways’ (W2-207 IL) signage. In order to carry out the installation of the proposed signage the applicant must contact the RTA Ph: 02 8849 2591 to organise a works inspection.

 

60.       Vegetation and proposed landscaping along the Pacific Highway frontage must not hinder sight lines to/ from the proposed access driveway to motorists, pedestrians and/or cyclists.

 

61.       Suitable provision is to be made on site for all construction vehicles. No construction works zones (s) would be approved by RTA for the Pacific Highway.

 

62.       All works and regulatory signage associated with the proposed development will be at no cost to the RTA.

 

63.       Bicycle parking area should be designed and provided.

 

Tree Conditions

64.       (300)  A Tree Preservation Order applies in the Lane Cove local government area. The order prohibits the cutting or removal of any tree except with the consent of Council, which must be strictly and fully complied with, and the penalty for contravention of this order is up to One million one hundred thousand ($1,100,000).  The co-operation of all residents is sought in the preservation of the bushland character of the Municipality.  All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.

 

65.       (303)  There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.

 

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

 

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

 

68.       (315)  The proposed driveway crossing must be at least 2.5 m clear of the trunk of the street trees.

 

 

69.       (350) The trunks of the three (3) Paperbark street trees must be protected during the construction period by trunk guards. The trunk guards must be made of underfelt under a layer of battens spaced 50 mm apart and up to 2 m from the ground. The trunk guards shall be free standing with no nails or screws attached to the trees. All trunk guards must be installed PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation.

 

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

 

Bond on Street & Council Trees

 

71.       (327)  A bond of $ 9000 must be paid to Council prior to the issue of Construction Certificate to ensure adequate protections are taken during the development to protect the three (3) Paperbark trees to be retained.  This bond shall be forfeited in the event of damages to any of these trees as a result of the development works within a period of 12 months after completion. In the event of damages to the tree, as determined by Council’s Tree Preservation Officer, the cost of replacing the tree including labour will be incurred in addition to forfeiting the bond. The following formula shall be used for retention of all or part of the tree bond:

 

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

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

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

 

72.       (355)  An arboriculturalist must supervise all digging / excavation that is within 2.5m of any tree greater than 4m in height including neighbouring trees and street trees. A report must be submitted within 60 days of inspection to the Council ’s Tree Assessment Officer, outlining the extent of the excavation and the impact upon the trees and if there was any damage to the root system along with remediation works carried out.

 

73.       (360)  The Supervising Arboriculturist must be on site and provide certification for their site attendance and supervision of the following works located within 2.5m of any tree to be retained.

 

74.       (369)  There must not be any stockpiling of building materials or other materials or dumping of refuse to occur within 3m of the dripline of the tree(s) shown on the approved plan to be retained which do not have tree protection fencing.

 

75.       (374)  Ruts, breakage of turf and/or soil surface, by delivery trucks or machinery must be repaired to the satisfaction of the Lane Cove Council

 

General Engineering Conditions

 

76.       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.

 

77.       Control of Stormwater Runoff.  Stormwater runoff from all impervious areas shall be collected and piped to a council stormwater pit. The design shall include.

 

· On site detention, detention is to be connected to the council system by gravity

· Pump out system for the sub-soil drainage is to drain via the detention system

·           The connection to the council network from the OSD system containing the pump out outlet is to be made directly to a council pit or pipe (stormwater runoff from OSD system is not to be conveyed through the gutter)    

 

The design and construction of the drainage system is to fully comply with, AS3500 and Council's DCP-Stormwater management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties. Outflow from the basin shall be piped to the street gutter system.

 

78.       Services Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

 

79.       Accelerated Depreciation to Council’s Road Infrastructure

            In order to cover the accelerated depreciation to Council’s Road Infrastructure the developer is to pay a fee based upon a calculation of the damage caused by trucking operations.

During construction the developer shall pay a monthly fee to Council, to cover accelerated depreciation to Council’s road infrastructure. This fee shall be determined from the number of truck movements using the site in association with the rehabilitation and construction works. The fee shall be computed based on the following table:

3 axle single unit $5.93

4 axle single unit $7.38

4 axle or less double unit, 1 unit is truck $8.82

5 axle double unit, 1 unit is truck $10.33

6 or more axle double, 1 unit is truck $11.85

5 axle or less multi unit $18.61

6 axle multi unit $14.75

 

            These rates (base date 2008-2009) are to be indexed in accordance with CPI. Payment shall be forwarded to Council without the issuing of an invoice, within seven (7) days of completion of each month. This monthly payment shall be based on the above table and details of all calculations shall be forwarded with payment.

 

80.       Recording of Trucking Movements

            Prior to commencement of site works, the developer shall provide Council with the company details of the contractor/s responsible for the transport of material to and from the site. The developer is required to nominate a contact person who will be responsible for all heavy vehicle operations. Relevant telephone numbers, facsimile numbers and e-mail address shall be submitted to Council prior to commencement of works. A weekly reconciliation of trucking movements shall be provided to Council during the period of transporting material. This shall include but not be limited to the number of trucks that have travelled to and from the site each day, and the registration numbers (both truck and dog-trailer registration plates) of these vehicles.

 

81.       Covering Heavy Vehicle Loads

            All vehicles transporting soil material to or from the subject site shall ensure that the entire load is covered by means of a tarpaulin or similar material. The vehicle driver shall be responsible for ensuring that dust or dirt particles are not deposited onto the roadway during transit. The preferred method of covering loads is with an automated “enviro-tarp”. It is a requirement under the Protection of the Environment Operations (Waste) Regulation, 1996 to ensure that all loads are adequately covered, and this shall be strictly enforced by Council’s Ordinance Inspectors. Any breach of this legislation is subject to a $500 “Penalty Infringement Notice” being issued to the drivers of those vehicles not in compliance with the regulations.

 

82.       Truck Shaker.  A truck shaker ramp must be provided at the construction exit point. Fences are to be erected to ensure vehicles cannot bypass them. Sediment tracked onto the public roadway by vehicles leaving the subject site is to be swept up immediately.

 

83.       Street Cleanliness

            All streets along the designated heavy vehicle route shall be kept free from sediment during the course of the work. The developer shall monitor the state of the roadways leading to and from the site on a daily basis, and take all necessary steps to clean up any adversely impacted road pavements. In this regard, the developer shall make arrangements for the regular dry mechanical suction sweeping of streets in the vicinity of the site for the duration of the works. It should be noted that the flushing of roadways using a water cart or similar means constitutes a breach of the Protection of the Environment Operations Act carrying a $1500 “Penalty Infringement Notice”.

 

84.       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.

 

85.       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’.

 

86.       Temporary Footpath Crossing.  A temporary footpath crossing must be provided at the Vehicular access points. It is to be 4 meters wide, made out of sections of hardwood with chamfered ends and strapped with hoop iron, and a temporary gutter crossing must be provided.

 

87.       Permit to Stand Plant

            Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: please allow 2 working days for approval.  

 

Engineering Conditions to be complied with Prior To Construction Certificate

 

88.       Council construction requirements.

The applicant shall

1.   Reconstruct full kerb and gutter across the full frontage of the site

2.   Reconstruct footpath across  the full frontage of the site

3.   Construct a minimum 375mm diameter RCP from the subject site to the nearest council pit / pipe (pipe lines are not to cross roadways). Where the pipe line is to travel along a road reserve the pipe location must be under the Kerb and gutter, In this case the kerb and gutter is to be replaced.

     Note, closest council pit is located in Bellevue Ave

4.   Use cast in situ construction techniques for connection to the council’s stormwater system.

The applicant shall lodge with Council a $100,000 cash bond or bank guarantee to cover the satisfactory construction of the above requirements. Lodgement of this bond is required prior to the issue of the construction certificate Bond will be held for a period of six months after satisfactory completion of the works. All works shall be carried out prior to the issue of the occupation certificate all expenses are to be borne by the applicant.

 

89.       Council inspection requirements

The following items are to inspected 

1.   Connection to the existing Council stormwater pipeline

2.   Laying of the RCP and restoration of disturbed area 

3.   Construction of kerb and gutter

4.   Construction of footpath

Each item is to be inspected prior to the pouring of any concrete (formwork), the RCP is to be inspected prior to backfilling and all items are to be inspected at the time of completion. An initial site meeting is to be conducted with council and the contractor prior to the commencement of any of the above works to allow for discussion of council construction / setout requirements.

An Inspection fee of $1075 is to be paid prior to the issue of the construction certificate.

 

90.       Design of retaining structures: All retaining structures grater than 1m in height are to be designed and certified by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian standards. The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate. 

 

91.       Geotechnical Monitoring Program

   Excavation works associated with the proposed development must be overseen and monitored by a suitably qualified engineer. A Geotechnical Monitoring Program must be produced to ensure that all geotechnical matters are regularly assessed during the construction to prevent adverse effects resulting from the excavation.

   The Geotechnical Monitoring Program for the construction works must be in accordance              with the recommendations of the Geotechnical Report and is to include

·     Recommended hold points to allow for inspection by a suitably qualified  engineer during the following construction procedures;

§ Excavation of the site (face of excavation, base, etc)

§ Installation and construction of temporary and permanent shoring/ retaining walls.

§ Foundation bearing conditions and footing construction.

§ Installation of sub-soil drainage.

·              Location, type and regularity of further geotechnical investigations and testing.

   Excavation and construction works must be undertaken in accordance with the Geotechnical and Monitoring Program.

 

92.       Construction Methodology Report

            There are structures on neighbouring properties that are deemed to be in the zone of influence of the proposed excavations. A suitably qualified engineer must prepare a Construction Methodology report demonstrating that the proposed excavation will have no adverse impact on any surrounding property and infrastructure. The report must be submitted to Principle Certifying Authority prior to issue of a Construction Certificate

            The report must include an investigation to determine the design parameters appropriate to the specific development and site. This would typically include:

·           Location and level of nearby foundations/footings (site and neighbouring)

·           Proposed method of excavation

·           Permanent and temporary support measures for excavation

·           Potential settlements affecting footings/foundations

·           Ground-water levels (if any)

·           Batter slopes

·           Potential vibration caused by method of excavation

·           De-watering including seepage and off site disposal rate (if any)

           

The Report must include recommendations on appropriate construction techniques to ameliorate any potential adverse impacts.

            The development works are to be undertaken in accordance with the recommendations of the Construction Methodology report.

 

93.       Geotechnical reports

            All excavations and retaining structures greater than 1m in height will require preparation of a Geotechnical Report. Geotechnical Reports and supporting information are to be prepared by a suitably qualified geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of a Construction Certificate. The development works are to be undertaken in accordance with the recommendations of the Geotechnical report.

 

94.       Dilapidation report

The applicant is to provide a dilapidation report of all adjoining properties and any of Councils infrastructure located within the zone of influence of the proposed excavation.

Dilapidation report must be conducted by a suitably qualified engineer prior to the commencement of any demolition, excavation or construction works. The extent of the survey must cover the zone of influence that may arise due to excavation works, including dewatering and/or construction induced vibration. The Initial dilapidation report must be submitted to Principle Certifying Authority prior to issue of a Construction Certificate

A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works and be submitted to Principle Certifying Authority prior to issue of an occupational Certificate

 

95.       Drainage Construction. The stormwater drainage plan 08s040 SKH01 to SKH04 Rev A  prepared by HughesTrueman is to be amended to reflect the condition Control of Stormwater Runoff  and is to be certified that the design fully complies with, AS3500 and Council's DCP Stormwater Management. The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate

 

The Principle Certifying Authority is to be satisfied that the amendments have been made in accordance with the requirements set out in condition Control of Stormwater Runoff and is to be satisfied with the adequacy of the amended plans for the purposes of construction. They are to independently determine what details, if any, are to be added to the Construction Certificate plans, in order for the issue of the Construction Certificate.

 

96.       Car Parking. The plans and supporting calculations of the internal driveway, turning areas, garage opening widths, parking space dimensions and any associated vehicular manoeuvring facilities shall  be submitted to the principle certifying authority. 

 

The plans shall be prepared and certified by a suitably qualified engineer. The design is to fully comply with AS 2890 Series and Council's standards and specifications. The plans and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.  

 

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

 

98.       Proposed Vehicular Crossings. The proposed Vehicular crossings shall be constructed to the specifications and levels issued by Council. A ‘Construction of Vehicular Footpath Crossing to serve large Residential, Multi-Unit Dwelling, Commercial & industrial Site’ application shall be submitted for each crossing and the appropriate fees paid to Council prior to the issue of the construction certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the occupational certificate. 

 

99.       Traffic Management plan.  A traffic management plan is to be submitted to and approved by the following consent authorities,

·     Local traffic committee

prior to the submission to the principle certifying authority.

The traffic management plan shall be prepared and certified by a suitably qualified person. The plan is to fully comply with AS 1742.3 and the consent authority’s requirements.

The plans and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.  

 

100.     Footpath Damage Bond. The applicant shall lodge with Council a $10000 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.

 

101.     Positive Covenant Bond. The applicant shall lodge with Council a $1,000 cash bond to cover the registration of a Positive Covenant over the pump out drainage system. Lodgement of this bond is required prior to the issue of the construction certificate

 

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

 

103.     Soil and Water Management Plan. A Soil and Water Management Plan (SWMP) 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. SWMP is to be submitted to the principal certifying authority to prior to the issue of the construction certificate.

 

104.     Hoardings. The hoarding to be erected must comply with the Workcover "Code of Practice Overhead Protective Structures" and all work shall be carried out in accordance with AS2601:1991, The Demolition of Structures.  A Cash Bond/Bank Guarantee, which Council requires for all developments as well as the properly notated insurance, must be in place prior to erection of a hoarding. The hoarding shall be in place prior to the commencement of works on the site.  Other Council hoarding conditions are as follows:

 

(a)        Not more than 1800mm of the footway may be enclosed, however if the footway is less than 3.7 metres wide half of the footway may be enclosed.  The unoccupied area of the footpath shall be kept free at all times of all building materials and debris and maintained in a safe and trafficable condition.

(b)        Builders must provide adequate protection to concrete footpath and kerb and gutter. Footpath crossings are required to be 5.0 metres in width and constructed of 100mm x 50mm hardwood, properly secured with chamfered ends to provide a smooth transition to adjacent surfaces.  The whole of the temporary crossing is to be covered with suitable filling material and made safe to pedestrians.  A proper protective timber crossing is to be provided to the kerb and gutter before any building material is deposited on the site.

(c)        All hoardings must be lit between the hours of sunset and sunrise.  Lights are to be erected at intervals of not greater than 5.0 metres for the length of the hoarding. The builder shall keep the hoarding presentable to the public for the whole of the time it is erected.  There shall be no catch points or protrusions likely to cause injury or damage to the public from the hoarding.  The hoarding shall be constructed of demountable timber frame sections lined with a smooth face material, and painted with an approved white paint which shall not wash or rub off.

(d)        The builder shall secure a $10 million public risk insurance policy in favour of the  Council to indemnify Council in the event of any member of the public suffering injury to persons or property by reasons of the presence of the hoarding.

(e)        Trees which are affected by the hoarding and are located outside the boundaries of the allotment are not to be cut or removed without the prior approval of the council being obtained.

(f)         The hoarding shall be removed immediately at the builder's expense if any of these conditions are not fully complied with.

 

Engineering Conditions to be complied with Prior to Commencement of Construction

105.     Materials on Roads and Footpaths. Where the applicant requires the use of council land for placement of building waste, skips or storage of materials a 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. 

 

106.     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.

 

107.     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.

 

108.     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

           

109.     Certification of recommended works

Certification is to be submitted by a suitably qualified engineer stating that all retaining structures and excavations have been constructed in accordance with the approved Geotechnical report and Construction Methodology report. Certification is to be submitted prior to the release of the occupational certificate.

 

110.     Earth works certification

            A suitably qualified engineer shall provide certification to the principal certifying authority that all earth works have been carried out;

·           In accordance with the Geotechnical Monitoring Program.

·           In accordance with the relevant Australian Standards and Codes of Practise.

·  In a manner that does not compromise the structural integrity of all adjacent structures, property and infrastructure.

            The certification and a complete record of inspections, testing and monitoring (with certifications) must be submitted to the principal certifying authority prior to the issue of the occupational certificate.

 

111.     Engineering certification

Prior to the issue of the occupational certificate a suitably qualified engineer shall certify that following have/has been constructed in accordance with the approved plans and is within acceptable construction tolerances.

·     Stormwater system*

·     Retaining Structures

 

            All Engineering Compliance certificates are to contain the following declarations:

 

a.   This certificate is supplied in relation to INCERT PROPERTY ADDRESS

b.   INCERT NAME OF ENGINEER AND COMPANY have been responsible for the supervision of all the work nominated in (a) above.

c.   I have carried out all tests and inspections necessary to declare that the work nominated in (a) above has been carried out in accordance with the approved plans, specifications, and the conditions of the development consent.

d.   I have kept a signed record of all inspections and tests undertaken during the works, and can supply the Principal Certifying Authority [PCA] with a copy of such records and test results if and when required.

 

*(The certification is to include a work as executed plan, and OSD volume)

    The Work as Executed plan:

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

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

 

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

 

113.     On-Site Stormwater Detention Tank. All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted with step irons.

 

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

 

115.     Positive Covenant – (pump).  Documents giving effect to the creation of a Positive Covenant over the pump out system shall be registered on the title of the property prior to the issue of the Occupation Certificate. The creation of a Positive Covenant under Section 88E of the Conveyancing Act 1919 is to burdening the property with the requirement to maintain the pump out system. The wording of the terms of the Positive Covenant shall be in accordance with Council’s DCP Stormwater management.

 

 

 

RECOMMENDATION

 

That Council determine the matter.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

REPORT 196 Pacific Highway, Greenwich

19 Pages

 

AT‑2 View

Internal and External Referrals - AT2

22 Pages

 

AT‑3 View

Section 94 Contribution calculation - AT3

2 Pages

 

 

 


Ordinary Council Meeting 18 August 2008

 

Environmental Services Division Report No. 52

 

 

 

 

 

Reference:    Environmental Services Division Report No. 52

Subject:          Draft LEP Amendment No.60 - Rosenthal Avenue    

Record No:    SU2669 - 29022/08

Author(s):       Stephanie Bashford 

 

 

 

Executive Summary

 

Council is requested to finalise Draft Local Environmental Plan Amendment No.60 – Rosenthal Avenue for submission to the Department of Planning with a request for it to proceed to gazettal.

 

The draft plan proposes to reclassify the car park site to its original classification of operational land under the Local Government Act, following an interim period when it has been classified community land. The draft plan has been exhibited twice, a public hearing undertaken and submissions considered.

 

The Draft LEP remains a separate amendment under LEP 1987 from the Comprehensive Draft LEP, which was commenced under more recent legislation.  The Department of Planning has approved this process.

 

Background

 

The purpose of the proposed reclassification is to return the site to the operational classification, which is typical for functional areas such a public car park, and would allow a range of options for the site’s use for maximum public benefit.

 

Draft LEP Amendment No.60 was exhibited from Wednesday 7 December 2005 to 31 January 2006. A public hearing was conducted on 18 July 2006.

 

In September 2006, Council resolved to adopt the Public Hearing Report by Commissioner Hill and to seek gazettal of the Draft LEP Amendment. The draft plan aimed to reclassify the site to operational. It also included, on the Commissioner’s recommendation, revisions to include planning controls, in particular, to add land uses to provide for optimum development of the land for public benefit such as a cultural centre.

 

The Department of Planning determined on 10 August 2007 that Draft LEP No.60 could proceed in so far as it related to the reclassification of the land, but not including any other planning matters.  The draft plan conforms with this requirement.

 

The Department’s letter also advised that Council was to satisfy itself whether re-exhibition of the draft plan were necessary, as is permissible at Council’s discretion under section 68 of the Act. On 2 October 2007, Council resolved to adopt for public exhibition “the revision of Draft Local Environmental Plan Amendment No.60 dated 25 September 2007, in accordance with section 68 of the Environmental Planning and Assessment Act 1979”. The basis for this second exhibition was to have regard to recent views of the Land & Environment Court regarding the re-exhibition of draft LEPs in some circumstances after amendments have been made.

 

Discussion

 

The second exhibition was held from Wednesday 24 October to Tuesday 20 November 2007 inclusive. Three submissions were received in response, one being in support and two in opposition.

 

Submissions

 

The grounds for support comprised:-

 

*           that Council needs to be in a position to explore all options available for the site’s redevelopment for improved car parking and other uses for the public’s benefit: This support is noted.

 

The grounds for opposition comprised:-

 

*           that a management plan approach should be undertaken, with community consultation, prior to determining the site’s future use and planning controls: These concerns have been addressed with (i) the preparation of the draft Lane Cove Village Structure Plan and (ii) the deletion of the planning controls component from the draft LEP (to be a subject of the Comprehensive DCP review) and are not considered a basis for refusing the site’s reclassification.

*           that a 21 year lease [permissible for community land] would permit the Major Projects Plan to proceed:  This is not a typical period for significant developments and is not supported.

*           that the Commissioner recommended in favour of a single submission supporting the draft plan rather than the 20 opposing it: It is not the purpose of this report to review the Commissioner’s findings.

 

Submissions have been circulated to Councillors separately in line with Council’s privacy provisions.

 

Process

 

The letter of 10 August 2007 enclosed the Director-General’s Written Authorisation to Exercise Delegation under section 69 of the Act, that is, to request gazettal of a plan in accordance with the Department’s conditions. It is appropriate that this step now be taken.

 

The plan has complied with the Department of Planning’s requirements restricting it to the site’s reclassification rather than the inclusion of any planning controls.

 

It should be noted that the Draft LEP Amendment No.60 remains a separate amendment document under LEP 1987 from the Comprehensive Draft LEP, on these grounds:-

 

(i)         for the purpose of completing a process which was commenced in 2005 under LEP 1987, prior to the introduction in 2006 of the NSW Standard LEP (Template) under which the Draft Comprehensive LEP is written, and

(ii)        because the draft amendment for Rosenthal Avenue is at the section 69 stage (i.e. already approved for reporting to the Minister for gazettal), whereas the Draft Comprehensive LEP is still at section 68 stage (i.e. with the Department’s authorisation yet to be obtained for it to proceed to gazettal).

 

The Draft Comprehensive LEP is consistent with the proposed operational classification. It also includes the land uses recommended by the Commissioner of “commercial premises” (the new term is to be “business premises”, appropriate in a village centre) and “place of public assembly” (to be “entertainment facilities”, such as a cultural centre).

 

Conclusion

 

Council is requested to finalise Draft Local Environmental Plan Amendment No.60 – Rosenthal Avenue for submission to the Department of Planning with a request for it to proceed to gazettal for the purpose of completing a process which was commenced in 2005 under LEP 1987, noting that the reclassification is consistent with the Draft Comprehensive LEP.

 

The recommendation follows the undertaking of two exhibitions and a public hearing, and consideration of the related submissions.

 

 

 

RECOMMENDATION

 

 

That:-

1.   Council adopt as final Draft Local Environmental Plan Amendment No.60 Rosenthal Avenue, as exhibited and dated 18/8/08, to reclassify the land known as the Rosenthal Avenue car park to operational under the Local Government Act 1993 and


2.   Draft LEP Amendment No.60 be submitted to the Department of Planning with a request for it to proceed to gazettal, in accordance with sections 68 and 69 of the Environmental Planning Act 1979.

 

 

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Draft LEP Amendment No.60 as at 18/10/07 & 18/18/08

1 Page