Minutes
Ordinary Council Meeting
18 August 2008
6:37pm
All
minutes are subject to confirmation at a subsequent
meeting
and may be amended by resolution at that meeting.
Minutes
Ordinary Council Meeting
18 August 2008
6:37pm
All
minutes are subject to confirmation at a subsequent
meeting
and may be amended by resolution at that meeting.
|
|
|
|
Minutes |
|
|
|
|
PRESENT: Councillor I. Longbottom, (Chair), R.
D’Amico, Councillor K. Freedman, Councillor W. Gaffney, Councillor J. Hassarati, Councillor T.
Lawson, Councillor A. Smith, Councillor F.Teirney and Councillor R. Tudge.
ALSO PRESENT: General
Manager, Executive Manager - Corporate
Services, Executive Manager - Environmental Services, Executive Manager – Open Space & Urban
Services, Executive Manager - Human Services, Manager – Development Assessment,
Director Major Projects and Chief Executive’s Secretary.
OPENING OF MEETING WITH PRAYER
The meeting was opened with a prayer by Fr Martin
Maunsell,
CONFIDENTIAL ITEMS
Pursuant to section
10A(4), the public were invited to make representations to the council meeting
before any part of the meeting is closed, as to whether that part of the
meeting should be closed to consider:
|
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. |
|
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. |
All members of the public and media in the chamber.
Closed
Committee of the Whole commenced. All staff with the
exception of the General Manager left the chamber.
|
Mayoral Minute No. 4 |
|
|
SUBJECT: Performance Review of
the General Manager |
|
|
|
RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE That Council:- 1.
Endorse the very
satisfactory Performance Review of the General Manager, Mr Brown. 2.
Endorse the
General Manager’s 2008/2009 Performance Agreement. |
All staff returned to the chamber.
|
Human Services
Division Report No. 13 |
|
|
SUBJECT: Lane Cove Aquatic
Leisure Centre |
|
|
|
RECOMMENDATION OF COUNCIL IN CLOSED COMMITTEE That: 1.
The Information be received and noted. 2.
The General Manager progress the matter as
recommended by Council’s legal advisors. |
|
RESOLVED on the motion of Councillors Teirney and
Gaffney that Council move out of Closed Council and into open
Council. The Mayor declared the motion carried unanimously. |
|
Open Council resumed
ACKNOWLEDGEMENT OF
COUNTRY
The Mayor gave an Acknowledgement of Country.
CONFIDENTIAL ITEMS
The following recommendation of Council while the
meeting was closed to the public were read to the meeting by the General Manager,
prior to being adopted.
DECLARATIONS OF INTEREST:
Nil.
Councillor D’Amico vacated the chamber at 7:02pm.
The following people addressed Council:-
Heather Oswald on behalf of her mother, June Oswald of
Councillor D’Amico rejoined the meeting at 7:06pm.
David Harley
Axel Blom
Councillor Teirney left the chamber at 7:15pm and rejoined the meeting at
7:16pm.
Stephen McJohn owner of
Pam Palmer on behalf of the
Meridith Southwood
Alan
Amanda Cottome representing the
Helen Jones
Terry Jones
|
280 |
RESOLVED on the motion of
Councillors Teirney and Smith that Standing Orders be resumed. |
|
|
The Mayor
declared the motion carried unanimously. |
|
SUBJECT: |
|
|
|
A motion was moved by
Councillors Longbottom and Smith that the application for demolition of the
existing building and construction of accommodation, restaurant, conference
room and entertainment areas at Deferred Commencement Condition: 1.
To ensure that there would be minimal impact to the traffic flows
along the 2.
Conditions: 1. (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. 2. 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. 3. 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. 4. The development shall comply with Disability
Discrimination Act, 1992 and Council Access and Mobility Development Control
Plan. 5. 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. 6. (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. 7. (38) All advertising
signs/ structures being the subject of a separate development application. 8. (1) The submission of a
Construction Certificate and its issue by Council or Private Certifier PRIOR
TO CONSTRUCTION WORK commencing. 9. (2) All building works
are required to be carried out in accordance with the provisions of the
Building Code of Australia. 10. (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. 11. (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. 12. (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. 13. 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. 14. (17) An Occupation Certificate being obtained
from the Principal Certifying Authority before the occupation of the
building. 15. (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"). 16. (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. 17. (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. 18. (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. 19. (40) No retailing of
goods to the public to be made from the subject premises. 20. (43) Access and parking spaces for disabled persons being provided in
accordance with Part D.3 of the Building Code of Australia. 21. (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. 22. (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. 23. (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. 24. (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. 25. (50) The cleaning out of
ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is
PROHIBITED. 26. 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. 27. 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; 28. (61) All timbers complying with Timber Framing
Code AS 1684-79. 29. (62) All glazing is to
comply with the requirements of AS 1288. 30. (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. 31. 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. 32. (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. 33. (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. 34. (72) The demolition works
being confined within the boundaries of the site. 35. (73) The site being cleared of all debris and left in a clean and tidy
condition at the completion of all works. 36. (74) All demolition works being completed within a period of three (3)
months from the date of commencement. 37. (77) All spillage deposited on the footpaths or roadways to be removed
at the completion of each days work. 38. (78) The site being properly fenced to prevent access of unauthorised
persons outside of working hours. 39. (79) Compliance with
Australian Standard 2601 - The Demolition of Structures. 40. (86) An approved type of
hoarding being erected along the street frontage. 41. (87) Pedestrians' portion
of footpath to be kept clear and trafficable at all times. 42. (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. 43. (103) Floor wastes connected to
an approved sanitary fitting are to be provided to all bathrooms, laundries
and w.c.’s. 44. (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 45. 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 The design and construction of food
premises must comply with the following requirements, as applicable:
a)
The
Building Code of 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. 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 46. 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. 47. 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 48. 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). 49. 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: 50. 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. 51. 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. 52. The design and construction of the proposed
driveway and gutter crossing off the 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. 53. 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. 54. 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 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 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. 55. The proposed development should be designed
such that the road traffic noise from the 56. All
vehicles must enter and exit the property in a forward direction. 57. A
‘Left Turn Only’ sign shall be provided at the exit point within the
property. 58. 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. 59. Vegetation and proposed landscaping along the
60. Suitable provision is to be made on site for
all construction vehicles. No construction works zones (s) would be approved
by RTA for the 61. All
works and regulatory signage associated with the proposed development will be
at no cost to the RTA. 62. Bicycle parking area
should be designed and provided. Tree Conditions
63. (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. 64. (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. 65. (306) All materials brought onto the site must be
weed free. 66. (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. 67. (315) The
proposed driveway crossing must be at least 2.5 m clear of the trunk of the
street trees. 68. (350) The trunks of the 69. (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 70. (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. 71. (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. 72. (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. 73. (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. 74. (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
75. 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. 76. 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. 77. 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. 78. 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. 79. 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. 80. 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. 81. 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. 82. 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”. 83. 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. 84. 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’. 85. 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. 86. 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 87. 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 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. 88. 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. 89. 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.
90. 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. 91. 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. 92. 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. 93. 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 94. 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. 95. 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. 96. 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. 97. 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. 98. 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. 99. 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. 100. 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 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 on-site stormwater detention
system. Lodgement of this bond is required prior to the issue of the
construction certificate. 102. 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. 103. 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
104. 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. 105. 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. 106. 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. 107. 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
108. 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. 109. 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. 110. 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.) 111. 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. 112. 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. 113. 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. 114. 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. 115. Landscaping A Landscaping plan be provided for the
satisfaction of Council’s Landscape Architect
prior to the issue of the Construction Certificate. |
|
|
|
|
|
Foreshadowed Motion A Foreshadowed Motion was
moved by Councillors Tudge and Freedman that pursuant to Section 80(1) (b) of
the Environmental Planning and Assessment Act, 1979, as amended, the Council
refuses development consent to Development Application D65/08 for Demolition
of the existing building and construction of a ten (10) storey, one hundred
(100) bed room motel with three (3) levels of basement parking, restaurant,
conference rooms, roof top SPA & entertainment area at 196 Pacific
Highway, Greenwich for the following reasons: - 1. The proposal does not comply with the
provisions of Council’s Draft Lane
Cove Local Environmental Plan 2007 with regards to maximum permissible height limit. The maximum height requirement is 15m (approx 5 storeys above ground). The proposal is for
a maximum height of 30m (approx 10
storeys above ground) which is much in excess of the maximum permissible
height limit. 2. The proposal does not
comply with the provisions of Council’s Draft Lane Cove Local Environmental Plan 2007 with regards to maximum permissible floor space ratio. The maximum permissible floor space
ratio is 0.8:1. The proposed floor space ratio is 4.29:1 which is much in
excess of the maximum permissible. 3. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to the objective. The
proposal should enhance the existing high
standard of residential development in the 2(c) Zone. The proposal does not enhance the existing standard of residential development.
The proposal would dominate the adjoining developments. 4. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to Minimum site area.
Minimum site area required for a motel development is 2000sq. m. The area of
the subject site is 696.18 m2
which is much less than the minimum requirement. 5. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to Building Design and
Scale. The proposal should be sympathetic to
the adjoining and surrounding buildings in terms of height, the materials
used, roof pitch, and overall building character. The adjoining building, ‘Urban’ motel is 5
storey and the adjoining residential flat building is 2-3 storey. The
proposed building is 10 storeys, which is much in excess of the adjoining
buildings. Therefore the proposal is not considered sympathetic to the
adjoining buildings. 6. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to Building Design and
Scale. The area of the site devoted to
driveways and vehicle turning areas should be minimised. A substantial portion of the front setback area
is devoted to driveway and vehicle turning areas. 7. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to Building Design and
Scale. Designs which include an excessive
paved area are not acceptable. The
entire site is paved because the basement extends across the entire site. 8. The proposal does not comply with
Council’s Residential Zones Development
Control Plan Part VI – Motels with regards to the height of the building. The height of motel developments are to match, or be less
than, the heights of adjoining or nearby residential flat development. The height of the proposed building would be
nearly double the height of the adjoining building. 9. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to Views and
Overshadowing. The proposal would impact adversely upon the city views of the
adjoining building towards the north. The proposal would significant impact
upon the adjoining buildings in terms of overshadowing. 1-15 10. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to building setbacks. Building setbacks from a public street are to match that
of neighbouring residential development. The adjoining RFB has a front setback of 9.0m. The proposed building
has a front setback of 7.325m measured from the edge of the balcony which is
less than that of the adjoining building. 11. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to side boundary
setbacks. Side boundary setbacks should not
be less than that of neighbouring or nearby flat development. The adjoining RFB has a side setback of 3.0m
and the ‘Urban’ hotel has a side setback of nearly 5.0m. The proposed
building has a side setback of 2.0m for external walls and only 1.5m measured
from the edge of the balcony towards the southern side which is less than
that of the adjoining building. 12. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to rear boundary
setback. Rear boundary setbacks should not
be less than that of neighbouring or nearby flat development. The adjoining RFB has a rear setback of nearly
8.0m and the ‘Urban’ hotel has a rear setback of nearly 13.0m. The proposed
building has a rear setback of 3.0m for external wall and only 1.2m measured
from the edge of the balcony which is less than that of the adjoining
building. 13. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to Landscaping. Fifty percent (50%) of the site should be landscaped. The basement extends across the full area of
the site. Therefore, there is no landscape area on the site. 14. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to off street car
parking requirement. The car spaces required are 107. This does not take into
consideration the spaces required for restaurant/ convention/ conference. The
car spaces provided are only 46 which are much less than the minimum
required. 15. The proposal does not
comply with Council’s Residential Zones
Development Control Plan Part VI – Motels with regards to off street car
parking requirement. The provision of car
parking spaces shall not be permitted within 10 metres of the road to which
the site has frontage. Two car
spaces have been provided within the front building line. 16. The following information
has not been submitted to Council for the assessment of the application. ·
An acoustic report
carried out in accordance with the NSW Industrial Noise Policy. ·
Detailed plans
showing the fitout of the kitchen and storage areas in relation to the Food Safety Standards.” 17. The proposed excavation
works for the basement floor R.L will impact on the structural integrity of
mature screen trees on neighbouring properties to the north and south of the
site. The proposed development will necessitate the removal of 22 of the
aforementioned trees and the possible retention of five (5) trees which is
not supported. 18. No provision has been made for delivery/service vehicles as detailed
in the RTA Guide to Traffic Generating
Developments other than by using the guest waiting spaces (C1 and C2).
Concerns are raised regarding vehicle access and the ability of
delivery/service vehicles to perform a 3-point turn internally to exist the
property in a forward direction. 19. The RTA raises concerns regarding the design of the ground floor
parking area as there is limited room for manoeuvring, particularly if
delivery/service vehicles and waiting cars are present simultaneously. The
proposed development would need to provide two waiting area parking spaces
plus a service vehicle space plus a vacant space to be used as a turn around
area. 20. A management plan, which would address how the vehicles entering the
site will be managed should the car lift become in-operable or the car
parking area is full has not been provided. The plan requires approval
by the RTA. 21. If provision of car parking spaces is made at an amount as per
Council’s parking code which requires 107 spaces, then RTA would raise
concerns with regards to the increased traffic generation and the impact on
the operational efficiency of the neighbouring traffic signals on the 22. The proposed driveway is
not in accordance with AS2890.1 – 2004 as the requirement is 6 metres. The
proposal provides a 5 metre wide two – way driveway. The driveway narrows to
4 metres on approach to the existing car park at the rear of the site. The
driveway can be narrowed up to 5.5 metres internally. In this aspect the
driveway does not comply. 23. The internal design of
the carpark and layout does comply in relation to the configuration and
position of some parking spaces. 24. Car Spaces No’s 19 &
20 are not acceptable in that location as they block other parking spaces. 25. There is no adequate
manoeuvring around car spaces No’s 18 and 15. 26. The car spaces between
the wall and the Car Lifts require an additional 600mm for door openings. 27. Bicycle
parking area has not been provided. |
|
282 |
The motion was put to the Meeting and declared
carried. For the Motion were Councillors D'Amico, Gaffney,
Hassarati, Longbottom and Smith (Total 5). Against the Motion were Councillors Freedman,
Lawson, Teirney and Tudge (Total 4). |
|
|
The Foreshadowed Motion Lapsed |
ADJOURNMENT:
The Council meeting was adjourned
at 8:44pm
The Mayor opened the
Planning & Building Committee and the Services & Resources Committee
Meetings at 8:45pm and adjourned them.
RESUMPTION:
The Council meeting resumed
at 8:50pm.
The Mayor informed Council of the unfortunate accidental death of a staff
member, John Korol, and acknowledged the commendable work John had performed
for Lane Cove.
|
CONFIRMATION OF
MINUTES OF ORDINARY COUNCIL
MEETING - 4 AUGUST 2008 |
|
|
285 |
RESOLVED on the motion of Councillors Smith and Gaffney that
the minutes of the Ordinary Council meeting held on the 4 August 2008 be
received. The Mayor declared the
motion carried unanimously. |
|
286 |
RESOLVED on the motion of Councillors Smith and Gaffney that the minutes of
the Ordinary Council meeting held on the 4 August 2008 be confirmed. The Mayor declared the motion carried unanimously. |
|
SUBJECT: Little Lane Carpark Redevelopment - Stage 1
Concepts |
|
|
|
A motion was moved by Councillors
Freedman and Tudge that Council:- 1. Thank
2. Defer
consideration of matter, and recommend to the incoming Council that they: a. 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 b. 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. |
|
|
Foreshadowed Motion A Foreshadowed
Motion was moved by Councillors Smith and Gaffney 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. The Foreshadowed Motion was withdrawn. |
|
287 |
The Mayor declared the
motion carried unanimously. |
Corporate Services
Division Reports
Environmental Services
Division Reports
Councillor Teirney
vacated the chamber at 9:15pm rejoined the meeting at 9:16pm.
|
SUBJECT: Draft LEP Amendment No.60 - |
|
|
|
A motion was moved by Councillors Hassarati and Smith 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. 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. |
|
|
Foreshadowed Motion A Foreshadowed
Motion was moved by Councillors Freedman and Tudge that the |
|
|
Councillor Teirney
vacated the chamber at 9:23pm and rejoined the meeting at 9:24pm |
|
290 |
The motion was put to the Meeting and declared
carried. For the Motion were Councillors D'Amico, Gaffney,
Hassarati, Longbottom and Smith (Total 5). Against the Motion were Councillors Freedman,
Lawson, Teirney and Tudge (Total 4). |
|
|
The Foreshadowed Motion lapsed. |
CLOSE
The meeting closed at 9:39pm.
Confirmed at the Ordinary Council Meeting of 1 September 2008, at which meeting the signature
herein is subscribed.
MAYOR
********* END OF
MINUTES *********