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Agenda

Ordinary Council Meeting

16 February 2009

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 16 February 2009 commencing at 7:00pm. 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 Meeting 16 February 2009

 

Mayoral Minute No. 1

 

 

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

public forum

 

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

 

CONFIRMATION OF MINUTES

 

1.      ORDINARY COUNCIL MEETING - 2 FEBRUARY 2009

 

Mayoral Minutes

 

2.       Mayoral Minute No. 1

SUBJECT: Assistance for Victims of the Victorian Bush Fires................ 4

 

Corporate Services Division Reports

 

3.       Corporate Services Division Report No. 4

SUBJECT: 2nd Quarter Review of the 2008 - 2011 Management Plan....... 5

 

4.       Corporate Services Division Report No. 6

SUBJECT: 2nd Quarter Review of 2008 - 2009 Budget ................................... 6

 

5.       Corporate Services Division Report No. 7

SUBJECT: Council and Committee Meeting Schedule - March 2009.......... 8

 

6.       Corporate Services Division Report No. 8

SUBJECT: Minutes of NSROC Annual General Meeting and Ordinary Meeting Held on 13 November 2008 at Hunters Hill Council..................................... 9

 

Open Space and Urban Services Division Reports

 

7.       Open Space and Urban Services Division Report No. 3

SUBJECT: Car Share Scheme - Reporting matter........................................ 10

 

Environmental Services Division Reports

 

8.       Environmental Services Division Report No. 528

SUBJECT: 548-550 Pacific Highway, St Leonards............................................ 13

 

9.       Environmental Services Division Report No. 35

SUBJECT: 47 Burns Bay Road, Lane Cove.......................................................... 21

 

QUESTIONS WITHOUT NOTICE

 

 


 

Reference:    Mayoral Minute No. 1

 

Subject:          Assistance for Victims of the Victorian Bush Fires    

Record No:    SU3484 - 3994/09

Author(s):       Councillor Ian Longbottom 

 

 

Executive Summary

 

We are painfully aware that the bushfires which have ravished the state of Victoria have left total devastation in their wake.    Discussions have been held to consider the best way for Lane Cove Council to give assistance after this disaster.   

 

 

Discussion

 

It is considered that the most efficient and practical way Lane Cove can assist is with a cash donation.   A number of very worthy appeals that have been set up such as Red Cross, Salvation Army, Rotary, St Vincents de Paul, etc. and I believe Lane Cove Council should direct residents to those appeals. The country is rallying and many major companies and banks have pledged support for the major appeals.  I have discussed the matter with the General Manager and whilst such an expenditure has not been currently budgeted for he suggests that Council could fund through its financial assistance program and a readjustment to the budget can be made at the next quarterly review.

 

 

 

 

 

RECOMMENDATION

 

I move that Lane Cove Council make a cash donation of $10,000.00 to an appeal for the victims of the Victorian Bush Fires.

 

 

 

 

 

Councillor Ian Longbottom

Mayor

Lane Cove Council

 

 

ATTACHMENTS:

There are no supporting documents for this report.

           


Ordinary Council Meeting 16 February 2009

 

Corporate Services Division Report No. 4

 

 

 

 

 

Reference:    Corporate Services Division Report No. 4

Subject:          2nd Quarter Review of the 2008 - 2011 Management Plan    

Record No:    SU238 - 2503/09

Author(s):       Crystal Cudilla   

 

 

Executive Summary

 

The Local Government Act 1993 (NSW) requires Council to report on quarterly progress of the activities and projects listed in the Management Plan.  It is recommended that the report be received and noted.

 

Discussion

 

This report discusses the highlights of the Second Quarter in 2008-2009 and provides a detailed analysis of the Second Quarter progress against the performance measurements adopted by Council in the 2008-2011 Management Plan, shown attached as AT 1.  A continuing feature of the review is, where applicable, a cumulative year-to-date figure is provided for performance measures. 

 

Some of the highlights for the quarter include:-

 

·     Sustainability Lane at the Lane Cove Rotary Fair (October 2008)

·     Namescapes of Lane Cove artwork officially installed at the Market Square hoardings (October 2008)

·     Federal government announcement of Regional and Local Community Infrastructure Program (RCLIP) allocating $188,000.00 (November 2008)

·     Recreation Action Plan and Playground Strategy adopted (December 2008)

·     A Department of Planning report highlighted Lane Cove as showing a significant improvement in mean gross determination times on the 2006/07 period (November 2008)

·     Lane Cove Village Structure Plan adopted (December 2008)

·     Little Lane Development Control Plan (DCP) adopted and development process to development application stage (December 2008)

·     “Journey of the Spirit” DVD and Workbook launch attended by the Mayor Lane Cove Residents for Reconciliation and Metropolitan Local Aboriginal Land Council (October 2008)

·     Synergy Band Night featured 7 young bands at Synergy Youth Centre (November 2008)

·     Kaleidoscope of Lane Cove celebrating cultural diversity held (October 2008)

 

 

RECOMMENDATION

 

That the Second Quarter Review of the 2008-2011 Management Plan be received and noted.

 

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

2nd Quarter Review of 2008 - 2011 Management Plan

 

 

 


Ordinary Council Meeting 16 February 2009

 

Corporate Services Division Report No. 6

 

 

 

 

 

Reference:    Corporate Services Division Report No. 6

Subject:          2nd Quarter Review of 2008 - 2009 Budget     

Record No:    SU757 - 3943/09

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

The Second Quarter Budget Review maintains a balanced budget, but involves a variety of variations in both income and expenditure. It is recommended that the Budget be varied in terms of the report.

 

Background

 

Council is required to prepare a Budget Review Statement each quarter, in accordance with Clause 7 of the Local Government (Financial Management) Regulation 1999. This report is prepared in accordance with the clause for the period ended 31 December 2008.  The purpose of these reviews is to ensure that the impact of financial variation is reflected in the forecast of Council’s global budgetary position to 30 June 2009, and the adopted Budget adjusted accordingly.

 

Discussion

 

The following is a summary of Council’s adopted Budget for 2008 - 2009 and proposed following the adjustments included in this report:

 

 

Original Budget

1st Quarter Adjustments

2nd Quarter Adjustments

Revised Budget

Expense from Ordinary Activity

$29,081,583

$594,109

$136,183

 $29,811,875

Revenue from Ordinary Activity

$29,155,683

$594,109

$62,083

  $29,811,875

Surplus/- Deficit

$74,100

0

$74,100

$0

Capital Grants & Contributions

$474,700

0

0

$474,700

Surplus/- Deficit

$474,700

0

0

$474,700

 

The review includes four grants for environmental projects totalling  $116,712 (a contra expenditure provision is also included), reimbursement of expenses from the purchaser of Nield Avenue $23,687, Proceeds from insurance claims (Tambourine Bay boatshed) $207,000, $50,000 to cover legal and consultants costs associated with the Aquatic Centre Repairs, a reduction in plant hire (internal) income from increased operation costs and maintenance of $100,000 and reduced income on investments from falling interest rates $188,116.

 

This review actually amounts to a deficit of $74,100, however, Council’s original adopted budget was actually $74,100 in surplus. This review therefore has the net effect of returning Council’s budget to a balanced result.

 

The following table outlines the proposed aggregate changes to program areas in the budget which contributes to the above, it combines changes to the Operating and Capital budgets.


 

Prog No.

Program

Variation

01.10

Administration - Corporate Services

($180,687)

5.6

Swimming Pools

 $  31,000

5.7.3

Bushland

($64,229)

08.50

Eng Works Support

$100,000

10.10

General Purpose Revenue

$188,016

 

Net Budget Variation - Deficit

$74,100

 

Statutory Report

 

In accordance with Clause 7(2) of the Local Government (Financial Management) Regulation 1999, I Craig Wrightson, Responsible Accounting Officer hereby certify that the Council’s financial position is satisfactory having regard to the original estimates of income and expenditure.

 

 

 

RECOMMENDATION

 

That the 2008 - 2009 Budget be varied in terms of this report.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

2nd Quarter 2008 / 2009 Budget Review Attachment - Details of Variations

1 Page

 

 

 


Ordinary Council Meeting 16 February 2009

 

Corporate Services Division Report No. 7

 

 

 

 

 

Reference:    Corporate Services Division Report No. 7

Subject:          Council and Committee Meeting Schedule - March 2009    

Record No:    su1915 - 3976/09

Author(s):       Rebecca Ford 

 

 

 

The Council and Committee Meeting Schedule for March 2009 is proposed as follows:-

 

March 2                       Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

March 7                       Inspection Committee

 

March 16                     Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

 

 

 

RECOMMENDATION

 

That the Council and Committee Meeting Schedule for March 2009 be adopted.  

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 16 February 2009

 

Corporate Services Division Report No. 8

 

 

 

 

 

Reference:    Corporate Services Division Report No. 8

Subject:          Minutes of NSROC Annual General Meeting and Ordinary Meeting Held on 13 November 2008 at Hunters Hill Council    

Record No:    SU902 - 4037/09

Author(s):       Ian Naylor 

 

 

Executive Summary

 

NSROC had its Annual General Meeting and Ordinary Board Meeting on 13 November 2008, copies of the minutes are shown attached as AT 1 and AT2.  It is recommended that these Minutes be received and noted.

 

Discussion

 

Ordinary Meeting of NSROC

 

The major agenda items were:-

 

1.   Presentation and discussion on Sydney Airport Masterplan.   NSROC resolved to make a submission on the plan and request the NSW Government to re-consider a second airport in Sydney which does not impact on regional and rural NSW.

 

2.   NSROC Migrant Services Auspice.  NSROC resolved to endorsed the proposed regional project and negotiate appropriate funding and develop a delivery model should funding be successful.

 

3.   Presentation on NSROC Regional SOE.  NSROC resolved to adopt the report for publication.

 

Annual General Meeting of NSROC

 

The Mayor, Councillor Longbottom was appointed Vice President of NSROC for 2008/2009.

 

Councillor Pat Reilly presented a President’s Report on NSROC for 2007/08.  Councillor Reilly stated that some of the key areas for NSROC into the future are;  integrated transport, economic development, regional waste collection and employee retention and attraction strategies.

 

 

RECOMMENDATION

 

That the NSROC Annual General Meeting and Ordinary Meeting Minutes of 13 November be received and noted.

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

ATTACHMENTS:

AT‑1 View

NSROC Annual Board Meeting Minutes 13 November 2008

5 Pages

 

AT‑2 View

NSROC Ordinary Board Meeting Minutes 13 November 2008

5 Pages

 

 

 


Ordinary Council Meeting 16 February 2009

 

Open Space and Urban Services Division Report No. 3

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 3

Subject:          Car Share Scheme - Reporting matter    

Record No:    SU3197 - 3970/09

Author(s):       Nick Karahlis 

 

 

 

Executive Summary

 

In 2008 Lane Cove Council resolved to support a Car Share Scheme.  The purpose of this report is to provide a status report on Council’s endorsement of a Car Share Scheme for Lane Cove Area.

 

Car sharing is a mobility service system, which is set up in a way that a group collectively owns one or more vehicles, which are available to members on a shared basis, based on demand, on a pay-as-you-go basis.

 

Lane Cove Council considered a Car Sharing Scheme for the area and resolved in June 2008 to undertake consultation to determine the level of support for such a scheme. The Council would support such a scheme with the provision of two car spaces on the east side of Longueville Road, south of Austin Street and invite Car Share groups to participate in the scheme and provide preference to a Car Share groups with low impact vehicles.

 

The consultation with the Public was positive and initially the most popular Car Share company in Sydney ‘GO –GET’ showed high interest to set up their Car Share facility in Lane Cove Area.  Council discussions with the above Car Share provider, identified that due to the negative economic climate they are now reluctant to expand their scheme to Lane Cove. Other Companies have also been approached and have not provided in writing a commitment for such a scheme in Lane Cove.

 

Background

 

Council on 17 December 2007 considered the Car Share scheme for the Lane Cove area and resolved to undertake consultation with the public to determine the level of support for such a scheme.

 

Following consultation which showed support for the Car Share Scheme in Lane Cove at it’s Meeting on 16/06/2008 resolved that Council:

 

 

1.         Approves the introduction of a Car Share scheme in Lane Cove area with a provision of a two (2) parking spaces in Longueville Road (east side) south of Austin Street where there is unrestricted parking. The details of the location and signposting of the proposed two (2) parking spaces to be considered by the Traffic Committee Meeting.

 

2.         Provide the signposting of the two car share bays at the estimated cost of $350

 

3.         Invite Car Share groups to participate in the scheme and provide preference to a Car Share groups with low impact vehicles (Green vehicle guide rating more than 2.5 stars) and low fuel consumption, such as hybrid vehicles and Smart Cars

 

4.         Support the extension and promotion of this environmentally and socially beneficial scheme through its publications and website and through appropriate promotions and partnerships as opportunities arise

 

5.         Investigate becoming a member of the scheme to provide access to additional vehicles to the existing car fleet without significant cost.

 

6.         Considers future operation and expansion of car sharing scheme.

 

7.         receive a report on the operation of the scheme after it has been operating for 6 months.

 

8.         Council undertake consultation as outlined in this report to determine if there is support for the introduction of a Car Share Scheme in the Lane Cove Area with provision of two (2) parking spaces in the Town Centre

 

9.         A further report be submitted at the end of the consultation period.

 

 

Discussion

 

Written submissions from interested members of the community were accepted for a period of 6 weeks from 19 March 2008. The closing date of the submissions was Friday 25 April 2008.

 

The majority of respondents strongly supported a Car Share Scheme in Lane Cove area.

Lane Cove Alive also wrote to Council supporting the proposed Car Share Scheme.

 

Council’s above resolution in June 2008 was followed by discussions with the most popular Car Share provide in Sydney ‘GO GET” who initially showed high interest to set up their Car Share facility in Lane Cove Area.  Following more detail discussions Council Officers were expecting details of existing Car Share use in areas close to Lane Cove. These details were to be provided by the ‘GO GET’ Company. As the providers were not providing the above information Council’s Officer requested the Company’s intentions in writing. The Company’s director referred the following correspondence to Council which shows the Company’s reasons for not been able to provide a Car Share service at this stage.

 

Mr Bruce Jeffrey’s, Director of Go Get advised of the following:

 

“As I mentioned we've reviewed our plans for expansion over the next 6 months and due to the current economic climate will be holding off expanding to new areas. The only basis upon which we will expand is if the new location is underwritten or sponsored by government or an organisation. I mentioned such an arrangement is currently being put in place with Optus on their new campus on Epping Road. Optus is paying for the vehicle to be based there as an amenity for their staff and other businesses and residents in the local area.

 

We'll endeavour to keep you updated on our future expansion and thank you for the work to date on implementing a car sharing solution in the Lane Cove LGA”

 

The above correspondence shows clearly that unless an organisation underwrites or sponsors a Car Share location in the form of paying for a vehicle that company will not be able to provide at this stage to expand its Car Share activities at Lane Cove. If Lane Cove Council decided to provide the car for the Car Share Scheme with an environmentally friendly vehicle, similar to what the Car Share Companies use, it will cost approximately $35,000 which is the cost of a Toyota Prius.

 

Council’s Traffic Manager also approached another major Car Share Company - ‘Flexi Car’ who have expanded in other Australian Cities, such as Melbourne and have some Car Share locations in Sydney. Although the ‘Flexi Car’ company has shown great interest in providing a parking space in Lane Cove, they have not committed in writing. For the above reasons, the proposed Lane Cove Car Share Scheme cannot proceed at this stage.

 

As economic conditions improve, Council will seek Car Share Companies commitment for a Car Share facility in Lane Cove.

 

In the interim, Council’s Traffic Section will continue to pursue sustainable transport arrangements for Lane Cove Area. 

 

Conclusion

 

The main Car Share Companies operating in Sydney were approached to participate in a Car Share Scheme for Lane Cove. At this stage Car Share companies are reluctant to expand due to the current economic environment for the fact that they will need to provide a new car for every additional car share space. Council’s Traffic Section will continue to pursue sustainable transport arrangements in Lane Cove area.

 

 

RECOMMENDATION

 

That the information related to the status of the proposed Car Share Scheme be received and noted.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 16 February 2009

 

Environmental Services Division Report No. 528

 

 

 

 

 

Reference:    Environmental Services Division Report No. 528

Subject:          548-550 Pacific Highway, St Leonards    

Record No:    DA08/301-01 - 43607/08

Author(s):       Rajiv Shankar 

 

 

Property:                     548-550 Pacific Highway, St Leonards.

 

DA No:                         D301/08

 

Date Lodged:              17 October 2008

 

Cost of Work:              Nil

 

Owner             :                       Ritidian Investments

 

Author:                         Rajiv Shankar

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Change of use from massage therapy to a Brothel.

ZONE

Business General 3(b)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes - Clause 17AA of the LEP.

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 5

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours:                 540, 542, 544, 546, 552, 560, 562, 564, Pacific Highway, 1-4, 7-8, 10-11, 21-22, 25, 27, 29, 51, 53, 54, 56, 57/89-99, 134 Nicholson St, 86-90 Christie St, 79 Lithgow St.

Ward Councillors:      Clr D Brookes-Horn, Clr P Palmer, Clr R Tudge.

Progress Association:            Wollstonecraft Progress Association. Other Interest Groups North Sydney Council, Willoughby City Council.

 

REASON FOR REFERRAL:

 

The application is referred to Council because of concerns raised by the community and on-going legal proceedings.

 

 

 

 

EXECUTIVE SUMMARY:

 

·     On 17 October 2008 the applicant lodged a development application for change of use of the first floor premises from a massage therapy and relaxation centre to a Brothel.

 

·     Three submissions have been received. The issues raised are primarily with regard to impact upon the amenity of the residential development and sensitive land uses in the vicinity including non compliances with the DCP requirements.

 

·     The application is recommended for refusal.

 

BACKGROUND:

 

·     Council approved a development application for a change of use of the first floor premises to a massage therapy and relaxation centre on 14 July 2006. A condition of consent was that the premise was not to be used as a brothel or for persons engaged in the sex industry.

 

·     Council received a complaint that the premises were being used as a brothel.

 

·     Council took action accordingly and issued a Brothel Closure Notice to the applicant.

 

·     The applicant appealed the Notice in the Land and environment Court, however on 18 December 2008 the proceedings resulted in the applicant withdrawing and accepting the closure notice.

 

·     On 17 October 2008 the applicant lodged a development application for a change of use to use the premises as a brothel.

 

SITE:

 

The site is located on the southern side of the Pacific Highway between Lithgow Street to the west and Christie Street to the east.

 

The premises are located on the first floor of a commercial building which fronts Pacific Highway. The ground floor is a commercial premise which is presently vacant.

 

The adjoining building towards the east has a commercial establishment “seven eleven” on the ground floor fronting Pacific Highway and Christie Street. The building also has four residential dwellings on the ground floor and first floor, pedestrian access for which is from Christie Street. The adjoining building towards the west is a commercial premise, the ground floor of which is also presently vacant. 

 

Pedestrian access to the subject property is available from Pacific Highway via an entrance door to an access corridor with a set of steps leading to the first floor.

 

Vehicular access is available from the rear via Christie Lane where space for parking of two cars is available.

 

The locality contains a mix of commercial and retail premises, some of which also include residential accommodation.  Site Location Plan and Neighbour Notification Plan attached (AT1 and AT2).

 

 

 

 

PROPOSAL:

 

The proposal is to change the use of the first floor from a massage therapy and relaxation centre to a Brothel.

 

The details of the use are as follows:

 

·     There would be a total of 7 sex workers with a maximum of 3 sex workers providing their services at any one time.

·     There would be one receptionist at any one time.

·     The hours of operation would be 10.00AM to 11.00PM, 7 days a week.

 

RECENT PREVIOUS APPROVALS/HISTORY:

 

DA148/06 – Change of use to massage therapy and relaxation centre.

 

REFERRALS:

 

Manager Assets

 

No objections expressed.

 

Building Surveyor

 

Building Surveyor has stated that disabled access is not available.

 

Community Services

 

The Community Services Manager has stated the following:

 

At the Lane Cove Access Committee Meeting held on 8 September 2008 the following statement of principle regarding brothels was made:

 

“The Access Committee believes that brothels and the facilities within the premises (showers and toilets) should be accessible and this information be conveyed to the DA staff”.

 

The proposal does not provide for disability accessible parking. The facilities within the premises, including showers and men’s toilet in particular, do not appear to comply with the disability standards. As the access is by way of stairs, the proposal does not provide disabled access.

 

The proposal does not comply with the Disability Discrimination Act 1992 and Council’s Access and Mobility Control Plan.

 

Traffic Manager

 

The Traffic Manager has stated the following:

 

The proposal is for a maximum of 3 sex workers providing their service at any point of time. This would generate a car parking requirement of 6 spaces.

 

The proposal has a maximum capacity for 7 sex workers providing their service at any point of time. This would increase the parking requirement to 14 spaces. There are only 2 car spaces available. Therefore, it is considered that the car parking spaces are inadequate for the proposed development.

 

The expected traffic generated by the proposed development is not expected to create a significant impact on the level of service of the surrounding road network.

 

See further comments in relation to parking under the DCP Compliance comments.

 

Police

 

A Crime Prevention Office has stated the following:

 

“There is no evidence to suggest that the presence of the current business, be it a brothel or not, has directly resulted in any increase in crime in the immediate area.

 

While it is clearly not possible to say with any degree of certainty, what goes on within the brothel with respect to drug use, there has been no evidence of an increase in street level drug use or dealing in the outdoor vicinity of these premises.

 

Accordingly, I can see nothing in the application that would give rise to an objection in this DA on grounds of Safer by Design criteria.”

 

79 (C) (1) (a) the provisions of any Environmental Planning Instrument

 

Lane Cove Local Environmental Plan 1987

 

The subject site is zoned Business General 3 (b) under the provisions of Lane Cove Local Environmental Plan 1987. 

 

Clause 17AA(a), LEP amendment 42, states that a person may, with consent of council, carry out development for the purpose of a brothel on land within Zone 3(b), but only if all access for the brothel is to and from the Pacific Highway.

 

Pedestrian access to the subject premise is available from Pacific Highway via an entrance door to an access corridor with a set of steps leading up to the first floor. However, vehicular access is not available from Pacific Highway but from Christie Lane at the rear. Therefore the proposed vehicular access is not in accordance with the provisions of Lane Cove Local Environmental Plan 1987.

 

Draft Lane Cove Local Environmental Plan 2008

 

The subject site is zoned B3 Commercial Core under the provisions of Draft Lane Cove Local Environmental Plan 2008. 

 

Clause 6.8 (a) states that development consent may be granted to the carrying out of development for the purpose of sex services premises, in 3B Commercial Core Zone, only if the consent authority is satisfied that access to and from the premises is only from and to the Pacific Highway.

 

As stated above, pedestrian access to the subject premise is available from Pacific Highway. However, vehicular access is not available from Pacific Highway but from the Christie Lane. Therefore the proposed vehicular access is not in accordance with the provisions of Draft Lane Cove Local Environmental Plan 2008.

 

Brothels Development Control Plan adopted 1 March 1999

 

Clause (2) states that the objectives of the plan are to:

 

“(i)         ensure that all sex industry premises are appropriately regulated under the Environmental Planning & Assessment Act, 1979;

(ii)         minimise any physical amenity impacts of sex industry premises upon adjoining land uses, particularly residential areas and other nearby sensitive land uses;

 

(iii)       avoid any detrimental change to the social character, identity, or perceived image of neighbourhoods within Lane Cove: and

 

(iv)       discourage the clustering of sex industry premises.”

 

The proposed brothel development is in a mixed-use zone. The adjoining building towards the east is a residential flat building containing four dwellings. Developments on the other side of Pacific Highway, which come under North Sydney Council, are also zoned mixed use.

 

The proposed brothel development is likely to have unacceptable impacts on the amenity of residential land use. Therefore it is considered that the proposed development would not meet the objective of the DCP.

 

General Requirements

 

Clause 4 of the DCP states that:

 

The application should conform with the:

·     Lane Cove Development Control Plan – Business Zones.

·     Building Code of Australia 1993

·     Disability Discrimination Act 1992

·     Australian Standards.

 

The proposal does not comply with Disability Discrimination Act 1992 which is also required by Clause 5 (Internal Design) (iv) of the DCP.

 

Clause 5 (Internal Design) (iv)

 

Clause 5 (iv) states that:

 

“Access for people with a disability should be provided in accordance with all relevant legislation….”

 

There is no disabled access proposed for the first floor. Therefore the proposal does not meet the requirements of Clause 5 (iv) of the DCP.

 

Clause 6 ( Surveillance) and Clause 9 (Entrance)

 

It has already been stated that under the LEP all access to a brothel must be to and from Pacific Highway. Clause 9 states that any breach of this requirement “may be prosected by Council”.

 

Clause 6 of the DCP states:

 

“Casual surveillance of exits and entries is essential to ensure the safety of all workers and visitors to such premises. Accordingly, entrances and exists of sex industry premises should be designed to facilitate the privacy of workers and clients, without compromising personal safety (such as isolated back lanes and poorly lit areas). ……”

 

The vehicular access to the subject property is from the Christie Lane towards the rear. It is considered that using the rear lane for vehicular access would compromise the personal safety of workers and clients. Therefore, it is considered that the proposal does not meet the requirements of Clause 6 and Clause 9 of the DCP.

Clause 11 (Parking):

 

Clause 11 of the DCP states:

 

“Car spaces shall be provided on-site at the rate of two car spaces per one sex worker”.

 

The proposal provides for a maximum of 3 sex workers providing their service at any point of time. This would generate a car parking requirement of 6 spaces. The proposal however has a potential maximum capacity of 7 sex workers providing their service at any time. This would increase the parking requirement to 14 spaces.

 

There are only 2 on-site car spaces are available. Therefore, it is considered that the car parking spaces are inadequate for the proposed development and does not meet the requirements of Clause 11 of the DCP.

 

The previous application was approved in respect to parking as there was no specified parking requirement for the massage and relaxation centre and it was considered as a change of use of commercial area to commercial area. A parking requirement for Brothels is specified and should therefore be complied with.

 

Clause 12 (i) (Size and Location):

 

Clause 11 of the DCP states:

 

“the size of a brothel shall not be greater than 160 sqm gross floor area.”

 

The size of the proposed brothel is 196.2m2 which exceeds the maximum permissible. Therefore, it is considered that the proposal is excessive in size and does not meet the requirements of Clause 12 (i) of the DCP.

 

79C (1) (b)       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

 

The application is for change of use only and does not include any building works. Therefore the proposal would not have any significant impact upon the built environment.

 

The proposed development is in a mixed zone where in the vicinity there exist other uses including residential use. The proposal is close to St Leonards Station which is major transport node. It is considered that the proposed development would have an adverse impact on the social fabric and character of the area.

 

Section 79C (1) (c) - The suitability of the site for the development

 

Although the site is located in that part of the Business General 3(b) Zone that permits “brothels” the subject site is unsuitable for the reasons stated under Section 79C(1)(a).  

 

Section 79C (1) (d) - Any submissions made in accordance with this Act or Regulations.

 

The proposal was advertised in accordance with Council’s policy of Community Consultation. Three submissions were received. The issues raised in the submissions have been addressed as follows:

 

 

 

 


Submission from 546 Pacific Highway (Vallis Corner Pty Ltd)

 

A large number of school students passing in front of a brothel, to and from St Leonards Station, which is in close proximity, is considered inappropriate.

 

Comment

 

 It is agreed that a large number of school students pass in front of a brothel, to and from St Leonards Station, which is in close proximity.

 

Location of a brothel in close proximity to residential apartments particularly the four located on the adjoining property.

 

Comment

 

It is agreed that it is not appropriate to locate a brothel adjoining residential apartments.

 

Behaviour of patrons cause further disturbances and is an invitation for trouble. There have been Murders and armed robberies in the vicinity.

 

Comment

 

As mentioned above, the Crime Prevention Officer has stated that there is no evidence that the presence of the current business, be it a brothel or not, has directly resulted in any increase in crime in the immediate area.

 

Similar application was refused by Council for 554 to 556 Pacific Highway.

 

Comment

 

Every application is assessed on merit.

 

Submission from North Sydney Council

 

Properties on the opposite side of the Highway are zoned mixed-use and there are some recent developments which contain apartments on the upper floor.

 

It is Council’s view that the presence of brothel development in a mixed use zone is likely to pose unacceptable impacts on residential amenity and sensitive land uses (e.g. schools, childcare centres and churches).

 

Comment

 

 It is agreed that the presence of brothel development in a mixed use zone is likely to pose unacceptable impacts on residential amenity and sensitive land uses.

 

Submission from Stuva Pty Ltd

 

Inadequate car parking.

 

Comment

 

 It is agreed that the car parking is inadequate.

 

Size of the development is greater than the maximum permissible.

 

Comment

 

It is agreed that the proposed development is greater than the maximum permissible.

 

Section 79C (1) (e) - The public interest.

 

The proposed development raises various issues in relation to the LEP and the DCP. Having regard to all the issues and the concerns raised, the proposed brothel development is not considered to be in the public interest.

 

CONCLUSION

 

The application has been assessed having regard to the relevant Planning Instruments and Council controls, as well as public good and suitability of the site. The matters under Section 79C of the EP&A Act have been considered and the proposal is considered to be unsatisfactory.

 

RECOMMENDATION

 

That pursuant to Section 80(1) (b) of the Environmental Planning and Assessment Act, 1979, as amended, Council refuses development consent to Development Application D301/08 for Change of use from massage therapy to a Brothel at 548-550 Pacific Highway, St Leonards for the following reasons:

 

1.         The number of car parking spaces provided is inadequate for the proposed development and does not meet the requirements of Clause 11 of the DCP.

 

2.         The proposed vehicular access, not being directly from Pacific Highway, is not in accordance with the provisions of Lane Cove Local Environmental Plan 1987 and Draft Lane Cove Local Environmental Plan 2008.

 

3.         The proposed vehicular access to the subject property being from Christie Lane towards the rear would compromise the personal safety of workers and client. The proposal does not meet the requirements of Clause 6 and Clause 9 of the DCP.

 

4.         The size of the proposed brothel development exceeds the maximum permissible. The proposal does not meet the requirements of Clause 12 (i) of the DCP.

 

5.         School students passing in front of a brothel, to and from St Leonards Station, which is in close proximity, is considered inappropriate.

 

6.         The proposed brothel development would be located in close proximity to dwellings             particularly the four residential dwellings located on the adjoining property, resulting in a             loss of amenity to those properties.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan

1 Page

 

 

 


Ordinary Council Meeting 16 February 2009

 

Environmental Services Division Report No. 35

 

 

 

 

 

Reference:    Environmental Services Division Report No. 35

Subject:          47 Burns Bay Road, Lane Cove    

Record No:    DA08/315 - 3696/09

Author(s):       Peter Thomas 

 

 

Property:                     47 Burns Bay Road, Lane Cove

 

DA No:                         DA315/08

 

Date Lodged:              27 October 2008

 

Cost of Work:              $80,000

 

Owner             :                       Lane Cove Council

 

Author:                         Eugene Sarich – Urbanesque Planning Pty Ltd

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Proposed change of use of Police Station to a Childcare Centre for 18 children and 2 primary contact staff and associated alterations and additions.

ZONE

Residential 2(c)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class  9b – Assembly building

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                   31-63 and 44-70A Burns Bay Road,                 8-18 Finlayson Street, Lane Cove

Ward Councillors          All Councillors

Other Interest Groups   RASAD

 

REASON FOR REFERRAL:

 

This application has been referred to Council as it involves a Council project and the cost of development exceeds officer delegation.

 

 


EXECUTIVE SUMMARY

 

·     The application proposes the conversion of the former Lane Cove Police Station primarily for use as a childcare centre for 18 children. It is also proposed that the building may be used as a neighbourhood meeting centre and managed by The Meeting House Inc.  Various alterations and additions are required to enable the proposed uses.  The childcare centre would operate Monday to Friday from 8am to 4pm during school terms.  The community meeting room would be generally used between 9am and 5pm Monday to Friday with occasional evening meetings that would end by 10pm. 

 

·     The proposal attracted 2 submissions, issues raised include parking, access and a possible increased in noise.  These are discussed in the following report.

 

·     The application complies with the Child Care Centre DCP, with the exception of parking which is dealt with by the allocation of 2 on street parking spaces for the drop off and pick up of children.  This has been approved by Traffic Committee in 2008.

 

·     The site is affected by a covenant which restricts the use to a single dwelling house.  This covenant was not previously complied with by the Police Station.  Whilst this is not a planning issue that would preclude the granting of consent, rather a land title issue, it remains that the land owner would need to have the covenant removed.

 

·     The application is recommended for approval subject to conditions.

 

SITE

 

The land is described at Lot 51 DP 10155 and is known as 47 Burns Bay Road Lane Cove.  The site is rectangular in shape with a frontage of 15.24m to Burns Bay Road and a depth of 48.77m.  The site area is 743.25m2. 

The site is located on the northern side of Burns Bay Road immediately adjacent to the Lane Cove Village business zone to the east and to the south.  The adjacent properties to the north (Finlayson Street) and to the west are zoned residential and comprise dwelling houses and a residential flat building respectively.

 

There is a fall to the street from the rear which enables stormwater to discharge into the street gutter by gravity.  The site supports several trees and shrubs, the most significant of which is a mature eucalypt located in the front yard.  This tree would be retained in the new development together with other screen vegetation where appropriate along the northern and western boundaries.  Other vegetation which does not contribute to landscape value, amenity of the site and is not suitable for a child care centre is proposed to be removed in the development proposal.

 

The neighbouring building to the east is a two storey retail/commercial building which has been erected up to the site boundary.  The western wall of the building visually dominates the rear yard area of the subject site.

 

The subject site is served by a driveway located on the eastern side which gives access to parking in the rear yard.  The driveway is to be retained and used to access staff parking at the rear as described in the proposal.

 


The building on the site was originally erected as a single storey cavity brick and tile dwelling house however it has been used as the Lane Cove Police until recently.  The Police Station ceased operations in 2007 and the site was subsequently purchased by Lane Cove Council in 2008.  A number of existing features associated with the former use such as the demountable building and the metal storage sheds at the rear are to be retained and utilised in the proposed use.   Site Location Plan and Neighbour Notification Plan attached (AT1) and (AT2).

 

PROPOSAL

 

The application proposes the conversion of the former Police Station building and grounds for use as a childcare centre capable of accommodating 18 children between the ages of 4 and 5 years.  The proposal includes the employment of 2 primary contact staff and a part time administration officer. 

 

The premises would be used to accommodate an existing licensed preschool operating at 25-27 Stokes Street Lane Cove while those premises are being redeveloped. 

 

The meeting room is also capable of community use.  In this regard, it is anticipated that The Meeting House Inc, also currently operating at 25-27 Stokes Street, would use the front of the premises for community meetings and administration.

 

The childcare centre would operate Monday to Friday from 8am to 4pm during school terms.  The community meeting room would be generally used between 9am and 5pm Monday to Friday with occasional evening meetings that would end by 10pm. 

 

Building works are required to enable the proposed conversion as detailed above .  The works would comprise of:-

 

·     New concrete path, steps and disabled access ramp at the front of the building compliant with AS 1428.1,

·     New internal partitioning to form a new kitchen, staff room, staff WC and playroom,

·     Conversion of the demountable building into a children’s washroom and play area,

·     New timber decking and ramps at the rear connecting the building with the outdoor play area.

·     New shade/acoustic shelter over the abovementioned access deck/ramps,

·     New sandpit with shade structure over to be located in the north eastern corner of the yard,

·     Proposed acoustic treatment to the dividing fences to the extent indicated on the plans,

·     Four staff parking spaces at the rear, one of which is  disability accessible,

·     New identification sign in the front garden,

·     Landscaping as required.

 

The application contains sufficient information for assessment as required by Council and is also supported by an acoustic report prepared by Acoustic Logic Consultancy dated 26 September 2008.  This report contains recommendations designed to minimise noise impacts to the adjacent residential properties.

PREVIOUS APPROVALS/HISTORY 

 

The premises have been used as a Police Station for approximately 30 years.  There are no building approvals or consents that are relevant to the current application.

 

The site is subject to a covenant which restricts the use to a dwelling house.  The building has been used for many years as a police station in contravention of the covenant.  The covenant does not preclude Council from determining the application, and if approved, removal of the covenant would be a condition of the consent.

 

REFERRALS

Manager Urban Design and Assets

 

The Manager Urban Design & Assets initially raised a concern regarding the parking layout meeting the requirements of AS 2890.1.  Further information in the form of swept vehicle path diagrams have now been submitted indicating compliance with AS 2890.1.  There are no objections to the approval of the application subject to standard draft conditions.

Environmental Health Officer

 

The application was referred to Council’s Environmental Health Officer who raised no objection to the granting of consent to the application by memo dated 11 November 2008.  Two conditions of consent have been recommended in relation to the management of potential intrusive or offensive noise.  These conditions accord with the report of the acoustic consultant.

Tree Assessment Officer

 

The application was referred to Council’s Tree Assessment Officer as there is a potential impact on the Eucalyptus Nicolii located at the front of the property.  The Eucalyptus nicholii is worthy of retention as it has aesthetic value while there is no objection to the removal of other smaller trees and shrubs at the rear of the site.

 

To protect the root system of the Eucalyptus nicholii, it is recommended that pier and beam footing to engineer’s details be used for the construction of the new access ramp.  Several conditions of draft consent are recommended addressing the tree protection issues.

 

Executive Manager Human Services

 

The Executive Manager Human Services raises no objection to the approval of the application and recommends the imposition of a condition of consent that the pre school be required to meet all requirements of the Children’s Services Regulation 2004.

Other (Heritage, Traffic, Waterways, Rural Fire Service)

 

Lane Cove Traffic Committee

 

The issue of designated, time limited parking along the frontage of the premises was considered by the Traffic Committee on 21 October 2008 when it resolved as follows:-

 

That two (2) “15 Minutes Parking 8.30am to 9.30am; 2.30pm to 3.15pm Monday to Friday” be introduced outside 47 Burns Bay Road.

 

The drop off zone had been requested to allow for the safe delivery and collection of children from the pre school.  The parking provided on site would be restricted to staff and not for parents or as a drop off zone.

 


Roads and Traffic Authority (RTA)

 

The application was referred to the RTA who provided comments for Council’s consideration in the assessment of the application.  In summary, the parking area and associated matters such as sight lines, gradients, turning paths and dimensions are to comply with AS 2890.1-2004.  In this regard, the application has already been assessed by Council’s traffic engineer who is now satisfied as to compliance with matters pertaining to AS 2890.1.

 

The RTA supports the Traffic Committee’s resolution to install designated timed parking along the frontage of the site.  It is further recommended that –

 

·     The entry to the carpark be signposted with signs indicating “Staff only parking” and Disabled access only” to deter other vehicles from entering the site.

·     All vehicles are to enter and exit the site in a forward direction.

·     All vehicles are to be wholly contained on site before being required to stop.

·     The proposed turning areas within the carpark are to be kept clear of any obstacles, including parked cars at all times.

·     The required sight lines to pedestrians or other vehicles in or around the entrance and car park are not to be compromised by landscaping or signage.

 

These matters may be readily addressed by appropriate conditions of development consent.

 

The letter also notes that Council should ensure that post development stormwater discharge from the site into the RTA drainage system does not exceed the pre-development discharge.  As the development does not increase the impervious are of the site, this recommendation would be satisfied.

Lane Cove LOCAL Environmental Plan 1987 (Section 79c(1)(a))

 

The subject site is zoned Residential 2(c) under the Lane Cove Local Environmental Plan 1987.  Both child care centres and community facilities are permissible uses within the zone.

 

A child care centre is defined as:

“child care centre means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:

(a)  the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Reform Act 1990, and

(b)  the building or place does not provide residential care for any of the children (other than those related to the owner or operator).”

 

The proposed use, as described in the application conforms with the definition and is therefore a permissible use.  (Note – the LEP adopts the EP&A Act Model Provisions in this respect).

 

Community facility is defined in the LEP as:-

“community facility means a building or place owned or controlled by the council and used to provide:

(a)      facilities comprising or relating to any one or more of the following:

(i)                a public welfare referral service,

(ii)                counselling services,

(iii)              public health services, including baby health centres,

(iv)              a public library or branch of a public library,

(v)               child minding facilities,

(vi)              spaces available for public exhibitions,

(vii)                          public car parking, or

(b)               any other like facilities.”

 

It is considered that the proposed use of meeting rooms falls within Part (b) of the definition and is therefore permissible.

 

The proposed uses are not inconsistent with the zone objectives which are focused on residential development.  There are no other provisions of the Lane Cove LEP directly relevant to the proposal.

Other Planning Instruments

 

The draft Lane Cove LEP was referred to the Minister for Section 69 Certification in August 2008.  Under the draft instrument, the zoning of the land is anticipated to be zoned Residential R4.  Child care centres and community facilities remain permissible uses in the draft LEP.

Variations to Council’s Codes/Polices (seCTIONS 79c(1)(a), (1)(b), and (1)(c))

 

The preceding policy assessment table identifies controls under the Dwelling House DCP and is not applicable to the current proposal.

 

Relevant to the proposal is the Council’s Child Care Centres Development Control Plan which was adopted in June 2005.  The matters under the DCP which require consideration are listed below:-

 

Department of Community Services (DOCS) License

 

Before a child care centre can be operated (irrespective of development consent) a license from DOCS must be obtained.  It is understood that the operator of the facility would be The Meeting House Inc which currently operates the childcare centre at Stokes Street.  A new license would need to be obtained for the new premises and an appropriate condition of consent has been included in the draft conditions.

 

Indoor Play Area

 

The centre proposes 2 indoor play areas with a total area of 72m2.  The DCP requires a minimum of 3.25m2 of unencumbered indoor play space per child.  The area provided exceeds the DCP requirement of 58.5m2 and is considered satisfactory. 

 

Other Indoor Space

 

·    A child care centre should provide 5m2 for each employee for office space, adult toilet etc.  It is proposed to staff the child care centre with 2 full time staff which would require a space allocation of 10m2. The staff areas comprising the staff/interview, Staff WC, office space and kitchen total 35.7m2 and exceed the DCP requirement. 

·    Provision of administration room and room for private consultation between staff and parents.  The proposal makes provision for both a staff/interview room and two administration offices and complies with this requirement.

 

Outdoor Play Area

 

·    A child care centre must provide at least 7m2 of unencumbered outdoor space for each child.  For 18 children, a total of 126m2 is required.  The proposal provides for 130m2 with access from the indoor play areas by a suitable access ramp with a complying gradient.  The outdoor space is largely unencumbered.

·    The outdoor play space must be adequately shaded.  The application provides for shade structures over approximately half the play area including the sand pit.  This is compliant with this requirement.

 

Carparking/Traffic

 

The DCP requires that there be provided a minimum ratio of parking spaces to children of 1:4. This includes parking for both staff and parents.  As the number of children is 18, a provision of 5 car spaces on-site is required (i.e. 18/4 = 4.5 rounded to 5).

 

The proposal provides 4 spaces on-site which is 1 less than the number suggested by the DCP.  However, 2 designated on street parking spaces have been provided and approved by the Traffic Committee for the drop off of children and the centre is close to public transport and public parking within the Lane Cove village.

 

The applicant argues in the Statement of Environmental Effects as follows:-

 

“While this is one space less than the number suggested in the Lane Cove Child Care DCP, additional spaces for parent drop off would be provided as on-street time limited parking.  Burns Bay Rd is a busy commercial street and the additional traffic associated with the small pre-school and community building should not result in traffic related environmental implications.”

 

The DCP provides that “Council may consider a reduction in parking requirements where a study justifies the assumptions that staff and users of the centre would use public transport, or live or work within walking distance, or due to other considerations on an individual site’s merits.  Particular consideration will be given to centres with a high number of staff due to the provision of 0-2 year old spaces.”

 

It is considered that a traffic study is not warranted, as the child care centre is relatively small in nature and there are other site and operational attributes which sufficiently justify the variation.

 

Firstly, the pre-school caters for 4-5 year old children thereby avoiding the higher ratios of staff to children required under the Children’s Services Regulation 2004 where children less than 2 years old are cared for. 

 

Secondly, the proposal does provide for 2 designated pick-up/drop-off spaces outside the premises which are operational at the appropriate hours. 

 

Thirdly, it is agreed with the applicant’s submission that due to the location of the centre, it can be reasonably assumed that not all parents would travel to the centre by car but may utilise the availability of convenient public transport or walk to the centre. 

 

The application does not rely on the availability of public parking although it can also be reasonably assumed that a number of parents would utilise this facility possibly on multi-purpose trips.

 

As far as safe entry and egress is concerned, appropriate draft conditions of consent are recommended which include sign posting and other measure recommended by the RTA.

 

On site parking in relation to the neighbourhood use component of the proposal is shared with the community centre staff.  Two spaces have been allocated to each use.  As indicated previously, no parking is provided on the site for other than staff.  Accordingly, sufficient parking on the site is met.

 

Accessibility

 

The premises are to be upgraded to provide an accessible pedestrian entry ramp and an accessible car space at the rear compliant with AS 1428.1 and the BCA.  Other circulation areas would also comply with the relevant codes and Part D of the Building Code of Australia.  

 

The applicant has submitted a Statement of Disability Discrimination Act (DDA) Consistency which indicates that the development is generally consistent with the Council’s DCP and the principles of the DDA.

 

Safety/Security/Fencing

 

The application documentation indicates that the child care centre would be adequately fenced to prevent children from scaling or crawling under fencing and allow for safety.

 

Environmental Hazards/Air Quality

 

No concerns are raised in this regard within the context of the DCP requirements.

 

Landscaping/Planting

 

The DCP suggests the use of planting for shading, screening or decorating and requires that plants which are toxic must not be grown on the site.  The site provides opportunities for planting along the rear and western side boundaries at the front.  It is recommended that a landscape plan be submitted with the application for a construction certificate which addressed the DCP requirements, in particular the removal of noxious plants and those unsuitable for a child care centre.

 

RESPONSE TO NOTIFICATION (Section 79(1)(d))

 

Two submissions were received in response to the notification of the development application.  The issues raised in the submission can be summarised as follows.

 

·     Possibility of noise.  While the writer mentions a possible noise impact, they conclude that “On balance this is not a concern for us as children have to have somewhere to play.”  

·     Position of the carpark.   The concern is that parking cars between the building and the playground may be dangerous.  It should be noted that the playground is isolated from the carpark by fencing.  The fencing should be 1.2m in height with self closing and self latching gates.  Further, the carpark is for the use of staff, and occasional accessible parking thereby minimising the risk of children being in the carpark.  On a daily basis, the number of car movements is expected to be minimal.  Pick up and drop off would occur on-street at the front of the building in two designated 15 minute parking spaces.  It is considered that the parking arrangements are satisfactory and do not warrant modification.

·     The play area may have a 7 storey building next to it.  This concern relates to the possibility of future development occurring on the adjacent property under future LEP’s.  This is not a concern that can be given weight in the assessment of the application.

·     Parking – there is no parking provision for the development.  The development provides four parking spaces on site.  The spaces are for staff and include one accessible space. The parking arrangements which are supplemented by a designated pick-up/drop-off zone outside the premises are considered to be satisfactory and would meet the needs of the development.  Refer to previous discussions and RTA comments.

·     Access (in relation to parking difficulties and child safety).  The premises are located within the Lane Cove shopping village and it is expected that there would/ may be conflict of traffic movements at peak times.   It is the responsibility of parents to use abundant caution and prudence when picking and dropping off children.  The premises are adjacent to a pedestrian crossing which can be utilised by parents.  This concern is not of sufficient weight to warrant modification or refusal of the application.

CONCLUSION

 

The application for the use of the former Lane Cove Police Station as a child care centre and a community centre has been assessed pursuant to the requirements of the Section 79C of the Environmental Planning and Assessment Act.  The main issues arising in the assessment are the potential for offensive noise; the retention of the Eucalyptus nicholii located at the front of the property; the suitability of on-site parking. 

 

Other issues include the provision of disabled access and the concerns of person who made submissions.  In relation to access and mobility, the applicant has provided a satisfactory Statement of DDA (Disability Discrimination Act) Consistency which demonstrates how the development satisfies the requirements of the Building Code of Australia and the Council’s DCP.  The concerns of persons who made submissions are discussed within the report.

 

The potential for noise has been addressed in the recommendations of the acoustic consultant and relevant conditions have been applied. While the site is one car space short of the DCP requirements, Council’s traffic engineer and the RTA raise no objections to the granting of consent.  The provision of the two designated parking spaces outside the premises and the fact that the proposed centre is close to public transport and public parking within the Lane Cove village are mitigating and supportable factors.

 

The Eucalyptus nicholii at the front of the property will be suitably protected during the construction phase and pier and beam footings will be utilised to ensure its retention and long term survival. 

 

The application complies with the Council’s Development Control Plan for Child Care Centres which reflects the requirements of the Children’s Services Regulation 2004.

 

The areas of concern have been discussed in this report and it is considered that the matters have been suitably addressed either in the application or by the imposition of appropriate conditions of consent. 

 

The site is affected by a covenant restricting the use of the site.  This covenant was not complied with during the time that the building was used as a police station.  The covenant does not preclude Council from granting development consent, however, to clear the situation, a draft condition of consent has been included requiring the land owner to have the covenant removed.  On balance it is considered that the application should be approved.

 


 

RECOMMENDATION

 

Pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended the Council grants development consent to Development Application 08/315 for the change of use of the police station to an 18 place child care centre, with a community facilities component on lot 51 DP 10155 and known as 47 Burns Bay Road, Lane Cove subject to the following conditions:

 

1.         (20) That the development be strictly in accordance with drawing number 122 081 Sheets DA01 to DA03, Issue A, dated October 2008 and DA04 issue A dated September 2008 by Dillon & Savage Architects., except as amended by the following conditions:

 

 

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

 

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

 

4.         The Centre to be designed in accordance with the Children’s Services Regulation 2004, and to be licensed the NSW Department of Community Services prior to occupation.

 

5.         In accordance with the noise impact report dated 26 September 2008 by Acoustic Logic Consultancy, the following measures are to be implemented to minimise environmental noise impacts:-

 

a)   A 1.8m high solid fence must be installed along the western boundary (except the section screened by the existing shed) and a minimum 1.5m high fence must be installed along the northern boundary, with all gaps and junctions being acoustically sealed.  The acoustic fence it to be erected independent of the dividing fence.  Details of the construction and finishes of the fence being submitted to and approved by the principal certifying authority prior to the issue of a construction certificate.

b)   A 6m wide solid roof canopy must be installed along the western boundary of the outdoor play area as shown in Figure 2 on Page 10 of the report.  The external finish of the canopy shall be of a low reflectivity and be of a dark, subdued tone to minimise the likelihood of nuisance being caused to the adjoining residential units.   The roof materials may be colourbond or FC sheet.  Alternatively a flexible cover may be used provided the cover is impervious and has a minimum mass of not less then 1.7kg/ sqm.  Details of the external roof finishes being submitted to and approved by the principal certifying authority prior to the issue of a construction certificate.

c)   Signs reminding staff and visitors to minimise noise at all times shall be installed at entry and exit points from the centre.

d)   A maximum of 18 children are permitted to use the outdoor play area at any one time.

e)   Windows/doors on the western facade of play rooms must be installed with acoustic seals and consist of minimum 4mm thick glass which shall remain closed.

f)    A noise management plan must be developed and approved prior to the occupation certificate being issued.  The noise management plan must include supervision of children to minimise noise, a visible contact phone number displayed at the front of the centre for complaints and a complaints handling procedure.

 

6.         The entry to the carpark is to be signposted with signs indicating “Staff Only Parking”  to deter other vehicles from entering the site.

 

7.         All vehicles are to enter and exit the site in a forward direction.

 

8.         All vehicles are to be wholly contained on site before being required to stop.

 

9.         The proposed turning areas within the carpark are to be kept clear of any obstacles, including parked cars at all times.

 

10.       The required sight lines to pedestrians or other vehicles in or around the entrance and car park are not to be compromised by landscaping or signage.

 

11.       The access ramp at the front of the property is to be designed for ease of use, this may include a “rounding” of the corners of the ramp.

 

12.       The erection of 600mm high lattice privacy screens on the rear and western fence where they abut the play area, provided agreement is reached with the adjoining owners.

 

13.       The masonry fencing across the frontage of the property to be compatible with the existing building in terms of colour.

 

14.       The hours of operation being restricted to the following hours:-

·     Childcare Centre: Monday to Friday from 8am to 4pm during school terms and 9am to 3pm for vacation care during school holidays.

·     Community Centre:  Generally 9am and 5pm Monday to Friday with any out of hours use restricted to 10pm.

 

15.       As there is a change of building use, the provisions of Clause 78B of the Environmental Planning and Assessment Regulation 1998 must be complied with.

 

16.       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.

 

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

 

18.       (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.

 

 

 

19.       (302)  The protection on site, without damage, of all existing trees, excepting those shown in the approved plan to be removed or pruned.  Irrespective of this consent permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter.

 

20.       (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.

 

21.       (308)  Rubbish must be stored in a 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.

 

22.       A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 2.4m from the trunk of the Eucalyptus nicholii to be protected, or if this is not possible at a distance, to be determined, on site, by Council’s Tree Preservation Officer at the time of erection of the tree protection fence.  The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

 

            A waterproof sign must be placed on the tree protection zone stating ‘NO ENTRY TREE PROTECTION AREA – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A3 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

 

23.       (350) The trunk of the Eucalypt street tree must be protected during the construction period by a trunk guard.  The trunk guard must be made of underfelt under a layer of battens spaced 50 mm apart and up to 2 m from the ground. No nails are to be driven into the tree.

 

24.       (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.

 

25.       The construction of the retaining wall, sign and access ramp must be carried out using a pier and beam type footing within 5m of the trunk of the Eucalyptus nicholii save the east side of the tree adjacent to the existing driveway where the distance may be reduced to 3.5m.  Excavation works for the pier locations shall be individually hand dug with roots greater than 40mm diameter to be retained and pier holes positioned to accommodate the larger roots.  Any variation to the footing detail to be discussed and agreed to by the Tree Preservation Officer.

 

26.       The planting to be retained and the planting proposed in the development to be in accordance with DOCS requirements.

 

27.       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").

 

 

 

 

 

28.       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.

 

29.       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.

 

30.       The provision of four (4) on-site carparking spaces for the use of the child care centre (2 spaces) and the community centre (2 spaces) at all times.

 

31.       The disabled parking space is to be accessible at all times during operating hours and is to be compliant with Part D.3 of the Building Code of Australia.

 

32.       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.

 

33.       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.

 

34.       Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

 

a)         the name, address and telephone number of the Principal Certifying Authority;

b)         the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)         a statement that unauthorised entry to the construction site is prohibited.

 

The signs shall be maintained for the duration of construction works.

 

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

 

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

 

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

b)         All reinforcement prior to filling with concrete.

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

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Any stormwater drainage lines prior to backfilling

k)         Completion.

 

37.       All timbers complying with Timber Framing Code AS 1684-79.

 

38.       All glazing is to comply with the requirements of AS 1288.

 

39.       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.

 

40.       All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

41.       The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

42.       All required exits and paths of travel to an exit having, except for doorways, a minimum unobstructed width throughout of 1 metre and a minimum unobstructed vertical clearance throughout of 2 metres.

 

43.       Illuminated exit and direction signs complying with the requirements of Part E4 of the Building Code of Australia are to be provided.

 

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

 

45.       Details of the location of the waste storage and recycling container storage area are to be submitted PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

46.       It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.  The applicant is to have the covenant (A873166) removed from the title of the property in due course.

 

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

 

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

 

General Engineering Conditions

48.       (A1) 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.

 

 

49.       (A2) Materials on Roads and Footpaths: Where the applicant requires the use of council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved. 

 

50.       (A3) Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, 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.

 

51.       (A4) 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: allow 2 working days for approval.

 

52.       (A5) 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.

 

53.       (A6) 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. All costs associated with the relocation or removal of services shall be borne by the applicant.

 

54.       (A7) 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’.

 

55.       (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the stormwater line are to be borne by the applicant

 

56.       (V3) Car parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

 

Engineering conditions to be complied with prior to construction certificate

 

57.       (S2) Stormwater requirement The stormwater runoff from the new and or altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP-Stormwater management.

 

The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Council’s DCP-Stormwater management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the construction certificate.

 

Where an existing element does not comply with current standards the subject element is to be replaced.

 

 

Where the existing system does not comply with Councils DCP-Stormwater management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principle Certifying Authority prior to the issue of the construction certificate. The design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater management

 

58.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $1000 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the occupational certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 90days from the notice. All repairs are to be carried in accordance with council’s requirements. The full bond will be retained if council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

59.       (C1) Erosion and Sediment Control Plan: An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the construction certificate. 

 

Engineering conditions to be complied with prior to commencement of construction

60.       (C2) Erosion and sediment control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plan satisfying condition ‘(C1) Erosion and sediment control plan’. The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering Conditions to be complied with Prior to Occupation Certificate

61.       (M2) Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant certificates are to be submitted to the principal certifying authority prior to issue of the occupation certificate.

 

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

·     Confirming that all parking and associated facilities have been designed and constructed in accordance with AS 2890 Series.

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Copy of Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan

1 Page