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Minutes

Ordinary Council Meeting

6 April 2009 7:03pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 6 April 2009

 

Minutes

 

 

 

PRESENT: Councillor I. Longbottom (Chair), Councillor S. Bennison, Councillor D. Brooks-Horn, Councillor S.Forrest, Councillor W. Gaffney, Councillor P.Palmer, Councillor A. Smith 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 Secretary.

 

DECLARATIONS OF INTEREST:

 

Councillor Pam Palmer declared a non-signficant non-pecuniary interest in Environmental Services Division Report No. 62, 139A Longueville Road Lane Cove as her son is the Youth Member of the Library Fit-Out Committee.   She indicated that she intended to debate and vote on the matter.

 

Councillor Shauna Forrest declared a non-signficant  non-pecuniary interest in Open Space & Urban Services Division Report No. 13 – Lane Cove Bicycle Plan in respect to Dettman Avenue as her home is situated in Dettman Avenue.    She indicated she would debate and vote on all sections of the plan with the exception of the Dettman Ave section.

 

APOLOGIES                                                     

Apologies were received on behalf of Councillor K. Mcilroy.

60

RESOLVED on the motion of Councillors Gaffney and Smith that the apology be accepted and leave of absence be granted.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

OPENING OF MEETING WITH PRAYER

 

The meeting was opened with a prayer by the Rev Jerry Duncan.

 

ACKNOWLEDGEMENT OF COUNTRY

 

The Mayor gave an acknowledgement of Country.

 

SUSPENSION OF STANDING ORDERS

61

RESOLVED on the motion of Councillors Smith and Brooks-Horn that Standing Orders be suspended and that members of the public who wish to address Council be allowed to do so for a maximum of three minutes.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

The following persons addressed Council:

 

Jon Johannsen Karilla Avenue Lane Cove and member of Lane Cove ALIVE Leadership Group regarding the Woolworths Development and supporting the new proposal for its façade to the Plaza.

 

Doug Stuart 21A William Edward Street Longueville and member of the Lane Cove Bushland & Conservation Society asserted that points raised in the Lane Cove Bushland & Conservation Society’s submission has not been made part of the Bicycle Plan.   He urged Council not to accept the plan in its present form.

 

David Lloyd 15 Hinkler Street Greenwich supported the Bicycle Plan in its present form.

 

Ray Kearney OAM 24 Alder Avenue Lane Cove regarding the Bicycle Plan and opposed the proposal to link the Banksia Close section to Sam Johnson Way.   He asserted that his Petition had not been given due consideration.

 

George Lucarelli 18 Alder Avenue Lane Cove supported the Bicycle Plan with the exception of the sections at Banksia Close & Sam Johnson Way.   He expressed concern that pedestrian access to the Business Park would encourage parking in Alder Avenue.  

 

Ron Gornall Mafeking Avenue Lane Cove regarding the Bicycle Plan expressed concern that dead end tracks would encourage cyclists through Wararoon Reserve.   He also expressed concern that trees may be removed by the installation of cycle paths.

 

Jim Berry Northwood Road Northwood and chair of Lane Cove ALIVE Leadership Group spoke in support of the proposed change of the Plaza façade for the Woolworths Proposal.

 

Richard Armitage Development Manager of Woolworths Ltd explained the new proposal for the Market Square Plaza façade design features are themed to suit the people who will be using the facility and pointing out that the new design is a continuation of the design used for the Library approach.  

 

Frances Vissel 14 Fraser Street Lane Cove supported the Bicycle Plan but opposed a section in Centennial Ave at Karilla Avenue and the connection from Sam Johnson Way.     She also spoke against the new proposal for Lane Cove Market Place façade.

 

Doug Stuart from RASAD pointed out that the independent writers of the City Plan were not in support of the Market Place façade design.

 

Jeanette Lloyd 15 Hinkler Street Lane Cove and a keen cyclist encouraged Council to adopt the Bicycle Plan.

 

Liz Gill Greenwich Community Association supported the Bicycle Plan and suggested that there is room for the various issues which have been raised to be addressed.   

 

James McDonnell Gordon Crescent Lane Cove spoke in support of the Bicycle Plan.

 

Russ Webber 61A Ronald Avenue and President of North Shore Bicycle Group informed Council of the increase in cyclists using cycle ways and supported the Bicycle Plan urging that it be implemented as soon as possible.

 

Roger Magnusson 2/33 Innes Road Lane Cove and also representing his neighbour at 1/33 Innes Road objected to the proposed construction at 35 Innes Road Lane Cove.   He asserted that the structure would block their outlook and devalue their property.     On his own behalf he objected to the size and aggression of the proposal also the inclusion of a lift.   He urged Council to reject  the current proposal.

 

Jenny Polich 14 Crowther Avenue Greenwich expressed concern regarding the current proposal for 35 Innes Road and the impact it would have on the outlook from surrounding properties.   She stated that the applicants had previously disregarded compliance to Council’s conditions.    She opposed  the scale, size and height of the proposal and the removal of trees and claimed that the proposal is not sympathetic to its surrounds.

 

Matt Jones owner of property adjoining 35 Innes Road Greenwich opposed the current proposal for development at 35 Innes Road.    He stated that the original consent imposed conditions protecting trees on the site and required that a $20,000 bond be lodged.    He stated that previous unauthorised building on the site has not been removed and urged that a new development be sympathetic to its surrounds.

 

Greg Irving  10 Bent Street Greenwich spoke outlining the changes to the development application for  4 Church Street, Greenwich which he claimed were substantial modifications which should address the concerns raised by owners of surrounding properties.

 

Mark Reiss 2 Church Street Greenwich regarding the Development Application for 4 Church Street Greenwich asserting the proposal does not comply with 5 counts of Council’s LEP.   He claimed the proposal would be an overdevelopment for the site with an inappropriate design for the area and many areas of non compliance.

 

Robert Power regarding development application for 35 Innes Road

 

Paul Gibbs business proprietor and property owner in Lane Cove Plaza spoke in support of the proposed changes to the façade of the Lane Cove Market Square development.

 

Jeff Hughes Crowther Avenue Greenwich considered the development application for 35 Innes Road would cause a projection of sound through the valley.

 

Don Murchison 37 Innes Road Greenwich and a member of the Community Pathways Project expressed disappointment that the Community Pathways Project suggestions had been deleted from the Bicycle Plan when it was placed on public exhibition.   He spoke in favour of community shared pathways for the Bicycle Plan.      He also commented on the development application for 35 Innes Road Greenwich and opposed the removal of trees and the current building design.    He stated that a new design, sympathetic to surrounding bushland should be submitted.

 

Patricia Quealey 9 Robert Street Greenwich opposed the development application for 4 Church Street Greenwich claiming it would cause a loss of view and amenity from her property.    She supported Council’s restrictions for ground floor height and balcony size.

 

Michael Mason Executive Manager Corporate Services read a letter from Colin & Pat Eyres 11 Robert Street Greenwich, regarding 4 Church Street, Greenwich.

 

David Murrell 16 Crowther Avenue Greenwich, reinforced the opinions stated by previous speakers opposing the development application for 35 Innes Road Greenwich.

 

Resumption of Standing Orders

62

RESOLVED on the motion of Councillors Smith and Brooks-Horn that Standing Orders be resumed.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

ADJOURNMENT

 

The meeting was adjourned at 8:28pm.

 

The Mayor opened the Services & Resources Committee Meeting at 8:29pm and adjourned it.

 

RESUMPTION

 

The meeting resumed at 8:30pm.

 

Petitions

 

Petition No. 2

SUBJECT: Road Safety Around Lane Cove West Public School

63

RESOLVED on the motion of Councillors Smith and Brooks-Horn that:-

 

1.   A report be prepared for the Local Traffic Committee addressing the issues raised in the petition.

 

2.   The head petitioner be notified of Council’s decision.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Referred Reports FROM Inspection Committee 04 April 2009

 

Environmental Services Division Report No. 339

SUBJECT: 35 Innes Road, Greenwich

64

RESOLVED on the motion of Councillors Longbottom and Smith that pursuant to the provisions of the Section 80(1)(b) of the Environmental Planning and Assessment Act 1979 as amended the Council refuses development consent to Development Application 08/186 for the erection of a dwelling house on lot 42 DP14522 and known as 35 Innes Road, Greenwich for the following reasons:

 

  1. The proposal is considered contrary to the general aims and objectives of the Lane Cove Local Environmental Plan, 1987, in particular, Clause 2(1)(a).

 

  1. The proposal is considered contrary to the aims and objectives relating to housing of the Lane Cove Local Environmental Plan, 1987, in particular, Clause 2(a)(i) and (ii).

 

  1. The proposal is considered contrary to the aims of the draft Lane Cove Local Environmental Plan, in particular with regard to Clause 2(b), (c)(ii) and (iii), (e) and (f).

 

  1. The proposal is considered contrary to Section 79C (b) of the Environmental Planning and Assessment Act, 1979 in relation to the likely impact of the development.

 

  1. The proposal fails to meet the requirements of the Lane Cove Council Dwelling House Code.  In particular with regard to:

 

    1. Excessive height of the development in that the ceiling heights exceed the 7m maximum.
    2. Non compliance with the 2 storey height limit. In that the development is part 3 storey.
    3.  The proposal does not meet the 1500mm side boundary setbacks.
    4. The proposal exceeds the 1m limit for cut and fill.
    5. Loss of privacy has been identified as an issue, and balconies exceed the 3m maximum width.

 

  1. The proposed dwelling house is considered of an inappropriate design for the neighbourhood and is of excessive bulk and scale, and the materials are considered inappropriate in the context of the site and surrounds.

 

  1. The proposal will result in the removal of an excessive number of trees and bushland from the site, which will adversely impact on the amenity of the site and surrounding area.

 

  1. The proposal will result in an adverse impact on neighbouring properties, including:

 

    1. Light spill impact on properties to the rear in Crowther Avenue
    2. Loss of amenity due to removal of trees
    3. Loss of privacy and excessively large terraces
    4. The potential noise nuisance arising from the inclusion of a lift in the development
    5. Loss of solar access to the adjoining properties

 

  1. The proposal is considered contrary to the public interest in that a number of objections were received to the proposal.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

 

Procedural Motion

65

RESOLVED on the motion of Councillors Longbottom and Smith that the following reports be brought forward and dealt with in the following order:

Environmental Services Division Report No. 6 – 4 Church Street Greenwich.

General Managers Report No. 7 – Woolworths Lane Cove Market Square Status Report.

Open Space & Urban Services Report No. 13 – Lane Cove Bicycle Plan.

Environmental Services Division Report No. 62 – 139A Longueville Road Lane Cove.

Environmental Services Division Report No. 97 – 24-28 Lane Cove Plaza, Lane Cove.

Human Services Division Report No. 5 – Historical Plaques and Markers.

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

 

Environmental Services Division Reports

 

Environmental Services Division Report No. 6

SUBJECT: 4 Church Street, Greenwich

66

RESOLVED on the motion of Councillors Longbottom and Palmer that Council defer consideration of Development Application 08/249 for the demolition of the existing dwelling house and garage and the erection of a dwelling house with a double garage on Lot  2 DP 84165, known as 4 Church Street, Greenwich to the Council meeting to be held on 18 May 2009 and the neiigbours be renotifed of the amended plans submitted by the applicant.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

General Managers Reports

 

General Managers Report No. 7

SUBJECT: Woolworths Lane Cove Market Square Status Report

67

RESOLVED on the motion of Councillors Forrest and Smith that Council receive and note the Woolworths Lane Cove Market Square Status Report.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Report No. 13

SUBJECT: Lane Cove Bicycle Plan

68

RESOLVED on the motion of Councillors Longbottom and Gaffney that Council defer consideration of the Lane Cove Bicycle Plan to the meeting of 4 May 2009.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Environmental Services Division Report No. 62

SUBJECT: 139A  Longueville Road, Lane Cove

69

RESOLVED on the motion of Councillors Longbottom and Smith that that pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act 1979, as amended , the Council grants development consent to Development Application 361/08 for the fit out and use of the Lane Cove Library building  at 139A Longueville Road Lane Cove, subject to the following conditions:

 

1.      The proposal is to be completed strictly in accordance with the following drawings and supporting information received with the application, except as otherwise amended by this Notice:

 

            Architectural Plans prepared by Stephensen and Turner International Pty Ltd:-

 

Drawing No.

Title

Date

Revision

A100

Cover sheet and location plan

17.12.08

B

A101

Level 2 – Library plan Level

17.12.08

E

A102

Level 1 and Level 3 Plan

17.12.08

D

A103

Roof Plan

20.3.09

A

A104

Level 2 – Library RCP

17.12.08

C

A201

Internal elevations

17.12.08

C

A202

Sections

17.12.08

C

A401

Wet Area detail

17.12.08

C

 

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

 

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

 

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

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

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

 

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

 

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

 

5.         The opening hours for public access to the library are from 9.00am until 9.00pm weekdays, and 9.00am until 4.00pm weekends.

 

6.         This consent does not authorise the erection of any signage on the building.  A separate development application is to be submitted for the erection of signage on the building.

 

7.         A copy of the Stephensen and Turner International Pty Ltd Heritage Impact Statement, dated 15 December 2008, shall be lodged with the Local Studies section of Lane Cove Library prior to the issue of any Occupation Certificate for this building.

 

8.         The air conditioning condenser units serving the IT Room, Level 1 Stack and the Local Studies Room shall comply with applicable criteria within the DECC Industrial Noise Policy. Should noise screens be necessary the applicant shall obtain the relevant approval from Lane Cove Council, if required, and the Principal Certifying Authority prior to installation.

 

 Prior to the issue of any Occupation Certificate the Principal Certifying Authority shall be provided with written confirmation from a suitably qualified person demonstrating that:

 

(a)   The operation of all mechanical plant and equipment satisfies the requirements of the DECC Industrial noise Policy; or

(b)    Measures are in place to ensure that rooftop mechanical plant and equipment shall not operate between 10.00pm and 7.00am.

 

9.         Prior to the issue of any Occupation Certificate the Principal Certifying Authority shall be provided with written confirmation from a suitably qualified person, demonstrating compliance with the Operational Waste Management Plan, dated 15 December 2008, prepared by Lane Cove Council.

 

10.       Prior to the issue of any Occupation Certificate the Principal Certifying Authority shall be provided with written confirmation from a suitably qualified person, demonstrating that the building is consistent with the analysis within the Access Audit prepared by Independent Living Centre NSW dated 15 December 2008 

 

11.       All requirements relating to curfew periods for heavy vehicles established under Development Consent 246/04 shall continue to apply for the duration of the works approved by this Notice.

 

12.       No loading or unloading of goods, materials, equipment or the like associated with the development, or the storage of any plant, equipment or materials, shall take place on Council’s road or footpaths without the prior approval of Council.

 

13.       All requirements relating to the control of demolition and construction noise established under Development Consent 246/04 shall continue to apply for the duration of the works approved by this Notice.

 

14.       A Waste Management Plan for the disposal of all waste materials from demolition and construction shall be submitted for approval prior to issuing of any Construction Certificate and commencement of works. Documentation detailing the destination of materials is required prior to the issue of any Construction Certificate. Submission of receipts may be requested upon completion of works.

15.       (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)   7am – 7pm

                                    Saturday                                  7am – 7pm

 

No work to be carried out on Sundays or any public holidays.

 

16.       All demolition works are to be conducted in accordance with the provisions of AS 2601-1991 “The Demolition of Structures”. All demolition and excavated material shall be disposed of in accordance with the approved Waste Management Plan.

 

17.       Noise monitoring must be carried out by a qualified acoustical consultant if complaints are received during any demolition and construction works, or if directed by Council, and any control measures recommended by the acoustical consultant must be implemented during those works.

 

18.       The 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 'offensive noise' as defined in the Protection of the Environment Operations Act 1997 and Regulations, and the New South Wales EPA Industrial Noise Policy (January 2000).

 

19.       Deleted.

 

20.      Deleted.

 

21.   Full details of the ESD measures outlined in the letter from Lane Cove Council dated 23 March 2009 are to be provided to the Principal Certifying Authority for approval prior to the issue of any Construction Certificate. 

 

Should the provision of the non-potable water supply system require separate approval for further works to the stormwater management system for the Lane Cove Market Square complex, evidence of that approval is to be provided to the Principal Certifying Authority prior to connection of the library building to that non-potable water supply.   

 

Evidence of installation and/or completion of all ESD commitments, prepared by a suitably qualified person, shall be provided to the Principal Certifying Authority prior to the issue of the Final Occupation Certificate.

 

 Health and Building conditions

 

22.       Submit a fire safety report from a suitably qualified fire safety consulting engineer of the BCA complying report from a person with the appropriate level of certification detailing all non-compliances with the current requirements of Sections C, D, E, G and I of the Building Code of Australia.  The report will need to rationalise the non-compliance and clearly recommend in the conclusion all works required to be completed at 139a Longueville Road.  The report will also need to provide a schedule of existing and proposed essential fire safety measures for both existing and proposed buildings prior to the issuing of the occupation certificate.

 

             However, an alternative solution complying with the Building Code of Australia would be favourably considered.

 

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

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

 

25.       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.

 

26.       (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads.  Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

27.       (70) Protection of the library concrete slabs against subterranean termites must be carried out in accordance with AS.3660.

 

General Engineering Conditions

28.       (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.

 

29.       (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’.

 

30.       (A9) 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.

 

Engineering Conditions to be complied with prior to Construction Certificate

 

31.       (V7) Pedestrian Management Plan 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’. A Pedestrian Management Plan shall be submitted and approved by Council prior to the commencement of work.   This Plan shall detail the works on site and their progressive impacts on pedestrians, along with measures to continually and safely provide for pedestrian demands.

           

32.       (T1) Design of retaining structures: All retaining structures grater than 1m in height are to be designed and certified for construction 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. 

 

33.       (C1) Erosion and Sediment Control Plan: 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 

34.             (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.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Environmental Services Division Report No. 97

SUBJECT: 24-28 Lane Cove Plaza, Lane Cove

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

70

DEVELOPMENT APPLICATION 246/04D

 

MOTION

 

A motion was moved by Councillors Longbottom and Smith that pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, development consent 246/04 granted in December 2004 for the Lane Cove Market Square Complex on land known as 24-28 Lane Cove Plaza, Lane Cove is amended in the following manner:

 

Part A.

 

1.         By inserting into condition 3 the following:

 

The approved plans are further modified by the amendments described on the following plans, prepared by BN Architectural Group, approved with Development Application

 

Drawing No

Issue

Date

A450

G

20.01.2009

A451

G

20.01.2009

 

Signage shall be in accordance with the following plans prepared by BN Group Pty Ltd, as amended in Red, and otherwise amended by this condition:

 

Drawing No

Issue

Date

S-01

D

7.1.09

S-04

A

1.8.08

S-06

B

7.1.09

S-10

C

7.1.09

S-11

C

7.1.09

S-13

C

27.11.08

S-19

B

7.1.09

S-23

A

1.08.08

S-24

A

1.08.08

S-31

A

8.01.08

S96-S-34

A

8.01.08

 

2          The following signs shall not be approved and shall not be erected:

 

a)         The ‘Woolworths’ wall advertisement on Drawing S-01 to Austin Street.

b)         The ‘Woolworths logo’ wall advertisement on the northern elevation addressing the Lane Cove Plaza.

c)         The freestanding advertisement (01/S19) on Drawing S96-S-34 Revision A, dated 08.01.09 shown located within Longueville Road, opposite the intersection with Austin  Street.

            The following sign shall be amended as follows:

 

d)         The ‘Woolworths’ logo on the freestanding sign on Drawing S-19 shall be removed. 

                       

          All other future signage shall be the subject of separate development applications.

 

3              The installation of glazed elements into the awning to break up the severity of dark shadow underneath.   Details to be submitted with Construction Certificate.

 

Part B.

 

That signage comprising a ‘Woolworths’ logo wall on the northern elevation to Lane Cove Plaza, and a ‘Woolworths’ wall advertisement on the southern elevation to Austin Street be refused for the following reasons: 

 

1.       The application is not satisfactory for the purposes of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979 in that Clause 22(2)(g) of State Environmental Planning Policy prohibits the display of a wall advertisement where a building identification sign is displayed on the same building elevation. 

 

2.       The application is not satisfactory for the purposes of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979 in that the amended development would not satisfy the aims and objectives in clauses 2(1)(a) or 2(b)(ii) LEP 1987.

 

3.       The application is not satisfactory for the purposes of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 in that elements of the signage to Lane Cove Plaza and Austin Street would not satisfy  objectives (a), (b) (d) and (h) in section 1.5 of Lane Cove Advertising and Signage Development Control Plan.

 

FORESHADOWED MOTION

 

A  Foreshadowed Motion was moved by Councillors Tudge and Palmer that the application made under Section 96 of the Environmental Planning and Assessment Act 1979 application, lodged with Council on 23 January 2009, to amend Development Application 246/04 for the Lane Cove Market Square redevelopment be refused for the following reasons:

 

1.       The application is not satisfactory for the purposes of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979 in that Clause 22(2)(g) of State Environmental Planning Policy prohibits the display of a wall advertisement where a building identification sign is displayed on the same building elevation. 

 

2.       The application is not satisfactory for the purposes of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979 in that the amended development would not satisfy the aims and objectives in clauses 2(1)(a), 2(b)(ii) or 2(d)(i) of LEP 1987.

 

3.       The application is not satisfactory for the purposes of Section 79C(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 in that the amended development would not satisfy objectives for the B2 Local Centres zone in clause 2.7 Draft Lane Cove Local Environmental Plan 2008.

 

4.       The application is not satisfactory for the purposes of Section 79C(1)(a)(iii) of the  Environmental Planning and Assessment Act 1979 in that the amended development would not satisfy section 4.1(ii) of Lane Cove Business Zones Development Control Plan. 

 

5.       The application is not satisfactory for the purposes of Section 79C(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 in that the proposed signage would not satisfy  objectives (a), (b) (d) and (h) in section 1.5 of Lane Cove Advertising and Signage Development Control Plan.

6.       The application is not satisfactory for the purposes of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 in that amended development would not satisfactorily respond to the context and setting of the site.

 

7.       The application is not satisfactory for the purposes of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 in that amended development would not positively contribute to the public domain.

 

8.       The application is not satisfactory for the purposes of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 in that amended development would not satisfactorily respect the heritage values of surrounding buildings.    

 

9.       The application is not satisfactory for the purposes of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 in that the amended development would not provide for a design which properly responds to the attributes of the site.

 

10.     The application is not satisfactory for the purposes of Section 79C(1)(d)(i) of the Environmental Planning and Assessment Act 1979 in that the majority of public submissions received are considered to have relevantly identified the revised façade treatment, and elements of the signage package, as being unsuitable for the site.    

 

11.     The application is not satisfactory for the purposes of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979 as the amended development is inconsistent with Lane Cove Village Structure Plan and is therefore not in the public interest.

 

Upon being put to the meeting the voting on the motion was equal.

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn and Longbottom (Total 4).

Against the Motion were Councillors Forrest, Gaffney, Palmer and Tudge (Total 4).

 

The motion was declared carried on the casting vote of the Mayor.

 

The Foreshadowed Motion lapsed.

 

DEVELOPMENT APPLICATION 272/07A

 

A motion was moved by Councillors Longbottom and Smith that pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, development consent 272/07 granted in December 2007 for the Lane Cove Market Square Complex on land known as 24-28 Lane Cove Plaza, Lane Cove is amended in the following manner:

 

Part A.

 

That Condition 1 be amended to read as follows:

 

  1. The proposal is to be completed strictly in accordance with the following drawings and supporting information received with the application, except as otherwise amended by this Notice:

 

            Architectural Plans prepared by BN Group Pty Ltd:-

 

Drawing No.

Title

Date

Revision

GA 108

Library/Plaza level

22.8.2007

B

GA 109

Gym level 1

24.8.2007

B

GA 110

Gym level 2

10.12.2007

C

GA 111

Roof plan

24.8.2007

A

GA 302

Section No. 2

10.12.2007

C

GA 401

Plaza Montage

September 2007

-

GA 451

Elevations

24.8.2007

A

GA 010

Site Plan

27.8.07

A

 

          The approved plans are modified by the amendments shown the following drawing prepared by BN Group Pty Ltd:-

 

Drawing No.

Title

Date

Revision

GSK-01

Link Rd/Western elevation

-

-

 

The approved plans listed above are further modified by the following drawings prepared by BN Group Pty Ltd:-

 

Drawing No

Issue

Date

S96 –A 111

A

20.01.2009

S96 –A410

C

20.01.2009

A460

A

20.01.2009

 

Subject to verification.

 

DEVELOPMENT APPLICATION 272/07A

 

FORESHADOWED MOTION

 

A  Foreshadowed Motion was moved by Councillors Tudge and Palmer that the application made under Section 96 of the Environmental Planning and Assessment Act 1979 application, lodged with Council on 23 January 2009, to amend Development Application 272/07 for a gymnasium within the Lane Cove Market Square redevelopment be refused for the following reasons:

 

1.       The application is not satisfactory for the purposes of Section 79C(1)(a)(i) of the Environmental Planning and Assessment Act 1979 in that the amended development would not satisfy the aims and objectives in clauses 2(1)(a), 2(b)(ii) or 2(d)(i) of LEP 1987.

 

2.       The application is not satisfactory for the purposes of Section 79C(1)(a)(ii) of the Environmental Planning and Assessment Act 1979 in that the amended development would not satisfy objectives for the B2 Local Centres zone in clause 2.7 Draft Lane Cove Local Environmental Plan 2008.

 

3.       The application is not satisfactory for the purposes of Section 79C(1)(a)(iii) of the  Environmental Planning and Assessment Act 1979 in that the amended development would not satisfy section 4.1(ii) of Lane Cove Business Zones Development Control Plan. 

 

4.       The application is not satisfactory for the purposes of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 in that amended development would not satisfactorily respond to the context and setting of the site.

 

5.       The application is not satisfactory for the purposes of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 in that amended development would not positively contribute to the public domain.

 

6.       The application is not satisfactory for the purposes of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 in that amended development would not satisfactorily respect the heritage values of surrounding buildings.    

 

7.       The application is not satisfactory for the purposes of Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979 in that the amended development would not provide for a design which properly responds to the attributes of the site.

 

8.       The application is not satisfactory for the purposes of Section 79C(1)(d)(i) of the Environmental Planning and Assessment Act 1979 in that the majority of public submissions received are considered to have relevantly identified the revised façade treatment, and elements of the signage package, as being unsuitable for the site.    

 

9.       The application is not satisfactory for the purposes of Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979 as the amended development is inconsistent with Lane Cove Village Structure Plan and is therefore not in the public interest.

 

 

 

 

 

 

71

Upon being put to the meeting the voting on the motion was equal.

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn and Longbottom (Total 4).

Against the Motion were Councillors Forrest, Gaffney, Palmer and Tudge (Total 4).

 

The motion was declared carried on the casting vote of the Mayor.

 

 

The Foreshadowed Motion lapsed.

 

Human Services Division Reports

 

Human Services Division Report No. 5

SUBJECT: Historical Plaques and Markers

72

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

 

1.         Endorse for the purposes of public exhibition Draft Policy Memorial Plaques and Markers dated 30th March 2009 subject to it being amended to include the need to consult with adjoining property owners and should objections be received, the objections to be reported to Council.

 

2.         Endorse the Draft Policy Memorial Seats and Trees dated 30th March 2009 for the purposes of public exhibition.

 

3.         Proceed to public exhibition as per the consultation strategy outlined in the report.

 

4.         Support the application of the Northwood Action Group for the markers in light of the proposed policy.

 

5.         Provide an amount of up to $10,000 in the 2009/10 budget for the project.

 

6.               Write to Robert Woodward (Bob) and request permission to utilise the design for the plaques across the Lane Cove Municipality.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

 

 

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 16 MARCH 2009

73

RESOLVED on the motion of Councillors Smith and Gaffney that the minutes of the Ordinary Council meeting held on the 16 March 2009 be received.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

74

RESOLVED on the motion of Councillors Smith and Gaffney that the minutes of the Ordinary Council meeting held on the 16 March 2009 be confirmed.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

General Managers Report No. 9

SUBJECT: Internal Audit

75

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

 

1.         Council establish an Audit Committee.

 

2.         Councillor Bennison be the Councillor representative on the Committee with Councillor Smith as alternate.

 

3.         Expressions of Interest be called for up to two independent representatives on the Audit Committee (dependent on success of discussions with neighbouring councils regarding one member)

 

4.         An amount of $25,000 be included in the 2009/2010 Budget for internal audit, such audit to be undertaken on a collaborative basis.

 

5.         The General Manager be authorised to appoint an Internal Auditor on the basis of up to 5 days per month.

 

6.         The Audit Committee when established be authorised to develop both an internal audit charter and audit committee for consideration by Council and authorise an internal audit workplan.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom and Palmer (Total 7).

Against the Motion was Councillor Tudge (Total 1).

 

Reports Of Committees

 

Report Of Committees No. 2

SUBJECT: Inspection Committee

76

RESOLVED on the motion of Councillors Smith and Tudge that the report be received and noted.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Corporate Services Division Reports

 

Corporate Services Division Report No. 15

SUBJECT: Cost of Local Government Elections

77

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

 

1.   Write to the NSWEC advising them that until a full review of the conduct of the 2008 Local Government Election is completed by the Joint Standing Committee on Electoral Matters Council's position remains that it is prepared to pay the NSWEC the cost for the 2004 election plus cumulative cpi.

 

2.   Write to the Joint Standing Committee on Electoral Matters stating its concerns about the running of the 2008 NSW Local Government Election by the NSWEC and the dramatic increase in costs since 2004.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Open Space and Urban Services Division Reports

 

Open Space and Urban Services Division Report No. 10

SUBJECT: Lane Cove business  Parking Study

78

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

 

1.   Four (4), 2P, 8.30am-6pm, Monday to Friday, on-street parking spaces be installed in Mars Road, east of Chaplin Drive.

 

  1. Following the implementation of the parking restrictions, further survey work be undertaken over the ensuing 12 months, to determine whether any further changes are required to the extent and timing of the parking restrictions.

 

  1. The businesses be encouraged, where possible, to provide additional off-street visitor parking spaces with directional signage.

 

  1. Further investigations be conducted by Council with respect to the standard and level of State Government public transport to the Lane Cove West Business Park.

 

  1. Council seek information from representatives of car sharing/pooling schemes to investigate the way Council and businesses can facilitate car sharing service to the Lane Cove municipality and specifically the Lane Cove West Business Park.

 

 

For the Motion were Councillors Smith, Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Palmer and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

 

QUESTIONS WITHOUT NOTICE

Councillor Palmer asked the following Question Without Notice:

What steps can Council take to prevent the operation of the alleged prohibited operation of a hair & beauty salon in Waterbrook at 6 Ulonga Avenue Greenwich?

CLOSE

 

The meeting closed at 10:16pm.

 

Confirmed at the Ordinary Council Meeting of 20th April 2009, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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