Second Late Agenda

Ordinary Council Meeting

18 May 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 18 May 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 www.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.


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


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


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


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




Ordinary Council 18 May 2009










1.       Petition No. 3

SUBJECT: Greenwich Baths - Continuation of Existing Management



Environmental Services Division Reports


2.       Environmental Services Division Report No. 14

SUBJECT: DLEP 2008 - Departmental requirement  






Ordinary Council Meeting 18 May 2009


Petition No. 3






Reference:    Petition No. 3

Subject:          Greenwich Baths - Continuation of Existing Management    

Record No:    SU3641 - 16095/09

Author(s):       Ian Naylor 



Executive Summary


Council has received a petition containing 1208 names requesting:-


“We, the undersigned hereby petition Council to keep the current management of Greenwich Baths with Tim and Fran Fowler.


We wish Council to rescind its recent resolution to enter into a contract with an alternate operator and reappoint Tim and Fran Fowler.


We make this request based on the outstanding job Tim and Fran have done for the Lane Cove Community over the last 6 years and their clear commitment to continue their stewardship of the Baths”.


A copy of the petition has been circulated separately to Councillors.




That Council give consideration to the petition.







Craig Wrightson

Executive Manager

Corporate Services Division




There are no supporting documents for this report.


Ordinary Council Meeting 18 May 2009


Environmental Services Division Report No. 14






Reference:    Environmental Services Division Report No. 14

Subject:          DLEP 2008 - Departmental requirement    

Record No:    SU1454 - 15776/09

Author(s):       Stephanie Bashford 



Executive Summary


Council is requested to endorse the Draft Comprehensive Local Environmental Plan (DLEP 2008) Floor Space Ratio and Height Maps attached at AT 1.


The purpose is to confirm Council’s resolution of 4 August 2008, as a procedural matter for the Department of Planning, in relation to its report to the Minister under section 69 of the Environmental Planning and Assessment Act.




On 4 August 2008, Council resolved that “the Draft Comprehensive Local Environmental Plan 2008, for 4 August (included as attachment 1) and including maps dated 10 June as amended, maps of 1 August and key amendment maps of 4 August” be adopted for submission to the Department of Planning seeking gazettal.


This submission stage, which follows public exhibition of a plan, is made under section 68 of the Act, and was forwarded to the Department on 8 September 2008 after extensive editing/checking of the text and maps.


The next stage in the process is that the Department prepares a Section 69 Report to the Minister, summarising the changes to be made under the draft plan from LEP 1987.  In the course of preparing the s.69 report, the Department requested by letter of 13 May 2009 (AT 2) that Council formally confirm certain changes.




Council’s adoption of DLEP 2008 supported the revitalisation of the St Leonards commercial centre, through increased development scale in its floor space ratio and height controls, as detailed in the planner’s report and maps for that meeting.


Following finalisation of the Comprehensive DLEP’s proposed zonings, the supporting Comprehensive Development Control Plan (CDCP) project was able to be undertaken. The detailed urban design work done for the draft CDCP, which is to be presented to Council shortly, confirms that the DLEP’s maps provide the appropriate balance of floor space ratio and height for each area, subject to minor adjustments. These are shown in the maps attached to this report and conform with the intent of that meeting’s resolutions.


The changes have been proposed to the Department in recent correspondence and discussions during the drafting of CDCP. The Department, to facilitate the changes, has advised in the above letter that the Act allows for Council to submit changes to the plan, as follows:-


“S.68(9): After a draft local environmental plan has been submitted to the Director-General  

               under this section:

  (a)  the council and the Director-General may (on one or more occasions) agree to   

         the council making changes to the draft plan and resubmitting it under this 



The maps also include an adjustment of the floor space ratio for 1-5 Birdwood Avenue (the Lane Cove Club site). This is an editing matter to conform with Council’s adoption on 14 June 1994 of an amendment to the Business Zones DCP to allow an FSR of 3:1 for this site (rather than the exhibited FSR of 2.5:1 which was the generic scale for the centre).


The floor space ratio and height amendments are summarised in a schedule attached at AT 3.




Council in 2008 adopted the Draft LEP for the development of Lane Cove over 15-25 years in

accordance with the Metropolitan Strategy for Sydney. The Department of Planning has requested

confirmation of the development standards intended by Council to achieve the detailed urban

design outcomes appropriate under the DLEP, for completion of the process under section 69

of the Environmental Planning and Assessment Act for gazettal of the plan.


Council is requested to respond to the Department’s request for this information with the

endorsement of the maps attached at AT 1.





That Council adopt the maps attached at AT 1 to this Report for submission to the Department of Planning under section 68(9) of the Environmental Planning and Assessment Act 1979.







Michael Mason

Executive Manager

Environmental Services Division




AT‑1 View

DLEP 2008 Floor Space & Height Maps

2 Pages


AT‑2 View

Department of Planning letter of 13 May 2009

1 Page


AT‑3 View

Schedule of Map Amendments

1 Page