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Agenda

Ordinary Council Meeting

15 June 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 15 June 2009 commencing at 6:30pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Ian Longbottom. Councillors are entitled to one vote on a matter. If votes are equal, the Chairperson has a second or casting vote. When a majority of Councillors vote in favour of a Motion it becomes a decision of the Council. Minutes of Council and Committee meetings are published on Council’s website 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 15 June 2009

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

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

 

 

Confidential Items

 

1.       Open Space and Urban Services Division Report No. 28

SUBJECT: Tender for Grass Cutting Contract

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process.

Some information provided to council by tenderers is provided on the basis that council will treat it as commercial in confidence.  It is not in the public interest to reveal all details of these tenders or the assessment process. Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by council. The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to council’s decision.
 

 

public forum

 

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

 

 

CONFIRMATION OF MINUTES

 

2.      ORDINARY COUNCIL MEETING - 1 JUNE 2009

 

 

Orders Of The Day

 

3.       Order Of The Day No. 10

SUBJECT: Council and Committee Meeting Schedule - July 2009

 

Corporate Services Division Reports

 

4.       Corporate Services Division Report No. 32

SUBJECT: Greenwich Games Final Report

 

5.       Corporate Services Division Report No. 33

SUBJECT: Results of Consultation on the 2009-2012 Management Plan and Budget

 

Open Space and Urban Services Division Reports

 

6.       Open Space and Urban Services Division Report No. 29

SUBJECT: Draft Bush Fire Risk Management Plan

 

Environmental Services Division Reports

 

7.       Environmental Services Division Report No. 175

SUBJECT: 24-28 Lane Cove Plaza, Lane Cove

 

8.       Environmental Services Division Report No. 151

SUBJECT: 1-16 Duntroon Avenue, St Leonards - Section 96 Modification to Dwelling Configuration

 

9.       Environmental Services Division Report No. 157

SUBJECT: 1-16 Duntroon Avenue, St Leonards - Section 96 Modification - Section 94 Contribution

 

10.     Environmental Services Division Report No. 19

SUBJECT: Delegated Authority Report - May 2009

 

Human Services Division Reports

 

11.     Human Services Division Report No. 8

SUBJECT: Donation of Painting to Council for Addition to the Lane Cove Municipal Art Collection  

 

QUESTIONS WITHOUT NOTICE

 

 

 

               


Ordinary Council Meeting 15 June 2009

 

Order Of The Day No. 10

 

 

 

 

 

Reference:    Order Of The Day No. 10

Subject:          Council and Committee Meeting Schedule - July 2009    

Record No:    SU1915 - 19727/09

Author(s):       Ian Naylor 

 

 

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

 

July      4                      Inspection Committee

 

July      6                      Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

 

 

 

 

RECOMMENDATION

 

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

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

    


Ordinary Council Meeting 15 June 2009

 

Corporate Services Division Report No. 32

 

 

 

 

 

Reference:    Corporate Services Division Report No. 32

Subject:          Greenwich Games Final Report    

Record No:    SU2741 - 19859/09

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

The Greenwich Village Games were conducted by the Greenwich Village Games Organising Committee on behalf of Council.  The games were once again a success with over 1200 people participating. It is recommended that report be received and noted.

 

Background

 

The Greenwich Village Games are conducted by a Council Committee, the Greenwich Village Games Organising Committee, which was constituted as an official Council Committee in 2004.  The Games are a community run event with some 20 events conducted over a weekend, which are conducted on a cost neutral basis.

 

Discussion

 

The 2008 Games were conducted over the weekend of 5 -7 December, 2008. The majority of events (including Revue) were held at Bob Campbell Oval, Gore Creek Reserve, and swimming was held at Lane Cove Aquatic Centre.

 

There were 1,210 participants registered to compete in events. It is estimated there were between 1500-1900 people in the Revue audience on Saturday night.

 

The games operated at a surplus of approx $6,275 after expending some $3,500 on power upgrades at Bob Campbell Reserve.

 

Red Cross first aid officers were in attendance for the duration of the Games (including Revue) and no major injuries were reported.

 

The final report and accounts from the Committee are included as AT-1 for information.

 

 

RECOMMENDATION

 

That the Greenwich Games Final Report be received and noted.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

2008 Greenwich Village Games - Final Report

22 Pages

 

 

 


Ordinary Council Meeting 15 June 2009

 

Corporate Services Division Report No. 33

 

 

 

 

 

Reference:    Corporate Services Division Report No. 33

Subject:          Results of Consultation on the 2009-2012 Management Plan and Budget    

Record No:    SU3529 - 19866/09

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

This report advises that following public exhibition and receipt of six web surveys and three written submissions, Council can now proceed to adopt the Management Plan, Budget, for 2009 – 2012 and the Fees and Charges for 2009 - 2010, with a number of minor amendments.

 

Background

 

Council at its meeting of 4 May 2009, considered Corporate Services Division Report no. 23, Draft Budget and Management Plan 2009 - 2012 and resolved that:-

 

1.        Council adopt for the purpose of public exhibition, the Draft Budget for the year to 30 June 2009 to 2012, Draft Management Plan for 2009 to 2012 and Draft Fees and Charges 2009/10; subject to the amendments outlined in the further report and correcting typographical errors identified by Councillors.

 

2.         Council proceed to public exhibition as per the consultation strategy outlined in the report;

 

3.         Following public exhibition, the Draft Management Plan, Draft Budget and Draft Fees and Charges together with any submissions received, be considered at the Council meeting to be held on 15 June 2009.

 

4.         The Staff be thanked for their efforts in preparing the budget in difficult financial times.

 

Discussion

 

Consultation Process

 

Prior to exhibition the changes outlined in the resolution were implemented. Consultation was undertaken up until 9 June 2009 as per the consultation strategy outlined in the previous report. It included:-

 

·     static public exhibitions at the Council Administration Centre and Libraries;

·     an email to all registered members of the community interested in any matter Council consults on;

·     a website exhibition and survey;

·     a Media Release was issued; and

·     colour public notice in the North Shore Times.

 

 

Consultation Results

 

Council received five web surveys and three written submissions. Full copies of the submissions have been circulated separately to Councillors.

 


Web Survey 1

 

“Construction of meeting house scheduled for Dec 2010. No revised plans have been presented to community for further comments. No support for building of apartments on top of new childcare / community centre as last proposed. Further communication with community is required at a minimum. Height and look of building for street-scape was inappropriate and not acceptable.”

 

Comment

 

Extensive consultation on the Meeting House project was undertaken in the preparation of the Development Application, with the issues identified being addressed.  This consultation included meetings with neighbours, and two on-site meetings with the community. 

 

The development application was notified in accordance with Council's policy.  Matters raised by the Independent Assessor have been addressed and his final assessment will be made on gazettal of the LEP 2009.

 

The inclusion of residential units within the development provides the majority of funding for the new neighbourhood meeting house and 40 place long day child care centre.  The building has been architecturally designed by MCA Architects, noting that the parapet level of the proposed building is approximately 1m below the ridge line of the adjacent residential flat building. 

 

Web Survey 2

 

“Despite extensive community consultation and obtaining two expert reports recommending the construction of a multi-purpose cultural centre in Lane Cove this proposal appears to have been dropped from council's agenda probably through lack of available finance.

 

Willoughby Council has sought funding from the Rudd government's stimulus package to pay for its new concert halls and I can't understand why Lane Cove has not made a similar application for funding for a new multi-purpose cultural centre. This centre is badly needed by Lane Cove's community groups and the opportunity to obtain Commonwealth Govt. funding might never happen again.”

 

Comment

 

Council resolved in June 2008 not to proceed with investigating the feasibility of building a multi-purpose cultural centre as the projected cost was in the order of between $18 million and $24 million capital cost with a minimum recurrent cost of between $304,000 to $565,321 per annum. Council decided to investigate other actions that could be undertaken to meet the needs of its cultural groups.

 

The Rudd Stimulus grant program was based on being able to demonstrate projects ready to commence. The cultural centre did not fit into the grant program as no detailed plans were available or could be produced within the timescales available, both for grant submission and more importantly for commencing construction.

 

Web Survey 3

 

“It is good to see the provision of new bicycle infrastructure mentioned under "our built environment" since the management plan was developed council has formally approved the $4m. Bicycle plan for lane cove. The $50,000 currently included in the draft budget from council funds falls well short of a serious commitment to the early implementation of the plan.

 

Council's website states that the sustainability levy is "specifically for new sustainability projects" and "will not be used to fund council's day to day activities".

Some of the projects listed (e.g. Village graffiti reduction) would rank very lowly as "new sustainability projects". On the other hand, the new works in the approved bicycle plan would score highly on environmental, climate change, energy, social / cultural and economic criteria. An initial allocation in 2009/10 for new bicycle facilities from the $925,000 sustainability funds on offer is warranted.

 

Since the draft budget was developed council has formally approved the $4m. Bicycle plan for lane cove. Irrespective of what funding may be forthcoming from other sources, the $50,000 included in the draft budget for 2009/10 from council funds is inadequate. This is a major new works program which necessitates a substantial financial commitment if serious progress is to be made.”

 

Comment

 

Council's Budget Estimates for the 2009/2010 year were prepared in mid March 2009. At this time the Lane Cove Bicycle Plan had not been adopted. As a result the budget review panel decided to provide the level of bicycle funding at $50,000. The Sustainability Advisory Committee did not include additional projects for bicycle infrastructure for the 2009/2010 budget but they will be considered in the 2010/2011 budget. Over time it will also be possible to utilise S94 funds and funds derived from Council’s Major Projects Strategic Plan for cycle paths into the future. Given Council’s many priorities, additional funding sources will also be needed and Council has now made applications for additional funding for bicycle infrastructure to the RTA and the Commonwealth Infrastructure Program. A response from these organisations is expected in mid June to July 2009. It should also be noted that some projects recommended in the Bicycle Plan will be incorporated and funded under other traffic projects in 2009/2010, including River Road West improvements and the 40km/h speed restriction in the village.

 

Web Survey 4

 

“Satisfied with Management Plan Actions”

 

 Web Survey 5

 

“Very Satisfied with Management Plan Actions. I am impressed by the breadth and comprehensiveness of the plan, which seems to cover as many aspects of our community needs as we could expect and hope for from our Council.

 

From an individual point of view I believe the Budget and Fees are satisfactory and reasonable.”

 

Submission from RASAD

 

1.         Concern about the funding of Graffiti Removal under the Sustainability Levy.

2.         Concern about the funding of the Retail Sustainability Strategy under the Sustainability Levy.

 

Comment

 

Economic is a head of consideration in accepted definitions of Sustainability. The 2005 World Summit Outcome Document, referred to the "interdependent and mutually reinforcing “pillars" of sustainable development as economic development, social development, and environmental protection. The Universal Declaration on Cultural Diversity (UNESCO, 2001) elaborates further the concept by stating that "...cultural diversity is as necessary for humankind as biodiversity is for nature”; it becomes “one of the roots of development understood not simply in terms of economic growth, but also as a means to achieve a more satisfactory intellectual, emotional, moral and spiritual existence". In this vision, cultural diversity is the fourth policy area of sustainable development.

 

Graffiti Removal has been included in the Levy from Year 1. Council maintains a budget for removal on its own property, however, the Sustainability Levy funds provide for removal from private properties within the Village.

 

The Retail Sustainability Strategy has been included as it improves local economic vitality. Being able to shop local means less transport is required and social capital is fostered. These “economic” actions improve the village for everyone and improve the sustainability of our community.

 

3.         Concern why Council is considering spending $40,000 on a Lane Cove MasterPlan when the Structure Plan and the Draft LEP should cover this area adequately.

 

Comment

 

Council has developed a Draft Lane Cove MasterPlan for alterations to the Plaza area. The $40,000 was included to undertake public art as part of the MasterPlan implementation. Council has now deferred consultation on the draft until after the opening of the Market Square Development. Implementation of this will therefore be delayed, and consultation is currently in progress for the Public Art Strategy and MasterPlan. A further report on the Public Art Strategy and MasterPlan will be considered in November 2009 with scheduling to be confirmed at that time.

 

4.         Seeking confirmation that any inclusion in the Library Sustainability initiatives are for items over and above the normal and not for the whole item itself.

 

Comment

 

This is correct, Council has only charged to the Levy any sustainability component. For example, the extra price of an energy efficient lift compared to a normal lift.

 

5.         Concern about the reference in the Management Plan and Budget to “Construct the Austin Street Multi Deck Carpark, it should be described as “Contribution to Woolworths of part of the costs of the Market Square carparking”.

 

Comment

 

The suggested change is acceptable as it provides clarity to Council’s role.

 

Submission from the Lane Cove Bushland and Conservation Society

 

1.         Urging “Council to allocate funds in this budget - not sometime in the future - to provide signs for bushland walking tracks and indicating dog leashed/unleashed areas”.

 

Comment

 

When costing the signage for bushland areas it was found to be prohibitively expensive. As a result it was decided to develop a more cost effective signage strategy over the next year. In the interim Council will be installing signs in parks where there are leash free zones for dogs and pictogram signs for all entrances into Council's bushland reserves in this financial year (2008-2009).

 

2.         Concern at the at the reduction of monies allocated to “the major reserves of Batten, Gore Creek, Lovetts, Bushland Park to Osborne Park, Stringy Bark Creek and a major reduction to Warraroon Reserve.”

 


Comment

 

There has been no reduction in overall bushland budget. The money in the bushland areas has been redistributed from the larger bushland reserves that have had a long history of regeneration to those reserves which are in poorer condition.

 

3.         Concern about the funding of the Retail Sustainability Strategy by the Sustainability Levy.

 

Comment

 

Refer to the Comment on Point 2 of the RASAD submission above.

 

Submission from R Noone

 

1.         “I understand a GAP has still not been finalised despite funds allocated for these actions last year. Have last year’s budgeted funds been held over to this year? When will GAP be finalised? Will it include a Carbon Audit of both Community and Council greenhouse gas emissions (GGEs)? Without this information, estimates of what money should be allocated to these important actions are surely pure guesswork. Yet this is perhaps the Council’s most critical strategy if it is to reach its GGE targets set as part of its commitment to ‘Cities for Climate Protection’. “

Comment

 

            A carbon audit has previously been completed, and with this information Council adopted a 50% greenhouse gas reduction target.  Council is currently working on an Alternative Energy Roadmap that will guide Council in achieving its emissions reduction target.  This project has taken priority as the ‘Cities for Climate Protection’ program is no longer running.

2.         Seeking confirmation that any inclusion in the Library Sustainability initiatives are for items over and above the normal and not for the whole item itself.

Comment

 

This is correct, Council has only charged to the Levy any sustainability component. For example, the extra price of an energy efficient lift compared to a normal lift.

 

3.         Concern about the cost of supplying 100% Green Power to Administration Centre doubled since last year. Indicates accepted practice now adheres to an energy hierarchy that prioritises: energy conservation, energy efficiency, Investment in renewables and offsetting residual emissions only.

Comment

 

The Greenpower budgeted costs for 09/10 have increased significantly because (a) the new Library which is a significantly larger building will be coming on line during 09/10, and (b) Council’s contract rates for GreenPower, as for all users, have increased significantly. Please note that even though the new Library is 3 times the size of the current Library, energy usage is only anticipated to double. Council recognises the energy hierarchy and as such is currently working on an Alternative Energy Roadmap which focuses on energy conservation, energy efficiency and renewables.

4.         Concern $75,000 has been allocated to program management and education this. There is also $39,190 allocated to a Communication Plan and $35,000 to an Education Plan (EEP): a total of almost $150,000. This is a significant amount of the Sustainability Levy.

Comment

 

Council views education and communication as key strategies in working with our community to improve overall sustainability.  These areas have been significantly under-funded (or not funded at all) in previous year’s and hence Council is committed to adopting best practice and ensuring these plans are fully resourced and funded. Council agrees that we need to spend more time and resources to increase our funding from grants and as part of their role, the program manager will research, track and apply for applicable grants.

 

5.         Concern about the Community Energy and Water Efficiency budget. “Reducing Community GGEs can be achieved by education and changing people’s behaviour. Home energy audits are a great way to do this.

Comment

 

The Federal Green Loans scheme is scheduled to commence on 1 July 2009 which provides free home sustainability assessment reports along with a loan subsidy to implement the recommended actions. The marketing and communication of initiatives and rebate schemes such as these to the community will be included as part of the Communication Plan.

 

6.         Suggests Awards and Community Grants Program should be done as part of the regular Council awards ceremony.

Comment

 

It is Council’s intention to give greater recognition and relevance to the community’s sustainability efforts, and as such the expanded sustainability awards will presented as part of the Council’s ‘World Environment Day’ event and acknowledged within Council’s regular awards ceremony.

 

7.         Concern about funds Little Lane and Meeting House EDS detailed scope.

Comment

 

Council has/will only charge to the Levy any sustainability component, including possible co-generation and/or district distribution for the Little Street project. Improving sustainability at the design/construction stage of a building is considered to preferable to retrofitting.  Sustainability Levy funds will be used to improve the sustainability of these developments over and above what would otherwise be the case and will link into the Alternative Energy Roadmap. The Council is committed to funding sustainability initiatives across all sustainability goals and planning themes.

8.         Concern why Council is considering spending $40,000 on a Lane Cove MasterPlan and

Comment

 

Refer to the Comment on Point 3 of the RASAD submission above.

 

 

9.         Concern about the funding of the Retail Sustainability Strategy by the Sustainability Levy.

Comment

 

Refer to Comment of Point 1 and 2 of the RASAD submission above.

 

10.       Supporting the need for the Sustainability Action Plan (SAP) Review and suggesting it be “undertaken after a carbon audit and the GAP have been formulated to ensure a clear understanding of Lane Cove’s carbon footprint and the distance still to go towards achieving our GGE reduction targets”.

Comment       

 

Refer to the Comment on Point 1 of the R Noone submission above. Following an internal review of the SAP, it is envisaged that a report will be presented to the Sustainability Advisory Committee for review and comment.

 

11.       Concern that Council’s funds do not concentrate enough on ecological sustainability and citing Willoughby Council focus on ecological sustainability.

Comment

 

Lane Cove has accepted the definition of Sustainability from the 2005 World Summit Outcome Document, which referred to the "interdependent and mutually reinforcing pillars" of sustainable development as economic development, social development, and environmental protection. Balance between the facets is the key. Lane’s Cove Environmental Protection credentials are already at a high standard and Council’s broad range on sustainability initiatives ensures the issue.

 

Management Plan

 

No changes other than the comment raised in the submission from RASAD are proposed from the Draft Management Plan. As a result of budget changes outlined below, the financial information included in the plan will need to be updated accordingly.

 

Fees and Charges

 

The following changes are proposed to the Draft Fees and Charges for 2009 - 2010.

 

Council at its meeting of 18 May 2009 considered a report in relation to the Local Government Filming Protocol. As a result the following changes to the Fees and Charges for filming are proposed (all charges are inclusive of GST):-

 

New

Commercial Filming Low

$110

New

Commercial Filming Medium

$330

New

Commercial Filming Medium

$550

New

Traffic Control Assessment Low Activity

$110

New

Traffic Control Assessment Low Activity

$330

New

Traffic Control Assessment Low Activity

$550

Delete

Commercial Filming (per half day)

$825

Delete

Commercial Filming (per day)

$1650

Delete

Educational Films  (per day)

$110

 

Council will also introduce a 1% charge of credit card payments (Visa and Master Card).

 

Budget

 

Since preparation of the original Draft Budget, the following changes to the budget are recommended.

 

Council resolved on 20 April, 2009 to withdraw the Village Express Bus Service Route B from 1 July 2009 and investigate alternative arrangements for Route A. Council staffs have arranged a meeting in June with the CEO of Lower North Shore transport to explore options for flexible transport for the elderly and disabled only.  Options for Community Aid and Meeting House Community Transport will also be explored if necessary. To provide for the continuation of Route A in the interim period until an alternative service is introduced, $10,000 will need to be added to the Program 12.1, “Financial Assistance”.

 

Council also approved additional Financial Assistance Grants of $1550 which increases the total for Program 12.1, “Financial Assistance” to $409,545.

 

The Federal Government recently announced changes to the proposed Carbon Pollution Reduction Scheme including the removal of liability for legacy emissions from landfill sites from July 2008 until the commencement of the scheme. As a result the $140,000 that was included in Program 9.2, “Household Garbage Collection - Carbon Pollution Reduction Scheme" will not be required for 2009/10.

 

The overall impact on the operating result is reduction in the deficit, to $104,214.

 

Fixing of Rates and Charges

 

Council has indicated in the Draft Management Plan its intention to levy two (2) Ordinary Rates - an Ordinary Residential Rate on the Land Value of all Rateable Land categorised as Residential and an Ordinary Business Rate on the Land Value of all Rateable Land categorised as Business; and one Special Rate - a Parking Special Rate on Business premises in Lane Cove (as per metes and bounds description).

 

Council’s Revenue Policy for 2009-2012 provides for a rating structure that is based on an ad valorem (rate in the dollar) with a minimum Rate. These Rates were advertised in the draft Management Plan. The rate to be levied will be calculated on the land value of the land as determined by the Valuer General base dated 1 July 2007.

 

Since the exhibition of the Management Plan, Council has received additional supplementary valuations from the Valuer General. These new valuations have been supplied as a result of new subdivisions, strata titling of properties, valuation objections, and re-ascertainment of valuations and must be used for levying rates in 2009/2010. 

 

 

RECOMMENDATION

 

That:-

 

1.   The Management Plan (including the Fees and Charges), as amended by the report, for the period July 2009 to June 2012 be adopted;

 

2.   The Budget, as amended by the report, for the period July 2009 to June 2012 be adopted;

 

3.   Council fix the Ordinary Rates and Charges for 2009/2010 as follows:-

 

            (a) Ordinary Rates

i.   an Ordinary Residential Rate, of .175635 cents in the dollar be made for the year 2009/2010 on the Land Value of all rateable land in the Local Government Area categorised as Residential in accordance with S.516 of the Local Government Act 1993, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $443).

 

ii.  an Ordinary Business Rate of 0.724517 cents in the dollar be made for 2009/2010, on the Land Value of all rateable land in the Local Government Area categorised as Business, in accordance with S.518 and S.529 of the Local Government Act 1993, with a Minimum Rate of $660.

 

iii.  Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to that part of the Local Government Area as defined by the metes and bounds description as advertised in the North Shore Times on 13 June 1979, that a Parking Special Rate, of 0.180368 cents in the dollar be made for 2009/2010 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00.

 

(b) Domestic Waste Management Charges

 

i.   in accordance with S.496 of the Local Government Act 1993, that an annual charge of $345.00 per annum be made for the year 2009/2010, for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service;

 

ii.  in accordance with S.496 of the Local Government Act 1993, that an annual charge of $104.00 per annum be made for the year 2009/2010, for Domestic Waste Management Services for all properties categorised residential vacant land;

 

iii.  in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $5.04 per service  ($262 per annum) be made for the year 2009/2010, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service);

 

iv. in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.63 per service ($345 per annum) be made for the year 2009/2010, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to residential properties other than single occupancy residential properties;

 

v.  in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.63 per service ($345 per annum) be made for the year 2009/2010, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable  properties;

 

vi. in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.63 per service ($345 per annum) be made for the year 2009/2010, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

 

 vii. in accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $4.00 per fortnightly service ($104.00 per annum) be made for the year 2009/2010 for each extra recycling service to single residential dwellings.

 

            (c) Interest on Overdue Rates and Charges

 

i.   In accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2008 to 30 June 2009 to all outstanding rates and charges be calculated at the maximum interest rate of 9.0% as specified by the Minister for Local Government.

(d) Stormwater Management Service Charge

 

i.   In accordance with the Local Government (General) Amendment (Stormwater) Regulation 2006 under the L.G Act 1993 annual charges for the year 2009/2010 for Stormwater Management Services be made and levied as follows:

 

- All parcels of vacant land                            - Nil $ charge

- All Residential Strata Units                         - $12.50 per unit

- All Residential Non Strata Properties         - $25.00 per property

- All Business Strata Units and Properties    - $25.00 per unit or property

 

4.       The people who made submissions be provided with a copy of this report and be advised of Council’s decision.

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 15 June 2009

 

Open Space and Urban Services Division Report No. 29

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 29

Subject:          Draft Bush Fire Risk Management Plan    

Record No:    su2213 - 19477/09

Author(s):       Susan Butler 

 

 

Executive Summary

 

Lane Cove Council is a member of the Willoughby, Ryde, Hunters Hill and Lane Cove Bush Fire Management Committee (BFMC). As required under the Rural Fires Act 1997, the Committee has prepared its draft Bush Fire Risk Management Plan (BFRMP) to a stage ready for public exhibition.

 

Background

 

The Rural Fires Act requires each district Bush Fire Management Committee (BFMC) to prepare and submit to the Bush Fire Co-ordinating Committee for approval a draft Bush Fire Risk Management Plan (BFRMP). A copy of the Draft Plan has been circulated separately to Councillors.  This Plan must be reviewed and updated within each successive five-year period from the constitution of the district Committee. The previous Plan was adopted in 2005.

 

The BFRMP is a strategic level document which:-

 

·     identifies the level of bush fire risk across the BFMC area;

·     records treatment strategies identified by the BFMC which will be implemented to manage the bush fire risk; and

·     identifies the fire fighting authorities, land managers or agencies responsible for implementing the treatment strategies.

 

The aim of a BFRMP is to minimise the risk of adverse impact of bush fires on life, property and the environment.

 

The objectives of the BFRMP are to:-

 

·     reduce the number of human induced bush fire ignitions that cause damage to life, property and the environment;

·     manage fuel loading to reduce the rate of spread and intensity of bush fires while minimising environmental/ecological impacts;

·     reduce the community’s vulnerability to bush fires by improving its preparedness; and

·     effectively contain fires with the potential to cause damage to life, property or the environment.

 

Discussion

 

The Willoughby, Ryde, Hunters Hill and Lane Cove Bush Fire Management Committee has prepared its draft Bush Fire Risk Management Plan (attached electronically as AT-1) in line with the requirements set out in Section 52 of the Rural Fires Act 1997.

 

 The draft Plan is now ready for public exhibition as required by the Rural Fires Act 1997. The plan will be exhibited in all four Local Government areas concurrently for a period of not less than 42 days. It is intended that the draft BFRMP is put on public exhibition from Monday 29 June 2009 to the Monday 10 August 2009. Advertisements will be placed in the local papers that cover the four Local Government areas and will be in line with the requirements set out in Section 52 of the Act.

 


Members of the public are invited to comment on the plan by providing submissions in writing, that are as detailed and specific as possible. Prior to finalising the plan, the district Committee must consider any submissions that have been received and prepare a review for consideration by the Bush Fire Co-ordinating Committee. If significant changes are made to the plan after public exhibition, the draft BFRMP will need to be placed on further exhibition.

 

Community Consultation

 

Statement of Intent

 

The consultation is designed to determine if there are any necessary modifications to be made to the draft Bush Fire Risk Management Plan. Any comments received will be reviewed and evaluated by the district Bush Fire Management Committee to determine whether there are any changes to be made to the Plan prior to its consideration by the Bush Fire Co-ordinating Committee.

 

Method

 

Draft Policy

Level of Participation

Inform

Involve

Consult

Form of Participation

Open

Open

Open

Target Audience

Lane Cove Community

Key message givers e.g. Presidents of local resident associations and Bushland Management Advisory Committee

Lane Cove Community

Proposed Medium

Advertisement in the North Shore Times, Public exhibition and Community newsletters

Email and Letters

Website Exhibition and Survey; Enewsletter and letters to residents associations

Indicative Timing

Public exhibition from 29 June to 10 August 2009

Starting 29 June

Starting 29 June

 

Conclusion

 

The draft Bush Fire Risk Management Plan has been prepared in line with the requirements set out in Section 52 of the Rural Fires Act 1997. As outlined in the Act, it will be on public exhibition for a period of 42 days from Monday 29 June 2009 to Monday 10 August 2009. Advertisements will be placed in the local papers that service the four Local Government areas.

 


 

RECOMMENDATION

 

That:-

 

1.   Council adopt the Draft Bush Fire Risk Management Plan 2009 for the purposes of public exhibition.

 

2.   The Draft Bush Fire Risk Management Plan 2009 be placed on public exhibition for 42 days as required under the Rural Fires Act 1997, in accordance with the Consultation Strategy outlined in the report.

 

3.   A further report be submitted to Council following the exhibition period to consider the results of the community consultation.

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

Draft Lane Cove Council Bush Fire Risk Management Plan

1 Page

Circulated Separately

 

  


Ordinary Council Meeting 15 June 2009

 

Environmental Services Division Report No. 175

 

 

 

 

 

Reference:    Environmental Services Division Report No. 175

Subject:          24-28 Lane Cove Plaza, Lane Cove    

Record No:    DA07/272-01 - 19931/09

Author(s):       Michael Mason 

 

 

Property:                                 24-28 Lane Cove Plaza, Lane Cove

 

DA No:                                     D272/07

 

Date Lodged:                          8 May 2009

 

Cost of Work:                          Not applicable

 

Owner             :                                   Fabcot Pty. Ltd. and Lane Cove Council

 

Author:                                     LandPartners Limited (Brad Roeleven, Senior Planner)

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

To clarify and detail the western elevation of the approved gymnasium not detailed sufficiently in submitted plans.

ZONE

Under Lane Cove Local Environmental Plan 1987 the subject land is zoned Part 3(a) Business General, Part 5(a) Special Uses and Part unzoned road

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

Yes

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 9b

STOP THE CLOCK USED

No

NOTIFICATION

Not applicable

 

REASON FOR REFERRAL:

 

This matter is referred to Council as the application relates to land in which Council has an interest as owner, and also noting the on-going community interest in the Lane Cove Market Square (LCMS) redevelopment.

 

EXECUTIVE SUMMARY:

 

The purpose of this application is to amend the list of architectural plans which comprise the approved drawings for DA 272/07 by identifying an additional drawing. Essentially this is a technical amendment only, and would not have been needed, had the omission of these details been identified at the time DA 272/07 was being considered. There are no actual changes to the building itself.  The new plan is A460 version B dated 5 May 2009.

 

The nature of this amendment falls within the scope of section 96(1) of the Environmental Planning and Assessment Act.

 

The application was notified and no submissions were received.

 

The application is recommended for approval.

 

BACKGROUND:

 

At its meeting on 20 December 2004 Council approved DA 246/04. The scope of works covered by that application comprised the demolition of all structures over the site, excepting the original 1924 Lane Cove Library building, and the construction of the Lane Cove Market Square (LCMS), a mixed used development containing:

 

·        A 3 level car park.

·        A supermarket associated administration area.

·        Specialty retail and an associated mall linking the Lane Cove Plaza with Longueville Road. 

·        A 2,549m2 extension to the existing Lane Cove Public Library.

·        10 residential apartments over 2 levels set above the retail ground level.

·        A new Link Road along the western boundary of the site, between Austin and Sera Streets   providing access to the new multi level car park.

·        Signage and landscaping.

 

Various modifications to that consent were subsequently granted by Council at meetings on 18 April 2005, 17 October 2005 and 3 December 2007.

 

An appeal to the Land and Environment Court challenging the validity of Council’s approval of DA 246/04 was dismissed in August 2005. A subsequent appeal of that judgment, to the Supreme Court, lead to the original consent being suspended while Council considered a separate development application for the construction of a new drop-off lane in Austin Street for Lane Cove Public School. That application was approved by Council at its meeting on 17 July 2006, following which the Land and Environment Court re-granted consent to DA 246/04.

 

The upper level residential apartments of the LCMS were subsequently replaced by a gymnasium via Development Application 272/07 approved on 17 December 2007.

 

DA272/07A, proposing various modifications to the approved gymnasium element of the LMCS, was deferred by Council at its meeting on 20 April 2009 and subsequently determined on 18 May 2009.

 

It is noted that the additional drawing the subject of this application has, to the extent necessary, been updated to also be consistent with the plans the subject of DA 272/07A. This primarily means that certain external finishes, no longer in production, have been substituted for an alternative material. Other amendments are the consequence of fine tuning of the design details to reflect construction requirements or to satisfy the Building Code of Australia.   

 

PROPOSAL:

 

During the course of the assessment of DA 272/07 the applicant agreed to increase part of the rear setback of the gymnasium from Council Lane, and to also modify the design to provide greater detailing to the western elevation to improve the articulation and visual interest of that element of the building. These changes are described in drawing GSK-01 which formed part of the package of architectural drawings approved in the consent ultimately granted to DA 272/07. 

 

An inadvertent omission at that time was the need to also revise the eastern and southern elevations of the gym building to ensure a consistent and integrated outcome for the building. The purpose of this application is to resolve that omission by formally amending the list of approved architectural plans for DA 272/07 to include an extra drawing. This will ensure that the consent notice comprises a complete set of drawings necessary to reflect the entire building.

 

COMPLIANCE WITH PLANNING CONTROLS AND POLICIES

 

Environmental Planning and Assessment Act 1979

 

Section 96 of this Act prescribes requirements for considering various types of modifications to development consents.

 

Section 96(1) allows for Council to modify a development consent to correct a minor error, misdescription or miscalculation. In such circumstances the Act dispenses with the need to evaluate compliance with statutory planning controls, or to undertake public consultation. This is appropriate given the limited circumstances in which section 96(1) can be applied.

 

The purpose of this application is considered to fall within the scope of section 96(1) of the Act, as it seeks only incorporate into the consent notice a drawing that should necessarily form part of the approved set of architectural plans. This drawing describes previously agreed design outcomes. There are no actual changes to the building itself.

 

It is only due to an oversight that these details were not provided at the time DA 272/07 was determined. Reasonably this application should therefore be seen as a technical amendment only, as it would not be necessary had this circumstance been identified at the time DA 272/07 was considered.

 

NOTIFICATION

 

The application was notified and no submissions were received.

 

CONCLUSION

 

The purpose of this application is to amend the list of architectural plans which comprise the approved drawings for DA 272/07 by identifying an additional drawing within the consent notice. Essentially this is a technical amendment only, and would not have been needed, had the omission of these details been identified at the time DA 272/07 was being considered.

 

The nature of this amendment falls within the scope of section 96(1) of the Environmental Planning and Assessment Act. It is likely that a minor matter such as this would usually be determined under delegated authority of Council’s officers, however in this instance it is proper that the matter be determined by Council.

 

The application is recommended for approval.

 

 

RECOMMENDATION

 

That pursuant to Section 96(1) of the Environmental Planning and Assessment Act 1979, as amended, the Council grants consent to modify Development Application 272/07 for the construction of a two storey addition for the purposes of a club (gymnasium) in the place of two levels of CBD housing within the Lane Cove Market Square complex, subject to the following condition:

 

 

A.      Condition1 is amended and is now to read:

 

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 in the following drawings prepared by BN Group Pty Ltd:-

 

Drawing No.

Title

Date

Revision

GSK-01

Link Road/western elevation

-

-

A460

External elevations

5 May 2009

B

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 15 June 2009

 

Environmental Services Division Report No. 151

 

 

 

 

 

Reference:    Environmental Services Division Report No. 151

Subject:          1-16 Duntroon Avenue, St Leonards - Section 96 Modification to Dwelling Configuration    

Record No:    DA06/55-01 - 17063/09

Author(s):       Rajiv Shankar 

 

 

Property:                     1-16 Duntroon Avenue, St Leonards

 

DA No:                         DA06/55 – Third Section 96 Modification.

 

Date Lodged:              11 April 2009

 

Cost of Work:              $101 557

 

Owner             :                       Australand

 

Author:                         Rajiv Shankar

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Section 96 modification to DA06/55 seeking to vary the dwelling configuration for Stage 2 – Buildings C and D to increase the number of 1 bedroom dwellings from 37 to 69 and decrease the number of 2 bedroom dwellings from 58 to 36.  The number of 3 bedroom dwellings (11) remains unchanged.  A total of 195 dwellings are propose, which is an increase of 10 dwellings.  The proposal includes some minor changes to the building elevations and footprint.  An additional 13 car spaces are proposed.

ZONE

Residential 2(a1)

Subject to site specific provisions contained in Clause 19I of Lane Cove Local Environmental Plan 1987 (pursuant to State Environmental Planning Policy No. 53 – Metropolitan Residential Development – Amendment No. 6)

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

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                 2,1/2 ,2/2, 3/2, 4/2, 5/2, 6/2, 3, 5, 7, 9,  11, 13, 15, 17, 19, 21, 23, 25,27, 27A, 29, 31, 33, 35, Canberra Av, 566 Pacific Hwy, 12, 14 Holdsworth Ave, 68/50 Oxley St, 1/47, 4/47, 7/47, 81/47, 4/13-15, 17  Lithgow St, 8/104 Shirley St, 19 Marshall Ave, 25/11-17 Selwyn St, 12A/18 Boronia St, 14 Park Rd,

Ward Councillors       Clr I Longbottom, Clr K Mcilroy, Clr W Gaffney, Clr A Smith, Clr S Forrest, Clr R Tudge, Clr S Bennison, Clr D Brooks-Horn, Clr P Palmer,

Progress Association:              Greenwich Community Association, St   

                                      Leonards – Wollstonecraft Progress

                                      Association.

Other Interest Groups:  North Sydney Council.

 

REASON FOR REFERRAL:

 

The application is referred to the Council because the original application and subsequent amendments were determined by Council.

 

EXECUTIVE SUMMARY:

 

·     The original development was approved by Council at its meeting of 19 June 2006 and has been modified on 15 September 2008 and 15 December 2008.  The original development provided for a total of 185 dwellings, being 79 dwellings in Stage 1 and 106 dwellings in stage 2.  Stage 2 as approved, contains 37 x 1 bedroom dwellings, 58 x 2 bedroom dwellings and 11 x 3 bedroom dwellings.

 

·     The application is a section 96 modification seeking to amend DA06/55 as follows:-

 

Internal reconfiguration of the dwellings to stage 2, being building C & D of the proposed development.

 

Increase in the number of one bedroom dwellings from 37 to 69 dwellings which includes one adaptable dwelling.  This is an increase of 32 dwellings.

 

Reduction in the number of 2 bed room dwellings from 58 to 36 dwellings.  This is a reduction of 22 dwellings.  The total number of the dwellings in the overall development increases by ten (10) from 185 to 195 dwellings.

 

Increase in the total number of car parking spaces by thirteen (13) from 213 to 226 spaces. Twelve (12) of the proposed additional spaces would be residential spaces (including one accessible space). One (1) additional space would be a visitor’s car space.

 

Some minor changes to the building envelope with some additional area provided to some dwellings and the provision of additional balconies, there are also areas where the building is reduced and overall, the building is reduced in floor space by 9sqm and the total floor space ratio (FSR) remains unchanged.

 

The percentage of the site area occupied as building zones remains unchanged.

 

·     A total of twenty two (22) submissions have been received which primarily relate to the increase in the number of one bedroom apartments and concerns that the proposal would result in an increase of parking and traffic.

 

·     The application is supported and recommended for approval.

 

BACKGROUND:

 

The site was the subject of a site specific rezoning called in by the Minister for Planning and effected through an amendment (Amendment No. 6) to State Environmental Planning Policy No. 53 – Metropolitan Residential Development in 2002.  Amendment No. 6 inserted site specific controls into the Lane Cove LEP 1987 (Clause 19I).

 

A previous development application for the site was considered by Council in 2003.  That application proposed the demolition of existing dwelling houses on the site and the erection of a residential flat building development comprising 4 buildings (Buildings A – D) of between 5 and 7 storeys in height containing 238 units and a floor space ratio of 2.33:1, with basement parking for 280 cars and associated landscaping and site works. 

 

That proposal was refused by Council in September 2003 and an Appeal to the Land and Environment Court (LEC) was subsequently dismissed.  The Appeal was dismissed principally for the reason that the proposal was determined to be ‘not of good design’ and did not satisfactorily address the design quality principles of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development.

 

An alternate proposal was submitted. The proposal included the following:

 

·     Demolition of existing dwelling houses and removal of all existing vegetation;

·     Construction of a residential flat development comprising 4 buildings (Buildings A- D) that are 5 - 7 storeys in height with a floor space ratio of 1.73:1;

·     A total of 186 dwellings (including 19 adaptable units) and basement parking for 214 vehicles (195 resident spaces and 19 visitor spaces);

·     Associated landscaping and site works;

·     Stratum lot and strata subdivision;

·     Civil works including new footpath, kerb, guttering on the frontage of the development site and new driveways to the subject site, 3 new pram ramps, disabled parking and set down zone and garbage pick-up zones and parking bay, landscaping and modification of the Duntroon Avenue and River Road intersection and the Duntroon Avenue and Canberra Avenue intersection.

 

The applicant undertook extensive consultation with the community, with Council and other relevant authorities during the preparation of the subject application.  Two community information days were held and an information phone line and web site were established.  A public meeting was held at the Council Chambers following the lodgement of this development proposal during the exhibition period. Twenty eight submissions were received and considered by Council in the determination of the proposal.

 

The application was approved by Council at its meeting of 19 June 2006.  On 10 July 2008 a section 96 modification was lodged to amend the consent to permit advertising signs and a sales office. The application was approved on 15 September 2008.

 

A second section 96 modification was lodged to increase the height of the lift overruns and internal alterations. The application was approved by Council on 15 December 2008.

 

A further section 96 modification has been submitted, and at this stage not determined, for a deferral of payments of the Section 94 contributions.

 

SITE:

 

The site is located on the eastern side of Duntroon Avenue and northern side of River Road.  The site is bounded to the east by the North Shore Railway line.  The site is long and relatively narrow.  It has an overall length of 250m and a width which varies between 35-50m.   It has an area of 10,179 m2

 

The site contains recently constructed Buildings A & B being Stage 1 of the approved development. The site is fenced with temporary security mesh fencing. 

 

 

PROPOSAL:

 

The proposal primarily includes amendments to the proposal which are as follows:-

 

·     Internal reconfiguration of the dwellings to stage 2, being buildings C & D.

 

·     Increase in the number of one (1) bedroom dwellings from 37 to 69 dwellings which includes one adaptable dwelling. This is an increase of 32 dwellings.

 

·     Reduction in the number of two (2) bed room dwellings from 58 to 36 dwellings.  This is a reduction of 22 dwellings.

 

·     The total number of the dwellings in the overall development would increase by ten (10) from 185 to 195 dwellings.

 

·     Increase in the total number of car parking spaces by thirteen (13) from 213 to 226 spaces. Twelve (12) of the proposed additional spaces would be residential spaces (including one accessible space). One (1) additional space would be a visitor’s car space.

 

·     Some minor changes to the building envelope with some additional area provided to some dwellings and the provision of additional balconies, there are also areas where the buildings are reduced and overall, Stage 2 is reduced in floor space by 9sqm and the total floor space ratio (FSR) remains unchanged.

 

·     The percentage of the site area occupied as building zones remains unchanged.

 

The proposed modification to the mix of the apartments is outlined in the table below:

 

 

Approved Scheme

Proposed modifications

 

1Bed

2Bed

3Bed

1Bed

2Bed

3Bed

Stage 1

24

46

9

24

46

9

Stage 2

37

58

11

69

36

11

Subtotal

61

104

20

93

82

20

%

33%

56%

11%

48%

42%

10%

Total

185

195

 

To facilitate the above, the applicant is seeking to amend a number of the conditions of the existing development consent. The amendments to conditions have been listed below:

 

Description of the Proposal

 

The original approval (DA55/06) would be amended for demolition of 14 dwelling houses and 2 semi-detached dwellings and the erection of a residential flat building development comprising 4 buildings of between 5 – 7 storeys, containing 185 195 dwellings, basement parking for 213 226 vehicles, landscaping and site works.  Stratum lot and strata subdivision.  Civil works in Duntroon Avenue. 

 

Officer’s Comment

 

The change to the description of the proposed development reflects the proposed modification of the total number of dwellings and car parking spaces provided.

 


Amendment of Condition 1

 

Condition 1 of consent (DA55/06) would, if approved, be amended as follows:-

 

That the development be strictly in accordance with the plans drawn by Allen Jack & Colliers and numbered: DA0001-09, DA1001-05, DA1002-09, DA1003-12, DA1004-04, DA1005-13, DA2003-25, DA2004-29, DA2101-27, DA2102-32, DA2103-16, DA2104-23, DA2105-14, DA2106-19, DA2107-14, DA2108-20, DA2109-14, DA2110-20, DA2111-14, DA2112-20, DA2113-13, DA2114-16, DA2601-05, DA2602-05, DA2603-05, DA2901-11, DA2902-12, DA3102-13, DA3103-13, DA3104-17, DA3105-17, DA3201-11, DA3202-15, DA3203-12, DA3204-07, DA3205-04, DA5502-03, and  the Statement of environmental Effects prepared by JBA as amended by the Section 96(2) application and all other supporting documentation and strata plans.


Officer’s Comment    

 

This is considered satisfactory as it reflects the amended plan numbers for the proposed changes to Building C & D that are subject of the section 96 modification.

 

Amendment of Condition 43

 

Condition 43 of consent (DA55/06) would, if approved, be amended as follows:-

 

Provision of 19 20 adaptable units.  The development is to provide 19 20 adaptable parking spaces and 19 20  adaptable units throughout the 4 buildings. Details of compliance are to be shown on the plans PRIOR TO THE IS ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

Officer’s Comment    

 

This is considered satisfactory as the proposed modifications include one additional adaptable unit and corresponding car space to ensure that 10% of the dwellings within the development are adaptable dwellings as required by Clause 19I (5)(e) the Lane Cove Local Environmental Plan, which relates specifically to the site in Duntroon Avenue.

 

Amendment of Condition 69

 

Condition 69 of consent (DA55/06) would, if approved, be amended as follows:-

 

Bulky Waste/Recyclables.  Storage space shall be incorporated into the proposed garbage rooms for each building A, B, C, D, for the storage of bulky waste/recyclables details as provided on Plans No. DA-2003-25; DA-2004-25 and buildings C & D for the storage of bulky waste/ recyclable details as provided on Plan No. DA-2004-29.

 

Officer’s Comment    

 

This is considered satisfactory as the proposed amendment ensures that the correct plans numbers are reflected for Buildings A & B (as constructed) and Buildings C & D (as proposed) in relation to the bulky waste storage areas.

 

Amendment of Condition 161

 

Condition 161 of consent (DA55/06) would, if approved, be amended as follows:-

 

A maximum of 195 206 off-street car spaces being provided in accordance with the submitted plan and being sealed and line marked to Council’s satisfaction.  A minimum of 19 20 spaces shall be provided for residential visitors.

 

 

 

 

Officer’s Comment    

 

This is considered satisfactory as it reflects the total number of residential car spaces to be provided. This meets the parking requirement of Clause 19I (9)(b) of the Lane Cove Local Environmental Plan.

 

Amendment of Condition 163

 

Condition 163 of consent (DA55/06) would, if approved, be amended as follows:-

 

A minimum of 62 65 secure bicycle rails or lockers shall be provided for use of residents and visitors.  All bicycle parking is to be designed and installed in accordance with the requirements of Australian Standard AS2890.3-1993 Parking Facilities; Part 3 Bicycle Parking Facilities.

 

Officer’s Comment:    This is considered satisfactory as an additional 3 bicycle spaces would be required to meet the requirements of Clause 19I (9)(e) of the Lane Cove Local Environmental Plan.

 

PREVIOUS APPROVALS/HISTORY:

 

DA06/55- Demolition of 14 dwelling houses and 2 semi-detached dwellings and the erection of a  residential flat building development comprising 4 buildings of between 5 – 7 storeys, containing 185 dwellings, basement parking for 214 vehicles, landscaping and site works.  Stratum lot and strata subdivision.  Civil works in Duntroon Avenue.  Construction in 2 stages.  This application was approved at the Council meeting 19 June 2006.

 

Two section 96 amendments approved on 15 September 2008 & 15 December 2008.

 

REFERRALS:

 

Manager Urban Design and Assets

 

No objections have been expressed and no new conditions suggested.

 

Manager Parks

 

No objections have been expressed by Council’s Tree Preservation Officer, as the proposed amendments do not alter or have any additional impact on soft landscape.

 

Manager Traffic

 

No objections have been expressed to the proposed amendments, however additional conditions have been suggested which have been included in the draft additional conditions of consent to ensure best traffic practice is achieved.  See draft conditions 216-218.

 

96(2)(a)  Requires an assessment of whether the development to which the consent relates to is substantially the same development.

 

Yes, the proposed changes are relatively minor in nature. Notwithstanding that there is a small increase of 2 sqm to the building zone, this coupled with other variations to the buildings, results in a Stage 2 being 9 sqm less than the approved building.  As a result of this, there is no change to the floor space ratio or the height of the proposed building.

 


96(2)(c)  Requires consideration of any submissions made

 

The proposal was advertised in accordance with Council’s policy.  Twenty two (22) submissions were received. The issues raised in the submissions have been considered and are addressed in this report.

 

79(C)(a)(i)  The provisions of any Environmental Planning Instrument

 

Lane Cove Local Environmental Plan 1987

 

The subject site is zoned Residential 2(a1) and is subject to site specific provisions contained in Clause 19I of Lane Cove Local Environmental Plan 1987 (pursuant to State Environmental Planning Policy No. 53 – Metropolitan Residential Development – Amendment No. 6).

 

The proposed amendments would not alter compliance of the proposal.

 

79(C)(a)(ii)  The provisions of any Draft Environmental Planning Instrument

 

There are no additional provisions that need to be considered with respect to the draft LEP.

 

79(C)(b)  The likely impacts of the development

 

The proposed amendments are substantially internal and would not increase the building bulk or  height.  There are minor alterations to the external facades, including an increase of building zone (site coverage) of 2sqm.  Some minor changes to balconies and the building envelope are proposed and as a result there is a 9sqm reduction in floor space when compared to the approved Stage 2 development.

 

The external changes to buildings C and D include:-

 

Building C

 

Level 1

·     Minor increase to ground floor of dwelling C1-104 and minor increases to C1-101 and C2-102.  Dwelling C2-101 is moved forward to allow changes to the parking level.

Level 2

·     Minor increase to dwellings C1-201 (at rear), and C2-204 decrease to C1-203 and provision of balcony between buildings C and D off dwelling C2-205.

Level 3

·     Minor decrease to dwelling C1-303 and minor increase to dwelling C2-305.  Increase in rear balcony to C1-301 and C2-305 and provision of a balcony between buildings C and D off dwelling C2-306.

Level 4

·     Similar to Level 3, excluding the balcony to C1-301 on level 3.

Level 5

·     Similar to Level 4.

Level 6

·     Increase to dwelling C1-601 and C1-604 and additional balcony to rear of dwelling C1-604.

Level 7

·     Increase to dwelling C1-701

 

 

 

 


Building D

 

Level 1

·     Increase in extent of parking level between buildings C and D.

Level 2

·     Small increase to balcony to dwelling C201

Level 3

·     Increase dwelling D312

·     Decreases to dwellings D305,D306, D308 and D304 (and part conversion to store room)

Level 4

·     Small increase to balcony to dwelling D408 and decrease to balcony to D407.

Level 5

·     Similar to Level 4.

Level 6

·     No external change

Level 7

·     Change to front wall of dwelling D701.

 

It is considered that given the nature and small scale of the proposed amendments, in addition to their proximity to adjoining sites, that there would not be any additional impacts on the amenity of adjoining and adjacent developments.

 

Mix of Dwellings

 

As per Clause 19I (5)(e) of Lane Cove Local Environmental Plan 1987 at least one tenth of the dwellings must have three bedrooms or more.  The LEP does not specify the mix of one and two bed room dwellings for the proposed complex.

 

The amended proposal has 20 three bed room dwellings, which is one tenth the total number of dwellings. In this regard the amended proposal meets the requirements of the LEP.

 

Parking

 

As per Clause 19I (9)(b) of Lane Cove Local Environmental Plan 1987 one car space must be provided for one and two bed room dwellings and 1.5 spaces must be provided for dwelling having more than two bedrooms.

 

As per Clause 19I (9)(c) of Lane Cove Local Environmental Plan 1987 visitors parking spaces should be at least one tenth the total number of dwellings.

 

As per Clause 19I (9)(d) of Lane Cove Local Environmental Plan 1987 total number of car parking spaces must not exceed 280 for the overall development.

 


The following table is a summary of parking for the total development, including the amendments sought in this application:

 

Type of dwelling

Number of dwellings

Parking requirement

Number of car spaces required

Total number of car spaces provided

1 Bed

93

@1 spaces per 1b & 2b dwellings

93

 

2 Bed

82

@1 spaces per 1b & 2b dwellings

82

 

3 Bed

20

@1.5 spaces per 3 dwellings

30

 

Visitors Parking

195

1 in 10 for  the total number of dwellings

19.5

 

Total

 

 

224.5

226

 

As indicated in the table above, the amended proposal meets the requirements of the LEP with regard to car parking spaces.

 

Lane Cove Section 94 Contributions Plan Contributions

 

The change in the mix of the dwellings would change the total Section 94 Contributions required to be levied for the proposed residential development (on a per person basis) for community facilities, open space and recreation facilities and roads. 

 

The original calculations were based on the then (05/06) contribution rate of $7644.19 per person. For the purpose of consistency, the same rate is used for the purpose of calculations and then the final figure is updated to the current rate (08/09) of $ 8125.5 per person.

 

The Contributions Plan sets out at Section 3.2.6 the average occupancy rate per dwelling, based on number of bedrooms for detached houses and medium density developments. The number of persons generated by the amended proposal would be:

 

93 x 1 bedroom dwellings  x  1.2 persons/dwelling = 111.6 persons

82 x 2 bedroom dwellings  x  1.9 persons/dwelling = 155.8 persons

20 x 3 bedroom dwellings  x  2.4 persons/dwelling =  48 persons

Total = 315.4 persons

 

The subject site was occupied by 16 dwellings. Using the same occupancy rate as the original application the existing development on the site would generate the following number of occupants:

 

14 x 2.8 persons/dwelling = 39.2 persons

2 x 2 persons/dwelling = 4 persons

Total = 43.2 persons

 

Therefore, the increase in the number of persons that would result from the proposed development would be 272.2 persons.  Accordingly, a Section 94 Contribution of $2,080, 748.5 is payable for the amended proposal ($7644.19 x 272.2) at the old (05/06) rates. 

 

As per Council’s record $723,140.37 at the old (05/06) rates has already been paid at Stage 1.  A

balance of $1,357,608.13 at the old (05/06) rates is payable at Stage 2.

 

The updated balance figure at the current rate (08/09) of $ 8125.5 per person would be $1,443,088.8 payable at Stage 2.

 

79(C)(c)  The Suitability of the Site for Development

 

An approval for the DA has been granted and it is considered that the proposed alterations would not affect the suitability of the site for this development.

 

 

79(C)(d)  Any Submissions Made

 

The proposal was notified in accordance with Council’s policy. Twenty two submissions were received. The applicant has addressed the issues raised in the submissions. The issues raised have been addressed as follows:

 

·     Concern has been expressed with regard to increase in height of the proposed building.

 

Comment

 

The height of the proposed building would remain unchanged.

 

·     Concern has been expressed with regard to the mix of units and demographic of the units. The proposal would increase the number of one bed room dwellings.

 

Comment

 

Lane Cove Local Environmental Plan 1987 specifies that at least one tenth of the dwellings must have three bedrooms or more. In this regard the amended proposal meets the requirements of the LEP. The LEP does not specify the mix of one and two bed room dwellings for the proposed complex. The proposed modifications respond to the demand for dwelling types in the area.

 

·     Increase in the number of dwellings by 10 would lead to additional residents parking requirement.

 

Comment

 

The amended proposal provides 206 residential car spaces which is one more than the minimum required to comply with the parking requirement stated in Lane Cove Local Environmental Plan 1987.

 

·     Increase visitors parking.

 

Comment

 

The amended proposal provides for 20 visitor car spaces being one tenth the total number of dwellings. The proposal complies with the parking requirement stated in Lane Cove Local Environmental Plan 1987.

 

·     Reduction in Street parking.

 


Comment

 

The amended proposal provides for adequate off-street parking for residents and visitors as stated in Lane Cove Local Environmental Plan 1987. The proposed modifications do not include any works that would reduce on street parking.

 

·     Increase in the number of dwellings by 10 would lead to additional traffic.

 

Comment

 

In the context of the overall development, additional traffic generate by the proposed increase in the number of dwellings is considered incremental only and is acceptable. Council’s Traffic Manager has no objection to the increase in the number of dwellings with regard to traffic.

 

·     Concern has been expressed with regard to changes in the soft landscape area.

 

Comment

 

The soft landscape area of the proposed building would remain unchanged.

 

·     Concern has been expressed with regard to any change proposed to the line of sight along view corridors

 

Comment

 

The change to Building Zones is minimal and does not equate to any change in the percentage of site area occupied by the building zone. The corridor originally was shown on the Duntroon Avenue Reference Plan and was between buildings B and C.  The proposed amendments do not include any changes to the northern side of Building C adjoining the view corridor. Therefore the proposal would not impact upon the view corridor.  It should also be noted that there is no increase in height of the buildings.

 

·     Concern has been expressed with regard to higher population density and pressure on local infrastructure.

 

Comment

 

The total floor space ratio of the proposed development remains unchanged. The proposal meets all the requirements of the site specific provisions contained in Clause 19I of Lane Cove Local Environmental Plan 1987 (pursuant to State Environmental Planning Policy No. 53 – Metropolitan Residential Development – Amendment No. 6).

 

As per the Section 94 contribution calculations, the change of mix would result in a minor decrease  (approx 4 people) in the likely of population for the site. Therefore, it is considered that the total density and pressure on infrastructure would be similar to that of the approved development.

 

·     A copy of the consent should be sent to RailCorp to monitor compliance with rail related conditions of consent.

 

Comment

 

A copy of the consent would be forwarded to RailCorp for their reference, should the application be approved.

 


79(C)(e)  The Public Interest

 

Having regard to the above it is considered that the proposed development does not create any additional environmental impact or adversely affect adjoining properties.  As such, it is considered that the development is in the public interest.

 

CONCLUSION

 

The Section 96 modification 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 proposal is considered to be satisfactory subject to the following conditions. The matters under Section 96 and Section 79C of the EP&A Act have been considered and are considered reasonable and satisfactory.

 

 

RECOMMENDATION

 

That Council approve the Section 96 application in the following terms:-

 

Pursuant to the provisions of section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the development consent D06/55 for the demolition of 14 dwelling houses and 2 semi detached dwellings and the erection of a residential flat building development comprising 4 buildings of between 5 – 7 storeys, containing 185 dwellings, basement parking for 213 vehicles, landscaping and site works, stratum and strata subdivision and civil works in Duntroon Avenue,  construction in 2 stages on 1-16 Duntroon Avenue, St. Leonards is amended in the following manner:-

 

A          Amend the proposed development description as follows:-

 

            Demolition of 14 dwelling houses and 2 semi-detached dwellings and the erection of a residential flat building development comprising 4 buildings of between 5 – 7 storeys, containing 195 dwellings, basement parking for 226 vehicles, landscaping and site works.  Stratum lot and strata subdivision.  Civil works in Duntroon Avenue. 

 

B         Amend conditions as follows:-

 

            Condition 1

 

            That the development be strictly in accordance with the plans drawn by Allen Jack & Colliers and numbered: DA0001-09, DA1001-05, DA1002-09, DA1003-12, DA1004-04, DA1005-13, DA2003-25, DA2004-29, DA2101-27, DA2102-32, DA2103-16, DA2104-23, DA2105-14, DA2106-19, DA2107-14, DA2108-20, DA2109-14, DA2110-20, DA2111-14, DA2112-20, DA2113-13, DA2114-16, DA2601-05, DA2602-05, DA2603-05, DA2901-11, DA2902-12, DA3102-13, DA3103-13, DA3104-17, DA3105-17, DA3201-11, DA3202-15, DA3203-12, DA3204-07, DA3205-04, DA5502-03, and  the Statement of environmental Effects prepared by JBA as amended by the Section 96(2) application and all other supporting documentation and strata plans.

 

Condition 11

 

            Section 94 contribution. Payment of a contribution for an additional 272.2 persons in accordance with council's section 94 contributions plan.  This payment being made prior to the issue of a construction certificate and is to be at the current rate at time of payment.  The amount is $2,080, 748.5 at the old (05/06) of $7644.19 per person.   Note:  payment must be in bank cheque.  Personal cheques will not be accepted.

 

            The contribution shall be paid as follows:-

 

            (a)        in full prior to the issue of a Construction Certificate; or

            (b)        in two payments for each stage of the development and prior to the issue of the individual Construction Certificates for each stage and in the following manner:-

 

·     Stage 1 -      $723,140.37 at (05/06) contribution rate of $7644.19 per person which has already been paid.

·     Stage 2 - $1,357,608.13 at (05/06) contribution rate of $7644.19 per person which is updated to $1,443,088.8 at (08/09) the current contribution rate of $8125.5 per person.

 

            This contribution is for community facilities, open space/recreation and road under the Lane Cove Section 94 Contributions Plan which is available for inspection at the customer service counter, Lane Cove Council, 48 Longueville Road, Lane Cove.

 

Condition 43

 

            Provision of 20 adaptable units.  The development is to provide 20 adaptable parking spaces and 20 adaptable units throughout the 4 buildings. Details of compliance are to be shown on the plans PRIOR TO THE IS ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

Condition 69

 

            Bulky Waste/Recyclables.  Storage space shall be incorporated into the proposed garbage rooms for each building A, B, for the storage of bulky waste/recyclables details as provided on Plans No. DA-2003-25 and buildings C & D for the storage of bulky waste/ recyclable details as provided on Plan No. DA-2004-29.

 

Condition 161

 

            A maximum of 206 off-street car spaces being provided in accordance with the submitted plan and being sealed and line marked to Council’s satisfaction.  A minimum of 20 spaces shall be provided for residential visitors.

 

Condition 163

 

            A minimum of 65 secure bicycle rails or lockers shall be provided for use of residents and visitors.  All bicycle parking is to be designed and installed in accordance with the requirements of Australian Standard AS2890.3-1993 Parking Facilities; Part 3 Bicycle Parking Facilities.

 

B         Additional conditions to be included in the consent:

 

215      The applicant’s private certifier assesses the compliance of the car park to satisfy the requirements of AS 28901: 2004 and provides certification. Specifically, the swept paths for parking spaces No. 97 and 197 and dimensions of parking spaces 177-179 shall comply with AS 28906: 2004.

 

216      The applicant shall refer the proposed traffic treatment at the intersection of River Road and Duntroon Avenue to the RTA to seek for their comments and then the proposed treatment shall be referred to the Traffic Committee Meeting.

 

 

 

217      The applicant is required to apply for a construction zone along Duntroon Avenue during the construction work before the construction certificate is issued.

 

218      The applicant’s private certifier assesses the entrance/exit to bicycle parking on Level CP1 and ensures that the plan provides an adequate entrance/exit to bicycle parking.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS

There are no supporting documents for this report.

 

 


Ordinary Council Meeting 15 June 2009

 

Environmental Services Division Report No. 157

 

 

 

 

 

Reference:    Environmental Services Division Report No. 157

Subject:          1-16 Duntroon Avenue, St Leonards - Section 96 Modification - Section 94 Contribution    

Record No:    DA06/55-01 - 17776/09

Author(s):       Rajiv Shankar 

 

 

Property:                     1-16 Duntroon Avenue, St Leonards

 

DA No:                         DA06/55 – Fourth Section 96 Modification.

 

Date Lodged:              9 April 2009

 

Cost of Work:              Nil

 

Owner             :                       Australand

 

Author:                         Rajiv Shankar

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

This Section 96 modification seeks to defer the payment of the Section 94 contributions required for the development from “prior to issue of the individual construction certificate to “prior to the issue of the occupation certificate” for Stage II of the Australand Development Approval issued in 2006. 

ZONE

Residential 2(a1)

Subject to site specific provisions contained in Clause 19I of Lane Cove Local Environmental Plan 1987 (pursuant to State Environmental Planning Policy No. 53 – Metropolitan Residential Development – Amendment No. 6)

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

STOP THE CLOCK USED

No

NOTIFICATION

It was not considered necessary to notify the proposed amendments.

 

REASON FOR REFERRAL:

 

The application is referred to Council because the original application and subsequent amendments were determined by Council.

 

EXECUTIVE SUMMARY:

 

·     The original development application was approved by Council at its meeting of 19 June 2006 and was subsequently amended on 15 September 2008 and 15 December 2008.

 

·     Another section 96 modification application, lodged on 11 April 2009, is presently under consideration by Council.

 

·     The proposal primarily seeks to defer the timing of payment of the Stage 2 section 94 contribution from “prior to issue of the individual construction certificates” to “prior to issue of occupation certificate”.

 

·     The application is supported and recommended for approval.

 

BACKGROUND:

 

The original development application was approved by Council at its meeting of 19 June 2006.  On 10 July 2008 a section 96 modification was lodged to amend the consent to permit advertising signs and a sales office. The application was approved on 15 September 2008.

 

A second section 96 modification was lodged to increase the height of the lift overruns and internal alterations. The application was approved by Council on 15 December 2008.

 

A third section 96 modification application, for internal alterations and change in the number of dwellings, lodged on 11 April 2009, is presently under consideration by Council.

 

PROPOSAL:

 

The proposal seeks to defer the timing of payment of the Stage 2 section 94 contribution from “prior to issue of the individual construction certificates” to “prior to issue of occupation certificate”.  The applicant has advised that the payment prior to the issue of the construction certificate is causing difficulty due to the present economic situation. The deferred timing would allow the applicant to raise funds required for the payment of the stage 2 contributions from pre-sale of some apartments.

 

The proposal is to amend condition 11.  The new condition 11 would read (note amendment in bold and underlined type):

 

11.       Section 94 contribution. Payment of a contribution for an additional 275.1 persons in accordance with council's section 94 contributions plan.  This payment being made prior to the issue of a construction certificate and is to be at the current rate at time of payment.  The amount is $2,102,916.67 at the current rate (05/06) of $7644.19 per person.   Note:  payment must be in bank cheque.  Personal cheques will not be accepted.

 

            The contribution shall be paid as follows:-

 

            (a)        in full prior to the issue of a Construction Certificate; or

            (b)        in two payments for each stage of the development and prior to the issue of the individual Construction Certificates for each stage 1 and prior to the issue of the individual occupation certificate for stage 2 and in the following manner:-

 

·      Stage 1    $723,140.37 (calculated at $1,053,369.30 minus a credit of $330,229 for all dwellings to be demolished for the entire development)

·      Stage 2    $1,379,776.30

 

            This contribution is for community facilities, open space/recreation and road under the Lane Cove Section 94 Contributions Plan which is available for inspection at the customer service counter, Lane Cove Council, 48 Longueville Road, Lane Cove.

 

 

 

 

PREVIOUS APPROVALS/HISTORY:

 

DA06/55 - Demolition of 14 dwelling houses and 2 semi-detached dwellings and the erection of a residential flat building development comprising 4 buildings of between 5 – 7 storeys, containing 186 dwellings, basement parking for 214 vehicles, landscaping and site works.  Stratum lot and strata subdivision.  Civil works in Duntroon Avenue.  Construction in 2 stages.

 

Two section 96 amendments approved on 15 September 2008 & 15 December 2008.

 

A third section 96 modification application for internal alterations and change in the number of dwellings lodged on 11 April 2009 is presently under consideration by Council.

 

96(2)(a)  Is the Development to Which the Consent Relates Substantially the Same Development?

 

The proposed amendment of Condition 11 does not modify any of the associated works. Therefore the development is substantially the same as that which was originally approved by Council.

 

79(C)(b)  What are the Likely Impacts of the Development?

 

The objective of the proposed deferral of the payment of the Section 94 contribution is to proceed with the early commencement of the stage 2 building works. The applicant has advised that the payment prior to the issue of the construction certificate is causing difficulty due to the present economic situation. The deferred timing would allow the applicant to raise funds required for the payment of the stage 2 contributions from pre-sale of some apartments.

 

The proposed deferral of the payment until prior to the issue of an occupation certificate would still ensure that Council receives the contribution payment prior to any residents being permitted to occupy the apartments.

 

In addition the payments would be updated to the current rate at the time of payment. This is an existing requirement of Condition 11.  Depending upon when the Occupation Certificates are requested, Council’s Financial Controller has advised that the likely CPI index rates are estimated for the coming year to be 2.5% for the first year and 2.75% for the second.

 

Comment

 

In view of the above Council may consider it reasonable to permit deferral of the Section 94 payments for Stage II of the development prior to the issue of individual occupation certificates as there would appear to be no disadvantage to Council.

 

While technically there is no impediment to the request, it is Council’s longstanding policy and practice to call for Section 94 contributions prior to the issue of the Construction Certificate.  It is understood that Council’s policy and practice ensures that Section 94 contribution funds are accessible by Council at the earliest opportunity to reduce the lag time between increased demand and provision of services.  It is also understood that by calling for Section 94 contribution funds at Construction Certificate stage there is less risk of payment default if the developer experiences financial difficulty.  Certainly, this would be an unlikely situation for this application (Australand), however, Council may take the view that to permit deferral of the Section 94 Contribution would set an undesirable precedent where a similar request may be made by less capitalised applicants.

 

 

RECOMMENDATION

 

That Council decline the request by Australand to amend Condition 11 of Development Consent DA55/06 as such would contravene Council’s existing policy and practice.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 15 June 2009

 

Environmental Services Division Report No. 19

 

 

 

 

 

Reference:    Environmental Services Division Report No. 19

Subject:          Delegated Authority Report - May 2009    

Record No:    SU1863 - 19878/09

Author(s):       Michael Mason 

 

 

Executive Summary

 

During the month of May 2009 a total of 33 Development Applications were determined under delegation by staff with an additional 3 by Council.  In addition 6 Construction Certificates and 16 Privately Certified Construction Certificates were issued.  There was 1 Complying Development determined by Council in May.

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Development Applications determined for May 2009

5 Pages

 

 

  


Ordinary Council Meeting 15 June 2009

 

Human Services Division Report No. 8

 

 

 

 

 

Reference:    Human Services Division Report No. 8

Subject:          Donation of Painting to Council for Addition to the Lane Cove Municipal Art Collection    

Record No:    SU2517 - 19943/09

Author(s):       Jane Gornall 

 

 

Executive Summary

 

Mr. Frank Brady on behalf of his sister, Mary Brady has offered to donate a  painting for the Municipal Art Collection. The painting – “Portrait of Elizabeth Rooney” is by the artist – Sr. Mary Brady. The painting won the 1975 Portia Geach Memorial Prize. 

 

Discussion

 

The painting has special significance to Lane Cove because of its subject matter.  Council has a range of Elizabeth Rooney’s paintings and etchings in its collection including the Plaza Saga 1 and Plaza Saga II which hang in the foyer of the Council building.  Elizabeth is a long time resident of Lane Cove. Elizabeth Rooney is one of the artists celebrated in the Library publication – Artists of Lane Cove (1989). There is a  photograph of the painting being donated included in the Artists of Lane Cove (p.76)

 

Mary Brady won the Portia Geach Prize in 1966, 1971 and in 1975 with this painting. A Curriculum Vitae of Mary Brady is attached to this Report (Attachment 1)  The Portia Geach Memorial Award, is the richest art prize solely for women in Australia. It was established in 1961 by Florence Kate Geach to commemorate her sister Portia's (1873-1959) achievements. In similar fashion to the Archibald Prize, the award is given on an annual basis to the "best portraits painted from life of some man or woman distinguished in Art, Letters, or Science by any female resident artist in Australia".

 

The painting will be on exhibition in the Council Chambers on the evening of June 15, 2009.

 

 

RECOMMENDATION

 

That Council:-

 

1.         Accept the donation of the painting “Portrait of Elizabeth Rooney” for addition to the Lane             Cove Municipal Art Collection.

 

2.         Write to Sister Mary Brady and her brother Frank Brady and thank them for their donation.

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

AT‑1 View

Curriculum Vitae of Mary Brady

2 Pages