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Agenda

Ordinary Council Meeting

6 July 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 6 July 2009 commencing at 7:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Ian Longbottom. Councillors are entitled to one vote on a matter. If votes are equal, the Chairperson has a second or casting vote. When a majority of Councillors vote in favour of a Motion it becomes a decision of the Council. Minutes of Council and Committee meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.

 

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

 

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

 

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

 

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

 

 

 


Ordinary Council 6 July 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

 

public forum

 

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

 

 

CONFIRMATION OF MINUTES

 

1.      ORDINARY COUNCIL MEETING - 15 JUNE 2009

 

 

Referred Reports FROM Inspection Committee 04 July 2009

 

2.       Open Space and Urban Services Division Report No. 32

SUBJECT: Lloyd Rees Bandstand - Temporary Modifications

 

Orders Of The Day

 

3.       Order Of The Day No. 11

SUBJECT: Council and Committee Meeting Schedule - August 2009

 

General Managers Reports

 

4.       General Managers Report No. 14

SUBJECT: Piazza Proposal adjacent to Library Walk, Lane Cove Market Square

 

5.       General Managers Report No. 16

SUBJECT: Lane Cove Market Square Status Report

 

Corporate Services Division Reports

 

6.       Corporate Services Division Report No. 36

SUBJECT: Sublease of Greenwich Baths

 

7.       Corporate Services Division Report No. 37

SUBJECT: 2009 Local Government Association Conference

 

Open Space and Urban Services Division Reports

 

8.       Open Space and Urban Services Division Report No. 33

SUBJECT: Local Government Filming Protocol - Proposed Filming Policy for Lane Cove

 

9.       Open Space and Urban Services Division Report No. 34

SUBJECT: Northwood Road/River Road Intersection - Traffic Analysis

 

Environmental Services Division Reports

 

10.     Environmental Services Division Report No. 23

SUBJECT: Draft Comprehensive Development Control Plan

 

11.     Environmental Services Division Report No. 147

SUBJECT: Cunninghams Reach Boatshed, Linley Point

 

12.     Environmental Services Division Report No. 24

SUBJECT: Goods on Footpaths

 

13.     Environmental Services Division Report No. 25

SUBJECT: 1-16 Duntroon Avenue, St. Leonards

 

14.     Environmental Services Division Report No. 26

SUBJECT: Sustainability Preferred Supplier Agreement

 

15.     Environmental Services Division Report No. 12

SUBJECT: Sustainability Advisory Committee - Proposal to Amend Charter

 

16.     Environmental Services Division Report No. 27

SUBJECT: Heritage Review Stage 2  

 

QUESTIONS WITHOUT NOTICE

 

 

 

            


Ordinary Council Meeting 6 July 2009

 

Open Space and Urban Services Division Report No. 32

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 32

Subject:          Lloyd Rees Bandstand - Temporary Modifications

Inspection Committee after considering this matter referred this Report to the Ordinary Council Meeting to held on the 06 July 2009.   

Record No:    SU3368 - 23352/09

Author(s):       Wayne Rylands 

 

 

Executive Summary

 

At the Council meeting of 1 June 2009, Council considered the report of Open Space and Urban Services to undertake temporary modifications to the Lloyd Rees Bandstand to coincide with the opening of the Market Square development.  The previous report and attachment are shown as AT 1 and AT 2. At this meeting it was resolved:-

 

“That Council defer the matter and invite the Heritage Consultants to address Council at an inspection to take place on Saturday 4 July 2009”.

 

Heritage Consultants, Garry Stanley and Jane Rothschild, have been invited to attend the Inspection Committee and address Councillors on the heritage values of the Lloyd Rees Bandstand.  Public Art Strategy consultant, Richard Goodwin, will also be in attendance. Mr Goodwin was employed by Harry Howard, when Mr Howard designed the Lloyd Rees Bandstand.

 

Council will resolve on whether to proceed with the temporary modifications as proposed by Open Space and Urban Services at the meeting of 1 June 2009.

 

 

Background

 

At the Council meeting of 1 June 2009, Open Space and Urban Services recommended that the steps on the western side of the Lloyd Rees Bandstand and the landscape/storage area on the southern side of the Bandstand be removed as a temporary measure, to allow for improved pedestrian connectivity between the Market Square development and the Rosenthal Avenue Car Park, until such time it is determined where the Bandstand would be located as part of the Lane Cove Village Public Domain Master Plan.

 

On considering this matter, Councillors raised the issue of the heritage value of the components of the Bandstand that are proposed to be modified. It is envisaged that the site meeting with the heritage consultants will resolve this issue.

 

 

Discussion

 

It is proposed that Councillors meet at the Lloyd Rees Bandstand at 8.30am to discuss the temporary alterations to the western steps and southern storage area/landscape box of the bandstand.

 

We will then proceed to the corner of Austin Street/Longueville Road to look at a request for a 'Directory Sign' from a Mr Rouse for the shops on the southern side of Austin Street, near Longueville Road.

 

From there, we will proceed to Blackman Park to discuss the Plan of Management.

 

At the conclusion of these items, the Councillors are then invited to attend a celebratory opening of the York's Corner Shopping Centre Upgrade. We would aim for an 11.30am start for this.

 

 

 

RECOMMENDATION

 

That Council:-

 

1.         Receive and note the report; and

 

2.         Determine the issue of the heritage value of the components of the Bandstand that             are proposed to be modified and whether to proceed with the modifications prior to             the opening of the Market Square development.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

REPORT Lloyd Rees Bandstand - Temporary Modifications

3 Pages

 

AT‑2 View

Dickson Rothschild Heritage Report for Lloyd Rees Bandstand May 2009

5 Pages

 

 

  


Ordinary Council Meeting 6 July 2009

 

Order Of The Day No. 11

 

 

 

 

 

Reference:    Order Of The Day No. 11

Subject:          Council and Committee Meeting Schedule - August 2009    

Record No:    SU1915 - 23407/09

Author(s):       Kirsty Fleming 

 

 

 

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

 

August             1                      Inspection Committee

 

August             3                      Ordinary Council

                                                Planning and Building Committee

                                                Services and Resources Committee

 

August             17                    Ordinary Council

                                                Planning and Building Committee

                                                Services and Resources Committee

 

 

 

RECOMMENDATION

 

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

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


Ordinary Council Meeting 6 July 2009

 

General Managers Report No. 14

 

 

 

 

 

Reference:    General Managers Report No. 14

Subject:          Piazza Proposal adjacent to Library Walk, Lane Cove Market Square    

Record No:    SU1460 - 23351/09

Author(s):       John Lee 

 

 

Executive Summary

 

This report introduces a proposal to extend Library Walk toward the rear of the Plaza and Longueville Road shops to create a piazza space.  The proposal was brought to Council during May 2009 by Messrs John Bykerk and Paul Gibbs (“The Proponents”). Part of the piazza involves airspace over public road being the rear of Library Place.  Whilst the proposal has merit, there are a number of issues that would need to be resolved before proceeding to a formal application. The report recommends (précis) advising the Proponents that while Council considers the proposal has merit, additional material is required before the General Manager reports back to Council.

 

Background

 

Library Place provides public road access to the rear of a number of properties generally between the Lane Cove Market Square in the Plaza and the Library in Longueville Road.  The turning area at the rear of those properties is referred to in this report as “the north east service yard”. Library Place has been legally closed to through traffic from Longueville Road, with physical access to the north east service yard available on completion of the Lane Cove Market Square loading dock and ramp under the Library.  (Note: Current vehicular access over Library Place only facilitates the market square construction and will be removed when access via the loading dock is available.)

 

Lane Cove Market Square includes a public walkway providing access into the new library between Longueville Road and the Plaza.  The walkway slopes between RL 83.26 near the Library to 82.86 in the vicinity of the travelator.  The plaza entrance is approx 81.25.  Ground level (high point) in the north east service yard is approximately RL 80.  The rear of the properties facing the Plaza / Longueville Road has little structured form.  A typical view is Attachment 1.  A graphic screen along the edge of the Library walkway (part of the Lane Cove Market square works) assists in screening out the rear of these properties.  An outdoor eating area at RL 83.32 on the walkway is also proposed to be leased to Woolworths as part of the arrangements contained in the Deed of Agreement between Council and Woolworths Limited.

 

BN Group, architects for the Lane Cove Market Square have assisted the Proponents in developing preliminary concepts, provided in Attachment 2, which were issued to Council for consideration in May 2009 (the Proposal).

 

Property Information

 

Attachment 3 shows current property information and the north east service yard / public road on an aerial map relative to the proposal.

 

It is noted that :-

 

·     Aeronaut Investments Pty Ltd (Gibbs) is the owner of Lot 5 DP 537330;

·     Bykerk Holdings Pty Ltd (Bykerk) is the owner of Lot 1 DP 537331, Lots 1 and 2 in DP 12147.

 

The Proposal

 

The Proposal creates 3 piazza areas. 

 

·     Piazza Level 1 extends from 83.32 to 83.53 over private property linking into a proposed redevelopment over Lot 1 DP 537331 (Bykerk), to Gibbs and to a potential redevelopment of Lot 3 DP 537331 adjacent to the west;

·     Piazza Level 2 steps up from Level 1 at RL 84.15 and connects with a redevelopment over Lots 1 and 2 in DP 12147 (Bykerk); and

·     Piazza Level 3 ramps up from both the Library Walkway and Level 3 at RL 84.39 providing access to potential redevelopment of the remaining properties through to Library Place.

 

Piazza levels 2 and 3 provide a minimum clearance of 4m between the underside of the deck and the north east service yard for deliveries and garbage collection.  The Proposal is based on Council contributing to the cost based on proportional areas.  Attachment 4 is the estimated breakdown in cost.  Given the site constraints, the estimated cost appears low.

 

Discussion

 

The Proposal which improves the visual amenity around the Lane Cove Market Square merits consideration as it provides greater activation of the library walkway area and the Plaza generally.  The Proposal is also consistent with the Village Structure Plan objectives for this area.  In Section 5.3 of that plan, the following was noted:-

 

“Rear of Plaza properties present inconsistent edge to proposed public domain link from Central Avenue-Plaza.”

 

“Encourage development of infill at the rear of properties addressing the through site link and plaza proposed for the Woolworths site’.

 

“Increase the number of entrances and openings to buildings on the east of Longueville Road and at the rear of Plaza properties.”

 

“Activating the rear of retail buildings here is necessary with 1-2 storey infill development at the back of properties addressing the new plaza and the through site link is recommended.

These small infill sites would accommodate retail on the ground floor with offices or residential uses above.”

 

Whilst the Proposal has merit, with competing priorities, a financial commitment by Council may require a longer term consideration.  This does not limit staging of the proposal to facilitate construction of Level 1.  Further, there are a number of matters that would need to be resolved before heads of agreement could be determined.   The following higher order issues and comment (in italics) are set out below.

 

Ownership

 

As outlined above the north east service yard is still public road, providing access to private property.

 

There does not appear to be any reason why respective ownership should change if the proposal is constructed over the NE Service Yard.  Reciprocal rights of way in favour of the public will be required over Bykerk, Gibbs and the adjacent property.  A limit on permissible construction may also be a right of way requirement. A risk assessment profile should be undertaken to quantify risks associated with separate ownerships.

 

Opportunity may exist for a partial closure of that section of the north east service yard connecting with proposed Level 3.  This also provides an opportunity to rationalize the rear boundaries, with appropriate rights of way to maintain existing accesses off the north east service yard, to facilitate redevelopment facing Level 3.  Examples of potential subdivision reconfigurations, being only two of a number of possibilities, are suggested in Attachment 5. 

 

Road closures would need to be dealt with in accordance with Council’s Memorandum of Understanding with the Department of Lands.  Any proposed sale of proposed road closures would need to be undertaken following an agreed negotiation protocol and resolution of Council. A probity plan would cover all commercial dealings.Because the piazza is over a number of separate owners, heads of agreement with those property owners would need to address roles and responsibilities for cleaning, maintenance, leasing, policing and the like.

 

Carparking

 

Any additional floor space associated with redevelopment may trigger additional carparking.  Outdoor seating on the Piazza will also attract additional carparking. 

 

No indication of the amount or how additional carparking would be provided on site.  Provision was made in the Lane Cove Market Square design to access future carparking from level 3 - ie below the existing levels under the north east service yard and adjacent properties.

Structural parking is in the order of $30,000 - $35,000 per space, and any shortfall might be considered for inclusion in a future carpark redevelopment. The provision of additional on site carparking is likely to prove a challenge unless agreement is reached with property owners adjacent to the north east service yard.

 

Staging

 

The proposal initially benefits 5 properties (3 separate owners) immediately adjacent to the created piazza space.  The proposal also extends to the rear boundary of 4 other properties and could extend to the rear of another 4 properties.

 

Whilst the Proposal has strong support from Messrs Gibbs and Bykerk, there is not a clear indication of the level of support from other property owners to redevelop with a retail presence to the proposed piazza.  This will need to be determined through more detailed consultation.

 

It is however possible for the construction of the piazza deck to be staged.  The first stage could extend over the 3 lots including Lot 3 DP 537331 and those owned by Gibbs and Bykerk to the west of the north east service yard (Library Place).  It may also be possible to include most of Level 2 generally between columns C2 and C6 on plan A-80.01 / P2.

 

It is preferable that the initial stage includes the adjacent property (Lot 3 DP 537331).

The remaining stage(s) over the public road could proceed when most of the remaining adjacent properties agree to the proposal or there has been rationalization of boundaries to facilitate redevelopment as discussed above under the Ownership section.

 

Unless all adjacent properties with rear access of the north east service yard redevelop, the existing levels in the north east service yard will need to be maintained for access to existing off-street parking / garages. Staging needs to ensure that future redevelopment of adjacent properties is not made cost prohibitive.

 

Impact on Woolworths Outdoor Seating Area

 

Access between the Library Walkway and Level 1 affects the Woolworths outdoor seating area.

 

BN have advised that Woolworths may be amenable to a minor change to the seating layout to provide access between the Library Walkway and Level 1.  Confirmation from Woolworths would be required, preferably prior to finalizing their lease area.

Construction

 

Once the Market Square is operational construction of the Piazza raises a number of challenges:-

 

·     Demolition, excavation redevelopment of those properties involved in the initial stage and initial construction access would be through the Woolworths Supermarket loading dock area

·     Once the piazza has been formworked, alternate construction access becomes more difficult possibly with a crane and concrete pumping from Longueville Road.

·     Future redevelopment of other properties once the proposal is constructed also becomes more difficult.

·     If construction stops at the edge of the north east service yard, provision should be made for future extensions to the rear of other properties.  A logical extent of level 3 needs to be determined.

·     As discussed above, provision of additional on site parking impacts on existing access during construction.

 

Design

 

Achieving disabled access to all levels in the preliminary design for the piazza layout seems to create unnecessary spatial separation within the Piazza. 

 

A refinement of the design seems necessary.  A disabled compliant ramp along the eastern end of level 1 appears feasible.  This allows the southern edge of levels 2 and 3 to be stepped to provide public seating.

 

There may well be some issues with matching all floor levels.  Levels along the plaza range from 81.25 at the entrance to Library Walkway ranging between 81.5 and 82.0 between Lot 3 DP 537331 (to the west of Gibbs), Gibbs and Bykerk properties through to 82.8 near the NAB bank.  A coordinated design approach is required to demonstrate how all properties can benefit from access to the proposed piazza.

 

The deck and columns supporting the piazza deck will require detailed design to determine column spacing and location and deck thickness.  Column location will also be dictated in part by existing vehicular access requirements from the north east service yard.

 

Financial

 

The preliminary estimated cost provided by the Proponents, noting a list of exclusions, excl GST is $322,439. 

 

Based on that estimate for areas 4 and 5 (the north east service yard), Council might be expected to contribute a minimum of $200,000 for the section of the Piazza constructed over the north east service yard.  The estimated cost is not based on a final design having regard to likely development consent requirements or proper costing of exclusions.

A business case seems necessary to justify Council’s financial involvement.  Matters to consider include:-

 

·     Capital cost;

·     Income from sale of partial road closure;

·     Lease return;

·     Ongoing maintenance;

·     Future contributions from future stages;

·     NPV of benefits to the current proponents and the owner of Lot 3 DP 537331; and

·     How this project might align with Councils Management Plan.

 

Consultation

 

Consultation with Lane Cove Alive and with adjacent land owners will examine the merits, issues and options in respect of the proposal to construct a Piazza open deck between the Library Walkway currently under construction as part of the Lane Cove Market Square and the rear of commercial premises fronting Lane Cove Plaza and Longueville Road between the Plaza and Library Place.

 

CONCLUSION

 

Notwithstanding that the proposal is at concept stage, the proposal has merit.  A way forward is outlined in the report and summarised in the recommendations.

 

 

RECOMMENDATION

 

That Council:-

 

1.   Advise the Proponents Messers Paul Gibbs and John Bykerk that Council considers their proposal has some merit subject to detail design;

 

2.   Request the Proponents to:-

 

a.   demonstrate how all affected properties are likely to access the proposed piazza;

b.   demonstrate how on site carparking would be achieved for any additional floor space or outdoor seating;

c.   modify the design to minimise spatial disruption to levels 2 and 3 and to address other design related matters referred to in the report;

d.   prepare a business case for any contribution being sought from Council; and

e.   examine possible staging of the piazza as outlined in the report.

 

3.   Request the General Manager to:-

a.   consult with Lane Cove Alive and with all property owners affected by the proposal outlined in this report;

b.   examine options for the partial closure of Library Place; and

c.   report back to Council at an appropriate time following receipt of information requested of the Proponents.

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1 View

AT1- Visual image of existing Area

1 Page

 

AT‑2 View

AT2 - The Proposal for a Piazza adjacent to Library Walk

5 Pages

 

AT‑3 View

AT3 -  Property Description

1 Page

 

AT‑4 View

AT4 - Preliminary Estimate of Cost

1 Page

 

AT‑5 View

AT5 - Examples of potential reconfiguration of North East Service Yard

2 Pages

 

 

 


Ordinary Council Meeting 6 July 2009

 

General Managers Report No. 16

 

 

 

 

 

Reference:    General Managers Report No. 16

Subject:          Lane Cove Market Square Status Report    

Record No:    SU1460 - 23662/09

Author(s):       John Lee 

 

 

 

Executive Summary

 

As another month slips by with a few more days of wet weather affecting progress, this report updates Councillors on the Lane Cove Market Square.

 

Progress

 

With Gym Level 2 as the remaining large slab pour remaining, Woolworths and Mainbrace have been able to provide realistic target dates:

 

Supermarket shell handover for fitout                         2 October 2009

Mall and Retail shell handover for fitout                      21 September 2009

Library shell handover for fitout                                   2 October 2009

Gymnasium shell handover for fitout                          7 September 2009

Practical Completion                                                  30 November 2009

 

Given wet weather delays since the last status report, practical completion and opening of the carpark, supermarket and specialty shops by the end of November appears achievable provided that wet weather does not significantly delay the erection of the roof sections.

 

Photo Montage

 

The following recent photographs (1 July) provide a snapshot of the building’s progress.  Walls, Electrical, mechanical, hydraulic and fire services are being progressively installed in each level.  The roof has commenced over the Library Plant room

 

Looking over Library, Plant room and Library Walkway.

 

View along Austin Street

 

 

View into Loading Dock

 

 


 

 

RECOMMENDATION

 

That the Lane Cove Market Square status report be received and noted.

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 6 July 2009

 

Corporate Services Division Report No. 36

 

 

 

 

 

Reference:    Corporate Services Division Report No. 36

Subject:          Sublease of Greenwich Baths    

Record No:    SU3641 - 23336/09

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

Following Council’s decision to award the tender for the Greenwich Baths to Bluefit Pty Ltd, negotiations took place with the previous operators of the baths regarding them continuing to operate the baths.  Council is now in receipt of a formal request to sublet the baths to Tim and Francesca Fowler and it is recommended for approval. 

 

Background

 

Council at its meeting of 4 May 2009 resolved:-

 

“1.  Accept the tender from Bluefit Pty Ltd. for the management of Greenwich Baths for 5 years and endorse Option 2 as outlined in the report for the financial return to Council.

 

2.   Authorise the General Manager to enter into a lease agreement with Bluefit Pty Ltd. for 5 years for the management of Greenwich Baths, commencing 1 August 2009.

 

3.   Advise Bluefit that the acceptance of their tender has no impact on the tender process for Management of the Lane Cove Aquatic Centre and there is no connection between the agreement to manage either facility.”

 

Discussion

 

Following Council’s resolution meetings were held with Bluefit Pty Ltd regarding the possibility of retaining the previous lessees, Tim and Francesca Fowler.  After a number of unsuccessful attempts to discuss the matter with the Fowlers a series of discussions took place between Bluefit Pty Ltd and the Fowlers which led to a formal meeting involving Bluefit Pty Ltd, the Fowlers, their representative Mr John Southwood, and Council on 5 June 2009.  Arising from that meeting was an agreement in principle to sublease the baths from Bluefit Pty Ltd to the Fowlers. 

 

Council has now received a formal request from Bluefit Pty Ltd to allow the sublease of the baths to the Fowlers for a period of two years.  Council would receive the same financial return from Bluefit Pty Ltd and the lease provisions would remain the same as if Bluefit Pty Ltd were the operators subject to the following variations to the lease agreement:-

 

1.   Clause 6 currently restricts who may reside within the house at the baths.  This would be modified to permit the sub-lessee to occupy the house.

2.   Clause 9 relates to reporting to Council and given that Council is now being paid a fixed lease fee (not a profit share arrangement) it is not proposed to submit income and expenditure information to Council, however attendance figures and other operational information will be submitted.   It is also proposed to exclude any requirement to submit financial records.

3.   Clause 27 relates to a restriction on the keeping of animals on the premises.  It is proposed to vary the clause to only restrict animals (pets) from the public areas of the Greenwich Baths. 

 

To facilitate the subleasing the above alterations are deemed acceptable.  Council will still receive management information from Bluefit Pty Ltd in a similar format to that provided for the Lane Cove Aquatic Centre.  Bluefit Pty Ltd will remain responsible for liaison with Council and the overall performance of the baths. 

 

Conclusion

 

It is believed that the arrangement will provide both continuity in the operation of the baths and also improvement from the systems, processes, and marketing which Bluefit Pty Ltd can bring to the baths.   It is recommended that Council agree to the sublease.

 

 

 

RECOMMENDATION

 

That Council agree to the subletting of the Greenwich Baths by Bluefit Pty Ltd to Tim and Francesca Fowler for a period of two years, to 30 June 2011, subject to the variations to the lease agreement outlined in the report.

 

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 6 July 2009

 

Corporate Services Division Report No. 37

 

 

 

 

 

Reference:    Corporate Services Division Report No. 37

Subject:          2009 Local Government Association Conference    

Record No:    SU896 - 23427/09

Author(s):       Ian Naylor 

 

 

Executive Summary

 

The 2009 Local Government Association Conference will be held from Saturday 24 October until Wednesday 28 October 2009 at Tamworth.  The purpose of this report is to call for motions from Councillors.

 

Discussion

 

Motions for the 2009 Local Government Association Annual Conference

 

Council has received correspondence from the Local Government Association calling for motions to be debated at its Annual Conference.  Any motion would need to be adopted at one of the next two Council meetings in order to meet the deadline for submitting motions being 10 August 2009. 

 

It is proposed, that Council submit motions on the following two topics; 

 

·     Calling on the Federal Government to include the undergrounding of all cables (electricity and telecommunications) in the $43 billion National Broadband project; and

·     Calling for the board of the LGSS to be filled by an open election process.

 

Each motion requires a note from Council explaining the reason for submitting the motion and how it alters or adds to existing policy and a detailed supporting case giving reasons. Motions should seek to alter existing policy or introduce new policy. To guide this process, the Association's current policy statements (resulting from the 2008 conference business paper) will be available on the LGSA website shortly at:-

http://www.lgsa-plus.net.au/www/html/2854-motions-and-business-papers.asp.

 

Voting Delegates

 

Lane Cove Council is also entitled to three voting delegates at the Conference. The number of voting delegates for each council is determined using a sliding population scale. Council in the past have also provided an opportunity for other Councillors to attend as an observer. 

 

RECOMMENDATION

 

That Council:-

 

1.   Give consideration to voting delegates for 2009 Local Government Association Conference.

 

2.   Endorse the 2 motions in the body of the report and give consideration to further motions.

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 6 July 2009

 

Open Space and Urban Services Division Report No. 33

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 33

Subject:          Local Government Filming Protocol - Proposed Filming Policy for Lane Cove     

Record No:    SU1474 - 23377/09

Author(s):       Nick Karahlis 

 

 

Executive Summary

 

As a result of consultation with the Local Government and Shires Association, Councils and the industry sector, a revised Local Government Filming Protocol has been developed by the Department of Local Government (DLG). The Protocol was released on Monday 23 March 2009 as a tool developed to apply the legislation and this Protocol replaces the Local Government Filming Protocol 2000.  The proposed new Filming Policy for Lane Cove Council is attached as Attachment 1 and the applicable fees have been reviewed and included in Council’s 2009-2010 budget. It is recommended that Council approve the attached new Filming Policy.

 

Background

 

At its meeting on 18 May 2009 Council considered a report regarding the Local Government Filming Protocol developed by the Department of Local Government (DLG) and resolved that:-

 

“1.  Receive and note the report and the Local Government Filming Protocol attached as AT-1;

 

 2.  A further report be submitted on a new Filming Policy which reflects the revised Local Government Protocol and includes protection for any restricted areas identified in Council’s Plans of Management for Parks and Reserves; and

 

3.  Review the fees and bonds charges associated with the recovery costs for associated filming activities and include these fees and charges as part of the 2009-2010 Budget”.

 

The charges have now been reviewed to reflect the Film Related Legislation Amendment Bill 2008 which requires that Councils must set their fees and charges in accordance with the Protocol and the fees that have been stipulated in the Filming Protocol.

 

Discussion

 

A Policy has been attached which reflects the new Filming Protocol and is in line with the requirements of other Sydney Metropolitan Council guidelines for the process of filming applications.  Council’s Manager Open Space was consulted in respect to point 2 of the Council Resolution of 18 May 2009 to ensure the policy provided protection of any restricted areas identified in Council’s Plan of Management for Parks and Reserves.  The policy includes a provision that any application for filming in Council’s Open Space areas, including Park and Reserves requires approval by Council’s Manager Open Space.

 

The main points of Lane Cove’s Filming Policy which is attached are the following:-

 

·     Filmmakers must comply with all Council signs, and all directions from Council officers or other authorities.

 

·     Where directed by Council, the Production Company must undertake an information letter box drop and personal communication to all business proprietors, residents and other occupants in the vicinity to be completed by the date as dictated by Council.

 

 

·     Film makers shall give particular consideration to businesses whose trade could be adversely affected by filming activities. 

 

·     When filming for an extended period or when undertaking activities with a high impact on community amenity, allow for community feedback on the proposed arrangements.

 

·     Film makers shall contact Council, with sufficient notice, to discuss parking plans for essential vehicles and unit bases, and to ascertain if a traffic management plan (TMP) is required.

 

·     Any Filming in Council’s Open Space areas, including Park and Reserves require the approval by Council’s Manager Open Space. Special permission is required for filming of Bushland by Council’s Manager of Open Space.

 

·     Any filming in the area will have to take into consideration Council’s operational and maintenance programs. Council’s activities should not be impacted or inconvenienced by Filming activities.

                                                                                                       

·     The applicant may consult directly with the community over parking issues, where appropriate. This may include arranging alternative parking for residents and/or assistance in access to vehicles and transport arrangements in high density residential locations. Any such assessments must be brought to the attention of Council.
The Production Company shall ensure the production has appropriate levels of public liability insurance and all necessary licenses and permits relating to filming activities.

 

·     All crew, cast and extras must park in accordance with normal requirements unless special arrangements have been approved by the Council or Police. All crew and unit vehicles are to be legally parked at all times.

 

·     The applicant shall ensure that trucks and other vehicles fit under trees to avoid damage to branches. No trees, shrubs or other vegetation are to be moved, lopped or damaged. Care must be taken with parking oversized unit trucks in order to protect trees.

 

·     Unit or crew vehicles must only be parked in designated parking areas, unless otherwise stated in this permit. Parking on grassed areas is prohibited unless otherwise stated in this permit.

 

·     Vehicles shall not be parked in authorised residential parking zones for longer than the period applying to the non-residents’ vehicles, unless specific approval has been granted.

 

·     The Production Company must ensure that any traffic control undertaken in conjunction with filming shall be conducted by Police or RTA accredited traffic controllers and shall comply with all relevant WorkCover and industry safety standards.

 

·     The parking of any unit or crew vehicles on a state road requires RTA Approval.

 

·     Vehicles proposed to be located in Bus Zones require approval from Sydney Buses.

 

·     Road event permit and/or filming permit must be on-site at all times and located in a clearly visible position inside approved vehicles.

 

·    
All generators and other equipment that are to be used must conform to the Department of Environment and Conservation Guidelines and not create a nuisance to the amenity of the neighbours.

 

·     Production personnel must co-operate with state agencies and local council to maintain efficient traffic flows and the safety of other road users. The Production Company must ensure that the activities are undertaken without unduly disrupting stakeholders, pedestrians and/or motorists in the vicinity of the location, by at all times ensuring the right of unrestricted access and by maintaining a safe and clear footway for public use.

 

·     Traffic stopping and traffic diversions must be carried out by an accredited RTA Traffic Controllers and in accordance with a traffic management plan as agreed by Council, and if necessary, the RTA.

 

·     The filming permit (and other regulatory approval) shall be on-site all times and in the possession of the Location or the Unit Manager, who should be identifiable by all crew members.

 

·     Access to fire exits or utilities (e.g. electricity, water, telephone lines) and emergency vehicle access must not be impeded.

 

·     Councils may require damage or cleaning bonds as deemed fit. Any costs involved for any extraordinary cleaning subsequently required during or after the shoot, which is to be undertaken by the Council, will be borne by the applicant. Filmmakers are to; Leave the location clean and tidy and in its pre-filming condition. Only leave fixtures and fittings at the location where this is requested or approved by the local council and report any damage

Community Consultation

 

As this Policy is an outcome of the Related Legislation Amendment Bill and the new Filming Protocol implemented community consultation is not required for Council’s Filming Policy.

 

Conclusion

 

The Revised Local Government Protocol is a result of the Film Related Legislation Amendment Bill and following Council’s consideration on 18 May 2009 of the new Filming Protocol, a new Filming Policy is proposed which reflects the revised Protocol.  The new Fees and Bonds charges associated with the recovery costs for associated filming activities have now been included in Council’s 2009-2010 Budget. It is recommended that Council endorse the proposed Filming Policy which reflects the new Local Government Filming Protocol.

 

RECOMMENDATION

 

That the proposed attached Filming Policy for Lane Cove Council be approved.

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

Filming Final Draft Policy 1 July 2009

5 Pages

 

 

 


Ordinary Council Meeting 6 July 2009

 

Open Space and Urban Services Division Report No. 34

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 34

Subject:          Northwood Road/River Road Intersection - Traffic Analysis    

Record No:    SU1425 - 23668/09

Author(s):       Wayne Rylands 

 

 

Executive Summary

 

At the Ordinary Council meeting of 20 April 2009, Council resolved to engage the services of an expert to investigate proposals to improve safety for cars, pedestrians and cyclists through a re-design of the intersection of Northwood Road and River Road.

 

Council engaged Gennaoui Consulting Pty Ltd to undertake a detailed traffic study and prepare a report on the optimum traffic control treatment to address the safety concerns.

 

Gennaoui Consulting has recommended the provision of traffic signals at the intersection with an exclusive right turn bay for eastbound vehicles on River Road. This would require a reconfiguration of the intersection to allow an additional eastbound lane for the right turn bay.

 

Subject to community feedback on the proposed treatment in accordance with Council’s Community Consultation Policy, the traffic signals proposal will be forwarded to the Roads and Traffic Authority of NSW for their consideration and determination as to whether this treatment is implemented.

 

 

Background

 

At the Ordinary Council meeting of 20 April 2009, Councillor Palmer raised a Notice of Motion responding to traffic safety concerns raised by residents of Northwood about the intersection of Northwood Road and River Road. Council considered the Motion and then resolved:-

 

“ 1.      Council note the road safety concerns expressed by residents regarding the Northwood Rd/River Rd intersection;

 

2.         An expert report come back to Council with proposals to improve safety for cars, pedestrians and cyclists through a re-design of the intersection;

 

3.         A further report come back to Council detailing how and when the road safety

            improvements will be funded; and

 

4.         An interim progress report come back to Council within the next three months.”

 

In accordance with Resolution 2, Council engaged Gennaoui Consulting Pty Ltd to undertake a detailed traffic study and prepare a report on the possible traffic control treatments, recommending the best measure for implementation.

 

 

Discussion

 

Gennaoui Consulting Pty Ltd was engaged by Council to undertake a detailed traffic study and prepare a report on the optimum traffic control treatment to address the resident safety concerns with the intersection of Northwood Road and River Road.

 

The Gennaoui Consulting report is provided as Attachment 1.

 

The report examined:-

·     the road geometry of the intersection;

·     the existing speed zoning;

·     the accident history of the intersection between 2003 and 2007; and

·     the existing traffic conditions including the capacity of the intersection to carry vehicles.

 

Traffic modelling was then used to assess the intersection for design purposes.

 

Finally, Gennaoui Consulting examined the possible solutions including:-

 

·     Provision of a seagull treatment;

·     Provision of a roundabout;

·     Provision of an exclusive right turn lane from River Road into Northwood Road; and

·     Provision of traffic signals with a right turn lane from River Road into Northwood Road.

 

 

Community Consultation

 

Statement of Intent

 

The consultation is designed to inform the community of the findings of the Gennaoui Consulting Pty Ltd report.  Any comments received will be reviewed and evaluated to determine whether or not to proceed with forwarding the matter to the Roads and Traffic Authority for their evaluation and funding approval.

 

Method

 

Level of Participation

Inform

 

Involve

Consult

Form of Participation

Open

Targeted

Open

Target Audience

Lane Cove Community

 

Key Message Givers e.g. Northwood Community, North Shore Shuttle Service (Village Express)

Lower North Shore Transport Service

Lane Cove Community

 

Proposed Medium

 

E-Newsletter and Public exhibition

Letter and Email

Website, Exhibition and survey;

Indicative Timing

Public exhibition from 13 July 2009 until 13 September 2009

Public exhibition from 13 July 2009 until 13 September 2009

Public exhibition from 13 July 2009 until 13 September 2009

 

 

 


Conclusion

 

The Gennaoui Consulting Pty Ltd report provides a thorough analysis of the traffic and safety conditions at the intersection of Northwood road and River Road. Based on the detailed assessment undertaken, it is proposed that the traffic signal treatment be tabled for community consideration in a public exhibition period. Based on positive community feedback, Council will then refer the matter to the Roads and Traffic Authority of NSW for their consideration and possible funding.

 

RECOMMENDATION

 

That:-

 

1.         Council receive and note the Gennaoui Consulting Pty Ltd traffic report.

 

2.         The proposal for traffic signals at the intersection of Northwood Road and River Road be placed on public exhibition for 60 days and community consultation take place in accordance with the Consultation Strategy outlined in the report; and

 

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

Northwood Traffic Report

18 Pages

 

 

  


Ordinary Council Meeting 6 July 2009

 

Environmental Services Division Report No. 23

 

 

 

 

 

Reference:    Environmental Services Division Report No. 23

Subject:          Draft Comprehensive Development Control Plan    

Record No:    SU3410 - 23297/09

Author(s):       Stephanie Bashford; Vivienne Albin; Vanessa Scandurra 

 

 

 

Executive Summary

 

Council is requested to adopt for public exhibition the Draft Comprehensive Development Control Plan (CDCP) and explanatory schedule, which have been circulated in hard copy and electronically to Councillors, and are available at Council’s offices and on its website.

 

The CDCP has been developed over the past nine months to support the Comprehensive Local Environmental Plan (currently DLEP 2008), in providing for development which will satisfy the requirements of the Department of Planning’s Metropolitan Strategy for Sydney and Draft Inner North Subregional Strategy to achieve their residential and employment targets.

 

It is important that the public exhibition of the Comprehensive DCP proceed at the earliest opportunity, so as to facilitate the finalization of the Comprehensive LEP, since their timing is interdependent. The LEP cannot be gazetted until the accompanying DCP has been finalised. Council will recall the overview workshop in February 2009 and Community Information Night in May in relation to the report’s recommendation that Council adopt the Draft CDCP for public exhibition.

 

Background

 

Council had developed a series of DCPs since around 1990, relating to residential, commercial, industrial, bushland and other matters, following the introduction of the current LEP in 1987.

 

However, within the planning reforms introduced since April 2006, which required Council to prepare its new Local Environmental Plan under the NSW Standard LEP template, it is a requirement of the Environmental Planning & Assessment Act 1979 that a single, comprehensive development control plan be adopted by Council before the date of gazettal of the Comprehensive Local Environmental Plan:-

Clause 74(C )(2): “Only one development control plan made by the same relevant planning authority may apply in respect of the same land… If this subsection is not complied with, all the development control plans concerned have no effect.”

The local environmental plan will provide the essential statutory development zonings and standards for height, floor space ratio and site area, while the development control plan will provide the development controls such as landscaping and parking.

 

The DCP has been prepared as a joint project by Council staff and an independent consultant, GM Urban Design & Architecture. A community information session has been held, in early May, as well as meetings with commercial property owners and the ongoing involvement of staff from relevant divisions of Council.

 

Discussion

 

Process

 

The purpose of this report is to endorse the process for exhibiting the draft DCP. This will enable the DLEP to proceed to gazettal immediately upon finalisation of the DCP. The timeframe of the DLEP’s gazettal is dependent upon the DCP’s being exhibited at the earliest opportunity. The process would be that:-

 

(i)         Council adopts the draft DCP for public exhibition.

(ii)        The DCP’s exhibition is held for six weeks.

(iii)       Following exhibition a detailed report, discussing the DCP’s significant design and planning aspects and community issues raised, would be presented to Council.

(iv)       The DCP accompanying the report, amended in response to public submissions, would be recommended for finalisation to take effect from the date of the DLEP’s gazettal.

(v)        The Department of Planning would be notified of the DCP’s finalisation and would then undertake gazettal of the LEP.

 

The CDCP proposes area-specific controls for key growth areas under the Comprehensive Local Environmental Plan (currently DLEP 2008) and general provisions.

 

The Department of Planning has advised that the DCP is to ensure that it does not contradict the provisions of the LEP and has requested to be provided with a copy of the draft plan. The DCP has been drafted taking into account this requirement. It is to be noted that, under section 74F of the Act, the Minister may “direct a council to make, amend or revoke a development control plan”.

 

The key features of the draft plan’s contents are outlined in the explanatory schedule attached to the draft DCP, which is to be read in conjunction with the full document, having regard to the detailed contents of a comprehensive development control plan.

 

Timeframe

 

The timeframe for the LEP, and therefore the DCP, relates to the Metropolitan Strategy, and is based on 15 years for the first stage of residential growth and 25 years for employment growth. As the LEP is required to be reviewed after 12 months and 5 year periods, the DCP should also follow the same review framework.

 

Content

 

The following is an outline of the CDCP’s structure and contents.

 

Part A:             Introduction & Submitting a Development Application

 

Part B:             General objectives and controls, such as the relationship of developments to the  public domain, site amalgamation and avoidance of isolated sites, view sharing, environmental management, foreshore development, development near busy roads and rail corridors, safety and security, car parking, excavation

 

Part C:             *   Residential development: Single dwelling houses, dual occupancies, multi

dwelling houses (townhouses and villas) and residential flat buildings

 

*   Key localities ;Burns Bay, Finlayson St/ Birdwood Ave, Greenwich Conservation

Area and Longueville Rd.

 

Part D:             Commercial Development And Mixed Use, including:-

*   Special Commercial Areas: Lane Cove Village, St Leonards, Northwood Shops, Little Lane, Marshall Ave and 1-5 Longueville Rd

 

Part E:             Industrial Development, including:-

*   Special Industrial Areas: Chaplin Drive and 1 Sirius Rd

 

 

Part F:             Access and Mobility

Part G:             Acid Sulfate Soils

Part H:             Bushland Protection

Part I:               Child Care Centres

Part J:              Landscaping (including Species List and Tree Preservation Order)

Part K:             Motels

Part L:             Public Art

Part M:             Rain Water Tanks

Part N:             Sex Services Premises

Part O:            Signage

Part P:             Stormwater

Part Q:            Subdivision

Part R:             Telecommunications Facilities

Part S:             Waste Management And Minimisation

Attachments:   DA Checklist and Dictionary.

 

Format

 

A total of nineteen chapters form this DCP. The DCP’s new format is based on the following principles:-

 

·           Area-specific controls include “block plans” indicating the recommended proportions of public space, pedestrian linkages, site amalgamations and subdivision patterns for the avoidance of isolated sites.

·           Additional objectives for development controls have been provided to strengthen Council’s development application decisions before the Land & Environment Court.

·           The current DCPs, such as the Residential DCP, have been have been converted into specialised chapters within the new DCP and updated to take into account community concerns, legislative changes and other factors, and to reflect the new LEP zoning labels (e.g. from Residential 2(c ) to High Density Residential R4).

·           A general section at the commencement of the DCP amalgamates many of the requirements e.g. for view-sharing etc, to minimize duplication across the sections which used to be separate documents.

·           New DCPs have also been developed during the DLEP’s preparation in recent years in anticipation of their incorporation into the CDCP. These relate to the community’s changing needs, environmental expectations etc, and include the Child Care Centres DCP, Stormwater DCP, Signage DCP and Telecommunications DCP.

·           A Dictionary of relevant terminology is added at the rear of the DCP

·           The DCP is in colour, with increased use of diagrams and photographs to communicate and guide development form and siting.

·           The sections prepared with the consultant, chiefly in relation to residential and employment areas, are in a consistent style, whist other sections updated from  Council’s existing DCPs remain in a variety of formats. All sections will be unified into a single style following exhibition, before the CDCP’s presentation to Council for final adoption.

 

Community Consultation

 

Statement of Intent

 

The consultation is designed to inform and invite submissions on the Draft Comprehensive DCP. Any comments received will be reviewed and evaluated to determine whether or not to proceed with amendments to the plan.

 

Method

 

Level of Participation

Inform & Consult

Involve

Consult

Form of Participation

Open

Targeted

Targeted

Target Audience

Lane Cove Community,

Community groups, and Adjacent Councils

Key message givers e.g. Property owners in DLEP’s rezoning areas

Community and key stakeholders

Proposed Medium

Advertisements,

public exhibition, E-newsletter, and

Website Exhibition

Letter

Information session

Indicative Timing

July-August 09

July 09

July-August 09

 

Under clause 18 of the Environmental Planning & Assessment Regulation 2000, once Council has adopted a draft DCP for public exhibition, it must give (i) public notice in a local newspaper of the exhibition, and (ii) exhibit the draft plan for at least 28 days;  however Council’s Consultation Policy is to be followed of exhibiting the plan for six weeks.

 

It would be appropriate that the DCP be notified to local professionals and industry groups including architects, real estate agents and developers, owners of properties proposed for rezoning and the general community, as was done for the Community Information Session.

 

Conclusion

 

The purpose of this report is for Council to adopt the Draft DCP for exhibition, and to

endorse the process for exhibiting the draft Comprehensive DCP, to enable the community’s views

to be reported in detail after exhibition to Council and to facilitate the steps towards coordination

and finalisation of the LEP and DCP.

 

The DCP has been the subject of widespread review by staff and independent consultants. It

supports the draft LEP, as required by the Department of Planning, and complies with the

necessary regulations, and it is appropriate that it is now adopted.

 

 

RECOMMENDATION

 

That:-

 

1.         Council adopt the Draft Comprehensive Development Control Plan, circulated separately, for the purpose of public exhibition.

2.         The exhibition process be conducted in accordance with Council’s Consultation Policy with exhibition for a period of 6 weeks, rather than the statutory 28 day period and community consultation take place win accordance with the consultation strategy outlined in the report.

3.         A further report be submitted to Council following the exhibition period.

4.         A copy of the Draft DCP be provided to the Department of Planning.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

Draft Development Control Plan

 


Ordinary Council Meeting 6 July 2009

 

Environmental Services Division Report No. 147

 

 

 

 

 

Reference:    Environmental Services Division Report No. 147

Subject:          Cunninghams Reach Boatshed, Linley Point    

Record No:    DA08/202-01 - 16395/09

Author(s):       Michael Mason 

 

 

Property:                                 Lot 7101 DP 1055655, Lot 2 DP 1117218 and part of Riverbed of Lane Cove River, Cunninghams Reach, Linley Point

 

DA No:                                     D202/08

 

Date Lodged:                          8 July 2008

 

Cost of Work:                          $3.3 million

 

Owner:                                    Roads and Traffic Authority (Lot 2 DP 1117218) Department of Lands (Lot 7101 DP 1055655) NSW Maritime (Riverbed)

 

Author:                                     Wayne Siwak Urban Planning Consultant; Michael Mason

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

The construction of a boatshed and public pontoon

ZONE

Part 6(a) Open Space (Recreation) and 6(b) Bushland ‘B under Lane Cove Local Environmental Plan 1987 (Land Component) and W2 under Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (Riverbed Component)

RE1 Public Recreation under Draft Lane Cove Local Environmental Plan 2007 (Land Component)

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?

Yes

BCA CLASSIFICATION

Class 5, 6a, 7b and 8

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours                              7, 9, 11, 27, 29A, 31, 33, 35 The Crescent; 3, 5, 6, 8, 10 The Avenue; 1 Linley Place; 364 and 366 Burns Bay Road; 11A, 13, 15 Burton; 1 View Street

Ward Councillors                    Clrs. I. Longbottom,

                                                F. Teirney and W. Gaffney

Progress Association             Linley Point Progress Association

 

 

REASON FOR REFERRAL: 

 

The application has been referred to Council as Council has care control and management of the land.

 

EXECUTIVE SUMMARY:

 

·          The application is for the construction of a boatshed and public pontoon on the subject site.

 

·          The development would be used as a modern training facility by Sydney University Boat Club. 

 

·          The building would be used for the storage of rowing boats, small speedboats and trailer/s.

 

·          The pontoon and jetty would be used for the launching of rowing boats and skiffs being used for training purposes by club members.  The pontoon and jetty would also be available for usage by the public at all times.  The public would not be denied access to the pontoon and jetty. The club would maintain the pontoon and jetty.

 

·          The premises would be used as part of a junior program, which would be initiated, by Sydney University Boat Club and Sydney University Sports and Fitness.  The junior development program is proposed to draw from local schools and junior residents of Lane Cove Local Government Area.

 

·          Rowing boats stored in the building would be used for training on the Lane Cove River only.  Rowing boats would be transported on trailers to regatta venues elsewhere.

 

·          The development would not be used as a venue for regattas, a café, restaurant, licensed club, function centre, boathouse or for accommodation.

 

·          Amended plans were submitted to Council that improved the appearance of the building. Council’s Urban Design Consultant has raised no objection to the amended plans.

 

·          Five submissions were received in response to the notification of the original proposal. Three objections were received to the amended proposal.

 

·          As part of the development the applicant is required to provide and maintain public facilities that include public toilets, public pontoon and a footpath that would follow the loop road. The above are key facilities that would be considered a public benefit of the development. 

 

·          The applicant by letter dated 22 June 2009, has agreed to the provision of a single accessible public toilet which is within the building and which would be open and maintained when the boatshed is staffed by the Sydney University staff.  The University has agreed to provide for a gravel footpath beneath Figtree Bridge to join existing foot paths.  Also included is an offer to provide a fish cleaning table and wash basin connected to the existing water pipes to a value of $5000.  The letter also makes an offer of a contribution towards the rectification of the decking above existing concrete piers of their former boat shed.  Full details are contained in AT1.

 

·          The proposal is recommended for approval as a deferred commencement consent. The applicant would be requested to provide a plan showing the location and design of the various amenities listed above. If the above facilities do not receive Council’s approval the consent would not become activated. Any amended application that includes the provision of public toilets on the subject site will require the consent from the NSW Department of Lands and the Department of Water and Energy. If the above approvals cannot be obtained the development consent cannot be activated.

 

Background Information:    

 

The applicant has provided the following information:

 

The original Sydney University boathouse at Linley Point Reserve was constructed in 1965 and was destroyed by fire in March 2006.   In the interim, the Sydney University Boat Club has been hosted at the St Ignatius College Boat Shed on Tambourine Bay.  The Club has maintained its position as a premier rowing club with 17 members in the Australian Rowing Teams in 2007 despite the cramped conditions and shared facilities.

 

At the time of construction the original shed was designed primarily to accommodate the Sydney University men’s crews. Intervarsity races at this time were limited to an eight, four, pair and single, and competitors were limited to a single event.  This represented a maximum of approximately 20 people. The original design of two boat bays was adequate to suit that purpose.

 

By 2000 the growth of the sport and development of the club to an elite standard for both men and women increased the usage to around 35 people at each session.

 

Elite competition now requires that each rower compete in single, pair, four and eight. In most cases boats are individually set up for each competitor. This resulted in a minimum of 15 boat seats per competitor and created the need for a large fleet to service a small number of elite competitors.

 

At the time of the fire in February 2006 the boathouse was overflowing with the Club and private sculls of the 32 competitors preparing for the National Selection Trials. In excess of 40 boats of varying sizes were destroyed in addition to 6 speedboats and around 300 oars.

 

Following the fire, discussions commenced with NSW Maritime and Lane Cove Council to replace the facility. Analysis revealed several factors that had changed since construction of the original building including:

 

-      Significant increases in traffic along Burns Bay Road;

-      Development of residential areas at Riverview;

-      Increases in moorings in Burns Bay; and

-      Increased site usage and parking limitations.

 

In addition, changes to statutory requirements affected the type of building that could be provided. Sydney Harbour REP (Sydney Harbour Catchment) 2005 identified Linley Point reserve as a wetland site.

 

New South Wales Maritime strongly encouraged the opening up of foreshores and the placement of buildings on land rather than over water.

 

An extensive assessment of 3 sites was carried out and the outcome discussed with Council. It was generally agreed that the Cunninghams Reach Park site appeared to present the preferable option for the relocation of the boat shed. Assessment of these factors has indicated that Cunninghams Reach is a more suitable location for the boat shed.

 


History of Current Development Application:

 

-      The application was lodged on 8 July 2008.

 

-      The application was notified on 17 July 2008.

 

-      The application was referred to the Roads and Traffic Authority (RTA) on 5 August 2008. A response was received from the RTA on 19 September 2008.

 

-      The application was referred to the Foreshore and Waterways Planning and Development Advisory Committee on 5 August 2008.  A response was received on 3 September 2008.

 

-      The application was referred to the NSW Department of Lands on 5 August 2008.  No response was received although comments were already received as part of the development application.

 

-      The application was referred to the NSW Department of Primary Industries (Fisheries) on 5 August 2008.  A response was received on 18 August 2008.

 

-      The application was referred to NSW Maritime on 29 August 2008. A follow up letter was sent on 15 October 2008. A response was received on 28 October 2008.

 

-      The application was referred to the NSW Department of Water and Energy on 5 August 2008. A response was received on 25 September 2008.

 

-      The application was referred to Council’s Environmental Health Officer on 5 August 2008.  A response was received on 8 August 2008 requesting additional information and a letter was forwarded to the applicant requesting additional information on 11 August 2008.  The additional information was received from the applicant in mid October 2008 and a response from Council’s Environmental Health Officer was received on 17 October 2008.

 

-      The application was referred to Council’s Development Engineer on 5 August 2008.  A response was received on 20 August 2008.

 

-      The application was referred to Council’s Manager Open Space on 5 August 2008. A response was received on 5 September 2008. On 18 November 2008 Council’s Tree Assessment Officer provided appropriate draft conditions of approval.

 

-      The application was referred to Council’s Building Surveyor on 5 August 2008.  A response was received on 5 September 2008.

 

-      The application was referred to Council’s Heritage Adviser on 5 August 2008. A response was received on 12 September 2008. No objection was raised to the proposal.

 

-      The application was referred to Council’s Manager Strategic Planning in early October 2008.  A response was received on 17 October 2008.

 

-      The application was referred to Council’s Urban Design Consultant on 15 October 2008.  A response was received on 30 October 2008 raising concerns regarding the design of the building. In response to the Urban Design Consultant’s concerns a meeting was held with the applicant on 12 November 2008.  At that meeting the applicant was requested to discuss the concerns raised by Council’s consultant as soon as possible.

 

-      On 18 November 2008 the applicant’s architect and Council’s Consultant met to discuss the application.  On 28 November 2008 Council’s Urban Design consultant advised Council that the applicant should further review the proposed design. On 9 December 2008 the applicant’s architect was advised on the above. On 16 December 2008 the applicant’s architect advised that he would meet with Council’s Consultant to discuss further amendments to the proposed building. In response a meeting was held on 21 January 2009 with the applicant’s architect to further discuss the issues raised by Council’s Consultant. On 2 February 2009 the applicant’s architect advised he had met with Council’s Consultant and had resolved most of the outstanding issues relating to the design of the building.

 

-      On 4 March 2009 the applicant’s architect advised that a number of changes were made to the design of the building and that amended plans would be submitted to Council’s Urban Design Consultant.

 

-      On 17 March 2009 revised plans were submitted to Council and these plans were submitted to Council’s Consultant for comment. On 30 March 2009 Council’s Urban Design consultant raised no objection to the amended proposal subject to conditions.

 

-      The amended plans were again notified for 14 days on 30 March 2009.

 

-      The application was referred to Council’s Manager of Traffic on 5 August 2008. A response was received on 21 August 2008 raising concerns regarding car parking and traffic.  This was discussed with the applicant on 15 October 2008 and the applicant advised that he would instruct his traffic consultant to discuss the matter with Council’s Manager of Traffic. At a meeting held with the applicant and Council on 12 November 2008 the issue of car parking and traffic were raised again.  On 9 December 2008 the applicant’s architect advised that he would again instruct his traffic consultant to contact Council’s Manager of Traffic regarding the car parking and traffic issues. On 27 January 2009 advice was received from Council’s Manager of Traffic regarding car parking and traffic issues. A letter was sent outlining the above concerns. In response to Council’s letter a meeting was held with the applicant and Council on 9 February 2009. On 17 March 2009 a supplementary traffic report was submitted to Council for consideration. Council’s Manager of Traffic advised on 1 May 2009 that there is no objection to the proposed development subject to appropriate conditions.

 

-      On 12 November 2008 the applicant was requested to address the issue of safety and security. The applicant advised that he would obtain written advice from NSW Police Force. On 17 March 2009 advice was received raising no objections to the proposed development.

 

-      On 22 June 2009, the applicant submitted a letter detailing the amenities that they are proposing to provide on the site to ensure enhanced public amenity.

 

The Site:

                                   

The subject site is public land, used for recreational activities by the general public and it is administered and maintained by Lane Cove Council.

 

The site is an elongated park along the Lane Cove River, adjacent to and well below Burns Bay Road at Linley Point.  Vehicular access to and from the site is from Burns Bay Road, via a sealed, single lane, one-way loop road that passes under Fig Tree Bridge.

 

The key topographic feature of the site is a rock face, of between 1 – 8 metres in height, set parallel with Burns Bay Road.  This exposed rock face is the result of quarrying undertaken in the 1960’s. Land above the rock face, extending up to Burns Bay Road, is steep and well vegetated, other than for a section of the loop road. Land from the base of the rock face across to the river is essentially level, further confirming the extent of prior disturbance to this area of the foreshore.

 

Vegetation comprises expansive areas of grass and numerous pockets of vegetation. The riverbank, for its entire length at Cunninghams Reach, is defined by a rock wall and tree line.  Site Location Plan and Neighbour Notification Plan attached AT2 and AT3.

 

Surrounding Area:   

 

The land on the western side of Lane Cove River is occupied by Boronia Park within the Hunters Hill Local Government Area. On the eastern side of the site is Burns Bay Road with residential development further east. The subject site is out of direct sight of the residential development apart from the tree cover adjacent to Burns Bay Road. To the north of the site is bushland and further away are residential dwellings of varying height and scale.

 

Existing Development:

 

The site is located between the eastern bank of the Lane Cove River and Burns Bay Road, Linley Point. Facilities include a sealed car park with car parking for about 25 vehicles, a BBQ, picnic benches and seats. The subject site contains no buildings. A number of on site inspections (including weekdays and weekends) have revealed that the subject site (northern section of the park) is used on weekends (busy period) by many anglers who fish along the foreshores of the park. It appears that this particular section of the park (northern section) is mainly used for fishing along the foreshore.

 

Proposal:                  

 

The proposal consists of the following components:

 

Building/Structure   

 

-      Extension and upgrading of an existing pathway to provide a defined pedestrian access from the car park to the river bank, which will continue north adjacent to the river for the frontage of the site.

-      Construction of a two-storey building.

-      Construction of a deck and ramp providing access to a pontoon in the river, set adjacent to the riverbank, at the northern end of the site.

 

Use of Structure and Site

 

The development would be used for the following purposes:

 

-      As a modern training facility for Sydney University Boat Club only.

 

-      The facilities within the building would include video analysis facility, massage area, change rooms, toilets, hydrotherapy / recovery room and a small kitchenette for early morning breakfast for users (not the general public) of the facility.

 

-      Storage of sculls and rowing boats, small speed boats and occasional trailer storage.

 

-      The pontoon and jetty would be used for the launching of rowing boats being used for training purposes by the club members. The pontoon and jetty would also be available for usage by the public at all times. The public would not be denied access to the pontoon and jetty. The club would maintain the pontoon and jetty.           

-      The premises would be used as part of a junior program, which would be initiated, by Sydney University Boat Club and Sydney University Sports and Fitness. The junior development program is proposed to draw from local schools and junior residents of Lane Cove Local Government Area.

 

-      Rowing boats stored in the building and used on the Lane Cove River would only be used for training at this location. Rowing boats would be transported on trailers to regatta venues elsewhere.

 

-      The development would not be used for a venue for regattas, a café, restaurant, licensed club, function centre, boathouse or for accommodation.

 

-      No loud speakers are proposed to be used on training boats on the waterways or within the site.

 

Number of Users     

 

It is anticipated that approximately 25 athletes would use the facility in the morning and approximately 15 athletes in the afternoons, assisted by coaching staff of 1 – 3 people.

 

Hours of Operation

 

Monday – Friday 5.30am – 8.30am:

 

Training for elite athletes sponsored by the Institute of Sport (except on Thursdays at present). The training would usually involve the same group of athletes each morning who tend to travel together, usually 2 to 3 athletes per car.

 

Monday – Friday 4.00pm – 6.00pm:

 

A new juniors program for local school students involving approximately 15-16 children attending in the afternoons, with the majority of students travelling in groups in a small community bus.

 

Saturday 5.30am – 8.30am:

 

Training for elite athletes unless they are involved in racing events at other locations.

 

Saturday Afternoons:

 

New juniors program, same as weekday afternoons, although the number of students involved is likely to be lower than on weekdays.

 

Sundays Mornings:

 

Minimal activity (training for individual athletes if required).

 

Sunday Afternoons:

 

Closed, except to return boats after Saturday events elsewhere.       

 

Floor Space

 

-      Ground floor: 829sqm

-      First floor: 454sqm

-      Total: 1,284sqm

 

Setbacks from River

 

-      Minimum 9.756m

-      Maximum 14.562m

 

Maximum Height

 

-      10.3m (RL 14m)

 

Ground Floor Facilities

 

-      Covered entry and foyer

-      Male and female change rooms

-      Accessible facility

-      Coach’s change room

-      Hydrotherapy pool room

-      Lift and stairwell

-      Extensive boat storage areas

-      Repair bay, workshop and storage area

-      External boat wash area

 

First Floor Facilities

 

-      Balcony

-      Video analysis room

-      Massage/recovery area

-      Ergometer area

-      Kitchen and breakfast area

-      Office

-      Various storage rooms and amenities

-      Lift and stairwell

 

Commemorative Plaque

 

It should be noted that a commemorative plaque for the fig trees planted on site in 1995 is located on the cliff face. The proposed building would obscure the view of the plaque. The applicant has indicated on the submitted amended plans that the plaque would be relocated near the eastern end of the path near the proposed building. The applicant has not indicated whether the plaque would be mounted on a pole or located at ground level.       

 

As a condition of approval the applicant would be required to provide further details of the location and housing of the plaque.

 

Amended Plans

 

Following discussions with the applicant, amended plans were submitted to Council on 20 March 2009.  The changes include:

 

-      Roof direction on upper floor.

-      Orientation of ventilated highlights.

-      External colours reselected to a grey/green scheme.

-      Change in external materials on upper levels to remove fibre cement sheeting.

-      Verandah shape carried from semi-round to rectangular.

-      Water tank numbers increased and regularised as a design feature.

-      The identification wall on the south side detached from the main structure.

-      The roof over the southern end (female change rooms) pitched toward the water.

-      Metal cladding above roller doors varied to be consistent with the roller doors.

-      Minor changes to internal layouts to accommodate structural changes necessitated by the change of roof directions.

-      The graphic faced perforated metal screens over windows change in some cases from rhomboid to rectangular shapes.

-      Amendments to the stormwater and erosion control plans to accommodate the new layout of water tanks.

 

STATUTORY REQUIREMENTS - ASSESSMENT:

 

Section 79C(1)(a) The provisions of any environmental planning instrument, any draft environmental planning instrument that is or has been placed on public exhibition, any development control plan, and any matter prescribed by the regulations.

 

The site is subject to a number of statutes due to:

 

-      Its location involving the river foreshore and riverbed of Lane Cove River.

-      Land ownership by the Crown (Department of Lands and RTA).

-      Classification of land under Local Government Act 1993.

-      Need for planning permission under the NSW Environmental Planning and Assessment Act 1979.

 

Accordingly comments are provided on the following relevant statutes below.        

 

Integrated Development under the Environmental Planning and Assessment Act 1979

 

The proposed development is “Integrated Development” under the Environmental Planning and Assessment Act 1979, as it requires referral to and comments of the following Departments:

 

-      Department of Water and Energy - Water Management Act 2000. Approval from the Department of Water and Energy has been received.

-      Department of Primary Industries - The application was referred to Department of Primary Industries on the basis that the proposed development would potentially create an obstruction, across or within a bay, inlet, river or creek, or across or around a flat. Advice was received that no approval was required under the Fisheries Management Act 1994.

-      Department of Lands - As part of the proposal is on Crown Land. Comments were received and are discussed later in the report.

-      Waterways Planning and Development Advisory Committee - The application was referred to NSW Maritime - Waterways Planning and Development Advisory Committee as the proposed development will be located on the foreshore of the river.

-      Roads Traffic Authority - The application was referred to the RTA for advice as to whether any part of the subject site is required for road purposes. The RTA has no proposal that requires any part of the subject property for road purposes. No objection was raised to the proposed development subject to the imposition of conditions.   

 

 

 

 

 

Relevant Acts

 

Local Government Act 1993

 

The subject site is classified as ‘community land’ under the Local Government Act 1993. To address associated statutory requirements Council adopted the Lane Cove Community Land Management Plan - December 2000. This Plan provides generic plans of management for 10 broad categories of community land and nominates core objectives for each land category and performance targets.

 

The land would be subject to the “Foreshores” generic plan of management.  The objective of this plan is:

 

-     To maintain the foreshore as a transition between the aquatic and terrestrial environment, and to protect and enhance all functions associated with foreshore’s role as a transition area;

Comment:

 

The foreshore along the subject site is defined by both informal and formal rock walls. The form, location and presentation of the foreshore in this locality would not be altered by this proposal. As part of the development application an “Aquatic Ecology Survey” was undertaken by a qualified consultant – “Marine Pollution Research P/L” for the proposed pontoon and ramp.  The report concluded as follows:

 

“It is concluded that the construction and use of a timber deck, ramp and pontoon by the Sydney University Rowing Club along the Cunningham’s Reach Park in the Lane Cove River at Linley Point, can be undertaken with no significant impact on marine vegetation or other aquatic habitats in the locality. There could be a net benefit for the aquatic ecology of the locality by virtue of the provision of some additional hard substratum habitat (wetted surface areas of the pontoon and of the support piles) for colonisation by marine biota including algae, which could colonise the shallow wetted surface areas of the pontoon.

It is also concluded that the proposed facility would meet the aims of aquatic ecological conservation of the Fisheries Management Act (1994) for the protection of aquatic habitats and would meet the performance criteria for the conservation of aquatic communities with high conservation status, as detailed in the DCP for Sydney REP (Sydney Catchment) 2004.”     

 

-     To facilitate the ecologically sustainable use of the foreshore, and to mitigate impact on the foreshore by community use;

 

Comment

 

The interface between the river and the land would not be altered by the proposed development. The construction, design and use of the proposed building would not result in any adverse effects upon the natural environment in particular in terms of air and water quality.

 

The performance targets of this plan are:

 

-     Remaining rock outcrops, cliff lines and vegetated foreshores protected;

 

Comment

 

The exposed rock face adjacent to the proposed building is a result of quarrying from the 1960’s.  The rock face would not be altered by the proposed development and the vegetated foreshore would be maintained.

 

-     The foreshore form remains as close as is practical to the natural character;

 

Comment

 

The proposal due to its careful design does not alter the existing location, structure or presentation of the foreshore.

 

-     Continuous line of any natural feature is preserved and remains the dominant feature in the landscape;

 

Comment

 

The riverbank and rock wall are the most dominant features of the immediate locality and would not be significantly altered by this development proposal.

 

-     Littoral vegetation is preserved and enhanced; and

 

Comment

 

Existing vegetation along the foreshore would be maintained and embellished by the proposed development.

 

-     Vegetation cover is maintained on the upper slopes and ridgelines, along drainage lines and within visually prominent areas.

 

Comment

 

The upper slopes above the proposed building would be unaltered, and also would be revegetated by this proposal.

 

It is considered this proposal is generally consistent with the terms of Council’s Plan of Management for the site.

 

Crown Lands Act 1989

 

Part of the site is Crown land, in particular Lot 7101 DP 1055655, which is under the ownership of the Department of Lands.  Council has the care, control and management of that land. 

 

Objects of the Act:

 

The objects of this Act are to ensure that Crown land is managed for the benefit of the people of New South Wales, and in particular to provide for:          

 

(a) a proper assessment of Crown land,

(b) the management of Crown land having regard to the principles of Crown land management contained in this Act,

(c) the proper development and conservation of Crown land having regard to those principles,

(d) the regulation of the conditions under which Crown land is permitted to be occupied, used, sold, leased, licensed or otherwise dealt with,

(e) the reservation or dedication of Crown land for public purposes and the management and use of the reserved or dedicated land, and

(f) the collection, recording and dissemination of information in relation to Crown land.

The principles for the proper development of Crown Land are set out in Section 11 of the Act. The following principles are discussed below:

 

Compliance with the Principles

 

-     That environmental protection principles be observed in relation to the management and administration of Crown land;

 

Comment

 

Appropriate measures would be required to be implemented for the collection and disposal of stormwater.  Also the development would be required to provide landscaping of the areas surrounding the works, so as to ensure that once operational, use of the building and pontoon would not create adverse environmental impacts.

 

-     That the natural resources of Crown land (including water, soil, flora, fauna and scenic quality) be conserved wherever possible;

 

Comment

 

The design and location of the proposal generally satisfies this principle. Best management practices should be required to be implemented to control runoff and soil erosion and to trap sediment in order to maintain satisfactory water quality in river. It is considered that no adverse impact in terms of flora, fauna and the ecosystem would result from the proposed development. It is noted that the development proposes additional landscaping involving a mixture of trees and shrubs, which includes natives. It is considered that the scenic quality of the locality would not be significantly affected by the development. The bulk, scale, building height, materials, textures, and colours (consistent with surrounding vegetation) of the proposal are such that when viewed from other parts of the area the development would not be a dominant feature.

 

-     That public use and enjoyment of appropriate Crown land be encouraged;

 

Comment

 

The primary attraction of the land is the river foreshore.  The proposed development would not hinder and diminish public access or enjoyment of the land and in particular the river foreshore.  As a result of the development the public would be able to enjoy the additional benefit of use the proposed ramp and pontoon and the other amenities proposed by the University in their letter of 22 June 2009.  However, the building site would no longer be generally accessible by the public.

 

-     That, where appropriate, multiple use of Crown land be encouraged;

 

Comment

 

The proposed development would encourage multiple use of the land without diminishing the primary form of public enjoyment of the land, being use of the river foreshore.  The surrounding area would be maintained as a passive recreational area for the enjoyment of the general public.

 

-     That, where appropriate, Crown land should be used and managed in such a way that both the land and its resources are sustained in perpetuity, and the land would continue to be managed in accordance with Council’s Plan of Management; and

 

-     That Crown land be occupied, used, sold, leased, licensed or otherwise dealt with in the best interests of the State consistent with the above principles.

 

Comment

 

The proposal is generally consistent with the terms of Council’s Plan of Management for the site.

 

ENVIRONMENTAL PLANNING INSTRUMENTS

 

Lane Cove Local Environmental Plan 1987 (LEP)

 

The proposed development is subject to Clauses 2, 7, 8, 9, 15, 16, 18A, 18D, 18E and 18G of Lane Local Environmental Plan 1987 and are discussed below: -

 

Clause 2 - Aims & Objectives

 

Clause 2 of the LEP provides that the general aims of this plan are to:

 

(a)    preserve and where appropriate improve the existing character and environmental quality of the land to which it applies in accordance with the indicated expectations of the community, and

(b)     integrate previous planning controls in one comprehensive document.

 

The particular aims of this plan in relation to the provision of open space and management of foreshore land: 

 

(i)         to preserve and where appropriate restore identified privately owned bushland areas,

(ii)        to include identified bushland areas previously included in existing open space zones in an open space bushland zone,

(iii)       to restrict certain development within 30 metres of the Lane Cove River foreshores,

(iv)       to make provision for rights of public access to increased areas of foreshore land and to link existing open space areas (public enjoyment and access to open space areas are to be maximised by the construction of foreshore walks),

(v)        to provide for dedication wherever possible of foreshore land as a condition of development consent to development on the foreshore, and

(vi)       to regulate the visual impact of all development within foreshore areas having regard to height, bulk, colour and texture of materials and design,

 

Comment

 

The proposed development generally satisfies the above objectives. It should be noted that objective (iii) that restricts certain development within 30 metres of Lane Cove River foreshores is discussed below.

 

Firstly this objective does not seek to prohibit development within 30 metres of the foreshores.  It seeks to impose greater restrictions on certain developments in the vicinity of the foreshores of the Lane Cove River than in other locations. 

 

Secondly it is considered that the proposed development, which is located within 30 metres of the foreshore, is appropriate at this location in terms of its design, which is compatible with the surrounding area. Due to its materials, textures and in particular its colours it is considered that the proposed building would fit within the foreshore and not adversely impact on the scenic quality of the area.

Thirdly the proposed boatshed development, by its very nature, interacts directly with the river and the foreshore and must be located close to the river.

 

The assessment has not identified any circumstance that would be inconsistent with these objectives. The proposed development satisfies the Aims and Objectives of the Lane Cove Local Environmental Plan 1987. 

 

Clause 7 - Consent Authority

 

Comment

 

Lane Cove Council is the Consent Authority for this Development Application.         

 

Clause 8 - Zones Indicated on the Map  

 

Comment

 

Allotments 7101 DP 1055655 and Lot 2 DP 1117218 are within the 6(a) Open Space (Recreation) Zone under Lane Cove Local Environmental Plan 1987. Part of Lot 7101 DP 1055655 is within the 6(b) Bushland ‘B’ Zone. The proposed development will be located totally within the 6(a) Open Space (Recreation) Zone. It should be noted that the subject site is not zoned ‘Environment Protection’ under the LEP. 

 

Clause 9 - Zone Objectives and Development Control Table

 

Development permissible (with consent) within the current 6(a) Open Space (Recreation) Zoning includes:

 

Drainage; earthworks; recreation areas; roads; utility installations (other than gas holders or generating works); works for the purposes of gardening, gardening, landscaping and bushfire hazard reduction.

 

Recreation area means:

 

(a)  a children’s playground,

(b)  an area used for sporting activities or sporting facilities,

(c)  an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community, and

(d)  an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes, but does not include racecourses or showgrounds.       

                     

The objective of the zone is to provide passive and active recreation facilities to meet the community’s reasonable identified needs.

 

Comment

 

It is considered that the proposal conforms to the definition of a ‘Recreation Area’ and therefore, is permissible within the 6 (a) Open Space (Recreation) Zone, subject to the consent of Council. Also it is considered that the proposed development satisfies the objective of the zone.

 

Clause 15 - Recreation Areas    

              

Clause 15 states that: The council shall not consent to the carrying out of development on land within Zone No 6(a) or 9(a), being land owned or controlled by the council, unless it has made an assessment of:

 

a)   The need for the proposed development on that land,

b)   The impact of the proposed development on the existing or likely future use of the land, and

c)   The need to retain the land for its existing or likely future use.

 

Comment

 

This proposal replaces an existing facility, but in a more appropriate location.  The proposed building is more than adequately setback (between 9.7 and 14.5 metres) from the river foreshore, which is the primary attraction for existing users of the site.  Accordingly it is considered that the existing and future public enjoyment of Cunninghams Reach for public recreational activities would not be eroded in the future.  In fact it is considered that the pontoon structure would encourage increased use of the area from recreational water craft and anglers alike.

 

Clause 16 - Preservation of Trees

 

Comment

 

30 trees are proposed to be removed. The application was referred to Council’s Tree Assessment Officer for assessment.  No objections were raised to the proposal subject to the imposition of specific conditions.  The conditions relate to measures to protect trees and controls on excavation in the proximity of existing trees.

 

Clause 18A - Protection of Heritage Items, Heritage Conservation Areas and Relics

 

Comment

 

The subject site is not listed as a Heritage Item under Lane Cove Local Environmental Plan 1987 and the site is not located within a Heritage Conservation Area. The application was referred to Council’s Heritage Advisor for comment. Council’s Advisor has indicated that:

 

“It is important that public access is available to all open areas surrounding the building and that access to the foreshore is not restricted.”

 

The Advisor has no objection to the proposed development in terms of heritage impact, provided the issues of access and views are accommodated. The development would ensure that public access is available around the building and along the foreshore.   

 

Clauses 18D - Development of Known or Potential Archaeological Sites

 

Comment

 

Cunninghams Reach is listed in Schedule 5 of Lane Cove Local Environmental Plan 1987 as being a potential archaeological site. As part of the Development Application the applicant was requested to undertake a search of the Department of Environment and Climate Change’s (NSW) Aboriginal Heritage Information.

 

A search of the Department of Environment and Climate Change’s Aboriginal Heritage Information Management System (AHIMS) confirms that there are no aboriginal objects or places recorded in or near the subject site. Council’s Heritage Advisor has advised as follows:     

 

“In terms of archaeological significance, this area of the site is unlikely to yield relics of potential significance as the site is not affected by any known activity of European settlement. The park comprises an artificially constructed landscape, therefore obscuring any evidence of indigenous relics, and remnants of aboriginal middens would occur closer to the tidal zone.”

 

            Clause 18E - Development on Land Adjoining Heritage Items or Archaeological Sites

 

Comment

 

The subject site does not adjoin a Heritage Item or archaeological site under Lane Cove Local Environmental Plan 1987.

 

Clause 18G - Conservation of Landscape/Riverscape Qualities

 

Council is required to consider the impact of the development on the heritage significance of the Lane Cover River or a landscape feature.

 

Comment

 

The proposed development would be visible from the river. The proposal was submitted to the Waterways Committee for comment. The committee did not raise objection to the proposal but did recommend specific conditions to address the Conservation of Riverscape qualities in the context of the Lane Cove River. 

 

REGIONAL ENVIRONMENTAL PLANS        

          

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (REP)

 

The Plan covers the area of Sydney Harbour, including Lane Cove River. The Plan aims to establish a balance between promoting a prosperous working harbour, maintaining a healthy and sustainable waterway environment and promoting recreational access to the foreshore and waterways.  It establishes planning principles and controls for the catchment as a whole.

 

Part 2 of the Plan provides planning principles in the preparation of Local Environmental Plans and Development Control Plans, environmental studies and master plans, which are not relevant to this application.

 

Part 3 of the plan applies to the Foreshores and Waterways area. It sets out various development controls, matters for consideration, special provisions and matters relating to the Foreshores and Waterways Planning and Development Advisory Committee.

 

Permissibility

 

The land component is located within a defined foreshore area, but is not within any zone established under the Regional Environmental Plan (REP). However the REP applies a ‘W2 Environment Protection’ zone to that part of the Lane Cove River adjacent to Cunninghams Reach.  Consequently Part 3 of the Plan is therefore applicable as the proposal includes the construction of a deck, ramp and pontoon within the W2 zone for use by the Sydney University Boat Club and also by the general public.

The proposed pontoon and associated elements is defined by the REP as a recreational or club facility being:

 

a building or place used exclusively for sporting or leisure activities, whether operated for the purpose of gain or not.

 

Comment

 

A recreation or club facility is permissible with consent within the W2 Environmental Protection zone in accordance with Clause 18 of the REP. The proposed pontoon would be considered part of a club facility, as the Sydney University Boat Club could not operate without this particular facility.

 

Objectives

 

The objectives for the ‘W2 Environment Protection’ zone are to:

 

(a) protect the natural and cultural values of waters in this zone,

(b) prevent damage or the possibility of longer term detrimental impacts to the natural and cultural values of waters in this zone and adjoining foreshores,           

(c) give preference to enhancing and rehabilitating the natural and cultural values of waters in this zone and adjoining foreshores,

(d) provide for the long-term management of the natural and cultural values of waters in this zone and adjoining foreshores.

 

Comment

 

The proposed pontoon and associated structures are consistent with the above objectives.

 

Matters for Consideration

 

Clauses 22 - 27 of the REP set out matters for consideration with regard to development within the foreshores and waterways area. These issues are addressed below:

 

Clause 21-Biodiversity, ecology and environment protection

 

Comment

 

The site and adjacent waterway do not support any threatened terrestrial and aquatic ecological species or communities. Retention of the existing seawall ensures that the existing interface between the river and foreshore remains unaltered.

 

Clause 22-Public access to, and use of, foreshores and waterways

 

Comment

 

The proposal includes upgrading and extension of the existing pedestrian pathway adjacent to the foreshore. The proposed location of the pontoon and associated structures at the northern extremity of the site, (where pedestrian access along the riverbank terminates due to topographic constraints), ensures that public access along the river foreshore will remain.

 

 

 

Clause 23-Maintenance of a working harbour

 

Comment

 

Not applicable.

 

Clause 24-Interrelationship of waterway and foreshore uses

 

Comment

 

The proposed development would not prevent access to, and use of the Lane Cove River and its foreshores. It is considered that the pontoon has been designed and located to minimise encroachment into the navigable areas of the river.

 

Clause 25-Foreshore and waterways scenic quality

 

Comment

 

It is considered that the scale, building form, careful design, colours, materials, textures and siting of the building and pontoon have been formulated to minimise visual intrusion in order to maintain the scenic qualities of the immediate locality. It should be noted that the recreational character of the site is within the context of an urbanised area and includes elements such as Fig Tree Bridge and various large dwellings houses, which are clearly visible from Lane Cove River.

 

Clause 26-Maintenance, protection and enhancement of views

 

Comment

 

Although the building will be visible from the river, it is considered that it will not diminish the quality or value of the view from the river given its form, presentation and location.  Views of the river over Cunninghams Reach are limited from Burns Bay Road due to prevailing topography and vegetation. The building would not be visible from residential development in Linley Point, east of Burns Bay Road, again due to topography and vegetation. The building will be basically tucked away behind an escarpment and will not be visible from Burns Bay Road.

 

Clause 27-Boat storage facilities

 

Comment

 

No boats are proposed to be moored on the pontoon or on the river.

 

Foreshores and Waterways Planning and Development Advisory Committee

 

Clauses 28 - 31 of the REP deal with consultation with the Foreshores and Waterways Planning and Development Advisory Committee.

 

Comment

 

The application was referred to the committee and is addressed latter in the report.

 

Heritage Items

 

Part 5 of the REP deals with heritage items identified in Schedule 4 of the Plan.

Comment

 

The site is not a listed heritage item under the Plan, nor is it in the vicinity of any item listed in that schedule. It should be noted that the remains of a baths in Boronia Park, on the western side of the river opposite the site, (within the Hunters Hill Local Government Area) is a listed heritage item. The proposed development is located well away from the above heritage item and would not have any adverse impact on the subject heritage item.

 

Aboriginal Heritage Significance

 

Clause 57 of the REP addresses matters of Aboriginal heritage significance.

 

Comment

 

The REP states that before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance, or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, Council must consider an Aboriginal heritage impact assessment. Cunninghams Reach is listed in Schedule 5 of Lane Cove Local Environmental Plan 1987 as being a potential archaeological site. As part of the Development Application the applicant was requested to undertake a search of the Department of Environment and Climate Change’s Aboriginal Heritage Information Management System (AHIMS). A search of the Department of Environment and Climate Change’s Aboriginal Heritage Information Management System (AHIMS) confirms that there are no aboriginal objects or places recorded in or near the subject site.  On this basis clause 57 of the REP is satisfied.

 

Wetland Protection

 

Clauses 61 - 63 of the REP address the issue of wetland protection.

 

Comment

 

There are no immediate wetlands in the location of the site. It should be noted that there are wetlands along the western shore of the river, opposite the site, and further south near Fig Tree Bridge. Those wetlands are some distance from the proposed development and will not be adversely affected.

 

Regional Environmental Plan Development Control Plan (DCP)

 

The REP is also supported by a Development Control Plan, which provides detailed design guidelines for development and criteria for natural resource protection for the area identified as Foreshores and Waterways area. The relevant provisions of the DCP are addressed below.

 

Ecological Assessment

 

Section 2 of the DCP addresses the ecological assessment of proposed development. Various performance criteria are provided to conserve biological diversity within and around Sydney Harbour to ensure that:

 

-     ecological communities, particularly those which form wildlife habitats, are protected and where feasible enhanced;

-     development is sited to retain native vegetation, wetlands and natural foreshores;

-     development is accompanied by revegetation and rehabilitation of degraded foreshores, where appropriate; and

-     development does not impact adversely on water quality.

 

The ecological communities and their conservation status, as established by the DCP, relevant to Cunninghams Reach and the adjacent section of the river, are shown below:

 

 

Community Type

Conservation Status

Terrestrial communities

Grassland

Low

Aquatic communities

Mixed rock intertidal and mudflats

High

 

The performance criteria for each of these two communities, relative to their conservation status, are considered below:

 

Terrestrial Communities - Low Conservation Status

 

Vegetation Protection

 

To conserve and enhance vegetation

           

Comment

 

Proposed landscaping of the subject site would offset any loss of vegetation associated with construction of the development.

 

Reduce Predation Pressure

 

To minimise the risk of predation on native fauna species by domestic pets.

 

Comment

 

Not applicable given the nature of the proposal.

 

Soil Conservation and Pollution Control

 

To minimise impacts associated with soil erosion, water siltation and pollution.

 

Comment

 

The proposed development (subject to appropriate conditions of approval) is considered unlikely to cause pollution or siltation of the nearby waterway. The proposal is therefore not likely to have an adverse impact in terms of water quality. Best management practices should be required to be implemented to control runoff and soil erosion and to trap sediment. Appropriate conditions of consent would ensure that the proposed development would not adversely impact on the water quality of the adjoining waterway.

 

Aquatic Communities - High Conservation Status

 

Controlling Shading

 

To minimise impacts from shading on communities of high conservation value.

 

Comment

 

The DCP maps do not identify that any seagrass beds, mangroves or the like are located adjacent to Cunninghams Reach.

Avoiding Harmful Effects of Reclamation

 

To minimise the effects from reclamation.

 

Comment

 

No reclamation works are proposed.

 

Urban Run-off

 

To minimise the effects from urban run-off.

 

Comment

 

Appropriate sediment and pollution controls, both during construction and after the development is complete and occupied, can be ensured via draft conditions of consent.

 

Dredging

 

To minimise the effects of dredging.

 

Comment

 

No dredging is proposed for the development.

 

Physical Damage

 

To minimise physical damage to communities of high conservation value.

 

Comment

 

Works proposed within the river, and along the riverbank are limited and should be undertaken without any adverse impacts.

 

Tidal Flows/Currents

 

To minimise changes to natural tidal flow/currents.

 

Comment

 

Due to its location and design, it is considered that the proposed pontoon would cause minimal interference to natural tidal movements.

 

Landscape Assessment

 

Part 3 of the Plan addresses the issue of Landscape Assessment. The DCP classifies sections of the Harbour into a number of different landscape character types. Performance criteria are devised for each area.

 

The subject site falls within Landscape Character Type 13, which applies to the upper end of the Lane Cove River from Fig Tree Bridge and including Tambourine and Burns Bays. The performance criteria for Landscape Character type 13 are addressed below:

 

Sited and designed to protect the current natural foreshore and views of the ridgeline

 

Comment

 

The proposed building has been more than adequately setback from the river to minimise the impact on views of the foreshore from the river. Views of the ridgeline would remain unaltered, as the local topography to the east, beyond the building, is significantly higher than the subject site.

 

Retains the character of the enclosed water body or bay by maintaining the visual dominance of the natural features and preserving key points and entry into these areas in their natural state

 

Comment

 

The design, position and presentation of the building and jetty would ensure that current views along the river will remain basically unaltered.          

 

The vehicle entry to Cunninghams Reach is via the existing loop road under Fig Tree Bridge. No changes to the loop road are proposed. Views are also from Burns Bay Road on Fig Tree Bridge. Local topography and the distance separating the development from those points will ensure that the current visual character is not altered.

 

Littoral vegetation is preserved and enhanced and consideration is given to its importance in maintaining a sense of enclosure within the waterway.

 

Comment

 

The proposed development does not propose to remove any Littoral vegetation along the foreshore.  The DCP does not identify the existence of either seagrasses or mangroves adjacent to the site. 

 

The dense native vegetation from the shoreline to the ridgeline, along drainage lines and within visually prominent areas, is protected.

 

Comment

 

The proposed development satisfies the above requirement.  

 

Views of the natural features from the waterway should, as far as possible, remain undisturbed and encroachment into natural areas should be avoided

 

Comment

 

Although the site does support various types of vegetation, the ‘Ecological Communities and Landscape’ map in the DCP classifies Cunninghams Reach as comprising grassland, of low conservation value. The proposed development proposes additional landscaping, which will further enhance the site.

 

Colours should match native vegetation as closely as possible with trim colours drawn from natural elements such as tree trunks and stone

 

Comment

 

In terms of colours, materials and textures Council’s Urban Design consultant has requested that the following conditions be imposed on any development approval:

 

1.   The ground floor of the building is shown as smooth-face concrete block. An anti-graffiti coating to these walls shall be provided.

 

2.   The upper floor is generally clad in a ‘Pale Eucalypt’ colourbond. The water tanks shall be the same colour so that they are read as part of the façade of the building.

 

3.   The wall that opens onto the balcony on the first floor is shown as a ‘terracade’ material. A colour similar to or darker than the ‘Pale Eucalypt’ would be preferable in order to provide continuity across the upper level façade.

 

4.   The metal louvers on the ground are marked as being ‘Pandamonium Silver’. The colours of the louvers shall be changed to ‘Windspray’.

 

The consultant has indicated that the above adjustments to the colours as required above will further enhance the building’s contribution to the river.

 

Guidelines for developments that are water-based at the land/water interface

 

Part 4 of the DCP provides guidelines for developments that are water-based or located at the land/water interface. The considerations included in Part 4 of the Plan are addressed below:

 

Foreshore Access

 

Comment

 

Access will be maintained and improved by extending and upgrading the existing pathways. The proposed development will not hinder access along the foreshore.   The applicant has offered in their letter of 22 June 2009 to provide a gravel path over the service trenches beneath Figtree Bridge to join existing footpaths.  Council’s Engineers have advised that this footpath should be concrete, not gravel.  This has been reflected in the draft deferred commencement conditions.

 

Siting of Buildings and Structures

 

Comment

 

It is considered that the location of the proposed building and pontoon satisfactorily addresses the waterway. The location of the building and pontoon are considered to respond satisfactorily to local topography and the shoreline respectively. Similarly the position of the building will not obstruct views of any landmarks or major features.

 

Built Form

 

Comment

 

Council’s Urban Design consultant has provided the following comments regarding the building form:

 

“Whilst the building is still large for it’s site, I believe the new treatment of the roof and façade as well as the revised palette of colours and materials has significantly changed the appearance of the building. The building will sit comfortably within its site and would not dominate Linley Point”.

 

In view of the above comments it is considered that the proposed building form is satisfactorily.

Signage

 

Comment

 

Only building identification signage is proposed for the development. An appropriate condition of approval would prohibit any advertising sign or structure on the subject site.

 

Marinas

 

Comment

 

No marina is proposed.

 

Landing Facilities

 

Comment

 

It is considered that the pontoon is designed and located to minimise intrusion into the river, both visually and with regard to navigation on the river.

Reclamation

 

Comment

           

Not applicable.

 

STATE ENVIRONMENTAL PLANNING POLICIES (SEPP)

 

SEPP No 19 (Bushland in Urban Areas)

 

The proposed development is subject to SEPP No 19 as it adjoins bushland.  The policy aims to protect and preserve bushland within urban areas. 

Need for consent

 

Clause 6 provides that a person shall not disturb bushland zoned or reserved for public open space purposes without the consent of Council.

 

Subclause 6(4) provides that the consent authority shall not consent to such development unless:

 

(a)  it has made an assessment of the need to protect and preserve the bushland having regard to the aims of this Policy;

(b)  it is satisfied that the disturbance of the bushland is essential for a purpose in the public interest and no reasonable alternative is available to the disturbance of that bushland; and

(c)  it is satisfied that the amount of bushland proposed to be disturbed is as little as possible and, where bushland is disturbed to allow construction work to be carried out, the bushland will be reinstated upon completion of that work as far as possible.

 

Comment

 

In view of the nature, scale and design of the development, it is considered that no adverse impact in terms of drainage and sedimentation and impact on flora and fauna would result from the proposed development.

 

It is considered that the proposed development satisfies the aims of SEPP 19 and the heads of consideration of sub – Clause 6 (4).

SEPP No 44 (Koala Habitat)

 

Comment

 

The subject site is less than the Policy requirement of 10,000 square metres.  Accordingly the policy is not applicable.

 

SEPP No 55 (Remediation)

 

The provisions of State Environmental Planning Policy No 55 – Remediation of land requires that Council to investigate the likelihood that the site has previously been contaminated and to address the methods necessary to remediate the site.

 

Comment

 

A passive recreational park presently occupies the subject site. No contamination has been identified on the site.  The land has been used for many years for passive recreational purposes.  It is considered unlikely to contain any contamination.

 

Considerations

 

Clause 7 (1) of SEPP 55 prevents Council from consenting to a development unless:

 

(a)        it has considered whether the land is contaminated, and     

(b)        if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

(c)        if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

 

Comment

 

In response to these matters it is noted:

 

Table 1 of the Department of Planning’s Planning Guidelines for Contaminated Lands identifies land activities, which may cause contamination. The Australian and New Zealand Guidelines for the Assessment and Management of Contaminated Sites, issued in 1992 by the Australian and New Zealand Environment and Conservation Council and the National Health and Medical Research Council, also contains a table listing examples of land use that might result in land contamination. Neither of these documents identifies open space or recreation areas as being a possible cause of land contamination.

 

SEPP (Infrastructure) 2007

 

   The scale and location of the proposed development does not represent a Schedule 3 (Traffic generating development to be referred to the RTA) Column 1 or 2 type development under the Policy. Therefore, the proposal does not require referral pursuant to State Environmental Planning Policy (Infrastructure) 2007.

 

 

 

 

 

 

DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

 

Draft Lane Cove Local Environmental Plan 2008 (Draft LEP) 

 

A Draft LEP has been exhibited and is awaiting gazettal by the Minister for Planning.  The site is within the RE1 Public Recreation zone under the Draft LEP.  The objectives of the RE1 zone are:

 

-     To enable land to be used for public open space or recreational purposes.

-     To provide a range of recreational settings and activities and compatible land uses.

-     To protect and enhance the natural environment for recreational purposes.

 

Development permissible (with consent) within the draft zoning includes:

 

Building identification signs; Business identification signs; Community facilities; Demolition; Drainage; Earthworks; Environmental facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Restaurants; Roads; Utility installations.

Development which would be permissible without consent includes Environmental protection works.       

 

Comment

 

The proposed development would be permissible with consent.

 

ACID SULFATE SOILS

 

In terms of Lane Cove Council’s ‘Draft’ LEP 2005 Acid Sulfate Soil map the subject site, the site is not listed as being affected in terms of Acid Sulfate Soils.

 

REVELANT DEVELOPMENT CONTROL PLANS

 

As part of the Assessment of the Development Application Council’s relevant Development Control Plans must be addressed. This assessment is as follows:

 

Bushland Development Control Plan No 1

 

The subject site is affected by Development Control Plan No 1.  

 

Comment

 

The proposed development complies with the controls of Development Control Plan No 1 in terms of the bushland area, building and buffer zone, design, visual impact, solar access and views.

 

Access and Mobility Development Control Plan

 

The aims of this Plan are to ensure that new development is accessible and useable by all people within the community, including those people with a disability, to facilitate their full and independent participation in community life.

 

Comment

 

This proposal is consistent with the intent of this DCP as it includes:

 

-     A continuous path of travel, at a suitable gradient and free of any obstruction providing a direct connection between the car park and the principal entry into the building.

-     A passenger lift is proposed to provide ease of movement between the two levels of the building.

-     Accessible amenities on both floors of the building.

-     Continuous paths of travel throughout both floors of the building, free of any stairs or changes in level.

 

Advice received from Sydney University Rowing Club has indicated that the premises would be used by paralympians. So as to cater for people with a disability the proposed facility includes accessible change rooms, toilets, internal lift, and a disabled car parking space (off the loop road).  The hydrotherapy room would also permit people with a disability to gain access. The pontoon has been designed to allow an athlete in a wheel chair to gain access to boats at 80% of the tidal range without the need for assistance.

 

Development Control Plan - Stormwater Management

 

Comment

 

The aims of this Plan are to make sure that public health and safety is maintained and water quality within the Lane Cove area is improved.

 

Council’s Development Engineer has advised that OSD is not required as the development is located directly adjacent to the foreshore. Approval from the appropriate authority is required to drain directly into the harbour. Excavation haulage conditions are not required as there is minimal excavation. No objection is raised to the proposed development subject to the imposition of conditions.

 

Rain Water Tank Policy

 

In accordance with Council’s Policy a number of ground level stormwater tanks are provided for the development.

 

Site Management and Minimisation Guidelines for Development Control Plan - No 4

 

The aim of the Plan is to reduce the demand for waste disposal and provide an on-going control for waste to require source separation and other design and location standards, which complement waste collection and management services offered by Council and the private service providers. 

Accompanying this application is a Waste Management Form providing details on arrangements at demolition and/or excavation stage and construction stage. This information is satisfactory and appropriate draft conditions addressing these matters are included in the recommendation to this report.  

 

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

 

Environmental Impacts – Natural and Built

 

 

 

 

 

 

Public Domain

 

Comment

 

The design and location of both the building and the pontoon, in conjunction with the schedule of external materials of construction and proposed landscaping would ensure that the visual qualities of the public domain in this locality would be reasonably maintained.

 

Flora and Fauna

 

Comment

 

In view of the design, nature and scale of the development, it is considered that no adverse impact in terms of flora and fauna would result from the proposed development. In fact, the proposed development would have a positive impact with regard to flora and fauna through the provision of additional landscaping. It is proposed to plant a mix of trees and shrubs, which includes natives.

 

Aquatic Impacts

 

Comment

 

As already mentioned an “Aquatic Ecology Survey” was undertaken by a qualified consultant – “Marine Pollution Research P/L” for the proposed pontoon and ramp.  The report concluded that the construction and use of a timber deck, ramp and pontoon by the Sydney University Rowing Club along the Cunningham’s Reach Park in the Lane Cove River at Linley Point, can be undertaken with no significant impact on marine vegetation or other aquatic habitats in the locality.

 

Natural Hazards

 

Comment

 

Council’s maps do not identify the site as being bush fire prone. No other natural hazard has been identified.

 

Environmental Impact

 

Comment

 

Based on the information supplied by the applicant and the assessment of the application under Section 79C of the Environmental Planning and Assessment Act 1979 it is considered that the proposal would not adversely impact on the surrounding environment. The applicant would ensure that the environment is not harmed and that all means would be employed to protect the environment, in particular during site works for the development.

 

Water and Air Quality Impacts

 

Comment

 

The proposed development due to its nature and design is not likely to cause pollution of any nearby waterway as specific conditions are to be applied. The proposal is therefore not likely to have an adverse impact in terms of air or water quality.

 

Soil and Water Management

 

Comment

 

The proposed development would not adversely impact on the quality of soil on the site and adjoining properties. During construction works best management practices would be implemented to control and trap sediment in order to maintain satisfactory water quality in the river and downstream areas and appropriate draft conditions would be imposed.

 

Neighbourhood Amenity

 

Comment

 

The setting and context of the site, and the operational characteristics of the building, would not result in any adverse impacts upon the amenity of the nearest residential area, being east of the site beyond Burns Bay Road. The impact of the proposal on the existing and likely future amenity of the area has been assessed under the headings of solar access, privacy, lighting, noise, dust and views.

 

Solar Access

 

Due to its location (well away from residential properties) the proposed development would not adversely impact on any nearby residential properties in terms of solar access.

 

Privacy

 

The development would not compromise privacy to nearby residents. There are more than adequate separation distances between existing nearby dwellings and the proposed development.

 

Lighting

 

In terms of lighting, standard security lighting will be provided within the site and no light spillage will fall onto adjoining roadways or nearby residential properties.

 

Noise

 

Short-term noise impact is likely to nearby properties during the construction phase. The hours of construction work would be limited to normal working hours to avoid loss of amenity. The applicant has also advised that no loud speakers are proposed to be used on training boats on the waterways and on site.  An appropriate draft condition would be imposed in the recommendation.

 

Dust

 

In order to control wind-borne dust from the site during the construction phase, a 3.0 metre high hessian screen barrier may be provided around the construction site.

Views

 

The proposed building is located close to a rock face, which backs on to Burns Bay Road. Above this rock wall there is substantial tree cover. The building would not be visible from dwelling houses located on the eastern side of Burns Bay Road.  While the building would be visible from Lane Cove River it would be amongst trees. There are not dwellings directly across the river from the subject site. It is considered that the proposed building would not adversely impact on existing views.

Traffic Impact

 

Comment

 

Access to the site is from Burns Bay Road via a loop under Fig Tree Bridge. Egress from the site is via the loop road, which only provides a northbound exit on to Burns Bay Road. Therefore the site is only directly accessible from the north of the site.  Access to and from the south would be via a signalised U turn bay north along Burns Bay Road. Car parking for the development would be from the existing car parking spaces (25 spaces) provided off the loop road.

 

As part of the Development Application a Traffic and Parking Assessment report was prepared by Varga Traffic Planning Pty Ltd which:

 

-     Describes the site and provides details of the development proposal,

-     Reviews the road network in the vicinity of the site, and the traffic conditions on that road network,    

-     Estimates the traffic generation potential of the development proposal, and assigns that traffic generation to the road network serving the site,

-     Assesses the traffic implications of the development proposal in terms of road network capacity,

-     Review the geometric design features of the proposed basement car parking facilities for compliance with the relevant codes and standards, and

-     Assesses the adequacy and suitability of the quantum of off-street car parking provided on the site.

 

On the request of Council’s Manager of Traffic the applicant was required to prepare a supplementary parking and traffic information report that addressed the following matters:

 

-     Boatshed capacity and usage patterns,

-     Car park usage and numbers,

-     Accessible training requirements and usage,

-     Trailer loading and access requirements,

-     Suggestions for signage, and

-     A proposed line marking arrangement of the car park.

 

A supplementary report was submitted to Council on 20 March 2009 and accordingly referred to Council’s Manager of Traffic for comment. The Manager of Traffic has advised that the supplementary report provides adequate information explaining the details related to access, parking and proposed manoeuvring areas for the boat trailers. No objection to the proposed development is raised subject to the imposition of conditions.

 

Impact on Community Facilities and Services

 

Comment

 

It should be noted that Cunninghams Reach Park does not contain public toilets. Council has had numerous discussions with the applicant in regards to the possible use of the building by Council and the community for meetings and also for the provision of public toilets or a public kiosk attached or within the new building. The applicant has advised that the proposed building would be available for Council and the community for public meetings.

 

In terms of the provision of public toilets, the applicant by letter dated 22 June 2009 has made the offer of a single accessible toilet to be provided within the building and maintained by the University.  The toilets would be open during the times when the boatshed was staffed.  It is considered that this is not satisfactory, and the toilets should be available during the hours when the boatshed is in use.  Other amenities proposed to be included, include a fish cleaning bench and sink, and provision of a gravel pathway over the service trenches, under Figtree Bridge and connecting with existing paths.  Council’s Engineers have advised that the pathway should be constructed of concrete not gravel.

 

It should be noted that in a letter to Council dated 26 June 2008 the NSW Department of Lands advised as follows:

 

“The department is of the view that sporting club buildings on Crown reserves for public recreation are “community facilities” and multiple uses should be supported and encouraged. In regard to the current proposal, club facilities and services must directly relate to Sydney University Club rowing and in operating the building the club should endeavour to maximise opportunities for essential public facilities and community access to the building. For example, public toilets, Council services (storage, etc) improved recreational amenity (cafes, kiosks) and community use of meeting rooms, etc. The application should provide information about what, if any, public facilities and services council needs and where in the building they are best located.”

 

In view of the above comments it is considered appropriate and necessary that the applicant provide the amenities as proposed in their letter of 22 June 2009. These facilities would not only be a public benefit but also be a valuable addition to Cunninghams Reach Park, which currently does not contain such a facility.

     

 Safety, Security and Crime Prevention

 

Comment

 

As part of the Development Application the applicant meet with Senior Constable Matt Jewell from the NSW Police - Crime Prevention Officer on 2 February 2009. The following security measures have been recommended for the proposed development:

 

-     A security fence at the back corners (south & east) may be considered to protect the area behind the building. Reduce openings on back wall where possible. Walls to be core-filled to prevent break in. Planting shrubs on top of the rock face can also help to protect the area behind the building. It is preferred that access not be restricted to the public at the back of the building.

-     Security bars in front of glass louvers, fire resistant screens behind the louver windows and security shutters at glass entry doors be installed. Also wire mesh protection for skylights shall be provided.

-     An alarm system hooked to the smoke detectors should be provided. A CCTV system is not necessary.

-     Fire protection: A sprinkler system shall be installed on the ground floor.

-     The petrol store: External petrol stores require signage and this can attract attention. An internal petrol store with fire rated door be provided for the development.

-     The east entry deck shall be constructed in non-flammable materials.

-     The water tanks: Pumps shall be installed inside the building and the piping shall be metal.

-     Lighting for the building and site: Motion detected lights to be installed high on the corners of the building and the lights shall be vandal resistant.

-     The materials: Anti graffiti coating on the block work shall be provided. Block work is recommended to be smooth face.

-     The deck at the north end may be accessible from rock face; remove deck or protect east side to avoid entry.

-     The glass elements shall be protected to prevent scratching of the surface. The entry doors and exposed glass shall have shutters or screens.

                                                                                                              

The above security measures have been included as part of the draft conditions of approval.

 

Impacts During Construction

 

Comment

 

By draft conditions of consent all necessary precautions would be required of the applicant during site works to ensure that works are carried out safely.  The hours of site works would be limited to normal working hours to avoid loss of amenity to surrounding properties.

 

Site Attributes Conducive to Development

 

Comment

 

The subject site is conducive to the development proposed. 

 

Social and Economic Impact

 

Comment

 

No adverse social or economic impacts have been identified. Due to the nature and scale of the development it is considered that the proposed development would not have an adverse impact on the social and economic environment of the area.

 

The applicant has advised that the premises would be used as part of a junior program, which would be initiated, by Sydney University Boat Club and Sydney University Sports and Fitness. The junior development program is proposed to draw from local schools and junior residents of Lane Cove Local Government Area. The junior program is also envisaged to be a community-based program, similar to those run at the Camperdown Campus that are open to the public. The proposed development would provide a permanent and practical facility within the area, which would assist in the health, cultural, social and wellbeing for the local community in particular the youth of the area.

 

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

 

Having regard to the site area, site characteristics and the potential environmental impacts the proposal would have on the site and the locality the development is appropriate and satisfactory.

 

Having regard to the characteristics of the site and its location, the proposed development, is considered appropriate in that:

 

-     The proposal is a permissible form of development in the current 6(a) Open Space (Recreation) Zone;

-     The proposal is consistent with the relevant zone objectives under Lane Cove Local Environmental Plan 1987;

-     The size and dimensions of the land are appropriate for the accommodation of the proposed development,

-     The proposal would not result in any adverse impacts to nearby residential properties in terms of privacy, view loss, solar access and visual impacts; and

-     The proposed development would not result in any adverse traffic and parking impacts on the surrounding area.

 

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

Notification of application

 

The original proposal was notified for a period of 14 days. Five submissions were received. An amended proposal was subsequently submitted. This was also notified for a period of 14 days. Three submissions were received in relation to the amended plan. The nature of all of the submissions relate to issues common to both the original and amended plans.

 

Accordingly all submissions have been considered as follows:

 

Concern expressed regarding likely traffic congestion on the loop road and surrounding roads.

 

Comment

 

As part of the Development Application a Traffic and Parking Assessment report was prepared by a qualified consultant (Varga Traffic Planning Pty Ltd). The report indicated that the projected level of usage is expected to generate approximately 15 vehicle arrivals and departures between 5.30am-8.30am, and approximately 10 vehicle arrivals and departures between 3.30pm-6.30pm. The consultant concluded that the projected level of traffic activity is statistically insignificant and would clearly not have any unacceptable traffic implications in terms of road network capacity. Council’s Manager of Traffic has raised no objection to the proposed development in terms of its traffic impact.

 

Concern expressed regarding the impact of loading and unloading trailers on the loop road.

 

Comment

 

As part of the application the applicant was requested to provide details regarding the loading and unloading of racing boats onto trailers for the development. In response to Council’s request the applicant has provided the following information:

 

-     The average number of trailer loading and unloading events per year would be between 13-16 times.

-     Trailer loading times depend on the venue and regatta program. The usual program is to load on Friday morning after training at approximately 7.30am. This takes approximately 40 minutes to 1 hour. The trailer then is moved to the regatta venue or held overnight in a secure location. Approximately half of regatta programs would enable unloading on either Saturday or Sunday afternoon. The balance would require storage off site until unloading early Monday or Tuesday morning before training. Unloading takes less time, generally 15-30 minutes.

-     A standard trailer and car would be between 15m and 18m in length with an overall load length of 12m. The turning circle required for the car and trailer would preclude loading north of the proposed building. Boats would be de-rigged in the north paved forecourt and carried to the car park for loading. As the maximum weight for any section would be 40-45 kg most sections require no more than 2 people to transport them to the car park on the loop road. When they reach the car park they are loaded onto the trailer and tied down as soon as possible to avoid damage.

-     Sydney University (Rowing Club) owns 2 racing boat trailers that are kept in a secure area at Riverview College and it is anticipated this arrangement will continue.

-     The need for trailer parking and unloading is very sporadic. The provision of removable signage in the loop road could be provided, similar to the arrangement for event parking used in Augustine Street, Hunters Hill by Hunters Hill Council. In that case removable signage indicating purpose and time is erected on a needs basis by the event organiser leaving the area free for general parking at other times. This could be combined with sandwich board style warning signs on the loop road to warn motorists that loading is in progress. A removable sign on a 2.1m post with the wording ‘Rowing Trailer Parking Only’ and an adjacent permanent sign that states - ‘Car parking permitted except when trailer parking signs are displayed’ could be provided. This would allow erection of the trailer parking signs by Club administrators to suit movement times. The area will be line marked with cross-hatching. In addition the applicant will line mark all car parking spaces in the car park.

 

Council’s Manager of Traffic has considered the above arrangements and has raised no objection to the proposed development in terms of trailer parking subject to the imposition of appropriate conditions.

 

Concern expressed that other clubs would attend the site.

 

Comment

 

The applicant has advised that the subject site will be used exclusively by the Sydney University Rowing Club. The site would not be used by other clubs. An appropriate condition would be imposed requiring that ‘the subject site be used only by the Sydney University Boat Club and not by other clubs’.

 

Suggest that a footpath be incorporated in the loop road because of the increased traffic on the loop road.

 

Comment

 

The applicant has advised (letters of 8 September 2008 and  22 June 2009) that installation of a footpath following the loop road would be included as part of the works to extend the fire, sewer and water services required for the building to the northern end of the park. This footpath would be a public benefit of the development and an appropriate condition would be imposed on the development approval.  Council’s Engineers have advised that this pathway should be of concrete construction, not gravel as offered by the applicant.

 

 The pontoon should be available at all times to the public.

 

Comment

 

The pontoon would be available to the public at all times for the launching of passive recreation craft, excepting when being utilised by the club to launch their row boats

 

Concern expressed that open space would be alienated. Increased pressure elsewhere as a result of additional development.

 

 

 

Comment

 

Numerous on site inspections (mainly on weekends) have revealed that this particular section of the park (northern section) is not extensively used by the public for activities such as picnics or barbecues. The barbecue and picnic facilities are located towards the southern section of the park and therefore groups of people tend to use this area of the park for picnics. The northern section of the park is used by anglers that fish along the foreshores and at random locations along the rock sea wall.

 

The prime attraction of the northern section of the park is the continuous unimpeded access to the foreshore. The proposed building is setback from the river foreshore and as such would not impede pedestrian access to the foreshore for anglers.  The proposed pontoon would provide additional points from which to fish when not being used by the club.

 

            While it is conceded that part of the park would no longer be accessible by the public it is considered that the proposed use, along with suggested additional works, would actively promote increased accessibility, patronage and use of this public open space.

 

State Government encourages an increase in public access to foreshore land and the ability for the public to enjoy the experience. This building would remove a lot of that access and alienate more than one third of the existing open space from public use.

 

Comment

 

As per above comments.

 

The development will not benefit Lane Cove in any way, whilst using a large area of the open space.

 

Comment

 

As per above comments.

 

Concerns were raised that the club should buy/lease land from Riverview College and build their new facility on that land if they have to travel to this side of the harbour.

 

Comment

 

Council must consider the application as submitted. The application is for the construction of a new boatshed and public pontoon on the subject site.  

 

The proposed development will adversely impact on traffic and parking conditions in the area.

 

Comment

 

As part of the Development Application a Traffic and Parking Assessment report was prepared by a qualified consultant (Varga Traffic Planning Pty Ltd). In terms of traffic impact, the report indicated that the projected level of usage is expected to generate approximately 15 vehicle arrivals and departures between 5.30am - 8.30am, and approximately 10 vehicle arrivals and departures between 3.30pm - 6.30pm. The consultant concluded that the projected level of traffic activity is statistically insignificant and will clearly not have any unacceptable traffic implications in terms of road network capacity.

In terms of car parking the report indicated that unrestricted car parking is available at a number of locations around the one-way loop road, which passes underneath Fig Tree Bridge. This includes some 25 angle parking spaces located on the western side of the loop road, in the immediate vicinity of the proposed boat shed. The proposed development is expected to generate a parking demand of approximately 15 vehicles between 5.30am-8.30am in the mornings, and approximately 10 vehicles between 3.30pm-6.30pm in the afternoons. The report concluded that the potential parking demand can be comfortably accommodated within the existing parking facilities located in this section of Cunninghams Reach Park, and it is therefore reasonable to conclude that the proposed development will not have any unacceptable parking implications.

 

Council’s Manager of Traffic has raised no objection to the proposed development in terms of its traffic and parking impact.

 

The racing boat trailers would be parked at Riverview College when not in actual use, and this should be made a condition of approval.

 

Comment

 

An appropriate draft condition of approval would require that the boat trailers be parked at Riverview College when not in use.

 

Concern expressed the applicant has declined to consider public facilities within the building, proposing instead that these be provided as a separate building, thus increasing the built up environment of the open space.

Comment

 

The applicant, by letter dated 22 June 2009 has proposed a number of amenities, including a toilet within the building. It is considered that the proposed public toilet would be a valuable facility for the Park. Upgrading of the park would increase patronage and subsequent demand for toilet facilities.

 

There is little indication of sustainable inclusions in the building.

 

Comment

 

As part of the development the applicant would provide water tanks, solar collectors and water heaters to minimise energy usage, incorporate storm water capture and reuse water from the bathrooms and boat wash areas. The building has been oriented to maximise natural lighting and ventilation.

 

A permanent prohibition on any future application for a licensed club should be added if the application were approved.

 

Comment

 

The applicant has advised in writing that the premises would not be used as a licensed club, function centre, boathouse or restaurant; it has been designed purely to provide rowing facilities.

 

Objection was raised to a private organisation using public land for a private use.

 

Comment

 

The proposed development is a permissible form of development under the current 6(a) Open Space (Recreation) Zone and the current application must be considered on its merits. The use of the subject site by a private organisation is not a prohibition under Council’s Local Environmental Plan 1987.

Public toilets should be incorporated into the proposal.

 

Comment

 

As already mentioned above, the applicant has offered to provide a public accessible toilet within the development.   

 

Concern expressed regarding the removal of trees.

 

Comment

 

It is acknowledged that the proposed development would remove 30 trees on the site. However, the proposed planting schedule, submitted to Council with the development application, nominates a mix of indigenous species for replanting within the site. Approximately 43 mature tree plantings with a height of 4.0 metres or greater and a further 425 shrubs with ground covers would be planted by the applicant in the affected areas. No objection has been raised to the proposed development by Council’s Tree Assessment Officer and Manager Open Space subject to the imposition of draft conditions.   

 

Trees planted by the Bushland Society would be destroyed by the proposed clubhouse.

 

Comment

 

While 30 trees would need to be removed over 40 mature trees and 400 shrubs would be planted to off-set the loss.

 

The proposal is more than a replacement of the previous clubhouse across Burns Bay.

 

Comment

 

The proposed development is permissible under the current 6(a) Open Space (Recreation) Zone and the current application must be considered on its merits.  Notwithstanding such, the proposed structure would cater for the rowing needs of both the Sydney University Rowing Club and the general community for many years to come.

 

No southbound access from the site.

 

Comment

 

Vehicular access to the loop road underneath Fig Tree Bridge is provided via a southbound entry and northbound exit ramps on Burns Bay Road. There would be no change to this current vehicular access/traffic arrangements.  There is a U turn bay just north of View Street.  It is recommended that new sign posting be required at the site advising of the U turn bay to encourage its use rather than the use of View Street for the users of the site coming from south of the Lane Cove River.

 

Concern that access via the loop road would be difficult for the trailers.

 

Comment

 

Council’s Manager of Traffic has considered the proposed arrangements for trailer movements and parking and has raised no objection to the proposed development subject to the imposition of appropriate conditions.

 

 

Limited car parking at the site.

 

Comment

 

As already mentioned a Traffic and Parking Assessment report was prepared by a qualified consultant (Varga Traffic Planning Pty Ltd. The report concluded that the potential parking demand can be comfortably accommodated within the existing parking facilities located in this section of Cunninghams Reach Park, and it is therefore reasonable to conclude that the proposed development would not have any unacceptable parking implications. Council’s Manager of Traffic has raised no objection to the proposed development in terms of its parking impact.

 

Increased U turns at View Street.

 

Comment

 

There is a U turn bay just north of View Street.  It is recommended that new sign posting be provided at the site advising of the U turn bay to encourage its use rather than the use of View Street for the users of the site coming from south of the Lane Cove River.

 

The proposal is likely to encourage vandalism and graffiti.

 

Comment

 

As already mentioned in the report the applicant meet with the NSW Police - Crime Prevention Officer on 2 February 2009. A number of security measures have been recommended for the proposed development and have been included as conditions of approval.  The measures proposed by Police are considered appropriate and necessary.

 

The application is totally insensitive to the environment.

 

Comment

 

Appropriate management measures are available to ensure that stormwater from the development entering the river would not reduce water quality. The site and adjacent waterway do not support any threatened terrestrial and aquatic ecological species or communities. Retention of the existing seawall ensures that the existing interface between the river and foreshore remains unaltered. The form, location and presentation of the foreshore in this locality would not alter as a consequence of this proposal. As part of the development application an “Aquatic Ecology Survey” was undertaken by a qualified consultant – “Marine Pollution Research P/L” for the proposed pontoon and ramp.  The report concluded as follows:

 

“It is concluded that the construction and use of a timber deck, ramp and pontoon by the Sydney University Rowing Club along the Cunningham’s Reach Park in the Lane Cove River at Linley Point, can be undertaken with no significant impact on marine vegetation or other aquatic habitats in the locality. There could be a net benefit for the aquatic ecology of the locality by virtue of the provision of some additional hard substratum habitat (wetted surface areas of the pontoon and of the support piles) for colonisation by marine biota including algae, which could colonise the shallow wetted surface areas of the pontoon.

 

It is also concluded that the proposed facility would meet the aims of aquatic ecological conservation of the Fisheries Management Act (1994) for the protection of aquatic habitats and would meet the performance criteria for the conservation of aquatic communities with high conservation status, as detailed in the DCP for Sydney REP (Sydney Catchment) 2004.”     

 

Concern is raised that the proposal might be used as a social clubhouse, licensed or otherwise or for commercial purposes or a boathouse.

 

Comment

 

The applicant has advised in writing that the premises would not be used as a licensed club, function centre, boathouse or restaurant; it has been designed purely to provide rowing facilities. An appropriate condition will be imposed on the development approval. 

 

Council has no obligation to provide a boathouse site. Other rowing clubs are on the Parramatta River where major rowing events are centred.

 

Comment

 

In February 2006, the existing Sydney University Boat shed at Linley Point burnt down leaving the Sydney University Boat Club without a dedicated training facility. After investigating several locations, a decision was reached by the Boat Club to seek a new facility at the subject site in Cunninghams Reach Park. Under the provisions of the Environmental Planning and Assessment Act 1979 (as amended) Council has a duty to consider and determine any development application lodged on a parcel of land within its local government area. The proposed development is a permissible form of development under the current 6(a) Open Space (Recreation) Zone and the current application must be considered on its merits.  The current application meets the objectives of the zone, is a permissible use and complies with all associated and related regulations and principles for public open space.

 

A better siting in Lane Cove would be a small patch on the opposite side of Burns Bay. Having it at Cunninghams Reach would mean the loss by privatisation of a whole public park.

 

Comment

 

As per above comments.

 

Council is bound by legal zoning/planning prescriptions, which specifically prevent the approval of buildings on the foreshore below the cliffs. An approval of this building application by council would therefore be in conflict with this, and could make it open to legal challenge.

 

Comment

 

The proposed development is a permissible use on the subject site and can be considered by Council.

 

Further concern derives from the police recommendation that the area between the building and the cliff face be fenced off for security. This would restrict normal public access to the foreshore.

 

Comment

 

As part of the development application the comments of the NSW Police Force were sought. It was acknowledged that the NSW Police - Crime Prevention Officer did suggest that a security fence at the back corners (south & east) might be considered to protect the area behind the building. It should be noted that this is only a suggestion and the applicant may find a better solution. It is preferred that access not be restricted to the public at the back of the building.

 

Public Access within the site and along the foreshore should not be restricted.

 

Comment

 

A condition of approval would ensure that public access within the site and along the foreshore is not restricted. It should be noted that as part of the development and so as to improve public access, the applicant intends to extend an existing at grade pedestrian pathway from the car park to the riverbank, which would continue north adjacent to the river for the frontage of the site.

 

The building is excessive in bulk and scale.

 

Comment

 

The application was referred to Council’s Urban Design consultant for comment. In conclusion the consultant advised as follows:

 

“Whilst the building is still large for it’s site, I believe the new treatment of the roof and façade as well as the revised palette of colours and materials has significantly changed the appearance of the building. The building will sit comfortably within its site and would not dominate Linley Point. Some minor adjustments to the colours as suggested will further enhance the building’s contribution to the river.

 

The retention of a maximum of existing trees and the planting of appropriate species would ensure that the building is seen as being in the park rather than appropriating it. I believe the project should be approved.”

 

External Referrals 

 

Waterways Planning and Development Advisory Committee

 

The subject application was referred to NSW Maritime - Waterways Planning and Development Advisory Committee. The Committee provided the following comments:

 

-     The Committee notes that the proposal is bulky and elongated, may give a perception that free public access to the site is not available, will require removal of 30 trees, and may damage the root systems of other trees on the site. In addition the views of natural features from the water and the reserve will be affected.

 

Comment

 

The application was referred to Council’s Urban Design Consultant for comments and no objection was raised to the proposed building in terms of its bulk, scale and design.  In terms of removal of trees, it is acknowledged that the proposed development would remove a number of trees on the site. However, the proposed planting schedule, submitted to Council with the development application, nominates a mixture of indigenous species for replanting within the site. Approximately 43 mature tree plantings with a height of 4.0 metres or greater and a further 425 shrubs with ground covers will be planted by the applicant in the affected areas. No objection has been raised to the proposed development by Council’s Tree Assessment Officer and Manager Open Space subject to the imposition of conditions.

  

-     Noted that community facilities are not incorporated, unclear if public access to the pontoon is permitted and the blue and cream elements of the colour scheme are unsympathetic with the surrounding bushland.

 

Comment

 

Following this submission from the Waterways Planning and Development Advisory Committee, the applicant by letter dated 22 June 2009 has offered to provide a number of amenities on the site.  These have been described in the preceding report. In terms of colours the application has been amended in accordance with the colour palette required by Council’s Urban Designer.

 

-     Council should consider the objectives of the W2 Environmental Protection Zone and clause 22(a) of Sydney REP (Sydney Harbour Catchment) 2005 and clause 5.2 of Sydney Harbour Foreshores and Waterways Area DCP 2005.

 

Comment

 

The proposal includes upgrading and extension of the existing pedestrian pathway adjacent to the foreshore. The proposed location of the pontoon and associated structures at the northern extremity of the site, (where pedestrian access along the riverbank terminates due to topographic constraints), ensures that public access along the river foreshore would remain.

 

-     The Committee recommends that consideration be given to providing public access to the proposed pontoon, which case it should meet disabled access requirements.

 

Comment

 

The pontoon will be available at all times for use by the general public. The pontoon has been designed to allow an athlete in a wheel chair to gain access to boats at 80% of the tidal range without the need for assistance.

 

-     The Committee recommends that the exterior colour scheme be taken from the palate of the surrounding bushland.

 

Comment

 

The amened proposal has incorporated the above recommendation.

 

Department of Lands

 

Correspondence has been received from the Department of Lands. The Department has provided comments for the proposed development and in particular regarding the following:

 

Clubs on Crown Lands:

 

The department’s position on clubs on Crown reserves is that the exclusive use of clubhouses or other premises by special interest groups for club members or for private functions is not appropriate on public recreation reserves. If the proposed development is to be on land reserved for public recreation, the rowing club must demonstrate that where practicable, public access to facilities is available. The principles set out in Attachment A should be addressed when considering the suitability of a club on Crown land reserved for public recreation.

 

 

Community Facilities:

 

The department is of the view that sporting club buildings on Crown reserves for public recreation are “community facilities” and multiple uses should be supported and encouraged. In regard to the current proposal, club facilities and services must directly relate to Sydney University Club rowing and in operating the building the club should endeavour to maximise opportunities for essential public facilities and community access to the building. For example, public toilets, council services (storage etc) improved recreational amenity (cafes, kiosks) and community use of meeting rooms etc. The application should provide information about what, if any, public facilities and services council needs and where in the building they are best located.

 

Lease Agreement:

 

The department has indicated that where the above provisions are not able to be met by the rowing club, it may be more appropriate for the department to enter into a lease directly with the club or establish a Reserve for Sporting and Community Club Uses with the club appointed as the reserve trust manager.

 

The above matters are considered below:

 

Clubs on Crown Lands

 

The following principles set out in Attachment A below should be addressed when considering the suitability of a club on Crown land reserved for public recreation.

 

Principle 1 – the land is not required for public recreation: 

 

Comment

 

The proposed development would not preclude or diminish public access or enjoyment of the land by the public. It is considered that the public enjoyment of Cunninghams Reach Park for recreational activities would not be eroded by the proposed development. The land would continue to be managed in accordance with Council’s Plan of Management.

 

Principle 2 – the land is not environmentally sensitive:

 

Comment

 

The subject site does not contain any threatened species. The subject site is not classified as environmentally sensitive.

 

Principle 3 – the land does not have important scenic values that may be compromised:

 

Comment

 

The scenic quality of the locality would be protected by the development. The bulk, scale, building height, materials, textures, and colours of the proposal have been designed so that when viewed from other parts of the area the development would not be a dominant feature. It is considered that the scenic quality of the area would not be adversely affected by this development proposal and is consistent with the character of the area.

 

Principle 4 – the land is not to be devoted solely to the club premises:

 

Comment

 

Part of the site would be used by the rowing club and the remaining land would be available to the public for recreational purposes. The subject site will not be used exclusively by the rowing club, access to the subject site would be unrestricted and be available at all times for the enjoyment of the public.    

 

Principle 5 – the land can adequately accommodate the access and parking requirements for the club as a result, surrounding areas will not be impacted upon:

 

Comment

 

As part of the Development Application a Traffic and Parking Assessment report was prepared by a qualified consultant. Council’s Manager of Traffic has raised no objection to the proposed development subject to the imposition of conditions.   

 

Principle 6 – the proposal is located and designed so that it will complement other uses and environmental values:

 

Comment

 

The proposed development in terms of its bulk, scale, design, colours, materials and textures would promote urban design that is consistent with and enhance the character of the area. The recreational character of Cunninghams Reach, the context and setting of the site within an urban area should be recognised, as characterised by a number of dominate built forms such as the nearby Fig Tree Bridge and large dwellings houses, which are clearly visible from the river. Although the building will be visible from the river, it would not diminish the quality or value of the area, given that the building colours, materials and textures would adequately ‘fit in’ with the surrounding area.    

 

Principle 7 – the proposal does not adversely affect or preclude pedestrian access to the foreshore:

 

Comment

 

Access to the public be available at all times along the foreshores and the surrounds of the building. The proposal involves upgrading and extension of the existing pedestrian pathway adjacent to the foreshore.  

 

Principle 8 – the proposal does not alienate prime foreshore tourism and recreational lands.

 

Comment

 

Numerous on site inspections (mainly on weekends) have revealed that this particular section of the park (northern section) is not extensively used by the public for activities such as picnics or barbecues. The barbecue and picnic facilities are located towards the southern section of the park and therefore more groups of people tend to use this area of the park for picnics. The northern section of the park is used by many anglers that fish along the foreshores and random rock sea wall.

 

The prime attraction of the northern section of the park is the continuous unimpeded access to the foreshore. The proposed building is setback from the river foreshore and as such would not impede pedestrian access to the foreshore for anglers.  The proposed pontoon would provide additional points from which to fish when not being used by the club.

 

Accordingly it is considered that the proposed development due to its siting and design would not alienate the park.

It is considered that the proposal satisfies the above principles and a high quality development will be constructed on the site.

 

Community Facilities

 

Comment

 

As part of the development, the applicant has offered to provide a number of community facilities, which include upgrading and extension of the existing pedestrian pathway adjacent to the foreshore, a public toilet, a footpath along the loop road and a public pontoon north of the building. The above public facilities will be valuable additions to the Park. The applicant would construct the above public facilities at no cost to the ratepayers of Lane Cove.  

 

Lease Agreement

 

Comment

 

The department has indicated that where the above provisions are not able to be met by the rowing club, it may be more appropriate for the department to enter into a lease directly with the club or establish a Reserve for Sporting and Community Club Uses with the club appointed as the reserve trust manager. The above provisions would be met and the proposed development is considered more than satisfactory.

 

The Department has requested that the following condition be imposed on the development approval:

 

Irrespective of approval by any other authority or any future development approval by Council, no work shall commence on the Crown land without agreement in principle to a suitable tenure under the Crown Lands Act. 

 

NSW Maritime

 

No objection has been raised to the proposal subject to specific conditions.

 

Department of Water and Energy

 

No objection has been raised to the proposal subject to specific conditions. The Department of Water and Energy has indicated that any amended application would require their further consent. The current amended plans and the provision of a public toilet on the subject site would require the consent from the NSW Department of Lands and the Department of Water and Energy. 

 

Department of Primary Industries

 

The Department has advised that provided the proposal does not involve dredging, reclamation, harm marine vegetation or the obstruction of fish passage that would require permits there is no objection to the proposed development.

 

Roads and Traffic Authority

 

The Roads and Traffic Authority has provided the following comments:

 

-     The RTA has no proposal that requires any part of the subject property for road purposes. Therefore there are no objections to the development proposal on property grounds.

-     The layout of the proposed car parking and loading areas associated with the subject development should be in accordance with Australian Standards.

-     Car parking provided to Council’s satisfaction.

-     Suitable provisions should be made for construction vehicles to be accommodated on site, as no parking is available on Burns Bay Road in the vicinity of the site.

-     All vehicles to enter and leave the development in a forward direction.

-     All vehicles should be wholly contained within the site before being required to stop.

-     All works / regulatory signposting associated with the proposed development are to be at no cost to the RTA.      

         

Internal Referrals

 

Manager Traffic

 

As part of the Development Application a qualified consultant prepared a Traffic and Parking Assessment report. Council’s Manager of Traffic has raised no objection to the proposed development subject to the imposition of conditions.   

 

Manager, Development Assessment Environmental Services

 

Additional information was required from the applicant regarding the disposal of wastewater from the premises. In response to Council’s request the applicant indicated that wastewater would be disposed to a sewerage collection pump pit and then piped along the Loop Road to the Sydney Water sewer main on The Avenue. In view of the above information no objection has been raised to the proposal subject to specific conditions.

 

Development Engineer

 

Council’s Development Engineer has advised that OSD is not required as the development is located directly adjacent to the foreshore. Approval from the appropriate authority is required to drain directly into the harbour. Excavation haulage conditions are not required as there is minimal excavation. No objection is raised to the proposed development subject to the imposition of conditions.

 

Tree Assessment Officer

 

No objection is raised to the proposed development subject to the imposition of draft conditions.

 

Manager Open Space

 

The Manager of Open Space has requested that the following conditions be imposed on the development approval:

 

-     The reinstatement of the gardens and grassed areas following the installation of service trenches must be to the satisfaction of Council’s Manager Open Space.

-     There is to be no overnight or permanent parking of boat trailers on site or in the park car park.

-     The applicant must ensure that there are prominent signs at the car park and near the building indicating public access to the pontoon and to the other park area to the north of the rowing shed. 

 

Building Surveyor

 

No objection is raised to the proposal subject to specific draft conditions.

Manager of Strategic Planning

 

No objection is raised to the proposal, however consideration should be given by the applicant to provide community facilities as part of the development.

 

Heritage Advisor

 

The application was referred to Council’s Heritage Advisor for comment. Council’s Advisor indicated, “It is important that public access is available to all open areas surrounding the building and that access to the foreshore is not restricted.” The Advisor has no objection to the proposed development in terms of heritage impact, provided the issues of access and views are accommodated. The development as proposed would ensure that public access is available around the building and along the foreshore.   

 

Urban Design Consultant

 

The application was referred to Council’s Urban Design consultant for comment. A response was received raising concerns regarding the design of the building. The applicant was requested to address these concerns. On 17 March 2009 revised plans were submitted to Council and these plans were submitted to Council’s consultant for comment. Council’s consultant has reviewed the amended plans and has indicated as follows:

 

-     The project now satisfies the bulk of the issues previously raised.

-     The roof is now greatly improved. The angle of the simpler roof reduces the apparent impact from the river and it now sits more harmoniously in its setting. The overall form is now well resolved and the northern elevation including the balcony is convincingly integrated.

-     The water tanks have been re-distributed, especially onto the western façade, which helps to articulate and occupy this side of the building. This will also discourage graffiti, which remains a concern.

-     The footprint of the building remains large for the site but is tucked into the cliff as much as possible in order to keep the foreshore free for pedestrians.

 

In conclusion the consultant advised as follows:

 

Whilst the building is still large for it’s site, I believe the new treatment of the roof and façade as well as the revised palette of colours and materials has significantly changed the appearance of the building. The building would sit comfortably within its site and would not dominate Linley Point. Some minor adjustments to the colours as suggested would further enhance the building’s contribution to the river.

 

The retention of a maximum of existing trees and the planting of appropriate species would ensure that the building is seen as being in the park rather than appropriating it. I believe the project should be approved.

 

Council’s Urban Design consultant has requested that the following conditions be imposed on the development approval:

 

1.   The ground floor of the building is shown as smooth-face concrete block. An anti-graffiti coating to theses walls shall be provided.

 

2.   The upper floor is generally clad in a ‘Pale Eucalypt’ colourbond. The water tanks shall be the same colour so that they are read as part of the façade of the building.

 

3.   The wall that opens onto the balcony on the first floor is shown as a ‘terracade’ material. A colour similar to or darker than the ‘Pale Eucalypt’ would be preferable in order to provide continuity across the upper level façade.

 

4.   The metal louvers on the ground are marked as being ‘Pandamonium Silver’. The colours of the louvers shall be changed to ‘Windspray’.  

 

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

 

The proposal is consistent with State Government initiatives for the efficient and appropriate use of the public land.

 

SUMMARY

 

The proposal has been assessed in accordance with Section 79C of the Environmental Planning and Assessment Act, 1979. Having regard to this assessment, it is considered that the proposal is satisfactory.

 

The proposal is for the establishment of a new boatshed and public pontoon for the Sydney University Rowing Club. The proposed development is permissible under Lane Cove Local Environmental Plan 1987 and Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 with the consent of Council.

 

As part of the development, the applicant has offered to provide a number of community facilities, which include:

 

1.         Upgrading and extension of the existing pedestrian pathway adjacent to the foreshore;

2.         A public toilet;

3.         A footpath along the loop road,

4.         A public pontoon north of the building

5.         A contribution to the decking of the existing boatshed deck and

6.         A fish cleaning table and sink.

 

The above public facilities will be valuable additions to the Park. The applicant would construct the above public facilities at no cost to the ratepayers of Lane Cove.

 

 Due to the nature, scale and design of the development it is considered that the proposal would not adversely affect the amenity of the area in terms of solar access, noise, views, car parking and traffic.

 

The proposed new building would provide a permanent and practical facility within the area, which would assist in the health, cultural, social and wellbeing for the local community.

 

The application is recommended for approval as a deferred commencement consent. As part of the development the applicant is required to provide a plan of the public facilities that are to be provided showing the location and design of the public toilets and footpath for the loop road. If the above facilities are not submitted to Council and agreed to, the approval would not become activated. In addition any amended application that includes the provision of a public toilet on the subject site would require the consent from the NSW Department of Lands and the Department of Water and Energy.  If the above approvals cannot be obtained the development consent cannot be activated.    

 

 

 

 

 

RECOMMENDATION

That:

 

A.         Pursuant to Section 80(3) of the Environmental Planning and Assessment Act, 1979 as amended, the Council grants a deferred development consent to Development Application D202/08 for the Construction of a new Boatshed and Public Pontoon on Lot 7101 DP 1055655, Lot 2 DP 1117218 and Riverbed of Lane Cove River, Cunninghams Reach, Linley Point subject to the following:

 

1.         The applicant is required to provide public facilities that include:

 

·     upgrading and extension of the existing pedestrian pathway adjacent to the foreshore

·     the provision of a public toilet and a management plan for their operation/ maintenance.  The toilet is to be open during the hours that the boatshed is in use, at a minimum.  This issue is to be clarified in the management plan required.

·     the provision of a concrete footpath along the loop road to be connected to the footpath on the eastern side of Burns Bay Road as marked up on the Services Plan 0610DA09M, attached to this notice.

·     the provision of electric barbecues, tables and seats north of the building near the publicly accessible pontoon

·     A fish cleaning table and sink connected to the water supply

·     The Sydney University is to make a cash contribution to the rectification of the decking at the existing fire damage boatshed.  This amount is to be agreed with Council, following a costing proposal being agreed to.  This matter is to be subject to a legal agreement to be submitted to Council as part of the requirements for the deferred commencement consent.

·     The applicant shall provide for Council’s approval a plan showing the location and design of the above items.

 

2.         The current amended plans and the provision of the public toilet on the subject site shall             require the consent from the NSW Department of Lands and the Department of                Water and Energy.

 

3.         Irrespective of approval by any other authority or any future development approval by Council, no work shall commence on the Crown land without agreement in principle to a suitable tenure under the Crown Lands Act.

 

            The above required information must be submitted to Council within 12 months of the granting of this deferred commencement consent. Commencement of the approval cannot commence until written approval of the submitted information has been given by Council.

 

B.         Subject to A above being satisfied, a development consent and plans be issued, subject to the following conditions:

 

1.         That the development be strictly in accordance with plans Job No 0610, Drawing numbers DA00 - DA10 Revised Dated 17 March 2009 Issue M, drawn by Quinn O’Hanlon Architects and Landscape Plan Drawing No DAL01 Issue M dated 17 March 2009 drawn by Quinn O’Hanlon Architects except where amended by the following conditions:

 

2.         The application shall be amended to incorporate the following:

-     The ground floor of the building is shown as smooth-face concrete block. An anti-graffiti coating to these walls shall be provided.

-     The upper floor is generally clad in a ‘Pale Eucalypt’ colourbond. The water tanks shall be the same colour so that they are read as part of the façade of the building.

-     The wall that opens onto the balcony on the first floor is shown as a ‘terracade’ material. A colour similar to or darker than the ‘Pale Eucalypt’ would be preferable in order to provide continuity across the upper level façade.

-     The metal louvers on the ground are marked as being ‘Pandamonium Silver’. The colours of the louvers shall be changed to ‘Windspray’.

 

            The above amendments shall be made and approved by Council prior to the release of the Construction Certificate.

 

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

 

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

 

5.         A report, by a suitably qualified building consultant (with the appropriate level of certification) to show how the proposed works comply with the Building Code of Australia, shall be submitted to the Principal Certifying Authority (PCA) prior to issue of Construction Certificate.  The report shall also address the issue of travel distances to the required exits and provide a schedule of proposed essential fire safety measures for the proposed building prior to the issuing of a Construction Certificate.

 

6.         The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  Plans will be appropriately stamped.  For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92.

 

            The consent authority or a private accredited certifier must:-

 

·           Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

 

7.         A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained             from Sydney Water Corporation.

 

            Application must be made through an authorised Water Servicing Coordinator.  Please refer to the “Your Business” section of the web site www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92 for assistance.

 

            Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid.  Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

            The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

 

8.         The applicant shall construct a disabled car parking space along the loop road as indicated on the submitted Site Plan Drawing No DA01 Issue M dated 17 March 2009 drawn by Quinn O’Hanlon Architects at no cost to Council.

 

9.         Any additional advertising signs/structures not shown on the approved DA drawings being the subject of a separate development

 

10.       The boatshed building shall be used by the Sydney University Boat Club and no other clubs shall use the building.

 

11.       The public toilets, footpath along the loop road and public pontoon shall be constructed by the applicant at no cost to the Council.

 

12.       The pathway along the foreshore from the public car park to north of the subject site shall be upgraded to the satisfaction of Council at no cost to Council.

 

13.       All car parking spaces (about 25 spaces) located along/within the loop road and Park shall be line marked to the satisfaction of Council at the cost of the applicant.

 

14.       The building shall not be used as a licensed club, function centre, boathouse, and restaurant or for accommodation.

 

15.       No retailing of goods to the public to be made from the subject premises.

 

16.       The building shall be available to Lane Cove Council and the community for meetings.

 

17.       The pontoon shall be available to the public at all times for the launching of passive recreation craft.

 

18.       The applicant must ensure that there are prominent signs at the car park and near the building indicating public access to the pontoon and to the other park area to the north of the rowing shed.

 

19.       Public access within the subject site and along the foreshore shall not be restricted.

 

20.       Racing boat trailers shall be parked at Riverview College when not in actual use.

 

21.       There is to be no overnight or permanent parking of boat trailers on site or in the park car park.

 

22.       The intermittent trailer parking shall take place in accordance with the details and parking plan (Drawing No DA11 Issue M- as contained in supplementary traffic information report dated March 2009) as contained and attached to the submitted ‘Supplementary Traffic Information’ Report dated March 2009. All removable and permanent signage and line marking shall be provided at the cost of the applicant.

 

23.       The access and manoeuvring areas shall be in accordance with AS 2890.1 – 2004, RTA’s Guide for Generating Developments and the on-street parking should comply with AS 2890.5 and the disabled parking space/s with Australian Standards.

 

24.       The lighting issues at the vehicle access points and at the proposed pedestrian and vehicle access areas surrounding the club require to be assessed and upgraded to cater for the proposed facilities and the club.

 

25.       The proposed bollard at the entry of the boatshed is satisfactory. A secure ‘Registered Key’ shall be supplied to Council, all Emergency Services and Sydney University Boat Club by the applicant at no cost to Council.       

 

26.       There is a U turn bay just north of View Street.  The applicant shall provide sign posting at the subject site advising of the U turn bay to encourage its use rather than the use of View Street for the users of the site coming from south of the Lane Cove River.

 

27.       The site shall not be used for a venue for regattas.

 

28.       No loud speakers shall be used in training boats on the waterways or within the site.

 

29.       The hours of operation shall be restricted to between 5.30am to 9.30pm seven (7) days.

 

30.       The commemorative plaque for the fig trees planted on site in 1995 is located on the cliff face. The proposed building will obscure the view of the plaque. The plaque shall be relocated by the applicant at no cost to Council. The applicant shall indicate the location (where it is easily visible to the public) of the plague and whether the plaque will be mounted on a pole or located at ground level. The applicant shall provide details for Council’s approval of the location and method of housing of the commemorative plaque prior to the issuing of the Construction Certificate.

 

31.       The following security measures are to be provided in the development:

 

·     A security fence at the back corners (south & east) may be considered to protect the area behind the building. Reduce openings on back wall where possible. Walls to be core-filled to prevent break in. Planting shrubs on top of the rock face can also help to protect the area behind the building. It is preferred that access not be restricted to the public at the back of the building.

·     Security bars in front of glass louvers, fire resistant screens behind the louver windows and security shutters at glass entry doors be installed. Also wire mesh protection for skylights shall be provided.

·     An alarm system hooked to the smoke detectors should be provided. A CCTV system is not necessary.

·     Fire protection. A sprinkler system shall be installed on the ground floor.

·     The petrol store. External petrol stores require signage and this can attract attention. An internal petrol store with fire rated door be provided for the development.

·     The east entry deck shall be constructed in non flammable materials.

·     The water tanks. Pumps shall be installed inside the building and the piping shall be metal.

·     Lighting for the building and site. Motion detected lights to be installed high on the corners of the building and the lights shall be vandal resistant.

·     The materials. Anti graffiti coating on the block work shall be provided. Block work is recommended to be smooth face.

·     The deck at the north end may be accessible from rock face; remove deck or protect east side to avoid entry.

·     The glass elements shall be protected to prevent scratching of the surface. The entry doors and exposed glass shall have shutters or screens.

     

The above security measures are to be incorporated into plans submitted with the Construction Certificate.

 

32.       All garbage shall be stored in a designated garbage area, which includes provision for the             storage of all putrescibles waste and recyclable material emanating from the premises. The             area is to be constructed with a smooth impervious floor graded to a floor waste and             connected to the sewer. The garbage area/room is to be well ventilated and fitted with fire             sprinklers and meet fire safety standards in accordance with the Building Code of Australia.             Detailed plans and specifications for the construction of the designated garbage area are to             be submitted with the Construction Certificate.

 

33.       Liquid and solid wastes generated on the site shall be collected, transported and disposed of in accordance with the Protection of the Environmental operations Act 1997.  Records shall be kept of all waste disposal from the site.

Waste and recycling material, generated by the premises, must not be collected between the hours of 10pm and 6am on any day.

 

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

 

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

 

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

 

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

b)         All reinforcement prior to filling with concrete.

 

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

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Stormwater drainage lines prior to backfilling

h)         Completion.

 

36.       Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION             CERTIFICATE for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

37.       All demolition, building construction work, including earthworks, deliveries of building             materials to and from the site to be restricted to the following hours:-

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

38.       The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

 

39.       Depositing or storage of builder's materials on the footpath or roadways within the             Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

40.       Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by             water to be stored clear of any drainage line, easement, natural watercourse, footpath,             kerb or roadside.

 

41.       The building not to be used for separate occupation or commercial purposes.

 

42.       Access to the building, the pontoon and parking spaces for disabled persons being provided in accordance with Part D.3 of the Building Code of Australia.

 

43.       The service power pole being painted a suitable environmentally acceptable colour.  The service mains from the private pole to the building are to be taken underground and the meter box is not to be affixed to the pole.

 

44.       Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

 

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

 

 

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

 

46.       Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

 

47.       A temporary connection to be made to the sewers of Sydney Water (where available) with             an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS             COMMENCED.  Where the Sydney Water sewer is not available a "Chemical Closet" type             toilet shall be permitted.

 

48.       Excavation

 

(a)        The use of mechanical rock pick machines on building sites is prohibited due to the potential for damage to adjoining properties.

 

(b)        Notwithstanding the prohibition under condition (a), the principal certifying authority may approve the use of rock pick machines providing that:-

 

(1)        A Geotechnical Engineer's Report that indicates that the rock pick machine can be used without causing damage to the adjoining properties.

 

(2)        The report details the procedure to be followed in the use of the rock pick machine and all precautions to be taken to ensure damage does not occur to adjoining properties.

 

(3)        With the permission of the adjoining owners and occupiers comprehensive internal and external photographs are to be taken of the adjoining premises for evidence of any cracking and the general state of the premises PRIOR TO ANY WORK COMMENCING.  Where approval of the owners/occupiers is refused they be advised of their possible diminished ability to seek damages (if any) from the developers and where such permission is still refused Council may exercise its discretion to grant approval.

 

(4)        The Geotechnical Engineer supervises the work and the work has been carried out in terms of the procedure laid down.

 

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

 

49.       Protection of the building against subterranean termites must be carried out in accordance with AS.3660.

 

50.       The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

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

 

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

 

53.       Compliance with the Waste Management Plan approved under application DA08/202.

 

54.       Lane Cove Council charges a fee of $30 for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.

 

55.       The Early Fire Hazard Indices of materials and assemblies must comply with the provision of Specification C1.10 of the Building Code of Australia.

 

56.       As soon as practicable after lift shafts have been installed within the building, the installer shall furnish Council with a Certificate to the effect that all lift doors:-

 

a)         have the required F.R.L.s; and

 

b)         have been installed in accordance with the provisions of A.S. 1735.

 

57.       Prior to requesting an occupation certificate the owner/agent shall certify that each of             the essential fire safety measures specified in this statement:

 

              (a)     has been installed and assessed by a properly qualified person, and

              (b)     was found, when it was assessed, to be capable of performing to at least the           standard required by the current fire safety schedule for the building for which           the certificate is issued.

 

            A copy of the Fire Safety Certificate to be completed is available from Council.

            (This Certificate cannot be signed by persons who inspected and/or tested the installed             services.)

 

 

            A copy of the Initial Certificate and the Annual Certificate, together with the relevant Fire             Safety Schedule must be forwarded to the Council and the Commissioner of the New South             Wales Fire Brigades.  A copy of this Certificate, together with the relevant Fire Safety             Schedule must be prominently displayed in the building.

 

58.       The Fire Safety Measures are to be regularly serviced/maintained and the owner/agent (including subsequent owners) shall certify annually that each of the fire safety measures specified in this statement has:

 

              (a)     been assessed by a properly qualified person, and

 

(b)     found, when it was assessed, to be capable of performing to at least the     standard required by the current Fire Safety Schedule for the building for which      the certificate is issued.

 

            The Department of Water and Energy Conditions

 

59.       As a controlled activity (i.e. the ‘works’) cannot commence before the applicant obtains a Controlled Activity Approval, the Department requires that the Construction Certificate will not be issued over any part of the site requiring a Controlled Activity Approval until a copy of the Approval has been provided to Council.

 

60.       The applicant shall apply to the Department of Water and Energy for a Controlled Activity             Approval after consent has been issued by Council but before the commencement of any             ‘works’.

 

            Plans, Standards and Guidelines

 

61.       These General Terms of Approval (GTA) only apply to the controlled activities described in the plans and associated documentation relating to DA202/2008 and provided by Council

 

(i)         Site plan, map and/ or survey

(ii)        Structural design and specification

 

Any amendments or modification to the proposed controlled activities may render these GTA invalid.  If the proposed controlled activities are amended or modified the Department of Water and Energy must be notified to determine if any variations to the GTA will be required.

 

62.       Prior to the commencement of any controlled activity (works) on waterfront land, the consent holder must obtain a Controlled Activity Approval (CAA) under the Water Management Act from the Department of Water and Energy.  Waterfront land for the purposes of this DA is land and material in or within 40m of the top of the MEAN High Water Level of the river identified.

 

63.       The consent holder must prepare or commission the preparation of:

 

(i)         Vegetation Management Plan

(ii)        Erosion and Sediment Control Plan

 

64.       All plans must be prepared by a suitably qualified person and submitted to the Department             of Water and Energy for approval prior to any controlled activity commencing.  The plans             must be prepared in accordance with Department of Water and Energy guidelines located             at www.naturalresources.nsw.gov.au/ water/controlled_activity.shtml.

 

(i)         Vegetation Management Plans

(ii)        Riparian Corridors

(iii)       Outlet structures

 

65.       The consent holder must (i) carry out any controlled activity in accordance with approved             plans and (ii) construct and/ or implement any controlled activity by or under the direct             supervision of a suitably qualified professional and (iii) when required, provide a certificate             of completion to the Department of Water and Energy.

 

            Rehabilitation and Maintenance

 

66.       The consent holder must carry out a maintenance period of two (2) years after practical             completion of all controlled activities, rehabilitation and vegetation management in             accordance with a plan approve by the Department of Water and Energy.

 

67.       The consent holder must reinstate waterfront land affected by the carrying out of any controlled activity in accordance with a plan or design approved by the Department of Water and Energy.

 

            Reporting Requirements

 

68.       The consent holder must use a suitably qualified person to monitor the progress,             completion, performance of works, rehabilitation and maintenance and report to the             Department of Water and Energy as required.

 

            Security deposits

 

69.       The consent holder must provide a security deposit (bank guarantee or cash bond) – equal             to the sum of the cost if complying with the obligations under any approval – to the             Department of Water and Energy as and when required.

 

            Access-ways

 

70.       The consent holder must not locate ramps, stairs, access ways, cycle paths, pedestrian             paths or any other non-vehicular form of access way in a riparian corridor other than in             accordance with a plan approved by the Department of Water and Energy.

 

            Disposal

 

71.       The consent holder must ensure that no material or cleared vegetation that may obstruct             flow, wash into the water body or cause damage to river banks are left on waterfront land             other than in accordance with a plan approved by the Department of Water and Energy.

 

72.       The consent holder must stabilise drain discharge points to prevent erosion in accordance             with a plan approved by the Department of Water and Energy.

 

            Drainage

 

73.       The consent holder must establish all erosion and sediment control works and water             diversion structures in accordance with a plan approved by the Department of Water and             Energy.  These works and structures must be inspected and maintained throughout the             working period and must not be removed until the suite has been fully stabilised.

 

 

 

            Erosion Control

 

74.       The consent holder must ensure that no excavation is undertaken on waterfront land other             than in accordance with a plan approved by the Department of Water and Energy.

 

75.       The consent holder must ensure that any excavation does not result in (i) diversion of any             river (ii) damage to native vegetation within the area where a controlled activity has been              authorized, other than in accordance with a plan approved by the Department of Water and             Energy.

 

            River Bed and Bank Protection

 

76.       The consent holder must establish a riparian corridor along the Lane Cove River in             accordance with a plan approved by the Department of Water and Energy.

 

            NSW Maritime Conditions

 

77.       As the pontoon is a public facility, the proposed ramp length will need to be increased or             alternatively, the pontoon freeboard increased to meet disabled access requirements. There             is sufficient depth of water to accommodate the proposed pontoon without the need for             dredging.

 

78.       Drawings, calculations and specifications together with any other documentation fully and             clearly describing all the proposed work being submitted to and approved by NSW Maritime             in writing prior to the commencement of construction.

 

 

79.       The documentation above complying with NSW Maritime’s Engineering Standards and             Guidelines for Maritime Structures and NSW Maritime’s Guidance Note:             Documentation.

 

80.       The design of the proposed work being carried out in accordance with NSW Maritime’s             Engineering Standards and Guidelines for Maritime Structures and undertaken by a             practising consulting Civil Engineer qualified for Corporate Membership of the Institution of             Engineers Australia and experienced in the design of maritime structures.

 

81.       All proposed work being carried out at no cost to NSW Maritime.

 

82.       All work being done in such a way that no construction debris falls, flows or is carried onto             the bed or waters of the Port and any such material entering the Port being removed             immediately.

 

83.       NSW Maritime reserving the right to request further information following the receipt and             examination of the foregoing.

 

            Roads and Traffic Authority Conditions

 

84.       The layout of the proposed car parking and loading areas associated with the subject             development should be in accordance with Australian Standards.

 

85.       Suitable provisions should be made for construction vehicles to be accommodated on site             as no parking is available on Burns Bay Road in the vicinity of the site.

 

86.       All vehicles to enter and leave the development in a forward direction.

 

87.       All vehicles should be wholly contained within the site before being required to stop.

 

88.       All works / regulatory signposting associated with the proposed development are to be at no             cost to the RTA.

 

            Engineering Conditions

89.       Design and Construction Standards:  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

 

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

 

91.       Works on Council Property: Separate application shall be made to Council's urban services division for approval to complete, any associated works on Council property.  This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

 

92.       Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

 

93.       Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

94.       Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

 

95.       Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

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

 

97.       Services Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

 

98.       Overland Flow around Buildings To prevent stormwater from entering the building the finished habitable ground floor level of the building must be a minimum of 150mm above the adjacent finished ground level.

 

 

99.       Stormwater requirement Stormwater runoff from all impervious areas shall be collected and disposed of using the following mechanism

·     All roof areas are to drain to the reuse system with overflow to the foreshore

·     All other areas to drain to the foreshore

·     Environmental pollution control pits need to be installed just prior to the connection to the foreshore

 

The design and construction of the drainage system is to fully comply with, AS-3500 and Council's DCP-Stormwater management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.

 

            Engineering Conditions to be complied with Prior To Construction Certificate

 

100.     Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan 0610 DA10 M prepared by Edward O’Hanlon dated 17/03/09. Certification by a suitably qualified engineer of the above plans is to be submitted to the Principle Certifying Authority stating that the design fully complies with, AS-3500 and Council's DCP-Stormwater management. The plans and certification shall be submitted prior to the issue of the Construction Certificate.

 

The Principle Certifying Authority is to satisfy themselves of the adequacy of the certified plans for the purposes of construction. They are to determine what details, if any, are to be added to the construction certificate plans, in order for the issue of the construction certificate.

 

101.     Discharge to the RiverPrior to the issue of the Construction Certificate, the applicant must obtain the written approval of the NSW Maritime Authority to discharge stormwater from the development site directly into the Lane Cove River.

 

102.     Council infrastructure damage bond: The applicant shall lodge with Council a $50,000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the occupational certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 90days from the notice. All repairs are to be carried in accordance with council’s requirements. The full bond will be retained if council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

103.     Council construction requirements: The applicant shall reconstruct the following:

 

1.   Reinstate the combined services trench in accordance with Council’s Road Opening Permit

2.   Re-sheet the full width asphalt carriageway (Loop Road) from where the combined services trench starts and ends.

3.   Re-sheet the asphalt carriageway (turning circle area) of The Avenue

4.   Scope of works is as per services plan 0610 DA09 M dated 17-03-09

 

A $50,000.00 cash bond or bank guarantee shall be lodged with Council to cover the satisfactory construction of the above requirements. Lodgement of this bond is required prior to the issue of the construction certificate. The Bond will be held for a period of six months after satisfactory completion of the works. All works shall be carried out prior to the issue of the occupation certificate. All costs associated with the construction of the above works are to be borne by the applicant.

 

104.     Excavation greater the 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

 

The applicant shall:-

(a)  seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties

(b)  detail what measures are to be taken to protect those properties from undermining  during construction

(c)  provide Council with a certificate from the engineer on the necessity and adequacy of  support for the adjoining properties

 

The above matters are to be completed and documentation submitted to principle certifying authority prior to the issue of the constructions certificate

 

(d)  Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the construction certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the occupational certificate.

 

   All recommendations of the suitably qualified engineer are to be carried out during the    course of excavation. The applicant must give at least seven (7) days notice to the owner    and occupiers of the adjoining allotments before the excavation

 

105.     Design of retaining structures: All retaining structures grater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian standards. The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate

 

106.     Truck Shaker.  A truck shaker ramp must be provided at the construction exit point. Fences are to be erected to ensure vehicles cannot bypass the truck shaker. Sediment tracked onto the public roadway by vehicles leaving the subject site is to be swept up immediately.

 

107.     Covering Heavy Vehicle Loads.     All vehicles transporting soil material to or from the subject site shall ensure that the entire load is covered by means of a tarpaulin or similar material. The vehicle driver shall be responsible for ensuring that dust or dirt particles are not deposited onto the roadway during transit. It is a requirement under the Protection of the Environment Operations (Waste) Regulation, 1996 to ensure that all loads are adequately covered, and this shall be strictly enforced by Council’s ordinance inspectors. Any breach of this legislation is subject to a “Penalty Infringement Notice” being issued to the drivers of those vehicles not in compliance with the regulations.

 

108.     Rainwater Reuse Tanks: The proposed rainwater tanks is to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.

Note:

·     Rainwater draining to the reuse tank is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank.  “On - ground” surfaces are to drain via a separate system.

·     Mosquito protection & first flush device shall be fitted to the reuse tank.

·     The overflow from the rainwater reuse tank is to drain by gravity to the receiving system.

 

109.     Soil and Water Management Plan: A Soil and Water Management Plans (SWMP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan is to be submitted to the principal certifying authority to prior to the issue of the construction certificate 

 

            Engineering Conditions to be complied with Prior to Commencement of Construction

110.     Soil and water management control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plan satisfying condition (C1) Soil and Water Management Plan’. The devices shall be maintained during the construction period and replaced when necessary.

 

            Engineering Conditions to be complied with Prior to Occupation Certificate

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

 

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

 

            Environmental Health Conditions

 

112.     The sewage collection pit must be supplied, constructed and installed in accordance with             the design as submitted and accredited by the NSW Department of Health.

 

113.     An application must be made to Council to install a sewage collection pit in accordance with Section 68, Part C of the Local Government Act 1993 and Clause 28 of the Local Government (General) Regulation 2005.

 

114.     An inspection must be carried out by Council’s Environmental Health Officer at the time of installation.

 

115.     The installation must incorporate duel flush cisterns and AAA rated water saving devices.

 

116.     The sewage collection pit must be located a minimum of 1.5m from any building and must be above the mean high water mark.

 

117.     All sewer and plumbing work must be carried out in accordance with the requirements of the local sewerage authority or the Local Government (Water, Sewerage and Drainage) Regulation 1993.

 

118.     All electrical work must be carried out by a licensed electrician and in accordance with the relevant provisions of AS/NZS 3000.

 

119.     The sewage collection pit must comply with the relevant requirements contained in the Sections of AS/NZS 1546.1-2008

 

120.     The pumps must be fitted with float and/or pressure switches to ensure small volumes of sewage are pumped at regular intervals.  The small diameter pressure line to the sewer must be fitted with a backflow prevention device.

 

121.     The sewage collection pit must be fitted with a back to base monitoring alarm system to indicate an electrical or pump failure.  The alarm system must comprise audible and visible alarms with a muting facility for the audible alarm.  The muting facility must reset to audible after two (2) hours.  The alarms must be visible from inside the premises.

 

122.     All metal fittings and components within the sewage collection pit must be of non-corroding material and have a service life of at least fifteen (15) years.  All mechanical and electrical parts must have a minimum service life of five (5) years and a minimum warranty period of twelve (12) months.

 

            Tree Preservation Conditions

 

123.     A Tree Preservation Order applies in the Lane Cove local government area. The order             prohibits the cutting or removal of any tree except with the consent of Council, which must             be strictly and fully complied with, and the penalty for contravention of this order is up to             One million one hundred thousand ($1,100,000).  The co-operation of all residents is sought             in the preservation of the bushland character of the Municipality.  All enquiries concerning             the Tree Preservation Order must be made at the Council Chambers, Lane Cove.

 

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

 

125.     There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.

 

126.     All street trees must be protected during the construction process.

 

127.     All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974.  If during the course of construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.

 

128.     Any weeds lists under the Noxious Weeds Act must be continually eradicated ensuring there is no re-establishment.  Refer to council’s website www.lanecove.edu.au for further information.

 

129.     Rubbish must be stored in a sealed locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

 

130.     Building material must be stored in a sealed locked designated area on the Site.

 

131.     The applicant must obtain a Tree Preservation Order Work Authority before trimming any overhanging tree growing in the adjacent reserve/park/nature strip. The work must be done by a suitably qualified and experienced Arboriculturalist, and must be supervised by Councils Tree Assessment Officer, who is to be given at least 2 business days notice.

 

 

132.     Access to the work Site must only be via designated access points. There must not be any access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.

 

133.     A bond of $ 40,000 must be paid to Council prior to the issue of Construction Certificate to ensure adequate protections are taken during the development to protect all trees designated for retention in the Reserve. This bond shall be forfeited in the event of damages to any trees as a result of the development works within a period of 12 months after completion. In the event of damage to any tree, as determined by Council’s Tree Assessment Officer, the cost of replacing the tree including labour will be incurred in addition to forfeiting the bond. The following formula shall be used for retention of all or part of the tree bond:

 

            Breach of any condition - 25% of bond for each offence.

            Trunk or root damage of any protected tree - 50% of bond for each offence.

            Death or severe decline of any protected tree - 100% of bond and possible legal    action by             Council.

 

134.     Any clean up operation which involves disturbing or damaging the bushland vegetation, soil crust or turf, must be coordinated through Council’s Open Space Manager.

 

135.     All outside lighting must be appropriately baffled to minimise light pollution into the Park area and Waterways.

 

136.     The location of the stormwater outlet from the stormwater detention facility must be approved by Council’s Bushland Manager, PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

137.     The trench line for underground Service Lines shall be clearly marked on the ground and shall have a setback distance of not less than 3m from existing trees. The location of all underground Service Lines must be approved by Council’s Bushland Manager and Tree Assessment Officer, PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

138.     The underground Service line must not enter any established Council garden beds.

 

139.     The reinstatement of the reserve area following the installation of service trenches must be to the satisfaction of Council’s Manager Open Space.

 

140.     The Site Arborist shall install and/or supervise all tree protection measures mentioned below. 

·     Trees numbered 7 , 8 , 9 , 14 , 20 , 24 , 55

·     All Swamp Oaks on the west side of the existing gravel pathway running adjacent to Lane Cove River.

·     Trees on the south side of the proposed new concrete access road that will replace the existing bitumen access road.

·     The Fig tree growing from the rock ledge behind the northeast section of the proposed building.

·     All trees that may be vulnerable to damage resulting from Service line installation.

 

141.     To avoid the removal of trees not shown on the plans or not identified in the Arborist Report,             every tree within this section of the reserve, including juvenile trees on the site shall be             either tagged if they are to be retained, or marked with yellow fluorescent paint if they are             designated to be removed.

           

            Identification and tagging of all trees that may be affected by the development shall be             certified by Council’s Tree Assessment Officer.  No site preparation/ works shall take place             until this certification has been completed and a copy obtained by the accredited certifier             and council.

 

142.     All tree protection measures must be in place PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation. The tree protection measures shall be to the satisfaction of Council’s Tree Assessment Officer and must be maintained for the duration of works on the site. No further site works may take place until this certification has been obtained and a copy forwarded to the accredited certifier and Council.

 

143.     No excavation shall occur within 5m distance of trees #8 and #9. The grade of the proposed access road shall be increased from the existing path level with no excavation to be carried out in this area.

 

144.     The access road to the site shall have a temporary tree root protection pad consisting of 100mm x 400mm hardwood planks (or equivalent) fixed with galvanized strapping over a 100mm thick layer of mulch over Geo-textile filter fabric that lays on the soil surface. This Root System Protection Pad shall be in place prior to the issue of the Construction Certificate including demolition or further site preparation and remain in place until the access road is constructed.

 

145.     Trees to be retained shall be clearly identified by tagging exhibiting an identification number, the radius of the tree’s TPZ and what pruning shall be carried out on the subject tree. Trees to be removed on the approved plans shall be identified with fluorescent paint. Identification and tagging of trees shall be certified by Council’s Tree Assessment Officer PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE. No site preparation / works shall take place until this certification has been obtained by the accredited Certifier and Council.

 

146.     Any exposed roots on the soil surface along trench lines must be protected using appropriate method as advised by the site Arborist. 

 

147.     There must not be any stockpiling of building materials or other materials or dumping of refuse within tree protection zones of trees shown on the approved landscape plan to be retained.

 

148.     There must not be any stockpiling of building materials or other materials or dumping of refuse to occur within 3m of the dripline of the tree(s) shown on the approved plan to be retained which do not have tree protection fencing.

 

149.     No soil, plant material, building rubble, goods, construction materials, garden refuse, old fencing, nails/fasteners, or any other matter may be deposited in any bushland or Reserve area, not even momentarily.

 

150.     Designated adequate parking areas for construction workers must be established. Parking on Council’s Park areas will not be allowed.

 

 

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Letter of offer from the University of Sydney

2 Pages

 

AT‑2 View

Site Location Plan

2 Pages

 

AT‑3 View

Neighbour Notification Plan

1 Page

 

 

 


Ordinary Council Meeting 6 July 2009

 

Environmental Services Division Report No. 24

 

 

 

 

 

Reference:    Environmental Services Division Report No. 24

Subject:          Goods on Footpaths    

Record No:    su3719 - 23333/09

Author(s):       Steve Fedorow 

 

 

Executive Summary

 

Despite Council’s stated policy (D04001 – Display of Goods on Council Footpaths) to “actively enforce a policy of removing all unauthorised obstructions of public thoroughfares and Council not permit goods for sale to be displayed on public thoroughfares”, numerous businesses throughout Lane Cove, St Leonards, Greenwich and the other commercial centres throughout Lane Cove are using Council’s footpaths to display goods for sale.

 

This report recommends that Council enforce its policy and require all unauthorised goods to be removed from Council’s footpaths.

 

Background

 

Council’s policy “Display of Goods on Council Footpaths”, shown attached as AT-1, originally adopted in March 1993 and amended in October 2002 prohibits the display of goods for sale on public thoroughfares; advertising boards on footpaths or public areas; and the installation by shopkeepers of planter boxes on the footway

 

In February 2009, following prior notification to affected businesses, Council staff recommenced actively enforcing the policy to remove portable advertising signs (A-Frames) from the footpath in the Lane Cove town centre resulting in improved accessibility for pedestrians and a marked reduction in the amount of visual clutter.

 

Discussion

 

A number of businesses continue to place goods for sale on Council’s footpaths, reducing pedestrian accessibility, creating trip hazards – a public risk, and visual clutter.

 

This continued practice presents a significant public liability risk to Council as Council is unaware of the level of public liability cover (if any) held by any of the businesses placing goods on Council’s footpath, or if that cover extends onto the footpath.

 

In the event of an accident/injury, Council may be held liable where:

 

1.   Goods have been allowed to remain on the footpath in contravention of Council’s policy;

2.   Businesses have not been instructed to remove the goods;

3.   Business public liability insurance does not extend outside the confines of the premises; or

4.   Business public liability insurance is not current.

 

Additionally, Council has a responsibility under Section 23 of the Disability Discrimination Act 1992 (DDA 1992) to ensure free and clear access to premises.  Footpaths are included in the definition of premises and the Human Rights & Equal Opportunities Commission (whose functions under the Disability Discrimination Act 1992 include preparing and publishing guidelines as to the avoidance of discrimination on the grounds of disability), consider that footpaths should have:

 

-     a continuous accessible path of travel;

-     a minimum clear width of 1.8m; and

-     a minimum clear height of 2m with nothing encroaching into that envelope. 

Further the Human Rights & Equal Opportunities Commission, as shown attached as AT-2 consider “that the continuous accessible path of travel should extend from the property line with no obstructions or projections in order to provide the best possible guidance line for all users including people with a vision impairment.” 

 

Where clear access is not maintained complaints could be lodged with the Human Rights & Equal Opportunities Commission against:

 

-     The business for creating the barrier;

-     Council as the owner of the footpath; and

-     Council for permitting the barrier to exist.


Council’s Disability Access Policy (P03501) & Disability Discrimination Action Plan, shown attached as AT-3 and AT-4, further acknowledge Council’s role in ensuring that disability access issues are recognised and addressed.  The Disability Discrimination Action Plan (Pages 15, 20-21) specifically identifies the encroachment of goods for sale into pedestrian pathways as critical issue for Council to address.

 

Council has recently received correspondence, shown as AT-5, from one of the businesses (Dymocks) who currently place goods on Council’s footpath expressing concern about the impact upon their business of Council actively enforcing its policy. 

 

The footpath outside Dymocks is a major pedestrian thoroughfare with access between the Plaza, the Bus Stop and Coles required to pass directly through this area.  With the mobility parking spaces provided on the bend of Burns Bay Road, the footpath in this location is approximately 3.2 metres wide.  A review by Council Officers has identified that the book bins & tables placed on the footpath by Dymocks occupy approximately 1.3 metres thus reducing the available pedestrian space to 1.9 metres. 

 

Whilst just compliant with the minimum clear footpath width guideline; due to the high volume of pedestrian traffic & the adjacent mobility parking spaces (potentially requiring the loading and unloading of wheelchairs & the like) it is considered appropriate that Council seek to maintain a minimum footpath width in this area of 3 metres.  A previous approval of footpath dining at Café Zivelli that reduced the footpath width to the minimum 1.8 metres resulted in pedestrian congestion to the point that within a matter of weeks Council revised the approval to maintain a minimum footpath width of 3 metres.

 

Maintaining a minimum footpath width of 3 metres within the Lane Cove town centre (including the Plaza and Longueville Road) would provide for free and unrestricted access and acknowledge the unique pedestrian character of the town centre.  A minimum footpath width of 3 metres should extend to other commercial centres such as St Leonards that have a high level of pedestrian activity. 

 

Due to the reduced level of pedestrian traffic it is considered appropriate that a minimum footpath width of 1.8 metres would be more appropriate for neighbourhood shopping centres such as Greenwich, Lane Cove West, Charlish Park, Yorks Corner, Mowbray Road & Blaxland’s Corner.

 

Charlish Park and Yorks Corner shopping precincts have recently benefited from upgrades and Council has allocated funds in its 2009-2012 Budget & Management Plan to undertake an upgrade of the Mowbray Road shopping precinct.  Upgrades to shopping precincts such as Greenwich, Lane Cove West & Blaxlands Corner have no definite schedule and will occur as budgets permit – the very earliest that this may occur would be in the 2010-2011 financial year.

 

Due to the low pedestrian volumes and the scheduled works for Mowbray Road, it is considered reasonable for Council to stage the enforcement of its policy in this location to coincide with the completion of the upgrade.  Having regard to the lack of a firm timeframe or budget to complete upgrades at the remaining shopping precincts (Greenwich, Lane Cove West & Blaxland’s Corner), in these precincts it is not considered reasonable to delay the enforcement of Council’s policy to coincide with a future upgrade.

 

It is important to note that Council’s policy does not extend to privately owned land and as such some businesses who are located in a privately owned arcade or front private owned accessible open space may continue to locate goods outside their premises.  In these situations the business would be liable should an injury occur or a complaint be made to the Human Rights and Equal Opportunities Commission.

 

Conclusion

 

Whilst acknowledging that a number of businesses will be impacted by Council’s policy, having regard to Council’s stated Display of Goods on Council Footpaths policy, public liability exposure, responsibilities to maintain a continuous accessible path of travel under the Disability Discrimination Act, Council’s Disability Access Policy and Disability Discrimination Action Plan; it is recommended that Council notify impacted businesses of its intention and take active steps to remove all unauthorised goods on footpaths.  It is also recommended that Council notify businesses who are located in a privately owned arcade or front privately owned accessible open space of their potential liabilities.

 

 

RECOMMENDATION

 

That Council:-

 

1.   Receive and note this report;

 

2.   Notify impacted businesses of it’s policy and provide a minimum of two weeks notice in which to comply;

 

3.   Enforce its policy to remove all goods on footpaths;

 

4.   Notify businesses located in privately owned arcades and spaces of their public risk and requirements under the Disability Discrimination Act 1992.

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Display of Goods on Council Footpaths Policy

2 Pages

 

AT‑2 View

HREOC Guidelines on Section 23 of the Disability Discrimination Act 1992

8 Pages

 

AT‑3 View

Disability Access Policy

3 Pages

 

AT‑4 View

Disability Discrimination Action Plan

35 Pages

 

AT‑5 View

Email from Dymocks Regarding Display of Goods

2 Pages

 

 

 


Ordinary Council Meeting 6 July 2009

 

Environmental Services Division Report No. 25

 

 

 

 

 

Reference:    Environmental Services Division Report No. 25

Subject:          1-16 Duntroon Avenue, St. Leonards    

Record No:    DA06/55 - 23496/09

Author(s):       Michael Mason 

 

 

Executive Summary

 

Council resolved to delegate authority to the General Manager to consider a payment plan by Australand for its outstanding Section 94 contribution.  The General Manager now recommends adoption of an agreed payment plan.

 

Background

 

Council at its meeting of 15 June resolved:-

 

“176       RESOLVED on the motion of Councillors Longbottom and Palmer that:-

 

1.    The General Manager be delegated authority to negotiate suitable arrangements for the deferral of the payment of the S94 Contribution, such may include a Bank Guarantee, until the lodgement of a Construction Certificate.

 

2.    A further report be submitted to Council in July 2009.”

 

Having regard to the above resolution a meeting between representatives of Australand and Council’s Executive Manager, Corporate Services was undertaken.  A payment plan and undertakings have been agreed to by Australand and endorsed by the Executive Manager, Corporate Services.  Copy of the agreement is provided as AT-1.

 

Having regard to the payment plan, condition 11 of DA06/55-01 is amended as follows:-

 

“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 at the current rate at the time of payment.  The amount is $2,080,748 at the rate of $7644.19 per person.  Note:  Payment must be by 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:

                   -    Stage 1 has been fully paid.

          -    Stage 2 -  the amount of $1,379,776.30 at the (05/06) contribution rate if $7644.19 per person.  The stage 2 payment is to be in accordance with the following: 

 

1.         A bond to cover the amount stated in Condition 11 for Stage 2 being $1,379,776.30 shall be lodged with Council, prior to the issue of the Construction Certificate.

2.         The bond will be in the form of an Insurance Bond provided by QBE Insurance (Australia) Limited. The QBE bond has the same requirements and protection as offered by as a bank guarantee.

3.         The Bond is to have a sunset date of 31 December 2011. The sunset date will ensure that Council will receive the Section 94 contribution within that time frame. Should Australand not have an Occupation Certificate prior to the sunset date then Australand will pay the full amount within 7 days of the sunset date.

4.         At the time of the actual payment of the s94 contribution the amount will be recalculated having regard to the actual s94 Contribution Rate at the time. Australand will be required to pay that amount or the original amount of $1,379,776.30, whichever is the greater. Council currently increases s94 contributions having regard to the CPI each year.

5.         The Bond will have an expiry date of at least 3 months after the sunset date as noted in item 3.

6.         Should Australand decide to sell Stage 2 of the development prior to the issue of an Occupation Certificate, then Australand will be required to pay the amount as stated at 4. To facilitate this Australand will notify Council at least 30 days prior to the settlement of the land and pay the calculated amount to Council at least 14 days prior to settlement of the purchase.

7.         Should at any time during the course of the deed Council believe that Australand has gone into liquidation, including but not limited to an administrator, receiver, controller, liquidator or provisional liquidator being appointed to control the company, Council may issue a letter requesting Australand to demonstrate their solvency within 14 days. Should Australand not provide evidence to the satisfaction of Council that they are not insolvent and or in liquidation, then Australand will be required to pay the amount as stated at 4 and Council may at its discretion call up the Insurance Bond without further notice as partial consideration of the amount owing.

8.         Australand will pay Council for the preparation of a Deed of Agreement to cover the items listed above.”

                                          

The contribution is for community facilities, open space/recreation and roads under the Lane Cove Section 94 Contribution Plan which is available for inspection at the Customer Service Counter, Lane Cove Council, 48 Longueville Road, Lane Cove.

 

Conclusion

 

Condition 11 of DA06/55-01 has been amended to reflect the Council Resolution 176 and the agreed payment plan by Australand to pay Section 94 contributions owing.

 

 

RECOMMENDATION

 

That Council:

 

1.         Endorse the Section 94 payment plan shown attached as AT-1

 

2.         Condition 11 of DA06/55-01 be amended to read:-

 

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 at the current rate at the time of payment.  The amount is $2,080,748 at the rate of $7644.19 per person.  Note:  Payment must be by 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

 

            -      Stage 1 has been fully paid.

            -      Stage 2 -  the amount of $1,379,776.30 at the (05/06) contribution rate if $7644.19 per person.  The stage 2 payment is to be in accordance with the following: 

 

1.       A bond to cover the amount stated in Condition 11 for Stage 2 being $1,379,776.30 shall be lodged with Council, prior to the issue of the Construction Certificate.

2.       The bond will be in the form of an Insurance Bond provided by QBE Insurance (Australia) Limited. The QBE bond has the same requirements and protection as offered by as a bank guarantee.

3.       The Bond is to have a sunset date of 31 December 2011. The sunset date will ensure that Council will receive the Section 94 contribution within that time frame. Should Australand not have an Occupation Certificate prior to the sunset date then Australand will pay the full amount within 7 days of the sunset date.

4.       At the time of the actual payment of the s94 contribution the amount will be recalculated having regard to the actual s94 Contribution Rate at the time. Australand will be required to pay that amount or the original amount of $1,379,776.30, whichever is the greater. Council currently increases s94 contributions having regard to the CPI each year.

5.       The Bond will have an expiry date of at least 3 months after the sunset date as noted in item 3.

6.       Should Australand decide to sell Stage 2 of the development prior to the issue of an Occupation Certificate, then Australand will be required to pay the amount as stated at 4. To facilitate this Australand will notify Council at least 30 days prior to the settlement of the land and pay the calculated amount to Council at least 14 days prior to settlement of the purchase.

7.       Should at any time during the course of the deed Council believe that Australand has gone into liquidation, including but not limited to an administrator, receiver, controller, liquidator or provisional liquidator being appointed to control the company, Council may issue a letter requesting Australand to demonstrate their solvency within 14 days. Should Australand not provide evidence to the satisfaction of Council that they are not insolvent and or in liquidation, then Australand will be required to pay the amount as stated at 4 and Council may at its discretion call up the Insurance Bond without further notice as partial consideration of the amount owing.

8.       Australand will pay Council for the preparation of a Deed of Agreement to cover the items listed above.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 6 July 2009

 

Environmental Services Division Report No. 26

 

 

 

 

 

Reference:    Environmental Services Division Report No. 26

Subject:          Sustainability Preferred Supplier Agreement    

Record No:    su3701 - 23523/09

Author(s):       Steve Fedorow 

 

 

Executive Summary

 

This report details the Northern Sydney Councils’ “One-Stop-Shop” program which has negotiated agreements with preferred suppliers for residents to purchase and install heat pump, solar hot water and photo-voltaic systems, rainwater tanks and Greenpower. 

 

Background

 

A One-Stop-Shop program has been developed to encourage our community to implement energy and water saving measures at home by saving residents time and money in purchasing sustainable technologies that would reduce community carbon and water footprints.

 

Lane Cove Council with North Sydney, Willoughby, Ku-ring-gai and Hunters Hill Councils went to tender to enter into a preferred supplier agreement for the supply and installation of discounted heat pump, solar hot water, photo-voltaic systems, rainwater tanks and Greenpower.

 

Tenderers were asked to provide discounts on products, rebate assistance and if possible deferred upfront capital costs and/or green loans. Tenderers were also required to manage quotes, supply, installation and maintenance of sustainable technologies to reduce resident’s time and money when choosing, purchasing and installing sustainable technologies.

 

Discussion

 

1.         The Tender Process

 

The tender process was managed by Willoughby Council staff on behalf of all participating Councils.  Significant legal advice, research and discussions occurred when developing the tenders.  This included discussion and advice from other Councils that had been through a similar process.  Participating Councils were provided opportunities throughout its development to make amendments before the final tender document was agreed on.

 

The tender was advertised in metropolitan and regional newspapers. The tender opened on 3 March 2009 for a period of three weeks and closed 25 March 2009. The tenders received are as follows:

 

Sustainable Technology

Tenders received

Heat pump

7

Photovoltaic system

14

Rainwater tank

8

Solar hot water system

12

Greenpower

2

 


2.         Tender Evaluation

 

Tenders were evaluated by representatives of all five participating Council’s against a range of mandatory and weighted criteria addressing factors including:-

 

·     Value for residents;

·     Type and quality of product;

·     Service;

·     Warranties;

·     Insurance;

·     Occupation Health & Safety Practices;

·     Financial assistance to residents;

·     Marketing;

·     Proven track record of the company;

·     Sustainability of the company;

·     Reporting to Council

 

Offers not meeting the requirements of the mandatory criteria were not considered in the tender process.

 

Final scores were agreed on and the top three preferred suppliers for each sustainable technology were calculated using category scores and weightings.

 

3.         Preferred Suppliers Companies

 

The following companies were rated top 2 by the five participating Councils for the supply of heat pumps and are the Councils’ recommended preferred suppliers:-

 

a) Eco Living Centre Pty Ltd

b) Envirocare and Savers Pty Ltd

 

The Councils were unanimously in favour of keeping the number of preferred suppliers to two companies due to the significant difference in total weighted scores between the second and third rated tenders.

 

The following companies were rated top 3 by the five participating Councils for the supply of photovoltaic systems and are the Councils’ recommended preferred suppliers:-

 

a) GSG (Green Solar Group Australia) Pty Ltd

b) Solar Shop Australia Pty Ltd

c) Australia Wide Solar Pty Ltd

 

The following companies were rated top 3 by the five participating Councils for the supply of rainwater tanks and are the Councils’ recommended preferred suppliers:-

 

a) Roseville Plumbing

b) Bluescope Water Pty Ltd

c) Nu-Tech Group Pty Ltd t/as Coastal Water Tanks

 

The following companies were rated top 2 by the five participating Councils for the supply of solar hot water systems and are the Councils’ recommended preferred suppliers:-

 

a) Endless Solar Operations Pty Ltd

b) Eco Living Centre Pty Ltd

 

Rheem Australia were included as a top three supplier however have subsequently advised that they wish to withdraw from the program.

 

The following companies were rated top 2 by the five participating Councils for the supply of Green Power and are the Councils’ recommended preferred suppliers:-

 

            a) Origin Energy Pty Ltd

            b) Jack Green Pty Ltd

 

The preferred supplier agreements remain in force for a period of twelve months and will be reviewed at the completion of this time.  There is an option to renew for a further twelve months subject to a satisfactory review.

 

The One-Stop-Shop will be promoted to residents through a dedicated website and other regional marketing initiatives.

 

There is no financial outlay required by the Councils other than internal officer liaison, promotion and program review.  All costs for the program are met through existing budgets.

 

Conclusion

 

The Northern Sydney Councils’ “One-Stop-Shop”, will save Lane Cove residents time and money in purchasing sustainable technologies that will contribute in reducing community carbon and water footprints.

 

 

 

RECOMMENDATION

 

That Council:-

 

1.         Receive and note the report.

 

2.         Congratulate the Council’s of Willoughby, North Sydney, Hunters Hill, Ku-ring-gai and Lane Cove staff involved in developing carbon and water reducing opportunities for our community.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 6 July 2009

 

Environmental Services Division Report No. 12

 

 

 

 

 

Reference:    Environmental Services Division Report No. 12

Subject:          Sustainability Advisory Committee - Proposal to Amend Charter    

Record No:    SU827 - 14790/09

Author(s):       Steve Fedorow 

 

 

Executive Summary

 

At its meeting of 4 May 2009 Council requested that the Charter of the Sustainability Advisory Committee (SAC) be reviewed with the possibility of including designated representatives from the Lane Cove Sustainability Action Group and the Permaculture Sydney North – Lane Cove Group. This report explores the implications of amending the Charter of the SAC and recommends that the Charter for the SAC remain unchanged.

 

Background

 

The Sustainability Advisory Committee (SAC) was formed in July 2005 with the objective “to assist Council in the formulation, prioritisation and implementation of strategies and initiatives to achieve sustainability as primarily set out in the Sustainability Action Plan”. Members of the committee provide individual expertise on sustainability issues while also representing the general views of the Lane Cove community.

 

Two amendments have been made to the Charter of the SAC since the committee began. Due to the high quality of nominations received for the first term of the SAC, the Charter was amended to allow for an additional community representative “in order to best take advantage of sustainability knowledge and expertise in our community”. A permanent position was also added for a member of the Bushland Management Advisory Committee (BMAC) to avoid duplication across Council committees.

 

There are currently twelve members on the current SAC, as outlined in the Charter:-

 

a)   Five residents of Lane Cove appointed by Council from public nominations;

b)   One youth representative nominated by the Lane Cove Youth Advisory Committee by a formal resolution of that Committee;

c)   One business representative nominated by the Lane Cove Chamber of Commerce by a formal resolution of the Chamber;

d)   One representative nominated by the Lane Cove Bushland Management Advisory Committee;

e)   Three Councillors, one from each Council ward, appointed by a formal resolution of Council in September each year; and

f)    A member of staff appointed by the General Manager.

 

On the 4 May 2009 Council resolved that the Charter of the Sustainability Advisory Committee be reviewed with the possibility of including designated representatives from the Sustainability Action Group and Permaculture Sydney North.

 

Discussion

 

There are twelve positions on the SAC. If Council were to include designated positions for members of community groups on the SAC, there would be two options available:

 

(a)  Create these positions in addition to existing membership i.e. increase the total number of positions on the SAC; or

(b)  Replace positions for community representatives (the general public) with positions designated to community groups i.e the total number of positions on the SAC remains twelve.

 

The first option is not preferred as increasing the number of positions on the committee may make it difficult to run meetings and ensure all members have the opportunity to express their view. There are currently twelve positions on the SAC and this is an effective number for meetings.

 

The second option is not preferred as it may reduce the opportunity for the general public to participate on the SAC. Each nomination received for the five community positions is considered in respect to other nominations received, to encourage a broad mix of interests and expertise on the SAC. In this way the SAC can best represent the Lane Cove community. If general community positions are removed in favour of dedicated positions for community groups, then Council would have less opportunity to ensure a good mix of community interests are represented.

 

‘Sustainability’ is a very topical issue in the community and a number of groups have recently formed to push community action on this issue. Recently formed groups include the Lane Cove Sustainability Action Group, Permaculture Sydney North – Lane Cove Sub Group and the Lane Cove Transition Towns initiation group, in addition to a number of formal and informal parent groups that are promoting sustainability through local schools.  Various resident associations also have a keen interest in sustainability. If Council were to create a permanent position for one or two of these groups, it could be seen as setting a precedent that may be difficult to maintain if other groups also requested permanent membership of the SAC.

 

Members of community groups in Lane Cove are welcome, and encouraged, to apply for community positions on the SAC as they become vacant.

 

There are a number of groups doing positive work in the Lane Cove community to raise the profile of sustainability. Council seeks to work with these groups, for example through the recent Sustainability Workshop Series. However, it is not recommended that a particular group be granted permanent representation on the SAC.

 

Conclusion

 

Having regard to the stated purpose of the SAC and its current Charter, it is recommended that Council endorse the current Charter for the Sustainability Advisory Committee.

 

 

RECOMMENDATION

 

That:

 

1.         Council endorse the current Charter for the Sustainability Advisory Committee.

 

2.         The Lane Cove Sustainability Action Group and Permaculture Sydney North be advised of Council’s decision. 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 6 July 2009

 

Environmental Services Division Report No. 27

 

 

 

 

 

Reference:    Environmental Services Division Report No. 27

Subject:          Heritage Review Stage 2    

Record No:    SU1052 - 23688/09

Author(s):       Stephanie Bashford 

 

 

 

Executive Summary

 

This report presents the Heritage Review Stage 2 Study, which has been circulated in hard copy and electronically to Councillors, is attached electronically as AT 1 and is available at Council’s offices and on its website.

 

The Study, provides recommendations for amendments to be made to the Lane Cove Heritage Register in response to suggestions made in recent years relating to individual properties and features within the municipality.  It is recommended that Council adopt the Stage 2 Heritage Study for the purpose of public exhibition.

 

Background

 

In 1995 Council adopted its local Heritage Register within the LEP 1987 (Amendment No.17). The Register was based on a study by Moore, Pike & Tropman completed in the late 1980s, and contains approximately 350 items of built, landscaping and archaeological significance.

 

In 2006 Stage 1 of the Heritage Review was conducted by heritage consultants to assess the potential for Northwood to become a conservation area, and to propose controls for the existing Greenwich Conservation Area. Following a public meeting, Council resolved not to proceed with the Northwood proposal; however the Greenwich controls have been incorporated into the Comprehensive Development Control Plan proposed at this meeting for exhibition.

 

Stage 2 of the Heritage Review comprises an assessment by the heritage consultancy, Dickson Rothschild, of approximately thirty sites. The initial list of sites expanded during the preparation of the Draft Local Environmental Plan (DLEP) as a result of proposals in public submissions during the two exhibitions, as well as suggestions by the Greenwich Association and Northwood Action Group, staff and Councillors.

 

The most recent of these relates to the Lloyd Rees Bandstand in the Lane Cove Village. The Inspection Committee, scheduled for Saturday 4 July, will be discussing this matter and a report of the minutes of this Committee will be considered at the Council Meeting on 6 July 2009. 

 

Discussion

 

Methodology

 

The study covers a range of items, including houses, garden walls, sea walls, boatsheds, the Lloyd Rees Bandstand and potential archaeology, such as Manns Point and the Shell site at Greenwich, which were listed in 1995 but also identified as having further archaeological potential for investigation.

 

The methodology for the consultant’s Stage 2 study has been to undertake historical research with the assistance of the Lane Cove Local History Library, conduct site inspections and hold discussions with owners where additional information was sought. A Statement of Heritage Significance is then prepared for items considered to have potential heritage merit. The methodology is based on the internationally-recognised Burra Charter principles, NSW Heritage Office Guidelines for Assessing Heritage Significance and the Heritage Office Guidelines for preparing listings in accordance with the State Heritage Inventory format for heritage and conservation assessment.

 

Stage 2 has also included a clerical review by Council staff of the 350 items to update property descriptions and subdivision sites, delete items where demolition has been permitted for such reasons as deteriorating condition, and other editing matters. Some items have been added during the DA process following consultation with the owners.

 

Process

 

The process for adding to or deleting items from the Heritage Register is the same as for any LEP amendment: that is, if Council resolves to exhibit the proposed amendments they are exhibited for at least 6 weeks in accordance with Council’s Consultation Policy, and submissions are then reported to Council for a final decision as to whether to proceed to gazette the amendments. Council is not technically required to obtain the owners’ consent in order to add items to the Heritage Register. However it is recommended that each property owner be advised in writing of the exhibition should Council adopt the consultant’s study.

 

Whether Council wishes to proceed to list a proposed item without the consent of owners would be a matter for Council to determine following consideration of submissions made during exhibition. If Council resolves to adopt the draft heritage study, the Department of Planning would be consulted as to the appropriate process for incorporating any amendments into the LEP.

 

Implications of Heritage Listing

 

Heritage listing does not preclude an application being lodged to alter or even demolish an item.

When the Heritage Register was introduced into the LEP in 1995, owners were advised that, in Lane Cove, the Heritage Register was to be considered an interim list intended to draw the attention of owners and development assessment staff to each property’s special qualities if in the future a development application (DA) were under consideration. This DA stage is the one at which further heritage analysis is then undertaken by the owner’s architect, for consideration by Council among many other planning issues relating to the appropriate design to be approved for each site.

 

Development consent is required, under both the LEP 1987 and the future DLEP, for demolition or alterations and additions to a heritage item or property within a conservation area. Consent is not required for changes though if Council is advised in advance and is satisfied that they are minor or would not adversely affect the significance of the heritage item.

 

Community Consultation

 

Statement of Intent

 

The consultation is designed to inform and invite submissions on the Heritage Review Stage 2 Study. Any comments received will be reviewed and evaluated to determine whether or not to proceed with amendments to the Lane Cove Heritage Register.


Method

 

Level of Participation

Inform

Involve

Consult

Form of Participation

Open

Targeted

Open

Target Audience

Lane Cove Community and

community groups

Key Message Givers eg. Relevant property owners, NSW Heritage Office and Lane Cove Historical Society

Lane Cove Community

Proposed Medium

Public exhibition and

E-newsletter

Letter and E-Mail

Website Exhibition and Survey

Indicative Timing

July - August 09

July - August 09

July - August 09

 

Conclusion

 

The Heritage Review Stage 2 Study, which makes recommendations on potential amendments to the Lane Cove Heritage Register, has been prepared by independent heritage consultants in accordance with the international Burra Charter principles and NSW Heritage Office Guidelines for heritage and conservation assessment.

 

It is appropriate to exhibit the study in response to the suggestions made in recent years by the public, Councillors and staff for amendments to the Heritage Register. Following consideration of submissions, Council would then be requested to determine whether to proceed to finalise the amendments. It is noted that listing as a heritage item does not prevent a development application being considered by Council for alteration to the property under either the LEP 1987 or the DLEP 2008.

 

 

RECOMMENDATION

 

That:-

 

1.         The Heritage Review Stage 2 Study by Dickson Rothschild be placed on public exhibition for 6 weeks and community consultation take place in accordance with the  Consultation Strategy outlined in the report.

 

2.         The NSW Heritage Office, the Lane Cove Historical Society and other community associations and relevant property owners be advised in writing of the exhibition.

 

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

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Heritage Stage 2 Report

41 Pages