m

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agenda

Ordinary Council Meeting

17 August 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 17 August 2009 commencing at 6:30pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Council Meeting Procedures

 

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

 

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

 

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

 

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

 

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

 

 

 


Ordinary Council 17 August 2009

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

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

 

 

Confidential Items

 

1.       Environmental Services Division Report No. 20

SUBJECT: Request by Owner for Council to purchase land at 34 Ronald Avenue

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and Council will give consideration to the purchase price to be offered for the land to be acquired and such if disclosed could prejudice negotiations.

 

2.       Environmental Services Division Report No. 22

SUBJECT: Request by Owner for Council to purchase land at 349 Burns Bay Road, Lane Cove

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and Council will give consideration to the purchase price to be offered for the land to be acquired and such if disclosed could prejudice negotiations.

 

3.       Mayoral Minute No. 4

SUBJECT: Performance Review of the General Manager

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing.

 

4.       Human Services Division Report No. 12

SUBJECT: Tender for Library Fit-Out

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (c) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and  Some information provided to Council by tenderers is provided on the basis that Council will treat it as commercial in confidence.  It is not in the public interest to reveal all details of these tenders or the assessment process.  Tenderers have provided sensitive information about their operations in the confidence that their details will not be made public by Council.  The practice of publication of sensitive information provided by tenderers could result in the withholding of such information by tenderers and reduction in the provision of information relevant to Council's decision.  

public forum

 

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

 

 

CONFIRMATION OF MINUTES

 

5.      ORDINARY COUNCIL MEETING - 3 AUGUST 2009

 

 

Notices of Rescission

 

6.       Notice of Rescission No. 3

SUBJECT: Lloyd Rees Bandstand Temporary Modifications

 

Orders Of The Day

 

7.       Order Of The Day No. 13

SUBJECT: Council and Committee Meeting Schedule - September 2009

 

Notices of Motion

 

8.       Notice of Motion No. 7

SUBJECT: Lloyd Rees Bandstand Temporary Modifications

 

Corporate Services Division Reports

 

9.       Corporate Services Division Report No. 40

SUBJECT: 4th Quarter Review of the 2008 - 2011 Management Plan  

 

Open Space and Urban Services Division Reports

 

10.     Open Space and Urban Services Division Report No. 35

SUBJECT: Operational Review of Village Express Shuttle Service

 

11.     Open Space and Urban Services Division Report No. 44

SUBJECT: Fishing from Wharves

 

Environmental Services Division Reports

 

12.     Environmental Services Division Report No. 235

SUBJECT: Lane Cove Occasional Childcare Centre - Phoenix Street Lane Cove.............................................................................................................................. 17

 

13.     Environmental Services Division Report No. 242

SUBJECT: 4 Church Street, Greenwich........................................................... 25

 

Human Services Division Reports

 

14.     Human Services Division Report No. 11

SUBJECT: Tender for Library Fit-Out.............................................................. 40  

 

QUESTIONS WITHOUT NOTICE

 

 

 

       


Ordinary Council Meeting 17 August 2009

 

Notice of Rescission No. 3

 

 

 

 

 

Reference:    Notice of Rescission No. 3

Subject:          Lloyd Rees Bandstand Temporary Modifications    

Record No:    SU3368 - 31147/09

Author(s):       Councillor Ann  Smith; Councillor Scott Bennison; Councillor David Brooks-Horn 

 

 

 

In the event that this Notice of Rescission No. 2 is carried the Councillors have submitted Notice of Motion No. 7 for Consideration.

 

 

 

RECOMMENDATION

 

That the resolution in relation to Notice of Motion No. 6 of 3 August 2009 for temporary modifications to the Lloyd Rees Bandstand be rescinded.

 

 

 

 

 

 

Councillor Ann  Smith

Councillor - Central Ward

 

 

 

Councillor Scott Bennison

Councillor

 

 

 

Councillor David Brooks-Horn

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

        


Ordinary Council Meeting 17 August 2009

 

Order Of The Day No. 13

 

 

 

 

 

Reference:    Order Of The Day No. 13

Subject:          Council and Committee Meeting Schedule - September 2009    

Record No:    SU1915 - 30751/09

Author(s):       Kirsty Fleming 

 

 

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

 

September      5                      Inspection Committee

 

September      7                      Ordinary Council

                                                Planning and Building Committee

                                                Services and Resources Committee

 

September      21                    Ordinary Council (Mayoral Election and Committee Representation)

                                                Planning and Building Committee

                                                Services and Resources Committee

 

 

 

RECOMMENDATION

 

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

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 17 August 2009

 

Notice of Motion No. 7

 

 

 

 

 

Reference:    Notice of Motion No. 7

Subject:          Lloyd Rees Bandstand Temporary Modifications    

Record No:    SU3368 - 31149/09

Author(s):       Councillor Ann  Smith; Councillor Scott Bennison; Councillor David Brooks-Horn 

 

 

 

 

This Notice of Motion will only be considered if the Notice of Rescission No. 3 is carried.

 

 

 

RECOMMENDATION

 

That Council:-

 

1.   Receive the Dickson Rothschild Heritage Report (May 2009) for the Lloyd Rees Bandstand and note, in particular, that the bandstand is regarded as historically, aesthetically and socially significant for Lane Cove.

 

2.   Improve access around the bandstand and through to the Lane Cove Market Square  development by:-


a)   repositioning the cafe tables and chairs to the west of the bandstand;
b)   relocating any public bench, planter boxes, railings, etc as necessary; and
c)   removing the storage area/planter box to the south of the bandstand.

 

3.   Improve the functionality and appearance of the bandstand (in its current location) through:-

 

 a) the formation of a voluntary working group that will develop alternative design concept/s for the Bandstand within 8-10 weeks, in line with recommendations of the Dickson Rothschild Heritage Report;

 b) and these be brought back to council with a recommendation, for consideration; and

 c) and the voluntary working group be retained in an advisory capacity to oversee the sketch plan, documentation, public exhibition, and construction, to ensure the heritage integrity of the Bandstand and consultation with representatives of the Bands.

 

4.   The members of the working group be:-

a)   A representative of the National Trust be consulted;

b)   Architects John Suprun and Barbara Buchanan who have both agreed top participate voluntarily & Richard Goodwin. John Suprun did the original drawings for the Bandstand for Harry Howard. Barbara Buchanan was an associate of Harry Howard. Richard Goodwin, Art Strategy consultant;

c)   A representative of the key Lane Cove band/s that use the Lloyd Rees Bandstand;

d)   Council officers as determined by the General Manager;

e)   Councillor Forrest; and

f)    A member of Lane Cove ALIVE

 

5.         Investigate options for safely storing performers' equipment whilst on stage.

 

 

 

 

 

6          (a)  The Working Party report to Council on the cost of any recommendation;

 

(b) The Working Party report to Council as to the qualitative and quantitative benefit of this proposal to the community, and

 

(c) The Working Party detail how the new design will correlate to the findings in the Attachment 1 from the National Trust.

 

 

 

 

 

 

Councillor Ann  Smith

Councillor - Central Ward

 

 

 

Councillor Scott Bennison

Councillor

 

 

 

Councillor David Brooks-Horn

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


Ordinary Council Meeting 17 August 2009

 

Corporate Services Division Report No. 40

 

 

 

 

 

Reference:    Corporate Services Division Report No. 40

Subject:          4th Quarter Review of the 2008 - 2011 Management Plan     

Record No:    SU238 - 27381/09

Author(s):       Crystal Cudilla   

 

 

Executive Summary

 

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

 

Discussion

 

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

 

Some of the highlights for the quarter include:-

 

·     Autumn Harmony Festival commenced (April 2009)

·     Breakfast in Lane Cove Plaza for Walk Safely to School Day (May 2009)

·     Community Information Night on proposed Comprehensive Development Control Plan (CDCP) (May 2009)

·     Tambourine Bay Rowing Shed completed (May 2009)

·     Bicycle Plan adopted by Council (May 2009)

·     Upgrade of paths at Shell Park (May 2009)

·     Community Consultation on Draft Plan of Management for Blackman Park (May 2009)

·     Backyard Habitat Program event ‘Attracting Birds to your Garden’ (May 2009)

·     Undertake tree works at Lane Cove Golf Course (May – June 2009)

·     Synergy Youth Centre hosts Band Night featuring 6 local bands (June 2009)

·     Winners of Captured Photography Competition announced at Awards Night (June 2009)

·     Review of Lane Cove Social Plan (June 2009)

·     Successful Men’s Health Forum held in conjunction with Lane Cove Men’s Shed (June 2009)

 

 

RECOMMENDATION

 

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

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

4th Quarter Review of 2008 - 2011 Management Plan

25 Pages

 

 

  


Ordinary Council Meeting 17 August 2009

 

Open Space and Urban Services Division Report No. 35

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 35

Subject:          Operational Review of Village Express Shuttle Service    

Record No:    SU1697 - 27441/09

Author(s):       Nick Karahlis 

 

 

Executive Summary

 

At the Ordinary Council meeting of 20 April 2009, consideration was given to the operational review of the Village Express Shuttle Bus. Council resolved to withdraw the Village Express Bus Service Route B from 1 July 2009, and that a further report be prepared to provide alternative community based services to meet the needs of the existing resident users of Route A.

 

Council Staff have conducted discussions with various community transport operators in order to determine whether there are alternative services available for seniors, the disabled and generally Lane Cove residents unable to utilise existing State Transit bus services.

 

Investigations have identified that the most financially beneficial and viable community transport service that could meet the needs of vulnerable Lane Cove users is through Council providing a sustainable vehicle, to be driven by volunteers from Lane Cove Community Aid.

 

It is also proposed that North Sydney Bus Charters be involved in discussions/investigations of the best way to service the Lane Cove Business Park.

 

Background

 

At the Council meeting of 20 April 2009, consideration was given to a feasibility assessment of the Village Express Community Bus Service.

 

The review concluded that the bus used by the North Shore Shuttle Service is not an accessible bus and that the current Village Express Shuttle Service may not be providing the best value-for-money for the Lane Cove Community.

 

Consequently, Council considered that alternative community based transport services should be explored to identify to how best meet the needs of disadvantaged resident users.

 

At the Ordinary Council meeting of 20 April 2009, Council resolved:-

 

“1.  Council withdraw the Village Express Bus Service Route B from 1 July 2009 and a report be prepared to provide alternative community based services to meet the needs of the existing resident users of Route A. This could include the use of State Transit bus services for Business Park employees and other transport options for residents and other users.

 

2.   Council establish a Working Party, consisting of Lane Cove West Business Park and Lane Cove Chamber of Commerce representatives, Council officers and State Transit Authority officers, to investigate the implementation of a public bus service between Lane West Business Park and the Lane Cove Town Centre.

 

3.   The Route A option continues until an alternate service is provided.

 

4.   The Operational Review Report be provided to the Access Committee along with this resolution.

 

5.   The residents who use Route B be contacted and alternative methods of transport to Lane Cove be explored.

 

Discussion

 

Following the April Council meeting, Council staff have held numerous discussions with various community transport operators, including the North Shore Shuttle Service (current operator) in order to identify the community transport service best suited to meet the needs of the more vulnerable seniors, disabled and Lane Cove residents that have a real need for alternative transportation to the Lane Cove Town Centre. Details of the services that each community transport group provides and discussions from meetings are provided in Attachment 1.

 

Based on this information it is proposed to replace the Village Express bus services (both Route A and B), utilising a transport service coordinated by Lane Cove Community Aid and manned by their driver volunteers, with a sustainable vehicle provided by Council. Community Aid have agreed to run the service as they believe it will be a good addition to their existing services.

 

This transport service best caters for the needs of vulnerable Lane Cove residents who have mobility problems and a greater need for a transport service than that currently provided by the North Shore Shuttle Service (Village Express).

 

The new service will be an expanded service as it will be available to all residents in need within the Lane Cove LGA, not just the Lane Cove West area. By utilising the volunteer drivers it will also provide better value for money for Council. It would also better supplement the other community transport services in the Lower North Shore and provide improved transport access specifically for Lane Cove residents.

 

Council will work to ensure a smooth transition to the new service by providing extensive advertising and making residents more aware of this new service, through a brochure to be provided to existing users of the Village Express Service and with Rates notices, Council’s web page and local/regional media advertisements. A full consultation strategy is outlined below.

 

To minimise the impact on transport services to the Lane Cove West Business Park, preliminary discussions have been held between Council Officers and Sydney Buses to explore the proposed new Metro Bus Service to operate through the Lane Cove West Business Park area. These discussions will continue and involve Lane Cove West Business Park and Lane Cove Chamber of Commerce representatives, Council Officers and State Transit Authority Officers, subject to State Transit Authorities positive approach on this matter.  North Sydney Bus Charters would be involved in the discussions and other stakeholders as required.

 

On the same issue, preliminary discussions have been held with the North Sydney Bus Charter operator regarding their proposal to seek funding from Lane Cove West Business Community to expand the transport options to service the Lane Cove West Business Park by:-  

 

a)         A possible before and after work Shuttle Service to the new North Ryde (Macquarie Park) Train Station. This would dramatically ease parking demand and make availability for employees to work in this precinct easier and more desirable.

 

b)         Using the same bus in off peak times to transport commuters from the Lane Cove West Business Park direct to the Lane Cove shops by opening the access (only for buses) at the western end of Banksia Close, which is currently closed to traffic by providing a ‘Remote Control Boom Gate’.

 


Community Consultation

 

Statement of Intent

 

The consultation is designed to inform the current operators of Council’s decision, to notify the current users of the Village Express of the proposed changes and inform all Lane Cove residents of the new alternative transportation service that will be available

 

Method

 

Level of Participation

Inform

 

Form of Participation

Open

 

Target Audience

Lane Cove Community; Users of the Village Express; and North Shore Shuttle Service (Village Express)

 

Proposed Medium

Brochures will be provided to existing users and sent out with Rates Notices; Advertisements; enewsletter; Community newsletter; and Council’s website

Indicative Timing

Public notification from mid September 2009

 

 

 

RECOMMENDATION

 

That:-

1.   The existing Village Express bus service be replaced with a Lane Cove Community Aid operated scheme to specifically cater for the transport needs of the elderly, seniors, disabled and other vulnerable mobility users in Lane Cove. The service to be made available to other residents when not catering for the needs of the vulnerable transport users.

 

2.   Council provide a sustainable vehicle for use by the volunteer drivers coordinated by Lane Cove Community Aid.

 

3.   Council promote this additional transport service through extensive advertising, such as brochures (to be provided with Rates notices), Council’s web page and local/regional media advertisements.

 

4.   The existing operator and users of the Village Express be notified about the termination of the Village Express bus service and the new service to be offered.

 

5.   Council thank the North Sydney Bus Charters (Village Express) Operator for the service provided to the community over the past decade.

 

6.   Council continue the preliminary discussions that have been held between Council Officers and Sydney Buses to explore the proposed new Metro Bus Service to operate through the Lane Cove West Business Area. Future discussions to also involve the Lane Cove West Business Park and Lane Cove Chamber of Commerce representatives and the North Sydney Bus Charters. The discussions will examine community/public transport options to service the Lane Cove West Business Park.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

Village Express Review: Community Transport Providers Background

5 Pages

 

 

 


Ordinary Council Meeting 17 August 2009

 

Open Space and Urban Services Division Report No. 44

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 44

Subject:          Fishing from Wharves    

Record No:    SU438 - 30102/09

Author(s):       Wayne Rylands 

 

 

Executive Summary

 

In January 2009, NSW Maritime resumed responsibility for the ownership and maintenance of wharves in Lane Cove. However, Council retained responsibility for cleaning of the same wharves.

 

A local resident recently reported having an accident at the Bay Street wharf, and subsequently raised a number of issues for Council’s attention. One of the main issues raised was that there has been a rise in the number of people fishing from the Bay Street Wharf during late night/early morning hours, resulting in increased noise levels. The resident requested fishing be banned from the Bay Street Wharf between 7pm and 7am for this reason.

 

Section 632 of the Local Government Act 1993, allows Council to introduce fishing bans at the Bay Street Wharf or any other public harbourside area.

 

It is proposed to place this matter on public exhibition for 6 weeks, to ascertain the extent of the problem and whether areas in addition to the Bay Street Wharf should be considered for a night-time ban of fishing activities.

 

Background

 

In May 2009, a local resident reported slipping on fish waste left on the Bay Street Wharf and fractured an ankle. Investigations have identified that there are significant fishing activities occurring at this wharf, and many other harbourside locations in the Lane Cove LGA.

 

Councillors may be aware that there are four wharves in the Lane Cove LGA. These are:-

 

i.    Bay Street Wharf;

ii.    Greenwich Ferry Wharf;

iii.   Longueville Wharf; and

iv.   Northwood Wharf.

 

The Bay Street Wharf is nearby to residents of Bay Street and Robertson Street. With fishing activities occurring during night time hours, noise concerns for local residents have increased. Council’s street cleaning unit have also reported increased fish waste being left on the wharves. These issues form the main subject of this report and the recommendations made.

 

Discussion

 

A review of Council’s cleaning schedule identified that the recently signed Service Agreement with NSW Maritime (in January 2009) required Council to undertake a regular cleaning program which schedules it to be cleaned twice a week. This is occurring.

 

However, due to a reported increase in fishing activities in areas such as the Bay Street Wharf, it was decided by management that the cleaning program should be intensified.  Council’s Hand Street Sweepers are now undertaking daily inspections of all wharves in Lane Cove in the course of their duties. Where identified, the street sweepers are undertaking more than the two Maritime required clean-ups for the wharves.

 

The cleaning program does not resolve the night-time noise issue for local residents. As with most night-time activities, those fishing create noise and this can carry and impact on local residents. The same resident who reported the fractured ankle has requested that Council ban fishing activity at the Bay Street Wharf between 7pm and 7am to help resolve this issue.

 

It is the author’s view that it may be more appropriate to ban fishing activities for a longer period on weekends (6pm to 8am), but shorter periods on weekdays (8pm to 6am) to address the noise issue. This would allow residents greater respite on weekends, but allow those wanting to fish longer hours to do so on weekdays (ie before and after work).

 

Before proceeding with any ban, it is proposed that the matter be placed on public exhibition to ascertain the wider community’s views on fishing activities.

 

Community Consultation

 

Statement of Intent

 

The consultation is designed to seek community feedback on fishing activities and their impacts on the local community.  Any comments received will be reviewed and evaluated to determine whether or not to proceed with banning fishing activities during night-time hours.

 

Method

 

Draft Policy

Level of Participation

Inform & Consult

Involve & Consult

Form of Participation

Open

Targeted

Target Audience

Lane Cove Community and people who fish in Lane Cove

Key Message Givers (e.g. adjacent residents)

Proposed Medium

Public exhibition, e-newsletter, notices on wharves, and advertisement

Public exhibition, notices on wharves, letterbox drop, and advertisement

Indicative Timing

21 August to 1 October 2009

21 August to 1 October 2009

 

Conclusion

 

Placing this matter on public exhibition for a month will allow affected and interested parties to provide feedback to Council on the proposal for a night-time ban on fishing activity from Council’s wharves.

 

RECOMMENDATION

 

That:-

 

1.         The proposal to introduce a night-time ban on fishing activity from certain public areas be placed on public exhibition for 6 weeks and community consultation takes place in accordance with the Consultation Strategy outlined in the report.

 

2.         A further report be submitted to Council following the exhibition period to determine what future action is to be taken.

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

ATTACHMENTS:

There are no supporting documents for this report.  


Ordinary Council Meeting 17 August 2009

 

Environmental Services Division Report No. 235

 

 

 

 

 

Reference:    Environmental Services Division Report No. 235

Subject:          Lane Cove Occasional Childcare Centre - Phoenix Street Lane Cove    

Record No:    DA09/123-01 - 29750/09

Author(s):       Kristy  Wellfare 

 

 

Property:                     Lane Cove Occasional Childcare Centre - Phoenix Street Lane Cove

 

DA No:                         DA09/123

 

Date Lodged:              6 June 2009

 

Cost of Work:              $60,000.00

 

Owner             :                       Lane Cove Council

 

Author:                         Kristy Wellfare

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Internal alterations to the existing child care centre, construction of a retractable awning and disabled access ramp

ZONE

Open Space Recreational 6(a)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

The use is prohibited in the zone. Existing Use Rights for the childcare centre have however been established by a prior approval (DA01/435).

IS THE PROPERTY A HERITAGE ITEM?

The property does not contain a heritage item.

IS THE PROPERTY WITHIN A CONSERVATION AREA?

The property is not located within a conservation area

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

The provisions of DCP1 do not apply to the property

BCA CLASSIFICATION

Class 9b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                   6, 8, and 10 Phoenix Street

Ward Councillors         East Ward Councillors, Mayor

Progress Association   Osborne Park Progress Association

Other Interest Groups  Nil

 

REASON FOR REFERRAL:

 

The development application is being referred for determination by the Planning and Building Committee as the estimated cost of works for the Council property exceeds the delegation of Council officers.

 

EXECUTIVE SUMMARY:

 

·     The applicant seeks consent for internal alterations to the existing childcare centre, construction of a retractable external awning and provision of a timber disabled access ramp.

 

·     The use of the premise as a childcare centre is prohibited in the 6(a) zone; however existing use rights have been previously established in 2001, when Council granted consent to DA01/435). As such, alterations to the building housing the existing use may be considered under the existing use rights provisions of the Environmental Planning and Assessment Act 1979.

 

·     The use of the premise as a childcare centre is permissible within the RE1 zone under the Draft Lane Cove Local Environmental Plan 2008.

·     The proposal was notified for a period of 14 days and no submissions were received.

·     The proposal accords with the objectives of the Childcare Centres Development Control Plan and is not contrary to the provisions of any other applicable instrument.

 

SITE:

 

The site is located on the western side of Phoenix Street, between Longueville Road and Dorritt Street. The Lane Cove Occasional Childcare Centre occupies part of the building known as the Pottery Green Clubhouse and is located to the north of Pottery Green Oval. Existing development on the site consists of a single storey masonry building which houses the subject childcare centre.  The building also provides changing rooms and amenities for the Pottery Green Clubhouse. Development on adjacent sites consists of the Lane Cove Aquatic Centre to the north of the site and dwelling houses to the south. Development on the eastern side of Phoenix Street consists of single and two storey dwelling houses.  Site Plan and Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

 

The applicant seeks consent to carry out internal alterations to the existing child care centre and the construction of disabled access ramp. Specifically, the works include:-

 

-      Upgrading the existing toilets to allow for disabled access

-      Upgrading of the existing laundry

-      Upgrading of existing junior toilet facilities

-      Reconfiguration to accommodate a new store room

-      Provision of an extra change table

-      New toddler shower room

-      New timber disabled access ramp

-      Installation of a retractable awning to the north elevation

-      New timber and metal roof over the northeast storage room

 

PREVIOUS APPROVALS/HISTORY:

 

D35/2006:       Shade sail at Lane Cove Occasional Care Centre. Approved by delegation 17/2/2006

D435/2001:     Enclosure of rear deck of child care centre. Approved by Council 18/2/2002.

D257/1998:     Proposed addition to child care centre. Approved with conditions 3/8/1998.

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

The proposal does not alter the numerical compliance of the building.

 

REFERRALS:

 

Manager Urban Design and Assets

 

Council’s Urban Design Manager has considered the proposal and has advised that as the increase in impervious area is minima it does not require on site detention.  Draft conditions of consent have been provided.

 

 

 

 

Manager Community Services

 

The proposal was referred to Council’s Community Development Officer-Seniors and Disability Services for comment. No concerns were raised regarding the proposal and the following advice was provided.

 

The alterations suggested by the applicant that enable improved access to the childcare centre, upgrading the existing toilets to allow for access by people with disabilities and the installation of a new timber ramp, are acceptable, particularly as in both areas of development reference is made to these alterations adhering to the Australian Standards AS 1428.1-2.

 

It is recommended that the applicant either provide a Statement of DDA Consistency Regarding Access and Mobility if they are access accredited or undertake an independent access audit of the design.  This will ensure that the designs adhere to the Australian Standards and compliance with the DDA.

 

A draft condition reflecting the above has been included in the recommendation of this report.

 

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

 

The proposal is for alterations to an existing childcare centre. The use is a prohibited use in the zone, whether considered as a child care centre or as a community facility (as the child care centre is owned by Council.) 

 

DA01/435 approved alterations and additions to the childcare centre on 18 February 2002.  The assessment report dated 18 February 2002, advised that it was established that the use of the building for the purposes of a childcare centre was an “Existing Use” in accordance with Section 106-109B of the Environmental Planning and Assessment Act 1979. As such, Council may consider an application relating to this use and the building in accordance with the “existing use rights” provisions of the Act.  The existing use rights provisions that were originally established relating to the use of the premises has not been affected by more recent amendments to the existing use right provisions of the Act.

 

Draft Lane Cove LOCAL Environmental Plan 2008

 

The proposal has been assessed under the relevant provisions of DLEP2008. Under the DLEP, the site is zoned RE 1.  The use is defined under the DLEP as a child care centre and would be permitted in the zone.

 

Other Planning Instruments

 

State Environmental Planning Policy No 55 – Contaminated Lands

 

Clause 7 of the SEPP requires Council to consider whether the land is contaminated. Notwithstanding the fact that site investigations have not been carried out, an examination Council’s computer records and information provided by the applicant indicates a recent history of recreational and childcare development on the site, and recreational and residential uses of the adjoining sites. The proposal includes minimal excavation for footings and does raise any concerns in relation to SEPP55. As such, further investigation is not required in this instance.

 

DEVELOPMENT CONTROL PLANS

 

As the proposal relates to a non conforming existing use, Council’s development control plans do not apply, but can be sued as a guide for the merit based assessment.  In order to consider the proposal, the following comments are offered in relation to Council’s Development Control Plans.

Development Control Plan - Childcare Centres

 

The application has been assessed having regard to the provisions of the Development Control Plan - Childcare Centres. The following is noted:

 

§ The location of the Occasional Childcare Centre being in a 6(a) zone is contrary to the locations permitted in the DCP, however this is an existing non-compliance which is not the subject of this application,

§ The proposal does not seek to alter the number of children catered for by the Occasional Childcare Centre

§ The amount of indoor play area is not proposed to be altered

§ The proposal includes the construction of a retractable awning to provide additional shade to outside areas, and this awning does not require the installation of any support poles. No other works are proposed to the existing outdoor play area

§ Draft conditions have been included in the recommendation of this report to ensure the proposed access is in accordance with the requirements of Australian Standard 1428 and the Building Code of Australia.

§ The proposal does not seek to alter the approved hours of operation of the Occasional Childcare Centre.

 

The proposal is considered to accord with the objectives of the DCP and is considered to be acceptable in this regard.

 

Development Control Plan – Access and Mobility

 

The proposal includes works to construct a timber access ramp for the purposes of achieving disabled access into the childcare centre and involves the provision of a disabled toilet.  Having regard to the provisions of the DCP, the proposal is considered to accord with the objectives and raises no concerns regarding the relevant provisions. Subject to the imposition of appropriate draft conditions of consent requiring compliance with the Australian Standard 1428.1-4:2001, the proposal is considered to be acceptable in this regard.

 

Council’s Community Services Manager has requested the submission of a Statement of DDA Consistency Regarding Access and Mobility or that the applicant undertakes an independent access audit of the design.  Draft condition 3 requests that this statement be lodged with the Construction Certificate.

 

Development Control Plan Number 4 – Site Waste Management

 

Conditions have been included in this report requiring the submission of a waste management plan outlining the intended disposal of waste materials generated as a result of the proposed works, prior to the issue of the Construction Certificate.

 

APPLICABLE REGULATIONS

 

Environmental Planning and Assessment Regulation 2000

 

The proposal involves minor demolition work. Clause 92(1)(b) of the Regulation requires Council to consider the provisions of Australian Standard AS 2601-1991: The demolition of structures.  The matter may be addressed by a condition of consent, which is included in the recommendation of this report.

 


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

 

Not relevant given the nature of the proposed land use and the need to asses on merit only.

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

 

No submissions were received in response to the notification of the development application. 

 

CONCLUSION

 

The Development Application has been assessed in accordance with matters for consideration outlined in Section 79C of the Environmental Planning & Assessment Act 1979, and having regard to all of the relevant instruments and policies. The proposal will not result in any adverse impacts for the locality and is not considered to be contrary to the public interest. Accordingly, the application is recommended for approval, subject to the conditions listed below.

 

 

RECOMMENDATION

 

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application DA09/123 for internal alterations to the existing child care centre, construction of a retractable awning and disabled access ramp on lots 93,94 & 95 in DP 5922 and known as Lane Cove Occasional Childcare Centre subject to the following conditions:-

 

1.         That the development be strictly in accordance with drawing number FL02, F03 and FL04 dated June 09 by Nadia D’Amico except as amended by the following conditions.

 

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

 

3.         Prior to the issue of a Construction Certificate, a Statement of DDA Consistency Regarding Access and Mobility must be submitted to the Certifying Authority. This Statement must be completed by an access accredited professional. Alternatively, an independent access audit of the design must be undertaken to ensure that the designs adhere to the Australian Standard 1428.1-4:2001 and compliance with the provisions of the Disability Discrimination Act 1992.

 

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

 

5.         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.

 

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

 

7.         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.

 

8.         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.

 

9.         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.

 

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

b)         Waterproofing of wet areas

c)         Completion.

 

11.       The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations, and the WorkCover Authority. Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

12.       Compliance with Australian Standard 2601 - The Demolition of Structures.

 

13.       Submission of a Waste Management Plan for the disposal of all waste material, spoil and excavated material, and documentation detailing the destination of materials in accordance with this Plan.  The Waste Management Plan and accompanying details shall be submitted PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

14.       It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

 

15.       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.

 

16.       If at the commencement of, or during the demolition stage of the development, it becomes apparent that all or any of the existing structures that were to be retained may require demolition, works are to cease immediately. The Principal Certifying Authority is to advise Council of the status of the works and the proposed method of rectification. It should be noted that any variations to the approved consent will require the lodging of a new Development Application.

 

17.       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.

 

ENGINEERING CONDITIONS

 

General Engineering Conditions

 

18.       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.

 

19.       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. 

 

20.       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.

 

21.       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.

 

22.       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.

 

23.       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.

 

24.       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’.

 

25.       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

 

Engineering Conditions to be Complied with Prior To Construction Certificate

 

26.       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

 

27.       Stormwater requirement The stormwater runoff from all impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP-Stormwater management. The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Council’s DCP-Stormwater management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

 

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

 

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

 

28.       Council infrastructure damage bond: The applicant shall lodge with Council a $1000.00 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.

 

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

 

Engineering Conditions to be Complied With Prior to Commencement of Construction

 

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

 

Engineering Conditions to be Complied With Prior to Occupation Certificate

 

31.       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.

 

Michael Mason

Executive Manager

Environmental Services Division

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan

1 Page

 

 


Ordinary Council Meeting 17 August 2009

 

Environmental Services Division Report No. 242

 

 

 

 

 

Reference:    Environmental Services Division Report No. 242

Subject:          4 Church Street, Greenwich    

Record No:    da08/249 - 30734/09

Author(s):       May  Li 

 

 

Property:                     4 Church Street, Greenwich

 

DA No:                         249/2008

 

Date Lodged:              29 August 2008

 

Cost of Work:              $950,000

 

Owner             :                       G J Irving

 

Author:                         May Li

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of the existing two storey dwelling house and construction of a two storey dwelling house with a double garage

ZONE

2(a2)- Residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

Yes

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a, 10a & 10b

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours:

2 Church Street, 5 7, 9 & 11 Robert Street, 1,3,5 & 7 St Lawrence Street, Greenwich

 

Councillors:

Brooks-Horn, Tudge & Palmer

 

REASON FOR REFERRAL:

 

This matter is referred to Council for determination following failed mediation and the applicant’s submission of amended plans.

 

Background:

 

Council considered DA 08/249 originally at its meeting of 2 March 2009.  At that meeting the application was deferred for mediation.  Report to Council of 2 March 2009 attached (AT1).  The mediation took place on 10 and 18 March 2009, and unfortunately the mediation was not successful.

 

The matter was reported to the Council meeting of 6 April, 2009 attached (AT2).  At that meeting the applicant tabled amended plans (Revision E) for the proposal.  As the residents had not had the opportunity to view and comment upon the amended plans, Council deferred the proposal to allow notification of the amended proposal.  Revision E was notified and submissions received.

 

Further amended plans were submitted (Revision F), which were also notified to neighbours and previous objectors.  There were some errors in Revision F and these have been corrected in Revision G.

 

This report is based on the Revision G plans, which are essentially same as Revision F.

 

The report outlines amendments in Revision G and the response of the notifications.

 

Report

 

The applicant made the following amendments to the previous proposed design of the dwelling house (Revision D) resubmitted to Council on 2 March 2009:

 

Lower Ground Floor

 

·     The location of the garage has been moved approximately 4m to the east

·     The store area has been deleted

·     The footprint of the garage has been reduced by 8m2

·     Additional landscaping is proposed at the western end of the site

·     There is no part of the garage exceeding 1.5m of the existing ground level and the lower ground floor level is not included in the GFA calculation

·     The finished floor level of the garage has been changed from RL21.30 to RL 21.71

 

Ground Floor

 

·     The building has been moved to the west and the front setback has been reduced from 3.7m to 1.8m

·     The building has been extended to the south by 1m

·     A set of external stairs is added adjacent to the garage roof top landing at the south of the building

·     The GFA has been increased form 122m2 to 130m2

·     The finished floor level is at RL 24.11 (0.11m higher than the western end and 0.19m lower than the eastern of the previous proposal)

 

First Floor

 

·     The building has been extended by 2.5m to the western boundary

·     Relocation of the kitchen to the southern end of the house

·     Relocation of a bathroom window from the east elevation to the south elevation

·     The western terrace would be screened by the kitchen from 9 Robert Street

·     The front setback has been reduced from 3.8m to 3m.

·     The finished floor level has been reduced by 0.09m from RL 27.30 to RL 27.21

·     The GFA has been increased from 136m2 to 152m2.

 

Roof

 

·     Deletion of the projected roof over the living area

·     The maximum ridge height of the building has been reduced by 1.2m from RL 31.51 to RL 30.31.

Refer to AT3 attached for the plans (Revision G).

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (433.3m2- Revision G

 

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.64:1

0.61:1

No

Soft Landscaped Area            (min)

36%

35%

Yes

Side Boundary Setback             (min)

1.5m

1.5m

Yes

Overall Height (m)       (max)

7.1m

9.5m

Yes

Ceiling Height (m)       (max)

6.5m

7.0m

Yes

No of Storeys

2+basement

2

Yes

Building Line    (max)

Consistent with the existing dwelling house

7.5m or consistent with the existing streetscape

Yes

Foreshore Building Line            (min)

Consistent with the existing

The setback is set between two adjoining properties

Yes

Cut and Fill      (max)

2m cut

1m

No

Deck/Balcony width    (max)

4m

3m (if elevated by >1m)

No

Solar Access  (min)

More than 3 hours

3 hours to north elevation

Yes

 

Public Notification

 

The amended plans, Revision E were renotified during 14 April 2009 and 28 April 2009 and Revision F was re-notified during 5 May 2009 and 19 May 2009.  Submissions were received from the owners of the adjoining properties at 2 Church Street, 9 and 11 Robert Street, Greenwich to each of the notifications.

 

The following concerns were raised in the submissions:

 

·     The building is higher than Council (Officer’s) previous recommendation. 

Officer’s Comment

The proposed building complies with the building height requirements of the Code for Dwelling Houses (the Code).  The recommendation in relation the maximum height was for the height of the new building not to exceed the existing, being at RL 29.49.  The maximum height of the building proposed in Revision G is for RL 30.31.  This exceeds the original building height by 0.82m.

·     Building has moved further forward to Church Street and would increase its impact on the views of neighbours.

Officer’s Comment

The front setback of the proposed building is consistent with the existing building which complies with the front setback requirement of the Code.  The building setback in Revision D was 5.3m and the proposed setback from Church Street in Revision G is 4.3m for the majority of the dwelling house and 1.8m for the garage which is now part of the dwelling house.

·     The proposal does not comply with the side setback requirements

 

 

Officer’s Comment

The non-compliance has been addressed by further amended plans in Revision G.  The proposed building complies with the side setback requirements of the Code.

·     The proposed building contains three levels.

Officer’s Comment

 

The Code permits two storey dwelling house with basement not exceed 1.5m above natural ground level and this is the case.

 

·     Excavation exceeds Council’s guidelines.

Officer’s Comment

It is agreed that the proposal does not comply with the cut and fill requirements of the Code.  This has been the case with each of the original proposal and the Revisions.  The amended proposal  reduces the amount of the excavation compared to the previous designs.

·     Soft landscaping is still below Council’s guidelines.

Officer’s Comment

The amended landscape plan complies with the landscaping requirements of the Code. This is achieved partly by the relocation of the garage to within the dwelling house footprint.

·     The proposed building is too large.

Officer’s Comment

The proposed building does not comply with the floor space ratio requirements of the Code.  However, the applicant has agreed to accept a condition in the development consent requiring that the FSR of the proposed development not exceed 0.61:1. A draft condition (1A) has been provided in the recommendation.

CONCLUSION

 

The applicant has amended the plans to reduce the height of the building, and relocation of the first floor terrace to reduce the noise, privacy and visual impacts to 9 Robert Street, Greenwich.  The building is 0.82m higher than the existing building, however substantially below the maximum height allowed and 1.2m lower than the original proposal.

 

The proposal is recommended for approval.

 

RECOMMENDATION

 

That pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application 249/2008 for the demolition of the existing dwelling house and garage and the erection of a dwelling house with basement garage on Lot 2, DP 84165 and known as 4 Church Street, Greenwich subject to the following conditions:-

 

 

1.         (20) That the development be strictly in accordance with the following approved drawings prepared by Haviland Architects except as amended by the following conditions:

 

-           Proposed site Plan, A02, Revision G, dated 15.06.09;

-           Proposed Lower Ground Floor Plan, A05, Revision G, dated 15.06.09;

-           Proposed Ground Floor Plan, A06, Revision G, dated, 15.06.09;

-           Proposed First Floor, A07, Revision G, dated 15.06.09;

-           Roof Plan, A08, Revision G, dated 15.06.09;

-           Proposed Northern & Eastern Elevations, A09, Revision G, dated 15.06.09;

-           Proposed Southern & Western Elevations, A10, Revision G, dated 15.06.09;

-           Sections AA & Boundary Elevation-South, Revision G, dated 15.06.09;

-           Section BB, Revision G, dated 15.06.09; and

-           Landscape Plan, LA-01, Revision B, prepared by Isenegger Landscape Architect, dated 20.06.09.

 

1A.       Amended Plans to be Submitted

 

Amended plans and specifications incorporating the following amendments are to be submitted with the application for a construction certificate.

 

(i)         The floor space of the dwelling house shall not exceed 264m2 and the proposed development must not exceed the FSR of 0.61:1.

 

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

 

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

 

4.         (11) 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.

 

5.         (12) Approval is subject to the condition that the builder or person who does the residential building work complies with the applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work.  It is the responsibility of the builder or person who is to do the work to satisfy Council or the PCA that they have complied with the applicable requirements of Part 6.  Council as the PCA will not release the Construction Certificate until evidence of Home Owners Warranty Insurance or an owner builder permit is submitted. THE ABOVE CONDITION DOES NOT APPLY TO COMMERCIAL/INDUSTRIAL CONSTRUCTION, OWNER BUILDER WORKS LESS THAN $5000 OR CONSTRUCTION WORKS LESS THAN $12000.

 

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

 

 

7.         (34) Fences adjoining the access strip not exceeding 900 mm in height between the existing dwelling-house (building line) and the street frontage.

 

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

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

9.         (36) 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.

 

10.       (37) 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.

 

11.       (39) The building not to be used for separate occupation or commercial purposes.

 

12.       (48) 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.

 

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

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

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

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

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

 

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

 

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

 

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

b)         All reinforcement prior to filling with concrete.

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

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

g)         Stormwater drainage lines prior to backfilling

h)         Completion.

 

 

16.       Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

17.       (60) 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.

 

18.       (63) All metal deck roofs being of a ribbed metal profile or colourbond corrugated galvanised or zincalume iron, in a mid to dark range colour and having an approved anti-glare finish.

 

19.       Standard Condition (64) A check survey certificate is to be submitted at the completion of:-

 

a)         Dampcourse level;

b)         The establishment of the first floor level;

c)         The roof framing; and

d)         The completion of works.

 

Note:    All levels are to relate to the reduced levels as noted on the approved architectural plans and should be cross-referenced to Australian Height Datum.

 

20.       (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Construction Safety Act and the Regulations details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

 

21.       (67) 

(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), consideration will be given to the use of rock pick machines and may be approved by Council subject to:-

 

(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.

 

22.       (72) The proposed works must be confined within the boundaries of the site.

 

23.       (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

24.       (76) All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7.0 metres from the specified item.

 

25.       (77) All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

 

26.       (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

27.       (79) Compliance with Australian Standard 2601 - The Demolition of Structures.

 

28.       (130)  Compliance with the Waste Management Plan submitted with the development application.

 

29.       (132)  It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

 

30.       (137)  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.

 

31.       (141) 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.

 

32.       (142) BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

 

33.       Construction and Site Management Plan

 

Prior to the issue of a Construction Certificate the applicant shall submit to the accredited certifier a construction and site management plan that clearly sets out the following:

 

(a)       what actions and works are proposed to ensure safe access to and from the site and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like,

 

 

(b)       the proposed method of loading and unloading excavation machines, building materials, formwork and the erection of any part of the structure within the site,

 

(c)       the proposed areas within the site to be used for the storage of excavated material, construction materials and waste and recycling containers during the construction period,

 

(d)       how it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways,

 

(e)       the proposed method of support to any excavation adjacent to adjoining properties, or the road reserve.  The proposed method of support is to be designed by a chartered Civil Engineer or an accredited certifier.

 

Where it is proposed to:

·     pump concrete from within a public road reserve or laneway, or

·     stand a mobile crane within the public road reserve or laneway, or

·     use part of Council’s road/footpath area,

·     pump stormwater from the site to Council’s stormwater drains, or

·     store waste and recycling containers, skip, bins, and/or building materials on part of Council’s footpath or roadway,

 

An Activity Application for a construction zone, a pumping permit, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee shall be submitted to Council and approval obtained before a Construction Certificate is issued.

            Note: A separate application to Council must be made for the enclosure of a public place (hoarding).

(f)         No vehicles are permitted to park on Church Street, Greenwich.

 

34.       Support for Neighbouring Buildings and Notice to Adjoining Owners

 

(1)        If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:


 

(a)       must preserve and protect the building from damage, and

 

(b)       if necessary, must underpin and support the building in an approved manner, and

 

(c)       must at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

 

(2)        The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

 

Notes: 

 

(i)         Details of underpinning works, prepared and certified by a practicing structural engineer shall be submitted to and approved by the Principal Certifying Authority prior to the commencement of any works.

 

(ii)        Allotment of land includes a public road and any other public place.

 

Landscaping Conditions

 

35.       (300) A Tree Preservation Order applies in the Lane Cove local government area. The order prohibits the cutting or removal of any tree except with the consent of Council, which must be strictly and fully complied with, and the penalty for contravention of this order is up to One million one hundred thousand ($1,100,000).  The co-operation of all residents is sought in the preservation of the bushland character of the Municipality.  All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.

 

36.       (301)  Prior to any works commencing on site a Tree Preservation Order Work Authority must be obtained to remove or prune those trees identified on the approved plans to be removed or pruned for construction.

 

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

 

38.       (303)  There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.

 

39.       (304)  All street trees to be retained must be protected during the construction process and to be addressed in the Tree Protection Plan.

 

40.       (305)  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.

 

41.       (306) All materials brought onto the site must be weed free.

 

42.       (307a)  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.nsw.gov.au for further information.

 

43.       (308)  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.

 

44.       (317) A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 1.2m from the trunk of the Eucalypt tree standing on the opposite side of Church Street in front of the site. The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

 

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

 

All tree protection zones and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE including demolition or site preparation and remain in place for the duration of the construction work. 

 

45.       (new) A 1.8 m high fence of chain mesh shall be erected a radial distance of not less than 3m from the trunk of the Pittosporum undulatum standing in the northeast corner of the site.  The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels within the fenced area shall remain undisturbed.

 

46.       (333)  In the event that there occurs any accidental or intentional dumping of building material in the bushland area, Council’s Bushland Manager must be notified immediately.  Any clean up operation which involves disturbing the vegetation, leaf litter, soil crust, or natural bedrock, must be coordinated through Council’s Bushland Manager. 

 

47.       (335)  All outside lighting must be appropriately baffled to minimise light pollution into the bushland area and neighbouring properties.

 

48.       (new) The landscape plans compiled by Philipp Iseneggger (24/08/2008), submitted with the proposal are to the satisfaction of Council and must be adopted as part of this consent.

 

49.       (383)  The Applicant must ensure that all landscaping is completed to a professional standard, free of any hazards or unnecessary maintenance problems and that all plants are consistent with NATSPEC specifications.

 

General Engineering Conditions

50.       (A1) Design and Construction Standards:  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

 

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

 

52.       (A3) Works on Council Property: Separate application shall be made to Council's urban services division for approval to complete, any associated works on Council property.  This shall include vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

 

53.       (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

 

54.       (A5) Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

 

55.       (A6) Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

 

56.       (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.

 

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

 

58.       (A9) Services Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

 

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

 

60.       (R1) Rainwater Reuse Tanks: The proposed rainwater tank 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.

 

61.       (S1) Stormwater requirement Stormwater runoff from all impervious areas shall be collected and disposed of using the following mechanism

·           All impervious areas are to drain to the street

·           Environmental pollution control pit is to be installed just prior to the connection to the street system

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

 

62.       (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan 08123/c1 prepared by Docker Smith dated August 2008

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.

 

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

 

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

 

65.       (V1) Proposed Vehicular Crossing: The proposed Vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the construction certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the occupational certificate. 

 

66.       (D2) Geotechnical report: A geotechnical report is to be completed for the excavations and retaining structures proposed for the development. The Geotechnical Report and supporting information are to be prepared by a suitably qualified geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of a Construction Certificate.

 

67.       (D3) Geotechnical Monitoring Program: Excavation works associated with the proposed development must be overseen and monitored by a suitably qualified engineer. A Geotechnical Monitoring Program shall be submitted to the principle certifying authority prior to issue of a Construction Certificate.. The Geotechnical Monitoring Program must be produced by suitably qualified engineer ensuring that all geotechnical matters are regularly assessed during construction.

The Geotechnical Monitoring Program for the construction works must be in accordance with the recommendations of the Geotechnical Report and is to include:

§ Recommended hold points to allow for inspection by a suitably qualified  engineer during the following construction procedures;

§ Excavation of the site (face of excavation, base, etc)

§ Installation and construction of temporary and permanent shoring/ retaining walls.

§ Foundation bearing conditions and footing construction.

§ Installation of sub-soil drainage.

§ Location, type and regularity of further geotechnical investigations and testing.

Excavation and construction works must be undertaken in accordance with the Geotechnical and Monitoring Program.

 

68.       (D4) Construction Methodology Report: There are structures on neighbouring properties that are deemed to be in the zone of influence of the proposed excavations. A suitably qualified engineer must prepare a Construction Methodology report demonstrating that the proposed excavation will have no adverse impact on any surrounding property and infrastructure. The report must be submitted to Principle Certifying Authority prior to issue of a Construction Certificate. The details must include a geotechnical report to determine the design parameters appropriate to the specific development and site.

 

The Report must include recommendations on appropriate construction techniques to ameliorate any potential adverse impacts.

 

 

The development works are to be undertaken in accordance with the recommendations of the Construction Methodology report.

 

69.       (D5) Dilapidation report The applicant is to provide a dilapidation report of all adjoining properties and any of Council's infrastructure located within the zone of influence of the proposed excavation.

 

Dilapidation report must be conducted by a suitably qualified engineer prior to the commencement of any demolition, excavation or construction works. The extent of the survey must cover the zone of influence that may arise due to excavation works, including dewatering and/or construction induced vibration. The Initial dilapidation report must be submitted to Principle Certifying Authority prior to issue of a Construction Certificate.

 

A second dilapidation report, recording structural conditions of all structures originally assessed prior to the commencement of works, must be carried out at the completion of the works and be submitted to Principle Certifying Authority prior to issue of an occupational Certificate.

 

70.       (T1) Design of retaining structures: All retaining structures grater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian standards. The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate

 

71.       (D6) Certification of retaining structures and excavations: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures and excavations have been carried out;

·           In accordance with Construction Methodology Report, Geotechnical Monitoring Program

·           Approved and certified retaining structures design

·           In accordance with the relevant Australian Standards and Codes of Practise.

The certification and a complete record of inspections, testing and monitoring (with certifications) must be submitted to the principal certifying authority prior to the issue of the occupational certificate.

 

Engineering Conditions to be Complied with Prior to Commencement of Construction

 

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

 

Engineering Conditions to be Complied with Prior to Occupation Certificate

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

 

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

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Report to Council of 2nd March 2009

23 Pages

 

AT‑2 View

Report to Council of 6th April 2009

11 Pages

 

AT‑3 View

Set of Amended Plans Revision G

9 Pages

 

 

  


Ordinary Council Meeting 17 August 2009

 

Human Services Division Report No. 11

 

 

 

 

 

Reference:    Human Services Division Report No. 11

Subject:          Tender for Library Fit-Out    

Record No:    SU448 - 30721/09

Author(s):       Jane  Gornall 

 

 

Executive Summary

 

As part of the Lane Cove Market Square Development, Fabcot Pty Ltd (Woolworths Pty Ltd) were to provide to Council a library shell of 2,594 square metres.  Council would then add the shell to the existing 1924 built section of the Library building to provide a much larger Library for the Lane Cove community.

 

Mainbrace Constructions (NSW) is currently constructing the shell and the latest tentative date for handover is October 2, 2009 – although it is more likely to be about the 16th October, 2009.

 

This Report lists the steps undertaken in regard to the tender process for contracting a builder for the fit- out and refurbishment of the Library and recommends a preferred tenderer (builder) to Council.

 

Discussion

 

Scope of Work

 

Stage 1 – after the shell has reached practical completion by Mainbrace Constructions it will be  handed over to Council by Fabcot Pty. Council will then be required to fit-out the shell.

 

The shell that is to be provided consists of the concrete walls; floors; roof; air-conditioning platform;  fire exit stairs;  windows and skylights; water and power connections.

 

Stage 1 fit-out works include - the installation of all plumbing; electrical and cabling works; wall linings; ceiling and air-conditioning; fire sprinklers and fire services; lift; carpets and built in furniture.

 

Stage 2 – the existing building fronting Longueville Road is to be refurbished. This stage includes adding a new concrete floor for the main floor; excavating the basement for storage; and replacing the existing non-compliant windows with new energy efficient windows.

 

 

Tender Process

 

As part of undertaking these works, Council is required under the Local Government Act, 1993 Section 55 (12) to invite tenders for the work.

 

Under Section 55(1) of the Act, Council must decide which of the following tendering methods are to be used:- 

 

(a) the open tendering method – by which tenders for the proposed contract are invited by public advertisement;

 

(b) the selective tendering method – by which invitations to tender for a particular contract are made following a public advertisement asking for expressions of interest;

 

(c) the selective tendering method – by which recognised contractors selected from a list prepared or adopted by the Council are invited to tender for proposal contracts of a particular kind.

 

Most of the steps required to be undertaken are similar for all three methods.

 

Based on the recommendation from Council’s architects for this project, Stephenson and Turner (Don Bergomi and Geoff Larkin), it was decided to utilise method (b) – the selective tender by public advertisement asking for expressions of interest.

 

In March 2009, the Council advertised for Expressions of Interest from qualified builders in line with the requirements of the legislation.

 

A total of thirty-three (33) Expressions of Interest were received.

 

The following companies were shortlisted by the assessment panel:-

 

·     Adco Constructions

·     Barker Constructions

·     Buildcorp Interiors Pty Ltd

·     Hooker Cockram Projects NSW Pty Ltd

·     Kane Constructions NSW Pty Ltd

·     Thomas and Coffey

 

On the 7th July 2009, the above listed companies were provided with all of the relevant documentation for the project.

 

Tenders Received

 

Initially tenders were scheduled to close on Friday 31st July, 2009  - at the request of a number of tenderers this date was extended to  4.00 pm on Thursday August 6, 2009. The six companies listed above all submitted tenders.

 

Assessment

 

Each tender was assessed based on the following weighted criteria and ranked accordingly:-

 

Company

Value for Money (35%)

Programming  (25%)

Methodology (10%)

Schedules 1-8 (30%)

Rank

 

 

 

 

 

 

Adco Constructions

 

 

 

 

 

Barker Constructions

 

 

 

 

 

Buildcorp

Preferred

Preferred

Preferred

Preferred

Preferred

Hooker & Cockram

 

 

 

 

 

Kane Constructions

 

 

 

 

 

Thomas and Coffey

 

 

 

 

 

 


References and the financial viability of the recommended tenderer have been checked and are satisfactory.

 

Recommended Tenderer

 

The recommended tenderer is Buildcorp Interiors Pty Ltd.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

Jane  Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.