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Agenda

Ordinary Council Meeting

21 September 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 Council Chambers, Lower Ground Floor, 48 Longueville Road, Lane Cove on Monday 21 September 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 21 September 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.       Human Services Division Report No. 15

SUBJECT: Tender for Conversion of 47 Burns Bay Road, Lane Cove into Community Centre and Childcare Facility

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  and Tender details, should they be revealed, may result in commercial disadvantage to parties involved in the tender process.

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

 

public forum

 

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

 

 

CONFIRMATION OF MINUTES

 

2.      ORDINARY COUNCIL MEETING - 7 SEPTEMBER 2009

 

 

Notices of Rescission

 

3.       Notice of Rescission No. 4

SUBJECT: 19 Glenview St, Greenwich

 

Deferred Reports

 

4.       General Managers Report No. 14

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

 

 

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

SUBJECT: Operational Review of Village Express Shuttle Service

 

 

Orders Of The Day

 

6.       Order Of The Day No. 14

SUBJECT: Council & Committee Meeting Schedule- October 2009

 

7.       Order Of The Day No. 15

SUBJECT: Citizenship Ceremony - 14 October 2009

 

Notices of Motion

 

8.       Notice of Motion No. 9

SUBJECT: 19 Glenview St, Greenwich

 

General Managers Reports

 

9.       General Managers Report No. 22

SUBJECT: Aboriginal Heritage Program

 

Corporate Services Division Reports

 

10.     Corporate Services Division Report No. 45

SUBJECT: Procedures for Election of Mayor and Deputy Mayor and Councillor Representation on Council's Committees

 

11.     Corporate Services Division Report No. 42

SUBJECT: Legislative Changes to Freedom of Information Act 1987

 

Open Space and Urban Services Division Reports

 

12.     Open Space and Urban Services Division Report No. 50

SUBJECT: Draft Bush Fire Risk Management Plan

 

13.     Open Space and Urban Services Division Report No. 51

SUBJECT: Draft changes to Green Fees at Lane Cove Golf Course

 

Environmental Services Division Reports

 

14.     Environmental Services Division Report No. 278

SUBJECT: 34 Chisholm Street, Greenwich

 

15.     Environmental Services Division Report No. 281

SUBJECT: 330 Pacific Highway, Lane Cove

 

16.     Environmental Services Division Report No. 38

SUBJECT: Delegated Authority Report - August 2009

 


Human Services Division Reports

 

17.     Human Services Division Report No. 13

SUBJECT: SWITCH: Public Libraries in a Changing Environment Conference

 

18.     Human Services Division Report No. 16

SUBJECT: Tender for Conversion of 47 Burns Bay Road, Lane Cove into Community Centre and Childcare Facility  

 

QUESTIONS WITHOUT NOTICE

 

 

 

       


Ordinary Council Meeting 21 September 2009

 

Notice of Rescission No. 4

 

 

 

 

 

Reference:    Notice of Rescission No. 4

Subject:          19 Glenview St, Greenwich    

Record No:    DA08/278-01 - 37055/09

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

 

 

 

In the event that this Notice of Rescission No. 4 is carried the Councillors have submitted Notice of Motion No. 9 for consideration.

 

 

 

RECOMMENDATION

 

That the resolution of 7 September 2009 in relation to Environmental Services Report No. 60 - 19 Glenview Street, Greenwich 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 21 September 2009

 

General Managers Report No. 14

 

 

 

 

 

Reference:    General Managers Report No. 14

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

Ordinary Council at its meeting on 17 August 2009 resolved that the matter be referred to the next Ordinary Council Meeting to held on the 21 September 2009.   

Record No:    SU1460 - 23351/09

Author(s):       John Lee 

 

 

Executive Summary

 

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

 

Background

 

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

 

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

 

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

 

Property Information

 

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

 

It is noted that :-

 

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

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

 


The Proposal

 

The Proposal creates 3 piazza areas. 

 

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

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

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

 

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

 

Discussion

 

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

 

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

 

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

 

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

 

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

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

 

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

 

Ownership

 

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

 

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

 

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

 

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

 

Carparking

 

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

 

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

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

 

Staging

 

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

 

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

 

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

 

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

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

 

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

 


Impact on Woolworths Outdoor Seating Area

 

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

 

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

 

Construction

 

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

 

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

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

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

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

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

 

Design

 

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

 

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

 

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

 

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

 

Financial

 

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

 

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

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

 

·     Capital cost;

·     Income from sale of partial road closure;

·     Lease return;

·     Ongoing maintenance;

·     Future contributions from future stages;

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

·     How this project might align with Councils Management Plan.

 

Consultation

 

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

 

CONCLUSION

 

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

 

RECOMMENDATION

 

That Council:-

 

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

 

2.   Request the Proponents to:-

 

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

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

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

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

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

 

3.   Request the General Manager to:-

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

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

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

 

Peter Brown

General Manager

General Managers Unit

 

ATTACHMENTS:

AT‑1 View

AT1- Visual image of existing Area

1 Page

 

AT‑2 View

AT2 - The Proposal for a Piazza adjacent to Library Walk

5 Pages

 

AT‑3 View

AT3 -  Property Description

1 Page

 

AT‑4 View

AT4 - Preliminary Estimate of Cost

1 Page

 

AT‑5 View

AT5 - Examples of potential reconfiguration of North East Service Yard

2 Pages

 


Ordinary Council Meeting 21 September 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

Ordinary Council at its meeting on 17 August 2009 resolved that the matter be referred to the next Ordinary Council Meeting to held on the 21 September 2009.   

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 the more vulnerable 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. Detailed discussions, between Council Officers and Community Aid management, has resulted in an agreed in principal proposal for the provision of volunteer drivers and administration services by Community Aid.

 

It is also proposed that North Sydney Bus Charters be involved in discussions/investigations to provide a public transport service for the Lane Cove West 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 vehicle provided by Council. Detailed discussions, between Council Officers and Community Aid management, has resulted in an agreed in principal proposal for the provision of volunteer drivers and administration services by Community Aid for a Lane Cove community transport service.

 

This transport service will cater for the needs of vulnerable Lane Cove residents, providing an expanded transport service on that currently provided by the North Shore Shuttle Service (Village Express).

 

Discussions between Council and Community Aid have resulted in an agreed proposal for a community transport service. This proposal requires the endorsement of the Community Aid Board and Council. The proposal consists of the following detail:-

 

·     Hours of Operation

10.00 am – 2.00 pm: Monday to Friday 

 

·     Trip Booking System

The Community Aid Coordinator will be required to work 5 days per week. This is two more days per week than the current work hours of the coordinator. The coordinator will undertake the bookings for this service. For this purpose, the additional funding required by Council is $11,500 per annum.

 

·     Volunteer Drivers

Community Aid has advised that there will be a need for two (2) volunteer drivers per day. To allow for sickness, annual leave, etc there is a need for around 15 volunteer drivers to provide a reliable transport service. Community Aid has advised that the recruitment of the 15 volunteer drivers may take up to 2 months. A limited service will operate in the interim ‘ramp-up’ period.

 

·     Drop off/Pick-up

The residents using this service will be driven between their place of residence and the Lane Cove Town Centre. The car will be permanently parked at the Community Aid Centre.

 

·     Commencement Date

The commencement date will be as soon as the vehicle is purchased by Council. This is anticipated to be by 19 October 2009.

 

·     Gold Coin Donation

A gold coin donation would be requested to assist in covering some of the cost of the service.  

 

·     Transport Users

Council will draft user guidelines to make sure that the service is provided only to the residents who have a real need for transport and not for opportunistic users seeking a free transport service.

 

·     Insurance
Council will purchase a second hand vehicle at a cost of about $15,000. For insurance purposes, ownership will need to be transferred to Community Aid Pty Ltd. A contract arrangement will be entered into between Council and Community Aid in this respect, to ensure Council ends up with ownership at the vehicle’s end of life.

 

The proposed service will expand service on the Village Xpress, as it will be available to all qualifying residents within the Lane Cove LGA, not just those residing in the Lane Cove West area. By utilising the proposed volunteer driver system 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 vulnerable 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 to all residents through Rates notices, Council’s web page and local/regional media advertisements. A full communication 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 operating through to 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.  North Sydney Bus Charters will also be involved in future discussions with Lane Cove West Business Park stakeholders as required.

 

Further to this, 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 before and after work Shuttle Service to the new North Ryde (Macquarie Park) Train Station. This would dramatically ease parking demand in the Lane Cove West Business Park.

 

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

 


Communication Strategy

 

 

The strategy 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

 

 

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 23 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 users in Lane Cove.

 

2.   Council provide a vehicle for use by Lane Cove Community Aid. The vehicle will be transferred to Community Aid’s ownership and parked at the Community Aid premises. The insurance will be under Community Aid with Council contributing towards the Insurance premium.

 

3.   Council promote this additional community 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.

 

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

 

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 to the Lane Cove West Business Area. Future discussions to also involve representatives from the Lane Cove West Business Park, Lane Cove Chamber of Commerce and North Sydney Bus Charters.

 

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 21 September 2009

 

Order Of The Day No. 14

 

 

 

 

 

Reference:    Order Of The Day No. 14

Subject:          Council and Committee Meeting Schedule - October 2009    

Record No:    SU1915 - 35969/09

Author(s):       Kirsty Fleming 

 

 

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

 

 

October           6 (Tuesday)     Ordinary Council  

                                                Planning and Building Committee

                                                Services and Resources Committee

 

October           19                    Ordinary Council

                                                Planning and Building Committee

                                                Services and Resources Committee

 

October           31                    Inspection Committee

 

 

 

RECOMMENDATION

 

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

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 21 September 2009

 

Order Of The Day No. 15

 

 

 

 

 

Reference:    Order Of The Day No. 15

Subject:          Citizenship Ceremony - 14 October 2009    

Record No:    su28 - 36713/09

Author(s):       Anita  Holesgrove 

 

 

Executive Summary

 

A Citizenship Ceremony will be conducted in the Council Chamber on Wednesday 14th October 2009 commencing at 7:00pm.    A Councillor is required to attend the Ceremony and speak to the new Citizens about local government.

 

 

 

 

 

 

RECOMMENDATION

 

That a Councillor nominate to attend the Citizenship Ceremony of 14 October 2009 and speak to the new citizens about local government.

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 21 September 2009

 

Notice of Motion No. 9

 

 

 

 

 

Reference:    Notice of Motion No. 9

Subject:          19 Glenview St, Greenwich    

Record No:    DA08/278-01 - 37083/09

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

 

 

 

This Notice of Motion will only be considered if the Notice of Rescission No. 4 is carried.

 

 

RECOMMENDATION

 

That:-

 

1. Council solicitors be instructed to advise Council on the following;-

 

a)   Confirmation that existing use rights exist for the applicant having regard to existing planning instruments, laws and case studies.

b)   If existing use rights do exist for the applicant do any current planning instruments bear any relevance in council making this recommendation for approval?  If so, which ones and why?

c)   Given the applicant has indicated legal action against Council's previous decision please advise the likelihood of success of this action and estimated costs in defending this action.

 

2. That the matter be brought into closed committee to determine.

 

 

 

 

 

 

Councillor Ann  Smith

Councillor - Central Ward

 

 

 

Councillor David Brooks-Horn

Councillor

 

 

 

Councillor Scott Bennison

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 21 September 2009

 

General Managers Report No. 22

 

 

 

 

 

Reference:    General Managers Report No. 22

Subject:          Aboriginal Heritage Program    

Record No:    SU2020 - 34882/09

Author(s):       Peter Brown 

 

 

Executive Summary

 

This report recommends renewal of the successful Aboriginal Heritage program for a further 5 years.

 

Background

 

In 2000, North Sydney, Willoughby, Warringah and Lane Cove Councils jointly agreed to employ

an Aboriginal Heritage Manager. The agreement was for an initial five (5) years. In 2005 the agreement was renewed until March 2010.

 

Northern Sydney Councils have thus been working cooperatively together to effectively conserve and protect Aboriginal Heritage sites now for almost 10 years.

 

Discussion

 

During this period the Aboriginal Heritage Office has grown in resources and experience and provides valuable service to all participating Councils through its Manager, Mr David Watts.

 

The objective of the Program, as stated in the MOU (Memorandum of Understanding) is:-

 

“that the Aboriginal Heritage Manager will be employed to assist Lane Cove Council in the

effective conservation and protection of Aboriginal heritage sites within the Local Government

area”

 

In the time the program has been going, the following items are but some of the highlights:-

 

•    Preparing the Aboriginal Sites Management Report for all registered sites within Lane Cove LGA;

•    Giving advice to staff on the monitoring and protection of Aboriginal sites;

•    Training various Council staff, including Bush Regenerators, Gardeners and Planning staff;

•    Mapping the municipality showing the potential areas where unrecorded sites may be present;

•    Producing a series of brochures on Aboriginal Heritage, contributing to a number of

interpretative signs in parks and bushland highlighting the Aboriginal heritage of the area, and leading walks and giving talks on Aboriginal heritage.

 

During the time the program has been operating a number of other Councils have come on board including Ku-ring-gai, Pittwater and Manly Councils.   North Sydney Council have now written to Council (attached) noting the impending 10 year timeframe and asking Council if it intends to extend the arrangement for a further 5 years.

 

This program has been well received, operates very effectively and is a great example of regional cooperation.  This report recommends Council continue the program for a further 5 years.

 

 

 

 

RECOMMENDATION

 

That:-

 

1.         Council confirm that the Aboriginal Heritage Program be again renewed for a further 5 years from March 2010.

 

2.         The General Manager be delegated authority to finalise the Memorandum of Understanding to ensure same.

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1 View

Letter from North Sydney Council

1 Page

 

 

  


Ordinary Council Meeting 21 September 2009

 

Corporate Services Division Report No. 45

 

 

 

Reference:    Corporate Services Division Report No. 45

Subject:          Procedures for Election of Mayor and Deputy Mayor and Councillor Representation on Council's Committees    

Record No:    su868 - 34177/09

Author(s):       Ian Naylor 

 

 

Executive Summary

 

The purpose of this report is to outline the procedures involved for the election of the Mayor and Deputy Mayor and to give consideration to the representation of Councillors on Committees for the next 12 months.

Discussion

 

Election of Mayor and Deputy Mayor

Councillors have previously been provided nomination forms for the position of Mayor and Deputy Mayor for the next 12 months.  Nominations must be handed to the Returning Officer, Mr Craig Wrightson, Executive Manager – Corporate Services, prior to the commencement of the Council Meeting on 21 September 2009.  Clause 2, Schedule 7, of the Local Government (General) Regulation (2005) provides that nominations for Mayor and Deputy Mayor must be in writing signed by at least two Councillors, one of whom may be the nominee. The nominee must consent in writing to the nomination.   Clause 3 of the Regulation also provides that if more than one Councillor is nominated, the Council is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot (secret ballot) or by open voting. (Show of hands).

Councillor Representation on Committees

 

A list of the representation of Councillors on Committees as of September 2009 is shown below:-

 

Representation on Council Committees as at September 2009

 

1.         Services and Resources Committee

 

This Committee deals with the "service" activities and day to day management of resources of the Council, such as finance, traffic and legal services. The full Terms of Reference for the Committee are included in Council's Code of Meeting Practice. The Committee meets in the Committee Room in the Civic Centre on the first and third Mondays of each month at 8.00pm. The Committee requires a quorum of three (3) Councillors, one (1) from each ward.

 

Members: The Mayor — Councillor Longbottom, Ex Officio, Councillors Gaffney, Bennison, Mcilroy and Tudge.

 

2.         Planning and Building Committee

 

This Committee has authority to determine development applications as lodged with Council not dealt with under delegated authority by the General Manager. The full Terms of Reference for the Committee are included in Council's Code of Meeting Practice. The Committee meets in the Council Chambers on the first and third Mondays of each month at 8.00pm. The Committee requires a quorum of three (3) Councillors, one (1) from each ward.

Members: The Mayor — Councillor Longbottom, Ex Officio, Councillors Palmer, Forrest, Brooks-Horn and Smith.


 

3.         Inspection Committee

 

This Committee of the whole of Council carries out site inspections where it is considered Council should do so, with the majority of inspections being of development application proposals. The full Terms of Reference for the Committee are included in Council's Code of Meeting Practice. The Committee meets, unless otherwise determined, at 8.30am on the first Saturday of each month, in the Civic Centre carpark and then proceeds to inspection of the matters listed on the agenda. The Committee requires a quorum of five (5), with at least one (1) Councillor from each ward.

 

Members: All Councillors and appropriate staff as determined by the General Manager.

 

4.         Citizenship Awards Selection Committee

 

This Committee considers nominations for Council's Citizenship Awards and meets in February and March each year prior to the ceremony which is currently held in May. The Meetings are held in the Civic Centre at 5:30pm.

 

Members: The Mayor – Councillor Longbottom, Ex Officio, Councillors Smith, Palmer, Gaffney, Forrest, Brooks-Horn, and appropriate staff as determined by the General Manager and any available Councillors may also attend.

 

5.         Publications Editorial Task Force

 

This Committee provides input from a Councillor's perspective on the draft Quarterly Newsletter to the community, which is prepared by Council staff. The Committee meets on an as required basis in the Committee Room in the Civic Centre at 5pm prior to Council Meetings.

 

Members: The Mayor - Councillor Longbottom, Ex Officio, Councillors McIlroy, Bennison, and Smith and appropriate staff as determined by the General Manager.

 

Other Committees Involving Council Representation

 

6.         Awards Nomination Committee

 

This is a new Committee that meets as required to make decisions on nominations for Awards such as Australia Day and Rotary award ceremonies.

 

Members:  All Councillors and the General Manager or General Manager’s nominee.

 

7.         Bicycle Working Party

 

This Committee meets to consider the provision of bicycle facilities in Lane Cove. The Committee meets quarterly in the Committee Room in the Civic Centre at 6pm.

 

Members: Councillors Brooks-Horn, Palmer, Forrest and Bennison, and any available Councillors may also attend.

 

8.         Bushland Management Advisory Committee

 

This Committee provides advice to the General Manager on bushland management within Lane Cove. The Committee comprises three (3) Councillors, one from each Ward the Manager - Bushland, members of the Community and Representatives of the Lane Cove Bushland and Conservation Society. The Committee meets on 4th Wednesday of each month at 6:00pm in the Committee Room in the Civic Centre.

 

Members: Councillors Bennison with Smith as alternate, Forrest, Mcilroy and Tudge.

 

9.         Cameraygal Festival Committee

 

This Committee is the organising committee for the Cameraygal Festival. The Committee generally meets from February to August and also in November on 3rd Thursday of the month at 6pm.

 

Members: The Mayor - Councillor Longbottom, Ex Officio and Councillor Tudge and any available Councillors may also attend.

 

10.       Carisbrook Advisory Committee

 

This committee assists in the administration of Carisbrook House and meets every 6 weeks on Wednesdays at 9am in the Civic Centre.

 

Member:  Councillor Gaffney

 

11.       Central Ward Traffic Consultative Forum

 

This Working Party meets quarterly to consider traffic issues in Central Ward and to provide advice to Council on those matters. Representation is made up of residents from Central Ward. Central Ward Councillors attend the forum.

 

Members: The three (3) Central Ward Councillors - Councillors Bennison, Forrest, and Smith and the Manager - Traffic.

 

12.       Centrehouse Management Committee

 

Centrehouse is a not-for-profit community art and leisure centre offering leisure learning for the community, including various courses for children to adults and facilities for hire. The Management Committee meets the 1st Wednesday of each month at Centrehouse at 5.30pm.

 

Members: Councillors Bennison and Forrest.

 

13.       Chatswood South Cemetery Committee

 

This Committee meets annually on a Wednesday at 4.30pm to inspect the cemetery grounds and organise for any maintenance work to be undertaken. The Committee comprises of the Minister and two (2) parish members Church representatives, three (3) West Ward Councillors, Manager – Open Space and the Manager - Local History and Archives as Council's Archivist.

 

Members: The Mayor — Councillor Longbottom, Ex Officio and Councillors Gaffney and Mcilroy.

 

14.       Consultation Committee — Metropolitan Local Aboriginal Land Council (Metro) and Lane Cove Council

 

The purpose of the Committee is to co-ordinate any issues arising from the Agreement concerning Aboriginal land, working together to apply for funding and on joint ventures that foster reconciliation.

 

Members: The Mayor - Longbottom Ex Officio and Clr Bennison as an alternate and the General Manager.


 

15.       Councillor Peer Review Group

 

Council adopted as part of its Code of Conduct a Peer Review Group to assist in promoting the Code’s behavioural ideals and monitor council’s overall progress in achieving these ideals and provide feedback if necessary.

 

Members:  Councillors Smith and Palmer.

 

16.       Duntroon Avenue Community Liaison Committee

 

Council as part of its development consent resolved that the developer establish a community liaison committee, to facilitate information flow to the community regarding the development progress, issues and complaint that arise and solutions and remedies initiated. The Committee meets every second month on Thursdays at 6pm in the Committee Room.

 

Members:  Councillors Brooks-Horn, Palmer and Tudge.

 

17.       East Ward Traffic Consultative Forum

 

This Working Party meets quarterly to consider traffic issues in East Ward and to provide advice to Council on those matters. Representation is made up of residents from East Ward. East Ward Councillors attend the forum.

 

Members: The three (3) East Ward Councillors —Councillors Brooks-Horn, Palmer and Tudge, and the Manager - Traffic.

 

18.       Golf Course Advisory Committee

 

This committee meets to discuss the operation of the Lane Cove Golf Course and provide advice to the General Manager on improvements to the Golf Course.  The Committee meets bi-monthly on a Tuesday at 8am in the Country Club.

 

Members: Councillors Bennison, Gaffney and Tudge with Clr Palmer as alternate.

 

19.       Gore Hill Memorial Cemetery Trust

 

The Trust is appointed by the Minister for Lands and is responsible for the care, control and management of Gore Hill Cemetery at St Leonards.  Meets on the third Thursday of each month at 5:30pm.

 

Member: Councillor Gaffney.

 

20.       Kindy Cove Management Advisory Committee

 

This Committee provides advice to the Management of the Long Day Care Centre, from a parent and community perspective. The Committee meets on the 3rd Wednesday of every month at 7.00pm at Kindy Cove.

 

Member: Councillor Smith with Councillor Palmer as alternate.

 

21.       Lane Cove Access Committee

 

The Committee's objectives are to increase and promote general awareness of access, mobility and safety issues in the community and more specifically for people with disabilities and to provide advice on access to public amenities.  The Committee meets on the last Monday of every 2nd month at 10am.

 

Members: Councillor Mcilroy, appropriate Council Officers as determined by the General Manager, five (5) representatives of organisations and five (5) community representatives.

 

22.       Lane Cove Community Aid Board of Directors

 

Community Aid is an incorporated association which provides direct services to the elderly, disabled and their carers in Lane Cove. The Board meets on the 2nd Thursday of each month at 7:30pm at the Community Aid Centre.

 

Members: The Mayor - Councillor Longbottom, Ex Officio and Councillor Smith.

 

23.       Lane Cove Cultural Advisory Committee

 

This Committee assists in the formulation of cultural planning strategies and initiatives.  The Committee meets in the Training Room in the Civic Centre at 6pm, 4th Wednesday of the month. The meeting dates are set by the Committee.

 

Members: Councillor Tudge, Mcilroy, and Smith with Bennison as alternate, Council staff as designated by the General Manager and up to eight (8) members drawn from the community.

 

24.       Lane Cove Historical Society

 

The Society meets on the fourth Tuesday of each month at 7pm excepting November, December and January in the Cove Room at Council and provides a forum for the promotion and discussion of history in Lane Cove.

 

Members: The Mayor — Councillor Longbottom, Ex Officio, and Councillor Gaffney.

 

25.       Lane Cove Occasional Child Care Centre

 

This Committee considers management issues of the Child Care Centre. The Committee meets on the 1st Tuesday of each month at 7.30pm in the Centre.

 

Member: Councillor Palmer

 

26.       Lane Cove Retirement Units Association Ltd Board

 

The Association seeks to provide suitable accommodation for aged persons capable of independent living, and manages the land and buildings at Pottery Gardens to this end. Two (2) Councillors are required to be on the Board which meets bi-monthly on a Thursday at 6.45pm.

 

Members: Councillors Smith and Gaffney.

 

27.       Lane Cove Social Development Group

 

This committee assists in the development and ongoing monitoring of the Social Plan.  It provides a venue for community input into assessing strategies, actions and projects to meet community needs.   The committee meets quarterly on the second Wednesday of February, May, August and November in the Committee Room of the Civic Centre at 6.00pm.

 

Members: Councillors Forrest, Mcilroy and Tudge, three (3) community representatives and staff as determined by the General Manager.


 

28.       Lane Cove Sports Committee

 

This Committee was formed in 1978 to investigate and make recommendations to Council on matters relating to sport and sporting facilities within Lane Cove. The Committee comprises the Mayor as an ex-officio member of the Committee, Councillors and delegates of sporting clubs within Lane Cove. The Committee meets as required.

 

Members: The Mayor – Councillor Longbottom, Ex Officio, Councillors Brooks-Horn and Tudge and appropriate staff as determined by the General Manager.

 

29.       Lane Cove West Traffic Consultative Forum

 

This Working Party meets quarterly to consider traffic issues in West Ward and to provide advice to Council on those matters. Representation is made up of residents from West Ward. West Ward Councillors attend the forum.

 

Members: The three (3) West Ward Councillors — The Mayor — Councillor Longbottom, Ex Officio, Councillors Gaffney and Mcilroy, and the Manager - Traffic.

 

30.       Library Fit-out Committee

 

This Committee was formed in 2005 to assist with oversighting the fit-out of the Lane Cove Library and to ensure that the Council and community are kept informed as to progress. As the Library project is nearing completion, there is no need for this Committee to continue meeting. A special tour of the new Library will be held for the outgoing Committee.

 

31.       Local History Publications Committee

 

The Committee members consist of the Manager - Library Services, the Manager - Local History and Archives, at least one (1) Councillor and appropriate experts selected according to subject matter. The Committee helps to plan the publication of papers relevant to the history and development of areas as defined by the Local History Collection. The Committee meets on an as required basis at the Lane Cove Library, meets after hours as required.

 

Members: The Mayor – Councillor Longbottom, Ex Officio with Clr Palmer as an alternate and appropriate staff as determined by the General Manager.

 

32.       Marjorie Propsting Memorial Library Working Party

 

This Committee reports to, and liaises with, Council on matters affecting Library services at the Marjorie Propsting Memorial Library. The Committee comprises of the Manager - Library Services, one (1) member from Greenwich Library staff, three (3) members of the Greenwich Community Association, one (1) Representative of the Greenwich Kindergarten, one (1) member of the Greenwich Public School P&C Association and one (1) East Ward Councillor. Meets six monthly in the Greenwich Library on a Tuesday at 4pm.

 

Member: Councillor Palmer.

 

33.       Metro Pool Board

 

Metro Pool is made up of seven (7) Councils which self insure against Public Liability claims and purchase excess layers of insurance. The Board comprises of the General Managers and elected members of each member Council and has the responsibility of ratifying decisions made by the Management Committee and ensuring the ongoing viability of Metro Pool. The Board meets annually for its Annual General Meeting, normally at 10am at a host council.

 

Member: The Mayor - Councillor Longbottom.

 

34.       Northern Suburbs Regional Organisation of Councils - (NSROC)

 

NSROC is a voluntary group of seven (7) Northern Sydney Councils which exist to further the interests of its members and the communities they represent. The NSROC office is currently located at Lane Cove Council. NSROC's long term vision is for sustainable and involved communities having access to services and facilities which fulfil their needs. The member Councils achieve this through optimising resource sharing opportunities, effective and focused lobbying and integrated regional planning. Council is entitled to two (2) voting Councillors and the organisation meets quarterly at 6:00pm at a rotating venue.

 

Members: The Mayor – Councillor Longbottom with Councillor Brooks-Horn as an alternate and Councillor Smith with Councillor Forrest as an alternate.  Any Councillor is welcome to attend this committee meeting.

 

35.       Public Libraries NSW - Metropolitan Association(Inc.)

 

This is an Association of Library Managers from the Greater Sydney Metropolitan Area. The Association was established to ensure resource sharing programs, and for exchanging ideas. The Committee meets quarterly on a Friday at 10am at alternate venues.

 

Member: Councillor Gaffney and the Manager – Library Services.

 

36.       Shell Consultative Committee

 

This Committee is convened by Shell Australia and Council's Representatives include the Mayor, East Ward Councillors and the Manager - Assets. The Committee meets quarterly on a Wednesday at 7.00pm.

 

Members: The Mayor – Councillor Longbottom, Ex Officio, Councillors Palmer, Brooks-Horn and Tudge.

 

37.       Shorelink Committee

 

This Committee manages the Shorelink Library Network and was established in 1983. The Committee comprises five (5) Councillors; one (1) from Lane Cove, Manly, Mosman, North Sydney and Willoughby Councils and the Chief Librarian from each of the Councils. This Committee meets five (5) times a year, at 6:00pm, and rotates its venues between Councils.

 

Members: Councillor Gaffney.

 

38.       Sustainability Advisory Committee

 

This Committee assists Council in the formulation, prioritisation and implementation of strategies and initiatives to achieve sustainability as primarily set out in the Sustainability Action Plan. The committee meets on the 3rd Wednesday of August, October, November, February, March and June at 6pm in the Committee Room.

 

Members: Councillors Mcilroy, Forrest and Bennison.

 

39.       Willoughby/Ryde/Hunters Hill/Lane Cove District Bushfire Committee

 

This Committee was established to meet the requirements of the Rural Fires Act in minimising the impact of bushfires on the community. Its functions include approving priorities and locations for hazard reduction works. Representatives are from the four (4) Councils, National Parks and Wildlife Service, NSW Police Service, TollAust and NSW Fire Brigades. The Committee meets as required at the NSW Fire Brigades Regional Office in Artarmon.

 

Members:  The Mayor — Councillor Longbottom, Ex Officio with Forrest as an alternate and staff as determined by the General Manager.

 

 

RECOMMENDATION

 

That:-

 

1.         Council conduct the Election for Mayor and Deputy Mayor for the next 12 months.

 

2.         If more than two nominations are received for Mayor or Deputy Mayor, Council resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting.

 

3.         Consideration be given to Councillor Representation on Council Committees for the next 12 months.

 

4.         Council note that the Library Fit-Out Committee no longer requires to meet and the members of the committee be sent a letter of thanks for their valuable time and input.

 

5.         The Charter for the Awards Nomination Committee shown attached as AT 1 be endorsed.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

 

ATTACHMENTS:

AT‑1 View

Awards Nomination Committee Charter

1 Page

 

 

 

 


Ordinary Council Meeting 21 September 2009

 

Corporate Services Division Report No. 42

 

 

 

 

 

Reference:    Corporate Services Division Report No. 42

Subject:          Legislative Changes to Freedom of Information Act 1987    

Record No:    SU2298 - 30850/09

Author(s):       Ian  Naylor 

 

 

Executive Summary

 

The purpose of this report is to advise Council that the State Government have recently passed new legislation to replace the Freedom of Information Act 1987.  This new legislation also repeals Section 12 and 13 of the Local Government Act 1993 and requires councils to make specific documents available on their website.  The legislation also appoints an Information Commissioner to oversee the introduction of this new legislation.  It is recommended that this report be received and noted.

 

Background

 

In February this year the NSW Ombudsman released a review of the Freedom of Information Act 1989.  The Review by the Ombudsman contained 88 recommendations built around three key elements:-

 

·      a greater level of proactive disclosure of information;

·      the drafting of a new, clearly worded Act; and

·      the appointment of an independent Information Commissioner.

 

In response the Premier issued a statement stating that new legislation would be developed to overhaul the Freedom of Information Act.  In May this year, three draft bills were tabled in Parliament:-

 

·   Government Information (Public Access) Bill 2009;

·   Government Information (Information Commissioner) Bill 2009; and

·   Government Information (Public Access) (Consequential Amendments and Repeal) Bill 2009.

 

The bills were a response to the review by the Ombudsman and aim to remove current conflicts in legislation, to ensure greater access to government information and to set up an Information Commissioner.  The Premier issued a media release in May stating that these bills have been tabled in parliament and seeking public comment on the bills from government agencies and members of the public.

 

One of the major issues for local government over the past ten years has been the conflict between the Freedom of Information Act, privacy laws and Section 12(6) of the Local Government Act.  Section 12(6) requires councils to allow all of its documents to be available for public inspection with little regard for privacy, legal issues, or the reason for requesting the documents.  This section of the Local Government Act has caused many issues and its conflict with privacy legislation has resulted in actions being brought against councils in the Administrative Decisions Tribunal.  Council’s Manager – Governance made a submission on the draft bills and along with 18 other councils lobbying the State Government to repeal Section 12(6) of the Local Government Act and introduce new legislation that removes these conflicts.

 


Discussion

 

These bills were passed by the NSW Parliament and were assented to on 26 June 2009, however they will not commence until early 2010.  The State Government took on the views of councils regarding conflicting legislation and passed legislation that repeals Section 12 of the Local Government Act 1993, but in its place is a new Schedule that has more onerous requirements on councils to make information publicly available on its website.

 

Schedule 5 of the Government Information (Public Access) Act 2009 (GIPA ) requires the following documents to be made publicly available on Council’s website:-

 

·     Policies, reports, business papers and management plans;

·     Pecuniary Interest Returns;

·     Registers required by legislation;

·     Environmental Planning Instruments, development control plans and contribution plans;

·     Development Applications including the following documents;  home warranty insurance, occupation and construction certificates, town planner reports, submissions, heritage, tree inspection, acoustic and land contamination reports;

·     Approvals and Orders;

·     Leases and Licences of Public Land; and

·     Building Certificates.

 

In addition to this information, councils must also:-

 

·     Develop and Publish a Publications Guide within 6 months of the commencement of the GIPA Act, and reviewed annually, which details Council’s structure, functions and types of information held;

·     Record and publish on its website a log of all requests for information under the GIPA Act, where Council has provided information including the date of the application, the information provided and whether this information is now available on Council’s website; and

·     Record and publish on Council’s website a register of all contracts awarded with a value of $150,000 or more.

 

Information Commisssioner

 

The Premier has committed $3 million in funding to establish a new office of the Information Commissioner for the 2009/2010 financial year, with a minimum funding commitment of $4 million per annum going forward. 

 

The Privacy Commissioner, Judge Ken Taylor AM RFD, has been appointed as acting Information Commissioner from 17 July 2009 to begin the process of setting up the new office of Information Commissioner.  The appointment of a permanent Information Commissioner will be completed during 2009 with a view to having a permanent officeholder appointed upon commencement of the new legislation in early 2010.

 

In the meantime, the acting Information Commissioners role will be to lead the establishment of the new office to ensure that, when the permanent Information Commissioner is appointed and the new legislation becomes operational, an appropriate institutional framework will already be in place.

 

 

 


Implications for Councils

 

The new requirements of the GIPA Act will require additional information to be placed on Council’s website, additional registers to be created and maintained and some documents to be scanned into an electronic form so that they can be included on Council’s website.  These requirements will not be onerous for Lane Cove as we already have the systems in place to enable individual documents stored in our records system to be accessed through our website.   However, the requirements may be more onerous for other councils who do not already have these systems in place. 

 

The LGMA Governance Network has discussed this matter at length and has set up a working party to develop some guidelines and template documents for all NSW councils prior to the commencement of this legislation.  In addition, the Network is planning to make representations to the Acting Information Commissioner to suggest a staged introduction of these requirements as some councils may not be able to implement the above changes by the commencement of the legislation.

 

Benefits of the Introduction of Government Information (Public Access) Act 2009 (GIPA)

 

While, the new requirements may be onerous for some councils, the new requirements once implemented should reduce the number of information requests Council receives, as staff will be able to direct people to our website to access information.  These changes will also streamline the application process as all requests will now be under the GIPA Act.

 

Conclusion

 

Upon commencement of the new legislation in 2010, Council will be required to update its policies and forms on access to information, make available documents listed in Schedule 5 of the GIPA Act on its website, create the registers required by the GIPA Act and provide education and training for staff and members of the public on the application of this new legislation.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 21 September 2009

 

Open Space and Urban Services Division Report No. 50

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 50

Subject:          Draft Bush Fire Risk Management Plan    

Record No:    SU2213 - 36712/09

Author(s):       Susan  Butler 

 

 

Executive Summary

 

Lane Cove Council is a member of the Willoughby, Ryde, Hunters Hill and Lane Cove Bush Fire Management Committee (BFMC). The Committee prepared a draft Bush Fire Risk Management Plan (BFRMP) which was on public exhibition from 29 June to 10 August 2009.

 

Background

 

Council at its meeting of 15 June 2009 considered OSUS Divisional Report 29 and resolved:-

 

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

 

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

 

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

 

The process for preparing the Bush Fire Risk Management Plan has been set out in the Bush Fire Co-ordinating Committee – Policy No 1/2008. Following public exhibition, comments are received and then evaluated by the district Bush Fire Management Committee to determine whether there are any changes to be made to the draft Plan prior to its consideration by the Bush Fire Co-ordinating Committee.

 

Discussion

 

The plan was placed on public exhibition, on Council’s website, at the Civic Centre and libraries. Letters were sent to the residents associations and an advertisement was placed in the North Shore Times.

 

Comments were received from the Lane Cove Bushland and Conservation Society and the Bushland Management Advisory Committee. The comments from the Bushland and Conservation Society refer to consideration of small urban bushland areas within the overall framework set by the Bush Fire Co-ordinating Committee and the review of the Bush Fire Prone Land map scheduled for later this year rather than being done concurrently. The Bushland Management Advisory Committee made comment on some inconsistencies on the map, specifically in the legends. No other comments were received.

 

Conclusion

 

The comments received have been forwarded to the Willoughby, Ryde, Hunters Hill and Lane Cove Bush Fire Management Committee for amendment prior to it being sent for consideration and adoption by the Bush Fire Co-ordinating Committee.


 

RECOMMENDATION

 

That the information be received and noted.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 21 September 2009

 

Open Space and Urban Services Division Report No. 51

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 51

Subject:          Draft changes to Green Fees at Lane Cove Golf Course    

Record No:    su1274 - 36775/09

Author(s):       Susan  Butler 

 

 

Executive Summary

 

A new fee has been proposed to be charged for guests of Lane Cove Country Club members / visiting Pennant players playing in Block Booking times and visiting Pennant Players (seniors) playing in Friday’s Lady’s Pennant golf matches. These proposed changes have been on public exhibition from 5 August to 9 September 2009.

 

Discussion

 

A letter was sent to the Lane Cove Country Club (the Country Club) and the Lane Cove Golf Course Pro Shop. A public notification was prepared and hand delivered to the Country Club and Pro Shop for exhibition.

 

The only response received during the public exhibition period was from Scott Fisher, the Pro Shop lessee and Golf Manager. He asked for clarification of the number of guests that a member of the Country Club can invite to play at one time. Council staff recommend that there must be a playing member of the Country Club within each playing group of four.

 

No response was received from the Country Club within the exhibition period. However, a meeting will be held between Country Club representatives and the General Manager on Friday to discuss this issue. Results of the meeting will be tabled for Council’s consideration.

 

Conclusion

 

The new fee for guests of Lane Cove Country Club members / visiting Pennant players playing in Block Booking times and visiting Pennant Players (seniors) playing in Friday’s Lady’s Pennant golf matches is recommended for adoption.

 

 

RECOMMENDATION

 

That the 2009/10 Fees and Charges be amended to include new categories of Green Fees for guests of Lane Cove Country Club. The new fees are as :-

 

·     Members / visiting Pennant players playing in Block Booking times at $15.00 including GST;

·     Visiting Pennant Players (seniors) playing in Friday’s Lady’s Pennant golf matches at $14.40 including GST.

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

 There is no supporting documents for this report.

  


Ordinary Council Meeting 21 September 2009

 

Environmental Services Division Report No. 278

 

 

 

 

 

Reference:    Environmental Services Division Report No. 278

Subject:          34 Chisholm Street, Greenwich    

Record No:    da08/264 - 36360/09

Author(s):       Andrew Thomas 

 

 

 

EXECUTIVE SUMMARY:

 

After considering Environmental Services Divisional Report No. 86, for a Section 96 modification at 34 Chisholm St Greenwich (shown as AT-1), Council at its meeting of 7 September 2009 resolved:-

 

“That having regard to the site constraints and the ameliorating measures proposed by the applicant to reduce the impacts of privacy and overshadowing, the development as proposed is reasonable, accordingly the General Manager, prepare relevant draft conditions for consideration at the Council meeting of 21 September 2009”.

 

The following are amending draft conditions appropriate to the above resolution for Council’s consideration.  These draft conditions would be inserted into the original consent DA264/08, if approved.

 

 

RECOMMENDATION

 

Pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, the development consent D264/08 granted on 8 April 2009 for alterations and additions including the partial demolition of the dwelling house; additions on three levels; a swimming pool and front fence on 34 Chisholm Street Greenwich be amended in the following manner:-

 

A.         By amending condition 1 to read:

 

1.   (20) That the development be carried out strictly in accordance with drawing numbers: 

 

·     DA 04, Revision A dated 18.3.09

·     DA 05, 06 and 08, Revision B dated 30.4.09

·     DA 07, Revision C dated 11.6.09

·     DA 09 and 10, Revision C dated 17.6.09

·     DA 11, Revision D dated 30.4.09

·     DA 12 and 13, Revision E dated 17.6.09

 

by Tonkin Zulaikha Greer Architects, and

 

·     LP-DA-01, dated November 2008 and as amended up to 5.12.08 prepared by 360º except as amended by the following conditions:

 

B.         By amending condition 6 to read:

 

6.   The maximum ridge and balustrade height is not to exceed RL49.60.  All relevant plans submitted with the Construction Certificate are to confirm the maximum RL as 49.60.

 

 

 

C.        By imposing additional conditions:

 

6a. No shade or other structures are to be built or located on the roof terrace.

 

 

6b. No amplified music or similar entertainment is permitted on the roof terrace at any time.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Environmental Services Divisional Report No. 86

9 Pages

 

 

 


Ordinary Council Meeting 21 September 2009

 

Environmental Services Division Report No. 281

 

 

 

 

 

Reference:    Environmental Services Division Report No. 281

Subject:          330 Pacific Highway, Lane Cove    

Record No:    da09/12 - 36568/09

Author(s):       Kristy  Wellfare 

 

 

Property:                     330 Pacific Highway Lane Cove

 

DA No:                         DA09/12

 

Date Lodged:              5 June 2009 (Section 82A Review)

 

Cost of Work:              $200,000.00

 

Owner:                                    A G Low

 

Applicant:                    A Low and R Whitewood

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Option 1

Section 82A Review of DA09/12 which approved alterations and additions to an existing semi-detached dwelling, and the construction of a single vehicle garage addressing the rear lane.

Option 2

Section 82A Review of DA09/12 which approved alterations and additions to an existing semi-detached dwelling, and the construction of a double vehicle garage addressing the rear lane.

ZONE

Residential 2(a1)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

The proposal is permissible with the zone.

IS THE PROPERTY A HERITAGE ITEM?

The property is not 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 1a and 10a

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                   326, 328, 332, 334 Pacific Highway

3, 5 Haldane Crescent

Ward Councillors         East Ward

Progress Association   Osborne Park Progress Association

Other Interest Groups   Nil

 

REASON FOR REFERRAL:

 

At the Ordinary Council meeting of 7 September 2009, Council resolved that consideration of this [acceptance of the S82(a) request to delete condition 2(a), 2(b) and 2(c) of consent] with the Grevillia being maintained, be deferred and that a report be prepared for Council setting out appropriate conditions for approval of the application with the option of:-

(a)               a one car garage; and

(b)               a two car garage.

 

This report is referred to Council for its consideration in response to the above resolution.

 

EXECUTIVE SUMMARY:

 

§ This report is provided in response to the resolution of the Ordinary Council meeting of 7 September 2009, which required a report be prepared for Council setting out appropriate conditions for approval, with the Grevillia being maintained, of the application with the option of:-

(a)               a one car garage; and

(b)               a two car garage.

 

§ The matter has been considered in light of advice from Council’s Tree Assessment Officer and Development Engineer. It is advised that with either a single or double garage, the existing shrub could not be accommodated.

 

§ Provision of a single garage with an area of deep soil planting has been considered in this report, with draft conditions provided.

 

§ The draft conditions provided reflect that the deletion of conditions 2 a), 2 b), and 2 c) under the Section 82A Review have been accepted and provide for options that include a single car garage (Option 1) and a double car garage (Option 2).

 

REFERRALS:

 

Manager Parks

 

The resolution of the Ordinary Council meeting of 7 September was forwarded to Council’s Tree Assessment Officer for comment. In response to the resolution of Council, the following comments were provided:

 

 I have looked at the Plans and visited the site. This assessment considers the construction of a single car garage at the rear of the allotment with the Grevillea “Honey Gem” shrub located in the southwest corner of the allotment designated for retention.

 

Given the location of the Grevillea shrub in the corner of the allotment with existing retaining walls restricting growth on two sides, it would be expected that the root system has developed an asymmetrical shape. A root protection zone of not less than 3m from the trunk of the shrub would be required to prevent mechanical damage to the Grevillea. No soil disturbance would be allowed within the calculated 3m root protection zone.

 

Manager Urban Design and Assets

 

In response to the comments provided by the Tree Assessment Officer requiring a 3m Tree Protection Zone around the grevillea shrub in the event that a single garage being recommended for approval, the matter was also referred to Council’s Development Engineer for comment. Council’s Development Engineer has noted that if the existing shrub is to be retained, the driveway opening for the proposed undercover parking area would be reduced to 2.7 metres. This opening would not comply with AS2890.1, with a minimum opening of 3 metres required. The parking area, whether in the form of a one car garage or a two car garage, could not be supported if the Grevillea is to be retained.

 

 

CONSIDERATION OF THE RESOLUTION

 

Having regard to the resolution of Council on 7 September 2009, it is advised that with either a single or double garage, the existing shrub could not be accommodated. The provision of a single garage on the site provides an opportunity for the inclusion of an area of deep soil planting on the site, subject to the imposition of appropriate draft conditions.

 

Draft conditions have been prepared to enable the provision of a single garage (Option 1) while providing for deep soil planting on the site. These conditions reflect the intent of the Section 82A Review is accepted in the resolution of Council on 7 September 2009, and as such the conditions the subject of the Review have been amended and/or deleted accordingly in the recommendation of this report. Further, the draft conditions as recommended facilitates additional requirements including minimum dimension for deep soil planting, and a maximum level at which the landscaping could be installed.

 

Draft conditions to enable a double car garage are contained in Option 2.

 

 

RECOMMENDATION

 

Option 1 – Single Car Garage

 

That pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act, 1979, as amended the determination of development consent D12/2009 granted on 5 May 2009 for the additions to the existing semi-detached dwelling and associated single vehicle garage on lot 70 in Deposited Plan 11416 and known as 330 Pacific Highway Lane Cove is submitted to Council for review and determination, subject to the following conditions:

 

1.         (20) That the development be carried out strictly in accordance with the following drawings and supporting information, except as amended by the conditions hereunder.

 

Document

Prepared by

Number

Issue

Dated

Site plan

The Site Foreman

2048 DA02

A

15.12.2008

Lower ground floor and carpark plan

The Site Foreman

2048 DA04

A

27.11.2008

Ground floor plan

The Site Foreman

2048 DA05

A

27.11.2008

Roof plan

The Site Foreman

2048 DA06

A

27.11.2008

Building elevation

The Site Foreman

2048 DA07

A

27.11.2008

Building elevations

The Site Foreman

2048 DA08

A

27.11.2008

Building section

The Site Foreman

2048 DA09

A

27.11.2008

 

2.         Amended Plans are to be submitted incorporating the following amendments:

 

a)    (Deleted)

b)    (Deleted)

c)    (Deleted) 

d)    The lower ground floor level planter box above the garage structure shall have minimum internal soil area dimensions of 600mm depth x 800mm width extending across the entire structure.

e)         The screen planting within the planter box shall be maintained at a minimum height of 1.5m

f)     Privacy screening to a height of 1.7m shall be provided to the north-western side of the lower ground floor deck

g)    A single garage shall be provided to the rear of the site

 

h)    Deep soil planting shall be provided within the rear setback, adjacent to the approved garage. This deep soil planting area shall have a minimum dimension of 2m x 2m.

i)     Deep soil planting adjacent to the garage shall be installed at a level of no higher than RL 93.43.

 

The amendments are to be provided to the Certifier and endorsed as correct prior to the issue of a Construction Certificate.

 

Certification from a Registered Surveyor must be submitted to the Certifier confirming compliance with the maximum level of deep soil planting required by Condition 2 i) prior to the issue of the Occupation Certificate.

 

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

 

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

 

5.         (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.

 

6.         (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.

 

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

 

8.         A suitable replacement plant shall be provided in the southwestern corner of the site following the removal of the Grevillea, with the 5000L rainwater tank to be relocated as required. Planting must be undertaken prior to the issue of the Occupation Certificate.

 

9.         All works are shall be located wholly within the site, with all footings located within 900mm of the northwestern property boundary to be set out by a Registered Surveyor.

 

10.       (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.

 

11.       (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.

 

12.       (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.

 

13.       (46) Continuous balustrading is to be provided to all balconies, decks, terraces, landings and the like where more than 1 metre above the ground or floor surface beneath.  Such balustrading is to have a minimum height of 1 metre.  Openings in the balustrade must not allow a 125mm sphere to pass through and where the floor is more than 4 metres above the ground or floor surface below, any horizontal or near horizontal elements within the balustrade between 150mm and 760mm above the floor must not facilitate climbing.

 

14.       (47) Continuous balustrading is to be provided to all stairways and ramps where more than 1 metre or 5 risers above the ground or floor surface beneath.

 

The balustrade is to have a height of not less than 865mm above the nosings of the stair treads or the floor level of the ramp or landing and any opening does not permit a 125mm sphere to pass through it and for stairs, the sphere is tested above the nosings.

 

15.       (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.

 

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

 

17.       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.

 

18.       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;

 

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

 

20.       (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.

 

21.       (61)  All timbers complying with Timber Framing Code AS 1684-79.

 

22.       (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.

 

23.       (66) 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.

 

24.       (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.

 

25.       (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in—

            (i)         Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a Buildings (dwellings)

 

Smoke alarms must be installed in a Class 1a building on or near the ceiling in—

 

(a)        any storey containing bedrooms—

            (i)         between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

            (ii)        where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.

 

26.       (70) Protection of the dwelling against subterranean termites must be carried out in accordance with AS.3660.

 

27.       (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.

 

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

 

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

 

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

 

31.       (103)  Floor wastes connected to an approved sanitary fitting are to be provided to all bathrooms, laundries and w.c's.

 

32.       (122) All rooms being provided with light and ventilation in accordance with the requirements of the Building Code of Australia.

 

33.       (128)  Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan approved under this application.  These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

34.       (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.

 

35.       (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.

 

36.       (140) 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 lodgement of a new Development Application.

 

37.       (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.

 

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

 

ENGINEERING CONDITIONS

 

General Engineering Conditions

 

39.       (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.

 

40.       (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. 

 

41.       (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.

 

42.       (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.

 

43.       (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.

 

44.       (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.

 

45.       (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’.

 

46.       (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.

 

47.       Car parking. All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series. The plans shall contain the following details:

 

-     Sections showing the clearance to the underside of any overhead structure demonstrating compliance with the clearance provisions of AS2890.1.

 

47A      Services Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

 

Engineering Conditions to be Complied With Prior to Construction Certificate

 

48.       (S2) Stormwater requirement The stormwater runoff from the new and or altered 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

 

48A      Drainage plans amendments: The stormwater drainage plan 2048DA12A prepared by The Site Foreman dated 27/11/08 is to be amended to show the following:

-    the proposed grated drain along the Haldane Lane boundary needs to match the full width of the proposed driveway opening

-    the proposed rainwater tank adjacent the Pacific Highway boundary needs to drain the overflow by gravity to the receiving system

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

The amended design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.

The Principle Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate 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.

 

48B     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.

 

 

48C     Proposed Vehicular Crossing. The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. The driveway needs to be off set a minimum 0.500mm clear from the existing power pole.

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 Occupation Certificate

 

48D     Excavation greater than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

The applicant shall:-

§ seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties

§ detail what measures are to be taken to protect those properties from undermining  during construction

§ provide Council with a certificate from the engineer on the necessity and adequacy of  support for the adjoining properties

The above matters are to be completed and documentation submitted to principle certifying authority prior to the issue of the Construction Certificate

Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

All recommendations of the suitably qualified engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

49.       (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.

 

50.       (V2) Construction of Vehicular  Crossing: The vehicular crossing servicing the property shall be constructed prior to the issue of the Occupation Certificate. The 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 Occupation Certificate. Note: Finished floor levels for garages and carports are to be determined by council.

 

51.       (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 

 

Engineering Conditions to be Complied With Prior to Commencement of Construction

 

52.       (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

 

53.       (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. 

 

TREE PRESERVATION CONDITIONS

 

54.       (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.

 

55.       (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.

 

56.       (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.

 

57.       (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.

 

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

 

STREET TREES

 

59.       (316)  The applicant must obtain a Tree Preservation Order Work Authority before trimming any overhanging tree growing in the adjacent reserve/park/nature strip. The work must be done by a suitably qualified and experienced Arboriculturalist, and must be supervised by Councils Tree Assessment Officer, who is to be given at least 2 business days notice.

 

Option 2 – Double Car Garage

 

That pursuant to the provisions of Section 82A of the Environmental Planning and Assessment Act, 1979, as amended the determination of development consent D12/2009 granted on 5 May 2009 for the additions to the existing semi-detached dwelling and associated double vehicle garage on lot 70 in Deposited Plan 11416 and known as 330 Pacific Highway Lane Cove is submitted to Council for review and determination, subject to the following conditions:

 

1.         (20) That the development be carried out strictly in accordance with the following drawings and supporting information, except as amended by the conditions hereunder.

 

Document

Prepared by

Number

Issue

Dated

Site plan

The Site Foreman

2048 DA02

A

15.12.2008

Lower ground floor and carpark plan

The Site Foreman

2048 DA04

A

27.11.2008

Ground floor plan

The Site Foreman

2048 DA05

A

27.11.2008

Roof plan

The Site Foreman

2048 DA06

A

27.11.2008

Building elevation

The Site Foreman

2048 DA07

A

27.11.2008

Building elevations

The Site Foreman

2048 DA08

A

27.11.2008

Building section

The Site Foreman

2048 DA09

A

27.11.2008

 

2.         Amended Plans are to be submitted incorporating the following amendments:

 

a)    (Deleted)

b)    (Deleted)

c)    (Deleted) 

d)    The lower ground floor level planter box above the garage structure shall have minimum internal soil area dimensions of 600mm depth x 800mm width extending across the entire structure.

e)    The screen planting within the planter box shall be maintained at a minimum height of 1.5m

f)     Privacy screening to a height of 1.7m shall be provided to the north-western side of the lower ground floor deck

g)    A double garage shall be provided to the rear of the site

 

The amendments are to be provided to the Certifier and endorsed as correct prior to the issue of a Construction Certificate.

 

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

 

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

 

5.         (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.

 

6.         (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.

 

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

 

8.         (deleted)

 

9.         All works are shall be located wholly within the site, with all footings located within 900mm of the northwestern property boundary to be set out by a Registered Surveyor.

 

10.       (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.

 

11.       (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.

 

12.       (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.

 

13.       (46) Continuous balustrading is to be provided to all balconies, decks, terraces, landings and the like where more than 1 metre above the ground or floor surface beneath.  Such balustrading is to have a minimum height of 1 metre.  Openings in the balustrade must not allow a 125mm sphere to pass through and where the floor is more than 4 metres above the ground or floor surface below, any horizontal or near horizontal elements within the balustrade between 150mm and 760mm above the floor must not facilitate climbing.

 

14.       (47) Continuous balustrading is to be provided to all stairways and ramps where more than 1 metre or 5 risers above the ground or floor surface beneath.

 

The balustrade is to have a height of not less than 865mm above the nosings of the stair treads or the floor level of the ramp or landing and any opening does not permit a 125mm sphere to pass through it and for stairs, the sphere is tested above the nosings.

 

 

15.       (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.

 

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

 

17.       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.

 

18.       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;

 

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

 

20.       (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.

 

21.       (61)  All timbers complying with Timber Framing Code AS 1684-79.

 

22.       (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.

 

23.       (66) 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.

 

24.       (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:-

 

 

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

 

(6)        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.

 

(7)        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.

 

(8)        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.

 

25.       (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

 

            This requirement is satisfied by:-

 

(a)        Smoke alarms installed in—

            (i)         Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

 

Location – Class 1a Buildings (dwellings)

 

Smoke alarms must be installed in a Class 1a building on or near the ceiling in—

 

(a)        any storey containing bedrooms—

            (i)         between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

            (ii)        where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.

 

 

26.       (70) Protection of the dwelling against subterranean termites must be carried out in accordance with AS.3660.

 

27.       (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.

 

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

 

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

 

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

 

31.       (103)  Floor wastes connected to an approved sanitary fitting are to be provided to all bathrooms, laundries and w.c's.

 

32.       (122) All rooms being provided with light and ventilation in accordance with the requirements of the Building Code of Australia.

 

33.       (128)  Submission of documentation detailing the destination of materials in accordance with the Waste Management Plan approved under this application.  These details are required PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

34.       (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.

 

35.       (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.

 

36.       (140) 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 lodgement of a new Development Application.

 

37.       (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.

 

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

 

ENGINEERING CONDITIONS

 

General Engineering Conditions

 

39.       (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.

 

40.       (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. 

 

41.       (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.

 

42.       (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.

 

43.       (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.

 

44.       (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.

 

45.       (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’.

 

46.       (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

 

47.       Car parking. All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series. The plans shall contain the following details:

 

-     Sections showing the clearance to the underside of any overhead structure demonstrating compliance with the clearance provisions of AS2890.1.

 

47A      Services Prior to any excavation works, the location and depth of all services must be ascertained. All costs associated with adjustment of the public utility will be borne by the applicant.

 

Engineering Conditions to be Complied With Prior to Construction Certificate

 

48.       (S2) Stormwater requirement The stormwater runoff from the new and or altered 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

 

48A      Drainage plans amendments: The stormwater drainage plan 2048DA12A prepared by The Site Foreman dated 27/11/08 is to be amended to show the following:

-    the proposed grated drain along the Haldane Lane boundary needs to match the full width of the proposed driveway opening

-    the proposed rainwater tank adjacent the Pacific Highway boundary needs to drain the overflow by gravity to the receiving system

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

The amended design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.

The Principle Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate 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.

 

48B     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.

 

48C     Proposed Vehicular Crossing. The proposed vehicular crossing shall be constructed to the specifications and levels issued by Council. The driveway needs to be off set a minimum 0.500mm clear from the existing power pole.

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 Occupation Certificate

 

48D     Excavation greater than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

The applicant shall:-

§ seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties

§ detail what measures are to be taken to protect those properties from undermining  during construction

§ provide Council with a certificate from the engineer on the necessity and adequacy of  support for the adjoining properties

The above matters are to be completed and documentation submitted to principle certifying authority prior to the issue of the Construction Certificate

Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

All recommendations of the suitably qualified engineer are to be carried out during the course of excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

 

49.       (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.

 

50.       (V2) Construction of Vehicular  Crossing: The vehicular crossing servicing the property shall be constructed prior to the issue of the Occupation Certificate. The 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 Occupation Certificate. Note: Finished floor levels for garages and carports are to be determined by council.

 

51.       (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 

 

Engineering Conditions to be Complied With Prior to Commencement of Construction

 

52.       (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

 

53.       (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. 

 

TREE PRESERVATION CONDITIONS

 

54.       (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.

 

55.       (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.

 

56.       (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.

 

57.       (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.

 

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

 

STREET TREES

 

59.       (316)  The applicant must obtain a Tree Preservation Order Work Authority before trimming any overhanging tree growing in the adjacent reserve/park/nature strip. The work must be done by a suitably qualified and experienced Arboriculturalist, and must be supervised by Councils Tree Assessment Officer, who is to be given at least 2 business days notice.

 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 21 September 2009

 

Environmental Services Division Report No. 38

 

 

 

 

 

Reference:    Environmental Services Division Report No. 38

Subject:          Delegated Authority Report - August 2009    

Record No:    SU1863 - 36590/09

Author(s):       Michael Mason 

 

 

Executive Summary

 

During the month of August 2009 a total of 33 Development Applications were determined under delegation by staff and one by Council.  In addition five Construction Certificates and 16 Privately Certified Construction Certificates were issued.  There were six Privately Certified Complying Developments.

 

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Applications determined for August 2009

5 Pages

 

 

  


Ordinary Council Meeting 21 September 2009

 

Human Services Division Report No. 13

 

 

 

 

 

Reference:    Human Services Division Report No. 13

Subject:          SWITCH: Public Libraries in a Changing Environment Conference    

Record No:    SU2122 - 34054/09

Author(s):       Jennifer Bice 

 

 

Executive Summary

Public Libraries NSW – Metropolitan Association (PLM) and Public Libraries NSW – Country Association (PLC) are holding their inaugural joint Conference & Exhibition at the SMC Conference and Function Centre, Sydney, Sunday 22 November 2009 -Tuesday 24 November 2009.

Public Libraries NSW – Metropolitan is an Association of Council Libraries from the greater Sydney area.  The Association was established to facilitate resource-sharing programs, such as the Inter Library Loan van and as a forum for the exchange of ideas and promotion of public libraries. Public Libraries NSW – Country fulfils a similar role for Council Libraries in rural and regional NSW. The two Associations are planning to increase collaboration to further Library development and planning in NSW. Traditionally, the two Associations have held separate Conferences, but as part of working together more cooperatively, the Associations have decided to host joint conferences in alternate years.

The inaugural joint Conference will be hosted by the Public Libraries NSW Metropolitan Association. The conference theme is SWITCH: Public Libraries in a Changing Environment. The  "S" in SWITCH stands for sustainability.  The Conference will examine the role that public libraries play in economic, social, cultural and environmental sustainability. 

Councillor Win Gaffney is currently the Council representative for the PLM and has attended all of the quarterly meetings of the Association since her appointment by Council. She was Vice-President of PLM November 2007- November 2008 and has been President since November 2008. As President of PLM Councillor Gaffney is expected to have a prominent role in the Conference program

 

It would be appropriate for Councillor Win Gaffney, as President of Public Libraries NSW – Metropolitan Association (PLM) to attend the Conference as Council’s delegate.

 

The cost will be $420 per delegate early bird registration for Conference attendance.  The Manager, Library Services will also be attending the Conference.

 

 

RECOMMENDATION

 

That Councillor Win Gaffney be endorsed to attend the Public Libraries NSW Conference, SWITCH: Public Libraries in a Changing Environment to be held at SMC, Sydney 22 November – 24 November 2009.

 

 

 

Jane  Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 21 September 2009

 

Human Services Division Report No. 16

 

 

 

 

 

Reference:    Human Services Division Report No. 16

Subject:          Tender for Conversion of 47 Burns Bay Road, Lane Cove into Community Centre and Childcare Facility   

Record No:    su3807 - 36743/09

Author(s):       Donald  Gibson 

 

 

Executive Summary

 

Council acquired the former Lane Cove Police Station and the site has been identified as the location for a temporary community centre and child care centre to house the services currently based at Meeting House, 25 - 27 Stokes Street, Lane Cove while that property is being redeveloped.  This report makes recommendations for the appointment of a contractor to carry out the conversion.

 

Discussion

 

Scope of Work

 

The project is to convert the previous Lane Cove Police Station to meet all requirements to be used as a child care centre with additional office space and a small meeting room.  The value of the contract is in the range of $250,000 - $350,000.00.

 

Tender Process

 

Council is required under the Local Government Act 1993 to invite tenders for this work. The process has been carried out in accordance with Council’s Tender and Quotation Procedure. Council advertised the Tender in the Sydney Morning Herald on Tuesday 11 August and in the North Shore Times on Friday 14 August, 2009. A site inspection was held on Tuesday 18 August. Tenders closed at 2.00 p.m. on Friday 4 September, 2009. By the closing time for tenders, 14 tender bids were received.

 

Tenders were evaluated by a panel consisting of:-

 

Donald Gibson - Manager - Facilities, Ian Naylor - Manager – Governance and Jane Dillon - Architect, Dillon and Savage Architects.  Jane prepared the designs for the conversion and assisted in preparing the Development Application.

 

The panel assessed each tender on the first three criteria as advertised in the tender documents. The top scoring tenderer was then assessed for the remaining criteria (Financial Capability and Reference Check).


 

Company

Price

Work

Program

Methodology

 

Financial Capability

Referee Check

Avant Constructions

Preferred

Equal Preferred

Equal Preferred

Very Strong

Satisfactory

Sullivans Constructions

 

Equal Preferred

Equal Preferred

 

 

W Eggerking & Co

 

 

Equal Preferred

 

 

Bilas Knight

 

Equal Preferred

Equal Preferred

 

 

Intrec

 

 

Equal Preferred

 

 

Maison

 

Equal Preferred

 

 

 

Bluechip

 

 

Equal Preferred

 

 

Quantrum

 

 

Equal Preferred

 

 

Isis

 

Equal Preferred

Equal Preferred

 

 

Bos Construction

 

 

 

 

 

Uniport

 

Equal Preferred

Equal Preferred

 

 

Ethcorp

 

 

 

 

 

Profile

 

 

Equal Preferred

 

 

Aranac

 

 

Equal Preferred

 

 

 

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

 

Recommended Tenderer

 

The recommended tenderer is Avant Construction Pty Ltd.

 

 

RECOMMENDATION

 

That:- 

 

1.   The tender from Avant Constructions Pty Ltd for the conversion of 47 Burns Bay Road to a child care and community centre be accepted.

 

2.   The General Manager be authorised to enter into a contract with Avant Constructions Pty Ltd.

 

Jane  Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.