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Agenda

Ordinary Council Meeting

16 November 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 16 November 2009 commencing at 7:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Win Gaffney. 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 16 November 2009

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

public forum

 

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

 

 

CONFIRMATION OF MINUTES

 

1.      ORDINARY COUNCIL MEETING - 2 NOVEMBER 2009

 

 

Deferred Reports

 

2.       Notice of Motion No. 10

SUBJECT: Lloyd Rees Bandstand

 

Orders Of The Day

 

3.       Order Of The Day No. 17

SUBJECT: Council and Committee Meeting Schedule

 

Notices of Motion

 

4.       Notice of Motion No. 12

SUBJECT: Greenwich Fox Eradication Program

 

General Managers Reports

 

5.       General Managers Report No. 29

SUBJECT: Council's Ability to Consider Notice of Motion No. 10 and Councillors Authority to Act

 

6.       General Managers Report No. 31

SUBJECT: Lane Cove Market Square Status Report

 

Corporate Services Division Reports

 

7.       Corporate Services Division Report No. 57

SUBJECT: 1st Quarter Review of the 2009 - 2012 Management Plan

 

8.       Corporate Services Division Report No. 59

SUBJECT: Council's Annual Report 2008 - 2009

 

9.       Corporate Services Division Report No. 60

SUBJECT: Lane Cove Access and Services Map

 

10.     Corporate Services Division Report No. 61

SUBJECT: 1st Quarter Review of the 2009 - 2010 Budget.......................... 19

 

11.     Corporate Services Division Report No. 62

SUBJECT: Appointment of Internal Audit Committee Members.............. 21

 

12.     Corporate Services Division Report No. 64

SUBJECT: Integrated Planning and Reporting Framework- Implementation Timetable..................................................................................................................... 23

 

Open Space and Urban Services Division Reports

 

13.     Open Space and Urban Services Division Report No. 57

SUBJECT: Reconstruction of 17th Green..................................................... 24

 

14.     Open Space and Urban Services Division Report No. 58

SUBJECT: Lane Cove Town Centre - Proposed 40km/hour Speed Limit 26

 

Environmental Services Division Reports

 

15.     Environmental Services Division Report No. 361

SUBJECT: 4 Church Street, Greenwich - S96 Modification of Consent 2

 

16.     Environmental Services Division Report No. 45

SUBJECT: Access to Private Roadways for Council's Waste Contractors......................................................................................................................................... 32

 

17.     Environmental Services Division Report No. 48

SUBJECT: Delegated Authority Report - October 2009........................... 35

 

18.     Environmental Services Division Report No. 46

SUBJECT: Shopping Trolley Management....................................................... 36

 

Human Services Division Reports

 

19.     Human Services Division Report No. 20

SUBJECT: Library Fitout Progress Report No 1........................................ 40  

 

 

 

 

             


Ordinary Council Meeting 16 November 2009

 

Notice of Motion No. 10

 

 

 

 

 

Reference:    Notice of Motion No. 10

Subject:          Lloyd Rees Bandstand

Ordinary Council at its meeting on 19 October 2009 resolved that the matter be referred to the next Ordinary Council Meeting to held on the 16 November 2009.   

Record No:    SU3821 - 40938/09

Author(s):       Councillor Shauna Forrest 

 

 

 

Background

 

A letter has been received from the National Trust concerning the Lloyd Rees Bandstand and Lane Cove Plaza (attached).

 

 

RECOMMENDATION

 

That:-

 

1.         Council receive and note the National Trust of Australia (NSW) Classification Report, correspondence and listing card (‘The Report’), that classifies and includes The Lloyd Rees Bandstand and the Lane Cove Plaza- Lane Cove on the Register of the National Trust of Australia (NSW).

 

2.         Note and recognise the importance of the roles played by artist Lloyd Rees and landscape architect Harry Howard in the significance and classification of these items.

 

3.         Include the National Trust of Australia (NSW) Classification Report and listing card for The Lloyd Rees Bandstand and the Lane Cove Plaza- Lane Cove as a background document attached with the consultants report as part of the Lane Cove Heritage Review Report 2009 to come before Council and request the General Manager to provide a copy of the full Classification Report to the consultants engaged in the Review.

 

4.         A reference to the Report be included as part of the Master Plan for the Town Centre and all Council strategies, plans and documents where the Lane Cove Plaza is associated.

 

5.         A hard copy of the National Trust of Australia (NSW) Classification Report, correspondence and listing card be sent to all Lane Cove Art societies and organizations, Heritage, Historical and Conservation societies, Local Studies Library and Lane Cove Library, all local Band organisations that use the Bandstand and Lane Cove Alive and The Chamber of Commerce.

 

6.         A full copy of the Report should be included as an attachment to the Art Strategy, Public Domain Masterplan and also sent to Lloyd Rees and Harry Howard’s relations (where possible) and members of the current Bandstand Working Party and appropriate former members of Council staff associated with the initial Plaza and Bandstand construction including Bruce Stuckey and Jack Hartman.  

 

7.         Council plan a public celebration of the Classification with the wider community and associations and individuals listed in Points 5 and 6.

 

8.         Council include an item about the Classification in the next Council Newsletter.

 

 

 

 

 

Councillor Shauna Forrest

Councillor

 

 

ATTACHMENTS:

AT‑1 View

Letter to Councillor Forrest

1 Page

 

AT‑2 View

Letter from National Trust of Australia

18 Pages

 

 

  


Ordinary Council Meeting 16 November 2009

 

Order Of The Day No. 17

 

 

 

 

 

Reference:    Order Of The Day No. 17

Subject:          Council and Committee Meeting Schedule    

Record No:    SU3532 - 45115/09

Author(s):       Kirsty Fleming 

 

 

 

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

 

 

December       5          Inspection Committee

 

December       7          Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

December       21        Ordinary Council

                                    Planning and Building Committee

                                    Services and Resources Committee

 

 

 

 

RECOMMENDATION

 

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

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 16 November 2009

 

Notice of Motion No. 12

 

 

 

 

 

Reference:    Notice of Motion No. 12

Subject:          Greenwich Fox Eradication Program    

Record No:    SU722 - 44929/09

Author(s):       Councillor Ian  Longbottom 

 

 

Background

 

I have been alerted to the fact that foxes are attacking, maiming, and killing hens and other wildlife on the peninsula and that residents want action now!

 

Apparently the foxes are coming in to eat the dog and cat food left out for domestic animals and killing native and other wildlife whilst there.

 

 

RECOMMENDATION

 

I move:-

 

The General Manager conduct an investigation into the fox menace that is evident on the Greenwich Peninsula and put into place an eradication program forthwith in conjunction with National Parks and Wildlife.

 

 

 

 

 

 

Councillor Ian  Longbottom

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 16 November 2009

 

General Managers Report No. 29

 

 

 

 

 

Reference:    General Managers Report No. 29

Subject:          Council's Ability to Consider Notice of Motion No. 10 and Councillors Authority to Act    

Record No:    SU3821 - 43620/09

Author(s):       Peter Brown 

 

 

Background

 

At the Ordinary Council meeting of 19 October 2009 Notice of Motion No. 10 put forward by Councillor Shauna Forrest regarding the Lloyd Rees Bandstand was deferred in order for “the General Manager to report on whether the Notice of Motion should be before Council and to consider whether Councillor Forrest has acted outside her authority.

 

Discussion

 

In reviewing this matter there are a number of questions to consider.

 

i)          What is a Councillor’s legal role firstly as a member of a governing body and secondly as an elected representative?

 

ii)         When is it appropriate to use the designation or title of Councillor?

 

iii)         Is there an issue with either the wording of Notice of Motion No. 10 and can Council consider it?

 

iv)        Lastly, was assistance provided by staff in preparing the submission to the National Trust?

 

Expert legal advice has been obtained to assist Council in its determination of this matter and this has been distributed separately to Councillors.

 

The key points are as follows:

 

1.   The Local Government Act 1993 (NSW) sets out the role of a councillor at S232 where a distinction is made between the role of a Councillor as a member of a governing body and that of a Councillor as an elected person.  That is, it sets out a distinction between the collegiate role of the Council body and that of an elected representative’s role, for example, to advocate on behalf of a resident in regard to an individual problem the resident may be experiencing.

 

2.   With respect to an individual Councillor making a submission to a body such as the National Trust using the title of Councillor, it is clear that without a resolution of Council or similar authority requesting the individual Councillor to do so on behalf of Council that such a Councillor would be acting in a private capacity and not on behalf of Council.  For that reason it is inappropriate to use the title Councillor in such circumstances.

 

The position of Councillor is an often demanding, time consuming and difficult task (and more so for new Councillors).  It is one that demands of individuals the need to analyse, research and consider a range of possible outcomes across a very wide cross section of topic areas in order to make sound determinations for the benefit of the community.

 

The current Council has now been in place for just over 12 months with the majority of Councillors having only been elected at the September 2008 election.

 

Whilst each Council election brings a new range of views, experiences, skills and abilities to Council that assists it to move forward in a way that appropriately reflects the community’s current priorities, it needs also to be said that the local government environment can be a quite specialised and complex one and one in which it is not difficult to make some initial mistakes.

 

In this instance Councillor Forrest has made a mistake in using the term Councillor in a private submission and further caution needs to be exercised in future in this regard.

 

The National Trust has now written to Council (6 November 2009) wishing to allay any concerns surrounding the independence and authorisation of their report. (Attached).

 

The National Trust stresses that whilst the nomination for listing was submitted by Ms Forrest it was subsequently referred to the Historic Buildings Technical Committee for assessment.  The matter was then considered exhaustively by heritage specialists and significant amendments were made to the original nomination.

 

The National Trust has subsequently removed all references to Ms Shauna Forrest as Councillor for Lane Cove at her request and has deleted Ms Forrest as co-author from the report to prevent any confusion regarding authorship of the Classification Listing report.

 

3.   The wording of the motion itself (NoM10) is in order and the Councillor is able to move the said motion and it is within the power and jurisdiction of Council to consider the matter.  Consequently, the motion is once again before Council for consideration.

 

4.   Lastly, the matter of whether or not there was any staff assistance in the preparation of the submission to the National Trust has been looked at.

 

Councillor Forrest was given no further information on the Lloyd Rees Bandstand by Council staff than that which would normally be provided to any other member of the community.  No Council staff were involved in the preparation of the submission to the National Trust.

 

Conclusions

 

1.   It was inappropriate for Councillor Forrest to use the designation Councillor in her private submission to the National Trust.

 

2.   At the request of Councillor Forrest the National Trust has removed any reference to her as co-author or as a Councillor for Lane Cove Council.

 

3.   It is totally within the power of Council to consider Notice of Motion No.10 on its merits.

 

RECOMMENDATION

 

That Council receive and note this report.

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1 View

Lloyd Rees Bandstand and Lane Cove Plaza Listing Report

17 Pages

 

 

 


Ordinary Council Meeting 16 November 2009

 

General Managers Report No. 31

 

 

 

 

 

Reference:    General Managers Report No. 31

Subject:          Lane Cove Market Square Status Report    

Record No:    su1460 - 44767/09

Author(s):       John Lee 

 

 

Executive Summary

 

This status report updates on all outstanding matters and any other matters which have been concluded by agreement with Woolworths.

The report also considers similar matters relating to the Library and its fit-out.  A separate status report by the Executive Manager Human Services is included on the agenda.

 

Deed

 

The Mayor Councillor Win Gaffney along with Councillors Palmer, Bennison, Brooks-Horn, Forrest, and Tudge attended a Session on Tuesday 10 November 2009 with Christopher Conolly of Maddocks Lawyers and the Director Major Projects, John Lee in respect of the Varied Development Deed. 

 

Outstanding Matters - Woolworths

 

Agreement has now been reached on details of easement documentation to be lodged with LPI for registration.  The creation of an easement over a downstream private property will be bonded by Woolworths with Council progressing acquisition of the easement.

 

Woolworths have now agreed to include Council’s assessment of cost apportionment of shared facilities, pending a determination by an independent Expert.  Barry Tozer of Tozer and Associates is accepted by both parties as a suitable Expert in this matter.

 

Minor modifications to the exit layout, as recommended by the Traffic committee have now been agreed to for implementation before the opening date.

 

Councillors will be given an update prior to the meeting on the Stratum Plan, Building Management Statement and S88B instrument which were not finalised at the date of this report being written.

 

Outstanding Matters – Library Shell

 

Whilst practical completion of the Library has been achieved and Buildcorp Interiors have taken possession, Doug McMillan as Independent Certifier has not yet certified that the Library Shell works are complete as there are a number of minor matters still to complete.

 

Commencement of Trading

 

Woolworths have advised that they intend to open the Supermarket and most of the retail tenancies as of 26 November 2009.  It will be up to Woolworths to have satisfied their Private Certifier that they have met all preconditions for an interim occupation certificate to be issued on or before 26 November 2009. 

 

 

RECOMMENDATION

 

That Council receive and note this report.

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 16 November 2009

 

Corporate Services Division Report No. 57

 

 

 

 

 

Reference:    Corporate Services Division Report No. 57

Subject:          1st Quarter Review of the 2009 - 2012 Management Plan    

Record No:    SU238 - 41817/09

Author(s):       Crystal Cudilla   

 

 

Executive Summary

 

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

 

Discussion

 

This report discusses the highlights of the First Quarter in 2009-2010 and provides a detailed analysis of the Fourth Quarter progress against the performance measurements adopted by Council in the 2009-2012 Management Plan, shown attached as AT 1.  A continuing feature of the review is, where applicable, a cumulative year-to-date figure is provided for performance measures. 

 

Some of the highlights for the quarter include:-

 

·     Council providing 2,392 local native plants for Schools Tree Day (July 2009)

·     Cameraygal Festival 2009 launched in the Plaza (August 2009)

·     Underbelly television series filming in Lane Cove (September 2009)

·     Reopening of Tambourine Bay Rowing Shed (August 2009)

·     Council participates in regional Rubbish Free Lunch Challenge (August 2009)

·     Teddy Bears picnic storytelling at Lane Cove Library (September 2009)

·     Free Composting & Worm Farming Workshop held for residents (September 2009)

·     Lane Cove’s Draft Comprehensive Development Control Plan (CDCP) public exhibition closed and analysis of submissions commenced (August 2009)

·     Installation of upgraded playground at Stringybark Reserve complete (August 2009)

·     Public exhibition of Landscape Concept Plans for the upgrade of the Mowbray Road shopping precinct (August 2009)

 

 

RECOMMENDATION

 

That the First Quarter Review of the 2009-2012 Management Plan be received and noted.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

1st Quarter Review of 2009 - 2012 Management Plan

21 Pages

 

 

 


Ordinary Council Meeting 16 November 2009

 

Corporate Services Division Report No. 59

 

 

 

 

Reference:    Corporate Services Division Report No. 59

Subject:          Council's Annual Report 2008 - 2009    

Record No:    su245 - 42199/09

Author(s):       Ian  Naylor 

 

 

Executive Summary

 

The Local Government Act requires each council to prepare an annual report on its activities for the previous financial year i.e. 2008/2009 within 5 months on the end of the financial year. It has been produced and is submitted for adoption by Council.

 

Discussion

 

A Draft Annual Report for 2008/2009 covers all of the matters listed in the Local Government Act to be addressed, in particular the financial details covered by the audited financial report. This document has been attached electronically and circulated to Councillors separately.

 

Highlights for the year included:-

 

·     Local Government Elections were held on 13 September 2008. Three members of the previous Council, Cr Tom Lawson, Cr Kay Freedman and Cr Joe Hassarti decided not to stand again for election. Of those that stood again, four were returned – Cr Ian Longbottom (elected Mayor by Council for 12 months on 7 October 2008), Cr Ann Smith (elected Deputy Mayor by Council on 7 October 2008), Cr Win Gaffney and Cr Rod Tudge. New faces elected to Council were Cr Scott Bennison, Cr David Brookes-Horn, Cr Shauna Forrest, Cr Keith Mcilroy and Cr Pam Palmer.

 

·     In March 2009, Council launched the first Autumn Harmony Festival. The festival saw over 65 events in Lane Cove to its conclusion in August, incorporating Harmony Day, “YOU + ME = Lane Cove” and community information. Many local organisations were involved in running events from Plaza placemaking events, local Guringai Festival events and activities aimed at seniors and youth.

 

·     The 2008 Cameraygal Festival, the largest cultural event in Lane Cove, was celebrated with the theme “Cameraygal: Speaking Your Language”.  The festival featured over 70 events including a number of cultural diversity events associated with the “YOU + ME = Lane Cove” project, funded by the Department of Immigration and Citizenship.

 

·     Council held a Community Grants presentation to over 30 community organisations who received grants amounting to over $490,000 - the most generous local government program on the North Shore. Council continues to operate a substantial financial assistance grants program which provides support to community based organisations providing services in Lane Cove.

 

·     Kaleidoscope, Council’s annual cultural diversity festival took place in September. Residents participating in a national and cultural fashion parade and enjoyed special cultural performances.

 

·     Council held a Public Art Strategy presentation facilitated by a public art consultant. The response was overwhelmingly favourable and work was undertaken to develop a Public Art Policy.  In June 2009, Council put its Draft Public Art Master Plan on public exhibition seeking feedback from the community. The consultation will continue until October 2009.

 

·     Council honoured individuals, community groups, and local businesses at its Citizenship Awards 2008 to acknowledge the contributions made by high achievers in the local community. The Lane Cove Citizen of the Year 2008 was presented to Dr Joy Warren and Guy Warren OAM.

 

·     Synergy Youth Centre recorded 4,530 visits from young people over the past year and Council’s Youth Website www.lanecoveyouth.com.au continues to be a great way to provide information to young people with a record 16,584 visits during the year.

 

·     This year saw the first issue of ‘The Lane Cove Connection Newsletter’ sent to seniors living in Lane Cove. The newsletter provides information about activities, events and areas of interest to seniors in the local area.

 

·     In 2008/2009 Lane Cove Libraries had 312,367 visits, and loaned 15.33 items per capita.  Since 2001/02 Lane Cove Library has been the busiest library per capita in NSW. Since March 2008, Lane Cove Library has been operating from two premises, which has been difficult for the users of the service. Library staff continued to plan for the Library extension – renewing services and collections and assessing new trends in Library Services.

 

·     In July 2008, the Library oversaw the organising of a travelling exhibition of artworks from Lane Cove Council’s Municipal Art Collection to our sister city, Gunnedah. The works were displayed for one month in the Gunnedah Creative Arts Gallery. The Library also arranged for Local Studies Specialist, Lavinia Foote Morid to deliver a talk on the history of art in Lane Cove.

 

·     The Lane Cove Girl Guide Hall was officially reopened in 2008. The original hall was destroyed by an arson attack in May 2006. The new hall, located in Blackman Park, is based on the original design, with further improvements such as using brick and incorporating additional office/storage space. There are rain water tanks to harvest water from the roof which are used for the toilets.

 

·     The Recreation Plan and the Playground Strategy were adopted in December 2008. The Recreation Plan is an action plan to address the current and future recreation needs of the Lane Cove community. The Playground Strategy sits under the Recreation Plan, providing the details for these specific areas, and outlines playground design and management guidelines.

 

·     In May 2009, the Draft Blackman Park Masterplan and Plan of Management were publicly exhibited so that the community could have their say on the plans.  In response to consultation results, the Masterplan and Plan of Management were amended and adopted by Council.

 

·     The Lane Cove ALIVE Leadership Group operates as an independent organisation to work on the revitalisation of the Lane Cove village precinct. An important achievement over this past year was the Lane Cove Village Structure Plan. This was initiated by Lane Cove ALIVE and was then developed by Council and urban planning and design experts, City Plan Services. The Plan sets out a long-term vision for how the village centre should evolve over future decades.

 

·     The York’s Corner Shopping Precinct Upgrade at the corner of Hamilton Street and Tambourine Bay Road, Riverview was completed by Council in June 2009. Street furniture and accessible parking was installed at the precinct. The upgrade has emphasised the local identity of York’s Corner and has improved amenity for residents as well as enlivening this central hub. 

 

·     The second year of delivering projects funded by the Sustainability Levy was a busy one, allowing Council to consolidate ongoing programs and launch new exciting initiatives.  In good numbers, residents attended the various sustainability events conducted throughout the year such asWaste and recycling tours, and a popular Green Building and Renovating talk with expert Michael Mobbs.

 

·     In October 2008 Council’s annual environment expo Sustainability Lane was run for a second year. Thousands of visitors enjoyed informative and fun sustainability activities such as the Recycling Olympics and wildlife show for kids.

 

·     Council undertook a project in its largest sub-catchment to improve water flow to Stringybark Creek and the Lane Cove River. Funded by Council, the project involved weed and sediment removal and rock armouring a section of badly silted creek bank to reduce stream erosion and localised flooding.

 

·     The Backyard Habitat Program continued growing from strength to strength. Over 150 residents joined the program with 70 one-on-one consultations taking place. The program was Highly Commended in the Biodiversity Conservation Award category at the Keep Australia Beautiful Sustainable Cities Awards.

 

·     Bushcare has had another successful year, with community support at an all time high. The program now has a total of 240 registered members across 18 Bushcare groups and the Community Nursery. Together, they have volunteered 3,897 hours this year in bush regeneration and propagation activities. This equates to approximately $78,000 worth of work!

 

·     Council adopted its five year Waste Strategy for Lane Cove. The strategy sets out a list of key recommendations over different categories. Council also launched a Recycling Pod on World Environment Day in June 2009 that was created and designed by Council staff. 

 

·     The Lane Cove Market Square Development commenced in early 2008 and has continued throughout the period of 2008-09.

 

Conclusion

 

The Annual Report has been prepared to meet the requirements of the Local Government Act. Upon adoption of the Report, a copy will be forwarded to the Minister as required by the Act and will be publicly accessible via Council’s website, http://www.lanecove.nsw.gov.au.

 

RECOMMENDATION

 

That:-

 

1.         Council adopt the Draft Annual Report for 2008/2009;

 

            2.         The Report be forwarded to the Minister for Local Government; and

 

            3.         The report be made available on Council’s website.

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

ATTACHMENTS:

AT‑1 View

Draft Annual Report

Circulated Seperately

 

 

 


Ordinary Council Meeting 16 November 2009

 

Corporate Services Division Report No. 60

 

 

 

 

 

Reference:    Corporate Services Division Report No. 60

Subject:          Lane Cove Access and Services Map    

Record No:    SU3532 - 44169/09

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

This report outlines a proposal to introduce an Access and Services Map, to coincide with the Market Square development opening. The Lane Cove Access Committee, Lane Cove Alive, and the Chamber of Commerce have been developing the map which will provide visitors to the village a broader understanding of all the services available within the village. It is recommended that Council produce the map in A3 brochure format, display boards and on Council’s website at a cost of $75,000. 

 

Background

 

Council at it’s meeting of 7 September 2009 considered Notice of Motion No. 8 - Access Map for Lane Cove Town Centre and resolved that:-

 

“the matter be deferred and that the General Manager liaise with the Lane Cove Chamber of Commerce in relation to a Village Map incorporating the Access Map and Retail Directory  and a report be submitted to Council.”

 

Discussion

 

Council staff have been liaising with the Lane Cove Access Committee, Lane Cove Alive, the Chamber of Commerce, in relation to the production of an Access and Services map.  Council in  2003 received an NRMA grant to produce a scooter access map, however with the advent of the Market Square development the Access committee wished the map to be updated having regard to the changes to the village.  At the same time Lane Cove Alive and the Chamber of Commerce identified that with the opening of the Market Square development there would be a need for visitors to the village to have a broader understanding of all the services available within the village.  Following Council’s resolution in September, work begun on incorporating both the access map and the services directory within the same map. The idea of the services directory was to include existing services within the village and also those within the new Market Square development.

 

Staff have now developed a draft map which is included as Attachment 1.  This draft map builds upon the previous scooter map by providing updates to that map, and introduces a services directory which also indicates whether each individual service is accessible.  This will provide assistance to the community by allowing for pre planning of visits to the various services within the village. Consultation on the format has been undertaken with the Access Committee, Lane Cove Chamber of Commerce and Lane Cove ALIVE.

 

At this stage it is proposed to introduce the map in an A3 brochure format to be distributed to all households (along with a map for the Market Square Development), on the Council’s website and also in a display/notice board format.  The production, printing and distribution of the map to all Lane Cove households has been costed at $9,000. The brochure, at the request of the Access Committee, will also include a more detailed plan of the Market Square Development, with a series on access hints to assist visitors to the site.

 

The display boards would be located at the entry points to the Lane Cove Village, and also within the foyer of each level of the Market Square carpark. The signs to be located at the entry points are proposed to be in a style in keeping with the arcade directories and have been costed at approximately $15,000/sign, $60,000 for the four required (Longueville Road adjacent to the Civic Centre, Cnr Austin and Longueville, adjacent to Len Wallis and at the entry to the Plaza from Rosenthal Avenue Carpark).  The signs to located within the Market Square development would be of a more simple design, these have been costed at $1000/board, $3000 for the three required.   It is anticipated that the maps on the directory boards and on the website will be updated quarterly. The Chamber of Commerce will be responsible for updating the services information and Council the other information. It will cost approximately $1000 per quarter to update these maps including the prints for the display boards.

 

The overall budget for the project is therefore estimated at approximately $75,000.

 

In order to offset the cost of this initiative, expressions of interests were sought from advertising companies in relation to the provision of advertising signs within the Market Square Carpark.  These internal signs will be predominately located adjacent to entry points on each level within the carpark.  At this stage the overall income from this source is expected to be in excess of $15,000/annum.

 

The sources of funding for the $75,000 required for this project have been identified as follows:-

 

1.   New unbudgeted revenue from advertising within the Market Square Carpark - $7,000 (prorata $15,000).

 

2.   $15,000 is available from the Sustainability Levy.  The project is considered suitable for funding under the levy as it will assist in equity of access to the Village by ensuring persons who have a mobility limitation can best access the facilities and services available. The flow-on effects will include increased patronage to shop keepers increasing the economic viability of the centre and ultimately a reduction in greenhouse gas emissions if more people shop locally.

 

3.   $14,000 is available under the Federal Government’s Economic Stimulus Plan, this can be utilised for one display board. The Federal Government have announced a second round of funding under this program for the current financial year, Council will receive $180,000. It is suggested $39,000 of this funding be used utilised for this project.

 

Conclusion

 

The production of an Access and Services Map will ensure visitors to the village to have a broader understanding of all the services available. The production of the map in brochure form and in display on noticeboard located around the village will ensure the information is widely available.

 

 

RECOMMENDATION

 

That Council proceed with the production and distribution of an Access and Services Map as outlined in this report.

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Draft Access Map

1 Page

 

 


Ordinary Council Meeting 16 November 2009

 

Corporate Services Division Report No. 61

 

 

 

 

 

Reference:    Corporate Services Division Report No. 61

Subject:          1st Quarter Review of the 2009 - 2010 Budget    

Record No:    SU3532 - 44176/09

Author(s):       Craig Wrightson  

 

 

Executive Summary

 

The First Quarter Budget Review involves a variety of variations in both income and expenditure. It is recommended that the Budget be varied in terms of the report.

 

Background

 

Council is required to prepare a Budget Review Statement each quarter, in accordance with Clause 7 of the Local Government (Financial Management) Regulation 1999. This report is prepared in accordance with the clause for the period ended 30 September 2009.  The purpose of these reviews is to ensure that the impact of financial variation is reflected in the forecast of Council’s global budgetary position to 30 June 2010, and the adopted Budget adjusted accordingly.

 

Discussion

 

The following is a summary of Council’s adopted Budget for 2009 - 2010 and proposed following the adjustments included in this report:

 

 

Original Budget

Adjustment

Revised Budget

Expense from Ordinary Activity

$29,995,523

$567,954

$30,563,477

Revenue from Ordinary Activity

$29,891,309

$514,240

$30,405,549

Surplus/- Deficit

(104,214)

(53,714)

(157,928)

Capital Grants & Contributions

$2,428,353

(180,000)

$2,248,353

Surplus/- Deficit

$2,324,139

(233,714)

$2,090,425

 

The review includes provision for unspent grants and Sustainability Levy Projects carried forward from last years budget of $118,062, various adjustments to depreciation for Roads Infrastructure, Stormwater Drainage, Footpaths and Office Equipment in line with last years actuals and consequent revised forecasts for 2009/10 offset by increases in Rates and DWM income of $93,000 resulting from split valuation assessments. The DLEP also required Council to undertake a study of potential contaminated sites, this has fully exhausted the Consultants vote for strategic Planning, it is therefore proposed to transfer $25,000 from the Development Control, consultants vote, this will have no net effect on the budget. 

 

An additional $50,000 (Capital Budget) is requested for the completion of the Northwood Ferry Shelter and its surrounds. The $100,000 Federal Government Grant that had been provided for the project accounted for the rehabilitation of the existing structure without the need for structural foundation work or work on the drainage. In the undertaking of the work, it was identified that additional underpinning of the shelter was required and that an old drainage line ran under the building. A fig tree's root system had invaded this drainage pipe and resulted in the need for additional work in this respect. These works had not been budgeted for in the original estimates, and as such, Council is requested to vote the additional funds required to successfully complete the Northwood Ferry Shelter upgrade.

 

A further $60,000 (Capital Budget) is required to complete the implementation of Council’s new Asset Management System. Asset Data collection (currently 75% completed), System Implementation and training were not completed in the last year which resulted in a saving in last years budget.

 

$40,000 (Capital Budget) is also required to complete the Majorie York Playground. Council has budget $75,000 in the current year for this project, however, as there was a delay in the completion and payment of the Stringybark Creek Playground upgrade, this project has been funded from the current years budget. The delay resulted in an equivalent saving in last years budget.

 

Overall the revised operating deficit is $157,928 (or 0.52% of Total Operating Expenses)- a net increase of $53,714 on the original Operating Budget deficit of $104,214.

 

The following table outlines the proposed aggregate changes to program areas in the budget which contributes to the above, it combines changes to the Operating and Capital budgets.

 

Prog No.

Program

Variation

1.10

Administration

(29,286)

3.1

Administration – Org Dev

25,000

4.2.1

Civic Centre

(15,000)

5.10

Public Libraries

(15,000)

5.30

Community Centres

14,892

5.6

Swimming Pools

(26,360)

5.7.3

Bushland

41,544

8.2

Roads

255,000

8.4

Footpaths

45,000

9.5

Urban Stormwater Drainage

140,000

10.10

General Purpose Revenue

(458,594)

13.10

Sustainability Levy Projects

76,518

 

Net Budget Variation - Deficit

53,714

 

Statutory Report

 

In accordance with Clause 7(2) of the Local Government (Financial Management) Regulation 1999, I Craig Wrightson, Responsible Accounting Officer hereby certify that the Council’s financial position is satisfactory having regard to the original estimates of income and expenditure.

 

 

RECOMMENDATION

 

That the 2009 - 2010 Budget be varied in terms of this report.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

1st Quarter Budget Review, Income Statement, and Balance Sheet

3 Pages

 

 


Ordinary Council Meeting 16 November 2009

 

Corporate Services Division Report No. 62

 

 

 

 

 

Reference:    Corporate Services Division Report No. 62

Subject:          Appointment of Internal Audit Committee Members    

Record No:    SU3532 - 44402/09

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

The recruitment process for the appointment of two representatives to Council’s Internal Audit Committee has been completed. It is recommended Mark Shum and Denise Kesbah be appointed to the Committee.

 

 

Background

 

Council at it’s meeting of 6 April 2009 considered General Managers Report 9 in relation to the establishment of an Internal Audit Committee and resolved that:-

 

“1.        Council establish an Audit Committee.

 

2.         Councillor Bennison be the Councillor representative on the Committee with Councillor Smith as alternate.

 

3.         Expressions of Interest be called for up to two independent representatives on the Audit Committee (dependent on success of discussions with neighbouring councils regarding one member)

 

4.         An amount of $25,000 be included in the 2009/2010 Budget for internal audit, such audit to be undertaken on a collaborative basis.

 

5.         The General Manager be authorised to appoint an Internal Auditor on the basis of up to 5 days per month.

 

6.         The Audit Committee when established be authorised to develop both an internal audit charter and audit committee for consideration by Council and authorise an internal audit workplan.”

 

Discussion

 

Subsequent to Council’s resolution, the NSROC group of Councils advertised for the appointment of auditing staff to be based at Willoughby City Council and also placed a joint advertisement for the recruitment of independent representatives on the Audit Committee for each council.  An information pack was developed, consistent with all the other NSROC Councils which provided for two applicants to be appointed to the Internal Audit Committee. 

 

At the closing date Council had received six (6) applications for appointment to the committee. The General Manager and Executive Manager – Corporate Services conducted interviews with all of the applicants on Monday 12th October 2009 and, following appropriate referee checks, recommends the appointment of Mark Shum and Denise Kesbah.  A separate memorandum containing the relevant merits of each of the applicants has been circulated separately to Councillors. 

 

Following the appointment of these members Council’s previous resolution provided for the Audit Committee to develop both an internal audit charter and audit workplan for the internal audit functions of council.  It is envisaged that following the first meeting of the Audit Committee a further report will be submitted to Council formalising the Committees’ Charter early in 2011.

 

 

RECOMMENDATION

 

That:-

 

1.   Council appoint Mark Shum and Denise Kesbah to Council’s Internal Audit Committee until the end of Council’s term in September 2012; and

 

2.   A further report be submitted following the first meeting of the Audit Committee confirming the Audit Committees charter

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Information Pack Expressions of Interest for an Independent Representative on Internal Audit Committee.

4 Pages

 

 

 


Ordinary Council Meeting 16 November 2009

 

Corporate Services Division Report No. 64

 

 

 

 

 

Reference:    Corporate Services Division Report No. 64

Subject:          Integrated Planning and Reporting Framework- Implementation Timetable    

Record No:    SU240 - 45067/09

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

Council is asked to nominate a timeframe for full implementation of the Integrated Planning and Reporting Framework. It is recommended that Council nominate June 2011 for full implementation of the framework.

 

Background

 

Council at its meeting of 1 June 2009 considered, Corporate Services Division Report No. 31, Draft Legislation, Manual and Guidelines for Integrated Planning and Reporting Framework and revolved in part:-

 

“2.          A further report be provided to Council once the legislation has been passed and the final guidelines and manual are released.”

 

Discussion

 

The Local Government (Planning and Reporting) Amendment Act 2009 was assented to on 9 October 2009. The Amendment Act includes transitional provisions to enable councils to select when they will commence under the new Integrated Planning and Reporting framework, provided it is implemented by June 2012. The Department has written to all councils requesting advice on the intended timeframe of implementation, being June 2010, June 2011 or June 2012.

 

Councillors would be aware that consultation has commenced on the development of Councils long term Community Strategic Plan through the Lane Cove Listens project.  This document is one of the key documents under the new Integrated Planning and Reporting Framework. It is Council’s intention to complete this document by June 2010.

 

With the release of more detailed information as to the contents of the other key documents, including the Asset Management Plan, Financial Plan, and Workforce Plan by the Department of Local Government, it has now become evident that these other key documents will also require considerable work.  Accordingly, it is proposed to advise the Department that Council will achieve full implementation by June 2011.  This in no way disadvantages Council or the community, as Council’s existing planning framework will continue to operate in the interim. 

 

 

RECOMMENDATION

 

That Council advise the Department of Local Government that it will achieve full implementation of the Integrated Planning and Reporting Framework by June 2011.

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.


Ordinary Council Meeting 16 November 2009

 

Open Space and Urban Services Division Report No. 57

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 57

Subject:          Reconstruction of 17th Green    

Record No:    su2932 - 44962/09

Author(s):       Susan  Butler 

 

 

Executive Summary

 

The design for the rebuilding of the 17th green at Lane Cove Golf Course prepared by Mark Parker Golf Pty Ltd has been on public exhibition for 6 weeks, along with a staff prepared work plan for the vegetation management of the bushland area adjacent.

 

The community feedback provided in the public exhibition period is varied with respect to the bushland, but common in not objecting to proceeding with reconstruction of the 17th green as per the Mark Parker Golf Pty Ltd proposal.

 

It is recommended that Council commence the process of reconstructing the 17th green as per the Mark Parker Golf Pty Ltd proposal. It is also suggested that an on-site meeting be arranged to allow all interested parties to inspect the adjacent bushland with Councillors.

 

Background

 

A design for the rebuilding of the 17th green at Lane Cove Golf Course was prepared by Mark Parker Golf Pty Ltd to address the problems caused by poor construction, incorrect grass variety, heavy shade and poor air movement. The design included a recommendation for the clearing of the understorey vegetation in the adjacent bushland reserve in order to provide increased light and air circulation and improve golf play.

 

Council staff developed a plan for the management of the bushland areas that would help achieve improvements in light and air movement without disturbing or destabilising the bushland.

 

These plans were presented to Council at its meeting on 7 September 2009 and then were placed on public exhibition for 6 weeks in order to measure community reaction to the proposal to clear bushland vegetation adjacent to the 17th green.

 

The proposed plans were placed on Council’s website, an advertisement was placed in the North Shore Times, letters were sent to the adjacent households, the Lane Cove Country Club, the Osborne Park Residents Association, the Lane Cove Bushland and Conservation Society and Elma and Ray Kearney. The matter was also discussed at Council’s Golf Course Management Advisory Committee (GCMAC) and Bushland Management Advisory Committee (BMAC).

 

Discussion

 

Following the public exhibition, nineteen (19) responses were received on the proposal. A summary table of these comments is provided as Attachment 1.

 

Mark Parker Golf Pty Ltd provided the following comments, inter-alia, to the staff proposed work plan:

 

“The complete removal of the understorey would provide the best results agronomically. Some form of low vegetation would not prevent a golf green from providing an adequate surface. The success of the recommendations would be determined by its interpretation and implementation. Terms such as cull provide scope for allowing more vegetation than is desirable. Experience has shown that even with the best of intentions of these types of vegetation plans, rarely do they provide the long term success that is ultimately desired. In the presence of adequate moisture these types of environments eventually produce a forest. Recommendations are strongly influenced by the thoughts of providing an extremely manageable plan that could be implemented in the field by most staff members

 

However, as previously advised by Council staff, the complete removal of the understorey vegetation as per Mark Parker’s recommendation is not considered acceptable for a number of reasons. Firstly, vegetation management cannot be considered only from the perspective of the green, but must also consider the other land uses. The extent of clearing of the bushland vegetation should be no more than is required to improve light and air flow, whilst retaining good land management practices. This includes the need for stable ground especially in the watercourse and on the steep slopes. The bushland vegetation also provides protection for bush walkers and neighbours and adds to the privacy and quiet enjoyment for the neighbours. This is evidenced from feedback from the community as part of the consultation process.

 

It is considered that the focus of the work should be on the construction of the green and the grass type, as proposed in Mark Parker’s earlier report. The recommendations for a new soil profile and more careful grass selection requires implementation. Some modifications have been made to the staff proposed work plan (Attachment 2) to clarify the vegetation management and performance outcomes specifying height of the understorey vegetation.

 

The costs of the work are still to be determined as quotes for the construction of the green have not yet been obtained. Consequently, the cost of staff time at full overhead recovery rates has not been calculated yet. Council has budgeted approximately $50,000 for the reconstruction of the 17th green in this financial year. Staff will endeavour to maintain this budget. A further report will be tabled for Council once the full extent of costs are known.

 

Conclusion

 

The design prepared by Mark Parker for the rebuilding of the 17th green be implemented, so long as it is within the budget provided.

 

To provide Councillors with a full appreciation of the 17th green bushland surrounds, it is proposed that an on-site meeting be conducted as part of the next Inspection Committee, to be held on 5 December 2009. All interested parties that have provided comment will be invited to attend and address the Councillors.

 

RECOMMENDATION

 

1.         That Council proceed with calling for quotations to undertake the reconstruction of the 17th green in accordance with the design prepared by Mark Parker golf Pty Ltd.

 

2.         That an on-site meeting to discuss the vegetation management plan for the bushland adjacent to the 17th green be conducted as part of the next Inspection Committee, to be held on 5 December 2009.

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

Summary of Comments Regarding 17th Green Plans Following Public Exhibition

5 Pages

 

AT‑2 View

Staff Proposed Vegetation Management Plan for Bushland Adjacent to 17th Green - November 2009

2 Pages

 

 

 


Ordinary Council Meeting 16 November 2009

 

Open Space and Urban Services Division Report No. 58

 

 

 

 

 

Reference:    Open Space and Urban Services Division Report No. 58

Subject:          Lane Cove Town Centre - Proposed 40km/hour Speed Limit    

Record No:    SU1361 - 45170/09

Author(s):       Nick Karahlis 

 

 

Executive Summary

 

As part of Councils Road Safety Strategy, the RTA has approved a 40 km/h High Pedestrian Activity Area program for the Lane Cove Town Centre. The proposal includes 40km/hour signposting in the Lane Cove Town Centre, the implementation of traffic devices at the intersection of Longueville Road and Birdwood Ave, and linemarking along Birdwood Road.

 

The design has been now finalised for the traffic devices at the intersection of Birdwood Ave and Longueville Road and a Stage 3 Road Safety Audit is currently underway to assess the safety merits of the designs. When the Road Safety Audit is finalised, the recommendations will be incorporated into the final designs of the traffic devices.

 

The RTA will provide the 40 km / hour speed zone signs and in participation with Council will also develop a communication strategy for the 40 km/hour High Pedestrian Activity Area. Following the implementation of the proposed scheme, a review will be undertaken to determine whether further safety improvements are required and whether the area needs to be expanded to other streets close to the Town Centre.

 

 

Background

 

Discussions between Council and the RTA resulted in an agreement by the RTA to support a 40 km/h High Pedestrian Activity Area for the Lane Cove Town Centre. The RTA advised Council that funding has been made available in the 2009 / 2010 financial year. All signage and pavement markers and a grant for the communications package are included in the RTA funding package. The implementation of the traffic calming devices at the intersection of Longueville Road and Birdwood Ave is on a 50/50 cost share between the RTA and Lane Cove Council.

 

The proposed 40 km/h scheme encompasses Longueville Road to Central Avenue, Birdwood Avenue and Rosenthal Avenue and Burns Bay Road to the Tambourine Bay Road roundabout.  Once the shopping centre re-development has been completed there is opportunity to look at expanding the area to include Austin Street, Central Avenue, Little Street and possibly Sera Street.

 

 

Discussion

 

The critical traffic issue in the Town Centre is the conflict between traffic and pedestrians at the intersection of Birdwood Ave and Longueville Road, which has been identified as a location that requires upgrade and treatment.

 

The concept proposed is to upgrade the existing at-grade crossing on Birdwood Avenue to a raised crossing; remove the pedestrian refuge on Longueville Road and install a raised pedestrian crossing; and to install a raised threshold in the southbound lane of Longueville Road to slow traffic travelling from Epping Road into the Town Centre.

 

 

 

 

 

Community Consultation

 

Statement of Intent

 

The consultation will be designed to notify the motorists, residents, and shop owners/operators about the proposal. RTA with Council will also develop a communication strategy for the 40 km/hour High Pedestrian Activity Area.

 

Draft Policy

Level of Participation

Inform

Involve

Form of Participation

Open

Targeted

Target Audience

Road Users, Lane Cove Community including businesses

local resident & interest associations, including businesses

Proposed Medium

Public exhibition; E-newsletter

(discussions with the RTA regarding advertisement)

Media (discussions with the RTA regarding advertisement)

Indicative Timing

December 2009-February 2010

December 2009-February 2010

 

 

Conclusion

 

Upon completion of the Road Safety Audit (currently being undertaken by consultants) the proposed LATM devices, lines and signposting, will be referred to the RTA for final approval and implementation.

 

With the introduction of a 40 km/h speed limit and associated traffic calming scheme, the Lane Cove Town Centre will become a more pedestrian friendly area.

 

 

 

RECOMMENDATION

 

1.         That the updated report on the proposed 40km/h High Pedestrian Activity Area for the Lane Cove Town Centre be received and noted.

 

2.         That the Road Safety Audit and proposed 40km/h High Pedestrian Activity Area for the Lane Cove Town Centre be placed on public exhibition as detailed in the community consultation strategy.

 

3.         That a further report then be tabled for Council’s consideration on implementation of the 40km/h High Pedestrian Activity Area for the Lane Cove Town Centre.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 16 November 2009

 

Environmental Services Division Report No. 361

 

 

 

 

 

Reference:    Environmental Services Division Report No. 361

Subject:          4 Church Street, Greenwich - S96 Modification of Consent    

Record No:    DA08/249-01 - 44565/09

Author(s):       May  Li 

 

 

Property:                     4 Church Street, Greenwich

 

S96 Application No:     DA08/249

 

Date Lodged:              6 October 2009

 

Cost of Work:              No change to the value of the approved development proposal

 

Owner:                                    G J Irving

 

Applicant:                    Haviland Architects

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

The proposal is a Section 96 application seeking to modify DA 08/249.  The modification seeks the deletion of Condition 1A (ii) relating to building height of the approved dwelling house.

ZONE

2(a2) – Residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

Yes

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a

STOP THE CLOCK USED

Yes – 4 days

NOTIFICATION

The Section 96 proposal was notified in according to the notification of the development application and all previous objectors.

 

REASON FOR REFERRAL:

 

The development application was determined by Council on 17 August 2009. Refer to AT1 for the report of 17 August 2009.  The Section 96 application seeks to delete a condition from the development consent, which was imposed by Council at its meeting of 17 August 2009.

 

The Section 96 application is submitted to Council for determination. 

 

EXECUTIVE SUMMARY:

 

The Section 96 application requests Council delete Condition 1A(ii) in the development consent.  The condition states:

 

“1A (ii)             The building be lowered by 0.5m to RL 29.81.

SITE:

 

Please refer to the original report in AT 1.

 

PROPOSAL:

 

The Section 96 application seeks to modify the development consent in the following manner:

 

Deletion of condition 1A (ii), which reads as follows:

 

“1A (ii)             The building be lowered by 0.5m to RL 29.81.

 

There is no design change relating to the dwelling house as shown in Revision G (approved plan).

 

The owner of the property has stated in support of the modification that the proposed development (as shown in Revision G), met the view share principle of the Land and Environment Court Planning Principles.  The owner has requested Council inspect the adjoining properties prior to the determination of this Section 96 application.  Refer to AT2.

 

PREVIOUS APPROVALS/HISTORY:

 

On 28 August 2008, DA 08/249 was submitted for the demolition of the existing two storey dwelling house and garage, and the construction of a two storey dwelling house with a garage. 

 

During the development assessment, the applicant amended the design 6 times to address the non-compliances with Council’s requirements and having regard to the objections raised by  adjoining neighbours.  The application was the subject of unsuccessful mediation between the various parties.

 

The major objections related to the loss of water views from adjoining properties at 2 Church Street and 9 Robert Street, Greenwich.

 

Council approved the development application (Revision G) on 17 August 2009.  At the meeting the Council imposed an additional condition 1A(ii).  The additional condition required the building height be lowered by a further 0.5m from the proposed building height at RL30.31 to RL29.81.

 

The approved building height would be 0.32m higher that the maximum ridge of the existing dwelling house. 

 

The Section 96 application seeks deletion of this condition (1A(ii)).

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

As stated in the previous report.  Refer to AT1.

 

REFERRALS:

 

The nature of the section 96 modification did not generate the need for additional referrals.

 

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

 

The Section 96 proposal does not alter the compliance to the provisions of the LEP.

 

 

 

 

Lane Cove draft LOCAL Environmental Plan 2008

 

The Section 96 proposal does not alter the compliance to the provisions of the DLEP.

Other Planning Instruments

 

Code for Dwelling Houses, Fences, Private Swimming Pools and Outbuildings

 

The Section 96 proposal does not alter the compliance to the requirements of the Code.  The attached report contains the details of any variations, which were accepted by Council.

 

ENVIRONMENTAL PLANNING AND ASSESSMENT ACT

 

Having regard to the provisions of Section 96 of the Environmental Planning and Assessment Act, the proposal remains substantially the same development and can be considered as a Section 96 modification.

 

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

 

The Section 96 proposal was notified in accordance with Council’s notification policy.  Three submissions were received in response to the notification.

 

The owners of three adjoining properties at 2 Church Street, 9 and 11 Robert Street, Greenwich raised objections to the Section 96 proposal.  The objectors remain of the view that the section 96 modification results in a building that is too high and would create an unacceptable loss of water views from their properties.

 

The submissions requested Council to stand by its decision on 17 August 2009. 

 

Officer’s comment:

 

View impact has been a major issue for neighbours to this development proposal.  The report to Council meeting of 17 August 2009 detailed an assessment on the view issue of the plans contained in Revision G.

 

The Council has inspected the site and viewed the impact from the objector’s properties.  This resulted in the imposition of the additional condition 1A(ii) as a number of Councillors remained concerned at the level of adverse impact to the neighbouring properties.

 

CONCLUSION

 

The matters in relation to Section 79C and Section 96 of the Environmental Planning and Assessment Act 1979 considerations have been satisfied.

 

The Section 96 proposal would not change the nature of the approved development and it would be substantially same development as that approved, should Council support the application.

 

 

RECOMMENDATION

 

That the Council consider and determine the Section 96 application.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

ESD Report No. 242 of 17 August 2008

15 Pages

 

AT‑2 View

Supporting Statement

2 Pages

 

 

 


Ordinary Council Meeting 16 November 2009

 

Environmental Services Division Report No. 45

 

 

 

 

 

Reference:    Environmental Services Division Report No. 45

Subject:          Access to Private Roadways for Council's Waste Contractors    

Record No:    su2991 - 44455/09

Author(s):       Steve  Fedorow 

 

 

Executive Summary

 

At its meeting of 15 December 2008, Council considered a report that outlined the steps that Council had taken to obtain indemnification for Council and its waste contractors to access private roadways for the purposes of providing waste services.  The report highlighted that whilst the majority of owners of affected properties had entered into an indemnification deed that there were a small number of properties who had declined to enter into a deed or had failed to respond to Council.

 

Council resolved to continue to negotiate with affected property owners with a view to entering into a Deed indemnifying Council and its waste contractor against potential damage caused to any private roadway and common property; & that a further report be presented to Council following negotiations with affected owners.

 

This report outlines the results of these negotiations and recommends that where Council has been unable to negotiate a satisfactory Deed that Council advise affected property owners of an alternate collection point located adjacent to the nearest trafficable public road.

 

Background

 

In early 2006, as a result of an issue in Delta Place, Lane Cove Council became aware that neither it, nor its waste contractor was indemnified against any damage that may be caused to a private roadway through its normal use.

 

A subsequent audit revealed that there were a number of other properties where waste was collected via private roadways and where Council and its contractor were not indemnified against damage caused in providing waste services.

 

Following negotiations, by July 2008 the majority of properties had returned a completed Deed to Council, requesting that Council continue providing waste services via their private roadway.

 

At the time of the report being considered by Council in December 2008 there were four properties who had either declined to enter into a Deed or failed to respond to Council.  These properties are listed below:

 

Discussion

 

Details of the negotiations and the outcomes for each of the remaining properties are listed below:

 

25 Best Street, Lane Cove

 

In March 2009, a letter was sent to the Owners Corporation enclosing a Deed and requesting that the Owners Corporation enter into the Deed should they wish to continue the current on-property service.

Council received a response from the Strata Manager in July 2009 that included signed Deeds that had been substantially altered with the effect that Council and its contractors would not be adequately indemnified.  This view was supported by Council’s solicitors who reviewed the alterations on behalf of Council and in October 2009 another letter was sent to the Strata Manager advising that Council could not accept the amendments, enclosing another copy of the Deed and requesting their cooperation in bringing this matter to conclusion.  Council has recently received verbal advice from the Stata Manager that he has forwarded the Deed to his solicitors for review and that the Deed and advice will be presented to the Owners Corporation at their next meeting on 1 December 2009.

 

Currently waste services continue to be provided via the private roadway.

 

299 Burns Bay Road, Lane Cove

 

Following further negotiations the owners of 299 Burns Bay Road, Lane Cove have entered into a Deed.  Waste services are provided via the private roadway.

 

40 Cope Street, Lane Cove

 

40 Cope Street is made up of SP 101 & SP 404.  SP 101 has entered into a Deed however the Strata Manager and body corporate for SP 404 have advised that the terms of the proposed Deed are unsatisfactory.  Guided by Council’s solicitors, officers have attempted to negotiate a satisfactory Deed to both parties, however the Body Corporate advised in November 2008 their unwillingness to enter into a Deed.  Due to the layout and shared ownership of the private roadway, the failure of SP 404 to enter into a Deed jeopardises Council’s ability to continue to provide on-property waste services to units that have signed the Deed being the units that comprise SP 101 & all the units at 38 Cope Street. Currently services are still being provided via the private roadway.

 

65 & 67 Riverview Street, Riverview

 

These properties are located close to a public roadway (Riverview Street) and have declined to enter into a Deed with Council.  These properties share a right-of-way with four other properties (93, 99, 101 and 107 Riverview Street, Riverview) that have entered into a Deed, however to gain access the garbage trucks would need to traverse a section of the right-of-way owned by 65 & 67 Riverview Street. 

 

As all properties have yet to enter into a Deed, residents are currently transporting their bins to Riverview Street for collection.

 

Conclusion

 

Whilst Council has successfully entered into a Deed with a majority of properties where Council’s waste contractors use private roadways to provide waste services, there remain a small number who have declined to enter into such a Deed.  In light of this response and to ensure that Council and its contractor are not exposed to unacceptable risk in providing waste services it is considered prudent that Council provide four weeks notice to those properties who have either declined to enter into a Deed that is satisfactory to Council, or are adversely impacted by the failure of another party to enter into such a Deed, that Council will cease providing waste services via private roadways and that waste must be presented at the kerbside of the nearest trafficable roadway.


 

 

RECOMMENDATION

 

That Council:-

 

1.   Advise affected property owners of an alternate collection point located adjacent to the nearest trafficable public road.

 

2.   Provide four weeks notice before requiring bins to be presented for collection at the alternate collection point.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 16 November 2009

 

Environmental Services Division Report No. 48

 

 

 

 

 

Reference:    Environmental Services Division Report No. 48

Subject:          Delegated Authority Report - October 2009    

Record No:    SU1863 - 45044/09

Author(s):       Michael Mason 

 

 

Executive Summary

 

During the month of October 2009 a total of 50 Development Applications were determined under delegation by staff and 2 by Council.  In addition 14 Construction Certificates and 21 Privately Certified Construction Certificates were issued.  There were 3 Privately Certified Complying Developments.

 

Developments under the new SEPP in October were:

 

                        154 Pacific Highway, Greenwich – Café Fitout

                        25 Kenneth Street, Longueville – Inground Swimming Pool

                        8 Ronald Avenue, Greenwich   – Inground Swimming Pool

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

List of applications determined for October 2009

7 Pages

 

 

 


Ordinary Council Meeting 16 November 2009

 

Environmental Services Division Report No. 46

 

 

 

 

 

Reference:    Environmental Services Division Report No. 46

Subject:          Shopping Trolley Management    

Record No:    su3163 - 44521/09

Author(s):       Steve  Fedorow 

 

 

Executive Summary

 

This report discusses the current approaches to shopping trolley management employed by retailers in the Lane Cove Town Centre and recommends that Council work with the retailers to bring about a consistent approach to reduce the number of trolleys abandoned on our streets.

 

Background

 

The LGSA of NSW & Australian Retailers Association of NSW developed a “Code of Practice for the Management of Shopping Trolleys” in 2004 (AT1).  The code of practice is intended to operate as a practical guide for Councils and retailers to work together to address the issue of abandoned shopping trolleys.

 

Discussion

 

There are currently two retailers in the town centre who provide shopping trolleys for their customers being Coles & Thomas Dux.  Due to the central location of these retailers within the town, customers visiting these stores do not always park in the dedicated Carparks provided by the retailers, but rather park in a range of locations and Council Carparks throughout the town centre.  As a result some customers push trolleys from shops back to their car & then abandon them rather than returning them to the store.

 

Within easy walking distance to the town centre there are a number of multi-unit dwellings (Burns Bay Road, Longueville Road & Lane Cove North) from which some residents regularly push a shopping trolley home and abandon it on the street.

 

These factors combined result in significant numbers of shopping trolleys littering our streets at any one time.

 

In response to the number of trolleys left littered throughout the Rosenthal Avenue carpark, Council constructed a trolley bay at the southern end of the carpark.  This bay was designed to corral the trolleys in one central location for collection by Coles and/or Thomas Dux.

 

It is anticipated that the forthcoming opening of Woolworths will increase the overall trolley fleet and has the potential to exacerbate the abandoned trolley problem.  With this in mind Council officers met with the various retailers to ascertain their current approach to shopping trolley management.  Listed below are the approaches taken by each retailer:

 

Woolworths

 

Condition 13 of Woolworths’ consent (DA246/04) requires Woolworths to submit a trolley management plan to Council for approval.  Woolworths have recently provided Council with a draft trolley management plan.  The draft plan indicates the following arrangements are proposed:

 

·           Woolworths opening hours are from 6am-1am, 7 days a week.

·           A trolley collection contractor will be engaged to collect trolleys from the carpark and surrounding streets and return them to the store.  The trolley collection contractor will work a minimum of 8 hours per day, 7 days a week.

·           A toll free number (Trolley Trackers) will be provided to permit the public to report abandoned trolleys.  This number is displayed on all trolleys and there is a stated maximum 24hour turnaround to collect reported trolleys. All reports are placed in a monthly draw to receive $1000 worth of gift vouchers.

·           All trolleys will be fitted with a $2 coin lock system. Woolworths will be installing a coin lock system on all of its trolleys.

 

Whilst Woolworths have indicated that they are party to the industry Code of Practice for the Management of Shopping Trolleys, the draft trolley management plan is missing key information/sections as recommended by the Code.  Accordingly, Council staff have sought additional information from Woolworths regarding their trolley management plan prior to endorsing their trolley management plan.

 

Coles

 

Council officers recently met with the Store Manager of Coles to discuss the local trolley management arrangements.  The Store Manager advised the following:

 

·           Coles is open from 6am-Midnight.

·           A trolley collection contractor is employed from 7am-9pm, 7 days a week to collect trolleys from the carpark and surrounding streets and return them to the store.

·           A toll free number is provided to permit the public to report abandoned trolleys.  This number is displayed on all trolleys and there is a stated maximum 24hour turnaround to collect reported trolleys.

·           Trolleys are not fitted with a coin lock system, and there are no current plans to retrofit such.

 

Whilst Coles have a trolley management contractor and the 24 hour toll free number, there is no formal trolley management plan to the standard recommended by the industry Code in place at the local level.  To clearly articulate Council’s expectations regarding trolley management and to improve on-street abandoned trolley situation, it is recommended that Council work with Coles to develop a formal Trolley Management Plan.

 

Thomas Dux

 

Council officers recently met with the Store Manager of Thomas Dux to discuss the local trolley management arrangements.  The Store Manager advised the following:

 

·           Thomas Dux is open from 7am-8pm.

·           A trolley collection contractor is employed from 8am-6pm, 7 days a week to collect trolleys from the carpark and surrounding streets and return them to the store.

·           No toll free number is provided to permit the public to report abandoned trolleys.  No number is displayed on the trolley and residents must search the phone book to report an abandoned trolley.  Reported trolleys are collected as soon as possible.

 

Whilst Thomas Dux has a trolley management contractor, there is no formal trolley management plan to the standard recommended by the industry Code in place at the local level. To clearly articulate Council’s expectations regarding trolley management and to improve on-street abandoned trolley situation, it is recommended that Council work with Thomas Dux to develop a formal Trolley Management Plan.

 

 

 

 

 

Village Fruit Market

 

Council Officers recently met with the Store Manager of the Village Fruit Market to discuss the local trolley management arrangement.  The Store Manager advised that they did not provide trolleys to customers and as a consequence they did not employ a trolley management contractor.

 

Whilst on site, Council officers observed a trolley bay within the confines of the store containing trolleys owned by a variety of other retailers.

 

It is anticipated that developing formal trolley management plans with all retailers would bring about an improvement and introduce some consistency in the approaches taken by retailers in responding to abandoned trolleys.

 

Should this approach not achieve the on-street results desired by Council, there is a regulatory option available to Council which would involve impounding abandoned trolleys.  Impounded trolleys would only be released back to the owner once Council’s impounding fee of $119 had been paid.  Trolleys not claimed by the owner within 28 days would be sold by Council.

 

Whilst the primary focus of this report has been upon the arrangements put in place by the retailer to address the issue of abandoned trolleys, it is important that some attention is focussed on strategies to ensure that shoppers return trolleys to the store after use.  In this regard, Woolworths is to be congratulated upon their initiative to introduce a coin-lock system.  It is recommended that when working with the other retailers to develop formal trolley management plans that Council indicate its support for the installation of devices that create an incentive for shoppers to return trolleys (coin lock devices), or devices that make it difficult to take the trolley beyond the immediate vicinity of the retailer (wheel lock devices).

 

The Impounding Act 1993 also places an onus upon shoppers (fines of up to $110 can be issued by Council) not to abandon trolleys in a public place.

 

Conclusion

 

Whilst existing retailers have individual strategies in place to respond to abandoned shopping trolleys, there is a perception that the range of current approaches no longer meets the expectations of the community.  With the forthcoming opening of Woolworths, it is timely for Council staff to work with all retailers to improve the response and bring greater consistency managing this issue.

 

 

RECOMMENDATION

 

That Council:

 

1.   Note the extent of abandoned trolleys and the range of measures in use by retailers.

 

2.   Staff monitor the impact of the coin lock trolley system to be introduced by Woolworths and if effective in reducing the incidence in abandoned trolleys seek to encourage its adoption by all retailers.

 

3.   Work with all retailers to develop consistent trolley management plans; and

 

4.   Endorse the impounding of shopping trolleys where appropriate.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Abandoned Shopping Trolleys Code of Practice

9 Pages

 

 

  


Ordinary Council Meeting 16 November 2009

 

Human Services Division Report No. 20

 

 

 

 

 

Reference:    Human Services Division Report No. 20

Subject:          Library Fitout Progress Report No 1    

Record No:    SU1459 - 45119/09

Author(s):       Jane  Gornall 

 

 

 

Background

 

At the Council meeting of August 17, 2009 Council accepted the tender from Buildcorp Interior Pty Ltd for the fitout of the Library building.

 

The Deed of Agreement with Fabcot (Woolworths) requires that Fabcot (Woolworths) build a Library shell for handover to Council. Mainbrace have been the builder for that part of the project.

 

The shell is Stage 1 of the Library fitout. The fitout of the shell and the refit of the existing Library building will be carried out by Buildcorp.

 

The shell to be handed over by Fabcot (Woolworths) consists of concrete walls, floors, roof, air-conditioning platform, fire exit stairs, windows and skylights, and water and power connections.

 

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

 

Stage 2 includes the refitting of the existing Library building at 139A Longueville Road, Lane Cove.

 

Mainbrace handed the Library shell to Council on the 2nd October, 2009.  Buildcorp took possession of the site on the 12th October, 2009.

 

Although the shell was to have been completed by Mainbrace for the handover there was a number of outstanding items not completed. Items included completion of the fire stairs, the reinstallation of the eaves from the original building, relocation of the siphonic drainage, relocation of fire hydrants that were incorrectly placed, lack of condensate dishes (tundish), and missing conduits for cabling. These are currently either completing or being negotiated.

 

Buildcorp also has had limited access to the site for delivery of materials. It was expected that the ramp from Longueville Road to the Library entrance would be completed by the time that Buildcorp took possession of the site. At the date of writing this Report (November 10, 2009) the ramp is still not complete.

 

Council will also be aware that on the weekend of the 24th and 25th October, Sydney was deluged by rain. The Library shell was badly affected by the rain with water entering the building in multiple locations. This water incursion was reported to Fabcot (Woolworths) and Mainbrace by Mr Doug McMillan from Cardno.

 

Fabcot (Woolworths) have advised at a recent meeting that it is intended that the shell will be made water-tight. One of the follow-on effects of the water incursion is that a conservative approach has been taken to installing the gyprock walls for the Library, with the installers leaving sections uncovered until we are sure that the issue of the water has been resolved.

The original date for the completion of Stage 1 of the fitout was December 21, 2009.  Due to delays and issues with the site the new date, at this stage, is expected to be late January 2010.

 


 

Discussion

 

Site meetings have been held each Thursday since Buildcorp have been on site. Ad hoc meetings have been held when issues have arisen between the scheduled meetings, such as the issue of the water ingress.

 

Representing Council at the meetings have been:

Mr. Don Bergomi – Director – Stephenson & Turner Architects

Ms. Jennifer Bice – Manager, Library Services

Ms. Jane Gornall – Executive Manager, Human Services

 

Current Progress

 

Buildcorp have made progress notwithstanding the issues highlighted above. Attachment 1 has a series of photographs of the work completed at the 9th November, 2009.

 

As of the meeting of November 5, 2009 the following work had been undertaken:-

·           Sprinkler installation is 70% complete – the remaining work will be undertaken after the     ceiling is installed;

·           Electrical services are 40% complete;

·           Hydraulic services are 70% complete;

·           Mechanical Services are 35% complete;

·           Fire detection installation is 75% complete - the remaining work will be undertaken after the          ceiling is installed;

·           Surveyor has completed survey and plot of floor slab – to establish floor levels;

·           Gyprocking has commenced; and

·           Framing for tallowwood walls has commenced.

 

Crane Lift

 

The first crane lift for the building occurred on Friday November 6, 2009. At this crane lift much of the plant for the air-conditioning was lifted onto the plant platforms on the top of the roof. The lifted plant included the air-chillers, the boiler, and the solar hot water pumps. The next lift will include the air handling units and other minor plants. The solar panels will be lifted at a later date yet to be decided.

 

Lift Installation

 

The Kone lift was delivered to the Library site on Tuesday 3rd November for installation. It is expected that the lift installation will be completed on Thursday November 12, 2009. 

 

Furniture/Computers

 

Library staff  have been working with Council Architects, Stephenson & Turner International to ensure that the extended Lane Cove Library meets the current and future needs of the community. A range of shelving has been ordered to house books, paperbacks, DVDs, CDs, Audiobooks, CD ROMs and magazines.

 

Because the fit-out is in two stages, the first delivery of items will be in late December 2009 and the second delivery in March 2010. Items ordered include tables, chairs, lounges, local studies cabinets, audio visual equipment and trolleys.  Alternate arrangements are being made for the delivery of the shelving and the furniture as it is becoming clear that the shell will not be complete before Christmas.

 

As part of the extension project Library and Council staff  have reviewed the Library’s IT needs. New OPACs (Online Public Access Computers) and public PCs for Internet and word processing have been ordered. The extended Library will offer wireless access in the training room and throughout the building. Staff have liaised with Shorelink to ensure the Network can accommodate Lane Cove Library’s future requirements.

 

Staging of Works

 

It was hoped that Stage 1 would be completed by the 22nd December, 2009. The Library would then close completely for ten days, reopening in the completed shell. Delays now make this an unlikely prospect. It is more likely that the Library will close in late January 2010, as the Christmas close down period will affect work over this time. The Library is in the process of rescheduling deliveries of furniture, etc. for the period.

 

 

RECOMMENDATION

 

That:

 

            1.         Council receive and note this report.

 

            2.         A further report be presented to Council at the next Council meeting.

 

 

 

 

 

 

Jane  Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

AT‑1 View

Photos of Library

8 Pages