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Agenda

Planning and Building

Committee Meeting

3 May 2010, 8:00pm

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Planning and Building Committee Meeting, to be held in the Council Chambers on Monday 3 May 2010 commencing at 8:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Committee Meeting Procedures

 

The Planning and Building Committee meeting is chaired by Councillor Pam Palmer. Councillors are entitled to one vote on a matter. If votes are not unanimous the delegations of the Committee require that the matter be referred to Council for determination. 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 the Committee 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 attend the Meeting and address the Committee on any issue.   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.

 

 

 

 


Planning and Building Committee 3 May 2010

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

 

CONFIRMATION OF MINUTES

 

1.      PLANNING AND BUILDING - 15 MARCH 2010

 

Environmental Services Division Reports

 

2.       Environmental Services Division Report No. 210

SUBJECT: 237 Longueville Road, Lane Cove  

 

 

 

                      


Planning and Building Committee Meeting 3 May 2010

 

Environmental Services Division Report No. 210

 

 

 

 

 

Reference:    Environmental Services Division Report No. 210

Subject:          237 Longueville Road, Lane Cove    

Record No:    DA09/192-01 - 13987/10

Author(s):       Kristy  Wellfare 

 

 

Property:                     237 Longueville Road, Lane Cove

 

DA No:                         DA09/192A

 

Date Lodged:              17 March 2010

 

Cost of Work:              As per original application

 

Owner:                                    J Parisa

 

Applicant:                    Urbanesque Planning Pty Ltd

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Section 96 application to modify DA09/192 which approved the construction of two signs. The modification seeks the deletion of condition 2, which required the deletion of one of the original 3 proposed signs and a reduction in size and location of the other 2 signs. 

ZONE

R2 – Low Density Residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

The proposal is permissible within the zone

IS THE PROPERTY A HERITAGE ITEM?

The property does not contain a listed heritage item

IS THE PROPERTY WITHIN A CONSERVATION AREA?

The property is not located within a conservation area

IS THE PROPERTY ADJACENT TO BUSHLAND?

The property is not adjacent to bushland

BCA CLASSIFICATION

Class 1a, 5, 10a and 10b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                   231, 243, 268-270, 272, 274 Longueville Road, 1A & 2 River Road West

Ward Councillors         Central Ward

Progress Association   Nil

Other Interest Groups  Nil

 

REASON FOR REFERRAL:

 

This modification application has been called by Councillor Smith to allow Council to assess the section 96 proposal.

 

EXECUTIVE SUMMARY:

 

·     Notwithstanding that the application was approved under the Lane Cove Local Environmental Plan 1987, as the section 96 modification was submitted following the gazettal of the Lane Cove Local Environmental Plan 2009, it is subject to the LEP 2009 and the Lane Cove Development Control Plan 2010.

·     Development consent was originally sought for three signs. Following an assessment of the proposed signage against the provisions of the Advertising and Signage DCP, two of the three signs were approved with conditions reducing their size and altering the location of sign 3 to below fence level fronting Longueville Road.

·     This Section 96 Modification seeks to delete condition 2 which states:

 

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

 

(a)   Sign 1 shall be limited in size to no greater than 1800mm x 900mm and shall be installed as a flush wall sign with no projection outward from the western elevation of the building facing River Road West

(b)  Sign 2 shall be deleted from the plan

(c)   Sign 3 shall be installed on the boundary fence, below the level of the fence, in a manner which does not interfere with Council’s footpath.”

 

The amendments are to be provided to the Certifier prior to the issue of a Construction Certificate.

·     The property is located in a residential zone and the use was approved as professional consulting rooms.  The property is in close proximity to commercial and retail properties at Northwood Shops (diagonally opposite).

·     No neighbour submissions were received to the original proposal; however one submission was received during notification of the section 96 modification, raising concerns regarding visual clutter and traffic safety. Council’s Traffic Manager does not anticipate any undue traffic safety issues arising from the signage.

·     The proposal does not accord with the controls relating to signage in residential zones (Part N3.10 of Lane Cove DCP) and would set an undesirable precedent for business identification signage in residential zones and other professional consulting room developments.

·     The modifications sought are not supported.

 

SITE:

 

The subject site is located at the north-western corner of Longueville Road and River Road West.  The site is irregular in shape, 619.615 m² in area with a frontage of 25.29m to River Road West, frontage of 30.945m to Longueville Road and an oblique frontage of 6.9m to Blaxlands Corner. Existing development on the site consists of a single storey masonry and tile building which has been approved for use as a professional consultant room under DA08/276.  Surrounding development comprises the Lane Cove Bowling Club located at the south-western corner of Longueville Road and River Road opposite the subject site, dwelling houses along River Road West, the Masonic Temple located at 231 Longueville Road, residential flat buildings located at the eastern side of Longueville Road opposite of the subject site.  Copy of Site Location Plan and Neighbour Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

 

DA09/192 was approved subject to conditions on 17 December 2009.  The original proposal sought the erection of 3 signs on the property. The original signs were:

 

Sign 1:   Affixed to the western elevation of the building facing River Road West, 2400mm x 900mm which projects from the wall by between 50mm and 500mm for greater visibility. The sign is 2mm folded aluminium affixed to a support frame and includes a small logo and phone number at the end of 900mm x 500mm.  The top of the sign is 2600mm above the ground.

Sign 2:   2400mm x 1200mm pole sign, 1300mm above ground level installed to the south-western corner of the site at the oblique boundary facing Northwood Road.  The sign has an overall height of 2500mm.

Sign 3:   1800mm x 900mm pole sign, installed 1300mm above ground level to the western (Longueville Road) elevation and an overall height of 2200mm.

 

The proposal was approved, however in a modified form as described in the following condition:

 

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

 

(a)  Sign 1 shall be limited in size to no greater than 1800mm x 900mm and shall be installed as a flush wall sign with no projection outward from the western elevation of the building facing River Road West

(b)  Sign 2 shall be deleted from the plan

(c)  Sign 3 shall be installed on the boundary fence, below the level of the fence, in a manner which does not interfere with Council’s footpath.”

 

The amendments are to be provided to the Certifier prior to the issue of a Construction Certificate.

 

The applicant seeks consent for the modification of DA09/192 pursuant to Section 96 of the Environmental Planning and Assessment Act 1979 in the following way:

 

·     Deletion of Condition 2(b) which disapproved Sign 2 as originally proposed (2400mm x 1200m with an overall height of 2500mm) and inclusion of a new Sign 2 with reduced dimensions of 1800mm x 900mm to a maximum 1200mm above the ground and an overall height of 2100mm.

·     Deletion of condition 2(c) which required to Sign 3 to be installed at fence level on the Longueville Road frontage.

·     Permit Sign 3 as a pole sign above the fence level with dimensions of 1800mm x 900m to a reduced maximum overall height of 2100m.

 

Note:  The applicant has not sought to vary approved sign 1 – River Road frontage.

 

PREVIOUS APPROVALS/HISTORY:

 

DA08/276:       Alterations and additions to the existing building and change of use to a professional consultant room and dwelling. Approved 4.11.2008

DA08/276A:     Section 96 modification of DA08/276. Modifications sought include increasing the length of the approved pool, addition of a powder room and storage. Approved 8.12.2008

DA09/192:       Installation of signage. Approved 17.12.2009 (and subject to the current section 96 modification application).

 

REFERRALS:

 

Heritage Advisor

 

Council’s heritage adviser commented on the original proposal.  He raised no objection to the proposed signage in terms of the heritage item at 231 Longueville Road (former Masonic Temple) as it is located remote from the item.  Advice was given in relation to this application as it was originally proposed and including the sign which was subsequently deleted, a further referral of the modified proposal was not considered necessary in this instance.

 

 

Traffic

 

As the concerns raised by the objector related to traffic safety, the proposal was referred to Council’s Traffic Manager for comment. The following comments were provided in relation to the amended proposal and in light of the submission received:

 

The location of the proposed signs do not interfere with the Traffic along Longueville Road or River Road West. The Amended plan shows that the signs are located away from the access or sight of all road users including pedestrians and cyclists.

 

Although the above streets are busy, the additional signage is not expected to distract drivers as the proposed signs are not designed at an angle where the drivers would experience a loss of concentration. There are currently more visual obstructions and signage on both roads which may capture any road users attention.

 

SECTION 96 ASSESSMENT: 

In accordance with Section 96 of the Environmental Planning and Assessment Act, 1979, Council has considered the following matters:

§  The original and modified proposals are for business identification signage. Consent was granted for two signs with the deletion of one of the proposed signs. As such, Councils is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (Section 96(2)(a)),

§  Consultation with the Minister, public authority or approval body was not required (Section 96(2)(b)),

§  The application has been notified in accordance with Council’s Policy Manual (Section 96(2)(c)),

§  The submission received concerning the proposed modification has been considered in the assessment of this application (Section 96(2) (d)).

§  Council has taken into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application (Section 96(3)), discussed hereunder.

 

Lane Cove LOCAL Environmental Plan 2009 (Section 79c)

 

The original application was considered under Lane Cove LEP 1987, however as the Lane Cove LEP 2009 has now been gazetted, the section 96 modification must be considered under the new instrument.

 

The modified proposal is for signage, and signage is listed as being development permitted with consent in the R2 – Low Density Residential Zone. The proposal is not contrary to the objectives of the zone and no concerns are raised having regard to the relevant provisions of the LEP2009. The proposal is considered to be acceptable in this regard.

 

LANE COVE DEVELOPMENT CONTROL PLAN

 

Part N – Advertising and Signage

 

General controls contained within the DCP in Section N.3 note that generally, signage should be contained to “one pylon/plinth sign per property street frontage”. The proposal as modified would result in the erection of two such signs on the Longueville Road frontage.

 

The amended proposal for Sign 2 reduces the dimensions from the original 2400mm x 1200m and 1300m above the ground with an overall height 2500m to 900mm x 1800mm and a maximum overall height of 2100mm.  This would result in more than 1 sign per frontage and when combined with Council’s street signage, would continue to result in visual clutter. Condition 2(b) addressed this non-compliance through the deletion of Sign 2 resulting in one pylon sign on the Longueville Road frontage in accordance with the DCP.

 

In relation to Sign 3, the dimensions of the actual sign are not an issue, the modification relates to the nature and height of the sign.  The approval is for a sign located on the fence in accordance with Part N, Section 3.10 of the DCP (diagram 3.20)

 

Figure 3.20 outlines the preferred scale and nature of signage in residential areas as low level signage installed below the level of the fence line. Condition 2(c) was imposed on the original consent requiring Sign 3 to be installed on the boundary fence, below the top of the fence, in a manner which accords with the requirement of the DCP. Sign 3 as modified would be of the same size as approved, installed on poles to a maximum overall height of 2100mm – a reduction in overall height from the original proposal of 100mm.

 

It is considered that the modified signage as sought would not meet the intention of Part N of the DCP “to encourage unobtrusive signage which respects the residential nature of the area, and signage that is of a scale which enhances and contributes to the amenity of the streetscape (Part N.3.5)”. Notwithstanding the reduced dimensions proposed for Sign 2 and the 100mm reduction in overall height of Sign 3, the proposal to install both signs as pylon/plinth signs on the Longueville Road frontage is contrary to the controls and objectives of Part N of the DCP and cannot be supported.

 

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

 

One (1) submission was received in response to the notification of the development application.  The issues raised in the submission can be summarised as follows.

 

Objection Issue

 

1.         The sign is excessively large (and) will have a huge impact on the safety of the drivers and other road users. (The) Proposed large sign will make the traffic condition much worse. The proposed sign will interfere with the traffic lights and the drivers will lose very much needed concentration at that intersection, particularly drivers facing north and west.

 

Comment

 

The concerns relating to traffic matters were referred to Council’s Traffic Manager for comment. As noted elsewhere in this report, the location of the proposed signs would not specifically interfere with the traffic along Longueville Road or River Road West. The amended plan shows that the signs are located away from the access or sight of all road users including pedestrians and cyclists. Although these streets are busy, Council’s Traffic Manager did not expect that the additional signage would distract drivers as the proposed signs are not designed at an angle where the drivers would lose concentration.

 

2.         To reinstate the sign as originally proposed is not in accordance with consent and contrary to any relevant statutory control Lane Cove Council’s DCP. The proposed sign is in very close approximate to the heritage building on the north next to subject site. The proposed excessively large sign will make visual impact to the heritage building and the streetscape. We strongly recommend to delete this sign or to maintain in scale as per condition 2 of the consent.


Comment

 

Council’s Heritage Advisor commented on the original application as proposed and did not consider that the signage would result in any undue impact on the nearby heritage item. The concerns regarding the impact of the modified signage arrangements on the streetscape have been addressed in the assessment of the signs against the provisions of Part N of the DCP above, and the signage as modified is not supported.

 

3.         The proposed signs are generally very excessive in numbers and excessively large that will create visual and physical clutter, will degrade the character of the streetscape, and they are not appropriate for such residential area.

 

Comment

 

Agreed. Discussions regarding the number of signs and their appropriateness within this residential area are outlined in the assessment of the signs against the provisions of Part N of the DCP above and the signage as modified is not supported.

 

4.         The logo, colour schemes also may make adverse impact to the local streetscape and significance of the heritage building next door.

 

Comment

 

The logo and colour scheme was taken into consideration during the assessment of the original application. Council’s Heritage Advisor did not raise any concerns regarding the proposed colour scheme and logo and its proximity to the nearby heritage item, and these were considered to be acceptable. The logo and colour scheme are not substantially altered from the original proposal and are considered to be acceptable in this regard.

 

CONCLUSION

 

The Development Application has been assessed in accordance with matters for consideration outlined in Section 79C of the Environmental Planning & Assessment Act 1979, and having regard to all of the relevant instruments and policies. The proposal is not contrary to the objectives of the Lane Cove Local Environmental Plan 2009.

 

The proximity of the site to the B1 Neighbourhood Centre Zone, was considered in relation to the original application and signage approved for the site took into account the property’s unique location.  The signage as proposed however is considered excessive in number and impact and is not supported and would lead to an undesirable precedent which may be used by other businesses within residential zones.

 

It is considered the number and size of the signs proposed would lessen the general visual amenity in this residential precinct and major traffic corridor.  The issued consent had regard to the applicant’s need and desire to identify his business to passing traffic and clients while seeking to maintain the principles of amenity and an acceptable visual streetscape adopted in Council’s Advertising and Signage Development Control Plan.


 

 


RECOMMENDATION

 

That pursuant to Section 96 of the Environmental Planning and Assessment Act 1979, Council refuse the modification of DA09/192 granted on 17.12.2009 for the installation of 2 signs on lot 12 in Deposited Plan 555414 and known as 237 Longueville Road, Lane Cove, for the following reasons:-

 

1.         The proposal as modified does not accord with the following provisions of Part N – Signage and Advertising of the Lane Cove Development Control Plan:-

 

a)         General Signage Controls (Part N.3)

b)         Pylon, Plinth and Pole Signage (Part N.3.5) Objectives

c)         Signage in residential zones (Part N3.10)

 

2.         The proposal as modified would result in unreasonable and unnecessary visual clutter and an unacceptable impact on the existing streetscape and major thoroughfare.

 

3.         The proposal as modified would set an undesirable precedent for signage within residential zones that front major thoroughfares.

 

4.         The proposal as modified is considered contrary to the public interest.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan

1 Page