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Agenda

Ordinary Council Meeting

21 June 2010

The meeting commences at 6.30pm. If members of the public are

not interested in any business recommended to be considered in

Closed Session or there is no such business, Council will ordinarily

  commence consideration of all other business at 7pm.

 


 

Notice of Meeting

 

Dear Councillors

 

Notice is given of the Ordinary Council meeting, to be held in the Council Chambers on Monday 21st June 2010 commencing at 7pm. 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 21 June 2010

 

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 - 7 JUNE 2010

 

Referred Reports FROM Inspection Committee 19 June 2010

 

2.       Environmental Services Division Report No. 197

SUBJECT: 30 Myee Crescent, Lane Cove West

 

3.       Environmental Services Division Report No. 221

SUBJECT: 109A Northwood Road, Northwood

 

Orders Of The Day

 

4.       Order Of The Day No. 8

SUBJECT: Council and Committee Meeting Schedule - July 2010

 

5.       Order Of The Day No. 12

SUBJECT: 2010 Gunnedah Womens Forum

 

General Managers Reports

 

6.       General Managers Report No. 9

SUBJECT: Lane Cove Market Square Parking

 

Corporate Services Division Reports

 

7.       Corporate Services Division Report No. 37

SUBJECT: Results of Consultation on the 2010 - 2013 Management Plan and Budget

 

8.       Corporate Services Division Report No. 38

SUBJECT: Advertising Signage Lane Cove Market Square Car

Park

 

Environmental Services Division Reports

 

9.       Environmental Services Division Report No. 19

SUBJECT: 71 Northwood Road, Northwood

 

Human Services Division Reports

 

10.     Human Services Division Report No. 27

SUBJECT: Library Fit Out Progress Report No. 11               


Ordinary Council Meeting 21 June 2010

 

Environmental Services Division Report No. 197

 

 

 

 

 

Reference:    Environmental Services Division Report No. 197

Subject:          30 Myee Crescent, Lane Cove West

Inspection Committee after considering this matter referred this Report to the Ordinary Council Meeting to be held on the 21st June 2010.   

Record No:    DA09/302-01 - 12449/10

Author(s):       Rajiv Shankar 

 

 

Property:                     30 Myee Crescent, Lane Cove West

 

DA No:                         DA 09/302

 

Date Lodged:              24 December 2009

 

Amended Plans:         Notified on 23 March 2010

 

Cost of Work:              $960 000

 

Owner:                                    V B Lele & S V Lele

 

Applicant:                    Greenfield DA Services

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of the existing dwelling house and erection of a two storey dwelling house.

ZONE

Lane Cove Local Environmental Plan 1987-

Residential 2(a2)

Lane Cove Local Environmental Plan 2009-

Low density residential R2

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

Yes

BCA CLASSIFICATION

Class 1a

STOP THE CLOCK USED

Yes

NOTIFICATION

Neighbours                  9, 11, 13, 26, 28, 32, 34, 36, 38-40, Myee Cr, 100 Penrose St.

Ward Councillors       Clr W Gaffney, Clr I Longbottom, Clr K Mcllroy,

Progress Association Lane Cove West Residents Association

Other Interest Groups Lane Cove Bushland and Conservation Society

 

 

 

 

REASON FOR REFERRAL:

 

The application has been called to the Planning and Building Committee meeting by Councillor Longbottom because of concerns raised by a neighbour.

 

EXECUTIVE SUMMARY:

 

·     The proposal is for the demolition of the existing dwelling house and construction of a two storey dwelling house.

·     This application was submitted at a time when the Lane Cove Local Environmental Plan 1987 was in force and has accordingly been assessed in accordance with that LEP and respective Dwelling House Code.

·     The proposal was notified and two submissions were received.

·     The concern raised by the adjoining neighbour towards the east is primarily with regard to impact on privacy arising from east facing windows, ground floor and first floor rear decks.  This has been supported in an additional document provided by his planning consultant.

·     The concern of the neighbours opposite related to the reduction of views over the site to the escarpment of Boronia Park.

·     The concerns raised by the neighbours were taken into consideration and the proposal was amended. The amended proposal was renotified and one submission was received.

·     The amended proposal is supported and recommended for approval subject to draft conditions of consent.

 

SITE:

 

The site is located on the southern side of Myee Crescent. The site is irregular in shape with an area of 588.1 m2 and adjoins Lovetts Reserve towards the south. The site falls away from the street.

 

The site features a single storey brick and tile dwelling house with a two storey portion towards the rear and an attached garage along the eastern boundary.

 

Neighbouring to the east and west are single storey brick and tile dwelling houses with two storey portions towards the rear. The dwelling house towards the east has a deck and swimming pool towards the rear.  Site Plan and Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

 

The proposal includes the following:-

 

·     Demolition of the existing dwelling house.

 

·     Construction of a two storey dwelling house comprising:-

­ A living room, a bed room and a bathroom on the lower ground floor;

­ Living areas, a bedroom with an ensuite / WIR and a double garage on the ground floor;

­ A full length rear balcony with a varying width of 2.89m towards the sides and a width of 4.45m towards the middle of the proposed dwelling house on the ground floor;

­ Bed rooms, ensuites and a study on the first floor; and

­ A 5.29m wide rear balcony on the first floor.

 

·     Removal of three (3) fruit trees towards the rear.

 

PREVIOUS APPROVALS/HISTORY:

 

Council’s records do not indicate development applications on the subject property.

 

PROPOSAL DATA/POLICY COMPLIANCE:

 

Site Area (588.1m2)

 

PROPOSED

CODE

COMPLIES

Floor Space Ratio       (max)

0.5

0.5

Yes

Soft Landscaped Area            (min)

38%

35%

Yes

Side Boundary Setback (min)

East side boundary

Ground – 1500mm

Garage-1200mm

First – 3040mm

West side boundary

Ground – 1200mm

First – 1800mm

 

1200mm

1200mm

1500

 

1200mm

1500mm

 

Yes

Yes

Yes

 

Yes

Yes

Overall Height (m)       (max)

8.6m

9.5m

Yes

Ceiling Height (m)       (max)

7.0m

7.0m

Yes

No of Storeys

2

2

Yes

Building Line    (max)

5.5m

7.5m

NO*

Foreshore Building Line (min)

NA

NA

NA

Cut and Fill      (max)

1m

1m

Yes

Deck/Balcony width    (max)

Ground floor

2.89m & 4.45m

First floor

5.29m

3m (if elevated by >1m)

 

NO

 

NO

Solar Access  (min)

3 hours

3 hours to north elevation

Yes

Basix

Certificate Provided

Required

Yes

* Complies with adjoining dwellings and streetscape impact issues

 

REFERRALS:

 

Manager Assets

 

Council’s Engineer has stated that no on-site detention is required as the site falls within the OSD exclusion zone. The applicant is proposing a 3100L rainwater reuse system.

 

Council’s Engineer has provided draft conditions of consent in the event that the application is approved.

 

Manager Parks & Manager Bushland

 

No objection has been expressed for the removal of the three (3) fruit trees towards the rear. The Gordonia street tree would be retained.

 

The proposal allows for a 10m plus buffer zone behind the property, which complies with the requirements of DCP part H- Bushland protection.

 

The proposal would not significantly change the visual aspects of the existing residential allotment where it would be unacceptably prominent.

 

Landscape plans submitted along with the proposal are considered satisfactory. Conditions have been provided which have been included in the draft conditions of consent.


Rural Fire Service

 

The Rural Fire Service has not raised any objection to the proposal and has provided conditions which have been included in the draft condition of consent.

 

APPLICABLE PLANNING CONTROLS:

 

Notwithstanding the recent gazettal of Lane Cove LEP 2009, this application was submitted under the provisions of Lane Cove LEP 1987, and Council is required to assess and determine such applications under the planning controls in force at the time of lodgement; i.e. LEP 87 and the Dwelling House Code.

 

79 (C) (1) (a) the provisions of any Environmental Planning Instrument

 

Lane Cove Local Environmental Plan 1987

 

The subject site is zoned Low Density Residential 2 (a2) under the provisions of Lane Cove Local Environmental Plan 1987.  The proposal is permitted with development consent of Council.

 

Lane Cove Local Environmental Plan 2009

 

There are no additional provisions that need to be considered with respect to the Lane Cove Local Environmental Plan 2009.  Under this LEP the site is zoned R2 Low Density Residential.

 

Lane Cove Code for Dwelling Houses – September 2000

 

As indicated in the policy compliance table, the proposal complies with the provisions of the code, with the exception of front building line and maximum width of balcony.

 

Variations to Council’s Codes/Policies

 

The proposal does not comply with the provisions for front building line and minimum width of balcony however it is considered satisfactory with respect to each of these on the following grounds:

 

Front Building Line

 

·     The street has a reduced front building line. The front setback of the dwelling house towards the east is 5.1m and the dwelling house towards the west is 5.5m. Therefore, a proposed front setback of 5.5m would be consistent with the setbacks of the adjoining properties along the street and is supported.

 

Maximum Width of Balcony:

 

Recent Court Case

 

A reference is made to a recent Land and Environment Court case Burrows and Faulkner vs. Lane Cove Council (2009) NSW L&EC 10855 against Council’s refusal of an application to modify the development consent to demolish the existing rear timber decks and construct a 4.0m wide deck to the rear of 22 Gore Street, Greenwich.

 

Clause 3.6 of Council’s Dwelling House Code states:

 

“Elevated decks, terraces and balconies greater than 1m above natural ground level are not to exceed a width of 3.0m of usable area. The clause does not apply where privacy is not an issue”.

 

The commissioner considered the merits of the proposal and concluded:

 

·     That a 4 metre wide deck would provide greater utility to the applicants than that provided by a 3 metre wide deck.

 

·     That having regard to Standard 3.6 of the Lane Cove Building Code for Dwelling Houses- August 2002, the actual usable area of the deck needs to be taken into account when interpreting the standard. The construction of a fixed louver privacy screen would cure any potential overlooking and satisfy standard 3.6 in relation to privacy.

 

Notwithstanding the decision of the Land and Environment Court, the land and context of the above development application exhibited a limited site access to the rear and the balcony was the only accessible area to the site.

 

The appeal was upheld.

 

With regard to the above it is concluded that not withstanding Clause 3.6 of Council’s Dwelling House Code, where privacy may be an issue, decks wider than 3m may be permitted provided there is a cure for any potential overlooking by the construction of privacy screens and louvers. 

 

Ground Floor Balcony

 

The ground floor rear balcony has a width of 2.89m towards the sides and a width of 4.45m towards the centre of the proposed dwelling house.

 

The eastern portion of the balcony includes a BBQ area, which has a usable width of 2.89m, would have a potential of overlooking the pool area of the adjoining area towards the east. The proposed 1500mm high privacy screen along the eastern edge of the balcony would prevent overlooking from this portion of the balcony. (Refer to draft condition 2). Notwithstanding that this portion of the balcony meets the maximum 3.0m width requirement; a 1500mm fixed horizontal louver privacy screen along the southern edge would prevent overlooking the pool area and still allow views towards the rear. (Refer draft condition 3).  The screen would be 1.33m long and located between the columns indicated on the plan.

 

The middle portion of the proposed balcony, which has a usable width of 4.45m, would have a potential of overlooking the pool area of the adjoining area towards the east. The proposed 1800mm high screen would not adequately cure any potential overlooking from the proposed balcony because there is potential for overlooking in the pool area from the southern edge of the extended middle portion of the proposed balcony. Therefore, the middle extended portion of the balcony is deleted and should be restricted to 3m (Refer to draft condition 4)

 

First Floor Balcony

 

The 5.29m wide first floor rear balcony is significantly elevated and is at a distance from the pool area of the adjoining property towards the east. The proposed balcony is setback from the eastern edge of the proposed building and viewing is restricted by the roof below over the ground floor balcony.  The proposed 1500mm high privacy screen would cure any potential overlooking from the first floor balcony. Therefore, in view of the recent court decision mentioned above and the particular context of this site, it is not considered necessary to reduce the usable width of the first floor balcony. (Refer to draft condition 5 for the installation of a privacy screen).


Other Planning Instruments

 

DCP 1 (Land Adjacent to Bushland)

 

The subject property is adjacent to land zoned Bushland 6(b) and DCP 1 is applicable. The proposal provides for a setback of 14m from the rear boundary which is more than the minimum of 10m required by DCP1. Therefore, it is considered that the proposed development would not adversely impact upon the adjoining bushland.

 

SEPP No 19 (Bushland in Urban Areas)

 

The site is located adjacent to bushland. State Environmental Planning Policy 19 aims to protect and preserve bushland within urban areas.  Clause 6 provides that a person shall not disturb bushland zoned or reserved for public open space purposes without the consent of Council.

 

In view of the nature and scale of the development and an adequate stormwater management system, it is considered that no adverse impact in terms of drainage and sedimentation and to flora and fauna would result from the proposed development. It is considered that the proposal would not adversely impact on the quality of soil on the site and adjoining bushland.

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (the SREP) and Sydney Harbour Foreshores and Waterways Area Development Control Plan for the SREP (the DCP)

 

Under the SREP, within Part 3, Division 2 sets out Matters for consideration which Council is to consider in assessing new development, of the clauses 20-27 listed for consideration, the location and scale of the proposed works would not raise any significant issues.

 

Under the DCP the proposed works would not raise any issues in relation to the two relevant sub-sections, i.e. 5.3 (Siting of buildings and structures) and 5.4 (Built form).

 

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

 

Privacy

 

Following notification of the application, the applicant has amended the plans to take into account neighbour concerns.  A copy of the submission from the applicant’s consultant is attached (AT3).

 

The proposed dwelling house minimises overlooking of adjoining properties. There are no east facing windows on the lower ground floor or the ground floor except a laundry door and a WC window which are obscure and a highlight garage window. The two first floor south facing windows, which have an increased side boundary setback, are highlight windows.

 

The width of the ground floor deck has been reduced as a condition of consent. Privacy screens have been introduced on the ground floor and the first floor deck to ensure that a reasonable level of privacy is maintained between the adjoining properties.

 

Views

 

An objection to the development from the resident of 11 Myee Crescent has been that the proposed development would have an impact on views. 

 

In determining what impact on views would result from a development, the L&EC case Tenacity Consulting vs. Warringah Council (2004) NSW L&EC 347 has become the basis for the planning principle used to examine view sharing. In this Commissioner Roseth framed a series of questions which should be addressed in assessing whether the impact on views is considered unacceptable.  The following is an assessment of the application in terms of these questions which are:-

 

1.         The assessment of the views to be affected. Some views (eg. water views, views of iconic buildings) are valued more highly than others.

 

2.         Consider from what part of the property the views are obtained.  Also, consider sitting or standing views. Protection of sitting views across side boundaries are more difficult than from front and rear boundaries.

 

3.         Assess the extent of the impact.  This should be done for the whole of the property, not just the view that is affected. Views from living areas (including kitchen areas) are more significant than from bedrooms. While the impact could be assessed quantitatively, it is more useful to look at the issue in a qualitative sense and ask whether the view loss is negligible, minor, moderate, severe or devastating.

 

4.         Assess the reasonableness of the proposal that is causing the impact.  Factors include whether the proposal complies with development standards and whether view loss could be ameliorated by better design. Importantly, the Senior Commissioner said that “where an impact on views arises as a result of non compliance with one or more planning controls, even a moderate impact may be considered unreasonable”. View impact from a complying development would probably be considered acceptable, and view sharing reasonable.

 

In assessing the impact on views it is considered that:-

 

1.         The views likely to be affected are not high value in that they are not iconic or of grand vistas or water, but of bushland.

 

2.         The views being impacted are across the front boundary and are thus recognised as being reasonable to protect.

 

3.         Given that there are a wide range of views available and water views are not being impacted it is considered that the impact upon views is minor.

 

4.         The proposal complies with all relevant planning controls, particularly with respect to floor space ratio and overall height and is considered reasonable. In this respect view impact of a complying development is considered acceptable and view sharing reasonable.

 

In view of the above it is considered that the proposal would satisfy the requirements of view sharing principles with 11 Myee Crescent.

 

Overshadowing

 

The proposal presents an acceptable level of overshadowing and is unlikely to significantly impact on the level of solar access to adjoining developments. The shadow diagrams indicate that the windows serving habitable rooms in the adjoining dwelling houses receive 3 hrs of sunlight between 9am & 3pm and in this regard it is considered that solar access would be retained in accordance with the requirements of the DCP.

 

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

 

There exists a single dwelling house on the site. The proposal maintains the residential use of the site. Accordingly the site is considered suitable with respect to the proposed development.

 

 

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

 

The original proposal was advertised in accordance with Council’s policy of Community Consultation. Two submissions were received. The proposal was subsequently amended and re-advertised. One submission was received in response to the amended proposal.

 

The issues raised in the submissions have been addressed below:

 

Resident of 11 Myee Crescent:

 

The proposal would adversely impact upon views of Lane Cove River.

 

Comment

 

The proposal is below the maximum height limit and meets the requirements of view sharing principles as indicated in the report above.

 

Resident of 28 Myee Crescent:

 

The windows to WC, laundry, kitchen and study overlook family room and a bed room.

 

Comment

 

In the amended plans, the laundry door and the WC window have been indicated as obscure up to height of 1500mm. The east facing kitchen window and study window have been deleted.

 

The ground floor rear deck will overlook the pool area.

 

Comment

 

A 1500mm high privacy screen shall be installed along the eastern side edge and a 1500mm high fixed horizontal louver privacy screen shall be installed along the southern side edge of the portion of the ground floor rear deck which is 2.89m wide and indicated as BBQ area (Draft conditions 2 and 3).

 

The middle southern extended portion of the ground floor rear deck is deleted as a condition of consent (Draft condition 4)

 

The first floor rear deck will overlook the pool area.

 

Comment

 

The first floor rear deck is significantly elevated and is at a distance from the pool area. The proposed deck is setback from the eastern edge of the proposed building and screened by the building below. The proposed 1500mm high privacy screen would cure any potential overlooking from the first floor deck. (Refer draft condition 5 for the installation of privacy screen).

 

The usable width of the decks should be reduced to 3m as required by Council’s Dwelling House Code.

 

Comment

 

The width of the ground floor rear deck would be reduced from 4.45m to 3.25m as a condition of consent. It is not considered necessary to reduce the width of the first floor deck as indicated in the report above. The setback of the ground floor rear balcony, including any privacy screens / walls, would be a minimum of 1500mm from the western side boundary. (Condition 6)

 

The side setback is 1.2m which is less than the minimum required.

 

Comment

 

In the amended plans the eastern side setback for the ground floor and the lower ground floor is 1500mm and the setback for the first floor is 3.04m which complies with the requirements of the Dwelling House Code.

 

There appears to be no mention of building a fence on the boundary after the demolition of the garage wall on the southern boundary

 

Comment

 

This is a matter which the applicant and the adjoining neighbour would consider under the Dividing Fences Act.

 

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

 

The proposed development is considered satisfactory with respect to design objectives and provisions under Council’s Code for Dwelling Houses. The proposed development would not create any major environmental impacts. Accordingly it is considered that the proposed development is in the public interest and can be approved subject to appropriate draft conditions.

 

CONCLUSION

 

The application has been assessed having regard to the relevant Planning Instruments and Council controls, as well as public good and suitability of the site. The impact on privacy of the adjoining property towards the east has been ameliorated. The proposal is considered to be satisfactory subject to the following conditions. The matters under Section 79C of the EP&A Act have been considered and are considered to be adequate and satisfactory.

 

 

RECOMMENDATION

 

That pursuant to Section 80(1) (a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D302/09 for demolition of existing dwelling house and construction of a two storey dwelling house at 30 Myee Crescent, Lane Cove West subject to the following conditions;-

 

1.         (20) That the development be strictly in accordance with drawing number 1 to 11, D1 & M1 issue 4  dated 24.02.10 by Krslovic Homes except as amended by the following conditions.

 

2.         A 1500mm high privacy screen shall be installed along the eastern side edge of the portion of the ground floor rear deck which is 2.89m wide and indicated as BBQ area, prior to the issue occupation certificate.

 

3.         A 1500mm fixed horizontal louvre privacy screen shall be installed along the southern side edge of the portion of the ground floor rear deck which is 2.89m wide and indicated as BBQ area, prior to the issue occupation certificate.  The screen will be approximately 1.33m long and located between the 2 columns indicated on the plan.

 

4.         The middle southern extended portion of the ground floor rear deck is deleted. Amended plans shall be submitted prior to the issue of construction certificate.

 

5.         A 1500mm high privacy screen shall be installed along the eastern edge of the first floor rear deck, prior to the issue occupation certificate.

 

6.         The setback of the ground floor rear balcony, including any privacy screens / walls, would be a minimum of 1500mm from the western side boundary.

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

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

 

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

 

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

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

 

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

 

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

 

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

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

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

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

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

 

 

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

 

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

 

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

b)         All reinforcement prior to filling with concrete.

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

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

i)          Stormwater drainage lines prior to backfilling

j)          Completion.

 

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

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing;

 

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

 

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

 

a          Dampcourse level;

b          The establishment of the first floor level;

c          The roof framing; and

d          The completion of works.

 

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

 

22.       (65) Noise from domestic air conditioners is not to be audible in any adjoining dwelling between the hours of 10:00pm and 7:00am on weekdays or between the hours of 10:00pm and 8:00am on weekends and public holidays. 

 

If the noise emitted from the air conditioning unit results in offensive noise, Council may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

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

 

24.       (67) 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

29.       All waste generated on site shall be disposed off in accordance with the submitted Waste Management Plan.

 

 

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

 

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

 

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

 

Tree Conditions

 

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

 

33.       Remove the three (3) fruit trees from the rear of the allotment. Any other tree removal shall be undertaken in accordance with Council’s Tree Preservation Order.

 

34.       (302)  Irrespective of this consent, permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter that are not designated for removal on the approved Plans.

 

35.       (303)  There must be no stockpiling of topsoil, sand, aggregate, spoil or any other construction material or building rubbish on any nature strip, footpath, road or public open space park or reserve.  Any rubbish that is blown into these areas must be immediately cleaned up.

 

36.       (305)  All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974.  If during the course of construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.

 

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

 

38.       (307a)  Any environmental weeds and weeds listed under the Noxious Weeds Act must be continually eradicated from the bushland buffer zone at the rear of the allotment ensuring there is no re-establishment.  Refer to council’s website www.lanecove.nsw.gov.au for further information.

 

39.       (308)  Rubbish must be stored in a locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

 

40.       (315)  The existing Gordonia street tree must be retained. The proposed driveway crossing must be at least 2.5m clear of the centre of the trunk of the street tree.

 

41.       (317)  A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 3m from the trunk of the Gordonia street tree. The tree protection area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection area shall remain undisturbed.

 

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

 

43.       All tree protection measures and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE OR THE COMMENCEMENT OF WORKS, WHICHEVER OCCURS FIRST. This includes demolition or site preparation works, and tree protection measures must remain in place for the duration of the development, including construction of the driveway crossing.

 

 

44.       (321)  There shall be no access through the adjacent park/reserve to carry out any building works, storage of materials, storage of soil or storage of rubbish during construction.

 

45.       (332)  During construction / landscaping the designated environmental area within the property and adjacent public bushland area must be kept clean of all building materials and rubbish.  Any rubbish that is blown into these areas must be immediately cleaned up.

 

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

 

47.       The location of the stormwater outlet from the stormwater detention facility must be positioned outside the bushland buffer zone and as close as practicable to the rock outcrop.

 

48.       (370)  There must not be any filling or stockpiling of soil or building materials or dumping of building rubbish in the designated buffer area within the property.

 

49.       The landscape plans submitted with the proposal are to the satisfaction of Council and must be adopted as part of this consent. Any additional landscaping at the rear of the allotment must be sympathetic to the bushland area and planted trees and understorey plant material must be indigenous to the lane cove area.

 

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

 

51.       The NSW Rural Fire Service has specified that the entire property shall be managed as an inner protection area (IPA).     Therefore any landscaping works must comply with section 4.1.3 and Appendix 5 of “Planning for bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.  

 

Rural Fire Service Conditions

 

52.       Asset Protection Zone

 

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building.          

           

            At the commencement of the building works and in perpetuity the entire property shall be managed as an ‘Inner Protection Area’ (IPA) as outlined within section 4.1.3 and appendix 5 of ‘Planning for Bushfire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

 

53.       Water and Utilities

 

            The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bushfire, and to locate gas and electricity so as not to contribute to the risk of fire to a building.

 

            Water, electricity and gas are to comply with section 4.1.3 of ‘Planning for Bushfire Protection 2006’.

 

 

54.       Access

 

            The intent of the measures for internal roads is to provide safe operational access for emergency services personnel in suppressing a bush fire, while residents are accessing or egressing an area.     

 

            To aid in fire fighting activities, unobstructed pedestrian access to the rear of the property shall be provided and is to be maintained at all times.

 

55.       Design and Construction.

 

            The intent of the measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. 

 

a)   New construction shall comply with Australian Standard AS3959-1999 ‘Construction of buildings in bushfire prone areas’ Level 3.

 

b)   There is to be no exposed timber on the eastern, southern and western elevation(s) of the proposed building.

 

c)   External glazed elements and assemblies and external doors on the eastern, southern and western elevations shall:

·     Window frames and hardware shall be metal;

·     Glazing shall be toughened glass, minimum 5mm;

·     Seals to stiles, head and sills or thresholds shall be manufactured from materials having a flammability index no greater than 5;

General Engineering Conditions

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

65.       (F1) Overland Flow around Buildings:  To prevent stormwater from entering the building the finished habitable ground floor level of the building must be a minimum of 150mm above the adjacent finished ground level.

 

66.       (R1) Rainwater Reuse Tanks:  The proposed rainwater tank is to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards.

            Note:

            Rainwater draining to the reuse tank is to drain from the roof surfaces only. No “on - ground” surfaces are to drain to the reuse tank.  “On - ground” surfaces are to drain via a separate system.

            Mosquito protection & first flush device shall be fitted to the reuse tank.

            The overflow from the rainwater reuse tank is to drain by gravity to the receiving system.

 

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

            All roof areas are to drain to the reuse system with overflow to the dispersal trench system

            All other areas to drain to the dispersal  system

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

            The design and construction of the drainage system is to fully comply with, AS-3500 and Council's DCP-Stormwater Management. The design shall ensure that the development, either during construction or upon completion, does not impede or divert natural surface water so as to have an adverse impact upon adjoining properties.

 

Engineering conditions to be complied with prior to Construction Certificate

 

68.       (D2) Drainage plans amendments: The stormwater drainage plan 021209 prepared by Aztec Engineers dated December 2009 is to be amended to reflect the above condition titled ‘Stormwater requirement’. The amended design is to be certified that it fully complies with, AS-3500 and Council's DCP-Stormwater management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.

            The Principle Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate for the purposes of construction. They are to determine what details, if any are to be added to the Construction Certificate plans, in order for the issue of the Construction Certificate.

 

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

 

70.       (A10) Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, carparks, landscaping and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed garage or carport shall be determined by council.

 

71.       (V8) Car parking. All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series. The plans shall contain the following details:

            - Longitudinal section along the extreme wheel paths of the driveway/access ramp at a scale of 1:20 demonstrating compliance with the scaping provisions of AS2890.1. It shall include all levels and grades, including those levels stipulated at boundary levels, both existing and proposed. It shall extend from the centre line of the roadway through to the parking area.

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

            The design and certification shall be submitted to the Principle Certifying Authority prior to the issue of the Construction Certificate.  

 

72.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $1000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

Engineering condition to be complied with prior to commencement of construction

 

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

 

 

 

Engineering Condition to be complied with prior to Occupation Certificate

 

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

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

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

2 Pages

 

AT‑2 View

Neighbour Notification Plan

1 Page

 

AT‑3 View

Consultant on behalf of applicant (Greenfields)

4 Pages

 

 

 


Ordinary Council Meeting 21 June 2010

 

Environmental Services Division Report No. 221

 

 

 

 

 

Reference:    Environmental Services Division Report No. 221

Subject:          109A Northwood Road, Northwood

Inspection Committee after considering this matter referred this Report to the Ordinary Council Meeting to be held on the 21 June 2010.   

Record No:    DA10/30-01 - 15654/10

Author(s):       Rajiv Shankar 

 

 

Property:                     109A Northwood Road, Northwood

 

DA No:                         D30/10

 

Date Lodged:              5 March 2010

 

Cost of Work:              $50 000

 

Owner:                                    C Barlow

 

Applicant:                    MacCormick Simonian Architects

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Construction of a swimming pool

ZONE

Lane Cove Local Environmental Plan 2009-

R2 – Low Density residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 10b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                  94, 101A, 111, 111A, 105, 107, 109, 111B, Northwood Rd.

Ward Councillors       Clr W Gaffney, Clr D Brooks-Horn, Clr P Palmer, Clr R Tudge

Progress Association Northwood Action Group

Other Interest Groups Lane Cove Bushland & Conservation Society

 

REASON FOR REFERRAL:

 

This application is referred to the Planning and Building Committee because the pool is proposed beyond the foreshore setback line.

 


EXECUTIVE SUMMARY:

·     The proposal is for the construction of a swimming pool which would be wholly within the foreshore setback line.

·     The pool would not be generally visible or prominent from Woodford Bay.

·     A pool already exists within the foreshore setback line on a nearby property towards the north. The owner of this property has lodged a submission objecting to the proposal.

·     The proposed pool although within the foreshore setback, is considered not to adversely impact the scenic amenity of the Sydney Harbour Foreshore.

·     The proposal is recommended for approval subject to draft conditions of consent.

 

SITE:

The site is located on the western side of Northwood Road and is a waterfront battle axe lot. The access to site is from a driveway constructed along the southern boundary of 109 Northwood Road.  Development consent (DA 09/238) was granted on 16 December to the erection of a dwelling house on the site.  The approved dwelling house is to be located behind the foreshore setback line.  The site is currently vacant with a series of retaining walls. There are a few trees on the site.

 

Neighbouring to the south is a two storey brick and tiled dwelling house. Towards the north is a rear open space of the adjoining dwelling house. Towards the east there is a two storey dwelling house.  Site Plan and Notification Plan attached (AT1 and AT2).

 

PROPOSAL:

The proposal includes the following:-

·     An in ground pool.

·     A pool plant room within the footprint of the approved dwelling house.

 

PROPOSAL DATA/POLICY COMPLIANCE:

SWIMMING POOLS

Site Area (880 m2)

 

 

Proposed

Control

Complies?

Location

The pool is behind the front building line towards the rear

Behind the front building line and not on elevated decks

Yes

Foreshore setback line

The pool is proposed within the foreshore setback line

No structures within the foreshore setback line

No

When viewed from waterways and foreshore areas

Pool not substantially elevated. The wall clad with sandstone.

Not adversely affect the amenity and outlook of neighbourhood.

Yes

Setback to Neighbour’s House (min)

8m

3m to waterline

Yes

Setback to boundary (min)

2.2m

1m to waterline

Yes

Height (max)

(steeply sloping sites)

 

1.39m to 1.2m

1m

1.8m   

 

Yes

Setback from boundary if coping is above ground level (existing)(min)

2.2m

Coping to be set back at a ratio of 1:1

(1.39m)

Yes

Setback from trees >5m in height (min)

NA- No trees in the vicinity

3m

NA

Location of pool pump/ filter

Located in the sub-floor of the approved dwelling house

As far as practical from neighbouring properties.

Yes

 

REFERRALS:

 

Manager Assets

 

The Manager of Assets has considered the proposal and has not raised objection to the pool.  Draft conditions of consent have been suggested.

 

Manager Parks

 

No objection expressed subject to conditions which have been included in the draft conditions of consent.

 

79 (C) (1) (a) the provisions of any Environmental Planning Instrument

 

Lane Cove Local Environmental Plan 2009

 

The subject site is zoned R2- Low Density Residential under the provisions of Lane Cove Local Environmental Plan 2009.  The proposal is permitted with development consent of Council.

 

Lane Cove Development Control Plan

 

As indicated in the policy compliance table the proposal complies with the provisions of the DCP, except the location in relation to the foreshore setback line.

 

Clause 5.1.3 of the DCP- Foreshore Setback Line states:

 

A proposed dwelling, alterations or any other structure will not be approved between the River and the Foreshore Setback Line.

 

The proposed pool is proposed beyond the foreshore setback line.

 

Variations to Council’s Codes/Policies

 

The proposal does not comply with the provisions for Foreshore setback line, however it is considered satisfactory on the following grounds:-

 

·     The pool is substantially within the ground.

·     The pool is proposed to be built abutting the foreshore setback line and remains at variable distances of between 13m and 17m from the shore/ rear boundary of the site.

·     The portion of the pool which is elevated above the ground is because of the slope of land.

·     The western wall of the proposed pool would be clad with sandstone and have screen planting. (already proposed by the applicant and required by draft condition 2)

·     A stone wall of similar height is already present in the location where the pool is proposed.

·     The pool would not be highly visible or prominent from Woodford Bay.

·     A pool already exists within the foreshore setback line on the second adjoining property towards the north.

 

Other Planning Instruments

 

SEPP 55 – State Environmental Planning policy No.55 – Remediation of Land

 

In accordance with Clause 7 of this instrument, Council is required to consider whether land is contaminated prior to granting consent to carrying out of development on this land. Notwithstanding that site investigations have not been carried out, the current and previous use of the site and surrounding sites have been for residential purposes and unlikely that that there has been any high risk uses. Accordingly, contamination of the site is unlikely to be an issue.

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (the SREP) and Sydney Harbour Foreshores and Waterways Area Development Control Plan for the SREP (the DCP)

 

Under the SREP, within Part 3, Division 2 sets out Matters for consideration which Council is to consider in assessing new development.  The western wall of the proposed pool would be clad with sandstone and have screen planting.  The pool would not be generally visible or prominent from Woodford Bay. Of the clauses 20-27 listed for consideration, the location and scale of the proposed works would not raise any issues.

 

Under the DCP, for reasons stated above, the proposed works would not raise any significant issues in relation to the two relevant sub-sections, i.e. 5.3 (Siting of buildings and structures) and 5.4 (Built form).

 

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

 

The pool would not be generally visible or prominent from Woodford Bay. A stone wall of similar height is already present on this part of the site where the pool is proposed and retaining walls are common features on sites in this location. The proposed western stone clad wall would substantially be replacing the existing stone wall. It is considered that the proposed development would not impact upon the visual amenity of the water front.

 

The creation of the plant room is within the existing undercroft of the approved dwelling house and would not increase the building bulk of the already approved dwelling house.

 

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

 

The proposal maintains the residential use of the site. Accordingly the site is considered suitable with respect to the proposed development.

 

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

 

The proposal was advertised in accordance with Council’s policy of Community Consultation. One submission was received. The issues raised in the submission have been addressed below:

 

Why a pool should be constructed below the foreshore building line:

Comment: The proposed pool is considered acceptable for the same reasons mentions under the heading “Variations to Council’s Codes/Policies” in the report above.

 

Can the objector extend his dwelling house right down to the waterfront.

Comment: Extension of a house is a very different matter and would be substantially above the ground which is not the case in this proposal.

 

 

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

 

The proposed development is considered satisfactory with respect to the objectives and provisions under Council’s Development Control Plan. The proposed development would not create any major environmental impacts. Accordingly it is considered that the proposed development is in the public interest and can be approved subject to appropriate draft conditions.

 

CONCLUSION

 

The application has been assessed having regard to the relevant Planning Instruments and Council controls, as well as public good and suitability of the site. The pool would not be generally visible or prominent from Woodford Bay. The proposal is considered to be satisfactory subject to the following draft conditions and would not adversely impact the scenic amenity of the Sydney Harbour foreshore.  The matters under Section 79C of the EP&A Act have been considered and are considered to be satisfactory.

 

 

RECOMMENDATION

 

That pursuant to Section 80(1) (a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grant consent to Development Application D30/10 for the construction of a swimming pool at 109A Northwood Road, Northwood subject to the following conditions:-

 

1.         (20) That the development be strictly in accordance with drawing number (job no. 0912) DA00, DA01 to DA04 Revision C dated 22.3.10 by MacCormick Simonian Architects except as amended by the following conditions.

 

2.         The western wall of the proposed pool is to be clad with rough sawn sandstone and have screen planting.

 

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

 

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

 

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

 

            The consent authority or a private accredited certifier must:-

 

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

 

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

 

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

 

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

 

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

 

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

 

14.       (52) The swimming pool being surrounded by a fence:-

 

a) That forms a barrier between the swimming pool; and

 

i)   any residential building or movable dwelling situated on the premises; and

ii)   any place (whether public or private) adjacent to or adjoining the premises; and

 

b) That is designed, constructed and installed in accordance with the standards as prescribed by the Regulations under the Swimming Pool Act, 1992, and the Australian Standard AS1926.1 – 1993, “Swimming Pool Safety – Part 1: Fencing for Swimming Pools”.

 

      SUCH FENCE IS TO BE COMPLETED BEFORE THE FILLING OF THE SWIMMING POOL.

 

15.       (53) The filter and pump being located in a position where it will create no noise nuisance at any time or, alternatively, being enclosed in an approved soundproof enclosure.  If noise generated as a result of the development results in an offensive noise Council, may prohibit the use of the unit, under the provisions of the Protection of the Environment Operations Act 1997.

 

16.       (54) In accordance with the requirements of the Swimming Pools Act 1992 and Regulations thereunder a warning notice is to be displayed in a prominent position in the immediate vicinity of the swimming pool at all times.

 

The notice must be in accordance with the standards of the Australian Resuscitation Council for instructional posters and resuscitation techniques and must contain a warning "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS POOL".

 

17.       (55) Fibrecrete Swimming Pool Shell being constructed in accordance with AS.2783-1985 "Concrete Swimming Pool Code, AS 3600-1988 - "Concrete Structure" and "AW1 Fibresteel Technical Manual, November 1981".

 

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

 

a)         Pool reinforcement prior to placement of concrete.

b)         The swimming pool safety fence and the provision of the resuscitation poster prior to filling of the pool with water.

c)         Stormwater drainage lines prior to backfilling

d)         Completion.

 

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

 

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         pool structure.

 

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

 

a          The completion of works.

 

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

 

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

 

22.       (67) 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

25.       All waste generated from the site shall be disposed off in accordance with the submitted Waste Management Plan.

 

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

 

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

 

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

 

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

 

29.       (302)  Irrespective of this consent, permission from Council must be obtained for the removal or pruning of any trees, including the cutting of any tree roots greater than 40 mm in diameter that are not designated for removal on the approved Plans.

 

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

 

31.       (305)  All Aboriginal sites and relics in NSW are protected under the National Parks and Wildlife Act 1974.  If during the course of construction an Aboriginal site or relic is uncovered, works must cease and the Metropolitan Local Aboriginal Lands Council and the NSW National Parks and Wildlife Service must be notified immediately.

 

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

 

33.       (308)  Rubbish must be stored in a locked container / cage.  Any building rubbish that is not contained must be cleaned up immediately, including the immediate worksite, surrounding area and/or public open space.

 

34.       (317) A 1.8 m high chain mesh fence shall be erected across the allotment and located 2m west of the proposed pool arena.  The tree protection area shall not be used for the storage of building materials, machinery, site sheds, and soil levels within the tree protection area shall remain undisturbed.

 

 

35.       (366)  There must be no soil disturbance within the tree protection area, including any activities associated with the construction other than topdressing on completion of the landscaping works to a maximum of 50mm, within the approved tree protection zones of the trees shown on the approved plan to be retained.  All activity within the Tree Protection Area must be undertaken with hand tools.

 

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

 

37.       All tree protection measures and signage must be erected PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE OR THE COMMENCEMENT OF WORKS, WHICHEVER OCCURS FIRST. This includes demolition or site preparation works, and tree protection measures must remain in place for the duration of the development, including construction of the driveway crossing.

 

38.       (354)  Footing, trench or excavation that is within 3m of any tree greater than  4m in height; including neighbouring trees, must be carried out using hand held tools only with no tree roots greater than 40mm diameter to be severed or damaged.

 

General Engineering Conditions

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

47.       (W2) Pool construction stormwater: The stormwater runoff from the new impervious areas surrounding the pool shall be connected to the proposed drainage system in accordance with the requirements of Lane Cove Council’s DCP Stormwater Management.

 

Engineering conditions to be complied with prior to Construction Certificate

 

48.       (W1) Pool construction The pool design shall ensure that either during construction or upon completion, surface water is not directed or diverted so as to have an adverse impact upon adjoining properties.

            Council accepts no liability for any damage to the pool as a result of overland flows or high tide inundation. The property owner shall submit written acceptance of liability of any damages prior to the issue of the Construction Certificate

 

49.       (D1) Excavation greater than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

            The applicant shall:-

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

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

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

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

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

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

           

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

            Sydney Water Approval: The approved plans must be submitted to Sydney Water to determine whether the development will affect Sydney’s Waters sewer main which affects this property. If the development complies with Sydney Water’s requirements, the approved plans will be appropriately stamped and submitted to the principal certifying authority prior to the issue of the Construction Certificate.

 

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

 

51.       (T2) Design of pool structure: The proposed concrete pool is to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all

relevant design codes and Australian standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate

 

52.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $1000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

 

53.       (C1) Erosion and Sediment Control Plan: Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction Fourth Edition 2004 Volume 1’’ prepared by LANDCOM. The plan needs to include sediment fencing erected along the top of the overhang to prevent incidental spillage or any erosion sediment impacting on the rock shelter below. This plan is to be submitted to the principal certifying authority to prior to the issue of the Construction Certificate.

 

Engineering condition to be complied with prior to commencement of construction

 

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

 

55.       (D7) Temporary Fencing: Temporary fencing needs to be erected around the opening of the rock shelter site in line with the existing retaining wall and path, such that no adverse impacts occur to the site prior to the start of any works on the site.

 

Engineering Condition to be complied with prior to Occupation Certificate

 

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

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

 

Michael Mason

Executive Manager

Environmental Services Division

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan

1 Page

 

 

  


Ordinary Council Meeting 21 June 2010

 

Order Of The Day No. 8

 

 

 

 

 

Reference:    Order Of The Day No. 8

Subject:          Council and Committee Meeting Schedule - July 2010    

Record No:    SU1915 - 15226/10

Author(s):       Kirsty Fleming 

 

 

 

The Council and Committee Meeting Schedule for the July 2010 is proposed as follows:-

 

July                  19                    Ordinary Council

                                                Planning and Building Committee

                                                Services and Resources Committee

 

July                  31                    Inspection Committee

 

 

 

RECOMMENDATION

 

That the Council and Committee Meeting Schedule for July 2010 be adopted.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 21 June 2010

 

Order Of The Day No. 12

 

 

 

 

 

Reference:    Order Of The Day No. 12

Subject:          2010 Gunnedah Womens Forum    

Record No:    SU846 - 23565/10

Author(s):       Ian  Naylor 

 

 

Executive Summary

 

The purpose of this report is to advise Council that our sister city Gunnedah Shire Council is holding a Womens Forum on 28 – 29 July 2010 themed “Shaking The Branches of Local Government”.  It is recommended that Council give consideration to endorsing delegates to represent Council at the forum.

 

Discussion

 

Council has received correspondence from Gunnedah Shire Council advising that they are holding a Womens Forum on 28-29 July (see program attached as AT 1) to celebrate the Year of Women in Local Government.  The forum is themed “Shaking The Branches of Local Government”.

 

The Mayor and Deputy Mayor of Gunnedah Shire Council are keen to make this event a success and has asked if Council would consider sending some delegates.

 

The Mayor, Win Gaffney and Deputy Mayor, Pam Palmer have indicated to the General Manager that they would be interested in attending the forum.

 

The cost for registration, travel and accommodation would be approximately $370.  There are funds available in the 2009/10 Budget to cover the cost for this forum.

 

 

RECOMMENDATION

 

That Council give consideration to sending delegates to Gunnedah Shire Council’s Womens Forum to be held in Gunnedah on 27-28 July 2010.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Information for Councillors on 2010 Gunnedah Womens Forum

7 Pages

 

 

   


Ordinary Council Meeting 21 June 2010

 

General Managers Report No. 9

 

 

 

 

 

Reference:    General Managers Report No. 9

Subject:          Lane Cove Market Square Parking    

Record No:    SU1460 - 22609/10

Author(s):       John Lee 

 

 

Executive Summary

 

This report combines an analysis of the implications for a reduction of the car parking fee to $2.00 for the 3rd hour, a proposal to consider the Level 2 pan handle (to the left immediately on entry into the Lane Cove Market Square carpark) for seniors parking and an update on the implementation of ticketless paid parking

 

Background

 

At the Ordinary Meeting on 3 May 2010, Council resolved that a report on the cost to Council of reducing the Lane Cove Market Square car parking fee to $2.00 for the 3rd hour be submitted to the Council meeting on 21 June 2010.  At the meeting on 7 June 2010, Council requested a report considering the use of the carspaces in the Level 2 pan handle for seniors parking.

 

Level 2 Pan Handle Parking Area

 

Before discussing the merits of setting aside spaces within the market square for special groups, it is necessary to discuss the practical problems associated with the Level 2 pan handle.

 

Originally, the Level 2 pan handle was set aside in the development for 20 residential spaces.  In context of the development this area was never a “premier parking area” to the development.  It was intended that resident parking in the pan handle was accessed via a security grill.  The number of movements associated with the 10 units would be in the order of 80 vehicles per day based on RTA traffic generation guidelines.

 

The layout of the carpark internally and private driveways within the entry aisle posed significant problems to be resolved if paid parking was to be introduced.  The inclusion of a fitness first gymnasium in the development further complicated the situation as not only were the parking spaces made public but introduced a 4 way intersection immediately on entry.  The location of an entry control also posed potential queuing and congestion problems external to the development impacting on traffic between Sera Street and Austin Street. 

 

What this means in practice is that a median to eliminate the 4 way intersection and a separate exit for the level 2 pan handle and the private access was required.  As a consequence, it was not feasible to introduce paid parking with sufficient queuing distance with the Level 2 pan handle area included.

 

At its meeting on 6 October 2009, Council adopted the Lane Cove Market Square Parking Strategy as set out in the General Managers Report No. 23.  Part of that strategy was to offer prepaid permits for utilisation of spaces within the pan-handle areas of the carpark at $300 / month or $3600 / year”.  At its meeting on 6 November 2009, Council also adopted the Traffic Committee recommendations for the carpark traffic management plan based on Lane Cove Market Square Parking Strategy.

 

Based on surveys undertaken, the practice of moving vehicles within carparks to avoid overstay detection by rangers is a common practice indicating that some spaces within our outdoor carparks are regularly used in excess of the maximum of 3 hour regulated parking by those who work in Lane Cove CBD.

Similar evidence is available in the Lane Cove Market Square carpark where up to 85 (average 58) vehicles stay in the carpark per day in excess of the regulated parking limits and up to 42

(average 24) stay in excess of 5 hours.

 

The ticketless parking system has been implemented based on the Lane Cove Market Square Parking Strategy already adopted by Council.  The entry boom gate is located immediately after the level 2 pan handle exit lane and immediately before the pedestrian crossing to/ from the Level 2 lobby.  Its two fold function improves the safety of pedestrians emerging into the main entry aisle from behind a column and provides a control to prevent exit without payment.

 

The pan handle exit is separate from the main carpark exit as a practical solution to resolving private access particularly from Electronics Today, Holgate and adjacent properties.  This means that unless additional APNR cameras are installed, the level 2 pan handle cannot be effectively managed even as a 2 hour regulated parking area.  It is also not possible to physically locate informational signage about free / paid parking areas after the Level 2 pan handle to enable a 2 hour regulated parking area in the pan handle to be enforced without the risk of confusion caused from the commencement of paid vs regulated parking.  Consideration was given to providing additional disabled parking in the level 2 pan handle, however the clearance available does not meet the AS 2890 requirements for such parking.

 

Given that the APNR cameras detect those vehicles which stay in the carpark longer than the free period whether or not they change spaces or leave the carpark and re-enter within 1 hour, and given that parking well in excess of 2 hours free is permitted, the strategy to offer prepaid permits for utilisation of spaces within the pan-handle areas of the carpark at $300 / month or $3600 / year is the most cost effective way of managing the limited number of spaces (13) in the pan handle.

 

To date the electronic information board installed by Fabcot P/L (Woolworths) showing available parking spaces (including the number of small car spaces located at the far end of the pan handle) has not worked effectively largely due to the path of travel of vehicles entering and leaving the pan handle.  The problem with incorrect information on the number of spaces available, increases the number of vehicles entering the pan handle only to find no spaces available.  As a consequence, any driver not finding a space in the pan handle would be required to turn right out of the pan handle, leave and re enter the carpark via the roundabout as the ticketless system has not been designed to trigger the entry boom gate to vend open and allow a left turn out of the level 2 pan handle into the main carpark.

 

The strategy to use the Level 2 Pan Handle area for prepaid permit parking solves all of the problems outlined above.  The advantage of managing the level 2 pan handle using prepaid permits are:-

a)         Reduced vehicle movements from the pan handle across the entry traffic and hence reduced potential vehicle conflicts;

b)         Only permit holders would be authorised to park in the pan handle.  This ensures that Council receives fair payment for use of these spaces, estimated at $46,800 annually.

c)         Spaces otherwise regularly used by vehicles for lengthy periods are kept available for other patrons; and

d)         Because vehicles have prepaid permits, the management of the carpark using APNR cameras / ticketless parking technology does not need to track their movements in and out of the pan handle with associated additional equipment including 2 extra cameras, one extra autopay machine and entry and exit boom gates.

 

Seniors Parking Permits

 

As discussed in the previous section, there are inherent difficulties in managing parking within the level 2 pan handle.  Should Council decide that seniors parking spaces are required, it is more preferable that 4 spaces be set aside in the Level 1 (Upper Level) pan handle adjacent to the Woolworths staff parking spaces.  It is noted, however, that the average distance a person needs to walk within the carpark on level surface to the lift is 40 m and the furthest distance is 93m.  This compares favourably to the distance between the Plaza and seniors parking spaces located in Rosenthal Avenue carpark or between the Council Offices and seniors parking spaces located in Little Lane carpark.

 

In reality, any person over 60 holding a seniors card with a disability, is likely to hold a Mobility Parking Scheme card or similar for eligibility to park in disabled parking spaces located near the lifts in the pan handle on level 3.  Further, senior card holders generally have time to find parking within the development.

 

Also as discussed above, following Council’s resolution in October 2009, the ticketless parking management system has not been designed to capture parking in the level 2 pan handle.  

 

Considerable thought and innovation has been required to design and implement paid parking into the Lane Cove Market Square.  As outlined in the next section, the system is in the final testing stages of implementation.  Having the level 2 pan handle set aside for prepaid permits is the most effective management strategy to resolve the problems associated with this difficult area, and one already adopted by Council.  Whilst we have received a number of enquiries from persons interested in purchasing permits, arrangements have been kept on hold pending final testing. 

 

Fee Reduction

 

The carpark is currently operating with greater than 93% of visits lasting less than 2 hours, with 4% staying 3-4 hours and 3% staying in excess of 3 hours.  Daily patronage for the survey period 18 May – 9 June 2010 (excluding 30/5-3/6) averaged at 2,100 vehicles per day (2810 max). 

Note: The survey period excludes a period where the data was unavailable or where extensive testing of the system was being undertaken.

 

These daily totals are at a level of equivalence in turnover of each space in the order of 7 times per day and confirms previous advice that the right balance exists to achieve turnover without regularly exceeding capacity.

It is of significant note from the following chart that in the survey period, 80% of vehicles which stayed in the carpark between 2 and 3 hours did not do so more than once, and a further 13% only stayed twice.  Over the survey period, 39 separate vehicles were identified having stayed longer than 6 hours on more than 3 occasions.  It is likely that some of these vehicles will be prepared to pay to stay all day 

 

Data from the APNR cameras indicates that between 80 and 115 vehicles per day can be expected to stay in the Lane Cove Market Square between 2 hours and 3 hours per day, as shown in the following chart.

The following graph provides a similar comparison between those who park on a daily basis for 2-3 hours, and an aggregation of those in excess of 3 hours

Conservatively, assuming between 70 and 80 vehicles per day will be required to pay, the annual reduction in revenue associated with a $2.00 charge (ie a $2.50 reduction from $4.50) for 2-3 hours is estimated between $63,000 and $72,000.  As previously indicated, net revenue was expected to be in the order of $200,000 per year, a significant portion of which comes from parking revenue in the 2-3 hour period.

 

The additional parking within the Lane Cove Market Square has assisted in a recent increase of 53 x 3 hour parking spaces (to a total of 128 in Rosenthal Car Park and 35 in Sera St), all in close proximity to the Plaza.  There is now ample opportunity within the Village to park free for visits 3 hours.

 

Ticketless Parking Update

 

The ticketless parking system is undergoing final stages of testing with a view to commence the 2 week education phase from Thursday, 1st July 2010.  Because the system has significant potential for use in other carparks both municipal and private, the installation has taken slightly longer than originally anticipated through detailed research and development on site.

 

The system will allow drivers who regularly park in excess of the free period to preregister their credit details with Council similar to RTA tolls so that the exit boom will vend open without redirection to the autopay machine.

 

A number of refinements to the system are being considered for implementation within 12 months to respond to suggestions for improvement.  These include:-

 

a)      Camera Technology Improvements for Vehicle Type and Disabled Permit Holder Recognition

 

This improvement is being progressed by the Camera manufacturers.  If successful, it would enable Council to offer discounted parking rates, as examples, for eco-friendly vehicles and where mobility parking permits are on display.

 

Preregistration of vehicles with mobility or seniors parking permits might be an interim solution to provide free or discounted parking for 2-3 hours to the permit holders.

 

b)         Retailer Registration

 

Retailers in the Village such as hairdressers or restaurants would be able to enter registration details through a web based browser linked to the system which would deduct from the charges otherwise owing from parking charges accepted by the retailer.

 

Conclusion

 

The additional parking within the Lane Cove Market Square has assisted in a recent increase of 53 x 3 hour parking in close proximity to the Plaza.  There is now ample opportunity within the Village to park free for visits of 3 hours.  In contrast to parking in our outdoor carparks, there are significant costs associated with maintaining the Lane Cove Market Square as a multideck carpark involving electricity, mechanical ventilation, lighting, cleaning, fire services, security, opening and closing, structural maintenance, insurance and depreciation. 

 

For the reasons outlined in the report, the Lane Cove Market Square Parking Strategy already adopted by Council which set the fees for 2-3 hours at $4.50 and included a permit based strategy for managing the level 2 pan handle is appropriate as the way forward in implementing paid parking from 1 July 2010.  Reducing the fee to $2.00 for the 2-3 hour period or locating seniors parking within the level 2 pan handle is estimated to reduce the income to Council by $62,000 and $46,800 respectively.

 

Should Council decide that Seniors Parking spaces are required, it is suggested that the Traffic Management Plan for Lane Cove Market Square be amended to include 4 Seniors Parking spaces within the Level 1 (upper level) pan handle.

 

 

 

 

RECOMMENDATION

 

That Council:-            

 

1.   Receive and note the report on Lane Cove Market Square Parking; and

 

2.   Endorse 4 spaces within the level 1 pan handle of the Lane Cove Market Square carpark for Seniors Parking.

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 21 June 2010

 

Corporate Services Division Report No. 37

 

 

 

 

 

Reference:    Corporate Services Division Report No. 37

Subject:          Results of Consultation on the 2010 - 2013 Management Plan and Budget    

Record No:    SU237 - 23237/10

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

This report advises that following public exhibition and receipt of six web surveys and three written submissions, Council can now proceed to adopt the Management Plan, Budget, for 2010 – 2013 and the Fees and Charges for 2010 - 2011, with a number of minor amendments.

 

Background

 

Council at its meeting of 3 May 2010, considered Corporate Services Division Report no. 23, Draft Budget and Management Plan 2010 - 2013 and resolved that:-

 

1.        Council adopt for the purpose of public exhibition, the Draft Budget for the year to 30 June 2010 to 2013, Draft Management Plan for 2010 to 2013 and Draft Fees and Charges 2010/11;

2.         Council proceed to public exhibition as per the consultation strategy outlined in the report; and

3.         Following public exhibition, the Draft Management Plan, Draft Budget and Draft Fees and Charges together with any submissions received, be considered at the Council meeting to be held on 21 June 2010.”

 

Discussion

 

Consultation Process

 

Prior to exhibition the changes outlined in the resolution were implemented. Consultation was undertaken up until 14 June 2009 as per the consultation strategy outlined in the previous report. It included:-

 

·     static public exhibitions at the Council Administration Centre and Libraries;

·     an email to all registered members of the community interested in any matter Council consults on;

·     a website exhibition and survey;

·     a Media Release was issued; and

·     colour public notice in the North Shore Times.

 

 

Consultation Results

 

Council received 7 web surveys and 53 submissions. Full copies of the submissions have been circulated separately to Councillors.

 

1.         a. It needs to be made easier to locate specific items in budget (more details in Index).

b. Lane Cove needs to continually upgrade community facilities especially Sports Grounds.

 

            Comment

 

a.  Budget highlights are included in the exhibition panels to assist the community in identifying key changes. As the budget is diverse it is difficult to summarise it.

b.  The Budget provides for Blackman Park fields to be re-levelled over a two period, consideration can be given to Pottery Green once completed. Improvements have also recently been undertaken at Bob Campbell Oval.

 

2.         Proposing the levelling of the playing field at Pottery Green as well as Blackman Park.

 

            Comment

 

            It is proposed to re-level Blackman Park fields over a two period, consideration can be given to Pottery Green once completed, as Blackman is in greater need.

 

3.         42 requests to increase Budget for cycling infrastructure from $50,000 to $400,000 for and/or allocate at least 10% of the sustainability levy towards sustainable transport facilities

 

            Comment

 

            Council completed its Bicycle Plan in 2009. Like the many other issue plans Council has completed, eg the Social Plan, Cultural Plan, Sustainability Plan etc, the plan was developed to identify and prioritise the needs, so that Council’s expenditure in that area can achieve the best outcome for the money available. They also provide an excellent means to attract grant funding from other levels of government. In relation to cycling infrastructure, at this stage Council has increased its commitment 100% compared to the previous financial year, from $50,000 to $100,000. At this stage the RTA have not been forthcoming with grant funding, however, this will continue to be pursued. Ultimately Council’s financial position means that an increase in cycling infrastructure would need to be funded by:-

a.    a reduction in another program area;

b.    the use of s94 Development Contribution funds in the medium term to supplement Council’s funds. Development Contributions will flow more quickly in the coming years due to the Metro Strategy; or

c.    the implementation of a levy, for example an infrastructure levy. The current Sustainability Levy is fully allocated, use of funds from the levy for cycling will delay other projects. Other Council’s such as Kur-ring-gai and North Sydney, have introduced an infrastructure levy, to both replace ageing infrastructure and new infrastructure in line with the communities needs. Such a levy would need extensive consultation and could not be implemented until at least the 2011- 2012 financial year.

 

4.         Congratulating Council on allocating 'substantial funding' for much needed improvements to Greenwich Neighbourhood shopping precinct.

 

5.         Sustainability funds to be used for sustainability measures, not graffiti clean up which should be considered a "Council Maintenance" expense.

 

Comment

 

Graffiti Removal has been included in the Levy from Year 1 and was clearly indicated in the initial consultation for the levy and in the information sent to the Minister for the initial approval.  Council maintains a budget for removal on its own property, however, the Sustainability Levy funds provide for removal from private properties within the Village.

 

Economic is a head of consideration in accepted definitions of Sustainability. The 2005 World Summit Outcome Document, referred to the "interdependent and mutually reinforcing “pillars" of sustainable development as economic development, social development, and environmental protection. The Universal Declaration on Cultural Diversity (UNESCO, 2001) elaborates further the concept by stating that "...cultural diversity is as necessary for humankind as biodiversity is for nature”; it becomes “one of the roots of development understood not simply in terms of economic growth, but also as a means to achieve a more satisfactory intellectual, emotional, moral and spiritual existence". In this vision, cultural diversity is the fourth policy area of sustainable development.

 

6.         The target for reduction of greenhouse gas set by Council for 09/10 is too modest and should be increased significantly in the next 1-3 years.

 

Comment

 

In relation to the reference to the 2009/10 targets being too modest, the quoted figure is a projection of the emissions from Council's major facilities rather than a target.  There is currently no target listed for 10/11 as Council is currently considering the relevance of its 50% target going forward.  Council is currently finalising an Alternative Energy Roadmap to help guide Council towards its emissions reduction target. 

 

The 50% emissions reduction target was adopted as part of the now defunct CCP program.  Using 2000 as a baseline, in 2007 Council adopted a 50% greenhouse gas reduction target by 2014.  In adopting this target Council was aware that this was a 'stretch' target which indicated that it was a goal that inspires an organisation to extend itself, with faith in innovative approaches and technologies and they would provide a stretch goal for their municipality to strive towards.

 

7.         Better overall implementation of environmental actions - clearly labelled recycling bins in all public facilities and open spaces, promoting solar power, providing transport alternatives to residents.

 

Comment

 

Council has recently completed a Public Place Recycling Trial in the Plaza.  The results of this trial are currently being analysed and will be used to inform decisions about whether to expand this program to all shopping centres and sporting fields.  In conjunction with neighbouring councils, Council has established the Climate Clever Shop – an initiative that provides residents with a one-stop-shop for providers of Solar PV, Solar Hot Water, Heat Pumps and Rainwater Tanks.  The Sustainable Building Advisory Service also provides residents who are considering renovating/building with advice from sustainable architects regarding building design, orientation, materials choice and sustainable technologies such as Solar PV etc.

 

8.         More support of promoting the growing of fruit and vegetables in all backyards of the municipality and on nature strips - we need to educate and promote responsible gardening and agriculture in the municipality....AND remove diseased and infested trees.

 

Comment

 

Most properties within Lane Cove have either a back or front yard where residents have the option of planting vegetables and/or fruit trees.  Council also runs workshops on small space eco-gardening which provides advice to residents who live in multi-unit dwellings on how to grow edible plants and flowers in containers.  

 


9.         While the following projects were considered worthy, questions were raised regarding the appropriateness of funding them via the Sustainability Levy.

 

Comments

 

Communication with Residents - Communicating with residents on specific sustainability events allows Council to launch new initiatives, notify residents on upcoming events and provide informal progress reports on current projects. All information is related to the Sustainability Levy or specific community sustainability events. This project is an enabler for the Sustainability program as a whole; the success of many projects can be attributed to this project, e.g. the Sustainable Building Advisory Service. This project has also allowed community groups to broadcast their commitments to sustainability and reach otherwise inaccessible audiences. 

 

Public Art - Public art and how it can influence sustainable behaviour is a growing discipline. The visual and performing arts have great potential for assisting in the development of an environmental ethic in the community, and in promoting environmental sustainability. Art events can aid participation of a broad cross section of the community, can strengthen a community’s abilities to promote inclusion, and can be powerful vehicles for community mobilisation, empowerment and information transfer. For these reasons Council finds that including a specific project for public art appropriate for the coming financial year and follows the lead of other forward looking Councils on this subject such as recent experiments at Pittwater Council.

 

Implement Actions from Retail Sustainability Study - Ensuring small businesses survive in a competitive market place is important to maintaining and enhancing the Lane Cove village atmosphere. This project has been highly successful in the past and is listed as a critical priority in the current Sustainability Action Plan. Residents continually highlight the retail atmosphere as a key contributor to their enjoyment of Lane Cove. Unlike larger Councils Lane Cove Council does not have an economic development branch and a small allocation from the Sustainability Levy is seen as appropriate. This sentiment has been endorsed by the Sustainability Advisory Committee and is in keeping with including economic sustainability within the holistic framework. The actions for implementation within this Sustainability Levy funded project complement other Levy initiatives in addition to those managed by the Chamber of Commerce and Lane Cove ALIVE.

 

Awards and Community Grants Management - Council is regularly approached by individuals and community groups for funds to assist with the development and implementation of community based sustainability initiatives. As a result, Council has developed a small grants program to facilitate eligible requests. Grants will be administered in accordance with section 356 of the Local Government Act 1993.

 

Awarding sustainability champions is an important aspect of sustainability and as such a small allocation has been identified for this purpose. This project will be re-named to Awards and Community Grants as 100% of funds will be allocated to either grants or awards, not management.

 

Pedestrian Access Mobility Plan - This project will involve the development of a comprehensive action plan to develop pedestrian policies and build pedestrian facilities. The plan aims to co-ordinate investment in safe, convenient and connected pedestrian routes. It will provide a framework for developing pedestrian routes or areas identified by the community as important for enhanced, sustainable safety, convenience and mobility. The study will also lead to ways we can encourage people to leave cars at home. Without the Sustainability Levy this study to inform implementation actions would not occur; this fact coupled with identified sustainability benefits justify the allocation. The Sustainability Advisory Committee supports this project and clear linkages exist to the current Sustainability Action Plan.

 

Library Sustainability Resources - A small and special one-off allocation has been identified to purchase specific sustainability resources to increase library holdings in this subject. This project was proposed by the Sustainability Advisory Committee and therefore directly reflects community expectations. Currently there is a vast array of sustainability resources entering the market - books, DVDs etc; without the Sustainability Levy purchases of this nature would be restricted to business as usual levels. Budget estimates for 2011/2012 are simply indexed figures that assist planning if the success of the projects warrants extension. 

 

Woodford Bay Dinghy Racks - While it is anticipated that a ‘user pays scheme’ may accompany this infrastructure project current operating budgets do not allow for the initial acquisition of the dinghy racks. Future fees will be allocated to maintenance and acquisition of more racks at alternate sites; Linley Point has already been identified as a potential location. Due to the sensitivity of the mangroves in Woodford Bay and the damage existing dinghies are causing it would be irresponsible to wait for available operating funds. More importantly, the State Government has agreed to match Sustainability Levy funds from its Sydney Harbour Access Grants Program enabling Council to implement a better solution.  

 

Review Lane Cove West Public Transport and propose improvements - No Sustainability Levy funds have been allocated towards this item.

 

10.       Two comments suggesting the Plaza should remain unaltered.

 

            Comment

 

            Council is undertaking a separate consultation process in relation to this project, it is appropriate to consider these comments as part of that process.

 

 

11.       Concern that both the Captured Photography and Sustainability Lane Expo projects have previously existed without Sustainability Levy funding.

 

Comment

 

The Captured Photography and Sustainability Lane Expo projects have both grown in prominence over several years, well beyond their original scope. In recent times both activities have been restricted due to funding availability; there is a risk that these popular and relevant projects will fall into a state of decline if funding arrangements are not confirmed. Originally the Expo was a critical priority in the Sustainability Action Plan; the Sustainability Action Plan was unfunded at its inception and therefore Expo funds were sought elsewhere. Now that the Expo has grown and the Sustainability Action Plan is funded it is appropriate to use the Sustainability Levy. Similarly the Captured Photography has strong links to the Sustainability Action Plan and celebrates many key sustainability themes; this year the competition was based on promoting Lane Cove within the International Year of Biodiversity framework. To protect the future of both of these projects and allow them to reach their full potential the Sustainability Levy is the most appropriate funding source.

 


12.       In support of the energy meters loan program and suggesting evaluation as to effectiveness needs to be undertaken.

 

Comment

 

Council has not yet conducted an in depth analysis on what measurable will be used to assess the success of this project. The aim of the project is to encourage behavioural change. In the first instance, Council will be interested to see how many residents use the program. Council will also conduct a snap shot follow up evaluation with residents to ascertain if by using the power meter they had been empowered to change their behaviours when consuming electricity. At the time of borrowing Council will provide an aide memoir or the like to assist residents use the meter to its fullest capability.

 

13.       Council should have a program designed to leverage local groups such as Bushland Society, Permaculture North, Sustainability action group, Scouts, Schools etc that have expertise in particular areas.

 

Comment

 

While Council strives to be a leader in sustainability it acknowledges it can not act alone. Further, in some circumstances a bottom up approach is more effective. Council supports the spirit of this proposal to use expertise within community groups and welcomes any initiatives brought to it. Council is also willing to promote community sustainability initiatives; the Communications with Residents project can facilitate such awareness. To assist community groups launch sustainability initiatives the Levy will fund an Awards and Community Grants program. This will be launched early in FY 2010/2011.

 

14.       “Previous LCC documents have referred to an “Alternative Energy Road Map” and current Budget documents refer to “Greenhouse Gas Reduction Programme”. What happened to the ‘Greenhouse Gas Action Plan’ for which over $80,000 was costed in previous budgets?”

 

Comment

 

The Alternative Energy Roadmap (AER) supersedes the Greenhouse Gas Action Plan. Council is currently finalising the AER to assist Council reduce its greenhouse gas emissions. The AER will be publicly available once completed. It must be noted the Sustainability Levy alone can not meet greenhouse reduction targets as the Levy aims to meet a broad range of community sustainability expectations. Not withstanding this, Council remains committed to reducing its environmental footprint.

 

The budget refers to three Greenhouse Reduction Programs. Two of these aim to improve the energy efficiency of the lighting in Council's administration centre by installing a control and monitoring system that will adjust lighting levels depending upon ambient light levels and occupancy.

 

The third program flows from the draft AER recommendation that Council install evacuated high temperature collectors to the aquatic centre.  The funding would enable Council to develop detailed engineering designs for an installation.  It is Council’s intent to meet future installation costs though the Sustainability Levy and government grants.  

 


15.       Council has conducted carbon audits in recent years – what progress has been made.

 

Comment

 

Council is currently working on strategic carbon and water initiatives beyond the scope of this report. Separate correspondence will detail.

 

16.       Various proposals were made for future sustainability projects and other environmental management issues. These included suggestions on car share programs, support for the No Plastic Bag campaign, waste education and recycling improvements for residents occupying apartments, internal grant management procedures and e-waste collection improvements.

 

Comment

 

These suggestions will be directed to the Sustainability Action Committee for consideration. The next meeting is scheduled for 18 August 2010.

 

Management Plan

 

No changes are proposed from the Draft Management Plan.

 

Fees and Charges

 

The following changes are proposed to the Draft Fees and Charges for 2010 - 2011.

 

In relation to Development Applications Page 4, change the name of “Plan First Fee” to “Planning Reform Fee” and the wording of .064% of Value over $50,000, change to “Over $50,000, 0.064% of value of work”. 

 

Following representations from the Golf Course Manager, it is proposed to increase the public green fees for the Lane Cove Golf Course (Page 20) by $1 per round across the board, rather than CPI rises which results in the fees changing from rounded dollars (eg $12) to fractions (eg $12.55). This is supported by staff, and only affects public rounds, and not the Country Club.

 

Budget

 

No changes are proposed from the original Draft Budget.

 

Fixing of Rates and Charges

 

Council’s Revenue Policy for 2010 - 2013 provides for a rating structure that is based on an ad valorem (rate in the dollar) with a minimum Rate. These Rates were advertised in the draft Management Plan. The rate to be levied will be calculated on the land value of the land as determined by the Valuer General base dated 1 July 2007.

 

Since the exhibition of the Management Plan, Council has received additional supplementary valuations from the Valuer General. These new valuations have been supplied as a result of new subdivisions, strata titling of properties, valuation objections, and re-ascertainment of valuations and must be used for levying rates in 2010 / 2011. 

 


 

RECOMMENDATION

 

That:-

 

1.   The Management Plan (including the Fees and Charges), as amended by the report, for the period July 2010 to June 2013 be adopted;

 

2.   The Budget, as amended by the report, for the period July 2010 to June 2013 be adopted;

 

3.   Council fix the Ordinary Rates and Charges for 2010 / 2011 as follows:-

 

            (a) Ordinary Rates

 

i.     an Ordinary Residential Rate, of 0.180152 cents in the dollar be made for the year 2010 / 2011 on the Land Value of all rateable land in the Local Government Area categorised as Residential in accordance with S.516 of the Local Government Act 1993, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $455).

 

ii.     an Ordinary Business Rate of 0.733430 cents in the dollar be made for 2010 / 2011, on the Land Value of all rateable land in the Local Government Area categorised as Business, in accordance with S.518 and S.529 of the Local Government Act 1993, with a Minimum Rate of $ $677.

 

iii.    Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to that part of the Local Government Area as defined by the metes and bounds description as advertised in the North Shore Times on 13 June 1979, that a Parking Special Rate, of 0.185057 cents in the dollar be made for 2010 / 2011 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00.

 

(b) Domestic Waste Management Charges

 

i.     in accordance with S.496 of the Local Government Act 1993, that an annual charge of $354.00 per annum be made for the year 2010 / 2011, for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service;

 

ii.     in accordance with S.496 of the Local Government Act 1993, that an annual charge of $104.00 per annum be made for the year 2010 / 2011, for Domestic Waste Management Services for all properties categorised residential vacant land;

 

iii.    in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $5.17 per service  ($269 per annum) be made for the year 2010 / 2011, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service);

 

iv.    in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.80 per service ($354 per annum) be made for the year 2010 / 2011, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to residential properties other than single occupancy residential properties;

 

v.    in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.80 per service ($354 per annum) be made for the year 2010 / 2011, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable  properties;

 

vi.    in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $6.80 per service ($354 per annum) be made for the year 2010 / 2011, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

 

vii.  in accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $4.00 per fortnightly service ($104.00 per annum) be made for the year 2010 / 2011 for each extra recycling service to single residential dwellings.

 

            (c) Interest on Overdue Rates and Charges

 

i.     In accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2010 to 30 June 2011 to all outstanding rates and charges be calculated at the maximum interest rate as specified by the Minister for Local Government, being 9%.

 

(d) Stormwater Management Service Charge

 

i.     In accordance with the Local Government (General) Amendment (Stormwater) Regulation 2006 under the L.G Act 1993 annual charges for the year 2010 / 2011 for Stormwater Management Services be made and levied as follows:

 

- All parcels of vacant land                            - Nil $ charge

- All Residential Strata Units                         - $12.50 per unit

- All Residential Non Strata Properties                      - $25.00 per property

- All Business Strata Units and Properties                - $25.00 per unit or property

 

4.   The people who made submissions be provided with a copy of this report and be advised of Council’s decision.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 21 June 2010

 

Corporate Services Division Report No. 38

 

 

 

 

 

Reference:    Corporate Services Division Report No. 38

Subject:          Advertising Signage Lane Cove Market Square Car Park    

Record No:    SU8 - 23338/10

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

The report recommends the installation of advertising displays within the Lane Cove Market Square Car Park.

 

Background

 

Council at its meeting of 19 April, 2010 considered Corporate Services Division Report No. 22, and resolved in part:-

 

“1.  Council proceed with the installation of additional Access and Services Maps within the Lane Cove Village in existing notice boards;

 

2.   A report be brought back to Council on the development of a Municipal wide signage strategy incorporating a suite of signs with common elements or themes, and with funding options for the strategy; and

 

3.   Council continue discussions with the Lane Cove Chamber of Commerce but not proceed with any further advertising in the Lane Cove Market Square Car Park at this time.

 

Discussion

 

In relation to point 1, the new size necessary to include in the noticeboards will be implemented with the July 2010 update of the Access and Services Maps.

 

In relation to point 3, Council has the right under the terms of the deed with Woolworths to charge for advertising in Lane Cove Market Square Car Park. It is quite common in underground shopping centre car parks to see advertising immediately adjacent to the entrances to shopping centre. It is proposed to install within the car park on levels P1 and P2 (and on the up/down ramps from P2) advertising displays. Below is a sample of what is proposed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


A meeting was held with the Chamber of Commerce in relation to the provision of advertising within car park. The Chamber reaffirmed their willingness to co-ordinate the letting of the space on behalf of their members. The Chamber have now obtained signed agreements (prepared by Council’s in-house solicitor) with local businesses to occupy all of the advertising space proposed. The agreement provides for advertisers to pay 12 months in advance and also for Council to veto any particular advert should Council find it offensive etc.

 

The design of the advertising displays is such that the will easily be able to be connected to the lighting in the car park via a connection to the roof. Council’s Manager Traffic has reviewed the proposed advertising and has indicated that there are no traffic issues related to the advertising signs and does not believe that the positioning of these signs create any traffic hazards within the Market Square Car Park.

 

There is no specific budget allocation for the purchase of the advertising displays, however, the revenue of $20,000 will cover the installation cost and operating costs, therefore there will be no net impact on the 2010/11 Budget from the project.

 

 

RECOMMENDATION

 

That Council proceed with the installation of advertising displays within the Lane Cove Market Square Car Park, and the space be let on a commercial basis utilising the Lane Cove Chamber of Commerce to co-ordinate the advertisers.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 21 June 2010

 

Environmental Services Division Report No. 19

 

 

 

 

 

Reference:    Environmental Services Division Report No. 19

Subject:          71 Northwood Road, Northwood    

Record No:    DA09/254 - 23461/10

Author(s):       Andrew Thomas 

 

 

Executive Summary

 

Council at it’s meeting of 7 June 2010, resolved, interalia:-

 

160

RESOLVED on the motion of Councillors Longbottom and Tudge that a report be submitted to the next Council meeting detailing the reason for the delay in the above matter being brought to Council.

 

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Gaffney, Longbottom, Mcilroy, Smith and Tudge (Total 8).

Against the Motion was Councillor Palmer (Total 1).

 

Having regard to the above resolution the following chronology and comment by Executive Manager, Environmental Services Division, has been provided for Council’s information.

 

This information responds to Council’s request to provide a chronology of assessment actions for this DA.

 

2009

 

November

            2nd       DA lodged

            4th        DA notified

            6th        DA referred to relevant staff and file received by assessing planner.

            11th      Councillor Tudge requested that the DA be called to Council.

                        Initial impact assessment on 69 Northwood Road.

            12th      Initial impact assessment on 75 and 75A Northwood Road.

            13th      Comments received from Development Engineer – conditions recommended.

            20th      Comments received from Parks section – required more information.

            26th                 Site inspected.

27th    Letter sent to applicants requesting additional information within 21 days: copy attached (TRIM ref 47235/09).

 

December

14th      On-site inspection of development’s impact (and impact of a proposed development at 11 Kellys Esplanade – ref D235/09) on owners of 75 and 75A Northwood Road with Executive Manager, Manager Development Assessment and Clr  Brooks-Horn.

22nd     Meeting with applicant’s architect to discuss additional information requested and an extension of time in which to submit a response.

30th        Rang Architect and requested he confirm how long he would require to submit additional information.


2010

 

January

4th                    Applicant’s architect requested an extension of time to January 15th to submit additional information.

12th & 13th       Discussions with architect regarding review of pool along rear boundary, and an on–site review of other pool options with owner (Mrs Murphy).

20th                  Architect advised pool would be deleted and additional information would be  submitted shortly.

27th                  Additional information (plans and revised Statement) and response to objection letters received.

28th                  Additional information referred to Parks section.

 

February

5th        Further additional information (shadow plans and Sydney Harbour REP statement) received.

10th                  Parks section confirmed not satisfied with landscape plan. Architect advised.

17th                  Outstanding information (landscape plan) submitted. Referred to Parks section.

18th                              Parks section replied to landscape plan.

19th                              Loss of view concerns assessed from 69 Northwood Road.

25th      Meeting with architect to review additional information and clarify potential non–compliances.

 

March

1st                     Status review of DA provided to Executive Manager.

18th                  Status review of DA provided to Executive Manager (for Councillors).

19th      Further review of loss of view concerns from 69 Northwood Road undertaken  (corners of dwelling house marked on–site).

21st                   Assessment of impact of proposal viewed from Woodford Bay.

22nd     On-site review of potential overlooking of 75 and 75a Northwood Road with owner (Mr Murphy).  Loss of view concerns assessed from 63 Northwood Road.

23rd                  Discussion with architect to clarify changes to rear yard.

24th      Review of extent of fill in rear yard, and potential impact on trees with owners and their architect and Council’s Parks officer.

25th     Plans submitted clarifying extent of fill and details of retaining walls to rear yard.

30th      Meeting with owners and their architect and agent and the Manager  Development Assessment regarding the status of the DA and timeframe for a decision.

                        Parks sections revised comments in relation to extent of fill in rear yard.

31st     On-site review of DA with owners and Manager Development Assessment.

 

April

1st        Assessment report finalised and given to Manager Development Assessment for review.* 

9th        Manager released.

 

May

11th      Application reviewed by Executive Manager and placed on Planning and Building Committee agenda.  During this period discussion and further on-site inspection occurred.

17 th     Review by Planning and Building Committee and referred for inspection.

 

 

June

5 th       On site inspection

7 th       Council resolves to defer application to permit mediation.

 

* During the period 17 April – 6 May the Assessing Officer was on leave.

 

Comment

 

As detailed in the above chronology, details of all relevant actions by Council staff are considered reasonable and timely.

 

There was cause to call for clarification and additional information in the areas of view impact, Sydney Harbour Catchment concerns, excavation/fill, pool, garage, ceiling height, storeys, decks, solar access, side structures and access handle – see attached (AT1).

 

A number of issues were subsequently resolved by clarification, amendment or deletion from the application.

 

The application was and remains problematic in that the applicant proposed to knock down an existing dwelling house and build a new dwelling house in an established residential area of high scenic amenity.  The assessment is further complicated by the unique subdivision pattern which evolved over time to take advantage of the high quality vista of the harbour and it’s foreshore.

 

I am of the view the assessment by staff to date has been efficient and thorough in the acknowledgement and call for information to the applicant and adjoining landowners.  Staff have remained consultative and timely in reviewing the information provided by the applicant and considerate and responsive to the concerns of adjoining and affected neighbours.  The total assessment period from lodgement to submission to Council’s Planning and Building Committee was 197 days (134 working days).  Stop the clock provisions remain under the provisions of the EP&A Act and as such when applied reduce the 197 days to 114 days.  Whilst this is above our current average (37 days in April and approx 46 days YTD) the complex nature of the competing interest involved have required in depth consultation and discussion with stakeholders and overall is considered acceptable.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Letter to Applicant Requesting Additional Information

4 Pages

 

 

  


Ordinary Council Meeting 21 June 2010

 

Human Services Division Report No. 27

 

 

 

 

 

Reference:    Human Services Division Report No. 27

Subject:          Library Fit Out Progress Report No. 11    

Record No:    SU1459 - 23585/10

Author(s):       Jennifer Bice 

 

 

 

Executive Summary

 

This is the eleventh report on the progress of the fit-out of the Lane Cove Library.  The Report updates Council and the Community as to the progress of the fit-out of the Library building.

 

Stage 2, the refurbishing of the original building, commenced on 23 February, 2010 and is now due for completion 2 July 2010. This revised date is due to delays caused by the roof replacement, latent site conditions and inclement weather. Planning is underway for the official opening on Friday 9 July and the Family Fun Day on Saturday 10 July 2010.  

 

Discussion

 

Refurbishment of the older section of the Library has shown real progress in recent weeks. The pouring of infill slabs has been completed and the props that have been reinforcing the flooring have been removed.

 

Retiling of the roof has been finished and this has allowed the builders to recommence work on Level 3, which was delayed while the roofers worked overhead. Level 3 mechanical, electrical and sprinkler rough-ins are complete and fit-out has begun. Ceiling panels are in place and the builders are about to commence installation of office walls.

 

Level 2 walls in the areas where walls and stairs had been removed have been repaired and in-ceiling ducting is complete. The Stage 2 book return chute has been relocated from the original plan. The chute has now been relocated to the north east corner of the Junior Library – this solved problems caused by ground height (appropriate height of return slot) and also moved it closer to the Junior Library desk. This is likely to improve staff workflows and be an ergonomic benefit for staff who will have less distance to transport Library materials.  The original location would have made it very difficult for children to return their books without assistance but the new position allows for a child-friendly height.

 

The block wall in the basement stack area is complete and the walls of the waste storage room have been built. There has been some re-adjustment of the plan as the old electrical switchboard is still in operation until the new substation on the School site comes online.  Buildcorp has contacted the Library to ensure that the revised ceiling heights allow space for the re-installation of the Local Studies compactus and the new Art Storage unit.

 


Stage 1 Usage

 

The increased usage of the Library has been very impressive since the Library opened.

The following figures highlight the increased usage of the Library during its first three months of operation.

 

 

March – May 2010

March – May 2009

Percentage increase

Loans

160,205

124,022

29.2%

Visitor Numbers

92,002

81,156

13.4%

Internet Hours used

2,779.25

1,180.25

135.5%

Local Studies Enquiries

491

244

101.2%

 

The loan increase is particularly impressive because the Library already exceeded state averages in usage. The last released Public Library Statistics were in 2007/08 and Lane Cove Loans per capita were the highest in NSW - 15.32 (state average was 7.02) and the loans per staff member were 24,094.21 (state average was 19,746).

 

2009/10 loans are currently 451,715 and are likely to exceed half a million by the end of June. This is the most loans the Library has achieved since 2006/07. As the new Library extension only opened 26 February 2010 this is a great result and indicates how popular the new building has become.

 

Library Meeting/Training Rooms

 

The Library extension project included a variety of rooms for use by borrowers and community groups.

 

Library Room Usage

 

Library Room Usage (in hours)

March

April

May

Meeting Rooms (1&2)

14

45

16

Study Room

61

42.5

68

Training Rooms (1&2)

12

47.5

99.75

Total

87

135

186.75

 

Room bookings have started to increase as the community becomes used to their availability. One of the pleasing aspects of the new Library is that many school and university students are taking advantage of the space to undertake group study. This has created a demand for the Study Room and also the Training Rooms, we allow the students to book the Training Rooms as a Study Room when not in use for meetings.

 

When the Meeting Room is not booked many students are using it as a quiet study area. The Marjorie Barnard Local Studies Room is also being utilised at a quiet study area.  The only problem we have experienced is educating the borrowers that food and drink cannot be consumed in this area.

 


Library Family Fun Day

 

The official opening for the Library will be held on Friday 9 July 2010 and the Library is also planning a Family Fun Day on Saturday 10 July. The Official opening will involve the Mayor and the State Librarian, Ms. Regina Sutton. Guests will include the writers (and/or their families) featured on the Cultural Blades in Library Walk. The Cultural Blades were installed in November 2009 but this is the first opportunity that has been available to celebrate the installation.

 

The Family Fun Day gives the community a chance to join in the celebrations. The winner of the three competitions previously reported will have a chance to participate in the Family Fun Day ceremonies. The day will involve a range of activities including magic, juggling, reptile shows, a jewellery workshop, gardening and cooking demonstrations and movie screenings. The celebrations will take place in different areas of the Library and be aimed at borrowers of different ages and interests.

 

Conclusion

 

Stage 2 works are currently behind schedule and the revised completion date is 2 July, 2010. A date of Friday 9 July, 2010 has been set for the official opening of the building, with a family fun day planned for Saturday 10 July, 2010.

 

 

 

RECOMMENDATION

 

That Council receive and note the Report.

 

 

 

 

 

 

 

Jane  Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.