Ordinary Council Meeting

18 October 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 18th October 2010 commencing at 6:30pm. The business to be transacted at the meeting is included in this business paper.


Yours faithfully

Peter Brown

General Manager


Council Meeting Procedures


The Council meeting is chaired by the Mayor, Councillor 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 18 October 2010

















Confidential Items


1.       Mayoral Minute No. 4

SUBJECT: Remuneration of General Manager

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


public forum


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






Orders Of The Day


3.       Order Of The Day No. 19

SUBJECT: Citizenship Ceremony - 10 November 2010


4.       Order Of The Day No. 21

SUBJECT: Council and Committee Meeting Schedule - November 2010


Open Space and Urban Services Division Reports


5.       Open Space and Urban Services Division Report No. 43

SUBJECT: 40 km per hour Speed Limit - Lane Cove Town Centre


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

SUBJECT: Lane Cove Car Share Scheme


7.       Open Space and Urban Services Division Report No. 45

SUBJECT: Redevelopment of Burns Bay Boat Ramp and Upgrade of Carpark


8.       Open Space and Urban Services Division Report No. 46

SUBJECT: Plant Your Family Tree Pilot Project



Environmental Services Division Reports


9.       Environmental Services Division Report No. 39

SUBJECT: Local Environmental Plan 12-Month Review


10.     Environmental Services Division Report No. 41

SUBJECT: Sustainability Lane 2010


11.     Environmental Services Division Report No. 42

SUBJECT: Delegated Authority Report - September 2010  






Ordinary Council Meeting 18 October 2010


Order Of The Day No. 19






Reference:    Order Of The Day No. 19

Subject:          Citizenship Ceremony - 10 November 2010    

Record No:    SU28 - 42662/10

Author(s):       Millie  Stephen 



Executive Summary


A Citizenship Ceremony will be held on Wednesday 10 November 2010, in the Council Chamber commencing at 7pm. A Councillor is required to attend the Ceremony and speak to new citizens about Local Government.






That a Councillor nominate to attend the Citizenship Ceremony of 10 November 2010 to speak to new citizens about Local Government.







Peter Brown

General Manager

General Managers Unit




There are no supporting documents for this report.


Ordinary Council Meeting 18 October 2010


Order Of The Day No. 21






Reference:    Order Of The Day No. 21

Subject:          Council and Committee Meeting Schedule - November 2010    

Record No:    SU1915 - 43417/10

Author(s):       Kirsty Fleming 




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



November                   1          Ordinary Council

                                                Planning and Building Committee

                                                Services and Resources Committee


November                   15        Ordinary Council

                                                Planning and Building Committee

                                                Services and Resources Committee






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







Craig Wrightson

Executive Manager

Corporate Services Division




There are no supporting documents for this report.


Ordinary Council Meeting 18 October 2010


Open Space and Urban Services Division Report No. 43






Reference:    Open Space and Urban Services Division Report No. 43

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

Record No:    SU1666 - 43432/10

Author(s):       Nick Karahlis 



Executive Summary


As part of Councils Road Safety Strategy, a 40 km/hr High Pedestrian Activity Area Scheme has now been implemented in the Lane Cove Town Centre.   It is recommended that Council receive and note the report.




Council together with the Roads and Traffic Authority has implemented a 40km/h speed limit in the centre of Lane Cove in accordance with RTA’s 40km/h High Pedestrian Activity Area Program.


As part of the road safety scheme, traffic devices in the Town Centre have been implemented together with new linemarkings along Birdwood Ave and Rosenthal Ave and new 40 km/hour signage. A communications strategy with the RTA has also been implemented to make people aware of the road safety scheme.


The 40 km/hour speed limit in the centre of Lane Cove was finalised on 6 October 2010.




Council approached the Roads and Traffic Authority in 2009 to approve a 40 km/h High Pedestrian Activity Area Scheme for the Lane Cove Town Centre. The RTA agreed to the road safety scheme for the town centre subject to Council undertaking a Road Safety Audit and requested that two pedestrian crossings be upgraded and the installation of a half raised threshold on Longueville Road at the front of the Longueville Hotel. Approval was obtained by the Traffic Committee Meeting for these works and a communications strategy with the RTA was also implemented to make the community aware of this scheme.


The RTA funded half of the implementation of the traffic devices and provided 100% funding for the Road Safety Audit, the signage and linemarkings and the advertisement of the scheme. 


All the above works have been implemented together with new linemarkings along Birdwood Ave and Rosenthal Ave and the new 40 km/hour signage has been installed.


The 40 km/h speed and the associated traffic calming scheme aims to make the Town Centre a more pedestrian friendly area.




The implemented 40 km/h High Pedestrian Activity Area in the Lane Cove Town Centre aims to improve pedestrian safety and make drivers more aware that they are travelling within a high pedestrian environment, which will improve safety for all road users in Lane Cove Town Centre. 




That the report be received and noted.




Wayne Rylands

Executive Manager

Open Space and Urban Services Division




There are no supporting documents for this report.


Ordinary Council Meeting 18 October 2010


Open Space and Urban Services Division Report No. 44






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

Subject:          Lane Cove Car Share Scheme    

Record No:    SU1873 - 43438/10

Author(s):       Nick Karahlis 



Executive Summary


Lane Cove Council previously resolved to support a Car Share Scheme in Lane Cove and consultation with the Public was positive supporting the scheme. The ‘Go Get’ Car Share Company has provided a car at the dedicated Car Share parking space in Rosenthal Ave. The Car Share is considered as one of the most sustainable modes of transport as it reduces the need for private vehicles for people who do not need a car on a continuous basis.  It is recommended that Council consider becoming a member of the ‘Go Get’ Car Share Scheme to facilitate Council transport needs.




Council had discussions in 2009 with the Car Share providers and due to a previous negative economic climate Car Share companies were reluctant at that time to expand their scheme to Lane Cove. The most popular Car Share Company in Sydney ‘GO –GET’ showed high interest and following discussions with Council Officers, the Company has now set up a Car Share facility in the Lane Cove area for the public to use.




Following the approval of the traffic committee meeting, a dedicated ‘Car Share’ parking space is now allocated at the eastern kerbside of Rosenthal Ave, immediately south of Rosenthal Lane, replacing the existing 2- Hour parking space. The signs for the dedicated parking zone read “No Parking Authorised Car Share Vehicles Excepted”.


The Go Get Car Share Company is operating the Car Share Scheme with the dedication of a vehicle at the above parking space. The way that the Car Share Scheme Works is the following:-

1.   Members join and book online, or by phone, as little as an hour at a time (or longer).

2.   Then they walk to the car and use a special swipe card to unlock the car and drive.

3.   The car requires to be brought to the same parking space which they picked it up from.

4.   Each month the Car Share members receive an itemised account similar to a phone bill. 



A Car Share Scheme has now been introduced in Lane Cove. The Go Get Car Share Company is operating in Lane Cove with a Car Share vehicle at a dedicated parking space in Rosenthal Ave.

It is recommended that Council consider becoming a member of the ‘Go Get’ Car Share Scheme to provide access to additional vehicles to the existing car fleet.





That Council consider becoming a member of the ‘Go Get’ Car Share Scheme to provide access to additional vehicles to the existing car fleet.







Wayne Rylands

Executive Manager

Open Space and Urban Services Division




There are no supporting documents for this report.


Ordinary Council Meeting 18 October 2010


Open Space and Urban Services Division Report No. 45






Reference:    Open Space and Urban Services Division Report No. 45

Subject:          Redevelopment of Burns Bay Boat Ramp and Upgrade of Carpark    

Record No:    su4178 - 43509/10

Author(s):       Martin Terescenko 



Executive Summary


To provide Council with an update on the redevelopment of Burns Bay Reserve Boat Ramp.  It is recommended that Council receive and note the report.




Council has received two grants from NSW Maritime Authority under the Better Boating Program. The first was for the reconstruction of the existing ramp to improve access into Burns Bay and the second is for improving the parking arrangements by formalising the parking spaces and upgrading the access road to the boat ramp.


Tenders were sought in July 2010 for the reconstruction of the boat ramp.  The tender specification included the removal of the existing boat ramp in Burns Bay Reserve and the construction of a new ramp.  The existing ramp is 3.5m wide, 10.4m long and is of concrete construction. The new ramp will be 6m wide and 24m long and has been designed to provide improved access to the bay.  Council at its Meeting on 18 August 2010 resolved to enter into a contract with Clement Marine Services to complete the reconstruction.


Construction work on the boat ramp commenced on 29 September 2010 and the contractor made their first concrete pour on 8 October 2010. They are now constructing the precast units at their depot in Annandale which will be barged to the site in the next few weeks. The boat ramp construction works are expected to be completed by mid November in time for Christmas School Holidays.


As part of the grant for the reconstruction of the ramp, Council was required to enter into a license agreement with NSW Maritime Authority to formalise occupation of NSW Martime land, on which the boat ramp is situated. 


Upon competition of the boat ramp it is intended to finalise the design for the car park and the construction works are expected to commence after February 2011 so as to avoid a conflict with proposed Sydney Water works on the sewer aqueduct in Burns Bay Reserve.  A plan of the proposed works is attached as AT 1.


Sydney Water are planning to occupy a section of Burns Bay Reserve between the aqueduct and the foreshore from November 2010 to February 2011.





That the report be received and noted.


Wayne Rylands

Executive Manager

Open Space and Urban Services Division




AT‑1 View

Plan of Burns Bay Boatramp and Car Park

1 Page



Ordinary Council Meeting 18 October 2010


Open Space and Urban Services Division Report No. 46






Reference:    Open Space and Urban Services Division Report No. 46

Subject:          Plant Your Family Tree Pilot Project    

Record No:    su2600 - 43543/10

Author(s):       Susan  Butler 



Executive Summary


To provide Council a report on the “Plant Your Family Tree Pilot Project”.  It is recommended that the report be received and noted.




Lane Cove Council’s Bushcare program has been a successful community partnership, with Stringybark Creek the first Bushcare group established in 1995. Many groups were formed in 2002/3, with the employment of a permanent part-time Bushcare Co-ordinator. The Lane Cove Community Nursery opened in 2005 and has attracted a steady flow of volunteers to grow local indigenous plants for Council and community programs.


In 2010, there are now 18 Bushcare groups and 225 registered members in the Bushcare program. They volunteered close to 4000 hours last year.


The total number of registered Bushcare volunteers has remained fairly steady over the last three years, with the number joining matching the number leaving. Volunteers leave the program mostly as a result of moving away from the Lane Cove area. It is common for the numbers of volunteers attending each group to peak and decline over the years.


Some Bushcare groups have struggled to attract new volunteers in recent years. Bushcare recruitment drives in the past had either focused on a single group, or been generic in nature. These have had somewhat limited success. It was decided a different strategy was needed to attract people to at least try a new activity such as Bushcare.


Eight groups were identified as needing either a morale boost or recruitment of new volunteers. A pilot program “Plant Your Family Tree” was organised to run over August – October 2010 to coincide with spring time and Lane Cove’s Cameraygal Festival.




With the International Year of Biodiversity being celebrated in 2010, this gave a unique opportunity to run a pilot program “Plant Your Family Tree” with the following aims:-

·     Encourage people to “take action” to protect their local bushland, especially those who live close by these areas;

·     Target families and people that may not have participated in outdoor nature activities before;

·     Boost the morale of the existing Bushcare groups; and

·     Potentially recruit new Bushcare volunteers from these activities and also promote the Backyard Habitat program.


The premise of “Plant Your Family Tree” was that each participant who attended an event would take home “family tree” seedlings for them to nurture and grow in the garden. Each of the events were designed to meet the needs of each Bushcare group, whether it was assistance with weed control or planting native seedlings. The activities were scheduled on their regular meeting days and run by the Bushcare Supervisor (with assistance from the Bushcare Co-ordinator). Where there was an opportunity to, some events were partnered with other organisations or designed to fulfill community education requirements as part of grant funding.


The events were:


Planting Day @ Berry Creek


A partnership event with North Sydney Council, involving a guided walk through North Sydney and Lane Cove’s Bushcare sites. A delicious afternoon tea was followed by planting of native seedlings. Also fulfilled community education activities required as part of a grant.


What Weed is That? @ Bushland Park


A guided walk to discover the endangered flora, fauna and fungi of Bushland Park was followed by a picnic along the creek and noxious weed blitz at the Bushcare site. Also fulfilled community education activities required as part of a grant.


Meditate and Weed @ Penrose St


An outdoor meditation class in the bush led by a volunteer, before tackling nearby invasive noxious weeds.


Planting Day @ Stringybark Creek:


A partnership event with Stringybark Creek Residents Association. It involved a wildflower walk through the Bushcare site, planting native seedlings and finished off with a BBQ lunch.


Planting Day @ Dorritt St:


Planting of native seedlings to enhance this wildlife corridor. Also fulfilled community education activities required as part of a grant.


Walk and Weed @ Osborne Park


A guided walk to view wildflowers, followed by a morning tea break before tackling the noxious weeds invading this reserve.


Planting Day @ Moore St


Planting native seedlings to help replace wildlife habitat which has been lost to weed invasion.


Planting Day @ Fox St

Planting native seedlings to help replace small bird habitat in the reserve.


Attached as AT-1 are photos from some of the these events showing the participants.

A range of media and promotional activities were organised by the Bushcare Co-ordinator and Communications Manager. These included promotion on Council’s website, articles in The Village Observer, an event listing in the Cameraygal Festival brochure, Council’s quarterly newsletter, promotion to local schools, letterbox drops targeting streets adjacent to bushland reserves, and posters at the Plaza, Council foyer, library and along bushwalking tracks. A radio interview on community radio station 99.3FM was also conducted as part of the promotion. Promoting the events together with a united theme (and a catchy title of “Family Tree” rather than “Bushcare”) seemed to attract more attention and the letterbox drops also worked well in some cases.


Overall there were 93 attendees to these Plant Your Family Tree Events, a combination of existing 27 Bushcare volunteers plus 66 others (family groups and individuals) who wanted to try something new. Over 200 Family Tree seedlings were given out.


From this we have received more interest in the Backyard Habitat Program and have potentially recruited 15 new volunteers to the Bushcare groups. The feedback from the events were:-


·     Bushcare volunteers felt supported by the community turn out and thought the day was worthwhile from both a community education and work output point of view;

·     New people who tried it enjoyed the outing with their families and being outside in the bush; and

·     Everyone enjoyed the food and Family Tree seedlings (a great incentive).






That the report be received and noted.







Wayne Rylands

Executive Manager

Open Space and Urban Services Division




AT‑1 View

Pictures from Plant Your Family Tree Project

1 Page




Ordinary Council Meeting 18 October 2010


Environmental Services Division Report No. 39






Reference:    Environmental Services Division Report No. 39

Subject:          Local Environmental Plan 12-Month Review    

Record No:    SU4211 - 42091/10

Author(s):       Stephanie Bashford; Michael Mason 



Executive Summary


Council is required by the Department of Planning to undertake a review of the Lane Cove Local Environmental Plan within twelve months of its gazettal, for the following purposes:-

·   monitoring development applications under the new controls;

·   assessing substantive proposals which had been deferred by the Department or for other reasons were unable to be included in the earlier LEP process;

·   updating items in response to the heritage review; and

·   editing anomalies and discrepancies.


Councillors will recall that the substantial matters contained in this report were considered at the Councillor Workshop on 13 September this year.


This report presents matters to be considered under three categories in the Schedules attached at AT-1:-

1.       Amendments: Council is asked to adopt a range of draft amendments to the LEP, as attached in Schedule A, for submission to the Department requesting public exhibition. Key recommendations include:-

·     Mowbray Road/ Stringybark Reserve precinct (Hatfield St to Centennial Av) zoning to be reversed to low-medium density housing from flats, as submitted to                     the Department under DLEP 2008 in August 2008

·     Lane Cove West Industrial Area floor space ratio (FSR) to be increased to 1.5:1, as submitted under DLEP 2008

·     150 Epping Road (Shell site) to be rezoned to allow mixed use development, with a 39 metre maximum height limit (retaining the FSR of 1.1:1)          

2.       Options for determination: Council is asked to determine the preferred outcomes on the matters listed in Schedule B and

3.       Amendment not supported: Council is asked to endorse the matters recommended for no change as listed in Schedule C.


A new process for Council to amend local environmental plans was introduced by the Department of Planning in 2009, and involves submission to the “LEP Gateway” for permission to proceed to exhibition. At that stage further studies prior to exhibition may be required by the Department. The steps involved in the Gateway process are shown in the attachment at AT-2, and are intended to reduce processing times for draft LEPs.


Council is requested accordingly to resolve the items in the three Schedules. The intention is to proceed to the LEP Gateway to enable public consultation at exhibition stage. After exhibition Council would have the opportunity to confirm, vary or not proceed with the draft amendments.




Local Environmental Plan 2009 was gazetted on 19 February 2010, following its adoption by Council on 4 August 2008.


The interim period between Council’s adoption of the final Draft LEP and gazettal was occupied with: discussions relating to issues on which Lane Cove’s policies and those of the Department varied (such as the Mowbray precinct’s zoning), Standard NSW LEP changes affecting matters such as aboriginal heritage listing and new mapping specifications, other editing and legal review by Parliamentary Counsel and final reporting to the Minister.


The new LEP as gazetted contained changes made by the Department subsequent to Council’s submission of DLEP 2008, in particular relating to zoning and scale. Following discussions held after gazettal, the Department advised that it may be willing to consider further amendment on several of these matters, as discussed below.




Potential Amendments to LEP 2009


The structure of this section of the report is as follows.


The three categories of items for consideration are:-


Schedule A:           Amendments supported

Schedule B:          Options for Council determination and

Schedule C:          Amendments not supported.


Each of the three categories has the following parts:-

1.       Individuals’ zoning and other requests

2.       Precincts and major sites

3.       Land use development controls and other issues

4.       Land reservation

5.       Heritage

6.       Classification of public land

7.       Editing anomalies


Please note:

·   Items marked (NR) in the Schedules are considered self-explanatory, or have been resolved and determined previously by Council (e.g. for the Heritage Review report or at the Workshop) and are not discussed in detail in this report.

·   FSR and height etc controls refer to a maximum throughout the report.

·   Amendments agreed to by Council following this report will be provided to the Department of Planning by editing of LEP 2009’s text and maps, following discussion with the Department regarding the format and documentation requirements for a “planning proposal” to amend the LEP under the new Gateway process.



Schedule ref.

Amendments supported: Schedule A


1.         Individuals’ Zoning and Other Requests


448-452 Pacific Highway

(three commercial lots on the south-western corner of Oxley St):-


Proposal: The owner of No.452 has inquired about the possibility of increasing height to 36 metres, from the current 15 metre height and FSR 2:1.


Comment: The scale of development on the western side of Oxley Street results from a long-standing approach by Council to protect the amenity of North Sydney Council’s residential zone on the opposite, eastern side of Oxley Street. This is demonstrated by No.40 Oxley Street’s commercial development (immediately south of Nos. 448 and 452 Pacific Highway) of four storeys stepped down to both the eastern Oxley Street frontage and the southern Nicholson Street frontage.


In discussions between Lane Cove and North Sydney Councils held during the preparation of the St Leonards Strategy in 2006, Lane Cove agreed to maintain consistency with this approach for the subject properties.


Submission Grounds: Consistency with sites adjacent to the west (height 36 m and FSR 6:1).


Recommendation: Amendment supported for exhibition to increase the scale in response to this application - to allow for further shadow modelling and discussion with North Sydney Council.



2.         Precincts and Major Sites


Lane Cove West Industrial Area:


Comment: FSR - Council has continuously since 2008 requested an increase to FSR 1.5:1 from 1.1, in support of owners' submissions as to economic viability.


Recommendation: Resubmit to the Department at FSR 1.5:1.


St Leonards Specialised Centre 


i)    General – Scale: Council resolved on 18 May 2009 to moderate certain FSRs on the recommendation of its urban consultant. These have already been submitted to the Department, who advised that these should be included in the 12 month Review -see proposed FSRs at AT 3. The height increases of May 2009, however, are not recommended for change, having regard to comments on view loss submitted for the 88 Christie proposal recently from residents to the north, as the DCP’s proposal for tall, slim towers with view corridors appears difficult to achieve.


ii)   Christie Nicholson Streets Scale: The owner of 67 Christie St is interested to redevelop in the short-medium term. This 340m2 site is at risk of remaining isolated if Nature Care College (Nos. 65 Christie and other lots totalling 1,950m2) adjacent to the south redevelops without No.67.  Nature Care had requested FSR of 9:1 (and the DLEP was exhibited with 10:1), but it remains at 4.5:1 in the gazetted LEP. It is proposed to introduce a clause in the LEP requiring site amalgamation with No.67 as a pre-requisite to allowing FSR 9:1 and height increase. The height is proposed to be raised from LEP 2009’s 25 metres to 45 m (slightly modified from the exhibited 50 m) accordingly as a transition towards the residential flats to the south-west.



1.      Amendments to scale to accord with Resolutions of 18 May 2009

2.      Amendment supported for FSR 9:1 and height 45 metres subject to site amalgamation of 67 Christie Street with adjacent property.

3.      Amenity issues to be minimized with objectives for residential properties in surrounding area.



























3.         Land Use, Development Controls and Other Issues


Service Stations: These are always located on regional roads and are proposed to ensure future provision of services stations, to ensure that this important form of commercial operation remains permissible for development - currently they have existing use rights only in most zones.

Recommendation: Add these into zones generally as permissible.



Village Height: It has been proposed that the height of properties fronting Lane Cove Plaza, Burns Bay Rd and Longueville Rd in the Village be retained at 9.5 metres (2-3 storeys of commercial/ shoptop housing) but be permitted to increase to 4-5 storeys at the rear along laneways etc.


The proposal is supported. It is consistent with the former Business Zones DCP 2005 and the Village Structure Plan. The issue has arisen as a result of  the NSW Standard LEP now requiring height to be mapped in the LEP, with the technical difficulty (raised by numerous councils) of expressing height controls for sloping sites. The policy of limiting height to 2-3 storeys along the historical retail strip remains important for the preservation of Lane Cove Village character. A “local clause” may be allowed to be inserted into the LEP to clarify that height may increase to the rear, e.g. with maximum RLs (relative levels) being stipulated, subject to performance standards in the DCP controlling viewlines from the Plaza. (This approach was not permitted under the Standard LEP when Lane Cove’s was prepared, but may be available under its later version.)


Recommendation: Amendment supported - allow a height-increase mechanism to be discussed with the Department.


Subdivisions: The Major Projects Director has proposed that subdivisions for (i) road closures and (ii) drainage reserves become Exempt Development, to facilitate management of Council’s infrastructure. It is understood that consultation would continue to be required under the Roads Act prior to closure of roads and paths.


Recommendation: Amend for exhibition.


4.   Land Reservation (see B  for options)



5.    Heritage


Agreed Amendments:  The Heritage Review Stage 2 was undertaken by consultants in 2009, to assess the community’s requests made during the Draft LEP exhibitions in 2008 for addition or deletion of items on the Lane Cove Heritage Register. Council as a result resolved on 7 December 2009 to add or delete certain properties to the Register. Schedule 5 of the LEP and the related Heritage Map have been amended accordingly.


Deferred Items:  The Heritage Review Stage 2 study presented to Council on 7 December 2009 made the following resolutions:-


“2.   The recommendations of the Heritage Review Stage 2 Study dated November 2009 be adopted for amendment to Schedule 5 of the Lane Cove Comprehensive Local Environmental Plan/ Heritage Register during the 2010 LEP Review, subject to the following variations (as described in Column 6 of the Summary in AT 3):-

a.    38-44 Lower Serpentine Road: add “sea walls” to the Register, but not “boat repair facilities”;

b.    39 Mary Street: do not add to the Register;

c.    Village War memorial and Cenotaph: add as recommended, but permitting relocation of these items; and

d.    the front walls for 33 Upper Cliff Road and 35-47 Cliff Road be deferred until the first review of the new LEP…


        8.       The variation in relation to the Lloyd Rees Bandstand be deferred pending 

                  the outcome of the investigations into the history of the Bandstand.”


The two deferred items are as follows:-


Lane Cove Bandstand


On 15 March 2010 the history study, as requested above, was presented to Council and the following resolutions were made:-

(i)         “Council receive and note the Report on the history and significance of the Lloyd Rees Bandstand and Lane Cove Plaza” and

(ii)        The following reports be included as background information attached to the Public Consultation Strategy for the Lane Cove Village Public Domain Master Plan, Lane Cove Plaza Concepts and Lloyd Rees Bandstand and made available at exhibition venues and workshops:-

1.   The Report to Lane Cove Council on the History and Significance of the Lloyd Rees Bandstand and the Lane Cove Plaza;

2.   The Dickson Rothschild Heritage Report; and

3.   The National Trust of Australia (NSW) Classification Report for the Lloyd Rees Bandstand and Lane Cove Plaza.”


Recommendation: Amend - In accordance with the December 2009 resolution, the history and significance study having subsequently been undertaken, the Bandstand should now be added to the Heritage Register.




Northwood Walls

In December 2009 Council deferred certain items as follows:-

(i)    “The front walls for 33 Upper Cliff Road and 35-47 Cliff Road be deferred until  the first review of the new LEP”: This followed a request by the owner of No.33 at the meeting.

The owner of No.33 had obtained a consultant report stating that heritage listing was not necessary, as fencing styles and materials are important in all areas but could be adequately addressed in existing planning documents.

At a site inspection last year it was emphasised by Council’s heritage consultant that the wall’s listing would not prevent the redevelopment of the houses in the group. The preservation of features such as these walls are considered to add to Northwood’s special appeal blending historic and modern visual characteristics which contribute to, rather than detract from, the area’s values.

Recommendation: Amend - As no new evidence against Council’s consultant’s recommendation is available, this item is re-submitted for addition to the Register.

















































James Street:   At the meeting on 7 December 2009 when Council considered the Heritage Stage 2 consultants’ report, it resolved that: “Council obtain heritage assessment of James Street streetscape elements for consideration in 2010 LEP review”, in response to a suggestion by the Northwood Action Group. The review’s consultant, Jane Rothschild, has undertaken that work and recommends that the landscape features extending along the road be added to the Register – (report to be distributed at the meeting).

Recommendation: Amend – add to Register.


6.         Classification of Public Land


Miscellaneous sites are proposed for reclassification to operational from community land.

Drainage Reserves

The Major Projects Director has proposed that Council reclassify a series of 12 drainage reserves and 1 underutilised land parcel from Community land to Operational. Councillors were provided with a detailed presentation on this matter in February this year. 

With the introduction of the Local Government Act 1993, Council was required to classify all land under its control either as “Community” land or “Operational” by 30 June 1994. Beyond 30 June 1994 land which was not classified as Operational reverted automatically to Community land. At that time the reclassification process identified only 8 drainage reserves.

An additional 12 reserves have now been identified as suitable for operational classification. A number of reserves over the years have been illegally occupied by adjacent land owners, and Council in recent years has received a number of requests from adjacent land owners to purchase reserves. They are generally poorly used by the public because of their size and location. Some are nevertheless currently used as pedestrian walkways, and such use will not be affected by the reclassification of the reserves but can only be changed by express resolution of Council if and when required.


Reclassification of the drainage reserves will give Council greater flexibility and efficiency in rationalising the reserves. Council will also have the opportunity to reduce the annual maintenance expenditure whilst at the same time increase its income stream through the potential sale of the reserves. 

Underutilised Land

Council in 1982 approved the subdivision of 24 Upper Cliff Road and reached an agreement with the then owners of the property whereby a “key hole” allotment was exchanged for land now dedicated as public reserve adjoining Gore Creek.

The transferral and consolidation of the “key hole” allotment caused the Public Reserve (now described as Lot 9 DP 253441) to be tucked away in between the rear of lots 18A, 20A, 22, 24 and 24A Upper Cliff Road. Access to the public reserve is by a small sliver of land between 18A Upper Cliff Road (also known as 29A Fleming Street) and 24A Upper Cliff Road.  The area of the reserve is approximately 185 square metres and zoned R2-Low Density Residential under LEP 2009.

The Reserve has a number of constraints. It is not readily identifiable from the Fleming Street side and not visible by the general public. The reserve is currently unsafe, being unfenced on all sides with a 3-4 metre fall on the eastern side adjacent to 24A Upper Cliff Road, presenting a potential liability claim for Council.

Council has received enquiries from adjacent property owners expressing a willingness to purchase the reserve. The Major Projects Director recommends that the land be reclassified with a view to sale.

A full list of the items recommended for reclassification is provided at AT4.


7.         Editing / Anomalies


The amendments listed in Schedule a in AT 1 are generally self-explanatory, and are aimed at overcoming editing errors, anomalies in the LEP as gazetted by the Department and other discrepancies in text and mapping changes.

Examples of editing amendments include:-

(i)    Pacific Hwy/ Mafeking Avenue

·        Density & scale: The Floor Space Ratio is 4:1, incompatible with the reduction to 12 metres (3-4 storeys). Council had proposed FSR 2:1 and Height 25 metres (8 storeys) to take advantage of views and create a gateway scale at the entry to Lane Cove.

(ii)    11-47 Longueville Rd & 2-4 Burley St

·        Density & scale: The Floor Space Ratio is 4:1, incompatible with the reduction to 12 metres (3-4 storeys). Council had proposed FSR 2:1 and Height 18m (6 Storeys) along Longueville Rd down to the bus interchange, with 25m on the corner at the Pacific Hwy/ Longueville Rd western intersection, aiming to create a matching “gateway” with the Pacific/ Mafeking corner opposite.

(iii)   Lane Cove Village -1-5 Birdwood Avenue (Business Club)

·        Zoning: This site has been separated from the surrounding commercial provisions existing since the 1990s, so that it is the only Local Centre B2 site no longer permitting shoptop housing.

·        Density & scale: The site has a new FSR of 2.1:1, where the other commercial sites have FSR 2:1 or 2.5:1 with shoptop housing: return to 3:1 (as since 1994).



(iv)   Long-standing landscaping heritage

·        During the DLEP’s preparation, the Department instructed Council that it may no longer include the landscape items formerly listed in LEP 1987’s Schedule 6. It is proposed to restore this list within the LEP 2009 Schedule 5 – Environmental Heritage, including Newlands Park’s sandstone entry gates and remnant indigenous trees, as resolved in 2003.


Recommendation: Council note the Schedule A.7 amendments.

A7.1 -16

Options for Council Determination- Schedule B


2.         Precincts and Major Sites


150 Epping Road

Proposal: The owner, Rose Group, has requested a rezoning to: part High Density Residential R4 (on the developable area) and part Environmental Conservation E2 (on the eastern "handle") - from Light Industrial IN2.



Council supported the rezoning for high density residential in 2008, with community support, to reduce pressure on existing suburbs in locating dwelling increases to meet the Metropolitan Strategy’s 2031 residential target for Lane Cove. This factor has been modified to some extent with the Department’s gazettal of the Mowbray precinct for residential flats. Updated residential and jobs targets are, however, expected to be released shortly for 2036.

The Department advised in April 2009 that it would defer rezoning from Light Industrial IN2 in LEP 2009, but that “any proposal to rezone the Shell site should be undertaken by way of an amendment to the LEP when gazetted”, that is, in this current review.

A report to the Council Meeting on 19 July recommended that Council endorse Rose Group’s Planning Proposal of 13 July 2010 to rezone the site as part High Density Residential R4/ part Environmental Conservation E2, and submit this to the Gateway, with any more detailed studies being undertaken after that if required.

Council resolved however:-

            “That Council defer the matter while it undertakes an Urban Design Analysis:-

         (a)     which considers the best use/zoning of the site to benefit the Lane Cove          community while meeting the broader needs of State Government

                  strategies; and

(b)     if a re-zoning is recommended, then considers inter alia the most      appropriate height and FSR controls for the site.”


Urban Design Study

GMU’s urban design analysis study was provided to Councillors at the workshop on 13th September. Its key recommendations were:-

·   Height: 39 metres ( =12 storeys, or 10 storeys of industrial/commercial, with plant and lifts)

·   FSR:             1.1:1 as currently (slightly less may result for residential design), equating to 1.89:1over the developable spoon portion.

·   Land use: Mixed Use.


As a result of GMU’s suggestion of a potential residential precinct being extended to the industrial lands close to the river, Councillors requested that National Starch Australia be contacted to indicate its intentions for the recently-acquired factory site at 170 Epping Road. A copy of the firm’s response is attached at AT 5, indicating its long-term intentions to remain in industrial operation. The industrial precinct by the river straddles the two municipalities and is zoned industrial in Willoughby’s draft LEP.

 Options for Zoning

The options for the zoning considered to date comprise:-

(i)         High Density Residential R4 and Environmental Conservation E2, as proposed by Rose Group: This would conform with Council’s support for residential rezoning in DLEP 2008

(ii)        Mixed Use B4, as recommended by GMU: This offers certain advantages. It does not stipulate which land uses are included, and these could be solely residential as requested by Rose, or industrial or commercial, and/or a mix as the Department suggested. (The site is identified in the Department’s Draft Inner North Subregional Strategy 2007 as “land with potential to allow for a wider range of employment uses”.) GMU accepted any of the three zones being feasible, subject to suitable controls. GMU’s recommendation aimed to allow for a commercial buffer between Epping Rd and the residential component, if appropriate.

(iii)       Light Industrial IN2 – no change: This would be inconsistent with the policies of Council and the Department to provide wider opportunities for the redevelopment of the service station site.

Options for Height and FSR

The options for scale comprise:-

(i)         GMU’s recommendations of Height: 39 metres and FSR 1.1:1 or

(ii)        Such other scale as Councillors determine.


The process of resolving the site’s future may include:-

·   Council resolves to submit the LEP to the Gateway with its preferred zone and scale for the site

·   As formerly indicated to Councillors, there is also a possibility of the proposal being taken in for determination under Part 3A of the EPA Act by the Minister or

·   Councillors may however be given the alternative of accepting a combined LEP/DCP/DA proposal from Rose Group, enabling Council to have an ongoing role in guiding the outcomes for the site.

·   In preparation for any of these directions, Councillors are requested to determine their preferred zoning, height and floor space ratio so that these issues can be taken into consideration should the site be sponsored by the Department and Minister.

Recommendation: That Council determine its preferred options for the site’s (i) zone, (ii) height and (iii) floor space ratio.



















































































2.2       Mowbray Road / Stringybark Precinct


Zoning and Development Controls

The area bounded by Mowbray Rd, Centennial Av, Hatfield St and Stringybark Reserve was rezoned to High Density Residential R4 by the Department. Council had resolved under DLEP 2008 for a mixture of low density housing and medium density townhouses (i.e. other than for existing flats areas and the Housing area in Mindarie St west). As a result of the rezoning to R4, the area’s FSR gives it the potential for approximately 2,200 new dwellings, though in practice this is estimated to be around 1,500 due to site constraints.

Community associations, specifically the Stringybark Creek Residents Association and Lane Cove Bushland & Conservation Society, and individuals within the community had opposed rezoning for high density on grounds including environmental impact, topographical constraints and traffic impacts. Council had written to the Department and Minister expressing these concerns and reiterating the request to revert to a lower density zoning. The precinct had ranked low on Council’s sustainability criteria for the above reasons, and in particular due to its distance from shops, community facilities and transport.

The Rural Fire Service has, since the R4 zoning, raised further constraints, including identifying a 39 metre buffer within which development applications were not assured of meeting the performance criteria of the Planning for Bush Fire Protection 2006 guidelines and, significantly, advises that these guidelines do not envisage high density adjacent to bushland. That 39 metres buffer covers all of the properties fronting Gordon Crescent, Kullah Parade and the southern side of the Mindarie West area zoned in response to the Department of Housing.

Infrastructure – Traffic Open Space & Community Facilities

The RFS recommends a traffic study into the access for emergency vehicles and residents evacuating the area. The Ministry for Transport had not supported the area for higher density in 2008.

It is foreseen by Council’s Urban Services section that residential growth in the new flats would require amplification of stormwater pipes, with potential implications for the Stringybark Reserve’s bushland. Additionally, the cumulative effect of excavated parking levels on underground water flow patterns has not yet been the subject of a study.

It is understood that higher density would result in the need there for increased open space and community facilities.  The Department of Planning has not undertaken the above studies on traffic, hydrology, open space or community facility requirements prior to rezoning for higher density. There is also an issue of who should pay for such studies – the Department, Council or developers. Individual developers would cover only the impacts of their sites, so an integrated approach is recommended with Council undertaking the studies and seeking funding either from the Department or the future Section 94 plan.

Council’s Open Space manager advises that the  open space needs for increased population in Lane Cove North would most appropriately be met by a park of a minimum of 0.5ha (5,000m2). This level of park is in under-supply in the municipality generally (by contrast with the number of pocket parks). It would require approximately 9 standard house lots. The potential was raised at the Councillor workshop of extending the park on the corner of Mindarie St and Kullah Pde. The Department of Housing owns Nos.10-16 Pinaroo Place, totalling 2,950m2 approximately immediately south of the park, which combined with the park would total 5,000m2. The under-used 1,330m2 pocket park at 1 Girraween Av could be offered to Housing in return, with a possible road closure to provide the balance of replacement land for Housing from Council. These type of possibilities, including whether Housing would contribute land as a development contribution, should be explored regardless of whether any of the R4 zoning is reversed. Although they do not necessitate a rezoning under the LEP, that would be appropriate in a later review as part of a masterplan for the area, subject to whether the zoning for flats proceeds.

Community facilities, including shops, are currently dispersed over more than 1 kilometres along Mowbray Rd on both the Lane Cove and Willoughby sides. The Department did not identify a neighbourhood shops zone in its rezoning, but advised Council that it should do so in its DCP. Shops are permissible in the R4 zone, but it is unlikely that they will be provided by developers. Another need is for a centre suitable for community and private gatherings.

The recent St Peter seniors’ living development in Willoughby, opposite the small shops at 536A Mowbray Rd (above the Gordon area), includes a Shorelink branch library, small community meeting room, café and play equipment. These are available to Lane Cove residents, but are not of a scale envisaged to cater for future high density on Lane Cove’s south side. Mowbray Rd would be suitable for retail viability in terms of visibility, but the Department of Housing owns only a few, scattered lots on Mowbray Road so there is little opportunity to negotiate with Housing to allocate a site for a neighbourhood centre. If the R4 zone is not reversed, this issue will need to be resolved while redevelopment sites remain available.

It should be noted that two DAs have been lodged already for this precinct in the Mowbray-Gordon area, more may be submitted before the zoning could be reversed, and property transactions may have been made based on the valuation of the R4 zoning. As a result, there are expected to be many property owners who may not support a reversal for their land to a lower density zone.

Two options are put forward for Council’s determination:-

Options for Zoning

i)          Reverse the zoning to predominantly low density as in DLEP 2008’s low-medium density zones plus high density in Mindarie West Dept of Housing area, but with the house zone to be a mix of Low Density Residential R2 along Mowbray Rd and Environmental Living E4 (see Note) for houses  fronting the bushland , or

ii)         No change – retain the Department’s High Density Residential R4.


Note: The Stringybark Association has recently proposed that, in zoning the area back predominantly for houses, the most suitable zoning adjacent to the bushland would be Environmental Living E4. Willoughby Council has been permitted to exhibit this E4 zone in combination with Low Density Residential R2 to the north of Mowbray Road. The E4 zone’s objectives are “to provide for low-impact residential development in areas with special ecological, scientific or aesthetic values” and a copy of the land use table is attached at AT-6.


Options For Scale

i)      It is recommended, though, for any high density R4 zones, to reduce the FSR to 1.5:1 (as in 2008) rather the Department’s 2.1:1. This scale may be viable in development proposals put forward for the area this year, and so should satisfy the Department of Housing’s requirements. The 12 metre height should not be increased, or

ii)      No change from Department’s gazetted FSR 2.1;1 and height 12 metres.

Open Space: Propose exhibiting of expansion of Mindarie St park as RE1 zone over 10-16 Pinaroo Place in negotiation with Dept of Housing.

Community Facilities: Potential sites to be discussed with Department of Housing, Department of Planning & Willoughby Council for inclusion in the LEP exhibition.


1.       Determine whether “to amend zoning and scale to the lower densities of DLEP 2008, with FSR to 1.5:1 in any remaining R4 zone” and

2.       if R4 zoning is not amended - discuss with the Department of Planning and Department of Housing approaches to undertaking requisite studies relating to increasing residential density.




























































































































4.         Land Reservation


Council is requested to consider whether it wishes to commit to land acquisition for certain public purposes, in which case relevant lands for “reservation” have to be identified in the LEP maps.

Cox’s Lane:

Potential road widening was suggested, as part of the Village Structure Plan process, to divert Tambourine Bay Rd/ Burns Bay Rd traffic from the Village to potential new lights at Epping Rd, in anticipation of increasing population.

On the eastern side of the lane, setbacks were provided in the DCP as an interim measure in case reservation zoning were to be needed.  It would be necessary, however, to identify the land in the LEP for reservation acquisition by Council if it wishes to secure the land for future road expansion.

This proposal is constrained by the squash courts at 29 Birdwood Av and flats at 10 Epping Rd (extending between Epping Rd and Birdwood Rd on the eastern side of the lane). For the properties south of Birdwood Avenue it is feasible, as these were recently rezoned for R4 redevelopment, but this side involves five properties in total including the church site.

On the western side, Council owns three of the four properties between Birdwood Avenue/ the roundabout on Burns Bay Rd. The fourth is a house (23 Finlayson St) which, being 920m2 in area, may allow subdivision for a lane portion, with a smaller house lot remaining for resale by Council. This may appear more feasible than the eastern side, but involves loss of the three small pocket park lots. Council’s Open Space manager has expressed concern at the loss of remnant blue gum and blackbutts and a fenced play area, and the difficulty of replacing the loss of open space for big trees in the central areas.

Reservation on either side would require a financial commitment by Council if it proceeded after LEP exhibition.

An alternative proposal may be to restrict peak hour parking to ensure unimpeded two-way traffic.


·      Reserve, for long-term Council acquisition, the eastern and western sides of Cox’s Lane south of Birdwood Avenue - for the purpose of LEP exhibition, to allow for investigations or

·      No change – plan for parking restrictions instead.

Recommendation: Council to determine.






Amendments not supported: Schedule C


1.         Individuals’ zoning and other requests


15 Austin Street (fourth lot to the west of Market Square carpark entrance):-

Proposal: The owner has requested a rezoning to High Density Residential R4 from Medium Density Residential R3

Submission Grounds: Urban regeneration of an area in transition, neglected site, redevelopment would improve streetscape, close to shops and transport, Nos.9-15 total 3,000m2 approximately so are suitable for 1-2 flats developments, supports residential growth opportunities, infrastructure upgrade would benefit Council with stormwater upgrade to rear of site adjacent to the carpark, and the applicant’s view that the development “would warrant substantive section 94 returns” to pay for the civil works.

Comment: In relation to the locality, the submission states that, in relation to the balance of Austin Street, “directly opposite, there is a Primary School and therefore potential for pedestrian and traffic conflict” (p.7 of submission). This comment applies equally to Nos.9-15 Austin Street. Council, in consultation with Lane Cove Public School and Woolworths has only recently settled the pedestrian crossing and entries to the commercial carpark on the narrow, winding street. Austin Street already being impacted by significant traffic to the retail centre, and it is not recommended that high density be introduced so close to the school and entries.

This area was ranked low in 2008 for residential flats partly due to its topography as being of relatively low suitability for typical flats demographics, including retirees and young families with strollers. Only No.15 is neglected, having a lapsed approval for a medical centre. The area is a mixed use area rather than an area in transition. Its townhouse zoning, with lower vehicle generation, is appropriate close to the school and in a quiet, low-medium density street. The streetscape would be enhanced equally by new townhouse development as by flats.

Council’s Assets Manager advises that the stormwater pipe has already been substantially upgraded to the rear of Nos.9-15 recently by Woolworths. An easement has not been created, but this does not require R4 zoning. Additionally future buildings there would need to be limited to the southern, uphill portion away from the overland flowpath crossing Nos.9-15, and this would be more difficult to design for flats with higher FSR (proposed at 1.7:1) to achieve than townhouses (0.7:1).

The increased dwellings are not required for Lane Cove’s residential target under the Metropolitan Strategy. As this is a 25-year plan, it is premature to assume that townhouses will not develop on Nos.9-13 so that this is not an isolated site, and its neglect is not a reason to increase its density.

Reliance on rear access via the public carpark is not supported, as constraining Council’s options for that lane’s configuration or use, and was rejected in the former medical centre application. Amenity would be qualified by shadowing from vegetation to the north.

Recommendation: Amendment is not supported, on grounds of traffic increase close to a school, inconsistent character with the residential precinct, topography and engineering constraints. Note: The proposal for rezoning would be dependent on adjacent sites to the east, at least No.13, being included, but the owners of Nos.9-13 are not party to the application.



15-17 Birdwood Avenue (two R4 lots to the west of the RTA/ Council carpark):-

Proposal: The owners have requested rezoning to Mixed Use B4 from High density Residential R4.

Submission Grounds: The Mixed Use zone was applied to the area from west of the Lane Cove Club to the RTA’s carpark ( Nos.11-13) to provide flexible options for redevelopment of this infrastructure site. The Mixed Use zone permits residential development, which would allow amalgamation with Nos.15-17 for flats, so that these are not therefore isolated sites. The carpark is an appropriate boundary for the commercial area, whereas Nos.15-17 are set within Birdwood Avenue’s residential precinct. Retail potential has not fully been taken up in the Village’s existing commercial B2 zone, for example on the western side of Little Lane. Additionally the options for Rosenthal Avenue’s Mixed Use site have not yet been determined. Therefore, as substantial retail/ commercial land remains under capacity, it is not economically supported to extend this form of land use to 15-17 Birdwood Avenue.

Recommendation: Amendment not supported, on grounds of economic viability on a site relatively isolated from the centre and satisfactory supply of mixed use land. For a subsequent review subject to demand as the population grows.


Birdwood Avenue South Side

Proposal: Owners requested height increase from 5 to 7-9 storeys and commensurate FSR rise above 1.7:1

Submission Grounds: Economic value increase for their properties and amenity.

Recommendation: Amendment not supported - Council settled the 5-storey scale for this precinct after consultation in 2008, reducing the scale from the exhibited FSR of 2:1 and 21 metre height. The recent DA submission for 3-9 Finlayson St has shown the viability of the existing 18m height and 1.7:1 FSR.


1A Burley Street (west of BP service station):-

Proposal: The owners have requested an increase in scale of the R4 site, to a height of 8 storeys and FSR 3:1.

Submission grounds: Need to redesign buildings away from noise and light spillage of service station/ take way outlet causing reduced amenity for the existing townhouses.

Comment: The BP station has existing use rights and has had consent for 24/7 operations since the 1990s (D183/98). The level of noise from late-night patrons is understood to have risen with increasing traffic volumes over time, though this was foreseeable, but may be partially due also to the demolition of a former workshop and BP building redesign.

To the extent that “unacceptable noise” and light spillage (p.5 of submission) could be mitigated by a design reorientation of new flats away from the BP station, this could also be achieved under the current flats controls albeit with lower height; however increasing the number of dwellings being impacted is not a rationale for amendment. The proposal for a “tall, thin building with almost no windows on its northern façade” (p.6 of submission) would not comply with the DCP or SEPP 65 design criteria of a maximum of 10% south-facing windows.

The proposal would require amalgamation with Nos.1B and 1, creating an irregular L-shaped site which, even with relocation of an electricity substation at the centre of the frontage at No.1B, would be less than the 1,500m2 minimum area for flats (1,440m2). No.1A itself is only 678m2. No.1 extends closer again to noise from KFC’s drive-through than 1A.

The 8-storey height proposed in DLEP 2008 for the RTA worksite at 2-4 Burley St (to be resubmitted in this Review) fronts the Longueville Rd/ Pacific Highway intersection and is intended for a gateway tower in scale with one around 400 Pacific Highway on the east side, but the RTA site is not a precedent for 1A Burley St which does not front the Highway. The opposite side of Burley St to this proposal is a townhouse zone, Nos.3-5 to the west are 3-4 storey walkup flats, as are the predominant form of flats along the Highway northwards. The 5-6 storey building nearby to the north is commercial. The 15 storeys approximately opposite in Willoughby adjacent to the freeway is not a precedent.

The site is not required for the Metropolitan Strategy target.

Recommendation: Amendment is not supported, on grounds of inconsistent scale and character within the streetscape and amenity issues for future residents. Note: The proposal for rezoning would be dependent on adjacent sites to the west, but those owners are not party to the application.


160 Burns Bay Rd (a house block located immediately to the west of the Burns Bay Road shops (on the south side, facing the Figtree Street intersection):-

Proposal: The owners have requested a rezoning to Neighbourhood Centre B1 from R2.

Submission grounds: Extension of neighbourhood centre and rationalization of vehicle access.

Comment: Council’s Traffic engineer has raised a number of concerns. The existing shops already have only limited on-street parking available, as there is no rear lane. Parking could not be provided outside No.160 due to its location on an intersection. A proposal to relocate the bus stop currently outside No.162 adjacent and close to a pedestrian island, to further westwards within the residential precinct, has not been supported by Council as the stop’s purpose is to serve passengers travelling to the shops.

If on-site parking were provided in the new shop site, cars would have to enter left-in from the eastern (Village) direction and exit left-out (as they could not turn right due to the pedestrian island in front of the site), then circle the block or perform a U-turn to return.


Rezoning this one lot would set a precedent for ad hoc expansion of the retail into the residential precinct. If future expansion is warranted for an increasing population, a complete review of this centre would then be appropriate.

Recommendation: Amendment is not supported on grounds of traffic, parking and access constraints.


25-29 Longueville Rd (on north-western, high side):-

Proposal: The owners request that the High Density residential R4 strip along the northern side of Longueville Rd be increased in height to 18 metres and that the FSR of 4:1 as gazetted be retained, or at least a minimum of 3:1.

Submission Grounds: This scale is necessary for viable redevelopment of the area. Council’s controls would prevent “green” development.

Comment: The gazetted LEP set a height of 12 metres (4 storeys) with FSR of 4:1. Council’s DLEP had supported 18-25 metres but with FSR of 2:1. The strip has been redeveloped some decades ago from houses and now mostly comprises ageing flats. The Hill PDA economic viability study recommended a FSR of 4:1. However that scale would produce a higher numbers of units than would be sustainable in terms of vehicle generation, given the lack of access on the RTA’s Longueville Road and the limitations of Taylor’s Lane to the rear – although alternatively cars could be prohibited with new developments.

By contrast, the nearby Finlayson/ Birdwood precinct is proving viable with the DA for 3-9 Finlayson St complying with the FSR of 1.7:1. It is noted that this involved purchase of houses, rather than flats, allowing viability at a lower FSR. Nevertheless it is recommended that, rather than endorse the significant scale of 4:1, for which there is no precedent around Lane Cove Village (eg the Little Lane DA is only 2.7:1), it is suggested that slimline, 6-8 storey buildings would allow long-distance views and be preferable in terms of the centre’s urban character. A later stage LEP review could increase the scale if required, but at this stage it is suggested that the market be tested by retaining Council’s 2008 proposal for FSR of 2:1 and height of 18-25 metres.

Recommendation: Application to retain the gazetted 4:1 not supported - revert instead to DLEP 2008’s 2:1, while supporting increased height from 12 to18-25 metres, on grounds of proposed FSR producing a built form unprecedented for this locality, and excessive vehicle generation.


694-698 Mowbray Road (in industrial area west of Cumberland Av):-

Proposal: An owner has requested rezoning to High density residential R4 from industrial.

Comment: - These three lots are not isolated but sit squarely within the industrial zone, the nearest non-industrial uses are houses and townhouses, and there are no flats in the vicinity. Rezoning would result in loss of employment lands and potential for significant land use conflict.

Recommendation: Amendment not supported, on the grounds of being an incompatible land use. Note: The proposal for rezoning would be dependent on all three sites to meet the DCP’s 1,500m2 site area, but the others owners are not party to the application.





194-206 Pacific Highway (between Bellevue Av & Nield Av, Greenwich):-

Proposal: An owner has proposed an increase in the scale of these properties.

Submission Grounds: Redevelopment viability.

Comment: This request is understood to relate to the approval in the LEP of High Density Residential R4 zoning, FSR of 1.5:1 and height of 18 metres for Nield Avenue’s ten house lots, where Waterbrook Stage 2 now has approval for a hospital. The subject strip along the highway is zoned and developed as high density R4, comprising: a 5-storey hotel (No.194), a 3-storey motel (No.196),  2-storey flats (No.198) and 3-4 storey flats (No.200-204). These flats are consistent in scale with flats extending throughout Lane Cove the length of the highway.

The subject properties extend along a ridge on Pacific Highway, with a lower density residential precinct downhill to the south. The significant increase in scale required for viable redevelopment of the sites would be out of character with adjacent development, and likely to have a detrimental impact in terms of overshadowing in particular. The Waterbrook development, by contrast, viably replaces low density housing and is to provide the public benefit of a hospital set away from the highway’s noise.

Recommendation: Amendment not supported, on the grounds of overdevelopment, inconsistent scale relative to adjacent development and potential loss of amenity to the residential precinct to the south. Note: The proposal for rezoning would be dependent on adjacent sites, but those owners are not party to the application.


Development Applications Monitoring

An aim of the 12-month review is to monitor development proposals in terms of the viability or appropriateness off the LEP’s development standards and the development controls for the DCP review. A total of 6 DAs have been lodged to date, all for the Joint regional Planning Panel, comprising 5 DAs for residential flats and one (Council’s Little Lane DA) for mixed use, with one Concept Plan submitted to the Minister under Part 3A for commercial development in St Leonards.

Two of the DAs have been determined so far by the JRPP:-

·           3-9 Finlayson St – approved by the JRPP, with full compliance (except for a minor corner setback) with the LEP’s height and FSR, indicating the viability of the new Finlayson/ Birdwood rezoning to provide flats with lifts close to the Village.

·           290 Burns Bay Rd – refused by the JRPP due to significant non-compliances, indicating the JRPP’s support for maintaining Council’s objectives and standards.

The following observations have been made upon the first eight months of LEP 2009’s operation:-

(i)         The DA section has adopted a firm policy of requiring compliance with the LEP’s height and FSR standards, to ensure consistency and equity for applicants.

(ii)        The development standards have so far appeared to be viable for each precinct, as in the example of 3-9 Finlayson St, or able to be adapted to, in the case of the Mowbray Rd. In the latter area, where developers initially indicated that the 12 metre height limit was not achievable with the Department’s 2.1:1 FSR, two DAs have now been lodged and, while assessment has not yet been determined, the 12 metre height is being met.

(iii)       The system of formal pre-lodgement DA meetings is important in guiding applicants to submit DAs which satisfy Council’s policies.

(iv)       It has been noted that, in the replacement of houses with flats, a proportion of vegetation is proposed to be removed to fit the apartments’ footprints. This though, regrettable, is inevitable to an extent to meet the requirements of the Metropolitan Strategy for Sydney. Staff are considering a vegetation replacement policy to be drafted into the DCP to restore the leafy character of rezoned areas as far as is possible in the medium term. It is noted that one DA, in the Mowbray precinct, was redesigned to respond to at least some of the concerns of Council’s Tree Preservation Officer.

(v)        As discussed elsewhere in this report, the Mowbray precinct rezoning by the Department has indicated the need for closer liaison with State authorities. This already involves the Rural Fire Service, and is expected also to include the RTA and Sydney Water.

(vi)       The sole Part 3A application, a major commercial  development in Christie Street, has involved discussions with the Department since lodgement of the Concept Plan, and these indicate that the Department is supportive of Council’s involvement in discussing the foreshadowed DA to take into account the objectives of the LEP and DCP and to respond to public submissions. As this has been the only application of this type, though, experience is limited in the outcomes the Part 3A process will produce.

Community Consultation

Statement of Intent

The consultation is designed to (i) conform with the Department of Planning’s requirements as may be advised at the LEP Gateway stage and (ii) seek the views of the community, and specifically individual owners, on a range of potential LEP amendments. Any comments received will be reviewed and evaluated to determine whether or not to proceed, with or without variation, with those amendments.


The Department of Planning will advise of the consultation requirements within its Gateway process if the LEP is permitted to proceed to exhibition.


Level of Participation




Form of Participation




Target Audience

Lane Cove Community, community groups, Precinct Committees, Lane Cove Alive and adjacent Councils

Key message givers eg. Relevant property owners

Lane Cove Community

Proposed Medium

Advertisements, Letters,

Public Exhibition,

E-newsletter and

Website Exhibition




Public Exhibition, Public Hearing

E-newsletter and

Website Exhibition


Indicative Timing

Early 2011

Early 2011

Early 2011


Council has completed a review of LEP 2009 as required by the Department to be undertaken within twelve months. The proposals for amendments respond to a range of suggestions from the community and staff. Certain matters are put forward for Council to determine. Others have been considered but are not recommended for change.

Key recommendations include:-

·      Mowbray Road/ Stringybark Reserve precinct (Hatfield St to Centennial Av) zoning to be reversed to low-medium density housing from flats, as submitted to the Department under DLEP 2008 in August 2008

·      Lane Cove West Industrial Area floor space ratio (FSR) to be increased to maximum FSR1.5:1, as submitted under DLEP 2008, other than 160 Epping Rd being increased to 1.1:1 maximum due to its areas of environmentally sensitive land.

·      150 Epping Road (Shell site) to be rezoned to allow mixed use development, with a 39 metre maximum height limit (retaining the FSR of 1.1:1).      


Council is requested to endorse or determine the items as listed in the Schedules in AT-1.




That Council:-

1.    Adopt a range of draft amendments to LEP 2009, relating to the Schedules at AT-1 or variations to these, for submission to the Department of Planning;

2.    Submit the LEP with adopted amendments in the form of a  planning proposal to the            Department of Planning LEP Gateway, requesting approval to proceed to exhibition; and

3.    Undertake a public exhibition of the LEP amendments for a period of 6 weeks and public hearing for the reclassification of land, subject to the Department’s approval in Recommendation 2, in accordance with the Environmental Planning & Assessment Act, Local Government Act, and Consultation Strategy outlined in the report.

4.      Receive a further report outlining the results of the Community Consultation







Michael Mason

Executive Manager

Environmental Services Division




AT‑1 View

Schedules A, B & C: Proposed LEP Amendments

6 Pages


AT‑2 View

Gateway Process Chart - Dept of Planning

1 Page


AT‑3 View

St Leonards FSRs as Adopted 18 May 2009

1 Page


AT‑4 View

Reclassification of Land Proposals

1 Page


AT‑5 View

National Starch Letter

2 Pages


AT‑6 View

Environmental Living E4 Zoning

1 Page




Ordinary Council Meeting 18 October 2010


Environmental Services Division Report No. 41






Reference:    Environmental Services Division Report No. 41

Subject:          Sustainability Lane 2010    

Record No:    su3995 - 43428/10

Author(s):       Steve  Fedorow 



Executive Summary

Council formed a partnership with the Lane Cove Sustainability Action Group to make the 2010 Lane Cove Village Fair/Sustainability Lane a plastic bag free event.  Four thousand “Plastic Bag Free Lane Cove” branded reusable calico bags were distributed to fair attendees, with Coles and Woolworths each distributing a further two thousand ‘green bags’ to their customers.


The Lane Cove Sustainability Action Group (LCSAG), an incorporated community group formed out of the 2008 Community Sustainability Workshop series have previously collected a petition of over 1000 signatures in support of a plastic bag free Lane Cove, engaged with local retailers and lobbied Coles and Woolworths regarding the issue.

As an extension of their campaign, LCSAG approached Council with an initiative to make the 2010 Lane Cove Village Fair/Sustainability Lane a plastic bag free event.


Council agreed to support the initiative and provided 4000 “Plastic Bag Free Lane Cove” branded reusable calico bags and associated advertising materials (Posters, Flyers and advertisements in the North Shore Times).

Posters and a supply of bags were distributed by the LCSAG to all participating retailers and stallholders for use on Sunday 10 October 2010.  LCSAG were also instrumental in obtaining Coles and Woolworths support for the day.


Approximately eight thousand reusable shopping bags were distributed free to Lane Cove shoppers and fair attendees on Sunday 10 October 2010 raising awareness about this environmental issue.  Ongoing use of the four thousand “Plastic Bag Free Lane Cove” reusable bags will continue to keep this issue in mind for the local community.



That Council:-

1.   Receive and note the report;

2.   Recognise the efforts of the Lane Cove Sustainability Action Group in engaging with the business community to bring the Plastic Bag Free day to fruition;

3.   Recognise the support of local retailers (including Coles and Woolworths) for this initiative.



Michael Mason

Executive Manager

Environmental Services Division



There are no supporting documents for this report.

Ordinary Council Meeting 18 October 2010


Environmental Services Division Report No. 42






Reference:    Environmental Services Division Report No. 42

Subject:          Delegated Authority Report - September 2010    

Record No:    SU1863 - 43435/10

Author(s):       Angela  Panich 




Executive Summary


During the month of September 2010 a total of 41 Development Applications were determined under delegation by staff and two (2) by Council.  In addition 16 Privately Certified Construction Certificates were issued.  There were eight (8) Privately Certified Complying Developments in September.


Developments under the new State Environmental Planning Policy (Exempt and Complying Development Codes) 2010 in September were:-


                        9 Garthowen Avenue                          -           Inground Pool;

                        6 Linley Place                                      -           Dwelling;

                        2/242-246 Longueville Road               -           Inground Pool;

                        454 Mowbray Road                             -           Inground Pool;

                        71 Northwood Road                            -           Demolition;

                        189 Burns Bay Road                          -           Dwelling;

                        31-33 Sirius Road                               -           Use/Fitout; and

                        180 Burns Bay Road                          -           Inground Pool.






That the report be received and noted.







Michael Mason

Executive Manager

Environmental Services Division




AT‑1 View

Development Applications determined for September 2010

6 Pages