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Late Agenda

Ordinary Council Meeting

1 November 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 1st  November 2010 commencing at 7:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Win Gaffney. Councillors are entitled to one vote on a matter. If votes are equal, the Chairperson has a second or casting vote. When a majority of Councillors vote in favour of a Motion it becomes a decision of the Council. Minutes of Council and Committee meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm of the Thursday following the meeting.

 

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items of the agenda.

 

Members of the public may address the Council Meeting on any issue for a maximum of 3 minutes during the public forum which is held at the beginning of the meeting. All persons addressing the Meeting must speak to the Chair. Speakers and Councillors will not enter into general debate or ask questions.

 

If you do not understand any part of the information given above; require assistance to participate in the meeting due to a disability; or wish to obtain information in relation to Council, please contact Council’s Manager Governance on 99113525.

 

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under section 12(6) of the Local Government Act, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

 


Ordinary Council 1 November 2010

 

TABLE OF CONTENTS

 

 

 

 

 

Referred Report FROM Inspection Committee 30 October 2010

 

1.       Environmental Services Division Report No. 368

SUBJECT: 41 Arabella Street, Longueville...................................................... 4

 

Reports Of Committees

 

2.       Report Of Committees No. 39

SUBJECT: Inspection Committee - 30 October 2010...................................... 10

 

 

 

 

 

 

          


Ordinary Council Meeting 1 November 2010

 

Environmental Services Division Report No. 368

 

 

 

 

 

Reference:    Environmental Services Division Report No. 368

Subject:          41 Arabella Street, Longueville

Inspection Committee after considering this matter referred this Report to the Ordinary Council Meeting to be held on the 01 November 2010.   

Record No:    DA10/50-01 - 36112/10

Author(s):       Stan Raymont 

 

 

Property:                                 41 Arabella Street, Longueville

 

DA No:                                     DA10/50

 

Date Lodged:                          Section 82A Review – 11 August 2010

 

Cost of Work:                          $1,600

 

Owner:                                                S.W. Porcaro & N.A. Ackarie

 

Applicant:                                A. Porcaro

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

The proposal is a Section 82A Review of the determination of DA10/50, which refused consent for the erection of a 1.8m diameter satellite dish antenna on the roof of the dwelling house.

ZONE

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- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 1a, 10a and 10b

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                              37-39, 43, 45, 47, 58, 60, 62-64 Arabella Street; 3, 4, 5, 7 Christina Street and 4 Ann Street

Ward Councillors                    Central Ward and The Mayor

Progress Association             Longueville Residents Association

REASON FOR REFERRAL

The original development application for the 1.8m diameter satellite dish was refused under delegated authority.  The application has been called to Planning and Building Committee by Councillor Smith to allow the Councillors to consider the proposal.


EXECUTIVE SUMMARY

·     The application is a Section 82A Review of Determination which has been submitted following the refusal of DA10/50 for the erection of a 1.8m diameter aluminium mesh satellite dish antenna for international television reception on top of the eaves on the southern side of the two storey section of the dwelling house.  The application was refused for the following reasons:-

1.    The proposed satellite dish would be too prominent located on the two storey section of the dwelling house.

2.    The proposed satellite dish would adversely impact on the amenity of the nearby residents and the streetscape.

3.    The proposed satellite dish would create an undesirable precedent.

·     The original application sought to erect a 2.3m diameter dish in the same location.  This application attracted 5 objections.

·     The applicant was requested to submit an amended plan and relocate the dish to the rear.   The amended plan showed the dish reduced in diameter to 1.8m in the same location.  This amended proposal attracted 1 letter of objection.

·     The application was refused in July 2010.

·     The Section 82A Review was notified and 2 letters of objection were received.

·     The Section 82A Review is submitted to the Planning and Building Committee for review and determination.  The options available to the Planning and Building Committee are to reaffirm the original decision (refusal), approve without conditions, or approve subject to conditions.  In the event that the Planning and Building Committee favours the last option, draft conditions are provided.

BACKGROUND

Under the provisions of S82A of the EP&A Act, an applicant may request Council to review it’s determination.  Relevant detail follows which places the request in context.

SECTION 82A REVIEW

Section 82A of the Environmental Planning and Assessment Act is as follows:-

82A   Review of determination

“(1)    If the consent authority is a council, an applicant may request the council to review a determination of the applicant’s application.

 (3A)  In requesting a review, the applicant may make amendments to the development described in the original application;

(4)     The Council may review the determination if:

(c)   in the event that the applicant has made amendments to the development described in the original application, the consent authority is satisfied that the development, as amended, is substantially the same development as the development described in the original application.

(4A)   As a consequence of its review, the council may confirm or change the determination.

(5)     The decision whether or not to review the determination must not be made by the person who made the determination unless that person was the council, but is to be made by a person who is qualified under subsection (6) to make the review.

(6)     If the council reviews the determination, the review must be made by:

(a)   if the determination was made by a delegate of the council - the council or another delegate of the council who is not subordinate to the delegate who made the determination, or

(b)   if the determination was made by the council - the council.

(7)     The council must give notice of the result of the review to the applicant as soon as practicable after the review.

(8)     If on the review the council grants development consent, or varies the conditions of a development consent, the council must endorse on the notice the date from which the consent, or the consent as varied, operates.

(9)     If on a review the council changes a determination, the changed determination replaces the earlier determination as from the date of the review.

(10)   If on a review the council grants development consent, or varies the conditions of a development consent, the council is entitled, with the consent of the applicant and without prejudice to costs, to have an appeal made under section 97 in respect of its determination withdrawn at any time prior to the determination of that appeal.

(11)   A decision on a review may not be further reviewed under this section.”

SITE

The subject site is located on the south-western corner of Christina Street and Arabella Streets.  The site rises about 7m from the Arabella Street frontage to the rear boundary.  There is a part one/ part two storey rendered masonry dwelling house with a pitched tiled roof on the site.  At the rear there is also a swimming pool and a double carport.

PROPOSAL

The proposal is a Section 82A Review of the Determination to refuse development consent to construct a 1.8m diameter aluminium mesh satellite dish antenna on top of the eaves on the south side of the dwelling house.  The application was refused for the following reasons:

1.    The proposed satellite dish would be too prominent located on the two storey section of the dwelling house.

2.    The proposed satellite dish would adversely impact on the amenity of the nearby residents and the streetscape.

3.    The proposed satellite dish would create an undesirable precedent.

The applicant owner has submitted the following with the request for a Section 82A Review and a copy is attached (AT-1):-

a)    Supporting arguments annexure;

b)    Statement of Environmental Effects dated 31 May 2010;

c)    Letter dated 31 May 2010; and

d)    Letter dated 9 June 2010 from Opac Pty. Ltd.

The applicant’s submission addresses each of the three reasons for refusal


PREVIOUS APPROVALS/HISTORY

The original proposal was to construct a 2.3m diameter aluminium satellite dish for international television reception on top of the eaves on the south side of the dwelling house.  The dish was to sit on top of a steel pole with the top of the satellite dish being 335mm below the roof ridge.

Five submissions were received in respect of this proposal.  Concerns were:-

a)    Loss of view;

b)    Health issues;

c)    Option of relocating dish; and

d)    Dish is too big.

The applicant was advised that the satellite dish as proposed would not be supported and a revised plan for a 1.8m diameter satellite dish was submitted.

The revised proposal was to construct a 1.8m diameter aluminium mesh satellite dish antenna for international television reception on top of the eaves on the south-western side of the dwelling house.  The dish was to sit on top of a steel pole attached to the wall of the dwelling house with the top of the satellite dish being 295mm above the front parapet wall and 930mm below the roof ridge.  The satellite dish was to be set back 1015mm from the south-western boundary.  The overall height of the structure was less than the maximum 9.5m height limit.

One submission was received to this proposal on the grounds of loss of views.

The application was refused as outlined previously in this report.

For Councillor’s assistance, a copy of the original report is attached (AT-2).

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

The Section 82A Review was notified and two (2) submissions were received. The issues raised in the submissions were:-

·     Obstruction of harbour views;

·     Adequate availability of alternate TV stations, no need is seen for the satellite dish;

·     The satellite dish forms another element of visual pollution, which should be reduced, not allowed to increase;

·     Not aware of any other satellite dishes in Longueville;

·     Excessive size;

·     The possible health impact caused by the structure;

·     The negative impact on amenity of the neighbourhood; and

·     Alternate locations are available, such as in the yard, on the garage or on a part of the roof that is less obtrusive.

Copies of the submissions to the proposal are provided for Councillor information. 

 

COUNCIL DCP REQUIREMENTS

Under the provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, roof mounted satellite dishes with dimensions of 900mm or less and no higher than 1.8m above the highest point on the roof are “exempt” from requiring development consent. 

Council’s Development Control Plan, does not contain any provisions relating to the siting or size of satellite dishes, once a development application is required.  Such applications require consideration on a merit basis, and issues such as streetscape, impact on neighbours must be taken onto account. 

 

OPTIONS FOR PLANNING AND BUILDING COMMITTEE TO CONSIDER

The three options available are:-

1.         Reaffirm the original decision of 12 July 2010 to refuse the proposal, for the reasons given in the original determination.

2.         Approve the application without conditions.

3.         Approve the application with conditions.  Appropriate draft conditions are contained in the following schedule should Council form the view the application should be approved.

Schedule of draft conditions:-

1.         That the development be strictly in accordance with the amended drawing submitted 31 May 2010 number 1A and prepared by One Dragon Audio Visual, except as amended by the following conditions:

2.         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. 

3.         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.

4.         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.

5.         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’.

CONCLUSION

The proposed satellite dish was refused under delegation given the negative impact on the amenity of the area.  The application is a Section 82A Review of the Determination.  The Section 82A Review was notified and 2 objections were received.  The Council DCP does not contain requirements for the erection of such structures.  The application is therefore submitted to Planning and Building Committee for review and determination.   Three options have been suggested in the preceding report for the Planning and Building Committee’s consideration.


 

 

RECOMMENDATION

 

That the request for a Section 82A Review be referred to the Planning and Building Committee for review and determination based on the options outlined above. 

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Supporting Documents From Owner

8 Pages

 

AT‑2 View

Environmental Services Division Report No. 282 Dated 21 June 2010

5 Pages

 

 

   


Ordinary Council 1 November 2010

 

Report Of Committees No. 39

 

 

 

 

 

Reference:    Report Of Committees No. 39

Subject:          Inspection Committee - 30 October 2010    

Record No:    DA10/50-01 - 46347/10

Author(s):       Michael Mason 

 

 

 

Present:         Councillor W. Gaffney (Mayor), Councillor P. Palmer (Deputy Mayor), Councillor A. Smith, Councillor S. Bennison, Councillor K. Mcilroy, Councillor D. Brooks-Horn, Executive Manager – Environmental Services and Manager – Strategic Planning

 

Apologies:      Councillor R. Tudge and Councillor I. Longbottom

 

Item 1 – 41 Arabella Street, Longueville

 

Proposal to erect a satellite dish on the roof of an existing two storey dwelling.

 

Councillors met on site and heard from the applicant and neighbours.  Councillors viewed a satellite dish in the approximate location from Arabella Street, the rear of the subject site and elevated vantage point, of a nearby residence in Ann Street.

 

The matter was refused under delegation and is now referred to Council for determination as a Section 82A review.

 

Item 2 – Kerbside inspection of various sites being reviewed under Council’s draft LEP amendments.

 

Councillors visited a number of sites and had regard to the physical context of each location.  Staff noted comments by Councillors and the inspection meeting concluded.

 

 

RECOMMENDATION

 

That the minutes of the Inspection Committee of 30th October 2010 be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.