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Agenda

Ordinary Council Meeting

15 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 15th 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 15 November 2010

 

TABLE OF CONTENTS

 

 

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

 

OPENING OF MEETING WITH PRAYER

 

NOTICE OF WEBCASTING OF MEETING

 

ACKNOWLEDGMENT TO COUNTRY

 

 

public forum

 

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

 

 

CONFIRMATION OF MINUTES

 

1.      ORDINARY COUNCIL MEETING - 1 NOVEMBER 2010

 

 

Orders Of The Day

 

2.       Order Of The Day No. 26

SUBJECT: Council and Committee Meeting Schedule - December 2010

 

General Managers Reports

 

3.       General Managers Report No. 19

SUBJECT: Proposed Part  Road Closure Little Lane

 

Corporate Services Division Reports

 

4.       Corporate Services Division Report No. 63

SUBJECT: 1st Quarter Review of the Management Plan 2010 - 2013

 

5.       Corporate Services Division Report No. 64

SUBJECT: Council's Annual Report 2009 - 2010

 

6.       Corporate Services Division Report No. 65

SUBJECT: Delegation of Authority During the Christmas Recess

 

7.       Corporate Services Division Report No. 68

SUBJECT: 1st Quarter Review of the 2010 - 2011 Budget

 

Environmental Services Division Reports

 

8.       Environmental Services Division Report No. 441

SUBJECT: 19 Glenview Street, Greenwich

 

9.       Environmental Services Division Report No. 47

SUBJECT: Sustainability Small Grants Program - Greenwich Community Association

 


Human Services Division Reports

 

10.     Human Services Division Report No. 33

SUBJECT: Cultural Advisory Committee

 

11.     Human Services Division Report No. 34

SUBJECT: Halloween Event Planning Committee  

 

 

 

 

               


Ordinary Council Meeting 15 November 2010

 

Order Of The Day No. 26

 

 

 

 

 

Reference:    Order Of The Day No. 26

Subject:          Council and Committee Meeting Schedule - December 2010    

Record No:    SU1915 - 48442/10

Author(s):       Kirsty Fleming 

 

 

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

 

 

December                   4          Inspection Committee

 

December                   6          Ordinary Council

                                                Planning and Building Committee

                                                Services and Resources Committee

 

 

 

RECOMMENDATION

 

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

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

   


Ordinary Council Meeting 15 November 2010

 

General Managers Report No. 19

 

 

 

 

 

Reference:    General Managers Report No. 19

Subject:          Proposed Part  Road Closure Little Lane    

Record No:    SU3164 - 48304/10

Author(s):       John Lee 

 

 

Executive Summary

 

This report arises from advice that the inclusion of part of Little Lane as public road within the residential parking component of the proposed redevelopment without certainty was a determining factor leading to the withdrawal of the current application to allow additional time to resolve this matter.  The report recommends that Council commence the process to close that part of Little Lane affected by the development with a view to creating a stratum subdivision for the future airspace below the road surface.

 

Background

 

The proposal to include part of Little Lane into a redevelopment has been included in discussions and various Council reports since 2005.  As noted in General Managers Report No 34 to the Ordinary Meeting of Council dated 15 December 2008 when Council endorsed the current building design for the purpose of a development application, extending the carpark under Little Lane better caters for the residential component on the upper level rather than being split over two levels.

 

Discussion

 

Given the lead time involved in closing a road, it is proposed that Council commence that process now.  The area of proposed road to be closed is shown in AT-1 and affects two (2) sections approximately 2 metres and 4 metres wide along the Little Lane frontage to the carpark site.

 

This process will not result in a physical closure of the road pavement as the road pavement and the air space above will be stratum lots owned by the Council. 

 

This will then make way for applications for a stratum plan of subdivision for the proposed air space below the road surface to be lodged.  The space below the road pavement will include 2 stratum lots, one being for that part of the residential parking area below the road and the other being that part of the public carpark area below the road. 

 

A strata subdivision would be a subsequent application contingent on receipt of development consent for the redevelopment of Little Lane carpark site.

 

Closure of a public road is undertaken in accordance with Part 4 of the Roads Act.  In a Memorandum of Understanding between the Department of Lands and Council dated 28 April 2006, Council is authorised to act on behalf of the Crown in progressing a number of administrative functions associated with the closure of public road.  The first step in that process is public notification and receipt of public submissions.

 

Community Consultation

 

Statement of Intent

 

The consultation is designed to comply with the public notification requirements of the Department of Lands.  Any comments received will be reviewed and evaluated to determine whether or not to proceed with the proposed road closure.

 


Method

 

Level of Participation

Inform

Involve

Consult

Form of Participation

Open

Targeted

Open

Target Audience

Lane Cove Community

Key message givers (e.g. immediate neighbours through to Central Ave and Longueville Rd east side between Little St and Central Ave, and Relevant Public Authorities)

Lane Cove Community

Proposed Medium

Advertisement, Public Exhibition,

E-Newsletter, and Website Exhibition

Letters

Public Exhibition,

E-Newsletter, and Website Exhibition

Indicative Timing

November 2010- January 2011

November 2010- January 2011

November 2010- January 2011

 

 

 

RECOMMENDATION

That:-

1.   Council commence the process to close part of Little Lane as indicated in AT-1 in accordance with the Memorandum of Understanding with the Department of Lands dated 28 April 2006.

2.   Council undertake community Consultation for a  period of 6 weeks in accordance with the consultation strategy outlined in the report; and

3.   A further report be received outlining the submissions received.

 

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1 View

Map of Proposed Part Road Closure

1 Page

 

 

  


Ordinary Council Meeting 15 November 2010

 

Corporate Services Division Report No. 63

 

 

 

 

 

Reference:    Corporate Services Division Report No. 63

Subject:          1st Quarter Review of the Management Plan 2010 - 2013    

Record No:    SU238 - 46342/10

Author(s):       Ian  Naylor 

 

 

Executive Summary

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

Discussion

This report discusses the highlights of the First Quarter in 2010-2011 and provides a detailed analysis of the First Quarter progress against the performance measurements adopted by Council in the 2010-2013 Management Plan, shown attached as AT-1.  A continuing feature of the review is, where applicable, a cumulative year-to-date figure is provided for performance measures. 

Some of the highlights for the quarter include:-

·     Installation of traffic devices for Road Safety Scheme in town centre (July 2010);

·     Stabilised sandstone cliffs at Manns Point (July 2010);

·     Library Official Opening of new extension with Family Fun Day (July 2010);

·     Councillors and Staff attended Gunnedah Council’s Women’s Forum (July 2010);

·     Municipal Art Collection - Natural and Built Environment artworks on display (July 2010);

·     Falls Prevention Program for Seniors commenced (July 2010);

·     Walk Against Warming (August 2010);

·     Implemented changes for the Government Information Public Access Act (August 2010);

·     Seminar held on Good Governance and Business Planning for Community Organisations (August 2010);

·     Completed Stage 2 of Community Strategic Plan (August 2010);

·     Levelling of Blackman Park and Pottery Green fields (August - September 2010);

·     Council’s contractor won 2010 Environmental Design Award for Tambourine Bay Creek Restoration Project (September 2010);

·     ‘Runner Up’ in the Environmental Education Category of the Keep Australia Beautiful Sustainable City Awards (September 2010);

·     Sustainable Coffee Cup Program launched (September 2010);

·     Commenced construction of Burns Bay Boat Ramp (September 2010); and

·     Men’s Health Expo was held at the Lane Cove Men’s Shed (September 2010).

 

RECOMMENDATION

That the 1st Quarter Review of the Management Plan 2010-2013 be received and noted.

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

ATTACHMENTS:

AT‑1 View

1st Quarter Review of 2010 - 2013 Management Plan

24 Pages

 


Ordinary Council Meeting 15 November 2010

 

Corporate Services Division Report No. 64

 

 

 

 

Reference:    Corporate Services Division Report No. 64

Subject:          Council's Annual Report 2009 - 2010    

Record No:    su245 - 46814/10

Author(s):       Ian  Naylor 

 

 

Executive Summary

 

The Local Government Act requires each council to prepare an annual report on its activities for the previous financial year i.e. 2009/2010 within 5 months on the end of the financial year. It has been produced and is submitted for adoption by Council.

 

Discussion

 

A Draft Annual Report for 2009/2010 covers all of the matters listed in the Local Government Act to be addressed, in particular the financial details covered by the audited financial report. This document has been attached electronically and circulated to Councillors separately.

 

Highlights for the year included:-

 

Youth

 

Council’s Synergy Youth Centre recorded over 4,000 visits from young people over the past year. Synergy is open Tuesday to Saturday and provides information, employment assistance and personal support to young people as well as a variety of activities including excursions, band nights, sports, art workshops and school holiday programs.

 

Highlights over the past year included:-

 

·     redevelopment of the website www.lanecoveyouth.com.au to include more information about relevant services and youth related issues;

·     Youth Week April 2010 – combined with other lower north shore councils to stage Shorefest music event with local performers, chill out zone, food and market stalls;

·     Primary School Open Days – involved all 6th graders from local primary schools;

·     Battle of the Bands competition held at Synergy with winners playing at Shorefest;

·     Back Chat Parenting seminar held with Centacare Naremburn and Triple P Parenting Seminars; held with Northern Sydney Central Coast Health – both very successful with good attendance and positive feedback; and

·     Increase in attendance of Club 116 (ages 11-16) in both term and school holiday programs.

 

Aged Services

 

Council runs a multi faceted program for seniors in Lane Cove. Many of the activities are held at Council’s Seniors Centre, Queen Elizabeth Queen Mother Centenary Centre others involve working with various community service providers such as Lane Cove Community Aid Service, Lower North Shore Community Transport and Lane Cove Men’s Shed.

 

Some of the activities over the past year included:-

 

·     Community Kitchen Program (for men) was established in partnership with Lane Cove Community Aid Service. This turned into a very successful program, with sessions held on the first and third Thursday of each month;

·     Seniors Week “Cruising Through Seniors Week” involved over 20 events;

·     Seniors Seminars were held throughout the year including Loss and Grief Seminar, Scooter Safety, Quality Use of Medicines and Senior Driver Safety with NRMA;

·     International Day of Older Persons was celebrated with activities in Lane Cove Plaza;

·     “Being Active Staying Safe” falls prevention program was held inconjunction with Willoughby City Council and the Northern Sydney Central Coast Area Health Service. This involved a seminar and a series of falls prevention exercise classes, held in both English and Cantonese; and

·     “Pit Stop” program held in conjunction with Lane Cove Men’s Shed encouraged senior men to visit their health care professional.

 

Social Plan

 

Council completed its second Social Plan “Meeting The Needs of Our Community” which covers a five year period for 2010-2014. Council worked with the Lane Cove Social Development Group for strategic direction and BBC Consulting Partners for input from the community, government and non-government agencies. The Plan was adopted in March 2010.  The second Social Plan builds on and updates the first Social Plan, particularly taking into account the 2006 ABS data. It reviews how issues have progressed and explores what the community sees as needs.

 

Financial Assistance Grants

 

Council has a substantial financial assistance program in place, one of the most generous on the North Shore. It provides support to community based organisations providing services in Lane Cove. Council held its fifth Community Grants presentation in August. Thirty nine organisations were recipients of grants, which amounted to over $400,000. Council is very pleased to support such a vast array of community organizations, all working enthusiastically to meet the needs of people within the community.

 

Lane Cove  Listens

 

Council has been working on the Lane Cove Community Strategic Plan, called Lane Cove Listens. This is a guiding document for the community of Lane Cove as a whole. It focuses on achieving the community’s vision for the future and how we are going to get there. Council has been working in partnership with our local residents, our business community, other levels of government, educational institutions, non-government, religious organisations and neighbouring councils to achieve the community’s vision and in building a sustainable community.

This Phase involved numerous community engagement activities including:  a Lane Cove Listens Video, Issue Papers, Public Exhibitions, E-newsletters and a community survey. In addition Council organised a Community Roadshow, presenting at Council Committee, community groups and local school P&C meetings. A school art and speech writing competitions were conducted and Council also ran an information booth at the annual Village Fair. The business community was able to give feedback at a Business Lunch and workshops were also conducted with Councillors and staff.

 

Results from Stage One were extremely pleasing. Overall, over 2,200 individual responses were received which equated to more than 10% of households in Lane Cove participating in Lane Cove Listens.  This fulfilled Council’s purpose of achieving a significant sample size of the wider community of Lane Cove and represents a genuine collaborative effort between government, business and community.

 

Respondents were asked to provide the three things they value about living in Lane Cove.  The top 5 response categories were: Natural environment (17%), Village atmosphere (15.5%), Location/convenience (13.6%), Community Spirit (11.5%), Shopping and/or dining (6.7%).  Respondents were asked to provide the 3 things they would like to see in the future for Lane Cove. 

The top five response categories were: Parking – General (8.2%), Environmental sustainability & innovation (5.1%), Traffic Control – General (5.1%), Cycle ways & facilities (4.1%), Public Transport - General (4.0%).

 

In order to understand more about their priorities, the respondents were asked to rank the current Planning Themes from 1 to 6, with 1 being most important. The Planning Theme which ranked 1st priority the most was Natural Environment, accounting for 45% of the 1st rank vote.  Overall the order was Our Built Environment, Our Society, Our Culture, Our Economy, and last Our Council,

 

Lane Cove ALIVE

 

The Lane Cove ALIVE Leadership Group operates as an independent organisation to work on the revitalisation of the Lane Cove village precinct. This year the group has implemented two economic sustainability programs. The ‘Visual Merchandising Makeovers’ involved a retail expert who worked with business owners to improve the look and feel of their shop.  The ‘Marketing Mentoring Program’ was conducted by marketing professionals who encouraged retailers to implement new marketing strategies. Participants found the programs beneficial on many levels and the village certainly appeared re-energised as a result.

 

In addition to these programs, Lane Cove ALIVE has also run a regular art and craft market in Lane Cove Plaza. With an emphasis on high quality craftsmanship and design, these markets have attracted a regular following and add a significant level of colour and activity to the Plaza.

 

For more information about Lane Cove ALIVE’s programs and activities please visit: www.lc-alive.org

 

Cameraygal Festival

Council’s largest annual cultural event is the Cameraygal Festival. The 2009 Cameraygal Festival’s theme was “One Village Many Cultures” and featured 65 events running over nine weeks. This urban grassroots festival included music, art and drama events, recreational activities, museum tours, bus outings and numerous workshops. The Festival opens with the Lane Cove Municipal Art Award in August and concludes with the Lane Cove Village Fair in October. It is organised with assistance from volunteer members of the Cameraygal Festival Committee.

 

Placemaking Events

 

Council has a continuous program of place making events in Lane Cove, with the majority being held in Lane Cove Plaza. Council works with the Cultural Diversity Advisory Group and other community groups to help plan and implement many of these events:-

 

·     Lunar New Year celebrating the Year of the Tiger, featuring dance troupes, drumming groups, a celebrity chef and a martial arts demonstration culminating in the popular Lion Dance;

·     Kaleidoscope Council’s annual cultural diversity festival which involves local residents dressing in national costume and performances from Australia and across the globe;

·     Sunset In the Plaza presented in partnership with Lane Cove ALIVE -  a series of events running on Friday afternoons and evenings throughout summer. Highlights included Lighting of the Christmas Tree, several jazz groups and a movie night at the Lane Cove Aquatic and Leisure Centre;

·     Second Annual Autumn Harmony Festival involved many local organisations and included 81 events from March until August. Highlights included a Health and Wellbeing Forum held at the Civic Centre and a Balkan Style dance event at Lane Cove Country Club; and

·     Lane Cove Voices For Reconciliation community group assisted Council in staging the 14th Lane Cove Children’s Voices for Reconciliation event, part of the Guringai Festival. The event presented a number of school performances celebrating Aboriginal culture and heritage. Unfortunately due to rain some participants were not able to attend, but many local schools were represented. The special guest was Agnes Ware from the Torres Strait Islands.

 

Lane Cove and Greenwich Libraries

 

This past year has been a most exciting time for the Lane Cove Library. After 21 months of building works and operating for some of that time from two sites, Phase One of the Lane Cove Library was finished in January 2010 and re-opened to the public on 26 February. Phase Two was the renovation and upgrade of the original Library building, and it now houses the Junior Library, staff room and storage area. This was completed in June.

 

There has been an overwhelmingly positive response to the facility. Some interesting statistics are:-

 

·     Over the first three days of operation (15.5 hours) the Library achieved record levels of visits (2,944) and borrowing of items (5,682);

·     For the April - June 2010 quarter the loans were the highest they have ever been and Lane Cove Library still retains its position as having the highest loans per capita in New South Wales; and

·     The Phase Two opening was celebrated with a Family Fun Day, a staggering 2,668 people visited on the day and 700 balloons were distributed to excited children.

 

FACILITIES

 

Kindy Cove

 

Kindy Cove Child Care Centre is a 58-place long day care centre, catering for the needs of families who live and work in the Lane Cove area. The centre has three groups of children: 16 children aged 0-2 years in the Nursery, 21 children aged between 2-4 years in the toddlers room and 21 children aged between 3-5 years in the preschool room. The centre has 16 permanent staff with a range of qualifications and experience providing a nurturing environment and stimulating program of learning experiences for all the children.  Highlights for the year included a visit from Drummer Man and Kindifarm, regular visits to Lane Cove Library for storytelling and celebrating Grandparent/Special Person Day.

 

Tambourine Bay Boatshed

 

The Tambourine Bay Boatshed was officially opened by the then Mayor (Councillor Ian Longbottom) and dignitaries in August. The previous facility was burnt to the ground by an arsonist in 2006. Rebuilt on the same site, the facility makes a welcomed return to the river foreshore. Macquarie University Rowing.has re-commenced its lease of the facility and it is named after Macquarie Council member, His Honour Dr John Lincoln.

 

47 Burns Bay Road

 

During the year the former Police Station located at 47 Burns Bay Road has undergone refurbishment. Council purchased the property in 2008 and decided the site would be used to house community organisations while their premises are being upgraded. Refurbished in accordance with the Department of Community Services’ regulations, the facility will firstly accommodate Lane Cove Occasional Child Care while it is closed for renovations at the end of 2010, then Meeting House Inc. while the Stokes Street facility is being rebuilt during 2011.

 


Carisbrook Historic House Museum

 

Lane Cove’s treasured museum Carisbrook underwent some refurbishment this year. A Federal Government grant allowed for repointing of the sandstone walls, re-painting of the interiors and ceiling repairs in the hallway. Council supervised the team of specialists on the projects and also commissioned a new custom-made terracotta fountain, basing the design on the former fountain.

 

STRATEGIC PLANNING

 

In February Council was pleased to be informed that the NSW Minister for Planning had signed off the 2009 Comprehensive Local Environmental Plan (LEP) for Lane Cove.  This was gazetted on 19 February 2010 and the Comprehensive Development Control Plan (DCP) came into effect on 22 February 2010.

 

The new LEP and DCP will guide the development of Lane Cove for the next 25 years. Hard decisions have been made with a firm resolve that any change must have merit and maintain high standards. With this LEP/DCP Council has sought to meet the, at times, competing and increasing housing needs of the State Government with the strong and abiding view of this community to maintain and improve its natural and urban environment.

 

The LEP increases employment and housing opportunities in locations that are close to transport and readily accessible. The LEP also rezoned redundant industrial lands around Burns Bay Road for residential development and helping to protect existing family residential precincts.

 

The DCP was totally reviewed to ensure the expectations, controls and standards are understood by both developers and residents. The final LEP and DCP was the result of the most extensive research, consultation and evaluation exercise ever undertaken by this Council and is being used as a guide by other Councils. The LEP and DCP will change over time to reflect the views/concerns and aspirations of the many stakeholders of our community. Council invites residents to take the time to view the plans and participate in the evolution of our guiding plans for the community.

 

ENVIRONMENT

Council has had a very busy year delivering projects funded by the Sustainability Levy. Highlights of this program included:-

 

·     Launch of Sustainable Building Advisory Service which assists residents to access sustainable building/renovation services and products;

·     Delivering a range of regular environmental workshops with topics such as Small Space Eco Gardening, Chemical Free Living, How to Set up Compost and Wormfarms and tours of a waste facility;

·     Installation of 50,000L rainwater tank at Lane Cove Bowling and Recreation Club;

·     Running Clean Up Australia Day and Business Clean Up Day in Moore Street Gully;

·     Council partnered with Australian Conservation Foundation to implement a GreenHome Sustainability Champions program. Several groups of committed residents underwent training and worked on exciting projects addressing issues such as solar power, eco transport and permaculture. They also instigated community swap events and a Plastic Bag Free Lane Cove campaign;

·     The Rainwater Tank Program continued to promote sustainable residential water practices with 35 rebates processed over this period;

·     In October 2009 Council staged its annual environment expo ‘Sustainability Lane’ at the Lane Cove Village Fair. Feedback was most positive as adults enjoyed learning about a sustainable products and services and children loved the wildlife show; and

·     As part of  Council’s Waste program (ie not funded by the Sustainability Levy) a successful E-waste day was run in conjunction with St Ignatius’ College, Riverview. Some 227 cars delivered over eight tonnes of recyclable waste.

 

Council conducts many Education Programs throughout the year. These include:-

 

·     Backyard Habitat Program: This program provides residents with a customised consultation on how they can make their garden more sustainable and attractive to local animal and plant species. Program members receive many benefits including a consultation session, native plants, information pack, invitations to talks, workshops and other activities. The success of the Backyard Habitat Program was recognised by Keep Australia Beautiful with a biodiversity prize at the 2009 State Awards.

 

·     Walks and Talks: This program includes guided walks, Aboriginal heritage events, plant identification, Bushcare workshops, native plant propagation, wildlife talks, boat cruises and spotlight walks.

 

·     National Tree Day: Council supported Australia’s largest tree-planting event as part of its commitment to maintaining and supporting local biodiversity. In addition Council provided over 2200 native plants to local primary schools as part of Schools Tree Day. These plants are grown from local seed by volunteers at the Lane Cove Community Nursery.

 

Numerous improvements were made facilities throughout Lane Cove, these included:-

 

·     Stringybark Playground: Replaced existing playground and picnic seating;

·     Blackman Park Picnic Area: New furniture and bubblers installed and path linkages made to improve access;

·     Manns Point Rock Stabilisation: Rock stabilization work was done to make the site safe for pedestrians;

·     Brooks St Stormwater upgrade: Stormwater drainage and runoff was addressed with weed removal and a new concrete stairway and path. The area was completed with re-vegetation and landscaping of the reserve;

·     Mowbray Road Shops: Planning, consultation and installation of new paving, street furniture and plants;

·     17th Green at Lane Cove Golf Course: rebuilding tees and greens to improve play;

·     Tambourine Bay Creek: creek stabilisation works, stream flow improvements, new pathways and upgrade of pedestrian bridge;

·     York’s Corner Precinct and Playground: Planning, consultation and installation of new paving, street furniture and trees in the shopping precinct, new play equipment and repainted steamroller in the adjacent playground;

·     Northwood Ferry Wharf: Restoration and upgrade of an early 1900’s heritage wharf building that is the last of its type on Sydney Harbour. A Federal Government grant allowed Council to repair the damaged structure, add a new roof with solar lighting, improve stormwater drainage and complete landscaping of the area; and

·     Blackman Park Rainwater Tank: The installation of this tank from the business area allows for irrigation of the playing fields.

 

BUSHCARE

 

Bushcare has had another successful year in 2009-10, with a terrific level of community support. Highlights include:-

 

·     A total of 239 registered members across 18  Bushcare groups and the Community Nursery and many active volunteers working on their own bushland sites;

·     Total of 3,829 voluntary hours in bush re-generation was achieved;

·     Community Nursery continued to propagate tubestock with over 18,500 local native plants grown for Council and Community projects, such as Citizenship Ceremonies, Bushcare groups, Park plantings and community events;

·     The Community Nursery provided 2536 native plants for the primary schools Schools Tree Day;

·     Bushcare groups and newcomers have been busy with the Plant Your Family Tree program between August and October, with over 93 attendees enjoying a variety of events such as wildflower and fauna bushwalks, planting days, noxious weed blitzes and outdoor meditation classes. The community contributed 270 hours towards activities which helped to replace habitat for small birds and protect local bushland; and

·     Bushcare events and workshops proved popular again with a good attendance level on the Discovery Boat trip, Aboriginal Heritage Walk, Spotlight Walks and Native Tree Identification and Saltmarsh talk.

 

Conclusion

 

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

 

RECOMMENDATION

That:-

1.             Council adopt the Draft Annual Report for 2009/2010;

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

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

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

ATTACHMENTS:

AT‑1 View

Annual Report for 2009/2010*

 

225 Pages

 

* Please note this file may take some time to download as it is quite large

 

 


Ordinary Council Meeting 15 November 2010

 

Corporate Services Division Report No. 65

 

 

 

 

Reference:    Corporate Services Division Report No. 65

Subject:          Delegation of Authority During the Christmas Recess    

Record No:    SU1282 - 46829/10

Author(s):       Ian Naylor 

 

 

Executive Summary

 

In past years it has been Council’s practice to delegate authority to a Committee comprising of the Mayor and the General Manager to deal with urgent matters arising during the Christmas recess.  In such cases, Council’s policies are applied and if no such policies exist, due caution is exercised.

 

 

RECOMMENDATION

That:-

1.      Subject to the provisions of Section 377 of the Local Government Act, 1993, and point 2 below, Council appoint a Committee comprising of the Mayor and the General Manager, or in their absence a delegate of the Mayor and/or the person acting as General Manager, to deal with and determine, urgent matters arising during the Council recess until 7 February 2011, in such cases applying Council’s policies, or where no such policies exist, exercising due caution.

2.      No Section 96 or Section 82A reviews of development applications in relation to any matter that has been determined by Council or the Planning and Building Committee.

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 15 November 2010

 

Corporate Services Division Report No. 68

 

 

 

 

 

Reference:    Corporate Services Division Report No. 68

Subject:          1st Quarter Review of the 2010 - 2011 Budget    

Record No:    su757 - 47971/10

Author(s):       Craig Wrightson 

 

 

Executive Summary

The First Quarter 2010/2011 Budget Review involves a variety of variations in both income and expenditure. It is recommended that the Budget be varied in terms of the report.

 

Background

Council is required to prepare a Budget Review Statement each quarter, in accordance with Clause 7 of the Local Government (Financial Management) Regulation 1999. This report is prepared in accordance with the clause for the period ended 30 September 2010.  The purpose of these reviews is to ensure that the impact of financial variation is reflected in the forecast of Council’s global budgetary position to 30 June 2011, and the adopted Budget adjusted accordingly.

 

Discussion

The following is a summary of Council’s adopted Budget for 2010 - 2011 and proposed following the adjustments included in this report:-

 

 

Original Budget

Adjustment

Revised Budget

Expense from Continuing Operations

$32,208,009

$200,846

$32,408.855

Revenue from Continuing Operations

$31,266,088

$97,000

$31,363,088

Surplus/ (Deficit)

($941,921)

($103,846)

            ($1,045,767)

Capital Grants & Contributions

$2,068,712

$45,000

$2,113,712

Surplus/- Deficit

$1,126,791

$58,846

$1,067,945

 

Expenditure

The review includes provision for unspent grants and Sustainability Levy Projects carried forward from last years budget of $486,422. Funding of $190,000 is required for the acquisition of Pt 34 Ronald Avenue and Storage units, $250,000 for the establishment of the Market Square Property Maintenance Reserve, $20,000 for the area wide Signage Strategy, $50,000 for the Lane Cove Occasional Care Centre refurbishment and $20,000 for the advertising signs within the Market Square Car Park, as per Council resolutions. An additional $100,000 is required for the legal costs associated with the Aquatic Centre ceiling maintenance and $10,000 for the depot fuel tank dispute.  $15,000 is required to complete resurfacing at Blackman Park. Council has been successful in obtaining funding from the RTA to rectify the landscaping works on Epping Road. A total of $97,000 was received, against an expected $25,000, an additional $40,000 is required to complete the footpath works, the remaining work is already budgeted. An increase of $2,000 is required to cover increased charges from the Valuer General for land valuations and an extra $8,000 is required for the maintenance and cleaning of the Rosenthal Avenue toilets.

$120,000 was included in the original budget for the refurbishment of the top of the community centre into an art gallery space. A brief has been prepared and advertised. As part of the process discussions have been held with a number of architects relating to the cost of the changes. It has become clear that to produce a result that will be appealing to the community and provides for a flexible and workable space additional fund of $80,000 will be required.


Income

As mentioned above, Council has been successful in obtaining $97,000 of funding from the RTA to rectify the landscaping works on Epping Road. Zoning Certificate and Library Fee income have both been increased by $10,000 due to the increase utilisation of the new meeting room facilities, and Certificate purchases, respectively. Council has also received an additional grant of $5000 for Environmental works.

 

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

 

Prog No.

Program

Variation
Operating

 Variation
Capital

01.10

Administration - Corporate Services

$2,000

$60,000

02.10

Planning Services / Land Purchase

($10,000)

$90,000

05.10

Public Libraries

($10,000)

$67,000

05.30

Community Centres

$0

$80,000

05.60

Swimming Pools

$100,000

$0

08.10

Eng & Supports

$30,000

$0

08.30

Ancillary Roads

$0

$97,000

08.40

Footpaths

$0

$40,000

08.50

Parking Meters

$0

$40,000

09.20

Household Garbage

$8,000

$112,646

11.10

P & L Appropriation

$0

$250,000

13.10

Sustainability Levy Projects

$0

$31,330

4.3.5

Aged & Disability

$27,366

$52,600

4.3.6

Preschools & Kindergarten

$0

$50,000

5.7.2

Parks & Verges

($72,000)

$40,000

5.7.3

Bushland

$28,480

 

5.7.6

Sporting Grounds

$0

$15,000

 

 

 

 

 

Net Budget Variation - Deficit

$103,846

$1,125,576

 

Statutory Report

 

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

 

RECOMMENDATION

That the 2010 - 2011 Budget be varied in terms of this report.

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

ATTACHMENTS:

AT‑1 View

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

3 Pages

 

 


Ordinary Council Meeting 15 November 2010

 

Environmental Services Division Report No. 441

 

 

 

 

 

Reference:    Environmental Services Division Report No. 441

Subject:          19 Glenview Street, Greenwich    

Record No:    DA08/278-01 - 46084/10

Author(s):       Rajiv Shankar 

 

 

Property:                     19 Glenview Street, Greenwich

 

DA No:                         D278/08

 

Date Lodged:              Section 82A Review - 10 August 2010

 

Cost of Work:              $1,000,000.00 (original cost)

 

Owner:                                    H & W Pty Ltd

 

Applicant:                    Valero Holdings Pty Ltd

 

 

DESCRIPTION OF ORIGINAL PROPOSAL

Alterations and additions to an existing residential flat building to convert 3 dwellings into 2 and the construction of a detached third dwelling house over a basement car park and alterations to the existing pool. (Total of 3 dwellings)

DESCRIPTION OF THE AMENDED PROPOSAL FOR CONSIDERATION IN THIS REVIEW

Review of determination to refuse and to carry out alterations and additions to an existing residential flat building to retain the existing (3) dwellings and the construction of a detached fourth dwelling over a basement car park and alterations to the existing pool. (Total of 4 dwellings)

ZONE

Residential 2(a1) as per Lane Cove Local Environmental Plan 1987.

R2 Low Density Residential as per  Lane Cove Local Environmental plan 2009

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Residential flat buildings are not permitted within this zone. The applicant claims “existing use rights” on the basis the building is an existing residential flat building.

IS THE PROPERTY A HERITAGE ITEM?

Lane Cove Local Environmental plan 1987 – B95

Lane Cove Local Environmental plan 2009 – I52

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

DOES DCP 1- BUSHLAND APPLY TO THE PROPERTY?

No

BCA CLASSIFICATION

Class 3,  7a - carpark & 10b – Pool (existing)

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                     56-58, 60-64, 66 Greenwich Rd, 4, 6, 8, 12, 13, 15, 17, 21, 23, 23A, 25 Glenview St,

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

Progress Association:    Greenwich Community Association

Other Interest Groups:    Lane Cove Historical Society.

 


REASON FOR REFERRAL

 

This application for review of determination is referred to Council because the original application was determined by Council.

 

EXECUTIVE SUMMARY

 

·     Council received Development Application D278/08 for alterations and additions to an existing residential building to convert 3 dwellings into 2 and the construction of a detached third dwelling house over a basement car park and alterations to the existing pool. (Total of 3 dwellings).  Copy of this Report attached (AT-1).

·     The applicant claims that the subject property has existing use rights to use the property for 3 residential dwellings.

·     Notwithstanding the Officer’s recommendation for approval, the application was refused by Council at its meeting of 7 September 2009 when it was resolved that the application be refused for the following reasons:-

 

1.         The Existing Use Rights do not apply because:-

 

(a)        Lane Cove’s LEP defines a residential flat building as a building containing 3 dwellings and the proposal involves the conversion of the existing residential flat building to a building containing 2 dwellings.  This is therefore not a residential flat building.  Therefore existing use rights would be extinguished; and

 

(b)        the proposal involves the construction of a second building containing one dwelling.  The resulting development is a prohibited development in the residential zone according to Lane Cove’s LEP and therefore Council cannot lawfully give consent to the development.

 

2.         If Existing Use Rights do apply:-

 

(a)        the development is not a suitable one for the locality because is not in harmony with the surrounding single dwelling houses;

 

(b)        the development is not a suitable one for the site because the site is listed as a heritage item in Lane Cove’s LEP because of the age and grandeur of the building, its setback and streetscape and the proposal has a negative impact on that heritage status;

 

(c)        there were numerous submissions received which noted the unsuitability of the development in terms of its impacts; and

 

(d)        that the site is significantly smaller than would otherwise be approved under Lane Cove’s LEP and the resulting setback does not meet a merit assessment under SEPP 65 and therefore the development does not meet the requirements of a merit assessment under s79(c) of the EPA Act and should not be approved.

 

·     The applicant has amended the proposal and has requested Council to review its decision under Section 82A of the Environmental planning and Assessment Act 1979.

·     The amended proposal is now described as “Alterations and additions to an existing residential flat building to retain the existing (3) dwellings and the construction of a detached fourth dwelling over a basement car park and alterations to the existing pool. (Total of 4 dwellings)”.

 

·     The amendments include revision of the internal layout of the existing building to provide for three (3) dwellings as against the originally proposed two (2) dwellings. The proposed development would have a total of four (4) dwellings as against the originally proposed total of three (3) dwellings.

·     The amendments also include provision of an additional bedroom with a paved terrace area to the proposed new detached dwelling.

·     On 10 September 2010, the applicant lodged an Appeal to the Land and Environment Court against Council’s refusal to grant development consent to the proposal. The Court proceedings are in train and may have regard to this review as part of its deliberation.

·     The report has been prepared on the basis of comments on the amendments provided by the applicant, as well as referring the matter to Council for a review of the determination.

 

SITE

 

The site is located on the western side of Glenview Street. The site is rectangular in shape with front and rear boundaries of 18.29m, side boundaries of 45.72m and an area of 836.22 m2. The site falls towards the street.  The site features a federation style two storey brick and tile residential building which has been converted into 3 dwellings and is listed as a heritage item (B95) in Lane Cove Local Environmental Plan 1987. The building is located towards the rear of the site.  There is an existing in-ground pool at the rear. Towards the front along the northern boundary is a flat metal roofed open carport.

 

There are two trees towards the front of the existing building.  The smaller tree towards the southern side is proposed to be removed and the larger tree towards the northern side is proposed to be retained.  Neighbouring to the south is a similar federation style two storey building also listed as a heritage item (B95). This dwelling house is also located towards the rear of the site. There is a three car garage towards the front along the southern boundary.  Neighbouring to the north is a single storey brick and tile dwelling house.   The Site Plan and Notification Plan are attached as (AT-2 and AT-3).

 

PROPOSAL

 

This application is a request for Council to review the determination of the Development Application D278/08 under Section 82A of the Environmental Planning and Assessment Act 1979. 

The original proposal, which was supported by Council’s reporting officer was:-

 

“Alterations and additions to an existing residential flat building to convert 3 dwellings into 2 and the construction of a detached third dwelling house over a basement car park and alterations to the existing pool. (Total of 3 dwellings)”

 

The amended proposal is:-

 

“Alterations and additions to an existing residential flat building to retain the existing (3) dwellings and the construction of a detached fourth dwelling over a basement car park and alterations to the existing pool. (Total of 4 dwellings)”

 

The amendments made to the original proposal are:-

 

·     Revision of the internal layout of the existing building to provide for three (3) dwellings as against the originally proposed two (2) dwellings. The proposed development would have a total of four (4) dwellings as against the originally proposed total of three (3) dwellings;

·     Provision of an additional bedroom to the proposed new detached dwelling. The gross floor area of the overall development would increase by 21.65 m2 to 447.65 m(floor space ratio of 0.535:1);

 

·     Provision of a paved terrace area and access stair from the basement car park between the existing building and proposed new detached dwelling;

·     Deletion of the proposed bin storage area on the street alignment;

·     Retention of the existing retaining wall adjoining the Himalayan cedar; and

·     Provision of additional storage area and relocation of water tank storage.

 

PREVIOUS APPROVALS/HISTORY

 

DA278/08 -      Alterations and additions to an existing residential flat building to convert 3 dwellings into 2 and the construction of a detached third dwelling house over a basement car park and alterations to the existing pool.

 

Notwithstanding Council’s officer’s recommendation for approval, the Development Application was determined by Council at its meeting of 7 September 2009 when it was resolved that the application be refused for the following reasons:-

 

1.         The Existing Use Rights do not apply because:-

 

(a)       Lane Cove’s LEP defines a residential flat building as a building containing 3 dwellings and the proposal involves the conversion of the existing residential flat building to a building containing 2 dwellings.  This is therefore not a residential flat building.  Therefore existing use rights would be extinguished; and

 

(b)       the proposal involves the construction of a second building containing one dwelling.  The resulting development is a prohibited development in the residential zone according to Lane Cove’s LEP and therefore Council cannot lawfully give consent to the development.

 

2.         If Existing Use Rights do apply:-

 

(a)       the development is not a suitable one for the locality because is not in harmony with the surrounding single dwelling houses;

 

(b)       the development is not a suitable one for the site because the site is listed as a heritage item in Lane Cove’s LEP because of the age and grandeur of the building, its setback and streetscape and the proposal has a negative impact on that heritage status;

 

(c)       there were numerous submissions received which noted the unsuitability of the development in terms of its impacts; and

 

(d)       that the site is significantly smaller than would otherwise be approved under Lane Cove’s LEP and the resulting setback does not meet a merit assessment under SEPP 65 and therefore the development does not meet the requirements of a merit assessment under s79(c) of the EPA Act and should not be approved.

 

An appeal (No 10707 of 2010) against the refusal to grant development consent  to DA278/08, was lodged on 10 September 2010 with the Land and Environmental Court. The Court proceedings are continuing.

 

DA294/09 - Alterations and additions to existing residential building to convert three (3) dwellings into one (1) dwelling, construction of a detached second dwelling over a basement car-park, alterations to existing pool and Torrens title subdivision including stratum subdivision of basement.(Detached dual occupancy development with stratum and Torrens subdivision).

 

The Development Application was refused on 17 March 2010.

 

An appeal (No 10126 of 2010) was lodged with the land and Environmental Court. The Court proceedings were later discontinued by the applicant.

 

DA431/99 – Demolition of existing dwellings and construction of 8 units – Refused.

DA298/99 – Demolition of existing dwellings and construction of 10 units – Refused.

 

PROPOSAL DATA/POLICY COMPLIANCE

 

DWELLING HOUSE CODE - PROPOSAL DATA/POLICY COMPLIANCE

 

The development application has been submitted on the basis of existing use rights and accordingly the requirements of the LEP and DCP do not apply other than as a guide.  For a comparison basis the following data is provided:

 

Site Area (836.22m2)

 

PROPOSED

 DWELLING HOUSE CODE

COMPLIES

Floor Space Ratio       (max) Including the area of the existing building and the proposed new building. Area of the basement and the attic in dwelling 4 has not been included.

0.535 (447.65m2.)

0.5 (418m2)

NO (+29.65m2)

Soft Landscaped Area            (min)

Landscape area above the basement has not been included.

22.71%

35%

NO

(-102.65m2)

Deck/Balcony width    (max)

3.5m(proposed new terrace above the dwelling 4 bedroom)

3m (if elevated by >1m)

NO

 

All other provisions of Council’s Dwelling House Code remain unchanged from the original assessment.

 

RESIDENTIAL ZONES DCP PART V- FLATS - PROPOSAL DATA/POLICY COMPLIANCE

 

 

PROPOSED

 RESIDENTIAL ZONES DCP PART V- FLATS

COMPLIES

MAXIMUM DENSITY

1 dwellings per 209.05m2

 

1 dwelling per 175m2

 

Yes

CAR PARKING

6 spaces

Dwelling -1 : 1 Bed sit – 1 space

Dwelling -2 :  1 Bed sit– 1 space

Dwelling -3 * : 3 Bed – 2 space

Dwelling -4 : 2 Bed – 1.5 spaces

Visitor space – 1 space

Total = 7 (6.5) spaces

NO

* Note: Dwelling 3 is considered to be a three (3) bedroom dwelling. The existing room on the Ground Floor Plan has been indicated as a study. However this room is capable of being used as a bedroom.

 

All other provisions of Council’s Residential Zones DCP Part V remain unchanged for the original assessment.

 

REFERRALS

 

Manager Assets

 

Council’s Engineer has reviewed the plans and has advised:

“The amended plans have relocated the proposed rainwater reuse system. A new stormwater concept plan has not been prepared demonstrating this amendment. The capacity of the storage requirement has not been specified. A new plan in accordance with Council’s DCP-Stormwater Management is required to adequately assess this application.

 

The proposed basement FFL 41,860 has been amended in this proposal. A long section of the proposed driveway profile is required to demonstrate compliance with AS2890.1 to adequately assess this application.”

 

In the event that the application is supported, draft conditions have been provided by the Engineer.

 

Manager Parks

 

Council’s Tree Assessment Officer has reviewed the plans and has advised:-

 

“The Himalayan Cedar tree shall have a 1.8m high Tree Protection Zone (TPZ) constructed from chain mesh. The TPZ recommended in the applicant’s arborist report shall be in place prior to Issue of the Construction Certificate including site preparation and demolition. There shall be no soil manipulation including landscaping works permitted within the tree protection zone.” 

In the event that the application is supported, draft conditions have been provided by the Tree Assessment Officer.

 

Rural Fire Service

 

The proposal was referred to the Rural Fire Service who has not raised any objections.  In the event that the application is supported, draft conditions have been provided by the Rural Fire Service.

 

Building Surveyor

 

Council’s Building Surveyor has reviewed the proposal and has not raised any BCA concerns.  In the event that the application is supported, draft conditions have been provided by the Building Surveyor.

 

Legal Advice

 

Legal advice was sought from Council’s solicitors at various stages. The advice provided is summarised below:-

 

·     A review of determination application has to be determined by Council with 12 months of the determination of the original application. The original application was determined on 15 September 2009. This review of the application was lodged on 10 August 2010 (One month and 5 days to the expiry of 12 months). As the original application was determined by the Council, the review application would also have to be determined by Council.

 

The Section 82A Review was not determined within the 12 month period.  However, Council may consider this application of review of determination beyond the period of 12 months, given that an appeal has been lodged with the Land and Environment Court within the 12 month period to the original refusal.

 

·     This review of determination application, which includes amendments can be considered by Council under Section 82A of the Environmental planning and Assessment Act 1979.  This has been confirmed by Council’s solicitors.

 

Heritage Adviser 

 

The application was referred to Council’s Heritage Consultant. The report is attached (AT-4). The Heritage Consultant has reviewed the plans and has expressed the following concerns:-

 

·     The proposed excavation for bed 2 of dwelling 4, close to and beneath the heritage item would be an extreme threat to the heritage item and is not acceptable.

·     The proposed dormer and recessed balcony, changes to front doors, side lights were not acceptable from a heritage design viewpoint.

·     Large dormers to dwelling 4 are also not acceptable from a heritage design viewpoint.

 

In view of the above it is considered that the proposed amended development would have an adverse impact upon the heritage significance of the heritage item.

 

EXISTING USE RIGHTS

 

The statement of environmental effects (SEE) submitted along with this application is attached as (AT-5).

 

In the SEE, the applicant has summarised his claim for existing use rights. As per Council’s previous legal advise it is open for Council to make its assessment of the application on the basis that the premises enjoys existing use rights.

 

It is noted that the Council resolution of 7 September 2009, did not support the existing use rights claim.

 

STATE ENVIRONMENTAL PLANNING POLICY 65 – Design Quality for Residential Flat Development.

 

Whilst the provisions of SEPP 65 may not strictly apply to this amended proposal, the applicant, in the SEE has indicated that the design quality principles in SEPP 65 are a relevant guide.

 

Amenity

 

Good design provides amenity through the physical, spatial and environmental quality of a development. Optimising amenity requires appropriate room dimensions and shapes, access to sunlight, natural ventilation, visual and acoustic privacy, storage, indoor and outdoor space, efficient layouts and service areas, outlook and ease of access for all age groups and degrees of mobility. (SEPP65)

 

The proposed dwelling 2 has limited amenity with regard to light and ventilation. The proposed dwelling is linier in shape with light and ventilation only available from the shorter sides. The only light and ventilation available to the kitchen would be from the kitchen door and a small ventilator above the door. There is no window to serve the kitchen.

 

There is no external window to the dwelling 2 bedroom/sitting. This room would depend upon borrowed light and ventilation from the small living room. There would be no direct sunlight to any part of dwelling 2. The living room of dwelling 2 is just over 2.0m wide. In addition, substantial area of the living room is given for circulation. The private open space for dwelling 2 is also just over 2.0m wide. In addition nearly half is circulation.

 

The separation between the existing building and the proposed dwelling 4 is approximately 4.5m which is not considered adequate.  Residential Flat Design Code provides for a minimum of 12m separation between two buildings up to a height of 12m to provide visual and acoustic privacy.  The existing first floor front balcony of dwelling 3 would overlook private open space of (lawn) of dwelling 4.  The proposed development is not accessible to people with disability.

 

In view of the above it is considered that the amenity of the proposed development with regards to light, ventilation and privacy is not adequate.

 

APPLICABLE PLANNING CONTROLS

 

The planning controls contained in Council’s statutory planning documents can only be used as a guide in cases where existing use rights exist.

 

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

 

79 (C) (1) (a) the Provisions of Any Environmental Planning Instrument

 

Lane Cove Local Environmental Plan 1987

 

The subject site is zoned Low Density Residential 2 (a1) under the provisions of Lane Cove Local Environmental Plan 1987.  Residential flat buildings are not permitted within this zone. The applicant claims to have existing use rights to use the building as a residential flat building comprising of three dwellings. The amended proposal has been submitted in this basis.

 

(Draft) Lane Cove Local Environmental Plan 2009

 

The proposal remains prohibited under R2 Low Density Residential zone. However, as stated above the proposal may be considered under the provisions of existing use rights of the Environmental Planning and Assessment Act 1979.

 

Lane Cove Code for Dwelling Houses – September 2000

 

Dwelling houses are the predominant permissible use permitted in the zone.  Accordingly, the amended proposal has been assessed against the requirements for dwelling houses to assist in the assessment of the proposal.  The compliance table indicates that the amended proposal would not comply with the following provisions of the code:-

 

·     Maximum floor space ratio.  (0.53:1 in lieu of 0.5:1 (+29.65 m2 ).

·     Minimum soft landscaped area  (22.71% in lieu of 35% (-102.65 m2 ).

·     Side setback for basement car garage (nil in lieu of 1.5m).

·     Maximum Deck/Balcony width (3.5m in lieu of 3m).

·     Maximum cut and fill (3m in lieu of 1m).

 

The amended development takes the form of a residential flat building and the following controls would be relevant for consideration:-

 

Residential Zones DCP Part V – Flats

 

·     Objectives relating to the 2(c) zone deal only with sites zoned for residential flat buildings and looks at infill development compatible with nearby medium density development. On Glenview Street, the development pattern is mainly dwelling houses.

·     Minimum lot size (836.22 min lieu of 1000 m2 ).

·     Minimum car parking requirement (deficient by 1 space).

 

Section 79C (1) (d) - Any Submissions Made in Accordance with this Act or Regulations

 

The amended proposal and request for review of determination was advertised in accordance with Council’s policy and 10 submissions were received. The issues raised in the submissions are as follows:-

 

The proposed development, as amended is not substantially the same as the original application previously determined by Council.

 

Comment

 

Council’s legal advice is that this review of determination application, which includes amendments, can be considered by Council under Section 82A of the Environmental Planning and Assessment Act 1979.  The report prepared for this assessment deals with both the proposed amendment and the request for review.

 

Issues in Relation to Existing Use Rights

 

Comment

 

Issues in relation to existing use rights have already been considered in the original application.  Notwithstanding Council’s resolution of 7 September 2009, that Council was of the view that existing use rights do not apply, the applicant in this request for review has reaffirmed their claim for existing use rights.  A review of the information submitted by the applicant is necessary in determining this application.

Impact upon heritage significance of the heritage item

 

Comment

 

As indicated in the heritage consultant’s report, it is acknowledged that the proposed development would have an adverse impact upon the heritage significance of the heritage item.  The Heritage adviser has raised the following issues:-

 

·     The proposed excavation for bed 2 of dwelling 4, close to and beneath the heritage item would be an extreme threat to the heritage item and is not acceptable;

·     The proposed dormer and recessed balcony, changes to front doors, side lights were not acceptable from a heritage design viewpoint; and

·     Large dormers to dwelling 4 are also not acceptable from a heritage design viewpoint.

 

The proposed deck would impact upon the privacy of the adjoining property towards the north.

 

Comment

 

It is acknowledged that the proposed 3.5m wide deck above bed 2 of dwelling 4 would impact upon the privacy of the adjoining dwelling house towards the north.  The main deck over dwelling 4 is located approximately 2.9m from the boundary however it includes a stairs and a landing which extends across to the boundary and it elevated well above fence height. This is not considered reasonable or satisfactory.  Screening may assist, but would result in a high structure located on the boundary between the 2 properties.

 


The new residents of the property towards the south could not lodge a submission because of a clause in the property sale contract.

 

Comment

 

This issue was discussed with Council’s solicitors who advised that this remains a private matter between the new purchaser and the vendor of 21 Glenview Street.

 

All other issues raised have already been considered in the original application report.

 

Section 79C (1) (e) - The Public Interest

 

The proposed amended development does not meet the provisions of Council’s Code for Dwelling Houses, Residential Zones DCP Part V – Flats which have been used as guide. The amended proposal is also considered not to provide adequate amenity to the dwellings. The proposed development would also have an adverse impact upon the heritage significance of the heritage item as outlined by the heritage consultant.

 

In view of the above it is considered that the proposed amended development is not supported.

 

CONCLUSION

 

The application has been assessed having regard to the relevant Planning Instruments, Council controls as a guide, public good and suitability of the site. The amended proposal is not supported. 

 

In determining this proposal Council has 3 options, it may:-

1.   Reaffirm its original decision and refuse the amended development;

2.   Approve the amended proposal without conditions; or

3.   Approve the amended proposal subject to conditions.

 

RECOMMENDATION

 

That the request for a Section 82A review be determined having regard to the proposed amendments outlined in the application and supporting information provided by the applicant.

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Enviornmental Services Division Report No. 60 of 7 September 2009

27 Pages

 

AT‑2 View

Site Location Plans

2 Pages

 

AT‑3 View

Neighbour Notification Plan

1 Page

 

AT‑4 View

Heritage Consultant's Report

10 Pages

 

AT‑5 View

Statement of Environmental Effects

36 Pages

 

 

 


Ordinary Council Meeting 15 November 2010

 

Environmental Services Division Report No. 47

 

 

 

 

 

Reference:    Environmental Services Division Report No. 47

Subject:          Sustainability Small Grants Program - Greenwich Community Association    

Record No:    su4001 - 47976/10

Author(s):       Steve  Fedorow 

 

 

Executive Summary

 

This report provides further information regarding Greenwich Community Associations Sustainability Small Grants application and recommends that Council provide $1820 towards the Solar Information Expo.

 

Background

 

At its meeting of 1 November 2010 Council considered a report regarding Council’s Sustainability Small Grants Program and resolved to “Defer the allocation of grant funds to the Greenwich Community Association until the Ordinary Council Meeting of 15th November 2010, and further information be provided on the scope of the project”.

 

Discussion

 

Further to Council’s resolution, Greenwich Community Association were asked to provide additional information regarding the scope of their project and how it would be communicated / made available to all Lane Cove residents. 

 

The covering letter to their original application states that participation will be open to all property owners and residents in Lane Cove.  Greenwich Community Association have provided further information for Council’s consideration detailing how this will be achieved (AT-1).

 

Conclusion

 

Greenwich Community Association have provided the information requested by Council with respect to their Sustainability Small Grants Scheme Application.  The proposed Solar Information Expo will be open to all Lane Cove residents and communicated / publicised through a variety of channels.

 

 

RECOMMENDATION

 

That Council grant funds to Greenwich Community Association of $1820 and notify accordingly.

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Letter from Greenwich Community Association Inc

1 Page

 

AT‑2 View

Lane Cove Council Sustainability Small Grants Application

1 Page

 

 

  


Ordinary Council Meeting 15 November 2010

 

Human Services Division Report No. 33

 

 

 

 

 

Reference:    Human Services Division Report No. 33

Subject:          Cultural Advisory Committee    

Record No:    SU124 - 47610/10

Author(s):       Eric  Poulos 

 

 

Executive Summary

Council recently advertised to recruit new members to the Lane Cove Cultural Advisory Committee in order to broaden the committee membership.  Nominations closed on 29th October 2010 with four (4) nominations being received. 

All nominees are suitably qualified and it is recommended that they be appointed to the Committee. The current Constitution allows for the appointment of up to eight (8) community representatives. This Report recommends that the current Constitution be amended to allow for up to twelve (12) representatives.

It also recommends changing the term ‘Constitution’ to ‘Charter’. This would bring the wording in line with other Council Advisory Committees.

 

Background

The Lane Cove Cultural Advisory Committee is made up of representatives of local arts and cultural groups and people with skills and knowledge in arts and culture from the Lane Cove Community. It has existed since May 2004 and is an advisory committee to the General Manager.

Following the suggestion of the Lane Cove Cultural Advisory Committee to broaden the committee membership, Council advertised to recruit new members. Information was sent to the Committee, to local community groups, advertised in the Village Observer and placed on Council’s Website. Nominations closed on 29th October 2010.

 

Discussion

The following four (4) applications were received, these have been circulated to Councillors separately:-

1.    Trent Gardiner (Lane Cove Theatre Company)

2.    Lyndall McNally (Lane Cove Youth Orchestra)

3.    Graham Ball (Past member of Lane Cove Concert Band and playing member of Lower North Shore Orchestras)

4.    Kathy Elton (Lane Cove Choristers and Lane Cove Music)

All applicants are considered to be able to add value to the committee and it is recommended that all nominations be accepted. 

The current Lane Cove Cultural Advisory Committee Constitution allows for the appointment of up to eight (8) representatives of both arts and cultural groups and people with skills and knowledge in arts and culture from the Lane Cove Community drawn from expressions of interest to Council”. As adding the additional four (4) will exceed this number, it is recommended that the constitution also be amended to allow for up to twelve (12) representatives to be appointed.

 


Conclusion

Council’s advertising process to recruit new members was very successful, drawing four (4) worthy nominations. It is recommended that all four (4) nominations be accepted and that the constitution be amended to allow for up to twelve (12) representatives to be appointed to the committee.

It is also recommended that the term Constitution be amended to Charter thus aligning the wording with other Council Advisory Committees.

 

 

RECOMMENDATION

That:-

1.    This Report be received and noted;

2.    The Constitution of the Cultural Advisory Committee be amended to Charter of the Cultural Advisory Committee;

3.    The Charter of the Cultural Advisory Committee be amended to allow for up to twelve (12) representatives to be appointed to the Committee; and

4.    Four (4) new members be endorsed by Council as community representatives of the Lane Cove Cultural Advisory Committee these being Trent Gardiner, Lyndall McNally, Graham Ball and Kathy Elton.

 

 

 

 

 

Jane  Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 15 November 2010

 

Human Services Division Report No. 34

 

 

 

 

 

Reference:    Human Services Division Report No. 34

Subject:          Halloween Event Planning Committee    

Record No:    SU128 - 47772/10

Author(s):       Eric  Poulos 

 

 

Executive Summary

At the Ordinary Council meeting of 5th October 2010, Councillor Scott Bennison moved a Notice of Motion to set up a Halloween Event Planning Committee and requests a report come back to Council.  This report proposes the Charter of such a committee and recommends that the Committee begin meeting soon after it is formed to discuss organising a youth friendly event on the day of Halloween, 31st October 2011.  In order to meet the reporting timeframe stipulated in the resolution, the Committee will need to meet several times before Christmas and also soon again in the New Year. 

 

Background

Halloween, which is traditionally celebrated annually on 31st October, is fast becoming a very popular occasion in Australia, catching on from American influences.  In the spirit of the event, some areas have promoted street events, trick or treating through local areas, parades and fetes at schools.  It has also become an opportunity for businesses to promote paraphernalia such as decorations, party supplies, costumes, catering and foods.  Mixed with this creative fun, there has been some anti-social behaviour which occurs around such events.  Councillor Scott Bennison alluded to such concerns at Kingsford Smith Oval with drinking and anti-social behaviour and the recommendations from the Notice of Motion included that:-

“1.   For the 2010 Halloween weekend a security guard be employed for the hours after Council Officers finish work until approximately 2.00am;

2.    A Halloween Event Planning Committee be established with the view of holding a community event celebrating Halloween which the entire community could be involved in, this may include, BBQ, jumping castles for kids, entertainment, fireworks and other activities that the committee may come up with;

3.    Part of the Committee’s scope address funding of the event, that may include sponsorship from local business; and

4.    A report come back to Council outlining the costs of holding such an event and details of possible sponsors by no later than 31st March 2011.”

It is proposed that the Committee be set up with the attached charter (AT-1) and begin  investigating these issues and meeting several times before Christmas and again soon in the new year with a view to reporting back to Council at an Ordinary Meeting in March 2011.

 

Discussion

It is considered that the committee proposed could only meet the reporting timeframe by directly approaching members to join the committee, so that the committee can start meeting very soon after its establishment.  Recruitment would not be possible by expressions of interest in the community because this would take some time to undertake and ratify by Council.  Even with direct appointment, the committee would need to start meeting soon after Council’s ratification with a brief to investigate the opportunity provided by Halloween to building a community event at Kingsford Smith Oval on Monday 31st October 2011 (Halloween).

 

In order for the committee to be a Committee of Council, a draft Charter is attached for approval.  It should provide for community representation including a young person, a community member of the North Shore Local Area Command Community Safety Precinct Committee operating from Chatswood Police Station, up to two staff as appointed by the General Manager, the three Central Ward Councillors and a representative of the Chatswood Police Station.  A copy of the charter is attached for Council’s adoption.

 

Conclusion

In response to Councillor Scott Bennison’s proposal to set up a Halloween Event Planning Committee, the attached charter is suggested for adoption.  If adopted by Council, a committee should then be formed to investigate and report back to Council about the running of a youth friendly event on 31st October 2011. Members would need to be appointed without an expression of interest and begin meeting before Christmas this year in order to meet timeframes.

 

 

RECOMMENDATION

That:-

1.         The Report be received and noted;

2.         Council adopt the draft Charter of the Halloween Event Planning Committee; and

3.         A Committee be formed to investigate and report back to Council about the running of a youth friendly event on the day of Halloween, 31st October 2011.

 

 

 

 

 

Jane  Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

AT‑1 View

Charter of the Halloween Event Planning Committee

3 Pages