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Agenda

Ordinary Council Meeting

7 March 2011

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 7 March 2011 commencing at 6:30pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Council Meeting Procedures

 

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

 

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

 

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

 

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

 

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under the Government Information (Public Access)  Act 2009, 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 7 March 2011

TABLE OF CONTENTS

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

 

OPENING OF MEETING WITH PRAYER

 

NOTICE OF WEBCASTING OF MEETING

 

ACKNOWLEDGMENT TO COUNTRY

 

 

MATTERS RECOMMENDED BY THE GENERAL MANAGER TO BE CONSIDERED IN CLOSED COMMITTEE

 

 

Confidential Items

 

1.       General Managers Report No. 4

SUBJECT: Valuation Advice - 69 Longueville Road and Consideration of Purchase

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the council; or (iii) reveal a trade secret; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and as it contains details of the valuation and Council's proposed offer, its release would prejudice negotiations.  

 

public forum

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

 

 

CONFIRMATION OF MINUTES

 

2.      ORDINARY COUNCIL MEETING - 21 FEBRUARY 2011

 

 

REFERRED REPORTS FROM INSPECTION COMMITTEE

 

3.       Report Of Committees No. 520

SUBJECT: 24 Wallace Street, Greenwich

 

 

Notices of Rescission

 

4.       Notice of Rescission No. 1

SUBJECT: Car Space Valuation for Go Get Car Scheme

 

5.       Notice of Rescission No. 2

SUBJECT: Wildlife Protection Areas

 


Orders Of The Day

 

 

Notices of Motion

 

6.       Notice of Motion No. 1

SUBJECT: Car Space Valuation for Go Get Car Scheme

 

7.       Notice of Motion No. 2

SUBJECT: Cat Free Wildlife Protection Areas

 

8.       Notice of Motion No. 3

SUBJECT: Neighbour Notifications for Complying Developments

 

9.       Notice of Motion No. 4

SUBJECT: Objection to the Proposed Carbon Tax

 

10.     Notice of Motion No. 5

SUBJECT: Lane Cove Community Alliance

 

11.     Notice of Motion No. 6

SUBJECT: Unformed Section of Caroline Chisholm Lane

 

12.     Notice of Motion No. 7

SUBJECT: Electronic Submission of Development Applications

 

13.     Notice of Motion No. 8

SUBJECT: RASAD Concerns - Lane Cove Alive Leadership Group

 

14.     Notice of Motion No. 9

SUBJECT: Request to NSROC to Fund Aboriginal Education

 

 

Corporate Services Division Reports

 

15.     Corporate Services Division Report No. 10

SUBJECT: Councillor Professional Development Seminars

 

16.     Corporate Services Division Report No. 11

SUBJECT: 2011 Budget, Community Strategic Plan and Delivery Plan

 

 

Open Space and Urban Services Division Reports

 

17.     Open Space and Urban Services Division Report No. 1

SUBJECT: Tender for Landscape Construction Works at Lane Cove Plaza   

 

 

 

 

          


Ordinary Council Meeting 7 March 2011

Report Of Committees No. 520

 

 

Reference:    Report Of Committees No. 520

Subject:          24 Wallace Street, Greenwich

Inspection Committee after considering this matter referred this Report to the Ordinary Council Meeting to be held on the 07 March 2011.   

Record No:    DA10/183-01 - 54424/10

Author(s):       May  Li 

 

 

Property:                     24 Wallace Street, Greenwich

 

DA No:                         183/2010

 

Date Lodged:              20 August 2010

 

Cost of Work:              $1,050,000

 

Owner:                                    G & C Carroll

 

Applicant:                    As above

 

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Demolition of the existing dwelling house, carport, and swimming pool and construction of a dwelling house, an attached carport and a swimming pool

 

ZONE

R2 – Low Density Residential

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No.  However the site is adjacent to a heritage item located at 22 Wallace Street, and 41 George Street, Greenwich

 

IS THE PROPERTY WITHIN A CONSERVATION AREA?

Yes – The site is located within Greenwich Point conservation area

 

IS THE PROPERTY ADJACENT TO BUSHLAND?

No

BCA CLASSIFICATION

Class 1a, 10a and 10b

 

STOP THE CLOCK USED

Yes -66 days

NOTIFICATION

Neighbours:                 30-34, 37-41 George Street, 5 & 9 Mitchell Street, 18-22 Wallace Street, 24-28 Upper Serpentine, Road, Greenwich

Ward Councillors       Councillor Brooks-Horn, Gaffney (Mayor), Palmer, and Tudge

Progress Association   Greenwich Community Association Inc, Lane Cove

 

 


REASON FOR REFERRAL

 

The development application has been flagged by Councillor Forrest and Councillor Tudge due to the concerns raised by neighbours of the proposed development. The owners have lodged an appeal to the Land and Environment Court for deemed refusal and as such the application has been brought before Council for determination.

 

EXECUTIVE SUMMARY

·     The proposal involves demolition of the existing dwelling house and the swimming pool, construction of a dwelling house with double carport and a swimming pool.

·     The property is located in the Greenwich Conservation Area, however is adjoining a heritage item at 22 Wallace Street and 41 George Street.

·     The original design proposed a double garage located within the front setback area.  It did not comply with the FSR standard of the Lane Cove Local Environmental Plan 2009 (the LEP) and the building height, front setback, side setback, and landscaping requirements of the Lane Cove Development Control Plan (the DCP). 

·     The amended proposal has reduced the FSR to comply with the LEP and converted the garage to a double carport with trafficable roof for outdoor recreation.  The carport with a trafficable roof does not comply with the DCP and is not supported.

·     The application was notified.  7 submissions were received to the original proposal and 6 objections were received to the amended plans.  Reasons for objection included:-

Streetscape;

Loss of views;

Bulk and scale of proposed building

Over shadowing;

Over looking; and

Visual impact from Lane Cove River.

·     The owners of the property have lodged an appeal to Land and Environment Court for deemed refusal of development application on 16 December 2010.

·     A Section 34 conference was carried out on site by the Land and Environment Court on 9 February 2011 and the applicant has provided further amendments to the proposal including lowering the height of the entire building by 300mm.  

·     Consent is recommended subject to standard conditions and a specific draft condition requiring the deletion of the terrace over the carport. 

 

SITE

 

The site is located on the southern side of Wallace Street to the west of Mitchell Street in Greenwich.  It is at the lower end of Wallace Street adjoining the footpath of the unformed portion of Upper Serpentine Road.  The land to the front of the site falls steeply to the Greenwich Reserve on the foreshore of the Lane Cove River. 

 

The slope of the site falls from its south-eastern corner at the rear to the north-western corner at the front by approximately 3.3m. 

 

An existing two storey dwelling house with a double carport and an in-ground swimming pool are located on the site.  An approved existing double carport with a trafficable roof located at the front of site.  There is no building located to the west of the site towards Lane Cove River and the existing house enjoys significant views of the Lane Cove River.

 

Surrounding development comprises single and two storey dwelling houses.  The site shares its boundaries with 22 Wallace Street, 39 and 41 George Street, Greenwich.  22 Wallace Street and 41 George Street are heritage items listed in the LEP.  (B28 and B30).

 

The site is located within the Greenwich Conservation Area indentified in the LEP.  Site Location Plans and Neighbour Notification Plans attached (AT-1 – AT-2).

 

PROPOSAL

 

The original proposal involved the following works:-

·     Demolition of the existing structures including the dwelling house, the carport and the swimming pool; and

·     Construction of a dwelling house, garage with a trafficable roof and an in-ground swimming pool.

 

Following an initial assessment of the proposal, the applicant amended the proposal.  The amendments included increasing the front setback of the dwelling house to Wallace Street by an additional 400mm and converting the garage to a double carport with trafficable roof.

 

At the Section 34 conference, the following further amendments were agreed to by the applicant:-

·     The height of the entire building to be lowered by 300mm, so that the whole building does not exceed RL 39.531.

·     Increase setback of the rear balcony on the first floor to the eastern boundary by an additional 1.2m, in line with the shape of the terrace on the ground floor level.

·     The installation of a privacy screen at the front entrance of the dwelling house.

·     The installation of obscured glass to two windows on the first floor on the east elevation (windows to Bedroom 4 and the void area).

 

The above amendments have not been marked on the plans.  However, they could be considered and conditioned in the development consent if Council is of a mind to approve the application.

 

PREVIOUS APPROVALS/HISTORY

 

Previous applications lodged for the site included a combined development and building application D124/90 for alterations and additions to the existing dwelling house (Approved on 4 March 1990).  The existing carport with a trafficable roof top terrace was included in the consent.

 

Council’s Dwelling House Code prohibited trafficable carport roofs since at least September 2000, and was included in the Dwelling House Code of August 2002 (Clause 3.7(3)(iii).

 

PROPOSAL DATA/POLICY COMPLIANCE

 

Site Area (528m2)

 

Lane Cove Local Environmental Plan 2009

 

 

Proposed

Standard

Complies

Floor Space Ratio

0.6:1

0.6:1

Yes

Height of Buildings

9.2m

9.5m

Yes


 

Lane Cove Development Control Plan

 

 

Proposed

Control

Complies

Front setback (min)

7.0m

Consistent with area (6.5m) or 7.5m

Yes (6.5m)

Secondary street setback (corner lots)

2m

2m

Yes

Side setback (min)

1.5m

1.5m for 2 storey dwelling house

Yes

Rear setback (min)

12m

<1000m²: 8m

Yes

Wall Height (max)

7.3m

7.0m

No

Subfloor height (max)

1.5m

1.5m

Yes

Number of Storeys (max)

3

2

No

Landscaped area (min)

33%

35%

No.  Can be conditioned to comply

Solar Access

More than 3 hours

3 hrs to north-facing windows

Yes

Deck/Balcony depth (max)

1m

3m

Yes

Private open space

132m2

24 m² (min)

4m minimum depth

Yes

 

Fences

 

 

Proposed

Control

Complies

Front fence height (max)

1.2m (metal paling with brick piers)

Solid:             900mm

Lightweight:   1.2m

Yes

Piers width (max)

350mm

350mm

Yes

 

Car Parking

 

 

Proposed

Control

Complies

Off-street spaces (min)

2

Yes

Driveway width

5.5m

3m at the lot boundary

No

However, the variation is supported given the constraints of the site.

 

Carports within the front setback & Garages facing the street

 

 

Proposed

Control

Complies

Setback of Carport Posts (min)

1.9m

1m from street boundary

Yes

% of Allotment Width (garages & carports)

60% of the site frontage (5.5m)

50% of lot width or 6m, whichever is the lesser

No.  However, the variation is supported given the constraint of the site.

Carport roof

Trafficable roof proposed

No trafficable roof as per Council policy.

No

 

Private Swimming Pools

 

 

Proposed

Control

Complies

Setback to Neighbour’s House (min)

5m

3m to waterline

Yes

Setback to boundary (min)

1.7m to waterline

1m to waterline

Yes

Height (max)

(steeply sloping sites)

Nil

1m

1.8m   

Yes

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

N/A

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

N/A

Setback from trees >5m in height (min)

Less than 5m

3m

No.  However, the Tree Assessment Officer raised no objection to the location of the proposed swimming pool

 

REFERRALS

Manager Urban Design and Assets

The development engineer has reviewed the proposal and advised that no OSD is required as the site is within the OSD exclusion area.  The applicant is proposing a 15.5m3 rainwater reuse system in favour of the site

The development engineer has endorsed the application and provided draft conditions. (See draft conditions 35-55).

Manager Open Space

The Tree Assessment Officer has noted that the site is affected by the Sydney Harbour Foreshore Development Control Plan. The proposed development is similar to the existing development on site in size and nature. The proposed works would not result in any negative landscape or ecological issues on the site or to neighbouring allotments.

No objections were raised to the removal of the Cocos Palm tree and another small tree on the site.  The proposed landscape concept plan is considered satisfactory and should be adopted as part of the development. 

The Jacaranda tree located on the allotment must be protected for the duration of the proposed development.

The Tree Assessment Officer has endorsed the application and provided draft conditions of consent.  (See draft conditions 56-62).

Heritage

Council’s heritage adviser advised that the site is not listed as a heritage and there is insufficient integrity remaining of the original structure to justify its retention.

The heritage adviser raised objections to the original design relating to the building setback and the garage as it relates to the Heritage Conservation Area streetscape.

Amended plans were submitted and the heritage adviser raised no objections to the amended design.

 

SYDNEY HARBOUR CATCHMENT – SYDNEY REGIONAL ENVIRONMENTAL PLAN 2005

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (Harbour REP) covers all the waterways of the Harbour, the foreshores and entire catchment.  It establishes a set of planning principles to be used by councils for the preparation of planning instruments, for the hydrological catchment of the Harbour. It also zones the waterways into nine different zones to suit the differing environmental characteristics and land uses of the harbour and its tributaries.

The Harbour REP includes a range of matters for consideration by consent authorities assessing development within the Foreshores and Waterways Area of the Plan. These are aimed at ensuring better and consistent development decisions and include such issues as ecological and scenic quality, built form and design, maintenance of views, public access and recreation and working harbour uses. The REP includes provisions relating to heritage conservation and wetlands protection and provides planning controls for strategic foreshore sites.

 

Division 2 of the REP lists the matters for consideration during the assessment.  The relevant clauses in the division are discussed as below:

 

Clause 20       General

 

The matters referred to in this Division (together with any other relevant matters):

a)         are to be taken into consideration by consent authorities before granting consent to development under Part 4 of the Act, and

b)         are to be taken into consideration by public authorities and others before they carry out activities to which Part 5 of the Act applies

 

The clause was taken into consideration during the assessment process.

Clause 25       Foreshore and Waterways Scenic Quality

The matters to be taken into consideration in relation to the maintenance, protection and enhancement of the scenic quality of foreshores and waterways are as follows:-

a)         the scale, form, design and siting of any building should be based on an analysis of:

i)     the land on which it is to be erected, and

ii)     the adjoining land, and

iii)    the likely future character of the locality,

b)         development should maintain, protect and enhance the unique visual qualities of Sydney Harbour and its islands, foreshores and tributaries,

c)         the cumulative impact of water-based development should not detract from the character of the waterways and adjoining foreshores.

 

The proposed dwelling house is of a modern design, however it would be of a similar height and scale to the existing dwelling house.  The site set back some distance from the foreshore and would not have a prominent visual impact to the riverscape of Lane Cove River.

Clause 26       Maintenance, Protection and Enhancement of Views

The matters to be taken into consideration in relation to the maintenance, protection and enhancement of views are as follows:-

a)         development should maintain, protect and enhance views (including night views) to and from Sydney Harbour,

b)         development should minimise any adverse impacts on views and vistas to and from public places, landmarks and heritage items,

c)         the cumulative impact of development on views should be minimised.

 

There are existing views to the Lane Cove River from Wallace Street and the adjoining dwelling houses.  The proposed dwelling house is in a similar location to the existing dwelling house and would not obstruct views from the adjoining properties and public places.  The proposal complies with this clause of the REP.

 

Sydney Harbour Foreshores and Waterways Area Development Control Plan

 

The proposed dwelling house is of a similar height and scale to the existing dwelling house. 

 

The proposed landscaping plan for the site has been endorsed by Council’s Tree Management Officer and the proposal is considered to satisfy the design and landscaping requirements of the DCP.

 

Lane Cove LOCAL Environmental Plan 2009

 

The proposed development does not change the existing land use of the site for a dwelling house and complies with the aims and objectives of the LEP.

 

Other Planning Instruments

 

Lane Cove Development Control Plan

 

The compliance to the requirements of the DCP has been outlined in the compliance table in the previous section of the report.

 

Variations to Council’s Codes/PolicIes (seCTIONS 79c(1)(a), (1)(b), and (1)(c))

 

As outlined in the compliance table, the proposed development does not comply with the overall wall height, landscape and driveway width requirements of the DCP.  The proposal seeks approval for a carport with a trafficable roof which also does not comply with the DCP or Council policy.  Each of the departures is discussed below:-

Landscaping

The proposed landscaping is assessed at 33% of the site.  Areas with a width less than 1m are not included in the landscaping calculation.  A draft condition requiring additional landscaping would be included recommendation, if the application is approved.  This would be achieved by the reduction in paved areas on the site. (See draft condition 2(f)).

Wall Height

The proposal exceeds the 7.0m wall height requirement of the DCP by 0.3m.  This is a reduction on the original .6m exceedence, following the Section 34 Conference on the site.  The non-compliant section is at the front of the building on the west elevation.  The eastern wall height is 6.7m.  The variation is considered acceptable for the following reasons:-

·     The slope of the site falls from its east boundary to the west boundary by approximately 1m.

·     The building complies with the overall building height standard of the LEP.

·     The width of the non-compliant section is 4.4m out of 16m of the west elevation.

·     The proposed building would not create a significant shadowing impact to the adjoining property to the east at 22 Wallace Street.

·     The variation is considered minor and would not have a significant visual impact to the adjoining properties and the streetscape.

The Width of Driveway

The DCP states the width of the driveway at the lot boundary should not exceed 3m.  The proposed driveway is 5.5m wide.  The site is located at the lower end of the street.  Wallace Street is a narrow street and a wider driveway is necessary for vehicle manoeuvring.  The variation is supported.  Council’s engineers did not object to this aspect of the proposal.

The Width of the Carport

The DCP states that carport facing the street should not exceed 50% of the lot width or 6m whichever is lesser.

The lot width of the site is 9.8m and the width of the proposed carport is 6.6m.  Given that there is no on street parking available at the front of the site and the narrow width of the site, it is considered reasonable that the owners of the site have a double carport which exceeds 50% of their lot width, in this instance.  However, the width of the carport should be reduced to 6m to reduce the degree of visual impact to the streetscape.  The reduction of the carport width would also improve compliance with the landscaping requirement of the DCP.

The Roof of the Carport

 

The DCP states the objectives for car parking are:-

1.    To provide off street parking for residents.

2.    To ensure that the design of car parking structures is consistent with the dwelling and has minimal impact on the streetscape.

 

The DCP and Council policy require that carports have an open design and not have a trafficable roof. 

 

The proposal involves construction of a new dwelling house and, notwithstanding the previous carport on the site was approved in 1990.  Council’s current development control plan does not permit carports with trafficable roofs on amenity and aesthetic grounds. 

 

The proposed carport roof/terrace has a solid stone and glass balustrade.  This has the effect of increasing the bulk and the scale of the carport structure within the front building line.  The structure is considered out of character with Wallace Street and the conservation area.  Approval of the trafficable roof would set an undesirable precedent to developments in the conservation area and is not in keeping with recent Council determinations in relation to trafficable garage and carport roofs.  (See draft condition 2(b)).  As the site provides ample private open space at the rear of the dwelling house, special consideration is not considered appropriate.

 

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

The development proposal was notified in accordance with Council’s notification policy.  The original proposal was notified between 24 August 2010 and 8 September 2010 and the amended proposal was notified between 17 November 2010 and 1 December 2010.  7 submissions were received in response to the original proposal and 6 to the amended proposal.  The issues raised in the submission can be summarised as follows.

·     Loss of Views

Comment

The objection is acknowledged but not supported. The site is located at the lower end of Wallace Street.  The top of the planter on the proposed carport is at RL33.12m and is lower than the finished floor level of the front patio (at RL33.27m) of 22 Wallace Street.  The front setback on the ground floor of the proposed dwelling house has been increased by 400mm from the existing dwelling house.  The proposed building would not have a significant impact to the existing view corridor of 22 Wallace Street, and view loss is minor and reasonable in the circumstances.  Lane Cove Council supports view sharing principles.

·     Over Shadowing

Comment

The site is located at the lower end of Wallace and there is no adjoining building to the west of the proposed dwelling house.  22 Wallace Street is located to the east of the site.  The proposed dwelling house would not create any shadowing to the north facing (front elevation) windows of the adjoining dwelling house at 22 Wallace Street.  Notwithstanding that there would be afternoon overshadowing of 22 Wallace Street, the proposal complies with the minimum solar access requirements of the DCP.

·     Over Looking

Comment

The applicant has agreed to install obscured glass to the window panels on the first floor on the east

elevation (bedroom 4 and void area) to address the over looking impact to 22 Wallace Street. (See draft condition 2(h).  Such measures would satisfactorily address the concern raised and are supported.

·     Visual Impact from Lane Cove River

Comment

The proposed dwelling house would have a three storey appearance from Lane Cove River.  This elevation features the carport structure and 2 levels of residential over and behind.  The front elevation is similar to the existing building.  Part of the third storey is contained in partial excavation and the building meets the overall height requirement.  There are a number of three storey buildings fronting onto the Lane Cove River and it is not considered that the proposal would not be out of character when viewed from the river.; 

·     Streetscape and Impact of Trafficable Roof on Carport

Comment

It is agreed that the design of the proposed carport is not compatible with the streetscape, is contrary to Council’s DCP and is not supported for potential adverse impacts to local amenity and aesthetics.

 

CONCLUSION

 

The matters in relation to Section 79C of Environmental Planning and Assessment 1979 have been taken into consideration during the application process.  It has been confirmed by Council’s Heritage Adviser that the demolition of the existing dwelling house would not create a loss of heritage significance of the conservation area.  With amendments proposed by the applicant and, addressed with draft conditions within this report, the building height and the scale of the proposed development are considered acceptable.  However, the design of the proposed carport is contrary to Council’s DCP, is not compatible with the streetscape in the conservation area has potential to adversely impact on amenity and streetscape.  The trafficable carport roof is not supported and is recommended to be amended so as to not be trafficable and better blend with the proposed dwelling house. 


 

RECOMMENDATION

THAT pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application 183/2010 for the demolition of the existing dwelling house, carport, and the swimming pool and construction of a dwelling house with an attached double carport, and a swimming pool on Lot 19, DP 78475 and known as 24 Wallace Street, Greenwich subject to the following conditions:-

General Conditions

1.       (20) That the development be strictly in accordance with the following drawings dated 12/11/10, prepared by Corben Architects except as amended by the following conditions.

-       Roof/Site Plan, DA-01, Revision B;

-       First Floor Plan, DA-02, Revision B;

-       Ground Floor Plan, DA-03, Revision B;

-       Basement Plan, DA-04, Revision B;

-       North Elevation, DA-06, Revision B;

-       South Elevation, DA-07, Revision B;

-       East Elevation, DA-08, Revision B;

-       West Elevation, DA-09, Revision B;

-       Section A, DA-10, Revision B;

-       Section B, DA-11, Revision B;

-       Landscape concept plan prepared by Spit Level Designs (Drwg No: LP01).

2.       Amended plans and specifications incorporating the following amendments are to be submitted with the application for a construction certificate:-

a)      The entire building height must be lowered by 300mm with the maximum ridge height not to exceed RL 39.531.

b)      The trafficable roof/ terrace over the carport must be deleted and replaced with a non-trafficable roof. 

c)      The maximum width of the carport is not to exceed 6m.

d)      The rear first floor balcony is to be setback an additional 1.2m from the eastern edge of the dwelling house.  (Total setback to be 2.7m from the boundary).

e)      A privacy screen must be installed at the eastern end of the rear balcony on the first floor.

 

f)       A minimum of 35% of landscaping must be provided on the site.  Landscaped area means part of a site used for growing plants, grasses and trees, but does not included any building, structure or hard paved area.  A minimum width of 1m is required for inclusion as landscaped area.

g)      A 1.7m high privacy screen must be installed in front of the main entrance of the dwelling house. The screen is capable of providing privacy to the entrance to the proposed dwelling house.

h)      The windows of Bedroom 4 and the void area on the first floor of the east elevation must be of obscured glass panels.

3.       All metal deck roofs must be of a ribbed metal profile or colourbond corrugated galvanised or zincalume iron, in a mid to dark range colour and having an approved anti-glare finish.

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

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

The consent authority or a private accredited certifier must:-

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

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

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

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

Monday to Friday (inclusive)                     7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

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

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

11.     The building not to be used for separate occupation or commercial purposes.

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

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

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

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

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

b)      All reinforcement prior to filling with concrete.

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

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

e)      Installation of steel beams and columns prior to covering

f)       Waterproofing of wet areas

g)      Pool reinforcement prior to placement of concrete.

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

i)        Stormwater drainage lines prior to backfilling.

j)        Completion.

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

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

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

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

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

16.     The swimming pool being surrounded by a fence:-

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

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

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

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

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

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

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

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

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

a)         underpinning;

b)         retaining walls;

c)         footings;

d)         reinforced concrete work;

e)         structural steelwork;

f)          upper level floor framing.

20.     A temporary connection to be made to the sewers of Sydney Water (where available) with an approved toilet structure and toilet fixtures being provided on the site BEFORE WORK IS COMMENCED.  Where the Sydney Water sewer is not available a "Chemical Closet" type toilet shall be permitted.

21.     Additions not being used for commercial, industrial purposes or for separate occupation.

22.     A check survey certificate is to be submitted at the completion of:-

a)         The establishment of the first floor level;

b)         The roof framing; and

c)         The completion of works.

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

 

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

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

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

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

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

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

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

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

25.     The proposed works must be confined within the boundaries of the site.

26.     All machinery used on the site during demolition shall have a noise emission no greater than 75dB(A) when measured at a radius of 7.0 metres from the specified item.

27.     All spillage deposited on the footpaths or roadways to be removed at the completion of each days work.

28.     The site being properly fenced to prevent access of unauthorised persons outside of working hours.

29.     Compliance with Australian Standard 2601 - The Demolition of Structures.

30.     Compliance with the Waste Management Plan submitted with the development application.

31.     It should be understood that this consent in no way relieves the owners or applicant from any obligation to obtain any other approval which may be required under any covenant affecting the land or otherwise nor relieve a person from the legal civil consequences of not complying with any such covenant.

32.     Lane Cove Council charges a fee of $30 for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.

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

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

34.     BASIX - Compliance with all the conditions of the BASIX Certificate lodged with Council as part of this application.

General Engineering Conditions

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

36.     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. 

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

38.     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.

39.     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.

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

41.     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’.

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

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

44.     Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

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

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

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

Note:

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

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

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

Engineering Conditions to be Complied With Prior to Construction Certificate

48.       Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan numbered SY100162 pages 1-3 prepared by ACOR Consultants dated 13-05-10.

Certification by a suitably qualified engineer of the above plans is to be submitted to the Principal Certifying Authority stating that the design fully complies with, AS-3500 and Council's DCP-Stormwater Management. The plans and certification shall be submitted prior to the issue of the Construction Certificate.

The Principal Certifying Authority is to satisfy themselves of the adequacy of the certified plans for the purposes of construction. They are to determine what details, if any, are to be added to the construction certificate plans, in order for the issue of the Construction Certificate.

49.     Excavation Greater Than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

The applicant shall:-

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

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

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

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

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

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

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

50.       Pool Construction: The pool design shall ensure that either during construction or upon completion, surface water is not be directed or diverted so as to have an adverse impact upon adjoining properties.

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

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

52.       Design of Pool Structure: The proposed concrete pool is to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate

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

Engineering Condition to be Complied With Prior to Commencement Of Construction

54.     Erosion and sediment control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed generally in accordance with the plans numbered H2.01 & H2.02 prepared by ACOR Consulting and dated 13-05-10. The devices shall be maintained during the construction period and replaced when necessary.

Engineering Condition to be Complied With Prior to Occupation Certificate

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

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

Landscaping Conditions

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

57.     The applicant must obtain a Tree Preservation Order Work Authority prior to pruning of any trees; greater than 4 m in height, located on the property or in neighbouring properties including the cutting of any tree roots greater than 40 mm in diameter.

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

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

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

61.     The Jacaranda tree must be retained. The trunk of the Jacaranda tree must be protected during the demolition and construction period by a trunk guard.  The trunk guard must be made of underfelt under a layer of timber battens spaced 50 mm apart and up to 2 m from the ground.  The trunk guard must be installed PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE and/or demolition works.

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

2 Pages

 

AT‑2 View

Revised Neighbour Notification Plan

2 Pages

 

 

  


Ordinary Council Meeting 7 March 2011

Notice of Rescission No. 1

 

 

Reference:    Notice of Rescission No. 1

Subject:          Car Space Valuation for Go Get Car Scheme    

Record No:    SU1397 - 7472/11

Author(s):       Councillor Shauna Forrest; Councillor Pam Palmer; Councillor Roderick Tudge 

 

 

 

In the event this Notice of Rescission is carried the Councillors have submitted Notice of Motion No.1 for consideration.

 

Executive Summary

 

At the Council Meeting of 7 February 2011, Council considered Open Space and Urban Services Division Report No.1 and resolved:-

 

“That a market rent of $900+GST be imposed on the car space in Rosenthal Avenue for the ‘Go Get’ Car Scheme and that this rent be funded by the Sustainability Levy due to the environmental benefits that the scheme will bring.”

 

This report recommends rescinding this resolution.

 

 

RECOMMENDATION

 

That the resolution in relation to Open Space and Urban Services Division Report No.1 of 7 February 2011 for Car Space Valuation of Go Get Care Scheme be rescinded.

 

 

 

 

 

Councillor Shauna Forrest

Councillor

 

 

 

Councillor Pam Palmer

Councillor

 

 

 

Councillor Roderick Tudge

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 7 March 2011

Notice of Rescission No. 2

 

 

Reference:    Notice of Rescission No. 2

Subject:          Wildlife Protection Areas    

Record No:    SU3628 - 7595/11

Author(s):       Councillor David Brooks-Horn; Councillor Scott Bennison; Councillor Ann Smith 

 

 

In the event this Notice of Rescission is carried the Councillors have submitted Notice of Motion No. 2 for consideration.

Executive Summary

At the Council Meeting of 6 December 2010, Council considered Notice of Motion No. 13 and resolved that:-

“1.     Council supports the provision of the initial funding (estimated $9,800) this financial year in order to employ a consultant to undertake the necessary work for the consideration of the introduction of Wildlife Protection Areas in Lane Cove in accordance with the Lane Cove Bush land Plan of Management 2007; and

2.       Consultation with Aboriginal elders is undertaken in regards to the introduction of Wildlife Protection Areas in Lane Cove”.

This report recommends rescinding this resolution.

 

 

 

RECOMMENDATION

 

That the resolution in relation to Notice of Motion No. 13 of 6 December 2010 for the Declaration of Wildlife Protection Areas be rescinded.

 

 

 

 

 

 

Councillor David Brooks-Horn

Councillor

 

 

 

Councillor Scott Bennison

Councillor

 

 

 

Councillor Ann Smith

Councillor - Central Ward

 

 

ATTACHMENTS:

There are no supporting documents for this report.

      


Ordinary Council Meeting 7 March 2011

Notice of Motion No. 1

 

 

Reference:    Notice of Motion No. 1

Subject:          Car Space Valuation for Go Get Car Scheme    

Record No:    SU1397 - 7473/11

Author(s):       Councillor Shauna Forrest; Councillor Pam Palmer; Councillor Roderick Tudge 

 

 

 

This Notice of Motion will only be considered if Notice of Recission No. 1 is carried.

 

Executive Summary

 

This Motion calls for the Deferral of a decision relating to the imposition of a market rent or otherwise for the car space in Rosenthal Avenue for the current ‘Go Get’ Car Scheme or future car share schemes. A decision relating to these matters is seen to be premature and would be better informed after the development of a formal car share scheme policy.

 

A formal car share scheme policy provides residents, Council and car share schemes with an informed and therefore clear position on the future role of car sharing in Lane Cove.

 

Decisions relating to the future of car sharing in Lane Cove should be made with consideration of current, available evidence and should not be disassociated or in advance of Council developing a car share policy that includes the implications for parking and sustainable transport in the LEP and DCP and the aims and objectives of the Lane Cove Council Sustainability Action Plan.

 

Lane Cove Council does not have a Policy dealing with Car Share schemes and currently has only one-third of the number of share cars available in Mosman Council, which has a similar number of residents. Lane Cove Council requires a comprehensive Car Share policy so as to develop alternative community transport and provide effective incentives for people to utilise public transport and travel modes other than private motor vehicles.

 

 

RECOMMENDATION

 

That Council defers any decisions relating to the imposition of a market rent for the car space in Rosenthal Avenue for the current ‘Go Get’ Car Scheme or future car share schemes. A decision relating to these matters is to be considered following the development of a formal car share scheme policy for Lane Cove.

 

 

Councillor Shauna Forrest

Councillor

 

 

Councillor Pam Palmer

Councillor

 

 

Councillor Roderick Tudge

Councillor - East Ward

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 7 March 2011

Notice of Motion No. 2

 

 

Reference:    Notice of Motion No. 2

Subject:          ‘Cat Free' Wildlife Protection Areas    

Record No:    SU3912 - 7597/11

Author(s):       Councillor David Brooks-Horn; Councillor Scott Bennison; Councillor Ann Smith 

 

 

 

This Notice of Motion will only be considered if Notice of Recession No. 2 is carried.

 

 

RECOMMENDATION

 

That:-

1.     Council declare under Section 30 of the Companions Animals Act 1974 that all Bushland within the Lane Cove Council Area be designated ‘Cat Free Areas’, Wildlife Protection Areas; and

2.     Funds previous allocated to a consultant now be applied for public education to inform the community, including appropriate signage of the areas as required by the Companions Animals Act 1974.

 

 

 

 

 

 

Councillor David Brooks-Horn

Councillor

 

 

 

Councillor Scott Bennison

Councillor

 

 

 

Councillor Ann Smith

Councillor - Central Ward

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 7 March 2011

Notice of Motion No. 3

 

 

Reference:    Notice of Motion No. 3

Subject:          Neighbour Notifications for Complying Developments    

Record No:    SU1787 - 7569/11

Author(s):       Councillor Pam Palmer 

 

 

Executive Summary

A new home, renovation or improvement can be approved in 10 days or less without the need for a Development Application (“DA”) if it meets criteria in the NSW Government's Housing Code.

There is no provision for neighbours to be notified of the proposal.  Neighbours within 20m of the site will simply be notified two days before works commence.

In order to better inform residents about planning issues in their local area, it is suggested that Council notify neighbours of Complying Developments consents issued under the Housing Code.

 

Background

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 commenced in February 2009.

The SEPP is divided into two main sections; Housing Code and the Commercial and Industrial Code, which specify relevant controls for the different land uses.  Within each section there are two sub-sections which stipulate provisions for Exempt and Complying Development.

Exempt development does not require any planning or construction approval. Some of the work which can be carried out without Council approval includes pergolas, decks, awnings, privacy screens, excavation work and cabanas. 

Complying development is a combined planning and construction approval. Complying development is a fast track, 10-day approval process where a building meets all of the predetermined standards established in the Housing Code.  A complying development certificate can be issued by Council or a private certifier.

Since its introduction, the SEPP has been amended and expanded.  Also during this time, architects and their clients have become more aware of the Housing Code provisions.

These factors have contributed to an increase in the number of these developments within Lane Cove.  At the same time, the majority of affected neighbours still appear to be unaware of the SEPP and its implications.

As a result, more and more affected neighbours are turning to Council in frustration (and often in anger) to resolve their issues. 

 

Conclusion

In order to better inform residents about planning issues in their local area, affected residents could be notified of any Complying Development consents at the same time that Council becomes aware of them.

As a trial, it is suggested that this could be a standardised courtesy letter sent to the immediate neighbours of the proposed development. 

Some brief information about the development, such as a copy of the consent, could be attached.

 

 

RECOMMENDATION

That Council act to promptly inform immediate neighbours affected by a consent granted under the Housing Code’s Complying Development provisions.

 

 

 

 

 

 

Councillor Pam Palmer

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 7 March 2011

Notice of Motion No. 5

 

 

Reference:    Notice of Motion No. 4

Subject:          Objection to the Proposed Carbon Tax    

Record No:    SU1652 - 7571/11

Author(s):       Councillor David Brooks-Horn 

 

 

 

Executive Summary

The Labor & Greens Federal Coalition Government have announced their intention to introduce a "Carbon Tax" which will potentially increase the price of fuel, electricity and other products and service used by Lane Cove Residents, Rate Payers and The Lane Cove Council.

The rate payers of Lane Cove will already be forced to pay an increase in tax to fund the natural disasters in Queensland and an increase in their rates to pay for infrastructure renewal throughout the Lane Cove Municipality and we feel that any increase in taxes through a Carbon Tax will be detrimental to the residents and rate payers and will put further strain on Council's ability to deliver the high level of services that are enjoyed and expected by our rate payers and residents.

 

 

RECOMMENDATION

That:-

1.   The General Manager write to our Local Federal Member of parliament (Hon. Joe Hockey MP), the Federal Minister For Climate Change and Energy Efficiency (The Hon Greg Combet, AM, MP) and the Prime Minister of Australia (The Hon Julia Gillard, MP) stating the Lane Cove Council's opposition to the introduction of the proposed "Carbon Tax"; and

2.   The General Manager write to NSROC outlining the course of action carried out by Lane Cove Council and suggest that the other NSROC councils follow our lead.

 

 

 

 

 

Councillor David Brooks-Horn

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 7 March 2011

Notice of Motion No. 5

 

 

Reference:    Notice of Motion No. 5

Subject:          Lane Cove Community Alliance    

Record No:    SU1652 - 7576/11

Author(s):       Councillor Scott Bennison 

 

 

Executive Summary

Bill Henningham, Facilitator for the Lane Cove Community Alliance wrote to Council on 13th September 2010 purporting to represent a number of community organisations (Greenwich Community Association, Lane Cove North Residents Association, Lane Cove West Residents Association, Northwood Action Group, Osborne Park Progress Association, Riverview Community Association and Stringy Bark Creek Residents Association).  He made the following assertions:-

·   All the community groups being members of the Lane Cove Community Alliance have studied the constitution of the Lane Cove ALIVE Leadership Group (LCALG) and have serious concerns over the governance and accountability of the LCALG;

·   The process of election to the board is misleading; and

·   That there is a lack of transparency of rate payers monies.

The Mayor responded to Bill Henningham, c/o the Lane Cove Community Alliance on the 28th September 2010 and refuted his claims.

Some of the above community association have since advised Council that their respective organisations did not resolve to be a party to this letter nor do they agree with the assertions made by Bill Henningham and the Lane Cove Community Alliance that appear contradictory to the recent letter receive from Lane Cove Community Alliance.

As such Council needs to establish:-

1.   If the assertions made by Bill Henningham and the Lane Cove Community Alliance are misleading in that the members of the Lane Cove Community Alliance did not authorise or endorse their association’s being represented in the letter received from Lane Cove Community Alliance dated 13th September 2010, and

2.   If the comments by Bill Henningham and the Lane Cove Community Alliance are either defamatory or slanderous.

 

RECOMMENDATION

 

That Council:-

1.      Send a copy of the letter received from the Lane Cove Community Alliance and request each member organisation provide Council with the following information:-

a)   The legal status of their respective organisation (incorporated or unincorporated);

b)   If each member association of the Lane Cove Community Alliance did in fact  review the constitution of LCALG and agree with the Lane Cove Community Alliance views that there are serious issues of governance and accountability, the process of election of the board is misleading and that there is a lack of transparency of rate payers monies; and

c)   The details of each community organisation executive.

2.      Obtain legal advise to determine if the assertions made by Bill Henningham and/or Lane Cove Community Alliance are defamatory and/or slanderous.

 

 

Councillor Scott Bennison

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 7 March 2011

Notice of Motion No. 6

 

 

Reference:    Notice of Motion No. 6

Subject:          Unformed Section of Caroline Chisholm Lane    

Record No:    SU1075 - 7601/11

Author(s):       Councillor Shauna Forrest 

 

 

 

 

RECOMMENDATION

 

That the General Manager bring back a report to Council on options and recommendations for rezoning the unformed part of Caroline Chisholm Lane to prevent any vehicular access.

 

 

 

 

 

 

Councillor Shauna Forrest

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 7 March 2011

Notice of Motion No. 7

 

 

Reference:    Notice of Motion No. 7

Subject:          Electronic Submission of Development Applications    

Record No:    SU543 - 7604/11

Author(s):       Councillor Pam Palmer 

 

 

Executive Summary

Council is currently acting to reduce paper use while expanding the use of more accessible digital formats for its Business Papers and many other documents.

By requesting Development Applications (DAs) be lodged in digital format, Council could benefit by further reducing paper.  Residents would benefit from the higher quality of DA information able to be provided on Council’s website.

Background

Large documents are often submitted as part of a Development Application.  For example, the Statement of Environmental Effects which must accompany each DA would often be more than 20 pages for a new development and may be as large as 100 pages for a major development.

Such large documents are currently manually scanned into a digital format for upload to Council’s website.

Many Councils currently request developers submit their DAs in digital format.  The relevant plans then retain their original resolution or detail when displayed on the web.

Lane Cove’s website currently shows only an A4 plan which loses detail via the scanning process and cannot be viewed at a higher resolution.

Digitalised plans could provide our residents with much improved and more accessible information about new developments.  Developers may also benefit because less paperwork is required of them.

 

 

RECOMMENDATION

That a report come back to Council on the costs and benefits of requesting Development Applications in a digital format (while still acknowledging applicants must provide any paperwork required by Council and/or the Environmental Planning and Assessment Act).

 

 

 

 

Councillor Pam Palmer

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 7 March 2011

Notice of Motion No. 8

 

 

Reference:    Notice of Motion No. 8

Subject:          RASAD Concerns - Lane Cove Alive Leadership Group    

Record No:    SU1800 - 7633/11

Author(s):       Councillor Scott Bennison 

 

 

Executive Summary

A submission received from RASAD (Residents and Shopkeepers for Appropriate Development) dated 1st November 2010 outlined concerns with the Lane Cove Alive Leadership Group (LCALG) and made the following allegations:-

1.      Lack of transparency in LCALG involvement with the community;

2.      LCALG only engages with small business and property owners and ignores the community at large in its deliberations;

3.      Members of LCALG are forbidden to consult with the community;

4.      The LCALG shows little or no regard for community views;

5.      That only LCALG is accountable for expenditure of public monies;

6.      Evidence of no genuine election process;

7.      Evidence that Board members have accepted/received benefits from the Retail Marketing Strategy;

8.      Evidence that the General Manager only listens to the personal views of the nine board members and not the community;

9.      RASAD methodology as to who return on investment would be calculated;

10.    Lack of transparency about actual level of funding; and

11.    Governance issue as to control and expenditure over ratepayers funds.

 

The Mayor responded to Doug Stewart, c/o RASAD on the 29th November 2010 refuting their claims.  No formal response has been received from RASAD with respect to the Mayors letter.

 

RECOMMENDATION

That Council:-

1.   Request from Doug Stewart, Convenor of RASAD documentary evidence to support the following concerns raised in his letter dated 1st November 2010 with regard to LCALG:-

a)   That only LCALG is accountable for expenditure of public monies;

b)   Evidence that Board members have accepted/received benefits from the Retail Marketing Strategy; and

c)   That there are Governance issue as to control and expenditure over ratepayers funds.

 

2.   That Council obtain legal advise to determine if the allegations made by Doug Stewart and/or RASAD are defamatory and/or slanderous.

 

 

Councillor Scott Bennison

Councillor

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 7 March 2011

Notice of Motion No. 9

 

 

Reference:    Notice of Motion No. 9

Subject:          Request to NSROC to Fund Aboriginal Education    

Record No:    SU902 - 7746/11

Author(s):       Councillor Scott Bennison 

 

 

Executive Summary

 

Ian Bulgin has been the co-ordinator for Aboriginal Education at Marsden High School for the past 12 years.

 

Marsden High School is in a situation where they have a small number of Aboriginal and sometimes Torres Strait Islander children (fluctuating from between 6 to 14).  Many of these students suffer disadvantage in a number of areas.  They are very lucky to currently have the opportunity to employ a trained Aboriginal Education Worker (AEW) who does excellent work.

 

Obtaining ongoing funding (e.g. over three to five years) to support these students has been very difficult.  Hence they are investigating alternative possibilities.  Ian has approached me to ask for help to fund this important position.

 

The funds would be paid to Marsden High School. The School set up a trust fund within the school's account system. The Principal, Mrs Denise Lofts, will ensure that the funds are managed to maximise the employment of an Aboriginal Education Assistant to assist the sixteen Aboriginal students to improve their access to education.  At any time the school's accounts person, Mrs Cathie Rust, will be able to forward relevant documentation or an acquittal as to how the funds have been spent.

 

 

 

RECOMMENDATION

 

That:-

1.    Council agree to put this request to the next meeting of NSROC and request a combined funding of $7,000 toward the total cost of this position;

2.    NSROC review the level of financial commitment for this position on an annual basis.

 

 

 

 

 

 

Councillor Scott Bennison

Councillor

 

 

ATTACHMENTS:

AT‑1 View

Application to Apply for Funding to Employ an Aboriginal Education Worker (AEW)

2 Pages

 

   


Ordinary Council Meeting 7 March 2011

Corporate Services Division Report No. 10

 

 

Reference:    Corporate Services Division Report No. 10

Subject:          Councillor Professional Development Seminars    

Record No:    SU2385 - 7400/11

Author(s):       Peter Brown 

 

 

Executive Summary

 

The Division of Local Government has sent correspondence to Council advising that additional  Councillor Professional Development Seminars will be held in March.  It is recommended that councillors give consideration to attending the additional Councillor Professional Development Seminar to be held at Blacktown Council.

 

Discussion

 

The Division of Local Government has organised a number of seminars across NSW for Councillors to attend as part of their Councillor Development Strategy for all NSW Councillors.  The first series of seminars in this program were held in October and November 2008 after the Local Government Elections in September that year. Eight (8) Lane Cove Councillors attended one of these seminars in October 2008.

 

The Division of Local Government has now organised a second series of seminars.  Councillors Palmer and Forrest attended this seminar on 26 November 2010.

 

Council has recently received correspondence from the Division of Local Government that additional seminars for the second series have been organised. For metropolitan councils there is a seminar being held from 5.30pm – 9pm at Blacktown Council on Tuesday 22 March 2011. While it is not compulsory to attend, the Division of Local Government has asked each General Manager to encourage their Councillors to participate.

 

The content of the seminars will focus on:-

·      Getting the most out of the new financial quarterly reports;

·      Appointment and oversight of General Managers; and

·      Conflicts of interests update – “Avoiding the traps”.

 

 

 

RECOMMENDATION

 

That Councillors give consideration to attending the Councillor Professional Development Seminar being held in Blacktown.

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 7 March 2011

Corporate Services Division Report No. 11

 

 

Reference:    Corporate Services Division Report No. 11

Subject:          2011 Budget, Community Strategic Plan and Delivery Plan    

Record No:    SU3527 - 7603/11

Author(s):       Craig Wrightson 

 

 

Executive Summary

 

The 2011 - 2014 Budget provides for a $4 million increase in Capital Expenditure, which funds improved facilities, the Meeting House Development and Little Street Development and Infrastructure Renewal, inline with Council’s commitment to spend the equivalent of depreciation on infrastructure renewal.

 

This is the first budget prepared in line with the new requirement for a 10 Year Financial Plan, and the Plan shows that even with this significant capital works program, Council is financially sustainable.

 

In addition to the capital works, Council has also had to deal with:-

·      increased utility charges, particularly electricity,

·      lower interest rates resulting in lower returns on income from investments

·     Continuation of additional superannuation costs due to a decline in financial returns, Council will need to contribute an additional $324,000 per annum over the next 8 years for staff who are in the Defined Benefits super fund.

·     Cost shifting from State and Federal government; and

·     Continued rate pegging from the NSW State government over more than 2 decades which has seen revenue lag behind actual costs.

 

Draft Budget for 2011 - 2014

 

Budget Summary

 

The 2011 - 2014 Budget (AT-1) was prepared using Council's normal format and arranged in program areas that reflect Council’s activities. The document contains explanatory notes that describe the activities covered by each of the programs.

 

The 2011 - 2014 Budget (AT-1) has been formulated on the basis of applying the principle of achieving a balanced budget in cash terms without the reliance on debt.  On an AAS 27 Accrual Accounting basis, Council’s budget is in deficit by $ 1,122,882. However, after Grants and Capital contributions a surplus of $3,491 is anticipated. In terms of Cash Flow, the budget has a net impact on cash of $6.9 million, which includes $3.8million for the Meeting House Project , which will ultimately provide a return to Council in the 2012-13, $1.1 million for the Little Street Development and the increases in infrastructure renewal previous outlined. 

 

To achieve this, the 2011 - 2014 Draft Budget was formulated based on materials and contracts being pegged at 2010/11 levels. Any changes beyond this were made in an environment of contestability which required individual Divisional Managers to critically evaluate and justify program expenditures, matching each against their respective funding source thus leading to the containment of costs.

 

Infrastructure Levy

 

Council has resolved to apply under s508(2) of the Local Government Act 1993 for an additional 7.5% (Nett 6%) rate increase to fund Infrastructure Renewal.

 

Council has commenced the consultation process, which is due to conclude on Wednesday 16 March. At this stage a further report on the results of the consultation will be submitted to the Council Meeting on 21 March, 2011, prior to the deadline for the application to be submitted to IPART on 25 March, 2011. IPART must then make a determination by 10 June 2011.

 

As a result Council is required to prepare two Budgets to undertake consultation with the community, one including the Infrastructure Levy and one with out. To facilitate this, a separate budget has been prepared showing the associated changes in revenue and expenditure associated with the Infrastructure Levy (AT-2).

 

Budget Highlights

 

Meeting House - $3,800,000 has been provided to commence construction of the Meeting House development.

 

Lane Cove Plaza - $500,000 has been provided to continue the refurbishment of the Plaza and/or Bandstand.

 

Greenwich Shopping Centre – A further $230,000 has been provided for Stage 2 of the refurbishment of the Greenwich Road Shopping Centre.

 

Lane Cove Aquatic Centre - $2,500,000 has been provided to commence refurbishment of the roof. This has been offset against full recovery in the current legal action in relation to the roof.

 

Blackman Park Levelling - $150,000 for Stage 2 of the levelling of Blackman Park, this will see the levelling of the remaining fields and provision of a new Cricket Wicket.

 

Lane Cove Village Sustainable Lighting Project - $140,000 has been made for the installation of smart poles within the Lane Cove Village to facilitate the installation of energy efficient lighting.

 

Corporate Services

 

Administration 1.1

 

Overall the budget has been struck on the basis of a zero increase where possible.

 

No changes in the staff establishment are proposed, however, Council will need to continue to contribute an additional $324,000 per annum over the next 9 years for staff who are in the Defined Benefits super fund. Superannuation estimates in individual accounts will vary throughout the budget depending on the number of staff in the scheme.

 

The allocation for Facilities Redevelopment Planning has been maintained at a lower level as many of the preliminary investigations required for the initial projects in the Major Projects Plan have been completed. The projects from the Major Projects Plan that are currently underway are funded in the respective programs throughout the budget. They include: Meeting House Redevelopment Program 4.3.6, and Little Street Car Park 8.5.

 

The main focus in 2011-12 will be the implementation of a new major update to the Civica Authority system, Council’s main corporate system and implementation of Desktop Virtualisation, which if implemented will reduce individual computer costs by approximately 50%.

 

$45,000 is provided for Council’s Internal Audit program, which is a shared resource with other NSROC Councils, the program is now at full capacity with two auditors.

 

Organisation Development - Administration (Program 3.1)

 

Council has for the past 4-5 years experienced exceptionally low loss ratios for Workers Compensation, resulting in low premiums, which are essentially claims cost driven. During 2009/10 Councils claims experience increased significantly, resulting in significant premium increases across the Council Workers Compensation estimates in the budget. Claims in 2010/11 returned to normal, however, as the calculation of premium includes a three year trail, premiums remain relatively high.

 

Metropool Council’s Public Liability Insurer, has expanded the range of insurance produces it provides, Councillors and Officers, Fidelity Guarantee, Statutory Liability, Personal Accident and Casual Hirers insurance are all now included with the Public Liability Premium. Council in recent years has enjoyed low premiums due to its good claims history. However, in relative terms, the other member Councils have improved their claims performance, given premiums include a weighting of 50% based on actual claims made and costs of the pool are relatively fixed, this has resulted in Councils premium increasing.

 

Council’s property insurance premium has increased from $150,000 to $178,000. This increase is not considered significant given the inclusion of the $50 million Lane Cove Market Square Development, now by far Council’s most valuable asset and recent catastrophes throughout the world which impact on the insurance market. Council insures property through the UIP property pool, and premiums include a weighting of 50% based on actual claims made.

 

An amount of $30,000 has been included to complete the 10-15 year Community Strategic Plan as required by Department of Local Government. Corporate Relations also provides for staff name badges, uniforms, and the annual community satisfaction survey.

 

Environmental Services

 

Overall the Environmental Services Division is seeking to consolidate existing programme initiatives for the 20010/11 budget year.

 

Strategic Planning (Programme 2.1)

 

The Section 94 Plan Review is to be undertaken as a focus for 2011/12, to accord with the significant residential and commercial growth expected in the new LEP. A 12-month LEP and DCP editing review are required by the Department of Planning, and a number of ad hoc special projects arise each year.

 

Administration (Programme 6.1)

 

While there may be a slight decrease in development control activity there will be an administration allocation required for the fire control function coming on line this year.

 

Development Control (Programme 6.2)

 

Council continues to resolve difficult DAs and minimize legal expenses. The NSW Housing Code obligations will also be monitored and addressed during this period.

 

The program for development of a register for fire risk nominated buildings will see the appointment of an additional staff member. Council will include Council buildings in the fire safety review.

 

 

Environmental Health (Programme 6.3.1)

 

Council continues to undertake inspections for food shops on a risk based approach.


Regulatory Services (Programme 6.4)

 

Council will focus on the efficient and safe movement of vehicles in the Lane Cove CBD and maintain its focus on minimising graffiti and vandalism.

 

The Sustainability Advisory Committee have reviewed the projects to be funded under the Sustainability Levy. Management of Sustainability Levy projects will continue to be a key focus, with the LED Street Lighting to be installed in the Rosenthal Avenue Car Park to be extended to Longueville Road.

 

Household Garbage (Programme 9.2)

 

Tipping increases reflect increases to the NSW Government s.88 Levy imposed on waste placed in landfill. Council will continue to implement it’s waste strategy which seeks to increase diversion rates above 50%.

 

Human Services

 

Major projects that will undertaken in the next twelve months include the planning and delivery of community facilities in The Meeting House; the opening of the Art Gallery space at the top of the Community Centre and working with Centrehouse on planning for the most effective use of the community space in the Little Lane Development.

 

The remedial work at the Aquatic Centre will be undertaken and liaison will be required with the public and the lessee of the Aquatic Centre to ensure that there is minimal interruption to the public use of the space. The Lane Cove Swim Club is keen to celebrate 50 years of the Olympic Pool.

 

Funds have been made available to continue to implement the Social; Cultural and Disability Discrimination Action Plans. The majority of the Cultural Plan Implementation funds will be spent on the running of the Art Gallery space for the initial year as costs and potential are more fully assessed.

 

The updated Social Plan was adopted by Council in 2010, funds have been allocated to begin implementing actions from the Plan.

 

Programs across the Division have been assessed against the Plans listed above and the Sustainability Plan.

 

It is envisaged that Lane Cove ALIVE will also have an impact on the Division, in particular in the Cultural area.

 

Kindy Cove Child Care Centre  (Program 4.3.2)

 

Kindy Cove Child Care Centre is run as a business unit of Council. The budget is developed in close cooperation with the Management Advisory Committee. The Committee does not meet in January and as such has had insufficient time to consider the scenarios as to fee increases presented. The budget and fees and charges has not yet been adopted by the Management Advisory Committee and will come to Council as a separate document.

 

Community Services  (Programs 4.3.1, 4.3.3, 4.3.4, 4.3.5, and 5.5)

 

These programs include provision for services to youth, the aged and disabled, cultural services and community groups generally.

 

The Youth Services Program continues to provide high quality services to our residents including initiatives such as Club 116 (for 11 to 16 year olds) and with the Youth Centre operating as a five day a week service from Tuesday to Saturday. Shorefest will continue in 2011/12 and funds have been included in the budget to cover this event.

 

Funds have been included in the budget to continue a growing range of seniors programmes such as Seniors Week; Seniors Concerts, regular seminars an enhanced and enlarged HEART programme (Healthy Eating and Recreation Time for Seniors); the BOOMers program; write to wellness and cooking for men.

 

A small increase has been allocated to a range of cultural activities in line with the spirit of the Cultural Plan.  All of our current festivals and events – Cameraygal; Autumn Harmony Festival and Sunset in the Village have been increasing in the range and number of events that Council and community organisations run in line with the festival dates. Organisations and Council are especially finding the printed programmes and the publicity for the events – very beneficial in promoting their activities. Cameraygal celebrates its 20th birthday this year.

 

Library and Information Services (Program 5.1)

 

The Library expenditure on materials has predominantly been maintained at 2007/8 levels, while operating expenses have risen in line with the increase in size of the new library. Small increases have been also been made in the resources votes.

 

The main increases have been in the Stationary vote; the cleaning and the electricity. All of these are an indication of both the increase in the size of the building and in its usage.

 

The Library usage has increased by more than 20% in loans. In addition to loans, attendance at childrens activities has increased as has attendance at all events that are held in the Library. The Library has also added a number of new programmes, including Movies @Lane Cove; and the author talk program. The use of the Meeting and Training rooms is heavy, by Council and by community groups.

 

One of the most dramatic changes between the old building and the new building is the use that the public make of the space as a lounge room; a meeting and connecting space and as a study space for children and adults.

 

Facilities (Programs 4, 5 and 9)

 

Activities of this Branch are shown in programs where Council facilities appear.

 

The Facilities Branch works closely with the Environmental Services Division in the implementing actions arising out of the Sustainability Levy.

 

In 2010/11 funds have been allocated for repair work to tiles at Carisbrook House Museum.

 

Funds have also been included to cover structural repair costs associated with the indoor pool complex. The new tender arrangements at the Aquatic Centre will be in place as of July 1 and will be need to be monitored throughout the start-up period.

 

Funds have been allocated from the Sustainability Levy towards phase 2 of the lighting project at the Civic Centre – including the addition of a Dali (digitally addressable lighting interface) lighting system.

 

The other works include the repair of seawalls at Greenwich Baths; installation of emergency lighting at the Seniors Centre and further replacement of air-conditioning units at the Community Centre.

 

Energy Australia have advised that the price of electricity will increase significantly over the period of this budget, these are not covered by the tender for large facilities Council entered into with Momentum Energy. All electricity accounts for our facilities have been assessed with this in mind. Increases in the budget reflect envisaged usage at the new rates.

 

Open Space and Urban Services

 

Open Space  (Programs 5.7.1 – 5.7.6)

 

During 2011 – 2012 a number of capital improvements are planned for Council’s Open Space areas – including parks, sporting grounds and water recreation.

 

Funding has been included to begin implementation of Council’s Signage Strategy. Funding has also been included to upgrade Goodlet Reserve, adjacent to the Meeting House Redevelopment.

 

Further funding has been allocated towards the upgrading and replacement of Council’s playground equipment to ensure compliance with the relevant Australian Standards. This is an on-going program that will link with the Council’s Playground Strategy and help cater for the additional needs of a growing population.

 

Funding has been allocated towards upgrading of the fence and Entry Arbour on Duntroon Avenue, and for a shade structure over the playground in Newlands Park.

 

The boat lockers at Northwood will have necessary cladding and roof repair work undertaken.

 

Increased funding has been allocated to further develop the Strategic Review of the Golf Course Precinct and 266 Longueville Road.

 

Additional funding has been allocated to Blackman Park to level Fields 3 and 4, following on from the levelling of fields 1 and 2 this year.

 

Funding has also been included as Council’s contribution towards providing further upgrade to Pottery Green and funds are also provided to upgrade the safety screen.

 

The safety screen and cricket nets at Kingsford Smith Oval are also requiring repair and upgrade work.

 

Within the Bushland budget, funds have been allocated for the Volunteer Bushcare program as well as for the regular Bushland Management Program. The Bushland Program also has a number of continuing works that are funded by Grant allocations.

 

Engineering and Support Services (Program 8.1)

 

A strategic traffic and transport study is urgently occurred to take account of the proposed development activity around the Lane Cove Town Centre, St Leonards Commercial Precinct, Mowbray Road Residential Precinct and Burns Bay Residential Precinct.

 

Engineering software licensing for three (3) years will be paid, and this will reduce the following two (2) years significantly.

 

Depot modifications will include an upgrade of the security fencing along the northern and western sides of the site, following a spate of break ins at other council depots.

 

Roads (Program 8.2)

 

The Roads program includes almost a 100% increase in capital works, with an additional $856,000 for Pavement Rehabilitation. This is inline with Council’s Asset Management strategy and commitment to increase asset renewal rates to the equivalent of depreciation.

 

The Federal Roads to Recovery Program has been extended by the Federal Government and will also be utilised for improvements to improve the condition of substandard roads identified in Council’s Asset Management System.

 

Income from sale of plant is expected to remain consistent with last year with a nett increase in income from sale of redundant plant.

 

Council has requested an increased grant of $210,000 for the RTA Rehabilitation of Regional Roads Program and $22,000 for the 3x3 Program to be spent on Regional Roads. An amount of $55,000 has also been provided for regular maintenance on Regional Roads.

 

Ancillary Works (Program 8.3)

 

Income from reinstatements/restorations has been maintained to reflect an expected continuance of a similar amount of work by the Council works staff.

 

Funding for street lighting expenditure has been based on the latest AER indication that Energy Australia could increase their infrastructure and service charges in this coming financial year. However, significant savings have been attained through Council’s new energy agreement with Momentum Energy.

 

Funds have been allocated to construct the roundabout at Austin Street and Austin Crescent in permanent materials.

 

It is proposed to upgrade the lighting at the pedestrian facility on Birdwood Avenue at Longueville Road.

 

Council’s bicycle funding has been increased to allow increased implementation of Council’s Bicycle Plan.

 

Allowance is made for the construction of a retaining wall in William Edward Street.

 

Work will be undertaken on the public domain in areas such as the Lane Cove Town Centre, St Leonards Commercial Precinct, Mowbray Road Residential Precinct, and Burns Bay Road Residential Precinct.

 

The Greenwich Road Shops are programmed for Stage 2 renewal of the street furniture and footpath pavement in accordance with Council’s Neighbourhood Shopping Precinct Plan.

 

Footpaths (Program 8.4)

 

Funding has been maintained in an endeavour to maintain the general footpath condition. Provision has been made for continuing upgrade works including the provision of pram ramps at numerous key locations. Asset renewal in the footpaths program also matches Council’s commitment to increase asset renewal rates to the equivalent of depreciation.

 


Parking Areas (Program 8.5)

 

The transfer of responsibility for enforcement of parking to local government is assisting more effective management of the available parking stock and providing additional revenues. The installation of parking meters to St Leonards has resulted in improved management of the parking supply and has also provided additional revenues. The Birdwood Avenue Car Park and Market Square also provide additional revenues which assist in offsetting their operational costs to Council.

 

Funding for Parking Meter maintenance has been increased slightly due to higher operating costs.

 

Funding has been provided to extend the parking monitoring and guidance system to include Coles and Sera Street Car parks.

 

Bus Shelters (Program 8.6)

 

This program is funded under a contractual arrangement with Adshel.

 

Water Transport (Program 8.7)

 

Cleaning maintenance will be carried out as part of an ongoing agreement with Maritime NSW, who have taken over responsibility for general maintenance and upgrades/major repairs to the ferry wharves within the Lane Cove LGA (and other Council areas adjoining the harbour).

 

Street Sweeping (Program 9.3)

 

There has been a reduction in the expenditure for mechanical sweeping in line with the new tender adopted in late 2010.

 

Funding has been maintained for hand sweeping to maintain Council’s current level of service

 

Other Garbage Expenses (Program 9.4)

 

The contract for servicing of litter bins has been included with the contract for domestic waste collection. The allocation makes allowance for increased tipping fees.

 

Urban Stormwater (Program 9.5)

 

Funding for maintenance of stormwater has been increased to allow additional work to be undertaken and maintain Council’s system at an acceptable level of service. A program of pit upgrading is expected to reduce the frequency of blockages and this program will continue into the future as required.

 

The continuation of the Stormwater Levy will allow Council to fund further capital works to replace and upgrade the system as required. Asset renewal in the stormwater program also matches Council’s commitment to increase asset renewal rates to the equivalent of depreciation.

 

Other Community Facilities (Program 9.7)

 

Provision has been maintained for two staff in the Plaza. Funding has also been provided for upgrading works as recommended in the Lane Cove Alive program.

 


Sustainability Levy

 

This year Council continues to fast track Sustainability initiatives utilising the 6% Sustainability Levy. Projects this year to be managed by Open Space and Urban Services can be split into two categories new and continuing. The new projects include:-

 

·     Walking Track Upgrade – Batten Reserve

·     Signage Strategy Implementation – Bushland

·     Backyard Wildlife Program

·     Greenhouse Gas Reduction Program – Civic Centre Lighting

·     Greenhouse Gas Reduction Program – LED Street Lighting

·     Transport Strategic Plan

·     Car Share Parking Contribution

·     Sustainability Upgrades – Community Facilities

·     Green Roof Research Project

 

 

Budget Revenues

 

Rates Levy

 

The Minister for Local Government has announced the general rate peg increase as 2.8% for 2011/12.

 

General Purpose (Ordinary) Rates

 

It is proposed to levy two (2) Ordinary Rates in 2011-2012 in accordance with S.492 and S.497(a) of the Local Government Act. The figures in brackets apply if an Infrastructure Levy is implemented.

 

i.   An Ordinary Residential Rate of 0.160198 (0.171898) cents in the dollar, on the Land Value of all Rateable Land categorised as Residential in accordance with S.516 of the Local Government Act, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $468 ($502), to yield $13,085,535 ($14,040,218).

 

ii. An Ordinary Business Rate of 0.698311 (0.749227) cents in the dollar, on the Land Value of all Rateable Land categorised as Business in accordance with S.516 of the Local Government Act, with a Minimum Rate of $696 ($747), to yield $4,811,907 ($5,162,969).

 

Car Parking Special Rate

 

It is proposed to levy a Car Parking Special Rate on Business premises in Lane Cove (as per metes and bounds description as advertised in the North Shore Times on 13 June 1979), of 0.174306 cents in dollar with a minimum rate of $2 per assessment, to raise $140,202.

 

The Car Parking Special Rate is not subject to the Special Rates Variation being sought, i.e. the Infrastructure Levy.

 


Stormwater Management Charge

 

It is proposed to levy a Stormwater Management Service Charge of $25.00 per Business Rated and Residential Non Strata Rated properties and $12.50 per Residential Strata rated properties to raise an estimated $276,000. Council will discontinue this charge if the Infrastructure Levy is implemented.

 

Domestic Waste Management (DWM) Charges

 

Domestic Waste Management Services are rendered by Council to all residential properties (including flats and strata’s) in the Lane Cove Municipality. DWM does not include waste services rendered to business rated properties. As provided for in the Local Government Act the “reasonable” cost of DWM is fully recoverable and is reflected in the recommended charge for Domestic Waste Management in the Management Plan.

 

The 2011 - 2014 Draft Budget provides for the levying of a Domestic Waste Management Charge (under S.496 of the Act) of $363.90 for each 80 litre MGB and recycling service on all rateable and non-rateable residential properties. Additional DWM services to Owner Occupied Single Residential Dwellings is available at $5.31 per week. Charges for DWM services rendered to residential units above business premises, or extra DWM services rendered to other premises, are set out in the Schedule of Fees and Charges for 2011/2012.

 

Interest Charges

 

Interest is to be charged on overdue Rates and DWM Charges in accordance with S.566(3) of the Act. The maximum rate of interest payable has not yet been announced by the Minister for 2011/2012.

 

Valuation Base

 

Rates for 2011/2012 will be levied on the 1 July 2010 Base Date Valuations as recently issued by the Valuer General.

 

Fees and Charges

 

Based on the Reserve Bank of Australia inflation is forecast at 2.9% This has been used as a reference for any recommended increases in the Schedule of Fees and Charges.

 

A major change is proposed for the structure of the golf members’ block booking fees. These have been changed to be brought in line with all other golf clubs in the northern region. Other golf clubs levy their members an annual fee plus a green fee per round. The current fee structure for golf members results in some rounds costing less than $1. Based on current membership and rounds played, the increased fees should ensure that there is improved equilibrium between Council’s costs to operate the golf course, and the income from the golf members and social golfers. This will result in less cross subsidisation from the rest of the community for this facility, which at present is over $300,000 pa. The new fee structure should still result in members who play weekly obtaining at least a 30% discount compared to social golfers.

 

S.611 Charges – Infrastructure Charges

 

Council is proposing to levy under S611 of the Local Government Act, on persons for the time being in possession, occupation or enjoyment of a rail, pipe, wire, pole, cable, tunnel or structure laid, erected, suspended, constructed or placed on, under or over a public place. The charges are based on the nature and extent of the benefit enjoyed by the person concerned. Council will levy a charge on AGL in respect of gas pipes occupying Council land.

 

Loan Borrowing

 

It is not proposed to raise any new loans. There are no renewal loans requiring refinancing during this period.

 

Salaries and Wages

 

Salaries and Wages include provision for staff progression through Council's revised Salary System. All other provisions are as per the Local Government (State) Award.

 

Depreciation Charges

 

In accordance with the requirements of Australian Accounting Standard AAS27, the Draft Budget incorporates Depreciation of fixed assets. Depreciation represents the consumption of these  assets over their useful life, amounts are provided each year to reflect this consumption and do not involve the movement of cash.

 

Draft Community Strategic Plan, Delivery Program, Operational Plan and Resourcing Strategies

 

All NSW Councils are required by 2012 to develop an integrated planning framework. This new framework replaces the current Management Plan with a Community Strategic Plan, Delivery Program, Operational Plan and Resourcing Strategy. Council has decided to implement this new framework from 1 July 2011.

 

The Draft Community Strategic Plan, Lane Cove 2025 sets the strategic direction for the future, with the Delivery Program containing the actions to achieve this and the Resourcing Strategy outlining the finance, assets and workforce required. Council’s Issue Plans such as the Social Plan, Sustainability Action Plan and Recreational Plan to name a few, have been be used to develop the strategic direction of Lane Cove 2025.

 

In order to develop this new framework, Council undertook the most extensive consultation process it has ever conducted during 2009-2010 to determine the Community’s vision for the future of Lane Cove. Consultations were in the form of videos, surveys, public and website Exhibitions, roadshows to committees and community groups, forum with local businesses, forum with community leaders, stalls at the Village Fair and Local Government Week, Primary and High School Competitions, telephone Interviews, e-newsletters, focus groups, online discussion forums and internal workshops.

 

In the first stage of consultation over 2,200 individual responses were received which equated to more than 10% of households in Lane Cove participated.

 

The responses from these consultations have been used to develop the goals, objectives and strategies of Lane Cove 2025, which is shown attached as AT-3. Every response that Council received has been incorporated into a separate document called “Consultation Comments for the CSP” shown attached as AT-4. This document shows which strategy in the Plan addresses the issue raised.

 

A range of the actions the community suggested together with actions from Council’s existing Issue Plans have been included for consideration by Council in the Draft Delivery Program and Operational Plan 2011-2013 shown attached as AT-5.

 

The Resourcing Strategy is made up of a 10 Year Financial Plan (shown attached as AT-6), Workforce Plan (shown attached as AT-7) and Infrastructure Asset Management Plan and 5 Year Works Plan (shown attached as AT-8 and AT-9). These strategies outline the resources needed to achieve the strategies and actions outlined in the Draft Community Strategic Plan, Lane Cove 2025 and Delivery Program and Operational Plan.  At this stage the Asset Management Plan and Works Program for Community Faciltieis has not been completed, it will be the subject of a separate report. 

 

Community Consultation

 

It is a statutory requirement that the Draft Budget, Draft Community Strategic Plan, Lane Cove 2025 and Draft Delivery Program and Operational Plan 2011-2013, be placed on public exhibition for a period of not less than twenty eight (28) days. Following this, Council must consider any public comments submitted before the Plan can be adopted.

 

It is proposed to exhibit these documents together with the Infrastructure Asset Management 5 Year Works Plan for 6 weeks from 11 March, 2011. A report will be prepared for Council on 2 May 2011 advising of the results of the community consultation and recommending final adoption. Until the Delivery Program is adopted, Council is unable to levy rates and charges for the fiscal year for which the plan is prepared.

 

Consultation Statement of Intent

 

The consultation is designed to provide the community with the opportunity to comment on the proposed initiatives and actions for the next two years, with particular emphasis on 2011 - 2012.

 

The methods of consultation proposed are outlined below. The proposed exhibition will be at both the Civic Centre and the Library.

 

Level of Participation

Inform

Consult

Form of Participation

Open

Open / Random

Target Audience

Whole Community

Whole Community

Proposed Medium

Exhibition/ Website/Press Release/ Advertising/ enewsletter

Survey

Indicative Timing

March - April

March - April

 

 

RECOMMENDATION

That:-

1.        Council adopt for the purpose of public exhibition, the Draft Budget 2011-14 (with an Infrastructure Levy and Without), Draft Fees and Charges 2011-12, Draft Community Strategic Plan, Lane Cove 2025, Draft Delivery Program and Operational Plan 2011-2013 and Infrastructure Asset Management 5 Year Works Plan;

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

3.        Council adopt the 10 Year Financial Plan date February 2011, Draft Workforce Plan 2011-2015 and Draft Infrastructure Asset Management Plan dated 24 February, 2011; and

4.        Following public exhibition, the Draft Budget 2011-14 (with an Infrastructure Levy and Without), Draft Fees and Charges 2011-12, Draft Community Strategic Plan, Lane Cove 2025, Draft Delivery Program and Operational Plan 2011-2013 and Infrastructure Asset Management 5 Year Works Plan together with any submissions received, be considered at the Council meeting to be held on 7 May 2011.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Draft Budget 2011 - 2014  

Attachment circulated separately

181 Pages

AT‑2 View

Draft Budget 2011/2014 with Infrastructure Levy

Attachment circulated separately

14 Pages

AT‑3 View

Draft Community Strategic Plan, Lane Cove 2025

Attachment circulated separately

37 Pages

AT‑4 View

Consultation Comments for the CSP

Attachment circulated separately

22 Pages

AT‑5 View

Draft Delivery Program and Operational Plan 2011-13

Attachment circulated separately

83 Pages

AT‑6 View

Lane Cove Council 10 Year Financial Plan - Feb 2011

Attachment circulated separately

26 Pages

AT‑7 View

Draft Workforce Plan 2011 – 2015

Attachment circulated separately

19 Pages

AT‑8 View

Draft Infrastructure Asset Management Plan 2011

Attachment circulated separately

63 Pages

AT‑9 View

Infrastructure Asset Works Program 2011-2016

Attachment circulated separately

33 Pages

 

  


Ordinary Council Meeting 7 March 2011

Open Space and Urban Services Division Report No. 1

 

 

Reference:    Open Space and Urban Services Division Report No. 1

Subject:          Tender for Landscape Construction Works at Lane Cove Plaza     

Record No:    SU391 - 7189/11

Author(s):       Susan  Butler 

 

 

Executive Summary

 

Council called for tenders in accordance with Council’s Tender and Quotation Procedure for the provision of the construction of landscape works in Lane Cove Plaza in autumn 2011.  This report provides details on the tender process conducted and recommends that the tender from Hargraves Landscapes be accepted.

 

Discussion

 

Council at its meeting of 6 December 2010 resolved in part that detailed design and documentation be prepared to proceed to the tender assessment stage for the heritage upgrade of the Lloyd Rees Bandstand and Forecourt.

 

A tender specification was prepared detailing the schedule of work, hours of work, safety requirements and reporting requirements.  The specification outlined that the tender submissions would be assessed based on the following weighted criteria:-

 

Price …50%:-  Based on the Tender Price and schedule of rates provided in the mandatory schedules.

 

The bids were scored based on a pro rata difference in prices submitted, with the lowest price receiving 50 points. 

 

Capability and Capacity …20%:-  Capability & Capacity Assessment refers to the experience of the tenderer and its personnel, including management and supervision, the experience of any sub-contractors to be used, the capability of the tenderer to work within relevant policy frameworks and applicable legislation, and any initiatives for change and improvement. 

 

To achieve the maximum score the tenderer is to have relevant experience, capability to provide the goods and perform the services required, positive reference checks, provide full details of personnel and equipment to carry out the work, management structure of the company and contingency plans to cover downtime and other unforseen circumstances. 

 

Methodology and Timeliness …20%:-  Methodology and timeliness refers to the tailoring of the sequence of activities to ensure the desired project outcomes and the company’s timeliness in being able to complete the project in the specified time.

 

To achieve the maximum score the tenderer is to have provided a proposed timeline with the Project Critical Path and a detailed Bill of Quantities, with detailed rates and quantities provided, along with extra detail on non prescribed items.

 

Sustainability and Environment & Occupational Health & Safety ...10%:-  Sustainability and Environment Assessment refers to the manner in which environmental issues are to be appropriately addressed, including commitment to due diligence and the principles of ecologically sustainable development (ESD) in regard to environmental legislation and documentation outlining past performance in regard to environment protection and enhancement initiatives. Occupational Health and Safety refers to the tenderer’s commitment to and compliance with the Occupational Health & Safety Act 2000 and Occupational Health & Safety Regulation 2001.

 

To achieve the maximum score the tenderer is to provide details of an environmental policy and answer yes to all applicable questions in the Environmental Survey included in the tender specification and to provide details in their submission that they have an OHS Management Plan and work method statements. 

Council advertised the tender in the Sydney Morning Herald on Tuesday 1 February 2011.and the North Shore Times on Wednesday 2 February 2011.  Tenders closed at 2.00 pm on Friday 25 February 2011 and Council received five (5) submissions. 

 

The tender evaluation panel consisted of Council’s Landscape Architects, Manager – Open Space and Executive Manager, Open Space and Urban Services. 

Each tender was assessed based on the above weighted criteria and ranked accordingly:-

 

Company

Price (50%)

Capability & Capacity (20%)

Methodology & Timeliness (20%)

Environmental & OH&S Programs (10%)

 

Total

Hargraves Landscapes

50

18

20

9

97

Glascott Group

46

18

5

10

79

Sam the Paving Man

44

16

5

8

73

Inten Construction

21

14

5

10

50

Olandscapes

31

10

1

7

49

Conclusion

A confidential memorandum has been circulated separately to Councillors detailing the prices submitted by each tenderer and details of the reference checks undertaken of the recommended tenderer.

Having recorded the highest score across all the weighted criteria and positive reference checks were received about the quality and reliability of their work, the Tender Panel recommends:-

1.   The tender for the provision of the construction of landscape works in Lane Cove Plaza in autumn 2011 be awarded to Hargraves Landscapes for an amount of $172,790.31; and

2.   The General Manager be authorised to enter into contract with them

 

 

RECOMMENDATION

 

That Council consider the recommendation from the Tender Panel for the provision of the landscape construction works at Lane Cove Plaza in autumn 2011.

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.