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Agenda

Ordinary Council Meeting

17 October 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

17 October 2011 commencing at 7:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully



Peter Brown

General Manager

 

Council Meeting Procedures

 

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

 

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

 

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

 

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

 

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under 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 17 October 2011

TABLE OF CONTENTS

 

DECLARATIONS OF INTEREST

APOLOGIES

OPENING OF MEETING WITH PRAYER

ACKNOWLEDGMENT TO COUNTRY

NOTICE OF WEBCASTING OF MEETING

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

 public forum

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

CONFIRMATION OF MINUTES

1.      ORDINARY COUNCIL MEETING - 4 OCTOBER 2011

Mayoral Minutes

2.       Mayoral Minute No. 3

SUBJECT: Expert Panel Discussion on Constitutional Recognition of Local Government  

Referred Reports FROM Inspection Committee 15 October 2011

3.       Environmental Services Division Report No. 135

SUBJECT: 9A Gamma Road, Lane Cove

NOTE: Environmental Services Division Report No.236 for 50 Cullen St Lane Cove West

will not be considered as the applicant has withdrawn the development application. 

Orders Of The Day

4.       Order Of The Day No. 20

SUBJECT: Council and Committee Meeting Schedule November 2011

Notices of Motion

5.       Notice of Motion No. 19

SUBJECT: National Broadband Network (NBN)

Corporate Services Division Reports

6.       Corporate Services Division Report No. 41

SUBJECT: Consideration of Ward Boundaries and Councillor Numbers

Open Space and Urban Services Division Reports

7.       Open Space and Urban Services Division Report No. 31

SUBJECT: St Leonards "Civic Square" Concept

8.       Open Space and Urban Services Division Report No. 32

SUBJECT: Proposed Cameraygal Park

9.       Open Space and Urban Services Division Report No. 33

SUBJECT: Lane Cove Traffic Committee Meeting held Tuesday 20 September 2011  

 


Ordinary Council Meeting 17 October 2011

Mayoral Minute No. 3

 

 

Reference:     Mayoral Minute No. 3

Subject:          Expert Panel Discussion on Constitutional Recognition of Local Government     

Record No:    SU1663 - 42767/11

Author(s):      Councillor Win  Gaffney 

 

 

Executive Summary

On 30 September 2011 I attended an Expert Panel Discussion on Constitutional Recognition of Local Government at Charles Sturt University in Dubbo. Discussion focused on the how and why of amending the Constitution to include Local Government and there was unanimous support for the proposal to amend Section 96 of the Constitution. The Expert Panel has undertaken to produce a document before the end of the year which can be used by all Councils to educate their communities on the issue of Constitutional Recognition of Local Government.

Discussion

Along with a number of other Mayors from around NSW I attended a public discussion convened by the Expert Panel for the Constitutional Recognition of Local Government, in Dubbo on Friday 30 September 2011. The Panel was chaired by The Hon. James Spigelman AC QC and included Mr Greg McLean OAM and Mr Tony Windsor MP.

Participants were encouraged to read the discussion paper prepared by the Expert Panel, attached at AT-1, which canvasses four options for constitutional change to recognise local government. There was unanimous support for a proposal to alter Section 96 of the Constitution to include Local Government. The Expert Panel will now work on preparing a document which can be used by Councils in order to educate their communities about the importance of Constitutional Recognition of Local Government, and the benefits in terms of Federal Government funding for Local Government. It is anticipated that this document will be available by the end of this year, and that it could be circulated to the community through Progress and Community Associations.

The Expert Panel has invited submissions on this discussion paper by 4 November 2011. The ALGA will be working with state and territory local government associations to make a comprehensive submission on this process. An outline of the ALGA’s submission is attached at AT-2

 

RECOMMENDATION

That Council register their support for Constitutional change by endorsing the ALGA’s submission to the Expert Panel on Constitutional Recognition of Local Government. 

 

 

 

 

 

 

Councillor Win  Gaffney

Councillor - West Ward

 

 

ATTACHMENTS:

AT‑1 View

Discussion Paper - Expert Panel on Constitutional Recognition of Local Government

20 Pages

 

AT‑2 View

Outline of ALGA's submission to Expert Panel on  Constitutional Recognition of Local Government

2 Pages

 

 

      


Ordinary Council Meeting 17 October 2011

Environmental Services Division Report No. 135

 

 

Reference:     Environmental Services Division Report No. 135

Subject:          9A Gamma Road, Lane Cove

Inspection Committee after considering this matter referred this Report to the Ordinary Council Meeting to be held on the 17 October 2011.   

Record No:    DA11/70-01 - 21940/11

Author(s):      Stan Raymont 

 

 

Property:                                 9A Gamma Road, Lane Cove

DA No:                                                DA70/11

Date Lodged:                          Original plans 29 April 2011

                                                Amended plans 11 July 2011

Cost of Work:                          $350,000

Owner:                                                G.E. & R.A. Walker

Applicant:                                Tullipan Homes Pty Ltd

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Construction of a part one, part two storey dwelling house.

ZONE

R2 (low density residential)

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes

IS THE PROPERTY A HERITAGE ITEM?

No

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

IS THE PROPERTY ADJACENT TO BUSHLAND?

No

BCA CLASSIFICATION

Class 1a

STOP THE CLOCK USED

Yes, from 7 June 2011 to 11 July 2011

NOTIFICATION                                                                    

Notified of original and amended proposal                    

                                               

                                               

Neighbours                              5, 7, 9, 11 Gamma Road ; 6, 8, 10 Alpha Road; 5, 5A, 7, 9, 11, 13 Beta Road and 1, 2 Delta Road

Ward Councillors                    East Ward and The Mayor

Progress Association              Osborne Park Residents Association Inc.

REASON FOR REFERRAL

The application has been called to Council by Councillor Brooks–Horn due to neighbour concerns about impact of the development.

EXECUTIVE SUMMARY

·     The site was created by the subdivision of 9 Gamma and 10 Alpha Roads.

·     The subdivision was approved by the Land and Environment Court on 13 September 2007 subject to a number of conditions which mostly concerned the retention of two large Sydney Blue Gum trees.

·     The original proposal did not comply with:-

The Land and Environment Court’s conditions for the retention of the trees;

DCP 2009 regarding setbacks from side and rear boundaries;

Amount of cut; and

Impact on the amenity of the adjoining premises.

·     Four submissions were received objecting to the proposal.  Reasons for objection included:-

Non-compliance with Court’s conditions;

Removal of a large gum tree required by Court to be retained;

Loss of privacy and overlooking;

Loss of amenity; and

Side setbacks did not comply.

·     The applicant submitted amended plans on 17 July 2011.  The amended proposal is to construct a part one, part two storey four bedroom brick veneer dwelling house on the site.  The two large trees are shown to remain and the dwelling house has been moved down the site to be 6m from the trees.  The setbacks to the side boundaries comply.  The overall height has been reduced by 785mm to 8.8m.

·     Three submissions have been received in respect of the amended proposal.  Reasons for objection include:-

Non-compliance with Court’s conditions regarding the retention of trees;

Design and location of dwelling house and loss of amenity and privacy; and

Solar access.

·     Subject to a draft condition requiring highlights in the first floor level of the western elevation and a reduction in the deck length the amended proposal is recommended for approval.

SITE

The subject site is a battleaxe allotment located on the northern side of Gamma Road at the rear of 9 Gamma Road.  The land rises from the street and has a retaining wall across and 9m from the rear boundary.  There is a right-of-carriageway over the battleaxe handle in favour of 9 Gamma Road.  The land is vacant and has two large trees towards the rear on the eastern side.  Copies of the Site Plan and Notification Plan are attached as AT-1 and AT-2.

PROPOSAL

The amended proposal is to construct a part one, part two storey, four bedroom brick veneer dwelling house.  There is a double garage proposed at the front and a 3m wide deck at first floor level with a 1.8m high proposed privacy screen at the southern end.  The roof is of a skillion design with a maximum 15o pitch and the roof is pitched with selected colourbond decking.

The two large trees at the rear of the site are shown to remain and the dwelling house has been moved down the site to be 6m from the trees with the exception of a small set of stairs which has a point intrusion into the 6m area.  The dwelling house is shown to be set back 1.5m from the southern and western boundaries, a minimum of 2.6m from the eastern boundary and a minimum of 6m from the rear boundary.

The overall height has been reduced by 785mm to 8.8m, which is less than the 9.5 maximum.

PREVIOUS APPROVALS/HISTORY

Council at its meeting of the 4 September 2006 refused consent to subdivide two lots into three lots at 9 Gamma Road and 10 Alpha Road.

A Section 82A review was submitted and Council at its meeting of the 6 August 2007 resolved to reaffirm the original refusal.

The applicants appealed to the Land and Environment Court and the Appeal was upheld, subject to conditions (copy attached).

Development Application 70/11 was submitted on the 29 April 2011 to construct a part one, part two storey four bedroom house.  There was an attached double garage at the front on the eastern side with a 2.9m wide verandah over.  One of the two large trees was shown to be removed and a future pool to separate DA was shown in the location of the other large tree.

The applicant was advised on the 7 June 2011 that the plans were unsatisfactory and amended plans were submitted on the 11 July 2011.

PROPOSAL DATA/POLICY COMPLIANCE

LEP 2009

Zoning:           R2                   Site area:        550m2 (excluding access)

 

Proposed

Control

Complies?

Floor Space Ratio

0.5:1

0.5:1

yes

Height of Buildings

8.8m

9.5m

yes

Comprehensive DCP

 

Proposed

Control

Complies?

Front setback (min)

> 30m (battleaxe lot)

Consistent with area or 7.5m

yes

Side setback (min)

1500mm

1200mm/1500mm

yes

Rear setback (min)

6m

<1000m2: 8m

no

Wall Height (max)

6.7m

7.0m

yes

Subfloor height (max)

2.35m

1.5m

no

Number of Storeys (max)

2

2

yes

Landscaped area (min)

38%

35%

yes

Solar Access

3 hrs to north facing windows

3 hrs to north facing windows

yes

Deck/Balcony depth (max)

2.95m

3m

yes

Private open space

> 24m2

> 4m minimum depth

24m2 (min)

4m minimum depth

yes

Cut and fill

1.76m

1m (max)

no

Car Parking

 

Proposed

Control

Complies?

Off-street spaces (min)

2

1

yes

REFERRALS

Development Engineer

The comments of the Development Engineer were requested on the amended proposal and draft conditions of consent were provided and have been included in the recommendation in this report (see draft conditions 30-48).

Tree Assessment Officer

The comments of the Tree Assessment Officer were requested on the amended proposal and he has advised that the two Sydney Blue Gum trees must be retained.

            To ensure the protection of the two Sydney Blue gums, the trees must be encompassed by a tree protection zone of not less than 6m radial distance from the trunk of each of the two trees.

The Plans show a minor incursion into the 6m tree protection zone. The result of this minor incursion into the western quadrant of the tree protection zone would have a negligible impact on the two trees.”

Draft conditions of consent have been provided and are included in the recommendation in this report (see draft conditions 25-29).

Lane Cove LOCAL Environmental Plan 2009 (Section 79c(1)(a))

The proposal is permissible within the R2 (low density residential) zoning under the Lane Cove LEP 2009 with Council’s consent.

Other Planning Instruments

SEPP No.55 – Contaminated Land – Clause 7 of the SEPP requires Council to consider whether the land is contaminated.  Notwithstanding the fact that site investigations have not been carried out, the current and previous use of the site and adjoining sites for residential uses would substantially reduce the possibilities of contamination.  Accordingly, there is considered to be no contamination issue given the circumstances of the case.

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

The preceding policy assessment table identifies those controls that the proposal does not comply with. Each of the departures is discussed below.

1.    Rear Setback – Council’s DCP 2009 specifies a minimum rear setback for dwelling houses of 8m or 25% of the site depth (whichever is greater) is to be provided for sites up to 1000m2.  The existing predominant rear setback and site constraints, especially for irregular sites, may be taken into account.

The walls of the rear single storey section of the dwelling house on the western side are shown to be set back 6m from the rear boundary.

In support of the rear setback, the applicant suggests:-

 “Setback of 8.0m is required by DCP.  The proposal provides for a setback of 6.0m.  This elevation is single storey only and provides for only a bedroom and ensuite and as such does not result in a loss of privacy to the adjoining properties.

Further the setback provided is sufficient to enable landscaping, an appropriate area of private open space and the setback ensures appropriate visual separation.

The setback also ensures the retention of Trees 6 and 7 as per conditions imposed on the previous consent.”

The objective of rear setbacks is to provide building separation, sunlight, landscaping, ventilation for the dwelling house and its neighbours.

The setback of the single storey section of the dwelling house 6m from the rear boundary in lieu of 8m is brought about by the need to retain the two large trees and to keep at least 6m from their trunks thus allowing a large landscaped area in the northeast corner of the site.  The 6m wide area at the rear of the proposed dwelling house would also be landscaped except for a small concrete path.

The neighbour to the rear does not object to the proposed rear setback.  However, there is an objection to the proposed setback from the owners of 9 Beta Road located on the western side of the site.

The setback of the single storey section from the rear boundary is considered satisfactory having regard to the constraints on this site.

2.    Subfloor Height – Council’s DCP 2009 indicates that the maximum height to the underside of a basement floor or undercroft areas or subfloor above ground level (existing) is to be no greater than 1.5m. 

This site has a retaining wall and a raised section of land at the rear.  The proposed dwelling house is single storey at the rear on the western side and where the dwelling house changes from two storeys to single storey there is an undercroft area which varies from a minimum of 300mm to a maximum of 2.35m.  This is due to the change in the levels and the proposed dwelling is only a maximum of two storeys at any point.  The undercroft area as proposed is considered to be satisfactory.

3.    Cut – Council’s DCP 2009 specifies that:-

·   Development is limited to a maximum depth of excavation or fill of 1m at any point on the site.

A maximum cut of 1.76m is shown on the eastern side of the dwelling house where part of the rear of the ground floor level is being set into the site.

The maximum cut as proposed allows the rear of the ground floor level of the dwelling house to be set into the site and reduces its impact on the adjoining sites.  The cut as proposed is considered satisfactory.

Court Conditions

This subdivision was approved by the Land and Environment Court on the 13 September 2007 subject to a number of conditions.

The conditions included:-

9.       No excavation or trenches are to be undertaken within six (6) metres of any tree trunk for any future developments.

Comment

The amended plans show the proposed dwelling house to be set back at least 6m from the two trees which are shown to be retained with the exception of a small point intrusion of part of a small stair into the 6m zone.   The Tree Assessment has considered this matter and advised that the intrusion would have a negligible impact on the two trees.

10.         To ensure that there are minimal impacts on the two existing Sydney Blue Gum trees located on the upper level of proposed Lot 2, the following measures are required to be fulfilled prior to any development occurring on Lot 2, namely:

       i)     That the existing retaining wall which bisects the proposed Lot 2 is to be retained and no excavation or disturbance of soil levels are to occur on the upper level other than opening in the retaining wall to enable steps to the upper level; and the demolition of the swimming pool.  (The swimming pool has been filled in).

       ii)    That the existing soil levels in the northwest corner of the lower level adjacent to the retaining wall not be changed or disturbed through excavation for a radius of six (6) metres measured from the outside of the trunk of the Sydney Blue Gum tree identified as tree 6 on the Plan of survey prepared by Robert Moore & Associates Pty Limited dated 31 August 2005.

Comment

In support of the dwelling location as now proposed it is stated by Nolan Planning Consultants on behalf of the applicant as follows:

        “Consent (DA322/05) which was issued by the Land & Environment Court required the retention of Tree 6 and 7 and that there was to be no excavation to the upper level of the retaining wall that dissects the site.

        In this regard, whilst it was considered that Tree 6 (identified as Tree 2 in the Arborist Report submitted with the current application) was identified as being hazardous and should be removed regardless of any application, the proposal has been amended to ensure the health and retention of both Trees 6 and 7.

        Whilst the Consent at Condition 10(i) provided that no excavation was to occur to the north of the existing retaining wall subsequent evidence from the Arborist has indicated that the proposed excavation beyond the retaining wall will not have any detrimental impact on the health of Trees 6 and 7.  The Tree Assessment & Management Report has been submitted under separate cover.

        It is noted that Council has the authority to vary conditions of consent imposed by the Land & Environment Court and that subsequent Development Applications can amend such conditions.

        Given that the proposed development can be constructed without detrimental impact on the Trees 6 and 7 it is considered that the proposal has achieved the intent of the Conditions previously imposed by the Court.”

A single storey section of the proposed dwelling house on the western side is shown to be constructed 3.5m to the north of the retaining wall, as is a small timber deck and stairs.  The only protrusion into the 6m zone from the two trees is a point intrusion of part of the stairs from the deck.  The Tree Assessment Officer is satisfied with this.

The existing retaining wall should be retained where within the 6m radius of the two trees to be retained.

11.     Existing soil levels are to be maintained on lot 2 after subdivision to protect tree roots.

Comment

This is considered should only be applied within the 6m radius zone of the trees to be retained.

12.     This approval does not extend to any tree removal, nor pruning lopping or damaging of any trees on the site or in adjoining lands.

Comment

The two large trees are to be retained and no excavation or trenches are to be undertaken within 6 metres of the trunks of the two large trees.

19.     It should be noted that any future dwelling house should be sited such that it is away from the mature trees in the northern east corner of Lot 2 and the south-eastern corner of Lot 1.

Comment

The amended plans are considered to comply with the abovementioned condition.

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

Three submissions were received in response to the notification of the amended development application plans.  The issues raised in the submissions can be summarised as follows:

·     Two submissions object as the proposal does not comply with the Court conditions regarding the retention of trees.

They say that the applicant through his “GROWING MY WAY” report seeks to go against the Land and Environment Court ruling and attempts to justify that excavation within the protection radius is allowable.

Comment

The comments of Council’s Tree Assessment Officer were requested on the tree issues raised by the commenters and also on the amended Tree Assessment & Management Report dated July/April 2011 by “Growing My Way” Tree Services.  The Tree Assessment Officer has advised that subject to the draft conditions specified that the subject trees would be adequately protected.  (See earlier comments under Tree Assessment Officer).

·     Design and location of proposed dwelling house and loss of amenity and privacy.

(i)         The owner of 7 Beta Road is concerned that they would see a continuous wall 18 metres long and 9 metres high across their rear garden area with 5 windows looking into their garden, bathroom and bedroom reducing their amenity solar access and privacy.

Comment

The proposed dwelling house is two storeys at the front and single storey at the rear.  The proposed dwelling is considered to be approximately 1m below where shown on the drawing submitted with the submission showing impact of 9A Gamma Road on 7 Beta Road.  It is considered to prevent loss of privacy that the windows at first floor level of the western elevation should be highlights with their sills at least 1.7m above the first floor level.  Subject to this draft condition the amended plans are considered a reasonable development of this site having regard to the constraints on the site particularly having to retain two large trees.  (See draft condition 2)

(ii)        The owners of 9 Beta Road are concerned at the 6m rear boundary setback as they will look at a brick wall only 1.5m away from their side boundary.  They want an 8m setback as the DCP requires.

Comment

The proposed dwelling house is mostly single storey at the rear where it adjoins 9 Beta Road.  Subject to the windows in the west elevation of the upper floor level of the proposed dwelling house being highlights with a minimum sill height of 1.7m above the upper floor level and having regard to the constraints on this site particularly having to retain two large trees, the amended proposal is considered satisfactory.

(iii)       The owners of 9 Beta Road are also concerned that the double doors off the main bedroom are indicating further plans to add a possible deck and hence cause further disturbing of the soil in this upper area. 

Comment

The bedroom doors are 250mm above ground level and no deck is shown.

(iv)       The owners of 7 Gamma Road have privacy concerns about the balcony area on the eastern side of the proposed dwelling house.  This balcony would look directly over the backyard of 7 Gamma Road and into the main living area which has walls made entirely of glass.  They want a privacy screen added to the balcony on the eastern side of the dwelling house to avoid overlooking into the yard and living area of 7 Gamma Road.

Comment

Council’s DCP 2009 specifies:-

·     Dwellings or additions shall be designed and orientated so that windows, balconies and decks are not situated directly opposite windows of the habitable rooms of any adjoining dwellings, unless privacy can be addressed; and

·     Elevated decks, terraces or balconies greater than 1m above ground level (existing) to living areas are not to exceed a maximum depth of 3.0m of useable area.  Deeper decks may be considered if privacy to adjoining properties is addressed.

The proposed elevated deck is 3m wide and is located 8m from the eastern boundary with the rear yard of 7 Gamma Road.  To help provide privacy for 7 Gamma Road, a draft condition is recommended that the southern end of the proposed deck at first floor level at the south-eastern corner of the proposed dwelling house be set back in line with the southern wall of the family/living room and the balustrade to the proposed deck being of translucent glass or solid material. (See draft condition 3)

·     Solar access and overshadowing – Council’s DCP 2009 specifies:

            a)         Dwellings or additions shall be so designed and orientated so as to give reasonable sunlight to the habitable rooms and recreational areas of the subject site and adjoining premises between 9.00am and 3.00pm on 21st June.  In particular, dwellings are to be so located and designed that a portion of windows of neighbouring dwellings receive at least 3 hours of sun between 9am and 3pm on 21st June.

            b)         Council may accept reduction in solar access for the subject site and adjacent development if the topography and lot orientation is such that the 3 hour standard is considered unachievable.

            c)         Where adjacent dwellings and their open space already receive less than 2 hours of sun then new development should seek to maintain this solar access where practicable.

(i)         7 Beta Road has overshadowing concerns.

Comment

Whilst part of the yard of 7 Beta Road would be overshadowed at 9am, the north facing windows of 7 Beta Road would receive at least 3 hours of sunlight between 9am and 3pm on the winter solstice.

(ii)        9 Beta Road is concerned at significant overshadowing particularly of the dwelling house at 9 Gamma Road.

Comment

9 Gamma Road is a single storey dwelling house.  Due to the constraints on this site, the amended plans show the proposed dwelling house moved down the site to be 1500mm from the rear boundary of 9 Gamma Road. 

It is considered that the solar access complies with the requirements of the DCP.  Note:  The owners of 9 Gamma Road have not commented on the amended plans.

·     Floor space ratio – One commenter objects to the floor space ratio as proposed.

Comment

The floor space ratio as proposed complies with Council’s LEP 2009 requirement of 0.5:1.

·     Cut and fill – One commenter objects to the cut and fill as it does not comply with Council’s DCP 2009.

Comment

The maximum cut of 1.76m as proposed allows the rear of the ground floor level to be set into the site and reduces its impact on the adjoining sites.  The proposed cut is not within the 6m zone from the two large trees and is considered satisfactory.

CONCLUSION

The matters in the DOPI Guidelines in relation to Section 79C considerations have been satisfied.

The subject site has a number of constraints for the erection of a dwelling house, particularly the retention of the two large trees.  Subject to the conditions in the recommendation, the amended proposal is considered a reasonable development of this site and not to adversely impact on the amenity of the area or the streetscape.

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 D70/11 for the construction of a dwelling house on Lot 2, DP 1155797 and known as 9A Gamma Road, Lane Cove subject to the following conditions:

1.         (20) That the development be strictly in accordance with drawing numbers BT-31-13-B-1A, 2, 3, 4, 5, 6 dated 20.6.11 by Tullipan Homes Pty. Ltd. and 10421-D1B, D2B, D3B dated 7.7.11 by EZE Hydraulic Engineers except as amended by the following conditions.

2.         To prevent loss of privacy all the windows at first floor level of the western elevation of the proposed dwelling house being highlights with their sills at least 1.7m above the first floor level.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

3.         To help provide privacy for 7 Gamma Road, the southern end of the proposed deck at first floor level at the south-eastern corner of the proposed dwelling house being set back in line with the southern wall of the family/living room and the balustrade to the proposed deck being of translucent glass or solid material.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

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

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

6.         (137)  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.

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

            The consent authority or a private accredited certifier must:-

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

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

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

10.       No excavation or trenches are to be undertaken within six (6) metres of the trunks of the two existing Blue Gum trees which are to be retained.

11.       To ensure that there are minimal impacts on the two existing Sydney Blue Gum trees located on the upper level of Lot 2, the existing retaining wall which bisects Lot 2 is to be retained where within 6m of the trunks of the two existing Blue Gum trees.

 12.      (300)  Lane Cove Council regulates the Preservation of Trees and Vegetation in the Lane Cove local government area. Clause 5.9(3) of Lane Cove Local Environmental Plan 2009 [the "LEP"], states that a person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by development consent or a permit granted by the Council. Removal of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be imposed in respect to any such offence is $1,100,000 or a penalty infringement notice can be issued in respect of the offence, the prescribed penalty being $1,500.00 for an individual and $3,000.00 for a corporation.  The co-operation of all residents is sought in the preservation of trees in the urban environment and protection of the bushland character of the Municipality.  All enquiries concerning the Preservation of Trees and Vegetation must be made at the Council Chambers, Lane Cove.

13.       The site is to be property fenced to prevent access of unauthorised persons outside of working hours.

14.       The proposed 1.8m high privacy screen on the south side of the balcony being replaced with a 1.8m high solid permanent privacy screen.  PLANS BEING ALTERED TO COMPLY PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

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

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

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

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

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

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

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

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

b)         All reinforcement prior to filling with concrete.

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

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

e)         Installation of steel beams and columns prior to covering

f)          Waterproofing of wet areas

i)          Stormwater drainage lines prior to backfilling

k)         Completion.

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

b)         Retaining walls;

c)         Footings;

d)         Reinforced concrete work;

e)         Structural steelwork;

f)          Upper level floor framing.

20.       (67) 

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

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

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

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

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

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

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

21.       (68) An automatic fire detection and alarm system, designed to ensure the occupants are given adequate warning so they can evacuate the building in an emergency, must be installed in the dwelling.

This requirement is satisfied by:-

(a)        Smoke alarms installed in -

            (i)         Class 1a buildings in accordance with 3.7.2.3 of the Building Code of Australia; and

(b)        Smoke alarms complying with AS 3786.

(c)        Smoke alarms connected to the consumer mains power where consumer power is supplied to the building.

Location – Class 1a buildings (dwellings)

Smoke alarms must be installed in a Class 1a building on or near the ceiling in -

(a)        any storey containing bedrooms -

            (i)         between each part of the dwelling containing bedrooms and the remainder of the dwelling; and

            (ii)        where bedrooms are served by a hallway, in that hallway; and

(b)        any other storey not containing bedrooms.

22.       (130)  Compliance with the Waste Management Plan approved under this application.

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

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

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

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

26.       (354)  Footing, trench or excavation that is within 3 m 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

27.       (317) A 1.8 m high chain mesh fence shall be erected a radial distance of not less than 6m from the trunk of the two Sydney Blue gums located at the rear of the allotment. The tree protection area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection area shall remain undisturbed except for construction of the set of steps.

28.       A waterproof sign must be placed on all tree protection zones stating ‘NO ENTRY TREE PROTECTION ZONE – this fence and sign are not to be removed or relocated for the work duration.’  Minimum size of the sign is to be A4 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

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

General Engineering Conditions

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

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

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

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

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

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

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

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

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

39.       (V8) Car Parking: All parking and associated facilities are to be designed and constructed in accordance with AS 2890 Series.

            The following plans shall be prepared and certified by a suitably qualified engineer demonstrating:-

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

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

41.       (R2) Rainwater Reuse Tanks: The applicant is to install a rainwater reuse system with a minimum effective capacity of 10,000 Litres. Rainwater tanks are to be installed in accordance with Council’s rainwater tank policy and relevant Australian standards. The plumbing requirements are as follows:-

·   Rainwater draining to the reuse tanks 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.

·   Rainwater tank is to be connected to all new toilets, one cold water washing machine tap and one outside tap within the development.

Engineering conditions to be complied with prior to Construction Certificate

42.       (D3) Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with plan numbered 10421 sheets D1-D3 issue B prepared by EZE Hydraulic Engineers dated 07-07-11.

            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.

43.       (V2) Replacement of Vehicular Crossing: The vehicular crossing servicing the property shall be reconstructed prior to the issue of the Occupation Certificate as it does not meet Council’s current standards. The vehicular crossing shall be constructed to the specifications and levels issued by Council. A ‘Construction of Residential Vehicular Footpath Crossing’ application shall be submitted to Council prior to the issue of the Construction Certificate. All works associated with the construction of the crossing shall be completed prior to the issue of the Occupation Certificate.

44.       (D1) Excavation Greater Than 1m: Where there are structures on adjoining properties including all Council infrastructures, located within 5 metres 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; and

(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.

45.       (T1) Design of Retaining Structures: All retaining structures greater 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

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

Engineering condition to be complied with prior to commencement of construction

47.       (C2) Erosion and sediment control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the approved plans prepared by EZE Hydraulic Engineers numbered E1-E3 issue A and dated 30-03-11. The devices shall be maintained during the construction period and replaced when necessary.

Engineering condition to be complied with prior to Occupation Certificate

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

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

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan

2 Pages

 

 

  


Ordinary Council Meeting 17 October 2011

Order Of The Day No. 20

 

 

Reference:     Order Of The Day No. 20

Subject:          Council and Committee Meeting Schedule November 2011    

Record No:    SU1915 - 42944/11

Author(s):      Kirsty Fleming 

 

 

 

The Council and Committee Meeting Schedule for November 2011 is proposed as follows:-

November       5          Inspection Committee (if required)

November       7          Ordinary Council

 

 

 

RECOMMENDATION

 

That the Council and Committee Meeting Schedule for November 2011 be adopted.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

  


Ordinary Council Meeting 17 October 2011

Notice of Motion No. 19

 

 

Reference:     Notice of Motion No. 19

Subject:          National Broadband Network (NBN)    

Record No:    SU3237 - 42929/11

Author(s):      Councillor Pam Palmer 

 

 

Executive Summary

The NBN promises to provide many benefits to residents and businesses in Lane Cove.  Even during the rollout phase there may be potential benefits to be had, including an opportunity to consider the undergrounding of overhead cables.  NBN Co says it will work closely with local government and it is suggested that Council plan ahead to capitalise on any opportunities.

Discussion

NBN Co states that it is “committed to working closely with local government on the design and deployment of the National Broadband Network in their area, ensuring a lasting positive legacy for the local community” (http://www.nbnco.com.au/getting-connected/local-government.html).

Critically, the NBN network may be delivered to our area via underground cabling.  This could provide an opportunity to simultaneously move our current overhead cables into the new NBN trenches.  Some benefits would be:-

·    Reduction in motor accidents involving power poles;

·    No tree pruning around overhead wires;

·    No danger from fallen wires during storms;

·    Improved streetscapes and better views; and

·    Increased property values.

While this is not a new issue, there is a new opportunity.  NBN Co also suggests that Councils may be keen to enter agreements to rent facilities that could be used during the rollout, such as depots, warehouses, temporary site offices, shopfront information offices, etc.

Conclusion

Council should be prepared for the NBN rollout so that it can make the most of any opportunities that may arise.

 

RECOMMENDATION

That a report on the NBN rollout comes back to Council which includes:-

1.    Information on the rollout timetable;

2.    Possibilities for underground cables, both for NBN itself and overhead electricity cables;

3.    Any information from neighbouring councils on their preparations for the NBN; and

4.    Any other opportunities to provide the most benefits to our community.

 

 

 

Councillor Pam Palmer

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.


Ordinary Council Meeting 17 October 2011

Corporate Services Division Report No. 41

 

 

Reference:     Corporate Services Division Report No. 41

Subject:          Consideration of Ward Boundaries and Councillor Numbers    

Record No:    SU821 - 43180/11

Author(s):      Ian  Naylor 

 

 

Executive Summary

 

Councils in Circular 11/30 from the Division of Local Government, 6 October 2011, were reminded on the need to give consideration to a number of matters in relation to the 2012 Local Government Election. This report recommends that no change be made to Council’s existing arrangements.

 

Discussion

 

In preparation for the 2012 Local Government Election, the Division of Local Government has reminded councils of the need to give consideration to a number of matters in relation to the 2012 Local Government Election as follows.

 

Ward Boundaries

 

Under Section 211 of the Local Government Act 1993 (“The Act”), councils are required to review their wards and alter them if “the number of electors in one ward in its area differs by more than 10% from the number of electors in any other ward in its area”. Council last considered this matter in March 2006 and altered its ward boundaries to ensure the variation in wards was less than 10%.

 

Information supplied by the NSW Electoral Commission shows the enrolments in respect of the Lane Cove Council wards as at 23 August 2011 are as follows, East Ward 7053, Central Ward 7049, West Ward 7403, Total 21505. The current variation between Central Ward (lowest) and West Ward (highest) is only 6.62%, so no alternation at this time is necessary.

 

Number of Councillors and Election of the Mayor

 

Section 224 of the Act, requires councils to give consideration to the number of Councillors to be elected at each election. The minimum number of Councillors is 5 and maximum is 15.

 

Under Section 228 & 229 of the Act, Council can also hold a constitutional referendum to

change the method of electing the mayor to either direct election by the electors every 4 years or election by the councillors every year.

 

 

RECOMMENDATION

 

That Council receive and note the report and maintain its current electoral structure for Wards, number of councillors, and the election of Mayor.

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.


Ordinary Council Meeting 17 October 2011

Open Space and Urban Services Division Report No. 31

 

 

Reference:     Open Space and Urban Services Division Report No. 31

Subject:          St Leonards "Civic Square" Concept    

Record No:    SU4559 - 42659/11

Author(s):      Wayne Rylands 

 

 

Executive Summary

Council staff have been developing a proposal for a Civic Square and bus interchange to be constructed on the southern side of the Pacific Highway over the rail corridor and possibly Lithgow Street and Canberra Avenue. The Square project aligns with the objectives of the St Leonards Strategy to improve the Open Space and Urban Domain in St Leonards, as it continues to develop as an employment hub under the NSW Metropolitan Strategy.

Council’s endorsement is now sought to proceed with the St Leonard’s Civic Square and seek support from key stakeholders for its implementation.

Background

St Leonards is at the intersection of three local government areas, Willoughby, North Sydney and Lane Cove.  In 2005/2006 the three councils worked closely with the DoP to develop a joint strategy, the St Leonards Strategy (adopted by Council 18 December 2006) which promotes the co-ordinated development of the Centre and help ensure its economic role is strengthened and it functions more effectively with a unified sense of place.

Discussion

As Councillors are aware, Council staff have been developing a St Leonards Public Domain Masterplan that would greatly improve the public domain and seek to enable a more effective transport interchange on the Lane Cove side of the Pacific Highway, opposite the St Leonards railway station.

Staff have conducted consultations with the major players in the environs of St Leonards Railway Station, Winten Property Group and Loftex, and developed two graphic representations for possible developments integrating with bus/rail interchange and Civic Square / Plaza above the railway line, refer AT-1 and AT-2.

Initial discussions have also been held with key stakeholders including, the local member for Lane Cove, The Hon. Anthony Roberts, and the Minister for Transport, The Hon. Gladys Berejiklian.  All have acknowledged the benefits that such a proposal would bring.

Before any such proposal can be eventually achieved there is much more work to be done and a number of steps yet to go through. Council’s support is now sought for implementation of the following:-

a.    Make contact  with North Sydney and Willoughby Councils as involved participants in the benefits of the proposed bus/rail interchange.

b.    Gain support through a NSROC agreement to progress the Regional value of the project concept.  The agenda item on St Leonards could go to the next NSROC meeting on the 10 November 2011 to be held at Lane Cove Council.

c.    Approach the Royal North Shore Hospital Board regarding their Master Plan for development and the benefits that will ensue from this proposal with respect to improved public transport connectivity.

d.    Liaise with the Department of Planning with respect to gaining their support for the proposal as a catalyst for further implementation for St Leonards, as a “Specialised Centre”, under the Metropolitan Strategy.

e.    Subsequent to the above, co-ordinate with the planning branch of the Integrated Transport Authority now being established by the State Government.

Conclusion

The work undertaken to date for improvements to the St Leonards Public Doman and Open Space have been well received by key stakeholders. It is now appropriate for the Council to formalise its support for the proposal prior to implementations of the actions outlined above.

 

 

RECOMMENDATION

 

That:-

1.         Council undertake consultation with Willoughby City Council and North Sydney Council representatives to discuss the regional benefits of the proposed St Leonard’s Civic Square and associated bus/rail interchange.

2.         Council gain the support of NSROC to progress the regional value of the project. The proposal to be tabled at the next NSROC meeting to be held on 10 November 2011.

3.         Council approach the Royal North Shore Hospital Board regarding their Master Plan for the development of their site, and the benefits that the Civic Square proposal could provide in this respect.

4.         Council liaise with the Department of Planning to gain their support for the proposal as a catalyst for the further implementation of the “Specialised Centre” category for St Leonards under the Metropolitan Strategy.

5.         Council then liaise with the Transport Planning Branch of the Integrated Transport Authority to discuss the regional benefits of the proposed St Leonard’s Civic Square and associated bus/rail interchange.

6.         Council hold further meetings with the developers of 88 Christie Street (Winton) and Marshall Avenue (Loftex).

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

St Leonards Perspective - LOFTEX

1 Page

 

AT‑2 View

St Leonards Perspective - WINTEN

1 Page

 

 

 


Ordinary Council Meeting 17 October 2011

Open Space and Urban Services Division Report No. 32

 

 

Reference:     Open Space and Urban Services Division Report No. 32

Subject:          Proposed Cameraygal Park    

Record No:    SU4486 - 42848/11

Author(s):      Susan  Butler; Craig Wrightson 

 

 

Executive Summary

Council has developed a proposal for the vacant land at 69 Longueville Rd Lane Cove, to become a park designed with Aboriginal interpretation and culture as the key objective. The site is currently owned by the RTA, who are attempting to sell it for development as a six storey building. The development of the site by the RTA will require transfer of the land to Council.

It is recommended Council will continue to seek a meeting with the Hon Duncan Gay MLC, Minister for Roads and Ports and request to meet the Hon Victor Dominello MP, Minister for Aboriginal Affairs to seek assistance in transferring ownership of the land at 69 Longueville Rd Lane Cove to Council. A further report will be submitted to Council once advice of the future status of the land is known prior to undertaking detailed consultation on the design.

Background

Council was advised in early 2011 by the RTA that it was planning to auction the property 69 Longueville Road, which is located at the corner of Epping Road and Longueville Road, and previously leased by Council from the RTA for car parking. The land was originally resumed for road widening purposes and the re-alignment of Epping Road. Council considered a report about possible purchase of the site at its meeting of 7 March 2011. Council resolved to authorise the General Manager to attend the auction and purchase property up to a pre-determined amount, based on an independent valuation obtained by Council. The property was subsequently passed in at auction on 12 March 2011, with the bidding in the low one millions.

Council was subsequently approached by architects engaged by the RTA in July 2011, who were developing concepts for the site, which would see a 6 storey mixed used tower on the site. Such a development would require either an amendment to the LEP to accommodate the height and floor space ratio or a merit based assessment. This is because the LEP did not ever consider this site as a development site, despite it being zoned Mixed Use to accord with the Department of Planning’s mandate that all such land must be zoned having regard to the surrounding zonings.

Discussion

The site is an irregular shaped block of 784.2m2. Staff are of the view that the subject land has limited redevelopment potential because of the planning constraints, the long and narrow shape of the land, the difficulty of accessing the land due to the high peak traffic flows near the major arterial road intersection and its close proximity to the Lane Cove Tunnel.

The land, however, enjoys a prominent position at the intersection of Longueville and Epping Road and is best suited for open space and passive recreation area and provides the “Gateway” to the Lane Cove Village. This was identified in the Village Structure Plane. Section 5.1.8. Strengths and Opportunities, which includes “• Re-define the gateway. • Create identifiable landmarks to

announce the gateway from outside the precinct.”

Accordingly, in July 2011 Council wrote to the Minister for Roads, The Hon. Duncan Gay requesting the transfer of the land to Council for development by Council as a Gateway Park to Lane Cove. More recently a meeting with the Minister was requested and Council is awaiting advice on a date for the meeting. The local member, The Hon. Anthony Roberts has indicated his support for the project and also written to the Minister for Roads, The Hon. Duncan Gay indicating his support.

In the interim Council’s Landscape Architect has prepared concept plans for the site with Aboriginal interpretation and culture as the key objective. The plans consist of a visually permeable screen to reduce traffic noise in the park and a podium with seating and viewing levels. There will also be seating on the ground level, which will include dry drainage swales and other sustainable features.

These plans were discussed at the Councillors’ workshop on Monday 10 October 2011. They have also been discussed with staff from the Northern Sydney Aboriginal Heritage Office (AHO) and at a meeting with the Residents for Reconciliation on Friday 7 October 2011. The Metropolitan Local Aboriginal Lands Council (MLALC) has also been given a copy of the concept plans, and Council is awaiting their input.

The design will be both a monument to the Cameraygal People and place for learning about aboriginal culture. The site will incorporate a cultural trail of aboriginal history and bush tucker plants to allow visitors to experience aspects of aboriginal life. The glass wall will provide the opportunity for the display of aboriginal art on a grand scale and the incorporation of viewing platforms with views to the Blue Mountains and to the city skyline will be a major attraction. The combination of all these attributes will be unique in Australia.

Whilst funding for the project has not been secured, the nature of the project is such that it should be eligible for a range of grants in addition to Council funding. The design is also scalable, meaning a park in some form will be able to be built. The key to the project remains in having the land transferred to Council.

Council will continue to seek a meeting with the Hon Duncan Gay MLC, Minister for Roads and Ports and it is also appropriate to seek a meeting with the Hon Victor Dominello MP, Minister for Aboriginal Affairs to seek assistance in transferring ownership of the land to Council.  Once there is agreement that the land can be used as a park the concept plans can be placed on public exhibition to refine the design. In the interim it is appropriate for Council to raise community awareness of the projects through a communication strategy, which is outlined below.

Communication Strategy


Level of Participation

Inform

Inform

Inform

Form of Participation

Open

Targeted

Open

Target Audience

Lane Cove Community and

MLALC, AHO, Community Groups

Lane Cove Community

Proposed Medium

Advertisement,

Public Exhibition,

E-newsletter and

Website Exhibition

Letters

 

Public Exhibition,

E-newsletter,

Website Exhibition

 

Indicative Timing

November – December 2011

November – December 2011

November – December 2011

Conclusion

Council will continue to seek a meeting with the Hon Duncan Gay MLC, Minister for Roads and Ports and request to meet the Hon Victor Dominello MP, Minister for Aboriginal Affairs to seek assistance in transferring ownership of the land at 69 Longueville Rd Lane Cove to Council. A further report will be submitted to Council once advice of the future status of the land is known prior to undertaking detailed consultation on the design.


 

 

RECOMMENDATION

That:-

1.       Council request a meeting with the Hon Duncan Gay MLC, Minister for Roads and Ports and the Hon Victor Dominello MP, Minister for Aboriginal Affairs to seek assistance in transferring ownership of the land at 69 Longueville Rd Lane Cove to Council;

2.       Council proceed with the communication strategy outlined in the report; and

3.       A further report be submitted to Council when agreement with the RTA on the future status of the land is know, such report to outline the proposed consultation process for the landscape plans for Cameraygal Park.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Cameraygal Park Concept Landscape Plan - October 2011

12 Pages

 

 

 


Ordinary Council Meeting 17 October 2011

Open Space and Urban Services Division Report No. 33

 

 

Reference:     Open Space and Urban Services Division Report No. 33

Subject:          Lane Cove Traffic Committee Meeting held Tuesday 20 September 2011    

Record No:    SU1326 - 42851/11

Author(s):      Nick Karahlis 

 

 

Executive Summary

The Lane Cove Traffic Committee Meeting was held on Tuesday 20 September 2011.  The Agenda is included at AT-1.  The Traffic Committee recommendations are shown in the Minutes of the Meeting, included as AT-2.

 

RECOMMENDATION

That the recommendations of the Lane Cove Traffic Committee held Tuesday 20 September 2011 

be adopted.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

Agenda Lane Cove Traffic Committee 20 September 2011

18 Pages

AT‑2 View

Minutes - Lane Cove Traffic Committee 20 September 2011

3 Pages