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Agenda

Ordinary Council Meeting

18 June 2012

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 18 June 2012 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 18 June 2012

TABLE OF CONTENTS

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

NOTICE OF WEBCASTING OF MEETING

 

public forum

 

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

 

CONFIRMATION OF MINUTES

 

1.      ORDINARY COUNCIL MEETING - 21 MAY 2012

 

Referred Reports FROM Inspection Committee 16 June 2012

 

2.       3 Second Avenue, Lane Cove

 

Orders Of The Day

 

3.       Citizenship Ceremony - Wednesday 18 July 2012

 

4.       Council and Committee Meeting Schedule - July 2012

 

Officer Reports for Determination

 

5.       Donation of Painting

 

6.       LEP - Reclassification of Reserves - Exhibition & Hearing

 

7.       Policy on the Use of Public Open Space by Commercial Fitness Groups and Personal Trainers

 

8.       Construction Hours for High Impact Noise and Haulage Elements of Development Proposals

 

9.       145-153 Longueville Road Lane Cove

 

10.     2 Little Street, Lane Cove (Lane Cove Aquatic Centre)

 

11.     Alcohol Prohibited Areas and Alcohol Free Zone Proposal for New Year's Eve  and New Year's Day

 

12.     Results of the Consultation on the 2012/13 Draft Delivery and Operational Plan, Draft Budget and Fees and Charges

 

13.     Pedestrian Access and Mobility Plan (PAMP)

 

14.     Non Compliance with Fire Safety Standards

 

15.     Extension of Independent Audit Committee Appointments

 

 

Officer Reports for Information

 

16.     Development Application Notification Policy

 

17.     Water Savings Action Plan

 

18.     Council Snapshot   

 

 

 

 

             


Ordinary Council Meeting 18 June 2012

3 Second Avenue, Lane Cove

 

 

Subject:          3 Second Avenue, Lane Cove

Inspection Committee after considering this matter referred this Report to the Ordinary Council Meeting to be held on the 18 June 2012.   

Record No:    SU740 - 21199/12

Division:         Environmental Services Division

Author(s):      Peter Walker 

 

 

Property:                     3 Second Ave, Lane Cove.   

DA No:                                    D281/2010 (Section 82a Review of determination)

Date Lodged:              30 January 2012

Cost of Work:              $8,000.

Owner:                                    E Zadeh

Applicant:                    E Zadeh         

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Section 82A review of determination for the construction of an access driveway and a double garage.

ZONE

R2 - Low Density Residential under Lane Cove Local Environmental Plan 2009

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, 10a & 10b.

STOP THE CLOCK USED

No

NOTIFICATION

Neighbours                 1,2,5,7& 9 Second Ave, 14,16 & 19 Panorama Road & 46, 48 & 50 Osborne Road.

Ward Councillors       Clr Tudge, Clr Palmer, Clr Brooks-Horn & Clr Gaffney    

Progress Association  Osborne Park Residents Assoc.

 

REASON FOR REFERRAL

 

This Section 82A review of determination of the development application has been called to Council by Councillor Brooks-Horn.

 

EXECUTIVE SUMMARY

 

·    The site is rectangular in shape with a frontage of 13.74m to Second Avenue and has an area of 954.8m².  The property has a steep embankment at the street alignment and no onsite parking or driveway.

 

·    The current application is a Section 82A review of determination of the refusal of a development application for the construction of an access driveway and a double garage.

·    One submission was received raising concerns with regard to privacy, outlook, setbacks, street character, excavation, no geotechnical report, development cost and suggests that the proposal should be a new application.

 

·    A number of amendments have been submitted which address some of the reasons for refusal. However the proposal does not meet with the requirements of the DCP.

 

·    The applicant suggests that the proposal would result in a more satisfactory outcome in relation to access to the dwelling house from the new garage taking into consideration his current & future mobility needs.

 

·    Whilst it is acknowledged the proposed garage would provide a more convenient access to the dwelling house, there would still be 25 steps from the garage floor level to the dwelling house floor level. The proposed development would not provide disabled access to the existing dwelling house.  

 

·    The proposal is not supported and recommended for refusal. 

 

SITE 

 

The site is located on the western side of Second Avenue. The site and Council’s verge share an embankment parallel to the street which causes the land to rise very steeply from the street for the first 3m and then slope moderately upwards and towards the rear of the property.  Towards the north and south there are existing brick dwelling houses.  The Site Plan and Notification Plan are attached as AT-1 and AT-2.

 

PROPOSAL

 

The applicant has requested Council to review it’s determination of refusal of the development application for the construction of an access driveway and a double garage.

 

In this review application, the applicant has made the following amendments to the plans that were refused:-

 

·    The proposed retaining wall at the front of the property has been deleted.

·    Engineering Certificate has been provided.

·    Driveway has been setback 1500mm from the northern boundary to protect trees on the adjoining property towards the north.

·    Proposed driveway gradient meets Australian Standards.

·    Garage level has been reduced and an internal stair access from garage has been provided.

·    Double pedestrian doors have been provided to the garage façade reducing the entrance from 4.8m to 3.9m thus converting the double garage to, effectively, a single car garage.

·    The garage FFL has been reduced from 55.700m to 54.800m, with a change in design of the roof to incorporate a low pitched metal roof with a gable feature.  The garage has a void over with a mezzanine level foyer entry.

·    The three windows on the southern elevation and five windows to the curved stairs have been replaced with glazing and an access door.

·    Stairs have been provided from the street level to the front entry of the dwelling house.

·    On the eastern & northern elevations additional windows have been provided to the mezzanine level.

 

Amended plans were lodged to address issues raised by Council’s Development Engineer with regard to driveway gradients and tree related issues raised by Council’s Senior Tree Assessment Officer.

 

The applicant submitted additional information including plans and photographs of 17 Panorama Road as an example of a steep driveway and significant excavation.

 

The applicant also submitted a copy of his Mobility Parking Scheme Card issued by the Roads & Traffic Authority, to indicate his physical disability.  

 

PREVIOUS APPROVALS / HISTORY

 

DA119/2008 -        Construction of a double garage and formation of layback, concrete stairs, path and retaining walls which was approved.  This consent is valid till 10 June 2013. The proposed works have not commenced.

 

DA281/2010 –       Construction of a driveway to the existing dwelling house. This driveway was to be located to the south of the approved garage which has not been constructed. This application was refused by Council under delegated authority for the following reasons:-

 

·    The construction of the large steep driveway across the whole of the street frontage encroaching approximately 2.4m onto Council property is considered undesirable and would adversely impact on the streetscape and the amenity of the adjoining dwellings.

·    The proposed excavation works for the driveway near the northern boundary would result in extensive damage to three trees in the neighbour’s property.

·    The driveway crossover is partly outside No.5 Second Avenue which is considered to be undesirable.

·    The gradient of the driveway does not comply with the Australian Standard (AS2890).

·    The proposed driveway requires removal of part or all of the crib block wall and the plans do not clearly and accurately show the extent of the wall that must be removed and how it will be replaced. 

Note:  The owner of No.5 Second Avenue advises that the crib-block walls cannot be cut off but must be reconstructed with the appropriate end or corner units which would involve excavation work well inside his property which he would not allow.

·    A topographic survey has not been submitted with the development application showing exactly the criblock wall in relation to the works and how the disturbance to the wall can be managed without affecting No.5 Second Avenue.  Further accurate cross sections are not shown through the wall.

·    As the proposed driveway requires significant excavation into the existing rock shelf, certification and design from a suitable geotechnical engineer of the proposed excavation has not been submitted to ensure the proposal is achievable and no damage to adjoining properties will occur.

·    The pedestrian entry stairs are not shown on the front elevation.

            Note:  Any further applications submitted for this property must have a realistic cost of proposal.

 

 

PROPOSAL DATA / POLICY COMPLIANCE

 

Local Environmental Plan 2009

 

Zoning:           R2 - Low Density Residential

Site Area:       954.8m²

 

 

Proposed

Control

Complies

Floor Space Ratio

0.17:1 (159.4 m²)

0.5

Yes

Height of Buildings

5m

9.5m

Yes

 

Comprehensive DCP

 

Part B - General

 

 

Proposed

Control

Complies

Streetscape

Garages/carports & driveways impact on dwelling or streetscape.

Significant excavation for driveway & garage (retaining walls.)

Ensure garages/carports

& driveways do not dominate dwelling or streetscape.

No – Driveway/garage will have significant impact.

Setbacks

Ensure garages/carports & driveways do not dominate dwelling or streetscape.

Driveway & retaining walls.

Maintain predominant street setback, maintain vegetation, maintain amenity.

No - vegetation loss and adverse visual amenity impacts.

 

Part C - Residential Development

 

 

Proposed

Control

Complies

Front setback (min)

7.7-7.8m

Consistent with area or 7.5m where no consistent setback occurs.

No-not consistent with the established setback.

Side setback (min)

1.2m southern & 5.8 northern

1200mm/1500mm

Yes

Rear setback (min)

N/a

<1000m²: 8m or 25%

>1000m²: 10m or 35%

-

Wall Height (max) (maximum parapet of 600mm)

3.7m garage door side above NGL

7.0m

Yes

Maximum Ridge height

5.8 gable apex

9.5m

Yes

Subfloor height (max)

1m

1.5m

Yes

Number of Storeys (max)

1 + mezzanine

2

Yes

Landscaped area (min)(Minimum width of 1m required to be included in area)

610m² approx or 64%

35%

Yes

Cut and Fill      (max)

2m

1m  (more permitted for sloping sites)

No – however sloping site.

Solar Access

3 hrs

3 hrs to north-facing windows

Yes

Provide for view sharing

NA

NA

NA

Heritage Conservation

NA

NA

NA

Deck/Balcony depth (max)

NA

3m

NA

Private open space

>24 m²

>4m depth

24 m² (min)

4m minimum depth

Yes

Basix

NA

NA

NA

 

Car Parking

 

 

Proposed

Control

Complies

Off-street spaces (min)

1

2 per dwelling

No

Driveway width

3m

3m at the lot boundary

Yes

 

REFERRALS

 

Rural Fire Service    

 

The application was referred to Rural Fire Service who has raised no objection to the proposal subject to draft conditions which would be included in the consent in the event Council approves the application. 

 

Manager Urban Design and Assets

 

The application has been referred Council’s Engineer who has advised that On Site Detention system would be required. The proposed excavation has been supported in a report by R & S Consulting Engineers. Draft conditions with regard to excavation and proposed driveway have been provided which would be included in the consent in the event Council approves the application. 

 

Manager Parks

 

The application was referred to Council’s Senior Tree Assessment Officer who has raised no objection to the proposal subject to draft conditions which would be included in the consent in the event Council approves the application. 

 

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

 

The site is zoned R2 Low Density Residential. The proposed development is permissible with development consent from Council.

 

The objective of the R2 Low Density Residential zone is as follows:-

 

To ensure that landscaping is maintained and enhanced as a major element in the residential environment.

 

The proposal involves significant scaring and excavation into the embankment of Council property and of the front garden area of 3 Second Avenue. The driveway and retaining structures would be the major elements in the appearance of the proposal and the existing landscaping would be significantly compromised.    

 


Other Planning Instruments

 

State Environmental Planning Policy No 55 – Contaminated Land

 

Clause 7 of SEPP 55 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, it is considered that contamination of the site is unlikely. 

 

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 in addition to other non compliances with objectives and provisions.

 

Development Control Plan 2009 - Part C Residential Development

 

·      The objective indicated in Clause C1, subclause 1.1 is as follows:-

“Ensure new dwellings and alterations & additions to existing dwellings are well designed and compatible with the surrounding context and enhance the streetscape within the area.”

Comment:

It is considered that the extensive excavating and paving a significant proportion of the front building setback area to provide for a single car garage is not compatible with the surrounding context and would not enhance the streetscape.  

 

·      The streetscape objective indicated in Clause C1, subclause 1.2 is as follows:-

“Achieve development of a scale and appearance which is in keeping with the predominant traditional or emerging street and neighbourhood character.”

Comment:

The existing streetscape is of garages excavated into the front of properties within steep embankments and dwellings set well back from the street. Driveways exist where the topography allows. It is considered that the proposal would not be in keeping with the streetscape for this section of Second Avenue.  Council has already approved a double garage on the subject site the consent for which is still valid.

“Ensure the existing landscape character of the area is maintained and enhanced.”

Comment:

It is considered the excavation and retaining required for the proposal would not maintain or enhance the landscape character of the area. The landscape character would change to that of hard paved driveway, stairs and retaining structures.

 

“Ensure the existing topography of the site is reinforced by dwelling design.”

Comment:

This section of Second Avenue is affected by steep grades up to 1:3. The subject site is more constrained than 1, 5 & 7 Second Avenue and the next adjoining property at 19 Panorama Road.  The proposal does not reinforce the existing topography of the site. The proposal would cut and alter the topography of the site.  Several amendments were required to achieve driveway grades which are barely adequate and require the garage floor level to be excavated up to 2m below ground in addition to the retaining walls and structures for the driveway. 

The applicant submitted pictures of the driveway and garage to 17 Panorama Road to support his proposal. However the difference in the two properties is that the contours at 17 Panorama Road are not as unfavourable and the garage is excavated under the house within the building footprint of the existing building unlike the proposed extension projecting towards the front of the house and within the front setback. The applicant states that this dwelling was constructed 25 years ago, it should be noted that at that time, controls were less comprehensive than as is the case today.       

 

“Ensure that garages, carports and driveways do not dominate the dwelling or Streetscape.”

Comment:

It is considered the appearance of the driveway, garage, and stairs would dominate the streetscape. The current proposal is out of character for this part of the street.

 

·    The setback objective indicated in Clause C1, subclause 1.3 is as follows:-

“Maintain the predominant street setback.

To enhance and maintain vegetation corridors through landscaping within front and rear gardens and side boundaries.”

Comment:

The proposal has changed from a driveway and attached garage to an extension to the front of the dwelling house containing a garage, mezzanine and entry. This extension does not maintain the predominant street setback.

·    The front setback provision indicated in subclause 1.3.1 is as follows:-

“The front setback of the building shall be consistent with the prevailing setback along the street. Where there is no predominant setback within the street, the setback should be a minimum of 7.5m. Irregular sites may be considered on their merits.”

“In general, no part of a building or above ground structure may encroach into a setback zone. Exceptions are awnings, balconies, blade walls, bay windows and other articulation elements up to a maximum of 500mm.”

Comment:

Second Avenue has an established predominant street setback and the proposed extension to the house to contain the garage, mezzanine & entry would encroach over 7m into the setback zone.

 

·    The cut and fill objective indicated in clause 1.6 is as follows:-

“Retain the natural ground levels as much as possible of a site and its existing landforms particularly in relation to the street or adjacent private open space areas.

To achieve reasonable landscaping within development.

To minimise the extent of cut and fill and its impact along side boundaries.

To create a consistent relationship between the dwelling and the street.

To ensure that excavation and filling of a site does not result in unreasonable amenity impacts to adjoining dwellings.

To minimise change to water run-off patterns.”

Comment:

The proposal would not retain the natural ground levels or existing landforms within the front setback although it is noted sufficient landscaping is available over the entire site. Substantial cut adjacent to side boundaries would be required for the garage and driveway levels and the proposal would result in amenity impacts to the adjoining dwelling at 5 Second Ave.  

·    Cut and fill provision is as follows:-

“Development is limited to a maximum depth of excavation or fill of 1m at any point on the site unless it is demonstrated that the site’s slope is too steep to reasonably construct a 2 storey dwelling with this extent of excavation.”

Comment:

The proposal is not considered to relate to the existing topography. The areas for excavation are not contained within the building footprint. The proposed 2m of excavation exceeds Council’s standard 1m requirement and due to the impacts created, it is not considered reasonable.      

·   The objectives of building design are to ensure alterations and additions reinforce the typical bulk and scale of existing dwellings within the street and the area, maintain the integrity of the design and style of the existing building, ensure elevations to the street and public domain are well proportioned and designed and minimise impact in terms of overshadowing, loss of privacy, light spillage to adjoining properties, loss of views and amenity.

Comment:

It is considered the proposal is an inappropriate design solution to the requirement to provide car parking to the site. Extensive cut is required to the site and from some elevations what appears to be a two level extension, to provide a single car garage to the existing dwelling house.

·    Amenity

Comment:

It is considered the proposed garage extension will create some amenity impacts to the adjoining owner to the south. The neighbours do utilise the front verandah of their house and front garden area for passive recreation. The extension, projecting into the front setback will increase overshadow particular in winter afternoon. As the southern elevation consists of eight windows and a door, privacy would be impacted.       

·    Car Parking

Comment:

Currently the dwelling has no on-site car parking.  However, there is a consent for a double garage on the property at the street alignment. The current proposal before Council appears to provide for two car parking spaces in accordance with Council’s requirement.  However, the narrowness of the driveway and garage entrance results in the garage is impractical for 2 vehicles due to the number of movements required. It is considered that only one car would be accommodated. Therefore the proposal does would not comply with Council’s requirement minimum car parking requirement.

 


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

 

One submission was received in response to the notification of the development application. The amended plans altered the proposal to a minor extent and as they addressed Council requirements the amendments were not renotified.  The issues raised in the submission from the adjoining owner to the south (5 Second Avenue) are as follows:-

 

·    Proposed garage & structures differ greatly from previous applications and should not be considered a review of determination rather a new development application.

Comment:

Whilst it is agreed that numerous changes have been made to the original proposal, it is possible to submit amended plans in a Section 82A review as long as the development is substantially the same development. The current proposal is still a driveway and an attached garage and so considered substantially the same development.  

 

·    Proposed upper foyer/entry structure extends 3.2-4.3m above ground level, will cause overshadowing and outlook from front porch in conflict with Section 1.3.1 of DCP, regarding setbacks & character of street.

Comment:

It is agreed that the proposal would impact upon the amenity of the adjoining property and the streetscape.  These issues have already been addressed within this report.

 

·    Entry structure glazing/windows is unattractive and would create privacy impacts.

Comment:

It is agreed that the proposal contains significant glazed areas on the southern elevation with associated privacy impacts which has been indicated with in the report.

 

·    No geotechnical report submitted.

Comment:

A report from a Structural Engineer has been submitted by the applicant. Council’s Development Engineer has considered this report adequate to determine the application.

 

·    Excavation 3m in depth 2m from (No.5) house in excess of Development Control Plan 2010 guidelines and possibly unstable.  

Comment:

It is agreed that the proposal does not comply with Council’s Development Control Plan in relation to excavation. With regard to stability, the structural Engineers report has required a further Geotechnical report to be submitted so as not to impede on the neighbouring property.    

 

·    Plans make no reference to other retaining walls or batter slopes next to driveway and pedestrian steps. Plans are diagrammatic and downplay the bulk & scale of earthworks.

Comment:

It is considered that the plans do not fully indicate earthworks and comprehensive details of retaining walls. Batter slopes have not been provided at this stage.

 

·    Crib retaining wall

Comment:

This structure would largely be removed in the event the proposal went ahead.

 

·    Cost of the  proposed development is incorrect

Comment:

It is agreed that the applicant has underestimated the cost of the proposed development. In the event that the Council was to approve the application, the applicant would be required to provide a registered  Quantity Surveyor’s estimate and pay Council the balance of the DA fee as a condition of consent.  

 

CONCLUSION

 

The amended proposal has been considered in relation to section 82A of the Environmental Planning & Assessment Act 1979, Lane Cove LEP 2009 and Development Control Plan 2009 and the proposal cannot be supported for a number of reasons including non compliance with Council’s LEP 2009 and Development Control Plan 2009. In relation to access, whilst the garage as proposed will improve convenience to the dwelling, the proposal will still involve 25 steps and is not accessible for people with mobility needs.  Further, it is considered that the construction works above ground (as proposed) on Council’s property, sets an undesirable precedent and should not be supported.

 

 

RECOMMENDATION

 

That pursuant to Section 82A of the Environmental Planning & Assessment Act, 1979, as amended, the determination of development consent  D281/2010, refused on 4 April 2011 for the Construction of an access driveway and a double garage on lot 22 DP19003 and known as 3 Second Avenue, Lane Cove is reaffirmed and the review of the application refused for the following reasons:-

1.       The proposal does not comply with Lane Cove LEP 2009 objective which requires that landscaping is maintained and enhanced as a major element in the residential environment.

2.       The proposal does not comply with Lane Cove Development Control Plan, which requires that alterations & additions to existing dwellings are well designed and compatible with the surrounding context and enhance the streetscape within the area.

3.       The proposal does not comply with Lane Cove Development Control Plan, which requires that the scale and appearance should be in keeping with the predominant traditional or emerging street and neighbourhood character; ensure the existing landscape character of the area is maintained and enhanced; ensure the existing topography of the site is reinforced by dwelling design; ensure that garages, carports and driveways do not dominate the dwelling or streetscape.

4.       The proposal does not comply with Lane Cove Development Control Plan as the proposal does not maintain the predominant street setback and encroaches into that predominant setback by up to 7m.

5.       The proposal does not comply with Lane Cove Development Control Plan with regard to cut & fill as the proposal will not retain natural ground levels or existing landforms and substantial cut over 1m adjacent to side boundaries will be required for the garage and driveway levels.

6.       The proposal does not comply with Lane Cove Development Control Plan as the proposal is an inappropriate design solution to meet the requirement to provide onsite car parking space.

7.       The proposal does not comply with Lane Cove Development Control Plan as the proposal would impact upon the amenity of the adjoining dwelling to the south with regard to shadowing and privacy.

8.       The proposal does not comply with Lane Cove Development Control Plan Car Parking requirement as the proposal would provide for only one onsite car parking space. 

9.       The construction of a driveway, retaining structures and stairs on Council’s property is considered undesirable. 

10.     The proposed development would not provide disabled access to the existing dwelling house as there would still be 25 steps from the garage floor level to the dwelling house floor level.  

11.     The proposed development is not in public interest and would set an undesirable precedent.

 

 

 

 

 

Rajiv Shankar

Manager – Development Assessment

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

1 Page

 

AT‑2 View

Neighbour Notification Plan

2 Pages

 

 

  


Ordinary Council Meeting 18 June 2012

Citizenship Ceremony - Wednesday 18 July 2012

 

 

Subject:          Citizenship Ceremony - Wednesday 18 July 2012    

Record No:    SU28 - 28827/12

Division:         General Managers Unit

Author(s):      Millie Stephen 

 

 

Executive Summary

 

A citizenship ceremony will be held in the Council Chambers on Wednesday 18 July 2012 commencing at 7.00pm. A Councillor is required to attend the ceremony and speak to the new citizens about local government. 

 

 

 

RECOMMENDATION

 

That a Councillor nominate to attend the Citizenship Ceremony on 18 July 2012 and speak to new citizens about local government.

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 18 June 2012

Council and Committee Meeting Schedule - July 2012

 

 

Subject:          Council and Committee Meeting Schedule - July 2012    

Record No:    SU1915 - 28939/12

Division:         Corporate Services Division

Author(s):      Kirsty Fleming 

 

 

 

The Council and Committee Meeting Schedule for July 2012 is proposed as follows:-

July     14        Inspection Committee (if required)

July     16        Ordinary Council

 

 

RECOMMENDATION

 

That the Council and Committee Meeting Schedule for July 2012 be adopted.

 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

    


Ordinary Council Meeting 18 June 2012

Donation of Painting

 

 

Subject:          Donation of Painting     

Record No:    SU2517 - 28756/12

Division:         Human Services Division

Author(s):      Jenny Bice 

 

 

Executive Summary

 

At the opening of Gallery Lane Cove in February 2012, the artist Margot Goodall broached the idea of donating a painting for inclusion in the Council Art Collection.

 

Discussion

 

Several conversations have taken place since that time and the offer of the painting has been accepted.  The name of the painting is “Longueville Wharf on a Weekday Afternoon” and is based on a view of the Longueville Wharf and Lane Cove River from Stuart Street.  The medium is acrylic gouache on paper.  The painting was hung in the Lane Cove Municipal Art Exhibition in 2001 in the category “Aspects of Lane Cove”.

 

This will be the second Margot Goodall painting to be included in the Council Art Collection.  The other painting in the collection is ‘A Longueville View’.  A biography of the artist prepared for the 2006 ‘Visions of a Municipality’ art exhibition is attached. 

 

The painting will be on exhibition in the Council Chambers on the evening of 18 June 2012.

 

 

RECOMMENDATION

That Council:

1.   Accept the donation of the painting “Longueville Wharf on a Weekday Afternoon”

2.   Write and thank Ms Goodall for her donation.

 

 

 

 

 

 

Jenny Bice

Acting Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

AT‑1 View

Biography of Margot Goodall

1 Page

 

 

 


Ordinary Council Meeting 18 June 2012

LEP - Reclassification of Reserves - Exhibition & Hearing

 

 

Subject:          LEP - Reclassification of Reserves - Exhibition & Hearing    

Record No:    SU4468 - 28695/12

Division:         Environmental Services Division

Author(s):      Stephanie Bashford 

 

 

Executive Summary

 

An exhibition and public hearing have been conducted for a planning proposal to amend Local Environmental Plan 2009 to reclassify thirteen reserves from community to operational land, under the Local Government Act and Environmental Planning & Assessment Act. 

 

Exhibition was held from 9 November to 20 December 2011.

 

The public hearing was conducted on 31 May 2012 by Dr Ian Ellis-Jones, and was attended by thirty-five members of the public. A copy of the public hearing report is attached at AT-1. It recommends that Council:-

(i)         proceed to reclassify three of the reserves; and

(ii)        retain the remaining reserves as community land. Note that, in response to submissions made following the exhibition, Council officers had recommended that two of the sites, and a small segment of another, remain community land.

 

Other recommendations are made in the Public Hearing Report relating to such matters as public land disposal policy and the pedestrian and cycling network.

 

All the recommendations of the public hearing report regarding the proposed reclassifications are supported. The recommendations relating to other matters are also supported as being appropriate for staff to investigate and advise Council in due course.

 

Background

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

An additional twelve drainage reserves and one underused, isolated public land parcel were subsequently investigated by the Major Projects Section in 2009 for possible operational classification. Councillors were provided with a detailed presentation on this matter in February 2010. It was proposed then that Council reclassify the thirteen reserves to operational.

 

Council resolved formally on 18 October 2010 to reclassify the thirteen reserves from community to operational land. The reclassification process is undertaken by an LEP amendment, and this was added to the range of matters arising since the LEP’s introduction in February 2010, which the Department of Planning & Infrastructure is processing in a staged series of planning proposals.

 

The public exhibition for the proposal was held from 9 November to 20 December 2011. During this consultation period, individual letters were sent to each of the several hundreds of properties adjacent to the reserves. Eleven submissions were received in response to the exhibition.

 

A Public Hearing was held on Thursday 31 May 2012 by Dr Ian Ellis-Jones, and was attended by thirty-five members of the public. Thirty-eight written submissions were made to the public hearing, as well as spoken submissions on the day. The hearing report took into account the submissions made during exhibition and those made in writing and orally to the hearing, including any made until close of business on Friday 1 June. A public hearing is a requirement under the Local Government Act 1993 for any reclassification of community land to operational.

 

A copy of the submissions made during the exhibition and for the public hearing have been circulated separately to Councillors.

 

Discussion

 

On the basis of written submissions received, the Major Projects Section recommended to the hearing that the following reserves should be retained as community land, being:-

·    Point Rd (adjacent to 15A);

·    Ronald Avenue (a section linking two separate rights of way); and

·    Fleming St/ Upper Cliff Road (west of 13 Fleming St and 2 Upper Cliff Rd).

 

Council’s Major Projects Section made a written submission to the hearing, having considered the submissions received by the week of the hearing.  The major objectives included:-

·    flexibility and efficiency in administering infrastructure land, including permitting extended leases beyond 21 years;

·    rationalisation of Council lands to maximise best use of assets and resources, and addressing maintenance costs;

·    dealing with illegal private encroachments;

·    minimising potential liability issues; and

·    community benefits (financial).

 

The Strategic Section made an oral submission that, regardless of whether the classification was operational or community, in future if land were to be considered for sale, its assessment should include consideration of future population needs.

 

Submissions opposing reclassification of several of the reserves were based on grounds described in detail in the Hearing report, but which included:-

·    loss of amenity for neighbouring residents if isolated sites were redeveloped;

·    flooding issues;

·    pedestrian and cycling access and sustainability; and

·    bush track landscaping and heritage steps.

 

A submission was received from NSW Transport: Roads & Maritime Services that it had no objection to the proposal.

 

Public Hearing Report

 

            Considerations:

 

It is not the intention of this Council Report to restate in detail the contents of the Public Hearing Report; however, an overview of Dr Ellis-Jones key comments is provided below:- 

·      Drainage reserves are a sub-category of public reserves.

·      Reserves are sometimes no longer needed or serve no useful purpose or, if they do, the money derived from their sale would be better spent on public assets elsewhere in the local government area.

·      However, any council which proposes to reclassify community land as operational land has a heavy evidentiary and probative onus to show that the land is no longer needed for drainage or any other public purposes. Information required may relate, for example, to flood-prone land, pedestrian and other usage levels (after a reasonable period after illegal encroachments have been removed), condition, topography and potential for improvement, as well as budgetary considerations. Note by staff: At least some of these considerations had been the subject of the Major Projects study.

·      A local government area-wide map showing the integrated pedestrian network, with bus stops, schools and other key destinations to assess the potential for strengthening the network, should be available to the public.

 

            Recommendations

 

The Public Hearing report’s recommendations are in summary:-

 

(a)   The following parcels of land could be reclassified to operational:-

 

Locality

Purpose

Description

89A Centennial Avenue and Hallam Avenue

Drainage Reserve

Lot 114, DP 9653

26A Garling Street

Drainage Reserve

Lot 13, DP 19114

Fleming Street (west of 29A)

Public Reserve

Lot 9 DP 253441

 

The grounds given are:-

·      The 89A Centennial Avenue reserve has been sterilised for public use by having been built upon by private individuals at both ends.

·      The 26A Garling Street reserve [which is L-shaped and surrounded by house lots] is not very useful for public purposes (leaving aside drainage purposes) taking into account the problems of access (the long access corridor and the like), its size and related matters.

·      The Fleming Street public reserve seems to be largely unusable - a suggestion made at the hearing that the land could perhaps be rendered useful for public recreation if it were amalgamated with portions of other (presently privately owned) land seems too speculative.

 

(b)   The following parcels of land should remain classified in full as community:-

 

Locality

Purpose

Description

Bridge Street and Howell Place (East)

Drainage Reserve

Lot 128, DP 10084

Howell Place and Matthews Avenue (East)

Drainage Reserve

Lot 127, DP 10084

Matthews Avenue and Burns Bay Road (East)

Drainage Reserve

Lot 126, DP 10084

Bridge Street and Howell Avenue (West)

Drainage Reserve

Lot 125, DP 10084

Howell Avenue and Matthews Avenue (West)

Drainage Reserve

Lot 124, DP 10084

Matthews Avenue and Burns Bay Road (West)

Drainage Reserve

Lot 123, DP 10084

Adjacent to 15A Point Road +

Drainage Reserve

Between Lots C & 38, DP 4424

Stokes Street

Drainage Reserve

Lot 43, DP 6874

Ronald Avenue ++

Drainage Reserve

Lot 498, DP 7626

Fleming St/Upper Cliff Road +

Drainage Reserve

DP 6766

 

+ Recommended to remain community land by Council  prior to Hearing

++ Part recommended to remain community land by Council  prior to Hearing

 

(c)   Broader recommendations include the following:-

1.    No reserves used for pedestrian access should be considered for disposal in the absence of pedestrian and cycle usage counts, a basis of sustainability principles, “overwhelming community support” and a coordinated, consistent approach by all Council units.

2.    For reclassification of public land, Council should give personal notification: Note by staff: As described above, this policy had been followed, as Council sent individual letters to the several hundreds of owners of all properties adjacent to the reserves.

3.    For the future, Council should adopt a formal, written Public Land Notification Policy to set out criteria for reclassifying community land.

4.    In reclassification proposals, Council should produce to the hearing probative material which would justify a sale or other alienation of the subject land.

5.    Council should adopt a transparent, open and fully accountable approach with respect to any sale or other alienation of public land. Note by staff: Council already adopts this principle, and does not offer land only to the immediate adjoining landowners except, as the hearing report states, where they are expected to be the only persons interested in acquiring the land.

 

Additional Comments by Staff

 

(i)      Staff evidence: The Public Hearing Report refers to “a number of the reserves… that are used as public laneways, some of which are officially signposted as such by Council.  Interestingly, Council chose not to show me any photos of those signs, but a resident did at the hearing” (page 8).

 

Council has subsequently obtained from Dr Ellis-Jones, on 12 June 2012, a clarification to the effect that:-

 “I am not of the view that any member of staff withheld, or sought to withhold, information or material from the hearing. It was not my intention to imply in my report that that had occurred, and my report should not be read or construed that way. Whilst I rejected certain submissions that had been made to me by staff on behalf of the Council, I am of the view that staff acted at all times honourably.”

 

(ii)     Editing - legislation: The requirement under section 29 of the Local Government Act to undertake a public hearing is now made under section 57 of the Environmental Planning & Assessment Act 1979, formerly section 68 as referred to in the Public Hearing report.

 

(iii)    Editing – covenant: The planning proposal states that “nil” trusts, estates, interests, dedications, conditions, restrictions or covenants etc apply to the land which would need to be discharged.

 

The Major Projects Section has advised in relation to the isolated Fleming Street site that, whilst there is no site-specific restriction applying to this land parcel, Standard Caveat K200000P and Restriction as to Use Q23852 apply to this land, being generic provisions generally affecting public reserves. The restriction relates to the erection of the fencing separating the reserve from adjoining lands requiring the consent of Council, which will be no longer necessary for this site.

 

Council is requested to amend the planning proposal to remove this restriction as to user and standard caveat on the land.

 

Conclusion

 

The exhibition of this planning proposal for the reclassification of certain reserves, and subsequent public hearing, have been undertaken in accordance with the Environmental Planning & Assessment Act 1979 and Local Government Act 1993 and with Departmental requirements.

 

The Public Hearing Report recommends that:-

(i)          two drainage reserves and one isolated public reserve should proceed to operational classification, on the grounds that they have insufficient public benefit due to isolation, site configuration and/or historic encroachments,

(ii)         the other ten drainage reserves should retain community land classification, (including those recommended to remain community land by Council prior to the hearing).

 

The recommendations of the hearing report regarding the proposed reclassifications are supported, having regard to the thorough consideration it has given to both community and Council submissions. The recommendations relating to other matters, including public land disposal, the pedestrian and cycling network etc, are also supported as being appropriate for staff to investigate and advise Council in due course.

 

 

RECOMMENDATION

That Council:-

1.         Note the Public Hearing report by Dr Ian Ellis-Jones dated 5 June 2012.

2.         Amend the planning proposal to remove the restrictions as to user and standard caveat i.e. Standard Caveat K200000P and Q23852 applying to the public reserve in Fleming Street (Lot 9 DP 253441).

3.         Request the Department of Planning & Infrastructure to reclassify the following three reserves to operational from community land:-

a.  89A Centennial Avenue and Hallam Avenue (Lot 114, DP 9653);

b.  26A Garling Street (Lot 13, DP 19114); and

c.  Fleming Street (west of 29A) (Lot 9 DP 253441)

            and to remove public reserve status including obtaining any appropriate approval of the Governor under section 30(2) of the  Local Government Act 1993.

4.         Not proceed to reclassify the other reserves exhibited in draft Planning Proposal 4/1011.

5.         Write to all those who made submissions to the public exhibition and public hearing, advising them of the Council’s resolution and the availability of the Public Hearing Report on Council’s website and at Council offices.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Report on Public Hearing

14 Pages

 

 

 


Ordinary Council Meeting 18 June 2012

Policy on the Use of Public Open Space by Commercial Fitness Groups and Personal Trainers

 

 

Subject:          Policy on the Use of Public Open Space by Commercial Fitness Groups and Personal Trainers    

Record No:    SU1278 - 28212/12

Division:         Open Space and Urban Services Division

Author(s):      Susan Butler 

 

 

Executive Summary

 

The Draft Policy on the Use of Public Open Space by Commercial Fitness Groups and Personal Trainers has been on public exhibition and a number of submissions have been received. Some amendments have been made to the Draft Policy following the consultation period and the final Policy is now ready for adoption by Council.

 

Background

 

Both the Local Government Act 1993 and the Crown Lands Act 1989 have provisions which govern the use of Public Open Space and the requirement for any person engaging in a trade or business within that Public Open Space to obtain Council approval. The Draft Policy on the Use of Public Open Space by Commercial Fitness Groups and Personal Trainers was developed as there is a need for a policy to regulate the use of Public Open Space by organised commercial fitness groups and personal trainers who wish to use Public Open Space under the care, control and management of Lane Cove Council for running their business.

 

The Draft Policy and Draft Licence Agreement were tabled at the Council meeting on 5 March 2012. Community consultation then took place over March and April in accordance with the consultation strategy outlined in the report. An advertisement was placed in the North Shore Times, e-newsletters were sent out, there was an online exhibition and the Draft Policy was displayed at the Civic Centre and Lane Cove and Greenwich Libraries. Fitness Australia, local fitness companies and residents who had expressed concerns about commercial fitness groups and personal trainers were also notified. There was also an editorial in the North Shore Times.

 

Discussion

 

Twenty (20) responses were received from residents and personal trainers and a submission was submitted by Fitness Australia.

 

A summary of the issues raised in the submissions is below:-

 

Issue and Comments Received

Response

Council should be supporting fitness training not restricting access:-

·    Council should be supporting the use of Council space for fitness activities;

·    Council will curb desire of local residents to exercise and develop or maintain fitness on Council grounds;

·    Council would prevent people from exercising in their local parks;

·    Group exercise preferred for motivation and encouragement;

·    As long as people don’t make noise or damage property, no reason to limit training in parks;

·    Policy is in conflict with Strategic Community Plan and Social Plan – policy restricts reasonable use of public land through unreasonable time and space restrictions;

·    Policy is discriminatory, it addresses the requests of a few rather than community as a whole;

·    Person with good fortune to live close to park can dictate what hours and what use other rate payers make of the space;

·    Conditions seem very reasonable regarding safety and consideration of neighbouring properties.

Council is supporting fitness training, but is regulating the use so that other residents are not adversely affected by noise generated by these activities in the early morning.

 

Council needs to address concerns expressed about impacts of trainers on neighbours

 

Reason to limit trainers to those areas large enough to provide room and separation from neighbours.

Ratepayers paying twice:-

·    Rates paid should entitle residents to use grounds for these types of activities, rate-payers who are essentially paying twice to use Council facilities;

·    Clients are local people who pay rates and should be able to use the park to exercise;

·    Local training groups are local rate payers, otherwise entitled to use ground without restriction if not under guidance of trainer;

·    Council doesn’t charge someone running around the oval 30 times or use play equipment or levy paid nannies using play equipment.

·    Need for a blanket licence fee is inappropriate;

·    Why charge a levy because someone needs help to be motivated;

·    The residents who engage them who bear the cost as most personal trainers make very little profit margin.

The Local Government Act 1993 requires that people engaging in a trade or business in a park need to obtain Council approval for that activity and to check insurance.

 

There is an administrative cost to Council to process and manage this approval.

Noise from other activities:-

·    Sporting clubs, schools and corporate groups cause the increased noise level that disrupt local residents and are excluded from this policy;

·    Don’t make as much noise as construction workers, buses, garbage trucks, dogs and their walkers, swimming pool, Kookaburras;

·    What is the evidence of noise - most of these activities are completely noiseless, very low level talking and faint noise from pad boxing;

·    Small groups do not make any more noise than a couple of kids playing in the park;

·    The larger the group the louder the noise level, groups of 20+ make a lot of noise.

Sporting clubs, schools and corporate groups already need to obtain separate approval under the park booking system.

 

There have been a number of complaints from local residents.

 

Council will regulate the size of groups.

Time restrictions:-

·    7 am start is unfair, swimming training can start earlier;

·    8 am start penalise locals, only time slot is between 6 and 7 am, early morning start is the only window available to working mothers;

·    Is the purpose of the time limit to preserve undisturbed use of park by locals.

·    If intention of start time is to restrict noise then it is duplicated by other conditions;

Lane Cove Aquatic Centre opens at 6 am, excepting on public holidays.

 

8 am starting time to be amended to 7 am.

 

Exclusion zones:-

·    Question the size of the exclusion zones – there may not be any area left;

·    50 m qualification will not solve the problem, running around the oval quickest way to get fit;

·    Some parks aren’t big enough for rotation of activities, breached at most grounds in Lane Cove.

50 m exclusion zone only applies before 7.00 am.

 

Only larger neighbourhood parks and sportsgrounds will be specified in Agreement.

Basis and amount of the fee:-

·    Fee should cover cost of licence and staff time to carry out necessary checks and maintain data base of licensed operators;

·    Work required by Council to ensure fitness trainers carry appropriate insurance and first aid qualifications;

·    Licence fee should not include any revenue raising;

·    Charging a fee only for Council to make money, fee is excessive;

·    Suggest separate category for small groups of ratepayers (less than 8), no fee, rate payer get the trainer to sign sections re insurance, first aid, registration;

·    People earning money on Council land should contribute to the costs;

·    People who conduct money earning activity should provide funds to council and pay for repair of any damage, care and effort put into keeping area in good shape;

Fees are similar to neighbouring Councils.

 

Propose $25/week licence fee for each individual trainer.

 

Keep policy and fee structure simple.

Enforcement of policy:-

·    No finish time stated;

·    If parks are closed – how does this apply;

·    How will policy be enforced and to what level;

·    What will be the penalties for breaches of the Policy;

·    How will existing users be notified of new policy;

·    Council needs to observe park activities as well as rely on feedback from residents;

·    How to draw a line between exercising with friend or with trainer.

Finish time to be specified in Agreement.

Ground closures in wet weather apply.

Penalty for breach of Policy could be direction to move on or termination of Agreement.

A variety of techniques will be used to notify existing users.

Council process:-

·    No consultation about preparation of draft policy, exhibition over school and religious holidays, no attempt to engage with actual users – undue process;

·    Restrictions are a knee-jerk reaction to isolated instances designed to appease a vocal minority.

Draft policy on exhibition for 6 weeks, open for comments, e-newsletter sent out to over 3,500 people, draft policy very similar to many other Councils.

 

The proposed amendment to the draft Policy is in Section 5 - Exclusion Zones. The draft included a prohibition on activities within 50 metres of any neighbouring residential property before 8:00 am. This was an error in the draft and should have referred to 7.00 am. It is proposed to amend the 4th bullet point to:-

 

·    Within 50 metres of any neighbouring residential property before 7.00 am.

 

This proposed amendment has now been made to the Draft Policy. The amended policy is attached as AT-1.

 

Any changes to the Personal Fitness Trainer Licence Agreement will be handled administratively, in accordance with the adopted Policy.

 

The draft Fees and Charges currently on exhibition retain the previous fees of a seasonal rate of $150.00 per month or $1,600.00 per year (including GST) or a casual rate of $66.00 per hour (including GST) for up to 12 clients per session, maximum 10 hours per week. Fitness Australia recommends realist terms that encourage compliance. The high cost of the annual fee may deter personal trainers from applying for approval from Council. A lower rate based on a unit weekly rate of $25 per week (including GST) may encourage more personal trainers to apply to Council.  This amendment is included in the recommendation of the report on the “Results of the Consultation on the 2012/13 Draft Delivery and Operational Plan, Draft Budget and Fees and Charges”.

 

Implementation of the new Policy will begin following adoption. Information will be included on Council’s website, e-newsletters will be sent out alerting residents to the new Policy, temporary notices will be erected in parks and sportsgrounds.

 

Conclusion

 

The submissions have been reviewed and an amendment has been made to the Draft Policy.

 

 

RECOMMENDATION

 

That the amended Policy on the Use of Public Open Space by Commercial Fitness Groups and Personal Trainers dated June 2012 be adopted.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

Policy on the Use of Public Open Space by Commercial Fitness Groups and Personal Trainers

5 Pages

 

 


Ordinary Council Meeting 18 June 2012

Construction Hours for High Impact Noise and Haulage Elements of Development Proposals

 

 

Subject:          Construction Hours for High Impact Noise and Haulage Elements of Development Proposals    

Record No:    SU1802 - 28713/12

Division:         Environmental Services Division

Author(s):      Michael Mason 

 

 

Executive Summary

At the Ordinary Council Meeting of 21 May 2012 Council considered a report on construction times for the Mowbray Road Precinct and resolved to:-

“…amend construction times for all development consents issued in the Mowbray Road Precinct as follows:-

“All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted as follows:-

Monday to Friday (inclusive)           7am to 5.30pm

Saturday                                          7am to 4pm with no excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken.  Failure to fully comply will result in the issue of a breach of consent P.I.N.

Sunday                                            No work Sunday or any Public Holiday.”

 

A matter arising resulting from consideration of this report requested that a further report be submitted to Council regarding amending construction times for all developments consents within the Lane Cove Local Government Area (LGA). 

 

It is recommended that the restrictions on excavation and haulage truck movements adopted for multi unit developments within the Mowbray Precinct be expanded to apply to the entire LGA.

 

Discussion

 

At the Ordinary Council Meeting of 21 May 2012 Council considered a report on Construction times for the Mowbray Road Precinct as shown in AT-1.  They resolved to amend construction times in the precinct as detailed above.  Furthermore, Council unanimously resolved the following as a Matter Arising:-

 

…that a further report be submitted to Council regarding amending Council construction times for all development consents within the LGA as follows:-

 

All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted as follows:-

Monday to Friday (inclusive)    7am to 5.30pm

Saturday                                   7am to 4pm with no excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken.  Failure to fully comply will result in the issue of a breach of consent P.I.N.

Sunday                                     No work Sunday or any Public Holiday.”

 


Comment

 

As a result of the initial resolution, all future development consents issued within the Mowbray Road Precinct will contain the above restriction on Saturday development construction activities.

The call to extend the above restrictions on Saturday development activities has regard to the current and likely future construction of multi-unit flat developments permitted under LEP 2009.

 

Modern mutli-unit development designs now propose car parks, garbage storage and other uses underground which necessitates excavation of building foot prints of up to 6 to 9 metres depending on the original topography of the site.

 

This increase in excavation will often result in high impact noise if the excavation is into rock rather than soil.  Associated with the noise is the need to remove the excavated material from the site by haulage trucks.

 

This problem was first observed at the Mowbray Road precinct given the steep slope and underlying sandstone nature of many sites.

 

Notwithstanding the particular topographic characteristics of the Mowbray Road Precinct other sites in the Municipality have reported high impact noise and haulage associated with excavation activities.  The two sites along Burns Bay Road (288 and 290) come immediately to mind.

 

This Council has always placed high regard on the amenity of residents while recognising the need for development to occur.

 

While the current conditions of consent relating to excavation and haulage works on Saturday are adequate from a regulatory view, Council has made clear it has noise and traffic amenity concerns associated with multi-unit excavations.

 

Bearing the above in mind I would have no planning objection to an extension of the Mowbray Road Precinct, Saturday construction restrictions being expanded to apply to all work sites in the Municipality.

 

Conclusion

 

That having regard to the potential for high impact noise and haulage movements associated with excavation works to adversely impact on adjoining and surrounding neighbours that such works be limited to Monday to Friday inclusive.

 

RECOMMENDATION

 

That the current restrictions on excavation and haulage truck movements applicable for multi-unit developments in the Mowbray Road Precinct be expanded to apply to the entire Local Government Area of Lane Cove.

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Report on Mowbray Precinct Construction Working Hours for Saturday

3 Pages

 


Ordinary Council Meeting 18 June 2012

145-153 Longueville Road Lane Cove

 

 

Subject:          145-153 Longueville Road Lane Cove    

Record No:    DA12/1-01 - 28933/12

Division:         Environmental Services Division

Author(s):      Stan Raymont 

 

 

Property:                                 145-153 Longueville Road, Lane Cove

DA No:                                                D1/12

Date Lodged:                          3 January 2012

Cost of Work:                          Nil

Owner:                                                Department of Education and Communities

Applicant:                                My Local Markets Pty Ltd

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Use of Lane Cove Public School to operate a weekly (Sunday) Food and Growers’ Market

ZONE

R3  Medium Density Residential in Lane Cove Local Environmental Plan 2009

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes. Permissible under Division 3 Educational Establishments of State Environmental Planning Policy (Infrastructure) 2007

IS THE PROPERTY A HERITAGE ITEM?

Yes

IS THE PROPERTY WITHIN A CONSERVATION AREA?

No

IS THE PROPERTY ADJACENT TO BUSHLAND?

No

BCA CLASSIFICATION

Class 9b

STOP THE CLOCK USED

Yes, from 23.2.12 to 27.4.12

NOTIFICATION

Neighbours                          139c, 141, 143, 155, 162, 182, 184, 186, 188-190, 192-194, 196, 200 Longueville Road; 9, 11, 13, 15, 17, 19, 21, 21A, 23, 23A, 23B, 25 Austin Street and 1, 3, 5 Austin Crescent

                                             Simon Ambler of the Christian City Church was also verbally advised on the 19 January 2012

Ward Councillors                 The Mayor and all Councillors

Progress Association           RASAD

Other Interest Groups         Lane Cove Alive

REASON FOR REFERRAL

Called by Councillor Scott Bennison and also due to public

interest

 

EXECUTIVE SUMMARY

 

The proposal is to use the Lane Cove Public School to operate a weekly, of a Sunday, Food and Growers’ Market. The hours of operation would be from 8.00am – 1.30pm with a set up time from 6.30am to 8.00am and a pack up time from 1.30pm – 3.00pm.  The Austin Street school carpark would be used for the set up and pack up. 

 

It is proposed that the market would commence with 25 to 30 temporary stalls each 3m by 3m located at the front of the site and gradually increase to around 50 stalls within 36 months of commencement of the market.

 

A Traffic Impact Assessment report has been submitted to Council. The conclusion is that the proposed development is supportable on traffic planning grounds and could operate satisfactorily.

 

The Manager Traffic and the Director Major Projects have no objections and draft conditions are provided which are included in the recommendation in this report.

 

Eleven submissions have been received objecting to the proposal on the grounds of noise, days and hours of operation, traffic management and parking and waste management. The Christian City Church also made a submission. However, Your Local Markets have submitted a letter advising that a meeting has been held between the School Principal, Lisa Martin and representatives of the Church and have resolved all issues.

 

Three letters of support have also been received.

 

It is recommended that approval be granted to the proposed Food and Growers’ Markets for a trial period of six months for 30 stalls subject to draft conditions.

 

SITE

 

The subject site is the Lane Cove Public School which is located on the western side of Longueville Road and also has a frontage to Austin Street.  Existing improvements on the site consist of school buildings with two car parking areas accessed from Austin Street and one car parking area accessed from Longueville Road.  Site Plan and Notification Plan attached as AT-1 and AT-2.

 

PROPOSAL

 

The proposal is to use the Lane Cove Public School to operate a weekly, of a Sunday, Food and Growers’ Market.  The hours of operation would be from 8.00am-1.30pm with a set up time from 6.30am to 8.00am and a pack up time from 1.30pm-3.00pm.

 

The applicant has advised the following:

 

The market would commence with an initial placement of around 25 to 30 stalls.  In conjunction with a weekly review of weekly customer attendance figures at the market, stalls would gradually increase to around 50 within 36 months of commencement of the market.  However the number of stalls would depend on the size of stalls and the optimum placement of stalls on the site.

 

The initial placement of stalls would focus on producers and growers, in order to create a vibrant food and farmers’ market.  Invitations would be extended to producers and growers with a priority given to farms using organic or sustainable farming practices.  The range of stalls would include:-

·     Vegetables, fruit, herbs & spices;

·     Meats, seafood, poultry;

·     Free range eggs;

·     Deli products;

·     Dairy products;

·     Condiments;

·     Fresh pasta;

·     Dried fruit and nuts;

·     Freshly cut flowers and potted plants;

·     Honey;

·     Coffee and tea;

·     Cakes and desserts;

·     Pre-prepared meals;

·     Fresh juices and smoothies; and

·     Hot food stalls (for example, bacon and egg rolls/smoked salmon and egg rolls, pastries etc.)

 

A small allocation of market stalls would be dedicated to charities and community group stalls.  These would vary from week to week and may include:-

·     Lane Cove Council;

·     Lane Cove Alive;

·     OzHarvest (Your Local Markets’ nominated charity);

·     Permaculture North Community Garden;

·     Sydney Water; and

·     Local churches, school or community groups.

 

Market stalls would be set up under 3m x 3m temporary fete (gazebo) stalls with dressed trestle tables.  All stallholders would be required to provide their own temporary structure, not larger than 3m x 3m and trestle tables, or suitable display cabinets.

 

The stalls are all shown to be located at the front (Longueville Road frontage) of the site between The Terminus and 1891 buildings on the sides and with the Administration/Library building and the Amphitheatre at the rear (refer site plan AT-1).

 

The market would not require permanent signage, however Your Local Markets would like to temporarily erect “tear drop” signs on market days to signify that the market is open.

 

In the Traffic and Parking Management Plan it is stated:-

 

Parking available on site:-

·     There are two car parks on the site.  The main car park is situated on at the Austin Street entrance and is situated between Austin Street and the Administration building. This Austin Street car park has 15 car parking spaces. There is also another car park with an entry on Longueville Road near the Kamilaroi Retirement Home with a long, narrow driveway that leads to the car park, which is situated behind the Longueville Building and is adjacent to the 1891 Building and part of the school playground. This Longueville street car park has 8 car parking spaces. There are a total of 23 onsite car parking spaces in these two car parks. There is a fence between the playground and the Longueville Road Car Park.

·     Currently the Christian City Church (CCC) hires certain school buildings on a Sunday morning and uses the Austin Street Car Park at certain times. The two uses would operate concurrently.

·     The markets have agreed with the landowner, Lane Cove Public School, that it would use the Austin Street Car Park from 6.30am-8.00am, when the CCC does not use the Austin Street Car Park.  The markets would employ a parking attendant to ensure all stallholders have removed their vehicles by 8.00am and allow CCC personnel and parishioners to use the Austin Street Car Park until 1.30pm.  Consequently CCC and the markets would work together on a parking permit available for CCC personnel and parishioners will vacate the Austin Street Car Park and stallholders vehicles would be permitted to enter the car park to commence loading.  All stallholders’ vehicles would be removed from the Austin Street Car Park by 3.00pm.

 


Comments

 

It is Councils policy that the set up time start from no earlier than 7.00 am (refer draft condition 11).

 

Parking available surrounding the site

·     As the Lane Cove Public School Food & Growers’ Markets would be a local market promoted primarily within the school and local residential community, it is expected that many shoppers would arrive on foot. 

·     Any patrons to the Lane Cove Food & Growers’ Markets who do not arrive on foot and use a vehicle would use the available on-street parking.  There would be more available on-street parking on a Sunday morning as the bulk of traffic and parking issues arise in the surrounding streets on weekdays and particularly during school hours.

·     There are an additional 318 car spaces available to the public in the Lane Cove Market Square.  As the markets will be held on Sunday mornings, it is reasonable to expect that there would be some car spaces available in the Lane Cove Market Square car park.  Additionally, shoppers who park at Lane Cove Market Square for the purposes of shopping there may also decide to shop at the markets and vice versa.

·     There is also 2 hour parking nearby in the car park on Little Lane.  Additionally, the Rosenthal Carpark has 123 3 hour car parking spaces and 38 1 hour car parking spaces.

·     Initially it is estimated that the markets will launch with around 25-30 stallholders, who will be encouraged to park their vehicles around Pottery Green or in the car park behind Lane Cove Council. 

 

PREVIOUS APPROVALS/HISTORY

 

Council records do not indicate any relevant development applications.

 

REFERRALS

 

Development Engineer

 

The comments of the Development Engineer were requested on the proposal and draft conditions of consent are provided which are included in the recommendation in this report (refer draft conditions 16-20). These conditions relate to location of skip bins, construction management, public safety, public utilities and pedestrian safety.

 

Tree Assessment Officer

 

The comments of the Tree Assessment Officer were requested on the proposal and no objection is raised to the proposed use.

 

Manager - Environmental Health

 

The comments of the Manager - Environmental Health were requested on the proposal and there are no objections to the proposal. Although set up time of 6.30am on a Sunday may lead to a noise nuisance and he recommends a trial period of 7am as the start time. Regulatory draft conditions of consent are provided which are included in the recommendation in this report (refer draft conditions 9, 10 &11).

 

Council’s Manager - Environmental Health has stated that the stalls would be required to meet the requirements of NSW Food Authority’s Food Handling Guidelines for Temporary Events.  Manager - Environmental Health would have regular inspections to ensure compliance is carried out.

 

Toilet facilities are available on site for the use of the markets which is considered satisfactory.

 

Manager - Traffic and Director - Major Projects

 

The comments of the Manager - Traffic and the Director - Major Projects were requested and they required the submission of a Traffic and Parking Management report prepared by the applicant addressing parking and road capacity issues to reflect the time of the proposed market. The Traffic and Parking Management Report should take into consideration the Car Park usage of the Market Square Car Park.

 

A Traffic Impact Assessment Report from Traffix (Traffic and Transport Planners) has been submitted. The conclusions of the report are as follows:-

 

“Conclusions

 

In summary:-

·        The proposed markets are intended to serve the local community with a high proportion of walking and ‘multi-purpose’ visits to the locality.

·        Surveys were undertaken at the Northside Produce Market in North Sydney which is considered of a similar nature to the proposed markets.

·        The proposed markets will generate a parking demand for up to 94 spaces, including 30 stallholder vehicles plus up to 64 customer spaces. This is however a worst-case scenario and the demands are expected to be less for the reasons discussed.

·        There is nevertheless sufficient parking available within surrounding public car parking areas to accommodate the predicted increased parking demands associated with the development, with space public parking being available. The use of the Lane Cove Alive parking application will enable market visitors to select the most appropriate parking location prior to visiting the market.

·        The development will generate a peak of up to 288 vehicle movements. This can be readily accommodated by the surrounding road network with no change to exiting Levels of Service. Indeed, the modelling included in this assessment demonstrates that traffic volumes of even 600 vehicles per hour can readily be accommodated. This reflects the fact that the market is held on a Sunday, when ‘background’ traffic volumes are low and non-critical.

 

It is therefore concluded that the proposed development is supportable on traffic planning grounds and will operate satisfactorily.”

 

The comments of the Manager -Traffic were requested on the Traffic Impact Assessment Report. No objection is raised subject to draft conditions of consent which have been included in the recommendation in this report (refer draft conditions 4 – 8).

 

The comments of the Director - Major Projects were requested on the Traffic Impact Assessment Report who raised no objections and endorsed the comments of Manager - Traffic.

 


Building Surveyor

 

The comments of the Building Surveyor were requested on the proposal and draft conditions of consent for structural adequacy and disabled toilets are provided which are included in the recommendation in this report (refer Draft conditions 14 and 15).

 

Heritage

 

Lane Cove Public School is heritage listed and the comments of Council’s Consultant Heritage Adviser were requested on the proposal and are as follows:-

“I have reviewed the proposal for Weekly Food and Growers’ Markets to operate in the grounds of Lane Cove Public School.

The two storey “Longueville Building” and the “1891 Building” are listed heritage items.

The proposed market will operate only at weekends and comprise entirely of temporary stalls, erected immediately before and removed immediately after the operation of the markets.

The stalls are to be located in the eastern playground area of the school. Several of the stalls are located adjacent to the heritage buildings, however the fabric of these buildings is not affected in any way. All stalls are temporary and have no impact on the heritage significance of the heritage buildings or their curtilage.

Any activity which enhances the Lane Cove School and the use of its facilities for further community services at the weekend, with no negative impact on the heritage values of the school buildings is supported. I therefore have no objection to the proposal.”

 

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

 

The proposal is permissible under Division 3, Educational Establishments of the State Environmental Planning Policy (Infrastructure) 2007.

 

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.

 

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

 

The proposed use was notified to all adjoining and adjacent properties with eleven submissions received objecting to the proposal..  The issues raised in the submissions can be summarised as follows:-

 

“1.  Noise, days and hours of operation

            It is proposed that unloading of goods and erection of stalls to commence at 6.30am, which will be most disruptive particularly on a Sunday morning every week.

 

            It is further proposed to admit the public and broadcast music via loud speakers commencing at 8.00am.  Families and children will be entering the market via the school’s main entrance gates in Longueville Road, which will be a noise generating activity.

 

            They suggest that:

            a.         consideration be given to holding the markets on a Saturday not Sunday;

            b.         the frequency of the markets is reduced to monthly or fortnightly; and

            c.         that setup is not permitted to commence some say before 7am, some say before 7.30am and some say 8am.

 

Comment

 

It is recommended that the setup time start from 7.00am in line with standard start times for development as a condition of consent (refer draft condition 11).   It is also recommended that the proposed use be for a trial period of 6 months during which any noise and traffic impacts would be monitored.

 

To reduce the impact of noise, the applicant has provided a draft plan of noise management which states:

 

No spruiking using electronic equipment would be allowed on the market site, however stallholders will be allowed to seek out customers to their market stalls using old fashioned methods.

 

No public entertainment, as defined under Environmental Planning and Assessment Act 1979, would be provided within the market.

 

Acoustic, ambient background music would be provided to enhance the market feel, and atmosphere.  This may include acoustic instrumental and vocalists with minimal amplification, but will be sufficiently clear of Kamilaroi Retirement Village and CCC activities.

 

Security personnel will ensure noise from the public is kept to a minimum and does not disrupt Church services.

 

This is considered satisfactory subject to a draft condition that no music amplification be permitted (refer draft condition 21).

 

2.         Traffic Management and Parking

 

            They understand that Council has commissioned a Traffic Management Study from the proponent.  They note that parking is already saturated in Longueville Road, and they regularly experience illegal parking in front of their residence and worse, parking across their driveway.  They believe that Longueville Road is inappropriate for public access to this market.

 

            Their concerns relating to the traffic management are:-

·     There is no provision for onsite parking for the stall owners.

·     There is limited all day parking on Longueville Road.

·     Residents living on Longueville Road already have difficulties finding an adequate car park (including Sundays).  The presence of a weekly markets being held on the school premises will add to this burden.

·     It is not unreasonable to believe that the stall owners (should onsite parking not be provided), will occupy the limited car parks for the period of the day.

 

They therefore request, that should this application be approved, lane Cove Council stipulate that stall owners be provided with on site parking.

 


 

Comment

 

The applicant was required to and has submitted a Traffic Impact Assessment.  The Manager Traffic and the Director Major Projects have listed draft conditions of approval (refer to draft conditions 4-8).

 

3.         Waste Management.

 

            Concerned about the management of waste, particularly to avoid some of the adverse consequences of additional litter in the street and the unauthorised use of their garbage bins.

 

Comment

 

The applicant has provided an on going waste management plan which includes the use of school bins and additional bins which would be located on site.

 

The Manager Environmental Health has advised that the proposed waste management plan is considered satisfactory (refer draft condition 22).

 

The proposed markets are not covered by Council’s Sustainability Events Policy which only applies to Council events.

 

4.         C3 Church of Lane Cove who have used the school on Sundays for 27 years.

 

            Had concerns regarding the use of the car parks, the management of the car parks, the control of noise so as not to disrupt church services, use of toilets and patron vehicle usage.

 

Comment

 

A letter has been submitted from Lisa Martin of Your Local Markets dated 9 February 2012 advising that Gemma Acroyd, Principal of Lane Cove Public School and her have met with Mr. Ambler and Joel Reid of CCC and have resolved all the issues raised in the letter from the CCC received by Council on 2 February 2012.

 

Three letters of support have been received from:

·     Local Co-ordinator, Lane Cove Group Permaculture Sydney North;

·     Lane Cove Alive; and

·     Lane Cove Sustainability Action Group.

 

CONCLUSION

 

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

 

It is considered that an approval for a trial period of six months should be granted, at which time the approval lapses and a further application must be submitted for any extension of time.

 


 

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 D1/12 for the use to operate a weekly food and growers’ market (Sundays) at the Lane Cove Public School, known as 145-153 Longueville Road, Lane Cove, on a 6 month trial basis and subject to the following conditions:-

 

1.       (20) That the development be strictly in accordance with drawing numbers 0903 dated July 2011 and 0903 sheet 1/2 dated 5 August 2011 by Architects Johannsen & Associates except as amended by the following conditions.

 

2.       A parking attendant is to ensure the safe and efficient movement of vehicles and that vehicles of stallholders have vacated the school by 8am.

 

3.       This approval being for a trial period of six months at which time the approval lapses and a further application must be submitted for any extension of time of the use.

 

4.       This approval is subject to the number of stalls being a maximum of 30.

 

5.       Any traffic or pedestrian control that is required during the event shall require accredited traffic controllers to remove or install traffic devices, such as barricades, cones, signs etc.

 

6.       No road, footpath or access closures shall be permitted during the Lane Cove Food & Growers Event or during the set up or pack up times.

 

7.       Any vehicles associated with the operation of the market are required to park only in legal parking areas.  Loading or unloading on the road and footpaths shall not be permitted.

 

8.       The applicant shall provide a minimum of 24 hours notice to all Emergency Services (Police, Ambulance and Fire Brigade) in relation to the scheduled dates and the times of the proposed markets prior to such markets commencing.

 

9.       If any adverse traffic or parking impacts are identified following the introduction of the Growers Markets, Council will be reviewing and reassessing the operation of the markets and its traffic impact to the community.

 

10.     All individual market stall holders are to register their details with Lane Cove Council and apply for a temporary food event licence.  In addition all proprietors are to register their business with the NSW Food Authority (www.foodnotify.gov.au).

 

11.     All food stalls are to operate in accordance with the Food Act and the Food Standards Code and the NSW Food authority’s guidelines http://www.foodauthority.nsw.gov.au/industry/industry-sector-requirements/markets-and-temporary-events (copy attached).

 

12.     The hours of operation being from 8.00am-1.30pm of a Sunday with a set up time from 7.00am to 8.00am and a pack up time from 1.30pm-3.00pm.

 

13.     All vehicles used in the setting up and packing up using the Austin Street carpark.

 

14.     The Longueville Road carpark not being used for the setting up, packing up or parking of a Sunday.

 

 

15.     The temporary structures must be erected and secured in accordance with the manufactures/structural specifications and Australian Standard 1170.2:2002, Structural design actions – Wind actions, to ensure they are structurally sound and can withstand likely wind in the locality and any likely live loadings.

 

16.     Disabled toilets in accordance with the requirements of the Building Code of Australia being provided during the opening hours of the markets.

 

General Engineering Conditions

17.     (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. 

 

18.     (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.

 

19.     (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.

 

20.     (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.

 

21.     (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’.

 

22.     No music amplification is permitted.

 

23.     The applicant shall comply with the submitted waste management plan

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Site Location Plan

2 Pages

 

AT‑2 View

Neighbour Notification Plan

2 Pages

 

 

 


Ordinary Council Meeting 18 June 2012

2 Little Street, Lane Cove (Lane Cove Aquatic Centre)

 

 

Subject:          2 Little Street, Lane Cove (Lane Cove Aquatic Centre)    

Record No:    DA12/30-01 - 24103/12

Division:         Environmental Services Division

Author(s):      Wayne Siwak, Consulting Town Planner 

 

 

Property:                                 No.2 Little Street, Lane Cove (Lane Cove Aquatic & Leisure Centre) being Lots A & B DP 40829, Lot 2 DP 326066, Lots 5 & 6 DP 12618, Lots 54-58 and Lots 94-96 DP 5922

DA No:                                                D30/12

Date Lodged:                          9 March 2012

Cost of Work:                          $2,500,000.00

Owner:                                                Lane Cove Council

Applicant:                                BlueFit Leisure Pty Ltd

 

DESCRIPTION OF PROPOSAL TO APPEAR ON DETERMINATION

Alterations and additions to Lane Cove Aquatic & Leisure Centre and the erection of an illuminated flush wall sign

ZONE

RE1 Public Recreation under Lane Cove Local Environmental Plan 2009

IS THE PROPOSAL PERMISSIBLE WITHIN THE ZONE?

Yes – subject to the consent of Council

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 9b + 6

STOP THE CLOCK USED

no

NOTIFICATION

Neighbours                              Nos.3-15 Little Street, Nos.2-30 Phoenix Street, Nos.42-160 Longueville Road, No.1 Central Avenue, Lane Cove

Ward Councillors                    East Ward – Councillors P. Palmer (Deputy Mayor), D. Brooks-Horn & R. Tudge

Progress Association              Osborne Park Residents Association Inc.

Other Interest Groups             No submissions were received to the proposed development

 

REASON FOR REFERRAL

 

The application has been referred to Council for determination as Council is the owner of the subject land.


EXECUTIVE SUMMARY

 

·    This proposal is for the 'Alterations and additions to Lane Cove Aquatic & Leisure Centre and the erection of an illuminated flush wall sign'.

 

·    The proposal was notified in accordance with Council's notification policy and no submissions were received.

 

·    The proposal is a permissible form of development within the RE1 Public Recreation Zone and satisfies Council’s relevant planning standards and controls. The proposed development satisfies the general aims and zone objectives of Lane Cove Local Environmental Plan 2009. The proposed development complies with the relevant controls under Lane Cove Development Control Plan 2010. The proposed development is consistent with the elements of the 'Lane Cove Aquatic Centre Master Plan (May 2009)'.

 

·    The proposed works will enhance the appearance of the building from the Little Street frontage and it will improve the function of the Centre. The Centre will continue to provide a valuable and much needed community facility in the area.

 

·    The proposal is supported and recommended for approval subject to conditions of consent.

 

SITE

 

The site is described as Lots A & B DP 40829, Lot 2 DP 326066, Lots 5      & 6 DP 12618, Lots 54-58 and Lots 94-96 DP 5922 No 2 Little Street, Lane Cove. The subject site (Lane Cove Aquatic and Leisure Centre) is located between Little Street and Phoenix Street immediately south of the Lane Cove Civic Centre.   Site Plan and Notification Plan attached (AT-1 and AT-2).

 

Refer to aerial photo of the subject site below.

Source: RENO Group Pty Ltd

 


EXISTING DEVELOPMENT

 

A part one and two storey building and outdoor 50 metre swimming pool with associated grandstand and facilities are located on the subject site. The existing building contains an indoor recreational facility. The indoor recreational centre contains the following:-

 

Upper Level

·    A lobby and reception area;

·    A gymnasium and weight training room;

·    Staff amenities and facilities; and

·    A crèche.

 

Lower Level

·    A spa pool, sauna and steam room;

·    A free form leisure and play pool;

·    A warm water program pool;

·    A 25 metre indoor swimming pool;

·    A change room and locker facilities; and

·    An ancillary kiosk and retail area.

 

Plant Level

·    Plant rooms;

·    Water tanks; and

·    Amenities.

 

A 50 metre outdoor swimming pool and associated grandstand with facilities is located on the site. Council's Youth Club is accommodated under the existing grandstand.

 

The existing creche is used by patrons of the Centre and child minding is available for a maximum of one (1) hour. No changes are proposed to the maximum one (1) hour child minding policy.  

 

BACKGROUND

 

·     A Pre-Development Application meeting was held on 25 October 2011 with the applicant and Council to discuss the proposed development. A range of issues were covered at this meeting and, in particular, various aspects of Councils preferred approach to the development and the range of possible options.

·     The applicant has indicated that the construction cost is to be less than $5 million. Also they have confirmed that the valuation is based on the ‘Capital Investment Value’ (CIV) as defined under Part 3A of the Environmental Planning & Assessment Act, 1979. The proposed development has been assessed to have a CIV less than $5 million ($2,500,000.00) and therefore is not required to be referred to the Joint Regional Planning Panel for determination.

 

·     The Centre provides the community with indoor and outdoor swimming facilities and complementary health and fitness facilities. The Centre provides a valuable facility for local residents attracting over 600,000 visits per year. 

·     The current indoor facilities in the Centre, which were opened in 2001, represent an expansion of the original 50 metre outdoor swimming pool and grandstand complex, which was opened in 1961.

 

·     The Aquatic and Leisure Centre is owned by Lane Cove Council and its operation and management have been contracted to the 'BlueFit Pty Ltd'. It should be noted that 'BlueFit Pty Ltd' currently lease space as a fitness centre in the nearby commercial building at Nos 42-46 Longueville Road. The current fitness facility at Nos 42-46 Longueville Road will be relocated to the Lane Cove Aquatic and Leisure Centre.   

 

·     The Council in August 2008 engaged 'Sport & Leisure Solutions' to develop a Master Plan for the future development of the Centre. The master planning process involved consultation with the general public and identified that there was sufficient demand and support for an expansion of the Centre in the short to medium term. The Master Plan (Final Report May 2009) proposed a staged development plan. The proposed alterations and additions are in accordance with the provisions/elements of the 'Lane Cove Aquatic Centre Master Plan (May 2009)'.     

  

PROPOSAL

 

The proposal consists of the following:-

 

·     The application involves alterations and additions to the Lane Cove Aquatic & Leisure Centre and the erection of an illuminated flush wall sign. The proposed works are consistent with the elements of the 'Lane Cove Aquatic Centre Master Plan (May 2009)'.   

·     Upper Level

Demolish and remove existing concrete stairs and handrails to the Centre. Replace with landscaping.

The installation of a lift and metal stairs near the new entry to the fitness centre.

Enlargement of the existing entry landing and the construction of a new metal stairway linking the landing to the lower floor level.

Infilling of voids to increase the floor area of this level - new mezzanine office & addition to fitness centre.

Re-partitioning of this level to provide enlarged and improved change rooms and toilets associated with the fitness centre.

New staff and reception areas associated with the fitness centre.

Increase the area available for the gymnasium and the aerobics studio associated with the fitness centre.

Internal works to separate the fitness centre from the lower floor level swimming and leisure facilities.

Modify the entry to the existing creche to enable it to be used in conjunction with both the fitness centre on the upper floor level and the swimming and leisure facilities on the lower floor level. 

Removal of three (3) trees in the Little Street setback.

Construction of a new metal awning over the proposed new entry to the swimming and leisure facilities.

·     Lower Level

The construction of a new entry to the swimming and leisure facilities from Little Street. Includes construction of new 2400H x 1800W sliding glass door opening to existing precast concrete wall; construction of new concrete ramp, landing and kerbs; demolish and remove existing garbage enclosure; and construct new concrete stairs with handrails.

Construction of a new lobby, reception, internal stairs (to mezzanine offices) cafe and shop to the swimming and leisure facilities.

Construction of a new light-weight terrace/deck and glass balustrades to provide a seating area associated with the café.

Installation of a platform lift linking the lower floor level to the upper level.

Construction of new entry gates from Little Road to facilitate access to the outdoor pool by schoolchildren for swimming carnivals.

·     Plant/Concourse Level

o Construction of a new spin room, with a floor area of 50 sqm, under the proposed terrace at the lower floor level.

·     The proposed development will provide 212sqm of additional floor area. The additional floor area includes infilling of the voids on the upper level and providing a new spin room at the plant/concourse level.

·     The development proposes the erection of a 3.77m x 2.7m illuminated flush wall sign reading "Lane Cove aquatic leisure Centre" adjacent to the proposed entry to the swimming and leisure facilities at the lower floor level. 

SURROUNDING AREA

 

The subject site is located adjacent to the northern entry to the Lane Cove Town Centre.

 

To the north of the site is the Lane Cove Civic Centre. The Civic Centre consists of a part 2 and 3 storey building which is separated from the Aquatic & Leisure Centre by a staff and public car park.

 

To the south of the site is a 2 storey brick building located adjacent to Phoenix Street which contains the Lane Cove Occasional Child Care Centre at the upper level and amenities associated with the Pottery Green clubhouse at the lower level, a playing oval, and equipment associated with the outdoor pool in the Aquatic & Leisure Centre.

 

To the east of the site is a 2 storey commercial building, 1 and 2 storey detached dwelling houses.

To the west of the site is a part 2 and 3 storey building (Longueville Hotel), Little Street car park and a 3 storey residential flat building.   

 

It is considered that the proposed development is in keeping with the existing and likely future development of the surrounding area.

 


INTEGRATED DEVELOPMENT AND CONSENT AUTHORITY

 

The State Government has established Joint Regional Planning Panels to provide independent, merit-based decision-making and advice to the Minister on regionally significant development proposals. Regional Panels consist of members appointed by State Government and Local Council. Regional Panels commenced operation on 1 July 2009 in five regions of NSW and in the Western Region on 1 September 2009. Development with a Capital Investment Value (CIV) over $5 million (for Local Government Project) requires referral to a Joint Regional Planning Panel for assessment/determination. The applicant has advised that the proposed development has been assessed to have a CIV less than $5 million ($2.5 million) and therefore does not require determination by the Joint Regional Planning Panel. Lane Cove Council is the consent authority for this Development Application.

 

The scale and location of the proposed development does not represent a Schedule 3 (Traffic generating development to be referred to the RMS) Column 1 or 2 and 3 type development under State Environmental Planning Policy (Infrastructure) 2007. Therefore, the proposal does not require referral to the Roads and Maritime Services (formerly the Roads and Traffic Authority).

 

PLAN OF MANAGEMENT

 

As already mentioned the Council in August 2008 engaged 'Sport & Leisure Solutions' to develop a Master Plan for the future development of the Centre. The master planning process involved consultation with the general public and identified that there was sufficient demand and support for an expansion of the Centre in the short to medium term. The Master Plan (Final Report May 2009) proposed a staged development plan which included the following elements: -

  

·    New Entry: Demolish existing kiosk and aquatic office. Form new entry in existing pre-cast concrete wall, create new at new location, install new stairs and lift.   

·    Cafe Terrace: Form new elevated cafe terrace between new cafe and learn to swim works. Required to expand outdoor leisure area to support the social aspect of use.

·    New Administration: Provide new admin. & staff areas to retain close proximity to entry. Incorporates some stair and lift works.

·    Upgraded Change Rooms: This will involve cosmetic changes such as titling, painting and new fixtures and fittings.

·    New Program Pool & Change: Provide 200sqm program (LTS) pool with associated family change village, spa and aquatic storage. This will alleviate the current demand on existing change rooms.

·    Create New Linkage Walkway: Create new link from new admin. and entry stairs/lift across to program room. Required for compliant access solution and future linkages back to health and fitness areas.

·    New Program Room: Create new 300sqm program room over new program pool. To incorporate storage, dedicated mechanical plant and alternate escape stair. 

·    Expanded Gymnasium: Demolish existing toilet, in-fill void and expand gym to maximise available floor space. Include expanded concrete slab over existing columns (over leisure pool & 25m pool seating).

·    New Health & Fitness Change Rooms: Demolish existing admin. and provide dedicated health and fitness change, including accessible change.

·    New Members Entry: Convert existing entry point into a health & fitness members entry.

·    Convert Existing Program Pool to a Hot Water Program Pool: This will provide a dedicated hydrotherapy pool within the current facility to cater for growth in this market.

·    Install Additional Water Play Features In and Around The leisure Pool: This will enhance the experience for children and families at a relatively low capital cost.

Comment

 

The proposed development is consistent with the above elements of the 'Lane Cove Aquatic Centre Master Plan (May 2009)'.

 

ASSESSMENT

 

This report examines the town planning controls and potential impacts relevant to the proposed development. The following standards and controls need to be considered:

 

Environmental Planning and Assessment Act 1979 (as amended)

 

The following matters must be taken into consideration when assessing a development application pursuant to Section 79C of the Environmental Planning and Assessment Act 1979. The preceding sections of the report are an assessment of town planning and environmental matters that relate to the proposed development. The assessment includes those matters that are relevant to this development under Section 79C (1) of the Environmental Planning and Assessment Act 1979. The relevant matters are:

 

Objects of the Environmental Planning and Assessment Act, 1979

 

It is considered that the proposed development satisfies the Objects of the Environmental Planning and Assessment Act, 1979.

“Objects of this Act are:-

 

(a)     to encourage:

(i)    the proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment,

(ii)   the promotion and co-ordination of the orderly and economic use and development of land,

(iii)  the protection, provision and co-ordination of communication and utility services,

(iv)  the provision the provision of land for public purposes,

(v)   the provision and co-ordination of community services and facilities, and

(vi)  the protection of the environment, including the protection and conservation of native animals and plants, including threatened species, populations and ecological communities, and their habitats, and

(vii) ecologically sustainable development, and

(viii)          the provision and maintenance of affordable housing, and

(b)     to promote the sharing of responsibility for environmental planning between the different levels of government in the State, and

(c)     to provide increased opportunity for public involvement and participation in environmental planning and assessment.”

 

Comment

 

The proposed development will not adversely impact on the surrounding properties in terms of privacy, solar access and views. Therefore, the existing environment will be adequately protected but at the same time will allow a suitable development to proceed. The use of the land for a recreational facility is considered to be an orderly and economic use of the subject land whilst ensuring that the development reflects the existing and likely future character of the locality and environment. Existing utility services are also available to the subject site. There are also medical facilities (within the Lane Cove Town Centre), shops (within the Town Centre) and public transport (nearby bus interchange) in close proximity to the subject site. Overall, the subject site is well serviced by existing infrastructure. The existing environmental quality and capacity of the precinct will be retained with the development being compatible and sympathetic with surrounding development in the area. The proposed development will be energy efficient and will sustain ecological processes in the locality as far as practicable so as to promote human health and a healthy environment. The public interest is well served by the proposed development. In view of the careful design, nature and scale of the development and its location, it is considered that the health and safety of the public will not be adversely affected.

 

Section 79C(1)(a) the provisions of: (i) any environmental planning instrument

Lane Cove Local Environmental Plan 2009 (LEP)

 

An assessment of the proposed development under Lane Cove Local Environmental Plan 2009 is provided below:

 

Relevant Clauses under the Lane Cove LEP 2009

 

The relevant clauses to be considered under LEP 2009 are as follows:

 

Clause 1.2 - Aims of the Plan

 

Comment

 

The applicant has adequately addressed the Aims of the Plan in the submitted Statement of Environmental Effects to Council. It is considered that the proposal is consistent with the Aims of the Plan.

 

Clause 1.7 – Maps

 

Comment

 

Council's Planning Maps are relevant to the assessment of the Application. The Planning Maps are as follows:

 


Land Zoning Map

 

The subject site is zoned RE1 Public Recreation under Lane Cove Local Environmental Plan 2009. The following diagram shows the zoning of the property.

 

Land Zoning Map - Sheet LZN_003

 

 

Lot Size Map

 

The proposed development is unaffected.

 

Floor Space Ratio Map

 

There is no floor space ratio requirement for No 2 Little Street as the subject site is located in an RE1 Public Recreation zone. The proposed development will provide 212sqm of additional floor area. The additional floor area includes infilling of the voids on the upper level and providing a new spin room at the plant/concourse level. The additional floor area will be contained within the envelope of the building. The additional floor area is not considered excessive.

 

Height of Buildings Map

 

There is no building height for No 2 Little Street as the subject site is located in the RE1 Public Recreation zone. It should be noted that there will be no alteration to the existing height of the building.

 

Land Reservation Acquisition Map

 

The site is not subject to any land acquisition.

 

Heritage Map

 

The subject site is not listed as a heritage item and is not located in a heritage conservation area.

 


Acid Sulphate Soils Map

 

The site is not shown as being affected by Acid Sulphate Soils.

 

Foreshore Building Line Map, Riparian Land Map and Environmental Protection Area Map

 

The site is not within a foreshore area, an environmental protection area or classified as riparian land. 

Clause 2.1 - Relevant Land Use Zone

Comment

 

The subject site is zoned RE1 Public Recreation. The proposal involves the alterations and additions to the existing Lane Cove Aquatic & Leisure Centre and the erection of an illuminated flush wall sign. It should be noted that the creche and cafe/retail areas are ancillary uses to the approved recreational facility. The proposed development is permissible in the current zone subject to the consent of Council. 

 

Clause 2.3 - Zone Objectives and Land Use Table

 

Comment

 

The RE1 Public Recreational Zone contains the following land use table:-

 

2   Permitted without consent

 

Environmental protection works

 

3   Permitted with consent

 

Child care centres; Community facilities; Environmental facilities; Kiosks; Marinas; Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Signage; Take away food and drink premises

 

4   Prohibited

 

Any development not specified in item 2 or 3

 

The proposed alterations and additions to the existing 'Lane Cove Aquatic & Leisure Centre' and the erection of an illuminated flush wall sign are permissible within the RE1 Public Recreational Zone.

 

The Objectives of the Zone are as follows:-

 

To enable land to be used for public open space or recreational purposes

 

Comment

 

The existing Centre provides the community with swimming facilities and health and fitness facilities. The Centre provides a valuable facility for local residents attracting over 600,000 visits per year. The proposed alterations and additions will only improve the functioning of the existing Centre.

 


To provide a range of recreational settings and activities and compatible land uses

 

Comment

 

The proposed development satisfy Council’s future intent with regards to desirable future uses in the area.

To protect and enhance the natural environment for recreational purposes

 

Comment

 

The owners (Lane Cove Council) of the property will ensure that the environment is not harmed and that all means will be employed to protect the environment in particular during the construction stage.

 

To make provision for rights of public access to more foreshore land and to link existing open space areas

 

Comment

 

The proposed development is not adjacent to foreshore land. The existing linkage between the Centre and adjoining oval is maintained.

 

It is considered that the proposed development satisfies the Objectives of the Zone and a high quality modern  development will be provided on the subject site.

 

Clause 4.3 - Height of Buildings

 

Comment

 

There is no building height for No 2 Little Street as the subject site is located in the RE1 Public Recreation zone. The proposed alterations and additions will not increase the height of the existing building.

 

Clause 4.4 - Floor Space Ratio

 

Comment

 

As already mentioned there is no floor space ratio requirement for No 2 Little Street as the subject site is located in an RE1 Public Recreation zone. The proposed additional floor space will be contained within the existing envelope of the building and is not considered excessive.

 

Clause 5.9 - Preservation of Trees or Vegetation

 

Comment

 

The proposal involves the removal of three (3) small trees in the Little Street setback to accommodate the new access arrangements to the swimming and leisure facilities at the lower level. The application was referred to Council's Tree Preservation Officer for comment.

 

The following advice was received.

 

"I have reviewed the documents/Plans and visited the site. The proposed development consists of changes to the Aquatic centre entrance including a lift. The proposed works will necessitate the removal of three (3) small trees consisting of one Angophora costata and two Banksia integrifolia that are located in the one garden bed. There is also another garden bed that was recently planted out and this garden will be demolished.

 

The removal of the above-mentioned vegetation and trees will have a negligible impact on the streetscape. It is noted that the proposed development fails to compensate for the loss of soft landscape area. 

 

Tree protection measures will be required for the Blackbutt tree located adjacent to the bin collection area on the opposite side of the complex to prevent contractors parking in close proximity to the tree."

 

No objection has been raised by Council's Tree Preservation Officer subject to the imposition of conditions.

 

Clause 5.10 – Heritage

 

Comment

 

The subject site is not listed as a heritage item, is not located in a heritage conservation area, has no Aboriginal Heritage significance and has no archaeological significance.

 

State Environmental Planning Policies

 

As part of the assessment of the Development Application the following relevant State Environmental Planning Policies must be considered.

 

State Environmental Planning Policy No 55 - Remediation of Land

 

Comment

 

The provisions of State Environmental Planning Policy No 55 - Remediation of land requires that Council should investigate the likelihood that the site has previously been contaminated and to address the methods necessary to remediate the site. The subject site is presently occupied by the 'Lane Cove Aquatic & Leisure Centre'. The land has been used for many years for recreational purposes without any complaints from the general public and adjoining owners regarding its use and environmental management. It is therefore very unlikely that the land is contaminated to a degree where it is considered harmful to adjoining occupants and therefore no remediation of the site would be required.

 

         State Environmental Planning Policy (Infrastructure) 2007

 

Comment

 

The scale and location of the proposed development does not represent a Schedule 3 (Traffic generating development to be referred to the RMS) Column 1 or 2 and 3 type development under State Environmental Planning Policy (Infrastructure) 2007. Therefore, the proposal does not require referral to the Roads and Maritime Services (formerly the Roads and Traffic Authority).

 

Deemed State Environmental Planning Policy (Sydney Harbour Catchment) 2005

 

Comment

 

       The Deemed State Environmental Planning Policy ensures that the catchment, foreshores, waterways and islands of Sydney Harbour are recognised, protected, enhanced and maintained. Part of the Plan requires Council to consider total catchment management, water quality,  environmentally sensitive areas, flora and fauna, scenic quality, fishing, recreation and tourism, urban development and the Metropolitan Strategy.  Of the above considerations, water quality is relevant. Best management practices will be maintained to control runoff and soil erosion and to trap sediment in order to maintain satisfactory water quality in downstream areas. It is considered that given the measures proposed the development will not adversely impact on the Sydney Harbour Catchment.

 

Section 79C(1)(a) the provisions of: (ii) any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the draft instrument has been deferred indefinitely or has not been approved)

 

Draft Environmental Planning Instrument

 

Comment

 

The proposal is not affected by any relevant draft environmental planning instrument.

 

Section 79C(1)(a) the provisions of: (iii) any development control plan

 

Comprehensive DCP - Lane Cove Development Control Plan 2010 (DCP)

 

Comment

 

As part of the assessment of the Development Application, Council’s relevant Development Control Plan must be addressed. The Lane Cove Development Control Plan 2010 (DCP) applies to the proposed development. It should be noted that there are no specific controls in the Development Control Plan that relate to the proposed development. However a merit consideration of the relevant parts of the Development Control Plan has been undertaken and is as follows:

 

General Objectives of the Development Control Plan

 

Comment

 

The proposed development is consistent with the general Objectives of the Development Control Plan and a high quality development will be provided on the subject site.

 

 Part B - General Controls

 

The relevant elements of Part B of the Development Control Plan are addressed as follows:

 

The Public Domain

 

Comment

 

The proposed development will provide a positive impact to the public domain. High quality design and finishes along the Little Street frontage will be evident from the building. All works associated with the development would be contained entirely within the site and will not impact on the public domain.  The proposed reconfigured entry will increase general accessibility and movement of patrons.

 

Site Amalgamation and Isolated Sites

 

Comment

 

The Development Control Plan does not require site amalgamation as buildings do not traverse any boundary and no sites will be isolated due to the proposed development.

 


View Sharing

 

Comment

 

Due to the nature of works and the height of the development (no changes to the height), existing views from adjoining properties will not be impacted by the proposed development.

 

Development in Foreshore Areas

 

Comment

 

The site is not within a foreshore area.

 

Environmental Management

 

Comment

 

The proposed development due to its nature, scale and careful design is not likely to cause pollution or siltation of any nearby waterway, nor will it generate any liquid waste, odour or fumes. The proposal is therefore not likely to have an adverse impact in terms of air or water quality.

 

Development Near Busy Roads/Railway Corridors

 

Comment

 

The subject site is located well away from Epping Road which is classified as a major road.

 

Safety and Security

 

Comment

 

In the case of the proposed development, safe pedestrian access to the building will be provided and care has been taken to ensure that all entrances are well lit. The use of good quality materials resistant to a pool environment attack will be used in the development. The use of good quality doors, steel security locks and hardware will discourage illegal access to the building.

 

Heritage

 

Comment

 

The subject site is not listed as a heritage item and is not located in a heritage conservation area. The subject site has no Aboriginal Heritage significance and has no archaeological significance.

 

Design

 

Comment

 

·        The proposed development has been designed generally in accordance with the Master Plan for the Lane Cove Aquatic & Leisure Centre.

·        The only notable variations that are to occur to the built form of the Centre relate to works proposed in the Centre's Little Street elevation and setback area. These works are related to the amended pedestrian access system associated with the proposed entry point to the lower floor level swimming and leisure facilities. These external works will enhance the appearance of the Centre and will not adversely impact on the existing and likely future streetscape.

·        The external materials and finishes to be used in the building works will be consistent and compatible with the existing materials and finishes of the building.

·        The proposed external and internal works will not change the roof form of the building. The development will not alter the height, bulk, scale or building form of the existing Centre. 

Part D - Commercial Development and Mixed Use

 

Comment

 

There are no specific controls for this type of development listed in the Development Control Plan. However, the proposal satisfies the objectives of Part D.

 

Part F - Access and Mobility

 

Comment

 

As part of the Development Application an 'Access Report' has been prepared for the development by Morris-Goding Accessibility Consulting'. The purpose of the report is to provide advice and strategies to maximise reasonable provisions of access for people with disabilities. The report has provided a number of recommendations that should be addressed prior to the issue of the Construction Certificate.

 

The Development Application was referred to Council's Manager, Community Services and also to the Community Development Officer - Seniors and Disability Services for comment. No objection was raised to the proposal subject to the recommendations from the Access report prepared by Morris-Goding Accessibility Consulting, March 2012 being implemented.

 

Part G - Acid Sulphate Soils

 

Comment

 

The site is not shown as being affected by Acid Sulphate Soils under Council's LEP.

 

Part H - Bushland Protection

 

Comment

 

The subject site does not contain any bushland and is not located adjacent to bushland.

 

Part J – Landscaping

 

Comment

 

A condition of approval will require that a detailed landscape plan be provided showing the proposed landscaping along the Little Street frontage.

 


Part N - Signage and Advertising

 

Comment

 

The development proposes the erection of a 3.77m x 2.7m illuminated flush wall sign reading "Lane Cove aquatic leisure Centre" adjacent to the proposed entry to the swimming and leisure facilities at the lower floor level.    

 

Part N 1.2 defines First Party Advertising as "Business and building identification signs". The content of the proposed signage refers to the identification of the premises - "Lane Cove aquatic leisure Centre". The proposed sign, therefore strictly adheres to the definition of First Party advertising in Part N 1.2 of the DCP.  

 

The proposed signage falls into the 'flush wall signage' category outlined in Part N of the DCP. Flush wall signs are permitted in all locations. The DCP indicates that where a tenancy has a minimum of two frontages first party, flush wall signs are permitted at a rate of one per frontage, where wall signage is not located on the primary frontage. A flush wall sign is to be a maximum of 5% of the tenancy frontage on which it is located on. Flush wall signs are to be located a minimum of 1m from ground level.

 

The proposed identification flush wall sign complies with the above controls. The proposed sign will be located along the Little Street frontage and no other signage is proposed for the development. The sign will occupy a maximum of 4.4% of the frontage of the Little Street site frontage. The sign will be located 2.0 metres from ground level.    

 

The proposed identification flush wall sign has been considered having regard to the provisions of State Environmental Planning Policy No. 64 - Advertising and Signage (SEPP).

 

Clause 3 (1) of the SEPP notes that the policy aims:-

 

“(a)  to ensure that signage (including advertising):

(i)  is compatible with the desired amenity and visual character of an area, and

(ii)  provides effective communication in suitable locations, and

(iii)  is of high quality design and finish, and

(b)  to regulate signage (but not content) under Part 4 of the Act, and

(c)  to provide time-limited consents for the display of certain advertisements, and

(d)  to regulate the display of advertisements in transport corridors, and

(e)  to ensure that public benefits may be derived from advertising in and adjacent to transport corridors.”

 

Comment

 

The proposed identification flush wall sign has been considered having regard to the matters for consideration within Clause 13 of the SEPP. Clause 13 requires Council to be satisfied that the proposal is consistent with the aims of the SEPP, the provisions of Schedule 1 and the Guidelines. The proposed sign is considered to be consistent with the aims of this Policy as set out in clause 3(1)(a)(i) of the SEPP in that it is compatible with the desired amenity and visual character of the area.

 


The proposal has also been considered having regard to the specific assessment criteria as outlined in Schedule 1 of the Policy as follows:

 

1.   Character of the Area

 

·    Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

 

·    Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

 

Comment

 

The proposed identification flush wall sign is considered to be compatible with the existing and desired likely future character of the area and locality in which it is proposed to be located. Due to its design, colour (black & grey) and size the proposed sign will not be a dominate feature on the area.

 

2.   Special Areas

 

·   Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

 

Comment

 

The proposed sign is not located within any of the special areas listed in the Policy. A number of residential buildings are located south of the subject site.  It is considered that the proposed sign is sufficiently removed so as to have negligible impact on the nearby residential properties.

 

3.    Views and Vistas

 

·   Does the proposal obscure or compromise important views?

·               Does the proposal dominate the skyline and reduce the quality of vistas?

·               Does the proposal respect the viewing rights of other advertisers?

 

Comment

 

The proposed sign does not obscure or compromise important views, and would not dominate the skyline. The proposed sign would not be clearly visible from residential properties located close by and would not reduce the quality of the outlook from these residences. The proposal does not impinge on the viewing rights of other advertisers.

 

4.   Streetscape, Setting or Landscape

 

·                Is the scale, proportion and form of the proposal appropriate for the streetscape,   setting or landscape?

·                Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

·                Does the proposal reduce clutter by rationalising and simplifying existing advertising?

·                Does the proposal screen unsightliness?

·                Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

·                Does the proposal require ongoing vegetation management?

 

Comment

 

Due to its design and size, the proposed sign will not adversely impact the existing and likely future streetscape and setting. It will be located on a blank wall and may contribute to the visual interest of the streetscape. It does reduce clutter by rationalising and simplifying existing advertising. The proposed sign is wholly located on the elevation and does not protrude above buildings, structures or tree canopies in the area or locality, nor does it  require ongoing vegetation management.

 

5.   Site and Building

 

·    Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

·    Does the proposal respect important features of the site or building, or both?

·    Does the proposal show innovation and imagination in its relationship to the site or building, or both?

 

Comment

 

The proposed identification sign will be compatible with the scale, proportion and other characteristics of the site and building. It will be located on a front wall and it will not interfere with any important features of the site or building.

 

6.   Associated Devices and Logos with Advertisements and Advertising Structures

 

·   Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?

 

Comment

 

No details have been supplied by the applicant regarding safety devices, platforms, lighting devices or logos. Any approval of the application will require the above details to be submitted for Council's consideration prior to the issue of the Construction Certificate.

 

7.    Illumination

 

·   Would illumination result in unacceptable glare?

·   Would illumination affect safety for pedestrians, vehicles or aircraft?

·   Would illumination detract from the amenity of any residence or other form of accommodation?

·   Can the intensity of the illumination be adjusted, if necessary?

·   Is the illumination subject to a curfew?

 

Comment

 

No details have been supplied by the applicant regarding the illumination of the sign. Any approval of the application will require that details be provided to Council regarding the illumination of the sign prior to the issue of the Construction Certificate.

 

8.  Safety

·    Would the proposal reduce the safety for any public road?

·    Would the proposal reduce the safety for pedestrians or bicyclists?

·    Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

 

Comment

 

No concerns are raised regarding the impact of the proposed signage on the safety for any public road, for pedestrians or bicyclists, and due to its proposed location the signage would not reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas.

 

Clause 22 - Wall Advertisements

 

The following controls must be considered under Clause 22 of the SEPP.  

 

  

Control

Proposed

Complies?

Number of signs

One per elevation

1 per elevation

Yes

Sign area

For elevation >200 m², <= 10% of the above ground elevation

Elevation = 230 m²

Sign area = 10.179 m² (4.4%)

Yes

Protrusion from wall

Max 300mm

No details provided

Condition imposed

Location of sign

Must not protrude above the parapet or eaves

Must not extend over a window or other opening

Must not obscure significant architectural elements of the building

not located above the parapet or eaves

does not extend over a window or other opening

located on a blank elevation with no architectural elements

Yes

 

Yes

 

Yes

Other signage

a building identification sign or business identification sign is not displayed on the building elevation

no other signage present on the building elevation

Yes

 

Comment

 

No details have been supplied by the applicant regarding the protrusion of the sign from the wall. Any approval of the application will require that the sign not protrude more than 300mm from the wall. The proposed sign complies with the other controls under Clause 22 -Wall Advertisements of the SEPP.

 

Part O - Stormwater Management

 

Comment

 

Best management practices will be maintained to control runoff and soil erosion and to trap sediment in order to maintain satisfactory water quality in downstream areas. The application was referred to Council's Development Engineer and no objection was raised to the proposed development subject to the imposition of conditions.

 


Part Q - Waste Management and Minimisation

 

Comment

 

A waste management plan was prepared for the proposed development. Council's Manager, Development Assessment Environmental Services raised no objection to the proposed development.

 

Section 79C(1)(b) The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

 

The following section considers the likely impacts of the development that includes environmental impacts on both the natural and built environments and social and economic impacts in the locality:

 

Environmental Impact

 

Comment

 

No adverse environmental impacts have been identified.

 

Natural Hazards

 

Comment

 

The land is not identified by Council as being bush fire or flood prone land. The site is not located in area affected by land instability. In addition, it is considered that the proposal should not create a hazard or risk to adjoining properties.

 

Water and Air Quality Impacts

 

Comment

 

No adverse water and air quality impacts have been identified. The proposed development due to its nature, scale and careful design would not likely cause pollution or siltation of any nearby waterway, nor should it generate any liquid waste, odour or fumes.

 

Soil and Water Management

 

Comment

 

No adverse soil or water management issues have been identified.

 

Flora and Fauna

 

Comment

 

In view of the nature, scale and design of the development, it is considered that there will be no long term adverse impact in terms of flora and fauna resulting from the proposed development.

 

Neighbourhood Amenity

 

Comment

 

The proposal will not alter the height, bulk or scale of the existing aquatic and leisure centre. The proposed internal and external changes to the Centre will improve the appearance and function of the facility. Due to the nature and scale of the proposal, the development will not have any unreasonable impact on the surrounding area in terms of privacy, solar access, noise, parking and traffic.  

 

Impact on Utility Services

 

Comment

 

No adverse impact on utility services is expected.

 

Impact on Parking and Traffic

 

Comment

 

A 'Parking and Traffic Assessment' report has been prepared for the development by John Coady Consulting Pty Ltd (Townplanning and Traffic Consultants). The purpose of the report was to assess the traffic and parking implications of the proposed alterations and additions to the Lane Cove Aquatic and Leisure Centre.

 

In terms of traffic impact the report concluded that "in the circumstances it can be concluded that the proposed alterations and additions to the Lane Cove Aquatic and Leisure Centre will not have any unacceptable traffic implications."

 

Regarding parking the report concluded as follows:-

"Notwithstanding, in circumstances where the additional parking demand potential of the Lane Cove Aquatic and Leisure Centre as a consequence of the proposed alterations and additions is relatively minor, where that additional parking demand potential can be accommodated in the existing parking spaces in public carparks, or on-street in the vicinity of the Centre, for most of the time, it can be concluded that the proposed alterations and additions to the Centre have no unacceptable parking implications."

 

  The application was referred to the Executive Manager Open Space & Urban Services for comment. The following advice has been received:-

 

Issue - Bus Movements

 

In the main, the applicant appears to have addressed all traffic and parking issues relating to their application. However, it is my view that more attention should be paid to the bus movements associated with school swimming carnivals and the impacts they have on parking and traffic. It may be necessary to remove the on-street parking that is adjacent to the proposed new Aquatic Centre access, and extend the existing bus zone. The applicant’s traffic consultant should consider this aspect and provide their findings for Council review.

 

Comment

 

The proposed development does not involve any works to the existing indoor pools or the 50 metre Olympic Pool. The Olympic Pool is primarily used for school swimming carnivals.  There will be no changes to the number of school swimming carnivals that are held per year. The matter of bus movements associated with school swimming carnivals and the impacts they have on parking and traffic should be separately investigated by Council and its Traffic Committee.  It is considered unreasonable that the above matter be considered as part of this Development Application, given the fact that no alterations are proposed to the Olympic Pool.  


 

Issue - Construction Management Traffic Report

 

Also, the movement/impact of vehicles associated with the construction of this proposed development has not been considered as part of the traffic study. The proposed works will result in additional demand for parking and construction activity at the pool entry points. It will also likely impact on traffic movements, particularly in Little Street. It should be noted Little Street is used as a terminus by Sydney Buses for some of their services, and the pedestrian crossing between the Little Street Car Park and the Aquatic Centre is heavily used by patrons of the pool. These issues require greater attention, particularly for the construction stage. Council will require a Construction Management Traffic Report to review prior to the issue of a Construction Certificate for the consideration of the RMS and the Lane Cove Traffic Committee. It must detail the traffic impact of the construction works on the local area and the means proposed to manage construction works to minimise such impacts.  In particular, the Report must consider the impact on the on-street parking, traffic and how pedestrian safety will be maintained during construction. It must also consider the movement of trucks to and from the site, the location of any site sheds and the use of any cranes and concrete pumps.  The applicant is to note that the use of cranes and concrete pumps on the public reserve requires a ‘Permit to Stand Plant’ from Council.  All materials and plant are to be stored on-site unless prior permission is received from Council to use the footpath.

 

Comment

 

It is acknowledged that the applicant has not provided a Construction Management Traffic Report. A condition of Development Consent will require that the applicant submit of a Construction Management Traffic Report for Councils and the Lane Cove Traffic Committee approvals prior to the issue of the Construction Certificate. The applicant's consultant will be required to consult with Council's Executive Manager Open Space & Urban Services and Council's Transport Planner regarding the type of information that Council requires in the report.

  

The application was referred to Council's Transport Planner for comment. The following advice has been received.

 

Issue - Construction Management Traffic Report

 

A Construction Management Traffic Report must be prepared prior to the Construction Certificate being issued. It should not be assumed that Little Street car park will be available for parking associated with the construction work at the Aquatic Centre as construction of the Little Lane Development may well be underway at the same time. It would be prudent for the traffic consultant (in consultation with the building contractor) to consider at an early stage the requirement for a temporary parking and storage area on site, possibly accessed via Phoenix St, for the duration of the work. The proposals are likely to increase the activity on Little Street in the long term and exacerbate the safety and congestion issues caused by buses pulling over next to the 2P parallel parking spots, particularly when the bus zone further down Little St is occupied with buses laying over. For this reason it is incumbent on the traffic consultant to address the possible removal of the five 2 hour parking spaces on Little St to accommodate an extension of the bus zone and address the additional parking shortfall that the removal of these five spaces would create.

 

Comment

 

As already mentioned a condition of Development Consent will require the applicant to submit a Construction Management Traffic Report for Councils and the Lane Cove Traffic Committee approvals prior to the issue of the Construction Certificate. The applicant's consultant will be required to consult with Council's Executive Manager Open Space & Urban Services and Council's Transport Planner regarding the type of information that Council requires in the report.  

 


Issue - Travel Mode Study

 

Council requires information regarding data on the travel modes of existing patrons using the Aquatic Centre and associated leisure facilities. Two and five-year protections of anticipated Aquatic Centre patronage increase as a result of the proposed refurbishment and alteration work. A list of proposed measures/incentives to ensure that a proportion of existing and new patrons are encouraged to arrive by sustainable transport modes, such that an increase in usage will not adversely affect traffic conditions in the area or place an excessive demand on already limited parking facilities.

 

Comment

 

The provision of indoor recreational uses in close proximity to commercial areas served by good public transport linkages is not only desirable but also in keeping with an increasing trend towards the promotion of public transport usage as a primary means of enhancing environmental sustainability and the reduction of greenhouse gases in the Sydney Region. Existing and new patrons to the Centre should be encouraged, where appropriate, to use public transport, travel by bike and walk to the facility.

 

A condition of Development Consent will require that the applicant provide a detailed Travel Mode Study for approval by Council's Transport Planner prior to the issue of the Construction Certificate.

 

The study will provide the following information:-

·    Data on the travel modes of existing patrons using the Aquatic Centre and associated leisure facilities.

·    Two and five year protections of anticipated Aquatic Centre patronage increase as a result of the proposed refurbishment and alteration work.

·    A list of proposed measures/incentives to ensure that a proportion of existing and new patrons are encouraged to arrive by alternative transport modes, such that an increase in usage will not adversely affect traffic conditions in the area or place an excessive demand on already limited parking facilities.

 

Social and Economic Impacts

 

Comment

 

It is envisaged that the proposed development should have a positive economic and social effect in relation to the creation of employment opportunities during the construction stage and during the operational phases of the development. In addition the proposed alterations and additions to the Centre would add value and provide added social and community amenity.

 

Section 79C(1)(c) The suitability of the Site for the Development.

   

The site is zoned to permit this form of development.

 

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

Notification of Application

 

The application was neighbour notified for a period of fourteen (14) days and two hundred and thirteen (213) adjoining residents were notified in writing of the proposed development and invited to comment. No objections were received.

 


Section 79C(1)(e) The public interest

 

The proposed development is not considered to be contrary to the public interest.

 

Internal Referrals

 

Manager - Community Services and Community Development Officer - Seniors and Disability Services

 

The Development Application was referred to Council's Manager, Community Services and also to the Community Development Officer - Seniors and Disability Services for comment. No objection was raised to the proposal subject to the recommendations from the Access report prepared by Morris-Goding Accessibility Consulting, March 2012 being implemented.

 

Manager - Development Assessment

 

Council’s Manager, Development Assessment Environmental Services has raised no objection to the proposal.

 

Development Engineer

 

The Development Engineer has endorsed the proposal subject to specific draft conditions being applied to the development consent.

 

Building Surveyor

 

The Building Surveyor has raised no objection to the proposal subject to draft specific conditions being applied to the development consent.

 

Tree Preservation Officer

 

The application was referred to Council's Tree Preservation Officer for comment. No objection has been raised by Council's Tree Preservation Officer subject to the imposition of draft conditions.

 

Executive Manager Open Space & Urban Services

 

The application was referred to the Executive Manager Open Space & Urban Services for comment. The Executive Manager's comments have been addressed under the heading of 'Impact on Parking and Traffic' in the report. 

 

Transport Planner

 

The application was referred to Council's Transport Planner for comment. The Transport Planner's comments have been addressed under the heading of 'Impact on Parking and Traffic' in the report.   

 

CONCLUSION

 

All relevant planning matters have been taken into consideration in the preparation of this proposal.

The proposal is a permissible form of development within the RE1 Public Recreation Zone and satisfies Council’s relevant planning standards and controls. The proposed development satisfies the general aims and zone objectives of Lane Cove Local Environmental Plan 2009.

The proposed development is consistent with the elements of the 'Lane Cove Aquatic Centre Master Plan (May 2009)'.

 

The proposed works will enhance the appearance of the building from the Little Street frontage and improve functionality of the Centre. The Centre will continue to provide a valuable and much needed community facility in the area.

 

Two hundred and thirteen (213) adjoining residents were notified of the proposed development and no objections were received. The proposed development is not considered to be contrary to the public interest.

 

The proposal has been assessed on its merits and in accordance with Section 79C of the Environmental Planning and Assessment Act, 1979 and is considered satisfactory. Accordingly it is recommended that the application be approved subject to the following draft  conditions of consent.

 

 

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 D30/12 for alterations and additions to Lane Cove Aquatic & Leisure Centre and the erection of an illuminated

 flush wall sign on Lots A & B DP 40829, Lot 2 DP 326066, Lots 5 & 6 DP 12618, Lots 54-58 and Lots 94-96 DP 5922 and known as No 2 Little Street, Lane Cove (Lane Cove Aquatic & Leisure Centre) subject to the following conditions:-

 

1.                     (20) That the development be strictly in accordance with drawing numbers DA-01Revision D, DA-02 Revision C, DA-03 Revision C, DA-04 Revision C, DA-05 Revision B dated 20.06.11 by RENO group - Architectural & Building Services except as amended by the following conditions.

 

2.         The applicant shall submit a Construction Management Traffic Report for Councils             and the Lane Cove Traffic Committee approvals PRIOR TO THE ISSUE OF THE             CONSTRUCTION CERTIFICATE. The applicant's consultant will be required to consult with Council's Executive Manager Open Space & Urban Services and Council's Transport Planner regarding the type of information that Council requires in the report.

 

3.         The applicant shall submit a detailed Travel Mode Study for approval by Council's Transport Planner PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.  The study will provide the following information:

 

·      Data on the travel modes of existing patrons using the Aquatic Centre and associated leisure facilities.

 

·      Two and five year protections of anticipated Aquatic Centre patronage increase as a result of the proposed refurbishment and alteration work.

 

·      A list of proposed measures/incentives to ensure that a proportion of existing and new patrons are encouraged to arrive by sustainable transport modes, such that an increase in usage will not adversely affect traffic conditions in the area or place an excessive demand on already limited parking facilities.

 

4.       The applicant shall address the following recommendations from the Access report prepared by Morris-Goding Accessibility Consulting, March 2012 PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE. The recommendations are to be detailed on amended architectural plans. The amended plans incorporating the access report recommendations must be submitted to Council or the Principal Certifying Authority prior to the issue of the Construction Certificate.  

 

 

INGRESS AND EGRESS

 

Main Entrance Gym

 

(i)    Ensure there is a length of 1450mm with a gradient of 1:40 at the bottom entry to the lift to provide door circulation space compliant with AS1428.1.

(ii)   Provide handrails on both sides of stairs in accordance with AS1428.1 as well as TGSI in accordance with AS1428.4.

(iii)   Ensure at the top of the stairs finish 400mm from the wall so the handrails do not protrude into the traverse path of travel compliant with AS1428.1 figure 17.

(iv)  Ensure the entry doors have a clear door opening of the active leaf of 850mm compliant with AS1428.1.

 

            Secondary Gym Entry

 

(i)    Ensure that the fully glazed door and walls are clearly marked with 75mm min. wide, solid, non-transparent, contrasting line with a 30% luminance contrast to the background across their full width.

 

            Public Entry to Pool

 

(i)    Ensure the entry to the Pool has a crossfall on no greater than 1:40 and a gradient of 1:20 or gentler compliant with AS1428.1.

(ii)   Ensure the handrails on both sides of the stairs are compliant with AS1428.1.

(iii)   Ensure the TGSI are compliant with AS1428.1.

(iv)  Consideration should be given to designing the stairs without the tiers at the base of the stairs as they can be a trip hazard for people with a vision impairment.

 

            PATHS OF TRAVEL

 

            Internal Doors

 

(i)    Ensure all above doors have appropriate door circulation spaces compliant with AS1428.1.

 

            Passenger Lifts

 

(i)    Ensure that components in the lift car (control panels, audio/visual indicators, handrails) comply with AS1735.12.

 

            FACILITIES (POOL AREA)

 

            Reception Area

 

(i)    Consideration should be given to having a section of the reception counter that is lowered to allow staff with a disability and visitors with a disability to carry out transactions. The lowered section should have a height no greater than 870mm FFL. The counter should have appropriate foot (290mm) knee (650mm) clearance. The counter shall be at least 800mm in width.

 

            Shop

 

(i)    Consideration should be given to being able to maintain a clear passage between fixtures of 1000mm and a turning area of 1540mm x 2040mm to allow a person who is a wheelchair user to perform a 180 degree turn compliant with AS1428.1.

 

Café

 

(i)Ensure there is no level difference between abutting surfaces compliant with AS1428.1.

(ii)   Ensure that the fully glazed doors and walls are clearly marked with 75mm min. wide, solid, non-transparent, contrasting line with a 30% luminance contrast to the background across their full width.

 

Mezzanine Level

 

(i)    Ensure the stairs are of sufficient width to install a stairway platform lift.

(ii)   Ensure there is sufficient space at the base of the stairs for circulation spaces and installation of a stairway platform lift compliant with AS1428.1.

(iii)   Ensure the door circulation spaces are compliant with AS1428.1.

 

Proposed Platform Lift

 

(i)    Ensure that components in the lift car (control panels, audio/visual indicators, handrails and light levels) comply with AS1735.14.

 

FACILITIES (GYM)

 

Reception and Lobby

 

(i)    Consideration should be given to having a section of the reception counter that is lowered to allow staff with a disability and visitors with a disability to carry out transactions. The lowered section should have a height no greater than 870mm FFL. The counter should have appropriate foot (290mm) knee (650mm) clearance. The counter shall be at least 800mm in width.

 

Creche

 

(i)    Ensure there is no level difference between abutting surfaces between the balcony and the internal areas compliant with AS1428.1.

 

SANITARY FACILITIES

 

Combined Accessible Unisex Sanitary Facility (Gym)

 

(i)    Ensure there is 2300mm x 1900mm clear area around pan with basin to sit outside the area (max. encroachment of 100mm at basin front).

(ii)   Ensure there is sufficient space for the shower circulation space of 2350mm x 1600mm. This is not to include any fixtures within this space. The WC pan and the shower circulation spaces can overlap.

(iii)   Ensure there is a shower seat installed for compliance with AS1428.1.

(iv)  (iv)            Ensure the set out of all fittings and fixtures are compliant with AS1428.1.

 

Ambulant User Cubicles (Gym)

 (i)   Ensure the set out of all fittings and fixtures within the ambulant user cubicle are compliant with AS1428.1.

 

MISCELLANEOUS

 

Signage

 

(i)    Signage shall comply with BCA clause D3.6 (signage specifications).

 

Floor Surfaces

 

(i)    Ensure the slip resistance of flooring systems used within the development are traversable by a wheelchair or walking frame in accordance with HB197/AS4586. Minimum wet pendulum test ratings (certification required at OC Stage). 

 

5.         The applicant shall provide details regarding the illumination of the sign; proposed safety devices; platforms; exact lettering and colours; and proposed logos. The applicant shall ensure that the sign does not protrude more than 300mm from the wall. The above details shall be submitted for Council's approval PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

6.         The applicant shall submit a detailed landscape plan prepared by a qualified landscape architect showing the proposed landscaping along the Little Street frontage for Council's approval PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

7.         The materials, textures and colours of the proposed development shall be compatible with the existing Lane Cove Aquatic & Leisure Centre building. Details regarding the above shall be submitted for Council's approval PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

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

 

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

 

10.       (137)  Lane Cove Council charges a fee of $36 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.

 

11.       (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.

 

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

 

13.       (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.

 

14.       (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.

 

15.       (45) A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

 

16.       (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.

 

17.       (49) 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.

 

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

 

19.       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)         All reinforcement prior to filling with concrete.

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

c)         Waterproofing of wet areas

d)         Completion.

 

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

 

a)         retaining walls;

b)         footings;

c)         reinforced concrete work;

d)         structural steelwork.

 

21.       (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads.  Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

 

22.       (62) All glazing is to comply with the requirements of AS 1288.

 

23.       (66) 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.       (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

 

25.       (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

 

26.       (86) An approved type of hoarding being erected along the street frontage.

 

27.       (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

 

28.       (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.

 

Building Code of Australia Compliance Matters:

 

29.       A Disabled accessible entrance, passenger lifts, continuous paths of travel, accessible toilets facilities and access to all areas normally used by the occupants must be provided to the building in accordance with part D3 of the BCA, complying with Australian Standard AS1428.1-2009 and the DDA, Disability (Access to Building- Premise Standard 2010).

 

30.       A list of the existing and proposed essential “Fire Safety Measures” that are currently installed within the building or proposed to be modified/implemented as part of the refurbishment works is to be submitted to Council complying with the performance requirements of the Building Code of Australia.

 

Structural Adequacy and Fire Safety Considerations 

 

31.       The proposed alterations and additions consisting primarily of a new main entrance to the swimming centre accessed from Little Street to the lower level of the swim centre building. The proposed building works will be subject to a “Fire Safety Upgrade” of the existing premise pursuant to clause 94 of the Environmental Planning and Assessment Regulations 2000. A list of the existing and proposed essential fire safety measures complying with the performance requirements of the Building Code of Australia (National Construction Code 2012) to be implemented into the building is to be submitted to Council at the construction certificate stage of the project.

 

            Structural engineering certified design plans and “Certificate of structural adequacy” certifying that the existing building is capable of withstanding the new/altered loads of the new building works is to be submitted prior to the issue of the construction certificate application to ensure the structural stability adequacy of the new works.     

 

32.       All lighting and water being compliant with energy efficiency and water conservation standards.

 

33.       (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.

 

34.       (317) A 1.8m high chain mesh fence shall be erected to encompass and protect the             Blackbutt tree adjacent to the vehicle entrance in Phoenix street. Behind the garbage             collection area. The tree protection zone shall be 2.4m from the entrance side of the tree      and join up to the concrete wall at the southwest corner of the bin area and extend at             least 5m on the west side of the tree, and end at the edge of the paved area directly             adjacent to the glass wall housing the pool. 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.

 

35.       A waterproof sign must be placed on the tree protection zone 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.

 

36.       The tree protection zone and associated 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.

 

37.       (51) A Tree Preservation Order applies in the Municipality of Lane Cove.  The Order prohibits the cutting or removal of any tree except with the consent of Council and the penalty for contravention of this Order is up to Twenty Thousand Dollars ($20,000.00).  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.

 

38.       The Lane Cove Aquatic & Leisure Centre shall operate in accordance with the approved hours of operation.

 

39.       The creche shall be used by the patrons of the Centre. The creche shall not be used as a             long day child care centre without the prior written approval of Council.

 

40.       A Section J report shall be provided for the development. This is to be submitted with the Construction Certificate for Council's approval.

 

41.       The use of the premises (Lane Cove Aquatic & Leisure Centre) and the operation of all plant, building services, machinery and ancillary fittings (including air conditioning units) shall not give rise to an 'intrusive or offensive noise' as defined in the Protection of the Environment Operations Act 1997 and Regulations, and the New South Wales EPA’s Industrial Noise Policy (January 2000). In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration, by more than 5dB(A).

 

42.       (409) Construction and Fit out of Food Premises

  To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas, all work involving construction or fitting out of the premises shall comply

 

  with the requirements of the Food Safety Standards Code (Australia) and Australian Standards AS4674 – Design, Construction and Fitout of Food Premises.

 

43.       (410) Food Shop Registration Requirements

  Occupation of the premises shall not occur until:

 

a)         a registration application to be submitted to Council’s Health and Environment Department for the food shop

b)         notification of the NSW Health Department under Standard 3.2.2 Division 2 Section 4 Notification.  This requirement is to be met by notifying through the following website: http://www.foodnotify.gov.au

 

44.       (411) Final Inspection (Food premises)

  A final site inspection relating to the works carried out on the premises shall be arranged by the applicant and shall be undertaken by Council before trading commences.

 

45.       (412) Grease Trap (Food Premises)

  Trade waste water shall be disposed of in accordance with the permit requirements of Sydney Water the proprietor owner shall contact the Trade Waste Office of Sydney Water so as to ensure that the sewerage pre – treatment system installed is appropriate for the proposed use of the premises.

 

46.       (418) Maintenance and cleanliness of food preparation areas

  To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas all building work in connection with the occupation or the use of the premises intended for the preparation and storage of food shall be designed and implemented in accordance with the requirements of:

 

a)   Food Act 2003 & Food Regulations 2004

b)   Food Safety Standards 3.1.1, 3.2.2, 3.2.3

c)   Sydney Water Corporation – Trade Waste Section

d)   The Protection of the Environmental Operations Act 1997

e)   Australian Standard AS 1668 Part 1 & 2

f)    The Building Code of Australia.

 

47.       (419) Service Pipes

  Where possible all service pipes must be concealed in the floors, plinths, walls or ceilings.  Alternatively, service pipes must be fixed on brackets so as to provide at least 25mm clearance between the pipe and any adjacent vertical surface and at least 100mm between the pipe and any adjacent horizontal surface.

 

48.       (420) Surface Pipe Openings

  All service pipe openings in walls, floors and ceilings must be made proof against the access of pests.

 

49.       (421) Cavities and Voids

  Inaccessible cavities and voids must not be formed in the construction of the premises or the installation of fittings and equipment unless completely sealed to prevent the harbourage of pests

 

 

50.       (422) Tubular Metal Supports

  Where tubular metal is used for legs, brackets or framework supports the open ends must be suitably capped or sealed to prevent the access of pests.

 

 

51.       (423) Protection of Self Service Food

  Unpackaged ready to eat food for self service, other than nuts in the shell and whole fruit and vegetables, must be protected by means of suitable sneeze guard and be effectively supervised.

 

 

52.       (424) Safety glass

  All glass used in the construction of equipment in which food is displayed must be safety glass with any exposed edges bevelled where necessary to prevent chipping.

 

53.       (433) Garbage collection – Commercial/Industrial

  Liquid and solid wastes generated on the site shall be collected, transported and disposed of in accordance with the Protection of the Environmental operations Act 1997.  Records shall be kept of all waste disposal from the site.

 

  Waste and recycling material, generated by the premises, must not be collected between the hours of 10pm and 6am on any day.

 

54.       (435)  Garbage Room Location & Access

  Garbage rooms shall:

·      be located in positions which will permit easy, direct and convenient access for the removal of garbage without creating a nuisance from dust, litter, odour and noise. 

·      not contain any fittings, facilities or matter not associated with the treatment, storage or disposal of garbage.

·      where possible be located within the main building.  Where this is not practicable due to noise levels or other exceptional circumstances, the garbage room shall be located in a position approved by the Principal Certifying Authority.  If it is proposed to make application to construct a detached structure, special attention shall be given to the aesthetics of the structure and its siting.

 

            Details of appropriate recycling facilities must be provided, both in the communal garbage room and individual units.

 

General Engineering Conditions

55.       (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.

 

56.       (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. 

 

57.       (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.

 

58.       (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.

 

 

59.       (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.

 

60.       (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’.

 

61.       (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.

 

Engineering conditions to be complied with prior to Construction Certificate

 

62.       (S2) Stormwater Requirement: The stormwater runoff from the new and altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP-Stormwater Management.

 

The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Part O, Council’s DCP-Stormwater Management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

 

Where an existing element does not comply with current standards the subject element is to be replaced.

 

Where the existing system does not comply with Part O, Councils DCP-Stormwater Management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principal Certifying

 

Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management.

 

63.       (A3) Works on Council Property: Separate applications shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property. The proposed stairs and lift beyond the property boundary will require approval under Section 138 of the Roads Act 1993.

Applications and approvals shall be obtained prior to the issue of the Construction Certificate.

 

64.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $5000.00 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.

 

65.       (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

 

 

 

Engineering Condition to be Complied with Prior to Commencement of Construction

 

66.       (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 plan prepared by Reno Group numbered J001927 Rev A and dated 20-06-11.The devices shall be maintained during the construction period and replaced when necessary.

 

Engineering Condition to be Complied with Prior to Occupation Certificate

 

67.       (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 Plans

2 Pages

AT‑2 View

Neighbour Notification Plan

2 Pages

 

 


Ordinary Council Meeting 18 June 2012

Alcohol Prohibited Areas and Alcohol Free Zone Proposal for New Year's Eve  and New Year's Day

 

 

Subject:          Alcohol Prohibited Areas and Alcohol Free Zone Proposal for New Year's Eve  and New Year's Day     

Record No:    SU3530 - 27297/12

Division:         Environmental Services Division

Author(s):      David Wilson 

 

 

Executive Summary

 

At its meeting of the 6 February 2012 Council resolved to “undertake a review of New Years Eve arrangements at Greenwich with a view to minimising alcohol related antisocial behaviour at future celebrations”.

 

Community consultation has been undertaken with the Local Area Command (Police), NSW Anti Discrimination Board and local residents and businesses in the effected areas in accordance with the Department of Local Government’s Guidelines for Establishing Alcohol Prohibited Areas (APA’s) and Alcohol Free Zones (AFZ’s).

 

It is recommended that Alcohol Prohibited Areas in all parks and reserves and Alcohol Free Zones in the streets surrounding these reserves, as listed in the report, be established from 6.00pm on 31 December 2012  to 9.00am on 1 January 2013, and be maintained for the next 4 years.

 

Background

 

In 2011 a number of Councils in the vicinity of Sydney Harbour implemented APA and AFZ’s across their Local Government Area’s (LGA) to assist in managing the increasing number of people that were gathering in public areas to participate in the New Year’s Eve celebrations. In recent years the level of alcohol consumption and unruly behaviour has lead to a greater number of public areas being declared as APA and AFZ’s.

 

It was apparent, after the most recent NYE celebrations, that Manns Point was listed in a Sydney newspaper and on a prominent website, as a park that had a good viewing area for the NYE fireworks as well as a location where alcohol could be consumed. In contrast to other locations Manns Point was not a declared APA.

 

The reason that this and other areas in the Lane Cove LGA had not been declared as APA and AFZ’s, was that this particular location in the past had generally only attracted families and those looking for a quiet, low key location to view the NYE celebrations and therefore didn’t warrant the area being regulated in this manner.

 

Due to the adoption of APA and AFZ’s in the North Sydney LGA, the Manns Point location became a more attractive location for those looking to consume alcohol. As a result approximately 2000+ people were in attendance at this location, with anecdotal reports that a large number of heavily intoxicated persons were present, some sections of the crowd were unruly and rocks were being thrown from the headland that resulted in a woman being hit in the face and requiring medical assistance. It should be noted that no arrests were made on the evening by the small contingent of police that were required to attend and observe the gathering.

 

The following morning (1 January 2012) Council was in receipt of a large number of complaints regarding the amount of waste that was covering the Manns Point Reserve. The waste was comprised of significant amounts of alcohol bottles (wine and beer), general paper litter and camping furniture.

The additional waste bins and additional temporary toilet facilities that were provided at Manns Point were consistent with the resources that were provided in the previous years, but with the increased number of people gathering at this location, these facilities were inadequate to cope with such an increase in numbers at this location.

 

Discussion

 

Following Council’s Ordinary Meeting of the 16 April 2012, the proposal to establish APA and AFZ’s was placed on public exhibition for 6 weeks and has undertaken the following public consultation to obtain feedback and input into the proposal to establish APA’s and AFZ’s in the Lane Cove LGA:-

·    2000 public notices delivered to households in the areas effected by the proposal;

·    Public Notices placed in the North Shore Times newspaper, in Council Library’s, on community notices boards and the Council Chambers; and

·    Over 3500 emails sent out to local residents registered with Council for current issues/news.

 

34 responses were received, with letters of support from the Local Area Command and the NSW Anti Discrimination Board , Greenwich Community Association Incorporated and 25 responses in support of the proposal with the following comments:-

·    Proposal was a good idea and should be supported;

·    APA and AFZ’s should be enforced for the whole year and not just New Year’s Eve;

·    Kingsford Smith Oval should be included due to the number of people that gather their and the unruly behaviour that sometimes occurs; and

·    APA and AFZ’s should be in place for other major events where people are likely to gather.

 

9 Responses were received from residents opposing the proposal with the following comments:-

·    APZ and APA’s should be restricted to Manns Point as this was where the incidents occurred;

·    Establishing the APZ and APA’s was restrictive and would prevent responsible residents from enjoying a glass of wine in the local park; and

·    Was like a “nanny state” measure and will adversely impact on the majority of residents who do the right thing.

 

Having regard to the above responses, in consultation with the Local Area Command, the following parks and roads in the Lane Cove LGA are proposed to be established as APA’s and AFZ’s from 6.00pm on 31 December 2012 to 9.00am on 1 January 2013 in accordance with Section 632A and Section 644 of the Local Government Act 1993:-

 

Alcohol Free Zones (Streets, Car Parks and Footpaths):-

·    Greenwich- Prospect Street, O’Connell Street, Albert Street, George Street, Victoria Street, O’Connell Street, East Street, Mitchell Street, Chisholm Street, Edwin Street, Vista Street, Upper Serpentine Road, Lower Serpentine Road, Harrison Street, Church Street, and Greenwich Road;

·    Longueville - Dunois Street, Wharf Road, Wilson Street, Arabella Street, Nott Lane, Stuart Street, Mary Street, and William Edward Street;

·    Northwood - Northwood Road (to Point Road) and Kellys Esplanade; and

·    Riverview - Kallaroo Road and Karingal Road.

 

Alcohol Prohibited Areas (Public Parks and Reserves):-

·    Greenwich - Manns Point Reserve, Greenwich Point Reserve, Shell Park, Holloway Park, and Greendale Park;

·    Longueville - Aquatic Park, Griffith Park, Longueville Park, Wharf Road Reserve, and Kingsford Smith Oval; 

·    Northwood - Woodford Bay – Bicentennial Reserve and Lloyd Rees Park; and

·    Riverview - Tambourine Park.

 

A map of proposed alcohol free zones and alcohol prohibited areas is attached as AT-1

 

The Police have advised that by establishing  APA’s and AFZ’s it will allow them to manage and control these areas more effectively, where groups of people gather and consume alcohol that may result in the general amenity and safety of an area being negatively impacted upon.

 

Legislation

 

Council is able to establish Alcohol Free Zones (AFZ’s) for roads, footpaths and car parks in accordance with Section 644 (4) of the Local Government Act, 1993 (the Act) that states:-

“(4) The proposed alcohol-free zone may comprise either or both of the following:

(a)   a public road or part of a public road,

(b)   a public place that is a car park or part of a car park.”

 

The primary purpose of this Section is to prohibit the drinking of alcohol on public streets.

 

In addition to regulate the consumption of alcohol in public parks and reserves, Council is able to establish Alcohol Prohibited Areas (APA) in accordance with Section 632A (4) that states:-

“(4) A council may declare any public place (or any part of a public place) in the council’s area to be an "alcohol prohibited area" for the purposes of this section. However, an alcohol prohibited area cannot be established in relation to a public place that is a public road (or part of a public road) or car park.”

 

The primary purpose of this Section is for police to have the power to seize, confiscate and dispose of alcohol where persons are found to be consuming alcohol in a public park.

 

In regards to both Sections of the Act, extensive public consultation is required and approval from the Local Area Command prior to adoption by Council.

 

Conclusion

 

Whilst the number of responses to the public consultation has not been significant (34 responses in total), 74% of responses were in support of Council’s proposal to establish AFZ’s and APA’s.

There is no evidence to suggest that the consumption of alcohol in local parks or streets that are nearby these areas, currently adversely impact on the community or the amenity of the locality, and therefore the establishment of  APA and AFZ’s should be limited to New Year’s Eve when significant numbers of people gather in public areas.

 

Based on the experience of the local police and the incidents of the last New Year’s Eve celebrations, and the establishment of APZ and APA’s in surrounding LGA’s, it s considered reasonable that the community as a whole is safeguarded from the potential excessive consumption of alcohol in public areas.

 

Where excess alcohol is consumed and large gatherings of people occur, as was the experience at Manns Point, the combination of the two can result in unruly behaviour that may adversely impact on the enjoyment of many members of the community who wish to view the New Years Eve fireworks from a public park

 

As the general response from the community has been an endorsement of the proposal, with minimal objections, the establishment of APA’s & AFZ’s in the Lane Cove LGA is recommended.

 

 

RECOMMENDATION

 

That the following Temporary Alcohol Prohibited Areas and Alcohol Free Zones be established from 6.00pm on 31 December 2012 to 9.00am on 1 January 2013 in accordance with Section 632A and Section 644 of the Local Government Act 1993 and be maintained for the next 4 years until 9.00 am on 1 January 2016:-

 

Alcohol Free Zones (Streets, Car Parks and Footpaths):-

·    Greenwich- Prospect Street, O’Connell Street, Albert Street, George Street, Victoria Street, O’Connell Street, East Street, Mitchell Street, Chisholm Street, Edwin Street, Vista Street, Upper Serpentine Road, Lower Serpentine Road, Harrison Street, Church Street, and Greenwich Road;

·    Longueville - Dunois Street, Wharf Road, Wilson Street, Arabella Street, Nott Lane, Stuart Street, Mary Street, and William Edward Street;

·    Northwood - Northwood Road (to Point Road) and Kellys Esplanade; and

·    Riverview - Kallaroo Road and Karingal Road.

 

Alcohol Prohibited Areas (Public Parks and Reserves):-

·    Greenwich - Manns Point Reserve, Greenwich Point Reserve, Shell Park, Holloway Park, and Greendale Park;

·    Longueville - Aquatic Park, Griffith Park, Longueville Park, Wharf Road Reserve, and Kingsford Smith Oval; 

·    Northwood - Woodford Bay – Bicentennial Reserve and Lloyd Rees Park; and

·    Riverview - Tambourine Park.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Map of Proposed Alcohol Free Zones & Alcohol Prohibited Areas in Lane Cove LGA

1 Page

 

 

 


Ordinary Council Meeting 18 June 2012

Results of the Consultation on the 2012/13 Draft Delivery and Operational Plan, Draft Budget and Fees and Charges

 

 

Subject:          Results of the Consultation on the 2012/13 Draft Delivery and Operational Plan, Draft Budget and Fees and Charges    

Record No:    SU4553 - 27813/12

Division:         Corporate Services Division

Author(s):      Craig Wrightson 

 

 

Executive Summary

 

This report outlines the results of the consultation process for Council’s proposed activities for 2012/13 outlined in the Draft Delivery Plan and Operational Plan, Draft Budget and Fees and Charges, which are recommended for adoption, subject to a number of minor amendments.

 

Background

 

Council at its meeting of 16 April, 2012 considered a report on the 2012-15 Draft Budget, Delivery Program and Operational Plan and resolved:-

“Council adopt for the purpose of public exhibition the:-

a)   Draft Budget for the year to 30 June 2012-15 subject to the necessary adjustments being made as a result of the changes to the Fees and Charges under b) below.

b)   Draft Fees and Charges 2012-13 (subject to the amendments)…..,

c)   Draft Delivery Program (Incorporating Operational Plan) 2012-2013; and

d)   2012 Update on the Long Term Financial Plan;

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

 

3.   Following public exhibition, the Draft Budget, Draft Fees and Charges, Draft Delivery Program (Incorporating Operational Plan) and 2012 Update on the Long Term Financial Plan together with any submissions received, be considered at the Council meeting to be held 18 June, 2012.”

 

Discussion

 

Prior to exhibition the changes outlined in the resolution were implemented. Consultation was undertaken up until 6 June 2012 as per the consultation strategy outlined in the previous report. It included:-

·    static public exhibitions at the Council Administration Centre and Libraries;

·    an email to all registered members of the community interested in any matter Council consults on;

·    a website exhibition and survey;

·    a Media Release was issued; and

·    colour public notice in the North Shore Times.

 

Council received a total of 13 survey responses were received to the online survey, no written submissions were received. Full copies of the responses have been circulated separately to Councillors, the main points raised in the surveys are outlined below.

 


Delivery and Operational Plan, Budget and Long Term Financial Plan

 

1.   Concerned there is a focus on social and cultural themes to the detriment of the physical environment and infrastructure.

 

Response

 

Council uses the Quadruple Bottom Line Framework of Environment, Social, Economic and Governance to ensure progress in all areas. Council last year introduced an Infrastructure Levy to ensure infrastructure renewal is adequate.

 

2.   Concern with the constant increase in costs, in particular staff costs, two responses.

 

Response

 

In the latest Division of Local Government Comparative Data, Council’s staff costs ranked 4th lowest as a % of total expenditure of the 32 metropolitan councils. Council has continued to use a combination of staff, contractors and volunteers to deliver it services efficiently. Council has experienced increased demand for it services in recent years, with utilisation increasing particularly in the library, infrastructure delivery and development assessment areas.

 

3.   Concerned about the condition of footpaths, two responses,

 

Response

 

Council introduced the Infrastructure Levy in 2011/12, which provides for expenditure on footpaths to increase by 30% and achieve the required level of spending for optimum footpath renewal.

 

4.   Concerned “the superb azalea display along Epping Rd has been allowed to lapse into a state of decay.”

 

Response

 

      The azaleas along Epping Road flower for a week or so in early spring, with some limited spot flowering at other times. Azalea plants are quite scrappy when not in flower. The plants are getting old and the environment is changing, with increased shade from the trees and shrubs in the neighbouring properties.

 

The azalea garden is maintained by Council staff. Over 100 replacement plants were planted in the winter of 2010 to fill in the gaps where plants had died or been removed during the Epping Road works, but a number of these did not survive the hot dry summer of 2010/11, even with the automatic irrigation. The remaining azaleas have been pruned and shaped and the garden beds weeded.

 

Works are planned for this month (June 2012) to plant some more azaleas, continue with weeding the myoporum garden bed in front of the azaleas, clean the sandstone wall and weed the dianella garden bed between the footpath and the bus lane.


 

5.   Concerned about graffiti.

 

Response

 

Council’s graffiti program has been very successful since its introduction. Council has expanded its contract services in 2011/12 for the removal of graffiti from public spaces and is successful in removing 95% of tags within 48 hours of them being observed or reported. The graffiti removal service will again continue in the 2012/13 operational year, with additional graffiti reduction strategies and technology being investigated during this time.

 

 

6.   Concerned that due to economic stress, Council should do more for business.

 

Response

 

Council continues to fund the Lane Cove ALIVE program which has run various programs to assist business including the creation of the Lane Cove ALIVE App. In the latest 2012 Business Retention and Expansion program “Lane Cove rates well among most businesses. Three in 4 (72%) businesses rate Lane Cove as good or excellent as a place to do business. The proportion of businesses rating Lane Cove as excellent has increased to 18% since 2007.”

 

7.   Concern at lack of increase in bicycle funding and other sustainable transport options, two responses.

 

Response

 

            Council has maintained its current level of bicycle path funding and as part of the implementation of the works associated with the Infrastructure Levy, will upgrade a number of footpaths to be shared paths, one example of this completed this year was in River Road West between William Edward Street and Warraroon Road. The budget provides $50,000 for implementation of Council’s Pedestrian and Mobility Plan to encourage walking.

 

8.   Concerned about waste management options in particular recycling waste locally.

 

Response

 

Council has included funding in the Budget for the new Waste Management Strategy which will look at local and regional Waste Management options.

 

9.   Concerned about the intention to upgrade the Gym facility within the Aquatic Centre. Funds earmarked for this upgrade could be directed elsewhere.

 

Response

 

The expansion is funded by the operator as part of the lease agreement for the Aquatic Centre. Upon completion the second offsite Gym facility in Phoenix Street will close.

 

10. Need to review the aquatic centre… “Not enough lanes given the demand from the different swim schools and clubs operating out of the centre. The change rooms and toilet facilities are inadequate and often revolting. Car parking around the area is an issue every day in the morning and the afternoon after school.”

 


Response

 

The Master Plan for the Aquatic Centre has recommended adding a new learn to swim pool at the Centre. At this stage this would be Stage 4 of any development. The 2012/13 renovations should address some of the issues with the change and toilet facilities by adding new toilets on the top floor of the building. A new cleaning regime is in place that should also reduce the issues with the change facilities. Additional parking which will be accessible to Aquatic Centre patrons will be provided as part of the Little Lane development.

 

11. Children's park facilities are inferior to those offered by Willoughby and North Sydney councils.

 

Response

 

Lane Cove has 48 playgrounds, with almost every resident living within 400m of a playground. Lane Cove has more playgrounds than Willoughby and North Sydney, with 48 playgrounds in Lane Cove LGA, compared to 31 in the Willoughby and North Sydney LGAs (Lane Cove Open Space Plan 2007).

 

There has been a substantial investment, around $850,000, in upgrading the playgrounds since 2006. Council has completely replaced 12 playgrounds and replaced or upgraded equipment in most other playgrounds. A district size playground is budgeted for Blackman Park in 2012/13.

 

12. Revenue raised from hiring of sporting grounds etc be put into increased sports ground maintenance. Insufficient monies allocated to upgrade the Playing Surfaces of Sportsgrounds to Artificial Surfaces. No monies allocated to the creation of Indoor Sports Halls.

 

Response

 

                Council’s revenue from ground rental covers approximately 36% of the maintenance costs. In addition, Council has made considerable investment (over $500,000) in field upgrades in recent years, including levelling, returfing at Pottery Green and Blackman Park.  Drainage works were also completed at Pottery Green. Additional funding is provided in the 2012/13 Budget for fencing upgrades and analysis will be undertaken to determine the best location for an artificial grass sports field. Council has commenced planning for an enhanced recreation facility in the golf course precinct, which proposes three indoor courts.

               

13. It was good to have an opportunity to see the programs and investment that the Council is doing on our behalf.

 

Response

 

The feedback is noted.

           

14. Council should have an overarching sustainability policy that spans all of the various departments rather than being separate.

 

Response

 

Council is, as part of its Charter, required to function in a sustainable manner. Council uses the Quadruple Bottom Line Framework of Environment, Social, Economic and Governance to ensure progress in all areas. The Sustainability Levy is shown separately in the Budget but integrated into the Delivery Plan as all Divisions are responsible. Sustainability is considered in all Council’s individual projects and programs such as procurement.

 

Fees and Charges

 

A small number of typographical errors were identified and amended.  As detailed in the Report titled “Policy on the Use of Public Open Space by Commercial Fitness Groups and Personal Trainers” the fee for Commercial Personal Trainers has been amended to $25 / week.  A fee of $50 per day for Mobile Food Vending has also been added to the Fees and Charges to cater for requests from mobile food vending vehicles to operate on Council land.

 

15. Developers are not paying their fair share.

 

Response

 

Council is able to levy contributions (Section 94 of the EP&A Act) to cover additional infrastructure requirements due to development and Council does this to cover costs associated with expanding roads, traffic, recreation and cultural facilities. These funds can not be used to offset Council’s operational costs.

 

16. “We should be increasing fees on green waste for shops and restaurants......and rewarding reductions......”

 

Response

 

Council currently offers a waste collection service to businesses for the collection and disposal of general waste, paper and containers. It should be highlighted that currently Council does not offer a green/organic waste service and currently only services 150 of the 1500 businesses in the locality. With over 95% of these businesses being of a smaller nature and only being provided with a general waste bin and  240litre bins for the recycling of paper and mixed containers. Current charges for this service will increase by 12.5% in 2012/13 to $8/week or $417.60 per annum, which is 8% more than for a domestic service.

 

Most businesses make private arrangements with private waste contractors for the processing of their waste as their requirements can be specific to their business needs.

 

17. “It would be more appropriate to charge levies on a per person (or per property) basis rather than gearing levies to property values this is consistent with the "user pays" philosophy”

 

Response

 

The Local Government Act does not make provision for this method of revenue raising. A Poll Tax was introduced in the UK for a short period and was abandoned due to its unpopularity. Council’s budget is a mix of Rates (a general tax) and user pays charges.

 

Sustainability Levy

 

When the Sustainability Levy was adopted in 2007, Council resolved to conduct a poll of the community every five years to provide a formal opportunity for the community to review the projects that Council has funded.

 

Council engaged IRIS Research to conduct a deliberative poll of the Lane Cove community to ascertain support for Sustainability Levy projects.

 

Respondents were asked to rate their support for different activities that have been funded by the Sustainability Levy to date, by indicating their support on a scale of 1 to 5. The results are shown below. Overall, residents are supportive of the projects the Sustainability Levy has funded to date.

 

Type of activity (rank order)

Mean score

(out of 5)

Natural environment

4.28

Energy conservation

4.14

Water conservation

4.14

Development and built environment

4.04

Local economy

3.89

Community engagement initiatives

3.54

Society and culture initiatives

3.29

Sustainable transport initiatives

3.28

 

Respondents were also asked to rate their support for different activities that Council could fund from the Sustainability Levy in future years. The results are shown below. Overall, residents support the range of activities that Council is proposing to fund.

 

Type of activity (rank order)

Mean score

(out of 5)

Water conservation initiatives

4.17

Bush regeneration activities

4.15

Energy conservation initiatives

4.01

Ecologically Sustainable Design for future developments

3.93

Implementation of Water Savings Action Plan

3.92

Sustainable Business Program

3.91

Sustainable Apartments Program

3.60

Implementation of Transport Strategic Plan

3.51

 

The deliberative polling demonstrates that the community supports the range of projects funded by the Sustainability Levy, with support highest for water conservation and bush regeneration activities. This suggests that Council should continue to fund a similar range of projects in future years.

 

RECOMMENDATION

 

That:-

 

1.   The Draft Delivery Program and Operational Plan 2012/13, Draft Budget 2012 -2015 and Long Term Financial Plan be adopted;

 

2.   The Draft Fees and Charges as amended for 2012/13 be adopted, subject to:-

a)  the addition of a fee of $50 per day for Mobile Food Vending; and

b)  the amendment of the fee for Commercial Personal Trainers to $25 / week.

 

3.   Council fix the Ordinary Rates and Charges for 2012/13 as:-

            a) Ordinary Rates

(i)    An Ordinary Residential Rate of 0.178038 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 $520, to yield $14,600,532.

(ii)    An Ordinary Business Rate of 0.775291 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 $774 to yield $5,337,507.

(iii)   Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to the Lane Cove Village Commercial Area, (as defined by the metes and bounds description advertised in the North Shore Times on 13 June, 1979), that a Parking Special Rate, of 0.180580 cents in the dollar be made for 2012/13 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00, to yield $143,894.

 

b) Domestic Waste Management Charges

(i)    in accordance with S.496 of the Local Government Act 1993, that an annual charge of $377.00 per annum be made for the year 2012/13, for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service;

(ii)   in accordance with S.496 of the Local Government Act 1993, that an annual charge of $104.00 per annum be made for the year 2012/13, for Domestic Waste Management Services for all properties categorised residential vacant land;

(iii)   in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $5.52 per service  be  made for the year 2012/13, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service);

(iv)  in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $7.25 per service be made for the year 2012/13, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to other single occupancy residential properties;

(v)   in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $7.25 per service be made for the year 2012/2013, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable  properties;

(vi)  in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $7.25 per service be made for the year 2012/2013, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

(vii) in accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $4.00 per fortnightly service be made for the year 2012/13 for each extra recycling service to single residential dwellings.

            c) Interest on Overdue Rates and Charges

(i)    In accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2012 to 30 June 2013 to all outstanding rates and charges be calculated at the maximum interest rate currently 10% as specified by the Minister for Local Government.

 

 

 

 

 


Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 18 June 2012

Pedestrian Access and Mobility Plan (PAMP)

 

 

Subject:          Pedestrian Access and Mobility Plan (PAMP)    

Record No:    SU4719 - 21912/12

Division:         Open Space and Urban Services Division

Author(s):      Nick Karahlis 

 

 

Executive Summary

 

The Pedestrian Access and Mobility Plan (PAMP) provides a strategic and coordinated framework for safe and convenient pedestrian infrastructure for Lane Cove. Council at its meeting on 6 February 2012 endorsed that the draft PAMP be adopted for the purpose of public exhibition.  

 

The plan was placed on exhibition for a period of six (6) weeks. The majority of responses received supported implementation of the PAMP.

 

It is recommended that the Pedestrian Access and Mobility Plan (PAMP) be endorsed by Council for implementation on Priority 1 routes over a ten (10) year timeframe.

 

Background

 

Following the completion of the PAMP study, Council at its meeting on 6 February 2012 resolved the following:-

 “That:-

1.      The Lane Cove PAMP study preliminary report be placed on public exhibition for 6 weeks and community consultation take place in accordance with the consultation strategy outlined in the report.

2.      A further report be submitted to Council following the exhibition period to consider the results of the community consultation.”

 

Community Consultation

 

Public consultation was carried out for a period of 6 weeks. There were 10 submissions received. Nine (9) were from Residents and one from the Lane Cove North Residents Association. Of the 10 submissions received, nine (9) were in favour and one resident did not indicate support as the resident appeared to have difficulty understanding the study. The Summary of the comments and responses received are provided as AT-1.

 

The majority of the responses and comments received identify details which will be taken into consideration at the implementation stage. All other comments received have been noted.

 

It is recommended that the Pedestrian Access and Mobility Plan (PAMP) be implemented in stages and prioritised subject to availability of funding over a 10 year period. Alternative sources of funding will also be explored by Council’s Traffic Section. This could include incorporating funding related to Council’s infrastructure for the maintenance and construction of footpaths and shared bicycle paths. Funding from the Sustainability Levy will also be explored as this project qualifies as a highly ranked sustainability project. State and Federal grants will also be sought.

 

Conclusion

 

The implementation of the PAMP provides Council with a proactive approach to increase the level of walking as an important sustainable transport mode which is expected to benefit highly the health and economic wellbeing of the community. The implementation of improved walking paths identified in the PAMP will be prioritised and constructed starting from the beginning of the 2012-2013 financial year.

 

RECOMMENDATION

 

That:-

 

1.   The responses and comments received from residents and interest groups be received and noted;

 

2.   The Draft Pedestrian Access and Mobility Plan (PAMP), dated November 2011, be adopted; and

 

3.   Priority 1 routes identified in the Pedestrian Access and Mobility Plan (PAMP) be implemented over a ten (10) year timeframe. Other Priority works to be re-examined within that timeframe for funding possibilities.

 

 

 

 

 

 

Wayne Rylands

Executive Manager

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1 View

PAMP Comments and Feedback on PAMP Consultation

4 Pages

 

 

 


Ordinary Council Meeting 18 June 2012

Non Compliance with Fire Safety Standards

 

 

Subject:          Non Compliance with Fire Safety Standards    

Record No:    SU4571 - 28434/12

Division:         Environmental Services Division

Author(s):      Matthew Woodgate 

 

 

Executive Summary

 

Under Section 121ZD of the Environmental Planning and Assessment Act 1979, any reports conducted by Fire and Rescue NSW together with recommendations are to be tabled at the next Council Meeting.

 

Council has received a report from Fire and Rescue NSW relating to the fire safety measures installed/missing from a building located at the Mars Road Business Park, Lane Cove. The report identifies numerous breaches relating to fire safety measures including fire hydrants, Fire Indicator Panels and signage.

 

Background

 

A complaint was received by Fire and Rescue NSW with regard to inadequate fire safety measures contained within a building located at Mars Road Lane Cove West. An officer from Fire and Rescue NSW conducted an on site inspection and subsequently informed Council by way of the non-compliances relating to fire protection.

 

Discussion

 

It is intended to issue a Fire Safety Order to rectify the non compliances set out in the report issued by Fire and Rescue NSW as a matter of priority.

 

 

RECOMMENDATION

 

That Council note that an Order issued under Table 121B of the Environmental Planning and Assessment Act 1979 will be issued to the owners of the building to which the report relates at 27 Mars Road to rectify non compliances and advise Fire and Rescue NSW accordingly.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


Ordinary Council Meeting 18 June 2012

Extension of Independent Audit Committee Appointments

 

 

Subject:          Extension of Independent Audit Committee Appointments    

Record No:    SU740 - 28911/12

Division:         Corporate Services Division

Author(s):      Craig Wrightson 

 

 

Executive Summary

 

The report recommends an extension of the term of the Independent External Audit Committee members to 30 September 2013 to ensure continuity over the Council change over period.   

 

Background

 

A report on the activities of Council’s Audit Committee was considered by Council at its meeting of 16 April 2012.

 

Council undertakes internal audit function through shared resources between North Sydney Council, Hunters Hill Council, Lane Cove Council, Manly Council, Mosman Council and Willoughby Council.

 

Discussion

 

At a recent meeting of the General Manager’s to discuss the operation of the shared function, there was discussion about the appropriateness of ending the term of Audit Committee members at the conclusion of the Council terms as outlined in the Charter (the Audit Committee Charter’s are similar across all the Councils). It is considered more appropriate to extend the term one year beyond the Council elections to allow for continuity, particularly in considering the annual accounts, which involve transactions prior to the incoming Council.

 

The Committee consists of two independent external members, Bernice Kesbah (Chairman) and Mark Shum, and one Councillor (Councillor Scott Bennison). In addition the General Manager, Head of Internal Audit and Executive Manager – Corporate Services attend in a non voting capacity.

 

All committee members have been performing to a high standard, and the independent external members have indicated their willingness to continue in the role. Under the Charter they are eligible for extension or re-appointment.  It is recommended that Council extend the term of the Independent External Audit Committee members to 30 September 2013.  

 

 

RECOMMENDATION

 

That the term of the Independent External Audit Committee members be extended to 30 September 2013. 

 

 

 

 

 

Craig Wrightson

Executive Manager

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.


Ordinary Council Meeting 18 June 2012

Development Application Notification Policy

 

 

Subject:          Development Application Notification Policy    

Record No:    SU1863 - 27303/12

Division:         Environmental Services Division

Author(s):      Rajiv Shankar 

 

 

 

Executive Summary

 

Council in its meeting of 21 May 2012 resolved that a report be submitted to Council regarding the process of renotifying residents, prior to a determination or an inspection, when an amendment has been received to a Development Application.

 

Discussion

 

Notification Policy

 

Notification of  Development Applications is carried out in accordance with Council’s existing policy Notification of Development Applications (B02001) which is attached as AT-1.

 

Amended plans are renotified in accordance with Clause 8 of the policy which is as follows:-

“Amended plans that address those concerns raised by objectors and that are considered not to be significantly different from the original proposal, or amended plans that are considered to have no significant impact on the enjoyment of the adjoining land will not be renotified.”

 

Amended plans which do not meet the above criteria are renotified to the residents.

 

As with any policy of this type, Council staff are encouraged to exercise discretion having regard to their experience and the prevailing circumstances of a particular application. In accordance with Council practice, staff seek to err on the side of caution and renotify if they have any concern that the adjoining or nearby residents could be adversely impacted.

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

BO2001 - Notification of Development Applications

2 Pages

 

 

 


Ordinary Council Meeting 18 June 2012

Water Savings Action Plan

 

 

Subject:          Water Savings Action Plan     

Record No:    SU4340 - 27695/12

Division:         Environmental Services Division

Author(s):      David Wilson 

 

 

Executive Summary

 

At Council’s Ordinary Meeting of the 21 May 2012, a report on the Water Savings Action Plan was deferred for additional information to be provided on the projects to be undertaken.

 

The report clarifies the works to be undertaken in the top 10 Council water consumption sites, with all works being fully funded by State Government’s Waste and Sustainability Improvement Program (WASIP) framework, funding for all recommended actions will be sought through the WASIP program from State Government. No extra funding from Council will be required.

 

Background

 

In 2008, a Water Savings Action Plan was produced by Council as part of the standards required under NSW Government’s WASIP (Waste and Sustainability Improvement Program). As a result of this report, a number of water saving projects were carried out at a number of Council owned sites, including Blackman Park, Tantallon Oval, and Pottery Green Oval. These locations have benefited from this program and achieved a significant reduction in water consumption. The results have been highlighted in the revised Water Savings Action Plan 2012.

 

The 2012 Water Savings Action Plan highlights the achievements of the previous plan and identifies opportunities where further savings can be achieved by analysing water consumption across all Council owned/operated facilities including parks and reserves. The new top ten (10) water consumption sites are:-

 

·    Blackman Park;

·    Bob Campbell Oval;

·    Pottery Green;

·    Tantallon Oval;

·    Council Administration Building (Civic Centre);

·    Council Depot;

·    Azalea Garden;

·    Lane Cove Aquatic Centre;

·    Lane Cove Golf Course; and

·    Kingsford Smith Oval.

 

Over a 30-day period, technical walkthroughs were conducted by Council staff to record and analyse the water consumption patterns in these ten (10) sites; and subsequently recommendations were made to achieve further water saving targets within these ten (10) sites.

 

Discussion

 

The review of water consumption has identified that none of the higher water use sites require significant capital investment at this time. Considering most of the top ten (10) sites have already received infrastructure upgrades/installations through the previous action plan, this result is not unexpected.

 

The report showed that some sites including Blackman Park, Tantallon Oval, and Pottery Green Oval have reached or are approaching maximum water saving potential through upgrades, which means return on investment (ROI) will be significantly lower compared with sites which have not been retro-fitted or upgraded.

 

A separate report undertaken by ARUP, a consultancy company identified water savings projects including irrigation upgrades and soil improvement programs, however as this report is not funded under the WASIP program, it was not considered under the 2012 Water Savings Action Plan.

 

The report also showed that sites which are used extensively by the community such as the Lane Cove Aquatic Centre and Civic Centre can benefit from low cost awareness raising campaigns such as reducing shower times.

 

The following table is the summary of the proposed water saving actions to be undertaken:-

 

Location:

Blackman Park

Recommended Action:

Connecting existing rainwater tank to the amenity block for toilet flushing. The existing amenities block currently uses town water for flushing of toilets

Estimated Cost:

$3,000

labour (app.$200/hour) + materials + diagnostics

Description:

This will include labour cost plus material cost that is required for the installation of the meter and the connecting pipe work. Due to the limited information on the location of water supply lines, diagnostic testing will need to be undertaken to locate the pipes servicing the irrigation system and the various buildings. Once located new pipe work will need to be installed and rectification works undertaken prior to the installation of the new meter.

ROI/Cost Savings ($):

12 Years/$233 per annum

 

Location:

Pottery Green

Recommended Action:

Installation of a sub metre to monitor the water consumption by the Occasional Day Care Centre.

Estimated Cost:

$3,000

labour (app.$200/hour) + materials (copper pipe)

Description:

Water supply to Pottery Green is serviced by a single meter. With only a single meter, separating irrigation use and water consumption from the Occasional Day Care Centre (ODCC) cannot be measured. The ODCC is a privately run business that occupies a Council owned property. Having a sub meter to measure water consumption at these premises will allow Council to determine the water consumption by the lessee and allow for water reduction strategies to be developed and for appropriate charges for the cost of hire to be established.

ROI/Cost Savings($):

Council currently cannot determine the water consumption by ODCC, but it is envisaged that a ROI of approximately 6-7 years based on similar facilities.

 

 

Location:

Council Depot

Recommended Action:

Installation of separate water metres to monitor the water consumption by the Girls Guide Hall, Scout Hall and the Tennis Clubhouse.

Estimated Cost:

$3000

labour (app. $200/hour) + materials

Description:

Currently there is only one water metre that supplies the Depot, the Girls Guide Hall, the First Scout Hall and the Tennis Clubhouse. All of the properties except the Depot are on leased Council properties. Having separate metres will allow Council to determine the exact water consumption by the individual occupants and make better informed decisions in regards to infrastructure upgrades in the future.

ROI/Cost Savings($):

Council currently cannot determine the water consumption by the individual occupants.

 

 

Location:

Tantallon Oval

Recommended Action:

Carry out maintenance program to upgrade existing pipe works.

Estimated Cost:

$500

2 X taps + 1 X cistern + labour (app. $200/hour)

Description:

The assessment on the facility revealed that certain part of the fixtures requires upgrades and repair. The recommended action will allow several fixtures in the amenity block to be repaired/upgraded.

ROI/Cost Savings($):

2.5 years/$200 per annum

 

 

Location:

Azalea Garden

Recommended Action:

Investigate the installation of rain sensor to control the onsite drip irrigation system.

Estimated Cost:

$2000

labour (app.$200/hour) + materials

Description:

Currently the site uses a drip irrigation system that is controlled manually. This creates issue where the system could be in operation whilst the soil does not require irrigation. A rain sensor will enable the system to only operate when required therefore reduce water consumption.

ROI/Cost Savings($):

6.6 Years/$300 per annum

 

 

Location:

Kingsford Smith Oval

Recommended Action:

Retro-fit existing fixtures with water efficient devices.

Estimated Cost:

$1000

 4 X taps, 2 X water efficient WC cisterns + labour

Description:

Kingsford Smith Oval was not included in the last water savings action plan; therefore none of its assets have been retro-fitted. The recommended action will allow this upgrade to make the asset inline with the rest of Council facilities.

ROI/Cost Savings ($):

7 Years/$113.00 per annum

 

 

Location:

Council Civic Centre

Recommended Action:

Design a Staff Education Program focusing on reduce water consumption in the amenity units as well as conserving water for Council held events

Estimated Cost:

$2,000

campaign materials (design + printing) + other

 

$1,000

Waterwise monitor equipment + annual service fee

Description:

The Civic Centre has undergone extensive upgrades since the last water savings action plan was prepared and implemented. Further opportunities are identified in staff education on water wise actions. It is also possible to install a Waterwise Monitor for 24/7 water consumption logging.

ROI/Cost Savings ($):

It is estimated that up to 5% further savings can be achieved through this program.

 

 

 

Location:

Lane Cove Aquatic Centre

Recommended Action:

Community Education Program similar to Civic Centre education program.

Asset NSW Waterwise Monitor for the 50m outdoor pool water metre.

Estimated Cost:

$2,000

Campaign materials (Design + Printing) + other

$1,000

Waterwise Monitor equipment + annual service fee

Description:

Lane Cove Aquatic Centre is the recipient of the previous water savings action plan initiatives. It also has a 24/7 Waterwise Monitor installed on the main water metre supplying the complex. However the 50m outdoor pool is not monitored. The program will install a similar device on the outdoor metre for 24/7 monitoring and also initiate a community education campaign in the centre to encourage patrons to reduce shower times and eliminate waste.

ROI/Cost Savings($):

It is estimated that up to 5% further savings can be achieved through this program.

With the extra Waterwise Monitor, both Council and the lessee will be able to have 24/7 forward warning on the water consumption in the 50m outdoor pool.

 

Funding Source

 

As all of the recommended actions were produced under the State Government’s Waste and Sustainability Improvement Program (WASIP) framework, funding for all recommended actions will be sought through the WASIP program from State Government. No extra funding from Council will be required to undertake these works.

 

Conclusion

 

The 2012 Water Savings Action Plan identifies water saving opportunities in the following categories:-

·    Retro-fitting existing water consumption devices;

·    Community awareness raising campaigns; and

·    Modification of existing work practice.

 

The return on investment (ROI) for these projects, have been calculated on current costs for water. It is envisaged that as the costs for water are expected to increase significantly over the coming years, the returns on the investment by undertaking these works in the next year will be reduced.

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Water Savings Action Plan 2012

66 Pages

 

 


Ordinary Council Meeting 18 June 2012

Council Snapshot

 

 

Subject:          Council Snapshot     

Record No:    SU220 - 28779/12

Division:         General Managers Unit

Author(s):      Millie Stephen 

 

 

Executive Summary

 

Attached for the information of Councillors is a review of Council’s recent activities, entitled Council Snapshot.  This report provides a summary of the operations of each division.

 

 

 

 

RECOMMENDATION

 

That Council receive and note the report.

 

 

 

 

 

 

Peter Brown

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1 View

Council Snapshot

57 Pages