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Agenda

Ordinary Council Meeting

17 August 2015

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, 48 Longueville Road Lane Cove on Monday 17 August 2015 commencing at 7:00pm. The business to be transacted at the meeting is included in this business paper.

 

Yours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor David Brooks-Horn. 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 on 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 on the agenda.

 

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

 

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

 

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under the Government Information (Public Access)  Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation.

 

 

 


Ordinary Council 17 August 2015

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 - 20 JULY 2015

 

Mayoral Minutes

 

2.      Cameraygal Festival - Match Box Art Project

 

3.      Expenditure Report - 27th Annual NSW Local Government Aboriginal Network Conference

 

Orders Of The Day

 

Notices of Motion

 

4.      27th Annual NSW Local Government Aboriginal Network Conference

 

Officer Reports for Determination

 

5.      Osborne Park and Gore Hill Parking & Traffic Study

 

6.      Strategic Review of Lane Cove ALIVE Leadership Group

 

7.      Planning Proposal 23: Nicholson / Christie Streets (Nature Care)

 

8.      Motions for Submission to the Local Government NSW Annual Conference 2015

 

9.      Policy on Payment of Expenses and Facilities to Councillors

 

Officer Reports for Information

 

10.    Smoke Free Commercial Outdoor Dining Laws

 

11.    Lane Cove Community Nursery - 10 Year Anniversary - Thank You to the Volunteers

 

12.    4th Quarter Review of the Delivery Program and Operational Plan

 

13.    Council Snapshot  


 

Ordinary Council Meeting 17 August 2015

Cameraygal Festival - Match Box Art Project

 

 

Subject:          Cameraygal Festival - Match Box Art Project    

Record No:     SU4985 - 47594/15

Division:         Lane Cove Council

Author(s):       Councillor David Brooks-Horn 

 

 

Council is partnering with Match Box Projects to deliver People Make Places: Lane Cove during the 2015 Cameraygal Festival.  The Lane Cove community is invited to consider their own sense of place by creating a small matchbox-size artwork expressing what it is they love about living and working in Lane Cove.  The artists will be attending the Council meeting of 17 August, 2015 to introduce the project and to provide inspiration for Councillors and staff to complete their own match box projects. Councillors will e asked to complete their match box size artwork in readiness for them to be displayed at the Village Fair on 11 October, 2015.

 

Match Box Projects: People Make Places is an evolving global participatory art project by artist-duo Leanne Shedlezki and Naomi Shedlezki. They are inviting individuals from all over the world to consider their own sense of place by creating a small matchbox-size artwork expressing what they wish to share with the world about where they live.

 

The People Make Places: Lane Cove project aims to:-

·     Encourage community participation and engagement across a wide and diverse demographic;

·      Inspire local residents to consider their own sense of place;

·      Link people and places with their local community;

·      Create a sense of belonging and pride in the locality; and

·      Celebrate and develop greater awareness and mutual understanding of the people, places, communities, activities and businesses of a region on a local, national and international level.

 

These aims complement Council’s Love Where You Live, Lane Cove project.  As a result Council has engaged the Match Box Projects artists to deliver the People Make Places: Lane Cove project, throughout the Cameraygal Festival as it complements the Festival theme ‘Lane Cove Shines.

 

Over the next nine (9) weeks the artists will be working within the Lane Cove community delivering a range of workshops and inviting hundreds of locals to create their own art work.  The artists will encourage participation, distribute match boxes, photograph the finished works, record a voice description of the artwork and capture the artists’ details.      

 

Councillors, staff and the wider community are being encouraged to participate in the project and share what it is they love about living and working in Lane Cove as part of their match box creation.  Completed works will become part of the touring Match Box Project with Council utilising photographs and recordings of completed works in future projects and potentially an exhibition.

 

RECOMMENDATION

That the report be received and noted.

 

 

 

Councillor David Brooks-Horn

Mayor

 

 

ATTACHMENTS:

There are no supporting documents for this report.


 

Ordinary Council Meeting 17 August 2015

Expenditure Report - 27th Annual NSW Local Government Aboriginal Network Conference

 

 

Subject:          Expenditure Report - 27th Annual NSW Local Government Aboriginal Network Conference    

Record No:     SU846 - 47421/15

Division:         Lane Cove Council

Author(s):       Councillor David Brooks-Horn 

 

 

                                                              

On 3 August 2015, Councillor Bennison requested permission to attend the Annual NSW Local Government Aboriginal Network Conference 2015.   As notice of this conference was not received prior to the Ordinary Council Meeting of 17 July 2015, I approved Councillor Bennisons’ attendance at the Conference at a cost of $494.24 pursuant to Council Policy D02001.2 which stipulates that:-

 “The Mayor has delegated authority to authorise any work which in his/her opinion is urgent and the cost not exceeding $5,000 and report such expenditure to the next meeting of Council.”

 

I note that the expenditure covers Councillor Bennisons’ registration at the conference only and that all travel and other associated expenses were paid for by Councillor Bennison. 

 

A report will be submitted to the August Council Meeting by Councillor Bennison addressing the matters considered at the conference.

 

 

RECOMMENDATION

 

That Council endorse the attendance of Councillor Bennison at the 27th Annual NSW Local Government Aboriginal Network Conference.

 

 

 

 

 

 

Councillor David Brooks-Horn

Mayor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

         


 

Ordinary Council Meeting 17 August 2015

27th Annual NSW Local Government Aboriginal Network Conference

 

 

Subject:          27th Annual NSW Local Government Aboriginal Network Conference    

Record No:     SU3474 - 47423/15

Division:         Lane Cove Council

Author(s):       Councillor Scott Bennison 

 

 

 

I attended the 27th Annual NSW Local Government Aboriginal Network Conference 2015 in Port Macquarie from Wednesday, 5 August to Friday, 7 August 2015. 

 

The Program for the conference is attached as AT-1.  A further report will be tabled at the Ordinary Council Meeting of 17 August 2015 outlining the aspects of the conference relevant to council business and the local community in line with Council’sPayment of Expenses and Provision of Facilities to Councillors” policy (C04004).

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Councillor Scott Bennison

Councillor

 

 

ATTACHMENTS:

AT‑1 View

27th Annual NSW Local Government Aboriginal Network Conference Program.

5 Pages

 

 

   


 

Ordinary Council Meeting 17 August 2015

Osborne Park and Gore Hill Parking & Traffic Study

 

 

Subject:          Osborne Park and Gore Hill Parking & Traffic Study    

Record No:     SU5586 - 46828/15

Division:         Open Space and Urban Services Division

Author(s):       Abdullah Uddin 

 

 

Executive Summary

 

This report summarises the community consultation outcome of Osborne Park and Gore Hill parking and traffic study. It is recommended that a combination of three (3) hour time restricted parking overlaid with a Residential Parking Scheme (RPS) on weekdays be provided on one side of the street with unrestricted parking on the other side in a reduced study area.

 

Background

 

The matter was last considered by Council at its Ordinary meeting held on 15 June 2015 where it was resolved in part, that:-

 

“2.        A future Councillor Workshop be held which explores further opportunities for improving parking conditions in residential areas including opportunities for changing State laws to improve convenience, safety and capacity; and

 

3.         A survey be undertaken of each of the streets proposed to have parking restrictions implemented to determine the residents view on the proposed implementation of new restrictions and an explanation of the resident parking scheme and visitor parking scheme be included.”

 

The new proposed restrictions under Part 3 of the resolution are that one side of the street is to be unrestricted, for all day parking whilst having time restricted 3P parking on the adjacent side of the street for short-term visitors. A Resident Parking Scheme (RPS) will be introduced in conjunction with the changes, effectively allowing residents (with a RPS permit) to park on both sides of the street for an unlimited time period.

 

This report addresses the outcome of community consultation in accordance with recommendation 3 above.

 

Discussion

 

Preference for the Proposal

 

In total approximately 2,000 letters were delivered to the local residents, and Council received 186 responses (9.3% response rate). Out of the 186 responses, 49% responded were supportive to the proposed 3P Residential Parking Scheme (RPS) in one side and unrestricted parking in the other side in each individual street within the study area as shown in Figure 1. It should be noted that Council’s community consultation letter stated that:

 

“If no response is received by the above date, it will be assumed that you have no objections to the revised recommendations.”

 

Based on the above comments, those who did not respond to the survey are considered to be favorable to the proposal. As such, only 5% of the community has objected to the proposed parking restrictions.

 


A street by street support for the proposed parking restriction is shown in Figure 2.

 

Figure 1: Support and Objection for the proposed parking restriction

 

The above figure shows that the majority of the respondents along the north-eastern precinct, closer to Pacific Highway, are supportive to the proposed parking restrictions. Streets generally located away from the Highway are not supportive.

 


The response in each individual street is presented in Table 1.

 

Street

No of Response

Support

Object

Mafeking Ave

2

2

0

Gatacre Ave

6

5

1

Alison Ave

3

2

1

Angus Ave

5

3

2

Cobden Ave

7

5

2

Haldane Cr

1

0

1

Haldane Ln

0

0

0

Kimberley Ave

6

2

4

Joseph St

3

3

0

First Ave

6

1

5

Fourth Ave

2

0

2

Third Ave

0

0

0

Campbell Ave

0

0

0

Richardson Street East

1

1

0

Osborne Rd

6

2

4

Second Ave

5

2

3

Panorama Rd

2

1

1

Ronald Ave

16

7

9

Crowther Ave

10

6

4

Innes Rd

18

4

13

Hinkler St

2

1

0

Omar St

0

0

0

Balfour St

4

1

3

Kingslangley Rd

8

3

3

Wisdom Rd

2

1

1

Bellevue Ave

12

2

10

Sarner Rd

2

1

1

Greenwich Rd

4

4

0

Buller Ln

0

0

0

Valleyview Cr

0

0

0

Landsdowne St

3

1

2

Morven Gardens Ln

0

0

0

Ulonga Ave

3

0

3

St Vincents Rd

0

0

0

Elcedo Ln

0

0

0

Pacific Hwy

13

11

2

Table 1: Community responses in each individual street

 

The table above shows that the highest number of response was received from the residents of Innes Road, followed by Bellevue Avenue where existing 2P RPS are in place in both sides of the streets. The possible reason for the objection is that the current RPS would be replaced by one side only. This issue can be addressed by allowing the status quo to remain, however, restrictions would change from 2P to 3P to make enforcement easier through uniform 3P time restrictions.

 


Preference for the Side of the Street to be Unrestricted Parking

 

Figure 3 below shows the respondents’ preference for which side of the street should be RPS and which should be unrestricted.

 

Figure 2: Preferred side of RPS

 

Based on Figure 3, the majority of the community are not concerned about the side of proposed RPS. In Gatacre, Angus & Second Avenues, Osborne & Greenwich Roads and Joseph Street have support for odd numbered properties (western side), whilst Mafeking Avenue, Haldane Crescent and Richardson Street East have support for even numbered properties (southern side). Therefore, it is recommended that parking restriction should be generally installed on the western and southern side for consistency and enforcement convenience. However, each individual street will be assessed and RPS and unrestricted parking side will be determined based on following principles:-

·    Traffic safety;

·    Location and number of driveways;

·    Road geometry;

·    Bus stops; and

·    Achievement of maximum number of parking spaces.

 

Entitlement to RPS Permits

 

Based on the availability of off-street parking and number of vehicles in each household, 40% of respondents will be eligible for at least one parking permit under Council’s current parking policy. A street by street indication of parking permit eligibility is shown in Figure 4.

 

Figure 3: Eligibility for RPS permit

 

Figure 4 shows that majority of the respondents in the study area will not be eligible for any parking permit. However, the majority of the respondents in Osborne Road, Crowther and Bellevue Avenues will be eligible for at least one parking permit.

 

It is acknowledged that some residents will require a permit based on their personal circumstances, despite their current ineligibility. Although RMS parking permit guidelines stipulates the RPS eligibility criteria, to assist the residents, it is proposed that Council in future will consider the personal circumstances of the applicant to issue a parking permit although non-compliant with Council’s RPS policy. This practice has been adopted by a number of neighbouring councils. This ‘special consideration’ of issuing a parking permit will be at the discretion of the General Manager, be for a 12 month period and will have regard to demand for permits in the actual street.

 

A summary of respondents’ comments and Council’s response is provided in Table 2:

 

Matter

Comments

Not supportive to the RPS scheme due to not being eligible for parking permit.

Council will consider personal circumstances in processing parking permit applications.

This is a blanket proposal which does not take into account special requirements for certain streets. The "Top" end is completely different to the "Bottom" end of the study area.

A street by street parking restriction is not supported due to potential parking ‘spillover effect’ and enforcement difficulty. It is difficult to satisfy everybody’s needs in parking as circumstance vary from person to person. As long as the proposal is beneficiary to majority of the community, area wide parking restriction should be implemented. It has been proven effective in many LGAs in Sydney and beyond.

Removal of the Bus Zones from the residential streets due to low bus patronage.

 

This proposal is not supported as STA buses serve the local community as an alternate mode of transport to driving. Further, many school children and elderly rely on STA buses. Bus routes are under State Government’s jurisdiction and Council will not support removal of the existing bus routes from local streets.

The proposed 3P parking is too long and will provide opportunity to day time workers to move their vehicles in certain intervals.

A consistent 3P parking limit is proposed for easier enforcement. Many streets within the study area are at an excessive walking distance from Pacific Highway. The proposed 3P RPS will also assist residents’ day time visitors parking longer in residential streets.

Unrestricted parking will be fully occupied by the day time commuters. Suggest 3P RPS on both sides of the streets.

The proposed 3P RPS and unrestricted parking will balance the availability of on-street parking. RPS on both sides of the street may result in underutilisation of the parking spaces which is not supported.

Many residents have boats and trailers which can be parked in the unrestricted side of the street.

The area is well served by public transport and there should not be any reason for commuters to drive into the area. Nonresident vehicles will be left behind in the unrestricted zones. Introduce more effective restriction to prevent commuter parking.

The proposed scheme will prohibit long term commuter parking in half of the residential streets which will be available for residents and their visitors. Long term ticket parking in the unrestricted side will be investigated in the future to restrict all day free parking by the commuters.

If implemented, vehicles would not be able to park and this would increase speeds and Council will have to spend more on traffic calming.

If speed becomes an issue after implementation of the proposal, necessary action will be undertaken in due course. Do nothing scenario is not an option.

Residents’ visitors will be disadvantaged with the proposal.

Residents’ visitors will able to park up to three hours in the RPS zones on weekdays and all day during the weekend. Visitors will able to apply for visitor parking permits to park unlimited in the RPS zones.

Lack of enforcement.

Council will ensure regular enforcement of the RPS zones once it is implemented. The extent of the area will make higher levels of monitoring feasible.

Potential increase of driveway encroachment in the unrestricted side.

Residents can request the installation of painted lines to mark problem driveways at minimal cost. Council’s parking officers will take appropriate action in driveway encroachment matters.

Table 2: Matters Raised and Council’s Responses

 

Based on the community response, it is recommended to implement the proposed ‘3P; 8am-6pm; Mon-Fri; Permit Holders Excepted’ parking restriction on one side and unrestricted parking on other side in a revised area as shown in Figure 4. All existing regulatory signposting such as No Stopping, No Parking and Bus Zones will be retained. The streets currently have RPS on both sides such as Innes Road, Bellevue Ave, 3P RPS will be installed on both sides. As Pacific Highway is a RMS controlled State Road, Council is unable to install RPS in this State Road.

 

RMS guidelines require RPS’s to be considered by the Traffic Committee. Subject to their agreement, once the RPS is installed, Council will monitor its effectiveness and continue to receive community feedback.

Figure 4: Proposed Parking Restriction Area


Conclusion

 

This report recommends a 3P RPS on weekdays on one side and unrestricted parking on the other side in a revised study area. Council will consider ‘special circumstances’ to those applicants who do not meet Council’s current RPS policy in obtaining a parking permit.

 

RECOMMENDATION

That:-

1.   Council install ‘3P; 8am-6pm; Mon-Fri; Permit Holders Excepted’ parking restriction on one side and unrestricted on the other side to the study area shown in Figure 4;

2.   All regulatory signposting be retained and where there is existing two hour RPS on both sides of the street, three hour RPS will be installed on both sides of the streets; and

3.   The General Manager consider ‘special circumstances’ in respect of Resident Parking Scheme Permit applications where an application does not meet Council’s RPS policy.

 

 

 

 

 

Martin Terescenko

Manager Assets

Open Space and Urban Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 17 August 2015

Strategic Review of Lane Cove ALIVE Leadership Group

 

 

Subject:          Strategic Review of Lane Cove ALIVE Leadership Group    

Record No:     SU5093 - 46959/15

Division:         Corporate Services Division

Author(s):       Craig Dalli 

 

 

Executive Summary

In March 2013, Council resolved that a review be undertaken of Lane Cove ALIVE Leadership Group (LCALG). Place Partners were subsequently engaged to undertake an independent review on behalf of Council, with their report being work shopped with Councillors and formally reported to Council on 21 April 2014, where it was resolved to set up a Councillor Working Party to develop an MOU with LCALG to consider future priorities, alignment and structure for LCALG and to report back on the outcomes of the process.

 

Additionally, following the Board of LCALG standing down in October 2014, a further report was considered by Council on 17 November 2014 with it being resolved that the Working Party progress a Business Plan including proposed Terms of Reference and Governance arrangements. As a result of this comprehensive review which also involved Councillors work shopping strategic objectives for enhancing the cultural and economic vibrancy of Lane Cove Village, various governance options and alternate methods of delivering on the strategic objectives, it will be recommended that Council not proceed at this time with re-establishing Lane Cove ALIVE or a similar organisation. This being on the basis that Council has already been able to achieve certain key drivers for setting up Lane Cove ALIVE including engaging with the community in the planning and delivery of infrastructure improvements for the Village such as the Plaza upgrade and increasing the promotions and events program for the Village.

 

Background

Lane Cove ALIVE Leadership Group (LCALG) was established as an independent organisation charged with implementing the Lane Cove ALIVE revitalisation project designed to invigorate and enhance the character and amenity of Lane Cove Village.

 

LCALG was created as a result of a key recommendation of Council’s Lane Cove ALIVE Action Plan 2005. The initial LCALG Board was selected in 2006 through an independent interview panel process with 10 members comprising 4 community/resident members, 4 local business/commercial property owners, a youth representative and the General Manager or his/her nominee of Council.

 

The Lane Cove ALIVE Action Plan was developed in 2005 by Council through a process of extensive consultation with all community stakeholders. The Action Plan identified actions to ensure the future prosperity of Lane Cove Village Centre. In its designated role of implementing the findings outlined in the Action Plan, LCALG prepared a Strategic Plan which indentifies ways of moving forward to create a sustainable and revitalised town centre that is responsive to social, economic, community and cultural needs.

 

Due to concerns about the direction of LCALG and misalignment of priorities with the objectives and priorities of Council, on 18 March 2013, Council resolved that a review be undertaken of Lane Cove ALIVE Leadership Group (LCALG).

 


As a result, an independent review of Lane Cove ALIVE Leadership Group was commissioned and Place Partners were subsequently engaged to investigate and prepare a report for Council.

 

The review provided an understanding of the role and function of Lane Cove ALIVE, the current activities, as well as the business and community perception of the LCALG, its activities and its purpose.

 

Review Outcomes

 

Following completion of the report, Place Partners presented their report to Councillors which identified a misalignment of priorities and the importance of establishing relevant KPI’s to measure the success of LCALG. Consequently, Council at its meeting of 21 April 2014, considered a report on the Strategic Review of LCALG and resolved as follows:-

·     Council establish a working group consisting of the Mayor, General Manager and/or his nominee, Councillor Hutchens, Councillor Bennison and Councillor Strassberg, with no alternates;

·     The terms of reference of the working group includes but not limited to the following:-

a.    Prepare a draft Memorandum of Understanding (MOU) between Lane Cove Council and Lane Cove ALIVE Leadership Group to address the misalignment of objectives and other items identified in the report prepared by Place Partners;

b.    Present the draft MOU to the Board of Lane Cove ALIVE Leadership Group for consideration prior the next scheduled Board Meeting;

c.    Advise any items, objectives, or outcomes identified in the MOU;

d.    Commence a due diligence process to ensure that future activities of Lane Cove ALIVE Leadership Group are aligned with Council objectives; and

e.    If Lane Cove ALIVE Leadership Group does not agree to the MOU, that the working group be authorised to develop alternative strategies to address the misalignment and other issues raised in the report prepared by Place Partners.

·     All funding for any new commitments and/or new projects of Lane Cove ALIVE Leadership Group cease until the due diligence process is completed;

·     The General Manager be delegated authority to implement any items, objectives, or outcomes identified in the MOU and/or other issues that may be identified by the Working Group; and

·     At the conclusion of the due diligence process a report come back to Council detailing the outcomes of the process.

 

Despite a number of meetings and ongoing discussions, agreement was not formally reached with the Board of LCALG, and at their Annual General Meeting on 21 October 2014 they stood down. As a result, a further report on the Strategic Review of Lane Cove ALIVE Leadership Group was considered by Council at its meeting on 17 November 2014, where it was resolved that the Working Party develop a Business Plan for LCA including proposed terms of reference and governance arrangements.

 


Future Direction for LCALG

Since the commencement of the review, Councillors and the Working Party have work-shopped on a number of occasions the proposed future direction of LCA including possible alternate structures, priorities, direction and governance arrangements. Councillors have completed a survey of what they propose as High, Medium and Low priorities for LCALG moving forward which are addressed later in this report. The Working Party also identified the following key Strategic Objectives for Lane Cove ALIVE of which actions could be assigned against:-

·    Support Existing Business – including integration with the Chamber of Commerce;

·    Encourage New Business;

·    Marketing and Promotion of Lane Cove Village; and

·    Integration of Business and the Community i.e. Stakeholders.

 

Also the Working Party proceeded with developing a Business Plan for Lane Cove ALIVE based on the four (4) core Strategic Objectives and including the following SWOT analysis, prioritisation of activities by Councillors and proposed performance indicators. The SWOT analysis identified the following:-

 

 

Strengths

 

Opportunities

Brand

 

Self Funding

Governance

 

Local Resources Professional/Volunteers

Interested Parties

 

Collaboration

Plaza Amenity

 

In the Cove

Systems

 

 

 

 

 

Weakness

 

Threats

Resources

 

Status Quo

Governance

 

Relevance

Lack of Identity

 

Alternate Shopping areas

Misalignment in objectives

 

 

 

Alternate Delivery Options

 

One of the key drivers for the establishment of LCA was to implement a revitalisation project to invigorate and enhance the character and amenity of the Village. Subsequent to the establishment of LCA, a Strategic Plan was developed by the Board which included actions to enhance the vibrancy and amenity of the Village and to facilitate business growth in the Village including shop front improvements, events and markets, promotions and support for business operators.

 

At that time, planning was underway for implementing projects in the Village Structure Plan including the next stage of the Plaza upgrade, redevelopment of Rosenthal Car Park site and Little Lane Car Park redevelopment. As it is, the Stage 2 upgrade of the Plaza has been completed and delivery of the carparking and community space components of the Little Lane project are expected by the end of 2015. Planning is well advanced for the Rosenthal Car Park upgrade with significant community engagement and interest in the project, particularly the public domain component. This being the case, it is considered that there is no purpose at this time for a separate body to assist Council with the planning of any major infrastructure projects for the Village area.

 

In terms of events, Council has significantly enhanced funding and resources for the staging of community events throughout Lane Cove with the majority centered in and around the Village area. These events are held to meet the social and cultural needs of the community and at the same time are attracting more diverse crowds providing benefits for local businesses consistent with other key objectives set for LCA. Also, have staff upgraded the Lane Cove ALIVE business directory App which will also be accessible from the touch screen soon to be installed in the Plaza. Local social media have also contributed to awareness of business in the Village with regular updates of new and closing businesses.

 

Council has also recently work-shopped delivery options for the further enhancement of the Village area including:-

i.    Renew Australia – A program focused on revitalising town centre and strip shopping areas under stress and experiencing significant shop vacancies;

ii.   Direct Targeting of Potential Tenancies – Involving engagement of a commercial real estate agent to undertake a Retail Needs Analysis to identify gaps in the current retail offering in the Village and target those organizations with an attraction plan;

iii.   Place Making Strategy – Project involves engaging a consultant to undertake research on what is working in the Village area and what is not from a retailers and customers perspective and to develop a strategy for change and delivery of actions; and

iv.  Facilitating Creation of work space for home based business – This project focuses on providing support to the large number of start-up and home based businesses in the Lane Cove area providing dedicated work space and a collaborative environment for the range of innovative businesses and entrepreneurs in the area.

 

In considering these options, it is noted that a recent audit identified that there are only approximately 12 street level shop/office vacancies in the Lane Cove Village area out of approx 207 premises or a vacancy rate of 5.8%, which is a relatively low vacancy rate and not a signal of a commercial area in distress. The Renew Australia concept suits areas such as parts of Hunter Street in Newcastle, Docklands in Melbourne and now Norton Street in Leichardt which have been or are currently experiencing high shop front vacancy rates. This is not the case with Lane Cove Village. Similarly, as the Village area is currently enjoying a vibrant period and the benefits of an upgraded Plaza, a Place Marking Strategy is not considered a priority at this stage. Targeting retailers would be best served when there is adequate suitable stock available unlike the present.

 

It is therefore proposed that investigations be carried out into providing support for our fledging start up entrepreneurs and home-based business owners by identifying a dedicated work space preferably in the Village area, providing resources and a collaborative environment as well as networking opportunities.

 

It is proposed that this project be investigated with the assistance of consultants/agents to identify the level of interest, feasibility and a business plan for developing and implementing the concept. Projects such as this have the potential to provide significant economic and social returns on investment for the community. They also reflect the aspirations of Council identified in this report for the Village such as:-

·    Supporting existing businesses;

·    Encouraging new businesses;

·    Marketing and promotion of Lane Cove Village; and

·    Integration of business and the community.

 

 

 

Conclusion

The independent review of LCALG identified a misalignment of priorities between the objectives of the Board and Council. The review has provided Council the opportunity through its Working Party to identify core strategic objectives for LCALG or a similar organisation moving forward and governance arrangements including a revised structure.

 

The business planning undertaken by the Working Party and workshops involving Councillors have identified a number of key priorities for creating and maintaining a sustainable Lane Cove Village. Many of the priorities have been or can be achieved through either direct or facilitated involvement by Council.

 

In particular, the upgrade of the Plaza has been completed further enhancing the Village atmosphere and vibrancy and providing long term social and economic benefits for the community and local businesses. Additional car parking will be available in Little Lane by the end of 2015 and the planning for the redevelopment of the Rosenthal Car Park site is well advanced with high levels of community engagement and excitement evident for this project, particularly the public domain component. Additionally, in recent years Council has significantly increased its events program with the majority of events held in and around the Plaza providing further benefits for the Village.

 

The achievements in delivering infrastructure enhancements and expanding the calendar of events as well as proposed targeted activities, are reflective of the ideals for initially establishing LCA and the priorities for the Village as identified by the Councillor Working Party and at Councillor workshops. As these priorities and objectives are now being delivered through direct Council programs, it will therefore be recommended that Council not re-establish a separate body such as LCA at this time. It will also be recommended that investigations be carried out into establishing a collaborative dedicated workspace for home-based and start up businesses in Lane Cove.

 

 

RECOMMENDATION

That Council:-

1.   Receive and note the contents of the report;

2.   Not proceed with the re-establishment of a Board for Lane Cove ALIVE as many of the strategic actions to revitalise the character  and vibrancy of Lane Cove Village have now been achieved or are being delivered directly through Council programs and projects; and

3.   Investigate the provision of a dedicated collaborative workspace for home-based and start up businesses in Lane Cove.

 

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 17 August 2015

Planning Proposal 23: Nicholson / Christie Streets (Nature Care)

 

 

Subject:          Planning Proposal 23: Nicholson / Christie Streets (Nature Care)    

Record No:     SU5839 - 48003/15

Division:         Environmental Services Division

Author(s):       Stephanie Bashford 

 

 

Executive Summary

 

A planning proposal has been submitted to Council to rezone a site at 46-50 Nicholson / 59-67 Christie Streets, St Leonards (the Nature Care site). The proposal was lodged by JBA Urban Planning Consultants Pty Ltd, on behalf of the owners, Jemalong Property Group. The proposal seeks to amend Local Environmental Plan 2009 to:-

·    Rezone the site from B3 Commercial Core to B4 Mixed Use;

·    Increase the height from 25 metres to 187 metres (57 storeys over underground parking); and

·    Increase the floor space ratio from 4.5:1 to 17:1 (the concept plan provides FSR 17.2).

 

This resulting development would potentially increase the site’s uses by providing:-

·    361 apartments (34,086m2);

·    229 car spaces; and

·    commercial floor space of 4,785m2 (according to the Hill PDA economic report, of which 335m2 is for private use of the residents) or 5,288m2 (in the JBA report).

 

The planning proposal is not supported, on the grounds that:-

(i)   The planning proposal does not form part of Council’s mixed use targeted economic stimulus program endorsed by the State Government;

(ii)  It is inconsistent with the Department’s objectives in the Metropolitan Strategy for employment growth in the St Leonards Strategic Centre;

(iii) The built form would constitute an overdevelopment of the site, be out of scale with surrounding and proposed developments, including recent planning proposals providing significant public benefits; extend shadowing to beyond River Road and provide only half of the parking spaces required under the DCP and SEPP 65; and

(iv) The site received FSR and height uplifts in the 2010 LEP from FSR 2:1 to 4.5:1 and from the current 2-4 storeys up to 25 metres i.e. around double the current scale. It is noted that the site was purchased since the introduction of those controls. The application proposes to provide only 5,288m2 commercial floor space (FSR 2.3:1) rather than the 10,250m2 of capacity under the current controls, but without substantive public benefits in return for this under-supply of commercial floor space.

 

It is recommended on the above grounds that Council decline the planning proposal application for mixed use zoning.

 


Background

 

The site is 2,300m2 in area and comprises eight (8) lots to the south-east of the intersection of Nicholson and Christie Streets, as shown in Figure 1:-

 

  Figure 1 – 46-50 Nicholson/ 59-67 Christie Sts (JBA photo)

 

The site was formerly in multiple ownership. Approximately three (3) years ago, Jemalong acquired the site, including the small strata plan office block at the corner. The site had received an uplift when the FSR had been increased to 4.5:1 relatively recently under the LEP in 2010. Meetings have subsequently been held at the request of JBA, on behalf of Jemalong, to seek Council’s preliminary views as to the potential for rezoning of the site to Mixed Use with a significantly greater scale. Staff have consistently advised that support was unlikely to be recommended for mixed use. For example at a meeting on 27 January this year, JBA proposed a rezoning with FSR 15:1 and around 40 storeys. Staff advised the following:-

·    The Department’s views had been expressed in a meeting with staff earlier in the same month that employment floor space is a priority in St Leonards;

·    It would be advisable to await the Metro Strategy’s subregional planning which was then about to start;

·    This approach related, in particular, to infrastructure demands on school places etc that would result from population growth;

·    It was intended that the current “pilot schemes” at 472-504 Pacific Hwy will be monitored in terms of stimulus to the commercial sector before further rezonings be undertaken. Council emphasised that those properties are distinguished from this site by their strategic location and size and resulting capacity to enhance the St Leonards CBD; and

·    No financial viability studies had been undertaken to justify the scale requested. Council would expect such studies would be provided and then typically have them reviewed by an independent consultant.

 

Notwithstanding the above, the planning proposal was lodged with Council on 2 June 2015.

 

Note Regarding Addresses: The submission refers to the site variously as 46-52 Nicholson St (planning proposal) and 42 Nicholson St (concept diagrams). Council identifies the Nicholson St side as Nos.46-50. Other discrepancies in the Lot and DP numbers would be edited if the proposal were to proceed.

 

Discussion

 

The planning proposal states the following grounds for mixed use zoning (JBA report, page 1):-

·    The proposal is consistent with the metropolitan, regional and sub-regional strategic planning framework which places a strong emphasis on achieving efficient use of existing urban areas which already enjoy access to existing infrastructure and services.

·    The proposal will respond to the long term lack of market and investor demand for commercial office space in St Leonards by introducing new planning controls that will stimulate investment and renewal within the centre.

·    The proposal will provide mixed use development on the subject site while increasing the amount of commercial floor space on the site.

·    The proposal would increase the amount of high quality commercial office space available in St Leonards by replacing the current small and fragmented lots existing on the site.

·    The proposal will not generate any adverse impacts on the operation of the surrounding road network.

·    There is sufficient capacity in the public transport network to support the proposal.

·    The proposal is capable of generating built form that achieves SEPP 65 parameters such as building separation, solar access and cross ventilation.

·    The proposed indicative scheme is consistent with the nature and scale of future development in the locality that has received support from Council.

 

The key elements of the planning proposal are discussed below.

 

Built Form

 

 


The proposed tower would be significantly higher than the tallest buildings considered by Council to date, as indicated in the following table:-

 

Site

Metres

Storeys

RL

FSR:1

Nature Care

186.5

57

265

17

Winten

144

47

224

17.6

Charter Hall

138

43

227

17

Leighton

91-115

27-37

186-204

12

Loftex

94

29

167

5.1

 

As indicated in the above table, the proposal would be significantly higher, by around 9 storeys, although without providing any significant public benefit (see below).

 

The 57 storeys would comprise the following (shown in AT-2: Concept Plan, page 18):-

·    A 7-storey podium containing 1 retail/ commercial level, two (2) commercial levels, two (2) above-ground parking levels and two (2) levels of communal areas for the building’s residents, with a further four (4) underground parking levels; and

·    A 50-storey residential tower above the podium.

 

The architectural concept plan considered several options (page 16), in particular:-

(i)   A commercial option (Option 1) with a floor plate of 1,200m2 above a podium, based on the DCP 2010 block plan setbacks. It is to be noted, however, that the DCP states that: “Block plan controls will be applied with flexibility based on achievement of objectives”. Having regard to more recent provisions applied for 472-504 Pacific Hwy, to achieve site-specific outcomes, it is recommended that these controls could be further reviewed to permit an appropriate future commercial building for this site.

(ii)  The residential option submitted in the planning proposal (Option 4): This would achieve SEPP 65 compliance.

 

                    

 

This report does not describe the proposed residential scheme’s details, which are provided in the applicant’s Concept Design Report (AT 2), as it is not recommended that the site be rezoned for mixed use. Some key features are discussed below however.

 

Public Domain

 

The submission proposes the following features as benefits, but  in practice these would not provide any substantive change to the existing situation:-

·    Although the JB A report says that pedestrian connectivity would improve the pedestrian connectivity to Friedlander Place, the Plaza and rail and bus transport, “strengthening north-south connections”, it is fact only proposes to do so “with possible new paving and ground-level retail for activation” (page 13).

·    It proposes that activity is “street-based through active frontages to primary street and movement routes, seeking opportunities to integrate with and revitalise existing public open space” (i.e Friedlander Place), but without any supporting design.

·    “Public art, active frontages to primary street and movement routes, providing a high percentage of ground floor transparency (shop fronts) to animate the public realm and greater permeability around the subject sites area should be explored, such as providing additional pedestrian crossings at the corner of Nicholson St and Christie Street”.

 

There is, however, no through-site link provided, but uses the existing public pedestrian paths around the perimeter of the site past cafes at the corner, which could equally be provided with a commercial development. There is no practical benefit offered in relation to Friedlander Place. A crossing at the Christie/ Nicholson St corner could be provided without this proposal. The proposal does not appear to provide any substantive benefits of mixed use for the public domain.

 

Overshadowing

 

Transitioning should be the planning principle applied between the densest urban area of the B4 mixed use zone along Pacific Highway down to the R2 low density residential zone on River Road and to its south. The topography - descending from the 88 metre contour (Charter Hall site) to the 46 metre contour (River Road at Eastview Avenue) - makes this particularly important.

 

Instead, the proposal would be 10 storeys higher than the tallest building, the Winten building, although located downhill of it (the centres of the Winten and Nature Care towers are 100 metres apart).  Council staff have modelled the shadowing impacts, showing:-

 

·    Eastview Avenue properties (Nos, 1, 1A and 2) would be affected between 9.00-9.30am - i.e. south of River Rd. None of the other proposed towers does this.

·    Newlands Parks’s current sunlight is almost obliterated by the proposal at 10.00am.

 

 

(The building width, if developed for commercial, would be comparable In terms of shadow impact at various times of day, but it is not suggested that a commercial building of this excessive height would be supported.)

 


Employment

 

 

This application states that the LEP Gateway approval “supports this proposal”; however, this is not the staff understanding of ongoing discussions with the Departmental Director for the subregion. The Department’s Gateway approval for mixed use for 472-504 Pacific Hwy – Leighton and Charter Hall (Planning Proposal 18) emphasised that the Metropolitan Strategy identifies the St Leonards Strategic Centre as an important location for employment growth.

 

The Gateway approval acknowledged the role of the development of that site as a catalyst for further growth; however it advised Council to have regard to the impact on commercial floor space in the centre more broadly. There is no indication that the Department supports any further reduction in the commercial capacity of the centre.

 

Council’s report on Planning Proposal 18 of 16 December 2013 noted that the jobs target “is likely to be increased sooner or later in proportion to residential growth and employment precincts must be prepared to meet the needs of the future population”.

                                                                                                               

The letter of 21 July 2015 from the Department’s LEP Panel, requiring supplementary information for the Winten planning proposal, stated that: It is also suggested that Council consider its application of B3 Commercial Core and B4 Mixed Use zones in this area to avoid site isolation and future ad hoc / site specific amendments to the planning controls in St Leonards”.

 

Section 117 Directions: The objectives of the Department’s Direction 1.1: Business and Industrial Zones are to:-

(a)   Encourage employment growth in suitable locations;

(b)   Protect employment land in business and industrial zones; and

(c)   Support the viability of identified strategic centres.

 

The JBA application states that it proposes to provide 5,288m2 commercial floor space (FSR 2.3:1) rather than the 10,250m2 of capacity under the current control of FSR 4.5:1, but without substantive public benefits in return for this under-supply of commercial floor space.

 

The Hill PDA Economic Assessment and Marketing Analysis (AT-3), however, states a lower figure of 4,785m2 (500m2 retail, 3,950m2 commercial, 157m2 private gymnasium and 178m2 “community services”, which has been clarified in discussions to mean communal services for residents only). That is, only 4,450m2 would be publicly-accessible retail / commercial use i.e. FSR 1.9.

 

In response to the S.117 Direction, the planning proposal states only that: “whilst the Planning Proposal seeks a rezoning to facilitate a mixed use development, it is nevertheless consistent with this direction in that it retains a zoning that permits all types of commercial premises with consent” (page 33).

 

 

Council’s policy is to continue to provide employment growth in the St Leonards Strategic Centre in support of the objectives of the Metropolitan Strategy Our Plan for Growing Sydney.  Mixed use is used selectively only, as a mechanism to achieve that goal, and consequently spot rezonings to mixed use should not be supported. The housing objectives of that NSW Strategy are being achieved without further mixed use zoning being required: LEP 2009, the three (3) St Leonards East mixed use sites and the St Leonards South Master Plan would provide the figure of 6,000 dwellings indicated by the State Government in its current subregional planning.

 

In support of the Department’s aim to avoid isolation of commercial sites, the majority of the centre is to remain B3 Commercial Core, as shown in Figure 1.

 

.

Figure 1:  Land to be retained as B3 Commercial Core

 

Council’s employment strategy is based on three (3) principles:-

 

Principle 1: Employment floor space growth is important and will continue to be Lane Cove Council’s predominant role in the Strategic Centre.

 

Council has undertaken a range of actions comprising its policy for the St Leonards Strategic Centre. These include the development of the Rail Plaza, LEP floor space ratio uplift for commercial properties, three (3) planning proposals targeted to contribute to that and other major public benefits, DCP controls for retail streetscape activation and other forms of amenity.

 

Principle 2: Commercial zoning and FSRs in the LEP will produce commercial redevelopment only if high quality public domain and workforce amenity are provided through major infrastructure works.

 

The three (3) sites targeted for mixed use ((i) 472-504 Pacific Hwy, (ii) 75-79 Lithgow/ 59-67 Christie Sts/ 546-564 Pacific Hwy and (iii)  1-13A Marshall Av) are distinguished by being a strategic and targeted suite of sites proposed to provide important and quantified public domain benefits.

 

The targeting of those three (3) sites for mixed use represents a trade-off designed to redress the issue of commercial under-development and stimulate commercial growth on sites such as the Nature Care site, by providing the workforce amenity required to support those sites throughout the B3 Commercial Core to stimulate the Strategic Centre’s long-term employment growth. It is anticipated that those targeted sites will stimulate and add value for other sites to leverage.

 

Principle 3: Commercial sites’ FSRs throughout the majority of the St Leonards centre (i.e. the B3 Commercial Core) are to be fully developed for employment uses. Spot rezonings are not supported.

 

Regarding commercial floor space, the JBA report states that a reason for proposing mixed use is that the site configuration does not permit a viable commercial floor plate.

 

At the same time, JBA states that: “The indicative concept plan would see the development of 5,288m2 of commercial GFA consisting of two large floor plates consolidating the site to a more desirable potential for the St Leonards commercial market” (page 21).

 

The anomaly is noted that the proposal is stated to provide 5,288m2 of commercial GFA in two (2) floor plates (page 21), i.e. 2,644m2 average per floor. The site, however, is stated to be only 2,300m2. It is not apparent, nevertheless, why commercial floor plates on a 2,300m site, much of which is rectangular, could not be achieved, especially given the flexibility for commercial setbacks allowed in the DCP (discussed above). This is in addition to the lack of clarity in that Hill PDA states that there will be only 4.785 m2 of commercial floor space.

 

Economic Issues

 

The JBA proposal, on the basis of the Hill PDA report, indicates that there is a low demand for commercial floor space in St Leonards currently on a number of grounds, including that:-

·    There is limited demand for commercial office space in the St Leonards precinct, with low absorption rates and high vacancy rates;

·    Commercial office space is better located in competing commercial centres such as Macquarie Park and North Ryde or better located centres such as North Sydney; and

·    Specialised health-based office uses will form a key component of future employment generating uses in the St Leonards precinct. These uses are more logically co-located on the RNSH site where there is potential for additional commercial floorspace to be provided.

 

In response:-

·    Staff suggest that the vacancy in 2014 of 12.9% compared to the overall Sydney market average of 10%.(JBA, page 25), in the face of the market factors above, is tolerable in the short to medium term in anticipation of the increasing demand for employment space that will result from the substantial residential population increase currently being provided by all councils in the Northern Subregion.

·    It is also noted that the RNSH site has, since the Inner North Subregional Strategy 2007, been proposed to provide an additional 3,000 jobs, but that a further 5,000 jobs are to be provided in St Leonards outside that site i.e. by Lane Cove, North Sydney and Willoughby Councils. Furthermore, that figure has risen to 10,000 in the Metropolitan Strategy 2014.

 

At the same time, the planning proposal states, in support of mixed use, that: “The proposal will respond to the long term lack of market and investor demand for commercial office space in St Leonards by introducing new planning controls that will stimulate investment and renewal within the centre.”

 

Voluntary Planning Proposal

 

The application states that Jemalong intends to enter into a Voluntary Planning Agreement with Council to contribute to the delivery of public amenities and services in the area and that “the details of a VPA will be further negotiated with Council (page 4)”. Examples it suggests include: new community spaces in the new external plaza and potentially within the building, monetary contribution towards public infrastructure, a commercial tenant attraction scheme and key worker housing.

 

These are all sound generic items and could, in principle, be provided in a redevelopment of any site in St Leonards. However they do not, in themselves, justify a substantial increase of 360 new apartments.  For example, the retail plaza would benefit the occupants of the site itself and be a typical entry for an urban building. There are no community uses proposed but only communal spaces for the private use of residents. In the three (3) planning proposal targeted for mixed use, that land use is only an adjunct to specific, major works such as the Rail Plaza. This application does not nominate any public infrastructure need identified by Council for the area.

 

Traffic Impacts

 

Council’s Traffic Manager’s comments in summary of the proposal are as follows:-

 

1.     The proposed car parking provision is approximately 50% deficient under the RMS Guidelines referenced in SEPP 65. That document prevails, but the proposal would be further deficient under Council’s car parking requirements in the DCP’s Part R if it were applied, providing only 42% of the requirement.

 

Development

Apartments/GFA

DCP

RMS/ SEPP 65

Proposal

Studio

38

19

19

0

1 bedroom

58

29

29

0

2 bedrooms

176

176

158

117

3 bedrooms

89

178

124

89

Visitors

361

90

72

0

Commercial

4,786m2

48

48

23

Total

 

540

450

229

 

Although the proposal relies for this shortfall on the site’s proximity to the station, this factor has already was into account in Part R, which permits lower rates for St Leonards than for the rest of Lane Cove, as in the RMS Guidelines.

 

2.   The proposal includes a scheme to have parking within the building, including on levels 4 and 5, accessed by car lifts. Council does not support the car lift proposal due to its potential on-street queuing and risks involved on its breakdown and maintenance. The DCP states that mechanical stacked parking arrangements are not permitted, for those reasons (Part R, page 13).

 

3.   A retail component is proposed, however, no traffic analysis is undertaken during the pm peak period, such as Thursday pm peak.

 

4.   Council appointed TMA micro simulation analysis shows that the proposed site will result Level of Service F for Christie Street at Pacific Highway/ Christie Street intersection (am peak). Further, Oxley Street will have Level of Service F at Pacific Highway intersection (pm peak).

 

In summary, the proposal is considered unacceptable on the above grounds.

 


Conclusion

 

The planning proposal for a mixed use zoning for 46-50 Nicholson / 59-67 Christie Streets is not supported on the following grounds:-

1.   It is inconsistent with the Department’s objectives in the Metropolitan Strategy for employment growth in the St Leonards Strategic Centre;

2.   The built form would constitute an overdevelopment of the site, being out of scale with surrounding and proposed developments, including recent planning proposals providing significant public benefits, and the proposed parking fails to satisfy the RMS/ SEPP 65 and Council’s DCP requirements by over 50%; and

3.   Council has taken a measured approach to the revitalization of the St Leonards CBD by targeting sites that will stimulate and broaden the economic base by permitting a small number of mixed use zones within the CBD as a whole. This targeted approach is deliberate and has its risks, in that it is not intended to become a precedent for spot rezonings that are not part of the specified policy, but rather is a finely balanced policy designed to stimulate the centre’s long-term employment potential. The encouragement of a proportion of unit-living within in the commercial core, in conjunction with the Plaza’s public domain enhancements, aims to extend business opportunity and public amenity in a way that will benefit all owners including this Planning Proposal site.

 

It is important now that Council holds the line to allow the vision for a vibrant, liveable St Leonards to have the best opportunity to succeed and deliver benefits in which all owners can share. It is recommended that Council resolve that it does not support Planning Proposal 23 on the above grounds.

 

 

RECOMMENDATION

That:-

1.   Council not support Planning Proposal 23 for mixed use zoning with increased FSR and height at 46-50 Nicholson Street / 59-67 Christie Street, St Leonards; and

2.   The applicant and Department be advised of Council’s decision.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

Planning Proposal - JBA

44 Pages

Available Electronically

AT‑2 View

Concept Design Report - Daryl Jackson Robin Dyke

33 Pages

Available Electronically

AT‑3 View

Economic Assessment & Market Analysis - Hill PDA

49 Pages

Available Electronically

AT‑4 View

Traffic Impact Assessment -  ARUP

59 Pages

Available Electronically

AT‑5 View

Proposed Amendments to LEP Mapping

3 Pages

Available Electronically

 

 


 

Ordinary Council Meeting 17 August 2015

Motions for Submission to the Local Government NSW Annual Conference 2015

 

 

Subject:          Motions for Submission to the Local Government NSW Annual Conference 2015    

Record No:     SU5976 - 48000/15

Division:         Corporate Services Division

Author(s):       Kirsty Beram  

 

 

Executive Summary

 

In response to correspondence received from Local Government NSW (LGNSW) concerning their Annual Conference, Council at its Ordinary Meeting of 20 July 2015 adopted several motions to put forward for discussion at the Conference, appointed its attendees and voting delegates and resolved to receive any further proposed motions for the LGNSW Annual Conference for the prior consideration of Council by 10 August 2015. 

 

Council has received two (2) additional proposed motions.  It is recommended that Council give consideration to the key issues affecting the Lane Cove community and determine whether to submit the additional motions for discussion at the LGNSW Annual Conference on 11-13 October 2015.

 

Background

 

Council has received correspondence from Local Government NSW concerning their Annual Conference.  In preparation for the Conference, Local Government NSW have asked all councils to consider the key issues affecting its community.  These issues will be discussed and debated during the business sessions of the Conference and must relate to one of the following categories:-

·    Industrial Relations & Employment;

·    Economic;

·    Environmental;

·    Governance / Civic Leadership; or

·    Social Policy.

 

At the Ordinary Council Meeting of 20 July 2015, Council resolved to submit the following motions for discussion at the Local Government NSW Annual Conference:-

a)    Fit for the Future Reform Agenda – the joint motion of Lane Cove, Hunters Hill and Ryde City Council’s seeking support for the Joint Regional Authority Model to be an available option to metropolitan councils, as outlined in the report;

b)    The recognition of Aboriginal and Torres Strait Islander people in the Australian Constitution being:-

i.     “That Local Government NSW becomes part of the RECOGNISE campaign by adopting the Partners Network Charter; and

ii.     That Local Government NSW in conjunction with RECOGNISE, assist member councils to develop strategies to promote the work of RECOGNISE Council motion for RECOGNISE be adopted as one of the motions under the social category”; and

c)    Planning Proposals - “That the Minister for Planning and Environment suspend the review process for Planning Proposals that have been refused (or deemed to be so) by local councils pending the completion and adoption of the new Sydney Metropolitan Strategy “A Plan for Growing Sydney” and associated Subregion Plans”.

 

Council also resolved to:-

 

Submit to the General Manager by Monday 10 August 2015 any proposed motions for discussion at the Local Government NSW Annual Conference on 11-13 October 2015 for prior consideration at the Ordinary Council Meeting of 17 August 2015

 

Discussion

 

In response to Council’s resolution of 20 July 2015, the following proposed motions have been received:-

 

·    NSW 10/50 Vegetation Clearing Code – Proposed by Councillor Palmer.

 

MOTION:          To have self-assessment of trees as bushfire hazards removed from the NSW 10/50 Vegetation Clearing Code.  The process of assessing trees for bushfire risk must once again be undertaken by trained experts. Further, these experts need to consider all relevant and appropriate environmental protection legislation in making their assessments.

 

Indeed, the NSW Government has been implementing a rapid assessment and approval system for vegetation clearing for the purpose of bushfire protection since 2003.  This system enables key implications resulting from vegetation removal to be rapidly identified and addressed whilst providing for free approvals within 7 days of application".

 

Background:    The need for the removal of self-assessment of trees as bushfire hazards is based on the following concerns which are addressed in further detail in the Wilderness Society Position Paper attached as AT-1:-

10/50 can be putting people and property in danger:

There have been several instances of improper waste disposal associated with tree removals under 10/50.  Woodchips have been scattered in Asset Protection Zones, around people’s homes, at bushland interfaces, under high-tension power lines and throughout communities, which provides increased fuel in the case of fire attack.

10/50 is being abused for other purposes:

The 10/50 rule is not being used for its intended purpose - for improving views rather than bushfire risk management.

10/50 is causing significant ecological damage:

The 10/50 rule does not consider potential environmental impacts, including threatened species and endangered ecological communities.

The NSW RFS also expressed concerns about soil erosion, destruction of riparian buffers, and the loss or damage of aboriginal objects and places as of concern when they analysed the 10/30 Code in Victoria.

10/50 fails to consider SEPP 14 (coastal wetlands), SEPP 26 (littoral rainforest), SEPP 44 (koala habitat) and SEPP 19 (urban bushland).

10/50 is not wanted by the community:

The 10/50 review received over 3,500 submissions from the public, over 99% of which called for the repeal or suspension of the Code while major changes are implemented.

The 10/50 Code was brought into effect following the catastrophic Blue Mountains bushfires of 2013. It could be argued that if anywhere needs strong protection from bushfire risk it is the Blue Mountains.  However, Blue Mountains Mayor, Mark Greenhill, and State MP Trish Doyle do not support 10/50 as an appropriate measure to address bushfire risk in the region.  This is consistent with the views of over 20 State MPs who have now spoken on the issue.

 

·    Aboriginal Representation on Greater Sydney Commission – Proposed by Councillor Bennison

 

MOTION:          That Local Government NSW lobby the NSW State Government for the inclusion of an Aboriginal person to be included in the representation model for the sub-regions under the Metro Strategy.”

 

Background:    The Department of Planning & Environment released ‘A Plan for Growing Sydney’ (referred to as the ‘Metro Strategy’) in December 2014.

 

As part of the implementation strategy the NSW Government has also flagged the creation of the Greater Sydney Commission to oversee the implementation of the Plan that will provide engagement between each of the subregions and the Minister.

 

The Government also plans to establish a Local Government Advisory Committee within each sub-region, with one representative from each Council and NSROC and SHROC have made submissions in this regard.

http://www.strategy.planning.nsw.gov.au/sydney/wp-content/uploads/sites/2/2014/12/Fig26-All-Subregions-WEB.jpg

However there does not appear to be any representation of Aboriginal People planned for either the Greater Sydney Commission or the Local Government Advisory Committees.

 

A Greater Sydney Commission, which will be made up of one representative from each sub-region, a number of independent members as well as representatives from key government agencies. The Greater Sydney Commission will sit within the NSW Planning and Environment cluster and the Chair of the Commission will report directly to the Minister for Planning.

 


Council supports close the gap strategies for Aboriginal People and strategically, there should be representation by an Aboriginal Person for each of the sub-regions of the Metro Strategy.

 

 

RECOMMENDATION

 

That Council give consideration to the key issues affecting the Lane Cove community and determine whether to submit the additional motions for discussion at the LGNSW Annual Conference on 11-13 October 2015.

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Wilderness Society Position Paper - NSW 10/50 Vegetation Clearing Code

13 Pages

 

 

 


 

Ordinary Council Meeting 17 August 2015

Policy on Payment of Expenses and Facilities to Councillors

 

 

Subject:          Policy on Payment of Expenses and Facilities to Councillors    

Record No:     SU834 - 41837/15

Division:         Corporate Services Division

Author(s):       Kirsty Beram 

 

 

Executive Summary

 

The purpose of this report is to undertake a review of Council’s Policy on Payment of Expenses and Provision of Facilities to Councillors, as required by the Local Government Act 1993. 

 

Background

 

Section 252-253 of the Local Government Act 1993, requires a Council to annually review its policy concerning the payment of expenses and provision of facilities to Councillors, give public notice for 28 days of the intention to adopt the policy where there are substantial changes to the Policy proposed and submit the adopted policy to the Office of Local Government by 30 November each year. 

 

Since the adoption of the policy last year, no amendments have been made to the policy and therefore there is no requirement for community consultation. The current policy is shown attached as AT-1.

 

 

RECOMMENDATION

 

That Council adopt the Policy on the Payment of Expenses and Provision of facilities to Councillors dated 13 October 2014 and send a copy of the Policy to the Office of Local Government.

 

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

Adopted Policy on Payment of Expenses and Facilities to Councillors

6 Pages

 

 

  


 

Ordinary Council Meeting 17 August 2015

Smoke Free Commercial Outdoor Dining Laws

 

 

Subject:          Smoke Free Commercial Outdoor Dining Laws    

Record No:     SU3530 - 46932/15

Division:         Environmental Services Division

Author(s):       David Wilson 

 

 

Executive Summary

 

As of the 6th July 2015, the ban on smoking for outdoor dining in all commercial outdoor dining areas came into force. Prior to these legislative changes Council was proactive in revising its Policy on its leasing arrangements for publically owned alfresco dining areas, with a requirement that all leased areas are to be smoke free, as well prohibiting smoking in all public areas including the plaza, sporting fields, parks and all council owned facilities.

 

To raise awareness about these changes, a seminar for all lessees was conducted by Council in February 2015 that was completed by all proprietors who operate under a Council lease.

 

Council has also obtained a range of marketing materials to assist local businesses usher in the changes and to highlight the responsibilities of staff and patrons in commercial outdoor dining areas.

 

In addition Council is working with NSW Health to address any non compliance with the legislation by local businesses and their patrons and we continue to lobby for more extensive mainstream advertising and promotion by NSW Health on this important public health issue.

 

Background

 

The Tobacco Legislation Amendment Act 2012 (the Act) was enacted by the NSW Government to regulate smoking in outdoor areas and public spaces. The Act came into effect in January 2013, with a gradual phasing in process to allow businesses time to adapt their operations to these requirements.

 

In February 2013, Council made amendments to its Policy on Smoking in Public Areas to prohibit smoking not only in alfresco dining areas but also within:-

·    Lane Cove Plaza;

·    Council-owned arcades;

·    Enclosed public car parks;

·    Public events on Council land;

·    Within the grounds of all Council-owned facilities and centres;

·    Bushland on public land;

·    Sports fields;

·    Foreshore areas on public land; and

·    All parks and within 10 metres of children’s playgrounds or play equipment.

 

The Act  expands on Council’s Current Policy with smoking now being prohibited at railway stations, taxi ranks and bus stops and within 4 metres of the entrance to any building accessible to the public (by definition this incorporates any non-residential building).


Tobacco Legislation Amendment Act 2012

 

The Tobacco Legislation Amendment Act 2012 (the Act) was passed by the NSW Parliament on 15 August 2012. The Act amends the Smoke-free Environment Act 2000 to made the following public outdoor places smoke-free areas from 7 January 2013:-

·    Within 10 metres of children’s play equipment;

·    Swimming pool complexes;

·    Spectator areas of sports grounds or other recreational areas while organised sporting events are being held;

·    Railway platforms, light rail stations and ferry wharves;

·    Bus stops, light rail stops and taxi ranks;

·    Within 4 metres of a pedestrian access point to a public building; and

·    From 6 July 2015 in commercial outdoor dining areas being:-

A seated dining area, or

within 4 metres of a seated dining area on premises that are licensed premises under the Liquor Act 2007 or the premises of a restaurant defined in that Act, or

within 10 metres of a place at a food fair where food is sold or supplied for consumption at the event, with a food fair being an organised event at which the principal activities are the sale or supply of food for consumption at the event and the consumption of that food.

 

Discussion

 

NSW Health has undertaken a campaign to advise the public about state-wide outdoor smoking bans in clubs, hotels, restaurants, and cafés and at food fairs from 6 July 2015.

The Act was enacted to protect the community from the long term effects of second-hand cigarette smoke, and Council’s proactive approach to its management of smoking in public areas has received overwhelming public support and continues to do so.

From 6 July 2015,  NSW will be smoke-free and smoking is prohibited within 4 metres of a pedestrian entry or exit from a hospitality venue. The bans apply to any ignited smoking product including cigarettes, e-cigarettes, pipes and water pipes.

Penalties for non-compliance may apply including on the spot fines of $300 for individuals and a fine of up to $550 for a business owner who does not display 'no smoking' signs in an outdoor dining area; and up to $5,500 for a business owner if a customer is found to be smoking in the outdoor dining area.

NSW Health have undertaken a media campaign to address target audiences which include adults aged 18+ in NSW and the hospitality industry.

Broad objectives of the campaign are to:

·      Increase awareness and understanding of the new smoking bans in hospitality venues from 6 July 2015 to promote high compliance; and

·      Maintain high community support for the new bans by both smokers and non-smokers.

NSW Health has been working closely with the hospitality industry and other key stakeholders to prepare for the commencement of the Act and Council has also held a seminar in February 2015 to highlight changes to its lease arrangements for public alfresco dining areas.

 

Conclusion

 

The community of Lane Cove has an ongoing commitment supporting no-smoking in public areas and the commencement of the final phase of the Tobacco Legislation Amendment Act 2012, is an important milestone in addressing the inconsistencies associated with alfresco dining on private land, that weren’t addressed when the Act commenced in January 2013.

 

The 2.5 years provided for businesses to adequately address these changes to their business operations is considered as more than sufficient, and as such there is an expectation that compliance with the Act will occur without objection.

 

To promote the commencement of this part of the Act, Council has made a request to NSW Health to obtain a range of marketing materials to assist local businesses in addressing these legislative changes and to highlight the responsibilities of staff and patrons in commercial outdoor dining areas, and these will be distributed in the coming weeks.

 

In addition Council will be working with NSW Health to address any non compliance with the legislation by local businesses and continues to lobby for more extensive advertising and promotion by NSW Health on this important public health issue.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1 View

NSW Health Commercial-Outdoor-Dining Guide

19 Pages

 

 

 


 

Ordinary Council Meeting 17 August 2015

Lane Cove Community Nursery - 10 Year Anniversary - Thank You to the Volunteers

 

 

Subject:          Lane Cove Community Nursery - 10 Year Anniversary - Thank You to the Volunteers    

Record No:     SU1987 - 47592/15

Division:         Open Space and Urban Services Division

Author(s):       Martin Terescenko 

 

 

Executive Summary

 

The Lane Cove Community Nursery has just celebrated its 10 year anniversary. Over this period volunteers have provided over 9500 hours of work and Council would like to formally thank these volunteers for their efforts in directly contributing to the success of our nursery.

 

Discussion.

 

Bushland is an important part of the Lane Cove community and in order to provide locally sourced native plants Council establish the Community Nursery in 2005. Over the past 10 years the nursery has grown over 150,000 plants and been supported by over 9,500 hours of volunteer work.

 

Due to the wide range of quality native plant stock the Community Nursery provides, Council is able to readily use plants that are indigenous to our local area. This includes providing plants to local schools for National Tree Day, utilising them as part of our award-winning Backyard Habitat Program and more recently, over 3,850 plants were used in the new creek and wetland project at Blackman Park.

 

On Thursday 6 August, Council hosted a reception at St. Ignatius College to recognise the valuable efforts the volunteers have provided to Lane Cove Community Nursery.  The Mayor also presented a certificate to Sue Hill on behalf of the nursery volunteers for all their valuable efforts over the past 10 years.

 

Conclusion

 

Council would like to formally thank our volunteers for the time they have given and recognise the fantastic efforts they have provided to our Community Nursery. They directly contribute not only to the success of the Lane Cove Community Nursery program but also to the bushland which will be here for future generations to enjoy.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 17 August 2015

4th Quarter Review of the Delivery Program and Operational Plan

 

 

Subject:          4th Quarter Review of the Delivery Program and Operational Plan    

Record No:     SU238 - 41848/15

Division:         Corporate Services Division

Author(s):       Kirsten Samuels 

 

 

Executive Summary

This report outlines the 4th Quarter progress towards achieving the projects listed in the adopted 2014-2015 Delivery Program and Operational Plan. It is recommended that the report be received and noted.

Discussion

Council’s adopted 2014-2015 Delivery Program and Operational Plan details the projects proposed to be undertaken during the financial year in order to meet the goals and objectives of the Lane Cove 2025 - Community Strategic Plan. Council reports quarterly on the progress achieved in completing the projects and achieving the targets for the adopted performance measurements. The 4th Quarter Review of the 2014-2015 Delivery Program and Operational Plan is shown attached as AT-1

 

The projects in the Quarterly Review are listed by the responsible Council Division and where the project has a completion date the ‘Action Status’ column graphically demonstrates the progress towards completion. The Review also includes a comment on the status of each project.

 

The Quarterly Review also provides a report on progress towards achieving the targets set for performance measurement for each Division of Council. A cumulative figure for performance measurement is shown so that performance can be tracked each quarter towards achieving the required target.

The highlights of the projects either commenced or completed for the 4th quarter include:-

·    Completed and submitted Council’s response to the NSW Government's Fit for the Future package following extensive community consultation and collaboration with Ryde and Hunters Hill councils (April – June).

·    Following extensive community consultation the St Leonards South Draft Master Plan was completed (April – June);

·    Council partnered with the RSL sub-branch of Lane Cove to deliver the ANZAC Day Ceremony in Lane Cove Plaza and associated activities. Attendance was in excess of 2,500 people and included partnerships with local schools, Scouts, Guides, Ministers Association and individuals from the community (April);

·    Lovetts Reserve walking track upgrade complete (April);

·    Meet the Neighbours event held at Kingsford Smith Oval which highlighted the role of emergency services in the community and encouraged interaction (April);

·    Community Consultation was undertaken with residents regarding the recommendations put forth in the Osborne Park Traffic Study commissioned by Council (April to May);

·    Children's Voices for Reconciliation which included an Aboriginal cultural performance by a member of the Diramu Aboriginal Dance & Didgeridoo troupe was held (May);

·    26 recipients were recognised at the Citizenship Awards presentation during National Volunteer Week (May);

·    2015-16 Delivery Program and Operational Plan, Fees and Charges and Budget were adopted by Council (May);

·    Updated Long Term Financial Plan, Asset Management Plans and Workforce Plan endorsed by Council (May);

·    The proposed allocation of funding for the 2015/2016 Financial Assistance Grants Program was placed on public exhibition (May);

·    An Understanding Residential Development workshop was held with over 85 attendees (May);

·    The Public Car Park at Little Lane has been constructed, the internal fit out for the electrical supply commenced and the Mezzanine Level now 50% complete (June); and

·    Council’s annual ‘Captured’ photography competition awards night was held. Over 350 photos were submitted in this year’s competition, themed “Love Where You Live”, making it one of the most successful competitions to date (June).

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

AT‑1 View

4th Quarter Review of 2014-2015 Delivery Program and Operational Plan

51 Pages

 

 

 


 

Ordinary Council Meeting 17 August 2015

Council Snapshot

 

 

Subject:          Council Snapshot    

Record No:     SU220 - 47372/15

Division:         General Managers Unit

Author(s):       Craig Wrightson 

 

 

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 the report be received and noted.

 

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1 View

Council Snapshot August 2015

48 Pages