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Agenda

Ordinary Council Meeting

3 December 2018

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.

 

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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 3 December 2018 commencing at 6:30pm. The business to be transacted at the meeting is included in this business paper.

 

Craig - GMYours faithfully

 

 

 

 

Craig Wrightson

General Manager

 

Council Meeting Procedures

 

The Council meeting is chaired by the Mayor, Councillor Pam Palmer. 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 Executive Manager – Corporate Services on 99113550.

 

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 3 December 2018

TABLE OF CONTENTS

 

DECLARATIONS OF INTEREST

 

APOLOGIES

 

Confidential Items

 

1.       Mayoral Minute - General Manager's Performance Review for 2017/18

It is recommended that the Council close so much of the meeting to the public as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the matter will involve the discussion of personnel matters concerning a particular individual; it further being considered that discussion of the matter in open meeting would be, on balance, contrary to public interest by reason of the foregoing and as the report contains personal information about the performance of a staff member. 

 

OPENING OF MEETING WITH PRAYER

 

ACKNOWLEDGMENT TO COUNTRY

 

NOTICE OF WEBCASTING OF MEETING

 

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

 

public forum

 

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

 

CONFIRMATION OF MINUTES

 

2.      ORDINARY COUNCIL MEETING - 19 NOVEMBER 2018

 

Mayoral Minutes

 

3.       Mayoral Minute - Save Our Recycling Campaign  

 

Orders Of The Day

 

Officer Reports for Determination

 

4.       Open Space Rezoninigs in Mowbray Precinct, Planning Proposal No.27 - Post Consultation Report

 

5.       Crows Nest Metro Rezoning Proposal

 

6.       Lane Cove Gift Card

 

7.       November 2018 Traffic Committee Meeting

 

8.       St Leonards Plaza - Request for Tender for a Project Manager

 

9.       Delegation of Authority During Christmas Recess

 

10.     Consultation Results -  Closure and Relocation of Pedestrian Laneway - 25-29 Longueville Road, Lane Cove

 

11.     Consultation Results - Proposed Closure the Northern End of Lithgow Street and Christie Lane, St Leonards

 

Officer Reports for Information

 

12.     Replacement of Lane Cove Aquatic Centre 50 Metre Pool and Grandstand

 

13.     Lane Cove Guiding Stars

 

14.     Plaza Anniversary - Heritage and Culture Award

 

15.     Exhibition of Medium Density Code Planning Proposal

 

16.     Engineering Excellence Award  

 

 

 

 

           


 

Ordinary Council Meeting 3 December 2018

Mayoral Minute - Save Our Recycling Campaign

 

 

Subject:          Mayoral Minute - Save Our Recycling Campaign     

Record No:    SU203 - 75479/18

Division:         Lane Cove Council

Author(s):      Councillor Pam Palmer 

 

 

Executive Summary

                                                              

The Save Our Recycling Campaign, launched at the Local Government Annual Conference in Albury this year, requests the State Government to re-invest the entire $727 million it collects from the waste levy each year in waste management and recycling. I am calling on Councillors to support Local Government NSW in its advocacy to all those contesting the State election to reinvest 100% of the waste levy collected each year into waste management, recycling and resource recovery in NSW.

 

Discussion

 

The Protection of the Environment Operations Act 1997 (POEO Act) requires certain

licensed waste facilities in NSW to pay a contribution to the NSW Government for each tonne

of waste received at the facility. Referred to as the 'waste levy', the contribution aims to

reduce the amount of waste being landfilled and promote recycling and resource recovery.

In 2016/17, the NSW Government collected $726 million from local government, community,

businesses and industry via the waste levy, but only committed to use $72 million through its

Waste Less Recycle More initiative – or 10% - on waste minimisation and recycling in 2017-

18.

 

Overall the NSW Government’s Waste Less Recycle More initiative allocates $801 million

over 8 years (2013-2021) to waste and recycling, however the waste levy collected over that

same period will be over $4.62 billion.

 

At a local government level, just 18% of the $300 million collected from the local government

sector each year is reinvested in recycling and waste management. Very little of the waste levy

is currently used to support waste minimisation, recycling and resource recovery. The remainder is returned to NSW Government’s consolidated revenue.

 

The reinvestment of the waste levy to support waste and resource recovery infrastructure,

develop markets and innovative solutions, and undertake other initiatives to encourage reuse

and recycling also offers wide-ranging benefits to our communities right across NSW. There

is the potential for economic growth, new infrastructure, new technology and new jobs,

particularly in our regional areas.

 

It should be noted that the following motion was unanimously endorsed at the Local

Government NSW 2018 Conference:

 

That the NSW Government be called upon to ensure that 100% of the levy arising

from Section 88 of the Protection of the Environment Operations Act 1997 be used for

waste infrastructure and programs, predominantly by local government and the waste

sector, for initiatives such as:

 

·      Development of regional and region-specific solutions for sustainable waste

·      management (e.g. soft plastic recycling facilities, green waste, waste to

·      energy).

·      Support innovative solutions to reduce waste and waste transport requirements.

·      Protect existing and identify new waste management locations.

·      Local community waste recovery and repair facilities.

·      Funding a wider range of sustainability initiatives, such as marketing and strategies that promote and support a circular economy.

 

This motion covered motions proposed by Blacktown City Council (Resource recovery

locations); Central Coast Council (Waste levy revenues); Cessnock City Council (Recycling crisis - funding support); City of Ryde (Revenue raised by the waste levy); Federation Council (Waste resource); Gwydir Shire Council (Tyre recycling); Hornsby Shire Council (Increase in grant funding for waste levy program); Leeton Shire Council (Increase of waste levy distribution); and Shoalhaven City Council (POEO Levies). Related motions were also submitted by Tweed Shire Council (Recycled products and procurement); Lake Macquarie Council (Support for recyclable end markets, reusable, recyclable or compostable packaging); and Orange City Council (Waste management).

 

As previously noted, this is not a party-political issue: the advocacy initiative calls on all parties and candidates to commit to the 100% hypothecation of the Waste Levy to the purpose for which it is collected.

 

I am recommending that we support this campaign by the NSW local government sector and

Local Government NSW and call on all political parties to commit to the reinvestment of

100% of the Waste Levy collected each year by the NSW Government into waste

management, recycling and resource recovery.

 

 

RECOMMENDATION

 

That Council:-

1.   Endorse Local Government NSW’s campaign, Save Our Recycling, to realise the

            reinvestment of a 100% of the Waste Levy collected each year by the NSW Government in             waste minimisation, recycling and resource recovery.

 

2. Make representation to the local State Member, the Hon. Anthony Roberts , in support

            of this campaign objective - for the NSW Government to commit to reinvest 100% of

            the Waste Levy in waste minimisation, recycling and resource recovery.

 

       3. Write to the Opposition Leader, the Hon Michael Daley MP, the Minister for Local

            Government and the Minister for the Environment, the Hon Gabrielle Upton MP, and

            the Shadow Minister for the Environment and Heritage, Penny Sharpe MLC, seeking

            bipartisan support for the 100% reinvestment of the Waste Levy collected each year into             waste minimisation, recycling and resource recovery.

 

        4. Promote the Local Government NSW Save Our Recycling

            campaign locally.

 

5.  Endorse the distribution and display of the Local Government NSW Save Our Recycling             information on Council premises, as well as involvement in any actions arising from the                 initiative.

 

6.  Formally advise Local Government NSW that Council has endorsed the Save Our                       Recycling advocacy initiative.

 

 

 

 

 

 

Councillor Pam Palmer

Councillor

 

 

ATTACHMENTS:

There are no supporting documents for this report.

            


 

Ordinary Council Meeting 3 December 2018

 Open Space Rezoninigs in Mowbray Precinct, Planning Proposal No.27 - Post Consultation Report

 

 

Subject:          Open Space Rezoninigs in Mowbray Precinct, Planning Proposal No.27 - Post Consultation Report     

Record No:    SU6268 - 71955/18

Division:         Environmental Services Division

Author(s):      Terry Tredrea 

 

 

Executive Summary  

 

The purpose of this report is to outline the results of the community consultation for the Planning Proposal to facilitate delivery of new open space in the Mowbray Road Precinct.  As an outcome of the adopted Strategic Review of the Mowbray Precinct in 2011, a land swap was recommended between Council and NSW Land and Housing Corporation (Housing NSW) to augment open space in the Precinct. Agreement has been reached between the parties for the land swap.  In addition, as a result of a separate voluntary planning agreement between Council and the owners of 552 Mowbray Road, a supplementary parcel of land has been acquired by Council, which will be utilised for open space.

 

Subsequently, Council endorsed a Planning Proposal to give effect to the recommendations of the strategic review and for the inclusion of 552 Mowbray Road for open space for the Precinct. The resultant Planning Proposal seeks to rezone 1 Girraween Ave to R4 High Density Residential, and reclassify the land from community land to operational land while removing the reservation on the LEP maps for sites in Pinaroo Place (see Figure 1).  A public exhibition of the planning proposal was held for 6 weeks from 13 September 2018 to 24 October 2018. A total of sixteen (16) submissions were received. 

 

A public hearing was also held on 14 November 2018 at Council’s Civic Centre, and the Commissioner’s report is attached (AT-10). Relevant comments from the report are quoted herein.

After reviewing the public submissions, it is considered that the exhibited Planning Proposal remains overall a well-considered next step in the provision of additional open space for the Mowbray Precinct.  Accordingly, it is recommended that Council submit the Planning Proposal to the Department of Planning & Environment (DPE) requesting finalisation.

 

Background

 

In response to the increased residential density in the Mowbray Road Precinct, the JBA Mowbray Precinct Master Planning Study (AT-1) in December 2011 reviewed the 2010 Comprehensive LEP R4 zones with the aim of resolving height controls and identifying the open space needs in the Precinct to meet the anticipated population increase. The precinct did not contain any public Open Space of a sufficient size suitable to be upgraded to the standard of a neighbourhood park for both active and passive recreation that would be able to cater for the increased residential population that was to come. For the difference in functions, attributes and facilities between neighbourhood parks and  local parks see Council’s Open Space submission (AT-11).

 

The JBA Study recommended that Council and Housing NSW undertake a land swap with respect to Council’s existing open space at 1 Girraween Avenue (1,332m2) and Housing NSW residential land at 10-20 Pinaroo Place (4,055m2).

 

The proposed outcome would enable a larger, more useable open space recreation area by integrating the Pinaroo Place properties with the existing open space at the corner of Kullah Parade and Mindarie Street. In return, No. 1 Girraween Avenue would be developed for residential purposes (R4) by Housing NSW. 

 

Subsequent to this, a property at 552 Mowbray Road (697m2) was acquired by Council under a separate Voluntary Planning Agreement (VPA). This site is in proximity to 1 Girraween Avenue and is to be developed as a pocket park to partially offset the loss of the Girraween Avenue site. It is however, noted that this planning proposal does not need to include classification of this site to community land as, under the Local Government Act 1993 section 31(2A), any land acquired by Council is after 3 months automatically classified under the LEP as community land. It is noted that this parcel of land was acquired on 22 May 2015.

 

Figure 1 – Land parcels within the Mowbray Precinct affected by Planning Proposal No.27 (Source: Six Maps)

 

Since the adoption of the 2011 JBA Study, approximately 1087 residential apartments either have been built or are in the process of construction. In total, more than 1,500 dwellings will potentially be built in the Precinct, creating a need for more local open space in the Precinct.

 

At its meeting of 21 August 2017 (AT-2), in relation to Planning Proposal No.27 – Open Space Rezonings, Council resolved to:-

“1.   Prepare a Planning Proposal to rezone the public park on Girraween Avenue, Lane Cove North, from RE1 Public Recreation to R4 High Density with a height limit of 17.5m and FSR of 1.6:1;

2.    Commence a process to reclassify the public park at 1 Girraween Avenue, Lane Cove North from Community Land to Operational Land;

3.    Rezone 552 Mowbray Road from R4 High Density to RE1 Public Recreation; and

4.    Remove the identification of 10 - 20 Pinaroo Place on Council’s Land Reservation Acquisition Map as “Reserved for Acquisition”.

 

Subsequently, in January 2018, Council received Gateway Determination from the DPE to proceed with the planning proposal to rezone and reclassify the land, subject to conditions which have since been met.

 

Council was required under the Local Government Act to conduct a public hearing due to the reclassification of 1 Girraween Avenue from ‘Community Land’ to ‘Operational Land’.  Accordingly, Council conducted an independent public hearing on 14 November 2018, 21 days after the public exhibition of the Planning Proposal was completed.  The Commissioner’s report from the public hearing is attached (AT-10).

 

Public Exhibition

 

Following the report to the Council meeting of 21 August 2017 (AT-2) and conditional Gateway Determination by the NSW Planning & Environment (9 January 2018), Council addressed conditions set by the Gateway before undertaking extensive consultation with the community and government departments.  Consultation ran from Thursday, 13 September 2018 to Wednesday, 24 October 2018, in accordance with planning regulations and Council’s Consultation Policy, and included the following:-

·    Advertisement in the North Shore Times (13 September 2018);

·    E-newsletter distributed to over 6,000 registered residents;

·    Notice of the proposal (via 1,080 letters) was distributed to:

Affected property owners;

NSW Rural Fire Service;

NSW Land & Housing Corporation;

Adjoining Local Government Areas;

·    On-line exhibition on Council’s website; and

·    Hard copy documents for viewing at Council’s Civic Centre, and Lane Cove & Greenwich Libraries.

 

A total of 16 written submissions were received from the public:-

·    Two (2) were totally in favour of the proposal (12.5%);

·    Four (4) contained both points of support and objection (25%); and

·    10 were opposed (62.5%), particularly including residents close to Girraween Park.

 

The issues of concern are addressed as follows by order of the greatest number of submissions which raised the issue:-

 

1.   Traffic and safety (6)

2.   Overshadowing and overlooking (4)

3.   Suitability of 552 Mowbray Road as a park (4)

4.   Provision of open space (4)

5.   Land swap (3)

6.   Devaluation of properties (3)

7.   Exceptional height  (2)

8.   Bushfire hazard (1)

9.   Zoning inconsistency (1)

10. Health impact – tree removal (1)

11. Sewer pipe (1)

12. On-street Parking  (1)

 

In addition to the above, a public hearing was conducted on 14 November 2018 to enable the appointed commissioner to assess the relative merits of reclassification of community land at 1 Girraween Avenue to operational land. Four members of the community, and the former Open Space Manager of Lane Cove Council, presented to the public hearing. The report from this public hearing is presented to Council separately (see AT-10).

 

Consultation with Government Agencies

 

In accordance with the Gateway determination, Council forwarded the planning proposal to:-

·    NSW Rural Fire Services (RFS);

·    Roads and Maritime Services (RMS);

·    NSW Land and Housing Corporation (Housing NSW); and

·    Department of Planning and Environment (DPE).

 

RFS Response to Referral

 

The NSW Rural Fire Services stated that it had considered the information submitted and had no specific recommendation or objection in relation to bush fire protection. Their response is attached to this report (see AT-3).

 

RMS Response to Referral

 

In its letter dated 29 October 2018, responding to Council’s letter referring the planning proposal, the RMS stated that it raised no objection to the proposal (AT-4). Comment was also made that Council “may wish to give consideration to the undertaking of a traffic study of the proposed rezoning at 1 Girraween Avenue from RE1 Public Recreation to R4 High Density.” Further information was also contained in relation to trip generation rates for aged care facilities compared to single dwellings.

 

Comment

 

A Traffic Assessment of the proposed precinct-wide development was undertaken in 2011 as part of the original Master Planning Study, which proposed 1,500 new dwellings in this precinct. The traffic assessment took into account a larger number of dwellings than what was originally proposed in the Master Planning Study. In order to address likely traffic impacts, a traffic management scheme was recommended involving the installation of traffic control signals. This Planning Proposal includes the rezoning of 1 Girraween Avenue to high density development with concept plans including 25 units. Therefore, it is considered redundant to undertake a further traffic study at this point. However, a traffic impact assessment will be required as part of any future development application for 1 Girraween Avenue.

 

Housing NSW Response to Referral

 

Council referred the Planning Proposal to Housing NSW, as required by the Gateway Determination. No specific written comments were received. However, Housing NSW have been involved in the lengthy, and now completed, negotiations for the land swap to augment open space in the Precinct and have forwarded their design concept for the development of 1 Girraween Avenue.

 

Comment

 

The involvement of Housing NSW in the Precinct since 2010, and their recent actions of forwarding a sketch design (AT-7, 8 & 9), indicate Housing NSW’s desire for the Planning Proposal to proceed to completion.

 

Department of Planning and Environment

 

The Gateway determination required Council to obtain agreement from the Secretary of the DPE in order to comply with the requirement of section 9.1 Direction, 4.4 Planning for Bushfire Prone Land. This was required before community consultation could occur. Accordingly, Council wrote to the DPE on 31 August 2018 requesting the Secretary’s agreement that inconsistency of the planning proposal with the Direction is justified.

 

On 7 September 2018, the DPE Director of Sydney Region East, responded to Council (AT-5) and stated that:

 

“I have considered this matter, and as delegate of the Secretary, I have agreed that the inconsistency is justified in accordance with the terms of the Direction.”

 

This response confirmed that the inconsistency with the Direction is justified and that the Planning Proposal could proceed to public exhibition.

 

Commissioner’s Report

 

The Commissioner’s report outlines land classification, the reclassification of public land, the proposal, background information and the public hearing process. The report then includes the planning implications of the reclassification of the site, discusses and provides consideration of the submissions, and then provides concluding comments and recommendations.

 

The Commissioner noted that:-

 

“As an independent Chairman for the Public Hearing, my views are not influenced by any agreements or by the passage of the Planning Proposal to date. I am concerned as to the proper conduct of the process to reclassify the subject land including the voicing of public views and the comments of all other consulted parties. Secondly, I will express my opinion as to the merits of the reclassification.”

 

Four (4) members of the public and the former Open Space Manager of Lane Cove Council made presentations to the public hearing.  Issues raised at the public hearing were also raised within written submissions already received by Council. The Commissioner’s report (refer to AT-10) discusses the issues raised. Excerpts from the report are included below under ‘Discussion’.

 

The Commissioner considered that:

 

“Having regard to Council’s long-term planning strategies for the Mowbray Precinct and the tangible benefits of the Planning Proposal in respect of the provision of public open space, it is appropriate that the reclassification of the subject site should occur. No issues have been raised in the written submissions or oral presentations to the public hearing that would justify not proceeding with the reclassification process.”

 


 

Discussion

 

Separate from expressions of support for Council’s plan to increase the quantity and quality of open space in the precinct, a summary of the main issues of concern raised in the public submissions is included below, followed by a staff comment and then, where relevant, a comment from the Commissioner’s report to the public hearing. 

 

1.   Traffic and Safety

 

Concern has been raised in relation to additional traffic on Mowbray Road, as traffic is described as already “heavy and dangerous”. Similarly, Girraween Avenue is stated to have “…very little visibility for drivers coming down from Mowbray Road. It is an extremely steep and narrow road and additional traffic from new residents from high density residential buildings will increase risk to pedestrians as well as increasing risk of vehicle collisions.”  This is also related to the safety of children walking along Girraween Ave. The increase of traffic congestion on Elizabeth Parade has also been raised.

 

Comment

 

The Planning Proposal was referred to Council’s Coordinator Traffic and Transport who provided the following response:

 

In accordance with the RMS Guide to Traffic Generating Developments - Updated traffic surveys, the higher range of the trip generation rate for high density housing is 0.32 trips/unit in the AM peak and 0.41 trips/unit in the PM peak.

 

Application of the above traffic generation rate to 25 units, yields a traffic generation of 8 vehicles in the AM peak and 10 vehicles in the PM peak.

 

Taking into consideration the trip distribution (i.e. generally, 20% heading westbound and 80% heading eastbound in AM peak and vice versa in the PM peak), the impact of the proposal (on Mowbray Road, Girraween Avenue and Elizabeth Parade), at this stage, is expected to be minimal.

 

However, at DA stage, a Traffic Impact Assessment which will include a complete analysis of the traffic generation is required to be submitted to Council for review.

 

In light of the above, it is considered that the projected traffic added to the local traffic network (Mowbray Road, Girraween Avenue, Elizabeth Parade, etc) is likely to be reasonable and will be further considered in detail when any DA is lodged for the development of 1 Girraween Avenue.

 

It is also noted that, as outlined above, the RMS did not raise any objections to the planning proposal. RMS stated that Council may wish to give consideration to a traffic study of the effect of rezoning 1 Girraween to R4.

 

By way of a traffic study, it should be noted that as part of the Strategic Review of the Precinct, a Traffic Report (November 2011) was undertaken by SMEC at the same time that the JBA Study was prepared. This Traffic Report was based upon a potentially higher dwelling yield for the Precinct and recommended a feasible set of traffic management measures.

 

2.   Built Form Impacts

 

Overshadowing

 

Concern was raised in submissions in relation to the shadow impact over the existing dwellings directly to the south along Kullah Parade, which may result when 1 Girraween Avenue is developed for a residential flat building. It was also stated that if Kullah Parade dwellings are overshadowed they may request a rezoning to R4 which could result in further impacts on Batten Reserve.

 

Comment

 

Due to the topography of the locality, with the land sloping down from Mowbray Road to the south, overshadowing has been carefully considered. Further, the Gateway Determination of 9 January 2018, required that, prior to community consultation:

 

a)    The planning proposal is to be updated to demonstrate acceptability of the proposed building height at 1 Girraween Avenue having regards to provisions set out in State Environmental Planning Policy 65 – Design Quality of Residential Apartment Development and the potential impact on the amenity of neighbouring properties.

 

As a consequence of this requirement, sun studies (AT-7) and a concept design for a residential flat building were prepared by Housing NSW (AT-8 and AT-9). Subsequently, shadowing analysis was prepared by Council staff (AT-6) and submitted to the DPE considering SEPP 65 amenity provisions through the Apartment Design Guidelines (ADG), outlining the proposed building form and assessing the proposed building height impact on the amenity of the neighbouring properties.

 

In summary, Section 4A of the ADG requires that:

 

“Living rooms and private open spaces of at least 70% of apartments in a building receive a minimum of 2 hours direct sunlight between 9 am and 3 pm at mid-winter.”

 

In relation to the dwellings at 38, 40 and 42 Kullah Parade, the outcome of the outlined building form will be:-

·    No. 38 will receive 2 hours solar access to 70% of the private open space, and 3 hours solar access to rear windows in the morning in mid-winter;

·    No. 40 will receive 2 hours solar access to 70% of the private open space, and 2 hours solar access to rear windows in the afternoon in mid-winter; and 

·    No. 42 will receive 2 hours solar access to 70% of the private open space, and 2 hours solar access to rear windows in the morning in mid-winter.

 

Therefore, solar impacts are considered to be compliant with the ADG and therefore SEPP 65. This has been achieved by massing the proposed building towards the northern portion of the site, (as modeled in the design concept submitted to DPE) away from the neighbours, and orientating it at 90 degrees to the common boundary, allowing the concept proposal to meet the objective of optimising sunlight to habitable rooms, primary windows and private open space of neighbouring dwellings. In addition, in compliance with Council’s DCP, the walls adjacent to residential development are restricted to two-storeys in height before being set back. Furthermore, most of the existing building to which this proposal is an addition is located away from the Kullah Parade dwellings towards Mowbray Road.

 

Although the proposed development can only be considered conceptual at this stage, it demonstrates that a residential flat building can be developed at 1 Girraween Avenue, in conjunction with the existing development at 562 Mowbray Road, which can comply with the proposed Lane Cove LEP 2009 height and FSR controls and objectives for the site. In addition to this, the conceptual development proposal demonstrates that compliance is likely to be achieved within the key DCP controls, in particular the reduced floor area of the fifth level and the additional setback requirement where development is proposed at the interface between the zones, in this case between the Kullah Parade dwellings in the E4 zone and the site which is zoned R4.

 

It is also noted that any rezoning of the Kullah Parade dwellings is not likely due to bushfire constraints highlighted during the Master Planning Study phase.

 

Condensation

 

Concern was raised that a residential flat building development at 1 Girraween Avenue will exacerbate existing condensation issues for the residential flat building at 50 Gordon Crescent.

 

Comment

 

From submissions, it appears that the building at 50 Gordon Crescent may have existing natural ventilation and drainage issues that may need to be addressed by the owners/body corporate of that building. Furthermore, sun studies of the concept development plans indicate that solar access to 50 Gordon Crescent is likely to be unaffected by the development of Girraween Avenue between 9am to 2pm in mid-winter.  This is considered to be acceptable.

 

Overlooking

 

Concern was raised regarding the overlooking from the future residential flat building into dwellings along Kullah Parade to the south of 1 Girraween Avenue.

 

Comment

 

Overlooking will be considered in more detail at the development application stage for any proposal. In any case, the concept development plans have indicated that a residential flat building can be developed on the site, meeting amended LEP and DCP requirements, with balconies facing east and west, thereby minimising overlooking of dwellings to the south.

 

Relevant comment from the Public Hearing Report:

 

“The future development on 1 Girraween Avenue has been sufficiently modelled to allow an understanding of the likely future impacts associated with height, bulk and scale.”

 

3.   Suitability of 552 Mowbray Road as a Park

 

Submissions raised concerns regarding the suitability of 552 Mowbray Road for development as a park due to its size, position and location as it is:-

Half the size of the Girraween Avenue site;

Positioned between two residential flat buildings; and

Located on a busy road which creates safety risks for children.

 

Another comment requested this site to be rezoned for retail.

 

Comment

 

The purpose of creating the park at 552 Mowbray Road is to provide a small parcel of open space in the immediate vicinity of the Girraween Avenue park, consistent with the Voluntary Planning Agreement. Although the quantum of open space is not a direct swap in this regard, it is emphasised that the outcome of this planning proposal will be a net increase in open space in the Mowbray Precinct of 4,070 m2.

 

The site at 552 Mowbray Rd is 100metres east of the current park at Girraween Avenue. The proposed Mowbray Rd park will be landscaped as a small local, or pocket park. It will contain similar facilities as currently at Girraween Reserve and existing play equipment and seating will be transferred from Girraween Reserve to the new park. The land slopes away to the south and the proposed plan allows for stepping down the levels through the length of the park. This will provide a more enclosed space for the play equipment compared to the more open play area at Girraween Reserve, providing good separation of the play area from the road. This stepping down away from the road will also help reduce any traffic noise in the park.

 

The tall Eucalyptus trees are open canopied and the site is open to the north allowing for good winter sun access. The line of tall trees at the back of the proposed park within the adjoining private property will be visible from the park and the street verge, contributing to its landscape character.

 

The proposal is consistent with the common nature of pocket parks in built-up areas of Lane Cove LGA. For example, Goodlet Reserve; Nichols Reserve; Ronald Park, 42 Centennial Avenue; 10 Longueville Rd; 25 Finlayson St; Coronation View Point, all represent small but valued sources of multi-functional open spaces.

 

The park will be located between two residential flat buildings and will benefit from the casual surveillance provided by these surrounding dwellings.

 

Further, the future park at 552 Mowbray Road would be similar to other pocket parks located on busy roads, which are fenced but still requiring parental supervision. For example, Charlish Park on Centennial Avenue and Propsting Playground on River Road.

 

The land at 552 Mowbray Road was transferred to Council as part of a VPA for public recreation purposes. While the proposed recreation zoning does allow small-scale retail (only permissible with consent through a Development Application) there are no plans to use this site for any retail purposes. It is considered that the use of the site for open space (pocket park) purposes is preferred given the previous increase in density and other reasons listed above.

 

4.   Provision of Open Space

 

Submissions received favoured the rezoning of 10 to 20 Pinaroo Place for a local park (Mindarie Park). However, concern was concurrently raised in relation to the loss of Girraween Park as this green space is needed more than before due to the “drastic” increase in the population of the Mowbray Precinct. Removal of the park will take away the “breezeway” and trees and will be felt in summer months.

 

Comment was made that Mindarie Park is not a good location for a ‘destination park’ due to bushfire, flooding, overshadowing and sensitive riparian land.

 


 

Comment

 

The provision of open space in the Mowbray Precinct has been the subject of a lengthy strategic planning process. As this includes the negotiated land swap, the Girraween Avenue park will be replaced to some extent by the pocket park at 552 Mowbray Road, and more importantly, the precinct will have a net gain of open space of 4,070m2. Similarly, Mindarie Park is being established as part of this lengthy strategic planning process.

 

The two small pocket parks, Kullah Pde Playground (1,744 m2) and Girraween Reserve (1,328m2), were similar in size and around 400 metres apart. They both have well established trees and contained some play equipment and seating. Kullah Pde playground also contained a tennis practice wall. However neither was sufficiently large enough in their existing size and configuration to be upgraded to a larger local park to cater for the increased residential population.

 

Local parks are considered to have different functions, attributes and facilities than pocket parks. Local parks generally are at least 5,000 m2 (or 0.5 ha) in area, with good frontage to local streets and access from a number of directions. They are community gathering places and used for a range of active and passive recreational activities. Local parks can include a range of facilities for active recreation, such as practice walls and courts, fitness equipment, play equipment and open grassed areas suitable to run about and kick a ball. They also include passive recreation facilities including a range of seating, barbeques, picnic shelters and toilets. They can often be part of a

walking path network.

 

Relevant comment from the Public Hearing Report:

 

“The outcomes of the land swap will result in a tangible and positive public benefit for the local community. While there is a physical relocation of public open space, the new open space will be in two areas where currently it is in one location.

The new area of public open space is significantly larger than the existing area. There is no loss but a gain of open space.

 

While there may be individual impacts associated with the relocation of the open space such as the loss of proximity and the amenity enjoyed by such proximity, the wider community will enjoy the benefit from the resultant open space.”

 

5.   Land Swap

 

Concerns were raised in submissions that while it is agreed that the area needs more open space (with the Mindarie Park being supported), it should not be achieved at the expense of residents in the Girraween Avenue and Gordon Crescent locality. Submissions disagreed with these two activities being related.

 

Comment

 

The then Department of Planning & Infrastructure rezoned the Mowbray Precinct to R4 High Density Residential in 2010. In total, more than 1,500 dwellings will potentially be built in the Precinct, creating a need for more open space for the residents of the Precinct.

 

At the time Council raised the lack of additional Open Space with the Department who agreed to co-fund with Council a strategic review in 2011-12, which was undertaken by JBA Planning (AT-1). To deliver the much-needed open space for the Precinct, the report included the following recommendation:

“It is recommended that Council and Housing NSW consider a land swap with respect to Council’s existing open space at No. 1 Girraween Avenue (1,332m2) and Housing NSW’s residential land at No 10-20 Pinaroo Place (2,588m2) (sic). The benefits of this land swap are that would:

Provide a larger, more useable open space recreation area for the Study Area at No. 10-20 Pinaroo Place that is integrated with the existing open space at 18 Mindarie Street and Batten Reserve (see Figure 35). The open space could be embellished with new facilities such as children’s play equipment, sun shading, seating and community BBQs; and

Allow No. 1 Girraween Avenue to be developed for residential purposes (R4) and for it to be developed as part of any redevelopment of the existing Housing NSW property at No. 562 Mowbray Road West. This would provide a more regular development parcel and greater incentive to redevelop this ageing building”.p.46

 

Since April 2013 Council has been in discussions with the then Department of Planning and Housing NSW about Council acquiring the land. Council has now reached an agreement, which will see the following changes to open space in the Precinct (see Table 1 and Figure 2 below).

 

Site

Area

Current Use

Future Use

1 Girraween Avenue

-1,328m2

Playground

Part of High Density Units

10-20 Pinaroo Place (500m west)

4,255 m2

House/s

Local Park

Pinaroo Place Road Reserve

450 m2

Cul-de-sac

Local Park

552 Mowbray Road (100m east)

697 m2

House

Playground

Total net Increase in Open Space

4,070 m2

 

 

Table 1

Figure 2 – Parcels of land included in land open space recommendation

 

Council in 2017 prepared a design for the new park which will be named Mindarie Park (a copy of the design is available on Council’s website). When combined with the existing small park known as Kullah Parade Playground (1,300m2), the total area of Mindarie Park will be 6,305m2.

 

In conclusion, the land swap forms part of a broader open space strategy for the Precinct identified in the JBA Study in 2011. It has been under negotiation since 2013 and results in a net increase in open space of 4,070m2 for the Precinct. This carefully designed strategy is sound strategic town planning and this Planning Proposal will facilitate the delivery of increased quantity and quality of open space for the precinct.

 

6.   Bushfire Hazard if 1 Girraween Developed for Residential Flat Building

 

One (1) submission objected to the rezoning of 1 Girraween Avenue due to bushfire concerns as: 

·    “[it] would increase the fire risk to the said properties located in Kullah Pde due to increased difficulty in egress of the occupations in a bushfire event; together with the elevation of temperatures to the existing dwellings due to the reflected heat from the bushfire being reflected by the walls and windows of any future development located on the subject property.”

·    non-Compliance of the roadways of the area with the RFS’s requirements.

·    Land & Environmental Court, in respect to the appeal that permitted the rezoning of “the Mowbray Rd Precinct” was on the bases that occupants would remain in their units during a bushfire event. This was greatly flawed....as the commissioner failed to consider that each unit is hard wired with a required smoke alarm, that will force the occupants from their units and onto the roads, blocking the egress of other residents such, as those from Kullah Pde. I believe that not one of the blocks of units within the MRP have complied with the condition of the L&E Court requiring occupants remain in their units during a bushfire event.”

Comment

 

The bushfire risk of the Precinct was addressed in a Bushfire Protection Assessment prepared in 2011 by Eco Logical as part of the Strategic Review. This assessment as well as advice from the North West Metropolitan Emergency Management and Fire & Rescue NSW’s representatives has identified that:

 

...the likelihood and nature of a bushfire in Batten Reserve which could affect developments in the Mowbray Road Precinct, would not require a specific management plan.

 

The advice also indicated that due to the nature and scale of the emergency bushfire and the fact the new dwellings in the Precinct would be constructed to comply with Planning for Bushfire Protection (PBP) and would be safe refuges during bushfire, it is unlikely the Precinct would be subject to a mandatory or forced mass evacuation.   

(summarised by Traffic Study Final Report. SMEC. P43)

 

Furthermore, in the unlikely event of self-evacuation:

 

...the recommended upgraded intersection treatments, along with temporary traffic management and control [including road closure of Mowbray road West at its intersection with Epping Road by the Police] would provide adequate capacity for the emergency bushfire self evacuation.                                

 (ibid)

 

Subsequent to Gateway Determination, the Planning Proposal was referred to the NSW Rural Fire Service (RFS) for comment. In their letter of 30 July 2018 (AT-3), the RFS stated that it “has no specific recommendations in relation to bush fire protection” for the proposal. Any proposed development application would be required to comply with the document Planning for Bushfire Protection, under the Section 9.1 Ministerial Direction 4.4, which was also addressed in the letter from DPE dated 7 September 2018 (AT-5).

 

In summary, pursuant to the bushfire risk review undertaken in 2011, and the recent response from the RFS and Department of Planning in relation to the Planning Proposal, it is considered that bushfire risk is not an outstanding issue at this stage.

 

7.   Devaluation of Properties

 

Three submissions considered that the development of Girraween Park, facilitated through the reclassification, rezoning and subsequent development of the site, will result in the devaluation of their property.

 

Comment

 

From a strategic planning perspective, increasing the amount of open space in an area as a result of population growth would improve the overall amenity (existing and proposed) of an area and make a positive contribution to the local community and its needs. Further, the consolidation of open space into an existing small park will help to create a larger park. While this approach was recommended by the 2011 Master Planning Study it is consistent with the Infrastructure and Liveability Actions contained with the Greater Sydney Commission’s recent Greater Sydney Region Plan and North District Plan.

 

Such an approach improves the liveability, accessibility, health and vitality of an area and its value by the community overall.

 

8.   Exceptional Height

 

The proposed height for 1 Girraween Avenue is greater than the height for the other properties that were rezoned in the Precinct.

 

Comment

 

The Planning Proposal includes an LEP building height limit of 17.5 metres for the site at 1 Girraween Avenue. This is 3 metres higher than nearby R4 sites with an LEP height limit of 14.5 metres. However, it should be noted that the proposed FSR for the site is 1.6:1 which is the same FSR as the nearby R4 sites.

 

The JBA Study (pages 40-41) suggested:

a 14.5m height limit with an FSR of 1.6:1 for the majority of the Mowbray Precinct; and

a 17.5m height limit with an FSR of 1.8:1 in the north western part of the Mowbray Precinct.

 

However, where the greater height was proposed, the report indicated the need for the 4th and 5th floors to be setback from the facade.

 

These height and FSR provisions were gazetted for the Mowbray Precinct in the Amendment of the Lane Cove LEP 2009, dated 14 May 2015.

 

Currently, the height and FSR combination proposed by this Planning Proposal includes the greater height of 17.5m with the lower FSR of 1.6:1. The reason for this is allow a five-storey component near Mowbray Road, while curtailing the FSR to thereby minimise the building bulk, and consequential overshadowing, for properties to the south. The SEPP 65 Memo (AT -7) prepared for the DPE and the Sun Study (AT -8) clearly show that a concept proposal designed with the LEP controls of 17.5m height and an FSR of 1.6:1 can meet the required statutory and non-statutory planning provisions.

 

Council’s existing Development Control Plan, Part C (Locality 6 – Mowbray Precinct) includes more specific provisions to minimise the amenity impacts of five storey buildings in the Mowbray Precinct.

 

In particular, subclause b) states that the 5th floor of any development has a maximum floor area of 50% of the storey below and be set back 3m from the building façade below. Furthermore, with a relatively low FSR of 1.6:1, the top floors are likely to be further constrained to much less than that shown on the page 41 (JBA Study) indicative drawing, as demonstrated in the proposed concept drawings. In addition, Subclause e) of the DCP states that:

 

Development applications at the interface between the high and low density residential zones are to demonstrate that the amenity of adjacent houses has been a design consideration by stepping the building in at least 3m after the second level.

 


 

These provisions envisage that the 3rd floor, and then further the 4th and 5th floors, set back towards the northern end of the site, as the topography rises up to Mowbray Road away from the neighbours to the south. This will thereby ensure that development, which is already constrained by the 1.6:1 FSR, is massed towards the north end of the site. The result is a concept design that complies with solar access and visual privacy requirements.

 

Additional DCP controls, such as Part C Clause 3.14 for Solar Access, will also apply to protect adjacent amenity, and building separations, such as 7m for the first two floors, will apply as per the ADG.

 

It is considered that the combination of the greater height with the lower FSR is reasonable for the site at 1 Girraween Avenue given the larger combined site area with 562 Mowbray Road, the site’s corner position on Mowbray Road, and a concept design which demonstrates the proposal’s compliance with DCP controls.

 

Relevant comment from the Public Hearing Report

 

“I note that the height limit on the subject land will be increased by 3m compared to the adjoining R4 zoned land at No. 562 Mowbray Road. The floor space ratio would be the same across both sites. While I had concerns about the height difference, the increased height will allow flexibility in the design of the future development so that it has capacity for increased rear and side setbacks and landscaped area. The submitted concept plans are below the 17.5m height limit at between 6m and 15.6m and the gross floor area is within the limits of the floor space ratio. The concept plans are not binding but are a demonstration that the impacts of a future residential flat building can be controlled. This is particularly so in respect of the shadow impacts upon Nos. 38-42 Kullah Parade which are demonstrated to be satisfactory with a height of 15.6m.”

 

9.   Zoning Inconsistency

 

One submission stated that the Mowbray Precinct should be zoned E4 Environmental Living, as per DPE guidelines and the zoning on the northern side of Mowbray Road.

 

Comment

 

The DPE rezoned the Mowbray Precinct to R4 High Density Residential in 2010. The rezoning was not supported by Council. In fact, on 6 December 2010, Council resolved to seek a down zoning of the Precinct and subsequently submitted a Planning Proposal (1/2011) to this effect. The outcome of this Planning Proposal is the current mix of R4, E4 and RE1 zoned land.

 

Within Willoughby LGA, zoning to the north of Mowbray Road in this area is similar to that along the south (Lane Cove LGA) side of Mowbray Rd. That is, residential R4 High Density and R2 Low Density zoning several blocks deep transitioning mostly to E4 zoning.

 

In summary, the Planning Proposal does not include consideration of further expansion of the E4 Environmental Living zone. The zones and recommendations in the Mowbray Precinct have been the subject of the JBA Master Planning Study, other Planning Proposals and lengthy discussions with the DPE have confirmed that no others would be supported.


 

10. Health Impact – Tree Removal

 

Concern has been raised in relation to health impacts and the removal of trees from 1 Girraween Avenue.

 

Comment

 

While trees are recognised as creating a healthy microclimate, the subject site is 50-100metres from Batten Reserve, a nine (9) hectare area of bushland offering walking tracks along a long narrow gully on north and south facing slopes to Stringybark Creek. In addition, the proposed land swap increases the area of open space in the Precinct by 4,070m2. This approach is also considered to be consistent with the Actions of the North District Plan.

 

11. Sewer Pipe

 

One submission noted that Girraween Park is the location of a main sewer line serving properties located in Mowbray Rd, above and east of Girraween Ave.

 

Comment

 

The impacts on civil infrastructure were also considered as part of the previous Master Planning Process by Diversi Consulting. Notwithstanding this, the issue would be dealt with at the development design stage.

 

12. On-Street Parking

 

One submission raised concern regarding the loss of on-street parking after the site at 1 Girraween Avenue is developed.

 

Comment

 

The adequacy of on and off-street parking will be considered as part of Council’s assessment of any development application.

 

Summary of Issues

 

Issues raised in submissions during the public exhibition of Planning Proposal 27, which aim to facilitate the provision of open space in the Mowbray Road Precinct, are satisfactorily addressed as such:

 

1.   Traffic and Safety – Mowbray Road is a heavily used regional road, the addition to which the traffic generated by 25 additional units would be very minor. Further, Council’s Coordinator, Traffic & Transport, expects the likely traffic impact to be minimal on the surrounding road network. In any case, a Traffic Impact Assessment would be required at the DA stage. Further, the RMS did not raise any objections to the planning proposal.

 

2.   Overshadowing and Overlooking – Shadow impacts on neighbouring dwellings comply with NSW Apartment Design Guidelines and Lane Cove DCP Part C on solar access. Design concepts demonstrate a possible design, including setbacks which comply with the specific DCP provisions for the Mowbray Precinct, to minimise overlooking opportunities to dwellings to the south.

 


 

3.   Suitability of 552 Mowbray as a park – The proposed park is consistent with many pocket parks in built-up areas of Lane Cove LGA. All provide a reasonable source of open space in established high density residential areas. This park would be similar to many other pocket parks located on busy roads, fenced but requiring parental supervision. Further, the Planning Proposal will result in a large net gain of open space to the Precinct.

 

4.   Provision of open space – The provision of open space in the Mowbray Precinct has been the subject of a lengthy strategic planning process. As is part of the negotiated land swap, the park will be replaced to some extent by the pocket park at 552 Mowbray Road, and more importantly, the Precinct will have a net gain of open space of 4,070m2.

 

5.   Land swap – In response to the recreational needs of the addition of more than 1,500 new dwellings in the Precinct, the Department of Planning and Council’s strategic review in 2011-12 recommended that Council and Housing NSW consider a land swap with respect to Council’s existing open space at 1 Girraween Avenue (1,332m2) and Housing NSW’s residential land at No 10-20 Pinaroo Place (6,05m2). The effect, including 552 Mowbray (697m2) is to provide a net increase of 4,070m2 of newly landscaped parkland for the residents. This carefully designed strategy is sound strategic town planning.

 

6.   Bushfire hazard – The 2011 Bushfire Protection Assessment identified that the Precinct would not require a specific management plan, and that a mandatory or forced mass evacuation is unlikely. Moreover, in response to the recent referral of this planning proposal, the NSW Rural Fire Service stated that it “has no specific recommendations in relation to bush fire protection” for the proposal.

 

7.   Devalued properties – Increasing the amount of open space in this area would improve the overall amenity (existing and proposed) of the area and make a positive contribution to the local community and its needs. By utilising innovative methods of providing open space in established areas it is consistent with the Greater Sydney Region Plan and North District Plan and improves the areas liveability, accessibility, health and vitality and its value to the local community.

 

8.   Exceptional height –Council’s existing DCP, Part C (Locality 6 – Mowbray Precinct) requires that the 5th floor has a maximum floor area of 50% of the storey below and is set back 3m from the building facade.  For any building design on the site, the southern part of the building will be restricted to two storeys. This will further ensure that development, which is already constrained by the 1.6:1 FSR, tends towards the northern part of the site. The result is a concept design that complies with the solar access and visual privacy policy requirements.

 

9.   Zoning inconsistency – Within Willoughby LGA, zoning to the north of Mowbray Road in this area is similar to that along the south (Lane Cove LGA) side of Mowbray Rd. That is, a low density residential zoning several blocks deep, then transitioning mostly to E4 zoning further south.

 

10. Health impact – tree removal -- While trees are recognised as creating a healthy microclimate, the subject site is 50-100metres from Batten Reserve. Moreover, the planning proposal results in the net gain of a significant amount of open space for the Precinct.

 

11. Sewer pipe – Although the civil infrastructure was assessed as part of the Master Planning process, this issue would be dealt with at the development design stage.

 


 

12. On-street parking - The adequacy of on and off-street parking will be considered as part of Council’s assessment of any development application for 1 Girraween Avenue.

 

Conclusion

 

The exhibited Planning Proposal to improve open space provision and liveability overall in the Mowbray Precinct remains sound strategic town planning and is consistent with the Actions of both the Greater Sydney Region Plan and North District Plan and Council’s long term desire to provide additional open space in the precinct.

 

Government authorities were consulted, and their submissions have been taken into consideration.

 

The community were also consulted, and a public hearing conducted. Several issues were raised and have been discussed above. The public hearing Commissioner concluded that:

 

“Based on the information available at the time of the public hearing, I conclude that the subject site is suitable for reclassification from community land to operational land as recommended below.

 

Recommendation

 

1.  That Council proceed with the reclassification of land comprising Lot 141 in DP 222997 known as No. 1 Girraween Avenue Lane Cove North from community land to operational land under the provisions of NSW Local Government Act 1993.

 

2.  That Council write to all persons and organisations that made a submission to the public hearing and thanking them for their input and advising them of Council’s decision.

 

In summary, the exhibited Planning Proposal remains appropriate and Council is recommended to support it and to write to the DPE with a request for finalisation.

 

RECOMMENDATION

 

That Council:-

 

1.   Receive and note the public submissions and the Public Hearing report;

 

2.   Resolve to proceed with the Planning Proposal as exhibited to:-

 

a.    Rezone the public park on Girraween Avenue, Lane Cove North, from RE1 Public Recreation to R4 High Density Residential with a height limit of 17.5m and FSR of 1.6:1;

b.    Reclassify the land at 1 Girraween Avenue, Lane Cove North from Community Land to Operational Land;

c.    Rezone 552 Mowbray Road from R4 High Density Residential to RE1 Public Recreation; and

d.   Remove the identification of 10 - 20 Pinaroo Place on Council’s Land Reservation Acquisition Map as “Reserved for Acquisition”; and

 

3.   Request the Department of Planning and Environment to finalise the draft LEP 2009 amendments as detailed in Recommendation 2 including obtaining any appropriate approval of the Governor under section 30(2) of the Local Government Act 1993.

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Mowbray Road Precinct Lane Cove North - JBA Master Planning Study - December 2011

58 Pages

Available Electronically

AT‑2View

Council Report - 21 August 2017 - Planning Proposal No 27 - Open Space Rezonings - 10 -20 Pinaroo Place, 1 Girraween Avenue and 552 Mowbray Road

5 Pages

 

AT‑3View

Rural Fire Service Submission - Planning Proposal - 1 Girraween Avenue, 10-20 Pinaroo Place and 552 Mowbray Road - 30 July 2018

1 Page

 

AT‑4View

RMS Submission - Planning Proposal - 1 Girraween Avenue, 10-20 Pinaroo Place and 552 Mowbray Road - 29 October 2018

2 Pages

 

AT‑5View

Department of Planning and Environment - Gateway Conditions - 7 September 2018

1 Page

 

AT‑6View

Memo to Department of Planning and Environment - 1 Girraween Ave Planning Proposal No27 – Acceptability under SEPP65

3 Pages

 

AT‑7View

562 Mowbray Road Sun Studies Review - July 2018

4 Pages

 

AT‑8View

Lot 140-141 - 1 Girraween Ave -  Architectural Concept Set

13 Pages

Available Electronically

AT‑9View

Lot 140-141 1 Girraween Ave - Development Data

2 Pages

 

AT‑10View

Report on Public Hearing - 1 Girraween Avenue Lane Cove North - 19 November 2018

12 Pages

 

AT‑11View

Submission to the Public Hearing re Girraween Reserve

5 Pages

 

 

 


 

Ordinary Council Meeting 10 December 2018

Crows Nest Metro Rezoning Proposal

 

 

Subject:          Crows Nest Metro Rezoning Proposal    

Record No:    SU6005 - 74048/18

Division:         Environmental Services Division

Author(s):      Christopher Pelcz; Terry Tredrea; Anthony Crichton 

 

 

Executive Summary

 

The purpose of this report is to review the Crows Nest Metro Rezoning Proposal as part of the Draft 2036 Planning Package. As noted at the November 2018 Council meeting, the consultation period for the proposed draft Crows Nest Metro (station) rezoning proposal has not been extended and will conclude on 3 December 2018.

 

A separate concept State Significant Development Application for the Crows Nest Over Station development is also on exhibition from 16 November till 13 December 2018. It is important to note that the concept application does not seek approval for any construction work.  It is expected that there will be another State Significant Development Application later in 2019 which will provide further opportunity for feedback.

 

While the Crows Nest Metro plans are technically part of the Draft 2036 Planning Package, a separate rezoning proposal (and supporting documents) was released, which included a rezoning report (AT-1), discussion paper (AT-2), Urban Design Study (AT-3) and heritage design guide (AT-4).

 

The proposal recommends the following amendments to the existing planning controls for the Sydney Metro sites:

·    Increasing building heights to a maximum of RL 183 (equivalent to 27 storeys);

·    Introducing a floor space ratio (FSR) to apply to the sites,

·    Increasing the minimum non-residential FSR to encourage employment generating land uses; and

·    Introducing a Design Excellence clause to ensure best practice urban, architectural and landscape design for the Sydney Metro sites.

 

While the proposed plans are supported in-principle, it is recommended that Council make a submission highlighting the points raised in this report.

 

Background

 

The site is located along the Pacific Highway with the main entrance close to the Pacific Highway/Oxley Street intersection. This is the border between both Lane Cove and North Sydney Councils, as shown in the Figure 1 below.

 

Figure 1 - Location

 

Council’s understanding of the process is that an exhibition brochure was released for comment in July 2018 with a series of community information sessions. While this did not contain detailed plans, any comments received during this period will eventually be incorporated into a future State Significant Development Application.

 

Figure 2 below shows the location and proposed uses at the new Crows Nest Metro Station, as described in the brochure.

 

Crows Nest Station 2.jpg

Figure 2 – Proposed building heights and uses

 


 

The proposal details two residential towers (Buildings A & B) above commercial podiums (27 storeys overall), with a small-scale (8 storey) commercial building on Building C and a proposed 17 storey hotel on Building D. According to the brochure, it could potentially have up to 350 new dwellings and enough commercial floor space to provide 900 jobs.

 

The rezoning proposal seeks to amend the existing planning controls in order to deliver these outcomes.

 

Overview

 

As shown in Figure 1, the site is broken into 3 blocks:

·    Block A – bounded by Pacific Highway, Hume Street, Clarke Lane and Oxley Street;

·    Block B – part of the block bounded by Pacific Highway, Hume Street, Clarke Lane; and

·    Block C – part of the block bounded by Clarke Lane, Hume Street, Clarke Street and Oxley Street.

 

 

Site Area

Proposed Gross Floor Area

Block A

3, 877 m2

37,500 m2 – primarily residential

(potentially includes 2,700 mof social infrastructure i.e. community centre and child care centre)

Block B

1, 871 m2

15,200 m2

(250 hotel rooms or commercial floor space)

Block C

608 m2

2,700 m2

(commercial office premises or social infrastructure)

 

As part of these amendments, the existing zoning will remain however the planning controls for the sites are proposed to be changed as per Figure 3 below. 

 

  Proposed Building Heights           Proposed Overall FSR       Proposed Non-residential FSR

Figure 3 – Proposed Changes to Planning Controls

 


 

All of these controls are proposed to deliver the indicative built form shown in the accompanying Urban Design Study, see Figure 4 below.

 

Figure 4 – Indicative Massing Diagram

 

According to the documents, there is also proposed to be a Design Excellence clause inserted into North Sydney’s Local Environmental Plan.

 

A local heritage item is located behind the Metro site on the North Sydney portion which is addressed in the heritage design guide. This guide has no additional implications for Lane Cove and does not affect any heritage items or conservation areas in the Lane Cove area.

 

Discussion

 

It is important to note that no part of the Metro site is within Lane Cove Council LGA. It is also worth noting that the potential buildings do not overshadow any properties in Lane Cove LGA.

The scale proposed provides minimal transitions to the surrounding areas, but rather extends the height from the St Leonards Commercial centre into the Crows Nest Village precinct, previously stopped at Oxley Street, which the current imagery demonstrates building envelopes, which do not resolve the transition. It will therefore be important that the Design Excellence Clause places greater emphases on resolving the transition issue.

Pedestrian Connectivity

 

The plans and information released do not address pedestrian connectivity West to East and across Pacific Highway. Nor do the Draft 2036 plans address how a large number of people will cross Pacific Highway (from the Lane Cove side) or Oxley Street in order to access the Metro Station.

 

Relying on signalised pedestrian signals should be discouraged and alternatives such an underpass or over bridge to efficiently take and deliver a large number of pedestrians to the Metro Station and St Leonards CBD generally. This is particularly important for this station as it will be located entirely underground.

 

This issue is of critical importance and should be addressed in the Secretary’s Environmental Assessment Requirements (SEARs) stage i.e. prior to the Development Application stage. Failure to do so would place unacceptable demands on existing streets and the efficient movement of traffic, including on the Pacific Highway.

 

Community Facilities

 

Despite the Metro Station being a significant piece of public transport infrastructure is not delivering any larger scale community facilities.

 

As part of the Draft 2036 Planning Package, the Social Infrastructure and Open Space study identified that there is a proposal to provide a new 1,000 mbranch library on the JQZ site (adjoining the St Leonards Plaza) – this would service the needs of the local community.

 

However, it is also noted that the same study that with the additional population envisaged by the Draft 2036 plans and the role of St Leonards as a strategic centre, that there may be a need for additional community services i.e. a central or additional branch library elsewhere in the St Leonards and Crows Nest precinct. One of the recommendations in the Social Infrastructure and Open Space study is that it identifies the Metro site as potentially providing an additional central or branch library. The purpose of this would be to service the entire St Leonards and Crows Nest precinct. The Metro site is considered to be highly desirable as a central or additional branch library as the larger commercial podiums (in Buildings A & B) will allow for a larger sized library (greater than 1,000 m2) to be delivered and accommodated, along with additional community facilities.

 

It would also have the added benefit of being close to a transport node and could potentially provide additional valuable community space.

 

Additional Commercial Space

 

In addition to the community facilities, mentioned above, further consideration alternate and/or additional commercial floor space is  on the Metro site i.e. the proposed hotel could be re-located to Building C and commercial offices to Building B.

 

While the draft plans and brochures show that there will be commercial podiums and a hotel as part of the development, it is understood that the final uses and mix will be determined at the Development Application stage.

 

 

 

 

On this basis it is recommended to seek the views of Willoughby and North Sydney Councils in relation to this rezoning proposal and Draft 2036 Plans to consider their potential impacts on Lane Cove.

 

Conclusion

 

Overall, the proposal for the Metro site can be supported in-principle however a few issues have not yet been addressed.  The issue of promoting pedestrian crossing of the Pacific Highway to access the Metro Station site, from the Lane Cove side, has still not been adequately addressed despite the projected growth for the St Leonards area. It is strongly recommended that an additional underpass (or overpass) be provided at the Oxley Street/Pacific Highway intersection.

 

Despite the Metro project being one of the largest infrastructure projects in Australia, it is not providing any larger scale community facilities. However, the Draft 2036 Plans have recommended that the site could potentially accommodate a central or additional branch library. The larger floor plates would be able to accommodate such a use and provide additional valuable community space.

 

It is also unclear the final amount and mix of commercial floor space being provided. It is recommended that the applicant investigate and consider alternative and/or additional commercial floor space as part of the future Development Application stage. 

 

 

RECOMMENDATION

 

That Council provide in-principle support to the proposed rezoning proposal, but make a submission highlighting the following points:-

 

a)   The Design Excellence requirements should place an emphasis on appropriate transition of the site to surrounding areas.

 

b)   Based on the entire 2036 planning package (including the Draft 2036 Plans and Rezoning Proposal), no information has adequately addressed pedestrian connectivity West to East across Pacific Highway. Relying on signalised pedestrian signals should be discouraged and alternatives such an underpass or over bridge should be provided, particularly given the projected growth for the St Leonards area.

 

c)   The rezoning proposal does not currently appear to be providing any new larger scale community facilities.

 

d)   Other commercial land uses (and possibly additional floor space) also be investigated and considered at the Development Application stage.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 


 

ATTACHMENTS:

AT‑1View

Rezoning Report

40 Pages

Available Electronically

AT‑2View

Discussion Paper

8 Pages

 

AT‑3View

Urban Design Study

42 Pages

Available Electronically

AT‑4View

Heritage Design Guide

12 Pages

 

 

 


 

Ordinary Council Meeting 3 December 2018

Lane Cove Gift Card

 

 

Subject:          Lane Cove Gift Card     

Record No:    SU840 - 74787/18

Division:         General Managers Unit

Author(s):      David Stevens 

 

 

Executive Summary

 

Council has undertaken further research into facilitating a Lane Cove gift card in order to encourage residents and out-of-area visitors to shop in the Lane Cove Village. Council has been in contact with a company called Why Leave Town Promotions which specialise in a community gift card program. Council has also sought feedback from other Councils who have used the program in order to gauge the success of the gift card scheme.

 

Background

Council at its meeting of the 17th September resolved that:-

1.   Council investigate the opportunity and work with local businesses based in Lane Cove to create a “Lane Cove Gift Card” or other suitable incentive scheme to encourage residents and out-of-area visitors to shop in the Lane Cove Village;

2.   A report come back to Council on what interest exists amongst businesses in the Lane Cove Village to participate in such a scheme; and

3.   A report come back to Council on the most appropriate method to operate such a scheme and whom would be most appropriate to oversee its continued operation.

 

Council further resolved at its meeting of the 19th November 2018 that:-

Council contact Cowra Council and Broken Hill City Council to enquire as to the operation of their local gift card schemes and a further report be submitted to Council.

 

Discussion

 

Following a suggestion from the public gallery at the last Council meeting Council has been in contact with a company called Why Leave Town Promotions (WLT) based in the north western NSW town of Narrabri. WLT Gift Card program is an EFTPOS based system aimed at keeping money within local communities by encouraging people to shop locally. Any business that has access to an EFTPOS machine can take part in the program. The program has a number of stores (maximum 10) where cards can be loaded as well as being redeemed, and 50 ‘redemption only’ businesses (this number can be increased for a small fee). The minimum load amount is $10 up to a maximum of $1000, with an expiry date of 3 years*. Whilst the card may be used multiple times until the loaded amount is exhausted*, it may only be loaded once.

 

In order to ensure that the gift card can only be spent in the Lane Cove area, cards can be locked down (“geo-fenced”) to the participating businesses’ EFTPOS terminals. WLT advised the gift cards cannot be enabled for multiple loading as it overwrites the geo-fencing functionality, ie they can then be spent at any participating (out of area) WLT participating business.

 

The front of the card can be designed with a graphic that specifically relates to the Lane Cove area. The only requirement is that it must have the EFTPOS symbol on the bottom right and the word ‘gift card’ located on the front.  Council would receive monthly reports detailing the number of cards loaded with their amounts, and the spend amount per registered business

 


 

Costs

 

Fixed

Annual fee

$1,975

Ongoing

Order of 500 cards

$3.50 per card

Order of 1000 cards

$3.00 per card

Processing fee per card order

$86.90

Additional load up stores (above 10)

$100 per store

Additional redemption store (above 50)

$5 per store

Additional Activation Card (2 provided)

$27.50 per card

 

The cost of the card can either be covered by the commissioning body or incurred when the gift card is purchased ie if a customer wants a $50 card loaded the total cost would be $53. It is recommended that Council purchase the first 1000 cards to encourage participation and gauge interest in the scheme. That is, Council acts as the commissioning body thereby absorbing the $3 upfront fee per card. Council would also need to contribute funds to promoting the gift card program throughout the LGA. Research has been undertaken as to the level of Council involvement in the rollout of the program.

 

Dubbo Regional Council deployed grant funding to act as the commissioning body, Gunnedah and Cowra Shire Councils co-contributed (with local sponsorship) and engaged their respective Chamber of Commerce to manage the gift card deployment, whilst Orange City Council acted similarly to the Lane Cove Council proposal by procuring 1000 cards directly. Broken Hill City Council’s arrangement was facilitated and managed by, Regional Development Australia (RDA Far West) and services the region of “Far West NSW”.

 

Each of the above Council’s noted the following:-

1.    Little to no resident resistance to the Community Gift Card concept.

2.    Engaging local businesses to participate was initially slow, however word of mouth coupled with media communications sped up the process.

3.    Regular small business “gift card marketing campaigns” increased success and participation, including via social media.

4.    Small business owners principally targeted, not chain stores or large retailers (eg Woolworths and associated liquor stores).

5.    The program is free for retailers with activation simple and quick.

6.    Point of Sale machines (EFTPOS) are locked down per business and by area with no technology intervention or changes.

7.    Cards can be reported lost or stolen and a new card distributed with the account balance to a “registered” card owner.

8.    Orange and Dubbo Council’s report in excess of 100 small business owners participating.

9.    Gift cards can be awarded as part of any formal staff rewards program (Council and / or local business).

10.  Local clubs and pubs award the gift card as prizes for raffles.

11.  Dubbo Regional Council are able to provide Lane Cove with an example of “Welcome Pack” and marketing collateral.

12.  All monies are held in a trust fund, ie segregated accounting for security purposes.

13.  Banks do not charge admin fees for purchase(s) via the gift cards.

14.  Orange, Dubbo and Cowra Councils, and RDA Far West speak very highly of the (Program Manager) and WLT generally.

15.  New legislation (March 2018) has extended the expiry date of the cards from 1 year to 3 years.

 

The implementation will take approximately nine (9) weeks, which includes card design and engaging businesses to sign up to the program.

 

Budget

 

Council has as part of the Rosenthal Project has undertaken a number of initiatives to support local businesses in addition to Council’s normal local economic development activities. The ‘Love Where You Shop’ budget has sufficient funds to establish the program with 1000 cards and undertake marketing, which is estimated to be a total of $15,000.

 

Conclusion

 

On balance, the WLT Gift Card concept addresses all the needs as identified in the initial Council Report. Furthermore, and whilst small business support may be challenging initially, the WLT program is cost effective, well administered and includes important monthly reporting that will be of value to the registered business participants. The only foreseeable negative is the cards’ ability to be loaded once, which although consistent with other gift cards, it adds overhead and complexity when having to reissue and impacts its role as an ongoing loyalty card. WLT are currently investigating the ability to ‘top up’ the cards. That said, Council may impose a minimum load amount of $50 and should engage the community through a well crafted To support the program a marketing strategy utilising our website, social and print media, and store posters will be implemented.

 

 

RECOMMENDATION

That:-

1.  The report be received and noted; and

2.  That Council purchase 1000 gift cards through the Why Leave Town Community Gift Card             Program.

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 3 December 2018

November 2018 Traffic Committee Meeting

 

 

Subject:          November 2018 Traffic Committee Meeting    

Record No:    SU1326 - 74797/18

Division:         Open Space and Urban Services Division

Author(s):      Hassaan Zafar 

 

 

Executive Summary

 

The Lane Cove Traffic Committee Meeting was held on Tuesday, 20 November 2018. The Agenda is included as AT-1. The Traffic Committee recommendations are shown in the Minutes of the Meeting, included as AT-2.

 

 

RECOMMENDATION

 

That Council adopts the recommendations of the Lane Cove Traffic Committee Meeting held on Tuesday, 20 November 2018.

 

 

 

 

 

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

 

 

ATTACHMENTS:

AT‑1View

AGENDA - Traffic Committee - November 2018

56 Pages

 

AT‑2View

MINUTES - Traffic Committee - November 2018

19 Pages

 

 

 


 

Ordinary Council Meeting 3 December 2018

St Leonards Plaza - Request for Tender for a Project Manager

 

 

Subject:          St Leonards Plaza - Request for Tender for a Project Manager     

Record No:    SU7098 - 75294/18

Division:         General Managers Unit

Author(s):      Richard Alder 

 

 

 

Executive Summary

 

Council called for tenders in accordance with Council’s Tender and Quotation Procedure for the provision of a Project Management Consultant who will be responsible for organising further structural design development and ultimately construction of the St Leonards Plaza.  This report provides details on the tender process conducted and recommends that the tender from TSA Management be accepted.

 

Background

 

Council at its 15 October 2018 meeting considered a report in relation to progressing construction of the St Leonards Plaza Project and resolved:-

“1.     Receive and note the report;

2.       Approve a variation to the 2018/19 Budget Allocation for the St Leonards Public Domain of $1.5M;

3.       Note the contracts awarded in respect of the project and the proposed appointment of a Consultant Project Manager; and

4.       Receive a further report at the appropriate time to determine whether or not to proceed with the project.”

 

Discussion

 

Tenders were called for a Consultant Project Manager, who will be responsible for organising further structural design development and ultimately construction of the project. The Project Manager will develop a Project Strategy in consultation with Council that will include-:

a.       A Project Delivery Plan, including Project Management Plan;

b.       Proposed delivery method (Design and Construct, Early Contractor Engagement; Management Contracting etc);

c.       Project approvals pathway (in conjunction with appointed lawyers, Maddocks);

d.       Advice on appointment of any further specialist consultant; and

e.       Construction supervision.

 

The tender contract will run through to October 2021 and allows for Council to cease the contract should ultimately Council make a decision not to proceed with the project.

The  Request for Tender (RfT) document was placed on the NSROC Tenderlink Portal, identified as ‘NSRC-823398 Lane Cove Council Request for Tender- Client Side Consultant Project Manager - St Leonards Plaza’ on 10/09/2018 with a close date of 05/10/2018 12:00 p.m. 

One tender addendum (Tender Addendum No. 01) was issued on 12/09/2018. This included:-

·          a version of Section E: Tender Return in Word format to assist respondents in their submission

·          A clarification on the included P90 Estimate prepared by Rider Levett Bucknall stating that because the ‘estimate includes some work that will be undertaken by JQZ and some that is no longer applicable... for the purposes of this tender process only, the Budget is $40million’.

 

The RfT was sent to five project management firms preselected from the Procure Point SCM1191 Prequalification Scheme for Consultants in Construction Advance list identified for their experience and knowledge of rail projects and experience of working with TfNSW and its agencies.

 

The RfT specification outlined that the tender submissions would be assessed based on the following weighted criteria:-

 

Criteria (a):      SCM1191 Prequalification Scheme for Consultants in Construction – Advance list.

Weighting:         pass/fail

 

The Consultant must be a Project Manager on the SCM1191 Prequalification Scheme for Consultants in Construction – Advance list.

 

If the respondent passes the above pass/fail test they will proceed to be assessed against the additional evaluation criteria below, otherwise they will not be further considered.

 

All the companies invited to tender were on the SCM1191 Prequalification Scheme.

 

Criteria (b):      Price

Weighting:         40%

 

Best value to Council based on the Tender Price and schedule of rates provided in the mandatory schedules.

 

The bids were scored based on a pro rata difference in prices submitted using the ‘normalised and weighted’ formula in Tendering Procedure PRO CS-02_1211596

 

Criteria (c):      Project Management Methodology

Weighting:         15%

 

Demonstrated understanding of the Task and Project Management Methodology.

 

Criteria (d):      Capability and Capacity

Weighting:         20%

 

Demonstrated organisational capacity, financial management skills and staff expertise to deliver a project of this importance and size. 

 

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

 

 


 

Criteria (e):      Experience

Weighting:         5%

 

Demonstrated experience working with Local Government and with a reasonable knowledge of its management and decision making processes, procurement approaches and understands its Code of Ethics.

To achieve the maximum score the tenderer is to have relevant experience, technical expertise, qualifications to carry out the contractor's obligations under the Contract, experience with contracts of a similar nature with other NSW Councils and/or Government departments.

 

Criteria (f):       Experience In Rail Projects

Weighting:         20%

 

Demonstrated direct experience in rail projects in general and in particular construction of projects over or adjacent to a live rail corridor.

 

To achieve the maximum score the tenderer and their staff proposed for the project is to have relevant experience, technical expertise, qualifications to carry out the contractor's obligations under the Contract, experience with contracts of a similar nature, specifically rail and public open space projects.

 

Criteria (g):      Experience Working with TfNSW and its agencies

Weighting:         5%

 

Demonstrated relevant recent experience in Working With TfNSW and its agencies / clusters and Local Government.

 

To achieve the maximum score the tenderer and their staff proposed for the is to have relevant experience, technical expertise, qualifications to carry out the contractor's obligations under the Contract, experience with contracts of a similar nature with Transport for New South Wales (TfNSW), Rail Corp, Sydney Trains and associated authorities.

 

Criteria (h):      Work Health & Safety

Weighting:         2.5%

 

·          Work, Health and Safety policies and procedures.

·          Quality Assurance Programs.

·          Insurances.

 

To achieve the maximum score the tenderer is to provide details in their submission that they have a WHS Management Plan and work method statements.

 

Criteria (i):       Sustainability and Environment

Weighting:         5%

 

·          Response to Council’s Environmental Questionnaire.

·          Environmental policies and procedures.

 


 

The ‘electronic’ tender box was opened by on the 5/10/18 and tenders were received from:

·                     AECOM Australia Pty Ltd

·                     APP Corporation Pty Limited

·                     Cadence Australia Pty Ltd

·                     Savills Project Management Pty Ltd

·                     TSA Management

 

The Tender Panel (TP) established under Clause 5.3 of the Tendering Procedure PRO CS-02, consisted of:

·                     Executive Officer to the GM (GM’s delegate)

·                     Coordinator Assets (member from outside unit/area)

·                     Senior Project Manager (GMU and Panel Chairman)

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

 

Company

Price

(40%)

Project Management Methodology:

(15%)

Capacity & Capability:

(30%)

Experience:

(5%)

Experience In Rail Projects:

(20%)

Experience Working with TfNSW and its agencies:

(5%)

Work, Health & Safety:

(5%)

Environment:

(5%)

TSA

 

Equal Preferred

Equal Preferred

Preferred

Preferred

Equal Preferred

Equal Preferred

Preferred

Savills

 

 

 

 

 

 

Equal Preferred

 

AECOM

 

 

 

 

 

 

Equal Preferred

 

Cadence

Preferred

 

 

 

 

 

Equal Preferred

 

APP

 

Equal Preferred

Equal Preferred

 

 

Equal Preferred

Equal Preferred

 

Conclusion

A confidential memorandum has been circulated separately to Councillors detailing the prices submitted by each tenderer and how each of the weighted criteria was assessed.

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

1.   The tender for the provision of a Project Management Consultant be awarded to TSA Management subject to satisfactory financial capacity checks; and

2.   The General Manager enters into contract with TSA Management

 

 

RECOMMENDATION

That:-

1.  The tender for the provision of a Project Management Consultant be awarded to TSA           Management subject to satisfactory financial capacity checks; and

 2. The General Manager be authorised to enter into a contract with TSA Management

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 10 December 2018

Delegation of Authority During Christmas Recess

 

 

Subject:          Delegation of Authority During Christmas Recess    

Record No:    SU5070 - 74702/18

Division:         Corporate Services Division

Author(s):      Simon Cole 

 

 

Executive Summary

 

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

 

Discussion

 

Over the Christmas period the notification period for new Development Applications is extended until February to ensure that notifications are effective even with the vast majority of the community on holidays. It is the normal practice to grant authority to the Mayor and General Manager to determine any matters which may arise during the Christmas recess, which is consistent with s226 of the Local Government Act, “to exercise, in cases of necessity, the policy-making functions of the governing body of the council between meetings of the council.”

 

 

RECOMMENDATION

 

That subject to the provisions of Section 377 of the Local Government Act, 1993, Council appoint a Committee comprising of the Mayor and the General Manager, or in their absence a delegate of the Mayor and/or the person acting as General Manager, to deal with and determine, urgent matters arising during the Council recess until 18 February 2019, in such cases applying Council’s policies, or where no such policies exist, exercising due caution.

 

 

 

 

 

 

Craig Dalli

Executive Manager - Corporate Services

Corporate Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 3 December 2018

Consultation Results -  Closure and Relocation of Pedestrian Laneway - 25-29 Longueville Road, Lane Cove

 

 

Subject:          Consultation Results -  Closure and Relocation of Pedestrian Laneway - 25-29 Longueville Road, Lane Cove     

Record No:    SU5583 - 74774/18

Division:         General Managers Unit

Author(s):      Evan Singer 

 

 

Executive Summary

 

This report outlines the results of the public notification of the proposal to close and relocate a ‘public road’ known as the existing pedestrian laneway located between 25-27 Longueville Road, Lane Cove, refer AT-1.

                                 

A formal agreement has been entered into with the developer of the residential units at 25-29 Longueville Road that subject to the proposal being approved and to the redevelopment proceeding, a new accessible pathway within a publicly easement will be provided at 29 Longueville Road.

 

The proposed relocated laneway will potentially provide a number of community benefits including a much wider pedestrian access to Longueville Road from Taylors Lane, enhanced lighting and public safety, ramps for accessibility and landscape improvements.  The developer would be responsible for all costs associated with the closure of the existing laneway, creation of an easement and construction of a new pathway and improvements on the site.

 

This report considers the submissions received from the community and public utilities and will recommend on balance that in view of the public benefits of the proposal, Council formally approve the closure of the existing Laneway.

 

Background

At its Ordinary Meeting on 10 October 2016, Council considered a report in respect of the proposed closure and relocation of an existing pedestrian laneway between 25-27 Longueville Road, Lane Cove and resolved to:

1.   Receive and note the information;

2.   Proceed with public notification to close the laneway between 25-27 Longueville Road, Lane Cove at AT-1 in accordance with the Memorandum of Understanding dated April 2006 with the NSW Department of Primary Industry-Lands; and

3.   Following public consultation, receive a further report outlining the submissions received with respect to the proposed laneway closure and for determining whether to proceed with an application to NSW Department of Primary Industry-Lands.

 

It is noted that the NSW Department of Primary Industry-Lands was responsible at the time for approving such applications and had standardised procedures for Public Road Closure applications by a Council including the need to consult the community and public utilities and to address any reasonable concerns and objections from respondents. The developer delayed entering into the agreement which ultimately delayed the road closure consultation process. It ultimately started, however, changes to legislation came into effect on 1 July 2018, which saw councils given authority to consider and determine public roads and laneway closure applications. As the process of public notification was not completed by 1 July, the process had to start over.

 


 

Discussion

 

Council re-advertised the proposed in the North Shore Times on 11 October 2018 and notification letters sent to relevant stakeholders, allowing for a period of 42 days for submissions from the community, public utilities and adjoining lot owners.

 

Submissions

The following submissions were received:

A.  Public Authorities

 

1.   Sydney Water

 

Response

 

Sydney Water advised that they have a water main asset within the laneway and therefore lodged a formal objection to the closure. However, Sydney Water indicated that they will agree to lift their objection subject to the developer meeting their requirements including possible relocation of services.

 

Comment

 

The developer has reached agreement with Sydney Water who will lift their objection conditionally on their requirements being carried out.

 

2.   Crown Lands

 

Response

 

Crown Lands requested further information and subject to receipt lodged a formal objection to the closure.

 

Comment

 

The information requested has been supplied. No objection raised.

 

3.   Lands & Water

 

Response

 

Lands & Water Division requested further information. No objection raised.

 

Comment

 

The information requested has been supplied. Whilst Sydney Water services are currently within sections of the proposed road closures, the developer has agreed to undertake to relocate the affected services in conjunction with the relevant public utilities requirements.  Should the services not be relocated prior to the gazettal of the proposed closure, easements for services in favour of the relevant authority(s) would be included on title until such time they are no longer required.

 

4.   Road & Maritime Services

 

Response

 

Roads & Maritime Services requested further information. No objection raised.

 

Comment

 

The information requested has been supplied, no response has been received.

 

B.  General Submissions

 

1.  Two (2) submissions sought clarification of alternate access first prior to closure

 

Comment

 

The Deed provides that the existing laneway will not be closed until the new access is open. Therefore in the event the development does not proceed or finalise, Council will not accept handover of the pedestrian laneway and easement until it is satisfied it meets our requirements. The layout and design as shown at AT-1 was made available to the community as part of the notification process.

 

2.  Further information was requested in respect of the proposal.

 

Comment

 

A copy of the plan was provided to the respondent and no further submission was received.

 

Discussion

In summary, there were three private submissions received and all of these have been categorised as seeking further information / clarification.

                                                      

However, the submission by one public utility outlined objections based on infrastructure that can be relocated.  Agreement has been reached between the developer and the public utility, who will lift the objections on satisfactory relocation of existing services and assets.

 

It is pointed out that the existing laneway has the following limitations:

 

•     Width of walkway – 1.22 meters

•     Able bodied access only – steps at both ends

•     Gradient for the entire length

•     Bound by fencing on each side

•     No lighting or landscaping

•     Reduced security (passing width)

•     On-going maintenance cost to Council

 

Whilst subject to the redevelopment of 25-29 Longueville Road, Lane Cove and the proposal proceeding, it is considered that the community would benefit from;

 

•     Increased pathway width to 2 metres;

•     Increased overall corridor width to 6 metres;

•     Accessibility to all pedestrian users i.e. ramps;

•     Lighting for visibility and security;

•     Landscaping for visual-aesthetics;

•     Maintained by newly created Owners Corporation;

•     No costs associated with proposal;

•     No increase in travel distance; and

•     More direct journey to Bus stop interchange and the Village.

 

Conclusion

 

Therefore, on balance, it is recommended that Council close the subject laneway and the new laneway be provided as outlined in the report.

 

 

RECOMMENDATION

 

That Council:-

 

1.   Note that following public consultation, on balance there are significant community benefits to the proposed closure and relocation of pedestrian laneway between 25-27 Longueville Road, Lane Cove to between 29-31 Longueville Road; and

 

2.   Formally close as public road the pedestrian laneway between 25-27 Longueville Road as shown in AT-1.

 

 

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1View

Plan illustrating closure and relocation of Public Laneway.

1 Page

 

 

 


 

Ordinary Council Meeting 3 December 2018

Consultation Results - Proposed Closure the Northern End of Lithgow Street and Christie Lane, St Leonards

 

 

Subject:          Consultation Results - Proposed Closure the Northern End of Lithgow Street and Christie Lane, St Leonards    

Record No:    SU7079 - 74983/18

Division:         General Managers Unit

Author(s):      Evan Singer 

 

 

Executive Summary

 

This report sets out the results of the public notification to close both the northern end of Lithgow Street and Christie Lane, St Leonards, as illustrated in AT-1.  The road closure of this section of Lithgow Street is to facilitate the proposed St Leonards Plaza to be constructed over the rail corridor and Lithgow Street.  Upon closure of Christie Lane, access will be restricted to pedestrians only.  A new road will be constructed to extend the existing Nicholson Street through to Lithgow Street.

 

This report will consider all submissions received in respect of the proposals and will recommend closure of both sections of public road.

 

Background

Proposed closure of Christie Lane, St Leonards.

At its Ordinary Meeting on 20 November 2017, Council considered a report in respect of the closure to facilitate the proposed pedestrian only link between the proposed St Leonards Plaza and Friedlander Place and resolved that;

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

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

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

 

Proposed closure of the northern end of Lithgow Street, St Leonards.

At its Ordinary Meeting on 15 August 2016, Council considered a report in respect of the closure of the northern end of Lithgow Street to facilitate the proposed St Leonards Plaza to be constructed over the rail corridor & Lithgow Street and resolved that;

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

      2.   Council undertake community Consultation for a  period of 6 weeks in accordance with the consultation strategy outlined in the report concurrently with the exhibition of the Planning Proposal and Voluntary Planning Agreement in respect of 75-79 Lithgow St & 84-90 Christie St, St Leonards; and

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

It is noted that the Department of Lands was responsible for determining road closure applications at the time community consultation took place on the proposal to close the northern end of Lithgow Street. However, the Department did not finalise the application prior to 1 July 2018 when councils were authorised to consider and determine public roads and laneway closure applications, the consultation process had to be recommenced.

 

Discussion

 

As a result of the abovementioned changes in legislation which came into effect on 1 July 2018, the proposed road closure for the northern end of Lithgow Street, St Leonards was re-advertised concurrently with the proposed road closure of Christie Lane, St Leonards in the North Shore Times on 11 October 2018 and letters were also sent to stakeholders, allowing for a period of 42 days for submissions from the community, public utilities and adjoining Lot Owners.

 

The following submissions were received:-

A.  PUBLIC AUTHORITIES

1.   Crown Lands

Response

 

Crown Lands requested further information.

 

Comment

 

The information requested has been supplied. No objections raised.

 

2.   Lands & Water

Response

Lands & Water Division requested further information.

 

Comment

The information requested has been supplied. No objections raised.

 

3.   Road & Maritime Services

Response

 

Roads & Maritime Services requested further information.

 

Comment

 

The information requested has been supplied. The Traffic Committee considered the matter at its meeting of 20 November 2018 and recommended the ”RMS to provide concurrence via email”. No response has been received at this time. The Traffic Management Plan submitted to the Traffic Committee responded to the issues raised by the RMS, and therefore no objection is likely. In separate advice from the RMS, they indicated they required the dedication of land at the most northern end of Lithgow Street for RMS purposes, (refer AT-1), this will be accommodated in the subdivision plan when the road is close.

 

 

4.   Ausgrid

Response

 

Objection as multiple assets exist for which easements and at this time right of ways do not exist.

 

Comment

 

Objection lifted, current project to relocate the affected assets.

 

5.   State Transit

Comment

 

No objections raised

 

6.   Transport for NSW/ Sydney Trains

Response

 

Transport for NSW (including - Sydney Trains) requested further information.

 

Comment

 

No objections raised

 

7.   NSW National Parks and Wildlife

Comment

 

No objections raised.

 

8.   Forestry Corporation

Comment

 

No objections raised

                                                                                                                 

9.   North Sydney Council

Response

 

North Sydney Council requested further information.

 

Comment

 

No objection submitted, further information requested has been supplied

 


 

B.  GENERAL SUBMISSIONS

A total of 9 submissions were received in relation to the Lithgow Street Closure, 3 in support and 6 against raising the following matters:-

 

·    Support for a drop off area

·    General congestion from developments and illegal parkers

·    Understanding of the proposed St Leonards Plaza

·    Concerns for seniors

·    Concerns for traffic flow

·    Access to train station

·    Traffic flows, developments and Crows Nest Metro Station

 

 

Comment

     Explanations of revised traffic movements and improvements, access to the station and proposed St Leonards Plaza were supplied to the respondents, which satisfied their concerns.

Multiple objections were received from one tenant in relation to the closure of Christie Lane.

The objection relates to a disputed rear vehicular access to their site under a lease agreement. It is a private Lessor / Lessee matter and does not involve Council. The owner raised no objection to the closure of Christie Lane.

 

It is noted that Council is responsible for approving such applications based on standard procedures for Public Road Closure applications by a Council including the need to consult the community and public utilities and to address any reasonable concerns and objections from respondents.

 

Council has now completed the process as per the requirements, with the last remaining step being gazettal following Council’s decision. 

 

Conclusion

 

As no objections have been received from relevant authorities, noting that in any event, public authority services will be relocated into the remaining parts of the public road, and no valid objections have been otherwise received from other stakeholders, on balance the proposals are supported. Therefore, the process going forward requires a resolution of Council to close the roads.


 

 

RECOMMENDATION

That Council:-

1.   Receive and note the report;

2.   Note that following the public consultation process stakeholders, no valid objections were received to the proposed road closures of Christie Lane, St Leonards and the northern end of Lithgow Street, St Leonards;

3.   Formally close as public road Christie Lane, St Leonards and the northern end of

Lithgow Street, St Leonards as shown in AT-1; and

4.   Dedicate to the RMS the section of land at the northern end of Lithgow Street as shown in AT-1.

 

 

 

 

Craig Wrightson

General Manager

General Managers Unit

 

 

ATTACHMENTS:

AT‑1View

Plan illustrating proposed Road Closures

1 Page

 

 

  


 

Ordinary Council Meeting 3 December 2018

Replacement of Lane Cove Aquatic Centre 50 Metre Pool and Grandstand

 

 

Subject:          Replacement of Lane Cove Aquatic Centre 50 Metre Pool and Grandstand    

Record No:    SU7256 - 75205/18

Division:         Human Services Division

Author(s):      Jane Gornall 

 

 

Executive Summary

 

The Lane Cove Aquatic Centre 50 metre Pool and Grandstand were opened in November 1962. The Pool has serviced the community well, with innumerable Lane Cove locals learning to swim and attend swimming carnivals at the Centre.

 

The Pool for more than twenty years has had a history of leaking and repairs have been conducted on a number of occasions to reduce the leaks and lengthen the life of the Pool. 

 

The 2018/2019 budget provided funds for planning for the future replacement of the Pool and Grandstand in 2019/20 following completion of the Rosenthal Project.

 

It has become clear since the budget was prepared that the Grandstand and the Pool have reached their ‘end of life” and that work needs to commence immediately on fast-tracking a new Pool and Grandstand.

 

Background

 

In 2016, Council staff commenced planning for the replacement of the Grandstand and 50 metre Pool as they were approaching the end of their useful life. It was initially proposed to undertake the Grandstand replacement first whilst Council accumulated the funds to replace the pool in 2019/20 following completion of the Rosenthal Project. Ultimately the Grandstand replacement was put on hold when the operator, Bluefit, raised the option of relocating the swimming pool to the Phoenix Street side of the site to provide the opportunity for additional facilities on the site.

 

Since 2017, due to the age of both assets, structural inspections have been conducted at six month intervals. In May 2018, the Pool and Grandstand were inspected in preparation for the upcoming swim carnival season with some minor works being carried out after this inspection. When the assets were inspected in October 2018 concerns were raised about further deterioration in both assets by the structural engineer, who advised Council to close all but the lowest seven rows of the Grandstand.

 

The structural engineer also suggested that the Pool be more regularly checked. Currently the Pool is being checked weekly.  The current proposed closure date is 30 April, 2019 subject to the ongoing structural reviews.

 

In view of the above it is now important the rebuilding of the Pool and Grandstand be fast-tracked.

 

Discussion

 

The following preliminary activities have been undertaken so far to ‘fast-track’ the Pool and Grandstand:

 


 

Design

 

Council has appointed the following architectural firms to deliver an integrated grandstand and new 50 metre pool design.

 

Team 2 - in 2016, Council worked with Sydney-based Team 2 Architects on developing plans for the rebuilding of the Grandstand.  Council will now work with the architects to complete these plans and submit a Development Application.

 

Liquid Blu has been working on the broader development and is aware of the site, one of their specialties is Aquatic Centre redevelopment.  Council has appointed this company to undertake the design for the new Pool. Council will have discussions and obtain feedback with the key stakeholders on the proposed design as part of the process.

 

It should be noted that essentially the pool and grandstand will rebuilt generally in their current location whilst attempting to ensure that there is still capacity to put other facilities on the site in future years. This could include a basketball court; a hydrotherapy pool or other amenities that will enhance the use of the site.

 

As the pool design progresses the following issues will also need to be addressed:-

·     New sustainability measures for both the Pool and the Grandstand – including solar installations and pumps and motors with variable speed drive pumps

·     Addition of an additional lane for greater capacity

·     Assessment of the placement of new plant rooms and possibly the relocation of toilet and change facilities

·     Assessment of new starting blocks and timing equipment for the Pool

·     Purchase of new filtration equipment for the Pool

 

Temporary Grandstand

 

The 50 metre Pool and Grandstand is heavily used by school children from Lane Cove and more broadly.  One of the attractions of the Centre is that there is a Grandstand for school carnivals.

 

Seven of the lower levels of the grandstand can still be used for carnival seating, with seating for approximately 300 children. A temporary grandstand with a capacity of 300 seats has been erected which will stay in place until mid-March 2019.

 

Project Timetable

 

The key elements of the project are design, approvals, procurement, demolition, construction and commissioning and at this stage there is not enough accurate information available to determine the project timeframes.

 

As outlined earlier, the design process has commenced including Geotechnical explorations. It is clear the Grandstand will require a Development Application to be lodged and approved. Staff have sought legal advice if the Pool could be built under the State Environmental Planning Policy (Infrastructure) 2007. The SEPP is designed to assist in fast-tracking Infrastructure projects and as such no Development Application would be required.

 

To reduce the overall program it is proposed to utilise an external Project Manager, who will co-ordinate the procurement process (Tender) in parallel with the approval process. They would also supervise the construction.

 

Youth Centre

 

At this time it is anticipated that the Youth Centre will stay in their current location until the Grandstand is demolished and then will need to be temporarily relocated, potentially to the old Centre House cottage.

 

Conclusion

 

Council is working to fast-track the replacement of the Grandstand and the 50 Metre Pool. It will use the combined services of two architectural firms, Team 2 for the Grandstand and Liquid Blu for the 50 metre Pool to produce an integrated design, which will have regard to feedback from key stakeholders.

 

Council will engaging an external Project Manager to ‘fast-track’ the projects to ensure disruption to the availability of the facilities for the community is minimised.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 3 December 2018

Lane Cove Guiding Stars

 

 

Subject:          Lane Cove Guiding Stars    

Record No:    SU7124 - 73896/18

Division:         Human Services Division

Author(s):      Corinne Hitchenson 

 

 

Executive Summary

 

Council has commissioned a number of Lane Cove and Sydney-based artists working across a variety of mediums to create a series of bold, three-dimensional star inspired sculptures using electronic waste (e-waste) materials.  ‘Lane Cove’s Guiding Stars’ will be displayed in Lane Cove village this December to encourage residents to think twice about the amount of e-waste generated through Christmas gift-giving.

 

Background

 

Council staff identified a unique opportunity to creatively communicate the issue of e-waste to the community in a positive and enjoyable format this Christmas.  Following an expression of interest phase, Council commissioned six (6) artworks from a mix of local and Sydney-based artists. The brief was for each artwork to encourage residents to think twice about the amount of e-waste generated through Christmas gift-giving.

 

The commissioned artists Matt McLarty, Sally McKay, Stephanie Powell and Anne Marie Cummins have completed a total of six (6) artworks which will be on display at various locations in Lane Cove Village throughout December. The locations of each artwork will be announced via Council’s website in the first week of December. 

 

This project is part of Council’s Christmas program and was made possible by funding from Council’s Sustainability Levy. The project allowed for six artworks to be commissioned as well as budgeting for the installation and promotion of the works.

 

Discussion

 

The six (6) works will be installed around Lane Cove Village and will be accompanied by interpretive signage. This signage will link back to online content outlining the artists’ statements and sustainability resources. Online content will increase the reach of the project beyond the physical spaces where they are hung.

As public art, the installation will provide families with an opportunity to enjoy the works in their own time, rather than at a one-off event, helping to increase the number of people that are able to experience the project.  On site, the Guiding Stars will help to bring vibrancy to Lane Cove Village during the prime Christmas shopping period, complementing festive foot traffic for those shopping locally.  These works will be displayed again in future years over the festive period.

 

Two of the works currently being prepared for installation are pictured overleaf.

 

 

 

Artwork One: Completed by Matt McLarty           Artwork Two: Completed by Stephanie Powell

 

Conclusion

 

Six ‘Guiding Stars’ artworks made from e-waste will be installed in Lane Cove Village this December to help residents think twice about the amount of e-waste generated at Christmas.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.

 


 

Ordinary Council Meeting 10 December 2018

Plaza Anniversary - Heritage and Culture Award

 

 

Subject:          Plaza Anniversary - Heritage and Culture Award     

Record No:    SU4985 - 73988/18

Division:         Human Services Division

Author(s):      Corinne Hitchenson 

 

 

Executive Summary

 

In October 2018 Council’s Manager – Communications and Events attended the Sustainable Cities Awards presented by Keep Australia Beautiful NSW.  At the Awards Council received a Highly Commended Award in the Heritage and Culture section for the activities surrounding the Plaza’s 40th Anniversary celebrations in 2017.

 

Discussion

 

The annual Sustainable Cities Awards recognise, celebrate and reward the sustainability initiatives of NSW metropolitan councils, businesses and community groups.  Following the significant celebration of Lane Cove Plaza’s 40th Anniversary in November 2017, Council put forward an entry in the category Heritage and Culture Award.  This category is for community projects that enhance and protect our unique and built heritage, including celebration of a regions heritage.

 

Council provided a range of opportunities for the community to reflect on the Plaza’s role in the community through a commemoration publication, pictorial display, dedicated website page, footage of the original opening, installation of a large heart in the centre of the Plaza as well as a commemorative Plaza pin.

 

The Award received for ‘Lane Cove Plaza – The Heart of Lane Cove Since 1977’ recognises the importance of celebrating our heritage.

 

Conclusion

 

Council is a proud recipient of the Highly Commenced Heritage and Culture Award in the 2018 Keep Australia Beautiful NSW Awards.

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

Jane Gornall

Executive Manager - Human Services

Human Services Division

 

 

ATTACHMENTS:

AT‑1View

Heritage and Culture Award KAB NSW Sustainable Cities Awards 2018 Plaza Anniversary

1 Page

 

 

 


 

Ordinary Council Meeting 10 December 2018

Exhibition of Medium Density Code Planning Proposal

 

 

Subject:          Exhibition of Medium Density Code Planning Proposal    

Record No:    SU7247 - 74264/18

Division:         Environmental Services Division

Author(s):      Christopher Pelcz; Terry Tredrea; Anthony Crichton 

 

 

Executive Summary

 

The purpose of this report is to update the community on the progress of Council’s Planning Proposal to prohibit ‘multi-dwelling housing’ in the R2 Low Density Residential Zone.  Council had previously resolved to seek a deferral from the new Medium Density Housing Code and Design Guide and following consideration of the potential un-intended planning implications of this new Code resolved to submit a Planning Proposal to remove the land use ‘multi-dwelling housing’ from its R2 Low Density Residential Zone and all supporting controls. The objective of R2 Zoning is to protect the locality’s single dwelling character and landscape setting.

 

Both the deferral (AT-1) and Gateway Determination (AT-2) were granted by NSW Planning and Environment, subject to conditions. Council responded to these conditions (AT-3) and has now been granted approval (AT-4) to publicly exhibit this Planning Proposal.  The Planning Proposal and its supporting documents are on public exhibition from Thursday 29 November 2018 to Wednesday 13 February 2019.

 

Background

 

NSW State Government adopted a Medium Density Housing Code and Low Rise Medium Density Design Guide in March 2018. The code made changes to the Exempt and Complying Development codes.  While the guide provides planning and design standards, most of these supersede Council’s existing planning controls. As a result, Council originally resolved to seek a deferral from the operation of this Code at the Ordinary April 2018 meeting. The request was submitted to NSW Planning and Environment following the meeting and a deferral was granted in July 2018 (see AT-1) which is valid until July 2019.

 

Following further consideration of the unintended planning consequences of this new Code, Council resolved at its Extraordinary May 2018 Council meeting to submit a Planning Proposal to remove the land use ‘multi-dwelling housing’ and its supporting controls from the R2 Low Density Residential Zone. A Gateway Determination for this Proposal was received in July 2018 subject to a number of conditions being addressed prior to exhibition (see AT-2). 

 

Discussion

 

Council was required to provide the following information before public exhibition of this Planning Proposal could begin:-

1.   The planning proposal is to be updated to:-

a)   Provide a quantitative analysis to assess the impacts of the proposal on housing diversity and supply as follows:

i)          The total area of land currently zoned R2 Low Density Residential and R3 Medium Density Residential in the local government area;

ii)         The number of lots eligible for manor houses/multi-dwelling housing under the Low Rise Medium Density Code in the R2 Low Density Residential and R3 Medium Density Residential zones, taking into account SEPP exclusions; and

iii)         the number of multi-dwelling housing and dual-occupancy developments approved in the R2 Low Density Residential and R3 Medium Density Residential in the local area in the last five years;

b)   Explain whether the proposal is supported by a housing strategy that has been developed in consultation with the community; and

c)   Include the proposed map amendments”.

 

Council’s response (AT-3) was then forwarded to the Department for review and approval on 30 October 2018. It addressed all the criteria mentioned above, including the map amendments.

 

In November 2018, NSW Planning and Environment confirmed that the amended Planning Proposal is now suitable for public exhibition (see AT-4). This has now commenced and the exhibition period will be from Thursday 29 November 2018 until Wednesday 13 February 2019.

 

It is important to note that the deferral of the Medium Density Housing Code and Guide is only valid until 1 July 2019. Therefore the Gateway Determination has specifically conditioned that this entire amendment must be completed and gazetted before 1 July 2019.

 

Community Consultation

 

Statement of Intent

 

The consultation is designed to provide the public and key stakeholders with an opportunity to comment on a Planning Proposal to prohibit the land use ‘multi-dwelling housing’ in the R2 Low Density Residential Zone.

 

Method

  

Level of Participation

Inform

Inform

Consult

Form of Participation

Open

Targeted

Open

Target Audience

Lane Cove Community and Community Groups

Property Owners in the R2 zones

 

Lane Cove Community

Proposed Medium

Advertisement and eNewsletter

Notification Letters

Public Exhibition, Website Exhibition

Indicative Timing

8 weeks*

8 weeks*

8 weeks*

 

*Under the NSW Environmental Planning and Assessment Act, the period between 20 December and 10 January is excluded from the calculation of a period of public exhibition.

 

Conclusion

 

Council was successful in receiving a deferral from the operation of the new Medium Density Housing Code given the unintended planning consequences that would have potentially been created by the Code.  Following approval from NSW Planning and Environment to publicly exhibit its Planning Proposal, Council has commenced the consultation process which runs from Thursday 29 November 2018 to Wednesday 13 February 2019. A post-consultation report on this Planning Proposal will be prepared in the first quarter of 2019.

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Michael Mason

Executive Manager

Environmental Services Division

 

 

ATTACHMENTS:

AT‑1View

Deferral of Low Rise Medium Density Housing Code

1 Page

 

AT‑2View

Gateway Determination

4 Pages

 

AT‑3View

Response to Gateway Conditions

5 Pages

 

AT‑4View

Approval to Exhibit

1 Page

 

 

 


 

Ordinary Council Meeting 3 December 2018

Engineering Excellence Award

 

 

Subject:          Engineering Excellence Award    

Record No:    SU1326 - 74663/18

Division:         Open Space and Urban Services Division

Author(s):      Valerie  Stamper 

 

 

Executive Summary

 

Council has participated in the road safety calendar for the past 13 years which was recently submitted to the IPWEA (Institute of Public Works Engineering Australia) for the Local Government Excellence in Road Safety Award.  The 2018 Road Safety Calendar which is a collaboration between Road Safety Officers from seven (7) local councils across the Northern Sydney region won the above award.

 

Background

 

The Road Safety calendar was first produced in 2001 by the Northern Beaches Council. In 2008 Northern Beaches and the Northern Sydney Group of councils decided to collaborate and create one regional calendar. The councils involved are Hornsby Shire, Ku-ring-gai, Lane Cove, North Sydney, Northern Beaches, City of Ryde and Willoughby.

 

For 13 years the calendar was titled the ‘Seniors Road Safety Calendar’ and successfully raised awareness amongst senior pedestrians and drivers. Although seniors remain a target audience, in 2016, the decision was made to expand the audience to include road users of all ages (this decision was based on feedback from the community).

 

Whilst the format of the calendar has remained consistent, the style and design has changed to better engage an increasing and more diverse target audience. Initially the calendar contained photographs of local seniors relating to the month’s specific road safety topic, this then evolved into sourcing historical photos from the Northern Sydney region. Currently the road safety content uses graphics and illustrations.

 

With councils partnering together to create the Road Safety calendar, this helps to ensure that the project is sustainable and combines knowledge and creative thinking to develop a product that continues to evolve, expand and improve each year. The co-operation between councils is also beneficial to the cost effectiveness of the project, since the pooling of funds ensures the maximum number of calendars which can be printed, thus increasing the capacity to reach a wider audience.

 

Discussion

 

There are four (4) objectives aligned to producing the Road Safety calendar:-

1.   Raise awareness of current road safety issues in an effective and positive way;

2.   Contribute to the reduction of casualties and crashes involving road users across the Northern Sydney area;

3.   Further enhance and develop Council’s road safety presence in the community; and

4.   Continue to provide current, concise and relevant road safety information, responsive to the needs expressed by the community

 


 

The Road Safety calendar has become a well known resource and is very popular in the community. Since 2015 a formal survey has been included in the calendars every two (2) years (online and/or paper).  Surveys are collated and reviewed. Capturing this information assists the team in making informed decisions about potential future content.

 

The 2017 survey results showed that while a large proportion of respondents were 60 years and over, an increasing number of people in the 35 – 60 years demographic are using the calendar. 85% of respondents agreed that the calendar made them stop and think about their  behaviour towards other road users. 83% agreed the calendar encouraged them to be more courteous towards other road users and 89% believed the calendar is a valuable tool in helping create and increase road safety awareness within the community.

 

In 2018, 34,000 copies of the calendar were printed and distributed throughout Northern Sydney. This is the largest amount in the history of the initiative. The Northern Sydney councils have over 170 distribution points which include hospitals, libraries, council customer service centres, community centres, retirement villages, community groups etc.

 

Conclusion

 

Having continued financial and management support from Council will allow the Road Safety Officer to deliver road safety projects that provide educational value to the local community. The Road Safety calendar initiative is a product which effectively delivers important road safety messages.

 

 

 

 

RECOMMENDATION

 

That the report be received and noted.

 

 

 

 

 

 

Martin Terescenko

Executive Manager - Open Space and Urban Services

Open Space and Urban Services Division

 

 

ATTACHMENTS:

There are no supporting documents for this report.