Committee of the Whole - City of Ryde · 3/16/2010 · and Services Group) as well as the...

Committee of the Whole

AGENDA NO. 4/10

Meeting Date: Tuesday 16 March 2010 Location: Committee Room 2, Level 5, Civic Centre, 1 Devlin Street, Ryde Time: 7.30pm Note: This meeting will be recorded on audio tape for minute-taking purposes

as authorised by the Local Government Act 1993.

NOTICE OF BUSINESS Item CONFIRMATION OF MINUTES ...................................................................... 1 2 MOTIONS PUT WITHOUT DEBATE ............................................................... 2 3 213-217 MORRISON RD, PUTNEY. Lot 2 DP 615158. - Local

Development Application for relocation of existing advertising sign and associated lighting. LDA2009/0376.................................................................. 3

4 14 WOORANG STREET, EASTWOOD. Lot 20 DP 13212. - Local Development Application for Demolition of structures, 3 lot land subdivision, erection of 2 storey dwelling on each lot, construction of swimming pool on proposed Lot 2. LDA2009/0515. ....................................... 13

5 ABORIGINAL HERITAGE OFFICE PARTNERSHIP...................................... 72 6 ADOPTION OF MACQUARIE PARK PEDESTRIAN MOVEMENT

STUDY AND PROPOSED PEDESTRIAN STRUCTURE PLAN .................... 77 7 RYDE HUNTERS HILL COMMUNITY HOUSING COOPERATIVE -

Board membership ....................................................................................... 106 8 SKATE FACILITIES ACROSS THE CITY OF RYDE ................................... 110 9 LOCAL GOVERNMENT MANAGERS AUSTRALIA NATIONAL

CONGRESS................................................................................................. 124

Committee of the Whole Page 1

Agenda of the Committee of the Whole Report No. 4/10, dated Tuesday 16 March 2010.

1 CONFIRMATION OF MINUTES

File Number: GRP/10/3/001/3 - BP10/109

RECOMMENDATION: That the Minutes of the Committee of the Whole No. 03/10 held on 02 March 2010, be confirmed.



2 MOTIONS PUT WITHOUT DEBATE

File Number: GRP/10/3/001/3 - BP10/110

In accordance with Council’s Code of Meeting Practice, Council can determine those matters on the agenda that can be adopted without the need for any discussion. RECOMMENDATION: THAT the recommendations in respect of items 3 to 9 inclusive, as submitted to Committee of the Whole Meeting 04/10, be adopted with the exception of items as determined by the Council.



3 213-217 MORRISON RD, PUTNEY. Lot 2 DP 615158. - Local Development Application for relocation of existing advertising sign and associated lighting. LDA2009/0376.

Report prepared by: Acting Team Leader - Assessment Report approved by: Group Manager Environment & Planning Report dated: 5/03/2010 File Number: GRP/10/4/001/3 - BP10/99

Report Summary Council would recall giving consideration to a proposal for re-location of existing advertising sign and associated lighting. The previous report is CIRCULATED UNDER SEPARATE COVER. At the Ordinary Meeting of 9 February 2010, Council resolved to defer consideration of the Development Application to allow for further discussion between Council officers and the applicant, APN Outdoor. As a result of a meeting between Council officers and the applicant on 24 February 2010, the proposal has been amended by removing the illumination of the proposed sign. The applicant has also confirmed the sign projects from the wall by 300mm and the purposes of the design are:

• to improve occupational health and safety issues associated with the changing of the advertising skin,

• to allow for the use of vinyl advertising skins, and • to allow for the use of advertising skins that are made of recycled and

biodegradable materials as these products become available in the future. In addition, the applicant has noted that the proposal complies with the requirement to move the sign up the wall to a height of 2.6m above footpath level. This report is referred back to Council’s Committee of the Whole to enable Council to determine the Development Application. RECOMMENDATION: (a) That Council formally resolve to grant owner’s consent to the lodgement of the

subject Development Application, which is required because the proposal involves the use of the airspace over Council’s footpath.

(b) That Local Development Application No. LDA2009/376 at 213-217 Morrison

Road Putney being Lot 2 DP 615158 be approved as a “Deferred Commencement” consent subject to the following conditions:

Part 1 – Conditions Relating to a Deferred Commencement Consent pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979

Committee of the Whole Page 4 ITEM 3 (continued)


1. The owner of the sign shall enter into a lease agreement/licence with Council

in regard to the use of the airspace over Council’s footpath (adjacent to No 213-217 Morrison Road Putney). Enquiries regarding this requirement can be directed to Council’s Property Manager – Buildings and Property on 9952 8222.

Documentary evidence of the finalised and signed lease agreement/licence shall be submitted prior to Part 2 of this consent (below) becoming operational. The following requirements shall apply upon satisfactory completion of the requirements outlined in Part 1 of this consent (above). Part 2 – General Conditions of Consent GENERAL

1. Development is to be carried out in accordance with the Plans Job No

23497 Plan No 01-02 as amended by any other condition of this consent.

2. The advertising sign is not to be illuminated. The proposed new linear flare lights with supporting arms are not approved and are excluded from this consent.

3. Compliance with the Building Code of Australia

a) All building work (other than work relating to the temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date of the application for the relevant construction certificate or complying development certificate was made)

b) This clause does not apply to the extent to which an exemption is in

force under clause 187 or 188, in the Environmental Planning and Assessment Regulations 2000, subject to any terms of any condition or requirement referred to in Clause 187(6) or 188(4).

4. Prior to commencing any construction works, the following provisions of

the Environmental Planning and Assessment Amendment Act, 1997 are to be complied with:

a) A Construction Certificate is to be obtained in accordance with

Section 81A (2)(a) of the Act. b) A Principal Certifying Authority is to be appointed and Council is to be

notified of the appointment in accordance with Section 81A (2)(b) of the Act and Form 7 of Schedule 1 to the Regulations.

c) Council is to be notified at least two (2) days prior to the intention to commence building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Regulations.



5. The applicant may apply to the Council or an accredited certifier for the

issuing of a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s.

Council Officers can provide these services and further information can be obtained from Council by telephoning 9952 8222 (Customer Service).

6. All advertising signs are to be displayed in the English language but may

include a translation into another language using letters or characters that are no larger than the English language letters or characters.

Any translated message must be accurate and complete.

No amendment to the size of a sign will be permitted to allow for both the English and translated language to be displayed.

7. Protection of Public Places

a) If the work involved in the erection or demolition of a building is likely to

cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

b) If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

c) The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

d) Any such hoarding, fence or awning is to be removed when the work has been completed.

8. The applicant is advised that any erection of signs on advertising

structures not indicated on the development consent plans requires the submission of a new development application to Council.

9. The sign is not to contain any of the following:

a. Any method of illumination; b. Electronically changeable messages; c. Animated display, moving parts or simulated movement; d. Complex displays that hold a drivers attention beyond ‘glance

appreciation’; and e. Displays resembling traffic signs or signals.



PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

10. A security deposit (category: other building with no delivery of bricks or

concrete or machine excavation) is to be paid to Council (Public Works and Services Group) as well as the Infrastructure Restoration and Administration Fee. Please refer to Council's Management Plan for the current fee amounts.

11. An Enforcement levy is to be paid to Council on lodgement of the Construction Certificate application in accordance with the requirements of Council’s Management Plan (scheduled fees).

12. Documentary evidence of compliance with Conditions 10 - 11 to the satisfaction of Council or an accredited certifier is to be submitted to the Council prior to the issuing of the Construction Certificate.

13. Certification is to be provided with the Construction Certificate by a Structural Engineer that the proposed method of anchorage of the signs is structurally adequate having regard to their size, type and location.

DURING CONSTRUCTION

14. The occasions on which building work must be inspected are:

a) after excavation for, and before the placement of, any footings. b) prior to covering any stormwater drainage connections, and c) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building. Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request. Prior to occupation of the building, an occupation certificate must be obtained. Prior to the issue of the occupation certificate, the critical stage inspections must be carried out.

15. In addition to the above stated inspections, the Principal Certifying Authority is required to ensure that adequate provisions are made for the following measures at each stage of construction, to ensure compliance with the approval and City of Ryde's DCP 2006, Part 8.1 - “Construction Activities”:

a) Sediment control measures. b) Tree Preservation and protection measures. c) Security fencing.



d) Materials or waste containers upon the footway or road. e) PCA and principal contractor (the coordinator of the building work)

signage and site toilets.

16. Council recommends that a Registered Surveyors check survey certificate be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) detailing compliance with Council’s approval at the following stages:

a) Prior to construction of the first completed floor/floor slab showing the

area of the land, proposed building and the boundary setbacks. b) Prior to construction of the first completed floor/floor slab showing the

area of the land, proposed building and the boundary setbacks and verifying that the proposed building is being constructed to the approved levels.

c) Prior to construction of each floor level showing the area of the land, proposed building and the boundary setbacks and verifying that the proposed building is being constructed to the approved levels.

d) On completion of the proposed building showing the area of the land, completed building and the boundary setbacks.

17. The L10 noise level measured for a period of not less than 15 minutes

while demolition and construction work is in progress must not exceed the background noise level by more than 20 dB(A) at the nearest affected residential premises.

18. All excavated material must be removed from the site. No fill is to be

placed above the natural ground level.

19. All demolition and all construction and associated work is to be restricted to between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.

20. No spoil, stockpiles, building or demolition material is to be placed on any public road, footpath, park or Council owned land.

21. Site toilets shall be provided in accordance with the WorkCover Code of Practice entitled “Amenities for Construction Work”.

22. At all times work is being undertaken within a public road adequate precautions shall be taken to warn, instruct and guide road users safely around the work site. Traffic control devices shall satisfy the minimum standards outlined in AS1742.3-1996 “Traffic Control Devices for Work on Roads”.



ATTACHMENTS 1 Letter from JG Service Pty Ltd Report Prepared By: Paul Mills Acting Team Leader - Assessment Report Approved By: Dominic Johnson Group Manager Environment & Planning



Background The previous report to the Planning & Environment Committee meeting of 2 February 2010 is CIRCULATED UNDER SEPARATE COVER, and gives details of the processing of the DA up until that time. The application was subsequently referred to Council and considered at its meeting held on 9 February 2010. At that meeting Council resolved as follows: “That the matter be deferred for further discussion with the Council officers and the applicant, APN”. Meeting with applicant A meeting between Council officers (Group Manager - Environment and Planning and Team Leader - Assessment) and representatives for the applicant (APN Outdoor) was held at the Council’s offices on 24 February 2010. The concerns of Council raised at the meeting were the illumination of the sign, and the projection of the sign out from the wall. The applicant agreed to respond in writing to the issues raised at the meeting. Response from applicant Council received a letter from the applicant’s representatives dated 26 February 2010 in response to the matters discussed at the meeting (Copy of the letter from JG Service Pty Ltd attached). In relation to the illumination of the sign APN has decided to amend the application by removing the proposed illumination of the sign. The applicant also confirmed the sign projects from the wall by 300mm and that the purposes of the design are to:

• improve occupational health and safety issues associated with the changing of the advertising skin,

• allow for the use of vinyl advertising skins; and, • allow for the use of advertising skins that are made of recycled and

biodegradable materials as these products become available in the future.

The applicant has noted that the proposal complies with the requirement to move the sign up the wall to a height of 2.6m above footpath level to provide a clearance above the footpath and public seat. APN also confirmed that they were prepared to accept all of Council’s previous conditions of consent and confirmed their intention to seek an airspace licence from Council if development consent is granted.



Conclusion The meeting has resulted in amendments to the proposal that are considered to be satisfactory. It is therefore recommended that Council approves the DA in accordance with the recommendation below. Conditions 2 and 9 will ensure compliance with the agreed outcome, that is no illumination. Condition 1 (Deferred Commencement) requires a lease agreement for the use of the airspace prior to the consent becoming operational.

Committee of the Whole Page 11 ITEM 3 (continued) ATTACHMENT 1




4 14 WOORANG STREET, EASTWOOD. Lot 20 DP 13212. - Local Development Application for Demolition of structures, 3 lot land subdivision, erection of 2 storey dwelling on each lot, construction of swimming pool on proposed Lot 2. LDA2009/0515.

Report prepared by: Consultant Planner Report approved by: Manager Assessment; Group Manager Environment &

Planning Report dated: 26 February 2010 File Number: GRP/10/4/001/3 -

BP10/87

1. Report Summary

Applicant: Debonnaire Designz. Owner: S F Zraika, M Zraika. Date lodged: 14 September 2009 (additional information 23 February 2010)

The proposed development involves:

• Demolition of the existing dwelling and related structures; • Subdivision of the land into 3 allotments (2 dwelling size allotments and a

small road widening allotment); • Erection of a two-storey dwelling on each proposed residential allotment (with

a swimming pool (lap pool) on proposed lot 2). The subject land is affected by a Roads and Traffic Authority (RTA) road reservation for future road widening at the front of the site. The required road widening is approximately 5.31m wide. This parcel of land comprises the third allotment in the proposed development. The proposal has been assessed in terms of the minimum lot size requirements in the Ryde Planning Scheme Ordinance (RPSO) (for the subdivision component of the development) and the Dwelling Houses and Duplex Buildings DCP (for the two new dwellings). The two proposed residential allotments in the subdivision do not comply with the minimum lot size prescribed in the RPSO. After the RTA road widening affectation is deducted from the area of land available for subdivision, the two proposed allotments will have a site area of 501.9m2 each. The minimum allotment size prescribed in the RPSO is 580m2; therefore the proposal involves a 13.5% variation to the minimum lot size. However, if the road widening was not implemented, as is likely, the proposed residential allotments comply with the relevant lot sizes as contained in the RPSO. The dwelling houses proposed for each residential allotment have been assessed according to the Dwelling Houses and Duplex Buildings DCP, and there are some relatively minor areas of non-compliance with the DCP including landscaping requirements for dwelling 2. However, due to the small degree of departure from the DCP standards, it is considered that these issues are not in themselves fatal to the application and could be resolved by conditions of consent.



The proposal has been notified and advertised in accordance with Council’s Neighbour Notification DCP (Part 2.1 DCP 2006) and no submissions were received. The proposal is recommended for approval, subject to conditions. Reason for Referral to Planning and Environment Committee: Requested by Councillor O’Donnell. SEPP1 Objection received: Yes – 13.5% variation to clause 41B(2)(a)(i) of the Ryde Planning Scheme Ordinance and clause 46 (1) – minimum allotment size for erection of dwelling house. Value of works: $750,000 RECOMMENDATION: (a) That Council, as the consent authority, grant consent to Local Development

Application No. 2009/515 at 14 Woorang Street, Eastwood, for demolition of existing structures, subdivision into three lots, being two residential allotments and one road widening allotment and the construction of a two-storey dwelling on each residential allotment, subject to the following conditions:

GENERAL 1. Development is to be carried in accordance with the following drawings:

(a) Architectural drawings prepared by De Bonnaire Designz and support

information submitted to Council:

Description Drawing No. Date Issue Subdivision Plan DA-01C 339/09 November 09 C Site Plan, Roof Plan DA-02C 339/09 November 09 C Details Dwelling 1 DA-03C 339/09 November 09 C Details Dwelling 2 DA-04C 339/09 November 09 C

(b) Landscape Plan prepared by Landscape Inform dated 20 July 2009 and

containing drawing number ZRAIKA09.

(c) Stormwater Concept Plan prepared by GEC Consulting Group Pty Ltd dated 6 December 2009 and bearing the Drawing No. SW01 and SW02.



2. Compliance with the Building Code of Australia

All building work (other than work relating to the temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date of the application for the relevant construction certificate or complying development certificate was made).

3. Full compliance with the provisions of BASIX Certificate Nos. 260920S dated 5

September 2009 and 269848S dated 5 September 2009. Any architectural and/or fixture changes to the development will require the submission of a new BASIX certificate. Please note that modifications may require the submission of a Section 96 application in accordance with the Environmental Planning & Assessment Act.

4. Design and Construction Standards. All engineering plans and work shall be

carried out in accordance with the requirements as outlined within Council’s publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions.

5. Service Alterations. All mains, services, poles, etc., which require alteration

shall be altered at the applicant’s expense.

6. Restoration. Public areas must be maintained in a safe condition at all times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment. Restoration of any disused gutter crossings will be carried out by Council following receipt of the relevant payment.

7. Road Opening Permit. The applicant shall apply for a road-opening permit

where a new pipeline is proposed to be constructed within or across the footpath. Additional road opening permits and fees may be necessary where there are connections to public utility services (e.g. telephone, electricity, sewer, water or gas) are required within the road reserve. No drainage work shall be carried out on the footpath without this permit being paid and a copy kept on the site.

8. Prior to the approval of any Construction Certificate for the erection of the

dwellings and pool on proposed lots 1 and 2, the subdivision of the site is to be registered at the Land Titles Office.

9. Prior to commencing any construction works, the following provisions of the

Environmental Planning and Assessment Amendment Act, 1997 are to be complied with:



a) A Construction Certificate is to be obtained in accordance with

Section 81A (2)(a) of the Act. b) A Principal Certifying Authority is to be appointed and Council is to be

notified of the appointment in accordance with Section 81A (2)(b) of the Act and Form 7 of Schedule 1 to the Regulations.

c) Council is to be notified at least two (2) days prior to the intention to commence building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Regulations.

10. The applicant may apply to the Council or an accredited certifier for the issuing

of a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s.

Council Officers can provide these services, and further information can be obtained from Council by telephoning 9952 8222 (Customer Service).

11. Excavations and backfilling

(a) All excavations and backfill associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

(b) All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.

12. Retaining walls and drainage

If the soil conditions require it: (a) retaining walls associated with the erection or demolition of a building or

other approved methods of preventing movement of the soil must be provided.

(b) adequate provision must be made for drainage.

13. Support for neighbouring buildings

If the soil conditions require it: (a) If an excavation associated with the erection or demolition of a building

extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made: i) must preserve and protect the building from damage, and ii) if necessary, must underpin and support the building in an approved

manner, and



iii) must at least 7 days before excavating below the level of the base

of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

(b) The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on an adjoining allotment of land.

(c) In this clause, “allotment of land” includes a public road and any other public place.

14. Protection of Public Places

a) If the work involved in the erection or demolition of a building is likely to

cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

b) If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

c) The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

d) Any such hoarding, fence or awning is to be removed when the work has been completed.

PRIOR TO CONSTRUCTION CERTIFICATE FOR SUBDIVISION 15. Inter-allotment Drainage. To ensure stormwater runoff from the proposed Lot

2 can be piped via gravity to Council’s existing drainage network that traverses through Lot 1, the applicant shall at their own expense, design and construct an inter-allotment drainage system. The inter-allotment drainage system shall be contained wholly with a 1.0m wide drainage easement and designed for the 1 in 100 year, 5 minute storm event by a qualified and experienced Civil Engineer in accordance with City Of Ryde- Development Control Plan 2006, Part 8.2: Stormwater Management.

Engineering Plans and supporting calculations shall be submitted with the Construction Certificate Application.



16. A contribution for the services in Column A and for the amount in Column B

shall be made to Council prior to the issue of the Construction Certificate for Subdivision.

Column A Column B ($) Community & Cultural Facilities 3,774.86 Open Space & Recreation Facilities 9,292.91 Civic & Urban Improvements 3,160.60 Roads & Traffic Management Facilities 431.04 Cycleways 269.30 Stormwater Management Facilities 855.66 Plan Administration 72.61 The total contribution is 17,856.97

This contribution is a contribution under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in Section 94 Development Contributions Plan 2007 adopted by City of Ryde on 11/12/2007.

The above amount, if not paid within the quarter that the consent is granted, shall be adjusted for inflation by reference to the Consumer Price Index published by the Australian Bureau of Statistics (Catalogue No 5206.0) on the basis of the contribution rates that are applicable at time of payment.

17. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be

obtained from Sydney Water Corporation.

Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building, Development and Plumbing section of the website at www.sydneywater.com.au then refer to "Water Servicing Coordinator" under "Developing Your Land" or telephone 13 20 92 for assistance. Following application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it may take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design. A copy of Sydney Water's Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development / release of the plan of subdivision.



18. A security deposit (category: dwelling houses with delivery of bricks or concrete

or machine excavation) is to be paid to Council prior to the issue of a construction certificate for subdivision (Public Works and Services Group) as well as the Infrastructure Restoration and Administration Fee. Please refer to Council's Management Plan for the current fee amounts.

19. An Enforcement levy is to be paid to Council prior to the issue of a

Construction Certificate for subdivision in accordance with the requirements of Council’s Management Plan (scheduled fees).

PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE 20. Registration of easements. The registration of all necessary easements as

required to ensure all proposed lots will have legal access to all utility services, inter-allotment drainage and vehicular access. Certification shall be obtained from a registered surveyor confirming the above requirement will be met upon registration of the linen plan at the Lands and Property Information Office.

21. Demolition. The demolition of the existing buildings and structures on site with

all disturbed areas being restored with topsoil and turf to prevent erosion is to occur prior to the issue of a Subdivision Certificate.

22. Provision of Services. To ensure satisfactory effluent disposal and utility

services are available to all proposed lot, the applicant is require to submit to Council with the application for Subdivision Certificate certificates from the following public authority:

i. S73 Certificate from Sydney Water indicating reticulated sewer has been made available to each lot

ii. Integral Energy indicating satisfactory arrangements have been made for the provision of aerial/underground electricity supply to each lot

iii. A telecommunication service provider stating that satisfactory arrangements have been made for the provision of aerial/underground telephone services to each lot

23. Positive Covenant regarding road widening. To ensure that the area of land

required for road widening remains available for such purpose, a Positive Covenant under Section 88E of the Conveyancing Act 1919, shall be created and registered on the subject land requiring the proprietors of proposed Lots 1 and 2 to ensure that:

(a) no structures/buildings are erected on the allotment designated for road

widening; (b) the land in front of proposed Lots 1 and 2 remains in the ownership of the

respective owners of Lots 1 and 2; and



(c) the land designated for road widening is not sold independently of

proposed Lots 1 and 2 and can only be independently disposed of by way of transfer to the Roads and Traffic Authority if and when required.

24. Please contact Energy Australia’s Local Customer Service Office to obtain

documentary evidence that Energy Australia has been consulted and that their requirements have been met. Energy Australia Building No. 2 Bridge Road (near Sherbrook Road) Hornsby Telephone: 9477 8201 Facsimile: 9477 8295 Postal Address: GPO Box 4009, Sydney NSW 2001 Website Address: www.energy.com.au This information is to be submitted to Council prior to the release of the Subdivision Certificate.

PRIOR TO CONSTRUCTION CERTIFICATE FOR DWELLINGS 25. Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent

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

The consent authority or a private accredited certifier must ensure that a Quick

Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

26. A site works plan must be prepared and submitted with the Construction

Certificate for every demolition, earthworks or building works indicating methods of sediment and pollution control in accordance with Council’s DCP 2006, Part 8.1 – Construction Activities.

27. A site works plan indicating compliance with Council’s DCP 2006, Part 8.1 –

Construction Activities, in relation to: a) sedimentation and pollution controls; b) tree preservation and protection measures; c) security fencing; d) builder’s identification signage and demolition in progress signage; and e) provision of site toilets



to the satisfaction of Council or an accredited certifier is to be submitted to Council with the Construction Certificate.

28. In issuing this approval, Council has relied on the information provided by you

about the siting of the building/structure on the allotment. If this information is incorrect, it is your responsibility to correct the errors. It may be advisable to undertake a land survey prior to commencing any works.

29. Dial 1100 Before You Dig’

Underground pipes and cables may exist in the area. In your own interest and for safety, telephone 1100 before excavating or erecting structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au.

If alterations are required to the configuration, size, form or design of the development upon contacting the Dial Before You Dig service, an amendment to the Development Consent (or a new development application) may be necessary. Council’s Assessment Officer should be consulted prior to the lodgment of an application for a Construction Certificate if this is the case.

30. Drainage Security Deposit. The applicant shall lodge with Council a security

deposit of $1,000 prior to the issue of the Construction Certificate to ensure the Positive Covenant has been prepared, lodged and registered and that the onsite stormwater detention system is constructed in accordance with the approval plans; this includes the correct sediment sump construction and fitting of the orifice plate and debris screen in the outlet control pit. Refund of this security deposit will be made on satisfactory completion of the works and notification to Council of lodgement of the Positive Covenant with the Department of Lands.

31. Driveway Grades. The maximum grade of all internal driveways and vehicular

ramps shall be 1 in 4 and in accordance with the relevant section of AS 2890.1. The maximum change of grade permitted is 1 in 8 (12.5%) for summit grade changes and 1 in 6.7 (15%) for sag grade changes. Any transition grades shall have a minimum length of 2.0m. The driveway design is to incorporate Council’s issued footpath and gutter crossing levels where they are required as a condition of consent.

32. On-Site Stormwater Detention. Stormwater runoff from all impervious areas

shall be collected and piped by gravity flow to a suitable on-site detention system in accordance with City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management. The minimum capacity of the piped drainage system shall be equivalent to the collected runoff from a 20 year average recurrence interval storm event. Overland flow paths are to be provided to convey runoff when the capacity of the piped drainage system is exceeded up to the 100 year average recurrence interval and direct this to the on-site detention system. Runoff which enters the site from upstream properties should



not be redirected in a manner which adversely affects adjoining properties. The gutters, pipes and downpipes shall be designed for the 1 in 100 year, 5 minute storm events.

The system is to be cleaned regularly and maintained to the satisfaction of Ryde City Council.

33. Water Tank First Flush. A first flush mechanism is to be designed and

constructed with the water tank system. Details of the first flush system are to be submitted with the construction certificate application.

34. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan

(ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by the Department of Housing. These devices shall be maintained during the construction works and replaced where considered necessary.

The following details are to be included in drawings accompanying the Erosion and Sediment Control Plan

(a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill (c) Location of all impervious areas (d) Location and design criteria of erosion and sediment control

structures, (e) Location and description of existing vegetation (f) Site access point/s and means of limiting material leaving the site (g) Location of proposed vegetated buffer strips (h) Location of critical areas (drainage lines, water bodies and unstable

slopes) (i) Location of stockpiles (j) Means of diversion of uncontaminated upper catchment around disturbed

areas (k) Procedures for maintenance of erosion and sediment controls (l) Details for any staging of works (m) Details and procedures for dust control.

35. Council Inspections. A Council engineer must inspect the stormwater

connection to the existing Council stormwater pipeline. Council shall be notified when the collar connection has been made to the pipe and an inspection must be made before the property service line is connected to the collar. The property service line must not be connected directly to Council’s pipeline. An inspection fee of $390 shall be paid to Council prior to the issue of the Construction Certificate.



36. A security deposit (category: dwelling houses with delivery of bricks or concrete

or machine excavation) is to be paid to Council (Public Works and Services Group) as well as the Infrastructure Restoration and Administration Fee. Please refer to Council's Management Plan for the current fee amounts.

37. An Enforcement levy is to be paid to Council on lodgement of the

Construction Certificate application in accordance with the requirements of Council’s Management Plan (scheduled fees).

38. Documentary evidence of payment of the Long Service Levy under Section 34

of the Building and Construction Industry Long Service Payments Act 1986 is to be received prior to the issuing of the Construction Certificate.

39. The applicant is to apply to Council, pay the required fee, and have issued

street alignment levels by Council prior to the issue of the Construction Certificate.

40. Documentary evidence of compliance with Conditions 37, 38, 39 and 40 to the

satisfaction of Council or an accredited certifier is to be submitted to the Council prior to the issuing of the Construction Certificate.

41. The floor space ratio of Dwelling 1 shall not exceed 0.5:1. The Construction

Certificate drawings shall detail compliance with this condition, based upon the gross floor area definition contained in the Ryde Planning Scheme Ordinance.

PRIOR TO COMMENCEMENT OF ANY WORKS

42. Sediment control works are to be installed and maintained in accordance with Council’s Development Control Plan 42 for Construction Activities.

43. Signage is to be provided on the site as follows:

a) During the demolition process notices lettered in accordance with AS1319 displaying the words “DANGER - DEMOLITION IN PROGRESS” or a similar message shall be fixed to the security fencing at appropriate places to warn the public.

b) During the entire construction phase signage shall be fixed on site identifying

the PCA and principal contractor (the coordinator of the building work), and providing phone numbers.

44. The Principal Certifying Authority is required to ensure that adequate provisions

are made for the following measures at each stage of construction, to ensure compliance with the approval and City of Ryde's DCP 2006, Part 8.1 - “Construction Activities”:



• Sediment control measures. • Tree Preservation and protection measures. • Security fencing. • Materials or waste containers upon the footway or road. • PCA and principal contractor (the coordinator of the building work)

signage and site toilets.

45. Council is to be notified in writing before work commences - The applicant must notify Council of the following particulars in writing at least seven (7) working days before demolition work commences:

• the name, address, telephone contact details and licence number of the person responsible for carrying out the work; and

• the date the work is due to commence and the expected completion date.

46. Notification of neighbouring residents - At least seven (7) days before

demolition work commences the applicant must notify the occupiers of all neighbouring premises of the date the work is due to commence by placing a written notice in the letter box of each premises.

47. Site security - Security fencing must be provided around the perimeter of the site, and other precautions taken, to prevent unauthorised entry to the site during the demolition and construction period.

48. Warning notices - Notices lettered in accordance with Australian Standard AS 1319-1994 Safety Signs for the Occupational Environment and displaying the words ‘DANGER! DEMOLITION WORK IN PROGRESS’ must be fixed to the security fencing/hoardings at appropriate intervals to warn the public.

49. Additional warning notices in relation to asbestos - Where the work involves the demolition or removal of asbestos products and materials, including asbestos-cement sheeting (ie. fibro), notices lettered in accordance with Australian Standard AS 1319-1994 Safety Signs for the Occupational Environment and displaying the words ‘WARNING! ASBESTOS’ must be fixed to the security fencing/hoardings at appropriate intervals to warn the public.

50. Sediment and Erosion Control. The applicant shall install appropriate sediment control devices in accordance with an approved plan prior to any earthworks being carried out on the site. These devices shall be maintained during the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site.



51. Compliance Certificate. A Compliance Certificate should be obtained

confirming that the constructed erosion and sediment control measures comply with the construction plan and City of Ryde, Development Control Plan 2006: - Part 8.1; Construction Activities

52. Vehicle Footpath Crossings. Concrete footpath crossings shall be constructed at all locations where vehicles cross the footpath, to protect it from damage resulting from the vehicle traffic. The location, design and construction shall conform to the requirements of Council. Crossings are to be constructed in plain reinforced concrete and finished levels shall conform with property alignment levels issued by Council’s Public Works Division. Kerbs shall not be returned to the alignment line. Bridge and pipe crossings will not be permitted.

DURING DEMOLITION

53. In relation to demolition, all work is to be carried out in accordance with the requirements of AS 2601 (The Demolition of Structures).

54. All demolition and all construction and associated work is to be restricted to

between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.

55. Adequate precautions must be taken to control the emission of dust from the

site during demolition and construction work. These precautions could include minimizing soil disturbance, use of water sprays, erecting screens and not carrying out dusty work during windy conditions.

56. All work involving asbestos products and materials, including asbestos-cement

sheeting (i.e. fibro) must be carried out in accordance with the guidelines for asbestos work published by WorkCover New South Wales.

57. All asbestos wastes including used asbestos-cement sheeting (i.e. fibro), must

be disposed of at a landfill facility licensed by the New South Wales Environmental Protection Authority to receive that waste. Copies of the disposal dockets must be kept by the applicant for at least 3 years and be submitted to Council on request.

58. Adequate arrangements must be made for the storage and disposal of

demolition and building waste generated on the premises. In this regard the demolishers and builders are encouraged to maximize the re-use and recycling of materials (e.g. Concrete, bricks, roof tiles, timber, doors, windows, fittings, etc.) by separating these materials from other wastes.



DURING CONSTRUCTION OF SUBDIVISION, DWELLING AND POOL

59. Concrete wastes must be collected, stored and treated in accordance with the Concrete Wastes guide published by the Environment Protection Authority.

60. Only unpolluted water is to be discharged to Council’s stormwater drainage system.

61. The L10 noise level measured for a period of not less than 15 minutes while demolition and construction work is in progress must not exceed the background noise level by more than 20 dB(A) at the nearest affected residential premises.

62. All excavated material must be removed from the site. No fill is to be placed above the natural ground level.

63. No spoil, stockpiles, building or demolition material is to be placed on any public road, footpath, park or Council owned land.

64. Site toilets shall be provided in accordance with the WorkCover Code of Practice entitled “Amenities for Construction Work”.

65. If any changes are made to the waste management plan, a new waste management plan must be submitted to and approved by Council. The new plan must include the types and estimated volumes of waste materials that will be generated; the proposed method of reuse, recycling or disposal; and the name and address of the recycling facility or landfill site if the waste is to be recycled or disposed of off site. Reuse and recycling must be maximised.

66. All demolition and all construction and associated work is to be restricted to between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.

67. Adequate precautions must be taken to control the emission of dust from the site during demolition and construction work. These precautions could include minimizing soil disturbance, use of water sprays, erecting screens and not carrying out dusty work during windy conditions.

68. Design and Construction Standards. All engineering plans and work shall be carried out in accordance with the requirements as outlined within Council’s publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions.



69. Service Alterations. All mains, services, poles, etc., which require alteration

shall be altered at the applicant’s expense.

70. Restoration. Public areas must be maintained in a safe condition at all times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment. Restoration of any disused gutter crossings will be carried out by Council following receipt of the relevant payment.

71. Landscaping. The proposed shrub plantings along the side boundaries shall

utilise plantings that do not exceed 2.7 metres in height. 72. All excavated material must be removed from the site. No fill is to be placed

above the natural ground level. 73. A suitable method of waterproofing is to be used in the construction of the pool. 74. Lighting if installed, around the pool, is to be arranged in such a manner as not

to interfere with the comfort and enjoyment of the neighbourhood. 75. The pool is to be kerbed and/or drained to prevent surface water gaining within

and at each end of the swimming pool. 76. Provide resuscitation chart containing warning “YOUNG CHILDREN SHOULD

BE SUPERVISED WHEN USING THIS POOL” located in the immediate vicinity of the pool area so as to be visible from all areas of the pool.

77. Water depth markers are to be displayed at a prominent position within and at

each end of the swimming pool. 78. The swimming pool shall be connected to the Sydney Water sewer for

discharge of wastewater. 79. Windows opening onto a pool area are to have a restricted opening to 105mm

or be totally protected by a child-safe grille. 80. Doors opening onto pool area are to be protected by:

a) Ensuring that such door(s) open outward, i.e. away from the pool area. b) The installation of a self-closing device that will close the door from ANY

position. c) The installation of a self-latching device at a minimum height of 1.5 metres

from the finished floor level.



d) Ensuring that there are no footholds wider than 10mm on the door or its

frame in the area from the release for the latching device down to 100mm above the floor.

e) Ensuring that there are no provisions for entry/exit for animals (eg “Doggy Doors”)

81. Provide protective swimming pool fencing in accordance with AS1926 and

AS2818. 82. Provide self-closing self-latching gate with latch located 1.5 metres from ground

level, complying with AS1926. 83. Provide depth markers at each end of the pool, in prominent position. 84. Boundary fencing to be minimum height of 1.2 metres complying with AS1926

and AS2818. 85. Side gates to either side of property to open outward ie away from the pool and

be self closing and self latching from ANY OPENED POSITION with a child safe latching device located on the outside of the gate at 1.5 metres from finished ground level or if this cannot be achieved, then such latches to be located on the pool side of the gate and suitably shielded as per AS1926-2007 (see the attached photocopied page of AS1926-2007) or such gates to be made totally inoperable.

86. Side gates are to have horizontal climbing members spaced apart at no lesser

distance than 900mm. However, is such members are less than 900mm apart, then they are to be suitably shielded.

87. Install a side gate to the side of the property. Such a gate shall:

a) Be of safe and durable construction. b) Open outward, ie away from the pool and be self closing and self latching

from ANY OPENED POSITION with a child safe latching device located on the outside of the gate at 1.5 metres from finished ground level or if this cannot be achieved, then such latches to be located on the pool side of the gate and suitably shielded as per AS1926-2007 or such gates to be made totally inoperable.

88. Council recommends that a Registered Surveyors check survey certificate be

submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) detailing compliance with Council’s approval at the following stages:

a) After excavation work for the footings, but prior to pouring of concrete, showing the area of the land, proposed building and boundary setbacks.



b) Prior to construction of the first completed floor/floor slab showing the

area of the land, proposed building and the boundary setbacks and verifying that the proposed building is being constructed to the approved levels.

c) On completion of the proposed building showing the area of the land, completed building and the boundary setbacks.

PRIOR TO OCCUPATION CERTIFICATE 89. Compliance Certificates – Engineering. Compliance Certificates should be

obtained for the following (If Council is appointed the Principal Certifying Authority [PCA] then the appropriate inspection fee is to be paid to Council) and submitted to the PCA:

• Confirming that all vehicular footway and gutter (layback) crossings are constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the driveway is constructed in accordance with the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the constructed internal car park and associated drainage complies with AS 2890, the construction plan requirements and Ryde City Council’s Environmental Standards Development Criteria - 1999.

• Confirming that the site drainage system (including the on-site detention storage system) servicing the development complies with the construction plan requirements and City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management

• Confirming that after completion of all construction work and landscaping, all areas adjacent the site, the site drainage system (including the on-site detention system), and the trunk drainage system immediately downstream of the subject site (next pit), have been cleaned of all sand, silt, old formwork, and other debris.

• Confirming that the connection of the site drainage system to the trunk drainage system complies with Section 4.7 of AS 3500.3 - 1990 (National Plumbing and Drainage Code).

• Confirming that the footings adjacent to the drainage easements have been constructed to below the zone of influence in accordance City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management

• Confirming that the vehicular crossing has been removed and the kerb and gutter have been constructed in accordance with Council’s Environmental Standards Development Criteria

90. Disused Gutter Crossing. All disused gutter and footpath crossings shall be

removed and the kerb and footpath reinstated to the satisfaction of Council.



91. Work-as-Executed Plan. A Work-as-Executed plan signed by a Registered

Surveyor clearly showing the surveyor’s name and the date, the stormwater drainage, including the on-site stormwater detention system if one has been constructed and finished ground levels is to be submitted to the Principal Certifying Authority (PCA) and to Ryde City Council if Council is not the nominated PCA. If there are proposed interallotment drainage easements on the subject property, a Certificate from a Registered Surveyor is to be submitted to the PCA certifying that the subject drainage line/s and pits servicing those lines lie wholly within the proposed easements.

92. On-Site Stormwater Detention System - Marker Plate. Each on-site

detention system basin shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size: 100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface or access grate. The wording on the marker plate is described in City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management. An approved plate may be purchased from Council's Customer Service Centre on presentation of a completed City of Ryde OSD certification form.

93. Positive Covenant, OSD. The creation of a Positive Covenant under Section

88 of the Conveyancing Act 1919, burdening the property with the requirement to maintain the stormwater detention system on the property. The terms of the instruments are to be generally in accordance with the Council's draft terms of Section 88E instrument for Maintenance of Stormwater Detention Systems and to the satisfaction of Council.

94. Fencing within Floodways. All fencing within the overland flow path shall

have a permeable section at least 300 mm above the calculated top water surface level.

95. Restriction as to User, Floodway. A restriction as to user is to be placed on

the property title to prevent the alteration of the ground surface and maintenance within the 100 year Average Recurrence Interval flow path and also not to have any structure placed inside without Council permission. The terms of the restriction shall be generally in accordance with Council’s draft terms for provision for overland flow and to the satisfaction of Council

96. Drainage Construction. The stormwater drainage on the site is to be

constructed in accordance with the approved Stormwater Management Plans under the deferred commencement condition.

97. The submission to Council of certification from the Principal Certifying Authority

that all required provisions of the two relevant BASIX Certificates had been met.



ATTACHMENTS 1 Map 2 Plans Report Prepared By: Bob Tillott Consultant Planner Report Approved By: Dominic Johnson Group Manager Environment & Planning



2. Site (Refer to attached map.)

Address 14 Woorang Street, Eastwood Site Area 1187m2 (before road widening) 1003.87m2 (after road widening)

Frontage :35.5m and rear boundary of 21.6m Depth 39.4/36.65m

Topography & Vegetation: The site is an irregular shaped allotment with a fall from

the front boundary to the rear of 3m. No significant trees are located on the site. The site is affected by overland flow along the western section of the site.

Existing Buildings Single storey brick dwelling with detached single garage

are currently located on the site.

Planning Controls Zoning: Residential 'A' under Ryde Planning Scheme Ordinance. Reserved for County Road Widening

Other Ryde Planning Scheme Ordinance SEPP 1 – Development Standards

BASIX SEPP City of Ryde Development Control Plan 2006:

- Section 3.3 – Dwelling Houses and Duplex Buildings - Section 7.2 – Waste Minimisation and Management - Section 8.2 – Stormwater Management - Section 9.4 – Fencing

Draft LEP 2008 Section 94 Contribution Plan Subdivision Code.



3. Councillor Representations: Name of Councillor: Councillor O’Donnell Nature of the representation: Call up to Planning and Environment Committee Date: 1 February 2010 Form of the representation (e.g. via email, meeting, phone call): Email. On behalf of applicant or objectors: Applicant sent correspondence to all Councillors. Any other persons (e.g. consultants) involved in or part of the representation: No 4. Political Donations or Gifts Any political donations or gifts disclosed? No. 5. Proposal Demolition of existing structures, land subdivision of existing Lot 20 of DP 13212 into three (3) allotments with the below characteristics and construction of a two-storey dwelling on Lots 1 and 2, including construction of swimming pool (lap pool) on proposed Lot 2. Proposed Lot:

Dimensions: Area:

1 16.861m x 39.4/37.5m (after road widening)

501.9m2 (after road widening) otherwise 593.5m2




501.9m2 (after road widening) otherwise 593.5m2

3 Various. Comprise the road widening required by RTA.

183.55m²

6. Background The history of this application is as follows:

(a) Prelodgement meeting was held with Council staff on 23 April 2009 and the three issues identified at the meeting were:

• Road widening; • Lot sizes; and • Overland stormwater flow.

(b) The application was lodged on 14 September 2010. (c) On 11 November 2009 Council wrote to the applicant detailing areas of non-

compliance with the relevant planning controls. (d) On 20 November 2009 the applicant provided a response which included

discussion on the identified issues and a set of revised architectural drawings.

(e) In late January 2010 a draft assessment report prepared for the Manager

Assessment was subject to a peer review and discussions with the General Counsel given the complexities relating to issues of non-compliance with the Ryde Planning Scheme Ordinance as a result of the road reservation. The conclusion of this peer review was that the submitted SEPP 1 objection, and the development, as detailed in the revised architectural drawings, was worthy of support and that the application could be approved by Council, subject to conditions.

(f) On 1 February 2010 Councillor O’Donnell requested the application be

placed before the Planning and Environment Committee for determination. (g) The following assessment report has been prepared on this basis.

7. Submissions The proposal was advertised and notified in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications. The application was advertised on 14 October 2009. Notification of the proposal was from 25 September 2009 until 29 October 2009. No submissions were received.



8. SEPP1 Objection received? A SEPP 1 objection has been provided in respect to Clause 41B(2)(a)(i) and Clause 46(1) of the Ryde Planning Scheme Ordinance. Clause 41 is for minimum lot size for subdivision (580m2). The proposal will have a site area of 501.9m2 per allotment, which is a shortfall of 78m2 per allotment. This represents a variation of 13.5%. Clause 46 relates to the minimum lot size for erection of dwelling house. 9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

Zoning Residential 'A' and Reserved for County Road Widening Mandatory Requirements Clause 41B 2 of the RPSO states

(2) The responsible authority shall not consent to the subdivision of land to

which this clause applies unless – (a) each allotment (other than a hatchet-shaped allotment) proposed to

be created by the subdivision has –

(i) an area of not less than 580 square metres; (ii) frontage to a public road of not less than 10 metres; and (iii) a width of not less than 15 metres at a distance of 7.5 metres

from the alignment of the public road; and



The numerical requirement of subdivision when compared with the proposal is summarised in the table below:

Development Standard

Proposals Numeric Compliance Complies

Site Area: 1187m2 (before road widening) 1003.87m2 (after road widening) Minimum Site Area Clause 41B 2(a )(i) Regular Lot: 580m2

Lot 1 – 501.9m2 (irregular lot) with road

widening (593m2 excluding road widening)

Lot 2 – 501.9m

2 (irregular lot) with road widening

(593m2 excluding road widening)

No

Yes*

No

Yes*

Minimum Frontage Clause 41B 2(a )(ii) & (iii) Site width: 10m (min) & 15m at a distance of 7.5m from the street alignment (regular lot)

Lot 1 – 16.86m & 15.4m at 7.5m in. Lot 2 – 16.86m & 15.5m at 7.5m in.

Yes Yes

*The proposal will, if not for the road widening, comply with Clause 41 B(2(a) (i). The proposed road widening relates to the construction of a major arterial roadway between First Avenue, Eastwood, and the M2. Enquiries with the RTA have revealed that the roadway is not presently included in their next five year program. Clearly this is a significant road construction program and it could be many years/decades before planning and constructed is undertaken. Nevertheless, the site is still earmarked for future road widening and therefore it should be assumed that it may proceed at some stage, although well into the medium/long term future, unless Council receives advice to the contrary. As such, the site is affected by the road widening and the proposal is required to be assessed with the road widening taken into account. The proposed subdivision, after road widening will result in each of the allotment being 501.9m2 which is short of the required minimum allotment by 78.1m2 , a 13.5% variation. Accordingly, a SEPP 1 objection has been lodged and is assessed below under “SEPP 1 Objection” considerations. Clause 46 of the RPSO states:

(1) A dwelling-house shall not be erected on an allotment of land within Zone No. 2(a), 2(a1), 2(b1), 2(b2), 2(c1), 2(c2), 2(c3), 2(c4), 2(c5), 2(d1), 2(d2),2(d3), 2(d4), 2(d5), 2(d6), 2(d7) or 2(e) unless -



(a) where the allotment is not a hatchet-shaped allotment -

(i) it has an area of not less than 580 square metres; (ii) it has frontage to a public road of not less than 10 metres; and (iii) it has a width of not less than 15 metres at a distance of 7.5

metres from the alignment of the public road.

After subdivision and road widening, the allotments will have an area of 501.9m2; a frontage of 16.8m and a width at 7.5m from the street alignment of 15.5m. As part of this application, it is proposed to construct a dwelling on each of the allotment and as such, the applicant has lodged a SEPP 1 objection for the variation to clause 46 of the RPSO.

(b) Relevant SEPPs State Environmental Planning Policy 1 – Development Standards. This policy provides flexibility in the application of development standards within Planning Instruments in circumstances where strict compliance would be unreasonable or unnecessary or tend to hinder the attainment of the objects specified under Section 5(a)(1) of the Act. Two SEPP 1 Objections have been submitted in respect of the non-compliances with the relevant development standards. (Clause 41B and Clause 46(1)(a)(i) of the Ryde Planning Scheme Ordinance.) State Environmental Planning Policy No 1 - Development Standards 1. Clause 41 B - Subdivision of residential land - Minimum allotment size Proposed Lots 1 and 2 do not comply with the minimum site area as prescribed under Clause 41B 2 (a)(i) of the Ryde Planning Scheme Ordinance (RPSO). The applicant has submitted a SEPP 1 objection with justification as to why strict compliance with the standard would be unreasonable or unnecessary in this instance. In order for Council to be able to grant development consent for the subdivision Council must be satisfied that the SEPP 1 objection is well founded (i.e. compliance is unreasonable or unnecessary) having regard to the stated and underlying objectives and intent of the standard and the broader planning objectives for the locality and that the granting of the consent is consistent with the aims of the policy, as set out in clause 3 of the policy. Various decisions of the Land & Environment Court provide guidance in the proper application of SEPP 1. The most relevant judgements are:

• Winten Property Group Ltd v North Sydney Council (2001) NSWLEC 46; and • Wehbe v Pittwater Council (2007) NSWLEC 827.



The following is an assessment of the SEPP1 objection using criteria established by the Land and Environment Court.

Whether the planning control in question is a development standard The minimum site area figures as contained in Clause 41B(2)(a)(i) of the RPSO are considered to be a development standard, as defined by Section 4 of the Environmental Planning and Assessment Act. The underlying objective or purpose behind the standard Whilst the underlying objective/purpose of the standard is not explicitly stated in the RPSO, guidance is provided by the objectives set out in the Ryde Subdivision Code, therefore the underlying reason for the standard is:-

• To preserve the amenity of residential areas by ensuring that subdivisions

conform with the established subdivision patterns in the locality. • To provide minimum site requirements which will result in adequate aspect

and outlook for buildings to be erected on the land. • To provide sufficient area for the erection of buildings which conform with

current building design and the established building character of the locality and provide sufficient private outdoor living areas for the residents of those buildings.

• To provide within hatchet-shaped allotments sufficient area to permit vehicles to enter and leave those sites in a forward direction.

• To optimise public accessibility, both vehicular and pedestrian within the neighbourhood.

• To ensure that adequate provision is made for public services and amenities for the future residents of the locality

Whether compliance with the development standard is consistent with the aims of the Policy and whether compliance hinders the attainment of the objects specified in section 5(a)(i) and (ii) of the EP & A Act 1979 The objects of Section 5(a)(i) and (ii) of the Act are: (i) The proper management, development and conservation of natural and

artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment;

(ii) The promotion and co-ordination of the orderly and economic use and

development of land;



It is considered that the proposal will not hinder the attainment of the object of section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act 1979 as the proposal is consistent with the requirements of SEPP No.1. The proposed development is not totally inconsistent with existing surrounding subdivision pattern. The subdivision as proposed will result in two undersized allotments, however is not likely to hinder the proper development of the locality including the economic development of land. The proposal will result in increased housing options in the area and as such is considered to be improving the social and economic welfare of the community. Following is a map of the locality surrounding the subject site.

The most obvious factor in the local subdivision pattern is the existing shape of the subject lot (No. 14) and the adjoining allotment No. 12. The subject site has an area of 1187m² which is well in excess of the area of surrounding allotments. Approval of the proposal should not create a precedent in respect of other allotments in the locality. This includes No. 12 as subdivision of this allotment will be very difficult due to the narrow frontage.



Critical to the SEPP 1 objection is acceptance of the proposal providing additional housing, at current standards of amenity in an attractive and accessible location. The proposal represents a more economic and environmentally sustainable development of the land than if the present situation remained. The SEPP 1 objection discusses the existing unusual configuration of the subject allotment. The shape of the subject site is totally different to the other allotments in the locality, except for the adjoining No. 12. The proposed subdivision will generally maintain the unusual shape characteristic. A situation that seems not to trouble the local community. It is considered that the submitted SEPP 1 objection appropriately demonstrates that compliance with the standard would be unreasonable or unnecessary in the subject case and, therefore the SEPP 1 objection is worthy of support. Achievement of the objectives Proposed Lots 1 & 2 have site areas of 501.9m

2 each ( the road widening of approximately 183m2 have been taken out), which fall short of compliance by 79m2 (13.5%) per allotment. The applicant has submitted a SEPP 1 objection. In the question of what is the underlying objective or purpose of the standard the applicant states: Clause 41 B of the Plan does not specify an objective. It is therefore necessary to anticipate the purpose behind Council's imposition of such a planning control. In our opinion the purpose behind a site area standard of this nature is to ensure bulk and scale of development is compatible with the existing and likely future character of a locality, and to ensure that a development's intensity does not adversely impact upon amenity levels or building form. The proposed development is consistent with the bulk and scale of adjoining development, with no detrimental amenity or building form impacts perceived. Whilst the development is land mark architectural in form it is similar in floor area than adjoining dwellings. The proposal has been designed to minimise the visual bulk of the structure and to introduce vertical and horizontal articulation to increase visual interest. The SEPP 1 objection continues with the following specific grounds: 1. The proposed development satisfies the purpose and objectives behind the

Council's minimum allotment control; 2. Strict compliance with clause 41 B of the Plan would hinder the attainment of the

objects listed in section 5(a)(i) and (ii) of the Act; 3. Surrounding and nearby development of a similar nature and character appear to

exceed the numerical minimum allotment size standard;



4. The non-compliant minimum allotment size does not impact upon amenity levels

of adjoining properties; 5. The non-compliant minimum allotment size does not result in a bulky or out of

scale or character development; 6. The non-compliant minimum allotment size does not result in an overdevelopment

of the subject property; 7. The allotment satisfies the minimum site widths for subdivisions; 8. The non-compliant minimum allotment size results in a better environmental

planning outcome that could be achieved had the abovementioned standard been complied with;

9. Compliance with the development standard is unnecessary as the purpose behind the control is satisfied and unnecessary as it would serve no purpose enforcing compliance;

In the SEPP 1 Objection, the applicant states: “In our opinion the purpose behind a site area standard of this nature is to ensure bulk and scale of development is compatible with the existing and likely future character of a locality, and to ensure that a development's intensity does not adversely impact upon amenity levels or building form. The proposed development is consistent with the bulk and scale of adjoining development, with no detrimental amenity or building form impacts perceived. Whilst the development is land mark architectural in form it is similar in floor area than adjoining dwellings. The proposal has been designed to minimise the visual bulk of the structure and to introduce vertical and horizontal articulation to increase visual interest. The dwellings height, setbacks and façade treatment is consistent with other development in the locality. The proposed development is situated to the north of the street and will not impact on amenity levels of adjoining properties due to overlooking, overshadowing, noise or general congestion and traffic concentrated to the roadway. Further the proposal would provide acceptable amenity for future occupants, given that adequate parking, open space and living areas are provided”. It is considered that the SEPP 1 objection has sufficiently and appropriately addressed the objectives behind the subject development standards. Objectives/Intent of the Development Standards: Whilst there is no mention in the RPSO as to the purpose of the standard, however guidance is provided by the objectives set out in the Ryde Subdivision Code, therefore one of the underlying reasons for the standard is to: • To preserve the amenity of residential areas by ensuring that subdivisions

conform with the established subdivision patterns in the locality



Comparison with the DCP 2006 controls has shown that the proposed dwellings are likely to preserve the residential amenity of the locality. Finally, it is difficult to require the proposed allotments to comply with the existing subdivision pattern in the locality, when the existing allotment has a shape that is not replicated in nearby subdivisions. Conclusion The unusual circumstances of this case should be balanced against the usual presumption of public benefit in maintaining a planning control. However, the nearby subdivision pattern does not contain any allotments that could be similarly developed. As demonstrated in the SEPP 1 objection, considerable benefits, including benefits to the local community through increased housing options flow from the proposal. The situation with the RTA road widening could have a beneficial impact on the local built environment. It is apparent that the proposed road widening will not take place for a considerable period of time, and maybe not at all. Until such time as the road widening is taken from the proposed allotments, and there is increasing evidence to support the viewpoint that the road widening will be abandoned, these allotments will comply with the minimum area requirements for the present RPSO. Therefore from a streetscape point of view, there could be little difference to the existing impacts. On a practical point of view a condition of consent (Condition 23) is recommended requiring the registration of an Instrument under Section 88E of the Conveyancing Act 1919, to ensure:

• no structures/buildings are erected on the allotment designated for road widening;

• that the land in front of proposed Lots 1 and 2 remains in the ownership of the respective owners of Lots 1 and 2; and

• the land designated for road widening is not sold independently of proposed Lots 1 and 2 and can only be independently disposed of by way of transfer to the Roads and Traffic Authority if and when required.

2. Clause 46 - Construction of dwellings on undersized allotments: Clause 46 (1) of the RPSO states that a dwelling-house shall not be erected on an allotment of land within, inter alia, Zone No. 2(a), unless – (a) where the allotment is not a hatchet-shaped allotment -

(i) it has an area of not less than 580 square metres; (ii) it has frontage to a public road of not less than 10metres; and (iii) it has a width of not less than 15 metres at a distance of 7.5 metres from the

alignment of the public.

The applicant has submitted a SEPP 1 objection with justification as to why strict compliance with the standard would be unreasonable or unnecessary in this instance.



As assessed above, the SEPP 1 objection for the minimum allotment size for the subdivision is detailed and worthy of support. Accordingly, the objection to the development standard of 580 square metres as contained in Clause 46(1) of the RPSO is reasonably detailed in the provided SEPP 1 objection. (c) Relevant REPs Nil (d) Any draft LEPs Draft Ryde Local Environmental Plan 2008 (Draft LEP) was adopted by Council on 5 May 2009. Under this Draft LEP, the zoning of the property is R2 Low Density Residential. The proposed subdivision is permissible under Clause 2.6 of the DLEP and the construction of dwellings are permissible with consent within this zoning under the Draft LEP. Clauses 4.1 & 4.1A – Minimum subdivision lot size sets out the objectives and minimum lot sizes for land in zone, inter alia, R2, states:

4.1 Minimum subdivision lot size [optional] (1) The objectives of this clause are as follows:

(a) to retain streetscape, amenity and landscaped areas in residential zones,

(b) to provide open space areas for environmental sustainability in residential zones,

(c) to maintain a consistent density of development in Zone R2 Low Density Residential.

4.1A Minimum subdivision requirements in certain residential zones (1) This clause applies to land in Zone R2 Low Density Residential, Zone R3 Medium Density Residential and Zone R4 High Density Residential. (2) The consent authority must not consent to the subdivision of land to

which this clause applies unless: (a) each lot (other than a hatchet shaped lot) has:

(i) an area of not less than 580 square metres, and (ii) frontage to a road of not less than 10 metres, and (iii) a width of not less than 15 metres at a distance of 7.5 metres

from the frontage of the lot.



The proposal does not comply with this requirement in that the two lots will be less than the minimum area (being only 501.9m2, after road widening), having a shortfall of 78m2 for each lot, a variation of 13.5%. Following the exhibition of the draft LEP, it was adopted by Council on May 2009 and has been forwarded to the Minister for gazettal, subject to some technical changes. As the draft LEP has been adopted by Council, it is a matter for consideration in the determination of the development application. The adopted draft LEP requires a minimum allotment size of 580m2 for each lot (other than hatchet shaped lot) which is the same as the Ryde Planning Scheme Ordinance. The draft LEP has been drafted on a “like for like” basis in comparison to the provisions of the RPSO. This arrangement was as a result of requirement of the Department of Planning which required all planning instruments to be brought into alignment with their model plan system.

Unfortunately this arrangement, whilst updating the 1979 RPSO, did not seek to review the relevant development standards. A future LEP which has yet to be drafted will address the matter of relevant development standards for the present time. Accordingly, no additional weight should be placed upon the fact that the proposed residential allotments do not comply with the 580m² minimum size, as this is simply a repeat of the RPSO standard which has previously been addressed.

The objectives of the standard under the Draft LEP are:

(a) to retain streetscape, amenity and landscaped areas in residential

zones, (b) to provide open space areas for environmental sustainability in

residential zones, (c) to maintain a consistent density of development in Zone R2 Low

Density Residential.

Clause 4.6 of the draft allows exceptions to the standards subject to demonstrating that the standard is unreasonable or unnecessary in the circumstances of the case and there are sufficient environmental planning grounds to justify departure to the standard. As previously detailed, the applicant has submitted a written statement (SEPP 1 objection) justifying the contravention to the development standard as to why the standard is unreasonable or unnecessary in the circumstance of the case.



Clause 4.6 (4) of the Draft LEP states that:

(4) Consent must not be granted for development that contravenes a development standard unless:

(a) the consent authority is satisfied that:

(i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii) the proposed development will be in the public interest because it is

consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b) the concurrence of the Director-General has been obtained.

As assessed in detail under SEPP 1, the departure to the standard is considered to achieve the objectives of the standard, inter alia, to preserve the amenity of residential areas. As previously detailed, the submitted SEPP 1 objection is considered to be worthy of support.

(e) Any DCP

City of Ryde Development Control Plan 2006:

Part 3.3 – Dwelling Houses and Duplex Buildings Part 7.2 – Waste Minimisation and Management Part 8.2 – Stormwater Management Part 9.2 – Access for People with Disabilities Part 9.4 – Fencing

DWELLING 1:

DCP 2006

Proposed

Compliance Part 3.3 - Dwelling Houses and Duplex Buildings Desired Future Character Development is to be consistent with the desired future character of the low density residential areas.

Yes – 2 storey dwelling facing the street

Yes



DCP 2006

Proposed

Compliance Dwelling Houses - To have a landscaped setting

which includes significant deep soil areas at front and rear.

- Maximum 2 storeys. - Dwellings to address street - Garage/carports not visually

prominent features.

Landscaped area of 54.6%

2 storey

Single garage – not prominent feature

Yes

Yes

Yes

Public Domain Amenity Streetscape - Front doors and windows are

to face the street. Side entries to be clearly apparent.

- Single storey entrance porticos.

- Articulated street facades.

Front door and windows facing

the street

No portico

Articulated facade

Yes

Yes

Yes Public Views and Vistas - A view corridor is to be

provided along at least one side allotment boundary where there is an existing or potential view to the water from the street. Landscaping is not to restrict views.

No view corridor

N/A

Pedestrian & Vehicle Safety - Car parking located to

accommodate sightlines to footpath & road in accordance with relevant Australian Standard.

- Fencing that blocks sight lines is to be splayed.

Reverse out of site – current

situation – sight line, satisfactory

No front fence proposed

Yes

Yes

Site Configuration Deep Soil Areas - 35% of site area min. - Min 8x8m deep soil area in

backyard. - Front yard to have deep soil

area (only hard paved area to be driveway, pedestrian path and garden walls).

Permeable (deep soil) area: 274m2 - 54.5% Rear DSA dimensions: 11m x 9m

Front DSA: 67% - only single driveway and pathway proposed

Yes

Yes

Yes



DCP 2006

Proposed

Compliance

Topography & Excavation Within building footprint: - Max cut: 1.2m - Max fill: 900mm

Outside building footprint: - Max cut: 900mm - Max fill: 500mm - No fill between side of

building and boundary or close to rear boundary

- Max height retaining wall 900mm

500mm to 1000mm fill

No cut or fill proposed

No

Yes

Floor Space Ratio Ground floor 57.26m2 Second floor 115.43m2 Total (Gross Floor Area) 272.7m2 Less 36m2 (double) or 18m2 (single) allowance for parking

18m2

Total 254.6m2 amended to have atotal of 251m2

Site area 501.9m2 FSR (max 0.5:1) Amended to comply with

0.5:1 Yes (See condition number 41. This will

require the total floor area of the

development to be reduced by 3.6m²)

Height - 2 storeys maximum (storey

incl basement elevated greater than 1.2m above EGL).

2 storey

Yes

- 1 storey maximum above attached garage incl semi-basement or at-grade garages.

1 storey over garage Yes

Wall plate (Ceiling Height) - 7.5m max above FGL or - 8m max to top of parapet

NB: TOW = Top of Wall EGL = Existing Ground Level

TOW RL: 81.24 (western elevation) FGL below (lowest point): 73.8 TOW Height (max)= 7.4m

Yes



DCP 2006

Proposed

Compliance

FGL = Finished Ground Level

9.5m Overall Height NB: EGL = Existing Ground Level

Max point of dwelling RL: 83.51 EGL below ridge (lowest point): 74 Overall Height (max)= 9.5m

Yes

Habitable rooms to have 2.4m floor to ceiling height (min).

2.4m & 2.7m Yes

Setbacks

Setback 1 - western To wall min – 1500mm

Yes

Setback 2 - eastern To wall min – 1500mm

Yes

SIDE Two storey dwelling - 1500mm to wall - Includes balconies etc

Setback 2 To wall min – To wall max –

Front - 6m to façade (generally) - Garage setback 1m from the

dwelling façade – wall above is to align with outside face of garage below.

- Front setback free of ancillary elements e.g. RWT,A/C.

6m from front of proposed road

widening Garage setback 1.2m from front

façade – balcony above align with outside face of garage

below No A/C or rainwater tank within

front setback

Yes

Yes

Yes

Rear - 8m to rear of dwelling OR

25% of the length of the site, whichever is greater.

Require 9.3m to 9.8m

Proposed 10m

Yes

Outbuildings Non proposed Car Parking & Access

General - Dwelling: 2 spaces

maximum, 1 space minimum.

- Maximum 6m wide or 50% of frontage, whichever is less.

- Behind building façade.

Number/location of car spaces: 1 single garage Access from: Woorang Street External width: 4m Behind building facade

Yes

Yes

Yes



DCP 2006

Proposed

Compliance

Garages

- Garages set back 1m from façade.

- Total width of garage doors visible from public space must not exceed 5.7m and be set back not more than 300mm behind face of garage wall above.

- Garage windows are to be at least 900mm away from boundary.

Setback from façade:1.2m Width of opening: 3m Door setback: in line Windows? 2 high light Setback:1500mm

Yes

Yes

Yes

Yes

Parking Space Sizes (AS) - Double garage: 5.4m wide

(minimum) - Single garage: 3m w(min) - Internal length: 5.4m (min)

Internal measurements: 3.4m x 5.6m. Internal door swing – need to be reorientated to prevent hitting parked vehicle. To be condition

Yes

Driveways - Extent of driveways to be

minimised

Driveway minimised

Yes

Swimming Pools & Spas None proposed

Landscaping Trees & Landscaping - Major trees retained where

practicable - Physical connection to be

provided between dwelling and outdoor spaces where the ground floor is elevated above NGL eg. stairs, terraces.

- Landscaped front garden, with max 40% hard paving

- Obstruction-free pathway on one side of dwelling (excl cnr allotments or rear lane access)

- Front yard to have at least 1 tree with mature ht of 10m min and a spreading canopy.

- Back yard to have at least 1 tree with mature ht of 15m

No significant tree on site

Steps provided

33% hard paving at front

garden

Existing tree within front – 13m

13m tree proposed

Yes

Yes

Yes

Yes



DCP 2006

Proposed

Compliance

min and a spreading canopy.

- Hedging or screen planting on boundary mature plants reaching no more than 2.7m.

- OSD generally not to be located in front setback unless under driveway.

Side screen planting 3m

Landscaping for lots with Urban Bushland or Overland Flow constraints - No fill allowed in overland

flow areas. Fences in Overland Flow areas must be of open construction so it doesn’t impede the flow of water.

No fill proposed within overland flow

Fence does not comply – 1.8m colour bond fence

Yes

Yes – fence amended to not to

impede flow of water

Dwelling Amenity Daylight and Sunlight Access- Living areas to face north

where orientation makes thispossible.

- 4m side setback for side living areas where north is tothe side allotment boundary.

Subject Dwelling: - Subject dwelling north facing

windows are to receive at least 3 hours of sunlight to a portion of their surface between 9am and 3pm on June 21.

- Private Open space of subject dwelling is to receive at least 2 hours sunlight between 9am and 3pm on June 21.

Neighbouring properties are to

receive: - 2 hours sunlight to at least

50% of adjoining principal ground level open space

Living room off rear north facing window. Rear elevation Sufficient solar access to POS

between 9am -3pm 12 Woorang: side setback impacted on at 9am – rest of the day, minimal impact –

Yes

N/A

Yes

Yes



DCP 2006

Proposed

Compliance

between 9am and 3pm on June 21.

- At least 3 hours sunlight to a

portion of the surface of north facing adjoining living area windows between 9am and 3pm on June 21.

receives the required solar access New allotment to the east: (Dwelling 2):Minimal impact to their POS from Dwelling 1. 12 Woorang: No impact to their north facing windows. New allotment to the east: Minimal impact to their north facing area.

Yes

Visual Privacy - Orientate windows of living

areas, balconies and outdoor living areas to the front and rear of dwelling.

- Windows of living, dining,

family etc placed so there are no close or direct views to adjoining dwelling or open space.

- Side windows offset from adjoining windows.

- Terraces, balconies etc are

not to overlook neighbouring dwellings/private open space.

1st floor bedroom balcony oriental to side – minimal impact due to spatial separation between the dwelling and adjoining western dwelling. No direct views to adjoining (western – 12 Woorang) dwelling or open space. 9m separation between the 2 dwelling main living room windows with landscaping between. Ground floor side patio will have side landscaping which will screen the boundary with adjoining property’s side pool only 170mm below terrace level, as such 1.8m high fence and proposed landscaping will screen the 2 properties.

Yes

Yes

Yes

Yes

Cross Ventilation - Plan layout is to optimise

access to prevailing breezes and to provide for cross ventilation.

Good cross ventilation on at rear section of ground floor

Yes

External Building Elements Roof - Articulated. - 450mm eaves overhang

minimum.

Articulated

450mm eaves

Yes Yes



DCP 2006

Proposed

Compliance

- Not to be trafficable terrace.- Attic to be within roof space.- Skylights to be minimised

and placed symmetrically. - Front roof plane is not to

have both dormer windows and skylights.

No trafficable terrace within roof area

No skylight proposed

Raked ceiling – no dormer windows

Yes

Yes

Fencing Front/return:

- To reflect design of dwelling.- To reflect character & height

of neighbouring fences. - Max 900mm high for solid

(picket can be 1m). - Max 1.8m high if 50% open

(any solid base max 900mm).

- Retaining walls on front boundary max 900mm.

- No colorbond or paling Max width of piers 350mm.

Front fence: Description: no front fence proposed Return fence: Description: side colour bond 1.8m high fence

Yes

Side/rear fencing: - 1.8m max o/a height.

Height:1.8m Materials proposed: Colourbond

Yes

Part 7.2- Waste Minimisation & Management Submission of a Waste Management Plan in accordance with Part 7.2 of DCP 2006.

The applicant has submitted a Waste Management Plan in accordance with Part 7.2 of

DCP 2006.

Yes

Part 8.2 - Stormwater Management Stormwater Drainage is to be piped in accordance with Part 8.2 - Stormwater Management.

Part 9.2- Access for People with Disabilities Accessible path required from the street to the front door, where the level of land permits.

Pathway from street to door provided, however flood level

higher as required for freeboard above the 1 in 100 year ARI

overland flow level

Yes



Non compliances: Proposed fill: The proposal will exceed the maximum fill allowed within the building footprint by 100mm, which is relatively minor. The fill is only along the rear section of the building, where the land slopes down. The variation is not considered to have any adverse impact to any adjoining dwelling. The construction will be of drop edge beam with no fill between the side of the building and the side boundaries. DWELLING 2:

DCP 2006

Proposed

Compliance Part 3.3 - Dwelling Houses and Duplex Buildings Desired Future Character Development is to be consistent with the desired future character of the low density residential areas.

Yes – 2 storey dwelling facing the street

Yes

Dwelling Houses - To have a landscaped setting

which includes significant deep soil areas at front and rear.

- Maximum 2 storeys. - Dwellings to address street - Garage/carports not visually

prominent features.

Landscaping area = 35%

2 storeys Front door and windows faces

street Double garage integrated with

dwelling – not prominent element

Yes

Yes

Yes

Yes

Public Domain Amenity Streetscape - Front doors and windows are

to face the street. Side entries to be clearly apparent.

- Single storey entrance porticos.

- Articulated street facades.

Front door and windows faces

street

Single storey portico

Articulated facade

Yes

Yes

Yes Public Views and Vistas - A view corridor is to be

provided along at least one side allotment boundary where there is an existing or potential view to the water from the street. Landscaping is not to restrict views.

No view corridor

N/A



DCP 2006

Proposed

Compliance

Pedestrian & Vehicle Safety - Car parking located to

accommodate sightlines to footpath & road in accordance with relevant Australian Standard.

- Fencing that blocks sight lines is to be splayed.

Vehicles reverse out of site – current situation – good sight

line, no front fence

Yes

Site Configuration Deep Soil Areas - 35% of site area min. - Min 8x8m deep soil area in

backyard. - Front yard to have deep soil

area (only hard paved area to be driveway, pedestrian path and garden walls).

Permeable (deep soil) area: 35% Rear DSA dimensions:8m x 8m

Only driveway as hard paved area provided in front yard

Yes

Yes

Yes

Topography & Excavation Within building footprint: - Max cut: 1.2m - Max fill: 900mm

Outside building footprint: - Max cut: 900mm - Max fill: 500mm - No fill between side of

building and boundary or close to rear boundary

- Max height retaining wall 900mm

Max fill 500mm

No cut and fill proposed outside of building footprint

Yes

Yes

Floor Space Ratio Ground floor 167.3m2 Second floor 117.46m2 Total (Gross Floor Area) 284.47m2 Less 36m2 (double) or 18m2 (single) allowance for parking

36m2

Total Floor Area 248.7m2 Site area 501.9m2

FSR (max 0.5:1) 0.49:1 Yes



DCP 2006

Proposed

Compliance

Height - 2 storeys maximum (storey

incl basement elevated greater than 1.2m above EGL).

Height of any basement ceiling (above EGL) that is located below two storeys above: 1 storey above garage

Yes

- 1 storey maximum above attached garage incl semi-basement or at-grade garages.

1 storey above

Yes

Wall plate (Ceiling Height)

- 7.5m max above FGL or - 8m max to top of parapet

TOW RL: 80.7 (north and west) FGL below (lowest point): 74 TOW Height (max)= 6.7m

Yes

9.5m Overall Height NB: EGL = Existing Ground Level

Max point of dwelling RL: 83.9 EGL below ridge (lowest point): 74.4 Overall Height (max)= 9.5m

Yes

Habitable rooms to have 2.4m floor to ceiling height (min).

2.7m & 2.4m Yes

Setbacks Setback 1 (western) To wall min – 1500mm

Yes

SIDE Two storey dwelling - 1500mm to wall - Includes balconies etc

Setback 2 (eastern) Single level garage setback 900mm. 1500mm for rest of dwelling

Yes

Yes

Front - 6m to façade (generally)

- Garage setback 1m from the

dwelling façade – wall above is to align with outside face of garage below.

- Front setback free of ancillary elements e.g. RWT,A/C.

6m (slight 400mm

encroachment of front porch forlength of 2.4m)

1m setback – wall above not align with wall below, but

setback 1m

Front setback free of A/c, RWT

Yes

Yes No

Yes



DCP 2006

Proposed

Compliance

Rear - 8m to rear of dwelling OR

25% of the length of the site, whichever is greater.

Require 9.1m to 9.3m

Proposed 9.3m

Yes

Outbuildings Non proposed Car Parking & Access

General - Dwelling: 2 spaces

maximum, 1 space minimum.

- Where possible access off secondary street frontages or laneways is preferable.

- Maximum 6m wide or 50% of frontage, whichever is less.

- Behind building façade.

Number/location of car spaces: Double garage Access from: Woorang Street External width: 5.8m Behind building facade

Yes

N/A

Yes

Yes Garages

- Garages set back 1m from façade.

- Total width of garage doors visible from public space must not exceed 5.7m and be set back not more than 300mm behind face of garage wall above.

- Garage windows are to be at least 900mm away from boundary.

Setback from façade: 1m Width of opening: 4.7m Door setback: In line Windows? 2 high light Setback:900mm

Yes

Yes

Yes

Yes

Parking Space Sizes (AS) - Double garage: 5.4m wide

(minimum) - Single garage: 3m w(min) - Internal length: 5.4m (min)

Internal measurements:5.5m x 5.7m (swing of internal garage door – block access to vehicles)

Yes

Driveways - Extent of driveways to be

minimised

Less than 40% of hard paving

within front garden

Yes

Swimming Pools & Spas - Must comply with all relevant

Acts, Regulations and Australian Standards.

- Must at all times be surrounded by a child resistant barrier and located

Does fence isolate pool area from dwelling. No details of pool fencing Is gate location/swing shown?

Yes

Yes



DCP 2006

Proposed

Compliance

to separate pool from any residential building and/or outbuildings (excl cabanas) and from adjoining land.

- No openable windows, doors or other openings in a wall that forms part of barrier..

- Pools not to be in front setback.

Are there any windows/doors within pool area? Yes – fixed pool fencing is to be fixed to the outside wall where openings of bi-folding doors to be for family, meals area and office area. In rear yard

Yes

Yes

Pool coping height - 500mm maximum above

existing ground level

(only if no impact on privacy)

Pool coping RL: 74.43 EGL (lowest point below coping):73.75 Coping Height (max)= 680mm (northwest corner) No privacy impact due to the landscaping between the 2 properties.

Yes

Pool Setback - 900mm min from outside

edge of pool coping, deck or surrounds to allow sufficient space for amenity screen planting

- Screen planting required for pools located within 1500mm, min bed width of 900mm for the length of the pool. Min ht 2m, min spacing 1m

- Pool setback 3m+ from tree >5m height on subject or adjacent property

- Pool filter located away from neighbouring dwellings, and in an acoustic enclosure

Setback (min):900mm Landscaping proposed: Yes along the western property.

No trees within pool area

Details submitted

Yes

Yes

Yes

N/A

Yes

Landscaping Trees & Landscaping - Major trees retained where

practicable - Physical connection to be

No significant trees on site

Steps provided off rear patio

Yes

Yes



DCP 2006

Proposed

Compliance

provided between dwelling and outdoor spaces where the ground floor is elevated above NGL eg. stairs, terraces.

- Landscaped front garden, with max 40% hard paving

- Obstruction-free pathway on one side of dwelling (excl cnr allotments or rear lane access)

- Front yard to have at least 1 tree with mature ht of 10m min and a spreading canopy.

- Back yard to have at least 1 tree with mature ht of 15m min and a spreading canopy.

- Hedging or screen planting on boundary mature plants reaching no more than 2.7m.

- OSD generally not to be located in front setback unless under driveway.

area

40%

Provided

Provided

3m

Located in the rear

Yes

Yes

Yes

No – can be condition to comply

(condition 71).

Yes

Landscaping for lots with Urban Bushland or Overland Flow constraints - No fill allowed in overland

flow areas. - Fences in Overland Flow

areas must be of open construction so it doesn’t impede the flow of water.

No fill proposed within overland flow

Fence does not comply – 1.8m colour bond fence

Yes

Yes

Dwelling Amenity Daylight and Sunlight Access- Living areas to face north

where orientation makes thispossible.

- 4m side setback for side living areas where north is tothe side allotment boundary.

Subject Dwelling: - Subject dwelling north facing

Rear north facing

Rear setback

Yes

Yes



DCP 2006

Proposed

Compliance

windows are to receive at least 3 hours of sunlight to a portion of their surface between 9am and 3pm on June 21.

- Private Open space of subject dwelling is to receive at least 2 hours sunlight between 9am and 3pm on June 21.

Neighbouring properties are to

receive: - 2 hours sunlight to at least

50% of adjoining principal ground level open space between 9am and 3pm on June 21.

- At least 3 hours sunlight to a portion of the surface of north facing adjoining living area windows between 9am and 3pm on June 21.

Covered patio off the rear north facing windows – unable

to received the required 3 hours.

POS receives the required

solar access 16 Woorang – POS minimal impact New allotment to the west: minimal impact to POS 16 Woorang – north facing windows not impacted on New allotment – north facing windows not impacted by Dwelling 2.

Yes – provision of skylights

Yes

Yes

Yes

Visual Privacy - Orientate windows of living

areas, balconies and outdoor living areas to the front and rear of dwelling.

- Windows of living, dining, family etc placed so there are no close or direct views to adjoining dwelling or open space.

- Side windows offset from adjoining windows.

- Terraces, balconies etc are not to overlook neighbouring dwellings/private open space.

High light windows off living room along the eastern elevation. Sufficient separation between side boundary off side living room windows and adjoining property’s open space. Sufficient separation with screen planting and fencing to screen side windows from adjoining western allotment.

Yes

Yes

Yes

Cross Ventilation - Plan layout is to optimise

access to prevailing breezes and to provide for cross ventilation.

Good cross ventilation at rear of dwelling

Yes



DCP 2006

Proposed

Compliance

External Building Elements Roof - Articulated. - 450mm eaves overhang

minimum. - Not to be trafficable terrace.- Attic to be within roof space.- Skylights to be minimised

and placed symmetrically. - Front roof plane is not to

have both dormer windows and skylights.

Articulated

450mm eaves

No traffic roof area

No skylights

No dormer windows

Fencing Front/return:

- To reflect design of dwelling.- To reflect character & height

of neighbouring fences. - Max 900mm high for solid

(picket can be 1m). - Max 1.8m high if 50% open

(any solid base max 900mm).

- Retaining walls on front boundary max 900mm.

- No colorbond or paling Max width of piers 350mm.

Front fence: Description: No front fence proposed Return fence: Description: side fencing amended to comply No retaining wall

N/a

Yes

Yes

Side/rear fencing: - 1.8m max o/a height.

Height:1.8m Materials proposed: Colour bond

Yes

Part 7.2- Waste Minimisation & Management Submission of a Waste Management Plan in accordance with Part 7.2 of DCP 2006.

The applicant has submitted a Waste Management Plan in accordance with Part 7.2 of

DCP 2006.

Yes

Part 8.2 - Stormwater Management Stormwater Drainage is to be piped in accordance with Part 8.2 - Stormwater Management.

Part 9.2- Access for People with Disabilities Accessible path required from the street to the front door, where the level of land permits.

Yes



Non compliances:

Wall above does not align with outside face of garage below. Clause 2.8.1, (f), Section 3.3 of DCP 2006 states that the outside of wall above a garage, which faces the street, is to align with the outside face of the garage wall below. The objective of this requirement is to ensure articulation in the front elevation and to prevent the 1st wall extending beyond the garage below.

The first bedroom is setback 900mm back from the outside face of the garage. The proposal complies with the above objectives as the indentation provides architectural relief to the front façade with the garage integrated into the design of the dwelling.

Side boundary hedges

The proposed side boundary hedges have a maximum mature height of 3.0m. A condition of consent is recommended requiring the type of hedge planting not to exceed a mature height of 2.7m. (Refer to Condition 71).

Building Sustainability Index: BASIX 2004

Dwelling 1:

BASIX Proposed Compliance Rainwater Tank

Installation of a 3000 litres rainwater tank

Noted on architectural plans and RWT shown on engineering plans

Yes

Hot Water Gas instantaneous – 5 star or higher

Noted Yes

Natural Lighting Installation of a window and/or skylight in the kitchen and 3 bathroom(s)/toilet(s) in the development.

Shown

Yes

Thermal Score PASS Pass Yes Energy Score Target 40% 40 Yes Water Score Target 40% 40 Yes



Dwelling 2:

BASIX Proposed Compliance

Rainwater Tank Installation of a 3000 litres rainwater tank

Noted on architectural plan Yes

Hot Water Gas instantaneous – 5 star or higher

Noted on architectural plan Yes

Natural Lighting Installation of a window and/or skylight in the kitchen and 4 bathroom(s)/toilet(s) in the development.

Noted

Yes

Pool Volume

37.7 Kl Approx 26.4 kl Yes Thermal Score PASS Pass Yes Energy Score Target 40% 40 Yes Water Score Target 40% 40 Yes

SUBDIVISION CODE The site is zoned Residential 2(a). The subdivision of the site is permissible with the consent of Council. Generally, the development standards contained in the RPSO are repeated in the Code.

Proposed Lot:

Dimensions: Area: Required

Comply Width Required

Frontage: Comply


501.9m2

(after road widening) otherwise 593.5m2

580m2 No Frontage: 10m Minimum width: 15m

16.8m to Woorang Street

Yes

2 16.861m x 37.5/36.6m

501.9m2

(after road widening) otherwise 593.5m2

580m2 No Frontage: 10m Minimum width: 15m

16.8m to Woorang Street

Yes



The proposed allotment sizes do not comply with the minimum site area as contained in RPSO, and this has been discussed previously under “SEPP 1 Objection” considerations. City of Ryde Section 94 Development Contribution Plan 2007 Council’s Section 94 Contribution Plan requires a contribution for the provision of additional allotments with the potential of accommodating a dwelling, thereby increasing the future population within the area. The proposed development would generate a required contribution of $17,856.97, detailed as follows:

Community & Cultural Facilities $3774.86 Open Space and Recreational Facilities $9292.91 Civic and Urban Improvements $3160.60 Roads and Traffic Management Facilities $431.04 Cycleways $269.30 Stormwater Management Facilities $855.66 Plan Administration $72.61 TOTAL $17,856.97

Note: December 2009 CPI figures have been utilised in the above calculations. 10. The likely impacts of the development, including environmental impacts

on both the natural and built environments and social and economic impacts in the locality:

Upholding a SEPP 1 objection is a precondition which must be satisfied before the proposed subdivision can be approved on a consideration of the merits. The submitted SEPP 1 objection is considered to be well founded and worthy of support. Previous discussion in respect of DCP 2006 has identified the proposal as worthy of support.

11. Suitability of the site for the development

The site is not classified as a heritage item or subject to subsidence. However, the site is located in an area subject to overland flow during storm events in excess of the piped system capacity and is affected by road widening. The proposed development involves the erection of two x four-bedroom dwellings. Subject to conditions of consent, the proposed dwellings fully comply with the relevant provisions of DCP 2006. In this regard, the proposal is considered to be a suitable form of development and is recommended for approval, subject to conditions.



12 Submissions from Public Authorities and the Public Interest:

As the site is affected by Reserved for County Road Widening and pursuant to Clause 12(2) of the Ryde Planning Scheme Ordinance concurrence from the Commissioner of the Road and Traffic Authority is required. The RTA has advised that there are no objections on property grounds to the submitted application provided any new buildings or structures are erected clear of the land required for road widening.

13. Consultation – Internal and External Internal Referrals:

Development Engineer: Council’s Development Engineer has provided the following comments: The applicant proposes to subdivide an existing lot into 2 lots and erect two separate dwellings. A referral was sent to the Catchments & Assets Unit who provided the following comments: ‘I refer to your memo of 29 September 2009 and the copy of the flood study submitted on 30 September 2009. The following comments are offered:- The applicant is proposing to demolish the existing dwelling, subdivide the property into two lots (Torrens Title) and construct two detached dwellings. a) Overland flow According to available information, No. 14 Woorang Street is located in an area

subject to overland flow during storm events in excess of the piped system capacity. Overland flow traverses the subject property and No. 12 Woorang Street in a northerly direction. The rate of overland flow affecting these properties during the 1 in 100 year ARI storm event has been estimated in previous studies at 0.55m3/s - (Reference 1: Ryde Stormwater Drainage Investigation, Willing & Partners Consulting Engineers, January 1990).

The applicant has commissioned GEC Consulting Group Pty Ltd to prepare a

flood study for the site.

The analysis for the existing and post developed situations indicates that this volume of flow would not have significant increase of TWL. Therefore it is considered to be no significant impacts on adjoining properties.



b) Floor Levels

The proposed FFL of the dwelling 1 and garage are RL75.34m and RL75.17m respectively.

The Consultant’s HECRAS model indicates a top water level of RL75.04m at the nearest cross section to the dwelling 1, which is located 2.5m upstream.

The proposed finished floor level of dwelling 1 has over 300mm freeboard above the 1 in 100 year ARI overland flow level.

Dwelling 2 is located outside the overland flowpath and will have no impact on overland flows.

c) Fences Rear and western side fences are located on the overland flowpath. Although the stormwater consultant has proposed to erect a permeable fence louvered type with minimum 500mm high opening, the stormwater plan (SW01) and the architectural plan (DA-02B 339/09) indicate 1.8m high colorbond fences, which is not acceptable.

d) Stormwater Disposal Property drainage from both of the dwellings is to be discharged via a control pit. However the detail of connection to Council’s stormwater line in No. 12 Woorang Street is not indicated on the stormwater plan.

RECOMMENDATION From a stormwater perspective there are no objections to approval of this application, subject to the inclusion of conditions of consent to the following effect:- 1. Fencing is to be constructed in a manner that does not affect the flow of flood

waters so as to detrimentally change flood behaviour or increase flood levels on surrounding land. A certificate to this effect shall be provided to the PCA from a suitably qualified professional engineer prior to the issue of the Occupation Certificate.

2. Connection to Councils system shall be in accordance with the detail shown on

page 82-116 of DCP 2008. The inspection of this work must be undertaken by a Council inspector. It is necessary for Council inspector to visit the site in 3 stages to check the work during excavation, construction (before back filling) and final inspection. Before commencement of work a fee of $390.00 (including GST) will be payable for the inspection’



Council’s Development Engineering Assessment Team has reviewed the stormwater concept plan prepared by GEC Consulting Group Pty Ltd drawing no. SW01 & SW02 dated 06.12.09 and provided the following comments: The applicant has amended the stormwater drainage plans to incorporate a combined system whereby the whole roof areas of each dwelling drain via gutters and downpipes drains into dual rainwater tanks that form part of the OSD and re-use system. The overflow including the driveway runoff all drain into boundary pits before connecting into Council’s active piped easement. The OSD volume and calculations are generally satisfactory. This has been shown on the drainage plan prepared by GEC Consulting Group Pty Ltd. BASIX requires the following for each dwelling: Dwelling 1 requires a minimum roof area of 197.77m² to drain into a 3000 litre rainwater tank which has been designed and shown on the drainage plan submitted; and Dwelling 2 requires a minimum roof area of 226.26m² to drain into a 3000 litre rainwater tank which has been designed and shown on the drainage plan submitted. The existing vehicle crossing is to be demolished and two new crossings are proposed to cater for vehicular access into the new garages. The garage door opening , driveway grades and internal dimensions have been checked and found to comply with AS2890.1:2004. From an engineering perspective, there are no objections to the approval of this application. The following conditions attached should be placed on any development consent issued. External Referrals The subject site is affected by road widening, and pursuant to Clause 12(2) of the Ryde Planning Scheme Ordinance concurrence of the Commissioner of the Road and Traffic Authority is required to “erect a building or carry out or alter a work of a permanent character or make or alter a permanent excavation”. Via a letter dated 23 October 2009, the RTA has advised that there are no objections on property grounds to the submitted application provided any new buildings or structures are erected clear of the land required for road widening. The proposed dwellings are setback 6m from the road alignment reserved for road widening, which is well clear of the land required for road widening. 15. Critical Dates There are no critical dates or deadlines to be met.



16. Financial Impact Adoption of the options outlined in this report will have no adverse financial impact 17. Other Options The only other available option is refusal of the application, based upon non-compliance with the provisions of Clause 41B(2) of the RPSO. 18. Conclusion: The proposed development involves:

• Demolition of the existing dwelling and related structures; • Subdivision the land into 3 allotments (2 residential allotments and a small

road widening allotment); • Erection of a two-storey dwelling on each proposed residential allotment (with

a swimming pool (lap pool) on proposed lot 2). The proposal will involve the creation of two residential allotments that do not comply with the minimum allotment areas as contained in the RPSO. A SEPP 1 objection has been provided in respect of the matter of the allotment areas. It is significant to recognise that if the proposed road widening is not implemented, as the project is at best presently listed as a long term project, then the proposed two residential lots will comply with the relevant provisions of the RPSO. Whilst a considerable proportion of this report has been devoted to consideration of the proposed subdivision and the associated SEPP 1 objection, it is important to note that the proposal also provides for the erection of two x four-bedroom dwellings, and subject to a few minor conditions of consent, full compliance has been achieved with the provisions of DCP 2006. In view of the irregular shape of both allotments this is a significant design outcome. The proposed development is considered to constitute orderly and economic development of the land and the proposed additional housing is considered to be in the public interest. Accordingly the application is recommended for approval, subject to identified conditions of consent. Finally, from an operational point of view, recommended Condition 8 will ensure that the order of development is demolition of existing structures, registration at Land Titles Office of the subdivision of the site, then erection of dwellings including necessary stormwater works. This will prevent the erection of the two dwellings without the land being subdivided.



5 ABORIGINAL HERITAGE OFFICE PARTNERSHIP

Report prepared by: Heritage Officer; Team Leader - Strategic Planning Report dated: 22/02/2010 File No.: GRP/10/4/001/3 - BP10/80

Report Summary In September 2009, Council resolved to join the Aboriginal Heritage office partnership from March 2010 for five years. The purpose of this report is to advise Council of the proposed projects and work that could be undertaken by the Aboriginal Heritage Office partnership. This report recommends that Council enter into a Memorandum of Understanding with the Aboriginal Heritage Office. By joining the partnership, Council will expand its understanding of Aboriginal significance located within its boundaries. This will form the basis of future education awareness programmes and assist Council to further establish effective links with the Aboriginal community and adjoining Councils. RECOMMENDATION:

a) Council enter into a Memorandum of Understanding with the Aboriginal Heritage Office based on the proposed five year work programme as identified in this report.

b) Sufficient funds as listed in the operational budget be dedicated to fund the

City of Ryde’s annual contribution to the Aboriginal Heritage Office over the five year period of the partnership.

ATTACHMENTS There are no attachments for this report. Report Prepared By: Garry Stanley Heritage Officer Lexie Macdonald Team Leader - Strategic Planning Report Approved By: Dominic Johnson Group Manager Environment & Planning



Background A report was presented to Council on the 1 September 2009, informing of the invitation to join the Aboriginal Heritage Office partnership. Council resolved:

(a) That the report of the Client Manager, dated 19/08/2009 on ABORIGINAL HERITAGE OFFICE PARTNERSHIP, be received and noted. (b) That Mr Robert Emerson and Mr David Watts be thanked for their presentation. (c) That the City of Ryde join the Aboriginal Heritage Office partnership from March 2010. (d) That Council Officers prepare a report on how best to utilise these services.

Report A partnership was formed in March 2000 between North Sydney Council, Lane Cove Council, Willoughby City Council and Warringah Council, to collectively fund and employ an Aboriginal Heritage Manager to assist the participating Councils in the effective conservation and protection of Aboriginal heritage sites. This initial agreement was for a period of five years, recently extended by a further five years with the addition of Manly, Ku-ring-gai, Pittwater and Armidale Dumaresq Councils. Since it was established the Aboriginal Heritage Office has developed an effective education programme delivering free talks, and walks, aimed at primary, secondary and university students, and art, history, culture and environment Interest groups. For the City of Ryde, the Office has advised that the work program over the 5 year period would involve the following: First Year

1. Aboriginal Sites Management Plan

• Gather Information from the Department of Environment and Climate Change of all Registered Aboriginal Sites.

• Re record all known Sites and items of significance within the Ryde Council area.

• Mapping of Sites within AHO GIS.

• Produce Aboriginal Sites Management Plan including;

Recommendations

Historical Context

Ryde Council Aboriginal Site cards

Aboriginal Site Definitions



Legislation

Conservation Framework

2. Potential Aboriginal Sites Mapping

A report will be prepared of potential Aboriginal archaeological sites within the boundaries of the City of Ryde. The report provides details on low potential to very high potential Aboriginal archaeological deposits and sites.

3. Planners and Assessors Training

Training will be provided to the Planners and Assessment Officers on use of the Potential area Report and the Aboriginal Sites Data Base.

Subsequent years

• School Education and Community Education work shops and programs

All Schools within the Ryde Council area will be sent information in regards to free presentations on Bush Tucker, Aboriginal Culture, Aboriginal Sites and Mock Archaeological Digs.

• Training will be proved to City of Ryde Out door staff and bush care volunteers on Aboriginal Sites Awareness.

• Assessment of impacts of development applications.

• Assistance and Liaison with the Metropolitan Local Aboriginal Land Council

• Seek Funding for Projects relevant for Ryde in relation to :

Conservation of Sites

Historical Research

Flyers/Brochures

• Involvement in Aboriginal Festivals and Events.

However the Office stated that the relationship requires a level of flexibility in relation to the identification of projects as the Office is serving a number of councils that have varying priorities.



It is suggest the time frames for the delivery of the projects for the first year is formalised into a work program/ time table following the signing of the Memorandum of Understanding in late March 2010. Consultation Council’s Community and Culture business unit was consulted. An Internal Workshop was held on 2 February 2010. City of Ryde Heritage Advisory Committee was advised of the partnership. External public consultation is not applicable at this stage. Critical Dates The Memorandum of Understanding is to be formalised on 27 March 2010. Financial Impact The contributions schedule for the 5 year period is as follows Year City of Ryde’s Annual Contribution 1 $33,000 2 $34,155 3 $35,350 4 $36,587 5 $37,868 Contributions are to be in advance, and on a quarterly basis. The first payment of $8,250 will be due late March 2010. Budget The Urban Planning budget does not have monies allocated to specifically fund this initiative. The Urban Planning budget for 2010 / 2011 and subsequent years need an increased allocation to fund this partnership. Policy Implications The project is consistent with Council’s legal obligations to manage Heritage resources within the City of Ryde. Other Options Council may choose to review Aboriginal Heritage exclusive of a partnership the specific requirements of arrangement. This may provide greater opportunity for tailoring a project to suit Ryde.



The partnership approach however, offers the advantages of cost savings and promoting information sharing and lobbying networks. Conclusion By joining the partnership, Council will expand its understanding of Aboriginal significance located within its boundaries. This will form the basis of future education awareness programmes and assist Council to further establish effective links with the Aboriginal community and adjoining Councils.



6 ADOPTION OF MACQUARIE PARK PEDESTRIAN MOVEMENT STUDY AND PROPOSED PEDESTRIAN STRUCTURE PLAN

Report prepared by: Place Manager Major Centres Report dated: 3/03/2010 File No.: GRP/10/4/001/3 - BP10/96

Report Summary This Report recommends the adoption of the Macquarie Park Pedestrian Movement Study (ATTACHMENT 1) and its Proposed Macquarie Park Pedestrian Structure Plan (ATTACHMENT 2 – titled Macquarie Park BMER). These documents will be used to refine relevant sections of the City of Ryde (CoR) Development Control Plan (DCP) 2006 – Section 4.5 Macquarie Park, its Structure Plan and relevant planning controls contained within the DCP. The amendments to the DCP will provide the platform for the implementation of a balanced approach to integrated transport management in Macquarie Park which gives equal consideration to the needs of pedestrians, public transport users and vehicles. The Macquarie Park Pedestrian Movement Study (ATTACHMENT 1) combines pedestrian modelling with spatial analysis and urban design. The Proposed Pedestrian Structure Plan (ATTACHMENT 2) recommends a network of pedestrian ways and pedestrian crossings, plus two small additions to the local street network proposed in the DCP. Staged implementation of Study recommendations over the next decade or more will improve social cohesion, public safety, street-level activation and economic activity around the three new train stations in Macquarie Park, in accordance with the objectives of the Macquarie Park Master Plan (2004). It will support Macquarie Park’s transition from a car dependent industrial park into a vibrant, sustainable, pedestrian friendly and public transport orientated commercial centre of national significance. RECOMMENDATION: (a) That Council adopt the Macquarie Park Pedestrian Movement Study Report

entitled “Macquarie Park Baseline Movement Economy Report” December 2009, by Space Syntax (ATTACHMENT 1).

(b) That Council adopt the Proposed Macquarie Park Pedestrian Structure Plan

(ATTACHMENT 2) as the basis for future refinement of the Structure Plan and relevant controls in the City of Ryde DCP 2006 (Section 4.5 Macquarie Park).

(c) That the Macquarie Park Pedestrian Movement Study Report and the Proposed

Pedestrian Structure Plan be presented to the Macquarie Park Forum.



ATTACHMENTS 1 Macquarie Park Pedestrian Movement Study Report entitled "Macquarie Park

Baseline Movement Economy Report" dated 1 December 2009 by Space Syntax

2 Macquarie Park Proposed Pedestrian Structure Plan 3 Table summarising submissions from TIDC and AMP regarding the Pedestrian

Movement Study Report and Proposed Pedestrian Structure Plan Report Prepared By: Nick Chapman Place Manager Major Centres Report Approved By: Dominic Johnson Group Manager Environment & Planning



Background The framework for the Macquarie Park Pedestrian Movement Study (and its Proposed Pedestrian Structure Plan) was first established in the transport and access section of the Macquarie Park Master Plan. The Master Plan was commissioned by the City of Ryde (CoR) and Department of Planning (DoP) and adopted by Council in 2004. The Master Plan proposes the establishment of a network of small local streets, cycle routes and pedestrian ways in Macquarie Park to support its transition into a vibrant, activated, pedestrian friendly place. The principal objective of the Master Plan is to reduce car dependence, promote the use of buses and trains to/from Macquarie Park and encourage people to move around the precinct on foot or on a bike. The transport principles in the Master Plan have also provided a foundation for:- • the CoR Integrated Transport and Land Use Strategy (ITLUS), adopted by

Council in August 2007, and • the Macquarie Park DCP, adopted by CoR in June 2008, and • the Macquarie Park Traffic Study, adopted in principle by CoR in August 2008 • the current review of LEP 137 Macquarie Park, known as CoR LEP 2008 draft

Amendment 1 - Macquarie Park. The Macquarie Park Pedestrian Movement Study is an important part of an overarching project called the Macquarie Park Integrated Traffic and Movement Study Project. The objective of this overarching project is to provide the necessary detail to facilitate implementation of a roads and pedestrian access network in the DCP and draft LEP which will strike a balance between the needs of pedestrians and vehicles in Macquarie Park. The overarching Integrated Study Project commenced in 2007. It has been jointly funded by CoR, Macquarie University, AMP (Macquarie Shopping Centre), Goodman and the Transport Infrastructure Development Corporation (TIDC), with “in-kind” support from the RTA. The Integrated Study consists of: • a “whole of Macquarie Park” traffic model using Paramics (completed 2008) • a prioritised list of recommended road and intersection improvements (completed

2008) • the Proposed Pedestrian Structure Plan (completed 2009) • a series of refinements to the roads and access network in the CoR DCP 2006

(section 4.5 Macquarie Park) which will give equal weight to the needs of pedestrians, public transport users and vehicles in Macquarie Park (DCP refinements to be prepared).

The outcomes of the overarching Integrated Traffic and Movement Study project will inform strategic planning, transport modelling, traffic and pedestrian movement planning and development assessment in Macquarie Park for the next 10 years and more, using a common set of modelled data, assumptions and strategies.



The traffic part of the Integrated Study was finalised during 2008 and adopted in principle by Council on 19 August 2008. The pedestrian movement part of the Study has now been finalised and is presented in this Report. Report The Macquarie Park Pedestrian Movement Study (ATTACHMENT 1) has been undertaken by Space Syntax, an international urban economics and strategic design company. Space Syntax has been developing its modelling technology and evidence-based spatial and urban design techniques in cities around the world for the last 30 years. Space Syntax was commissioned by CoR to test the road and pedestrian access network and precinct plans in the Macquarie Park DCP and to make evidence-based recommendations for enhancing their social and economic performance. The purpose of the Study is to develop recommendations to help achieve the following:- Economic generation - enhanced land value and increased income from retail, food and beverage outlets and street level, “shop front” services. Social cohesion - increased pedestrian traffic, vibrancy and street activation. Urban safety - safer, more “pedestrian friendly” and well-trafficked streets and public domain areas, where people feel comfortable and secure. The Space Syntax Study involved the following activities:- • assessment of local and regional movement networks in and around Ryde; • analysis of the current urban form in Macquarie Park eg building footprints, lot

boundaries, roads, land uses etc; • a series of pedestrian and traffic counts at multiple locations at various times of

the day/week; • analysis of the access network, precinct concept plans and new building

envelopes proposed in the DCP (including outcomes from the Traffic Study); • modelling where pedestrian traffic potential can be optimised in the future, to

generate maximum social and economic benefit; • spatial analysis and design of a network of pedestrian ways to maximise

pedestrian convenience, use, safety and economic generation potential. The spatial analysis part of the study combines movement planning with urban design. It recommends that economic generating land uses eg shop-front retail, street level services, cafes etc., are located at optimal points along the pedestrian routes proposed, thereby maximising economic returns for land owners. Social outcomes are also maximised because, as a rule, people feel at their most comfortable and safe when walking along busy, well-used pedestrian paths.



Once finalised and adopted, the proposed pedestrian network will be incrementally achieved over the next 20 years through master planning, site redevelopment, public domain and road infrastructure improvements. It is expected that the construction costs for the pedestrian network will mostly be funded by the development process through consent conditions, s94 contributions and voluntary planning agreements. The overarching objective is to implement an effective network of pedestrian ways and cycle routes in Macquarie Park to maximise its qualities as a vibrant, safe, economically productive, attractive and accessible public transport and pedestrian orientated place. The Proposed Pedestrian Structure Plan The Proposed Pedestrian Structure Plan (ATTACHMENT 2) has been developed by Space Syntax in consultation with CoR staff and the Integrated Study Stakeholder Reference Group. This includes representatives from CoR, TIDC, Goodman, AMP and Macquarie University. The Plan was reviewed on several occasions by a cross-divisional group within Council. A network of up to 60kms of pedestrian ways is proposed for Macquarie Park, using existing paths and proposed new ones. In some cases the proposed pedestrian ways extend along existing roads or creek corridors. Others are routed along the new streets proposed in the DCP, or take the form of new links through existing lots and open space. Some pedestrian ways will be combined with cycle paths to become shared-use paths, as proposed in the DCP and Public Domain Manual for type 1 roads (eg Waterloo Road). Urban villages Modelling of the existing and proposed pedestrian movement infrastructure in the Proposed Pedestrian Structure Plan has resulted in the identification of two “potential urban villages”, delineated by a dotted black line on the Proposed Pedestrian Structure Plan (ATTACHMENT 2). The modelling and spatial analysis which underpins the Study indicates that these two urban villages, around Macquarie University and Macquarie Park train stations, have the potential to become the most activated and pedestrianised areas within Macquarie Park. The Study recommends that these potential urban villages be recognised and supported through a coordinated approach to urban design, land use planning and movement infrastructure planning. If this is done successfully, the result will increase social cohesion, economic generation and urban safety. These outcomes help to achieve several key objectives outlined in the Macquarie Park Master Plan in 2004. The Pedestrian Movement Study Report, entitled “Baseline Movement Economy Report - Final Report - Space Syntax – 1 December 2009” (ATTACHMENT 1) makes a number of recommendations for the successful implementation of the Proposed Pedestrian Structure Plan (see p 6 of Study Report), summarised as follows:- • Typically the pedestrian ways will be 2.5m to 3.5m wide and constructed in

accordance with the Macquarie Park Public Domain Manual.



• The pedestrian ways in the Proposed Pedestrian Structure Plan typically follow

the shortest and most desirable pedestrian route from one point to another. • Pedestrian ways will incorporate “safer by design” best practise eg clear site lines,

signage, effective lighting and appropriate landscaping to enhance personal security and comfort.

• Some proposed pedestrian ways will pass through or between large commercial buildings.

• Where practicable, the pedestrian ways will be owned and/or maintained by CoR and will be useable by the public 24 hours a day.

• Pedestrian ways will preferably cross roads at grade, taking advantage of existing or proposed intersections, traffic islands, pedestrian lights and/or crossings.

• Although not preferable, it is likely that some major road crossings will only be achieved via a pedestrian bridge or underpass eg Lane Cove Road, Epping Road.

The pedestrian movement part of the Study took account of the modelling and outcomes of the Traffic Study adopted by Council in August 2008. The intention is that the pedestrian part of the study compliments and enhances the traffic part, and vice versa. To this end, the Proposed Pedestrian Structure Plan incorporates two small additional road sections to be considered by CoR for incorporation in the DCP Access Network, including a proposed new road bridge across Shrimptons Creek. The extra road sections will enhance local traffic flow and pedestrian/cycle movement. The proposed road sections will be subject to further modelling and feasibility analysis by CoR and/or landowners as part of the precinct planning or master planning process. Next steps The following steps are envisaged:- March 2010

Endorsement by Council of Pedestrian Movement Study and Proposed Pedestrian Structure Plan

April 2010 onwards

Information sessions for agency and commercial stakeholders and their agents about Study recommendations and outcomes

2010/2011

Incorporation of Proposed Pedestrian Structure Plan and recommended controls in a review of relevant DCP sections (NB reviewed DCP sections will be publicly exhibited).

On-going

Incorporation of Study findings, recommendations and proposed pedestrian ways in station precinct plans and/or master plans being developed by public and private sector stakeholders in Macquarie Park

On-going

Construction of pedestrian way sections during site redevelopment and/or road construction and/or public domain works (subject to available funding and approvals)



Consultation Internal Council business units consulted included:- • Access Unit • Environment Unit Internal Workshops held:- • Several meetings have been held involving the Space Syntax Consultants,

members of the CoR Executive Team and staff. City of Ryde Advisory Committees consulted:- • The Consultants provided two detailed briefings for the Macquarie Park

Landowners Forum. CoR staff have also provided regular updates. External public consultation included:- • A Stakeholder Reference Group was convened by Environment and Planning

Division, made up of the following groups who contributed funds to the Integrated Traffic and Movement Study Project – Macquarie University, AMP (Macquarie Shopping Centre), Goodman, TIDC, RTA. From time to time, representatives from other organisations attended these Stakeholder Reference Group meetings as observers eg RailCorp, TransUrban, MoT. The Group met approximately 7 times, most recently on 11 December 2009.

Comments Internal consultation:- The development of the Proposed Pedestrian Structure Plan and Pedestrian Movement Study Report has been undertaken in close consultation with a cross-divisional working group of CoR staff from Environment and Planning and Public Works, External consultation:- The development of the Traffic and Pedestrian Movement Parts of the Integrated Traffic and Movement Study has been undertaken in consultation with members of the Stakeholder Reference Group over a period of two years. The draft Final Pedestrian Movement Study Report and Proposed Pedestrian Structure Plan were presented to the Stakeholder Reference Group on 11 December 2009 and members were invited to submit their comments. AMP and TIDC provided submissions by the due date of 3 February 2010. A Table has been prepared (ATTACHMENT 3) summarising the points made by TIDC and AMP, with recommended CoR responses. Critical Dates There are no critical dates or deadlines to be met.



Financial Impact The combined cost of the Traffic Study and this Pedestrian Movement Study was $258,000. Sixty-nine percent of total study costs have been funded by members of the Stakeholder Reference Group (Macquarie University, TIDC, AMP, Goodman) with the remaining 31% ($80,000) being funded by CoR. In the medium to long term there will be costs to Council associated with the construction of priority footpath sections identified in the Proposed Pedestrian Structure Plan which cannot readily be funded from developer contributions. Any Council funded future works will be from the Macquarie Park Special Rate Reserve. Policy Implications The recommendation will result in future changes to the Macquarie Park DCP and VPA process in order to achieve integrated transport outcomes identified in the Pedestrian Movement Study and Traffic Study. Conclusion Macquarie Park is identified as a Specialised Centre in the State Government’s Metropolitan Strategy because of its national significance as a research and employment centre. Its working population is expected to double by 2031, making it the 4th largest business district in the country. Traffic congestion in Macquarie Park threatens to undermine its future sustainability. At present, 85% of the workforce commutes to Macquarie Park in the car. The Traffic Study part of the Macquarie Park Integrated Traffic and Movement Study has a target to achieve a 40:60 modal split by 2031 (ie 60% of commuters will get to work by car and 40% by public transport, cycling or walking). In order to achieve this modal split, significant change will be required in travel behaviour, urban design and the provision of movement infrastructure. Macquarie Park will need to change from being a car dependent place to a pedestrian friendly, public transport orientated place. The completion of the Pedestrian Movement Study (ATTACHMENT 1) and the Proposed Pedestrian Structure Plan (ATTACHMENT 2) is a major milestone. It has “prepared the ground” for Macquarie Park’s transition into a pedestrian friendly place, based on state of the art pedestrian modelling, sophisticated spatial analysis and quality urban design. The next challenge will be to integrate the findings and recommendations of the Traffic Study (2008) and this Pedestrian Movement Study and to facilitate an integrated approach through a refinement of relevant sections of the structure plan and some of the planning controls in the CoR DCP 2006 (section 4.5 Macquarie Park). The DCP will provide the platform for the implementation of a balanced approach in the future which gives equal consideration to the needs of pedestrians, public transport users and vehicles in Macquarie Park.



Macquarie Park Movement Study and Proposed Pedestrian Structure Plan Table summarising comments received and recommended responses Comments were received from AMP and TIDC in February 2010 regarding the Pedestrian Movement Study Draft Report & Proposed Pedestrian Structure Plan. Who Comment CoR response AMP 1.Study has not modelled

within shopping centre CoR advised Stakeholder Reference Group (including AMP) in 2008 that the study scope does not include detailed modelling within the Shopping Centre or University Campus. This needs to be done as part of a master plan.

2. Study outcomes should not be accepted as the defining position statement for future development intent

Master planning of large sites will contribute significantly to the final positioning of new pedestrian ways. Other factors will also come into play (eg 24 hour public access arrangements).

TIDC 1. Structure Plan does not include a pedestrian footbridge from M2 site across Delhi Rd to Nth Ryde Station

The Study recommends against pedestrian bridges in favour of at-grade crossings which are more pedestrian friendly. A pedestrian link from the M2 site to the station will be defined during the site master planning process.

2. Insufficient analysis and modelling in/around the North Ryde Station precinct.

Modelling and spatial analysis around Nth Ryde Station is the same as was done around the other stations. It extends to 3kms around the entire area of Macquarie Park defined in the LEP.

3. Concern that a potential urban village has not been identified for Nth Ryde Station Precinct

The modelling and spatial analysis does not demonstrate sufficient potential movement infrastructure, linkages and urban density to support an urban village around Nth Ryde Station Precinct, although some increased economic activity and social cohesion is anticipated following the development of the TIDC M2 sites.

4. TIDC notes that anticipated pedestrian activity around North Ryde Station is expected to be equal to, or greater than activity around Meadowbank and West Ryde

Noted.

5. TIDC requests clarification about how the recommendations will be incorporated in EPIs etc

Recommendations from the traffic Study and the Pedestrian Movement Study will be integrated and will form the basis of a review of relevant sections of the Macquarie Park DCP (structure plan and relevant controls). This will include public exhibition.



Who Comment CoR response 6.TIDC requests that

proposed planning provisions for its site continue to be deferred pending completion by TIDC of relevant master planning and supporting studies

Noted.

7. Funding needs to be allocated for the recommended high resolution investigations into pedestrian movement to and from the TIDC sites, particularly in relation to the sites adjacent to M2 and Delhi Rd

Noted and supported. Investigations for pedestrian access for private developments should be funded by the relevant developer.



7 RYDE HUNTERS HILL COMMUNITY HOUSING COOPERATIVE - Board membership

Report prepared by: Team Leader - Design and Development Report dated: 5/02/2010 File No.: GRP/10/4/001/3 - BP10/42

Report Summary The purpose of this report is to recommend to Council that a Council staff person no longer be a member of the Ryde Hunters Hill Community Housing Co-Operative Board of Directors. RECOMMENDATION: (a) That the resignation of the staff member of Council’s Urban Planning Unit as a

Director of Ryde Hunters Hill Community Housing Co-Operative be endorsed. (b) That Council staff offer to attend Board meetings of the Ryde Hunters Hill

Community Housing Co-operative on an ‘as needs’ basis in order to update the Board on relevant matters.

ATTACHMENTS There are no attachments for this report. Report Prepared By: Kate Higgins Team Leader - Design and Development Report Approved By: Dominic Johnson Group Manager Environment & Planning



Background Ryde Hunters Hill Community Housing Co-Operative is a community based, not-for profit housing provider whose primary aim is to provide secure and affordable accommodation to people on low incomes or with special needs. The service started in Ryde in 1984 and has since expanded to six other local government areas, Auburn, Baulkham Hills, Hornsby, Hunters Hill, Parramatta, and Willoughby. However, Ryde LGA provides the bulk of the Co-Operative’s housing stock (87% of 182 properties). In 2008 Ryde Hunters Hill Community Housing Co-Operative invited the City of Ryde to nominate an officer of Council to apply for membership of the Co-Operative’s Board of Directors. The City of Ryde’s membership of the Board was reported to Council on 1 April 2008. The role of the Council officer was to be to report to the Board on Council projects that related to affordable housing matters, and to report back to Council on relevant matters raised by the Co-operative. The Council officer to come from the Urban Planning Unit or the Community Services Unit. At its meeting of 1 April 2008 Council resolved

That the General Manager be delegated the authority to nominate a staff member to submit an expression of interest for Board membership of the Ryde Hunters Hill Community Housing Co-Operative, and that if successful, the staff member take up a position on the Board.

As Council’s Urban Planning Unit were preparing an affordable housing study as part of the Local Planning Strategy it was considered appropriate that an officer from Urban Planning take up membership of the Board as it was thought that this would assist with the preparation of the study. Report Ryde Hunters Hill Community Housing Co-operative provides homes for tenants in the seven local government areas of Auburn, Baulkham Hills, Hornsby, Hunters Hill, Parramatta, Ryde and Willoughby. It is a community based, nonprofit housing provider whose key role is to provide secure and affordable accommodation to people on low incomes or with special needs. The Co-operative provides the following services:

• management services to current tenants; • manage the waiting list of people seeking provide secure affordable

housing; and • growth services to seek and acquire by lease, ownership or other

agreement to increase the supply of housing managed by the Co - operation.



The Board meets 11 times a year and is primarily comprised of persons who are interested in the delivery of housing stock to address the needs of our community. The matters discussed at the Board of Directors meetings primarily concern property management issues and organisational growth matters. The Draft Affordable Housing Strategy (Stage 2) outlined options that Council could explore to create a supply of Council owned affordable housing. The Ryde Hunters Hill Community Housing Co-operative could have provided management services for this stock. The City of Ryde does not currently have any affordable housing which it owns. A member of the Urban Planning Unit, Kate Higgins, was nominated by the then General Manager in 2008 for membership of the Board, and was subsequently successful in her application to be a Director. Given that State Environmental Planning Policy (Affordable Rental Housing) 2009 is now in effect, Board membership by a staff person from Council’s Urban Planning Unit or Community Services Unit is no longer considered necessary. In addition, the Council staff person who is a Director of the Board assumes personal liability for decisions of the Board which can be an issue for the member of staff. In lieu of a staff person being a Board member it is proposed that a representative of the City of Ryde could offer to attend Board meetings on an as needs basis in order to update the Ryde Hunters Hill Community Housing Co-operative Board of any relevant matters. Consultation Internal: The Group Manager Community Life. Critical Dates There are no critical dates or deadlines to be met. Management Plan Budget / Linkages Board membership of the Ryde Hunters Hill Community Housing Co-Operative is not included in the Management Plan 2009 - 2013. Board membership of the Ryde Hunters Hill Community Housing Co-Operative does not form part of the Operational Budget for the Urban Planning Unit. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact.



Other Options A Council staff person continues as a Board member. Conclusion It is no longer relevant for a staff member of Council’s Urban Planning Unit be a Director on the Board of Ryde Hunters Hill Community Housing Co-operative.



8 SKATE FACILITIES ACROSS THE CITY OF RYDE

Report prepared by: Open Space Planner Report dated: 18/02/2010 File No.: GRP/10/2/001/3 - BP10/73

Report Summary This report provides a synopsis of the two Councillor workshops, conducted on 9 June 2009 and 24 November 2009, for the provision of skate facilities throughout the City of Ryde. The report offers recommendations on how the City of Ryde can improve its ability to cater to the recreation needs of youth and skate, cycle and scooter enthusiasts. At the conclusion of Workshop 2, a report was requested that would provide options for the implementation of skate facilities across the City. This report provides a discussion on the various options. RECOMMENDATION: (a) That Council select Option B – to create skate paths along Ryde River Walk and

Shrimpton’s Creek with funding allocated in future capital works budgets. (b) That a full costed programme of works be brought back to Council for

consideration. (c) That Council is kept informed on the outcomes of all community engagement

regarding skate facilities within the City. ATTACHMENTS 1 Examples of the Skate System approach 3 Pages Report Prepared By: Fiona Morrison Open Space Planner Report Approved By: Simone Schwarz Group Manager - Community Life



Background In 2008/9, the City of Ryde commenced negotiations with Hunter’s Hill Council to form a partnership to construct a skate facility at Gladesville Reserve (within the Hunter’s Hill local government area (LGA)). During this negotiation, Councillors requested that further analysis be undertaken on the opportunities and potential for the provision of a skate facility within the City of Ryde. Two Councillor Workshops were conducted in 2009 that assessed the feasibility of providing skate facilities in the parks and open spaces within the City. The first provided a snapshot of current trend in skate parks, what other Councils are doing in their LGA’s and an assessment of all City of Ryde parks on their suitability as a location for a skate facility. The assessment included three elimination factors and nine complimentary criteria as outlined below. Elimination Factors:

1. The park is a “Natural Area” as defined by Section 35E of the Local Government Act,

2. The park size less than 1,000m2, and 3. The park is of cultural heritage significance.

Complimentary Assessment Criteria:

1. Access to an existing / proposed on street or off street trail, such as Shrimpton’s Creek or Ryde River Walk,

2. Access to on or off street car parking, 3. Proximity to public transport – Bus, 4. Proximity to public transport – Train and ferry, 5. Proximity to schools, 6. Proximity to shops, 7. Estimated impact on surrounding residential areas, 8. Exposure to passive surveillance, and 9. Provision and type of existing park facilities, such as toilet block, seating,

lighting etc. Each park was given a score out of five for each of these criteria and the accumulated scores where used to rank each park according to their suitability as a potential location for a skate facility. The following parks were presented to Councillors in Workshop One as being the most suitable parks within the City for a skate facility.

1. Eastwood Park 2. Meadowbank Park 3. Waterloo Park 4. Wilga Park 5. Blenheim Park 6. Within the Macquarie University grounds



Following a discussion of these findings, Councillors narrowed the suitability list and requested further investigation and feasibility testing for a skate facility at Meadowbank Park, Blenheim Park, ELS Hall Park and within the grounds of Macquarie University. This assessment was presented during the second workshop. Report As discussed during Workshop 2 – Youth Precincts and Skateparks (24/11/09), a current approach to the provision of skate facilities is through the creation of a Skate System. This approach aims towards meeting the recreation needs of the community while ensuring equitable access and reduction of potential conflicts between users. A similar approach is used in the planning and design of playgrounds, where large playgrounds are placed in regional parks (such as Putney Park) and then scaled down to the play facilities commonly found in Ryde’s pocket parks. The benefits of this type of approach for skate facilities can include the following:

- Increased distribution of facilities across the City and thus increasing the recreational potential for the community;

- Creation of facilities that can cater to all abilities and techniques, - Creation of a central hub (such as the youth precinct) that will offer more than

a skate park and incorporate playgrounds, courts sports and other recreation; - Provision of multi-use facilities within existing park landscape that will blend

into the landscape of the Park; - Remove the concentration of all skate facilities in one location and the

consequences of this, including overcrowding; - Enable the integration of wheeled recreation activities (skate boards,

scooters, bicycles) with other existing recreation elements, including trails and cycle ways; and

- Increased passive surveillance for both the skate facilities and the adjoining parklands with a mixture of users at near the skate facility;

The elements of the Skate System approach are skate paths, skate spots and youth hub / precincts. The nature of each of these levels of facility are summarised on the following page together with a conceptual plan of its application within the City of Ryde.



Images of each level of facility are contained in Attachment One.



It was within the context of the Skate System that the feasibility of the three Council parks (that is, Meadowbank Park, ELS Hall Park and Blenheim Park) and the grounds of Macquarie University were assessed for suitability as a location for a skate facility. The results of this assessment were a follows. Results of the Feasibility Testing Meadowbank Park With large open grasslands, a wide variety of existing uses that includes organised sports and informal and passive recreation and close proximity to public transport nodes (bus, train and ferry), Meadowbank Park offers opportunities for a youth recreation precinct. Such a facility could include a larger children’s playground, an enclosed dog off leash area, basketball courts, badminton courts, a skate facility, picnic areas and landscaping. The benefits of Meadowbank Park are the potential to compliment and balance the existing uses of the park as a regional recreation venue with some unstructured recreation opportunities. The recommended location for a recreation precinct of this type is at the northern face of the Park adjacent to Smalls Creek. This location is preferred as will not have any impacts on the existing uses of the Park, is adjacent to existing car parking facilities and offer good passive surveillance from Constitution Road. The Parks proximity to the Ryde River Walk is another advantage. With the inclusion of the Ryde River Walk as a potential skate path, the provision of a larger recreation precinct at Meadowbank Park can support the multifunctional use of the Ryde River Walk. ELS Hall Park ELS Hall Park is centrally located on the Shrimpton’s Creek Corridor providing off road connections into Macquarie Park, Macquarie University and the other surrounding services. Furthermore, the Park is currently undergoing the construction of the new indoor recreation facility that will increase visitation and usability of the Park. In terms of the park’s suitability for the installation of skate facilities, the Park is best suited to the creation of a skate spot where the facility is smaller and the facility can be integrated into the existing landscape of the Park. Whilst the facility would be smaller in size, it can be complemented by the use of the Shrimpton’s Creek corridor as a skate path resulting in a larger network for users without the concentration of activity within one location.



Blenheim Park Blenheim Park is a very popular destination for the local community because of the expansive playground and the dog off leash area located within the Park. The potential for any new facility at this location must consider any impacts of the current usage of the Park. In light of this, it was recommended that Blenheim Park be a location of a skate spot that would suit younger and or skaters who are learning how to skate. Macquarie University Two meetings were held with the staff of the University were discussions were focused on what opportunities there could be to create a partnership between Council and the University to develop a facility on the university campus. The location of any potential facility would be within the Sports Precinct, at the rear of the pool and gym, as shown on the images below.

While the University was happy to indicate their in principle support to creating a partnership with Council for the development of a facility, there a number of limitations that come with the university proposed location of the facility. These are:

- Proposed location is in excess of 1000m from transport and shopping nodes, - Hours of opening will be limited to 6am - 10pm, - Discussions have indicated the desire to have a fee / membership to use the

facility, and - Proposed style of the facility will be modular.

Thus the challenges to overcome include:

- Public awareness of availability of the facility, - The events driven focus of the facility, and - Ongoing free access to the facility



Recent correspondence (9 February 2010) from David Munro, General Manager – Sport Programs and Events from Macquarie University has confirmed this.

From: David Munro [mailto:[email protected]] Sent: Tuesday, 9 February 2010 5:16 PM To: Peter Hickman Cc: Cindy Hoad Subject: Skateboard Park

Hi Peter, A quick update for you on the skateboard park development: - We will conduct the student group forum in the next couple of weeks once students return to campus - We have had a site visit to Monster Skate park in Sydney Olympic Park to review their operations - At this stage we are looking at a 'user pays' controlled venue adjacent to the Sport and Aquatic Centre. Access would be via the existing reception - We are beginning work with the University Office of Facilities Management (OFM) to ascertain the best location for a potential park and design options etc. In order to progress we will now start to gather information from builders etc. Do you have any contact details of builders that Council has used previously for this type of development? Also, are your facilities all concrete or do you have some timber (masonite) structures? Finally, can you please confirm the amount Council would be prepared to contribute to the project? From our last meeting I had notes suggesting that Council would contribute up to $125k on a 50/50 cost split? I will touch base again once I have some results from the student forum. Regards, David Munro General Manager - Sport Programs & Events

Options for the provision of Skate Parks across the City During the consultation in Ryde 2030 it was evident that the community desires skate facilities and youth recreation facilities within the City. With this knowledge and based on the feasibility testing and assessment of the City’s parks and open spaces, there are a number of options that can be considered for each level of facility with the Skate System.



Skate Path Small skate facilities could be located adjacent to the existing walkways and shared pathways on the Ryde River Walk and Shrimpton’s Creek Corridor in the following locations:

- Memorial Park, - Meadowbank Park, - Anderson Park, - Settlers Park, - Santa Rose Park, and - Yamble Park.

Other potential locations may include Darvall Park, Ryde Park, Waterloo Park and Marsfield Park where small facilities could be integrated into the existing Park infrastructure. Skate Spots As a result of the feasibility assessment, ELS Hall and Blenheim Parks were considered appropriate locations for a skate spot. Wilga Park may be also appropriate for a skate spot to be included. The recently completed Gladesville Reserve skate park is an example of a skate spot. Youth Precinct Meadowbank Park is considered to be the most appropriate location for a multiuse recreation area for youth and other non-structured recreation activities. This could include basketball court, skate facilities and a larger playground. Where to Now? A decision is now required on how to progress with the provision of skate facilities in the City of Ryde. There were four options presented to Councillors during Workshop 2 and these were as follows: Option A - Commence planning and community discussion on the following:

Youth and Unstructured Recreation Precinct at Meadowbank Park Skate path along Shrimpton’s Creek and Ryde River Walk Skate Spot at Blenheim Park

Option B - Create skate paths along Ryde River Walk and Shrimpton’s Creek with funding allocated in future capital works budgets.

Option C - Commence formal negotiations with Macquarie University for a managed facility at the Macquarie University Sports Precinct with funding allocated

in a future capital works budget. Option D – Do nothing



Analysis of the Options Pro’s Con’s Option A - The provision of a Youth and

Unstructured Recreation Precinct in Meadowbank Park can meet the needs of a wide group of users.

- This is a city wide approach to providing skate that will result in facilities be provided in West Ryde, Meadowbank, Putney, North Ryde, Macquarie Park and Marsfield.

- Offers a long term goal for the provision of skate and youth areas across the City.

- Can cater to all ages and abilities across the City.

- Previous community consultation has been undertaken for the development of a facility in Meadowbank Park.

- The community perception about skate facilities.

Option B - This approach will result in the development of skate paths throughout the City. This will include small skate facilities located in the following suburbs: West Ryde, Meadowbank, Putney, North Ryde, Macquarie Park and Marsfield.

- Is the first step towards the implementation of a strategic approach to the provision of skate facilities in the City of Ryde.

- Offers a long term goal for the provision of skate and youth areas across the City.

- Limited to small facilities and therefore cannot cater to all abilities and types of skate recreation activities.

- The community perception about skate facilities.

Option C - Council has undertaken successful partnerships for the provision of skate facilities with Hunters Hill Council.

- A skate facility will be located within the City of Ryde,

- Offers potential to integrate further with sport and recreation at the University.

- Proposed location is in excess of 1000m from transport and shopping nodes,

- Hours of opening will limit public access.

- Proposed fee / membership to use the facility could limit public assess.

- Public awareness of availability of the facility,



Pro’s Con’s Option D - No financial outlay. - Council will not have any skate

facilities within the City of Ryde. - Ryde’s youth, parents and skate

enthusists will have to travel to facilities outside of the City or Ryde.

- Encourages the skating community to use Ryde’s existing urban areas and parklands for skating, including Macquarie Park, Eastwood and Top Ryde.

Consultation Internal Council business units consulted included:- • Not Applicable Internal Workshops held:- • Skatepark Workshop, 9 June 2009 • Youth Precincts and Skateparks – Workshop 2, 24 November 2009 City of Ryde Advisory Committees consulted included:- • Ryde Youth Council (A workshop was conduced in conjunction with Hunters Hill

Council in July 2009 to discuss the Gladesville Park skate facility and general questions were raised by staff to the members of the Council as to what makes a good skate facility and where, in their opinions, throughout the City could skate parks be located.)

External public consultation included:- • Meetings and discussions were held with Macquarie University Staff,

specifically, o Mr Craig Oliver, CEO U@MQ Ltd, o Ms Dee Anderson, Executive Director Campus Experience o Mr David Munro, General Manager – Sport Programs and Events

Comments To date, this investigation and assessment of parks for potential as a location for a skate facility has been limited to Councillors, staff and personnel at Macquarie University. Should Council resolve to progress with the implementation of skate facilities in the City, a thorough community engagement process would be conducted in alignment with the City of Ryde Community Engagement Framework and Strategy.



Critical Dates There are no critical dates or deadlines to be met. Financial Impact There are financial implications of the options in the report however the calculation of costs at this early stage has not been completed. It is recommended that a full analysis of the costs of implementation be done when Council and the community have been involved with the detailed site selection and design of any potential skate facilities. Should the decision be to progress with constructing skate facilities in the City, funding may be allocated in future Capital Budgets. Policy Implications There are no policy implications through adoption of the recommendation. Other Options Other options may include the selection of alternative parks for skate facilities Conclusion Council, during the Works and Community Committee of 9 February 2010, has resolved that further community consultation is to be undertaken on the potential to provide a youth and unstructured recreation precinct at Meadowbank Park in the development of the Ryde Riverside Reserve Plan of Management and the Meadowbank Park Masterplan. The City of Ryde needs to provide recreation opportunities for the Youth and the wheeled recreation enthusiasts of the City. The application of the Skate System approach to skate parks will enable Council to integrate these recreation opportunities in to existing fabric of the City’s parks and offer new places for the people of Ryde of all ages and abilities to become active and enjoy their parks and open spaces.



9 LOCAL GOVERNMENT MANAGERS AUSTRALIA NATIONAL CONGRESS

Report prepared by: Business Services Co-Ordinator Report dated: 3/03/2010 File No.: GRP/10/3/001/3 - BP10/98

Report Summary This report is presented to Council to endorse the Mayor and nominated Councillors to attend the Local Government Managers Australia National Congress and Business Expo to be held in Adelaide from 16 to 19 May 2010. RECOMMENDATION: (a) That the Mayor and nominated Councillors attend the 2010 Local Government Managers’ Association National Congress to be held in Adelaide from 16 to 19 May 2010. (b) That Council note that the General Manager together with nominated senior staff will be attending this Conference. ATTACHMENTS There are no attachments for this report. Report Prepared By: Shane Sullivan Business Services Co-Ordinator Report Approved By: Roy Newsome Group Manager - Corporate Services



Background The LGMA is the leading professional association representing managers and aspiring managers in local government throughout Australia and Asia-Pacific. It was founded in 1936 and now has around 2,500 members. Previously, the Mayor and General Manager or their nominees have attended the congress. Report The Local Government Managers Australia National Congress and Business Expo to be held in Adelaide from 16 to 19 May 2010 will revolve around the theme of Re-Generation. The aim is that theme will capture the challenges and opportunities facing local government in the current environment and will include three streams of Recovery, Resilience and Resources. Recovery: will look at the challenges local government faces in assisting communities in recovering from crises whether they be climatic or financial. Resilience: will focus on planning and preparation for the challenges people and communities face as a result of the global financial crisis, and climate change. Resources: will focus on the capacity of local government to meet ever growing community expectations. This will include issues around customer service, women in the workplace, change management and exploring different ways of working. In addition, the Congress will include some sessions around increasing women’s participation as 2010 is the Year of Women in Local Government. A copy of the Congress Program is provided UNDER SEPARATE COVER. Consultation Internal Council business units consulted included:- • Nil Internal Workshops held:- • Nil City of Ryde Advisory Committees consulted included:- • Not Applicable External public consultation included:- • Nil



Critical Dates In order to receive the Early Bird Registration discount payment must be received by 10 April 2010. Financial Impact Early bird delegate registration for the LGMA National Congress is $1,675 for non members and $1,575 for members. Travel, accommodation and meal expenses are estimated at $1,200 per person. Costs in respect of Councillor/s attendance will be met from the Councillor Expenses budget. Other Options Council could resolve not to send a Councillor or staff delegate to this Conference. Conclusion It is recommended that the Mayor and nominated Councillors attend the 2010 Local Government Managers’ Association National Congress to be held in Adelaide from 16 to 19 May 2010. The General Manager will be attending this Conference together with nominated senior staff. If Council attends this Conference, Council’s representative will be required to provide a report to Council on the findings and recommendations from the Conference.

Committee of the Whole - City of Ryde · 3/16/2010 · and Services Group) as well as the...

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Transcript of Committee of the Whole - City of Ryde · 3/16/2010 · and Services Group) as well as the...