HURSTVILLE CITY COUNCIL
CIVIC CENTRE, MACMAHON STREET, HURSTVILLE.
__________________________________


SUMMARY OF ITEMS CONTAINED IN THE
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - SECTION ONE' REPORT
TO THE MEETING OF THE DEVELOPMENT, HEALTH AND PLANNING COMMITTEE
TO BE HELD ON 98 01 28TH JANUARY, 1998-



05:01 Ward Councillors' Reports

05:02 Development Applications - Hurstville Ward
05:02.01 Shop 2, 183B Forest Road, Hurstville (D.A. 80/96)
Request for Permanent Approval of Trading Hours to 3.00 am Monday to Saturday

05:02.02 313 Forest Road, Hurstville (Cnr. Forest Road and Bridge Street) (D.A. 202/97)
Section 102 Modification to Existing Development Consent for a 9 Storey Mixed Use Development

05:03 Development Applications - Penshurst Ward
05:03.01 477-479 King Georges Road, Beverly Hills (D.A. 314/97)
Chinese Seafood Restaurant

05:03.02 28 Pitt Street, Mortdale (D.A. 174/97)
Brothel

05:04 Development Applications - Peakhurst Ward
05:04.01 51, 51A, 53 Woodlands Avenue, Lugarno (D.A. 110/97)
Residential Development Containing 8 Dwellings and Parking for 17 Cars

05:04.02 91 Mulga Road, Oatley (D.A. 249/97)
Mixed Use Development Consisting of Ground Floor Retail and Office Suites and Two Levels of Residential for Six (6) Units With Basement Parking for 20 Vehicles

05:05 Miscellaneous and Other Matters
05:05.01 Development Applications Received Between 1 December and 31 December, 1997. (File T/01244)

05:05.02 Development Applications Determined Under Delegated Authority from 1 December to 31 December, 1997. (File T/01243)

05:05.03 Appeal Against Council's Refusal Of DA 114/97 - 15 Coleridge Street, Riverwood - For A 2 Storey Residential Development Containing 5 Units Over 1 Level of Basement Parking

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - SECTION ONE
REPORT NO 01TO THE DEVELOPMENT, HEALTH AND PLANNING COMMITTEE
TO BE HELD ON 98 01 28TH JANUARY, 1998-


The General Manager
Hustville City Council
The Civic Centre
HURSTVILLE

Dear Sir,

Hereunder is my report No.01 to be submitted to the DEVELOPMENT, HEALTH AND PLANNING Committee:-


05.01 WARD COUNCILLORS' REPORTS



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02 DEVELOPMENT APPLICATIONS - HURSTVILLE WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.01 SHOP 2, 183B FOREST ROAD, HURSTVILLE (D.A. 80/96)
REQUEST FOR PERMANENT APPROVAL OF TRADING HOURS TO 3.00 AM MONDAY TO SATURDAY
(Report by Manager, Development Services, Ms. G. Vereker)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.01
DEVELOPMENT & HEALTH

HEADING: Recommendation SHOP 2, 183B FOREST ROAD, HURSTVILLE (D.A. 80/96)
REQUEST FOR PERMANENT APPROVAL OF TRADING HOURS TO 3.00 AM MONDAY TO SATURDAY
(Report by Manager, Development Services, Ms. G. Vereker)


. Recommendation SHOP 2, 183B FOREST ROAD, HURSTVILLE (D.A. 80/96)
REQUEST FOR PERMANENT APPROVAL OF TRADING HOURS TO 3.00 AM MONDAY TO SATURDAY
(Report by Manager, Development Services, Ms. G. Vereker)



RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.02 313 FOREST ROAD, HURSTVILLE (CNR. FOREST ROAD AND BRIDGE STREET) (D.A. 202/97)
SECTION 102 MODIFICATION TO EXISTING DEVELOPMENT CONSENT FOR A 9 STOREY MIXED USE DEVELOPMENT
(Report by Manager, Development Services, Ms. G. Vereker)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.02
DEVELOPMENT & HEALTH

HEADING: Recommendation 313 FOREST ROAD, HURSTVILLE (CNR. FOREST ROAD AND BRIDGE STREET) (D.A. 202/97)
SECTION 102 MODIFICATION TO EXISTING DEVELOPMENT CONSENT FOR A 9 STOREY MIXED USE DEVELOPMENT
(Report by Manager, Development Services, Ms. G. Vereker)


. Recommendation 313 FOREST ROAD, HURSTVILLE (CNR. FOREST ROAD AND BRIDGE STREET) (D.A. 202/97)
SECTION 102 MODIFICATION TO EXISTING DEVELOPMENT CONSENT FOR A 9 STOREY MIXED USE DEVELOPMENT
(Report by Manager, Development Services, Ms. G. Vereker)



RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH
ADDENDUM


05.02.03A HURSTVILLE SUPERCENTRE, 225H FOREST ROAD, HURSTVILLE - MODIFICATION TO CONSENT (DA 94/93)



Applicant : Todbern Pty Ltd
Proposal : Modification to an existing consent for a mixed
retail/commercial/residential development containing
143 units.
Zoning : Special Uses 5(b) - Railways
Owners : State Rail Authority


PRECIS OF REPORT

1. Background.

2. Description of modifications.

3. Report on modifications.

4. There are two critical issues for Hurstville Council to consider:

(a) Deletion of pedestrian link through old Post Office site.
(b) Proposed pedestrian ramp projecting over Memorial Square
plus a lift provided from Memorial Square.

5. Recommendation - authority be delegated to determine matters under
specified arrangements.

6. Any approval will require the concurrence of Kogarah Council.

BACKGROUND

Development Consent No. 94/93 was issued by Council (on behalf of both Hurstville and Kogarah Councils) on 1st November, 1993 for a refurbished retail area, two (2) levels of parking and seven (7) floors for 168 residential units.

A modification to this consent was approved by both Councils on 30th November, 1994 for refurbishment of the retail area, relocation of an expanded supermarket (the Franklins "Big Fresh" concept) to the first carpark level, provision of 2nd and 3rd levels and six (6) floors for 143 residential units.

This consent expired on 30th November, 1996 but the applicant successfully appealed Council's decision to refuse extension of the consent and the consent is now valid until 30th November, 1998.

No building application has been received for this development but the applicant did lodge such an application in 1996 to construct the supermarket and carparking parts of the building. This building application was assessed by Council to the approval stage but the permit has never been collected by the applicant due to the requirement to pay outstanding fees.

PROPOSED MODIFICATIONS

The applicant has lodged two (2) separate applications to Council to modify the subject consent of 1994 under application nos. 34/97 and 39/97 and these will be referred to in this report as "Option 1" and "Option 2" respectively.

"Option 1"

The proposed modifications to the previously approved development consent involve the following changes:

1. Concourse Level * extension of the existing supermarket area to
a larger store size of 3000 square metres to
cover the whole western end of the building;
* minor amendments to the retail shop layouts;
* relocation of public toilet facilities;
* introduction of a small commercial lobby and
lift off Ormonde Parade to service the commercial
office/retail/professional suite area on Parking
Level 2;
* relocation of the pedestrian trolley ramp from the
Western end of the building to new position on the
Northern facade above Memorial Park;
* addition of a new lift, connecting Memorial Park to
Concourse Level and the Parking Levels above,
which will be located on the Northern facade
adjacent to the pedestrian/trolley ramp;

2. Parking Level 1 * deletion of the Franklins Big Fresh Supermarket
and the provision of a full level of carparking
similar to the layout for Parking Level 2 in the
previously approved consent, with minor
modifications to plant rooms and ancillary services;
* relocation of the pedestrian/trolley ramp and
external lift access to the Northern facade as
noted above, connecting Concourse Level;

3. Parking Level 2 * addition of 2040 square metres of commercial
office/retail/professional suite area facing onto
Ormonde Parade with carparking for 205 cars;

4. Parking Level 3 * This floor level for residential parking lowered
by 1400mm but layout is similar to the previously
approved proposal.

5. Residential Floors * the only change proposed to the residential units
is an overall reduction in height of these floors by
1400mm due to a lower retail podium height below.
The layout for six (6) floors of 143 residential
units remains identical to the previously approved
proposal.

6. Ormonde Parade
Facade * redesign of the podium facade above Concourse
Level up to Parking Level 3 to reflect the changed
function of commercial usage on Level 2 and to
reflect the design controls established by
Council's Draft Development Control Plan for
Hurstville.

The design of the podium now emphasises street
alignment of the building, glazed facade elements,
the incorporation of vertical and horizontal
elements within the facade with articulated and
visually separate bays and the building facade
emphasising the curve of Ormonde Parade through
the podium base.

The proposed modifications relate primarily to the podium level only and in essence provide a slightly lower building height, less commercial/retail floor area and an improved facade to Ormonde Parade whilst maintaining the identical six (6) storey tower of residential development above the podium.

"Option 2"

This application differs only from "Option 1" in that the proposed pedestrian/trolley ramp attached to the northern facade above Memorial Square and external lift access are varied for this proposal.

The lift access has been deleted and the pedestrian/trolley ramp is proposed to be located internally at the eastern end of the building as opposed to the western end as approved in the original proposal.

STATUTORY REQUIREMENTS

The applications have been submitted in accordance with Section 102 of the Environmental Planning and Assessment Act, 1979. It is substantially he same development as the previous consent.

With this application the Council is only considering the specified modifications, not the overall development.

REPORT ON THE MODIFICATIONS

The applicant has submitted written comment on his application and this states as follows:-

COMMENTS

Building

Matters of a building and environmental nature such as building code requirements, fire ratings, fire safety, external finishes, acoustic and vibration aspects, wind impact, reflectivity, shadow analysis and television reception were covered in the original proposal and by conditions imposed on the development consent.

These conditions remain unchanged.

Design

The applications have addressed design issues raised by Council's Divisional Manager - Policy, Planning and Environment with regard to the podium level but architectural resolution issues on the residential towers remain outstanding.

However, as there is no modification to the residential section, Council is unable to enforce any changes to this part of the building.

Officers of Hurstville and Kogarah Councils have met and discussed the design alterations and it is anticipated that Kogarah Council will request some cosmetic changes to the Ormonde Parade facade proposed with these modification applications.

Traffic

The original consent contains conditions reflecting the earlier advice of the RTA's Sydney Regional Development Advisory Committee. The modifications do not alter the basic access points to the development nor the overall type of development. However, comment is being sought from Council's Manager Traffic and Transport on the parking volumes, internal vehicle circulation, parking layouts and loading points.

No major changes occur on the Hurstville side and it is anticipated that any minor variations for layout and circulation will be covered by conditions of approval.

Kogarah Council has indicated that the matter is being referred to their local traffic committee for comment due to the main ingress and egress points and loading areas being on their side of the development. They will also address the proposal of this application to increase the number of on site parking spaces.

Parking

The original approval called for 523 parking spaces of which 179 were required for the residential units. This latter area was also required to be separated from the retail parking levels.

With the modification application 620 parking spaces are provided with 463 for retail levels but only 157 are allocated to the residential level. Whilst the overall parking capacity has increased by 97 spaces, the applicant does not address any reasons for the reduction in residential spaces. The increased number of spaces reflects the decrease in retail/commercial floor space.

Thus a condition will be imposed requiring the original amount of 179 residential spaces (143 to units plus 36 visitor spaces) with some visitor spaces being permitted or the commercial level.

Under Council's present control plan, 194 residential spaces and 299 retail spaces, totalling 493 spaces would be required, but this cannot be applied in this instance.

Pedestrian Access

Both options indicate deletion of the pedestrian link via the old Post Office site due to the proposed enlargement of the existing supermarket. The applicant fails to address any reasons for this modification but it is presumably due to the re-development of the Post Office not proceeding.

In the latter half of 1994, the Council considered development applications for both this site and the old Post Office site and imposed the same condition on each to provide a pedestrian link accommodating the disabled so that permanent access was provided over the railway between Forest Road and Ormonde Parade.

The development consent for the old Post Office has since expired but that owner has objected to the deletion of the pedestrian link.

The superseded 1989 DCP and the new 1997 DCP for the Hurstville City Centre Business Zone both express a preference for this pedestrian link and it is felt that the condition for such link should be retained in accordance with the existing consent.

The Council may wish to review this condition if approval is granted to Option 1 containing the lift to Memorial Square.

Pedestrian Ramp over Memorial Square

It is only "Option 1" which contains this alternative and this option is not formally a legitimate application as it does not contain the consent of the owner, i.e. Hurstville Council, to project a structure over the air space of Memorial Square.

However, there is no reason why Council cannot consider both the ownership and application proposals together.

This matter should be referred to a meeting of Ward Councillors and other interested Councillors to consider the proposal. Consideration should also be given to granting delegated authority to the General Manager to determine this matter in the event of there being a unanimous decision of all Councillors present. Further comment by other Divisional Managers on the proposal to build over the air space will be given at this meeting.

Advertisement and Notification

The development was advertised in the local newspaper and letters were sent to adjoining owners plus tenants of the Supercentre.

One (1) objection was received from the owner of the adjacent old Post Office site calling upon Council to adhere to the requirement for a pedestrian link between the two buildings.

This has been addressed earlier in the report under "Pedestrian Access".

Section 94 Contributions

The conditions for contribution to traffic facilities will need to be amended to accommodate the variation in floor space.

Kogarah Council

The two options are still under consideration by Kogarah Council but this application is placed before Council to gain a decision in the matter so that the applications may be determined under delegated authority once a decision is made by Kogarah Council. This process is being followed so that there will be no delay in forwarding the final decision to the applicant.

Summary

1. The modifications are split into two options whereby the basic proposal is to replace the "Big Fresh" supermarket with a commercial area and at the same time improve the architectural design on the Ormonde Parade frontage.

2. However, they raise two main issues for Hurstville Council as follows:

(a) Proposal to project a structure over the air space of Memorial Square.
(b) Proposes deletion of the pedestrian link through the old Post Office site.

3. For (a), it is proposed that Option 1 be referred to Ward and other interested Councillors and the General Manager for further consideration.

4. For (b), it is proposed that Council refuse to delete the requirement of a pedestrian link through the old Post Office.

5. The Council grant delegated authority for determining these options once a decision is reached from Kogarah Council.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.03A
DEVELOPMENT & HEALTH

HEADING: Recommendation HURSTVILLE SUPERCENTRE, 225H FOREST ROAD, HURSTVILLE - MODIFICATION TO CONSENT (DA 94/93)

. Recommendation HURSTVILLE SUPERCENTRE, 225H FOREST ROAD, HURSTVILLE - MODIFICATION TO CONSENT (DA 94/93)


RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03 DEVELOPMENT APPLICATIONS - PENSHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03.01 477-479 KING GEORGES ROAD, BEVERLY HILLS (D.A. 314/97)
CHINESE SEAFOOD RESTAURANT



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .03.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 477-479 KING GEORGES ROAD, BEVERLY HILLS (D.A. 314/97)
CHINESE SEAFOOD RESTAURANT


. Recommendation 477-479 KING GEORGES ROAD, BEVERLY HILLS (D.A. 314/97)
CHINESE SEAFOOD RESTAURANT



RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.03.02 28 PITT STREET, MORTDALE (D.A. 174/97)
BROTHEL



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .03.02
DEVELOPMENT & HEALTH

HEADING: Recommendation 28 PITT STREET, MORTDALE (D.A. 174/97)
BROTHEL


. Recommendation 28 PITT STREET, MORTDALE (D.A. 174/97)
BROTHEL



RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04 DEVELOPMENT APPLICATIONS - PEAKHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04.01 51, 51A, 53 WOODLANDS AVENUE, LUGARNO (D.A. 110/97)
RESIDENTIAL DEVELOPMENT CONTAINING 8 DWELLINGS AND PARKING FOR 17 CARS
(Report by Manager, Development Services, Ms. G. Vereker)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .04.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 51, 51A, 53 WOODLANDS AVENUE, LUGARNO (D.A. 110/97)
RESIDENTIAL DEVELOPMENT CONTAINING 8 DWELLINGS AND PARKING FOR 17 CARS
(Report by Manager, Development Services, Ms. G. Vereker)


. Recommendation 51, 51A, 53 WOODLANDS AVENUE, LUGARNO (D.A. 110/97)
RESIDENTIAL DEVELOPMENT CONTAINING 8 DWELLINGS AND PARKING FOR 17 CARS
(Report by Manager, Development Services, Ms. G. Vereker)



RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04.02 91 MULGA ROAD, OATLEY (D.A. 249/97)
MIXED USE DEVELOPMENT CONSISTING OF GROUND FLOOR RETAIL AND OFFICE SUITES AND TWO LEVELS OF
RESIDENTIAL FOR SIX (6) UNITS WITH BASEMENT PARKING FOR 20 VEHICLES
(Report by Town Planner, Mr. N. Harrison)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .04.02
DEVELOPMENT & HEALTH

HEADING: Recommendation 91 MULGA ROAD, OATLEY (D.A. 249/97)
MIXED USE DEVELOPMENT CONSISTING OF GROUND FLOOR RETAIL AND OFFICE SUITES AND TWO LEVELS OF
RESIDENTIAL UNITS WITH BASEMENT PARKING FOR 20 VEHICLES
(Report by Town Planner, Mr. N. Harrison)


. Recommendation 91 MULGA ROAD, OATLEY (D.A. 249/97)
MIXED USE DEVELOPMENT CONSISTING OF GROUND FLOOR RETAIL AND OFFICE SUITES AND TWO LEVELS OF
RESIDENTIAL UNITS WITH BASEMENT PARKING FOR 20 VEHICLES
(Report by Town Planner, Mr. N. Harrison)



RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.05 MISCELLANEOUS AND OTHER MATTERS



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.05.01 DEVELOPMENT APPLICATIONS RECEIVED BETWEEN 1 DECEMBER AND 31 DECEMBER, 1997.
(Report by Manager, Development Services, Ms. G. Vereker) (File T/01244)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.01
DEVELOPMENT & HEALTH

HEADING: Recommendation DEVELOPMENT APPLICATIONS RECEIVED BETWEEN 1 DECEMBER AND 31 DECEMBER, 1997.
(Report by Manager, Development Services, Ms. G. Vereker) (File T/01244)


. Recommendation DEVELOPMENT APPLICATIONS RECEIVED BETWEEN 1 DECEMBER AND 31 DECEMBER, 1997.
(Report by Manager, Development Services, Ms. G. Vereker) (File T/01244)



RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.05.02 DEVELOPMENT APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY FROM 1 DECEMBER TO 31 DECEMBER, 1997.
(Report by Manager, Development Services, Ms. G. Vereker) (File T/01243)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.02
DEVELOPMENT & HEALTH

HEADING: Recommendation DEVELOPMENT APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY FROM 1 DECEMBER TO 31 DECEMBER, 1997.
(Report by Manager, Development Services, Ms. G. Vereker) (File T/01243)


. Recommendation DEVELOPMENT APPLICATIONS DETERMINED UNDER DELEGATED AUTHORITY FROM 1 DECEMBER TO 31 DECEMBER, 1997.
(Report by Manager, Development Services, Ms. G. Vereker) (File T/01243)



RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.05.03 APPEAL AGAINST COUNCIL'S REFUSAL OF DA 114/97 - 15 COLERIDGE STREET, RIVERWOOD - FOR A
2 STOREY RESIDENTIAL DEVELOPMENT CONTAINING 5 UNITS OVER 1 LEVEL OF BASEMENT PARKING
(Report by Manager, Development Services, Ms. G. Vereker)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.03
DEVELOPMENT & HEALTH

HEADING: Recommendation APPEAL AGAINST COUNCIL'S REFUSAL OF DA 114/97 - 15 COLERIDGE STREET, RIVERWOOD - FOR A
2 STOREY RESIDENTIAL DEVELOPMENT CONTAINING 5 UNITS OVER 1 LEVEL OF BASEMENT PARKING
(Report by Manager, Development Services, Ms. G. Vereker)


. Recommendation APPEAL AGAINST COUNCIL'S REFUSAL OF DA 114/97 - 15 COLERIDGE STREET, RIVERWOOD - FOR A
2 STOREY RESIDENTIAL DEVELOPMENT CONTAINING 5 UNITS OVER 1 LEVEL OF BASEMENT PARKING
(Report by Manager, Development Services, Ms. G. Vereker)



RECOMMENDATION


HURSTVILLE CITY COUNCIL
CIVIC CENTRE, MACMAHON STREET, HURSTVILLE.
__________________________________


SUMMARY OF ITEMS CONTAINED IN THE
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - SECTION TWO' REPORT
TO THE MEETING OF THE DEVELOPMENT, HEALTH AND PLANNING COMMITTEE
TO BE HELD ON 98 01 28TH JANUARY, 1998-


06:01 Ward Councillors' Reports

06:02 Building Applications - Hurstville Ward

06:02.01 47 Orange Street, Hurstville - Amendment To New Two Storey Dwelling (Report By Environmental Health & Building Surveyor, Mr L Josifov) (File 010275)

06:03 Building Applications - Penshurst Ward

06:04 Building Applications - Peakhurst Ward

06:05 Miscellaneous And Other Matters

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH
SECTION 2


06.01 WARD COUNCILLORS' REPORTS

THERE ARE NO WARD COUNCILLORS' REPORTS IN RESPECT OF BUILDING APPLICATIONS FOR THIS MEETING.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.02 BUILDING APPLICATIONS - HURSTVILLE WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.02.01 47 ORANGE STREET, HURSTVILLE - Amendment to New Two Storey Dwelling (Report by Environmental Health & Building Surveyor, Mr L Josifov) (File 010275)


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 47 ORANGE STREET, HURSTVILLE - Amendment to New Two Storey Dwelling (Report by Environmental Health & Building Surveyor, Mr L Josifov) (File 007254)

. Recommendation 47 ORANGE STREET, HURSTVILLE - Amendment to New Two Storey Dwelling (Report by Environmental Health & Building Surveyor, Mr L Josifov) (File 007254)


RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.03 BUILDING APPLICATIONS - PENSHURST WARD

THERE ARE NO BUILDING APPLICATIONS IN RESPECT OF PENSHURST WARD FOR THIS MEETING.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.04 BUILDING APPLICATIONS - PEAKHURST WARD

THERE ARE NO BUILDING APPLICATIONS IN RESPECT OF PEAKHURST WARD FOR THIS MEETING.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.05 MISCELLANEOUS AND OTHER MATTERS

THERE ARE NO REPORTS IN RESPECT OF MISCELLANEOUS AND OTHER MATTERS FOR THIS MEETING.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.05.01 ON-STREET PARKING - DELEGATIONS (Report by Manager - Divisional Administration) (File (I/00526)



Precis

In accordance with Council's resolution application was made to and authority subsequently granted by the NSW Police Commissioner to Council to enforce the provisions of the Traffic Act 1909 with respect to on-street parking.

This report proposes that this authority be delegated to the General Manager so that the General Manager may delegate this authority to appropriately qualified officers of Council.

Report in Full

The Council at its meeting 19 March 1997 adopted the folllowing recommendation of the Safety and Anti-Litter Committee 27/2/97 in relation to the subject matter :

"THAT Representations be made to the NSW Police Commissioner that Council be granted authority to enforce SEINS infringements with respect to on-street parking with Hurstville City".

Initial meetings were held with Sergeant Jim Hains, Traffic Sergeant Hurstville, NSW Police Service, Geoff Morris, Manager - Traffic & Transport and Brett Daintry, Manager - Divisional Administration, Development & Health to negotiate with local police over areas in which Council can patrol and enforce on-street parking and to discuss general operational issues. After these issues were satisfied the Council then resolved to make formal representations to the NSW Police Commissioner for Council to enforce on-street parking regulations.

On the 8 September 1997, Commissioner Tony Ryan issued Council with authority under Regulation 130A of the Motor Traffic Regulation 1935.

Section 130A of the Motor Traffic Regulations 1935 states inter alia:

"Prescribed officers and offences (section 18B)

130A. (1) For the purposes of section 18B of the Act:

(d) a person:

(i) who is an employee of a council of a local government area, an officer
or employee of the National Parks and Wildlife Service or an officer
or employee of the Forestry Commission; and

(ii) who is an authorised officer, within the meaning of section 8G of the
Environmental Offences and Penalties Act 1989, in respect of an
offence arising under section 8F of that Act,
is a prescribed officer in respect of offences set out in Parts 7 and 12 of
Schedule K;

(f) an employee of a council of a local government area who is an
authorised officer, within the meaning of section 8G of the
Environmental Offences and Penalties Act 1989, in respect of an
offence arising under section 8F of that Act is a prescribed officer
in respect of:

(i) an offence arising under Regulation 54 (7) in respect of any parking
restriction displayed on a traffic control sign containing
the words "AUTHORISED RESIDENTS VEHICLES EXCEPTED" or "PERMIT HOLDERS EXCEPTED"; and

(ii) an offence arising under Regulation 81 (1) or 85 (2); and

(iii) an offence arising under subsection 9 of section 6 of the General
Traffic Regulations 1916; and

(iv) an offence arising under the Road Transport (Mass, Loading and Access)
Regulation 1996 in respect of standing or driving a road train or of
an overdimension vehicle,

(f1) an employee of a council of a local government area (being a council
authorised in writing by the Commissioner of Police for the purposes of this
Regulation) who is an authorised officer, within the meaning of section 8G of
the Environmental Offences and Penalties Act 1989, in respect of an offence
arising under section 8F of that Act is a prescribed officer in respect of:
any parking offence (as defined in section 18A (5) of the Traffic Act 1909)
set out in Table B of Part 2 of Schedule K that is not an offence referred to
in paragraph (f); and
(f2) an employee of a council of a local government area who is an authorised
officer, within the meaning of section 8G of the
Environmental Offences and Penalties Act 1989, in respect of an offence
arising under section 8F of that Act is a prescribed officer in respect of any
offence under section 650 of the Local Government Act 1993; and
(f3) an employee of a council of a local government area who is an authorised
person (within the meaning of the Local Government Act 1993) for the purposes
of section 679 of that Act (Penalty notices for certain offences) is a
prescribed officer in respect of an offence arising under Regulation 118A
(Requirements as to certain loadings); and

(2) For the purposes of section 18B of the Act, an offence set out in Schedule
K is a prescribed offence.

(3) If an offence is dealt with under section 18B of the Act the penalty for
the offence is that set out in Schedule K."

Section 18 B of the Traffic Act 1909 states:

"18B Penalty notices for certain offences
(1) Where it appears to a member of the police force or a prescribed officer that any person:
*See also Part 4B of the Justices Act 1902.
(a) has committed, or by virtue of section 18A is guilty of, any prescribed offence under this Act or the regulations,
(bb) has committed, or by virtue of section 651 of the Local Government Act 1993, is guilty of, an offence under section 650 (1) or (4) of that Act,
(c) has committed any prescribed offence under the Passenger Transport Act 1990 or any regulation made under that Act,
(ca) has committed any prescribed offence under the Driving Instructors Act 1992 or any regulation made under that Act,
(cb) has committed any prescribed offence under the Motor Vehicles Taxation Act 1988 or any regulation made under that Act,
(cc) has committed any prescribed offence under the Road Transport (Heavy Vehicles Registration Charges) Act 1995 or any regulation made under that Act,
(d) has committed any prescribed offence under the Motor Vehicles (Third Party Insurance) Act 1942 or any regulation made thereunder,
(da) has committed any prescribed offence under the Transport Accidents Compensation Act 1987 or any regulation made under that Act,
(db) has committed a prescribed offence under the Motor Accidents Act 1988 or the regulations made under that Act,
(dc) has committed any prescribed offence under the Tow Truck Act 1989 or any regulation made under that Act,
(e) has committed any prescribed offence under Part 4A of the Clean Air Act 1961 or any regulation made under that Act, being an offence relating to the operation of a motor vehicle,
(f) (Repealed)
(g) has committed any prescribed offence under the Recreation Vehicles Act 1983 or any regulation made thereunder, or
(h) has committed, or by virtue of section 244 of the Roads Act 1993 is guilty of, any prescribed offence under that Act or the regulations under that Act,

such member of the police force or prescribed officer may serve a notice on such person to the effect that if such a person does not desire to have the matter determined by a court, such person may pay to an officer specified in such notice within the time specified therein an amount of penalty prescribed for such offence if dealt with under this section.

(2) Any notice under subsection (1):
(a) may be served personally or by post,
(b) if it relates to an offence of which the owner of a motor vehicle is guilty by virtue of section 18A of this Act or section 651 of the Local Government Act 1993, may:
(i) be served personally or by post, or
(ii) be addressed to the owner without naming him or stating his address and may be served by leaving it on or attaching it to the vehicle.
(3) (Repealed)
(4) Where the amount of any prescribed penalty for an alleged offence is paid pursuant to this section no person shall be liable for any further proceedings for the alleged offence.
(4A) Subsection (4) does not affect any power of the Authority under section 11AB or 11AE.
(5) Payment of a penalty pursuant to this section shall not be regarded as an admission of liability for the purpose of nor in any way affect or prejudice any civil claim action or proceeding arising out of the same occurrence.
(6) The regulations may:
(a) prescribe the offences which shall be prescribed offences for the purposes of this section:
(i) by setting out those offences,
(ii) by referring to the provisions creating those offences,
(iii) by providing that all offences under a specified Act, Part of an Act, or Division of a Part of an Act, or under specified regulations (being an Act, a Part or a Division or regulations referred to in subsection (1)), shall be prescribed offences for the purposes of this section, or
(iv) by providing that all offences under any such Act, Part, Division or regulations, other than such of those offences as are specified in the regulations, shall be prescribed offences for the purposes of this section,
(b) prescribe the amount of penalty payable under this section for any prescribed offence,
(c) prescribe different amounts of penalties for different prescribed offences or classes of prescribed offences or for different prescribed offences or classes of prescribed offences having regard to the circumstances thereof.
No offence in respect of which a penalty of imprisonment may be imposed under this Act or the Motor Vehicles (Third Party Insurance) Act 1942 shall be prescribed for the purposes of this section as a prescribed offence.

(7) No penalty prescribed under this section for any prescribed offence shall exceed any maximum amount of penalty which could be imposed for such offence by a court.
(8) The provisions of this section are supplemental to and not in derogation of the provisions of any other section of this Act or any other Act in relation to proceedings which may be taken in respect of prescribed offences."

Council's two existing Car Parking Control Officers and the Manager Divisional Administration have since completed required training through the NSW Police Academy.

Council Carparking Control Officers will be carrying out patrols with NSW Parking Police over the next month to learn practical issues of on-street parking enforcement, whilst delegations are finalised.

A Standard Operating Procedure (SOP) has been formulated between Hurstville Police and Hurstville City Council and patrols will be implemented in accordance with the agreed SOP.

This report proposes that the authority issued to Council under the Motor Traffic Regulation 1935 be delegated in accordance with S377 of the Local Government Act 1993 to the General Manager so that the General Manager may sub-delegate such authority initially to the two (2) existing Carparking Control Officers and the Manager Divisional Administration in accordance with S378 of the Local Government Act 1993.

Council's existing Regulation Control Officers and Council two (2) new Law Enforcement Officers will also, subject to the General Managers delegations, be authorised as they complete required training through the NSW Police Academy in March, June and September 1998.


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .05.01
DEVELOPMENT & HEALTH

HEADING: Recommendation ON-STREET PARKING - DELEGATIONS (Report by Manager - Divisional Administration) (File (I/00526)

. Recommendation ON-STREET PARKING - DELEGATIONS (Report by Manager - Divisional Administration) (File (I/00526)


RECOMMENDATION