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

SUMMARY OF ITEMS TO BE ADDRESSED AT
THE POLICY PLANNING AND ENVIRONMENT MEETING
TO BE HELD ON 16TH APRIL, 2003


Summary:
Item No: PPE016 - 03 - HURSTVILLE CBD - COMPLIANCE PROGRAM - DRAFT SELF-ENFORCING INFRINGEMENT NOTICE SCHEME
(SEINS) POLICY
(Report by Manager - Environmental Health and Building,

Ms J Nicol) T/01308

Item No: PPE017 - 03 - DRAFT AMENDMENT TO HURSTVILLE TOWN CENTRE DCP NO. 4 : 29-31 MACMAHON STREET (BLOCK 13B),
1 BARRATT STREET AND 18-22 WOODVILLE STREET (BLOCKS 13M 1-4), HURSTVILLE
(Report by Manager Strategic Planning, Mr M Jericho)

T/01218, 012743, 007213, 002793

Item No: PPE018 - 03 - ADOPTION OF DRAFT ADVERTISING AND SIGNAGE DEVELOPMENT CONTROL PLAN
(Report by Strategic Planner, Ms N Brown) T/01455





___________________________________________________________________________
Meeting No. 3 to be held on 16th April, 2003






Meeting Date: 16/04/2003

PPE016 - 03HURSTVILLE CBD - COMPLIANCE PROGRAM - DRAFT SELF-ENFORCING INFRINGEMENT NOTICE SCHEME (SEINS) POLICY

REPORT AUTHOR/S

Manager - Environmental Health and Building, Ms J Nicol

FILE REFERENCE

T/01308

REASON FOR REPORT

To allow Council to review and comment on the attached SEINS Policy.

DOES AN EXISTING POLICY COVER THIS MATTER?

No

IF "NO" - SHOULD A POLICY BE DEVELOPED?

Yes - Draft SEINS Policy attached

FINANCIAL IMPLICATIONS

None

DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details)

Yes PPE014 - 03 (19/3/03) Hurstville CBD - Compliance Program


EXECUTIVE SUMMARY
Proposed enforcement programs within the Hurstville CBD are likely to result in an increase in the number of penalty infringement notices being issued by Council's Compliance Officers. The number of enquiries received by Council staff and Councillors relating to such matters also stands to increase.

To assist in answering such enquiries, and to facilitate a clear direction with undertaking such enforcement programs, the attached draft SEINS Policy has been developed. The policy also assists the community by identifying the rights of an individual in receipt of a penalty infringement notice and the involvement of Council staff and Councillors in ensuring an open and egalitarian approach is undertaken in all dealings.

RECOMMENDATION
THAT the report be received and noted.

THAT Council adopt the draft SEINS Policy

FURTHER, THAT a report be brought back to Council advising of the outcomes achieved with the Hurstville CBD enforcement program.

REPORT DETAIL
Background
The report submitted to the Policy, Planning and Environment Committee at its meeting of 19th March, 2003, and the subsequent adoption of the report's recommendations at Council's meeting of 26th March, 2003, recommended the undertaking of two programs to assist in “cleaning up” the Hurstville CBD.

The first program adopted by Council was the preparation of specific development control plans to assist in identifying clear and consistent strategic performance measures and regulatory prescriptive measures.

The second program adopted was the undertaking of an enforcement program within the Hurstville CBD. Prior to the program being undertaken, it was agreed that a SEINS policy be adopted to, firstly, address the expected increase in enquiries resulting from greater number of penalty infringement notices (PIN’s) being issued, and, secondly, clarify and make consistent the procedures undertaken by Council's Compliance Officers when issuing penalty infringement notices.

The policy does not, however, address allocation of specific duties with respect to enforcement, therefore the following information is provided to Council to enable a greater understanding of existing systems and procedures.

Current Structure

Council's existing structure has resulted in enforcement and compliance issues being divided between two Directorates.

There are two main units involved within the enforcement and compliance area - the Environmental Services Unit and the Environmental Health & Building Unit. Another Unit responsible, to a lesser degree, is the Parks and Recreation Unit which actions breaches concerning Tree Preservation Orders and removal of trees under development consents.

The Environmental Services Unit, within the Service Delivery Directorate, is managed by Mr Garry Dickens. The Unit contains the Compliance Officers who are responsible for waste, parking and general compliance issues involving minor offences that are easily dealt with through the issuing of a penalty infringement notices, e.g.

1) Minor breaches of development consents – working after hours, lack of sediment control, building materials on footpath, lack of tree protection controls.
2) Minor pollution incidents
3) Non approved goods/articles on footpath
4) Abandoned vehicles, tonnage restrictions
5) Parking restrictions, carparks, on road and school areas
6) Dumped waste and littering.

These offences, and subsequent issuing of PIN’s, do not involve prosecution; instead onus is on the recipient to submit an appeal or nominate the court elect process should they be of the opinion the PIN is unwarranted or exceptional circumstances existed.

When a PIN is issued and non-compliance continues, the options available for further action are limited to either -

i) the issuing of further PINs,
ii) depending on the circumstances, impounding of the subject article/goods under the
Impounding Act or
iii) seeking a court fine and or court order to abate the problem.

The Environmental Health & Building Unit, within the Policy, Planning and Environment Directorate, is managed by Ms Jeannie Nicol. The Unit is responsible for those enforcement and compliance issues being of a degree which require more formal legal action as in the serving of Orders/Notices, e.g.

1) Major development consent breaches
2) Major pollution incidents – where court imposed fine (tens of thousands) as opposed to a penalty infringement notice ($750-$1500) is warranted
3) Public health issues – overgrown vegetation, condition of property
4) Illegal Use
5) Illegal building works
6) Food premises compliance inspections
7) Illegal signs.

It should be noted that on non-compliance with an Order/Notice, depending on the legislation being enacted, the Environmental Health & Building Manager has a choice with respect to the degree of further action required to be undertaken. For instance, the Manager may elect to, depending on the severity and risk weighting of the issue, undertake either one or a combination of the following actions:-

i) Issue a penalty infringement notice should one be attached to the Order as per the Fixed Penalty Handbook.
ii) Effect the works within the Order/Notice by retaining a private contractor to enter the
subject property and undertake the required works. The cost of such works is placed
against the property. Again this is dependant on the legislation being enacted.
iii) Obtain a fine within the courts along with a court order for the required works to be
undertaken.


Proposed Hurstville CBD Enforcement Program

In brief, the proposed enforcement program will initially concentrate on those goods and articles located/stored on Council's footpath without approval.

Once premises are identified, a warning letter will be hand delivered to either the manager, proprietor or an employee of the subject business. The warning letter will advise of the specific breach, identify a time frame for compliance with Council's removal direction, list the penalty involved for non-compliance, and highlight the possible use of the Impounding Act for continuing non-compliances.

All warning letters will be recorded, along with the date and time the letter was delivered, in addition to the name of the delivering Compliance Officer.

On expiry of the time frame, a patrol will be undertaken and offending premises identified. A penalty infringement notice will then be issued to the trading name of the offending business (i.e the legal entity). To assist in any reviews or appeals, photographic evidence of the breach will be taken and recorded.

Forty eight hours after a PIN has been issued, a further patrol will be undertaken to ascertain the level of compliance. Those non-complying premises may then be subject to action under the Impounding Act.

Proposed Outcomes

Formal enforcement programs clearly reinforce to the community Council's commitment to ensuring socially equitable standards with respect to legislative responsibilities are being maintained. It is expected the proposed enforcement program will result in changing attitudes held by many business proprietors and may also result in an increase in income

As outlined within the draft SEINS Policy, all money generated through the issuing of PIN’s, bar $17.25 of which is the Infringement Processing Bureau's administration fee, is returned to Council. Generally it is a three month time frame from when the PIN is issued to when the IPB forward the remaining PIN amount to Council. This timeframe is subject to the recipient of the PIN paying all monies by the second reminder notice. There are, and will be occasions, however, when the full retrieval process, as outlined within the draft SEINS Policy, will need to be undertaken. On these occasions, it may take up to twelve months before Council receives any payment.

There will, of course, be a small percentage of PIN’s that will never be paid either due to the cancellation through the draft SEINS policy review process, a court decision, and/or the inability of the systems within the State Debt Recovery Service and Sheriff's Office to locate the offender.

Conclusion

As the attached SEINS policy provides technical advice and a framework for internal procedures, its exhibition inviting community comment is not required.

The policy’s adoption by Council and implementation by the Compliance Officers will result in improvement within the Hurstville CBD.

APPENDIX
DRAFT SEINS POLICY.doc

COMMITTEE RECOMMENDATION
THAT the report be received and noted.

THAT Council adopt the draft SEINS Policy, with the addition of "sediment erosion controls" to paragraph 2, page 3, Warnings section.

FURTHER, THAT a report be brought back to Council advising of the outcomes achieved with the Hurstville CBD enforcement program.
(Moved Clr S McMahon/Seconded Clr S Chan)
COUNCIL RESOLUTION
RESOLVED THAT the report be received and noted.

THAT Council adopt the draft SEINS Policy, with the addition of "sediment erosion controls" to paragraph 2, page 3, Warnings section.

FURTHER, THAT a report be brought back to Council advising of the outcomes achieved with the Hurstville CBD enforcement program.
(Moved Clr P Sansom /Seconded Clr C Lee)


Meeting Date: 16/04/2003

PPE017 - 03DRAFT AMENDMENT TO HURSTVILLE TOWN CENTRE DCP NO. 4 : 29-31 MACMAHON STREET (BLOCK 13B), 1 BARRATT STREET AND 18-22 WOODVILLE STREET (BLOCKS 13M 1-4), HURSTVILLE

REPORT AUTHOR/S

Manager Strategic Planning, Mr M Jericho

FILE REFERENCE

T/01218, 012743, 007213, 002793

REASON FOR REPORT

To report on two proposed amendments to the Hurstville Town Centre DCP for the Church of Christ site and 1 Barrett Street in conjunction with 18-22 Woodville Street.

DOES AN EXISTING POLICY COVER THIS MATTER?

Yes – Hurstville Town Centre DCP No. 4 – Blocks 13B and 13M 1-4

IF "NO" - SHOULD A POLICY BE DEVELOPED?

N/A

FINANCIAL IMPLICATIONS

N/A

DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details)

No


EXECUTIVE SUMMARY
Two applications have been received to amendmend the Hurstville Town Centre Development Control Plan No. 4 (DCP 4). The first relates to 29-31 MacMahon Street, the Church of Christ site, and the second relates to an amalgamated site consisting of 1 Barratt Street and 18-22 Woodville Street. The amendments have been put forward by the prospective property owners to facilitate proposed developments that would otherwise exceed the development standards in DCP 4. Hurstville City Council is the owner of 1 Barrett Street.

A brief background to the amendments is discussed, followed separately by the specifics of each site, its surrounding context and the requested amendments to DCP 4. A model of the proposals and a presentation by the applicants will be presented to Councillors at the Committee meeting.

RECOMMENDATION
THAT Council note the two amendments as outlined in this report to Development Control Plan No. 4 – Hurstville Town Centre.

THAT the amendments be forwarded to the Design Review Panel in accordance with State Environmental Planning Policy No. 65, for comment and feedback.

FURTHER THAT the matter be reported back to Council once the Design Review Panel has made appropriate comments, where a decision can then be made regarding the draft amendments to the Hurstville Town Centre Development Control Plan and public exhibition.

REPORT DETAIL

BACKGROUND

The two draft proposals discussed in this report are presented to Council together as they are adjoining sites and the architects have held joint discussions and made design adjustments to their proposals to ensure each design complements the other. As both sites share a common boundary it is considered Council should view both proposals at the same time to see and how they relate not only to each other but also to the surrounding built form.

In addition, since the approval and construction of the 6 storey office building on the corner of MacMahon and Barratt Streets (which exceeded the DCP as it applied to this site) the controls for the adjoining sites are considered to need review in order to ensure a consistent and compatible built form. In reviewing the site controls for these adjoining sites the main factor determining the built form should be the overshadowing of the open space in Barratt Street and the need to ensure sunlight particualrly during lunch time hours.

In finalising the draft proposals for both sites, consultation has been held with Council’s Commercial Manager, senior staff from Council’s Policy, Planning and Environment Directorate and the NSW Government Architect to ensure consistency with the Hurstville CBD Masterplan.

1. 29-31 MACMAHON STREET

Amendment is sought to DCP 4 for one site referred to as Block 13B, to allow a mixed use development consisting of an expanded Church of Christ incorporating community facilities, offices and basement car parking.

Existing Development

The site currently contains the Church of Christ at 31 MacMahon Street and a two storey brick apartment building at 29 MacMahon Street. Both sites are owned by the Church of Christ, Hurstville.

Surrounding Development

The surrounding built form to the north-east consists of:

- The fire station at 27 MacMahon Street. This is a heritage item considered to be a significant landmark and its visual prominence conveys the important role of public buildings in this street despite its use having changed to offices.

- The two storey brick building at 23 MacMahon Street adjacent to the Fire Station. This building has been designed to relate to the scale and siting of the Fire Station. The two buildings create an entry to the high rise residential building known as MacMahon Plaza.

- The HADFDS Pharmacy at 15-19 MacMahon Street. This is a heritage item and while not a public building, its scale, siting and character relate well to the Fire Station.

- The Presbyterian Church on the corner of MacMahon Street and Park Road.

These small scaled two storey buildings in MacMahon Street are generally built on or close to the street alignment and are adjoined by open spaces.

A number of sites in MacMahon Street have been built with high rise residential buildings set back from the street front. These sites are:

- 23-27 MacMahon Street (MacMahon Plaza) which has a 13 storey residential building set back 17.5 metres from the street alignment.

- 15-19 MacMahon Street which has an 11 storey building set back 11 metres from the street alignment.

- 13 MacMahon Street which has a 9 storey building set back 11 metres from the street alignment.

The pattern of high rise building setback is consistent and sufficient to reduce the impact of these taller buildings on the low buildings in the foreground and onto MacMahon Street itself.

The surrounding built form to the south-west consists of:

- A recently completed 6 storey office building on the corner of MacMahon and Barratt Street (33 MacMahon Street) built to the street alignment, with retail shops at ground level (in Barratt Street), a street awning and offices above.

Proposed Development

The proposal seeks modification to DCP 4 to permit the expansion of the Church to accommodate a congregation of up to 500, a youth centre comprising indoor and outdoor areas, together with office space and basement car parking.

The proposed building would be 10 storeys high and the built form responds to the surrounding urban context discussed above. The development would consist of the following:

- A 2 storey high Church Foyer and Place of Worship relating to the Fire Station.
- A church forecourt relating to the publicly accessible open space around the Fire Station and other forecourts in the street.
- A 6 storey office wing relating directly to the adjoining 6 storey office building.
- A taller section of the office building setback 17.5 metres from the street alignment, the same height as the residential tower at 23-27 MacMahon Street. The office building is 8 storeys high (plus mezzanines levels) however due to the high ceilings in the Place of Worship and youth centre its height is equivalent to the 11 storeys of the adjacent residential tower.

The existing controls in DCP 4 compared to the proposed controls can be seen in the table below.


DCP 4
Existing Controls
Proposed Controls
    Use
Ground Floor Retail/Commercial

Upper Floors Residential/Commercial
Ground Floor Retail/Commercial/Community Use

Upper Floors Residential/Commercial
    Height
4 Storeys10 Storeys
    Floor Space Ratio
Commercial 2:1
Residential 2:1
Commercial 4.7:1
Residential 4.7:1
Community Uses 4.7:1
    Street Setbacks
2 metres from MacMahon Street

6 metres rear boundary if commercial or residential
9 metres from MacMahon Street in part

0m from MacMahon Street in part

3m from rear boundary if commercial or residential
    Awnings
NoYes, cantilevered on office building
    Balconies
Minimum 1 per unit @ 8 sq.m
2m minimum dimension
Can extend 450mm beyond envelope
No amendment sought for residential
No balcony requirements for commercial
    Vehicle Access
MacMahon StreetNo amendment sought
    Car Parking
Min % on Site - Use - Rate sq.m
70 - Commercial - 55
70 – Retail - 27.5
100 – Residential - 100
Visitors 1 per unit
No amendments sought.
Parking requirements for community uses are to be established in consultation with Council
It is recommended that reference to 'Residential' FSR on the site be removed. This will specify that the site is to be developed for commercial or community uses only.


Floor Space Ratio

The proposed floor space ratio for the site is 4.7:1 which relates to the adjoining built form and FSR on adjacent sites. The FSRs for the adjoining sites are:

15-19 MacMahon Street 4.7:1
23-27 MacMahon Street 4.7:1
33 MacMahon Street 4.5:1

The FSR for the medium rise corner site at 33 MacMahon Street is almost the same as the taller development at 23-27 MacMahon Street. This is due to almost 100% site coverage by the corner building and the provision of open space and 2 storey buildings at 23-27 MacMahon Street.

The proposed FSR on the church site is similar to the other 2 sites as it contains aspects of the built form on the adjoining sites and in addition has only 8 storeys, with the 2 lower storeys having high (7m) floor to floor heights.

Built Form

The proposed building is a combination of the two building types adjoining the site being a medium rise office building built to the street alignment on the corner of MacMahon and Barratt Streets and the high rise residential building setback 17.5 metres from MacMahon Street.

The proposed building form makes a transition from:

- Low rise public buildings;
- A medium-rise street edge office building; and
- Taller residential buildings setback from the street.

The proposed building design retains the setting of the fire station by providing open space adjacent and creating a consistent building height with the corner building, maintaining the edge at this end of MacMahon Street. The proposed building retains a consistent setback and parapet height with the adjoining residential building, allowing the taller roof form of the apartment building to be visible at a distance.

Commercial Office Space

The proposal incorporates 1800 sq.m of office space. This would provide additional jobs in Hurstville as well as the additional commercial services generated. This is consistent with Council’s desire to facilitate additional employment/office opportunities and encourage an appropriate mix of land uses within the CBD.

Community Services

The proposed building would contain an expanded set of community facilities compared to the existing church building consisting of:

- A place of worship for 450 people.
- A new sports hall gymnasium to cater for community youth groups.
- A new 120 place Children’s Area to cater for community children’s groups.
- A new bookshop, café, and kitchen adjoining a large foyer and public forecourt, which will provide gathering places for the community.
- New meeting rooms.

Sun Access and Shadowing

Shadow diagrams submitted demonstrate that there is no additional over shadowing from the proposed development onto public open space in Barratt Street, or onto Barratt Street, at any time of the year. The existing over shadowing is from the MacMahon Plaza building.

Proposed building envelopes and an artist impression of the development have been included below.

(See the attachements in Appendix)

2. 1 BARRATT STREET AND 18-22 WOODVILLE STREET

Amendments are sought to the Hurstville Town Centre DCP No. 4 for four sites within Block 13. This includes 13M-1, 13M-2, 13M-3 and 13M-4 to allow for a new residential apartment development consisting of ground floor retail and basement parking, on four sites (to be amalgamated) not currently permitted under the DCP. The amalgamated sites are located on the north-east corner of the Barratt Street and Woodville Street intersection.

It will be recommended to Council that that the proposed controls would only apply if the subject sites were amalgamated and if amalgamation did not occur, the existing controls in DCP 4 would continue to apply.

Existing Development

The sites currently consist of the following:

1 Barratt Street Single storey Council rest rooms
22 Woodville Street Single storey brick office known as Lucky Towers
20 Woodville Street Two storey brick office
18 Woodville Street Single storey office building known as Honer and Dodd

The proponents of the proposed development are a collaboration of business interests and owners of the above Woodville Street properties together with Hurstville City Council who owns 1 Barratt Street. A separate report by the Commercial Manager on Council’s interest as land owner has been prepared for Council’s consideration.

The inclusion of Council’s Barratt Street site ensures this site is not isolated by development occurring on the three Woodville Street sites, and results in a more consistent built form for this area of the CBD and a more desirable frontage for the proposed building to Barratt Street.

Surrounding Development

The surrounding built form to the north east consists of:

- 23-27 MacMahon Street (MacMahon Plaza) which is a 13 storey residential building with ground floor retail (accessible from Woodville Street through a public arcade).

- 8 Crofts Street which has a 5 storey heritage listed building containing the St George Businessman’s Club (corner Crofts and Woodville Streets).

- 2 Woodville

- 11-13 Woodville Street which has a 1 storey building located over 1 level of above ground car parking and contains the Illawarra Catholic Club.

Proposed Development

The proponent seeks modification to DCP 4 to permit two high rise buildings on the amalgamated sites consisting of:

- A 9 storey apartment building on Barratt Street with ground floor retail plus 8 storeys of residential. The top two apartment storeys are setback from the Barratt Street alignment with a continuous balcony with an average setback depth of 2 metres. A two level basement car park is proposed under a section of this building.

- A 14 storey apartment building on Woodville Street with ground floor retail plus 13 residential storeys. The building height is close to the same overall height of the 12 storey apartment building directly north-east of the site (MacMahon Plaza). The top two storeys of the apartments are set back at the 12 storey level. There is a 2 level basement car park under the proposed building.

The design was based on the following urban design principles:

- The containment of overshadowing to the small park formed by the curve of Barratt Street and Woodville Lane and Street.
- The minimisation of vehicular access to the development to reduce pedestrian conflict frontages.
- Increasing active street frontages with a ground floor of retail.
- Increasing pedestrian amenity in terms of protection from the elements of wind, rain and sun with the introduction of a constant cantilevered awning.
- Landscaping works.

The existing controls in DCP 4 compared to the proposed controls can be seen in the table below.


DCP 4
Existing Controls
Proposed Controls
UseGround Floor Retail/Commercial

Upper Floors Residential/Commercial
Complies

No amendment sought
Height5 commercial storeys with an additional storey on the corner OR Commercial + 5 storeys residential with additional storeyBarratt Street Building
Ground floor retail/commercial + 8 residential storeys

Woodville Street Building
Ground floor retail/commercial + 13 residential storeys
Floor Space RatioSite 13M-1
Retail/Commercial – 3.1:1
Retail/Residential – 3.5:1

Site 13M-2, 13M-3, 13M-4
Retail/Commercial – 3.5:1
Retail/Residential – 3.2:1
Redevelopment over the amalgamated site
Retail/Residential 6:1
Rear Boundary SetbackRetail/Commercial – 6m
Residential – 12m
No change
Street SetbacksNoNo change
AwningsPosted awning to Barratt St
Cantilevered awning to Woodville Street on all sites
Cantilevered awnings to both Woodville and Barratt Streets
BalconiesMinimum 1 per unit @ 8 sq.m
2m minimum dimension
Can extend 450mm beyond envelope
2m minimum dimension will be constant design objective. There will need to be concessions in particular cases for dimensions less than 2m
Vehicle AccessWoodville StreetNo amendment sought
Car ParkingMin % on Site - Use - Rate sq.m
70 - Commercial - 55
70 – Retail - 27.5
100 – Residential - 100
Visitors 1 per 4 units
No amendments sought other than Retail increasing from 27.5 to 55


Built FormThe visible building heights closely match those of the adjoining developments on Barratt and Woodville Streets and are considered to achieve a built form transition between the two streets.

The proposed design responds to the curve of Barratt Street and picks up on design features of the adjoining office block (33 MacMahon Street).

Proposed building envelopes and an artist impression of the development have been included below.

(See the attachments below in Appendix)

RELATIONSHIP BETWEEN THE TWO BUILDINGS

The proposed Church of Christ site at 29-31 MacMahon Street backs onto a north-west boundary of the Barratt/Woodville Street site for the extent of the courtyard of the latter development. The worship and youth activity areas of the Church site back directly onto the Barratt/Woodville Street site boundary with the office floors of the Church site set back 3 metres from the boundary. The height of the Barratt/Woodville Street development on the western boundary of the subject site would be approximately 38 metres.

RELATIONSHIP TO HURSTVILLE MASTERPLAN

Council would be aware that the NSW Government Architect is preparing a Masterplan for the Hurstville CBD. Work to date shows the area around MacMahon Street is the high point of the CBD and best practice urban design recommends concentrating high buildings on the high points of a town.

Both proposals respond to this concept and have had input from the Government Architect to ensure consistency with the Hurstville CBD Masterplan.

In addition to the urban design benefits, it is also desirable to concentrate high rise and more ‘intense’ developments in the core of the CBD.

CONCLUSION

The two proposed developments when viewed together provide for a mix of land uses within the core of the CBD. This being commercial office space, community uses (Church), retail and residential.

The proposed retention and expansion of the Church of Christ intends to reinstate the civic role of the church and indeed the civic role of MacMahon Street. Community uses are significantly expanded, the new commercial office space provides for 1800 sq. m of additional floor space to the CBD and the built form is considered to respond to the existing development pattern in MacMahon Street.

The Barratt/Woodville Street development provides retail uses on the ground floor that could incorporate cafes and restaurants, residential apartments and the built form responds to the curve of Barratt Street and the adjoining MacMahon Plaza residential tower.

Both proposals are considered to be consistent with the work being done for the Hurstville CBD Masterplan and provide community benefit and revitalisation for this area of the CBD.

State Environmental Planning Policy No. 65 (SEPP 65) requires draft DCPs which provide for apartments with a height of 3 storeys of more to be referred to the Design Review Panel for comment. It is therefore recommended that Council note the proposals detailed at this stage and await the Design Review Panel’s advice before making a decision on whether to proceed with public exhibition. While the Church of Christ proposal is not required to be referred to the Panel under the SEPP (as it does not contain residential uses) there is a close relationship between the two proposals and it is suggested they be considered together.


APPENDIX
Church of Christ 1.jpgChurch of Christ 2.jpgPerspective View in MacMahon St.jpg

Block13 picture1.jpgBlock 13 picture 3.jpgBlock 13 picture 2.jpg


COMMITTEE RECOMMENDATION
THAT Council note the two amendments as outlined in this report to Development Control Plan No. 4 – Hurstville Town Centre.

THAT the amendments be forwarded to the Design Review Panel in accordance with State Environmental Planning Policy No. 65, for comment and feedback.

FURTHER THAT the matter be reported back to Council once the Design Review Panel has made appropriate comments, where a decision can then be made regarding the draft amendments to the Hurstville Town Centre Development Control Plan and public exhibition.
(Moved Clr V Badalati/Seconded Clr S Chan)
COUNCIL RESOLUTION
RESOLVED THAT Council note the two amendments as outlined in this report to Development Control Plan No. 4 – Hurstville Town Centre.

THAT the amendments be forwarded to the Design Review Panel in accordance with State Environmental Planning Policy No. 65, for comment and feedback.

FURTHER THAT the matter be reported back to Council once the Design Review Panel has made appropriate comments, where a decision can then be made regarding the draft amendments to the Hurstville Town Centre Development Control Plan and public exhibition.
(Moved Clr P Sansom /Seconded Clr C Lee)


Meeting Date: 16/04/2003

PPE018 - 03ADOPTION OF DRAFT ADVERTISING AND SIGNAGE DEVELOPMENT CONTROL PLAN

REPORT AUTHOR/S

Strategic Planner, Ms N Brown

FILE REFERENCE

T/01455

REASON FOR REPORT

To report on the public exhibition of the draft Advertising and Signage DCP

DOES AN EXISTING POLICY COVER THIS MATTER?

Yes, Council has an existing DCP for Outdoor Advertising

IF "NO" - SHOULD A POLICY BE DEVELOPED?

N/A

FINANCIAL IMPLICATIONS

N/A

DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details)

Yes - 4 December 2002, Item No. 7.01


EXECUTIVE SUMMARY
Council resolved at its meeting on 4 December 2002 to prepare and exhibit a draft Development Control Plan (DCP) for Advertising and Signage. This report will provide details of the public exhibition, and recommend that Council adopt the draft DCP.

A copy of the draft DCP has been circulated to Councillors prior to the Committee meeting.

RECOMMENDATION
THAT Council resolve pursuant to Section 72 of the Environmental Planning and Assessment Act 1979 and in accordance with Clause 21 (1)(b) of the Environmental Planning and Assessment Regulation 2000 to approve draft Development Control Plan No. 23 - Advertising and Signage, with the alterations as described in this report.

THAT Council give public notice of this decision in the local paper within 28 days of this decision in accordance with clause 21 (4) of the Environmental Planning and Assessment Regulation 2000.

THAT Council resolve pursuant to section 72 of the Environmental Planning and Assessment Act 1979 to support the preparation of a draft Development Control Plan for Exempt and Complying Development in accordance with clauses 16 and 17 of the Environmental Planning and Assessment Regulation 2000.

THAT Council publicly exhibit the draft Development Control Plan in accordance with clause 18 of the Environmental Planning and Assessment Regulation 2000.

THAT Council prepare and exhibit a draft local environmental plan pursuant to Section 54 of the Environmental Planning and Assessment Act 1979 to amend the Hurstville Local Environmental Plan 1994 in respect of exempt and complying development.

THAT the exhibition be in accordance with the Best Practice Guidelines published by the Department of Urban Affairs and Planning (January 1997) titled “LEPs and Council Land”.

FURTHER THAT the Department of Planning be notified of this resolution.

REPORT DETAIL

BACKGROUND

On 4 December 2002, a draft DCP for Advertising and Signage was distributed to Council and a resolution was made to place the draft document on public exhibition. The draft DCP had been prepared following legal advice from Deacons, and input from Council’s development and assessment planners.

Council, at it’s meeting on 4 December 2002, also resolved to reduce the time period for the removal of a real estate sign on a property after the sale or lease of a premises, from 14 days to 7 days. Letters have since been sent to real estate agents in Hurstville advising them of the change, and the draft DCP has been amended to reflect the 7-day time period.

DETAILS OF PUBLIC EXHIBITION

The draft DCP was publicly exhibited for a period of 29 days from 27 February 2003 to 27 March 2003 in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000. No written submissions were received in response to the draft DCP.

The public exhibition dates were advertised in the Leader, and copies were made available for public viewing at the customer service centre of Council’s Civic Centre, Hurstville Central and Penshurst branch libraries, as well as being able to be viewed on Council’s website.

Additionally, coloured information pamphlets (in English and Chinese) summarising key points of the draft DCP were included with the public exhibition material and distributed to shops along Forest Road, Hurstville to advise of the changes proposed. It is intended that these pamphlets will be made available to the public following the DCPs adoption to further support the new Advertising and Signage DCP.

DETAILS OF THE DRAFT ADVERTISING AND SIGNAGE DCP

The draft DCP sets out detailed controls for advertising and signage in Hurstville which arise from the need to incorporate the requirements of State Environmental Planning Policy No. 64 – Advertising and Signage (SEPP 64) and to address local issues in Hurstville relating to advertising and signage. The need to reflect best practice and legal advice has also played a role in the preparation of the draft DCP.

The draft DCP provides information on different types of signs and whether Council allows or prohibits such signs. Controls regulating the size, location and appearance of signs and other design considerations have been included. Importantly, all advertising and signage must be displayed in English, but may include a complete and accurate translation in another language, using wording and/or numbering that is not larger than the English message.

EXISTING SIGNAGE IN HURSTVILLE

Legal advice from Council’s Solicitors Deacons has been received which acknowledges the difficulty in ascertaining what signage in Hurstville has been approved by Council. In addressing the issue of controlling and regulating existing signage, legal advice recommends the following:

Legal advice states that Council may consider issuing Orders under section 121B of the Environmental Planning and Assessment Act 1979 if these discussions do not achieve desired outcomes.

CHANGES TO THE EXEMPT AND COMPLYING DCP

The development standards contained in Council’s Exempt and Complying DCP for ‘Advertising Structures and Displays’ will be replaced with the new provisions contained in the Advertising and Signage DCP No. 23.

Clause 9A of Hurstville LEP 1994 sets out that development is exempt or complying development only if, inter alia, it complies with the development standards and other requirements applied to the development by the Exempt and Complying DCP.

In view of these provisions, any advertising and signage that does not comply with the Exempt and Complying DCP No. 14 will require a development application and this will be assessed under the new Advertising and Signage DCP No. 23.

Therefore, one recommendation of this report is that Council resolve to amend the Exempt and Complying DCP to include the new development standards contained in the draft Advertising and Signage DCP, in order to create a stronger link between Council’s development standards for advertising and signage and the statutory force of the Hurstville LEP 1994.

CONCLUSION

The draft DCP for Advertising and Signage will be an effective policy mechanism to control the use and design of advertising signs in Hurstville. The draft DCP has been publicly exhibited, with no written submissions being received. Therefore, the Council:

1. may approve the plan in the form in which it was publicly exhibited; or (clause 21 (1)(a) of the Environmental Planning and Assessment Regulation 2000)
2. may approve the plan with such alterations as the Council thinks fit; or (clause 21 (1)(b) of the Environmental Planning and Assessment Regulation 2000)
3. may decide not to proceed with the plan (clause 21 (1)(c) of the Environmental Planning and Assessment Regulation 2000)

It is the recommendation of this report that the draft DCP be adopted with the minor amendments detailed in this report.


APPENDIX
final draft DCP.doc

COMMITTEE RECOMMENDATION
THAT Council resolve pursuant to Section 72 of the Environmental Planning and Assessment Act 1979 and in accordance with Clause 21 (1)(b) of the Environmental Planning and Assessment Regulation 2000 to approve draft Development Control Plan No. 23 - Advertising and Signage, with the alterations as described in this report.

THAT Council give public notice of this decision in the local paper within 28 days of this decision in accordance with clause 21 (4) of the Environmental Planning and Assessment Regulation 2000.

THAT Council resolve pursuant to section 72 of the Environmental Planning and Assessment Act 1979 to support the preparation of a draft Development Control Plan for Exempt and Complying Development in accordance with clauses 16 and 17 of the Environmental Planning and Assessment Regulation 2000.

THAT Council publicly exhibit the draft Development Control Plan in accordance with clause 18 of the Environmental Planning and Assessment Regulation 2000.

THAT Council prepare and exhibit a draft local environmental plan pursuant to Section 54 of the Environmental Planning and Assessment Act 1979 to amend the Hurstville Local Environmental Plan 1994 in respect of exempt and complying development.

THAT the exhibition be in accordance with the Best Practice Guidelines published by the Department of Urban Affairs and Planning (January 1997) titled “LEPs and Council Land”.

FURTHER THAT the Department of Planning be notified of this resolution.
(Moved Clr S McMahon/Seconded Clr B Giegerl)
COUNCIL RESOLUTION
RESOLVED THAT Council resolve pursuant to Section 72 of the Environmental Planning and Assessment Act 1979 and in accordance with Clause 21 (1)(b) of the Environmental Planning and Assessment Regulation 2000 to approve draft Development Control Plan No. 23 - Advertising and Signage, with the alterations as described in this report.

THAT Council give public notice of this decision in the local paper within 28 days of this decision in accordance with clause 21 (4) of the Environmental Planning and Assessment Regulation 2000.

THAT Council resolve pursuant to section 72 of the Environmental Planning and Assessment Act 1979 to support the preparation of a draft Development Control Plan for Exempt and Complying Development in accordance with clauses 16 and 17 of the Environmental Planning and Assessment Regulation 2000.

THAT Council publicly exhibit the draft Development Control Plan in accordance with clause 18 of the Environmental Planning and Assessment Regulation 2000.

THAT Council prepare and exhibit a draft local environmental plan pursuant to Section 54 of the Environmental Planning and Assessment Act 1979 to amend the Hurstville Local Environmental Plan 1994 in respect of exempt and complying development.

THAT the exhibition be in accordance with the Best Practice Guidelines published by the Department of Urban Affairs and Planning (January 1997) titled “LEPs and Council Land”.

FURTHER THAT the Department of Planning be notified of this resolution.
(Moved Clr P Sansom /Seconded Clr C Lee)

It being noted that Councillor S Chan requested that her name be recoreded as voting against the motion.