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 15TH OCTOBER, 2003
Summary:
Item No: PPE050 - 03 - DRAFT AMENDMENT TO DEVELOPMENT CONTROL
PLAN NO. 14 – EXEMPT AND COMPLYING
DEVELOPMENT
(Report by Strategic Planner, Ms N Brown) T/01388
Item No: PPE051 - 03 - SUMMARY OF THE PLANFIRST REVIEW TASKFORCE
REPORT
(Report by Strategic Planner, Ms L Bode) L/00066
Item No: PPE052 - 03 - DRAFT AMENDMENT TO HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 ADVERTISING AND
SIGNAGE
(Report by Strategic Planner, Ms N Brown) 03/00744
Item No: PPE053 - 03 - PUBLIC EXHIBITION OF DRAFT AMENDMENT TO
HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 –
ROAD WIDENING FOR PART OF LOT 202, DP 1030293
(Report by Student Strategic Planner, Ms R Osman) L/00090
Item No: PPE054 - 03 - UPDATE ON PRIVATE CERTIFICATION PROCESS FOR
BUILDING AND SUBDIVISION WORK
(Report by Manager - Development Control, Mr G Young) 03/01071
Item No: PPE055 - 03 - REZONING OF LAND IN THE VICINITY OF SALT PAN
CREEK (REAR BELMORE ROAD, PEAKHURST
BETWEEN ULSTER STREET AND CYPRESS DRIVE) –
DRAFT HURSTVILLE LEP 1994 ( AMENDMENT NO. 8)
(Report by Student Strategic Planner, Ms R Osman) R/00653
Item No: PPE056 - 03 - PERFORMANCE INDICATORS IN THE STRATEGIC
COMPONENT OF THE 2003-2006 HURSTVILLE CITY
COUNCIL MANAGEMENT PLAN
(Report by Manager Corporate Planning, Ms J Williams) M/00008
Item No: PPE057 - 03 - DRAFT AMENDMENT TO DEVELOPMENT CONTROL
PLAN NO. 4 - HURSTVILLE TOWN CENTRE (BLOCK 15G
& PART BLOCK 15F) – CORNER CROSS AND CROFTS
STREET (CROSSWALK HOUSE) – NEW ILLAWARRA
CATHOLIC CLUB
(Report by Manager Strategic Planning, Mr M Jericho) T/01218
Item No: PPE058 - 03 - FORMAL ADOPTION OF THE HURSTVILLE VISION
(Report by Manager Corporate Planning, Ms J Williams) 03/00647
___________________________________________________________________________
Meeting No. 9 to be held on 15th October, 2003
HURSTVILLE CITY COUNCIL
CIVIC CENTRE, MACMAHON STREET, HURSTVILLE 2220
8 October, 2003
His Worship the Mayor and the Councillors
Dear Member,
I have by direction to inform you that a meeting of the POLICY, PLANNING AND ENVIRONMENT Committee of the Council will be held at the Civic Centre, Hurstville, on WEDNESDAY, 15 OCTOBER, 2003 at 7.00 P.M for consideration of the business mentioned hereunder.
Yours faithfully,
GENERAL MANAGER
B U S I N E S S:
5.30 p.m. Dinner
7.00 p.m. 1. Apologies
2. Disclosure of Interest
3. Consideration of reports submitted to the:
Policy Planning and Environment Committee
Councillor J Morris
Councillor S Chan
Councillor S Nasser
Councillor P Sansom (Chairperson)
Meeting Date: 15/10/2003
| PPE050 - 03 | DRAFT AMENDMENT TO DEVELOPMENT CONTROL PLAN NO. 14 – EXEMPT AND COMPLYING DEVELOPMENT |
 REPORT AUTHOR/S | Strategic Planner, Ms N Brown |
FILE REFERENCE | T/01388 |
REASON FOR REPORT | To recommend a further draft amendment to DCP No. 14 - Exempt and Complying Development relating to child care activities. |
DOES AN EXISTING POLICY COVER THIS MATTER? | Yes – DCP No. 14 – Exempt and Complying Development |
IF "NO" - SHOULD A POLICY BE DEVELOPED? | N/A, but amendments to the existing DCP are recommended. |
FINANCIAL IMPLICATIONS | N/A |
DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details) | Yes – PPE049-03, 17 September 2003 |
EXECUTIVE SUMMARY
Following recent advice from Council’s Community Services Department and the NSW Department of Community Services, it is recommended that amendments to Development Control Plan (DCP) No. 14 Exempt and Complying Development be considered in relation to child care activities.
RECOMMENDATION
THAT Council resolve pursuant to section 72 of the Environmental Planning and Assessment Act 1979, to amend Control Plan (DCP) No. 14 Exempt and Complying Development, as detailed in this report, in accordance with clauses 16 and 17 of the Environmental Planning and Assessment Regulation 2000.
FURTHER THAT, Council publicly exhibit the draft development control plan in accordance with clause 18 of the Environmental Planning and Assessment Regulation 2000.
REPORT DETAIL
WHY ARE AMENDMENTS TO DCP 14 NEEDED?
The current DCP 14 does not make reference to child caring activities in the home. Clarification is required about the exempt development requirements that must be met for home-based child care and for carers registered with Council’s Family Day Care Scheme.
MATTERS COVERED BY DRAFT AMENDMENTS TO DCP No. 14
Current DCP 14
Exempt development does not require Council approval. The current DCP 14 permits “Home activities and Residential offices” as exempt development if the activity meets the exempt requirements. Some of the exempt requirements include:
- “(c) Noise emitted shall not exceed the background level in any octave band from 63.0 Hz centre frequencies inclusive at the boundary of the site. The method of measurement of sound shall be carried out in accordance with AS 1055.1;
(d) Hours of operation – 8am to 6pm, Monday to Saturday. No home activities shall be permitted outside the above hours, on Sunday or on any Public Holiday without prior Development Consent from Council.;
(f) Is located in one room of the dwelling not exceeding 25m2.”
These requirements are not considered appropriate if applied to child care activities in the home, and are not consistent with Council’s policies and procedures relating to this activity.
Proposed Amendments to DCP 14
It is proposed that a new category of exempt development be inserted into DCP 14 entitled “Carers with Family Day Care Children’s Services, and Home Based Children’s Services.”
Child care activities in the home that are not registered with Council’s Family Day Care Scheme are called Home Based Children’s Services under State legislation, and are required to obtain a license from the NSW Department of Community Services. This then makes them the responsibility of that Department.
The proposed new category is detailed below:
SCHEDULE 1: EXEMPT DEVELOPMENT
| EXEMPTION REQUIREMENTS |
| (a) The Family Day Care and Home Based Child Care Services Regulation 1996 and Children and Young Persons (Care and Protection) Act 1998 are fully complied with, and
(ii) a license has been obtained from the NSW Department of Community Services. If the above criteria is not met, the child care activity in the home is prohibited. |
- “family day care children’s service” means a children’s service that organises or arranges for the care to be provided at the home of a carer other than the licensee of a home based children’s service.
“home based children’s service” means a children’s service in which the care (not being the care organised or arranged by a family day care children’s service) is provided at the home of the carer, not being the home of any of the children receiving the care (other than a child related to the carer).
The references to private home based carers for children under the headings ‘home activity’ and ‘residential office’ in the draft DCP 14 previously distributed for public exhibition are to be deleted in light of the amendments outlined in this report.
CONCLUSION
It is recommended that the amendments described in this report be made to DCP 14 to clarify the requirements for exempt development relating to child care activities in the home in Hurstville, and that these amendments be publicly exhibited.
APPENDIX
COMMITTEE RECOMMENDATION
THAT Council resolve pursuant to section 72 of the Environmental Planning and Assessment Act 1979, to amend Control Plan (DCP) No. 14 Exempt and Complying Development, as detailed in this report, in accordance with clauses 16 and 17 of the Environmental Planning and Assessment Regulation 2000.
FURTHER THAT, Council publicly exhibit the draft development control plan in accordance with clause 18 of the Environmental Planning and Assessment Regulation 2000.
(Moved Clr C Lee/Seconded Clr S McMahon)
COUNCIL RESOLUTIONRESOLVED THAT Council resolve pursuant to section 72 of the Environmental Planning and Assessment Act 1979, to amend Control Plan (DCP) No. 14 Exempt and Complying Development, as detailed in this report, in accordance with clauses 16 and 17 of the Environmental Planning and Assessment Regulation 2000.
FURTHER THAT, Council publicly exhibit the draft development control plan in accordance with clause 18 of the Environmental Planning and Assessment Regulation 2000.
(Moved Clr P Sansom /Seconded Clr S McMahon)
Meeting Date: 15/10/2003
| PPE051 - 03 | SUMMARY OF THE PLANFIRST REVIEW TASKFORCE REPORT |
REPORT AUTHOR/S | Strategic Planner, Ms L Bode |
FILE REFERENCE | L/00066 |
REASON FOR REPORT | To advise Council of the recommendations of the report of the PlanFirst Review Taskforce. |
DOES AN EXISTING POLICY COVER THIS MATTER? | No |
IF "NO" - SHOULD A POLICY BE DEVELOPED? | No |
FINANCIAL IMPLICATIONS | None |
DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details) | Yes. PPE 07:02, 24 July 2002 |
EXECUTIVE SUMMARY
The PlanFirst Review Taskforce has released a report on behalf of the Minister for Infrastructure, Planning and Natural Resources that investigates whether the PlanFirst reforms announced in 2002 should be pursued as a means of reforming the NSW planning system.
This report outlines the major recommendations of the Taskforce’s report.
RECOMMENDATION
THAT Council receive and note the report.
REPORT DETAIL
BACKGROUND
Council will recall a report of the meeting of 24 July 2002 providing an update on the status of PlanFirst, a NSW Government initiative for planning reform. On 12 June 2003, the Minister for Infrastructure and Planning and Minister for Natural Resources (the Minister) announced that a Taskforce was to be formed to report on whether the PlanFirst reforms announced in 2002 should be pursued either in whole or in part as a means of reforming the NSW planning system.
The Taskforce were asked to investigate and report on:
1. Whether the Government should continue to pursue the PlanFirst reforms.
2. Any changes to the PlanFirst approach which may be necessary following the reorganisation of planning and natural resources management in the State.
3. How the strategic planning fee, currently being collected on certain development applications, should be used to progress reform of the planning system.
4. Consultation with stakeholders as necessary to ascertain views.
The Taskforce comprised of representatives of local government, the development industry and the Department of Infrastructure, Planning and Natural Resources (DIPNR).
THE STRATEGIC PLANNING FEE
Council is currently required to collect a strategic planning fee on certain development applications to assist in rolling out PlanFirst and implementing planning system reform. The Taskforce examined a range of possibilities for the continued collection of the fee. The recommendations arising from this investigation are included below.
RECOMMENDATIONS OF THE TASKFORCE
Major recommendations of the Taskforce’s report are:
Regional Planning
· A more flexible approach to defining regions and their boundaries to suit the particular regional planning issue being examined or developed.
· DIPNR should prepare regional strategies for targeted priority areas to guide and direct sustainable development, growth and change.
· DIPNR should use appropriate consultation and stakeholder involvement, instead of the regional forums originally envisaged, including advisory committees.
Local Planning
· Each Council should prepare one integrated plan, consistent with, and giving effect to, State planning policies, regional plans and regional strategies and linking to council’s broader objectives.
· To provide consistent interpretation, minimise costs and improve accessibility, integrated plans could have common content, including definitions, land use zones and statutory clauses.
· DIPNR should develop best practice guidelines, and provide a dedicated liaison team to assist councils, before 31 December 2003.
· Each council be encouraged to prepare a long term strategy for its area.
· Councils should consolidate their existing plans into one integrated plan and this should be done to a suitable timetable, with metropolitan, coastal and amalgamated councils to be targeted as priorities.
Strategic Planning Fee
· Abolition or retention should be explored following completion of reviews of Section 94 and other levies.
· A comprehensive strategy should target local government for early spending of the fee revenue collected to date. This may include piloting e-planning and other planning reform initiatives.
The Minister has advised that he will be adopting all of the recommendations of the review.
IMPLEMENTATION AND LEGISLATIVE CHANGE
The Taskforce has concluded that the Environmental Planning and Assessment Act 1979 (the Act) does not need to be extensively amended to allow improvements to the current planning system. Recommendations that do require legislative amendments are categorised below.
Short Term
· Integrated plan standard template (including standard zones, definitions and model provisions): requires amendment to the Environmental Planning and Assessment (EP&A) Regulation before 31 December 2003. A section 71 Determination can be used as an alternative mechanism in the interim if necessary.
· Strategic planning fee: clarifying the administration and application of the fee will require an amendment to the EP&A Regulation.
Longer Term
These amendments are not required immediately, but are recommended to be undertaken as part of any future comprehensive amendments to the EP&A Act.
· Consolidation of competing environmental planning and natural resource legislation into one Act.
· The requirement to prepare the statutory components of integrated plans in accordance with the standard template after 31 December 2006 will require an amendment to the Regulation.
· The requirement for councils to adopt the non-statutory components of integrated plans before 31 December 2008 will require an amendment to the Regulation.
· The mandatory requirement for councils to consolidate their planning instruments into a maximum of one integrated plan for every LGA will require an amendment to the Act. DIPNR’s timetable for this to occur in metropolitan, coastal and inland LGAs will require an amendment to the Regulation.
· The difference between the role and function of the LEP and DCP components of integrated plans must be clearly maintained. However, the provision of greater certainty and statutory weight to the DCP provisions of integrated plans must be achieved.
CONCLUSION
Council will continue to be advised on the implementation of the recommendations from the review.
APPENDIX
COMMITTEE RECOMMENDATION
THAT Council receive and note the report.
(Moved Clr S McMahon/Seconded Clr C Lee)
COUNCIL RESOLUTIONRESOLVED THAT Council receive and note the report.
(Moved Clr P Sansom /Seconded Clr S McMahon)
Meeting Date: 15/10/2003
| PPE052 - 03 | DRAFT AMENDMENT TO HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 ADVERTISING AND SIGNAGE |
REPORT AUTHOR/S | Strategic Planner, Ms N Brown |
FILE REFERENCE | 03/00744 |
REASON FOR REPORT | To report on the public exhibition of a draft amendment to the Hurstville LEP 1994 in respect of advertising and signage, and recommends its adoption. |
DOES AN EXISTING POLICY COVER THIS MATTER? | Yes – Council’s DCP for Advertising and Signage No. 23. |
IF "NO" - SHOULD A POLICY BE DEVELOPED? | No |
FINANCIAL IMPLICATIONS | N/A |
DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details) | Yes – Item No. 07.01, 18 December 2002 |
EXECUTIVE SUMMARY
Council resolved at its meeting on 18th December 2002 to prepare and exhibit a draft local environmental plan (LEP) to amend the Hurstville Local Environmental Plan 1994 in respect of advertising and signage (Item No. 07.01). The draft LEP has been prepared in order to create a stronger link with DCP No. 23 - Advertising and Signage, and to make appropriate amendments in accordance with State Environmental Planning Policy No. 64 – Advertising and Signage (SEPP 64).
This report provides details of the public exhibition, and recommends that Council proceed with the draft LEP as exhibited.
RECOMMENDATION
THAT Council resolve to proceed with Hurstville Local Environmental Plan 1994 (Amendment No. 47) to amend the Hurstville Local Environmental Plan 1994 in respect of advertising and signage, and forward the section 69 report to the Minister.
REPORT DETAIL
BACKGROUND
Council will recall resolving at its meeting on 18 December 2002 to amend the Hurstville LEP 1994 to strengthen controls for advertising and signage. Legal advice was received from Deacons in November 2002, which emphasised the need to more closely relate Council’s DCP for advertising and signage with Hurstville LEP 1994. Council has since adopted DCP No. 23 - Advertising and Signage (DCP 23) in April 2003.
The purpose of the draft LEP for advertising and signage is to strengthen the link between the Hurstville LEP and DCP 23, so that Council is better placed to apply the controls contained in DCP 23, and so that Council can prohibit certain types of advertising signs with statutory force.
Appropriate amendments are also proposed to update the Hurstville LEP in accordance with the requirements of SEPP 64. This is necessary because SEPP 64 overrides the provisions of the Hurstville LEP.
DETAILS OF DRAFT LEP
In summary, the draft LEP:
1. amends the definition of “commercial sign” to exclude illuminated signs,
2. deletes “advertising” as being permissible only with consent in certain zones, in accordance with SEPP 64,
3. describes Council’s objectives regarding advertising and signage in Hurstville,
4. applies certain criteria for proposed advertising that must be satisfied prior to Council granting consent, and
5. prohibits certain types of development relating to advertising and signage.
DETAILS OF PUBLIC EXHIBITION
The draft LEP was publicly exhibited from 4 September 2003 to 1 October 2003. Two submissions were received on the draft plan. The submissions and the officers comments and recommendations are detailed below.
1. Rail Estate – The Property Group of State Rail
- Requested that “the Developer must submit any proposals to Rail for the use of lights, signs, and reflective materials, whether permanent or temporary, in the proximity of the Rail Party’s facilities prior to commencing work.”
Officers Comment
This recommended condition of consent is considered to be ambiguous and not in keeping with Council’s policy for notification process i.e. Council does not normally request developers to submit their proposals to public authorities. All development applications for advertising signs, whether in the proximity of railway facilities or not, are assessed under DCP 23. DCP 23 incorporates controls relating to sign illumination, context and siting of advertising signs, and traffic and pedestrian safety. Additionally, State Rail would be notified of any proposals for advertising signs on land adjoining railway land as part of Council’s notification process.
Recommendation
The submission from Rail Estate will be further investigated by requesting that Rail Estate further clarify the request made. No change to the draft LEP is required.
2. Roads and Traffic Authority
- Raised no objection to the plan.
Officers Comment
No action required.
Recommendation
No change.
STATEMENT IN ACCORDANCE WITH SECTION 68(4) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
Council is required to submit a section 69 report to the Minister for final approval of the draft LEP. Pursuant to section 68(4) of the Environmental Planning and Assessment Act 1979, that report will include the following matters and comments:
(a) Two submissions were received, which raised no objection to the plan.
(b) A public hearing was not required.
(c) No alterations were made to the draft LEP in response to public exhibition. Parliamentary Counsel is yet to amend the draft LEP to reflect their requirements. These changes will be incorporated into the draft plan.
(d)
- i. All provisions of section 66 and 67 of the Act have been complied with in the preparation of this plan. The draft LEP was publicly exhibited between 4 September 2003 and 1 October 2003 in accordance with the certificate issued under section 65 of the Act on 29 August 2003. During this period, notice of the draft LEP was given in local newspapers and submissions invited from the public in accordance with the Regulations.
ii. All relevant State Environmental Planning Policies, Regional Environmental Plans and directions have been considered.
iii. The draft LEP is consistent with all relevant instruments and directions referred to in subparagraph (ii).
iv. There were no provisions excluded from the draft plan that were originally included.
A copy of the draft LEP has been attached as an appendix to this report.
CONCLUSION
The draft amendment to the Hurstville LEP 1994 detailed in this report is considered to strengthen the link between the Hurstville LEP 1994 and Council’s DCP No. 23 – Advertising and Signage, and to incorporate necessary
APPENDIX
COMMITTEE RECOMMENDATION
THAT Council resolve to proceed with Hurstville Local Environmental Plan 1994 (Amendment No. 47) to amend the Hurstville Local Environmental Plan 1994 in respect of advertising and signage, and forward the section 69 report to the Minister.
(Moved Clr S McMahon/Seconded Clr C Lee)
COUNCIL RESOLUTIONRESOLVED THAT Council resolve to proceed with Hurstville Local Environmental Plan 1994 (Amendment No. 47) to amend the Hurstville Local Environmental Plan 1994 in respect of advertising and signage, and forward the section 69 report to the Minister.
(Moved Clr P Sansom /Seconded Clr S McMahon)
Meeting Date: 15/10/2003
| PPE053 - 03 | PUBLIC EXHIBITION OF DRAFT AMENDMENT TO HURSTVILLE LOCAL ENVIRONMENTAL PLAN 1994 – ROAD WIDENING FOR PART OF LOT 202, DP 1030293 |
REPORT AUTHOR/S | Student Strategic Planner, Ms R Osman |
FILE REFERENCE | L/00090 |
REASON FOR REPORT | To report on the public exhibition of a draft amendment to the Hurstville LEP 1994 which removes the zoning from part of Lot 202, DP 1030293 for road widening and recommends its adoption. |
DOES AN EXISTING POLICY COVER THIS MATTER? | Yes- Hurstville LEP 1994 applies to this land |
IF "NO" - SHOULD A POLICY BE DEVELOPED? | No |
FINANCIAL IMPLICATIONS | N/A |
DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details) | 21 May 2003, item PPE022 – 03 27 August 2003, item PPE043 – 03 |
EXECUTIVE SUMMARY
Council resolved at its meeting on 27 August 2003 to prepare and exhibit a draft local environmental plan (LEP) which removes the industrial zoning from a parcel of land at Kingsgrove to accommodate road widening at the request of the Roads and Traffic Authority.
This report provides details of the public exhibition, and recommends that Council proceed with the draft LEP as exhibited.
RECOMMENDATION
THAT Council resolve to proceed with Hurstville Local Environmental Plan 1994 (Amendment No. 45) to amend the Hurstville Local Environmental Plan 1994 to remove the zoning from part of Lot 202, DP 1030293 to allow for road widening, and forward the section 69 report to the Minister.
REPORT DETAIL
BACKGROUND
Council will recall a draft amendment to the Hurstville LEP 1994 which emerged as a result of road works associated with the M5 (East) Motorway. The Roads and Traffic Authority (RTA) had been required to create a new road boundary for road widening purposes for land which is part of Lot 202, DP 1030293, Kingsgrove.
In order that the Hurstville LEP 1994 map correctly shows the new road boundary, the current zoning of the subject land must be removed. This is necessary because Hurstville LEP 1994 does not allocate a zoning for road uses.
DETAILS OF PUBLIC EXHIBITION
The draft LEP was publicly exhibited from Thursday, 4 September 2003 to Wednesday, 1 October 2003. The draft Plan was available to view on Council’s website, at the Customer Service Centre of Council, Penshurst and Hurstville libraries. No submissions were received from members of the public. One submission was received from a public authority on the draft plan. The submission and the officer’s comments are detailed below.
1. Submission
- Sydney Water’s submission raised no particular objections to the plan, but noted that
the Wolli Creek amplification stormwater channel lies adjacent to the site, and that the subject land has been allocated for future road widening purposes.
Officers Comment
This advice has been noted
STATEMENT IN ACCORDANCE WITH SECTION 68(4) OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979
Council is required to submit a section 69 report to the Minister for final approval of the draft LEP. Pursuant to section 68(4) of the Environmental Planning and Assessment Act 1979, that report will include the following matters and comments:
(a) No submissions from the public were received.
(b) A public hearing was not required under the Local Government Act 1993.
(c) No alterations were made to the draft LEP in response to public exhibition.
(d)
- i. All provisions of section 66 and 67 of the Act have been complied with in the preparation of this plan. The draft LEP was publicly exhibited between Thursday, 4 September 2003 to Wednesday, 1 October 2003. During this period, notice of the draft LEP was given in local newspapers and submissions invited from the public in accordance with the Regulations.
ii. All relevant State Environmental Planning Policies, Regional Environmental Plans and directions have been considered.
iii. The draft LEP is consistent with all relevant instruments and directions referred to in subparagraph (ii).
iv. There were no provisions excluded from the draft plan that were originally included.
Parliamentary Counsel has provided an opinion that the draft plan can be made.
A copy of the draft LEP has been attached as an appendix to this report.
CONCLUSION
It is the recommendation of this report that Council proceeds with the draft amendment to Hurstville LEP 1994 detailed in this report to remove the zoning from part of Lot 202, DP 1030293 in order to allow for road widening.
APPENDIX
COMMITTEE RECOMMENDATION
THAT Council resolve to proceed with Hurstville Local Environmental Plan 1994 (Amendment No. 45) to amend the Hurstville Local Environmental Plan 1994 to remove the zoning from part of Lot 202, DP 1030293 to allow for road widening, and forward the section 69 report to the Minister.
(Moved Clr S McMahon/Seconded Clr C Lee)
COUNCIL RESOLUTIONRESOLVED THAT Council resolve to proceed with Hurstville Local Environmental Plan 1994 (Amendment No. 45) to amend the Hurstville Local Environmental Plan 1994 to remove the zoning from part of Lot 202, DP 1030293 to allow for road widening, and forward the section 69 report to the Minister.
(Moved Clr P Sansom /Seconded Clr S McMahon)
Meeting Date: 15/10/2003
| PPE054 - 03 | UPDATE ON PRIVATE CERTIFICATION PROCESS FOR BUILDING AND SUBDIVISION WORK |
REPORT AUTHOR/S | Manager - Development Control, Mr G Young |
FILE REFERENCE | 03/01071 |
REASON FOR REPORT | Response to Question Without Notice (Q. 34-03) By Councillor S McMahon re Private Certifiers at the Council Meeting held on 25th June, 2003. |
DOES AN EXISTING POLICY COVER THIS MATTER? | No |
IF "NO" - SHOULD A POLICY BE DEVELOPED? | No - however Service Level Agreement for appointment of Council as Principal Certifying Authority should be revised. |
FINANCIAL IMPLICATIONS | Mandatory inspections may significantly increase workload for Council's inspection staff. |
DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details) | Item 05.01 - Procedure for dealing with Private Accredited Certifiers/Principal Certifying Authorities considered by Policy Review, Forward Planning and Staff Committee held on 20th November, 2000. |
EXECUTIVE SUMMARY
1. Amendments to the Environmental Planning and Assessment Act governing the certification process for buildings and subdivisions are due to commence in October, 2003.
2. It is anticipated that many of the problems with the certification process will be better addressed by the amending legislation.
3. Significant changes to the legislation involve the appointment of the Principal Certifying Authority, the mandating of critical phase inspections, the requirements for the issue of Occupation Certificates and more stringent requirements for accreditation and disciplinary action for private certifiers.
RECOMMENDATION
THAT the information be received and noted and the impact of the new legislation on Council's staffing requirements be reported back to Council prior to preparation of the next budget.
FURTHER, THAT Council's Service Level Agreement for Council's appointment as the Principal Certifying Authority be amended to suit the new inspection regime.
REPORT DETAIL
The certification of building and subdivision works by Accredited Private Certifiers was introduced into New South Wales in 1998 when building control was transferred from the Local Government Act to the Environmental Planning and Assessment Act. Since that time there has been considerable disquiet about the process.
In July 2002, the report of the Joint Select Committee on the Quality of Buildings was released. This report followed the Campbell Inquiry and resulted in the Building Legislation Amendment (Quality of Construction) Act 2002 - known as the BLA Act. The BLA Act was passed by Parliament in December 2002 and, in effect, amends:-
* the EP&A Act and Regulations
* the Home Building Act and Regulations, and
* the Conveyancing (Sale of Land) Regulation 2000.
The objects of the BLA Act are primarily to:-
* improve the structure of the home building industry
* focus attention where homes are actually being built with locally based building inspectors intervening when things go wrong
* streamline co-ordination between government regulatory bodies involved in home building, with a focus on
- certification of completed building
- occupation certificates
- notification of HBA requirements
- licensing of builders
- dispute resolution in relation to home building claims
- terms of building contracts
* establish a Building Professionals Board to act as a single accreditation and registration authority for building certifiers and design professionals
* establish a Building Co-ordination Committee for home building policy making
* establishment of an Office of Home Building within the Department of Fair Trading.
PROBLEMS EXPERIENCED WITH CERTIFICATION SYSTEM
The following problems have been encountered by Council over the past five years' operation of the private certification of building works as an alternative to Council certification of such works.
1. Construction Certificate being issued contrary to the Development Consent (either inconsistent with Development plans and/or conditions).
2. Construction Certificate being issued prematurely without regard for the terms of Deferred Commencement consent.
3. Construction Certificate being issued after commencement of building work.
4. Work commencing prior to Council receiving Notice of Commencement.
5. Complying Development Certificates not being forwarded to Council within seven days of issue.
6. Work proceeding not in accordance with Development Consent drawings and Construction Certificate drawings.
7. Certifiers acting as the Principal Certifying Authority (PCA) not doing inspections of work and relying on Engineers and suppliers to issue compliance certificates for the work.
8. Occupation of buildings prior to completion.
9. Reluctance of private certifiers acting as PCA to issue Notices of Intention to Serve an Order where works have departed from Development Consent or the Building Code of Australia.
10. The complaint handling system against Private Certifiers has been ineffective and has not resulted in effective sanctions against certifiers.
PROPOSED CHANGES TO LEGISLATION
The Building Legislation Amendment (Quality of Construction) Act 2002 (BLA Act) addresses Quality of Buildings through the following improvements to the certification system:-
* strengthens powers to enforce development consents and the proper conduct of certifiers
* better regulates critical components of construction
* ensures development proceeds in accordance with the Consent and the BCA
* better defines roles and responsibilities of certifying authorities, including the inspection of building work.
A brief summary of some of the significant reforms of the certification system to be introduced into the EP&A Act and Regulations are listed below, with comments where appropriate. The majority of these reforms are proposed to commence in law this month (October 2003), although not all will be retrospective (applicable to past approvals).
1) The amending legislation prohibits the builder from appointing the PCA, thus obviating the situation where a builder appointed PCA could be more willing to certify unsatisfactory work done by that builder. This does not prevent a developer, i.e. owner who is also the builder, from appointing his favoured certifier. It would, however, mitigate against a project builder using a favoured private certifier to oversee all projects unless individual owners are willing to appoint the PCA nominated by the project builder. This amendment could see much of the PCA inspection work returning to Council, even though the Construction Certificate may have been issued by a certifier who has his office at Wollongong or Liverpool.
2) Mandatory critical stage inspections will now be required to be carried out by the PCA, or another certifying authority. These will comprise, for Class 1 and Class 10 buildings (dwelling houses and other associated buildings):-
* placement of footings
* prior to pouring of reinforced concrete
* prior to covering stormwater drainage connections
* before covering framework
* before covering of waterproofing in wet areas.
In addition to the foregoing, the PCA must carry out inspections at the commencement of building work and at the completion of building work.
A reduced number of critical stage inspections are nominated for other classes of building.
3) Occupation Certificates are to be required for Class 1a dwellings and associated buildings (Class 10). This certificate is issued by the PCA and house/land packages cannot proceed to sale until at least fourteen (14) days after the purchaser has been provided with a final Occupation Certificate.
4) Verifying compliance with the Home Building Act requirements such as Builders' Licensing and Home Warranty Insurance are now clearly the responsibility of the PCA. Council must be notified regarding the name of the licensed builder, and name of insurer and ensure that any changes to this information during the currency of work are also notified to Council.
5) A formal audit process is to be established where both Council's files and those of the Private Certifiers will be reviewed. It is intended that this process be a routine sampling of files and/or initiated in response to complaints in specific cases. The Director General will have the power to dismiss complaints or refer the matter to the Administrative Decisions Tribunal.
6) Sanctions Against Certifiers may comprise either:-
* a caution or reprimand
* imposition of restrictions on accreditation
* an order for further training
* maximum fine of $33,000 and costs order up to $20,000
* suspension or withdrawal of accreditation.
CONCLUSION
The amendments to the legislation as discussed above will significantly improve the certification process.
The requirement to carry out critical phase inspections on all residential work will have a significant impact on Council's inspection staff and there will be a need to review Council's processes and procedures in this regard. Stricter record keeping will also be involved, as Council files will have to be made open for audit as well as those of private certifiers.
APPENDIX
COMMITTEE RECOMMENDATION
THAT the information be received and noted and the impact of the new legislation on Council's staffing requirements be reported back to Council prior to preparation of the next budget.
FURTHER, THAT Council's Service Level Agreement for Council's appointment as the Principal Certifying Authority be amended to suit the new inspection regime.
(Moved Clr S McMahon/Seconded Clr C Lee)
COUNCIL RESOLUTIONRESOLVED THAT the information be received and noted and the impact of the new legislation on Council's staffing requirements be reported back to Council prior to preparation of the next budget.
FURTHER, THAT Council's Service Level Agreement for Council's appointment as the Principal Certifying Authority be amended to suit the new inspection regime.
(Moved Clr P Sansom /Seconded Clr S McMahon)
Meeting Date: 15/10/2003
| PPE055 - 03 | REZONING OF LAND IN THE VICINITY OF SALT PAN CREEK (REAR BELMORE ROAD, PEAKHURST BETWEEN ULSTER STREET AND CYPRESS DRIVE) –DRAFT HURSTVILLE LEP 1994 ( AMENDMENT NO. 8) |
REPORT AUTHOR/S | Student Strategic Planner, Ms R Osman |
FILE REFERENCE | R/00653 |
REASON FOR REPORT | Deferred since 1999, this draft amendment requires a resolution |
DOES AN EXISTING POLICY COVER THIS MATTER? | Yes, Hurstville LEP 1994 applies. |
IF "NO" - SHOULD A POLICY BE DEVELOPED? | No |
FINANCIAL IMPLICATIONS | N/A |
DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details) | Yes. Item No. 7.02A, 17-2-1999 |
EXECUTIVE SUMMARY
In 1998, Council resolved to prepare a draft Local Environmental Plan (LEP) that proposed to rezone portions of land from 6(a) Open Space to Zone No. 2 Residential. The land to be rezoned are components of larger residential sites and with the exception of three Council owned properties, are held in private ownership. The land has not operated as public reserve, and does not currently operate as public reserve.
This draft LEP received a considerable number of objections and was deferred in 1999 pending the results of further investigations with regard to property valuations to be undertaken in order to understand the full implications of the potential rezoning. Since this time, Council has been in negotiation to purchased some of the lands in question, which renders the purpose of the draft LEP obsolete. As Council has not resolved to either proceed or abandon this draft LEP, the draft plan must be included on relevant section 149 Certificates, even though the draft LEP does not reflect Council's policy position and property negotations. This report recommends that Council formally resolve not to proceed with this draft amendment.
RECOMMENDATION
THAT Council not proceed with draft Hurstville Local Environmental Plan 1994 (Amendment No. 8).
FURTHER THAT the Department of Infrastructure, Planning and Natural Resources and affected property owners be notified of this resolution.
REPORT DETAIL
Draft Hurstville LEP 1994 (Amendment No 8), affects properties in the vicinity of Salt Pan Creek, between Ulster Street and Cypress Drive, Peakhurst.
The draft LEP applies to the whole or parts of Nos. 952, 954, 960, 962A and 964 Forest Road, Peakhurst and to the whole or parts of Nos. 5, 7, 13A, 15A, 21, 23, 29, 31A (being Lot 5, DP 740857), 37B (being Lot 173, DP 800498), 39, 45, 47A, 53A (being Lot 4, DP 593400), 55, 61, 63 and 67 Belmore Road, Peakhurst.
The draft LEP proposes to rezone portions of land at the rear of the above properties from Zone No. 6(a) Open Space to Zone No. 2 Residential, under Hurstville LEP 1994. The land subject to the rezoning are components of larger residential sites and with the exception of three Council owned properties, are held in private ownership. The land has not operated as public reserve, and does not currently operate as public reserve.
The subject portions of land to be rezoned fall within a foreshore building line affecting the properties. The only form of development permissible within this area are those specified in clause 19(5) of Hurstville LEP 1994, which includes baths, boat sheds, dressing sheds, wharves, jetties, structures below the surface of the ground, swimming pools, pergolas and boundary fences. These all require the consent of Council.
This draft LEP was exhibited between 5 November 1998 to 3 December 1998. The main issue raised in the submissions received from members of the public related to losing the opportunity to provide public access to the foreshore along Salt Pan Creek and extend the board-walks along the Salt Pan Creek Reserve.
110 submissions were opposed to the draft LEP and five (5) supporting. Despite this, only 5 submissions were received from the 19 affected property owners. All submissions from affected property owners supported the plan.
In response to the report presented, Council at its meeting on 27 January 1999 resolved that the matter be deferred pending an inspection of affected properties by interested councillors
Furthermore, at its meeting on 17 February 1999, Council deferred progressing this draft amendment to Hurstville LEP 1994 until further investigations with regard to property valuations were undertaken in order to understand the full implications of the potential rezoning. This was to include re-evaluations of the existing properties currently zoned Open Space both at the current Open Space zoning and also their value if they were to be rezoned as Residential. Council has since been in negotiation with some property owners, who requested Council purchase the portion of land zoned Open Space.
As Council has not resolved to either proceed or abandon this draft LEP, the draft plan must be included on relevant section 149 Certificates. The content of the draft LEP does not reflect Council's policy position and recent negotiations with property owners, and therefore it is considered that the draft LEP should no longer proceed. As such, it is recommended that Council formally resolve not to proceed with draft Hurstville LEP 1994 (Amendment No 8) and advise property owners and the Department of this resolution.
APPENDIX
COMMITTEE RECOMMENDATION
THAT Council not proceed with draft Hurstville Local Environmental Plan 1994 (Amendment No. 8).
FURTHER THAT the Department of Infrastructure, Planning and Natural Resources and affected property owners be notified of this resolution.
(Moved Clr S McMahon/Seconded Clr C Lee)
COUNCIL RESOLUTIONRESOLVED THAT Council not proceed with draft Hurstville Local Environmental Plan 1994 (Amendment No. 8).
FURTHER THAT the Department of Infrastructure, Planning and Natural Resources and affected property owners be notified of this resolution.
(Moved Clr P Sansom /Seconded Clr S McMahon)
Meeting Date: 15/10/2003
| PPE056 - 03 | PERFORMANCE INDICATORS IN THE STRATEGIC COMPONENT OF THE 2003-2006 HURSTVILLE CITY COUNCIL MANAGEMENT PLAN |
REPORT AUTHOR/S | Manager Corporate Planning, Ms J Williams |
FILE REFERENCE | M/00008 |
REASON FOR REPORT | To note modifications to the strategic performance indicators in the 2003-2006 Management Plan |
DOES AN EXISTING POLICY COVER THIS MATTER? | No |
IF "NO" - SHOULD A POLICY BE DEVELOPED? | No |
FINANCIAL IMPLICATIONS | N/A |
DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details) | General Manager’s Report to the Council Meeting on the 8th May 2003. Report tile - Draft Management Plan 2003/2006 and Draft Program Option Budget 2003/2004 |
EXECUTIVE SUMMARY
The General Manager is required to provide a quarterly report to Council on achievements against the Management Plan. The Department of Local Government recommends the quarterly performance reporting concentrate on the milestones and indicators in the Strategic Plan. Hurstville’s new look Strategic Plan component of the 2003 – 2006 Hurstville City Council Management Plan includes a suite of strategic performance indicators that are intended to present a balanced view of the organisation and measure progress towards achievement of the Community Vision and Key Directions.
During the first quarter of 2003/2004 Policy Planning and Environment has reduced, refined and modified the indicators to include objectives (why we report the information) and performance targets (how we will know if we are moving towards achieving our goals). The aim is to improve quarterly reporting to Council by:
· Beginning to align indicators to the Hurstville Horizons planning framework
· Presenting a mix of social, environmental and economic indicators
· Enabling the reader to quickly grasp the strategic implications of any trends.
RECOMMENDATION
THAT Council note the changes to the performance indicators in the strategic component of the 2003 – 2006 Hurstville City Council Management Plan.
FURTHER THAT Council receive the first report of strategic indicators at the end of the second (December) quarter of 2003/2004.
REPORT DETAIL
The following 27 indicators are suggested as the strategic indicators for the quarterly reporting to Council against the strategic component of the 2003-2006 Management Plan.
| Indicator | Target and/or Measure |
| % of recycling tonnage and green waste tonnage against total domestic waste tonnage | 23% recyclables 19% green waste |
| Number of complaints regarding missed rubbish pick ups Low level of complaints | Target – less than same time previous year Less than 1% of total service |
| Increase by 10% the number of bushland volunteers (currently 100) | 10% increase per annum |
| Increase by 10% the area of bushland being maintained. Currently 25% of all bushland is maintained | 10% increase per annum |
| % and number of incidents and claims lodged each quarter | Trends over time |
| All damaged regulatory signs that have safety implications will be repaired or replaced within 24 hours of notification of damage. All regulatory signs identified in the annual night audit as requiring maintenance will be repaired or replaced within 24 hours | 100% within 24 hours This performance indicator will be reported annually after the audit |
| Utilisation of sportsgrounds for competitions | Competition utilisation to exceed 40 days per annum per sportsground |
| All playgrounds audited at least quarterly to ensure equipment is safe for use | No accidents resulting from unsafe equipment |
| Services and facilities provided according to Centre for Environmental Management (CERM) standards and attributes | Achieve and maintain a score of 80 or better across all Customer Service Quality attributes |
| Services and facilities provided according to Centre for Environmental Management (CERM) standards and attributes | Achieve and maintain a score of 80 or better across all Customer Service Quality attributes |
Number of library loans Number of computer bookings | Number of visits to Hurstville and Penshurst Libraries per quarter Total circulation per quarter Number and time of computer bookings per quarter | Trends |
| Annual survey of users to assess the satisfaction with library services in conjunction with PLEG requirements | Maintain or improve level of satisfaction |
| Number of visitors to: · Museum · Gladwyn | Increase visits by 2% per year Number of program participants per year |
| Community satisfaction with the quality of: · Christmas Festival · Chinese New Year · Enter the Dragon | Exit surveys at both major events |
| Number of advisory committee meetings held. Committees include: · Ethnic Advisory Committee · Community Safety Committee · NAIDOC Week Committee · Access Committee · Youth Council · Cultural Network · Volunteer Committee · Child Care Parent Committee | Trends over time |
| Number of actions from the Action Plans listed, completed and reported to relevant committee. · Ethnic Access Action Plan · Cultural Plan · Disability Access Action Plan · Community Safety Plan | 90% of all actions due for completion in the quarter are completed |
| Council and other stakeholders consider the Hurstville CBD is clean and well maintained | Quarterly survey result at medium satisfaction level. Baseline to be established in 2003/2004 |
| The number and type of Development Control Plans updated each quarter | As per schedule in 2003/04 Management Plan |
| Stakeholder involvement in the Suburban Centres Improvement Program | Business Plans initiated by stakeholders for some suburban centres |
| Council’s property portfolio achieves an rate of return equal to or exceeding industry benchmarks | Industry benchmark |
| % and number of residents who are aware of Council activities and ways they can be involved | Baseline to be established during 2003/04 via community survey |
| % of residents and ratepayers who are satisfied or very satisfied with Council and Council’s services | Baseline to be established during 2003/04 via community survey |
| Council achieves the agreed target level of working capital surplus Council achieves an annual operating surplus | Achieve 2003/4 target Trends over time |
| Expenditure within budget | Target – Nil unfavourable variance |
If Council considers these 27 indicators to be appropriate the organisation will initiate cost effective processes to capture and collate the information. The first reports will presented to Council at the end of the second quarter of 2003/2004.
APPENDIX
COMMITTEE RECOMMENDATION
THAT Council note the changes to the performance indicators in the strategic component of the 2003 – 2006 Hurstville City Council Management Plan.
FURTHER THAT Council receive the first report of strategic indicators at the end of the second (December) quarter of 2003/2004.
(Moved Clr S McMahon/Seconded Clr C Lee)
COUNCIL RESOLUTIONRESOLVED THAT Council note the changes to the performance indicators in the strategic component of the 2003 – 2006 Hurstville City Council Management Plan.
FURTHER THAT Council receive the first report of strategic indicators at the end of the second (December) quarter of 2003/2004.
(Moved Clr P Sansom /Seconded Clr S McMahon)
Meeting Date: 15/10/2003
| PPE057 - 03 | DRAFT AMENDMENT TO DEVELOPMENT CONTROL PLAN NO. 4 - HURSTVILLE TOWN CENTRE (BLOCK 15G & PART BLOCK 15F) – CORNER CROSS AND CROFTS STREET (CROSSWALK HOUSE) – NEW ILLAWARRA CATHOLIC CLUB |
REPORT AUTHOR/S | Manager Strategic Planning, Mr M Jericho |
FILE REFERENCE | T/01218 |
REASON FOR REPORT | To report on the public exhibition of a draft amendment to DCP 4 and recommend its adoption. |
DOES AN EXISTING POLICY COVER THIS MATTER? | Yes – Hurstville Town Centre DCP No. 4 – Blocks 15G and Part 15F |
IF "NO" - SHOULD A POLICY BE DEVELOPED? | No |
FINANCIAL IMPLICATIONS | N/A |
DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details) | Yes. PPE 044-03 |
EXECUTIVE SUMMARY
Council resolved at its meeting on 27 August 2003 to prepare and exhibit a draft amendment to the Hurstville Town Centre Development Control Plan No. 4 (DCP 4) for the sites on the corner of Cross Street and Crofts Avenue (10-12 Cross Street and 2-6 Crofts Street), Hurstville. The properties are owned by the Illawarra Catholic Club. The draft amendment to DCP 4 proposes a six storey building envelope to house new premises for the Illawarra Catholic Club and would necessitate the demolition of the heritage listed Crosswalk House building.
This report provides details of the public exhibition, and recommends that Council proceed with the draft DCP.
RECOMMENDATION
THAT Council resolve, pursuant to Section 72 of the Environmental Planning and Assessment Act 1979, and in accordance with Clause 20 of the Environmental Planning and Assessment Regulation 2000, to adopt the draft amendment to Development Control Plan No. 4 – Hurstville Town Centre, as described in the report.
THAT Council give public notice of this decision in the local paper within 28 days of this decision in accordance with Clause 20(2) of the Environmental Planning and Assessment Regulation 2000.
FURTHER THAT the applicant and those who made a submission be notified of Council’s decision.
REPORT DETAIL
BACKGROUND
Council considered a report to amend DCP 4 as it relates to this site at its meeting on 27 August 2003.
Crawford Architects on behalf of the Illawarra Catholic Club lodged a draft amendment for DCP 4 for an amalgamated site located on the corner of Cross Street and Crofts Avenue, Hurstville, which would enable the redevelopment of the sites as the new premises for the Illawarra Catholic Club.
The documentation put forward by the architect states:
- Although the Club is looking for new premises, its preference is to retain a presence in the Hurstville City centre. The Club has been located in Woodville Street for over 30 years and the present premises no longer affords the Club the opportunity to realise the type of establishment the Board and the Club membership envision for the future. There is a growing awareness that the Club needs to change to meet the needs of a younger membership that seeks a wider range of services from the Club than has been offered in the past. New club premises will provide an opportunity to attract new members which will in turn secure the future of the Club in Hurstville.
The Crofts Avenue/Cross Street site offers the Club the opportunity to reinforce its presence in Hurstville, reshape its future direction, remain in the immediate area and to expand its role as a significant contributor to the Hurstville’s social and urban fabric.
DETAILS OF PUBLIC EXHIBITION
The draft DCP was publicly exhibited from 4 September 2003 to 1 October 2003. No submissions were received on the draft plan.
By way of background, the following is taken from the previous report to Council on this matter (PPE 044-03).
URBAN CONTEXT
In determining a suitable built form for the new club site, the applicant has looked at the subject and surrounding urban context (the block bounded by Cross Street, Crofts Avenue, Woodville Street and Park Road) which comprises the following:
Crosswalk House, 2-6 Cross Street (Block 15G in DCP 4)
This is a three storey Art Deco functionalist building listed as a heritage item in the Hurstville Local Environmental Plan 1994 (LEP). Consequently there is no floor space ratio (FSR) for this site listed in DCP 4. The heritage significance of this building is discussed later in this report. The building is built to the street edge.
Victory House, 8 Crofts Avenue (Block 15A in DCP 4)
This is a five storey commercial building listed as a heritage item on the Hurstville LEP and consequently there is no FSR for the site. The building contains the St George Businessman’s Club and is built to the street edge.
2-10 Cross Street (Part Block 15E &F in DCP 4)
These sites are currently occupied by 2 to 4 storey commercial buildings. DCP 4 has set a FSR of 4.7:1 with the potential of a three storey podium over the whole site with 3 storey commercial use over.
12 Cross Street (Part Block 15F in DCP 4)
This is currently a vacant block and used as a car park for the Crosswalk House. Within DCP 4 it forms part of Block 15F with a FSR of 4.1:1.
PROPOSED BUILDING ENVELOPE
The proposed building envelope would result in a 5-6 storey building located on a consolidated site of the existing Crosswalk House heritage item, the adjoining vacant car park site (12 Cross Street) and the site of the existing commercial building (10 Cross Street). The draft building envelope has been attached as an appendix to this report.
The applicant has suggested an FSR of 5:1 as appropriate for this combined site given the surrounding FSRs as detailed in DCP 4 and the scale and massing of the surrounding buildings (including the existing Crosswalk House and Victory House). A comparison of the existing situation to what is proposed is detailed below:
Use
Existing: Ground Floor – Retail, Commercial
- Upper Floor – Commercial
Upper Floors- Place of Public Entertainment/Commercial
Height
Existing: 3-4 stories
Proposed: 5-6 stories
FSR:
Existing 15G Crosswalk House Nil
15F Crosswalk House Parking 4.1:1
15F 4.1:1
15E 4.7:1
Proposed: 5.1:1 Combined 15G Crosswalk House and Part 15F Crosswalk House parking and commercial building (10 Cross St)
Building Status
Existing Heritage listed (Crosswalk House, 2-6 Cross Street)
Proposed: Demolition of building
Setbacks:
Street Nil
Proposed: Nil
Response
The proposed building envelope is considered to be generally compatible and consistent with the adjoining built form and adopted building envelopes for surrounding sites in DCP 4.
The applicant has submitted shadow diagrams of the proposed building envelope. Overshadowing of Diment Way is restricted to the mornings, but otherwise is negligible. This space is already overshadowed by the existing surrounding development. Most of the overshadowing would occur over the entry to Westfields.
INDICATIVE CLUB DESIGN
The proposed building envelope if approved would permit a new Club facility of up to 8000m2 gross floor area (GFA), with a function/conference centre on the top level. The Club building would occupy a gross building area of approximately 11,100m2 incorporating the following:
Level 1 Entry foyer from Cross Street, set down area and vehicle access to car park
Level 2 Entry Crofts Avenue, public foyer/reception, sports bar
Level 2A Administration offices and club rooms
Level 3 Bistro, gaming, lounge bar and main kitchen
Level 4 Restaurant (250 seats), club room and kitchen
Level 5&6 Function/conference centre (500 people)
HERITAGE SIGNIFICANCE OF CROSSWALK HOUSE
2-6 Crofts Avenue, Hurstville, is listed on as a local heritage item in the Hurstville Local Environmental Plan 1994 (Schedule 2, Part 1 – Buildings and Works). The building was listed in Amendment No. 18 to the Hurstville LEP (gazetted 8 August 2000), when additional properties mainly located in the Hurstville City Centre, were included on Council’s heritage list.
The Hurstville Town Centre Heritage Study 1997 states the following:
- Description
“A freestanding four storey building constructed in the Functionalist style. A monumental landmark building, it has two street frontages, to Crofts Avenue and strong horizontal bands of windows between bands of rendered spandrels. The building has rounded corners and features two cylindrical stair/lift wells with vertical fins. The original steel framed windows have been replaced.
Physical Condition
Architectural Quality – Very High
Streetscape Impact – Critically Important
Physical Condition – Good
Historical Notes
This site was originally the open air theatre, established before World War 1 and abandoned in the 1920s. The site was acquired by Hunt Brothers Motors for a car yard. The building was constructed c1950 as car showrooms and servicing centre for vehicles. In the 1960s, the building was refurbished for halls and office space. It housed the Silhouette Health Studio and a dance studio. In the 1970s it housed Fosseys variety store and Franklins supermarket. It was again refurbished in 1983 for office space.”
The applicant has submitted a Heritage Assessment prepared by EJE Town Planning and this report concludes that:
- Crosswalk Towers (sic) does hold a slight degree of significance in the township of Hurstville as a reminder of the expansion of the area, and is still held in limited esteem by the local community for its aesthetic links to the historical growth of the area.
This level of significance and esteem is only retained because of associations with the architect Brogan, the style of architecture and the building’s use by Hunt Bros. However, the heritage ramifications of these links are limited. This is because Crosswalk Towers (sic) was not regarded to be one of Brogan’s better works, and in addition, Brogan was not considered to be a very influential architect among his peers. The extensive modifications to the building’s exterior fabric have also had a detrimental impact upon the building’s aesthetic significance.
With regard to the use of the building by Hunt Bros., the building which stands today has been so significantly altered that it provides very little evidence of its original use by Hunt Bros.
Accordingly, the significance of the building has been depreciated. This assessment therefore finds that Crosswalk Towers (sic) is only of minor local significance.
This conclusion is contested by Council’s Heritage Advisor and discussed below.
TRAFFIC AND TRANSPORT
The applicant has submitted a report by T. Lawrence from Traffic and Transport Planning, broadly addressing the traffic, transport, parking and pedestrian matters associated with the use of the site as the new Illawarra Catholic Club. The new site would accommodate 250 car parking spaces on site over four levels of basement parking. The existing Club (located in Woodville Street) has a low mode split for patrons arriving by car with previous surveys showing 24% of patrons using cars. The report concludes that:
- “…it is considered that the proposed use of this site for a new redeveloped Illawarra Catholic Club with function/conference centre facility will be a compatible use with the adjoining future uses. It is also considered that there will be no unsatisfactory impacts with respect to traffic, transport, parking and pedestrians with the Club occupying this site.
A more detailed assessment of these matters would be provided in a future development application should the application to amend DCP 4 be approved.
REFERRALS
1. Traffic
- Council’s Transportation Analyst has provided the following comments:
- “A 4m x 4m splay will be required in the corner of Cross Street and Crofts Avenue. This will improve sight distance and allow for future modification of the kerb return to improve manoeuvring for buses and other large vehicles. The splay will not interfere with the proposed design.”
Response:
The DCP amendment will require the provision of a 4 metre by 4 metre splay on the corner of Cross Street and Crofts Avenue to assist with traffic management.
2. Heritage
- The heritage significance of Crosswalk House was discussed earlier in this report.
Council’s Heritage Adviser, Katalin Erdelyi has provided comments on the heritage significance of the building and the proposed demolition. The heritage report is attached as an appendix to this report. In summary her recommendations are:
The Heritage Item 2-6 Crofts Avenue is significant, and its demolition is not supported. The proposed new development will have detrimental impact on the adjacent Heritage Item 8 Crofts Avenue, and on the Heritage Items in the vicinity of the development, being the rare grouping of Functionalist commercial buildings in the suburban Town Centre of Hurstville.
Response:
The new development is not considered to have a significant detrimental impact on other functionalist buildings within the City Centre. The immediate impact of the redeveloped site would be on the adjoining heritage listed Victory House. The inclusion of design parameters in the DCP and further assessment at the development application stage would ensure the heritage significance of this building is respected and reflected in the design of the Club’s façade.
The Hurstville LEP 1994 permits the demolition of a heritage item only with the consent of Council and this would formally be considered as part of the development application assessment. Any application for demolition would be subject to the applicant submitting a heritage impact statement (such as the EJE Report) addressing the building’s heritage significance and the impact of the proposed development on any adjoining heritage items, such as Victory House.
If Council permitted the building’s demolition, conditions can be placed on the development application to ensure the building is appropriately photographed and recorded in line with procedures issued by the NSW Heritage Office. Reference to the original building can also be included as part of the new development.
It is recommended that the draft amendment to the DCP be exhibited to enable public comment and feedback.
3. Urban Design
- In addition to the information submitted for the amendment to DCP 4, Crawford Architects submitted preliminary plans for the proposed Club building. The latter will not be commented on for the purposes of this report and will be dealt through the reporting process if and when a development application is lodged.
An independent Urban Designer and Architect has provided comments on both the building envelope and the preliminary design, and have been separated accordingly. The urban design report is attached as an appendix to this report.
Response:
The recommendations of this referral have been included in the draft DCP amendment with the design recommendations referred to the applicant’s architect. Matters included in the draft DCP include:
- § Acknowledging the adjoining heritage listed building Victory House (Reason: heritage significance, scale and massing of building design)
§ Providing a cantilevered awning continued from the adjoining building in Crofts Avenue stepping down to follow the grade of the street and continuing along Cross Street (Reason: pedestrian scale to street, weather protection)
§ Ensuring the height of any vehicular entry/opening to Cross Street is reduced (Reason: human scale to development, good design)
§ Reducing length of vehicular crossover in Cross Street (Reason: reduce pedestrian/vehicle conflict, improve pedestrian amenity)
§ Reducing blank walls at street level (Reason: reduce opportunity for graffiti, allow street surveillance from building)
§ Ensuring the building contains active uses along Crofts Avenue (Reason: allow street surveillance from building, street activity)
§ Reducing expanses of glazing (Reason: glare, energy efficiency, façade compatibility with adjoining Victory House)
CONCLUSION
The draft amendment to DCP 4 detailed in this report would provide a building envelope to facilitate a new Illawarra Catholic Club. The Club is considered to be an important commercial entity for the Hurstville City Centre and has been for many years. The use is considered to be compatible for the City Centre and an important employment generator.
Clause 21(1) of the Environmental Planning and Assessment Regulation 2000 states:
- “After considering any submissions about the draft development control plan that have been duly made, the Council:
(a) may approve the plan in the form in which is was publicly exhibited, or
(b) may approve the plan with such alterations as the council thinks fit, or
(c) may decide not to proceed with the plan.”
No submissions were received as a result of the public exhibition, and therefore it is recommended that Council adopt the draft DCP in accordance with clause 21(1)(a) of the EPA Regulation 2000.
A copy of the amended draft DCP has been included as an appendix to this report.
APPENDIX
COMMITTEE RECOMMENDATION
THAT Council resolve, pursuant to Section 72 of the Environmental Planning and Assessment Act 1979, and in accordance with Clause 20 of the Environmental Planning and Assessment Regulation 2000, to adopt the draft amendment to Development Control Plan No. 4 – Hurstville Town Centre, as described in the report.
THAT Council give public notice of this decision in the local paper within 28 days of this decision in accordance with Clause 20(2) of the Environmental Planning and Assessment Regulation 2000.
FURTHER THAT the applicant and those who made a submission be notified of Council’s decision.
(Moved Clr S McMahon/Seconded Clr C Lee)
COUNCIL RESOLUTIONRESOLVED THAT Council resolve, pursuant to Section 72 of the Environmental Planning and Assessment Act 1979, and in accordance with Clause 20 of the Environmental Planning and Assessment Regulation 2000, to adopt the draft amendment to Development Control Plan No. 4 – Hurstville Town Centre, as described in the report.
THAT Council give public notice of this decision in the local paper within 28 days of this decision in accordance with Clause 20(2) of the Environmental Planning and Assessment Regulation 2000.
FURTHER THAT the applicant and those who made a submission be notified of Council’s decision.
(Moved Clr P Sansom /Seconded Clr W Pickering)
Meeting Date: 15/10/2003
| PPE058 - 03 | FORMAL ADOPTION OF THE HURSTVILLE VISION |
REPORT AUTHOR/S | Manager Corporate Planning, Ms J Williams |
FILE REFERENCE | 03/00647 |
REASON FOR REPORT | To validate the status of the Hurstville Vision by having it formally adopted by Council |
DOES AN EXISTING POLICY COVER THIS MATTER? | No |
IF "NO" - SHOULD A POLICY BE DEVELOPED? | No |
FINANCIAL IMPLICATIONS | N/A |
DOES THIS REPORT REFERENCE AN EARLIER REPORT? (If so, then indicate full report reference details) | No |
EXECUTIVE SUMMARY
The purpose of this report is to present the Vision to Council for formal adoption as the Hurstville Vision. In 2001 and 2002 Hurstville City Council worked with members of the community to seek an agreed long term vision for Hurstville. Many people and groups were involved in creating the Hurstville Vision through workshops, surveys and visioning exercises. At these sessions people discussed the factors that would influence Hurstville’s future, what they liked about the area, and the future they wanted for the area. From all of this came an agreed picture and direction for the future, described as:
- Hurstville: A friendly, diverse and sustainable city built on an all embracing community spirit, where we live, learn, work and play.
RECOMMENDATION
THAT Council formally adopt the community developed vision. The vision is Hurstville: A friendly, diverse and sustainable city built on an all embracing community spirit, where we live, learn, work and play.
REPORT DETAIL
APPENDIX
COMMITTEE RECOMMENDATION
THAT Council formally adopt the community developed vision. The vision is Hurstville: A friendly, diverse and sustainable city built on an all embracing community spirit, where we live, learn, work and play.
(Moved Clr C Lee/Seconded Clr S McMahon)
COUNCIL RESOLUTIONRESOLVED THAT Council formally adopt the community developed vision. The vision is Hurstville: A friendly, diverse and sustainable city built on an all embracing community spirit, where we live, learn, work and play.
(Moved Clr P Sansom /Seconded Clr S McMahon)