Agenda
Extraordinary Meeting of Council
20 June 2022
Council commence consideration of
all business paper agenda items at 7.00
pm.
Notice
of Meeting
Dear Councillors,
Notice is given of the Extraordinary Meeting of Council, to be held in the Council Chambers on Monday 20 June 2022
commencing at 7.00pm. The business to be transacted at
the meeting is included in this business paper.
In accordance
with clause 3.26 of the Code of Meeting Practice Councillors are reminded of
their oath or affirmation of office made under section 233A of the Act, and of
their obligations under the Council’s Code of Conduct to disclose and
appropriately manage conflicts of interest.
Yours faithfully
Craig Wrightson
General Manager
Council
Meeting Procedures
The Council meeting is chaired by
the Mayor, Councillor Andrew Zbik. Councillors are entitled to one vote on a
matter. If votes are equal, the Chairperson has a second or casting vote. When
a majority of Councillors vote in favour of a Motion it becomes a decision of
the Council. Minutes of Council and Committee meetings are published on
Council’s website www.lanecove.nsw.gov.au by 5.00 pm on the Tuesday following the meeting.
The
Meeting is conducted in accordance with Council's Code of Meeting Practice. The
order of business is listed in the Agenda on the next page. That order will be
followed unless Council resolves to modify the order at the meeting. This may
occur for example where the members of the public in attendance are interested
in specific items on the agenda.
The Public Forum will hear
registered speakers from the Public Gallery as well as online using the web
platform Zoom. All speakers wishing to participate in
the public forum must register by using the online form no later than midnight, on the day
prior to the meeting (Sunday, 19 June 2022) and a Zoom meeting link will be emailed to the provided
email address of those registered as an online speaker. Please note that the
time limit of three minutes per address still applies, so please make sure your
submission meets this criteria. Alternatively, members of the public can still
submit their written address via email to service@lanecove.nsw.gov.au. Written addresses are to be received by Council no later
than midnight, on the day prior to the meeting. (500 words maximum).
Please
note meetings held in the Council Chambers are recorded on tape for the
purposes of verifying the accuracy of minutes and the tapes are not disclosed
to any third party under the Government Information (Public Access) Act 2009,
except as allowed under section 18(1) or section 19(1) of the PPIP Act, or
where Council is compelled to do so by court order, warrant or subpoena or by
any other legislation. Should you require assistance to participate in the meeting
due to a disability; or wish to obtain further information in relation to
Council, please contact Council’s Executive Manager – Corporate
Services on (02) 9911 3550.
Extraordinary Meeting of Council Meeting 20 June
2022
Notice of Motion –
Elected council submission to sydney north planning panel in relation to
development application 162/2021
Subject: Notice
of Motion – Elected Council Submission to Sydney North Planning Panel in
Relation to Development Application 162/2021
Record No: DA21/162-01 - 33002/22
Division: Lane
Cove Council
Author(s): Councillor
Merri Southwood
Executive Summary
The Sydney North Planning Panel is to hold
a determination hearing in respect of DA 162/2021 on Wednesday 22 June 2022.
Council staff have submitted to the Sydney
North Planning Panel Council’s assessment report on DA 162/2021.
The elected Council may lodge a separate
submission with the Sydney North Planning Panel in respect of DA 162/2022 in
accordance with the Sydney District and Regional Planning Panels operational
procedures August 2020.
Background
On 23 October 2017 Council resolved to
place on exhibition for public consultation Council’s Draft Development
Control Plan for Locality 8 St Leonards South Precinct together with
Council’s Draft Local Environmental Plan amendments for St Leonards
South, Draft Landscape Plan and Draft Section 94 Plan (the SLS Master Plan
documents). Public consultation ended on 5 January 2018.
Over 339 submissions were made to Council
in respect of the SLS Master Plan documents.
On 19 October 2020, almost 3 years after
the community consultation in respect of the Draft Development Control Plan for
Locality 8 St Leonards South Precinct, Council resolved to adopt the
Development Control Plan for Locality 8 St Leonards South Precinct (SLS DCP).
The report to
Council for the meeting of 19 October 2020 included the following statements:-
· In order to deliver the precinct, all future
Development in this precinct will be required to be constructed and completed
to the specifications of the DCP and LMP in order to qualify for LEP Incentive
Height of Buildings and Floor Space Ratios bonus components.
· Specific setback provisions have been included for the
East-West link and new road to ensure improved building separation and amenity
· The changes made to the document (Draft Development Control Plan for Locality 8 St Leonards South Precinct) reflect Council’s resolution in response to the
community consultation undertaken.
On 10 November 2021 DA 162/2021, for sites
known as 13-19 Canberra Avenue St Leonards, was lodged with Council. This site
is depicted as Area 5 in Figure 8 below.
http://ecouncil.lanecove.nsw.gov.au/trim/DocumentLink.asp?Recid=63631/20 p44
http://ecouncil.lanecove.nsw.gov.au/trim/DocumentLink.asp?Recid=33231/22
p11
DA 162/2021
seeks approval of a development that includes several non-compliances with the
provisions of the SLS DCP as detailed in Council’s assessment report:-
|
DCP control
|
Required in DCP
|
Proposed
|
Approval proposed in Council
Assessment Report?
|
|
Set back from East West link to level 5
|
6 m at park level
|
0 m – 3 m
|
YES
|
|
Set back from East West link above level
5
|
9 m
|
3 m
|
YES
|
|
Building separation on northern boundary
to level 4
|
6 m (habitable rooms)
|
2.9 m (level 1)
3.9 m (level 2)
|
YES
|
|
Building separation on northern boundary
levels 5-8
levels 9 and over
|
9 m
12m
(habitable rooms)
|
6 m
6 m
|
YES
|
|
Maximum building length
|
35 m
|
39 m
|
YES
|
|
Building depth
|
18-22 m max
|
26.4 m for building
|
YES
|
The east-west link
that runs from Berry Road to Canberra Avenue is the main pedestrian and cyclist
thoroughfare in the St Leonards South Precinct. The DCP requires buildings
abutting the link to be set back 6m at ground level and 9m from level 6. This
requirement was complied with by the development in DA 99/2021 determined by
the Sydney North Planning Panel on 4 March 2022.
As shown in
Figure 51 below, it is proposed that the setback for Area 5, across the link
from the site in DA 99/2021, will have no setback from the link to level 5 and
3m (rather than 9m) from level 5.
The Sydney North Planning Panel will be the
determining authority for DA 162/2021. The assessment report prepared by
Council staff has been provided to the Panel. The report proposes approval of
DA 162/2021, notwithstanding the non-compliances with the SLS DCP outlined
above.
It is acknowledged by the elected Council
that a decision of Council staff members to recommend approval is based on
their professional assessment of the DA.
It is also acknowledged that Council staff member(s) are not subject to direction by the Council or by a
Councillor as to the content of any advice or recommendation made by the staff
member(s).
The Record of
Briefing, dated 6 April 2022 for DA 162/2021, is on the Sydney North Planning
Panel website and includes the following statement by the Sydney North Planning
Panel:-
· The Panel understands that the subject DA is among the first few
development applications to apply the relatively recently adopted (October
2020) precinct-specific DCP. The DCP results from comprehensive strategic
planning over a number of years, with extensive consultation and refinement,
and the Panel considers that the Lane Cove community would have the reasonable
expectation that these strategic parameters would be adhered to by applicants;
and
· The Panel is conscious of the precedent effect any approval of
variations to the relative recently adopted DCP may have on future applications
within the precinct.
Elected Councillors are concerned as to the
possible precedent effect of the approval of a Development Application with
such significant non-compliances with controls that go to the underlying
principles of the St Leonards South Master Plan, in particular, but not limited
to, the setback from the east-west link.
|
RECOMMENDATION
That the elected
Council:-
1. Notes
that the Development Control Plan for Locality 8 St Leonards South Precinct
(SLS DCP) was the subject of extensive community consultation and that the
SLS DCP, as approved by Council on 19 October 2020, was refined to reflect
the results of this consultation;
2. Notes
that the community had and continues to have an expectation that Council
will, as stated in the report to Council of 19 October, 2020, require
Development Applications lodged for the St Leonards South Precinct to be constructed and completed to the specifications of
the SLS DCP in order to qualify for LEP Incentive Height of Buildings and
Floor Space Ratios bonus components;
3. Notes
that Area 5, being the site of DA 162/2021, is the first of 6 remaining
contiguous sites that run along the east-west link that have not yet been the
subject of a Development Application determination; and
4. Has
strong grounds for concerns that approval of DA 162/2021 with significant
non-compliances with the SLS DCP will have a precedent effect in respect of
Areas 6, 14, 15,16 and 17.
5. Authorises
the Mayor to make a submission to the Sydney North Planning Panel, in the
name of the elected Council, in the terms of this resolution, such submission
to:-
(a)
request the Sydney North Planning Panel to refuse approval of DA 162/2021 in
its current form and to require compliance with the specifications of the
DCP, including setback from the east-west link, building separation, building
depth and building length; and
(b)
authorise a Councillor nominated by the elected Council to address the Panel
determination hearing for DA 162/2021.
|
Councillor Merri Southwood
Councillor
ATTACHMENTS:
There are no supporting documents for this report.