· CITY OF RYDE COMMITTEE OF THE WHOLE AGENDA NO 19/05 The above Committee will meet on Tuesday, 6 December 2005 in Committee Room No. 2, Fifth Floor, Civic Centre, Ryde at 7.30pm

CITY OF RYDE

COMMITTEE OF THE WHOLE AGENDA NO 19/05 The above Committee will meet on Tuesday, 6 December 2005 in Committee Room No. 2, Fifth Floor, Civic Centre, Ryde at 7.30pm to discuss the following matters. CONTENTS Item Property/Subject Page 1 CONFIRMATION OF COMMITTEE REPORT ................................................. 1 2 WALLUMEDEGAL – AN ABORIGINAL HISTORY OF RYDE

AND THE ABORIGINAL NEEDS PAPER – SOCIAL PLAN 2005 INTERVIEW ..................................................................................................... 2 3 53-71 AGINCOURT ROAD, MARSFIELD. Lot: 1 DP: 703569. Local

Development Application for Alterations & additions to Curzon Hall including new ballroom, multi-level carpark and landscaping works. LDA 894/2004. Applicant: Mr Filippo Navarra.

INTERVIEW ..................................................................................................... 8 4 336 TO 388 VICTORIA ROAD, GLADESVILLE. LOTS: 1, 2, 3, 4, 5 DP:

127023 and LOTS 12, 39, 40, 41, 42, 43 DP: 11022. Local Development Application to demolish timber yard buildings & construct 7 industrial units over two levels with basement carparking & strata subdivision. LDA 1050/2004. Applicant: RCM Constructions Pty Ltd.

INTERVIEW ................................................................................................... 53 5 RYDE REHABILITATION CENTRE: 600 – 640 Victoria Road Ryde,

59 Charles Street Ryde, and 227 Morrison Road Ryde (Lot 1010 DP 836975), Listed as State Significant Site under Schedule 3 of State Environmental Planning Policy (Major Projects) 2005............................ 102

6 NORTHERN SYDNEY REGIONAL ORGANISATION OF COUNCILS

(NSROC) – Annual Conference, 20 October 2005................................... 107 7 MOTOR VEHICLE POLICY & TENDER PROCESS FOR PROVISION

OF VEHICLES ............................................................................................. 110 8 CATCHMENT MANAGEMENT – Strategic Review: November 2005 ...... 114 9 CITY OF RYDE ENERGY AND WATER SAVING INITIATIVES –

Status Report.............................................................................................. 119

CITY OF RYDE

COMMITTEE OF THE WHOLE AGENDA NO 19/05 The above Committee will meet on Tuesday, 6 December 2005 in Committee Room No. 2, Fifth Floor, Civic Centre, Ryde at 7.30pm to discuss the following matters. CONTENTS Item Property/Subject Page 10 CITIES FOR CLIMATE PROTECTION PROGRAM – Status Report......... 128 11 PROPOSED DENISTONE CONSERVATION AREA – Outlook Estate

and Contiguous Area INTERVIEW ................................................................................................. 142

12 NORTHERN SYDNEY REGIONAL ORGANISATION OF

COUNCILS (NSROC) SUB REGIONAL PLANNING STRATEGY.............. 179

CONFIDENTIAL

13 STAFF MATTER.......................................................................................... 185

CITY OF RYDE Committee of the Whole Agenda No. 19/05 Page 1

ITEM 1 CONFIRMATION OF COMMITTEE REPORT RECOMMENDATION: That the report of the meeting of the Committee of the Whole No 18/05 held on 15 November, 2005 be confirmed.


ITEM 2 WALLUMEDEGAL – AN ABORIGINAL HISTORY OF RYDE AND THE ABORIGINAL NEEDS PAPER – SOCIAL PLAN 2005 INTERVIEW File No. S11592 The Manager Community Services reports 27th October 2005: Report Summary To inform Council of Wallumedegal – An Aboriginal History of Ryde and the Aboriginal Needs Paper – Social Plan 2005 and make recommendation for publication of the history and inclusion of the Needs Paper in the City of Ryde Social Plan 2005. Background The purpose in producing Wallumedegal An Aboriginal History of Ryde (CIRCULATED UNDER SEPARATE COVER) was to provide a brief paper, based on recorded history, that gives a historical context of the traditional Aboriginal owners who lived in the Ryde LGA from pre – European arrival until current times. This paper will be used as a reference for Council documents in Indigenous cultural history and heritage for Ryde. It will provide a context for acknowledgement of cultural significance to Indigenous people and the wider community. The Aboriginal Needs Paper – Social Plan 2005 (CIRCULATED UNDER SEPARATE COVER) has adhered to the guidelines produced by the Department of Local Government and follows the prescribed essential components of a social plan: • A description of who makes up the community. • A needs assessment summarising key priority issues. • Recommendations (access and equity activities) on strategic ways for council and

other government and non-government agencies to meet community needs. The 2002 Social and Community Planning and Reporting Guidelines were produced by the Department of Local Government to provide additional information to assist councils develop, implement and evaluate their social plans. The guidelines give clear direction on the relationship between social justice and social planning as a way of ensuring that a social plan provides social, economic, environmental, cultural and health benefits for communities based on the NSW Government’s social justice strategy. Report The development of an Aboriginal History of Ryde was undertaken with the aim of providing a context for acknowledgement of cultural significance to Indigenous people and the wider community. This was of vital importance as a reference document for the Aboriginal Needs Paper – Social Plan 2005 and with the knowledge that a publication of this type would also be of great benefit as a reference for other Council documents in Indigenous cultural history and heritage for Ryde.


ITEM 2 (continued) Mr Keith Vincent Smith, author of King Bungaree (1992) and Bennelong (2001) was recommended to the City of Ryde through Warawara, Department of Indigenous Studies at Macquarie University as best placed to author an Aboriginal History of Ryde. The history presents information on Aboriginal people who lived in the Ryde area European arrival until today and is based on recorded history. It includes relevant information regarding the environment that the traditional Aboriginal owners would have lived in and their relationship to the land. It is proposed to publish the history with a print run of 1000 copies for distribution through the City of Ryde and the Ryde District Historical Society. Mr Smith has been invited to attend the committee to do a presentation. The Aboriginal Needs Paper was prepared in consultation with local service providers, government/non-government agencies and stakeholders of the area. The City of Ryde respectfully acknowledges the Aboriginal custodians and Aboriginal residents of Ryde, and gratefully acknowledges all the people who have contributed their time and expertise to this paper. The needs paper was produced with the assistance of Robynne Quiggin (Vincent-Quiggin Consulting), Keith Vincent Smith (Macquarie University) and Chris Tobin (artist and Darug community member). Ms Quiggin and Mr Vincent Smith came recommended by the Warawara Department of Indigenous Studies at Macquarie University. Ms Quiggin, an Indigenous Australian solicitor and consultant, consulted with key stakeholders and drafted an Aboriginal Needs Assessment that has been adapted and incorporated into the Aboriginal Needs Paper. The focus of the need paper is not only on those activities that are considered to be Council’s responsibility but also in recognition that local government, through partnerships, can impact upon the activities of other government and non-government organisations. The completed eight needs papers (for Children, Young People, Older People, Culturally and linguistically diverse People, Women, Men, People with a Disability and Aboriginals) and an evaluation and review of the City of Ryde Social Plan 2000 will form the basis of Social Plan 2005 and will be forwarded to the Department of Local Government by the end of December 2005 to meet statutory requirements. Management Plan Linkages This project, in relation to the Social Plan Action Plan, is from the Key Action Plan/ People/Equity listed on page 57 of the Management Plan 2005-2008. This project forms part of the 2005/2006 Operational Budget for Community Life.


ITEM 2 (continued) Relationship to Key Outcome Areas Assets This matter has no direct relationship to this key outcome area. Environment This project meets the following key outcomes for Environment (set out on pages 35-36 of the Management Plan 2005-2008): • Social and economic needs are met in a way that does not harm the environment. • Strong links to the past through protection and conservation of our heritage. Through the proposed recommendations to acknowledge, respect, maintain and support Aboriginal cultural heritage, we will conserve and protect our strong links to the past. This will conserve the character and the cultural heritage of the City to enhance the quality of life of the community. Governance This project meets the following key outcomes for Governance (set out on page 47-48 of the Management Plan 2005-2008): • Improved communication with the community and increased awareness and

understanding of council’s decisions by the community. • Incorporation of best practice approaches in the delivery of services to the

community and within the organisation. • Compliance with all legislative requirements and statutory obligations. The building of relationships with the Aboriginal community in Ryde will provide opportunities to increase the understanding of the role of local government and improve communications. The development of Aboriginal protocols will incorporate a best practice approach in the delivery of services. Care has been taken in the implementation of the Social Planning Guidelines produced by the Department of Local Government to ensure Council has met all legislative and governance requirements. People This project meets the following key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008): • Traditional indigenous landowners and culture are acknowledged and respected. • Community capacity is encouraged and developed through cultural and social

activities. • Social justice is actively promoted and services are accessible and distributed

equitably. • Educational and cultural opportunities that promote life long learning and access

to information are provided.


ITEM 2 (continued) • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. • Services are delivered and facilities provided for social, cultural, recreational and

environmental needs. • The arts, culture, economy, environment, housing, leisure and public health of our

community are positively and proactively influenced. • Growth and benefits for the community are demonstrated through the provision of

employment, economic and academic opportunities. • The dignity, aspirations, and rights of residents are responded to. • Local events and festivals are vibrant and attract active involvement. The inclusion of the Aboriginal Needs Paper in Social Plan 2005 provides a plan that demonstrates the commitment to becoming a socially sustainable City through effective community participation and the active application of social justice principles. This meets the outcome of becoming a City in which citizens work together to improve the quality of life and enhance community well being through improved networks and services. Consultation – Internal and External Council business units consulted included Library Services, Human Resources, Parks, The Environment, Urban Planning and Community Services. External public consultation included: Wallumedegal An Aboriginal History of Ryde: Macquarie University Warawara, Department of Indigenous Studies, Vincent-Quiggin Consulting and the Ryde District Historical Society Aboriginal Needs Paper – Social Plan 2005: • Aboriginal Child, Youth and Family Strategy Community Facilitator, Northern

Sydney Families First • Catholic Schools Office, Diocese of Broken Bay, Aboriginal Education Officer • Centrelink, Social Worker Ryde Office • Darug Custodian Aboriginal Corporation • Darug Tribal Aboriginal Corporation • Department of Community Services (DoCs), Aboriginal Community Program

Officer • Department of Community Services (DoCs), Caseworker, Early Intervention

Program • Department of Education and Training, Aboriginal Education Consultant • Department of Education and Training, Met North Aboriginal Education

Consultative Group (AECG) • Department of Education and Training, Northern Sydney TAFE, Gamarada

Aboriginal Programs Unit


ITEM 2 (continued) • Department of Health, Northern Sydney Central Coast Health Service, Manager

Aboriginal Health • Department of Housing • Department of Immigration and Multicultural and Indigenous Affairs (DIMIA),

Manager Indigenous Coordinating Centre, Office of Indigenous Policy Coordination (OIPC),

• Lane Cove Residents for Reconciliation Committee • Manly Council, Aboriginal Heritage Officer • Marrickville Council, Aboriginal Services, Community Development Worker • Metropolitan Local Aboriginal Land Council (MLALC), Cultural and Education

Officer • Northern Sydney Aboriginal Advisory Meeting • Northern Sydney Aboriginal Heritage Office, Aboriginal Heritage Manager • Northern Sydney Aboriginal Social Plan (NSASP), Aboriginal Project Officer • Northern Sydney Region Reconciliation Network • NSW Aboriginal Housing Policy Implications The matter is in accordance with the 2002 Social and Community Planning and Reporting Guidelines produced by the Department of Local Government. Critical Dates The following deadlines are required to be met: - Lodgement of Social Plan 2005 to the Department of Local Government by end of December 2005 Financial Impact The adoption of the recommendations in the Aboriginal Needs Paper – Social Plan 2005 will have a financial impact across the whole of the organisation and will need to be included within budget allocations from 2005 until 2012. It is estimated that the total cost of the proposal to print 1000 copies of Wallumedegal An Aboriginal History of Ryde is $3700. This proposal is provided for in the current Social Planning budget 2005/06. RECOMMENDATION: (a) That the report on Wallumedegal – An Aboriginal History of Ryde and the

Aboriginal Needs Paper – Social Plan 2005 by the Manager Community Services dated 27 October 2005 be received and noted.

(b) That the Aboriginal Needs Paper be approved for inclusion in the City of Ryde

Social Plan 2005.


ITEM 2 (continued) (c) That the document entitled “Wallumedegal - An Aboriginal History of Ryde” be

approved for publication and 1000 copies printed for distribution within the community.

Carol Ashworth Kevin Moloney Social Policy and Planning Coordinator Manager Community Service Arrangements have been made for these people to be available to answer any questions from the Committee: Mr. Keith Vincent Smith, Institute of Indigenous Studies, Macquarie University will make a presentation on “Wallumedegal- An Aboriginal History of Ryde” Ms. Robyn Quiggan, an Indigenous solicitor and consultant author will make a presentation on the “Aboriginal Needs Assessment of Ryde” Ms. Susan Moylan-Coombes, Aboriginal Project Officer, Northern Sydney Aboriginal Social Plan will be attendance. Mr. Chris Tobin , Member of the Darug Community and artistic consultant and illustrator for the “Wallumedegal- An Aboriginal History of Ryde" will be attendance.


ITEM 3 53-71 AGINCOURT ROAD, MARSFIELD. Lot: 1 DP: 703569. Local Development Application for Alterations & additions to Curzon Hall including new ballroom, multi-level carpark and landscaping works. LDA 894/2004. Applicant: Mr Filippo Navarra.

INTERVIEW The Manager Assessment Reports 23 November 2005: FILE NO: LDA04/894 Parts 1-4

EXECUTIVE SUMMARY

This report considers a proposal to build a new 250 seat ballroom and carpark at Curzon Hall. The site is zoned 3(e) Business (Restaurant and Reception Centre) under the Ryde Planning Scheme Ordinance (RPSO). The proposal is permissible under that zoning. The initial development application was submitted to Council on 28 September 2004 after a pre-lodgment meeting with Council’s Heritage Officer. At the pre-lodgment, the applicant was advised the proposal would have an adverse impact on the heritage significance of Curzon Hall. Despite these concerns, the proposal was submitted unchanged. The original plans attracted 4 objections, including the National Trust and Ryde District Historical Society. Because LEP 105 describes Curzon Hall as having National and State significance, the DA was referred to the NSW Heritage Office. The Heritage Council initially did not support the proposal because of the adverse impact the proposed ballroom and carpark structure would have on Curzon Hall. The main concerns were the height and footprint of the proposed ballroom, the impact of the carpark structure upon the rear part of the building and the significant adverse impact of the proposal upon the views of Curzon Hall from Balaclava and Agincourt Roads. Amended plans were submitted to Council in August 2005. These plans showed minor modifications to the original scheme. The changes involve a reduction in the overall building height by 1.4m, a reduction in the building footprint to make it more facetted and less blocky (floor area reduced from 800sqm to 750sqm) and a change to the carpark layout to partially reduce the height of the external wall to the carpark structure by about 500mm.


ITEM 3 (continued) A heritage architect (Brian McDonald, Director HBO+EMTB Heritage Pty Limited) has been engaged by Council to assess the heritage impact of the initial proposal and the recent amendments. This assessment identified concerns with the impact the new ballroom will have on Curzon Hall. Council's consultant recommended that the proposal not be supported unless the on-going care and conservation of Curzon Hall relies upon the proposal. The applicant has not demonstrated this or relied upon the conservation incentives within the Ryde Planning Scheme Ordinance. The recent amendments have made a slight improvement to the situation but still do not overcome the initial concerns. Aside from heritage, another significant issue associated with this proposal is the intensification of the use on the site and the demand for parking on the site. A traffic consultant (Chris Hallam, Christopher Hallam and Associated Pty Limited) was engaged by Council to review the parking and traffic impacts associated with the current proposal. The traffic consultant disagrees with the applicant’s method of calculating off-street parking. It appears that the applicant has ignored a requirement from the 1983 approval for 40 overflow spaces to be provided when the chapel and restaurant are being used simultaneously. The current proposal should provide 148 spaces or 39 more than currently proposed. Of more concern would be the situation described in the applicant’s own submission, where some 87 vehicles could overflow onto surrounding streets (based on a maximum of 500 guests and 30 staff). For the reasons outlined above, the development application is recommended for refusal. Reason for Referral to Committee: Nature of development & submissions received. SITE: (Refer to attached map.) Address : 53-71 Agincourt Road, Marsfield Site Area : 8,322m2 Frontage : 66.5 metres (Balaclava Road) 77.6 metres (Agincourt Road) Topography and Vegetation : The site gently slopes away from the north-west corner

(near the intersection of Balaclava and Agincourt Roads) to the south-east corner of the site. Curzon Hall has an extensively landscaped garden to the north and west. These gardens include a mix of planted Australian native and exotic tree species of varying age and condition. There are no remnant endemic trees on the site.


ITEM 3 (continued) Existing Buildings : Curzon Hall is described in the 1986 Ryde Heritage

Study as being an imposing three storey structure in “eclectic boom style”. Italianate stonework. The building contains two storey arcaded balcony and central tower with a mixture of features such as gothic lancets, oriel windows with foiled tracery, and a Roman bath window.

PLANNING CONTROLS: Zoning : 3(e) Business Special- Restaurant & Reception Centre Other : Ryde Planning Scheme Ordinance (RPSO) SEPP 11 – Traffic Generating Development SEPP 55 – Remediation of Land SEPP 64 – Advertising & Signage SREP (Sydney Harbour Catchment) 2005 DCP 27 – Waste Management & Minimisation DCP 28B – Advertising Signage DCP 29A – Car Parking DCP 37 – Access for People with Disabilities DCP 41 – Stormwater Management DCP 42 – Construction Activities DCP 45A – Energy Smart/Water Wise Section 94 Contribution Plan No. 1 (2003 Amendment).

DEVELOPMENT PROPOSAL SUMMARY: • Construction of 250 seat ballroom; • Construction of 105 vehicle carpark; • Landscaping works to create formal gardens; • Construction value of $4.8 million. PROPOSAL: The proposed development involves the construction of a new single-storey ballroom to the north of the existing Curzon Hall. The ballroom will be connected to Curzon Hall via a glazed link corridor and a covered walkway. The ballroom has a seating capacity of 250 patrons, a dance floor area of 100m2, a bar and bar store area.


ITEM 3 (continued) Below the ballroom and along the northern site boundary is a three level undercover carpark. The Statement of Environmental Effects describes this as a basement carpark, however the carpark is only partially below ground. The carpark has capacity for 105 vehicles (including 18 stacked spaces). The entrance to the carpark is accessed from the southern side of Curzon Hall. Disabled parking for 4 vehicles will be provided at the entrance to the building, bringing the total parking spaces to 109. A rooftop garden/terrace is to be provided above the carpark. There will be access to the terrace area from the ballroom. The proposal involves the provision of an additional four (4) carparking spaces to the front of the building for the purpose of disabled parking. The proposal also involves the re-alignment of the existing internal driveway away from the chapel wing of the building towards the southern boundary of the site. As a result vehicles will now be able to enter the site at the access point at the south-eastern corner of the site. The proposal involves changes to the existing site landscaping. The landscaping proposal “seeks to define the existing gardens through the introduction of Australian native trees”. The SEE refers to components of the design including pavements, timber decks, lighting, lawns, semi-mature trees and flower beds. History of the Curzon Hall site: The construction of Curzon Hall began in the early 1890’s and was completed in 1900. When completed, Curzon Hall was said to have contained between 20 and 24 rooms, and included a separate ballroom and expansive stone stables. The original site of Curzon Hall was bought by Harry Curzon Smith in 1894 and consisted of 4 plots totalling 18 acres and 5 perches (7.2 hectares). After the death of Harry and Isabella Curzon Smith in 1913 and 1920 respectively, the property was sold to the Order of the Vincentian Fathers in 1922. The Order purchased the site to train postulates. The Order purchased 3 of the original 4 lots totaling 14 acres and 1 rood (5.7 hectares). The fourth lot (Portion 602), fronting Agincourt Road, was sold to another purchaser. Curzon Hall was converted from a private residence to a college for students and renamed St Joseph’s Seminary and was officially opened in April 1922. The Order of the Vincentian Fathers undertook many changes to Curzon Hall Estate to ensure the site was suitable as an educational facility. In the 1930s substantial changes were undertaken to the buildings of Curzon Hall Estate. In 1931 the separate ballroom was remodelled to provide accommodation and classrooms for students. The ballroom was altered substantially including the replacement of the promenade and distinct peaked roof with a traditional hipped roof.


ITEM 3 (continued) Curzon Hall was also remodelled. The ground floor was converted to accommodate the library and classrooms. The first floor was converted to provide 22 additional rooms. The first floor verandah was infilled to provide residential accommodation. The other significant change undertaken by the Order was the demolition of the sandstone stable building in 1934. The stones were then used to erect a chapel in Curzon Hall. Further reduction of the Curzon Hall Estate occurred in 1970. In the 1970s a further plot of the original estate (Portion 611) was sold to the Christian Brothers. Sale of the plot resulted in only 2 of the original 4 lots of land remaining within the Curzon Hall Estate. The Order of the Vincentian Fathers continued to use Curzon Hall as a training college until 1982. Council rezoned Curzon Hall and a small area of land surrounding it, in January 1983 (LEP 12) to 3(e) Business Special – Restaurant and Reception Centre. The smaller curtilage than the Portion 613 boundary was considered appropriate for Curzon Hall, despite the National Trust listing at the time indicating that appropriate curtilage for Curzon Hall was the Portion 613 boundary. The site was further reduced in the 1990s allowing the Order of the Vincentian Fathers to facilitate the development of additional self- care retirement units. Today Curzon Hall sits on 0.8 hectares, 11% of the 7.2 hectares of the original 1894 site. BACKGROUND TO APPLICATION: LDA 894/2004 was received on 28 September 2004.

Date

Action

6 May 2004 Pre Lodgment meeting to discuss proposal. 28 September 2004 LDA 894/2004 submitted to Council.

1 October 2004 Additional information necessary to assess the

application was requested from the applicant. 13 October 2004 Applicant provides the additional information as

requested. 13 November 2004

Adjoining owners and residents notified of Development Application.

24 November 2004

Last day for receipt of submissions / objections to the DA.

3 December 2004

The DA is re-notified for longer duration and to a wider notification area.

12 January 2005 Closing date for receipt of submissions in relation to the re-notification.


ITEM 3 (continued)

Date

Action

12 January 2005

DA considered by Council’s Design Review Panel

28 January 2005 Council receives assessment from its consultant Traffic Engineer.

3 February 2005

Council receives assessment from its consultant Heritage Adviser.

2 March 2005 Matter considered by Heritage Council (Approvals Committee).

14 March 2005 Heritage Council inspects site.

6 April 2005 Matter considered by Heritage Council again after the site inspection.

12 April 2005 Formal written advice received from the Heritage Council.

15 April 2005

Council receives advice that Heritage Council does not support the DA.

29 April 2005

Applicant meets with Mayor and advised that amended plans will be accepted.

4 July 2005 Comments received from NSW Police.

9 August 2005 Amended Plans received.

16 August 2005

Notification of Amended DA Plans

1 September 2005

Close of submissions for Amended DA plans

5 October 2005

Amended DA plans presented to Heritage Council (Approvals Committee).

13 October 2005

Heritage assessment on amended DA plans received from Council’s consultant heritage adviser.

14 October 2005

Heritage Council comments on Amended DA plans received.

Management Plan Linkages N/A Relationship to Key Outcome Areas Assets The City of Ryde is committed to continuing the delivery and maintenance, with community participation, of high quality and environmentally friendly infrastructure facilities throughout the City, which contribute to the lifestyle of the community.


ITEM 3 (continued) The assessment of this development application meets/does not meet the following key outcomes for Assets (set out on page 27 of the Management Plan 2005-2008): • Footpaths, cycleways and roads that are well maintained and designed to

enable the safe use by all users. The proposal relies upon existing vehicle and pedestrian entry points in Agincourt Road. No vehicle or pedestrian entry is allowed from Balaclava Road.

• New buildings that are functional, attractive and designed to minimise their

impact on the environment. The design of the new building is not supported on heritage grounds. The impact of the proposal on Curzon Hall is considered to be unacceptable.

• Stormwater infrastructure that is well maintained and designed to enhance

public safety and amenity. The proposal is acceptable from a stormwater drainage perspective. The proposal drains through the adjoining retirement village into Dunbar Park, which acts as a large detention basin for this catchment.

Environment The City of Ryde is committed to becoming an ecologically sustainable City through the professional management of our City’s natural and physical environment and the conservation of natural resources to ensure the health, diversity and productivity of the local environment is maintained or enhanced for the benefit of future generations. The assessment of this development application meets/does not meet the following key outcomes for environment (set out on pages 35-36 of the Management Plan 2005-2008): • Social and economic needs are met in a way that does not harm the

environment. The proposed development is an over-development of the site with unacceptable heritage, parking and amenity impacts.

• A leafy City through parks, gardens, trees and the built environment.

The proposal will require the removal of 16 trees from the site including several significant Norfolk Island Pines. There will also be the loss of the ‘park’ like lawn at on the western side of Curzon Hall that contributes to its magnificent setting.

• There are systems and processes in place that measure our impact on the

environment and take action when our environment is threatened.


ITEM 3 (continued) The development application has been assessed under Section 79C of the Environmental Planning and Assessment Act 1979 and all relevant impacts associated with this development have been identified and discussed in the body of this report. • Well designed places and spaces that minimise personal harm and where

people interact with each other, so that crime is reduced. The application was referred to NSW Police for an assessment against CPTED principles. There were no significant concerns raised and most of the areas of concern are capable of being addressed by conditions of consent, should Council be mindful of approving the application.

Governance The City of Ryde is committed to ethical and effective decision making processes that ensure full transparency and involvement of its community in the governance of the City. The assessment of this development application meets the key outcomes for Governance (set out on pages 47-48 of the Management Plan 2005-2008): • Improved communication with the community and increased awareness and

understanding of council’s decisions by the community. The application was notified to residents of the City of Ryde in compliance with DCP 15B – Notification of Development Applications. Several submissions have been received and they have been considered in the body of this report.

• Compliance with all legislative requirements and statutory obligations.

The assessment of this development application has considered all relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act, 1979, the Environmental Planning and Assessment Regulation, 2000 and the Ryde Planning Scheme Ordinance.

People The City of Ryde is committed to becoming a socially sustainable City through effective community participation and the active application of social justice principles. A City in which its citizens work together to improve the quality of life and enhance community wellbeing through improved networks and services. The assessment of this development application meets the key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008):


ITEM 3 (continued) • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. The application was notified to residents, the Ryde District Historical Society

and the National Trust seeking comments on the proposed development. The submissions received from interested parties have been considered in the body of this report.

• Growth and benefits for the community are demonstrated through the provision

of employment, economic and academic opportunities. The expansion of Curzon Hall as sought in this development application is not supported due to heritage and amenity impacts. This assessment has recognised the need for a balance between economic growth and preservation of heritage and residential amenity.

• The dignity, aspirations, and rights of residents are responded to.

This assessment report has considered the all of the issues raised by local residents in the submissions received.

Consultation – Internal and External Development Engineer: 22 August 2005: The following report has been provided: “The application is for the construction of the proposed ballroom and associated sub-grade carparking. The applicant proposes to collect stormwater runoff from the proposed alterations and additions by a series of pits and pipes and drain via gravity to an inlet pit located in the eastern corner of the property. The flows up to the 1 in 100 year ARI are proposed to pass the low point of the Curzon Hall property and connect to the existing pipe system through the retirement village, which will discharge into Dunbar Park where the area of the park acts as an onsite stormwater detention basin. The proposed stormwater system was modeled using DRAINS and the results indicated that no overland flow would leave the Curzon Hall site in the 1 in 100 year ARI event. A proposed 25,000L underground rainwater storage tank for irrigation purposes will be designed to collect the ballroom roof catchment with the overflow connecting into the proposed stormwater drainage system. This information has been prepared by Hughes Truman and is indicated on Plan No. 04S129-SK01 Rev A. The existing vehicle crossing is to remain and the existing carpark is to be re-developed into a new multi-level carparking structure.


ITEM 3 (continued) From an engineering perspective, there are no objections to the approval of this application. The attached conditions should be included in any development consent issued”. Landscape Architect: 13 October 2005: The following comments have been provided in relation to the original DA plan and Landscape Plans (Note: the landscape plans were not amended by the applicant): “This landscape design is satisfactory and includes many native species. There is a comprehensive arborist report for all existing vegetation. Recommendation: That the applicant be advised that the landscape plan is satisfactory”. Environmental Health Officer: 21 September 2005: The following report was received: “The main environmental health issues with the proposal are noise, waste management, adequate ventilation and the construction of any areas associated with food handling (including bars). In regard to waste, ventilation and food handling/service areas, further details will need to be submitted to Council (or PCA where appropriate) prior to that work being carried out. Waste details will have to include where and how waste is going to be stored and how the storage area will be serviced including details on access and manoeuvering areas for vehicles. Noise will likely be the main issue that will impact adversely on nearby residences with music from the ballroom and the general noise of the patrons in the ballroom and accessible external areas. Two noise reports have been submitted with the application from PKA Acoustic Consulting. The first report comments on the background noise, the noise that may be generated from the music and sound system, plant noise, noise from cars in the carpark and some structural measures for noise attenuation. The supplementary report comments on noise from vehicles entering and leaving the site and noise from patrons using accessible external areas associated with the ballroom. Noise generated from the plant and equipment should be controllable through careful selection and siting of equipment and the use of the building structure or other barriers to attenuate any noise generated. Likewise, it would not be expected that vehicle movements within the carpark would cause any impact as the carpark is enclosed with masonry and any noise should be contained therein.


ITEM 3 (continued) Maximum noise level criteria were calculated using background noise measurements taken on the northern boundary about 25m from Balaclava Road. An assumed noise level from the ballroom of 97dB(A) was used to make predictions of the expected noise impact at the northern boundary (Retirement Village) and at the residences on the northern side of Balaclava Road. The use of 97dB(A) as a source level may be considered appropriate as a pneumatic drill might produce a level of around 90dB(A) and a rock band about 110dB(A). The report also notes that a loud rock band cannot be accommodated at this facility. Predictions were made for when the doors of the ballroom might be open or closed. The orientation of the ballroom with the main doors facing south means that the building itself provides a degree of protection to the residences on the northern boundary. The report predicts that these residences would have little impact from ballroom noise whether the doors are opened or closed since the maximum criteria established for this boundary would not be exceeded. However, there does appear to be some anomalies, possibly just translation errors, in the report in relation to this boundary. Firstly, the predicted level of 42dB(A) for when the doors are closed is higher than the 38dB(A) when they are open. Secondly, the criteria established for night time (2200-0700) for this boundary was 37.5 dB(A). However the criteria used when compared against the calculated noise levels was 45 dB(A). This would mean that noise at this boundary would exceed the night time criteria. For the residences on the other side of Balaclava Rd the predictions show that the established criteria would be exceeded at any time the doors are open. As a result the report recommends that the noise levels from the music/sound system would need to be gradually reduced towards midnight. The supplementary report concludes that there would be no substantial impact from the additional car movements or patrons using the associated external areas noting that the terrace over the carpark will not be used after dark and that there is a “noise lock” between this area and the ballroom. The overall conclusion of the acoustic consultant is that the proposal can be acceptable as long as the recommendations in the report are implemented. It is probable that the noise impact from this development would hinge on the management practices employed each and every time a function is held. For example, will the sound level be reduced? Will it be reduced sufficiently? Will it be done at the correct times? Will the terrace above the carpark be used after dark? So while the facility could be operated in an acoustically acceptable manner it could just as likely become the source of community complaint.


ITEM 3 (continued) With management practices being so important it is recommended below that a management plan is developed and submitted to Council setting out how consent conditions are to be met and how any complaints from the community are handled. Other recommendations set noise level criteria, require recommendations in the consultant’s report are implemented and certified and that further acoustic assessment reports may be required from the proprietors if any future problems arise”. Council Heritage Officer: 26 November 2004: The following comments have been provided in relation to the original plans: “The proposed development has been the subject of several pre-DA discussions and the proposal has not adequately addressed heritage concerns raised previously. Curzon Hall is held in high regard by the community. This is reflected by the listing of Curzon Hall in the original RPSO gazetted in 1979, as one of 13 buildings which could not be demolished without consent. In 1983 RPSO was amended by LEP No. 12 the aim of which was “to achieve the restoration and preservation of the building …known as Curzon Hall… by enabling its utilisation for commercial use compatible with the locality”. The size of development on the site was restricted by a FSR of 0.33:1. The FSR applies to the existing lot and not to the expanded lot. The site was given further protection by listing in the Heritage Conservation Strategy adopted by Council in 1995. The aim of the strategy was to implement policies which would promote and foster the conservation of Ryde’s environmental heritage. In 2003 Curzon Hall was listed as a heritage item, together with 173 other items, when RPSO was amended by the gazettal of LEP No. 105. The updated heritage inventory sheet prepared by Jennifer Hill, heritage consultant, when items for LEP 105 where being reviewed, states in the policy section that “limited scope for development exists”. The proposed development will adversely affect the heritage values of Curzon Hall through changes to the existing building, the introduction of a large building into the curtilage of Curzon Hall and by substantial and dramatic changes to the landscape setting. Curzon Hall was designed to be seen in the round set within a garden. The existing garden is all that remains of a once substantial landscaped setting. The proposed additions will be visually dominant elements which will detract both from Curzon Hall and the garden. The removal of the existing gardens and introduction of new features could result in loss of original garden elements and adversely affect the setting of Curzon Hall. NSW Police: 20 June 2005: The following issues have been identified by the Police was part of the Safety By Design assessment:


ITEM 3 (continued) “The underground garage area needs to lit to Australian Design Standards. History has shown that dimly lit basement car parks provide criminals with easy access to parked vehicles and allows for plenty of concealment if lighting is inadequate. Consider painting building support poles and the ceiling white to help accentuate level of lighting in car park. Sufficient lighting may also help discourage the incidence of anti-social behaviour commonly associated with licensed premises. External lighting around the new extension new garden area should meet minimum standards. Security lighting should be considered and should not illuminate observers or vantage points. Lights should be projected outwards towards pathways and gates, not towards windows and doors. Passing motorists, police and pedestrians will be the likely observers. Some offenders have been known to access stairwells from street level. They can use these stairs to access areas such as the basement and parking area. Theft from motor vehicles, theft of motor vehicles and robbery can take place in there areas. Magnetic door locking systems linked to Fire Sprinkler alarms can ensure that fire exits are used only for emergencies. Thought should go into the installation of surveillance equipment. Surveillance equipment can enhance the physical security of your business and assist in the identification of people involved in anti social or criminal behaviour. Digital technology should be used to record images from the cameras and the cameras installed in and around the business to maximize surveillance opportunities. Any surveillance system should be manufactured and installed by a qualified and reputable company and regularly function tested. If surveillance equipment is installed it should meet the requirements of the Surveillance and Privacy Act are adhered to. All external doors to be alarmed”. Heritage Council of NSW: 12 April 2005: The following advice has been provided by the NSW Heritage Council in respect to the original DA plans: “The NSW Heritage Council Approvals Committee considered the above application at its meeting on 6 April 2005 and resolved the following: 1) Advise Ryde City Council that:

a) Curzon Hall is considered likely to be an item of state significance; b) That the Heritage Council in principle and without prejudice supports

the upgrading of the temporary marquee to a permanent ballroom structure in the gardens and the development of a rear car parking facility to support the current use of the property;

c) Considers that the size and bulk of the structure and car parking should respect the Heritage Significance of the Curzon Hall;


ITEM 3 (continued)

d) In relation to Development Application DA 894/2004 the Heritage Council considers that the proposal is likely to have an adverse impact on the setting, landmark and aesthetic qualities of the Curzon Hall because:

(i) The carpark design will change the architectural character

of Curzon Hall from the rear substantially. Curzon Hall has a third floor (lower floor) at the rear that will be severely compromised with this proposal. The lower floor will lose its relationship with open land at the rear;

(ii) The proposed car park structure will also alter the setting and architectural character of Curzon Hall considerably as it will now appear on a podium from the rear as against a structure designed to be sitting in open grounds;

(iii) The size, height and bulk of the proposed ballroom is such that it detracts from the main building by adding a built form of considerable proportions in views that were meant to contain Curzon Hall as a predominant free standing building. This would diminish its landmark qualities;

(iv) The proposed ballroom is likely to have adverse impact on the significant views of Curzon Hall from Balaclava Road and Agincourt Road. It is considered that although these significant views may be currently compromised due to vegetation and trees along these boundaries, these views can easily be regained by sensitive management of vegetation and signage along these boundaries;

(v) Any proposal should ensure the retention of significant trees;

(vi) The connections of the proposed Ballroom to the existing building will require a number of windows to be converted into doors and some stone balustrade will also be removed. There will be removal of some existing fabric from the rear of the Chapel as well. The proposed changes are considered undesirable as Curzon Hall is a relatively intact building and these changes will permanently compromise its intactness and therefore detrimentally impact on its heritage significance. The alterations to Curzon Hall should be managed to minimize the impact on significant fabric. The details should be referred for comment/approval.

e) The proposal is not supported in its current form for the reasons listed

above; 2) Notes that the Heritage Office has been in continuing discussion with the

applicant to ensure alternative designs that may resolve these objections; and


ITEM 3 (continued) 3) The Heritage Office is happy to work jointly with Ryde Council and the applicant

to address the issues”. Heritage Office; 10 October 2005; The following comments were provided by the NSW Heritage Office in respect to the amended DA plans: “It is noted that the Ryde Local Environmental Plan identifies the property as a heritage item, and that Council has assessed Curzon Hall as having State heritage significance. It is understood that Ryde City Council has referred the application to the Heritage Office to seek our comments in light of this assessed level of significance. It should be noted that as the Curzon Hall is not currently listed on the State Heritage Register, the NSW Heritage Office is not the consent authority for this development application and does not therefore have a statutory role in the planning process in this instance. However, it should be noted that in light of the state significance of Curzon Hall, process is underway to list Curzon Hall on the State Heritage Register. The application and supporting information have been reviewed and it is considered that the amended proposal generally complies with the previous comments provided by the Approvals committee and is therefore acceptable subject to the following conditions: 1. The development being carried out in accordance with the drawings AR.DA.02

to AR.DA.09 Riv.E; 2. Any approval is subject to a formal Heritage Agreement under the Heritage Act

between the owner and the Minister to confirm the understanding that further expansion of the use or buildings will not be acceptable;

3. If Curzon Hall was not listed on the SHR, the applicant must place an 88B restriction on the property title at his cost, prohibiting future expansion of use or buildings on the subject site. The words of this restriction must be to the satisfaction of the Director, Heritage Office. This must be done prior to the subject development commencing on site;

4. If Curzon Hall was not listed on the SHR, the applicant must place a covenant on the property title in favour of the Heritage Council at his cost, requiring Heritage Council approval for the removal of the above restriction. The words of this covenant must be to the satisfaction of the Director, Heritage Office. This must be done prior to the subject development commencing on site; and

5. The attached list of conservation works (Annexure C) submitted by the applicant at the pre-DA stage must form part of Phase two of the development and be completed to the satisfaction of the Director, Heritage Office, prior to Phase three being undertaken”.

OFFICER’S ASSESSMENT: The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning’s Guide to Section 79C – Potential Matters for Consideration.


ITEM 3 (continued) Section 79C(1)(a) Provisions of Environmental Planning Instruments: Ryde Planning Scheme Ordinance. Zoning The subject site is zoned 3(e) Business Special- Restaurant & Reception Centre under the provisions of the Ryde Planning Scheme Ordinance. The site was rezoned in 1982 (Ryde LEP 12) from 5(a) Special Use – Seminary to Business Special 3(e). The aim of the LEP was to achieve the restoration and preservation of the building erected on the land to which the plan applies, known as Curzon Hall, by enabling its utilization for a commercial use compatible with the locality. The current proposal, for the construction of a ballroom and ancillary carparking is considered to be permissible use within the 3(e) zone. Mandatory Requirements Clause 34 – Probable Aesthetic Appearance This clause of the Ordinance requires Council to take into consideration the probable aesthetic appearance of the proposed building when used for the proposed purpose and viewed from a county or main road (in this instance Balaclava Road). This assessment has found the aesthetic qualities of the proposed ballroom to be satisfactory. The building is well designed in terms of its architectural style and the intended external finishes. Aside from the heritage concerns, discussed elsewhere in this report, the building will only have a very minor visual impact from Balaclava Road because there is substantial screen planting between the road and the proposed building. Clause 41 – Preservation of Trees This clause of the Ordinance prevents the ringbarking, cutting down, topping, lopping, removing, or injuring or willful destruction of any tree or trees covered by Council’s Tree Preservation Order except with the prior consent of Council. A report from an arborist has been provided with the development application. This report has assessed 57 trees and found that 16 will require removal because they stand within the proposed construction footprint or have construction activity within their critical root zone. This report has recommended the removal of these 16 trees because they are internal to the site and have a low significance rating. That said, many of these trees do in fact make some contribution to the amenity and appearance of the Curzon Hall site. The importance of the tree canopy in the context of the landscaped setting of Curzon Hall should not be underestimated.


ITEM 3 (continued) The site contains many significant trees, in fact 44 of the 57 trees assessed have a significance rating between 1 and 3 (1 being the highest and 5 being the lowest). The proposal involves the removal of 11 trees with a significance rating of 3 or higher. The two most significant trees to be removed are described below: 1. Tree 51. Norfolk Island Pine (Araucaria heterophylla) – This tree has a

significance rating of 1, a height of 25m and a spread of 4m. This particular tree has a long SULE (Safe Useful Life Expectancy) of around 40 years or more.

2. Tree 50. Norfolk Island Pine (Araucaria heterophylla) – This tree has a

significance rating of 2, a height of 17m and a spread of 4m. This tree also has a long SULE (Safe Useful Life Expectancy) of around 40 years or more.

Council’s Landscape Architect has inspected both trees and advised that these trees are the weakest of the existing stand of 5 Norfolk Island Pines and appear to be suffering from their location within the carpark (compaction, etc). The ability of Tree 48 to withstand the impacts of construction are questioned, however the applicant’s arborist is of the view that this tree can survive. Accordingly, no objection is raised to the removal of the 16 existing trees on the site and the proposed tree protection measures outlined in the arborist report submitted with the development application if Council is mindful to approve the application. Clause 42 – Advertising Signs This application does not involve the provision of any signage associated with the current proposal. Clause 51 – Floor Space Ratios This clause of the Ordinance provides a maximum floor space ratio of 0.33:1 in relation to the subject site. The existing FSR on the site amounts to 0.19:1 (1,614sqm). This calculation is based on excluding the substantial verandahs and around the building. If the balconies were included, the FSR would be 0.26:1 (2,168sqm). The initial proposal involved a ballroom having a gross floor area of 799sqm. This resulted in a FSR of 0.29:1

Original DA Amended Plans Site Area 8,322sqm 8,322sqm Gross Floor Area (excluding verandahs)

2,413sqm 2,363sqm

FSR 0.29:1 0.28:1


ITEM 3 (continued) The applicant has taken the view that colonnades and verandahs should not be included within the gross floor area calculations. They consider that the floor space on the site will satisfy the relevant objectives within the Ryde Planning Scheme Ordinance and will not have any adverse impact on the surrounding uses. If the area of the colonnades and verandahs were included in the floor area of the development the following FSR would result:

Original DA Amended Plans Site Area 8,322sqm 8,322sqm Gross Floor Area (including verandahs)

2,967sqm 2,917sqm

FSR 0.36:1 0.35:1 Taking into account the floor area of the colonnades and verandahs, the proposal would clearly exceed the maximum 0.33:1 FSR. Based upon the definition of “Floor Area” in the RPSO, the colonnades and verandahs technically amount to additional floor space. Unlike dwelling houses (where the DCP 17A specifically excludes the area of open verandahs and decks), the area of covered balconies and verandahs is included as floor space. If this is the case, the applicant’s SEPP 1 objection should be considered. The SEPP 1 objection argues that the additional floor space is acceptable because the design of the proposed new ballroom is sympathetic with the surrounding area and is consistent with the local context. The applicant takes the view that compliance with the floor space ratio is unnecessary because the application demonstrates consistency with the objectives of the floor space standard and there is an absence of adverse impacts in terms of bulk and scale. The SEPP 1 objection also states that no adverse amenity impacts on adjoining properties have been identified. The applicant has taken the view that the scale of the proposed ballroom is acceptable in the context and has no adverse amenity impacts to surrounding residents. Although this may be the case up to a point, there are a number of issues concerning the intensity of use and density that need to be considered further: 1. Scale and proportion of the new ballroom when compared with Curzon Hall 2. Intensity of the proposed use (The design of the proposal is such that there

will can be anywhere up to a maximum of 500 guests attending several functions within the premises at any one time).

Both of these concerns derive from the excess floor space contained in the proposed ballroom additions. The additional floor space is directly related to the significant heritage and amenity impacts associated with the proposal. These impacts are considered in more detail elsewhere in this report. Because of the severity of these impacts, the SEPP 1 objection is not supported in this instance and the additional floor space should not be allowed.


ITEM 3 (continued) Clause 72 Prevention of Demolition of Certain Buildings This clause of the Ordinance applies to those buildings listed in Schedule 7, which includes Curzon Hall. The clause formed the earliest method of heritage protection within the City of Ryde. The clause prevented the demolition of buildings without development consent. Until 1998, only building approval under the Local Government Act was required to demolish buildings that were not heritage items. This clause is effectively redundant due to the more detailed heritage controls inserted into Part IX of the Ordinance (see Clause 86). Clause 72A – Curzon Hall This clause of the Ordinance states that the Council shall not grant consent to the carrying out of development on land to which this clause applies if that development: (a) In the opinion of the Council, will detrimentally affect or significantly alter the

appearance of the building known as “Curzon Hall”; or

Comment: Council engaged the services of a consultant heritage architect to review this development application. Brian McDonald from HBO+EMTB was requested to assess the heritage impacts of this proposal on Council’s behalf. The main issues arising from Mr McDonald’s review of the original DA plans (submitted September 2004) are as follows: - the impact of the proposed ballroom addition on the setting of Curzon Hall

and Curzon Hall itself; - the effects of the proposed landscaping on the grounds and setting of

Curzon Hall;

- the impact of the proposed car parking structure and its roof garden;

- the impact of the internal alterations to Curzon Hall; and

- Given the likely impact of the changes proposed to the building and its setting, whether the new facilities proposed can be justified with regard to the ongoing conservation of Curzon Hall.

Mr McDonald has concluded that consent should not be granted to changes of the magnitude proposed unless the ongoing care and conservation of Curzon Hall relies upon them; and if: 1. The north-eastern part of the Ballroom is made as transparent as possible

and the roof form is modified to set the higher part further back,


ITEM 3 (continued)

2. The landscaping is redesigned to retain the existing soft-edged park-like

quality,

3. The car park structure is made lower and does not impact visually and physically upon the eastern part of the service wing and the north side of the chapel.

The amended plans received in August 2005 have also been reviewed by Mr McDonald and the following advice given: “I had previously concluded that consent should not be given to changes of the magnitude unless the ongoing care and conservation of Curzon Hall relies upon them. No further information has been provided for me to be able to form an opinion on this point. If the NSW Heritage Council and the Council should be inclined to seek a resolution of this application, it may be considered more favourably then before: - Because the north eastern part of the ballroom has been made as

transparent as possible, the roof form was substantially lowered and the covered link has minimal impact; and

- If the landscaping is redesigned to reflect more closely the existing soft

edged park-like quality (which could be addressed by consent conditions); and

- If the carpark structure is made lower at the north east part at least (as

suggested by the NSW Heritage Council Approvals Committee) and does not impact as much visually and physically upon the eastern wall of the Chapel.

The applicant and the applicant’s architect has made several changes to the proposal following consultations with the Council, the NSW Heritage Office and others. However, in my opinion, further attention is required to “soften” the landscape treatment and to further reduce the visual and physical impact of the car park structure”.

On the basis of Mr McDonald’s assessment, the proposed new Ballroom and

carpark will have a detrimental impact on the heritage significance of Curzon Hall. Accordingly, if the findings of Mr McDonald are accepted, the development application should be refused.

(b) Provides for pedestrian or vehicular access to Balaclava Road.

Comment: The proposed development does not involve the provision of either pedestrian or vehicle access from Balaclava Road.


ITEM 3 (continued) Clause 86 – Protection of Heritage Items This clause of the Ordinance requires Council to assess the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item. This assessment must consist of:- 1. The heritage significance of the item as part of the environmental heritage of the

City of Ryde, and

Comment: A detailed assessment of the heritage impacts of the proposal was undertaken by Mr Brian McDonald of HBO+EMTB. A summary of Mr McDonald’s review is provided above. This assessment has found the proposal to have a detrimental impact upon the heritage significance of the building and recommends that the proposed development not be supported unless the ongoing conservation of Curzon Hall depends upon these works. The applicant has not given information to Council that proves this to be the case.

2. The impact that the proposed development will have on the heritage

significance of the item and its setting, including any landscape or horticultural features, and

Comment: Mr McDonald has made comment in relation to the heritage setting and landscape features. The following comments are relevant to this assessment: “Even though the present landscaped setting is one that has evolved over time, obscuring the original arrangement of the driveway on the western side and retaining limited plant species of the early periods of Curzon Hall, it quite appropriately presents an informal park-like character that is consistent with its historical use as a grand mansion and later by the Vincentian Fathers. The rectilinear, formal and hard edged character of the landscape design accompanying the application would create an “urban” atmosphere, which is inconsistent with interpretation of the past uses of the site. The landscape design approach should be fundamentally reconsidered with more attention to enhancement of the park-like and hitherto semi-rural nature of Curzon Hall’s setting. It is acknowledged that the proposed diversion of the driveway away from the building towards the south boundary would enhance the setting on the eastern side”.


ITEM 3 (continued)

The recommendation of Mr McDonald to retain the informal park-like garden setting is contrary to the applicant’s desire to create a formal garden experience that is derived from and guided by the built context including the new formal Ballroom. Council’s Landscape Architect has not expressed any concerns over the proposed landscape scheme, other than to say that a formal style of landscaping would be more appropriate for the proposed than the current soft landscaping style.

3. The measures proposed to conserve the heritage significance of the item and its setting, and

Comment: The NSW Heritage Council has advised that Curzon Hall has State heritage significance and warrants inclusion on the State Heritage Register. The Heritage Council is satisfied with the proposed measures to conserve the heritage significance of the item should the application be approved.

4. Whether any archaeological site or potential archaeological site would be

adversely affected, and

Comment: Based upon the information available to Council, it is considered unlikely that the proposed development will adversely affect an archaeological site or a potential archaeological site.

5. The extent, if any, to which the carrying out of the proposed development would

affect the form of a historic subdivision.

Comment: The proposed alterations and additions to Curzon Hall do not affect the form of a historic subdivision.

State Environmental Planning Policy No. 11 – Traffic Generating Development State Environmental Planning Policy No. 11 – Traffic Generating Developments (“SEPP 11”) has been considered in the assessment of this development application. Having regard to the nature of the proposal and the number of parking spaces it will provide, the application does not trigger a referral to the NSW Roads and Traffic Authority under SEPP 11. Nevertheless, a detailed assessment of the traffic impacts associated with the proposed development is provided elsewhere in this report. State Environmental Planning Policy No. 55 – Remediation of Land State Environmental Planning Policy No. 55 – Remediation of Land (“SEPP 55”) has been considered in the assessment of this development application.


ITEM 3 (continued) Based on the extensive information in Council’s possession concerning the previous use of the Curzon Hall site, the presence of contamination in the soil is unlikely. It is considered that the development of the site for the proposed ballroom can proceed without the need for remediation. Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Sydney Region Environmental Plan (Sydney Harbour Catchment) 2005 applies to the subject site. The provisions of this REP came into effect on 28 September 2005. Although the provisions of the REP have commenced, it was made with a transitional or savings provision (clause 11), which states: “Any development application lodged before the commencement of this plan, but not finally determined before its commencement, is to be determined as if the plan had been exhibited pursuant to section 47 of the Act but had not been made”. The site is located within the designated hydrological catchment of Sydney Harbour and therefore is subject to the provisions of the above SREP. However, the site is not located on the foreshore or adjacent to the waterway and therefore, with the exception of the objective of improved water quality, the objectives of the SREP are not applicable to the proposed development. The objective of improved water quality is satisfied through compliance with the provisions of Council’s Development Control Plan No.41. The proposed development raises no other issues and otherwise satisfies the aims and objectives of the SREP. Development Control Plan No. 27 – Waste Management & Minimisation Development Control Plan No. 27 – Waste Management and Minimisation (“DCP 27”), which came into effect on 7 March 2001, applies to the proposed development and has been considered in the assessment of this development application. The proposal does not present any issues in relation to compliance with the requirements of DCP 27. Development Control Plan No. 28B – Advertising Signage The current application does not involve the display of any new advertising signage beyond what currently exists on the site. Development Control Plan No. 29A – Car Parking Development Control Plan No. 29A – Car Parking (“DCP 29A”), which came into effect on 17 January 2003, applies to the subject site and has been considered in the assessment of this development application.


ITEM 3 (continued) A review of the development application indicates that the applicant has calculated the required car parking for the site on the basis that the existing facility was only required to provide 51 car spaces for a venue licensed to seat 500 people. There are several problems associated with the way the applicant has calculated the number of parking spaces required for the proposal. The result being the proposal has a substantial shortfall in off-street parking, which will have adverse impacts on the adjoining residents and the character of the surrounding location. A search of the Curzon Hall website (“www.curzonhall.com.au”) reveals that there are currently 7 rooms/spaces are capable of being used for functions:

1. Banquet Room / Chapel – 249m2 2. Curzon Room – 96m2 3. Isabella Room – 96m2 4. Agincourt Room / Conference Room - 142m2 5. Macquarie Room – 45m2 6. Balaclava Room – 45m2 7. The Cellars

The 1983 DA required a minimum of 91 spaces to be provided. The assessment report for the DA stated: “Council’s parking requirements for restaurant’s and reception centres is 1 space per 5 sq m of dining area. The total area proposed to be utilized for dining is 452 sq m. A total of 91 off-street parking spaces must be provided to comply with Council’s requirements, of which 51 are required in respect of the ground floor operations and 40 in respect of the first floor”. This requirement is expressed in the following table: Parking Spaces Floor Space of Dining

Area (m2) Ground Floor (Chapel & Restaurant)

51 255m2

First Floor (Conference Room)

40 200m2

The 91 spaces related to the Banquet Room, the Curzon and Isabella Rooms (presumably the restaurant facility at the time) and the Agincourt Room. It is likely that the proposal described in the 1983 DA was breaking new ground and largely untested. The applicant has nominated spaces within the building that would be suitable for entertaining purposes. The current operator appears to find economically viable uses for several other spaces within the building (such as the Macquarie and Balaclava Rooms). It appears that over time there has been an expansion of the use into other parts of the building without additional car parking being provided on site. The current proposal provides an opportunity for Council to review the overall parking demand associated with use and provided additional car parking if required.


ITEM 3 (continued) Applicant’s Calculation: The traffic assessment submitted with the development application states that the existing approval for the site requires 51 spaces on site. The current proposal results in 285m2 of additional permanent dining area (after the closure of the first floor restaurant). Thus, an additional 57 spaces would be required to comply with the DCP parking rate of 1 space per 5m2 of dining area. The proposed development intends to provide 109 parking spaces and in the opinion of the applicant, it had complied with the requirements of the Parking DCP. Officer’s Calculation: The above parking calculation fails to give proper consideration to the 1983 DA consent, which required 51 permanent paved and linemarked spaces plus an additional 40 spaces to be provided on the lawn adjacent to the building for those occasions where both the ground and first floor would be in use at the same time. A simple calculation of the parking requirements of this proposal is provided in the following table:

Parking Spaces Floor Space of Dining Area (m2)

Chapel 50 249 Conference Room/s 46 232 New Ballroom 60 300 Total 156 781

The above calculation based on the proposed dining area would require the provision of 156 spaces for the 3 main function rooms. As the proposal only provides a total of 109 spaces, there will be a shortage of some 47 spaces. Council has engaged the services of a Traffic Consultant (Mr Chris Hallam) to review the parking and traffic impacts of the proposed development. Mr Hallam has reviewed the development application and the traffic report submitted in support of the DA as well as the 1983 approval for the reception centre and restaurant. Mr Hallam has reviewed the proposal in terms of the likely demand for off-street car parking. His assessment is based on the figures provided by the applicant rather than the floor areas stated on the website. His parking assessment is repeated below: “If the application is relying on the continuing use of the First Floor area, the parking required under the current consent is 91 spaces. This is clearly set out in the consent conditions. If the additional permanent dining area is 285 sq m – and I have not checked this number for accuracy – then as stated, the additional parking is 57 spaces. This needs to be added to the current requirements for 91 spaces, giving a total requirement for 148 spaces, or 39 spaces in excess of the proposed supply”.


ITEM 3 (continued) The outcome of this assessment is that the proposal has a shortfall of between 39 and 47 spaces against the parking requirements of Council’s DCP 29A. This shortfall would have a detrimental impact on the adjoining residents in the surrounding area because there will be up to 47 vehicles parking on local streets rather than on the site. Aside from the impact this shortfall will have on the local residents (availability of on-street parking) there is the noise and amenity issue associated with guests departing Curzon Hall late in the evening such as talking, shouting and car doors being closed. The nature of these types of issues makes it difficult for the management of the premises to prevent or control these impacts on the local residents. Mr Hallam has also presented an alternative parking calculation that is based on a survey of the patrons attending Curzon Hall on Saturday 21 August 2004 that was conducted by the applicant’s traffic consultant. The survey found that 35.4% of the 274 patrons on that night drove a car to the site, while 63.2% of the staff drove. For the proposed extensions, this calculates out to be:

• Patrons 500 @ 35.4% driver = 177 cars • Staff 30 @ 63..2% driver = 19 cars • Total = 196 cars

Mr Hallam advised: “Thus on the applicant’s own submission, on a night with 500 patrons, the parking overflow onto the surrounding area would be 87 cars. For the applicant’s lower use night, 400 patrons, this overflow would still be 52 cars. In conclusion, the proposed extensions appear to be an overdevelopment of the site, for the on-site parking proposed”. Conclusion: The parking shortfall of 39 spaces is a 26% variation to the DCP requirement. Such a large variation to Council policy, where there is a demonstrated external amenity impact, is unacceptable and warrants refusal of the application. Development Control Plan No. 37 – Access for People with Disabilities Development Control Plan No. 37 – Access for People with Disabilities (“DCP 37”) which came into effect on 18 December 2002, applies to the proposed development. The aims of the DCP are:- (a) to ensure that builders, developers and others provide access for people with

disabilities in new and refurbished premises as required by the Disability Discrimination Act 1992,

(b) to provide design criteria that achieve access for people with disabilities, and (c) to promote the concept of an accessible environment for the whole community.


ITEM 3 (continued) Access Associates have prepared an access review in relation to the proposed development. This review highlights a number of issues concerning provision of disabled access. Accessible Path of Travel There will be a 1:20 walkway between the main entry portico and the verandah. From this point there will an accessible path of travel along the verandah to the new ballroom via a 1:20 walkway to the colonnade along the western side of the ballroom. Disabled access will be provided from the ballroom to the lawn area outside the ballroom via a 1:20 ramp alongside new stairs to be provided between the ballroom and the lawn. The access consultant has recommended that if access to the lawn area is required by people in wheelchairs, then a path of hard surface would be required to be installed (a temporary pathway to be rolled out could be provided if a more permanent path is not desirable). Accessible Parking: The proposed development does not provide any accessible car parking within the basement car park. Instead there will be 4 accessible spaces provided at the front of the building near the main entry portico. The author of the access review understands that it will be management policy to provide a valet parking service for guests with a disability who do not qualify for disabled parking permits for the 4 accessible spaces. It is also understood by the report’s author that a strategy will be developed to provide weather protection as required by guests with disabilities using the accessible spaces. Accessible Toilets: It is proposed that accessible sanitary facilities will be provided in the area adjacent to the proposed ballroom off the vestibule area. The existing accessible toilet provided within Curzon Hall is to remain despite it not meeting current requirements of AS 1428.1. Development Control Plan No. 41 – Stormwater Management Development Control Plan No. 41 – Stormwater Management (“DCP 41”) which came into effect on 22 August 2001, applies to the proposed development. Stormwater from the proposal will be collected conveyed by a series of pits and pipes to an inlet pit located in the eastern corner of the property. Flows up to the 1 in 100 year ARI are proposed to pass the low point of the Curzon Hall property and connect into the existing pipe system through the adjacent retirement village. These flows connect into the natural watercourse flowing through Dunbar Creek Council’s Senior Development Engineer has advised that runoff from the proposed development will meet Council’s requirements under DCP 41. Appropriate drainage conditions have been provided by Council’s Senior Development Engineer should Council be minded to approve the development application.


ITEM 3 (continued) Development Control Plan No. 45A – Energy Smart/Water Wise Development Control Plan No. 45A – Energy Smart/Water Wise (“DCP 45A”) which came into effect on 3 December 2003, applies to the proposed development. The proposed development can easily accommodate the requirements of this DCP (such as water saving fittings and fixtures). The proposal does not present any issues in relation to compliance with this DCP. Section 94 Contributions Plan No. 1 (2003 Amendment) Council’s Section 94 Contributions Plan No. 1 (2003 Amendment) applies to the proposed development. The contributions collected under the plan are used by Council to provide open space, drainage infrastructure and to fund the administration associated with the preparation and implementation of the plan. The proposed development is considered to fall within the category of commercial / industrial development, which has a contribution rate of $70 per square metre. Applying this contribution rate to the proposed additional floor space attracts a monetary contribution of $52,500. If Council is mindful to approve the development application, it is recommended that a condition of consent be imposed requiring the payment of this contribution. Section 79C(1)(b) Likely impacts of the Development Built Environment Context and Setting To assist in the assessment of the proposal from a design and context perspective, Council’s Design Review Panel was requested to review the original DA plans and provide relevant comments. The Panel was generally supportive of the proposal but did make suggestions to the design that would lessen its visual impact. The main concern the Panel expressed about the proposal was the scale of the ballroom in comparison to the adjoining Curzon Hall. The issues identified were the height and footprint of the building. The applicant has since amended the proposal since the Panel considered this matter and the changes made such as lowering the roof of the building and also reducing the building’s footprint address the concerns raised by the Design Review Panel.


ITEM 3 (continued) The Design Panel found the landscape design of the gardens to be excessively urban and rectilinear. Their advice is the landscape garden should be made “less formal” and more congruous with the picturesque setting of the house. Council’s consultant Heritage Architect, Mr Brian McDonald, also shares this concern that the proposed landscaping is too formal and needs to be more “park-like”. Although the use of hard-edged landscaping is a suitable landscaping context for a formal wedding ceremony, it does not seem to be the most appropriate outcome from a heritage point of view. Accordingly, the proposed landscape design is not supported under the circumstances. Access and Traffic The traffic and parking implications of the proposed development have been fully assessed by Mr Hallam on Council’s behalf. This assessment involved a review of the traffic impact assessment prepared on behalf of the applicant by Gennaoui Consulting. Mr Hallam has found that the roundabout at the intersection of Balaclava and Agincourt Roads has ample capacity to handle the additional traffic associated with the proposal. The engineering capacity of the road network is not a constraint on the proposed development. Another consideration Mr Hallam has investigated is the environmental capacity of the roads near the site. His findings were: “the external traffic implications of the proposed expansion would be satisfactory. There is a potential for noise impacts due to additional late night traffic. This would need to be assessed by an acoustic consultant”. Mr Hallam’s conclusions are reproduced below for the information of Councillors: 1. Based on information provided on the current consent, I consider that this

existing consent allows about 250 patrons on the site with staff numbers limited to 10,

2. The proposal would increase the maximum patronage to 500 patrons, with 30 staff,

3. In traffic planning terms, the external traffic implications of the proposal are considered to be satisfactory. There is the potential for noise impacts due to late night traffic. This would need to be assessed by an acoustic consultant.

4. The current consent requires 91 parking spaces on the site, which is 40 spaces more than the contention of the applicant. Based on the applicant’s submission, the additional floor area will require an additional 57 parking spaces. This will take the requirement to 148 spaces.

5. A total of 109 on-site parking spaces are proposed, some 39 spaces short of the DCP requirements.

6. On the applicant’s survey figures, the 500 patrons and 30 staff will generate a demand for 196 parking spaces. Thus at full use there will be 87 cars seeking parking on-street and in other areas.

7. Based on this assessment of parking, the proposed extensions are an overdevelopment of the site.


ITEM 3 (continued) The shortfall in parking numbers ranges from 39 to 87 spaces. This is a large variation to the DCP requirement and will have significant amenity impacts upon the adjoining residents. For this reason the proposal is considered unsatisfactory and is recommended for refusal. Crime Prevention Through Environmental Design The proposed development has been assessed against the principles of Crime Prevention Through Environmental Design (CPTED) that were published by the Department of Planning in April 2001. These principles are used so that Council does not approve developments that create or exacerbate crime risk. The 4 CPTED principles are:

- Surveillance - Access Control - Territorial Reinforcement - Space Management

The application was referred to the Eastwood Local Area Command for comment in accordance with the “Protocol for Referral of Development Applications” entered into between the City of Ryde and Eastwood LAC in February 2003. There are no fundamental concerns with this development in terms of the CPTED principles. The development is capable of providing a safe and secure environment subject to the incorporation of measures such as car park lighting, CCTV, external security lighting and appropriate locks on fire stairs. These matters can all be addressed by way of conditions of consent if Council was mindful to approve the development application. Noise and Vibration Council’s Environmental Health Officer (EHO) has reviewed the acoustic report submitted with the development application. It is considered that the noise generated from the plant and equipment should be controllable through careful selection and siting of equipment and the use of the building structure or other barriers to attenuate any noise generated. Likewise, it would not be expected that vehicle movements within the carpark would cause any impact as the carpark is enclosed with masonry and any noise should be contained therein. The acoustic report makes predictions for when the doors of the ballroom might be open or closed. The orientation of the ballroom with the main doors facing south means that the building itself provides a degree of protection to the aged care facility located adjacent to the northern boundary. The report predicts that these residents would have little impact from ballroom noise whether the doors are opened or closed since the maximum criteria established for this boundary would not be exceeded.


ITEM 3 (continued) For the residences on the other side of Balaclava Road, the predictions show that the established criteria would be exceeded at any time the doors are open. As a result the report recommends that the noise levels from the music/sound system would need to be gradually reduced towards midnight. The overall conclusion of the acoustic consultant is that the proposal can be acceptable as long as the recommendations in the report are implemented. It is probable that the noise impact from this development would depend on the management practices adopted for each and every function. There would need to be strict regulation over the volume of the sound system for evening functions, controls over when the roof terrace can and cannot be used, control over when the doors to the ballroom need to be shut. Council’s EHO has suggested that because these management practices are very important to control the external impact of noise on local residents, a management plan will be necessary. This should include noise levels, an undertaking from the operator as to when the doors will be closed and when the roof terrace will be used. It should also set up an appropriate procedure for handling resident’s complaints. Should Council be mindful to approve the application, it is recommended that such a management plan be made a deferred condition of consent to be submitted to Council for approval prior to the consent taking effect. As this site is located in a mostly residential area, it is critical that the noise impacts of a commercial use such as this one do not unreasonably impact upon the residential amenity of the neighbourhood. The concerns about the noise impact of the proposal that are identified above add weight to the argument that this is an over-development of the site and beyond its environmental capacity. Natural Environment As the subject site has been extensively modified by urban development in the last 100 years, the proposed development is unlikely to have any adverse effects on the natural environment. The site is not located near any natural watercourses or any areas of natural bushland. If the issue of heritage was set aside, the landscaping of the proposed development is generally acceptable. The proposed landscape design includes several retaining walls, sections of river pebbles, mass plantings of shrubs and ground covers around a levelled section of lawn. This is a highly modified and manicured landscape setting and unlike the existing park-like plant arrangement. The opinion of Council’s Landscape Architect, who has no objection to the proposed landscaping, is purely based on the quality of the scheme as a landscape proposal. This view has not taken heritage into consideration. The views of Council’s Design Review Panel and Mr Brian McDonald, who do not support such a formal design, are based on a more holistic approach looking at how the landscaping impacts upon the heritage significance of Curzon Hall.


ITEM 3 (continued) If the Council were mindful to approve the proposal, the landscape features that have been outlined above would require modification to retain the “park” like character and incorporate more soft landscaping elements. Section 79C(1)(c) Suitability of the site for the development There are no natural constraints, such as bushfire or overland flows, affecting the site that would render it unsuitable for the proposed development. There is concern that the site may not be large enough to sustain a development of this size. The proposed additions, particularly the new ballroom and carpark structure, will have detrimental impacts on the heritage significance of the Curzon Hall. Council’s Consultant Heritage Architect has addressed this issue and the applicant’s arguments in support of the proposal: “a major concern is that because the current proposal for a substantial increase in facilities is not consistent with the spirit of the previous subdivision (as stated in the Council file documents), which had been allowed to assist in making Curzon Hall viable so that it could be conserved, it should not be approved. The counter argument by the applicant is that in retrospect the subdivision left insufficient curtilage for Curzon Hall and the new owners have inherited a legacy that severely constrains their ability to provide the present day needs to operate a reception centre. That the subdivision was a very poor outcome in heritage terms was obvious. Nevertheless, the case put for such a substantial increase in facilities with such a profound and irreversible impacts on Curzon Hall appears to be based on what the applicant wants rather than what is in the best interests of conservation of Curzon Hall in an appropriate setting, which has not been demonstrated so far”. In addition to the substantial constraint imposed on the site due to its heritage significance, the physical limitations imposed by the existing Curzon Hall prevent the applicant from providing car parking beyond 110 spaces. It could be argued that providing those 110 spaces has not been done in a way that avoids detrimental impacts. Clearly, a lesser development requiring fewer carparking spaces would be more appropriate for the subject site. This assessment has demonstrated that the current proposal is an overdevelopment of the site and beyond its environmental capacity. Section 79C(1)(d) Any submissions received The proposal was advertised and notified in accordance with Council’s Development Control Plan for Notification (DCP 15B). The original application was advertised in the press dated 10 November 2004. Notification of the proposal to adjoining owners was for a period of 14 days between 13 and 25 November 2004. The notification area was subsequently increased and closing dates for submissions extended until 12 January 2005 to allow residents sufficient time to review the proposal and make submissions after Christmas holidays. During the initial notification period of the original DA plans, seven (7) submissions were received. The issues raised in the submissions were;


ITEM 3 (continued) 1. Concern is raised by the National Trust that the proposed addition which is to

accommodate the ballroom will have a footprint similar in scale to that of the existing hall. It is in the Trust’s view that this is far too large for an addition to a building of this quality and significance.

Comment: The concerns raised by the National Trust are noted and generally agreed to. The impact of the proposal on the Curzon Hall is a major concern.

2. Concern is raised by the National Trust that the proposed addition will consume

a significant part of the Hall’s setting.

Comment: The concerns raised by the National Trust are noted and generally agreed to. The impact of the proposal on the setting of the existing building is a major concern.

3. Concern is raised by the National Trust that the ballroom addition will also

obscure the hall’s garden setting, a quality that attracts many to the site for receptions and functions.

Comment: The concerns raised by the National Trust are noted and generally agreed to. The impact of the proposal on views of the existing building is a major concern.

4. Concern is raised by the National Trust that the proposed car park structure at

the rear of the Hall will result in the loss of original fabric to the basement / service levels of the building.

Comment: The concerns raised by the National Trust are noted and generally agreed to. The impact of the proposal on the existing building is a major concern.

5. Concern is raised by the National Trust that the Norfolk Island Pine (T51) has

been assessed in the arborists report as one of the most significant existing trees. Given there are only 12 “most significant” trees out of a total of 76 trees, the removal of one significant tree will have a negative impact.

Comment: The concerns raised by the National Trust are noted. Council’s Landscape Architect has inspected the site and the significant trees in question. In his opinion these two trees are the weakest of the 5 trees in this location, given the stress from their location.

6. Concern is raised by the National Trust that the proximity of T48 to the ballroom

is of concern. The extent of excavation would no doubt sever and damage the root system, threatening the lifespan of the tree. This is not appropriate given that it is almost a “most significant” tree.


ITEM 3 (continued)

Comment: The concerns raised by the National Trust are noted. Council’s Landscape Architect has inspected the site and the significant trees in question. He doubts the tree in question (T48) will survive the impacts associated with the construction of this development. If Council were mindful to approve the development application, he would recommend that strict conditions be imposed to ensure that all recommendations from the arborist report are put in place to try to retain this significant tree.

7. Concern is raised by the National Trust that the size and location of the

ballroom is completely oversized for the grounds. Curzon Hall would have originally had extensive gardens that matched the grandeur of the House and allowed the visitor to stroll around it admiring its beauty. Although the car park at the rear already disturbs the circular flow of the garden around the House, the ballroom merely further obstructs the ability to move around the outside of the House easily.

Comment: The concerns raised by the National Trust are noted and generally agreed to. The loss of curtilage is an issue raised by Mr Brian McDonald in his report to Council. He is concerned that any structure at the rear of Curzon Hall obscuring it from view and causing substantial and irreversible change to the original fabric and built form. It would also inhibit the ability to appreciate Curzon Hall ‘in the round’.

8. Concern is raised by the National Trust that according to the “Landscape

Architecture Development Application Report”, in the 1920s students were employed to lay out an orchard, vegetable garden and lawns; all soft landscape features that suited the House’s semi-rural location. The formal lawn proposed appears to be over-developed, creating a stylised “outdoor room” that was unlikely to have ever been so formal and built up. The timber deck edging in this area is also particularly “urban” and is out of character with the site’s existing curvilinear gardens.

Comment: The concerns raised by the National Trust are noted and generally agreed to. The appropriateness of the proposed landscaping design has been questioned by both Council’s Design Review Panel and consultant heritage architect, Mr Brian McDonald. They have indicated that Curzon Hall requires a softer park-like landscaping approach to be followed.

9. Concern is raised by the Ryde District Historical Society that the proposed

building appears to be exceptionally large and questions the need for such a huge structure with its accompanying large number of carparking spaces.

Comment: The concerns raised by the Ryde District Historical Society are noted and generally agreed to. The review of the proposal undertaken for council by Mr Brian McDonald has found that proposal to be unsatisfactory because of its impact on Curzon Hall.


ITEM 3 (continued) 10. Concern is raised by the Ryde District Historical Society that the design of the

proposed building is very modern and is totally different from the old Curzon Hall.

Comment: The concerns raised by the Ryde District Historical Society are noted. A review of the proposal was undertaken for Council by Mr Brian McDonald. Mr McDonald has advised Council that a contemporary design approach is the correct approach in this instance.

11. Concern is raised by the Ryde District Historical Society that the new building

will be positioned extremely close to Curzon Hall. The Society notes that Curzon Hall was constructed in order to be admired from all sides and especially from its two street frontages on Agincourt Road and Balaclava Road. If this huge new proposal is constructed where planned it will overlap the view of the beautiful old home from Balaclava Road. We object most strongly to this.

Comment: The concerns raised by the Ryde District Historical Society are noted and generally agreed to. The review of the proposal undertaken for Council by Mr Brian McDonald has found that proposal to be unsatisfactory because of its impact on Curzon Hall.

12. Southern Cross Care has advised Council that it supports the application by the

owners of Curzon Hall subject to the following issues being addressed:

(a) Any lighting particularly that which will be placed on the roof top garden, must face away from our village,

(b) Access to the roof top garden must be restricted at all times to the area which aligns with the proposed walkway from the old to the new building,

(c) There must be extensive and appropriate screen planting to our boundaries,

(d) The sound proofing to the new ballroom and carpark must be such that no noise imposition is experienced by our aged residents,

(e) Hours of work during construction must be limited to periods which take into account that residents are retired persons over 65 years of age.

Comment: Southern Cross Care has advised Council that it has no objection to the proposed development subject to these five conditions being met. Council is not in a position to decide whether the proposed development will always meet these requirements. There is no information about lighting to be provided, the Statement of Environmental Effects does not state the times when the roof garden will be accessible to guests. The application has some screen planting along the side boundary and it is assumed that Southern Cross Care are satisfied with the level of planting in that location. It is unsure what Southern Cross Care means by limiting the construction hours to periods that take into account the fact that the residents are retired persons over 65 years. Unless the applicant gave an undertaking to only carry out building work at certain times of the day, Council’s standard construction hours and days would apply.


ITEM 3 (continued) 13. Concern is raised that the surrounding area is zoned and used for residential

purposes. The proposed commercial property (as proposed by the applicant) will make our lives more difficult, increase the pollution, increase the noise level, change the flow of traffic on roads not built to sustain the increase anticipated and will deface a building of heritage value with architecture unacceptable and not in keeping with the lot.

Comment: As the subject site has a business zoning, Council has taken the view that some commercial development on the site is appropriate. The intensity of the commercial development is dependent upon the impacts it has on the surrounding area. It is agreed that the proposed development will have a detrimental impact upon the residential amenity of the surrounding area because of insufficient parking and possibly noise.

14. Parking - Concern is raised that the proposal will cause parking problems in the

area. With the church services the parking and the traffic makes driving around the area a real hazard. More difficult in the early morning and afternoon peak hour traffic combined with the parked cars.

Comment: This is agreed. The traffic and parking review of the proposal carried out by Mr Chris Hallam found the parking shortfall to be unacceptable.

15. Traffic - Concern is raised that Agincourt Road has no vacant spot left and is

narrow; hardly coping with the current traffic. I reiterate we already experience difficulties in entering and exiting Lancaster Green at peak hours and further commercial development would only make matters worse.


16. Concern is raised that these plans represent a significant defacing of the

property.

Comment: The impact the proposed development will have on the heritage significance of Curzon Hall was assessed by Mr Brian McDonald of HBO+EMTB. He does not support the current proposal.

17. Concern is raised in relation to the noise impacts associated with the proposed

development, which will be substantially closer to residents than the current facilities.


ITEM 3 (continued)

Comment: The applicant has prepared an acoustic report with the development application. Council’s Environmental Health Officer has raised a number of concerns with the predictions contained in that report. Keeping noise levels for this proposed development to an acceptable standard would require considerable management practices to be put into place, such as limiting times when the doors are kept open and restricting use of the roof terrace. If Council were mindful to approve the application, strict conditions of consent would be required to protect the residential amenity of the location.

18. Concern is raised in relation to the expansion of an already large licensed

premises. This is not in keeping with the neighbourhood and we as a community strongly object to the expansion of premises for the consumption of alcohol.

Comment: Council’s assessment must be confined to the amenity impacts of the proposal rather than broader social impact issues. The Liquor Administration Board is responsible for issuing and setting conditions for liquor licences. At this stage there is no proposal to vary the conditions of the liquor licence. The noise and parking impacts of this development have been given appropriate consideration within the body of this report. In summary, the proposal will have significant amenity impacts on the surrounding area and the local residents.

19. Concern is raised that the carparking facilities are inadequate. Curzon Hall

already operates a number of function rooms and restaurants which are already capable of supporting large numbers of patrons. The size and extent of the ballroom will only add to the overall numbers of cars that would attend the site and park on neighbouring streets.


20. Concern is raised that traditional public events like ‘Carols by Candlelight’ can

no longer be held at Curzon Hall as there is no significant large grassy areas exposed. This is a significant asset to the area. In fact the patrons of Curzon Hall often prefer to hold their functions on the large grassy area and under these plans that will no longer be possible.

Comment: Curzon Hall is privately owned and these types of events generally would be held at the invitation of the owner. This is not an issue Council can give much weight to in its consideration.

21. Concern is raised that the proposed extension requires the removal of

established trees that enhance the present building. The proposed planting plan will not provide effective screening and foliage for a long time. The new extension will be obvious and look stark for many years to come.


ITEM 3 (continued)

Comment: The proposed development will compromise the existing views of Curzon Hall from Balaclava Road and there will be the loss of some 16 trees from the site, mostly near the existing bitumen carpark.

22. Concern is raised that the existing plans do not appear to allow for lift access to

the undercover parking to the Ballroom.

Comment: The proposed development has not provided a lift and instead provides disabled parking at the building entrance.

23. Concern is raised that the materials proposed are not in keeping with the

existing building.

Comment: The architects for this project have made the intentional decision to use materials that do not replicate the existing building. The Heritage Office guidelines generally encourage modern additions to heritage buildings to use modern styles and materials rather than replicate the style and materials of heritage buildings.

24. Concern is raised that this increased business will necessitate an application for

increasing the liquor licensing hours.

Comment: This application does not seek any change to the existing liquor licensing arrangements. Council can only deal with the proposal that it has before it.

25. Traffic problems are going to be multiplied by the increased numbers being

catered for.

Comment: Although Council’s Traffic Consultant found that traffic congestion will not be an issue, the parking shortfall will have adverse amenity impacts on the adjoining residents in the surrounding area.

The amended plans received in August 2005 were also notified and advertised to the local residents. This notification was between 16 August and 1 September 2005. Two (2) submissions were received in relation to the amended DA plans. However a submission made by Southern Cross Care was later withdrawn. The issues raised during the notification of the amended plans were: 1. Concern is raised that the architecture of the proposed building does not appear to

be in keeping with that of the original building. I am sure the original building would be covered by a heritage order and if an additional building is erected adjacent to it, this should be of the same architectural design – in sympathy with it rather than in complete contrast.


ITEM 3 (continued)

Comment: This is agreed. The scale and proportion of the proposed development will have a detrimental impact on the significance of Curzon Hall.

2. Concern is raised in relation to the provision of car parking on the site. The parking with regard to functions at Curzon Hall at present is totally inadequate. When a function is held there now, the whole of Agincourt Road, to Keily Street is parked out, and at times I have been unable to park in front of my own house.


Section 79C(1)(e) The Public Interest The Department of Planning’s “Guide to Section 79C” recommends that the following matters be taken into consideration under the heading “Public Interest”: • Do any policy statements from Federal or State Governments have any

relevance? • Are there any relevant planning studies and strategies? • Is there any management plan, planning guideline, or any advisory document

that is relevant? Are there any credible research findings which are applicable to the case?

• Do any covenants, easements, or agreements have an effect on the proposal? • Have there been relevant issues raised in public meetings and inquiries? • Was there consultation and submissions made in addition to above? • How will the health and safety of the public be affected? This assessment has found that none of the above matters are relevant to the consideration of the development application. Having regard to the significant impacts this development will have on the heritage significance of Curzon Hall and the parking impacts in the surrounding area, the current proposal is not considered to be in the public interest. It has come to Council's attention that the owner has made some unauthorised changes to the curtilage of Curzon Hall (water features added). The Group Manager Environment & Planning wrote to the owner requesting that he discuss this matter with her. At the time of writing this report, the owner had not contacted the Group Manager. CONCLUSION: From the outset it is acknowledged that there are differing opinions concerning the impact this proposal will have on Curzon Hall. There are the views held by the applicant’s consultants, Tanner Architects, the NSW Heritage Council, Council’s Heritage Officer and Heritage Consultant, Mr Brian McDonald. In addition, the National Trust and the Ryde District Historical Society have also made their views known.


ITEM 3 (continued) Because heritage is such a subjective issue, there are always going to be differing opinions. This assessment has presented all opinions in order to inform the Council. Reports prepared by the consultants and copies of the letters received from the NSW Heritage Council are CIRCULATED UNDER SEPARATE COVER. Council’s Heritage Officer and Heritage Consultant do not support the application. Leaving heritage issues aside, a critical issue concerning this proposal is the shortfall in off-street car parking. Council retained the services of an consultant Traffic Engineer, Mr Chris Hallam, to review the applicant’s traffic and parking report. Mr Hallam found the proposal will have a shortfall of between 39 and 87 spaces. Such a shortfall is totally unacceptable because of the amenity impacts it would have on the surrounding area and local residents. There is also the potential for noise impacts due to patrons leaving the site to cars parked in local streets and from the venue itself depending on how strictly the functions are managed. When both the heritage and parking issues associated with the proposed development are taken into consideration the impacts will be unacceptable. The basis for the application appears to be to ensure the client has the ability to efficiently and effectively operate the site by increasing patronage rather than securing the restoration and long term conservation of Curzon Hall. For the reasons outlined above, it is recommended that the development application be refused. RECOMMENDATION: (a) That Local Development Application No. 894/2004 for alterations and additions to

Curzon Hall, including the erection of a new ballroom and car parking structure at No. 53-71 Agincourt Road, Marsfield (Lot: 1 DP: 703569) be REFUSED for the following reasons;

1. The proposed development will have a detrimental effect on the heritage

significance of Curzon Hall. 2. The proposed development will have an adverse impact on the amenity of the

surrounding location due to the inadequate provision of on-site car parking. 3. The proposed development is contrary to the heritage provisions contained within

Clause 72A of the Ryde Planning Scheme Ordinance. 4. The proposed development exceeds the maximum floor space permitted by

Clause 51 of the Ryde Planning Scheme Ordinance.


ITEM 3 (continued) 5. The proposed development does not comply with the car parking requirements of

DCP No. 29A. 6. The proposed development will have an adverse impact on the residential

amenity of the neighbourhood due to the associated noise impacts. 7. The proposed development will have a detrimental and permanent impact upon

the significant views of Curzon Hall from Balaclava Road. 8. The proposed development will be an over-development of the site. 9. The proposed carparking structure will have an adverse visual impact to the

residents of the adjoining aged care facility to the north east of the site. (b) That the persons who made submissions be advised of the decision. Liz Coad Troy Loveday Manager Assessment Executive Planner Sue Weatherley Group Manager Environment & Planning


ITEM 3 (continued)

Indicates submissions received Other submissions received outside map area

COPY RIGHT

© 2005 City of Ryde.© 2005 Land and Property Information NSW.

ALL RIGHTS RESERV ED

No part of this map may be reproduced without written permission.

City of Ryde

Development Application894/04

Civic Centre, 1 Devlin StreetRYDE NSW 2112

Locked Bag 2069NORTH RYDE NSW 1670

Tel: 9952 8222 Fax: 9952 8070

E-mail: [email protected]: www.ryde.nsw.gov.au

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Scale: 1:2500 approx.

Date: 28/11/2005

Site


ITEM 3 (continued)


ITEM 3 (continued)


ITEM 3 (continued)


ITEM 4 336 TO 388 VICTORIA ROAD, GLADESVILLE. LOTS: 1, 2, 3, 4, 5 DP: 127023 and LOTS 12, 39, 40, 41, 42, 43 DP: 11022. Local Development Application to demolish timber yard buildings & construct 7 industrial units over two levels with basement carparking & strata subdivision. LDA 1050/2004. Applicant: RCM Constructions Pty Ltd. INTERVIEW The Manager Assessment Reports 9 November 2005: The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary This report considers a proposal to redevelop the site of the Primrose Hill timber yard for the purposes of an industrial development containing 7 units. The site is zoned Industrial 4(b2) Light (Restricted) under the provisions of the Ryde Planning Scheme Ordinance. The proposed development is permissible in the zoning. The development originally proposed vehicular access from 2 points on Osgathorpe Road and left in from Victoria Road. The Ryde Traffic Committee raised concerns in respect to the impact the development would have on surrounding residential streets and requested that the development provide left in and left out on Victoria Road. The RTA however, were originally opposed to any vehicular access from Victoria Road. Following a meeting between Council’s Officers and the RTA, it was agreed that if access to and from the development was via Victoria Road, the safest location would be at the traffic lights at the intersection of Victoria Road and Westminster Road. The applicant has provided a plan to demonstrate that this can be achieved. The site is part of the study area for the Gladesville Master Plan involving both City of Ryde and Hunters Hill Council. At this stage however, the Master Plan has no statutory weight under the provisions of the Environmental Planning and Assessment Act 1979. The proposed development complies with all requirements of the relevant planning instruments. During the notification period, a total of 12 submissions were received. Three of these submissions supported the development and the remaining nine submsissions were against the proposed development. The development application is recommended for approval. Reason for Referral to Development Committee: Nature of the development and the number of submissions received.


ITEM 4 (continued) 2. Site (Refer to attached map.) Address : 336 to 388 Victoria Road, Gladesville Site Area : 8486.8m2

Frontage 131.72 metres Depth 87 metres Topography and Vegetation : There is no significant vegetation on the site. The land

has a substantial slope away from Victoria Road towards Osgathorpe Road and Farm Street.

Existing Buildings : The existing buildings on the site include a large fibro

warehouse and numerous sheds for the storage of timber in the southwest corner of the site. A small office/administration building is located at the front of the site. All of these buildings have previously been used in connection with the Primrose Hill timber yard.

Planning Controls Zoning : Industrial 4(b2) Light (Restricted) Other : Ryde Planning Scheme Ordinance SEPP 55 – Remediation of Land DCP 27 – Waste Minimisation and Management DCP 29A – Car Parking DCP 37 – Access for People with Disabilities DCP 41 – Stormwater Management DCP 45A – Energy Smart / Water Wise Section 94 Contributions Plan No. 1 (2001 Amendment) 3. Proposal Consent is sought for the demolition of all existing buildings and the erection of a building containing 7 industrial units with ancillary office accommodation and on site car parking. It is intended that the 7 industrial units will attract high tech uses. The lower ground floor of the development will contain the ground floor of 3 units, a separate loading and unloading area and basement car parking for 81 cars. These 3 units are orientated to Osgathorpe Road. A mezzanine floor level will contain offices for the 3 units and parking for 79 cars. The ground floor of the development will be accessed from the existing vehicle crossing on Victoria Road. A total of 4 units will have pedestrian frontage and loading dock facilities to Victoria Road. The first floor of the building will cantilever over the parking at the front of the building on the Victoria Road frontage. This level will contain additional floor space for the 4 units.


ITEM 4 (continued) Access to the development is proposed via the existing 8.5 metre wide driveway off Victoria Road and two driveways off Osgathorpe Road. The eastern driveway off Osgathorpe Road is a combined entry/exit driveway 6.5 metres wide and the western driveway is an exit only for heavy vehicles from the loading area which is 9.5 metres wide. 185 car parking spaces are proposed over 2 levels of basement parking and at grade parking around the perimeter of the site. The development has also proposed two locations for future signage along Victoria Road. 4. Background Two previous development applications have been determined in respect of the subject site. LDA 845/2003 proposed a mixed use residential/commercial development involving the erection of 5 buildings containing 198 residential dwellings, 1752m2 of commercial floor space, 1814m2 of hotel/tavern and 429 car parking spaces. This DA was refused by Council at its meeting held on 17 February 2004. The development application was submitted on the basis that the owner believed the site enjoyed existing use rights under the provisions of the Environmental Planning and Assessment Act, 1979. Following Council’s refusal, the matter was considered by the Land and Environment Court to determine the permissibility of the development and whether the site enjoyed existing use rights. The Court concluded that the site does not enjoy existing use rights and therefore the development as proposed was not a permissible use in the current zoning. Prior to the Court’s decision, a second development application was submitted to Council (LDA 8/2004). This application proposed a commercial building and a fast food restaurant. Part of the application was submitted based on the site having existing use rights. Following lodgment of this application, the applicant was requested to provide further information. Following the Court decision the applicant was requested to advise Council of its intentions in respect to the DA. The DA was refused on 25 June 2005 for lack of information and because the commercial use is prohibited in the 4(b2) Industrial Restricted zone. The present DA was lodged on 15 November 2004. A letter was sent to the applicant on 23 December 2004 requested resolution to further outstanding engineering issues.


ITEM 4 (continued) The matter was considered by the Ryde Traffic Committee Meeting on 3 February 2005. The Committee resolved that access via Osgathorpe Road not be supported. However, the Committee realised that the RTA might not support access solely via Victoria Road. If the RTA does not agree to all access via Victoria Road Council may support access off Osgathorpe Road subject to the applicant paying for the design and construction of both roundabouts at the intersections of Osgathorpe Road and Farm Street and Osgathorpe Road and Evans Street. Council’s Officers will not support any heavy vehicles using the surrounding residential streets, namely Osgathorpe Road and Farm Street. All heavy vehicles to and from the site are to use Victoria Road only. The RTA comments were received on 22 February 2005. The RTA did not support vehicular access from Victoria Road as the site has alternate access from Osgathorpe Road. This resulted in an impasse in respect of the comments from the Traffic Committee and the RTA. The Traffic Committee again considered the matter on 6 October 2005 in light of the RTA comments. The Traffic Committee resolved the following: (a) That the developer shall provide only entry/exit from basement levels into

Victoria Road and delete any entry/exit from Osgathorpe Road. (b) That the developer should pay for the design and construction of both

roundabouts at intersections of Osgathorpe Road & Farm Street and Osgathorpe Road and Evans Street.

(c) That all loading and unloading should occur on the site and all vehicles

including delivery trucks should enter and exit basement car park in forward direction.

(d) That as the proposed development has a frontage to Victoria Road, that the

proposal be forwarded to the RTA for comment. (e) That all the heavy vehicles from this site should not use any residential streets

namely Osgathorpe Road and Even Street instead use Victoria Road only. Council’s Officers held a meeting with the RTA to discuss the issue of access on 16 November 2005. At this meeting the RTA identified that their preferred position for access to the site from Victoria Road is via the traffic lights at Westminster Road and Victoria Road. This would allow for left in and left out for westbound traffic and traffic from the site to be able to turn right onto Victoria Road and proceed eastbound. Failing this option, the RTA would only allow left in from Victoria Road at a location of the RTA’s choice. These comments from the RTA were considered further at the Ryde Traffic Committee held on 17 November 2005. The recommendations of the Traffic Committee will be discussed further in the report.


ITEM 4 (continued) The applicant has submitted an amended plan that relocates the access to the existing traffic lights. This modification has involved minimal changes to the internal driveway location and no changes to the building. The changes were such as not to warrant the renotification of the amended plan. Many of the submissions received by Council requested that access should be from Victoria Road. This option ensures access to and from Victoria Road can be achieved. 5. Management Plan Linkages N/A. 6. Relationship to Key Outcome Areas Assets The City of Ryde is committed to continuing the delivery and maintenance, with community participation, of high quality and environmentally friendly infrastructure facilities throughout the City, which contribute to the lifestyle of the community. The development application will involve a new driveway crossing. Appropriate conditions of consent have been imposed to require the restoration and protection of public places. Environment The City of Ryde is committed to becoming an ecologically sustainable City through the professional management of our City’s natural and physical environment and the conservation of natural resources to ensure the health, diversity and productivity of the local environment is maintained or enhanced for the benefit of future generations. The development has complied with the requirements of Council’s Waste Management DCP and appropriate conditions of consent will be imposed to ensure the development complies with Council’s Energy Smart, Water Wise Development Control Plan. Governance The City of Ryde is committed to ethical and effective decision making processes that ensure full transparency and involvement of its community in the governance of the City. The assessment of this development application meets the key outcomes for Governance (set out on pages 47-48 of the Management Plan 2005-2008): • Improved communication with the community and increased awareness and

understanding of council’s decisions by the community. • The application was notified to residents of the City of Ryde in accordance with DCP15B _notification of Development Applications. Council’s business paper and decisions are available to the public.


ITEM 4 (continued) • Compliance with all legislative requirements and statutory obligations. The application has been assessed under Section 79C of the Environmental Planning and Assessment Act 1979, the Ryde Planning Scheme Ordinance 1979, relevant State Planning Policies and relevant Council Development Control Plans and policies. People The City of Ryde is committed to becoming a socially sustainable City through effective community participation and the active application of social justice principles. A City in which its citizens work together to improve the quality of life and enhance community wellbeing through improved networks and services. The assessment of this development application meets the key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008): • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. The application was notified to residents of the City of Ryde in compliance with DCP15B – Notification of Development Applications. • The dignity, aspirations, and rights of residents are responded to. As required to by Section 79C of the Environmental Planning and Assessment Act 1979 and Council’s Code of Conduct, this was considered. 7. Consultation – Internal and External Internal Referrals Development Engineer: No objections subject to appropriate conditions of consent. Landscape Architect: The following comments were provided by Council’s Landscape Architect: I have reviewed the landscape proposal for the development at Primrose Hill, Gladesville. The site contains little in the way of significant existing vegetation, and the landscape plan, indicates extensive planting to the frontage. My main concern would be the extent of built area and car manoeuvring area particularly in the north eastern part of the frontage, where available landscaping is reduced down to 1m. In fact there is proposed tree planting within this reduced landscape strip which is simply not practical, as the trees would very quickly cause damage to kerbing and adjacent pavements. It would be much better in landscape terms if a more uniform setback could be achieved, so that there could be a more consistent landscape presentation to the Victoria Rd, frontage.


ITEM 4 (continued) It is not possible to amend the plan to allow for greater landscaping as this part of the driveway is required for truck manoeuvring. The minimum setback area occurs for a distance of 10.5 metres along the Victoria Road frontage. The rest of the frontage has a landscaped setback area of approximately 7 metres. Given that the site has no statutory requirement for landscaped area and many other developments have a zero setback, no objection is raised to the 1 metre setback. Building Surveyor: No objections subject to appropriate conditions of consent. Environmental Health Officer: No objections subject to appropriate conditions of consent. Traffic Engineer: The matter was considered for the final time by the Ryde Traffic Committee Meeting at its meeting held on 17 November 2005. At this meeting the Traffic Committee resolved: (a) That access to and from the site be provided by the provision of a fourth leg at the

signalised intersection of Victoria Road and Westminster Road. (b) That this access provide for left-in and left-out for westbound traffic and traffic

from the site to be able to turn right onto Victoria Road and proceed eastbound. (c) That alterations to the traffic signals include all requirements of the RTA and the

cost of all associated works be met by the developer. (d) That the alterations to the traffic signals also include the provision of a pedestrian

crossing across Westminster Road at the intersection with Victoria Road. (e) That all trucks must be loaded and unloaded on the site. (f) That roundabouts be provided at the intersections of Osgathorpe Road / Farm

Street and Osgathorpe Road / Evans Street at locations approved by Council, with the developer meeting all associated costs.

The minutes of the Traffic Committee will be considered by the Public Facilities and Services Committee at its meeting held on 6 December 2005. The above matters have been addressed as conditions of consent. (See condition numbers 15, 20 and 21). External Referrals Roads and Traffic Authority (RTA) The development application was referred to the RTA to seek concurrence under Section 138 of the Roads Act, 1993 in respect of the proposed development. The RTA initially responded on 17 February 2005. The RTA advised that concurrence under Section 138(2) of the Roads Act would be granted subject to Council imposing the following conditions on the development consent:


ITEM 4 (continued) 1. The RTA’s view on direct access to Victoria Road has not changed. The

Authority’s Guidelines for Traffic Generating Developments states “it is advisable to avoid direct access to developments between developments and major roads” and “where possible, vehicle access to developments should be from service roads/lanes”. As this development has alternate access to the site from Osgathorpe Road, the Authority does not support direct access to Victoria Road. Therefore the RTA recommends that Council considers the traffic impact on residential amenity in its determination of the development application.

2. Given the site’s close proximity to public transport, provision should be made

in the existing traffic signals at Victoria Road / Westminster Road for a signalised pedestrian crossing across Westminster Road for pedestrian access to the nearby bus stop.

3. Any redundant driveways are to be removed with kerb and gutter (Type SA)

reinstated to match existing. 4. Should the development proceed, detailed signal design plans of the proposed

signalised pedestrian crossing will need to be forwarded to the RTA for approval prior to the commencement of any roadworks. The applicant is advised that a plan checking fee (amount to be advised) and lodgment of a performance bond will be required prior to the release of the approved signal design plans by the RTA.

5. All works associated with the proposed development shall be at no cost to the

RTA. In addition to the above, the following advisory comments are provided to Council for its consideration in the determination of the development application. 6. It is not clear whether an existing driveway in Farm Street near its intersection

with Osgathorpe Road is intended to be used to access the site. If access is required from Farm Street then the access as shown on the plans is unacceptable due to its closeness with the intersection.

7. All loading docks must be able to accommodate the turning paths of the

largest vehicle likely to serve that loading dock. Council is to be satisfied with the internal loading dock arrangements.

8. Council is to consider the proposed eastern driveway off Osgathorpe Road

servicing both the loading docks and car parks being widened to at least 9 metres to accommodate the shared usage between cars and heavy vehicles.

9. Off-street parking associated with the proposed development (including ramp

grades, aisle widths, aisle lengths, parking bay dimensions and sight distance requirements) should be designed in accordance with AS 2890.1-2004.


ITEM 4 (continued) 10. Council should also give consideration to the provision of secure bicycle

parking. 11. Suitable provision is to be made for demolition and construction vehicles to

park on site to alleviate any need to park on Victoria Road. 12. Storm water run-off from the subject site onto Victoria Road, as a result of the

proposed development is not to exceed the existing level of run-off from the site.

As advised earlier in the report, a meeting was held between Council’s Officers and the RTA in respect of issue 1. The RTA has subsequently provided Council with a second letter as detailed below. Further to Council’s representation on the vehicle access to the above development site the authority would like to confirm that, should council and the developer wish to pursue vehicle access to and from Victoria Road, its preference would be at the existing Victoria Road, and Westminster Road signalised intersection. In this regard the authority would grant its concurrence under section 138 (2) of the Roads Act, subject to Council’s approval and the access arrangement being via the Victoria Road and Westminster Road signalised intersection. As discussed at the meeting, such an access point would provide a safe entry and exit to the proposed development and would allow all movements other than the right turn (eastbound) from Victoria Road into the site. It is noted that this may result in additional traffic on the local street opposite the development. Council needs to consider this impact in its assessment and to consider a local traffic management scheme to minimise the traffic impact of the preferred access arrangement. The applicant is to be advised that the signalised access would require redesign of the development application and the dedication of land or an easement for the maintenance of the traffic signals. In addition the existing traffic signals would need to be redesigned and a signalised pedestrian crossing face across Westminster Road would also need to be provided. Alternatively Council may wish to consider an entry off Victoria Road to the development site with consideration being given to a deceleration lane preceding the entry or a splayed driveway to reduce the impact on through traffic in the kerb side lane. I also note that access to the site was considered at a meeting of the Ryde Traffic Committee on 17 Nov during which the RTA’s representative advised the members of these options. I am also informed that the committee’s preferred access arrangement was via the construction of the fourth leg to the signals however this has yet to be confirmed by Council.


ITEM 4 (continued) Notwithstanding the implementation of the preferred signalised access or the left hand entry would be at full cost to the developer. The comments outlined in the Authority’s letter of the 17th February. point 2 – 12 remains valid and should be considered in council’s determination of the DA. The issues initially raised by the RTA have been addressed by appropriate conditions of consent. (See conditions numbered 10 to 20). The applicant has provided an amended plan to demonstrate that access to the site is possible as the fourth leg at the existing traffic lights. 8. Submissions: The proposal was advertised and notified in accordance with the Development Control Plan for Notification. The application was advertised on 24 November 2004. Notification of the proposal was from 24 November 2004 until 13 December 2004. During this time, 12 submissions were received. Of these submissions, 2 supported the development application. A third submission from Gladesville Residents for Appropriate Development supported the application, however raised issues in respect of traffic, parking, landscaping, the water tower and asbestos. The remaining 9 submissions raised objections to the proposed development. The issues raised in the submissions were; • Concerned with increased traffic and speeding traffic in surrounding residential

streets. The increase in traffic will have a material adverse impact on the residential amenity.

The Ryde Traffic Committee considered traffic generation and impact. Using the RTA guidelines of traffic generation rates, the development is likely to generate 64.5 peak hour trips. It is estimated that these trips will be broken down to 52 vehicle trips into the development and 14 vehicle trips out of the development in morning peak hour. This will be reversed in the afternoon. Traffic modeling has indicated that the additional traffic demand on the surrounding residential streets and intersections would be minimal. This has been supported by the Ryde Traffic Committee. • Increase in traffic pollution. The increase in traffic pollution as a result of this development is not adequate grounds to warrant the refusal of the development application.


ITEM 4 (continued) • Loss of privacy. This concern has been raised in respect of a terrace proposed along the southern elevation of the ground floor. The terrace will overlook Osgathorpe Road. Due to the distances with the adjoining residential properties, it is unlikely to result in a material loss of amenity to the adjoining residential properties due to overlooking. • Increased crime rate as a result of the development as no indication of what uses

will be located on the site. At this stage the tenants of the building are not known. It will be necessary for a development application to be submitted for each tenant of the building. (See condition number 3). The development application has been assessed as satisfactory under the Crime Prevention and the Assessment of Development Applications – Guidelines under Section 79C of the EP&A Act. • Lack of on site car parking. This will result in the residential streets being used. The development exceeds the Council’s car parking requirements as specified in the Car Parking Development Control Plan. The development has also proposed more car parking that the RTA guidelines. In these circumstances, there should be minimal impact on the surrounding residential streets. • Access should be from Victoria Road rather than Osgathorpe Road. The issue of access to the site resulted in an impasse between the Council’s Traffic Committee and the RTA. Council’s Traffic Committee wanted left in and left out of the development from Victoria Road. The reason for this was to reduce the impact on the surrounding residential streets. The RTA advised that no access should be permitted from Victoria Road. This option would require all access from the Osgathorpe Road. Following the matter being reconsidered by the Ryde Traffic Committee, a meeting was held between Council and the RTA. At this meeting the RTA agreed to access from Victoria Road subject to the location of the proposed access being at the traffic lights at the intersection of Victoria Road and Westminster Road. The applicant has submitted an amended plan to comply with this requirement. • The light traffic sign on Osgathorpe Road has been removed with no explanation. These type of signs have no statutory weight and cannot prevent heavy traffic from using the surrounding streets. Council’s Traffic Engineer was unaware of the sign in question or when the sign was removed. The removal of the sign had no relationship with the current development application. • Inconsistent with the Masterplan for Gladesville. The proposed development is inconsistent with the Masterplan for Gladesville. However, the Masterplan for Gladesville is a draft document that currently has no weight under Section 79C of the Environmental Planning and Assessment Act. The use is consistent with the current zoning.


ITEM 4 (continued) • Concerned in respect of contamination. The applicant has provided two reports in respect of land contamination. Council’s Environmental Health Officer has reviewed these reports. The reports have concluded that the site is suitable for the proposed development. Appropriate conditions of consent have been recommended. (See condition numbers 83 to 84). • The Traffic Committee has recommended a roundabout at Osgathorpe Road and

Evan Street. Are the residents going to be consulted in this matter? The roundabout was recommended by the Traffic Committee as a way of improving the efficiency of the intersection. • How will the Council prevent one tenant occupying all of the building and then the

building used for Bunnings or Hungry Jacks? Any further tenant would be required to submit a development application for the Council’s consideration (see condition number 3). This purpose of this is to enable the Council to determine that the use is a permitted use in the zone and the use is satisfactory in respect to Council’s other DCP requirements. • Industrial development not conducive with residential areas. Industrial spaces are

threatening and serve to alienate people. The site is zoned for industrial purposes and the development application represents the permitted uses in the zoning. • Health risks due to asbestos. Appropriate conditions of consent have been imposed by Council’s Environmental Health Officer in respect of the removal of asbestos from the site. (See condition numbers 108, 112 and 119). • Mass of the building is visually intrusive when viewed from southern vantage

points. The mass of the building in terms of its height will be greater than what currently exists on the site. However the development has been setback further from the adjoining residential streets and has had greater articulation added to the rear elevation by stepping the building up the slope. A building of such a height is permissible in this particular zoning. • The building is at the western approach to Gladesville Village Shopping Centre.

The design will detract from the “sense of place” when approaching the village along Victoria Road.

The development surrounding the subject site consists of a mixture of industrial, commercial and residential uses, reflecting the site’s location within a transitional zone on the edge of the Gladesville shopping centre. Osgathorpe Road represents the end of the Gladesville commercial zone and the start of the industrial zone further west. The development proposed is in accordance with the current zoning. In these circumstances, no objection is raised to the development.


ITEM 4 (continued) • No landscaping plan has been provided. This should be made available for the

public comments. A landscape plan was submitted with the development application and would be available for viewing at the Council’s Office. • There are existing trees on the nature strip at the corner of Farm Street and

Osgathorpe Road. These trees are not included on the survey plan. Need to be shown in terms of whether there is any conflict with the trees and the proposed access.

The trees have been inspected by Council’s Tree Preservation Officer. No objection is raised to the removal of the trees subject to suitable replacement trees. (See condition number 143). • Wants a public announcement prior to demolition. One of the conditions of consent required by Council’s Health Officer is that the occupants of all adjoining buildings be given notice 7 days in advance of when work is to commence on the site. This issue was raised in many of the submissions. Due to this issue being of concern to the locality, it is suggested that the condition be amended to require notification to all properties within 200 metres of the site. (See Condition number 104). • Concerned with future noise and hours of operation. During construction of the development, the Council’s standard noise and hours of construction conditions would be imposed. As the individual tenants of the units have not been nominated, it is not possible to assess the impact of noise from these premises. Prior to the buildings being occupied, it will be necessary for a development application to be submitted for Council’s consideration. At this stage, Council will be able to determine the likely impact on the amenity of the locality due to noise and hours of operation. • Parking for heavy vehicles should be accommodated on the site. The development has proposed a total of 6 loading docks on the site. This is adequate for the loading and unloading of vehicles. • Drainage needs close attention. The drainage of the site has been closely examined by the Council’s Development Engineer and is satisfactory subject to appropriate conditions of consent. The development will drain into an on site detention system to the existing piped drainage system in the street. This is in accordance with Council’s Development Control Plan No 41. • Questions whether a traffic report was submitted. A traffic report was submitted in respect of the proposed development. The RTA as well as Council’s Traffic Engineer considered this report.


ITEM 4 (continued) • Height should be no higher than existing buildings. The southern elevation of the building will be approximately 2 metres higher than the existing fibro warehouse. Despite the increase in the height, the building has been set back from Osgathorpe Road and has been stepped to reduce the massing and to add articulation in the elevation. • Hours of construction should be limited to normal business hours Monday to

Friday. Council’s standard working hours would be conditioned on any approval. This allows all demolition and construction work to occur between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturdays. (See condition number 54). • Heritage significance of the watertower. The site does not contain any heritage items. The Heritage Advisory Committee considered the matter on 19 October 2005. At this committee it was discussed the need to record the historic elements and buildings on the site prior to any development. A condition of consent has been imposed requiring a photographic survey of the existing building and the site to be submitted to Council prior to any work occurring. (See condition number 7). • The application should be deferred until Council adopts the Gladesville

Masterplan. This would enable a forward planning vision for the site, the adjoining sites and Gladesville along Victoria Road.

Council has a statutory duty to determine development applications in respect to the current and draft planning instruments. The Masterplan does not currently have any statutory weight. The development application has been lodged with Council for over a year and the applicant has requested that the Council determine the current application based on the current controls and planning instruments. 9. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

(i) Zoning

The site is zoned Industrial Light – Restricted 4(b2) under the Ryde Planning Scheme Ordinance. Development consent is sought for 7 industrial units. The proposed development is permissible in this zoning with the consent of Council. At this stage the uses within these units are not known. A condition of consent will be imposed requiring that the development application is to be lodged with Council to establish the use of each tenancy. (See condition number 3).


ITEM 4 (continued)

(ii) Mandatory Requirements

Clause 34(1) – Probable Aesthetic Appearance This clause requires the Council to take into consideration the probable aesthetic appearance of the proposed development when viewed from any main road. In this instance, the development is located adjacent to Victoria Road so the Council must consider the visual impact of the building. From Victoria Road the development will appear as a 2 storey building. This elevation contains considerable articulation as the first floor is cantilevered over part of the on grade car parking. The ground floor has been setback a minimum of 7.5 metres and a maximum of 13 metres from Victoria Road whereas the first floor is setback a minimum of 2.5 metres and a maximum of 7.16 metres from Victoria Road. These setbacks have allowed the development to incorporate landscaping along the Victoria Road frontage that will assist in softening the appearance of the building. The design of the development reflects the permitted uses in the current zoning and the heights of surrounding buildings. The development will have an acceptable visual impact when viewed from Victoria Road. Clause 34(2)Traffic Impacts This clause of the Ordinance applies to the carrying out of any development likely to cause increased vehicular traffic on any road in the vicinity of the development and requires that Council take the following matters into consideration:-

(a) whether adequate vehicular entrances to and exits from the site have been

provided so that vehicles using those entrances and exits will not endanger persons and vehicles using those roads

Comment: The applicant originally proposed left in from Victoria Road and two entry/exit points from Osgathorpe Road. This matter was considered by the Ryde Traffic Committee Meeting on 2 occasions. On both occasions, the Traffic Committee resolved that access involving left in and left out from Victoria Road was Council’s preferred option. This option was preferred, as it would reduce any amenity impacts on the surrounding residential streets. The RTA however did not support this solution. The RTA originally requested no vehicular access from Victoria Road. Following a meeting between Council’s Officers and the RTA, the RTA have identified that their preferred option is for access to the site from the traffic signals at the intersection of Westminster Road and Victoria Road. This option was agreed by the RTA and the Traffic Committee as providing the safest location for access.


ITEM 4 (continued)

The traffic lights are located approximately 50 metres to the east of the access originally proposed by the applicant. The applicant has submitted an amended plan that demonstrates this can be achieved. (b) The provision of space on the site of the building or development or on land

adjoining the site, other than a public road, for the parking and standing of such number of vehicles as Council may determine.

Comment: The parking requirements of the proposed development are considered in detail elsewhere in this report (see assessment against Development Control Plan No. 29A). In summary, the proposed development provides adequate off-street parking spaces.

(c) Whether adequate space has been provided within the site of the building or

development for the loading and fuelling of vehicles and for the picking up and setting down of passengers.

Comment: The development application has provided a total of 6 loading docks for the 7 units. These spaces are adequate for the loading and unloading of vehicles. The site has also provided adequate car parking for visitors as well as the picking up and dropping off passengers. Clause 42 – Advertising Signs

This development application has proposed the location of two signs along Victoria Road. No details have been provided in respect of the type of sign or the proposed wording. Accordingly it is not possible to assess the impact of these signs. It is recommended that a condition of consent be imposed advising that a separate development be submitted to Council for any signage associated with the use of the site. (See condition No. 5).

Clause 43 – Land use for Commercial or Industrial Purposes

This clause of the Ordinance applies to all land having a frontage to a main or county road used or to be used for commercial or industrial purposes, whether or not it forms the site of a building. The clause states that the land shall not be used for the storage, sale or display of goods or for advertising purposes without the consent of Council. This matter can be satisfactorily addressed by way of a condition or advice to the applicant. (See condition No. 6).


ITEM 4 (continued)

Clause 49 – Minimum Size of Allotments – Industry This clause requires that a building or land for the purposes of an industry shall not be used for that purpose unless the allotment has an area of not less than 1000m2 and has an average width of not less than 21 metres. The development site proposes numerous parcels of land which are proposed to be consolidated. This results in the site area being 8486.8m2 and the frontage of the site to Victoria Road being 110 metres. The proposed development complies with these numeric requirements. Clause 51 Floor Space Ratio A maximum floor space ratio of 1:1 applies for the site. The development has proposed a floor space ratio of 0.76:1, which complies with the numeric requirement.

(b) Relevant SEPPs State Environmental Planning Policy No. 55 Remediation of Land The applicant has provided reports in respect of a Stage 2 Environmental Assessment and an Environmental Site Screening report. Based on these reports the site does not present a significant risk of harm to human health or the environment and is suitable for the proposed development. Appropriate conditions have been recommended by Council’s Environmental Health Officer to address this issue. (See conditions No. 83 to 84). (c) Relevant REPs There are no Regional Environmental Plans that will affect the site. (d) Any draft LEPs There are no draft local environmental plans that affect the site. (e) Any DCP Development Control Plan No. 27 – Waste Minimisation and Management The provisions of Development Control Plan No. 27 – Waste Minimisation & Management (“DCP 27”) apply to the proposed development. The primary objective of this DCP is to reduce the demand for construction and demolition waste disposal and encourage long term avoidance, reuse and recycling of waste. Appropriate conditions of consent have been imposed by the Council’s Environmental Health Officer to address this DCP. (See condition numbers 117 and 118).


ITEM 4 (continued) Development Control Plan No. 29A – Car Parking The DCP states that car parking must be provided at the rate of 1 space per 46m2 of nett leaseable floor area for industrial developments. This results in the development being required to provide 141 car parking spaces. The development has proposed a total of 185 car parking spaces. This exceeds the Council’s requirement by 42 spaces. The Ryde Traffic Committee raised no objection to the increase in car parking numbers. The surrounding road system is adequate to accommodate the increase in traffic generation. In these circumstances, no objection is raised to the increased car parking numbers. Development Control Plan 37 – Access for People with Disabilities The applicant has included a detailed access report in respect of the development demonstrating that the proposed development complies with the DCP requirements. A condition of consent will be imposed requiring that the construction certificate plans comply with the requirements of the access report prepared by Access Associates Sydney. (See condition No. 8). Development Control Plan 45A – Energy Smart, Water Wise The applicant has provided a report from AGA Consultants that demonstrates the proposed development complies with the requirements of Council’s DCP. A condition of consent will be imposed to ensure that the development complies with the recommendations of this report. (See condition No. 9). Section 96 Contributions Plan No. 1 (2001 Amendment) Council’s Section 94 Contribution Plan applies to the subject land and contributions levied in accordance with the plan would be required of the proposed development. The contribution rate for industrial development is $66.00 per m2 of gross floor space. The development application states that there will be 8557.1m2 of industrial floor space, resulting in a contribution of $554 768.60 to be paid. 10. Likely impacts of the Development Many of the impacts in respect of this development application have already been discussed earlier in the report. Consideration has been given to the following issues: Context and Setting The subject site forms a key “gateway” site on the periphery of the Gladesville Town Centre. Development surrounding the subject site consists of a mixture of industrial, commercial and residential uses, reflecting the site’s location within a transitional zone on the edge of the Gladesville shopping centre. Osgathorpe Road represents the end of the Gladesville commercial zone and the start of the industrial zone further west. Modern industrial developments and business parks are located to the west of the site along Victoria Road. There are also traditional “highway” uses such as takeaway food restaurants and service stations.


ITEM 4 (continued) Adjacent development to the east of the site is comprised of various showrooms and commercial premises. A former picture theatre exists on the eastern corner of Osgathorpe and Victoria Roads and is now used as a furniture showroom. Predominantly single storey residential development exists to the south of the site in Osgathorpe Road, Farm Street and The Avenue. The scale of the development is consistent with the surrounding developments. From Victoria Road the development will appear as 2 storeys. The development has been designed to step up the slope when viewed from the south. The ground floor plan will be stepped back from the lower ground floor plan. This will add articulation to the elevation as well as assisting in breaking the bulk and massing of the elevation. Traffic Impact The development has provided car parking for 183 vehicles. The majority of this car parking is located in 2 basement levels of the development. In terms of traffic there are 3 main impacts as discussed below: a. Impacts on traffic safety

The development application originally proposed left in to the site from Victoria Road. Although this is an existing access point, the RTA raised concerns in respect of the safety of vehicles using this access. The RTA have advised that if access is to be from Victoria Road, the preferred option is the provision of a fourth leg at the intersection of Westminster Road and Victoria Road. The Ryde Traffic Committee also favours this option. The applicant has submitted an amended plan to relocate the entry and exit at the traffic lights. This will ensure safe entry and exit to the development.

b. Traffic Efficiency

An estimation of traffic generation is calculated using the RTA’s “Guide to Traffic Generating Developments”. This document details the following:

Factories Daily vehicle trips = 5 per 100m2 gross floor area Evening peak hour vehicle trips = 1 per 100m2

Warehouses Daily vehicle trips = 4 per 100m2 gross floor area Morning peak hour vehicle trips = 0.5 per 100m2 gross floor

area. Using the above requirements, the proposed development will generate 64.5 peak hour trips. It is estimated that these trips will be broken down to 52 vehicle trips into the development and 14 vehicle trips out of the development in the morning peak hour. This would be reversed in the afternoon peak hour.


ITEM 4 (continued)

Intersection modeling indicated that the local road junctions of Osgathorpe Road and Farm Street, and Osgathorpe Road and Victoria Road would operate at a good level of service following the completion of the development.

c. Impact on Amenity

The RTA recommends traffic limits on minor local roads as pedestrian safety is of primary concern. Noise impact of traffic is also another relevant consideration. Environmental capacity considerations are relevant to determination of an acceptable level of traffic on residential streets. The RTA considers that the following characteristics are relevant in the determination of environmental capacity for residential streets; traffic characteristics, road characteristics and the characteristics of the location. The desirable maximum peak hour volume of traffic for a local street is 200 vehicles per hour. The potential peak hour traffic volumes in the post-development environment and existing volumes (shown in brackets) for the local streets are as follows:-

Road Name

AM

PM

RTA Desired

Capacity Osgathorpe Rd (north of Farm St)

51 (33) 62 (47) 200

Osgathorpe Rd (south of Farm St)

60 (42) 76 (61) 200

Although the potential traffic volumes on the residential streets named above fall within the maximum 200 vehicles / hour recommended by the RTA, Council’s Traffic Committee raised concerns with the impact the development would have on the amenity of the residential streets. The development was amended to ensure greater vehicular access from Victoria Road. The driveway layout has been amended to provide the new access point at the traffic lights. This will ensure left in from Victoria Road as well as left out and right out onto Victoria Road. This solution will reduce the impact in terms of traffic on the surrounding residential streets.

Privacy and Overlooking The development has proposed a terrace adjacent to the ground floor of the development on the Osgathorpe Road elevation. Concerns have been raised from local residents that this terrace will adverse impact on their amenity due to overlooking. This terrace is separated by at least 30 metres to the nearest residential property. This separation is adequate to maintain visual privacy.


ITEM 4 (continued) Solar Access and Overshadowing

Shadow diagrams were provided in respect to 9am, 12 noon and 3pm during mid winter. During these times, the proposed development will not result in overshadowing to any of the adjoining properties. Shadow from the development will either fall onto Osgathorpe Road or the subject site. The impact in respect to solar access is acceptable. Strata Subdivision Development consent is sought for the strata subdivision of the development. While no objection is raised in principal to the strata subdivision of the site, no plans were submitted in respect of this aspect of the development. Accordingly, development consent cannot be issued for the strata subdivision of the development and it will be necessary to submit a new development application. (See condition number 142). 11 Suitability of the site for the development The site is not classified as a heritage item or subject to any natural constraints such as flooding or subsidence. In this regard, the proposal is considered to be suitable for the site in terms of the impact on both the existing natural and built environments. 12 The Public Interest The public interest is served by assessing applications in accordance with the law and the actual existing policies or draft policies referred to in Section 79C(1). This has occurred in respect of this development application and accordingly is considered to be in the public interest. 13. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. Conclusion: The current proposal complies with the requirements of the applicable planning instrument. Although the site is part of the Master Plan for Gladesville, this has no statutory weight. The access to the site has been amended to provide the access at the traffic lights at the intersection of Victoria Road and Westminster Street. This is not only the safest access point on Victoria Road but will also reduce the extent of traffic from the development on the surrounding residential streets. The application is recommended for approval subject to appropriate conditions of consent.


ITEM 4 (continued) RECOMMENDATION: (a) That Local Development Application No.1050/2004 at 336 - 388 Victoria Road,

Gladesville, being LOTS: 1, 2, 3, 4, 5 DP: 127023 and LOTS 12, 39, 40, 41, 42, 43 DP: 11022. be approved subject to the following conditions;

1. Development is to be carried out in accordance with the Plans No. 3157-C-DA01

B, 3157-C-DA02 A, 3157-C-DA03 B, 3157-C-DA04 A to 3157-C-DA08 A prepared by Zhinar Architects and support information submitted to Council.

2. All building works are required to be carried out in accordance with the provisions

of the Building Code of Australia. 3. A separate development application is to be submitted for each tenancy of the

development. 4. The site is to be consolidated into one allotment. The consolidation process is to

be completed prior to the issue of a construction certificate. 5. No approval has been granted for any signage on the site. A separate

development application is to be submitted to Council for any signage on the site. 6. With the exception of the external timber ageing racks, the site is not to be used

for the external storage, sale or display of goods or for advertising purposes. 7. A black and white photographic survey, in accordance with the guidelines of the

Heritage Council, is to be submitted to Council prior to the demolition of the subject building, with the Construction Certificate.

8. The development is to comply with all of the recommendations / findings / notes of

the access report prepared by Access Associates Sydney dated 6 October 2004. 9. The development is to comply with all of the requirements of the Energy Efficiency

Performance Report prepared by Aga Consultants dated 16/10/04. 10. Given the site’s close proximity to public transport, provision should be made in

the existing traffic signals at Victoria Road / Westminster Road for a signalised pedestrian crossing across Westminster Road for pedestrian access to the nearby bus stop.

11. Any redundant driveways are to be removed with kerb and gutter (Type SA)

reinstated to match existing.


ITEM 4 (continued) 12. Should the development proceed, detailed signal design plans of the proposed

signalised pedestrian crossing will need to be forwarded to the RTA for approval prior to the commencement of any roadworks. These plans are to include a pedestrian crossing as identified in condition 10. The applicant is advised that a plan checking fee (amount to be advised) and lodgement of a performance bond will be required prior to the release of the approved signal design plans by the RTA.

13. All works associated with the proposed development shall be at no cost to the

RTA. 14. No approval has been granted for the use of the existing driveway in Farm Street

near its intersection with Osgathorpe Road. The access as shown on the plans is unacceptable due to its closeness with the intersection.

15. All loading and unloading is to occur on the site. 16. The proposed eastern driveway off Osgathorpe Road is to be widened to at least

9 metres to accommodate the shared usage between cars and heavy vehicles. Details are to be shown on the Construction Certificate plans.

17. Off-street parking associated with the proposed development (including ramp

grades, aisle widths, aisle lengths, parking bay dimensions and sight distance requirements) should be designed in accordance with AS 2890.1-2004.

18. Secure bicycle parking for at least 10 bicycles is to be provided within one of the

basement car parking levels. 19. Suitable provision is to be made for demolition and construction vehicles on site to

alleviate any need to park on Victoria Road. 20. Access to the development from Victoria Road is to be via the traffic signals at the

intersection of Victoria Road and Westminster Road. Access shall be left in and left out for westbound traffic and traffic from the site to be able to turn right onto Victoria Road and proceed eastbound. Detailed design plans of the proposed traffic signals will need to be forwarded to the RTA for approval prior to the commencement of any roadworks. The applicant is advised that a plan checking fee (amount to be advised) and lodgement of a performance bond will be required prior to the release of the approved signal design plans by the RTA.

21. The developer is to pay for the design and construction of two roundabouts at the

intersections of Osgathorpe Road / Farm Street and Osgathorpe Road / Evans Street. Prior to this work occurring the design and location is to be approved by Council. This work is to be completed prior to the occupation of the building.


ITEM 4 (continued) 22. Where possible all heavy vehicles from the site should not use any residential

streets namely Osgathorpe Road and Evan Street. Instead, the heavy vehicles should use Victoria Road only.

23. Landscaping of the development site is to be carried out in accordance with the

landscape plan/concept submitted with the development application. (Plan No. 03287BA 1 prepared by Vision Dynamics).

24. Documentary evidence of compliance with Condition 23 to the satisfaction of

Council or an accredited certifier is to be obtained from a qualified landscape architect or landscape consultant.

i) Documentary evidence of tree retention and landscape planting and

construction in accordance with the approved plan and specified items is to be submitted to the Council prior to occupation of the building.

25. Any hot water systems installed as part of the development must achieve a

minimum 3.5 Star Greenhouse Score. The energy rating of the hot water system should be visible on the product at the place of purchase.

26. Water Efficient Fixtures – Showerheads and toilet cisterns shall be at least AAA

rated water efficient. Bathroom and kitchen taps shall be fitted with aerators and water closets shall have a dual flush cistern.

27. All car park lighting is to be designed, installed and maintained to Australian

Standard AS1680.2.1 – 1993: Interior Lighting Circulation Spaces and Other General Areas. To this effect, ceilings, columns and other vertical structures (including columns and pipes) should be painted white.

28. The lighting of pedestrian pathways within the development shall be designed,

installed and maintained to Australian Standard AS1158.3.1 – 1999: Road Lighting Pedestrian Area (Category P) Performance and Installation Design Requirements. Areas besides thoroughfares should be evenly lit to avoid concealment or entrapment opportunities. The same is applicable to public clotheslines, communal courtyards and letterbox areas.

29. Where security lighting is provided within the development, it should not illuminate

observers or vantage points. Light should be projected outwards towards pathways and gates, not towards windows and doors. Passing motorists, police and pedestrians will be the likely observers.

30. Any surveillance equipment installed is to utilise digital or video technology to

record images from the cameras. Cameras are to be installed in and around the business to maximise surveillance opportunities. Any surveillance system should be manufactured and installed by a qualified/reputable installer and regularly function tested. If surveillance equipment is installed, it should meet the requirements of the Privacy legislation.


ITEM 4 (continued) 31. All ground level surfaces are to be treated with anti-graffiti coating to minimise the

potential of defacement. In addition, any graffiti evident on the exterior facades and visible from a public place is to be removed immediately.

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

(a) at the commencement of the building work, and (b) prior to covering any stormwater drainage connections, and (c) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request.

Prior to occupation of the building, an occupation certificate must be obtained. Prior to the issue of the occupation certificate, the mandatory inspections must be carried out.

33. In addition to the abovestated inspections, Council or an accredited certifier is

required to ensure that adequate provisions are made for the following measures at each stage of construction, to ensure compliance with the approval and Council’s Development Control Plan 42 for “Construction Activities”:

i) Sediment control measures ii) Security fencing iii) Materials or waste containers upon the footway or road. iv) PCA and principal contractor (the coordinator of the building work) signage

and site toilets

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

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

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

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

35. All excavated material must be removed from the site. No fill is to be placed above

the natural ground level.


ITEM 4 (continued) 36. A Fire Safety Certificate/s from a suitably qualified person/s is to be submitted to

Council or an accredited certifier (and Council, if Council is not the PCA or an accredited certifier) for all the essential services installed in the building in accordance with Clauses170 and 171 of the Environmental Planning and Assessment Regulation 2000.

37. The applicant is to submit to and have approved by Council or an accredited

certifier Structural Engineering details for all concrete work and structural steelwork prior to the issue of the Construction Certificate.

38. Continuous balustrades shall be provided along the side/s of any stairway or

ramp, any corridor, hallway, balcony, access bridge or the like, any path of access to a building if:

i) it is not bounded by a wall; and; ii) the change in level is more than one (1) metre, or five (5) risers in the case

of a stairway, from the floor or ground surface beneath except where specific exemptions are provided in the BCA

Balustrades shall prevent as far as practicable:

i) children climbing over or through it; ii) persons accidentally falling from the floor; and iii) objects which might strike a person at a lower level falling from the floor

surface

Balustrade heights and designs shall comply with the BCA Clause D2.16, AS 1170 Part 1. Height above nosings of stair treads, landing, corridors and the like shall generally be not less than 865mm, except in the case of particular locations and specific classes of buildings. Applicants shall check building regulations and ensure compliance.

39. Suitable handrails shall be provided where necessary to assist and provide

stability to persons using the ramp or stairways, located and designed in accordance with the BCA Clause D2.17.

40. Bollards/approved barriers shall be provided adjacent to egress doors and paths

of travel that are likely to be obstructed by vehicles, plant or equipment associated with the use of the premises. BCA Clause D1.10.

41. Sanitary facilities for people with disabilities shall be provided in accordance with

Clause F2.4 Table F2.4 of the BCA and to the standards set out in AS 1428.1. 42. Access for disabled people shall be provided in the building or portion of the

building in accordance with Part D.3 of the BCA and to the standards set out in AS 1428.1.


ITEM 4 (continued) 43. A contribution for the services in Column A and for the amount in Column B shall

be made to Council prior to the issue of the Construction Certificate.

A B Public Space $222 484.60 Stormwater Drainage $325 169.80 Administration $7114.20 The total contribution is $554 768.60

This contribution is a contribution under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in Section 94 Contribution Plan No. 1 (2003 Amendment) adopted by City of Ryde on 19/8/2003.

The above amount, if not paid within one calendar year of the date of this consent, shall be adjusted for inflation by reference to the Consumer Price Index published by the Australian Bureau of Statistics (Catalogue No 5206.0) on an annual basis in accordance until such time as the contribution is paid.

44. A security deposit is to be paid to Council (Public Facilities and Services Group)

being a deposit of $4250.00 as well as the infrastructure inspection fee in accordance with the requirements of Council’s Management Plan (scheduled fees).

45. Enforcement levy is to be paid to Council on lodgement of the Construction

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

46. Documentary evidence of compliance with Conditions 44 & 45 to the satisfaction

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

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

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

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

obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then follow the “e-Developer” icon or telephone 13 20 92. Following application a “Notice of Requirements” will advise of water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.


ITEM 4 (continued)

A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued.

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the linen plan/occupation of the development.

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

documentary evidence that Energy Australia has been consulted and that their requirements have been met.

Energy Australia Building No. 2 Bridge Road (near Sherbrook Road) Hornsby Telephone: 9477 8201 Facsimile: 9477 8295 Postal Address: GPO Box 4009, Sydney NSW 2001 Website Address: www.energy.com.au This information is to be submitted to Council prior to the release of the Subdivision Certificate/Occupation Certificate.

50. Security fencing shall be provided around the perimeter of the building/demolition

site and precautionary measures taken to prevent unauthorized entries of the site at all times during demolition and construction.

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

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

b) During the entire construction phase signage shall be fixed on site identifying the PCA and principal contractor (the coordinator of the building work), and providing phone numbers.

52. Site toilets shall be provided in accordance with the WorkCover Code of Practice

entitled “Amenities for Construction Work”. 53. At all times work is being undertaken within a public road adequate precautions

shall be taken to warn, instruct and guide road users safely around the work site. Traffic control devices shall satisfy the minimum standards outlined in AS1742.3-1996 “Traffic Control Devices for Work on Roads”.

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

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


ITEM 4 (continued) 55. No spoil, stockpiles, building or demolition material is to be placed on any public

road, footpath, park or Council owned land. 56. Adequate precautions must be taken to control the emission of dust from the site

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

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

system. 58. The L10 noise level measured for a period of not less than 15 minutes while

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

General Engineering Conditions

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

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

60. Service Alterations. All mains, services, poles, etc., which require alteration shall be altered at the applicant’s expense.

61. Restoration. Public areas must be maintained in a safe condition at all times.

Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment.

62. Engineering Compliance Certificates. Engineering Compliance Certificates

must be obtained for the following works at the specified stage (If Council is appointed the PCA then the appropriate inspection fee is to be paid to Council) and submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate:

• Prior to backfilling of pipelines in which Council has an interest. • Prior to backfilling of drainage connections to pipelines or channels in which

Council has an interest. • Prior to casting of pits and other concrete structures in which Council has an

interest including kerb & gutter, access ways, aprons, pathways, vehicular crossings, dish crossings and pathway steps.


ITEM 4 (continued)

NOTE: Council has an interest in all pipelines which drain public reserves and public road reserves, and in all structures located within public road reserves.

All Engineering Compliance certificates are to contain the following declarations:

a) This certificate is supplied in relation to <<address of property>>. b) <<name of engineer and company >> have been responsible for the

supervision of all the work nominated in (a) above. c) I have carried out all tests and inspections necessary to declare that the work

nominated in (a) above has been carried out in accordance with the approved plans, specifications, and the conditions of the development consent.

d) I have kept a signed record of all inspections and tests undertaken during the works, and can supply the Principal Certifying Authority [PCA] with a copy of such records and test results if and when required.

Engineering Conditions to be complied with Prior To Construction Certificate

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

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

64. Fencing All temporary fencing is to be placed within the site. If any area of road

reserve is used during the construction process a fee to be determined by Council is to be paid to Council before the issue of the occupation certificate for the use of the land.

65. Excavation. The proposed development will result in substantial excavation that

has the potential to affect the foundations of adjoining properties.

The applicant shall:- (a) seek independent advice from a Geotechnical Engineer on the impact of the

proposed excavations on the adjoining properties (b) detail what measures are to be taken to protect those properties from

undermining during construction (c) provide Council with a certificate from the engineer on the necessity and

adequacy of support for the adjoining properties. The above matters shall be completed prior to the issue of the construction certificate. All recommendations of the Geotechnical Engineer are to be carried out during the course of the excavation. The applicant must give at least seven (7) days notice to the owner and occupiers of the adjoining allotments before excavation works commence.


ITEM 4 (continued) 66. Drainage Plans. The plans and supporting calculations of the proposed drainage

system, including the on-site detention system and details addressing any overland flow from upslope properties are to be submitted with the Construction Certificate application.

Any drainage pit within a road reserve, a Council easement, or that may be placed under Councils’ control in the future, shall be constructed of caste in-situ concrete. Details shall be submitted with the Construction Certificate application.

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

shall be collected and piped by gravity flow to a suitable on-site detention system in accordance with Ryde City Council’s Stormwater Management Development Control Plan “DCP 41”. The minimum capacity of the piped drainage system shall be equivalent to the collected runoff from a 20 year average recurrence interval storm event. Overland flow paths are to be provided to convey runoff when the capacity of the piped drainage system is exceeded up to the 100 year average recurrence interval and direct this to the on-site detention system. Runoff which enters the site from upstream properties should not be redirected in a manner which adversely affects adjoining properties.

The on-site detention system shall be designed to ensure peak flow rates at any point within the downstream drainage system do not increase as a result of the development during storms from the 5 year to the 100 year average recurrence interval of all durations. Outflow from the basin shall be piped to a point of discharge in accordance with Councils Stormwater Management Development Control Plan “DCP 41”. The system is to be cleaned regularly and maintained to the satisfaction of Ryde City Council. It will also be necessary for a hydraulic grade line design of the pipe system with a detailed design of the on site detention tank to be submitted to and approved by Council in accordance with Council’s Development Control Plan 41.

68. On site stormwater detention Tank. All access grates to the on site stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 metres in depth must be fitted with step irons.

69. Soil and Water Management Plan. A Soil and Water Management Plan

(SWMP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual “Managing Urban Stormwater, Soils and Construction“ prepared by the Department of Housing. This is to be submitted to and approved by the Consent Authority prior to the release of the Construction Certificate. These devices shall be maintained during the construction works and replaced where considered necessary. Suitable erosion control management procedures are to be practiced during the construction period.


ITEM 4 (continued)

The following details are to be included in drawings accompanying the Soil and Water Management Plan: (a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill, and

regrading. (c) Location of all impervious areas (d) Location and design criteria of erosion and sediment control

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

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

areas (k) Proposed techniques for re-grassing or otherwise permanently stabilising

all disturbed ground. (l) Procedures for maintenance of erosion and sediment controls (m) Details for any staging of works (n) Details and procedures for dust control.

70. Traffic Management. Traffic management procedures and systems must be in place and practised during the construction period to ensure safety and minimise the effect on adjoining pedestrian and vehicular traffic systems. These procedures and systems must be in accordance with AS 1742.3 1985 and Council’s Development Control Plan for Construction Activities “DCP 42” A plan of traffic management is to be submitted to and approved by the Consent Authority.

Engineering Conditions to be complied with Prior to Commencement of Construction

71. Truck Shaker. A truck shaker grid with a minimum length of 6 metres must be

provided at the construction exit point. Fences are to be erected to ensure vehicles cannot bypass them. Sediment tracked onto the public roadway by vehicles leaving the subject site is to be swept up immediately.

72. Temporary Footpath Crossing. A temporary footpath crossing must be provided at the vehicular access points. It is to be 4 metres wide, made out of sections of hardwood with chamfered ends and strapped with hoop iron, and a temporary gutter crossing must be provided.


ITEM 4 (continued) 73. Sediment and Erosion Control. The applicant shall install appropriate sediment

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

74. Compliance Certificate. A Compliance Certificate must be obtained confirming

that the constructed erosion and sediment control measures comply with the construction plan and Ryde City Council’s Development Control Plan for Construction Activities “DCP 42”

Engineering Conditions to be complied with Prior to Occupation Certificate

75. Compliance Certificates – Engineering. Compliance Certificates must be

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

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

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

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

• Confirming that the site drainage system (including the on-site detention storage system) servicing the development complies with the construction plan requirements and Ryde City Council’s Stormwater Management Development Control Plan “DCP 41”

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

77. Disused Gutter Crossing. All disused gutter and footpath crossings shall be removed and the kerb and footpath reinstated to the satisfaction of Council.


ITEM 4 (continued) 78. Work-as-Executed Plan. A Work-as-Executed plan signed by a Registered

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

79. On-Site Stormwater Detention System – Marker Plate. Each on-site detention

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

80. Positive Covenant, OSD. The creation of a Positive Covenant under Section 88

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

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

constructed generally in accordance with plan 3157-C1 issue E prepared by hkma Engineers dated 11/10/04.

82. Footpath A standard Council footpath is required along the property frontages

where a path does not already exist to Councils requirements. General Health Requirements 83. Environmental Site Assessment Report – The recommendations of the Stage

2 Environmental Site Assessment Report submitted by Geotechnique Pty Ltd dated 23 March 2004 be implemented: a. The area beneath the underground tank is inspected following removal of the

tank. b. All fibro sheeting and any other products that may contain asbestos are

removed from the site by a suitably qualified contractor.


ITEM 4 (continued)

84. Remediation work – All remediation work must be carried out in accordance with

the requirements of: (a) State Environmental Planning Policy No. 55 – Remediation of Land; (b) any relevant guidelines published by the NSW Environment Protection

Authority; and (c) any council policy or development control plan relating to the remediation of

land. 85. Notice of remediation work – Before commencing any remediation work written

notice must be submitted to Council in accordance with clause 16 of State Environmental Planning Policy No. 55 – Remediation of Land.

86. Storage of garbage and recyclable materials – A separate room or area must

be provided in a convenient location on the premises for the storage of garbage and recyclable materials.

87. External garbage storage areas – Any external areas used for the storage of

garbage or recycling must be roofed and paved with concrete graded to a grated drain connected to the sewerage system. A hose cock must be provided adjacent to the garbage storage area to facilitate cleaning of the containers and storage area.

88. Access for waste collection vehicles – Safe easy access must be provided for

waste collection vehicles to service the containers. The access driveways and manoeuvring areas must be designed for maximum legal dimensions and weights and allow collection vehicles to enter and leave the premises in a forward direction. Additional clearances must be provided for overhead and side loading where appropriate.

89. Ventilation of rooms – Every habitable room, sanitary compartment or other

room occupied by a person for any purpose must be provided with adequate natural ventilation or an approved system of mechanical ventilation.

90. Ventilation of carpark – The basement carpark must be provided with an

adequate system of permanent natural ventilation or an approved system of mechanical ventilation.

91. Fresh air intake vents – All fresh air intake vents must be located in a position

that is free from contamination and at least 6 metres from any exhaust air discharge vent or cooling tower discharge.

92. Exhaust air discharge vents – All exhaust air discharge vents must be designed

and located so that no nuisance or danger to health will be created.


ITEM 4 (continued) 93. Carpark exhaust vent – The carpark exhaust vent must be located at least 3

metres above ground level or any pedestrian thoroughfare and at least 6 metres from any fresh air intake vent, natural ventilation opening or neighbouring property boundary.

94. Plumbing and drainage work – All plumbing and drainage work must be carried

out in accordance with the requirements of Sydney Water Corporation by an appropriately licensed contractor.

95. Separate approvals for food premises – A separate development application

must be submitted to Council to fit-out any proposed food premises. 96. Construction and fit-out of food premises – The construction and fitout of any

new food premises must comply with the requirements of: (a) Food Safety Standard 3.2.3 Food Premises and Equipment; and (b) Australian Standard AS 4674-2004 Design, construction and fit-out of food

premises. 97. Storage of dangerous goods – The storage of dangerous goods must comply

with the requirements of the Dangerous Goods Act 1975 and Dangerous Goods (General) Regulation 1999.

Before Issue of Construction Certificate 98. Council may require site audit of validation report – If requested by Council, a

site audit statement and a site audit summary report from an accredited site auditor under the Contaminated Land Management Act 1997 must be submitted to Council verifying the information contained in the site validation report.

99. Garbage storage details – Details of any proposed garbage rooms or storage

areas must be submitted to Council or an accredited private certifier for approval with the application for the Construction Certificate. Such details must include: (a) the specifications and layout of all proposed waste containers and equipment;

and (b) the access to the collection point.

100. Collection vehicle access details – Details of all driveways and manoeuvring

areas for waste collection vehicles must be submitted to Council or an accredited private certifier for approval with the application for the Construction Certificate. Such details must include: (a) vehicle turning circles and swept paths; and (b) overhead and side clearances (where appropriate).


ITEM 4 (continued) 101. Mechanical ventilation details – Details of all proposed mechanical ventilation

systems, and alterations to any existing systems, must be submitted to Council or an accredited private certifier for approval with the application for the Construction Certificate. Such details must include: (a) Certified plans of the proposed work, with any alterations coloured to

distinguish between new and existing work; (b) A site survey plan showing the location of any proposed cooling towers, air

intakes and exhaust outlets on the site, and any existing cooling towers, air intakes, exhaust outlets and natural ventilation openings adjacent to the proposed new installation;

(c) A completed Mechanical Services Design Certificate (Form M1), together with a copy of the certifier’s curriculum vitae; and

(d) Documentary evidence in support of any departures from the deemed-to-satisfy provisions of the Building Code of Australia.

102. Acoustical consultant’s report – A report from a qualified acoustical

consultant detailing the measures required to comply with the relevant noise and vibration criteria must be submitted to Council or an accredited private certifier with the application for the Construction Certificate. The report to include the curriculum vitae of the author.

Before Work Commences 103. Council to be notified in writing before work commences – The applicant

must notify Council of the following particulars in writing at least seven (7) days before demolition work commences: (a) the name, address, telephone contact details and licence number of the

person responsible for carrying out the work; and (b) the date the work is due to commence and the expected completion date.

104. Notification of neighbouring residents – At least seven (7) days before

demolition work commences the applicant must notify the occupiers of all neighbouring premises within a distance of 200 metres from the site of the date the work is due to commence by placing a written notice in the letter box of each premises.

During Demolition and Building Work 105. Hoardings – Where the site adjoins a public thoroughfare the common

boundary must be fenced with a hoarding, unless the horizontal distance between the boundary and the structure being demolished is more than twice the height of the structure. All hoardings must be constructed of solid materials and be at least 1.8 metres high.


ITEM 4 (continued) 106. Overhead protection – Where the site adjoins a public thoroughfare with a

footpath alongside the common boundary, the footpath must be provided with overhead protection in accordance with the requirements of Australian Standard AS 2601-1991 The Demolition of Structures, unless: (a) the vertical height of the structure being demolished is less than 4 metres

above the footpath; or (b) the horizontal distance between the boundary and the structure being

demolished is more than half the height of the structure. 107. Warning notices – Notices lettered in accordance with Australian Standard AS

1319-1994 Safety Signs for the Occupational Environment and displaying the words ‘DANGER! DEMOLITION WORK IN PROGRESS’ must be fixed to the security fencing/hoardings at appropriate intervals to warn the public.

108. Additional warning notices in relation to asbestos – Where the work

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

109. Protection of underground services – Before work commences the location

of any underground services (eg. Gas, water, electricity, telecommunications cables, etc.) must be identified and appropriate measures taken to protect those services.

110. Demolition work – All demolition work must be carried out in accordance with

the requirements of Australian Standard AS 2601-1991 The Demolition of Structures.

111. Licenced contractor to carry out work – All demolition work must be carried

out by an appropriately licensed contractor. 112. Asbestos work – All work involving asbestos products and materials, including

asbestos-cement sheeting (ie. Fibro), must be carried out in accordance with the guidelines for asbestos work published by WorkCover New South Wales.


ITEM 4 (continued) 113. Dust control – Appropriate measures must be taken to control the generation

of dust during demolition work: (a) Any existing accumulations of dust (eg. In ceiling voids and wall cavities)

must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter.

(b) Any materials that are likely to generate dust during demolition or removal must be wetted down and any dust created must be suppressed by means of a fine water spray. Water used for dust suppression must not be allowed to enter the street or stormwater system.

(c) All stockpiles of materials that are likely to generate dust must be kept damp or covered.

(d) Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site.

114. Noise – Noise must be minimised by the selection of appropriate methods and

equipment and the use of screening or barriers where practical. 115. Noise monitoring – Noise monitoring must be carried out by a qualified

acoustical consultant if complaints are received, or if directed by Council, and any control measures recommended by the acoustical consultant must be implemented during the demolition work.

116. Excavation and backfilling – All excavation and backfilling associated with the

demolition work must be carried out in a safe manner. 117. Demolition wastes – All demolition wastes must be stored in an

environmentally acceptable manner and be removed from the site at such intervals as may be necessary to ensure that no nuisance or danger to health, safety or the environment is created.

118. Recyclable wastes – All wastes nominated for recycling or re-use in the

approved waste management plan must be segregated from other wastes and be transported to a place or facility where they will be recycled or re-used.

119. Storage of asbestos wastes – All asbestos wastes must be segregated from

other wastes and stored in a secure area in accordance with the following requirements: (a) All asbestos fibre or dust waste must be sealed in heavy duty polythene

bags labelled ‘CAUTION ASBESTOS’ and stored in a leak-proof waste container, which is labelled ‘DANGER – ASBESTOS WASTE ONLY – AVOID CREATING DUST’ and sealed with a close-fitting cover to prevent any spillage or dispersal of the waste.

(b) All bonded asbestos waste (eg. Fibro) must be dampened with water and wrapped in heavy duty plastic and sealed with tape to prevent any emission of dust.


ITEM 4 (continued) 120. Contaminated soil – All potentially contaminated soil excavated during

demolition work must be stockpiled in a secure area and be assessed and classified in accordance with the Environmental Guidelines: Assessment, Classification & Management of Liquid & Non-Liquid Wastes (EPA, 1999) before being transported from the site.

121. Demolition wastes not to be placed on public roads, etc. – Demolition

wastes must not be placed on public roads, footpaths or reserves, or be allowed to enter any street gutter, stormwater drain or waterway.

122. Burning of demolition waste – The burning of demolition waste is prohibited

under the Protection of the Environment (Control of Burning) Regulation 2000. 123. Transportation of wastes – All wastes must be transported in an

environmentally safe manner to a facility or place that can lawfully be used as a waste facility for those wastes. Copies of the disposal dockets must be kept by the applicant for at least 3 years and be submitted to Council on request.

124. Disposal of asbestos wastes – All asbestos wastes, including used asbestos-

cement sheeting (ie. Fibro), must be disposed of at a landfill facility licensed by the New South Wales Environment Protection Authority to receive asbestos waste.

125. Surplus excavated material – All surplus excavated material must be disposed

of at a licensed landfill facility, unless Council approves an alternative disposal site.

126. Covering of loads – All vehicles transporting demolition materials from the site

must have their loads covered. 127. Mud and debris from vehicles – All practicable measures must be taken to

ensure that vehicles leaving the site do not deposit mud or debris on the road. 128. Removal of mud and debris from roadway – Any mud or debris deposited on

the road must be cleaned up immediately in a manner that does not pollute waters (ie. By sweeping or vacuuming).

129. Discovery of Additional Information – Council and the Principal Certifying

Authority (if Council is not the Principal Certifying Authority) must be notified as soon as practicable if any information is discovered during demolition or construction work that has the potential to alter previous conclusions about site contamination.


ITEM 4 (continued) Before Occupation 130. Connection to sewer – The premises must be connected to the sewerage

system by gravity flow and documentary evidence of compliance must be submitted to the Principal Certifying Authority before the issue of an Occupation Certificate.

131. Certification of mechanical ventilation work – A Mechanical Services

Completion and Performance Certificate (Form M2) must be submitted to the Principal Certifying Authority on completion and commissioning of all mechanical ventilation work approved under this consent and before the issue of an Occupation Certificate.

132. Provision of Garbage Services – Arrangements must be made with Council’s

Waste Services Officer for the provision of garbage services to the premises before occupation.

Operational Requirements 133. Storage and disposal of wastes – All wastes generated on the premises must

be stored and disposed of in an environmentally acceptable manner. 134. Waste containers – An adequate number of suitable waste containers must be

kept on the premises for the storage of garbage and trade waste. 135. Maintenance of waste storage areas – All waste storage areas must be

maintained in a clean and tidy condition at all times. 136. Trade waste permit – The applicant must contact the Wastewater Source

Control Branch of Sydney Water Corporation on Tel. 13 11 10 to determine whether a Trade Waste Permit is required before discharging any trade wastewater to the sewerage system.

137. Air pollution – The use of the premises, including any plant or equipment

installed on the premises, must not cause the emission of smoke, soot, dust, solid particles, gases, fumes, vapours, mists, odours or other air impurities that are a nuisance or danger to health.

138. Offensive noise – The use of the premises (including all plant and equipment

and vehicles entering and leaving the premises) must not cause the emission of ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

139. Council may require acoustical consultant’s report – Council may require

the submission of a report from an appropriately qualified acoustical consultant demonstrating compliance with the relevant noise and vibration criteria.


ITEM 4 (continued) 140. Clean water only to stormwater system – Only clean unpolluted water is

permitted to enter Council’s stormwater drainage system. 141. Operation and maintenance of plant and equipment – The occupier must

ensure that all plant and equipment installed on the premises is: (a) maintained in a proper and efficient condition; and (b) operated in a proper and efficient manner.

142. Development consent has not been granted for the strata subdivision of the

proposed development. It will be necessary to submit a new development application for the strata subdivision.

143. No objection is raised to the removal of the existing trees in the footpath on

Osgathorpe Road. These trees are to be replaced with 4 Eucalyptus species being either Eucalyptus sideroxylon, Lophostemon confertus or Fraxinus ‘raywoodii’. At the time of planting these trees are to achieve a minimum height of 1.5 metres. Details of the location of the trees are to be shown on the Construction Certificate plans. The trees are to be planted prior to the occupation of the building.

144. All ariel servives including power and communications, fronting the site are to be

placed underground prior to the occupation of the development. 145. Street trees are to be provided at 20 metre intervals along the street frontages of

the site. The type of trees and the size of the trees are to be in accordance with the requirements of the Council’s Urban Landscapes Department. These trees are to be established prior to the occupation of the development.

ADVISORY CONDITIONS 1. Compliance with Building Code of Australia

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

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

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


ITEM 4 (continued)

2. Excavations and backfilling

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

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

3. Retaining walls and drainage

If the soil conditions require it:

a) retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided, and

b) adequate provision must be made for drainage 4. Support for neighbouring buildings

If the soil conditions require it:

1) If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of and, the person causing the excavation to be made: a) must preserve and protect the building from damage, and b) if necessary, must underpin and support the building in an

approved manner, and c) must, at least 7 days before excavating below the level of the

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

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

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


ITEM 4 (continued) 5. Protection of Public Places 1) If the work involved in the erection or demolition of a building:

a) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or

b) building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

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

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

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

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

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

i) A Construction Certificate is to be obtained in accordance with Section 81A

(2)(a) of the Act. ii) A Principal Certifying Authority is to be appointed and Council is to be notified

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

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

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

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

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

(b) That the persons who made submissions be advised of the decision. Liz Coad Sandra Bailey Manager Assessment Consultant Planner Environment & Planning Sue Weatherley Group Manager Environment and Planning


ITEM 4 (continued)

Indicates submissions received Submission also received from Hunters Hill Council Other submissions received outside map area

COPYRIGHT

© 2005 City of Ryde.© 2005 Land and Property Information NSW.

ALL RIGHTS RESERVED

No part of this map may be reproduced without written permission.

City of Ryde

Development Application1050/2004

Civic Centre, 1 Devlin StreetRYDE NSW 2112

Locked Bag 2069NORTH RYDE NSW 1670

Tel: 9952 8222 Fax: 9952 8070

E-mail: [email protected]: www.ryde.nsw.gov.au

51

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100

Scale: 1:1700 approx.

Date: 30/11/2005

Site

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ITEM 4 (continued)


ITEM 4 (continued)


ITEM 4 (continued)


ITEM 4 (continued)


ITEM 5 RYDE REHABILITATION CENTRE: 600 – 640 Victoria Road Ryde, 59 Charles Street Ryde, and 227 Morrison Road Ryde (Lot 1010 DP 836975), Listed as State Significant Site under Schedule 3 of State Environmental Planning Policy (Major Projects) 2005 File No. P711.600 The Manager Strategic Planning and Client Management reports 1 December 2005: Report Summary This report provides an update on the Department of Planning’s consideration of the Council’s submission on a Concept Plan for the Royal Ryde Rehabilitation Centre. Site Plan is ATTACHED. Background On 13 October 2005, Council considered a report regarding the proposed redevelopment of the Ryde Rehabilitation Centre site in Ryde. The report identified concerns raised by Council staff about the proposal and included submissions received by the Department of Planning (DoP) and copied to Council. A submission was made to the DoP based on the issues raised in the report of 13 October 2005 and a copy of this submission has been posted on Council’s website. In considering this report the Council resolved:- (a) That the report of the Manager - Urban Planning dated 13 October 2005 on the proposed Concept Plan for the Ryde Rehabilitation Centre be

received and noted. (b) That the issues raised in the report of the Manager - Urban Planning dated 13

October 2005 together with a report on traffic management issues, form the basis of the City of Ryde’s submission to the Department of Planning on the Concept Plan for the development of the site for 600 – 640 Victoria Road, 59 Charles Street and 227 Morrison Road, Ryde.

(c) That the Group Manager Environment & Planning or her nominee work with the officers of the Department of Planning to ensure that the issues raised by the Council are incorporated into a new Concept Plan for notification to the Community.

(d) That the petition comprising 927 signatures submitted by Mr Rolf Clapham, Concerned Residents for Traffic Control entitled “Petition to Oppose the Gross Over Development of the Royal Rehabilitation Centre Sydney Site” be received and noted.


ITEM 5 (continued) (e) That no indication be given in Council’s submission to the Department of

Planning or any other communication, that Council in any way supports the institutionalisation of people with disabilities. (f) That Council’s web-site include a copy of Council’s submission to the Department of Planning and information which clarifies the ownership of the Ryde Rehabilitation site and any further information which may be required in the future to clarify any public misconceptions about this issue.

On 23 November 2005 the General Manager, the Group Manager Environment and Planning and other Council staff met with the Department of Planning to discuss the issues raised in Council’s submission. The meeting was also convened to discuss Council’s future involvement in the process and the key issues that need to be considered in assessing proposals for the site. Report The Department advised that they had met with the proponent on several occasions and advised them that the issues raised by Council and the community will need to be resolved for the proposal to proceed. The preferred actions indicated by Council Officers at the meeting of 23 November 2005 are to include:-

• The DoP to provide comprehensive feedback to the objections and issues raised.

• The DoP to arrange a series of meetings or a charrette to guide a better concept outcome for the site.

• The DoP to review the conclusions of the base reports, as anomalies exist between the report conclusions and the concept plans provided.

• Clarification to be given regarding the ownership and ongoing maintenance of internal infrastructure such as roadways, footpaths and drainage networks.

Management Plan Linkages The proposed concept plan and development of the site has been listed for consideration under Schedule 3 of State Environmental Planning Policy (Major Projects), the State Policy has no relationship or linkages with the Management Plan. The proposed concept plan has no direct relationship with the key outcome area of the Management Plan.


ITEM 5 (continued) Relationship to Key Outcome Areas Assets If the site is developed in accordance with the concept plan that has been exhibited many of the outcomes of this area are likely to be compromised including: -

• Environmentally friendly infrastructure services that contribute to the life style of the community.

• Well planned, safe and maintained public places and spaces. • New buildings that are functional, attractive and designed to minimise their

impact on the environment • Storm water infrastructure that is maintained and designed to enhance public

safety and amenity. Environment The concept plan as exhibited does not directly relate to the key outcomes for Environment. However if the site is developed in the form exhibited it will have a direct relationship to the following key outcome areas: -

• A concern that the social and economic outcomes of the development will have an impact on the environment and the community.

• A concern that the development will not adequately protect and enhance the natural areas, ecological systems and bio diversity on the site.

• The development will not protect and conserve the heritage elements of the site and its links to the past.

• The development will not promote well-designed streets or places/ spaces that integrate with the surrounding area.

Governance The creation of this site as a State Significant Development results in Council no longer being the consent authority for this proposal. This process has comprised the key outcome areas for Governance, as Council is unable to ensure a best approach to promote community awareness of the development and the decision making process. People The development concept for the site does not directly related to the key outcomes for People. However if the site is developed in accordance with the Concept Plan (as exhibited), it will compromise the key outcome areas relating to the provision of services and facilities that provide for social, cultural, recreational and environmental needs of the community. Policy Implications The proposal is subject to the provisions of the State Environmental Planning Policy (Major Projects) 2005. The next steps of the process will involve the Department securing a Statement of Commitment from the proponent once the issues raised by both Council and residents have been resolved.


ITEM 5 (continued) Critical Dates A meeting between the General Manager, Group Manager Environment and Planning and other Council staff and both the Department of Planning and representatives of the Ryde Rehabilitation Centre is scheduled for 2 December 2005. The primary aim of this meeting is to progress the issues associated with redevelopment of the site towards an agreeable solution. Financial Impact Adoption of the option(s) outlined in this report will have no specific financial impact. Other Options Not applicable RECOMMENDATION: That the report of the Manager Strategic Planning and Client Management dated 1 December 2005 concerning the status of the proposed concept plan for the Ryde Rehabilitation Site be received and noted. Trish Smith Glenn Ford Client Manager Manager Strategic Planning Urban Planning Unit and Client Management Urban Planning Unit


ITEM 5 (continued)


ITEM 6 NORTHERN SYDNEY REGIONAL ORGANISATION OF COUNCILS (NSROC) – Annual Conference, 20 October 2005 File No S11700 The Group Manager – Corporate Services reports 28 November 2005: Report Summary This report provides Council with the outcomes of the NSROC Annual Conference held at Lane Cove on 20 October 2005. Background NSROC held its Annual Conference at Lane Cove on 20 October 2005. The City of Ryde was well represented by seven (7) Councillors and two (2) Group Managers. Report The NSROC held its Annual Conference at the Mandalay Reception Centre at Lane Cove on 20 October 2005 as an opportunity to review its Regional Planning Strategy and also to review regional Motions from member Councils that were being submitted to the Local Government Association Conference at Mudgee from 22 October 2005 to 26 October 2005. The Conference covered the following items: – Conference Opening – President NSROC, Clr Pat O’Reilly, Mayor, Willoughby

Council – Keynote Address – LGA President, Clr Gerin McCaffery, Mayor, North Sydney

Council – NSROC Regional Planning Strategy – Mr Greg Woodhams, Environmental

Services Director, Willoughby Council – Consideration of Motions from NSROC Councils for LGA Conference – Launch of NSROC Community Profile and Environmental, Social and Economic

Reports - Dominic Johnson, Executive Director, NSROC – Conference Closing – The Hon. Dr Brendan Nelson, Minister for Science

Education and Training – Final Remark – Clr Pat O’Reilly, President NSROC – Conference Dinner A copy of the Record of Proceedings at the Conference has been CIRCULATED UNDER SEPARATE COVER. The Conference was successful and proved very beneficial for Delegates attending the LGA Conference to enable support for the NSROC endorsed Motions from member Councils. The only motion not supported at the Conference was in respect of the Abolition of State Land Tax submitted by Lane Cove Council.


ITEM 6 (continued) The Conference also received and endorsed presentations and reports on the NSROC Regional Planning Strategy and the NSRO Community Profile and Environmental, Social and Economic Reports. The Conference also moved to survey member Councils in providing feedback for future conferences and that the Annual Conference be held in the same month as the Annual LGA Conference. Management Plan Linkages While not specifically referred to in the Management Plan 2005-2008, the City of Ryde is an active member of NSROC which is an effective forum on key issues relating to the region and generally to the Local Government industry. Relationship to Key Outcome Areas Assets This matter has no direct relationship to this key outcome area. Environment This matter generally supports all key outcomes for Environment (set out on Pages 35-36 of the Management Plan 2005-2008) detailed in NSROC’s Environmental Report including the regional State of the Environment Report. Governance While this matter has no direct relationship to this key outcome area, through initiatives and co-operation between NSROC, various benefits of being a member of NSROC are realised by the City of Ryde. People This matter generally supports all key outcomes for People through various initiatives taken by NSROC and as outlined in their Community Profile and Social and Economic Reports. Consultation – Internal and External Council business units consulted included: Nil External public consultation included: NSROC Member Councils Policy Implications There are no policy implications through adoption of the recommendation. Critical Dates Not applicable Financial Impact Adoption of the option(s) outlined in this report will have no financial impact.


ITEM 6 (continued) Other Options Not applicable RECOMMENDATION: That the report from the Group Manager – Corporate Services on the NSROC Annual Conference held at Lane Cove on 20 October 2005 be received and noted. Roy Newsome Group Manager Corporate Services


ITEM 7 MOTOR VEHICLE POLICY & TENDER PROCESS FOR PROVISION OF VEHICLES File No. S1060/03 The Co-ordinator – Plant & Fleet Management reports -25 November 2005: Report Summary To request that Council endorse a new Draft Motor Vehicle Policy and ratify the calling of tenders from motor vehicle dealers for a “ guaranteed buy back “ arrangement for the supply and disposal of motor vehicles. Background Council’s present Motor Vehicle Buy Back Agreement was signed in July 2001. This Agreement, with Hunter Holden at Ryde expires in June 2006. The existing Agreement is for 6-cylinder sedans or wagons only. It is therefore an opportune time to review Council’s motor vehicle policy prior to going out again to tender for the provision of vehicles. Report The draft motor vehicle policy has the following objectives: (1) Provide specific number and type of motor vehicles to staff for the purpose of

delivering a certain level of service set by Council and the General Manager, to the City of Ryde Community. This objective will establish the total number and type of cars for the Council and takes precedent over all other objectives. These vehicles should be available in the car pool during COR’s core business hours 8.30am to 4.45pm Monday to Friday unless otherwise provided an agreement with the City of Ryde.

(2) To demonstrate environmental leadership while minimising the financial impact

on the organisation. (3) To allocate vehicles to nominated positions based on job specific requirements

or to attract and retain high quality staff. (4) To provide a potential work related incentive for specific employees but clearly

limited by the number and types of vehicles Council has available and the signing of Councils agreement for private use of a Council vehicle.

A copy of the policy was delivered to Councillors on 25 November 2005. At present the staff are offered only one type of vehicle, Holden Commodore Acclaim as lease back vehicle. The proposed Draft Motor Vehicle Policy encourages the use of smaller and also environmentally friendly Hybrid model vehicles through lower lease back rates.


ITEM 7 (continued) Broad terms of proposed tender It is proposed that Council is to enter into a guaranteed buy back agreement with supplier/ suppliers for purchase and disposal of vehicles. Tenders will be called in early February 2006, with a report on the tenders received being submitted to Council in April 2006. The tender will cover for six (6) categories of vehicles, under the NSW State Government contract: (1) Large cars (2) Medium cars (3) Small cars (4) Hybrid cars (5) Large light commercials (6) Medium light commercials Successful tenderer’s will: (1) Supply vehicles at a specified turnover period, which will be selected by the

Council after considering the tenders. (2) Repurchase the vehicle at the end of specified turnover period at the

guaranteed percentage of the original supply price as invoiced for the vehicle. (3) Service the vehicle as per manufacturer’s specifications and perform all

warranty work. (4) Deliver the vehicle to Council’s premises, as required. (5) Register the vehicle, including “green slip” insurance using an insurance

company agreed by the Council. Management Plan Budget / Linkages Vehicles are provided to enable staff to undertake duties and provide Council services. The costs of vehicle provision are indicated on Page 69 of the Management Plan. Relationship to Key Outcome Areas Assets Vehicles are owned by Council. The draft motor vehicle policy and lease back agreement will ensure staff look after the vehicles. Environment By allowing staff to use smaller vehicles, this project will help meet the Global environmental impact to reduce air pollution and green house gas emissions by motor vehicles.


ITEM 7 (continued) Governance An open tender process, with probity and best financial deal for Council. People This matter has no direct relationship to this key outcome area. Consultation – Internal and External Internal: The draft policy has undergone extensive staff consultation to establish

as fair and equitable a system as possible. There are some aspects of the draft policy and agreements, which are not fully agreed with by all staff.

External: Government fleet auctioneers and Car dealers were consulted in

obtaining current second hand vehicle prices to determine the relativity in lease rates.

Policy Implications The adoption of the recommendation changes the current policy of motor vehicles. Critical Dates The following deadlines are proposed: February 2006 - Call for Tender March 2006 - Tender assessment April 2006 - Report to Council / Award tender July 2006 - Commencement date of new contract. Financial Impact This will not have a direct impact on 2005/06 budget. However it may have a financial impact on future budgets if a particular category of vehicle is purchased. For example purchasing 100% Hybrid cars will have a $650,000.00 increase in vehicle purchase budget for the first year. Having a mixed fleet will have no financial impact on future budgets. Other Options Option 1-Extend the present buy back agreement with Hunter Holden Ryde Hunter Holden expressed their unwillingness to extend the agreement due to the fall in the second hand car market. Option 2 – Buy vehicles under Government Contract price and trade in or Auction A survey done among the Auctions and car dealers indicates that the turnover cost will be high and will be very difficult to budget.


ITEM 7 (continued) RECOMMENDATION: (a) That the report of the Coordinator – Plant and Fleet Management dated 25

November 2005 concerning the Motor Vehicle Policy and Tender Process for provision of vehicles, be received and noted.

(b) That the draft Motor Vehicle Policy be endorsed. (c) That Council call tenders for a guaranteed Buy Back price arrangement with

selected vehicle dealer/ dealers for the supply of vehicles. Paul Chandrakumar Kim Woodbury Coordinator – Plant & Fleet Management Group Manager Public Works


ITEM 8 CATCHMENT MANAGEMENT – Strategic Review: November 2005 File No. S7244 The Senior Drainage Engineer – Public Works reports on 29 November 2005: Report Summary This report presents a catchment management strategic review for the City of Ryde. The Catchment Management Strategic Review (November 2005) is CIRCULATED UNDER SEPARATE COVER and: • Describes the characteristics of the stormwater catchments and assets of the City of

Ryde; • Outlines historical flood events that have affected the City; • Summarises the stormwater, floodplain and asset management plans and

investigations that have guided the City to date; • Outlines the contribution to the community and the environment of past stormwater

capital works projects; • Identifies future directions for the management of stormwater catchments; and • Develops a catchment action plan that contains a greater emphasis on future

stormwater harvesting & reuse and water quality improvement projects amongst other things.

It is recommended that the strategic review be the subject of consideration when preparing budget allocations for future Management Plans. Background Council, at its meeting of 13 September 2005 when dealing with a report relating to adjustments to the Stormwater Capital Works Program, resolved that a further report be submitted in regard to a review of the programming in the short and mid-term of stormwater projects. This report and the strategic review are provided in response to that decision. Report The Catchment Management Strategic Review (November 2005) outlines the City’s strategic approach to catchment management, and develops a catchment action plan based on the following four key components: • Water sensitive urban design projects, which are aimed at achieving a more

sustainable approach to urban water management through stormwater harvesting & reuse projects and other initiatives.


ITEM 8 (continued) • Stormwater management plans, which are aimed at improving stormwater quality

by integrating and implementing existing stormwater management plan recommendations and actions.

• Floodplain risk management plans, which are aimed at managing risk to existing and future development through the establishment of an integrated set of policy provisions, management plans and capital works projects.

• Asset and waterway management plans, which are aimed at providing a vehicle by which Council can establish and implement a long-term management framework for its stormwater assets.

In developing a catchment action plan for the City, sustainable water sensitive practices have been reviewed and incorporated wherever possible, while existing stormwater management plans, floodplain management plans and asset management plans have also been collated and reviewed. Further detail is provided in the Catchment Management Strategic Review (November 2005). Management Plan Budget / Linkages Some of the projects identified in the discussion paper are included in the current Management Plan, while others will be the subject of deliberation in future Management Plans. Relationship to Key Outcome Areas Council continues to work towards a number of already identified broad strategic outcome areas. A number of objectives sit below these outcomes areas. Those outcomes of direct relevance to catchment management are summarised below. Assets This project meets the following key outcomes for Assets (set out on page 27 of the Management Plan 2005-2008):

• Stormwater infrastructure that is well maintained and designed to enhance public safety.

• High quality, environmentally friendly infrastructure services which meet all Australian Standards and contribute to the lifestyle of the community.

• Well planned, safe and maintained public places and spaces throughout the City.

The discussion paper seeks to ensure the stormwater assets of the City continue to meet these key outcomes by further developing and implementing best practice risk and asset management strategies.


ITEM 8 (continued) Environment This project meets the following key outcomes for Environment (set out on pages 35-36 of the Management Plan 2005-2008): • Social and economic needs are met in a way that does not harm the environment. • Energy and water consumption is minimised. • Biodiversity is protected and enhanced. • There is a diverse aquatic life in our waterways. • There is a variety of life in our natural areas • Natural areas are not weed infested. • Preserved natural areas which are enhanced and maintained. The discussion paper outlines various projects aimed at achieving sustainable water practises, improving the quality of stormwater in the City’s creeks and watercourses, and at restoring riparian corridors (the banks of creeks). Governance This project meets the following key outcomes for Governance (set out on page 47-48 of the Management Plan 2005-2008): • Improved communication with the community and increased awareness and

understanding of council’s decisions by the community. • Incorporation of best practice approaches in the delivery of services to the

community and within the organisation. • Compliance with all legislative requirements and statutory obligations The discussion paper outlines an approach to catchment management that ensures community participation, meets current best practice guidelines and complies with State Government policy. People This project meets the following key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008): • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. • Services are delivered and facilities provided for social, cultural, recreational and


community are positively and proactively influenced. The discussion paper outlines an approach to catchment management that seeks to resolve flooding issues through community participation, highlights the level of community participation previously undertaken in developing stormwater quality recommendations and proposes a framework to ensure stormwater service levels are continuously improved.


ITEM 8 (continued) Consultation – Internal and External Council business units consulted included the Environmental Planning Group. External public consultation included: Many of the projects included in the discussion paper include extensive community consultation and public exhibition, such as the floodplain risk management program. Furthermore, extensive community consultation was undertaken in developing the recommendations of the stormwater management plan. Policy Implications Relevant legislation and policies have been detailed in the discussion paper. These serve to guide the Council in the discharge of it duties as a catchment manager. There are no Council policy implications in adopting the recommendations contained in this report. Critical Dates While there are no critical dates at this time, implementing sustainable water practices, improving the City’s stormwater quality, and resolving flooding issues in a timely manner are important factors in continuing the sustainable development of the City. Financial Impact Adoption of the recommendations outlined in this report will have no direct financial impact, however the discussion paper contains a number of recommended projects that would have a financial impact through budget allocations and external grant funding, should Council wish to fund them. Other Options The Public Facilities and Services Committee may: (a) Endorse the recommendations of this report without change; (b) Endorse the recommendations of this report with amendments; or (c) Reject the recommendations of this report. It is considered, however, that the core recommendation of this report seeking Council’s consideration of the strategic review when preparing future Management Plans provides a sustainable decision-making framework to manage the City’s stormwater catchment areas. RECOMMENDATION: (a) That the catchment management report of the Senior Drainage Engineer dated

29 November 2005 and the Catchment Management Strategic Review (November 2005) be received and noted.


ITEM 8 (continued) (b) That the Catchment Management Strategic Review be the subject of

consideration when preparing budget allocations for future Management Plans. Matthew Lewis Kim Woodbury Senior Drainage Engineer Group Manager Public Works Public Works Greg Hunt Manager Stormwater


ITEM 9 CITY OF RYDE ENERGY AND WATER SAVING INITIATIVES – Status Report File Nos. S12302, S12303, S12305, S12306 & S12065 The Sustainability Engineer reports 28 November 2005: Report Summary This report highlights the various energy and water saving initiatives undertaken by the City of Ryde over the past 18 months. Background The City’s Management Plan 2004-07 has provided the basis upon which the various initiatives being highlighted in this report have been taken. These include continuing progress through sustainability programs such as Every Drop Counts and Cities for Climate Protection (CCP), submission of applications including Community Water Grants and Energy and Water Saving Savings Fund applications, and various energy and water savings initiatives at the Civic Centre Complex, RALC, West Ryde Library, the Argyle Centre and in Parks. Report Energy Saving Initiatives Cities for Climate Protection (CCP Program) Council is committed to reducing local greenhouse emissions, both from a corporate and community sector and, to this end, has joined this program to achieve five milestones which are:-

1. To develop an inventory of corporate and community emissions 2. To set greenhouse gas reduction targets 3. To develop a local action plan for reducing greenhouse gas emissions 4. To implement the local action plan 5. To evaluate the implementation of the local action plan.

Given the complexity and level of detail associated with this program, a separate report has been prepared for tonight’s Committee of the Whole and appears as Item 10 in the order of business. Energy Savings Plans As required by a savings order issued by the Minister for Utilities under the Energy Administration Amendment (Water and Energy Savings) Act 2005, the City of Ryde must prepare an Energy Savings Action Plan and submit this to DEUS by the 30 September 2006.The City of Ryde is on time to deliver this plan.


ITEM 9 (continued) Because of the City of Ryde's involvement in the Cities for Climate Protection program some elements of the action plans are already substantially developed such as establishing an inventory of energy usage. The main difficulty in preparing the energy savings plans will in undertaking technical reviews of properties as it will be necessary to engage a suitably qualified consultant either to undertake energy audits at each property individually or as part of an Energy Performance Contract. This will be explored early next year. Sustainability Audit of the Civic Centre, Civic Library and Civic Hall Consultants Energy Conservation Systems undertook a Sustainability Audit of the Civic Centre Complex in September 2005. This audit recommended various energy and water conservation measures, which could be implemented in order to save approximately 300 tonnes of CO2 and over 3000kL of water per year. Energy Saving Initiatives with short to medium term payback periods included reduced heating/air conditioning and lighting operation hours, installation of domestic hot water heat pumps, installation of time switches for ZIP hot water systems, installation of a automated building management system, various lighting controls and changes to light fittings, power factor correction. Energy Saving Initiatives with long tem payback periods included a demonstration sized photovoltaic system, installation of variable air volume air distribution system and a new water-cooled screw chiller. Water Saving Initiatives included flow restrictors on taps, waterless urinals, dual flush toilets and smart metering. With the exception of flow restrictors most of these items have a medium payback period. From this audit, some items with a short payback period have already been undertaken or are about to be undertaken. For example standard six 18W fluorescent lamp fittings have been replaced with four 18W triphoshor lamps in each fitting throughout the Civic Centre building, saving over 12 tonnes of CO2 per year. Items with a medium-long payback period from the Sustainability Audit were included in an Energy Savings Fund application combining various energy saving initiatives at the Civic Centre and RALC. This is addressed in more detail below. Energy Savings Fund Application The Energy Savings Fund administered by the NSW Department of Energy Utilities and Sustainability (DEUS) invited applications for various projects which could demonstrate an ability to meet various selection criteria including an ability to save over 5000 megawatt hours of electricity or reduce peak hour electricity demand by more than 500KW over a ten year period. The first round of funding applications closed on the 31st of October 2005 and future funding rounds are expected approximately every three months with the next funding round expected in March 2006.


ITEM 9 (continued) For the initial round of the Energy Savings Fund, an application was submitted by Council for various energy savings initiatives at the Civic Centre and also at the RALC. Together these properties use a total 4915 MWh of electricity and 4230 MWh equivalent of natural gas per year. Energy Savings Initiatives proposed for the Civic Centre mostly corresponded to the medium to long term payback periods projects identified in the Civic Centre Sustainability Audit described above. For the RALC, energy savings initiatives proposed included installing a solar hot water system and automatic pool heat blanket for the main competition pool. These projects were estimated to save over 7700 MWh of electricity and 35393 MWh equivalent of natural gas over a ten year period. $821480 funding was requested from DEUS for 2005/06 and 2006/07 financial years. Successful applications will be announced by DEUS in December 2005 and if Council was successful a funding agreement would need to be signed within a month and projects would need to be fully implemented within three years of initially receiving funding. Consideration will be given in the next round of grant funding in March 2006 for opportunities to effect street and park lighting improvements. In this regard, Council is a member of the Street-Lighting Improvement Program and further negotiations with Energy Australia will be undertaken to pursue more efficient lamps and fittings. Other Energy Saving Initiatives recently undertaken These include:-

The Ryde Civic Centre and Library’s energy supply was converted to 10% greenpower in July 2004, saving over 114 tonnes of CO2 a year. Ryde City Council converted approximately 120 computer screens in 2004/05

from CRT to the more energy efficient LC screens, saving over 6 tonnes of CO2 per year. Wilga Park, Elouera Reserve, Banjo Paterson Park and Shepherds Bay Park

have had solar lights installed saving over 1 tonnes of CO2 per year. The upgrade of the West Ryde Library used energy efficient LED lights in

place of Neon Lights saving over 70% energy compared to Neon lights. Reducing the hours of operation of the air conditioning system and restricting

the use of air conditioning on Level 6 when not in use Water Saving Initiatives Water Savings Plans As required by a savings order issued by the Minister for Utilities under the Energy Administration Amendment (Water and Energy Savings) Act 2005, the City of Ryde must prepare a Water Savings Action Plan and submit this to DEUS by the 31st of March 2006. The City of Ryde is on time to deliver this plan. All Sydney Metropolitan Councils have been required to prepare a Water Savings Action Plan.


ITEM 9 (continued) Because of the City of Ryde's prior involvement with Sydney Water's Every Drop Counts program some requirements of the action plans are already substantially developed such as the diagnostic review, technical reviews and determining how much water is used at Council properties. It may be possible to include water savings initiatives into an Energy Performance Contract, which could also fulfill some of the requirements of the Water Savings Action Plans. This will be explored. Community Water Grants Councils across the State were invited to apply for Community Water Grants administered by the Department of Environment and Heritage with up to $50,000 of funding available for practical projects that either saved or reused water or improved water quality. 10 Community Water Grant funding applications were submitted for various water saving and water quality improvement projects throughout the City of Ryde. These are detailed in the following table. Project Funding

sought 1. Monash Park Reuse of Irrigation Drainage and Rainwater Harvesting $50000 2. Installation of Water Efficient Fittings in 113 Parks and Reserves $50000 3. Christie Park Stormwater Harvesting and Reuse for Irrigation $50000 4. Meadowbank Park Collection Canal Stormwater and Reuse for Irrigation

$50000

5. Ryde Aquatic Centre Pool Backwash Water Recovery and Recycling $50000 6. Ryde Park Stormwater Harvesting and Reuse For Irrigation $50000 7. Ryde Aquatic Centre Convert Ozone sanitising treatment process to less water demanding Ultra Violet Radiation Treatment

$50000

8. Ryde Aquatic Centre Rainwater Harvesting and Reuse as pool top up water

$50000

9. Joint Application with North Ryde Golf Club - Construction of Dams for Irrigation and Flood Mitigation works

$50000

10. Warrawong St creek rehabilitation and revegetation $50000 An application was suggested for the Darvall Rd Warrawong Reserve. This suggestion was investigated however was not pursued do to complex engineering issues, possible flooding issues and also because at present Warrawong Reserve does not utilise irrigation. In addition to the City of Ryde’s own funding submissions, letters of support were also provided to several other funding applications being prepared by community organizations such as Ryde City Bowling Club, North Ryde RSL and Gladesville Our Lady Queen of Peace school to support their applications. These projects mostly related to rainwater harvesting initiatives.


ITEM 9 (continued) Water Savings Fund Applications The Water Savings Fund administered by the NSW Department of Energy Utilities and Sustainability (DEUS) invited applications for various projects, which could demonstrate an ability to save over 10 megalitres of water per year and that met various selection criteria. The first round of funding applications closed on the 31st of October 2005 and future funding rounds are expected approximately every three months with the next funding round expected in March 2006. For the first round of the Water Savings Fund a grant application was submitted for various water savings initiatives at the RALC, which currently uses over 48530 KL of water per year. This funding application grouped together the equivalent of three funding applications submitted to the Community Water Grants and included recovery and reuse of pool backwash water (saving approximately 5587 KL of water per annum), conversion of existing Ozone treatment system to UV (saving approximately 16970 KL of water per annum and also around 166 615 KW of energy) and harvesting of rainwater from the RALC roof (saving approximately 5000 KL of potable water per annum). Sydney Water Every Drop Counts Program (EDC) Council joined Sydney Water’s Every Drop Counts Program (EDC) on the 4th of August 2004 to demonstrate a commitment to reducing water consumption. Under this program, Council is committed to reducing its water consumption by 15%. The City performed very well during its first diagnostic where we were above average in 15 out of 19 tools measuring water management. Overall, the City is rated as two stars which, when benchmarked against a group of 21 other local government participants around Australia and against 110 other participants across all sectors was a very strong result so early into the program. As part of the EDC program Council has already undertaken audits of high water using properties including the Argyle Centre, Operations Centre and RALC. Based on these audits various water savings measures have already been implemented. At the RALC, urinals have now been converted to waterless operation, low-flow showers have been installed and an early leak detection system is also now used. At the Argyle Centre cistern float valves have been replaced and flow restrictors installed on taps. At the Operations Centre Council’s Property Services division is currently looking to install low cost water saving measures such as flow restrictors on taps and showers.


ITEM 9 (continued) In the next few months, the Environment Unit intends to undertake audits of the remaining properties listed in the top ten of Council’s water using facilities. This will include properties such as ELS Hall Park, Eastwood Oval, Magdala Park, Ryde Bowling Club, Banjo Patterson Reserve, Morrison Bay Park and Ryde and Putney Tennyson Bowling Clubs (although both these bowling clubs are leased to tenants and not in direct Council control). A water management diagnostic will be scheduled for early next year to measure Council’s progress since the first management diagnostic on 15 September 2004. Other Water Saving Initiatives recently undertaken At Faraday Park, a developer built underground stormwater collection tank has recently been constructed which virtually eliminates the need for potable water to be used for irrigation at this Park. As part of the Sustainability Audit undertaken by Energy Conservation Systems of the Ryde Civic Centre, Library and Hall various water saving measures were identified. Some of these, such as installation of flow restrictors on taps and converting urinals to waterless operation have already been undertaken. Other longer payback period water saving measures such as low flush toilets and additional sub-metering have been proposed as part of Council’s Energy Savings Fund application for the Ryde Civic Centre and Ryde Aquatic Leisure Centre (which could also include subsidiary projects which saved water). In August 2005, Property Services also fitted flow restrictors to approximately 164 taps and 11 showers in various community facilities including childhood centres, libraries and halls. The water savings for most of these initiatives should be able to be calculated once the next quarterly bills are received. Management Plan Linkages Energy and Water Conservation initiatives are specifically referred to under various Key Action Plans – Environment on pages 37 to 42 of the Management Plan. Although various grant proposals have not been specifically listed, the practice of applying for relevant grants where possible is encouraged. Several of the Community Water Grant /Water Savings Fund applications are already listed in the current management plan including Monash Park rainwater recovery, North Ryde Golf Club flood mitigation works and RALC rainwater harvesting. Relationship to Key Outcome Areas Assets This project meets the following key outcomes for Assets (set out on page 27 of the Management Plan 2005-2008):


ITEM 9 (continued) • High quality environmentally friendly infrastructure services which meet all Australian Standards and contribute to the lifestyle of the community. By undertaking energy and water audits of existing properties Council is ensuring that infrastructure is environmentally friendly and continues to contribute to the lifestyle of the community. Environment This project meets the following key outcomes for Environment (set out on pages 35-36 of the Management Plan 2005-2008): • Energy and water consumption is minimised. • Sustainable practices in buildings, waste management, transport, energy systems

and water use through community commitment. By participating in various programs to save energy and water, undertaking audits of properties and implementing savings measures, Council is ensuring that Energy and water consumption is minimised. Councils’ participation in various programs such as EDC and CCP ensures that Council practices are sustainable and that the community is committed to the same sustainability goals. Governance This project meets the following key outcomes for Governance (set out on page 47-48 of the Management Plan 2005-2008): • Compliance with all legislative requirements and statutory obligations. By preparing Energy and Water Savings Action plans, Council is adhering to a statutory requirement due to a savings order issued by the Minister for Utilities under the Energy Administration Amendment (Water and Energy Savings) Act 2005 People This project meets the following key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008): • Services are delivered and facilities provided for social, cultural, recreational

and environmental needs. By undertaking programs to reduce energy/water and greenhouse gas emissions, Council is ensuring that any services and facilities which are provided meet environmental needs at the same time as providing for social, cultural and recreational needs.


ITEM 9 (continued) Consultation – Internal and External Council business units consulted included: Property Services Unit, Parks Service Unit, Works Service Unit, Ryde Aquatic Leisure Centre staff and City’s Executive Team. External public consultation included: NSW Department of Health for in principle support of Community Water Grant applications using treated stormwater for irrigation. Department of Environment and Conservation for advice relating to Community Water Grant projects involving pumping from canals. Department of Energy Utilities and Sustainability (DEUS) for advice regarding Energy and Water Savings Funds applications and requirements for Energy and Water Savings Action Plans. Policy Implications There are no policy implications through the adoption of this report. Critical Dates Successful Energy and Water Savings Fund applications will be announced in December 2005 and if Council applications are successful Council will be required to sign a funding agreement with DEUS within a month of funding being announced. Successful Community Water Grant applications will be announced in March 2006 and if successful Council will be required to sign a funding agreement with DEH and ensure the projects are implemented within 15 months from funding being announced. Water Savings Action Plans due by 31 March 2006. Energy Savings Action Plans due by 30 September 2006. Financial Impact Council is awaiting determination of several energy and water grant funding applications from various funding bodies and, depending on which application/s the Council wins, the allocation of part funding from current and or future year capital work budgets will be determined and where funding is not available, will be the subject of a separate report to Council. There are no other funding implications associated with the adoption of this report.


ITEM 9 (continued) RECOMMENDATION: That the report of the Sustainability Engineer dated 28 November 2005 on the status of various energy and water saving initiatives undertaken over the last 18 months by the City of Ryde be received and noted. Jenai Davies Sue Weatherley Sustainability Engineer Group Manager Environment & Planning Environment & Planning


ITEM 10 CITIES FOR CLIMATE PROTECTION PROGRAM – Status Report File No. S12302 The Sustainability Engineer reports 24 November 2005: Report Summary For Council to receive a progress report on the City’s involvement in the Cities for Climate Protection (CCP) Program through Milestone 1 of the program and, as part of Milestone 2, to set agreed Corporate and Community Greenhouse Gas emissions reduction goals for the benefit of the local environment and so that the City can progress to the Milestone 3 action planning process. In light of the existing and potential opportunities, the City of Ryde is well positioned to achieve a significant reduction in corporate and community greenhouse gas emissions over the next decade. No single project or achievement will lead to Council achieving the proposed emissions reductions goal or fulfilling its requirement to reduce greenhouse gas emissions. A number of abatement measures will need to work co-operatively, in all sectors, so to have the required effect on Councils total emissions. The City’s progress through the CCP program will continue to promote our commitment to environmental sustainability. Background The City of Ryde is a member of the Cities for Climate Protection Australia Program, an international campaign to assist local governments to reduce greenhouse gas emissions. In Australia, the program is delivered by the Local Governments for Sustainability- Australia/New Zealand (ICLEI-A/NZ), in collaboration with the Australian Greenhouse Office, an agency of the Australian Government. The City of Ryde joined the program on 1st March 2005 and has committed to achieving the following 5 milestones, in order.

1. Conduct an inventory and forecast for Community and Corporate (council) greenhouse gas emissions

2. Establish an emissions reduction goal 3. Develop and adopt a local action plan 4. Implement the local action plan 5. Monitor and report on achievements.

Councillors Melhem, Campbell and Yedelian were nominated as CCP Councillors joining Council officers Cappelli and Davies as Council contacts for the program.


ITEM 10 (continued) Council was also successful in winning some seed grant funding ($4k) to engage additional support to help complete the Milestone 1 stage of the program. With this funding Council engaged two students from Macquarie University to assist in the process, help develop targets for Milestone 2 and further suggest elements, which should be included in a local action plan for Milestone 3. Report Milestone 1: Conduct a Greenhouse Emissions Analysis Milestone 1 of the Cities for Climate Protection (CCP) Australia Program – the creation of an inventory and forecast of greenhouse emissions from the community and from council activities has been completed and verified. The total community and corporate sectors combined produced 1640746 tonnes of CO2. This comprised of 16190 tonnes of corporate emissions in 2003, and 1624556 tonnes of community emissions in 2001. Milestone 1 is the starting point in the CCP Program. The baseline year chosen for community data was 2001 and the forecast year chosen was 2010. The baseline year chosen for corporate data was 2003/04 and the forecast year chosen was 2012/13. For corporate (or council) operations data and records were obtained from various sources in order to calculate energy/fuel consumption and costs and to estimate the production of emissions for the following sectors:

• Street and public lighting energy usage. • Waste to landfill - the organic matter entering landfills decomposes to create

greenhouse gases. • Fleet vehicles and plant - the types and amounts of fuels used by all council

plant from heavy machinery to mowers and cement mixers. • Council operated buildings and properties energy usage. This included

facilities such as administration buildings, parks, swimming pools, libraries and halls.

• Water pumping costs where this was listed on a separate electricity account to other properties.

For community emissions data was estimated through waste data provided by Council and also from calculations undertaken by ICLEI-A/NZ based on information provided by the Australian Bureau of Statistics. However the following sectors were analysed:-

• Waste to landfill - the organic matter entering landfills decomposes to create greenhouse gases.

• Transport emissions • Industrial energy usage • Commercial energy usage • Residential energy usage


ITEM 10 (continued) This data provides an indication of what activities are contributing to greenhouse gas (GHG) emissions. The data results provide the information needed so to determine the most appropriate strategic actions to reduce Ryde’s GHG emissions. The data also provides a baseline from which future changes in emission levels and/or financial gains resulting from actions that may be adopted, can be measured as Council progresses through the CCP Milestones. Corporate Emissions Overview and results for Milestone 1 Ryde Councils total corporate energy use in the base year was 16,190 tonnes of CO2, or 74, 815 Giga Joules (GJ) of energy, which cost $2,091,016. Below in Figure 1, indicates the percentage of corporate emissions generated from each of these sectors during the inventory year 1/7/2003 – 30/6/2004.

Figure 1- City of Ryde Corporate Emissions by Sector

43%

33%

9%

15%

Buildings Streetlights Vehicle Fleet Waste

Figure 2 illustrates the breakdown of corporate emissions by source, clearly illustrating that electricity consumption is the primary source of corporate greenhouse gas emissions in the City of Ryde. Figure 1 shows that within the Corporate Sector the greatest contributor to greenhouse gases from Council operations is Buildings (43%) followed by Streetlights (33%), waste (15%) and Vehicle Fleet (9%). From the buildings sector some of the highest greenhouse gas generating properties were the Ryde Aquatic Leisure Centre, Civic Centre, Operations Centre, The Argyle Centre, various libraries and parks with floodlights especially ELS Hall Park. From the vehicle fleet the highest greenhouse gas generating vehicles included street sweepers and garbage trucks together with other heavy machinery.


ITEM 10 (continued)

Figure 2- City of Ryde Corporate Emissions by Source

71%

5%

5%4%

15%

Electricity Petrol Natural gas Diesel Waste

Corporate Base Year and Forecast Year and Methodology The base year selected by the City of Ryde Council for the corporate emissions inventory was the financial year 2003-2004. This was due to the availability of data necessary for the completion of the inventory and any recent greenhouse gas reduction measures implemented could be recognized in Milestone 5. The forecast year is 2012-2013. The forecast calculations are based on a ‘business as usual’ scenario for council’s operations. This includes any new developments expected between the base year and the forecast year. Examples may include a new number of streetlights. All energy use is equated into a common measure of eCO2. This is a measure of equivalent carbon dioxide produced from each energy type. For example, methane is 21 times more potent than carbon dioxide in terms of global warming potential. Therefore, one unit of methane is calculated to be the equivalent of 21 units of CO2.


ITEM 10 (continued)

0

1,000

2,000

3,000

4,000

5,000

6,000

7,000

8,000

Equi

vale

nt C

O2

tonn

es

2003 2012

Figure 3- Ryde City Council Corporate Base and Forecast Years

Buildings

Vehicle Fleet

Streetlights

Waste

Sector Year 2003 (Equivalent CO2

Tonnes)

Year 2012 (Equivalent CO2

Tonnes) Buildings Streetlights Vehicle Fleet Waste Water/Sewage

7,001 5,356 1,393 2,436

4

7,409 5,441 1,432 2,556

4 TOTAL 16,190 16,842

As figure 3 illustrates, corporate emissions are expected to increase under a ‘business as usual’ scenario particularly in the building sector. This increase can be attributed to the population growth in the municipality creating growth within the Council staff and associated services. Community Emissions Overview and results for Milestone 1 The community sectors base year was 2001. The community energy used has been obtained directly from the ICLEI-A/NZ Default Data set. This data is based on the 1996 Census, which provided 'average energy use statistics'. During the base year, the community sector used 12,767,646 giga joules (GJ) of energy, and emitted 1,624,556 tonnes CO².


ITEM 10 (continued)

Figure 4- City of Ryde Community Emissions by Sector

20%

20%

44%

14% 2%

ResidentialCommercialIndustrialTransportationWaste

Figure 4 indicates the percentage of Community emissions generated from each sector with the greatest emissions occurring in the Industrial sector, followed by Commercial, Residential, Transport, Commercial, and Waste. Community Base Year and Forecast Year The base year selected by the City of Ryde Council for the community emissions inventory was the year 2001. ICLEI-A/NZ obtain the data primarily from sources such as the Australian Bureau of Agricultural and Resource Economics (ABARE) and the Australian Bureau of Statistics (ABS), who in turn base most of their research on information provided in the last census of 1996 and in 2001. The difference between these two years was used to forecast year to 2010 which is recommended as a forecast year by ICLEI-A/NZ as it is the mid-point of the First Commitment Period of the Kyoto Protocol. Forecast calculations are based on a ‘business as usual’ scenario allowing for growth within the municipality of population and its associated effects.


ITEM 10 (continued)

0

100,000

200,000

300,000

400,000

500,000

600,000

700,000

800,000

Equi

vale

nt C

O2

tonn

es

2001 2010

Figure 5- Ryde City Council Community Base and Forecast Years

Residential

Commercial

Industrial

Transportation

Waste

Sector Year 2001 (Equivalent CO2

Tonnes)

Year 2010 (Equivalent CO2

Tonnes) Residential Commercial

Industrial Transport

Waste

320,112 322,609 726,978 219,720 35,137

343,292 398,965 732,146 330,171 35,547

TOTAL 1,624,556 1,840,121 It can be seen that across all sectors emissions are expected to increase under “business as usual” scenario with the greatest growth in emissions occurring in Residential, Industrial and transport. Milestone 2: Setting an Emissions Reduction Goal The proposed greenhouse gas Emissions Reduction Goal for Milestone 2 is:

• A 20% reduction in corporate emissions on 2003/04 levels by 2012/13. • A 20% reduction per capita of Community emissions at 2001 levels by

2010. •

A reduction target is a council endorsed public statement that asserts the reduction in greenhouse gas emissions that Council aims to achieve in a specified amount of time. The corporate and community sectors typically have separate targets as Council has various levels of control and influence on energy use and waste produced in these areas. In setting the targets for Ryde City Council, expertise and experience has been drawn upon from the international community and other local governments.


ITEM 10 (continued) Corporate Emission Reduction Goal The emission reduction goal is integral in providing Council with a strategic direction and target for its sustainability projects. Therefore, most importantly the reduction goal is realistic and attainable, while being an extended goal for Ryde Council. The ERG will demonstrate that Ryde Council is committed to making a concerted effort to reduce its contribution to global warming. Therefore the proposed corporate ERG is: “Reduce Corporate Green House Gas Emissions by 20% of Base Year 2003 by 2012.” This reduction goal is recommended for corporate emissions for five main reasons. 1. Over 250 local authorities and municipal organisations from 50 countries worldwide support a 20% corporate greenhouse reduction goal. 2. Reduction measures are already underway by council. These include converting the Civic Centre to 10% greenpower, installing glazing on the Civic Centre, converting 120 computer screens from CRT to more energy efficient LED screens, installing more energy efficient lighting in the Civic Centre and West Ryde Library and reducing the hours of operation of the Civic Centre airconditioning systems. These initiatives alone have already saved over 244 tonnes of CO2 per annum. 3. There are many greenhouse gas savings initiatives, which are about to be undertaken by Council or which would be readily achievable. Council has submitted funding applications and is intending to undertake various energy saving projects at the RALC and Civic Centre, energy audits intended for large properties generally identify at least 25% energy savings. Council is also currently revising its fleet policy which will greatly reduce vehicular fleet emissions by providing financial incentives for staff to drive more fuel efficient vehicles. Council is also a member of the Streetlighting Improvement Program and will be endeavouring to submit an Energy Savings Fund application to allow the rapid introduction of more energy efficient lamps and fittings. On the basis of these measure alone it is quite easy to identify at least a 17% reduction in corporate emissions. A local action plan is likely to identify even more methods for achieving greenhouse gas reductions. 4. Local and international experience demonstrates that the goals are achievable. For example, Toronto endorsed the goal in 1990, aiming to reduce e-CO2 emissions by 20% from 1988 levels by 2005. A report recently commissioned by the municipality indicates that the City has cut its emissions by 67% from 1990 levels – exceeding it goal by more than three times. All told, the city has cut annual emissions from the equivalent of 2.3 million tonnes of carbon dioxide, to only 765,000 tonnes in 1998. The City of Saarbrucken, Germany, resolved to reduce emissions by 25% on 1990 levels by 2010. The city had made a 22% reduction in CO2 emissions between 1990 and 1997.


ITEM 10 (continued) 5. The CCP goal is a flexible goal to aim for rather than a mandatory target to hit or miss - and can be adjusted by the municipality as the local action plan progresses. The goal can also be adjusted as part of CCP Plus once council has completed all five milestones. Community Emissions Reduction Goal The Council recognises the importance of the community sector as it expels the vast majority of emissions within the local area. Although efforts to kerb these emissions are considered essential and Ryde Council will “lead by example” and will undertake various initiatives to encourage the community sector to reduce emissions, this sector generates considerably more emissions and is more difficult to influence than Council’s own operations. As a result, the community ERT will be the minimum recommended by the IPCC required to stabilise GHG concentrations in the atmosphere. Therefore the proposed community ERG is: “A 20% reduction per capita of Green House Gas Emissions at the 2001 Base Year Levels by 2010” Whilst this is a very ambitious goal, it will send a positive message to the local community that it is everyone’s responsibility to make a difference. Milestone 3: A Local Action Plan Pending the endorsement of the Millstone 2 reduction goals, Council will continue with the CCP program and complete Milestone 3, the design of the Local Greenhouse Gas Action Plan. The development of the Local Greenhouse Gas Action plan will include:

• Assessment of the implementation costs, potential cost savings and pay-back period and the potential emission reductions for priority actions.

• Conducting internal and public consultation on the plan. • Identification of key indicators for the success of the program and establishing

a monitoring system related to the Greenhouse Action Plan. • The abatement measures developed and implemented will be required to be

as cost effective as possible, maximising the reduction in greenhouse gas emissions and cost savings for the City of Ryde.

• There will be no single project or achievement will lead to Council achieving the emission reduction goal by fulfilling its obligation to reduce greenhouse emissions. A number of abatement measures, in all sectors, will be needed to have a cumulative and significant effect on Council’s total emissions.


ITEM 10 (continued)

• Consideration may need to be given to alternative funding mechanisms such as a revolving energy fund to enable cost savings from greenhouse gas reduction initiatives to be reinvested in new initiatives.

• This greenhouse gas action plan will be designed so that it can be used to directly assist Council in preparing its Energy Savings Action Plan, which is required by DEUS in September 2006.

While various initiatives described previously have already undertaken to produce a measurable CO2 reduction, other initiatives are also currently underway or in development at Ryde Council. These initiatives include –

• A Sustainability Audit of the Civic Centre, Civic Hall and Ryde Library was recently undertaken. The audit recommended various energy and water conservation measures that could be implemented, including actions to save approximately 300 tonnes of CO2 and over 3000kL of water per year. The remainder of the low cost/short payback recommendations (such as installing energy efficient tri-phospor lamps) will be undertaken in the early part of 2006. The higher cost/longer payback recommendations (such as converting urinals to waterless operations) have been included in an Energy Savings Fund application however if this is not successful they may be included in an Energy Performance Contract or undertaken by Property Services through general Council funding.

• The new waste contract, which is due to commence in May 2006 will significantly reduce the volume of waste to landfill. In particular green waste will be collected and transported to a special facility for processing into compost thereby saving a considerable saving in eCO2 emissions, as methane is an extremely effective greenhouse gas.

• Energy Audits will also be prepared for the top ten energy use properties by September 2006. Saving measure will be identified and included in the Saving Action Plan prepared for by DUES. These measures will be undertaken as a part of an EPC or through grants and council funding.

• West Ryde Library is having efficient LED lights being fitted in place of Neon Lights

• An Energy Saving Fund submission was submitted for the RALC for various energy saving initiatives such as heat blankets and solar hot water heating.

• Ongoing initiative program to gradually replace current street lighting lamps with more efficient lamps. Consideration is being given to putting together a future Energy Saving Fund Application for more energy efficient lighting in Parks and Streetlighting.

• A fleet policy is currently being prepared by Ryde Council, which is looking into providing smaller four cylinder cars and Hybrid vehicles.

• An Integrated Transport Strategy is currently being undertaken, and expectantly will show the strategic transport needs to meet objectives such as, reducing the kilometres by vehicles travelled, increasing the use of public transport and improving air quality.


ITEM 10 (continued)

• The council is currently revising the Bicycle Plan to improve the opportunities for non polluting transport

• There is a cross sectional Environment Education Team within Council, which meets regularly and recommends and undertakes various sustainability initiatives from a corporate perspective. They also look to promote the environmental message through communications such as posters and run competitions to encourage knowledge on the environmental message.

• Various workshops for community education will continue to be undertaken to encourage the use of less polluting technologies such as solar panels and encourage recycling to reduce waste

• The community tree-planting program will soon be resurrected with the introduction of the Ryde Community Nursery program.

While the above example shows Ryde Councils commitment to producing initiatives to reduce CO2 emissions other initiatives that commonly require no capital expenditure could also be recommended for implementation such as;

Educating staff to switch off computers, screens, copiers, lights hot water urns and other equipment overnight. Reducing thermostats and reducing the temperature of hot water services in

Ryde Council operations, depots and other service buildings such as libraries and childcare centres. Enabling “Energy Star” capabilities to reduce energy use when office

equipment is unattended. Other measures that require capital expenditure, but savings in the end are –

• Motors account for 50% of electricity use in industrial applications such as air conditioning and swimming pool plant rooms. The national Minimum Energy Performance Rating Scheme (MEPS) requires all new motors to be rated for efficiency. Replacing worn motors with MEPS-rated “high efficiency” motors, instead of “standard” rated or reconditioned motors, reduces energy use and can recover the higher cost of the motor in 1-2 years

• Waste diversion such as mulching grass and garden clippings from council run premises, corporate paper recycling and composting food scraps. This could be an education program for both sectors.

• Implement residential efficiency measures, such as domestic lighting and hot water refits, with support from the Australian Government CAAP grants, or in partnership with local energy and water service providers.

• Renovation work by refitting efficient lights in public facilities. Management Plan Linkages This project is listed in the Air Quality Action Plan listed on page 37 of the Management Plan 2005-2008.


ITEM 10 (continued) This project forms part of the 2005/2006 Operational Budget for the Environment. Relationship to Key Outcome Areas Assets This project meets the following key outcomes for Assets (set out on page 27 of the Management Plan 2005-2008): • High quality environmentally friendly infrastructure services which meet all

Australian Standards and contribute to the lifestyle of the community. The CCP program aims to assess the greenhouse gas emissions from council infrastructure such as buildings in order to measure their impact upon the global environment. Environment This project meets the following key outcomes for Environment (set out on pages 35-36 of the Management Plan 2005-2008): • Global environmental impacts of local activities are considered. • There are systems and processes in place that measure our impact on the

environment and take action when our environment is threatened. • Energy and water consumption is minimised. • Landfill waste generation is minimised and the rate of recycling is increased. • Sustainable practices in buildings, waste management, transport, energy systems

and water use through community commitment. The CCP Program aims to measure the impact of both corporate and community emissions in the City of Ryde via the contribution of various sectors to greenhouse gas emissions in both Milestones 1 and Milestones 5. The long-term aim of the program is to reduce energy consumption and achieve more sustainable practices in various areas so to reduce greenhouse gas emissions and the global environmental impact of activities within the City of Ryde. Governance This project meets the following key outcomes for Governance (set out on page 47-48 of the Management Plan 2005-2008): • Improved communication with the community and increased awareness and

understanding of council’s decisions by the community. By committing itself to the CCP program, the City of Ryde has committed itself to reporting to ICLEI-A/NZ and the wider community on the progress towards the various milestones, including Milestones 1 and 2 which are described in this report.


ITEM 10 (continued) People This project meets the following key outcomes for People (set out on pages 54-55 of the Management Plan 2005-2008): • Services are delivered and facilities provided for social, cultural, recreational and


community are positively and proactively influenced. By implementing the CCP Program, Council is ensuring that services and facilities meet environmental needs of the community and also that the community is encouraged to act in a more environmentally sustainable manner. Consultation – Internal and External Council business units consulted included: Property Services Unit, Parks Service Unit, Waste Service Unit, Fleet Manager, Access & Facilities Service Unit and Finance Unit. Key stakeholders meeting held in August this year and Milestone 1 report workshop to CCP Councillor contacts on 23 November 2005. Policy Implications The recommendation is consistent with the City of Ryde’s Local Air Quality Management Plan. Critical Dates The following deadlines are required to be met: - *Completion of Milestone 1 inventory by December 2005. *Endorsement of Milestone 2 targets by December 2005. * Milestone 3 Action Plan by end March 2006 Financial Impact Milestone 1 and 2 were fully funded from grant money made available by ICLEI-A/NZ for this program and completion of the Milestone 3 Action Plan can be funded from the existing 0506 Environment Strategy budget. Future stages of the program will be subject to future budget allocations by Council. RECOMMENDATION: (a) That the report of the Sustainability Engineer dated 24 November 2005 on the

City’s progress through the Cities for Climate Protection (CCP) Program be received and noted.


ITEM (continued) (b) That the following Greenhouse Gas Emission Reduction Goals (ERG’s) to

achieve Milestone 2 of the CCP Program be adopted:

• Corporate ERG – A 20% reduction of base year 2003 by 2012 • Community ERG – a 20% reduction per capita of base year 2001 by

2010

(c) That the Group Manager, Environment and Planning establish a cross-disciplinary Milestone 3 working group, including the nominated CCP Councillors, to assist in the preparation of a draft Milestone 3 Action Plan for Council’s future consideration.

Jenai Davies Sue Weatherley Sustainability Engineer Group Manager Environment & Planning Environment & Planning

Documents

· CITY OF RYDE COMMITTEE OF THE WHOLE AGENDA NO 19/05 The above Committee will meet on Tuesday, 6 December 2005 in Committee Room No. 2, Fifth Floor, Civic Centre, Ryde at 7.30pm