Works and Community Committee...2009/11/03 · Works and Community Committee Report Page 6 ITEM 2 (continued) Agenda of the Works and Community Committee Report No. 3/09, dated Tuesday

Works and Community Committee

AGENDA NO. 3/09

Meeting Date: Tuesday 3 November 2009 Location: Committee Room 1, Level 5, Civic Centre, 1 Devlin Street, Ryde Time: 4.30pm

NOTICE OF BUSINESS Item Page 1 CONFIRMATION OF MINUTES ...................................................................... 1 2 MORRISON BAY PARK - Tree pruning and removal request

INSPECTION ................................................................................................... 2 3 142 ROWE STREET, EASTWOOD - Proposed use of a Portion of

Roadway .......................................................................................................... 8 4 RYDE EX-SERVICES CLUB - FLAG POLES ................................................ 16 5 153 ROWE STREET EASTWOOD - USE OF PORTION OF

ROADWAY..................................................................................................... 20 6 FEES AND CHARGES FOR SCHOOLS USE OF PASSIVE PARKS

AND NATURAL AREAS................................................................................. 28 7 28 BLENHEIM ROAD, NORTH RYDE-Proposed Use of a Portion of

Roadway ........................................................................................................ 31 8 REQUEST FOR REMOVAL OF STREET TREES- 67 Eastview Avenue,

North Ryde INSPECTION ................................................................................................. 39

Works and Community Committee Report Page 1 ITEM 1 (continued)

Agenda of the Works and Community Committee Report No. 3/09, dated Tuesday 3 November 2009.

1 CONFIRMATION OF MINUTES

File Number: CLM/09/2/3/3 - BP09/851

RECOMMENDATION: That the Minutes of the Works and Community Committee No. 02/09 held on 06 October 2009, be confirmed.

Works and Community Committee Report Page 2


2 MORRISON BAY PARK - Tree pruning and removal request

Report prepared by: Co-ordinator Natural Areas Report dated: 1/10/2009 File No.: GRP/09/4/6 - BP09/779

INSPECTION

Report Summary To report to Council the request from the residents of 21 Teemer Street, Tennyson Point to prune all overhanging branches from the property and removal of some trees within the immediate area adjacent to the property in Morrison Bay Park. This report recommends that no action be undertaken. Background A customer request was received by Customer Service on the 18 June 2009 from the resident of 21 Teemer Street, Tennyson Point requesting that there were trees from the park overhanging their roof and shading the yard (so no grass grows). The request included a request to assess if tree removal was required as the planting was very close together. The trees were assessed by Council’s Tree Management staff in line with the Council tree management policy. Staff determined that no works were warranted at that time due to the health of the tree and considerable pruning had previously been undertaken to eliminate lower branches. It was noted at the time of inspection that the shade levels had not effected grass growth. On 3 July 2009 the resident advised of their unhappiness of the outcome and what further process might take place. Council’s Tree Preservation process allows for the review of all tree applications and requests by customers. Under this adopted policy, if a private tree owner is unhappy with a determination they may apply for review of the determination but must submit further new information that substantiates their case. This is carried out by a Tree Management officer not involved in the first determination. If the customer is still unhappy with the determination they may then request that it be referred to Council for determination. A similar process is followed for trees on land under the care, control and management of the City Of Ryde with the exception that supportive information having to be supplied by the customer is not required. In line with this policy, a second inspection was undertaken by another qualified Tree Management officer (not involved in the first determination) in July 2009. This resulted in the same determination given. Current delegation for Council staff only allows the pruning or removal of trees to be undertaken where the tree is dead, dying or dangerous. It does not allow for the pruning or removal of trees because they are dropping leaves or shadowing the grass.


Agenda of the Works and Community Committee Report No. 3/09, dated Tuesday 3

Report On the 25 September 2009 a request was received from a Councillor on behalf of the resident of 21 Teemer Street requesting the trimming of the branches overhanging their property. Shortly after, the following email request was also received from the resident.

“I consider that there are a number of trees directly outside my side boundary and in Morrison Bay park which are obviously encroaching onto my property. These trees are creating overshadowing as well as considerable shedding of leaves to my property. I also consider that there are too many trees in such a small area and wonder if some can be removed?” (sic)

All the trees along the boundary on 21 Teemer Street have been pruned at different times to the point where there are now no lower limbs overhanging the property. All remaining branches are above 4m in height. Both inspections determined that the removal of further branches would not have a significant impact and could not be undertaken to the appropriate Australian Standard. The removal of trees in the immediate area was not warranted. The group of trees provide habitat value within the immediate area especially in light of recent illegal poisoning of trees within the park. The trees also provide some protection from balls being struck from the playing field.

Photo 1. View east across Morrison Bay Park towards 21 Teemer Street

November 2009.



Photo 2. View from Teemer Street to number 21

November 2009.



Photo 3. View from behind number 21 towards Teemer Street. Consultation Internal Council business units consulted included:- • Not applicable Internal Workshops held:- • Not applicable City of Ryde Advisory Committees consulted included:- • Not applicable

November 2009.



External public consultation included:- • Not applicable Critical Dates There are no critical dates or deadlines to be met. Management Plan Budget / Linkages This project forms part of the 2009/2010 Operational budget for Open Space. Relationship to Key Outcome Areas

People This matter has no direct relationship to this key outcome area.

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 page 69 of the Management Plan 2009-2013):

E5 A leafy City through parks, gardens, trees and the built environment. These trees provide a provide habitat value within the immediate area especially in light of recent illegal poisoning of trees within the park. They also provide shade for spectators watching sports or people who wish to use the seats located beneath the trees.

Governance This matter has no direct relationship to this key outcome area.

Financial Impact Adoption of the option outlined in this report will have no financial impact. If Council decide to undertake further pruning of the trees it is estimated that this will cost $2,000 and removal of trees will cost approximately $4,000. Policy Implications Council’s Tree Management policies have been adhered to in this process. Other Options Council may decide to prune the trees back from the property or remove some trees.

November 2009.



Conclusion The trees in Morrison Bay Park adjacent to 21 Teemer Street are healthy trees which provide shade for the users of the park, protect houses from balls from the park and provide natural habitat. Under Council’s policy there is no horticultural reason for these tree to be further pruned or removed. RECOMMENDATION: (a) That the report of the Co-ordinator Natural Areas, dated 1/10/2009 on

MORRISON BAY PARK - Tree pruning and removal request, be received and noted.

(b) That no action be undertaken in relation to the request to remove trees adjacent

to No. 21 Teemer Street, Tennyson. ATTACHMENTS There are no attachments for this report. Report Prepared By: Adam Smith Co-ordinator Natural Areas Report Approved By: Peter Hickman Manager - Open Space Maxine Kenyon Acting Group Manager - Community Life



3 142 ROWE STREET, EASTWOOD - Proposed use of a Portion of Roadway

Report prepared by: Property Officer Report dated: 7/10/2009 File No.: GRP/09/3/6 - BP09/794

Report Summary To recommend an Approval under the Roads Act, 1993 of a 20 m2 portion of Rowe Street outside Nam Viet Restaurant at 142 Rowe Street, Eastwood. Background Since 8 October 2006, Nam Viet Restaurant has utilised a portion of Rowe Street for outdoor dining. An area of 20 m2 was approved under Development Consent 1995/453 to be utilised for outdoor dining by the placing of five (5) tables and twenty (20) chairs. The approval was subject to various conditions that included entering into an agreement with Council pursuant to Section 125 of the Roads Act, 1993. Report Ms Ha Helu has requested Council grant an Approval to continue utilising the area for outdoor dining for a period of 3 years commencing on 8 October 2009. Under the Outdoor Dining Policy that came into effect in November 2006, the applicant is permitted to place five (5) tables and twenty (20) chairs in the area. A commencing rental of $4,840.00 per annum (GST inclusive), subject to annual CPI increase at each anniversary, is applicable in terms of the rates to be charged from the Management Plan 2009-13. The Group Manager – Public Works raises no objections to the proposed outdoor dining in this area under terms and conditions similar to those contained within other Outdoor Dining approvals within the City of Ryde. See ATTACHED standard conditions. Consultation Internal Council business units consulted included:- • Public Works Group • Urban Planning Internal Workshops held:- • Not applicable City of Ryde Advisory Committees consulted included:- • Not Applicable External public consultation included:- • Not applicable



Critical Dates There are no critical dates or deadlines to be met. Management Plan Budget / Linkages This project forms part of the 2009/2010 Operational Budget for Buildings & Property Unit. Relationship to Key Outcome Areas

People This project meets the following key outcomes for People (set out on page 50 of the Management Plan 2009-2013):

P1 A vibrant city that is economically strong and engages its community through cultural and social activities.

P3 A harmonious community through a culturally enriched and respectful society. The activation of this area of public domain provides for greater community interaction with the local environment.

Assets This project meets the following key outcomes for Assets (set out on page 60 of the Management Plan 2009-2013):

A1 Well designed streets and paths where motorists, cyclists and pedestrians feel safe.

A2 Well designed places and spaces that minimise personal harm and where people interact with each other.

A3 A high standard of visual appearance for our infrastructure, built environment and public areas.

The utilisation of this area of public domain has minimal impact upon pedestrian amenity.

Environment This matter has no direct relationship to this key outcome area.

Governance This project meets the following key outcomes for Governance (set out on page 79 of the Management Plan 2009-2013):

G1 Improved awareness and understanding of Council’s decisions by the community.

G3 Review of best practice approaches on Governance to enhance the delivery of services to the community.

G6 An efficient and effective regulatory environment.

November 2009.



The utilisation of this area of public domain is in compliance with the Roads Act, 1993. Financial Impact Income generated through the use of this area of Rowe Street is budgeted within the Operating Income forecast for the Buildings and Property Unit. Policy Implications The recommendation is consistent with Council’s Footpath Activity Policy November 2006, Outdoor Dining Policy November 2006 and Management Plan 2009-2013, as well as the draft Outdoor Dining Policy. Conclusion Approval for Outdoor Dining is recommended. RECOMMENDATION: a) That the report of the Property Officer, dated 7/10/2009 on 142 ROWE

STREET, EASTWOOD - Proposed use of a Portion of Roadway, be received and noted.

(b) That an approval for three years from 8 October 2009 be granted under the

Roads Act, 1993 for the purposes of outdoor dining of an area of approximately 20 m2 of Rowe Street in front of 142 Rowe Street, Eastwood at a commencing rental of $4,840.00 per annum (GST inclusive), subject to the conditions of approval attached.

ATTACHMENTS 1 CONDITIONS OF APPROVAL 142 Rowe Street2 PLAN 142 Rowe Street Report Prepared By: Francesca Houais Property Officer Report Approved By: Michael Betts Manager - Buildings and Property Kim Woodbury Group Manager - Public Works

Works and Community Committee Page 11 ITEM 3 (continued) ATTACHMENT 1


CONDITIONS OF APPROVAL: That pursuant to section 125 of the Roads Act 1993 Approval be granted to Ms Ha Helu, proprietor of Nam Viet Restaurant to use 20 m² in front of 142 Rowe Street, Eastwood for outdoor dining for a period of 3 years, commencing on 8 October 2009, subject to the following conditions of approval.

TERM 1.1 The approval is granted to Ms Ha Helu trading as Nam Viet Restaurant “the

Approval Holder” for a term of three (3) years commencing on the 8 October 2009, and ceasing on the 7 October 2012.

1.2 On commencement of the term in clause 1.1, the approved area is to be physically

delineated by Council approved discs. These discs will be installed by Council in the footpath at the applicant’s expense.

1.2.1 Should any fixed item such as tables, chairs, planter boxes, etc. be required they

are to be supplied and installed by Council at the applicants cost, following the Council’s determination that their installation is appropriate.

1.2.2 If any existing ‘street furniture’ requires relocation, from the approved area, that

Council take the necessary work with the actual costs being borne by the applicant.

PAYMENTS 2.1 During the term of the Approval the Approval Holder shall make payments in the

nature of rent (“the Rental”) to the Council. 2.2 The Rental payable for the period from 8 October 2009 shall be $4,840.00 (GST

Inclusive) per annum payable by monthly installments of $403.33 in advance to the Council or as it may direct.

2.3 The Rental payable for the second and subsequent years of the approval shall be

an amount (rounded up to a full dollar amount) calculated by increasing the Rental for the year immediately preceding by a percentage equal to the total percentage increase, if any, in the Consumer Price Index figure for Sydney All groups for the then most current year in respect of which such Consumer Price Index Figure has been released. If there is no increase in such Consumer Price Index Figure, the Rental will remain the same.

GOODS AND SERVICES TAX 3.1 The Rental and all other moneys payable by the Approval Holder pursuant to the

approval are exclusive of Goods and Services Tax or like impost (GST). 3.2 Liability for GST (payable in respect of any taxable supply) is additional. It is

payable by the Approval Holder to the Council at the same time as Rental and other moneys are payable.



SECURITY DEPOSIT 4.1 The Approval Holder shall provide on the commencing date to the Council either a

cash deposit (“Security Deposit”) or an unconditional bank guarantee (“Bank Guarantee”) for an amount equivalent to six (6) months’ Rental.

4.2 The Bank Guarantee or the Security Deposit, (which shall be held in an account

bearing interest), shall be held by the Council on behalf of the Approval Holder during the term of the approval as security for the performance of the conditions herein provided and the Council may from time to time apply the Security Deposit or call in any amount from the Bank Guarantee in or towards satisfaction of any amount of Rental, damages or other monies payable by the Approval Holder to Council pursuant to the Approval or which may become due and payable as a result of any breach by the Approval Holder of any of these conditions. The interest earned on the money will be used by Council in the management and administration of those funds.

4.3 In the event that the Security Deposit is applied by the Council or the Council

requires the Approval Holder’s bank to make payment pursuant to the Bank Guarantee then the Approval Holder shall within fourteen (14) days after written notification from the Council provide the Council with an additional cash deposit or an additional bank guarantee equivalent to the amount of the Security Deposit so applied or the Bank Guarantee called upon.

4.4 At the cessation of the Approval and upon full compliance with these conditions

the Council will account to the Approval Holder for any remaining balance of the Security Deposit or will return the Bank Guarantee.

ADDITIONAL CONDITIONS OF THE APPROVAL: 5.1 The Land or any part thereof shall not be used for any other purpose than as a

footpath restaurant / café in accordance with the conditions of any development consent issued by the Council to the Approval Holder and these conditions.

5.2 No more than five (5) tables and twenty (20) chairs. 5.3 Installation of any further or replacement outdoor furniture must be approved by

Council and is to be of a design and construction approved by Council. 5.4 The Approval Holder shall remove all non-fixtures from the Land at the end of

each day and store them within the restaurant / café. 5.5 The Approval Holder shall ensure that at no time do the tables or chairs encroach

upon any part of the footpath that does not form part of the Land. A pedestrian access way of at least 2 meters shall be maintained at all times.



5.6 The Council through its agents or officers may enter and view the state of repair of the Land and such fixtures as may be installed thereon at any reasonable time.

5.7 The Approval Holder shall indemnify the Council against all or any claims in

respect of the occupation or use of the Land pursuant to the grant of approval. 5.8 The Approval Holder shall effect and keep effected a public risk policy of

insurance with an insurance company approved by the Council against any demand claim or action in respect of injury, loss or damage to any person or property howsoever sustained arising out of the occupation or use of the Land (by the Approval Holder and / or persons claiming under it) at any time during the term of the approval in such amount as the Council may from time to time require which amount shall not be less than twenty million dollars ($20,000,000.00). The Approval Holder shall produce such policy to the Council upon demand.

5.9 The Approval Holder shall maintain and renew from time to time all licences,

permits and registrations required for the carrying on of the business of a footpath restaurant / café on the Land and shall observe perform and fulfill all the requirements of any statutes regulations or by - laws in so far as they may apply to the Land or to the business conducted thereon.

5.10 The Approval Holder will comply with provisions of the Food Regulations 2004, the

Companion Animals Act 1998, The Occupational Health and Safety Act 2000, or any regulations made there under and the Approval Holder shall indemnify and keep indemnified the Council against the failure on the part of the Approval Holder and / or persons under its control to comply with this condition.

5.11 The Approval Holder will comply with any notices or orders which may be given by

any competent authority in respect of the Approval Holders use of the Land. 5.12 This approval does not confer on the Approval Holder an exclusive right to

possession of the Land and the Land may be used as a pedestrian access way by members of the public.

5.13 The Approval Holder will at all times display in a clear and visible position inside

the shop front window an Outdoor Dining Permit issued by Council and have the permit available for inspection by Council at any time.

5.14 The Approval Holder will comply at all times with the current Outdoor Dining Policy

which was effective as of the 7 November 2006. 5.15 The Approval holder must:

- Prohibit smoking in all outdoor dining areas on Council owned land; - Display No Smoking signs at the entrance to or within outdoor dining

areas with such signs to be of minimum dimensions of 300mm x 200mm and contain the words ‘No Smoking’ along with the ‘No Smoking’ international symbol,

- Prohibit the supply and use of ashtrays within outdoor dining areas; and



- Take all practicable measures to ensure that customers do not smoke within outdoor dining areas.

CESSATION OF APPROVAL 6.1 This approval shall cease upon Council giving notice thereof to the Approval

Holder in the event that Rental is in arrears for a period of 7 days or more or in the event that the Approval Holder does not comply with any conditions of the Approval.

6.2 The Approval shall automatically cease in the event that the Approval Holder is no

longer the owner, lessee or occupant of the adjoining restaurant / café or if the adjoining premises cease to be used as a restaurant / café.

6.3 Notwithstanding any other condition of the Approval, the Approval shall cease

upon Council giving seven (7) days notice thereof to the Approval Holder and in that event the Approval Holder shall not be entitled to compensation other than reimbursement of any Rental paid in advance.

6.4 Upon the cessation of the Approval the Approval Holder will, at its own expense

and if so requested by Council, demolish and / or remove from the Land any improvements erected or placed thereon by the Approval Holder to the satisfaction of the Council within one (1) month after receiving notice from the Council to do so. If the Approval Holder fails to demolish and / or remove the improvements, the Council may without prejudice to any of the powers vested in it by its agents or employees or contractors enter upon the Land and demolish and/or remove such improvements and do all things necessary and incidental thereto. All costs and expenses incurred by the Council in connection with the same shall be payable to the Council by the Approval Holder on demand and shall be recoverable by the Council as a liquidated debt owing to it. The Council may, if it thinks fit, sell materials resulting from the demolition and / or removal upon such terms as it thinks fit and may apply the proceeds of any sale thereof towards payment of the costs and expenses incurred by it in connection with any such demolition and / or removal and the certificate of the General Manager of the Council as to such amount shall be conclusive and binding on the Approval Holder.

6.5 This Approval is personal to the Approval Holder. Should the Approval Holder sell

or assign its interest in the adjoining restaurant / café any prospective purchaser / assignee shall have no claim nor guarantee that the part of the footway the subject of the Approval may be used for the purpose of the restaurant / café. Any prospective purchaser/assignee will be required to make separate application to Council for approval to use the part of the footway the subject of the Approval.

6.6 Upon cessation of this approval, the Approval Holder agrees that Council may

remove any furniture, such removal to be at the Approval Holder’s own expense.



November 2009.



4 RYDE EX-SERVICES CLUB - FLAG POLES

Report prepared by: Senior Engineer - Investigations Report dated: 9/10/2009 File No.: GRP/09/3/6 - BP09/802

Report Summary The flagpoles outside the Ryde Ex-Services Club require replacement and a request has been made for Council to fund the work. The report proposes this funding be allocated from an Operational budget. Background The Ryde Ex-Services Memorial and Community Club Ltd has written to Councillor Tagg requesting the restoration or replacement of the flag poles at the front of the Club in the cenotaph area. They state that the poles are very old and potentially dangerous. The General Manager of the Club also states that “the Club in good faith has been maintaining this area for many years at our own cost and rarely asks for anything in return. Due to the financial status of Clubs at this present moment I would request that Council please look at replacing or restoring the flag poles with some new ones. This is a popular area for visitors and an important part of the cultural history of Ryde.” The cenotaph was built in 1961, with Council contributing to 50% of the cost of construction. No reference could be located on file as to whether the flagpoles were part of the original construction. In 1987, Council spent $8,000 extending the cenotaph garden around the Cowell Street cul-de-sac, and accepted the offer of the Ex-Services Club to maintain the garden. Report There are three flag poles at the cenotaph at the intersection of Victoria Road and Cowell Street. Two are made of timber and one of steel. The steel pole is in good condition and is secured between steel “U” channels into the ground. The two timber poles are both spliced about 1.5m above the ground, indicating previous replacement of the base pole, which is secured into the ground with rusted steel angle. The poles both above and below the splice are now at an advanced stage of decay, and require total replacement.



The cenotaph and flag poles are within the public road reserve, and hence Council may make a contribution to the area as if it were their asset. The order of cost to supply and install two new six (6) m high tapered white powder coated poles is $2,500 and replacement is recommended. Consultation Internal Council business units consulted included:- • Not applicable. Internal Workshops held:- • Not applicable. City of Ryde Advisory Committees consulted included:- • Not applicable. External public consultation included:- • Not applicable. Comments Not applicable Critical Dates The following deadlines are required to be met: • There are no critical dates or deadlines to be met. Management Plan Budget / Linkages This project is not included in the current Management Plan 2009-2013. Relationship to Key Outcome Areas



The cenotaph is the focal point of remembrance of those who lost their lives in the service of their country, and the location of the cultural commemorations.



November 2009.



The visual appearance as well as public safety due to the instability of the existing flagpoles warrants action on this matter.



Financial Impact It is estimated that the total cost of the project is $2,500. This project is not provided for in the current budget 2009/10 but could be funded from the Access Unit Town Centre and Public Domain Operations budget. The on-going cost of maintaining this equipment should be the responsibility of the Ryde Ex-Services Club. Policy Implications There are no policy implications through adoption of the recommendation. Other Options Cutting off the lower 2m of the timber flagpoles and splicing onto a new base unit was considered, but this option was rejected due to the advanced state of decay in the timber, and further cuts would have reduced the height of the flagpole. Conclusion Replacement of the timber flagpoles is required on safety grounds due to the extent of decay, and as the cenotaph is within the public road reserve, the replacement costs can be met by Council. RECOMMENDATION: (a) That the report of the Senior Engineer - Investigations, dated 9/10/2009 on RYDE

EX-SERVICES CLUB - FLAG POLES, be received and noted. (b) That the two (2) timber flagpoles at the cenotaph on Victoria Road outside the

Ryde Ex-Services Club be replaced at an estimated cost of $2,500 with the project costed to the Access Unit Town Centre and Public Domain Operation budget.

(c) That the Ryde Ex-Services Club be requested meet the on-going cost of maintenance of the new flagpoles.

November 2009.



ATTACHMENTS There are no attachments for this report. Report Prepared By: Russell Nash Senior Engineer - Investigations Report Approved By: Andrew Cooper Manager - Access Kim Woodbury Group Manager - Public Works



5 153 ROWE STREET EASTWOOD - USE OF PORTION OF ROADWAY


Report Summary To recommend an Approval under the Roads Act, 1993 of a 20 m2 portion of Rowe Street outside Michel’s Patisserie at 153 Rowe Street, Eastwood. Background Since 1 July 2000, Michel’s Patisserie at 153 Rowe Street, Eastwood, has utilised a

portion of Rowe Street. An area of 20m2 was approved under Development Consent 201/2000 to be utilised for outdoor dining by the placing of five (5) tables and twenty (20) chairs. The approval was subject to various conditions that included entering into an agreement with Council pursuant to Section 125 of the Roads Act, 1993. Report Jonamill Pty Ltd has requested Council grant an Approval to continue utilising the area for outdoor dining for a period of 3 years commencing on 1 July 2009. Under the Outdoor Dining Policy that came into effect in November 2006, the applicant is permitted to place five (5) tables and twenty (20) chairs in the area. A commencing rental of $4,840.00 per annum (GST inclusive), subject to annual CPI increase at each anniversary, is applicable in terms of the rates to be charged from the Management Plan 2009-13. The Group Manager – Public Works raises no objections to the proposed outdoor dining in this area under terms and conditions similar to those contained within other Outdoor Dining approvals within the City of Ryde. See ATTACHED standard conditions. Consultation Internal Council business units consulted included:- • Public Works Group • Urban Planning Internal Workshops held:- • Not Applicable City of Ryde Advisory Committees consulted included:- • Not Applicable External public consultation included:- • Not Applicable

















November 2009.



The utilisation of this area of public domain is in compliance with the Roads Act, 1993. Financial Impact Income generated through the use of this area of Rowe Street is budgeted within the Operating Income forecast for the Buildings and Property Unit. Policy Implications The recommendation is consistent with Council’s Footpath Activity Policy November 2006, Outdoor Dining Policy November 2006 and Management Plan 2009-2013, as well as the draft Outdoor Dining Policy. Conclusion Approval for Outdoor Dining is recommended. RECOMMENDATION: (a) That the report of the Property Officer, dated 12/10/2009 on 153 ROWE

STREET EASTWOOD - USE OF PORTION OF ROADWAY, be received and noted.

(b) That an approval for three years from 1 July 2009 be granted under the Roads

Act, 1993 for the purposes of outdoor dining of an area of approximately 20m2 of Rowe Street in front of 153 Rowe Street, Eastwood at a commencing rental of $4,840.00 per annum (GST inclusive), subject to the conditions of approval attached.

ATTACHMENTS 1 Conditions of Approval 153 Rowe Street2 Outdoor Dining Plan 153 Rowe Street Report Prepared By: Anabelle Nader Property Officer Report Approved By: Michael Betts Manager - Buildings and Property Kim Woodbury Group Manager - Public Works



CONDITIONS OF APPROVAL: That pursuant to section 125 of the Roads Act 1993 Approval be granted to Jonamill Pty Ltd, proprietor of Michel’s Patisserie to use 20 m² in front of 153 Rowe Street, Eastwood for outdoor dining for a period of 3 years, commencing on 1 July 2009, subject to the following conditions of approval.

TERM 1.1 The approval is granted to Jonamill Pty Ltd trading as Michel’s Patisserie “the

Approval Holder” for a term of three (3) years commencing on the 1 July 2009, and ceasing on the 30 June 2012.








nature of rent (“the Rental”) to the Council. 2.2 The Rental payable for the period from 1 July 2009 shall be $4,840.00 (GST

Inclusive) per annum payable by monthly installments of $403.33 in advance to the Council or as it may direct.


















5.2 No more than five (5) tables and twenty (20) chairs. 5.3 Installation of any further or replacement outdoor furniture must be approved by









































November 2009.



6 FEES AND CHARGES FOR SCHOOLS USE OF PASSIVE PARKS AND NATURAL AREAS

Report prepared by: Recreation Co-ordinator Report dated: 13/10/2009 File No.: GRP/09/6/6 - BP09/817

Report Summary This report will recommend that requests from City of Ryde schools for the hire of passive parks during school hours for schools activities be subject to the same conditions and fee structure as for City of Ryde sportsgrounds (ie. that no fees be charged for schools located in the City of Ryde). Background Council recently received an enquiry regarding the hire of an area of Putney Park by North Ryde Public School for a date in December 2009. In response to the enquiry, it was realised that this hire would incur a fee, as an event, under the current Schedule of Fees and Charges, listed in the Management Plan. Report Under the current (2009/10) Schedule of Fees and Charges within the Management Plan, City of Ryde schools do pay a bond, but do not pay a hire fee, for the use of Council sportsgrounds. However they are required to pay a hire fee for the use of passive or natural area parks for school related activities. It is not the intent of Council to charge City of Ryde schools for the use of any of its open spaces for school related activities during school hours. It is proposed that in the immediate term, requests from City of Ryde schools for the use of passive and natural area parks are treated in a consistent manner to schools requests for the use of sportsgrounds for which a bond, but no hire fee, is charged. To provide a longer term solution, staff will recommend changes to the draft 2010/11 Schedule of Fees and Charges to include identical treatment of all open spaces to sportsgrounds. For larger events, schools would need to be responsible for costs associated with additional infrastructure at the site over and above that provided by Council to cater for their specific needs, such as waste services and portaloos. Consultation Internal Council business units consulted included:- • Not applicable Internal Workshops held:- • Not applicable External public consultation included:- • North Ryde Public School Comments



North Ryde Public School indicated that had not anticipated being charged for the use of a park. Critical Dates The school wish to know the outcome of this report as it will determine their decision to hold their activity in December 2009. Management Plan Budget / Linkages This project forms part of the 2009/2010 Operational Budget for (Action Plan Group). Relationship to Key Outcome Areas



The proposal to treat schools applications for the use of passive and natural area parks in a similar way to sportsgrounds will facilitate greater use of Council facilities for educational purposes.

Assets This matter has no direct relationship to this key outcome area.




G5 Compliance with all legislative requirements and statutory obligations. The proposal is consistent with treatment of school activities in neighbouring local council areas and will ensure compliance the legislative requirements of the Local Government Act 1993. Financial Impact Adoption of the option outlined in this report will have no financial impact as Public Schools will be very unlikely to pay hire fees for the use of open spaces for school related activities. There will be no on-going costs of maintaining this proposal. Policy Implications

November 2009.



The recommendation is consistent with the provision of the Local Government Act 1993 and other Council policy for the use of parks by City of Ryde schools. Other Options Council may decide not to waive the fees for schools hire of passive and natural area parks. Conclusion Requests from City of Ryde schools for the use of passive and natural area parks should be treated in a consistent manner to schools requests for the use of sportsgrounds. This requires a bond, but no hire fee, be charged. Schools would need to be responsible for costs associated with additional infrastructure at the site over and above that provided by Council to cater for their specific needs. This issue will be incorporated into the 2010/11 Schedule of Fees and Charges. RECOMMENDATION:

(a) That the report of the Recreation Co-ordinator, dated 13/10/2009 on FEES AND CHARGES FOR SCHOOLS USE OF PASSIVE PARKS AND NATURAL AREAS, be received and noted.

(b) That City of Ryde schools not be charged for the hire fee of Council’s parks

for school related activities during school hours. A refundable bond, as per the Management Plan will be charged, along with any additional costs incurred by Council.

(c) That the 2010/11 Schedule of Fees and Charges include the same rate for

schools for use of sportsgrounds, passive parks and natural areas. ATTACHMENTS There are no attachments for this report. Report Prepared By: Peter Montague Recreation Co-ordinator Report Approved By: Peter Hickman Manager - Open Space Maxine Kenyon Acting Group Manager - Community Life



7 28 BLENHEIM ROAD, NORTH RYDE-Proposed Use of a Portion of Roadway


Report Summary To recommend an Approval under the Roads Act, 1993 of a 6m2 portion of Blenheim Road outside North Ryde Bread Shop at 28 Blenheim Road, North Ryde. Background Since 1 October 2002, North Ryde Bread Shop has utilised a portion of Blenheim Road for outdoor dining. An area of 6m2 was approved under Development Consent 639/2002 to be utilised for outdoor dining by the placing of two (2) tables and six (6) chairs. The approval was subject to various conditions that included entering into an agreement with Council pursuant to Section 125 of the Roads Act, 1993. Report Mr Colin Lor has requested Council grant an Approval to continue utilising the area for outdoor dining for a period of 3 years commencing on 1 October 2009. Under the Outdoor Dining Policy that came into effect in November 2006, the applicant is permitted to place two (2) tables and six (6) chairs in the area. A commencing rental of $810.00 per annum (GST inclusive), subject to annual CPI increase at each anniversary, is applicable in terms of the rates to be charged from the Management Plan 2009-13. The Group Manager – Public Works raises no objections to the proposed outdoor dining in this area under terms and conditions similar to those contained within other Outdoor Dining approvals within the City of Ryde. See ATTACHED standard conditions. Consultation Internal Council business units consulted included:- • Public Works Group • Urban Planning Internal Workshops held:- • Not Applicable City of Ryde Advisory Committees consulted included:- • Not Applicable External public consultation included:- • Not Applicable

















November 2009.



The utilisation of this area of public domain is in compliance with the Roads Act, 1993. Financial Impact Income generated through the use of this area of 28 Blenheim Road is budgeted within the Operating Income forecast for the Buildings and Property Unit. Policy Implications The recommendation is consistent with Council’s Footpath Activity Policy November 2006, Outdoor Dining Policy November 2006 and Management Plan 2009-2013, as well as the draft Outdoor Dining Policy. Conclusion Approval for Outdoor Dining is recommended. RECOMMENDATION: (a) That the report of the Property Officer, dated 15/10/2009 on 28 BLENHEIM

ROAD, NORTH RYDE-Proposed Use of a Portion of Roadway, be received and noted.

(b) That an approval for three years from 1 October 2009 be granted under the

Roads Act, 1993 for the purposes of outdoor dining of an area of approximately 6m2 of Blenheim Road in front of 29 Blenheim Road, North Ryde at a commencing rental of $810.00 per annum (GST inclusive), subject to the conditions of approval attached.

ATTACHMENTS 1 Conditions of Approval 28 Blenheim Road2 Outdoor Dining Plan 28 Blenheim Road Report Prepared By: Anabelle Nader Property Officer Report Approved By: Michael Betts Manager - Buildings and Property Kim Woodbury Group Manager - Public Works



CONDITIONS OF APPROVAL: That pursuant to section 125 of the Roads Act 1993 Approval be granted to Mr Colin Lor, proprietor of North Ryde Bread Shop to use 6 m² in front of 28 Blenheim Road, North Ryde for outdoor dining for a period of 3 years, commencing on 1 October 2009, subject to the following conditions of approval.

TERM 1.1 The approval is granted to Mr Colin Lor trading as North Ryde Bread Shop “the

Approval Holder” for a term of three (3) years commencing on the 1 October 2009, and ceasing on the 30 September 2012.








nature of rent (“the Rental”) to the Council. 2.2 The Rental payable for the period from 18 September 2009 shall be $810.00

(GST Inclusive) per annum payable by monthly installments of $67.50 in advance to the Council or as it may direct.


















5.2 No more than two (2) tables and six (6) chairs. 5.3 Installation of any further or replacement outdoor furniture must be approved by









































November 2009.



8 REQUEST FOR REMOVAL OF STREET TREES- 67 Eastview Avenue, North Ryde

Report prepared by: Manager - Open Space Report dated: 19/10/2009 File No.: GRP/09/4/6 - BP09/837

INSPECTION

Deferred Item At it’s meeting on 13 October 2009, Council considered the report of Manager, Open Space, dated 21 September 2009 and resolved as follows: “(a) That the report of the Manager - Open Space, dated 21/09/2009; REQUEST

FOR REMOVAL OF STREET TREES - 67 Eastview Avenue, North Ryde, be received and noted.

(b) That this item be deferred to provide for an inspection by the Works and

Community Committee. Record of Voting: For the Motion: Unanimous” Therefore, report is submitted to Works and Community Committee of 3 November 2009, as follows: Report Summary Council has had a request from the owners of 67 Eastview Avenue, North Ryde, for the removal of two Jacaranda mimosifolia (Jacaranda) on the nature strip of the above property. The report reviews the basis for the request and Council policy in its consideration and recommends the retention of the trees. Background Requests regarding removal of the two Jacarandas on the nature strip at 67 Eastview Avenue, North Ryde were first received in mid 2006. Subsequent requests were received in 2008 and 2009 each requesting the removal of the two Jacarandas for the following reasons;

• Shading of the house. The trees are on the north side of the house and keep the house cool.

• The roots potentially damaging sewer pipes. As the requests were not supported by any expert advice, only some pruning of the trees away from private property has been completed after each request. Report Council has recently received a further request, through a Councillor, for reconsideration of previous decisions.



Council has adopted the Development Control Plan 2008 which includes in Part 9.6; “that the following reasons shall not generally be considered as valid reasons to remove a tree”, unless the tree is mentioned as being exempt (Jacaranda trees are not exempt from the policy);

• To erect a front fence, internal fence or a fence a public reserve • To avoid leaf drop into gutter, downpipes or pools • To increase natural light • To enhance views • To reduce shade • To reduce fruit, resin or bird droppings • Minor lifting of driveways or paths • Unapproved bushfire control • Potential damage to sewer mains without written expert advice.

The trees were inspected by Council’s Tree Management and Engineering staff who reported the following; Tree Management This street was planted with Ulmus parvifolia (Chinese Elm) two years ago and these two healthy Jacaranda trees are the only remaining mature trees in the streetscape. During the site visit on the 14 July 2009 the issues of pipe blockage were discussed. The property owner stated he had been living at this property for 35 years and the trees were present when he moved into the property. There had been two blockages of the sewer during this 35 year time frame. The pipes are old terracotta pipes and quite damaged, some sections have been replaced with PVC. Tree roots do not commonly actively break pipes but rather are opportunistic and seek water and nutrients where available. Pruning was offered but the owner stated he wished for complete removal. Regular pruning works also occur on these trees for deadwood removal and maintenance reasons. The main concern with these trees from the owner is shading of the property, leaf drop and the intrusion into sewer pipes. These reasons are outside of Council’s Tree Preservation Policy as outlined in the DCP 2008 which does not support the removal of healthy or vigorous trees. These trees may also have been place here as part of the historic ‘giving of seeding Jacaranda’s’ by Ryde’s hospital when new babies were born. Engineering The inspection on 15 September observed that there was no damage to footpath by roots. The report also noted there was no evidence supplied of current damage to sewer pipes and the area that had been invaded by roots had been replaced with PVC.



Consultation Internal Council business units consulted included:- • Public Works Internal Workshops held:- • Not applicable. City of Ryde Advisory Committees consulted included:- • Not applicable. External public consultation included:- • Not applicable. Comments The trees have been subject to regular inspection following regular requests from the owner of the neighbouring property. A number of Tree Management staff and Engineering staff have inspected the trees on different occasions and found there is no basis for the removal of the two Jacarandas. Critical Dates There are no critical dates or deadlines to be met. Management Plan Budget / Linkages This project forms part of the 2009/2010 Operational Budget for Operations. Relationship to Key Outcome Areas

People This matter has no direct relationship to this key outcome area.



The trees make a significant contribution to the streetscape and will do so until the recently planted street trees become more established.

Environment This project meets the following key outcomes for Environment (set out on page 69 of the Management Plan 2009-2013):

E5 A leafy City through parks, gardens, trees and the built environment. Retention of the trees shows a commitment to the retention of trees in the public domain and is consistent with the adopted DCP 2008.

November 2009.




Financial Impact Adoption of the options outlined in this report will have no financial impact. If Council resolve to to remove the tree this will cost $5,000 and funds will need to be alloacted through the September Quarterly Review. Policy Implications The recommendation is consistent with Council’s Tree Preservation policies. Other Options Council may decide to deviate from the guidelines set out in DCP 2008, and approve the removal of the trees. This action will require funds to be allocated through the September Quarterly Review. Conclusion Given existing Council policy, the vigorous health of the trees and their contribution to the streetscape, staff are unable to recommend any further maintenance to the trees than minor pruning away from private property. RECOMMENDATION: (a) That the report of the Manager - Open Space, dated 19/10/2009; REQUEST

FOR REMOVAL OF STREET TREES- 67 Eastview Avenue, North Ryde, be received and noted.

(b) That the two Jacarandas on the nature strip at 67 Eastview Avenue be retained. (c) That the residents of 67 Eastview Avenue be advised of Council’s resolution on the matter. ATTACHMENTS 1 67 Eastview Jacaranda Report Prepared By: Peter Hickman Manager - Open Space Report Approved By: Maxine Kenyon

November 2009.



Acting Group Manager - Community Life



November 2009.

Documents

Works and Community Committee...2009/11/03 · Works and Community Committee Report Page 6 ITEM 2 (continued) Agenda of the Works and Community Committee Report No. 3/09, dated Tuesday