4 October 2012

 

 

 

 

 

 

 

 

 

 

 

 

Dear Councillor/Sir/Madam

 

You are invited to attend an ORDINARY MEETING of Ashfield Council, to be held in the Council Chambers, Level 6, Civic Centre, 260 Liverpool Road, Ashfield on TUESDAY 

9 OCTOBER 2012 at 6:30 PM.

 

 

 

 

 

 

 

 

 

 

 

SEE ATTACHED AGENDA


 

Ordinary Meeting - 9 October 2012

 

AGENDA

 

1.               Opening

 

2.               Acknowledgement of Local Aboriginal Community

 

3.               Apologies/Request for Leave of Absence

                   

4.               Condolence and Sympathy Motions

 

5.               Moment of Private Contemplation

 

6.               Disclosures Of Interest

 

Disclosures to be made by any Councillors who have a pecuniary / non-pecuniary interest in respect of matters that are before Council at this meeting.

(09/10/2012)

 

7.               Confirmation of Minutes of Council/Committees

 

Ordinary Meeting - 28/08/2012

Ashfield Youth Committee – 20/08/2012

 

8.               Mayoral Minutes

 

MM23/2012  MAINTAINING THE FORECOURT OF THE ASHFIELD CIVIC CENTRE AND ASHFIELD MALL AND SURROUNDS

 

MM24/2012  DEATH OF RON PATE OBE OAM

 

 

9.               Notices of Motion

 

NM38/2012  COUNCILLOR SEATING AT COUNCIL MEETINGS

 

NM39/2012  TREE POLICY

 

NM40/2012  STREET SWEEPING, WEED CONTROL

 

 

10.            Staff Reports

 

10.1     DEVELOPMENT APPLICATION: 10.2012.169.1
13 ALT STREET, ASHFIELD

 

10.2     DEVELOPMENT APPLICATION: 10.2012.186.1
42 LIVERPOOL ROAD, SUMMER HILL

 

10.3     COUNCIL STANDING COMMITTEES - Terms of Reference

 

10.4     STANDING COMMITTEES - Appointment of Councillor Members to Standing Committees

 

10.5     ADVISORY & EXTERNAL COMMITTEES - Appointment of Delegates

 

10.6     REVISED FILMING IN ASHFIELD POLICY

 

10.7     COMMERCIAL STREET VENDING AND MOBILE VENDING VEHICLES POLICY

 

10.8     COUNCILLOR EXPENSES AND FACILITIES POLICY

 

10.9     INVESTMENT REPORT AUGUST 2012

 

10.10   DRAFT FINANCIAL STATEMENTS FOR 2011/12

 

10.11   INTERNAL AUDIT COMMITTEE UPDATE - July 2012

 

10.12   IPART Local Government compliance and enforcement review

 

 

11.            General Business

 

 

 

12.            Closed (Public Excluded) Committee

 

12.1     LEGAL ADVICE - Unauthorised Tree Removal               2-32 Smith Street, Summer Hill

 

 

13.            Close

 

 

 


Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 MM23/2012

Ashfield Civic Centre

MAYORAL MINUTE

 

MAINTAINING THE FORECOURT OF THE ASHFIELD CIVIC CENTRE AND ASHFIELD MALL AND SURROUNDS

       

 

The Civic Centre forecourt, despite being relatively new, is already looking tired with dirty and grotty tiling. Ashfield Mall’s forecourt is worse with dangerous and unsightly pathways and brickwork. There are also loose or missing tiles in this precinct, including the footpath along the Town Hall.

 

I have received a lot of feedback and requests from residents to improve these forecourts urgently as they are unsafe and should be the symbolic hubs of Ashfield.

 

 

 

ATTACHMENTS

There are no supporting documents for this report.

 

RECOMMENDATION

 

 

1/3       That the loose and missing tiles in this precinct are urgently repaired or replaced, as appropriate.

 

2/3       That an action plan be drawn up by Council’s officers to improve and maintain the safety and presentation of these areas.

 

3/3       That Ashfield Council seek a commitment from the management of Ashfield Mall to address the issues with the Mall’s forecourt as a matter of priority.

 

 

 

 

 

    

 

COUNCILLOR M MANSOUR

Mayor

 

 

 


Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 MM24/2012

Public Relations>Condolence

MAYORAL MINUTE

 

DEATH OF RON PATE OBE OAM

       

 

It is with deep regret that I advise Councillors of the recent passing of Ron Pate OBE OAM aged 89.

 

Mr Pate was a Councillor (Alderman) on Canterbury Council from 1956 to 1965. He served as Mayor in 1962.

 

He was an active community member, Rotarian and Scout master. He was a member of National Council of the Scout Association of Australia, and rose to the rank of Chief Scout Commissioner, a position he held for six from 1976-1982. Upon his retirement, he was appointed Life Councillor by the NSW Branch.

 

For services to the community and to Youth, Ron was awarded the Order of the British Empire (OBE) and for his service to the community particularly through the Scouting Movement, Rotary International and the Royal Freemasons’ Benevolent Institution of NSW he was awarded the Order of Australia (OAM).

 

He will be sadly missed by his family and friends.

 

 

ATTACHMENTS

There are no supporting documents for this report.

 

RECOMMENDATION

 

That a letter of condolence be sent to Mrs Enid Pate.

 

 

 

 

 

    

 

COUNCILLOR M MANSOUR

Mayor

 

 

  


Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 NM38/2012

Council Meetings

NOTICE OF MOTION OF WHICH DUE NOTICE HAS BEEN GIVEN BY

 

COUNCILLOR Lucille McKenna

 

 

COUNCILLOR SEATING AT COUNCIL MEETINGS

     

 

To move Notice of Motion No. NM38/2012

 

 

Councillors at Ashfield have traditionally been grouped around the horseshoe by wards.

 

Councillors at other councils such as Leichhardt and Marrickville are seated in political groups.

 

 

 

 

ATTACHMENTS

There are no supporting documents for this report.

 

Accordingly, I move:-

 

That Ashfield Councillors be seated in their political groups.

 

 

 

 

 

 

 

 

 

Lucille McKenna

 

 

 

 

 


Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 NM39/2012

Trees

NOTICE OF MOTION OF WHICH DUE NOTICE HAS BEEN GIVEN BY

 

COUNCILLORS Alex Lofts, Caroline Stott, Lucille McKenna, Mark Drury and Jeanette Wang

 

 

TREE POLICY

     

 

To move Notice of Motion No. NM39/2012

 

Councillors would be aware that there have been some circumstances where trees are causing significant damage to structures such as houses, other buildings and fences. One case brought to the attention of all Councillors illustrates how a camphor laurel lifted a neighbour's driveway, blocking an elderly woman's access to her garage.

Our tree preservation policy has served well in the greening of our suburbs and it is supported by the majority of residents. We need to preserve the integrity of this policy. However, there are circumstances of obvious damage to buildings/fences/driveways/footpaths where our officers should be able to use their discretion, without putting residents to the expense of commissioning arborists or engineers' reports.

The following motion seeks to clarify how the policy can be applied or adjusted, to allow for discretion by officers when trees, unfortunately, may have to be removed and replaced by a more appropriate species, to preserve the integrity of a structure.


 

 

ATTACHMENTS

There are no supporting documents for this report.

 

Accordingly, we move:-


That a report be brought back to Council within 8 weeks which discusses what changes, if any, are needed to allow our officers the discretion to permit the removal of trees which are causing obvious damage, without the need for residents to commission an arborist/engineer's report.

 

Alex Lofts

 

 

Caroline Stott

 

 

 

Lucille McKenna

 

Mark Drury

 

Jeanette Wang

 

 

 

 

 


Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 NM40/2012

Street Cleaning

NOTICE OF MOTION OF WHICH DUE NOTICE HAS BEEN GIVEN BY

 

COUNCILLORS Caroline Stott, Monica Wangmann, Lucille McKenna, Alex Lofts and Jeanette Wang

 

 

STREET SWEEPING, WEED CONTROL

     

 

To move Notice of Motion No. NM40/2012

 

Our residents expect Council to keep their streets clean and tidy and Council has a responsibility to do this. Apart from rubbish collection, this requires frequent street sweeping and weed control.

Streets with more trees will require more frequent sweeping, especially at leaf-drop season and this varies from street to street.

Many residents keep the street frontage of their properties clean and tidy, manage leaf drop and regularly weed and tidy around the street/footpath trees. This practice should be encouraged.

This Motion seeks a report to Council on how we may meet community expectations on the frequency of street cleaning, weed control and other initiatives to promote tidy streets.


 

ATTACHMENTS

There are no supporting documents for this report.

 

Accordingly, we move:-

 

1/3              That a report be brought back to Council within 8 weeks regarding - a)         the frequency of street cleaning;
b)     the frequency of weed control;
c)     a timetable for street sweeping and weed control be made            available to all Councillors;
d)     undertaking an audit of all streets, to ascertain which streets          need more frequent sweeping and/or weed control
;

 

2/3         Exploration of strategies to encourage community pride and resident participation;

 

3/3         The adequacy of the present budget allocation to address above issues.

 

 

 

 

 

 

 

 

 

 

Caroline Stott

 

 

 

Monica Wangmann

 

 

 

Lucille McKenna

 

 

 

Alex Lofts

 

 

 

Jeanette Wang

 

 

 

 

  


Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 CM10.1

Subject                            DEVELOPMENT APPLICATION: 10.2012.169.1
13 ALT STREET, ASHFIELD

 

File Ref                            DA 10.2012.169.

 

Prepared by                   Haroula Michael - Development Assessment Officer       

 

 

Reasons                          Matter referred to Council for determination via Councillor request

 

Objective                         For Council to determine the application

 

 

 


Overview of Report

 

1.0    Description of Proposal

 

Pursuant to Clause 78A(1) of the Environmental Planning and Assessment (EP&A) Act 1979 (as amended) this application seeks Council’s consent for the demolition of the existing garage and construction a detached secondary dwelling (granny flat) under the provisions of SEPP (Affordable Rental Housing) 2009 located behind the rear building line of the existing dwelling house, carport and boundary fencing.

 

The proposed secondary dwelling will have gross floor area approximately 43.8 square metres.

 

Plans of the proposal are included at Attachment 1.

 

2.0    Summary Recommendation

 

Whilst the proposed secondary dwelling (granny flat) has an area greater than 40 square metres (as permitted under the Houses and Dual Occupancies Development Control Plan Part C15 of the Ashfield DCP 2007), the proposal is within the area requirements of Division 2 (Secondary Dwellings) of the State Environmental Planning Policy (Affordable Rental Housing) 2009.

 

The provision of a detached dual occupancy, as opposed to an attached dual occupancy, fails to comply with Clause 3 of the Houses and Dual Occupancies Development Control Plan (Part C15 of the Ashfield DCP 2007), however, under clause 4 Council can consider a “granny flat” that is not an attached building providing it is no larger than 40sqm and is single storey. Although the secondary dwelling (granny flat) is greater than 40sqm and detached this form of development is generally acceptable and the development will not negatively impact on the existing streetscape and the provisions of the SEPP (Affordable Rental Housing) 2009 have been met.

 

Given the overall acceptability of the proposal, the development is recommended for conditional approval.


 

Background

 

On the 12 September 2012 a letter was sent to the applicant requesting additional information as follows:

 

1.         Shadow diagrams that address the requirements of Part C15 of Ashfield DCP 2007 are to be submitted. In this regard, the diagrams are to address both the existing and proposed shadow impacts.

 

Shadow diagrams have been provided for existing and proposed shadows for 9am, 12noon and 3pm.

 

2.         Concern is raised with respect to potential privacy impacts on the adjoining property from the glazed area on to the southern side of the secondary dwelling.   To address this concern, the window areas should be reduced in size or appropriate privacy screening measures implemented in the proposal.  Amended plans are to be submitted to address this. Please note that any changes to the window areas will require the BASIX certificate to be altered and commitments readdressed on the plans.

 

The proposed windows to the southern elevation of the secondary dwelling have been reduced in size and screen planting has been introduced adjacent to these windows.

 

3.         The plans indicate a scale of 1:100, however, this is not reflected when scaled off the drawings. Amended plans to the scale of 1:100 are to be provided.

 

The plans now scale to 1:100 as indicated on the plans.

 

4.         Clarification is required as to whether a gate shall be installed at the northern property boundary to screen the secondary dwelling from Ashfield Street.

 

An additional timber fence is to be constructed in front of the window to the northern elevation and carry to the side boundary fence, screening the window and part of the structure from the side street.

 

5.         It is indicated on the “Application for Approval” form that you wish to apply for a Construction Certificate concurrently with the Development Application. Council has not charged any fees for the Construction Certificate and should you wish to proceed with the Construction Certificate with Council, a fee of $872.70 (Construction Certificate application only) is required. Alternatively, please advise if you do not wish to proceed with the Construction Certificate application.

 

Payment has been received for the Construction Certificate application.


 

3.0    Application Details

 

Applicant                               :         Mrs S Luckock

Owner                                    :         Mr P R Luckock & Ms S Begum

Value of work                       :         $148,750.00

Lot/DP                                   :         LOT: 1 DP: 212955

Date lodged                          :         23/08/2012

Date of last amendment     :         19 September 2012*

Building classification        :         1a and 10a

Application Type                  :         Local

Construction Certificate     :         Yes

Section 94 Levy                   :         Yes

 

*Amended plans based on Council’s letter dated 12 September 2012.

 

4.0    Site and Surrounding Development

 

The subject site is located on the eastern side of Alt Street, bounded by Elizabeth Street to the north and on the corner of Ashfield Street located to the north. The site area is approximately 467.9 square metres.  An existing dwelling house is located on the site.  Surrounding development comprises of residential development.  Refer to Attachment 2 for a locality map.

 

5.0    Development History

 

Previous building and development applications submitted to Council for the subject site include:

 

NO.

DATE

PROPOSAL

DECISION

6.1962.4221

2/10/1962

Garage

Approved

 

The previous consent was noted in the assessment of this application.

 

Assessment

 

6.0    Zoning/Permissibility/Heritage

 

·    The site is zoned 2(a) - Residential under the provisions of Ashfield LEP 1985.

·    The property is not a heritage item.

·    The property is located within the vicinity of a heritage item identified as 20 and 22 Alt Street and 96 and 98 Elizabeth Street.

 

The proposed works are permissible with Council consent.


 

7.0    Section 79C Assessment

 

The following is an assessment of the application with regard to the heads of consideration under the provisions of Section 79C of the EP&A Act.

 

7.1    The provisions of any Environmental Planning Instrument

 

7.1.1 Local Environmental Plans

 

Ashfield Local Environmental Plan 1985 (as amended)

 

It is considered that the proposal complies with the provisions of the Ashfield LEP 1985.

 

7.1.2 Regional Environmental Plans

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

 

It is considered that the carrying out of the proposed development is generally consistent with the objectives of the Plan and would not have any adverse effect on environmental heritage, the visual environment, the natural environment and open space and recreation facilities.

 

7.1.3 State Environmental Planning Policies

 

State Environmental Planning Policy No. 1 – Development Standards

 

Not applicable.

 

State Environmental Planning Policy No. 55 – Remediation of land

 

Remediation of the site is not required prior to the carrying out of the proposed development.

 

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

 

Not applicable. The proposed works cannot be defined as ‘exempt’ or ‘complying’ development.


 

State Environmental Planning Policy (Affordable Rental Housing) 2009

 

Compliance Table - State Environmental Planning Policy

(Affordable Rental Housing) 2009

Division 2 Secondary dwellings

19   Definition

In this Division:

development for the purposes of a secondary dwelling includes the following:

(a)  the erection of, or alterations or additions to, a secondary dwelling,

(b)  alterations or additions to a principal dwelling for the purposes of a secondary dwelling.

Note. 

The standard instrument defines secondary dwelling as follows:

 

secondary dwelling means a self-contained dwelling that:

 

(a)  is established in conjunction with another dwelling (the principal dwelling), and

(b)  is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the principal dwelling, and

(c)  is located within, or is attached to, or is separate from, the principal dwelling.

The proposed development involves the construction of a detached secondary dwelling at the rear of the property in accordance with Clause No. 19(a).

 

20   Land to which Division applies

This Division applies to land within any of the following land use zones or within a land use zone that is equivalent to any of those zones, but only if development for the purposes of a dwelling house is permissible on the land:

(a)  Zone R1 General Residential,

(b)  Zone R2 Low Density Residential,

(c)  Zone R3 Medium Density Residential,

(d)  Zone R4 High Density Residential,

(e)  Zone R5 Large Lot Residential.

 

Complies. The property is zoned 2(a)-Residential which is equivalent to one of the zones under this Clause (R2 Low Density Residential as per the Draft LEP).

21   Development to which Division applies

This Division applies to development, on land to which this Division applies, for the purposes of a secondary dwelling.

 

The proposed development complies with the provisions of Clause No. 21 of the SEPP.

 

 

 

22   Development may be carried out with consent

(1)        Development to which this Division applies      may be carried out with consent.

 

(2)           A consent authority must not consent to development to which this Division applies if there is on the land, or if the development would result in there being on the land, any dwelling other than the principal dwelling and the secondary dwelling.

 

(3)           A consent authority must not consent to development to which this Division applies unless:

 

             (a)  the total floor area of the principal              dwelling and the secondary dwelling is no              more than the maximum floor area allowed              for a dwelling house on the land under              another environmental planning              instrument, and

 

(b)  the total floor area of the secondary              dwelling is no more than 60 square metres              or, if a greater floor area is permitted in              respect of a secondary dwelling on the              land under another environmental planning              instrument, that greater floor area.

(4) 

(4)        A consent authority must not refuse

consent to development to which this Division applies on either of the following grounds:

 

(a)  site area

if:

(i)  the secondary dwelling is located

within, or is attached to, the principal

dwelling, or

(ii)  the site area is at least 450

Square metres,

 

(b)  parking
if no additional parking is to be provided on the site.

 

(5)        A consent authority may consent to              development to which this Division applies whether or not the development complies with the standards set out in subclause (4).

 

The proposed development involves the construction of a detached secondary dwelling at the rear of the property and will result in two dwellings, the principle dwelling and the secondary dwelling. As such the proposal complies with the requirements of Clause No. 22(1) & (2)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The proposed secondary dwelling has a Gross Floor Area of 43.8m² and the dwelling has a gross floor area of approximately 129.3sqm which will result in a floor space ratio of 0.37:1 which complies with the provisions of Clause No. 22(3)(b) of the SEPP.

 

The secondary dwelling is not located within or attached to the principal dwelling, however, despite being detached and located within the rear yard the proposal is acceptable.

 

The total site area as indicated on the survey plan submitted as part of this application is 467.9m². The proposal complies with the requirements of 22(4)(a)(ii);

 

The proposal includes the provision of a new car parking space (i.e. to a carport) which will replace the garage to be demolished. Council is unable to refuse consent to an application on parking grounds – even where no overall increase in car parking is proposed.

23   Complying development

(1)  Development for the purposes of a secondary dwelling (other than development referred to in subclause (2)) is complying development if the development:

 

(a)  General requirements

meets the general requirements for complying development set out in clause 1.18 (1) and (2) of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, and

 

(b)  Land-based requirements

is on a lot that does not include any land referred to in clause 1.19 of that Policy, and

 

(c)  Specified development

is on land in Zone R1, R2, R3 or R4 or a land use zone that is equivalent to any of those zones, and

(d)  is on a lot that has an area of at least 450 square metres, and

 

(e)  does not involve the erection of a basement or alterations or addition to an existing basement, and

 

(f)  does not involve the erection of a roof terrace on the topmost roof of a building or alterations or addition to any such existing terrace, and

(g)  Development standards

satisfies the development standards set out in Schedule 1.

 

(2)  Development for the purposes of a secondary dwelling that is located entirely within an existing dwelling house is complying development if the development:

 

(a)  General requirements

meets the relevant provisions of the Building Code of Australia, and

(b)  Land-based requirements

is on a lot that does not include any:

(i)  land that is an environmentally sensitive area within the meaning of clause 1.19 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, or

(ii)  land that comprises, or on which there is, a heritage item or a draft heritage item within the meaning of that Policy, and

(c)  Specified development

is on land in Zone R1, R2, R3 or R4 or a land use zone that is equivalent to any of those zones, and

(d)  involves no external alterations to the principal dwelling other than the provision of an additional entrance, and

(e)  does not involve the erection of a basement or alterations or addition to an existing basement, and

(f)  does not involve the erection of a roof terrace on the topmost roof of a building or alterations or addition to any such existing terrace, and

(g)  Development standards

will not result in there being on the land, any dwelling other than the principal dwelling and the secondary dwelling, and

(h)  will not result in the floor area of the secondary dwelling being more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, being more than that greater floor area.

 

(3)  If a secondary dwelling is to be built at the same time as a principal dwelling, the building of both dwellings and any ancillary development on the lot may be carried out as a single complying development if:

 

(a)  the building of the secondary dwelling can be carried out as complying development under this Division, and

(b)  the building of the principal dwelling and any ancillary development can be carried out as complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

 

(4)  In determining whether a principal dwelling (when built at the same time as a secondary dwelling) can be carried out as complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the secondary dwelling is not to be taken into account.

Note. This means that the principal dwelling would be considered to be a dwelling house (a building containing only one dwelling) for the purposes of that Policy even if the secondary dwelling were within it or attached to it.

 

(5)  A complying development certificate for development that is complying development under this Division is subject to the conditions specified in Division 3 of Part 3 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 except that the reference in clause 3.44 (1) of that Policy to a dwelling house is taken to be a reference to a principal dwelling or a secondary dwelling.

 

Note. Principal and secondary dwellings will be classified as class 1a or class 2 under the Building Code of Australia depending on the configuration of those dwellings.

 

Not applicable.

24   No subdivision

A consent authority must not consent to a development application that would result in any subdivision of a lot on which development for the purposes of a secondary dwelling has been carried out under this Division.

The proposed development does not seek subdivision of any type and this will be reinforced with a condition of consent.

 


 

7.2       The provisions of any Draft Environmental Planning Instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority.

 

Draft Ashfield Local Environmental Plan 2012 (Draft ALEP 2012) was placed on public exhibition on 27 June 2012 and is a matter for consideration. The following table summarises the compliance of the application.

 

Draft Ashfield Local Environmental Plan 2012

Summary Compliance Table

Clause No.

Clause

Standard

Proposed

Compliance

2.2

Zoning

Zone R2 Low Density Residential

Secondary dwelling and carport

Yes

4.1

Minimum subdivision lot size

500m2

467.9m2 (existing allotment area)

No

4.3

Height of buildings

8.5m

4.2m

Yes

4.4

Floor space ratio

0.7:1

0.33:1

Yes

5.10

Heritage Conservation

N/A

5.10(4)

Effect on heritage significance

The consent authority may, before granting consent to any development:

(a)        on land on which a heritage item is located, or

(b)        on land that is within a heritage conservation area, or

(c)        on land that is within the vicinity of land referred to in paragraph (a) or (b),

 

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

Council's Heritage Adviser did not raise any objections to the proposal and it is not expected to detract from the character or significance of the heritage items in its vicinity.

Yes

6.1(2)

Development in the Haberfield Heritage Conservation Area

Development consent must not be granted to development for the purposes of a dwelling house on land to which this clause applies unless the consent authority is satisfied that:

The subject site is not located within the Haberfield Heritage Conservation Area

N/A

 

As indicated by the above table, the proposal generally complies with the provisions of the Draft ALEP 2012.


 

7.3       The provisions of any Development Control Plan.

 

The proposal has been considered against the provisions of the Ashfield Development Control Plan (DCP) 2007:

 

C1

ACCESS AND MOBILITY

Not applicable to single dwellings or dual occupancies.

C11

PARKING

Two (2) parking spaces are required for dual occupancy (including granny flats) developments.

The site has an existing garage which is proposed to be demolished to allow for the construction of the secondary dwelling. However, the proposal includes a carport to accommodate one car space. Given that the property is to remain under the one title and that the secondary dwelling (granny flat) is to be used in conjunction with the dwelling house, one car space is considered acceptable in this instance.

C12

PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT

The proposal was notified as required by Council’s Public Notification DCP. Refer to Sections 7.7 and 7.7.1 of this report.

C15

HOUSES & DUAL OCCUPANCIES

Refer to comments below.

 

Part C15 Houses and Dual Occupancies:

 

Site Area:

467.9m2

Permissible FSR:

0.6:1

Proposed FSR:

0.37:1 (based on a gross floor area of approximately 173.06m2) – complies.

Permissible General Landscaping %:

45% of site area

Proposed General Landscaping %:

50% (based on an area of approximately 234.45m2) – complies.

Permissible Soft Landscaping/Deep Planting Area %:

70% of the minimum landscaped area.

Proposed Soft Landscaping/Deep Planting Area %:

92% (based on an area of approximately 193.35m2) – complies.

 

Section 6 of the Houses and Dual Occupancies DCP defines ‘granny flats’ as a “form of dual occupancy, being a self-contained dwelling which is no greater than 40m2 in area, is single-storey at ground level, usually providing housing for family members”. Granny flats may be detached from the main dwelling house, unlike standard dual occupancy developments. The proposed building fails to strictly meet this granny flat definition in that it has an area of approximately 44sqm. The additional gross floor area is not considered to adversely impact the amenity of the adjoining properties.


 

The application is also lodged and assessed under the provisions of SEPP Affordable Rental Housing 2009 which allows secondary dwellings up to 60 m2 floor area. Where an inconsistency exists between a local standard and a SEPP the SEPP prevails.

 

Scale and bulk

 

The proposed height and bulk is consistent with the built upon area in the locality.

 

The subject site has a maximum FSR requirement of 0.6:1. As a result of the proposed works the floor space ratio is (173.058sqm) 0.37:1 and therefore consistent with the ADCP 2007.

 

Aesthetics:

 

The Ashfield Development Control Plan requires new development to be sympathetic to the context of the site, and have a high standard of architectural composition. There are varying architectural forms of development within the vicinity of the site, comprising mainly single storey dwellings. The proposal is considered to be sympathetic in context to the adjoining dwellings and outbuildings within the vicinity and Ashfield Street which consists of a number of single storey garages and the rear gardens of the properties facing Elizabeth Street.

 

Front Fence: The proposal will retain the existing boundary fence along the northern elevation, with the inclusion of a new timber gate door and a new section of fence screening portion of the proposed secondary dwelling to the rear.

 

Landscape and Site Layout:

 

The proposal will result in a landscaped area of 234sqm (50% of the site area) and a deep soil area of 193.35sqm (147.39sqm minimum required) which is consistent with Council’s controls.

 

Section 3.7 of the Houses and Dual Occupancies DCP outlines that each dwelling is to have a rear garden of at least 60m2 and a minimum width of 5m. The rear yard of the property has a total area of 152.3sqm. Clause 3.9 of the Houses and Dual Occupancies DCP also outlines that variations to this requirement for granny flats will be considered. Neither the Houses and Dual Occupancies DCP nor the Affordable Rental Housing SEPP require private open space and gardens for secondary dwellings, unlike other forms of dual occupancy development. It is recognized, however, that the proposed secondary dwelling will be provided with a shared open space with the principle dwelling.

 

Trees:        The proposal does not seek the removal of any trees as part of this application.


 

Amenity for neighbours:

 

The ADCP requires solar access to at least 50% (or 35m2, whichever is lesser) of the principal private area at ground level of the private open spaces of the adjacent properties is not reduced to less than three hours between 9am and 3pm on the 21 June.

 

The ADCP also requires that solar access be maintained to at least 40% of the glazed areas of any neighbouring north facing living room/dining room windows.

 

It is considered that the proposal will not adversely impact the solar access to the private open space of adjoining neighbours or any adjoining north facing windows.

 

Neighbour's Privacy: Concerns were raised with the proposed windows on the southern elevation of the secondary dwelling. The applicant has reduced the size and area of these windows and has also introduced planting adjacent to these windows. A condition has been included that the screen planting to the southern side of the secondary dwelling have a minimum height of 1800mm. In addition, given the single scale of development, the proposal is not considered to adversely impact the privacy of the adjoining properties.

 

Ecological Sustainable Development:

 

A BASIX certificate was submitted with the application.

 

Ancillary Design Matters:

 

Section 3.2 requires the setback of garages accessed off a rear lane, are to be setback one metre from the boundary.

 

Although the proposal is for a secondary dwelling and carport, the carport is accessed from a side lane known as Ashfield Street and the structure has been setback 1 (one) metre from the side boundary.

 

Dual Occupancy Dwellings:

 

As mentioned previously, although the secondary dwelling (granny flat) is greater than 40sqm and detached, the single storey scale of the building is not considered to negatively impact on the existing streetscape or the amenity of the adjoining properties and is generally an acceptable form of development. It is also noted that the provisions of the SEPP (Affordable Rental Housing) 2009 have been met and this is the substantive development control for assessing the proposal (refer to section 7.1.3 of this report).

 

It is considered the application generally complies with the parts as indicated and ultimately achieves the aims and objectives of the Ashfield DCP.


 

7.4       Any matters prescribed by the regulations that apply to the land to which the development application relates.

 

These matters have been considered in the assessment of this application.

 

7.5       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts on the locality.

 

These matters have been considered as part of the assessment of the development application.  It is considered that the proposed development will have no adverse environmental, social or economic impacts upon the locality.

 

7.6       The suitability of the site for the development

 

These matters have been considered as part of the assessment of the development application. There are no natural hazards or other site constraints that are likely to have a significant adverse impact upon the proposed development.  The proposed development is considered suitable in the context of the locality.

 

7.7       Any submissions made in accordance with this Act or the regulations

 

The proposal was notified to all adjoining and nearby affected property owners and occupants and Councillors from 28 August 2012 until 13 September 2012.

 

7.7.1          Summary of submissions

 

No submissions were received during the notification of the development application:   

 

7.8    The public interest

 

Matters of the public interest have been taken into consideration in the assessment of this application. The proposal is acceptable and therefore recommended for approval.

 

8.0    Referrals

 

8.1    Internal

 

Heritage Adviser: The proposed rear extension will be visible from Alt Street looking down Ashfield Street, however, the work will not have an appreciable impact on the setting of the heritage items at Nos 20 and 22 Alt Street and 96 and 98 Elizabeth Street.  The use of Colorbond roofing is generally sympathetic, however, the choice of colour is important to ensure that the proposed granny flat is visually recessive.  Preference is for the mid tone grey in the Colorbond range”.

 

The roof colour has been nominated as “Colourbond Windspray”, which is considered a mid tone grey in the colourbond range.


 

The proposal has also been reduced in scale with the applicant removing the rear addition to the dwelling house during discussions in the provisional development application stage.

 

Comments from Council’s Heritage Adviser are included at Attachment 3.

 

Building: No objections raised, subject to conditions.

Engineering: No objections raised, subject to conditions.

 

9.0    Other Relevant Matters

 

S94 Contribution Plan

 

A Section 94 Contribution is applicable as a separate dwelling will be created and the current contribution rate is $9280.65.

 

Stormwater

 

Council’s stormwater map does not indicate that the subject property is burdened by any Council or Sydney Water stormwater pipes.

 

10.0  Building Code of Australia (BCA)

 

Construction Certificate no. 10.2012.169 has been lodged with the development application. 

 

Financial Implications

 

Refer to section 9.0 of this report.

 

Other Staff Comments

 

See Section 8.1 of this report.

 

Public Consultation


See Section 7.7 of this report.

 

Conclusion

 

The application has been assessed in accordance with the provisions of the EP&A Act 1979 with all matters specified under Section 79C (1) Clauses (a) to (e) having been taken into consideration. The proposed secondary dwelling and carport complies with the SEPP (ARH) 2009 and is generally consistent with the Ashfield Development Control Plan and the Ashfield Local Environmental Plan 1985. 

 

The proposal is acceptable and is recommended for conditional approval.


 

 

ATTACHMENTS

Attachment 1View

Plans of Proposal

9 Pages

 

Attachment 2View

Locality Map

1 Page

 

Attachment 3View

Heritage Advice

1 Page

 

Attachment 4View

Conditions

0 Pages

 

 

 

RECOMMENDATION

 

That Council as the consent authority pursuant to Clause 80(1)(a) of the Environmental Planning and Assessment Act 1979 (as amended) approve Development Application No. 10.2012.169.1 for the demolition of the existing garage and construction a detached secondary dwelling (granny flat) under the provisions of SEPP ( Affordable Rental Housing) 2009 located behind the rear building line of the existing dwelling house, carport and boundary fencing on Lot 1 in DP: 212955, known as 13 Alt Street, Ashfield subject to conditions.

 

 

 

 

 


 

 

COMPLIANCE TABLE - ASHFIELD LOCAL ENVIRONMENTAL PLAN 1985

 

CLAUSE 2

Aims, objectives etc.

This plan aims to:

(a) promote the orderly and economic development of the local government area of Ashfield in a manner consistent with the need to protect the environment; and

(b) retain and enhance the identity of the Ashfield area derived from its role as an early residential suburb with local service industries and retail centres; and containing the first garden suburb of Haberfield (now listed as part of the National Estate).

Complies.  It is considered that the carrying out of the proposed development will meet the aims and objectives of Ashfield LEP 1985.

 

CLAUSE 10

Zoning

Complies.  The property is zoned 2(a) and the proposal is permissible with Council consent.

CLAUSE 10A

Development consent required for change of building use and subdivision

Not applicable.

CLAUSE 11

Dwelling houses – residential allotment size

(1) Except as provided by subclause (2), the council shall not consent to development for the purposes of a dwelling-house on an allotment of land within Zone No. 2(a), 2(b) or 2(c) unless-

(a) where the allotment is hatchet shaped – it has an area of not less than 700 square metres; or

(b) in any other case –

(i) the allotment has an area of not less than 500 square metres; and

(ii) the allotment is not less than 15 metres wide at the front alignment of the proposed dwelling house.

(2) The council may not consent to the erection of a dwelling-house on an allotment of land which does not comply with subclause (1) where the allotment was in existence as a separate allotment on the appointed day.

(3) For the purposes of subclause 1(a), in calculating the area of a hatchet-shaped allotment, the area of any access corridor shall be disregarded.

The allotment was in existence on the appointed day.

 

CLAUSE 12:

Number of floors in dwelling-houses

(1) In this clause, “floor” means any separate level within a building but does not include a level used exclusively for car parking.

(2) A person shall not erect a dwelling house which contains more than –

(a) in the case of land within Zone No. 2(a) or 2(b) – 2 floors; or

(b) in the case of land within Zone 2(c) – 3 floors, except with the consent of the council.

Complies.  

No. of floors                   = One

 

CLAUSE 13

Dwelling houses – dual occupancy

Two dwellings will exist on the allotment as a result of the development.

CLAUSE 17

Floor space ratios

(1) In this clause “building” does not include a building used exclusively as a dwelling- house or residential flat building, but includes a building or buildings comprising 2 dwellings only on the same allotment.

(2) A person shall not, upon an allotment of land within a zone specified in Column I of the Table to this clause, erect a building with a floor space ratio that exceeds the ratio set out opposite the zone in Column II of that Table.

Not applicable.

CLAUSE 17A

Height of residential flat buildings

(1) This clause applies to land within Zone No. 2(b) or 2(c).

(2) In this clause –

“height” in relation to a building, means the greatest vertical distance (expressed I  metres) between any level of the natural surface of the site area on which the building is, or is to be, erected and the ceiling of the topmost habitable floor of the building;

“natural surface”, in relation to a site area, means the level determined by the council to be the natural surface of the site area.

(3) The maximum height to which a residential flat building may be erected on land to which this clause applies shall be-

(a) in the case of a building within Zone No. 2(b) – 6 metres; and

(b) in the case of a building within Zone No. 2(c) – 9 metres.

(4) This clause does not apply to land within Zone No. 2(c) shown edged heavy black and lettered “2(c)” on the map marked “Ashfield Local Environmental Plan 1985 (Amendment No. 79)”.

Not applicable.

CLAUSE 17B

Development of Ashfield Business Centre - Zone No. 3(a) floor space ratio

(1) This clause applies to land within Zone No 3(a) that is shown edged with an unbroken (or, if fronting Elizabeth Avenue, a broken) heavy black line on Sheet 2 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)”.

(2) The Council must not grant consent for buildings on land to which this clause applies if the floor space ratio of the building would exceed the base floor space ratio shown for the land on Sheet 2 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)”, except as provided by subclause (3).

(3) The Council may consent to a building on a site of land to which this clause applies which is also land shown edged with a broken or unbroken heavy black line on Sheet 3 of the map marked “Ashfield Local Environmental Plan 1985 (Amendment No 72)” that will result in the gross floor area of the buildings on the site being greater than that allowed by that base floor space ratio by no more than an amount equivalent to the site area, subject to subclause (4).

(4) The Council may grant consent pursuant to subclause (3) only if it is satisfied that the additional floor area will be developed as referred to on Sheet 3 of that map in relation to the land concerned and only if the Council is satisfied that the additional development will not result in an adverse impact on any of the following:

(a) the scale and character of the streetscape,

(b) the amenity of any existing or potential residential units on neighbouring land,

sunlight access to surrounding streets, open space and nearby properties,

(d) wind flow pattern to surrounding streets, open space and nearby properties.

Not applicable.

CLAUSE 18

Development for the purpose of advertisements

Not applicable.

CLAUSE 20

Clubs

Not applicable.

CLAUSE 21

Motor showrooms

Not applicable.

CLAUSE 22

Industrial uses 4(b)

Not applicable.

CLAUSE 23

Setbacks 4(b)

Not applicable.

CLAUSE 24

Parking in Zone 4(b)

Not applicable.

CLAUSE 25

Development of land within Zone No. 6(a)

Not applicable.

CLAUSE 27

Acquisition of land

Not applicable.

CLAUSE 28

Suspension of certain laws

Not applicable.

CLAUSE 29

Provision for public amenities and services

The demand for public amenities and public services will increase as a result of this proposal. Section 94 contributions will therefore be applicable.

 

CLAUSE 29A

Classification and reclassification of public land as operational

Not applicable.

CLAUSE 30

Heritage provisions – aims

The aims of this Part are:

(a) to retain the identity of Ashfield by conserving its environmental heritage, which includes the first garden suburb of Haberfield now listed as part of the National Estate; and

(b) to integrate heritage conservation into the planning and development control processes; and

(c) to provide for public involvement in the conservation of Ashfield’s environmental heritage; and

(d) to ensure that any development does not adversely affect the heritage significance of heritage items and heritage conservation areas and their settings as well as landscapes and streetscapes and the distinctive character that they impart to the land to which this plan applies.

It is considered that the carrying out of the proposed development will meet the aims of the heritage provisions of Ashfield LEP 1985.

 

CLAUSE 32

Protection of heritage items, heritage conservation areas and relics

 

 

 

 

1.

Requirement for development consent

Complies.  The proposal requires development consent and this has been sought in the appropriate manner.

2.

Development consent not required

Not applicable.

3.

Assessment of impact on heritage significance

Complies.  It is considered that the carrying out of the proposed development will not have an adverse impact upon the heritage significance of the  Heritage Item in the vicinity of the subject site.

 

4.

Requirement for conservation plan or heritage impact statement

Not applicable.

 

5.

Assessment criteria for development of land within heritage conservation areas.

Not applicable.

 

CLAUSE 34

Notice to Heritage Council

Not applicable.

 

CLAUSE 35

Haberfield Heritage Conservation Area

Not applicable.


CLAUSE 36

Development of known or potential archaeological sites

Not applicable.

 


CLAUSE 37

Development in vicinity of heritage items, heritage conservation areas, archaeological sites or potential archaeological sites

Complies.  It is considered that the carrying out of the proposal will have no adverse impact upon the heritage significance of any heritage items, conservation areas, archaeological sites in its vicinity.

 

CLAUSE 37A

Conservation incentives

Not applicable.

 

CLAUSE 38

Development of land known as 476 Parramatta Road Ashfield

Not applicable.

 

CLAUSE 38A

Multiple dwellings on certain land

Not applicable.

 

CLAUSE 38B

Development of land known as Lot 1 (adjacent to Brown Street and Markham Avenue Ashfield

Not applicable.

 

CLAUSE 39

Development of land known as 4 Parramatta Road, Summer Hill and 47 Dover Street, Summer Hill

Not applicable.  This clause has been superceded by LEP amendment no. 76 that rezones the properties to General Business 3(a).

CLAUSE 39A

Temporary car park–Liverpool Road and Elizabeth Avenue, Ashfield

Not applicable.

 

CLAUSE 39B

Mixed development in commercial zones – generally

Not applicable.

 


CLAUSE 40

Mixed development on certain land – floor space concessions

Not applicable.

 

CLAUSE 41

Development of land known as No. 91A Smith Street, Summer Hill

Not applicable.

 

CLAUSE 42

Development of land adjacent to Liverpool Road and railway line, Ashfield

Not applicable.

 

CLAUSE 43

Development of community centre at Smith Street, Summer Hill

Not applicable.

 

CLAUSE 44

Development of land known as No. 60 Dalhousie Street, Haberfield (Haberfield Post Office)

Not applicable.

 

CLAUSE 45

Development of land adjacent to Liverpool Road and railway line, Ashfield

Not applicable.

 

CLAUSE 48

Development of land known as the Ashfield Public School Playing Fields Site, 3 Orchard Crescent and 209 Liverpool Road, Ashfield

Not applicable.

 

CLAUSE 49

Development of land known as 191 Ramsay Street, Haberfield

 

Not applicable.

 

CLAUSE 51

Development of land known as 93 Milton Street, Ashfield

Not applicable.

 

CLAUSE 52

Development of land known as 412–416 Liverpool Road, Croydon

 

Not applicable.

 

CLAUSE 53

Development of land known as 3 Carlton Crescent, Summer Hill

 

Not applicable.

 

CLAUSE 54

Development at 11–13 Hercules Street, Ashfield

Not applicable.

 

CLAUSE 55

Development of certain land at Milton Street and Park Avenue, Ashfield

Not applicable.

 

CLAUSE 56

Development of certain land at Queen Street, Ashfield

Not applicable.

 

CLAUSE 57

Development of certain land known as 55–75 Smith Street, Summer Hill

Not applicable.

 

MODEL PROVISIONS

 

5(1) - Aesthetic appearance of proposed development from waterway, main or arterial road, railway, public reserve or land zoned for open space.

 

5(2) – Car impacts

a)   adequate exits and entrances so as not to endanger persons and vehicles using public roads

b)   adequate car-parking

c)   compliance with RTA representations

d)   adequate area for loading, unloading and fuelling vehicles and for the picking up and setting down of passengers

Not applicable.

12 – Land used for commercial or industrial purposes

Not applicable.

13 – Off street loading, facilities, etc.

Not applicable.

 

 

Phil Sarin

Director Planning and Environment


Attachment 1

 

Plans of Proposal

 










Attachment 2

 

Locality Map

 


Attachment 3

 

Heritage Advice

 


Attachment 4

 

Conditions

 











Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 CM10.2

Subject                            DEVELOPMENT APPLICATION: 10.2012.186.1
42 LIVERPOOL ROAD, SUMMER HILL

 

File Ref                            DA 10.2012.186.

 

Prepared by                   Daisy Younan - Development Assessment Officer        

 

 

Reasons                          Matter requires Council determination

 

Objective                         For Council to determine the application

 

 

 


Overview of Report

 

1.0    Description of Proposal

 

Pursuant to Clause 78A(1) of the Environmental Planning and Assessment (EP&A) Act 1979 (as amended) this application seeks Council’s consent for alterations and addition to an existing two storey dwelling house including reconfiguration of the upper floor internal layout and conversion of existing garage into a studio.

 

Plans of the proposal are included at Attachment 1.

 

2.0    Summary Recommendation

 

The proposed reconfiguration of the upper floor internal lay out will have no external impacts. The two proposed skylights above the upper floor bedrooms front the rear yard and will not be seen from the street.

 

The proposed conversion of the existing garage into a studio involves replacement of the existing garage door with a new 1m wide timber door, enlarging an existing window located on the rear elevation of garage and installing a new window on the side wall fronting the rear yard.


 

Items

Required

Proposed

Does proposal comply?

Total/Soft Landscaped Area

Minimum required landscaped area

50% of total site area (272.12m²).

 

Minimum required soft soil area is

70% of minimum required landscaped area (approximately 190.48 m²)

Approximately 55.97%

(304.64m²)

 

 

 

Approximately 190.73m²

(70.09% of minimum required landscaped area)

Yes

 

 

 

 

Yes

Floor Space Ratio

Maximum

50% (272.12m² of gross floor area)

Approximately

46.58%

(253.53 m²)

Yes

Height

Maximum permitted height for

2 storeys (6m)

Internal reconfiguration to upper floor level and change of use to existing garage to a studio

Yes

 

The proposed modifications to the existing car parking setting on site will still enable off street car parking for more than one vehicle which complies with the car parking requirements of Ashfield DCP 2007.

 

The development is recommended for conditional approval.

 

Background

 

3.0    Application Details

 

Applicant                               :         Ms A Wang

Owner                                    :         A R Barlow & G W Harper

Value of work                       :         $24,000

Lot/DP                                   :         LOT: 2 DP: 12981

Date lodged                          :         07/09/2012

Date of last amendment     :         N/A

Application Type                  :         Local

Construction Certificate     :         No

Section 94A Levy                :         No


 

4.0    Site and Surrounding Development

 

The subject site is located on the eastern side of Liverpool Road, bounded by Kensington Road to the north and Gower Street to the south.  The site area is approximately 544.24 square metres. An existing two storey dwelling house is located on the site.  Surrounding uses are residential. Refer to Attachment 2 for a locality map.

 

5.0    Development History

 

No previous building or development applications have been submitted to Council for the subject site.

 

Assessment

 

6.0    Zoning/Permissibility/Heritage

 

·    The site is zoned 2(c) - Residential under the provisions of Ashfield LEP 1985.

·    The property is a heritage item.

·    The property is located within the vicinity of a heritage item located at 46-56 Liverpool Rd.

 

The proposed works are permissible with Council consent.

 

7.0    Section 79C Assessment

 

The following is an assessment of the application with regard to the heads of consideration under the provisions of Section 79C of the EP&A Act.

 

7.1    The provisions of any Environmental Planning Instrument

 

7.1.1 Local Environmental Plans

 

Ashfield Local Environmental Plan 1985 (as amended)

 

Clause 32(3) of Ashfield LEP 1985 requires Council, when determining a development application, to assess the heritage significance of the heritage item or heritage conservation area and to take into consideration the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area.

 

Officer’s comments:

 

While the proposed conversion of the existing garage into a studio involves external works, the proposed modifications will not result in any adverse impact on the streetscape or on the heritage significance of the property. It is considered that the proposed development will have no adverse impact on the heritage significance of the existing dwelling.


 

Additionally, the proposal has been reviewed by Council heritage adviser, and no issues have been raised concerning the amended scheme.

 

It is considered that the proposal complies with the provisions of the Ashfield LEP 1985.

 

 

7.1.2 Regional Environmental Plans

 

Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005

 

It is considered that the carrying out of the proposed development is generally consistent with the objectives of the Plan and would not have any adverse effect on environmental heritage, the visual environment, the natural environment and open space and recreation facilities.

 

7.1.3 State Environmental Planning Policies

 

State Environmental Planning Policy No. 55 – Remediation of land

 

Remediation of the site is not required prior to the carrying out of the proposed development.

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

A certificate in accordance with Clause No. 3(1)(a) of the SEPP (BASIX) 2004 has been submitted as part of this application. A condition will be imposed on development consent requiring the proposed building works to comply with the commitments outlined in the Basix Certificate.

 

7.2       The provisions of any Draft Environmental Planning Instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority.

 

Draft Ashfield Local Environmental Plan 2012 (Draft ALEP 2012) was placed on public exhibition on 27 June 2012 and is a matter for consideration under S79C of the EPA Act 1979. The following compliance table outlines the proposal’s performance against the provisions of the Draft instrument.


 

Draft Ashfield Local Environmental Plan 2012

Summary Compliance Table

Clause No.

Subject

Standard

Proposed

Compliance

1.2

Aims of Plan

(1) This Plan aims to make local environmental planning provisions for land in Ashfield in accordance with the relevant standard environmental planning instrument under section 33A of the Act.

(2) The particular aims of this Plan are as follows:

 

(a) promote the orderly and economic development of the local government area of Ashfield in a manner consistent with the need to protect the environment,

(b) retain and enhance the identity of the Ashfield area derived from its role as an early residential suburb with local service industries and retail centres; and containing the first garden suburb of Haberfield,

(c) to identify and conserve the environmental and cultural heritage of Ashfield,

(d) to provide increased housing choice in locations that have good access to public transport, community facilities and services, retail and commercial services and employment opportunities,

(e) to strengthen the viability and vitality of the Ashfield Town Centre as a primary centre for investment, employment, cultural and civic activity, and to encourage a majority of future housing opportunities to be located within and around the centre,

(f) to protect the urban character of the Haberfield, Croydon and Summer Hill urban village centres whilst providing opportunities for small scale, infill development that enhances the amenity and vitality of the centres,

(g) to encourage the revitalisation of the Parramatta Road corridor in a manner that generates new local employment opportunities, improves the quality and amenity of the streetscape, and does not adversely impact upon adjacent residential areas,

(h) to ensure that development has proper regard to environmental constraints and minimises any off and on site impacts on biodiversity, water resources and natural landforms,

(i) to require that new development incorporates the principles of ecologically sustainable development and water sensitive urban design.

The proposed development is not considered contrary to the aims or objectives of the Draft Ashfield LEP 2012.

 

2.2

Zoning

Zone R3 Low Density Residential

Dwelling House

Yes


 

Draft Ashfield Local Environmental Plan 2012

Summary Compliance Table

Clause No.

Subject

Standard

Proposed

Compliance

4.3

Height of buildings

12.5m

Existing

Existing

4.4

Floor space ratio

0.7:1 (70%)

Given that the definition of GFA in the draft LEP 2012 takes measurements from the internal face of the enclosing walls, the proposed GFA would be slightly less than 0.46:1

 

Yes

5.10

Heritage Conservation

 

 

Objectives

 

The objectives of this clause are as follows:

(a) to conserve the environmental heritage of Ashfield,

(b) to conserve the heritage significance of heritage items and heritage

conservation areas, including associated fabric, settings and views,

(c) to conserve archaeological sites,

(d) to conserve Aboriginal objects and Aboriginal places of heritage significance.

The proposed development has been reviewed by Council’s heritage adviser and no issues have been raised.

Yes

5.10(5)

 

The consent authority may, before granting consent to any development:

(a) on land on which a heritage item is located, or

(b) on land that is within a heritage conservation area, or

(c) on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

A heritage management plan has not been requested in this instance due to the minor nature of the works.

Not required

 

In general, the proposed development achieves the aims and objectives of the provisions of Ashfield draft LEP 2012

 

7.3       The provisions of any Development Control Plan.

 

The proposal has been considered against the provisions of the Ashfield Development Control Plan (DCP) 2007:

 


 

C11

PARKING

The proposed car parking setting on site will enable off street parking for more than one vehicle. The proposed development complies with the car-parking requirements of Part C11 of Ashfield Development Control Plan 2007.

C12

PUBLIC NOTIFICATION IN THE PLANNING PROCESS AND ALL ASPECTS OF LAND MANAGEMENT

See Clause No. 7.7

C15

HOUSES & DUAL OCCUPANCIES

Solar Access to Adjoining Properties

The proposed development involves alterations and addition to an existing two storey dwelling house including reconfiguration of the upper floor internal layout and conversion of existing garage into a studio. It does not involve any additions to the existing foot print of the existing buildings and hence will not result in any additional impact on the solar access of adjoining properties.

 

Building bulk, height and landscaping

 

Refer to the compliance table under clause No. 2.0 of this report for calculations and proposal performance against Council’s FSR, landscaping area and height controls.

 

Building Setbacks

 

The proposed development does not result in any modifications to the setbacks of the existing dwelling, which provide a pedestrian access along the south west side of the property and vehicle access along the north east side of the property.

 

Privacy

 

The proposed development involves the installation of two skylights above the upper floor two bedrooms which do not result in any impact on adjoining neighbour’s privacy. The proposed change of use of the existing single garage into a studio with the associated modifications to its openings will not result in any adverse impact on adjoining neighbour’s privacy given the single story nature of structure.

 

The proposed development complies with the provisions of part C15 of Ashfield Development Control Plan 2007.

 

It is considered the application complies with the parts as indicated and ultimately achieves the aims and objectives of the Ashfield DCP.

 

 

7.4       Any matters prescribed by the regulations that apply to the land to which the development application relates.

 

These matters have been considered in the assessment of this application. Necessary fire safety measures have been incorporated into the recommendation of this report as conditions.

 

7.5       The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts on the locality.

 

These matters have been considered as part of the assessment of the development application. 

 

Due to the change of use of the existing garage into a studio, a considerable portion of the existing driveway will no longer be used as a driveway but as landscaped area. This will result in an improvement to the existing landscaped area.

 

It is considered that the proposed development will have no adverse environmental, social or economic impacts upon the locality.

 

7.6       The suitability of the site for the development

 

These matters have been considered as part of the assessment of the development application. There are no natural hazards or other site constraints that are likely to have a significant adverse impact upon the proposed development.  The proposed development is considered suitable in the context of the locality.

 

7.7       Any submissions made in accordance with this Act or the regulations

 

The proposal was notified to all adjoining and nearby affected property owners and occupants and Councillors from 12 September 2012 until 28 September 2012.

 

7.7.1          Summary of submissions

 

One submission (Attachment 5) was received during the notification of the development application:   

 

Submissions

 

The Hon. Amanda Fazio MLC

 

The submission raises no objection to the proposed development.

 


 

7.8    The public interest

 

The proposal satisfies amenity considerations with respect to both site and the neighbouring properties and will have no adverse impacts. Given the above and the proposal’s compliance with the aims and objectives of ALEP 1985 and ADCP 2007, it warrants Council support.

 

8.0    Referrals

 

8.1    Internal

 

Heritage Adviser

 

The application was reviewed by Council’s heritage adviser who has recommended the imposition of the following conditions:

 

·    The proposed skylights upon the rear plane of the main roof are to be flat low profile glazed skylights equal to Velux type skylights.

·    The proposed amendments to the garage which prepare it for studio use are to be properly integrated with the design and materials of the existing structure.

 

Building

 

Council’s building surveyor is satisfied that the technical aspects of compliance with the BCA can be met at the CC stage and has recommended the imposition of relevant conditions of consent.

 

Engineering

 

The proposal has been reviewed by Council’s engineering section and relevant conditions of consent have been included in the recommendation.

 

9.0    Other Relevant Matters

 

Council’s stormwater map does not indicate that the subject property is burdened by any Council or Sydney Water stormwater pipes.

 

10.0  Building Code of Australia (BCA)

 

A Construction Certificate will be required to be applied for by condition of consent.

 

Financial Implications

 

The proposed development will not attract contribution levies under S94A of the Environmental Planning and Assessment Act 1979 as the estimated value of works is below $100,000.

 

Other Comments

 

The location of the proposed skylights as shown on the proposed upper floor plan is not consistent with their location as shown on the proposed roof plan. In addition, the existing roof plan shows a gablet for the upper floor front window instead of a skillion roof.

 

A condition has been included indicating that no approval has been granted for any modifications to the roof form of the existing dwelling and the roof plan is to be corrected to accurately reflect the existing roof form of the existing dwelling.

 

Public Consultation


See Section 7.7 of this report.

 

Conclusion

 

The application has been assessed in accordance with the provisions of the EP&A Act 1979 with all matters specified under Section 79C (1) Clauses (a) to (e) having been taken into consideration.

 

The proposal is acceptable and is therefore recommended for conditional approval.

 

 

ATTACHMENTS

Attachment 1View

Plans of Proposal

7 Pages

 

Attachment 2View

Locality Map

1 Page

 

Attachment 3View

Heritage Advice

1 Page

 

Attachment 4View

Conditions

8 Pages

 

Attachment 5

Submission

1 Page

 

 

 

RECOMMENDATION

 

That Council as the consent authority pursuant to Clause 80(1)(a) of the Environmental Planning and Assessment Act 1979 (as amended) approve Development Application No. 10.2012.186 for 42 Liverpool Road, Summer Hill on Lot 2  in DP: 12981, known as 42 Liverpool Road, Summer Hill, subject to conditions.

 

 

 

 

 

 

Phil Sarin

Director Planning and Environment

 


Attachment 1

 

Plans of Proposal

 








Attachment 2

 

Locality Map

 


Attachment 3

 

Heritage Advice

 


Attachment 4

 

Conditions

 









Attachment 5

 

Submission

 


Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 CM10.3

Subject                            COUNCIL STANDING COMMITTEES - TERMS OF REFERENCE

 

File Ref                            Governance

 

Prepared by                   Gabrielle Rennard - Manager Corporate Services       

 

 

Reasons                          To endorse the Terms of Reference for Council’s Standing Committees

 

 


Overview of Report

This report seeks endorsement of the Terms of Reference for Council’s Standing Committees.

 

 

Background

 

At the Ordinary Council Meeting held on 14 August 2012, Ashfield Council adopted a new Committee Structure. This new structure aligns with Council’s Community Strategic Plan and the organisational structure.

 

Council adopted 3 Standing committees as listed below.

 

The Standing Committees (which have Councillors as members only) are as follows:-

 

·        Planning and Environment Committee

Dealing with regulatory, urban planning (excluding DAs) and environmental/sustainability matters.

 

·        Works and Services Committee

Dealing with civil works, parks, traffic, waste, aquatic centre, asset management matters

 

·        Community Activities Committee

Dealing with community development, community programs and services, library, customer service and business relations matters

 

Council’s attention is particularly drawn to Section 4. Delegation, in the draft Terms of Reference which proposes delegations for the committees in order to streamline Council business.  The proposed delegations give the committees the delegation to make decisions on behalf of the Council in relation to matters before the Committee, with some noted exceptions.  The relevant clauses are reproduced below.


 

4. DELEGATION

 

4.1 The Committee has delegated authority to make decisions on behalf of the full

Council in relation to any matter referred to it in accordance with these Terms of

Reference, with the exception of:

 

·   matters that will have resource impacts upon the organisation (financial and human) that are not already accommodated for within the Council budget and Delivery Plan

·   matters that are inconsistent with current Council resolutions and/or policies

·   those functions that cannot be delegated by the Council under Section 377 of the Local Government Act 1993;

·   any item that is not determined by unanimous vote of the Committee; and/or

·   any item that a member of the Committee requests be referred to full Council for its consideration.

 

These items must be submitted to an Ordinary Council meeting for determination.

 

4.2 The Minutes of the Committee shall be submitted to Council to determine relevant

items referred to Council as outlined in clause 4.1 and for Council to note that all

other items contained in the minutes of the Committee were dealt with under it’s

powers of delegation.

 

In carrying out its responsibilities, the Committee must at all times recognise that primary

responsibility for management of Council rests with the Council and the General Manager

as defined by the Local Government Act.

 

The responsibilities of the Committee may be revised or expanded by the Council from

time to time.

 

Financial Implications

 

Nil

 

Other Staff Comments

 

The Executive Management and other relevant staff have been consulted during the development of the draft terms of reference.

 

 

Public Consultation

Not applicable

 

 

Conclusion

It is recommended that Council endorse the attached Terms of Reference for its three (3) Standing Committees.

 


 

 

ATTACHMENTS

Attachment 1View

Planning and Environment Committee

7 Pages

 

Attachment 2View

Works and Services Committee

7 Pages

 

Attachment 3View

Community Activities Committee

7 Pages

 

 

 

RECOMMENDATION

 

That Council adopt the Terms of Reference documents attached to this report for the following Committees of Council:

 

·    Planning and Environment Committee

·    Works and Services Committee

·    Community Activities Committee

 

 

 

 

 

 

 

 

 

Nellette Kettle

Director Corporate & Community Services

 

 

 


Attachment 1

 

Planning and Environment Committee

 








Attachment 2

 

Works and Services Committee

 








Attachment 3

 

Community Activities Committee

 








Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 CM10.4

Subject                            STANDING COMMITTEES - APPOINTMENT OF COUNCILLOR MEMBERS TO STANDING COMMITTEES

 

File Ref                            Governance

 

Prepared by                   Gabrielle Rennard - Manager Corporate Services       

 

 

Reasons                          For Council to determine Councillor members of Standing Committees

 

 

 


Overview of Report

This report seeks Council’s determination of Councillor members on each standing committee.

 

 

Background

 

At the Ordinary Meeting held on 14 August 2012, Ashfield Council adopted a new Committee Structure. This new structure aligns with Council’s Community Strategic Plan and the organisational structure.

 

Council adopted 3 Standing Committees which are noted below.

 

The 3 x Standing Committees (all of which have Councillors as members only) are as follows:-

 

Planning and Environment Committee

Dealing with regulatory, urban planning (excluding DAs) and environmental/sustainability matters.

 

Works and Services Committee

Dealing with civil works, parks, traffic, waste, aquatic centre, asset management matters

 

Community Activities Committee

Dealing with community development, community programs and services, library, customer service and business relations matters.

 

Standing committees are comprised of a minimum of five (5) Councillors and require a quorum of three (3) Councillors. Meetings are held on the 3rd Tuesday of the month from February to November inclusive with each standing committee meeting a minimum of 4 times per year.

 

Financial Implications

Nil


 

Other Staff Comments

N/A

 

Public Consultation

N/A

 

Conclusion

Being the commencement of the new Council term, in accordance with the Terms of Reference, Council needs to determine the Councillor members for each Standing Committee.

 

 

 

ATTACHMENTS

There are no attachments for this report

 

RECOMMENDATION

 

1/2    That Council determine a minimum of 5 Councillor members for the three           Standing Committees listed below:

 

·     Planning and Environment Committee

·     Works and Services Committee

·     Community Activities Committee

 

2/2    That if the Mayor is not a member and/or does not wish to be the Chairperson, that a Chairperson be elected from the Councillor members of each Committee.

 

 

 

 

 

 

 

 

Nellette Kettle

Director Corporate & Community Services

 

 

 

 


Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 CM10.5

Subject                            ADVISORY & EXTERNAL COMMITTEES - APPOINTMENT OF DELEGATES

 

File Ref                            Governance

 

Prepared by                   Gabrielle Rennard - Manager Corporate Services       

 

 

Reasons                          Appoint delegates to Council’s Advisory & External Committees

 

 


Overview of Report

This report seeks Council’s determination of Councillor delegates to all Advisory, Steering and other external Committees.

 

 

Background

 

At the Ordinary Meeting held on 14 August 2012, Ashfield Council adopted a new Committee Structure. This new structure aligns with Council’s Community Strategic Plan and the organisational structure.

 

Council adopted 7 Advisory Committees which are noted below and this report seeks confirmation of Councillor representation on these committees.  The proposed number of Councillor delegates on Advisory Committees (with the exception of the Internal Audit Committee) is to be no less than one (1) Councillor. 

 

At its meeting of 14 August 2012, Council resolved that terms of reference be developed for each of the Advisory Committees within 3 months.  The provision of Councillor delegates will be detailed in the Terms of Reference for each Advisory Committee.

 

Advisory Committee

Councillor delegates

Aboriginal Consultative Committee

No less than one Councillor, one of whom must be Chairperson

Ashfield Access Committee

No less than one Councillor, one of whom must be the Chairperson

Ashfield Youth Committee

No less than one Councillor, one of whom must be Chairperson

Seniors’ Action Committee

No less than one Councillor, one of whom must be Chairperson

Pratten Park Advisory Committee

No less than one Councillor, one of whom must be Chairperson

Internal Audit Committee

Two Councillor representatives (other than the Mayor). The practice has been Deputy Mayor & one other Councillor.

Women’s Committee

 

No less than one female Councillor, one of whom must be Chairperson

 


 

Appointment of delegates to Council’s steering and external committees also needs to be considered by Council.

 

1.      Local Traffic Committee

 

The Local Traffic Committee (LTC) is a technical review (advisory) committee formed under the legislation and delegated powers of the Roads and Maritime Services (formerly Roads & Traffic Authority). This Committee is not formed under the Local Government Act 1993 and is not open to the public.  The committee is composed of four formal members, each with one vote.  These four members are representative of the following:

·    Local Council, being the Chairperson and normally a Councillor

·    Police

·    RMS and

·    Local member(s) of State Parliament or their nominee

 

2.      Joint Regional Planning Panel (JRPP)

 

          The Joint Regional Planning Panel is an independent body which determines development applications for a range of regionally significant developments in New South Wales.  Regional Panels operate under the Environmental Planning and Assessment Act 1979 (EP&A Act).  Ashfield Council is overseen by the Sydney East JRPP.

 

          In accordance with Schedule 4 (relating to Section 23G(6)) of the EP&A Act, the panel is to consist of the following five (5) members:

 

·    3 persons appointed by the Minister, each having expertise in at least 1 of planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering, tourism or government and public administration, and

 

·    2 Council nominees, at least one of whom has expertise in planning, architecture, heritage, the environment, urban design, land economics, traffic and transport, law, engineering or tourism.

 

          With effect from 1 October 2011, as part of the Government’s reform of the NSW Planning System, regional panels now determine the following classes of regional development:

 

·    Development with a capital investment value (CIV) over $20 million;

·    Development with a CIV over $5 million which is:

o council related

o lodged by or on behalf of the Crown (State of NSW)

o private infrastructure and community facilities, or

o eco-tourist facilities;

·  Extractive industries, waste facilities and marinas that are designated development;


 

·  Certain coastal subdivisions;

·  Development with a CIV between $10 million and $20 million which are referred to the regional panel by the applicant after 120 days;

·  Crown development applications (with a CIV under $5 million) referred to the regional panel by the applicant or local council after 70 days from lodgement as undetermined, including where recommended conditions are in dispute.

 

3.      Sydney Airport Community Forum (1 representative)

 

The role of Sydney Airport Community Forum (SACF) is to act as a forum for:

 

·    providing advice to the Minister for Infrastructure and Transport, Sydney Airport Corporation and aviation authorities on the abatement of aircraft noise and related environmental issues at Sydney Airport; in particular it is the main body for consultation on the Long Term Operating Plan for the Airport.

 

·    providing advice to aviation authorities to facilitate improved consultation and information flows to the community about the Airport's operations.

 

4.      Civic Centre Redevelopment Steering Committee

 

This Committee comprises the Mayor, five (5) Councillors, General Manager and senior staff.  Its objective is to oversee the design, community consultation, tendering, construction and delivery of the Civic Centre Redevelopment Project.  As a “sunset” committee the Steering Committee shall exist for the duration of the project.

 

5.      Shopping Trolley Working Party

 

The Working Party was set up to discuss and investigate ways to address the ongoing problem of shopping trolleys being abandoned or left unattended in public places. The Working Party is comprised of representatives from the following areas:

 

·    Retailers, - owners and non-owners of trolleys

·    council,

·    consumers,

·    rate payers,

·    shopping centres management,

·    community group for ethnic communication,

·    strata management and real estate agents (to educate tenants/owners),

·    trolley contractors

·    Trolley Services Australia (owner of trolley tracker)

 

This Working Party is open to all interested Councillors and appointment of a Councillor delegate is not required.


 

6.      Parramatta River Catchment Group (1 representative)

 

The Parramatta River Catchment Group (PRCG) is a regional organisation of local councils, state agencies and community representatives whose aim is to work together to improve the health of the Parramatta River catchment. Through regional collaboration, the PRCG seeks to ensure coordination of effort, professional management, optimal use of resources and greater impact on governmental policies and decisions affecting the catchment than could be achieved through each member working separately.

 

Members of the PRCG include council representatives from Ashfield, Auburn, Bankstown, Blacktown, Canada Bay, Holroyd, Hunters Hill, Leichhardt, Parramatta, Ryde and Strathfield, as well as representatives from relevant state government departments and authorities, and representatives from indigenous and environmental community groups. Members meet two to three times a year to discuss issues and opportunities relevant to improving the natural environment within the Parramatta River catchment. 

 

 

Financial Implications

         

Nil

 

 

Other Staff Comments

 

          Not necessary

 

 

Public Consultation

 

Not necessary

 

 

Conclusion

 

The appointment of Councillor delegates to Council Advisory, Steering and other external Committees provides opportunity for further consultation with the community, prospects for invaluable networking and occasion for input and advice on a vast array of Council and community related matters.

         

 

 

ATTACHMENTS

There are no supporting documents for this report.


 

RECOMMENDATION

 

That Councillor delegates be appointed to the following Advisory, External and Steering Committees in accordance with the Terms of Reference, for the ensuing twelve (12) months and Council elect (or nominate) a Chairperson and/or representative accordingly:

 

Advisory Committee

Councillor delegates/representatives

Aboriginal Consultative Committee

No less than one (1) Councillor, one of whom must be Chairperson

Ashfield Access Committee

No less than one (1) Councillor, one of whom must be the Chairperson

Ashfield Youth Committee

No less than one (1) Councillor, one of whom must be Chairperson

Seniors’ Action Committee

No less than one (1) Councillor, one of whom must be Chairperson

Pratten Park Advisory Committee

No less than one (1) Councillor, one of whom must be Chairperson

Internal Audit Committee

Two (2) Councillor representatives (other than the Mayor). The practice has been Deputy Mayor & one other Councillor.

Women’s Committee

No less than one (1) female Councillor, one of whom must be Chairperson

Steering Committee

Councillor delegates/representatives

Civic Centre Redevelopment Steering Committee

The Mayor and five (5) Councillors

External Committees

Councillor representatives

Local Traffic Committee

One (1) Councillor representative, being the Chairperson

Joint Regional Planning Panel

Two (2) Council nominees

A third nominee to be chosen as an alternate (in the absence of one of the two regular members).

Parramatta River Catchment Group

One (1) representative

Sydney Airport Community Forum

One (1) representative

 

 

 

 

 

 

 

Nellette Kettle

Director Corporate & Community Services


Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 CM10.6

Subject                            REVISED FILMING IN ASHFIELD POLICY

 

File Ref                            Works & Infrastructure

 

Prepared by                   Charles Latimer - Governance Project Officer       

 

 

Reasons                          An updated policy has been drafted to replace the Filming on both public and private property within the Ashfield Municipality policy issued in 2003.

 

 


Overview of Report
The attached draft policy is an updated version of the existing policy issued in 2003 which has become quite dated. The revised policy integrates information from the Local Government Filming Protocol 2009 issued by the Division of Local Government after consultation with the NSW Office of Film and Television and the film and television industries.

 

Background

The current Filming on both public and private property within the Ashfield Municipality policy sets out requirements for film and television program makers to use Ashfield locations when producing films whilst at the same time ensuring minimal inconvenience to local residents. The current policy was drafted in 2003 and was based on the existing filming protocol issued by the Division of Local Government after consultation with the NSW Film and Television Office and the film/television industry in 2000. These guidelines have since been updated in 2009 and accordingly the Ashfield policy has been reviewed and revised. The Application Form attached to the policy is the current one used by Council staff and has not been altered. An additional details page has been attached which is drawn from the DLG Protocol.

 

The policy defines requirements when filming on Council property, filming on private property but requiring use of public space, insurance arrangements, rights and consultation with any affected residents, consultation on any traffic implications or street closures (incl with the NSW Police), risk management under the Work, Health and Safety Act 2011.

 

For Council’s information, Ashfield does receive a reasonable number of applications to film each year predominantly for commercials or a television series (such as ‘Rake’ and ‘Crownies’). Filming often is located in the suburb of Haberfield. The number of film approvals in Ashfield over the past three years have been:

 

2010:         39

2011:         29

2012:         20 (at the present time)

 

 

Financial Implications

Nil


 

 

Other Staff Comments

 

Tony Giunta, Engineering Services.

 

As part of the review of the Filming in Ashfield Policy the revised application form for a permit has been added which is a standard form for various permits. The application form also includes general information regarding the various permits which includes a section for filming.

 

The revisions in the document have been reviewed and are supported as part of the update.

 

Public Consultation

For Public Exhibition for standard 28 days if approved.

 

Conclusion

The revised draft policy provides a better articulation of the requirements for filming in Ashfield without imposing an unnecessary bureaucratic burden on film makers.

 

 

 

ATTACHMENTS

Attachment 1View

Draft Filming in Ashfield Policy

16 Pages

 

 

 

RECOMMENDATION

 

That Council approve the release of the draft policy for Public Exhibition.

 

 

 

 

 

 

 

 

 

Nellette Kettle

Director Corporate & Community Services

 

 

 

 


Attachment 1

 

Draft Filming in Ashfield Policy

 
















Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 CM10.7

Subject                            COMMERCIAL STREET VENDING AND MOBILE VENDING VEHICLES POLICY

 

File Ref                            Regulatory

 

Prepared by                   Charles Latimer - Governance Project Officer       

 

 

Reasons                          To advise Council of proposed administrative amendments to the Commercial Street Vending and Mobile Vending Vehicles Policy.

 

 


Overview of Report
The Commercial Street Vending and Mobile Vending Vehicles Policy which has been in place since 1998 has been reviewed and has been retained with no material changes. Small amendments have been made to ensure (i) there is better administrative clarity in meaning and intent for applicants and (ii) to ensure the policy is compliant with the Local Government Act 1993.

 

Background

The current Commercial Street Vending and Mobile Vending Vehicles Policy has been in existence since 1998 and was due for review and, if necessary, amendment and revision. This policy is a related one to the Charitable Street Collections and Street Stalls Policy, the Outdoor Dining and Footpath Trading Policy and the Street Entertainment Policy.

 

The attached document retains all of the previous policy with no material changes to the intent, meaning, application and form of the policy. The only proposed amendments are to add clarity to the text and enable easier understanding and compliance. This includes –

·  Extending the definitions contained in the policy to include a definition of street vending itself,

·    Clarifying what information is required to be collected in compliance with the Local

Government Act 1993,

·  Adding three addition items of administrative information required on the permit application form (viz location of the activity, description of the activity and a small section for Council staff to add any modifications on the permit),

·  Ensuring that there is commonality of requirements for transport/pedestrian access similar to the other related Council policies,

·  Compliance with Guidelines for Street Vending Control issued by the Division of Local Government.

 

 

Financial Implications

N/A

 

Other Staff Comments

Regulatory Services staff have been consulted on this policy and support the amendments.

 


 

Public Consultation

Draft policy will be released for Public Exhibition as per usual practice.

 

Conclusion

As there are no significant changes required for this policy, it is not envisaged that there will be any noticeable effect on applicants however it will ensure Council has appropriate information available for applicants and for administrative approval purposes.

 

 

 

ATTACHMENTS

Attachment 1View

Draft Commercial Street Vending and Mobile Vending Vehicles Policy

8 Pages

 

 

 

RECOMMENDATION

 

That Council approve the draft Commercial Street Vending and Mobile Vending Vehicles Policy for Public Exhibition.

 

 

 

 

 

 

 

 

 

Nellette Kettle

Director Corporate & Community Services

 

 

 

 


Attachment 1

 

Draft Commercial Street Vending and Mobile Vending Vehicles Policy

 









Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 CM10.8

Subject                            COUNCILLOR EXPENSES AND FACILITIES POLICY

 

File Ref                            Governance

 

Prepared by                   Charles Latimer - Governance Project Officer       

 

 

Reasons                          To seek approval from Council for the amended Councillor Expenses and Facilities Policy 2012.

 

 


Overview of Report
The Councillor Expenses and Facilities Policy is reviewed annually and amendments added subject to determinations and advice received from the  Local Government Remuneration Tribunal, the Division of Local Government and resolutions of Council. The policy is subject to review by the Division of Local Government, Department of Premier and Cabinet. The attached draft revised policy has completed its’ Public Exhibition period and is submitted for adoption by Council.

 

Background

The purpose of this policy is to ensure that the facilities provided to assist Councillors

to carry out their civic duties are reasonable and that there is accountability and

transparency in the reimbursement of expenses incurred or to be incurred by Councillors.

 

The objectives of this policy are to:

-     Provide a guide to Councillors expenses and facilities

-     Outline the process for paying expenses so that they can be properly recorded,

reported and audited

-     Comply with the guidelines issued by the Division of Local Government, NSW

Department of Premier and Cabinet

 

The policy applies to all Councillors and the Mayor is entitled to specific additional

facilities as set out in the Policy.

 

Amendments made to this version from the 2011 policy are:

 

Increase in taxi allowance within the Sydney Metropolitan area: The single trip limit within the Sydney Metropolitan area has been increased from $70.00 to $120.00 (incl GST).

 

Provision of mobile phones: From September 2012, Council no longer purchases and issues mobile telephones to Councillors. This change will allow Councillors more flexibility to meet their own preference and usage needs. Councillors will be reimbursed for network/usage costs up to a maximum value of $80 per month for their mobile telephone costs on the production of receipts.

 

Electronic Device: Amended from “a Note Book Personal Computer or Tablet” to now being “a Council standard lap top (including internet, Microsoft office 2007 and virus software) or an iPad device”.

 

Multifunction printer or facsimile: Defining the type of multifunction printer or facsimile device which are available.

 

Financial Implications

Covered within existing budget for 2012-2013.

 

Other Staff Comments

Relevant staff have been consulted.

 

Public Consultation

Public Exhibition stage was held from 23 August 2012 to 20 September 2012 with no submissions received.

 

Conclusion

The Councillor Expenses and Facilities Policy is a standard governance document in local Government and is reviewed annually.  For approval by Council.

 

 

 

ATTACHMENTS

Attachment 1View

Councillor Expenses & Facilities Policy 2012

22 Pages

 

 

 

RECOMMENDATION

 

That Council adopt the amended Councillor Expenses and Facilities Policy.

 

 

 

 

 

 

 

 

 

Nellette Kettle

Director Corporate & Community Services

 

 

 

 


Attachment 1

 

Councillor Expenses & Facilities Policy 2012

 























Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 CM10.9

Subject                            INVESTMENT REPORT AUGUST 2012

 

File Ref                            Financial Management/Reports/Investment Report

 

Prepared by                   Myooran Vinayagamoorthy - Chief Financial Officer       

 

 

Reasons                          Legislative Requirement

 

Objective                         To report the balance of investments as at 31 August 2012

 

 

 

 


Overview of Report
In accordance with the requirements of Clause 212 of the Local Government (General) Regulation 2005, Council is provided with a listing of all investments made pursuant to Section 625 of the Local Government Act 1993 and held as at 31 August 2012.

 

Background

Clause 212 of the Local Government (General) Regulation 2005 requires that a report be presented to Council each month listing all investments with certification from the Responsible Accounting Officer.

 

Investment Balances

Council’s cash at bank and investments as at 31 August 2012 amounted to $21,376,593.04. It should be noted that the amount currently invested represents all of Council’s external and internal restrictions (i.e. grants, section 94 funds, loans, etc) as well as cash flow requirements.

 

The movement of cash and investments during the month of August 2012 is as follows:

 

Cash at Bank and Investments as at 31 July 2012                                            $16,471,871.64

Increase/(Decrease) during the month of Aug 2012                                        $  4,904,721.40

Cash at Bank and Investments as at 31 Aug 2012                                            $21,376,593.04

                                                                                              

Represented By:

Book Value          of Investments                                                                               $19,226,222.24

Cash at Bank                                                                                                      $  2,150,370.80 

                                                                                                                            $21,376,593.04

 

Receipts for the month of August exceeded payments because the first instalment of Rates and Annual Charges was due on 31 August 2012.

 

Return on Investment

The following tables show the return on investment of Council’s funds over a range of periods. Fluctuations in monthly returns occur due to the quarterly receipt of CDO income and the annual adjustment of the fair value of the CDO.


 

Date

Monthly Return*

Quarterly Return*

Annual Return*

Two Years Return*

Three Years Return*

31/08/2012

7.71%

6.71%

5.64%

5.99%

5.93%

31/07/2012

4.90%

5.77%

5.27%

5.76%

5.75%

30/06/2012

7.18%

5.59%

5.21%

5.50%

5.69%

31/05/2012

5.13%

4.98%

5.54%

6.40%

4.83%

30/04/2012

4.04%

5.21%

5.66%

6.38%

4.78%

31/03/2012

5.69%

5.51%

6.01%

6.38%

4.79%

29/02/2012

5.75%

5.72%

6.20%

6.33%

4.85%

31/01/2012

5.02%

5.16%

5.98%

6.29%

4.83%

31/12/2011

6.31%

4.90%

6.07%

6.27%

4.76%

30/11/2011

4.29%

4.92%

6.25%

6.21%

4.80%

31/10/2011

4.20%

4.91%

6.24%

6.19%

4.67%

30/09/2011

6.24%

4.83%

6.17%

6.13%

4.72%

* Returns are calculated based on the closing monthly balance of cash & investments.

 

The average yield on the short term portfolio for August 2012 was 4.96% whilst the comparative benchmark yield for 90 days bank swap rates was 3.65%.

 

Interest earned for this financial year to date is $137,389 compared to the budget amount of $88,000.

 

The market value of Aphex Pacific Capital CDO as at 31 July 2012 as per the reports provided by Australia and New Zealand Group Limited is $41,345.

 

 

Other Staff Comments

Nil

 

Public Consultation

Nil

 

Conclusion

I certify that the investments have been made in accordance with the Local Government Act 1993 (as amended), the Local Government (General) Regulation 2005 and the Council’s Investment Policy adopted 23/8/2011 at the Budget and Operations Review Committee meeting.

 

 

 

ATTACHMENTS

Attachment 1View

Investment Portfolio August 2012

2 Pages

 

Attachment 2View

Investment Graph Aug 2012

1 Page

 

Attachment 3View

Interest Income Graph Aug 2012

1 Page

 

Attachment 4View

ANZ CDO Report July 2012

10 Pages

 

 


 

 

RECOMMENDATION

 

That the investment report be received and noted.

 

 

 

 

 

 

 

 

 

 

Nellette Kettle

Director Corporate & Community Services

 

 

 

 


Attachment 1

 

Investment Portfolio August 2012

 



Attachment 2

 

Investment Graph Aug 2012

 


Attachment 3

 

Interest Income Graph Aug 2012

 


Attachment 4

 

ANZ CDO Report July 2012

 











Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 CM10.10

Subject                            DRAFT FINANCIAL STATEMENTS FOR 2011/12

 

File Ref                            Finance/Annual Statement

 

Prepared by                   Myooran Vinayagamoorthy - Chief Financial Officer       

 

 

Reasons                          Statutory Requirement

 

Objective                         To obtain Council’s consent to refer the draft financial statements to audit.

 

 

 


Overview of Report
A draft set of financial statements for the year ended 30 June 2012 have been prepared and are presented for Council.

 

It is a requirement of Clause 215 of the Local Government General Regulation that Council resolve that the Councillors/Management Statement be signed and the accounts then be referred to audit.

 

 

Background

Section 415 (1) of the Local Government Act 1993 (the Act), states an Auditor must audit the council’s financial reports as soon as practicable. Section 413 (2c) of the Act states the financial reports must include a statement in the approved form by the council as to its opinion on the general purpose financial report.

 

The understanding of this is that the Statement by Councillors and Management should be signed prior to submission to the Auditor for audit. The statement should also be signed by a resolution of full council, rather than a committee of council.

 

The requirement of Council is as follows:

 

A Council meeting should to be held (once the DRAFT set of financial statements have been prepared) at which:

(i) Council's DRAFT Financial Statements are "referred to audit" [sect 413 (1)]

(ii) Council must make a resolution in accordance with sect 413 (2c) that:

·    the annual financial report is in accordance with:

o Local Government Act 1993 (as amended) and the Regulations made there under;

o the Australian Accounting Standards and professional pronouncements; and

o the Local Government Code of Accounting Practice and Financial Reporting;

·    the annual financial statements:

o presents fairly the Council’s operating result and financial position for the year;

o accords with Council’s accounting and other records; and

o that the Council is not aware of any matter that would render this report false or misleading in any way.


 

(iii) Council should adopt the Councillors/Management "Statement" and resolve that it be signed and attached to the draft financial statements.

 

Further:

 

Given the tight time frames within which the auditor’s report must be presented to the public, Council should delegate to the General Manager the authority to "finalise the date" at which the auditor’s report and financial statements are to be presented to the public [as per section 418 (1) of the Act].

 

Council should also delegate to the General Manager the authority to "authorise the Annual Financial Statements for issue immediately upon receipt of the auditor’s reports" subject to there being no material audit changes or audit issues, in accordance with AASB 110. This will mean the "authorised for issue" date, which must be disclosed in the Council's financial statements will be the same date as the audit reports.

 

Commentary:

 

Overall Council’s financial position is sound. Council’s Auditor will provide detailed comment on its financial position in their report.

 

Certification:

 

The attached annual financial statements have been prepared in accordance with the:

 

·    Local Government Act 1993 (as amended) and the Regulations made there under:

·    Australian Accounting Standards and professional pronouncements;

·    Local Government Code of Accounting Practice and Financial Reporting;

·    Local Government Asset Accounting Manual.

 

To the best of our knowledge and belief, these statements:

 

(a)     present fairly Council’s financial position and operating result for the year; and

(b)     accord with Council’s accounting and other records.

 

We are not aware of any matter that would render the reports false or misleading in any way.

 

Financial Implications

Nil

 

Other Staff Comments

Nil

 

Public Consultation

Nil


 

Conclusion

The draft financial statements have been prepared and once adopted, will be referred to audit.  Provided there are no material changes to the financial statements as a result of the audit, a date will be set for the annual meeting.

 

 

 

ATTACHMENTS

Attachment 1View

Draft Financial Statements 2011-12

73 Pages

 

 

 

RECOMMENDATION

 

1/5     That Council resolve to adopt the draft financial statements.

 

2/5     That Council resolve to authorise the Mayor and Deputy Mayor to sign the Statement by Councillors and Management included in the adopted accounts on behalf of Council.

 

3/5     That Council resolve that the adopted financial statements be referred to Council’s external auditor and internal audit committee.

 

4/5     That Council resolve to delegate to the General Manager the authority to "finalise the date" at which the auditor’s report and financial statements are to be presented to the public.

 

5/5     That Council resolve to delegate to the General Manager the authority to authorise the Annual Financial Statements for issue immediately upon receipt of the auditor’s reports subject to there being no material audit changes or audit issues.

 

 

 

 

 

 

 

 

 

 

Nellette Kettle

Director Corporate & Community Services

 

 

 

 


Attachment 1

 

Draft Financial Statements 2011-12

 










































































Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 CM10.11

Subject                            INTERNAL AUDIT COMMITTEE UPDATE - JULY 2012

 

File Ref                            IAC

 

Prepared by                   Vanessa Chan - General Manager       

 

 

Reasons                          To provide Council with a brief summary of the matters discussed at the Internal Audit Committee meeting held 16 July 2012.

 

Objective                         To provide assurance to Council that the Internal Audit Committee is meeting its responsibilities under the Internal Audit Charter.

 

 


Overview of Report

This report provides a brief summary of the matters discussed at the Internal Audit Committee meeting held 16 July 2012. It include issues of interest and assures Council that the work of the Internal Audit Committee is in keeping with its responsibilities under the Internal Audit Charter.

 

 

Background

 

At the Internal Audit Committee meeting held 16 July 2012, the Committee reviewed its Charter and resolved to submit a report to Council following each Committee meeting in order to provide a brief summary of the matters discussed, raise any issues of interest and assure Council that the Committee is fulfilling it’s responsibilities under the Internal Audit Charter.

 

This report, our first, has been prepared by the General Manager in consultation with the Committee Chairperson.

 

Work conducted and matters discussed 16 July 2012, included:

 

Election of a new Chairperson, Uttam Mukherjee until the end of the current Council term. This follows the resignation, for personal reasons, of the previous Chairperson Ms Lee Wong. Ms Wong’s tremendous service to the Committee as one of its foundation members was acknowledged.

 

The Committee undertook reviews of Council’s Internal Audit Charter and the Internal Audit Committee Charter.

 

A report was considered examining the appropriateness of publishing the business papers of the Internal Audit Committee. On this issue the Committee determine to instead provide this report and maintain the confidentiality of the Internal Audit process in keeping with industry leading practice and the DLG Guidelines.


 

The Committee noted that 4 Internal Audits had been completed as part of the Annual Plan. These included:

·    Review of the Integrity of the EDMS

·    Review of Business Continuity Management

·    Review of Management of Leases

·    Review of Management of Supplier Contracts

 

A Status Update was provided by Management outlining progress against the recommended actions contained in each of these Audits. The General Manager also presented a detailed progress report against the recommendations of the Ernst and Young Inquiry into the Civic Centre Redevelopment Project.

 

The Committee was provided with and discussed the 6 monthly management letter from our external auditors and discussed the performance assessment process applied by the SSROC to staff in the Internal Audit shared service.

 

Tenure of independent external members

 

As part of the review of Internal Audit Committee Charter the Committee determined that the independent external members should be appointed for a period of 4 years, but in the interests of continuity, that this represent a split term against the elected Councillor Committee members.

 

In order to facilitate this, and mindful that our current independent external members have only served two years, it was agreed that the General Manager review the performance of the current members and, as appropriate, recommend to Council that their tenure be renewed for a further 2 years.

 

I have conducted an assessment of the performance of the current independent external members and strongly recommend renewal of their tenure for a further 2 years.

 

We note that we have previously had 3 independent external members and so the Committee has recommended that Council advertise for the third position to serve for a 2 year period.

 

Financial Implications

NIL

 

Other Staff Comments

NIL

 

Public Consultation

NIL

 

Conclusion

 

It is the assessment of the Internal Audit Committee Chairperson, Uttam Mukherjee and Council’s General Manager, Vanessa Chan, that the Committee is fulfilling its role and obligations in accordance with the Internal Audit Charter.


 

 

ATTACHMENTS

There are no supporting documents for this report.

 

RECOMMENDATION

 

1/3    That Council receive and note this report.

 

2/3    That Council renew the tenure of the current independent external           members           of the Internal Audit Committee, being Uttam Mukherjee and           Heather Smith for a period of 2 years.

 

3/3    That Council advertise for a third independent external member to serve           for a 2 year period.

 

 

 

 

 

 

 

 

Vanessa Chan

General Manager

 

 


Ashfield Council – Report to Ordinary Meeting held on Tuesday 09 October 2012 CM10.12

Subject                            IPART LOCAL GOVERNMENT COMPLIANCE AND ENFORCEMENT REVIEW

 

File Ref                            Governance

 

Prepared by                   Charles Latimer - Governance Project Officer       

 

 

Reasons                          To advise Council of the Regulation Review of Local Government Compliance and Enforcement being conducted by the NSW Independent Pricing and Regulatory Tribunal (IPART).

 

 


Overview of Report
IPART is conducting a Regulation Review of local government compliance and enforcement activities with the aim of reducing regulatory costs on business and the community. A Fact Sheet and Issues Paper have been released with a public call for submissions and information to be sought from stakeholders.

 

Background

The Independent Pricing and Regulatory Tribunal (IPART) is conducting a Regulation Review of local government compliance and enforcement activities as part of the NSW Government’s target of reducing $750 million of ‘red tape’ costs for business and the community by June 2015. The focus of the review is to look at how Councils implement and enforce regulations particularly those which impost the greatest cost on business and the community. The terms of reference for the review includes seeking ways to improve:

 

·    The interaction and coordination between local government and NSW Government departments.

·    The resources and skills of local government to undertake regulatory responsibilities.

·    The quality of regulatory administration by local government, including consistency of approach, economies of scale and mutual recognition across local government boundaries.

 

Of note, the review intends to identify best practice approaches, provide reform opportunities and examine the ‘culture’ of regulatory services including the extent to which best practice approaches are applied by local government.

 

A Fact Sheet and an Issues Paper has been prepared to guide responses including posing 28 questions to enable specific information to be obtained. Some of the questions are directed at stakeholders other than Councils however specific Council-related questions form the majority. A number of questions are quite broad in scope including: Can you suggest ways that local government and State government agencies can work together to reduce red tape? Are there other ways to enhance assistance to councils ?


 

Ashfield Council has received a survey form from IPART as part of the review process for which Regulatory Services staff are preparing a response. The Fact Sheet is attached to this brief and the full Issues Paper (61 pages) can be located at:

http://www.ipart.nsw.gov.au/Home/Industries/Regulation_Review/Reviews/Local_Government/Local_Government_Compliance_and_Enforcement

 

The indicative review timetable being followed by IPART is shown below:

 

Task

Timeframe

Release Issues Paper

17 September 2012

Release Register

Early October 2012

Stakeholder submissions due

29 October 2012

Public Roundtable

4 December 2012

Release draft report

Late March 2013

Receive submissions to draft report

Mid May 2013

Deliver Final Report to Government

Late June 2013.

 

 

Financial Implications

N/A

 

Other Staff Comments

Regulatory services staff are providing a range of information to IPART through the completion of an IPART survey.

 

Public Consultation

Not required as the review is public domain as part of the role of IPART.

 

Conclusion

Council may or may not wish to provide a submission to IPART addressing those questions pertinent from a local government point of view.

 

 

ATTACHMENTS

Attachment 1View

IPART - Fact Sheet - Local Government Compliance and Enforcement Review

5 Pages

 

 

 

RECOMMENDATION

 

That Council note the information.

 

 

 

 

Nellette Kettle

Director Corporate & Community Services

 

 


Attachment 1

 

IPART - Fact Sheet - Local Government Compliance and Enforcement Review