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CITY OF RYDE GENERAL MANAGER’S REPORT NO. 19/04 Council Meeting – 14 December 2004 CONTENTS Item Property/Subject Page 1 INVESTMENTS .........................................................................................................1 2 AUTHORITY TO AFFIX SEAL .................................................................................5 3 COURT ACTIONS – Progress Report....................................................................6 4 COUNCILLOR WORKSHOPS ................................................................................. 7 5 SIDS AND KIDS NSW – Request for permission to sell Red Nose Day products in the City of Ryde ..................................................................................8 6 HERBERT STREET DRAINAGE - Status Report ..................................................9 7 MODIFICATIONS TO EXISTING MOBILE PHONE INFRASTRUCTURE ...........11 8 DELEGATIONS UNDER THE FOOD ACT 2003...................................................13 9 POWER OF ATTORNEY........................................................................................15 10 TOWARDS A SUSTAINABLE CITY OF RYDE – Proposal for a Sustainability Strategy..........................................................................................21 11 MACQUARIE PARK CORRIDOR – Draft Local Environmental Plan No.137 .....................................................................................................................27 12 EXPRESSIONS OF INTEREST FOR THE INTERIOR FIT-OUT TO NEW WEST RYDE LIBRARY ................................................................................58 13 COST OF THE NEW STATE EMERGENCY SERVICES HEADQUARTERS .....63 14 MEADOWBANK PARK TENNIS COURTS – Expression of Interest including occupancy licence ...............................................................................65 LATE ITEMS 15 WEST RYDE LAND TRANSFER AND DEVELOPMENT DEED – Fabcot Pty Limited and the City of Ryde ............................................................70 16 UPDATE ON DAMAGE BRUSH FARM HOUSE AND OVERVIEW OF IMPLEMENTATION PROGRAMME – BRUSH FARM HOUSE ...........................71

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Page 1: CITY OF RYDE GENERAL MANAGER’S REPORT NO. 19/04 · General Manager’s Report No. 19/04 10 December 2004 This is page no. 1 of the General Manager’s Report No.19/04, dated 10

CITY OF RYDE

GENERAL MANAGER’S REPORT NO. 19/04

Council Meeting – 14 December 2004

CONTENTS

Item Property/Subject Page

1 INVESTMENTS.........................................................................................................1

2 AUTHORITY TO AFFIX SEAL.................................................................................5

3 COURT ACTIONS – Progress Report....................................................................6

4 COUNCILLOR WORKSHOPS................................................................................. 7

5 SIDS AND KIDS NSW – Request for permission to sell Red Nose Dayproducts in the City of Ryde ..................................................................................8

6 HERBERT STREET DRAINAGE - Status Report..................................................9

7 MODIFICATIONS TO EXISTING MOBILE PHONE INFRASTRUCTURE...........11

8 DELEGATIONS UNDER THE FOOD ACT 2003...................................................13

9 POWER OF ATTORNEY........................................................................................15

10 TOWARDS A SUSTAINABLE CITY OF RYDE – Proposal for aSustainability Strategy..........................................................................................21

11 MACQUARIE PARK CORRIDOR – Draft Local Environmental PlanNo.137 .....................................................................................................................27

12 EXPRESSIONS OF INTEREST FOR THE INTERIOR FIT-OUT TONEW WEST RYDE LIBRARY ................................................................................58

13 COST OF THE NEW STATE EMERGENCY SERVICES HEADQUARTERS .....63

14 MEADOWBANK PARK TENNIS COURTS – Expression of Interestincluding occupancy licence ...............................................................................65

LATE ITEMS

15 WEST RYDE LAND TRANSFER AND DEVELOPMENT DEED –Fabcot Pty Limited and the City of Ryde ............................................................70

16 UPDATE ON DAMAGE BRUSH FARM HOUSE AND OVERVIEW OFIMPLEMENTATION PROGRAMME – BRUSH FARM HOUSE ...........................71

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NOTICES OF MOTION

1 Notice of Motion in the name of Councillor Campbell re immediate actions(and resource allocation within Council) in conjunction with Council’sHeritage Advisory Committee and the RSL Sub Branches within Ryde, toplan and promote a range of heritage activities to commemorate the 90th

anniversary of World War I and regular reports on program in the lead up toAnzac Day 2005.

2 Notice of Motion in the name of Councillor Ryan re the General Managerreporting on possible amendments to the Local Environmental Plan andDCP for the Eastwood Town Centre to ensure that future developments areof the highest possible quality (including sustainability issues) and that theprinciples of human scale and an urban village are respected.

3 Notice of Motion in the name of Councillor Petch re the General Managerinvestigating any potential risk to residents of Ryde presented by theproposal to incinerate dioxin on the Rhodes peninsular as a method ofrehabilitating site for development and authorising necessary steps toprotect the health of the residents of Ryde from any pollution created bysuch disposal methods.

4 Notice of Motion in the name of Councillor Butterworth re Ryde CityCouncil’s involvement with local schools, in particular its involvement withannual speech and presentation days.

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General Manager’s Report No. 19/04 10 December 2004

This is page no. 1 of the General Manager’s Report No.19/04, dated 10 December2004, submitted to Council on 14 December 2004.

General Manager Chairperson

GENERAL MANAGER’S REPORT NO.19/04

10 December 2004

The Mayor and Councillors

1 INVESTMENTS

The Manager – Financial Services reports 10 December 2004 that the investmentslisted in ‘ANNEXURE A’ are held by the Council.

RECOMMENDATION:

That the investments listed in ‘Annexure A’ of the General Manager’s Report No. 19/04and the Certificate of the Manager – Financial Services dated 10 December 2004 bereceived and noted.

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General Manager’s Report No. 19/04 10 December 2004

This is page no. 2 of the General Manager’s Report No.19/04, dated 10 December2004, submitted to Council on 14 December 2004.

General Manager Chairperson

ITEM 1 (continued) ANNEXURE A

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General Manager’s Report No. 19/04 10 December 2004

This is page no. 3 of the General Manager’s Report No.19/04, dated 10 December2004, submitted to Council on 14 December 2004.

General Manager Chairperson

ITEM 1 (continued) ANNEXURE A (continued)

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General Manager’s Report No. 19/04 10 December 2004

This is page no. 4 of the General Manager’s Report No.19/04, dated 10 December2004, submitted to Council on 14 December 2004.

General Manager Chairperson

ITEM 1 (continued) ANNEXURE A (continued)

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General Manager’s Report No. 19/04 10 December 2004

This is page no. 5 of the General Manager’s Report No.19/04, dated 10 December2004, submitted to Council on 14 December 2004.

General Manager Chairperson

2 AUTHORITY TO AFFIX SEAL

The authority of Council is required to affix the seal to the following documents:-

(a) 88B Instrument and Survey Plan – Closure of Well Street, Ryde.

RECOMMENDATION:

That the seal of Council be affixed to documents (a).

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General Manager’s Report No. 19/04 10 December 2004

This is page no. 6 of the General Manager’s Report No.19/04, dated 10 December2004, submitted to Council on 14 December 2004.

General Manager Chairperson

3 COURT ACTIONS – Progress Report

Address Description Current Status Costs100 LancasterAvenue,Melrose Park

Illegal fill Orders were issued by Land andEnvironment Court on 14/05/2001 toremove fill and rectify the land. Theproperty is under contract for sale. Meeting held with owners solicitors andCouncil has resulted in a deed ofagreement being drawn up to ensureCouncil’s costs are recovered and theland is remediated by the new owner.

$23,000Not yetrecovered.

1A & 1B KentRoad,North Ryde

Unauthorisedconversion anduse of duplex into4 flats

Judgement Debt against Larry Chinfinalised. Appeal on convictiondismissed. Bankruptcy actioncontinuing. (Application for leave toappeal to the High Court lodged by MrChin in June 2004.)

$26,136.75$7,500 fine(Allrecoverable)

61 AnzacAvenue, WestRyde

Prosecution actionagainst owner of aproperty in relationto an allegedunauthorisedhome industry

Hearing date 9 August 2004.Prosecution successful. Owner given14 days to cease operations. Injunctionin place. Costs Order issued - owner topay.

Not yetdetermined

7-9 RutledgeStreet,Eastwood

Mixed commercial/ residentialdevelopment

Hearing dates 16 & 17 December 2004. Not yetdetermined

16 FrancesStreet, Putney

New dwelling Application approved by Council.Matter discontinued.

Not yetdetermined

6 StratfordAvenue,Denistone

Villas Hearing dates 22 & 23 February 2005. Not yetdetermined

RECOMMENDATION:

That the progress report on court actions be received and noted.

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General Manager’s Report No. 19/04 10 December 2004

This is page no. 7 of the General Manager’s Report No.19/04, dated 10 December2004, submitted to Council on 14 December 2004.

General Manager Chairperson

4 COUNCILLOR WORKSHOPS

In accordance with Council's resolution of 26 June 2001, I wish to report on theCouncillor Workshops held in the last month.

Date: 23 November 2004, 4.00pmSubject: Ryde Library, Top Ryde LEP and Top Ryde Shopping CentrePresent: The Mayor, Councillor T W Perram (Chairperson) and Councillors

M P Butterworth, N B Campbell, T P McCosker, C M Netterfield,G O’Donnell, I J Petch, T D A Ryan, V J Tagg, E M Wilde OAM andS Yedelian.

Leave of Absence: Councillor M Melhem

Staff Present: General Manager, Group Manager – Civic Services, GroupManager - Public Works and Services, Group Manager –Environmental Planning, Group Manager – Corporate Services andManager Library Services.

Date: 30 November 2004, 4.00pmSubject: Ryde Park Masterplan, Next Generation, Macquarie Park

Masterplan, and Baptist Community Services.Present: The Deputy Mayor, Councillor G O’Donnell (Acting Chairperson),

Councillors M P Butterworth, N B Campbell, T P McCosker,I J Petch, V J Tagg and E M Wilde OAM. CouncillorsC M Netterfield and S Yedelian were present for part of theworkshops.

Apologies: The Mayor, Councillor T W Perram and Councillor T D A Ryan.

Leave of Absence: Councillor M Melhem

Staff Present: General Manager, Group Manager – Civic Services, GroupManager - Public Works and Services, Group Manager –Environmental Planning, Group Manager – Corporate Services,Manager Strategic Planning, Client Manager, The IntegratedPlanning Co-ordinator and Landscape Architect.

RECOMMENDATION:

That the information be received and noted.

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General Manager’s Report No. 19/04 10 December 2004

This is page no. 8 of the General Manager’s Report No.19/04, dated 10 December2004, submitted to Council on 14 December 2004.

General Manager Chairperson

5 SIDS AND KIDS NSW – Request for permission to sell Red Nose Dayproducts in the City of Ryde

ReportSIDS and Kids NSW have by fax dated 8 November 2004, requested permission forvolunteers to sell red nose products in the City of Ryde on Friday 24 June 2005.

The SIDS and Kids organisation have carried on this activity within the city previouslywith no incidents reported.

The usual conditions placed on any such approval for sale of charitable items in thecity are:

1. That the volunteers do not interfere with the free flow of pedestrians on thefootway

2. No signage or street stalls on the footway3. No littering4. All volunteers are restricted to the footpath only and no disturbance caused to the

flow of traffic.5. All volunteers to clearly display appropriate Authorisation from SIDS and Kids

NSW6. Volunteers comply with any direction from Council’s rangers7. Documentary evidence to be provided to Council of appropriate Public Liability

Insurance

RECOMMENDATION:

That approval be given to volunteers from SIDS and Kids NSW to sell Red Nose Dayproducts in the City of Ryde on Friday the 24 June 2005 subject to the conditions asoutlined in the report of the General Manager dated 10 December 2004.

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General Manager’s Report No. 19/04 10 December 2004

This is page no. 9 of the General Manager’s Report No.19/04, dated 10 December2004, submitted to Council on 14 December 2004.

General Manager Chairperson

6 HERBERT STREET DRAINAGE - Status Report

File No. DO336-02

Report SummaryDelays and associated costs are currently being experienced on the Herbert StreetDrainage Project. The delays are related to Sydney Water Corporation’s failure toundertake programmed shutdowns of its infrastructure to allow works to proceed. It isproposed to claim any additional costs related to these delays from the Corporation.

BackgroundCouncil’s Management Plan 2004/05 has an allocation of $550,000 for the upgrade ofthe drainage system at the intersection of Herbert St and Anzac Avenue, West Ryde.Prior to the installation of stormwater box culverts, major adjustments to Sydney Waterinfrastructure is required.

Council on the 25th May 2004 considered tenders from Sydney Water accreditedcontractors to undertake these adjustments. Council resolved: That the tender forContract PWS97/04 for the adjustment to sewer and watermain infrastructure at HerbertSt, West Ryde be awarded to E L Civil Engineering, for an amount of $179,330.

The contracted adjustment works were originally programmed to be completed duringthe cooler months of the year as a requirement of Sydney Water. Following the contractworks, council was initially programmed to complete the drainage works before the endof the year.

ReportThe scope of the contracted works are as follows: -1) Divert a 100mm dia. and 150mm dia. reticulation main around the proposed

drainage installation.2) Divert a deep sewer main around the proposed drainage Installation.3) Adjust three large Water Mains (2 x 750-mm dia. & 1 x 500mm dia) and provide

concrete encasement for protection.

The contractor under council supervision started in July and successfully completeditems 1 & 2 of the scope of works within the scheduled time.

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General Manager’s Report No. 19/04 10 December 2004

This is page no. 10 of the General Manager’s Report No.19/04, dated 10 December2004, submitted to Council on 14 December 2004.

General Manager Chairperson

ITEM 6 (continued)

Item 3 involves the shut down of three of Sydney Water’s large carrier mains for thecontract works to be undertaken. As these mains are rarely shut down by Sydney Waterproblems have been experienced with the operation of the large valves involved.Sydney water has been carrying out ongoing repairs and trial shut-downs to hopefullyovercome these valve problems. If successful the Contractor will be able to complete theadjustments and the concrete encasement of the mains before the end of the year. Thecurrent water restrictions have also exacerbated the situation with the prioritisation ofmaintenance works by Sydney Water.

At this stage it is anticipated that the completion of Council’s drainage works will bedelayed by up to three months, finishing in April.

In addition to the three-month delay, costs are being incurred due to Sydney Water’sinfrastructure problems. Although the contractor is co-operating with Council underdifficult circumstances, he is also entitled to claim variations under the contract for re-establishment and ongoing site costs. Under the contract, Council has responsibility formaintaining road closure facilities at the site and also meeting interest payments on aBankers Guarantee which is being held as a security deposit against the work bySydney Water. It is envisaged that an additional three months interest will be payabledue to the above circumstances. It is proposed that these and any other costsassociated with the delay in shutting-down the mains will be claimed as compensationfrom Sydney Water at the completion of works.

Financial ImpactThe cost of the drainage installation in Herbert St and associated adjustments of SydneyWater infrastructure is provided for in the current budget. Any additional costs incurreddue to Sydney Water delays will be claimed back from the Corporation.

RECOMMENDATION:

(a) That the status report concerning the delays and additional costs being incurred tothe Herbert Street Drainage Project due to Sydney Water infrastructure problemsbe received and noted.

(b) That Sydney Water Corporation be advised that significant delays and costs haveoccurred to Council on the Herbert Street Drainage Project as a consequence ofit’s inability to manage its infrastructure, and Council will be seeking compensationfor additional costs incurred.

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General Manager’s Report No. 19/04 10 December 2004

This is page no. 11 of the General Manager’s Report No.19/04, dated 10 December2004, submitted to Council on 14 December 2004.

General Manager Chairperson

7 MODIFICATIONS TO EXISTING MOBILE PHONE INFRASTRUCTURE

Report SummaryCouncil recently was advised by Vodafone Australia that it is upgrading existing sitesand selecting new sites for a new high speed next generation (3G) mobile network inand around Sydney. This network is referred to as the “2100 network”, to reflect thebandwidth in the radio spectrum allocated to Vodafone for this purpose.

All of the main mobile phone carriers will be upgrading their existing services to competewith the new technology available, with joint agreements being reached between Optusand Vodafone and between Telstra and Hutchinson to share network sites and radioinfrastructure.

Council will be receiving notifications from telecommunication carriers of proposedupgrades over the next 12 months.

BackgroundAll licensed telecommunication carriers must operate under the provisions of federallegislation being the Telecommunications Act 1997 and the Telecommunications Codeof Practice 1997. The 1997 Act exempts carriers from the requirements of State andTerritory environmental planning legislation in certain circumstances, including where aproposed facility falls within the definition of the Telecommunications (Low-impactFacilities) Determination 1997 (as amended)

Low impact facilities are radio or satellite antennas and receiver dishes attached to astructure that do not protrude any further than 3 metres from the structure. This meansthat facilities attached to plant rooms on buildings and electricity poles could all beconsidered low impact facilities and therefore do not require any Council planningapproval. However Council will be notified of any upgrades to low impact facilities in amove to provide additional consultation with the local community.

When a low impact facility exceeds industry guidelines or is within an area ofenvironmental significance (eg heritage) a development application will be required to belodged with Council. A development application will also be required for a mobile towerabove 5 metres in height.

In response to calls for greater consultation with Council and the community whentelecommunication base stations are installed, an Industry Code for the deployment ofRadiocommunications Infrastructure was produced by the Australian CommunicationsIndustry Forum (ACIF) and introduced in 2003.

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General Manager’s Report No. 19/04 10 December 2004

This is page no. 12 of the General Manager’s Report No.19/04, dated 10 December2004, submitted to Council on 14 December 2004.

General Manager Chairperson

ITEM 7 (continued)

The ACIF Code does not change the existing regulatory regime for telecommunicationsat Local, State or Federal level. However, it supplements the carriers existingobligations, particularly in relation to community consultation and the consideration ofexposure to radio signals, sometimes known as electromagnetic energy (EME).

ReportVodafone has advised Council of its intention to comply with the ACIF Code and toconsult with the Council and other key stakeholders and the community as required.

At a recent meeting between Vodafone and Council Planning officers, Vodafoneindicated that the carrier would be undertaking the commercial launch of Vodafone 2100network services in mid 2005. In selecting network base station sites in the City of Ryde,Vodafone will endeavour to utilise existing mobile network sites as extensively aspossible, or share other forms of existing infrastructure to build the 2100 network.

The network sharing agreement between Vodafone and Optus permits this co-locationarrangement which will minimise the number of new network facilities that are requiredto be built.

Some of the new works will be “Low Impact “in accordance with theTelecommunications (Low Impact Facilities) Determination and can be installed withoutCouncil planning approval, whereas other proposals will require Council planningapproval. Presently Vodafone is undertaking research to determine suitable locations forlow impact facilities and these sites will generally be around neigbourhood shoppingcenters or identified black spots where mobile phone coverage is limited.

Vodafone has indicated a commitment to community consultation and will adviseCouncil, local neighbourhoods and other stakeholders in the City of Ryde of any furtherdevelopments once sites are formalised.

RECOMMENDATION:

That the report on modifications to existing mobile phone infrastructures be received andnoted.

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General Manager’s Report No. 19/04 10 December 2004

This is page no. 13 of the General Manager’s Report No.19/04, dated 10 December2004, submitted to Council on 14 December 2004.

General Manager Chairperson

8 DELEGATIONS UNDER THE FOOD ACT 2003

FILE NO. S8669

Objective of ReportTo delegate certain functions of Council under the Food Act 2003 to the GeneralManager and to grant approval for certain powers of the Director-General of the NSWFood Authority to be delegated to the General Manager.

ReportThe Food Act 2003 commenced in February 2004 and confers certain functions onCouncil, including the service of prohibition orders (Section 60) and the appointmentof authorised officers (Section 114).

It is considered appropriate that these functions be delegated to the GeneralManager. In particular, prohibition orders, which protect public health and safety,should be served expeditiously without the need to wait for a formal meeting ofCouncil.

In addition, the Director-General of the NSW Food Authority has by Instrument ofDelegation dated 8 April 2004 delegated the following powers to the GeneralManager pursuant to Section 109E of the Food Act 2003:

“Exercise of the powers of the Director-General as the ‘appropriate enforcementagency’ for the purposes of the Food Standards Code Standard 3.2.2 clauses 15and 17, and Standard 3.2.3 clauses 10 and 14.”

These powers enable the Director-General to exempt certain premises from the needto comply with requirements relating to hand washing facilities and the construction offloors.

However, delegation of these powers is subject to the approval of Council underSection 381(3) of the Local Government act 1993.

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General Manager’s Report No. 19/04 10 December 2004

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General Manager Chairperson

ITEM 8 (continued)

RECOMMENDATION:

(a) That Council delegate to the General Manager pursuant to Section 377 of theLocal Government Act 1993 and every power thereto enabling, the followingfunctions under the Food Act 2003 (the Act):(i) To serve prohibition orders pursuant to Section 60 of the Act; and(ii) To appoint staff as authorised officers pursuant to Section 114 of the Act.

(b) That pursuant to Section 381(3) of the Local Government Act 1993, thedelegation to the General Manager from the Director-General of the NSW FoodAuthority dated 8 April 2004 to exercise the powers of the Director-General asthe ‘appropriate enforcement agency’ for the purposes of the Food StandardsCode Standard 3.2.2 clauses 15 and 17, and Standard 3.2.3 clauses 10 and 14be approved.

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General Manager’s Report No. 19/04 10 December 2004

This is page no. 15 of the General Manager’s Report No.19/04, dated 10 December2004, submitted to Council on 14 December 2004.

General Manager Chairperson

9 POWER OF ATTORNEY

File No. S1442

Report SummaryTo gain Council’s agreement to appoint the General Manager Mr. Michael Whittaker asits Attorney, as detailed in the ATTACHED Power of Attorney instrument.

ReportThe issuing of a Power of Attorney to the General Manager, will enable the GeneralManager to act and undertake Council’s business on its behalf and to sign and executevarious documents. This will replace the need for the Seal of Council to be affixed todocuments and it will be replaced by an attestation clause relating to the Power ofAttorney, if approved.

In essence, this Power of Attorney will authorise the General Manager to do, on behalfof Council, anything Council may lawfully authorise an attorney to do, noting that hecannot perform those functions stated in Section 377 of the Local Government Act 1993,which Council cannot delegate.

It should be noted that where a matter is known to be controversial, sensitive, or hasstrong Councillor interest, the intention is that the matter will be referred to Council fordetermination.

A survey of Group 3 Councils across the Sydney metropolitan area shows that Powersof Attorney are a common practice. In addition, Mr Whittaker had the Power of Attorneyat South Sydney City Council and as such is experienced in its use.

Financial ImpactThere is no financial impact associated with the recommendation of this report.

RECOMMENDATION :

(a) That Council appoints Michael Whittaker, General Manager as its Attorney asdetailed in the Power of Attorney instrument attached to the report of the GeneralManager dated 10 December 2004.

(b) That the Common Seal of Council be affixed to the Power of Attorneydocumentation.

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General Manager’s Report No. 19/04 10 December 2004

This is page no. 16 of the General Manager’s Report No.19/04, dated 10 December2004, submitted to Council on 14 December 2004.

General Manager Chairperson

ITEM 9 (continued)

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General Manager Chairperson

ITEM 9 (continued)

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General Manager Chairperson

ITEM 9 (continued)

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General Manager Chairperson

ITEM 9 (continued)

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General Manager Chairperson

ITEM 9 (continued)

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This is page no. 21 of the General Manager’s Report No.19/04, dated 10 December2004, submitted to Council on 14 December 2004.

General Manager Chairperson

10 TOWARDS A SUSTAINABLE CITY OF RYDE – Proposal for a SustainabilityStrategy

File No. S7201

Report SummaryTo formally disband the former Community Environmental Management StrategiesCommittee and to reform this committee with new terms of reference primarily to helpguide the development, implementation, review and reporting processes of aproposed Sustainability Strategy for the City of Ryde.

BackgroundIn adopting the 1998 State of the Environment Report Council resolved that:

“A working committee be formed by invitation to community organisations to nominaterepresentatives to examine Council’s SoE Reporting process, issues of environmentalmonitoring, and the matter of an overall environmental management strategy”.

This Committee was later formed in 1999 with the following terms of reference:

• To examine Council’s SoE Reporting process, and linkage between the thencurrent SoE Report and the Council’s 1999-2002 Management Plan.

• To consider issues of environmental monitoring.• To make recommendations to Council’s General Manager for the development of

environmental management strategies, so that the recommendations can beconsidered in policy development. Such strategies being consistent with propermanagement, development, protection, restoration, enhancement, andconservation of the environment, and promotion of the principles of ecologicallysustainable development.

• To make recommendations for ongoing community involvement in environmentalmanagement strategies beyond the adoption by Council of the 1999-2002Management Plan.

The Committee comprised 5 Council staff and 5 well credentialed communityrepresentatives namely:

• Mr John Constandopoulos• Dr Mark Dangerfield• Dr Vicky Sheppeard• Mr Guenter Hauber• Ms Cathy Merchant

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General Manager Chairperson

ITEM 10 (continued)

This Committee has, however, not met for over 2 years now and from recentdiscussions held with 3 of the 5 community representatives, the original terms ofreference are now outdated and were also considered at the time to be too broad. Theformer members have provided advice that any future committee should deal with more’meaty’ strategic task driven activities, such as a role in the development of acomprehensive Sustainability Strategy for the City.

This report sets out to do this.

ReportThe City of Ryde is committed to improving the sustainability of our internal operationsand of the City as a whole.

This commitment is about the simultaneous pursuit of 3 goals namely economicprosperity, social equity and environmental quality.

To achieve sustainability, the City of Ryde should be able to manage the City and itsown operations in a way, which maximises and ensures the long-term viability of each ofthese goals and, by this, increase the City’s natural, social and economic capital.

This is by no means an easy task but the development of a coordinated SustainabilityStrategy is seen as the most appropriate way of advancing the City’s commitmenttowards sustainability. To be effective, any such Strategy must be able to:

• Meet our social and economic needs in a way that takes account of theenvironment.

• Encourage employment which safe guards the welfare of future generations andintegrity of the local environment.

• Minimise the use of non-renewable resources and minimise waste production,ensure equitable access to and efficient use of energy including renewableenergy sources.

• Minimise resource usage, establish an integrated sustainable water andstormwater management system addressing capture, consumption, andtreatment and re-use opportunities.

• Protect and enhance our natural environment and our cultural heritage.

• Preside over a local environment that is safe and accessible for all and providesurban planning that accommodates life style and business opportunities.

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ITEM 10 (continued)

• Protect and enhance biodiversity, maintain ecological processes and systems,preserve bushland and urban green zone.

• Take account of global and regional impacts of local activity.

• Engage our citizens to enhance the quality of life and the environment.

• Make planning decisions that promote sustainable transport networks and theuse of public transport so as to reduce reliance on the use of private motorvehicles.

• Incorporate eco-efficiency principles into local development controls.

• Engage other Government and Non – Government Groups on key State andRegional issues to enhance quality of life and the environment at the State andRegional level.

The proposed Committee will serve the crucial role of coordinating the process andhelping to guide Strategy development, implementation, communication and reportingso as to provide the necessary balance for the most appropriate strategies to beselected.

To this end, one of the first tasks for this Committee will be to consider and agree on thefollowing 5 draft sustainability goals, as being the most relevant for the City of Ryde, sothat the strategy development process can commence.

These draft goals have been endorsed by the City’s Executive Team after acomprehensive review process undertaken with Service Unit Managers within theorganization over the past 2 months.

Goal 1 Environment – Protecting natural resources

To promote and where possible, enforce development and conservation systemswhich improves the quality of air, water and soil, which minimise the use of non-renewable resources and water, which encourages less waste to landfill and whichgenerally adopt a healthy city’s approach to minimise health and safety risks in theCity of Ryde.

Goal 2 Land Use and Transport

Develop a sustainable environment whereby activities are located close together andwalking, cycling, public transport and car-pooling are the main modes of transport for thecommunity of the City of Ryde.

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ITEM 10 (continued)

Goal 3 Character and Identity

Develop an urban design strategy to ensure that the urban village sense of place, valueand identity of the City of Ryde are improved, that its functional role and architecturalcharacter are reinforced, and its environmental and cultural heritage are conserved, allcombining to improve the quality of life of the community.

Goal 4 Community Well Being – Building our community

Provide a broad range of community services and facilities, which are responsive to theneeds of the local community and improve quality of life and well being.

Goal 5 City Management – Planning for change

To manage the development of the City (including its natural and built environment, itspeople, functions and movement systems) in a just and sustainable manner throughintegrated local and regional planning involving all spheres of government via an openand participatory decision making process.

In order for these goals to be actively met, the following fresh terms of reference areproposed for this Committee:

1. To examine City State of Environment Reporting process and linkages with theCity’s Management Plans;

2. To make recommendations to the City Executive Team for the development ofan appropriate Sustainability Strategy that can be incorporated into the CityManagement Plans. Such strategy is to be consistent with propermanagement, development, protection, restoration, enhancement andconservation of the environment and the promotion of the principles ofecologically sustainable development.

3. To consider issues of environmental monitoring and improvement for the City;

4. To make recommendations for ongoing community involvement in environmentalmanagement strategies that are linked to City Management Plans;

5. To review the Strategy on an annual basis and to make recommendations to theCity Executive Team on any Strategy improvement measures;

6. To work closely with the Manager, The Environment to coordinate the productionof the Chapter headed ‘ Towards Sustainability’ in the annual Ryde State ofEnvironment Reports; and

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ITEM 10 (continued)

7. To meet twice a year, on weekdays and during daytime or early evening hourswith meeting dates and times to be by mutual agreement.

Funding ImplicationsThe Committee can be funded through Council’s recurrent budget.

RECOMMENDATION:

(a) That a Draft Sustainability Strategy for the City of Ryde be prepared for Council’sconsideration and determination at a future meeting.

(b) That the former Community Environmental Management Strategies Committee,established by the City of Ryde in 1999, be disbanded.

(c) That the Group Manager, Environmental Planning facilitate the formation of a newCommunity Management Strategies Committee to help guide the development,implementation, review and reporting processes of a sustainability strategy for theCity of Ryde.

(d) That the proposed Community Environmental Management StrategiesCommittee comprise up to 5 community representatives and up to 5 Councilstaff, with former community members of the Committee (now disbanded) beinginvited to submit fresh expressions of interest for honorary appointment onto thenew Committee.

(e) That the following terms of reference for the proposed Community EnvironmentalManagement Strategies Committee as detailed in the report of the GeneralManager, dated 10 December 204 be adopted;

I. To examine City State of Environment Reporting process and linkageswith the City’s Management Plans;

II. To make recommendations to the City Executive Team for thedevelopment of an appropriate Sustainability Strategy that can beincorporated into the City Management Plans. Such strategy is to beconsistent with proper management, development, protection,restoration, enhancement and conservation of the environment and thepromotion of the principles of ecologically sustainable development.

III. To consider issues of environmental monitoring and improvement for theCity;

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ITEM 10 (continued)

IV. To make recommendations for ongoing community involvement inenvironmental management strategies that are linked to City ManagementPlans;

V. To review the Strategy on an annual basis and to makerecommendations to the City Executive Team on any Strategyimprovement measures;

VI. To work closely with the Manager, The Environment to coordinate theproduction of the Chapter headed ‘ Towards Sustainability’ in the annualRyde State of Environment Reports; and

VII. To meet twice a year, on weekdays and during daytime or early eveninghours with meeting dates and times to be by mutual agreement.

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11 MACQUARIE PARK CORRIDOR – Draft Local Environmental Plan No.137

File No. S9420-002

Report SummaryIn 2000 Council and the State Government, in partnership, commenced a planningprocess that developed a Structure Plan, Transport Management & Accessibility Plan(TMAP) and draft Master Plan for the Macquarie Park Corridor.

The future planning for the Corridor identified a higher growth path for the Corridor, withdenser development around the stations providing office accommodation, ground flooractivities/uses such as retail and cafes, for the ‘networked’ smaller firms andorganisations to be pursued. It also has focused on the role of the Corridor in the wholecrescent between the CBD and Parramatta, as a significant employment, developmentand distribution location.

The directions and provisions of the Master Plan are to be given effect through a localenvironmental plan (LEP) and development control plan (DCP).

The draft LEP was exhibited from the 29 September to 19 November 2004. A total of 61submissions were received on the draft LEP.

These submissions broadly cover the following elements of the plan:

Proposed Access and Park Network Development Density Car Parking Controls Permitted Activities Northern Precinct

The proposed zoning is designed to allow a greater range of commercial orientatedactivities around the rail station whilst retaining the existing technology and knowledgebased activities on the fringe of the Corridor, adjacent to Epping Road and the M2Motorway. The focus of activities around the stations is to create a different type ofenvironment, similar to a town centre, and to promote the type of activities that wouldsupport the rail.

It is considered appropriate to provide those properties affected by the proposed accessnetwork with an incentive to construct the roads. This incentive would be in the form ofbonus floor space equivalent to double the site area provided for the new road to beutilized on the remainder of the site. This bonus floor space would still require conformitywith other controls such as height, setback and parking.

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ITEM 11 (continued)

The provision of a bonus floor space for implementation of the access network providesa consistent approach to the use of bonuses across the Corridor and eliminates theneed to separately identify the secondary streets, parallel to Waterloo Road, as requiringspecial treatment. Therefore, the reference in the draft LEP to the bonus 0.5:1 floorspace ratio will be removed and replaced with the new floor space incentive applying tothe entire Corridor.

New roads are being proposed in those areas where a more ‘urban’ built form isconsidered desirable and it is within these areas that special attention will be given tolandscaping of the public domain.

The primary purpose of the proposed access network is to increase the accessibility ofthe area by allowing free and unrestricted movement of pedestrians. This will encouragegreater patronage of the rail through changes in the pattern of development close to thestation and more direct walking routes to the fringe locations. The secondary aim of theaccess network is to alleviate the congestion on the existing roads and intersections andprovide additional on-street parking for visitors to businesses in the area.

This Plan is about the long-term vision for the area with reduced dependency on carsand a focus on environmental sustainability. The RTA have been involved during thedevelopment of the Master Plan, in particular the proposed access network and haveindicated support for the proposal on the basis that it will assist the function of theregional road system and improve accessibility within the Corridor. The cost of providingthese streets will be fully considered in the development of the Section 94 ContributionPlan.

The LEP identifies a series of linear and local parks to achieve “green time out” spacefor workers. It is proposed to allow a floor space credit for pocket parks created as partof any site redevelopment.

The use of bonus floor space has generally not been promoted. However, it isconsidered appropriate to provide those properties affected by the proposed accessnetwork with an incentive to construct the roads. This incentive would be in the form ofbonus floor space equivalent to double the site area provided for the new road to beutilized on the remainder of the site. The use of bonus floor space in this manner wouldencourage the implementation of the access network within a shorter timeframe, whichis considered essential to deliver changes in built form around the stations and adjacentto the central spine.

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ITEM 11 (continued)

The parking rates have been largely developed through the TMAP process, with a focuson limited parking close to the stations. Parking around the fringe of the Corridor hasbeen relaxed as result of the feedback received during the preparation and exhibition ofthe Corridor Master Plan. DIPNR and the RTA have specified that the new parkingrates should be contained within the draft LEP, which is consistent with the currentsituation. It is proposed to incorporate the transitional parking arrangements within theDCP. Whilst this will require the application of the transitional parking rates to submit aSEPP 1 objection to vary the parking rates in the LEP, it will ensure that properconsideration has been given to whether a development meets the objectives of theparking controls.

The Master Plan, upon which the draft LEP is based, has been a joint venture with theState Government with a clear focus on the economic importance of the Corridor to theState and National economies. The position that residential accommodation willincrease rail patronage is not based on the provision of any sound research and isinappropriate given the current employment focus of the Corridor. Therecommendations in the Master Plan should be maintained, which involve promotion ofresidential around Macquarie University Station and around Macquarie Park / DelhiRoad is limited to hotels & serviced apartments.

A number of amendments have been recommended for the draft LEP and have beendetailed in this report.

No planning objection can be seen to proceeding to gazettal with the draft LocalEnvironmental Plan.

Planning and urban design consultants have been appointed to assist Council in thepreparation of a development control plan to support the draft LEP and guide futuredevelopment within the Macquarie Park Corridor. It is anticipated that a draft Plan will bepresented to Council in March 2005.

A draft Plan is being prepared to fund infrastructure improvements within the Corridor.Consultants have been engaged to develop a Community Facility Plan, Public DomainPlan and Strategic Drainage Plan. The purpose of these Plans is to identify and costinfrastructure required to meet the needs of future development. It is anticipated that adraft Plan will be presented to Council in March 2005.

The draft LEP incorporates the reclassification of 130 Talavera Road from ‘community’to ‘operational’ under the Local Government Act. A public hearing, in accordance withthe Local Government Act, was held on 12 November 2004. The hearing was presidedover by Mr Don Smith - Director of Don Smith Planning. The recommendation of MrSmith is that the land should not be reclassified at this time, until additional information isconsidered by Council, concerning the future intention for the land and the public havebeen made fully aware of these intentions.

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ITEM 11 (continued)

BackgroundIn 2000 Council and the State Government, in partnership, engaged governmentagencies, the Transport Infrastructure Development Corporation, landowners,business and community groups to ensure that transport and land use planning withinthe Macquarie Park Corridor is integrated and appropriate for the area (based on theproposed Chatswood to Parramatta Rail Link).

The planning process involved an extensive consultation process, which commencedwith a visioning process.

This journey began with a series of three workshops with landowners, businessoperators and community. The purpose of these workshops was to discuss thepotential future of the area.

Information from the consultation workshops, government reference group, Departmentof Urban Affairs and Planning and Ryde City Council have been complied to form avision statement that expressed how people see the area in terms of its look, feel andfunction in the future.

The vision for the Macquarie Park Corridor, which has further developed in theMaster Plan, is:

‘Macquarie Park will mature into a premium location for globally competitivebusinesses with strong links to the university and research institutions and anenhanced sense of identity.The Corridor will be characterised by a high-quality, well designed, safe andliveable environment that reflects the natural setting, with three accessible andvibrant railway station areas providing focal points. Residential and businessareas will be better integrated and an improved lifestyle will be forged for all thosewho live, work and study in the area.’

Representatives from each of the workshops were asked to nominate for astakeholder reference group to provide advice and feedback on key milestones andto inform the ongoing work of Council and the Living Centres Team. Membership ofthe group was based upon their ability to communicate with broad sectors of thecommunity and covered groups such as Law & Order, Youth, Environment,Disabilities, Aged, Cycling, Property Council of Australia and Business / Propertyrepresentatives.

A Government Reference Group representing numerous government agencies wasalso established to provide advice and feedback on the project. Membership of thegroup involves the key infrastructure, planning and economic agencies ofgovernment.

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ITEM 11 (continued)

A consultation / communication strategy was developed for the consultation phase of theStructure Plan, Transport Management & Accessibility Plan and draft Master Plan. Thisstrategy involved mail out and letterbox drops; information brochures; seminars /presentations; media releases; government and community reference groups; Council’swebsite and public displays.

A broad overview of each of these plans is outlined below:

Planning Study & Structure PlanThe study developed a base case against which change could be measured andidentified two scenarios for future development of the Corridor. It recommended that ahigher growth path for the Corridor, with denser development around the stationsproviding office accommodation, with ground floor activities/uses such as retail andcafes, for the ‘networked’ smaller firms and organisations be pursued.

The table below shows the employment targets for the high growth scenario identified inthe Structure Plan compared with the base case of no change to the planning regime forthe Corridor.

Year 2012 2021

Base Case 41,000 47,000

High Growth 44,360 55,880Macquarie Park Corridor Employment Growth Scenario

Whilst the difference between the base case and high growth is fairly modest, the highgrowth scenario focuses growth around the station locations. This growth pattern isdesigned to support the new public transport infrastructure and promotes changes intravel behaviour within the Corridor, rather than allowing unsustainable developmentacross the Corridor that contributes to higher traffic congestion.

The outcomes of the planning study and structure plan go beyond addressing the futuredevelopment of the Corridor and provide a more comprehensive approach thatintegrates economic development, workplace planning and physical and naturalenvironment considerations. In this regard the Macquarie Park Corridor has a role in thebroader view of the global arc between the CBD and Parramatta, and its role inmetropolitan employment development and distribution.

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ITEM 11 (continued)

Transport StudyThe Transport Management and Accessibility Plan (TMAP) considered the issuesassociated with the ongoing and future development of the Macquarie Park area inthe wider strategic context provided by metropolitan land use and employment trendsand major transport planning initiatives such as the Parramatta to Chatswood RailLink. The likely transport impacts of the preferred development scenario wereconsidered and a package of measures developed. Responsibility for implementingthe measures is allocated and funding mechanisms for the measures are discussedin the Plan.

The key recommendations of the TMAP are aimed at:• Infrastructure measures to upgrade pedestrian and cycle facilities and address the

traffic impacts of the forecast development;• Providing a strong emphasis on the need to manage the demand for car travel and

making interchanging between the various modes of transport as convenient aspossible;

• Supporting the introduction of Parramatta (now Epping) to Chatswood Rail Link; and• Preserving the long-term road accessibility of the area.

Master PlanThe Master Plan is a key component in the planning and urban design initiatives forthe Macquarie Park Corridor. It deals with potential development of the Corridor overthe next 20 to 50 years, with the continuation of recent trends towards developmentwith higher or complete commercial office components linked mainly to technologyindustries, research and development and the encouragement of denserdevelopment around the new stations.

In particular, development of the central landscaped spine will provide a focus for theCorridor with the development of additional roads to produce a street pattern bettersuited to the type of development being promoted. This new street network wouldsupport more intense development and allow for better movement of pedestrians,cyclists and vehicles, with reduced congestion at intersections around the Corridor.

To enhance the existing landscaped character of the Corridor it is proposed to provide aseries of linear parks, utilising overland flow paths, to encourage recreational circuits andcycle connections with adjoining residential areas and the national park. Smaller pocketparks will also be created, providing lunchtime passive and active recreationalopportunities for employees.

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ITEM 11 (continued)

Development around the stations will have a very urban character with taller buildings,set closer to the street with an active shop/cafes/pedestrian environment. Stationplaza’s, being the areas immediately surrounding the station entries, will be treated insuch a manner to provide bus stops, taxi ranks, kiss-and-ride facilities, quality publicdomain areas through superior landscaping and paving.

Increased residential development will be focused around the Macquarie Universitystation entry, which already has a sense of community. The Macquarie Park and DelhiRoad stations will initially target hotels and serviced apartments.

Master Plan Overview

Draft Master Plan considered by Council May 2003 Publicly exhibited June / July 2003

Issues raised:- Street Network - Development Contributions - Character Areas- Development Density - Porters Creek - Implementation- Car Parking Controls - Residential - Management- Permitted Activities - Parks

Focus Group (property owners) October 2003 Reference Group Meetings October 2003 Council amend Master Plan December 2003

(This was an agreement in principle to amendments, based on issues raised in duringthe exhibition, subject to further consultation with the focus group and reference groups)

Focus Group (property owners) February 2003 Reference Group Meetings February 2003 Master Plan amendments adopted February 2004 Final Master Plan June 2004

Draft Local Environmental PlanThe directions and provisions of the Master Plan are to be given effect through a localenvironmental plan (LEP) and development control plan (DCP). Council resolved on 3June 2003 to prepare a draft LEP in order to effect the development policies andstrategies espoused in the Master Plan for the Corridor.

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ITEM 11 (continued)

The draft Plan aims to: introduce the zones 3(g) Business Special (Employment) and 3(h) Business

Special (Mixed Activity); amend the provisions for 3(f) Business Special (Research and Development); introduce a set of planning principles that must be considered in assessing any

development applications; outline requirements for development that is within 15 metres of a zoning

boundary; introduce controls for floor space ratios and building heights; establish off street car parking requirements for commercial and industrial

development; apply restrictions on the development of serviced apartments; restrict retail activity in the Corridor. reclassify land at No.130 Talavera Road Macquarie Park (Lot 7, DP 842855),

owned by City of Ryde, from community land to operational land under theLocal Government Act 1993.

New land use zones are recommended for the Corridor, which will provide for a range ofactivities that reflect the character areas established in the Master Plan. To avoid thecreation of existing use rights it is proposed to retain of the existing permissible activities.The new zones will be:

1. Business Special (Research and Development)This zone will apply around the fringe of the Corridor and focus on research anddevelopment activities

2. Business Special (Employment)This zone will apply around the Macquarie Park and Delhi Road Stations and the centralspine focusing on commercial activity

3. Business Special (Mixed Activity)This zone will apply around the Macquarie University Station (Herring Road) and focuson commercial, retail and residential activities.

ReportA copy of the amended draft Local Environmental Plan No.137 is CIRCULATEDUNDER SEPARATE COVER.

Section 62 ConsultationsCouncil is required to consult with Government agencies under section 62 of the EP&AAct. Consultation was carried out in September 2003 and again in September 2004. Thefollowing agencies have replied:

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ITEM 11 (continued)

− Environment Protection Authority− Sydney Water− Rail Estate− Department of Housing− Member for Ryde− Transport Infrastructure Development Corporation− Rail Corp− State Transit Authority− Department of Environment & Conservation− Rural Fire Service− Energy Australia− Waterways− Hornsby Shire Council− Macquarie University

Environment Protection AuthorityCommentThe Authority makes the following points:

- Council has the opportunity to embed the principles of ESD firmly within theprecinct through various planning requirements and mechanisms.

- Council could consider adopting the Australian Building Greenhouse RatingScheme or aligning development requirements within the DCP to ensurecompatibility with the scheme.

- Planning controls in the LEP and DCP should reflect the need to ensure a betterenvironmental outcome for the Corridor.

- Recent research has shown that the degree of direct connection betweenstormwater systems and streams may be critical in determining the ecosystemhealth of those waterways.

- To achieve good aquatic health it is important to retain, or revegetate, theriparian corridors that run through the system of linear parks.

- Minimising stormwater generation can be achieved by using mechanisms thatpromote infiltration.

- Potable water demand management works towards better management of thewater cycle.

- Council could employ a travel demand management strategy to promote theuse of public transport, bicycles and walking by commercial enterprises andresidents through the precinct, these include:

. Mobility management plans;

. Car sharing schemes;

. Tradable parking permits scheme;

. Differential charge on single versus multiple occupant car parking thatdiscourage the former; and

. Minimum levels of secure bicycle storage facilities.

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ITEM 11 (continued)

ResponseThe draft LEP incorporates principles aimed at environmental sustainable development,which need to be considered when assessing proposed developments within theCorridor. Additional requirements promoting sustainable development such as watermanagement schemes and energy conservation will be incorporated into the DCP. Forexample, the DCP will introduce provisions to ensure commercial buildings meet a 4.5green star rating, as defined by the Green Building Council of Australia.

Sydney WaterCommentSydney Water requests that:

- Council require Section 73 Compliance Certificates as a condition of consent fordevelopment approvals;

- Developers are required to adhere to Sydney Water’s Guidelines for Buildingover or adjacent to Sydney Water’s assets;

- That any future changes in the road network do not impede Sydney Water’sability to routinely maintain or provide emergency maintenance to thecorporations assets;

- Water Sensitive Urban Design principles be incorporated into the Plan. WSUDcan encompass a suite of initiatives including, but not limited to, the use ofrecycled water (where feasible), use of water conservation devices and theintegration of rainwater harvesting with stormwater management;

- All industrial/commercial customers discharging trade waste into Sydney Watersewerage system must obtain written permission from Sydney Water; and

- Landscaping in both the public and private domains, be designed to reduce therisk of damage to Sydney Water assets.

ResponseThese matters will be dealt with in the DCP.

Rail EstateCommentState Rail and Rail Infrastructure Corporation is concerned:

- That the parking rates should be retained in an LEP rather than a DCP.- How Council intends to ensure that the temporary car parking provided in the

period 2008 – 2015 will be removed.

ResponseThe parking rates for industrial/commercial development are being incorporated into theLEP. Transitional arrangements for the introduction of new parking rates will beincorporated into the DCP, as the new rates are considered too restrictive and willcommercially / economically disadvantage the Corridor. These transitional arrangementsare discussed later in this report.

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ITEM 11 (continued)

Developments that propose temporary parking will be required to design facilities in sucha manner that such facilities / areas will be easily removed or converted. Conversion ofthese temporary parking spaces will be subject to a condition of consent and requireenforcement at the appropriate time. This is a procedural requirement for Council, whichwill be introduced through Council’s computer based property system.

Department of HousingCommentThe Department generally supports the proposed development of this area. However, itis concerned that:

- Some of the residential controls proposed may restrict the ability over time to takefull advantage of the Departments land capacity for residential development inclose proximity to transport and employment.

- The Department proposes six storeys along the southern boundary of theCorridor, particularly along Herring Road, which is within walking distance to theproposed University Station.

- The FSR limit of 1:1 will need to be increased to enable the development of theadditional two storeys.

- There are no housing related objectives in the draft LEP.

ResponseThe land along Epping Road provides a transition zone between the high densitydevelopment envisaged around the stations and along the central spine and the lowdensity residential on the southern side of Epping Road and is outside the 400m walkingdistance to the station. It is recommended that the floor space ratios and height remainunchanged.

Minor variations to the floor space and height controls will require the submission of aSEPP 1 objection, at the time of redevelopment, to vary the controls in the LEP. This willensure that proper consideration is given to the whether a development meets theobjectives of the Plan.

John Watkins MP - Member for RydeComment“I am opposed to the zoning of Porter’s Creek, North Ryde as Business Special(Research & Development) under the draft LEP.

Over a number of years, the community of North Ryde has made it very clear that it hasa preference for this area to be zoned as some form of Open Space/Recreation.I surveyed residents living near Porter’s Creek and subsequently received overwhelmingsupport for this site to become Open Space/Recreation. I have received over 800responses with many more likely to arrive. Of them, only four households supportedCouncil’s proposed zoning.

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General Manager Chairperson

ITEM 11 (continued)

I would urge Council to respect the views of local residents and ensure the preferredzoning is acknowledged in the LEP.”

Response

In view of the level of public concern over the future use of this land it is appropriate toremove any reference to this land from the draft LEP.

Transport Infrastructure Development CorporationComment“TIDC has previously advised Council as to its objections in relation to some of theprovisions of the Master Plan and remains concerned at the incorporation of some ofthese provisions into the draft LEP. …. Of concern are the following issues”:

− A number of sites are defined in the Master Plan as requiring a site specificmaster plan prior to development. This has not been translated into the draftLEP. It is requested that the master plan sites be included in the LEP or specificprovision be incorporated into the LEP in a way that maximises opportunities toreinforce the successful operation of the rail.

− The proposed FSR levels are not economically realistic in supporting thedevelopment of the rail. The FSR densities should be higher around the station.

− The uses proposed are extremely restrictive; prohibiting potentially suitable futureuses that support the rail. Residential uses are excluded in all zones. Mixeduses around the station catchments, including permanent residential population,needs to be encouraged to achieve the principles and objectives of the draftLEP.

− The zoning boundaries do not reflect current land ownership or subdivisionpatterns. A 15m crossover allowance of the zoning boundary achieves little onlarge sites that have dimensions of several hundred metres.

− The provision of public infrastructure benefits by developers should becompensated by FSR bonuses, not penalties. An FSR award of only 1.5:1 forthe provision of secondary streets is less than the stated FSR in some areas.The 1.5:1 award should be in addition to the stated FSR entitlement.

− The current LEP does not have a category for ‘Parks’ with a green striped zoningcolour and the draft LEP does not formalize this new zone that is on theaccompanying maps. The imposition of proposed parks on privately owned landshould compensate the landowners with an award of the underlyingdevelopment potential of the land. No such recognition is mentioned.

− An implementation strategy should be developed, with a scheduled date forreview for the draft LEP, to ensure that the LEP achieves its aims in areasonable time frame.

− Principle ‘y’ permits limited residential uses in appropriate identified areas.However, none of the proposed zones allow residential use.

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General Manager Chairperson

ITEM 11 (continued)

“TIDC is most concerned that Council has prepared an LEP that cannot adequatelyachieve the stated planning and development objectives and that does not activate theprinciples of the adopted Master Plan”.

ResponseDIPNR no longer permit references to third party master plan preferring instead torequire the controls to be specified in the DCP or a master plan developmentapplication.

The proposed scale of development has been developed through the master planningprocess, which has focused on the future urban design context. This process involvedextensive consultation with the community, both property owners and residents of theCity of Ryde. It was determined that the maximum height and FSR should be adjacentto the stations and smaller buildings, with greater open space around the edges of theCorridor.

The zoning boundaries do not always follow subdivision patterns in the Corridor. Thesezoning boundaries are based on the height, FSR and character area descriptionscontained in the Master Plan. However, it is recommended that the zoning map beamended to align, where possible, the zoning boundaries with the property boundariesand Clause 95 be deleted from the draft LEP. This amendment results in a number ofproperties that currently have a portion of the site zoned 3(f) are now all zoned 3(g). Itshould be noted that a number of properties continue to have a split 3(g) and 3(f) zone.These zoning boundaries were not amended on these sites because:

- The logical adjustment of the zone boundary would result in a down zoning of thesite; and

- The shape or size of the allotment.

The provision of a bonus floor space for implementation of the access network wouldprovide a consistent approach to the use of bonuses across the Corridor and eliminatethe need to separately identify the secondary streets, parallel to Waterloo Road, asrequiring special treatment. With this in mind, it is recommended that the reference inthe draft LEP to the bonus 0.5:1 floor space ratio be removed and replaced with the newfloor space incentive applying to the entire Corridor. This incentive would be in the formof bonus floor space equivalent to double the site area provided for the new road to beutilized on the remainder of the site.

The Floor Space Ratio Restrictions map should be altered to identify the proposed parksin the same manner as the proposed access network and include a statement thatindicates that the land identified are not reservations.

The incorporation of an implementation plan into the LEP is unnecessary, as the Planincorporates a requirement to be reviewed within 2 years of gazettal. This review is arequirement of DIPNR.

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General Manager Chairperson

ITEM 11 (continued)

RailCorpCommentRailCorp objects to the draft LEP and the Master Plan as it currently stands and raisesthe following issues:

− There is little justification for Council’s deferral of parking reductions until 2015.RailCorp does not accept the contention that high levels of parking should beretained until ‘significant modification’ of commuter travel behaviour is achieved.The Epping-Chatswood railway will open in 2008, which is the appropriate time toreduce parking provisions.

− The draft LEP proposes floor space ratios that will unnecessarily restrict intensityof development in the vicinity of the new railway stations. They provide too littleincentive for the redevelopment or amalgamation of existing sites and should berevised to ensure early redevelopment of sufficient density to support the railway.

− While RailCorp supports the proposal to allocate FSR bonuses to developmentsthat construct and dedicate through-site infrastructure, these bonuses areinadequate and should be set higher.

− RailCorp does not support the exclusion of potentially appropriate land uses inthe vicinity of the stations. It is appropriate to encourage some mixed usedevelopments in the station catchment, which will permit a faster realisation ofdevelopment potential near the station and enhance the amenity and personalsafety of the transit precincts.

ResponseCouncil has altered the parking rates from those recommended in the TransportManagement and Accessibility Plan (1 space / 70m² and 1 space / 80m²) as result of thefeedback received during the preparation and exhibition of the Macquarie Park CorridorMaster Plan. This feedback indicated that the market forces in the Corridor and thewider metropolitan area would render development in the fringe locations of theMacquarie Park Corridor uneconomic and incapable of attracting tenants. The parkingrates in the Corridor are to be monitored based on any works undertaken by DIPNR andthe RTA in regard to a regional parking policy to ensure that the competitiveness of thisarea is not undermined.

The FSR and building height around the stations was reviewed in the final stages of theMaster Plan. Council consulted widely in the preparation of the Macquarie ParkStructure Plan and Master Plan to develop a balanced response to the futuredevelopment of the Corridor. Additional post Master Plan exhibition consultationundertaken with the major landowners resulted in changes to the final Master Plan,including changes to the street pattern and the floor space ratios. It is considered thatfurther changes in the FSR or building heights cannot by justified.

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General Manager Chairperson

ITEM 11 (continued)

The provision of a bonus floor space for implementation of the access network wouldprovide a consistent approach to the use of bonuses across the Corridor and eliminatethe need to separately identify the secondary streets, parallel the Waterloo Road, asrequiring special treatment. The use of the bonus FSR for the creation of the proposedroad system is discussed later in this report.

RailCorp appears to be stating that residential development should be promoted as ameans of increasing rail patrons. No evidence has been provided to support thenotion that residential provides a greater number of rail patrons over commercial. Animportant factor in the promotion of a residential landuse over an employmentlanduse is the value of land in this Corridor. The Market Appraisal Report – January2003, indicates that current land values are approximately $500 - $600 per m².Should residential be permitted land would command an estimate value of between$700 - $1,000 per m². Given this differential in land values, it could be expected thatoffice uses would be reduced or displaced by residential thereby detracting from theimportance of the Corridor as an economic and employment generator.

Council should also note that high rise residential accommodation would most likely bestrata titled which effectively sterilises the land for any other purpose for a timeexceeding the vision of this plan. This would seriously limit the ability of the Corridor toevolve as business and technologies change, which has been a key element of theCorridors success.

State Transit AuthorityCommentState Transit agrees with the aims of the draft LEP and the proposed conditions.

Specific comments are:− Any alteration to the street network that could affect existing bus services or any

proposed movement of bus stops within the area requires consultation withState Transit;

− Any proposed boulevard treatments involving planting of trees along WaterlooRoad require consultation with State Transit;

− State Transit requests that undercover pedestrian access facilities be providedbetween station access points and proposed or existing bus stops; and

− State Transit supports the decrease of available off-street parking within closeproximity to transport nodes.

ResponseThe State Transit Authority will be consulted in relation to any public domainimprovements that impact on bus routes or stops.

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General Manager Chairperson

ITEM 11 (continued)

Department of Environment and ConservationCommentThe Department commends the LEP for encouraging higher use of public transport byproviding safe direct pedestrian and cycle links to bus stops and proposed stationentries. However, it considers that the LEP could be strengthened as follows:

− Increase residential densities around the stations to maximise patronagesthroughout the day and create safer station precincts;

− Provide adequate lighting around all transport nodes, pedestrian and bikeways to encourage safe public transport use;

− Provide adequate bike racks, ‘lockers and kiss and ride’ bays at each stationprecinct;

− Ensure that bike ways and pedestrian paths are linked regionally;− Enhance open space and reserves with pedestrian ways, bike ways and bike

racks;− Maximise the use of local native vegetation in landscaping design to help

reduce watering demands, increase local air quality and promote biodiversity;and

− Ensure that new roads are wide enough to allow for the free movement ofbuses and bus stopping bays could be indented into the curb so the stoppingof buses does not affect the flow of traffic.

In addition, Council could consider an environmental education program to help promotethe use of sustainable modes of transport throughout the City of Ryde.

ResponseThe FSR and building height around the stations was reviewed in the final stages of theMaster Plan. Council consulted widely in the preparation of the Macquarie ParkStructure Plan and Master Plan to develop a balanced response to the futuredevelopment of the Corridor. Additional, post Master Plan exhibition, consultation wasalso undertaken with the major landowners which resulted in changes to the final MasterPlan, including changes to the street pattern and the floor space ratios. Any furtherchanges in the FSR or building heights cannot by justified.

Details of lighting in public spaces, bike racks, footpaths and vegetation will beaddressed in the Public Domain Plan and the DCP.

Past discussions with the State Transit have indicated that they do not promote the useof indented bus bays due to the difficulties experienced in merging back into the flow oftraffic. However, any public domain improvements that impact on bus routes or stops willbe discussed with State Transit.

The use of an environmental education campaign to promote the use of sustainablemodes of transport will be investigated as art of an overall management program for theCorridor.

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General Manager Chairperson

ITEM 11 (continued)

Rural Fire ServiceCommentThe Rural Fire Service’s concerns are:

- Development applications identified as bush fire prone in these areas will need tocomply with the requirements of Planning for Bushfire Protection 2001.

- that consideration be given to the legislative requirements governingdevelopment in bush fire prone areas when identifying appropriate areas forresidential and Special Fire Protection Purpose Development such as housingfor people with disabilities and serviced apartments.

ResponseThe Bushfire Prone Land Map identifies several properties within Riverside CorporatePark as bushfire prone. Requirements for bushfire protection will be incorporated in tothe DCP for those areas identified as bushfire prone lands.

Serviced apartments are not permissible activities within the proposed Business Special(Research and Development) zone that applies to the bushfire prone lands.

EnergyAustraliaCommentEnergyAustralia’s concerns are:

- The proposed widening of Waterloo Road;- The proposed east-west pedestrian lane;- These two concepts significantly diminish the development potential and

consequently, the value of our property; and- The implementation of these features is not likely to be achieved within the

realistic life of the Master Plan and should be removed from the draft LEP.

RepsonseThe widening of Waterloo Road is part of the overall concept of creating a centralidentifiable spine for the Corridor around which will be focused a more urbanenvironment that encourages street activity and a sense of location.

The laneway runs parallel to Waterloo Road with a purpose of providing access toparking and service facilities, which will eliminate the pedestrian/vehicle conflict onWaterloo Road.

It is recommended that these elements be retained and developed in the DevelopmentControl Plan.

WaterwaysCommentNSW Maritime does not have any objection or comments to make in relation to the draftPlan.

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General Manager Chairperson

ITEM 11 (continued)

Hornsby Shire CouncilCommentCouncil has no comment to offer on the draft Plan.

Macquarie UniversityCommentThe draft LEP only encompasses a portion of the University’s campus, which it proposesto rezone as “Business Special – Mixed Activity. If the LEP is gazetted as it is, althoughbroadening the range of allowable uses, its effect will be limited to our on-campusResearch Park and the land close to the station precinct.

This submission requests the following specific amendments to the draft LEP:- Greater land use flexibility within the Special Uses zone to provide for the range of

uses identified in the Campus Development Plan 2004;- The inclusion of clear and appropriate development controls (height and density) on

the Campus which reflect those included in the Campus Development 2004 asendorsed by the University Council; and

- Recognition in the objectives for the corridor of the importance of better integratingthe University with the Corridor.

ResponseThe University Campus Development Plan has only recently been presented to Council,whilst the planning for the Corridor commenced in 2000 and the Master Plan wasadopted in February 2004. No discussions have been held on the future development ofthe larger campus area until the presentation of the Campus Development Plan, despitethe inclusion of the University on the Community Reference Group. As a result noassessment of the Universities future development, other than around the station, hasbeen considered in creating the proposed planning controls.

According to the Campus Development Plan, the University has an existing floor spaceof 268,896m² for academic, residential and commercial activities. The proposed targetfloor space under the Plan is 1,376,584m², which presents a substantial increase overthe next 40 years. Given that the commercial activities are proposed to grow by anadditional 619,908m², it represents a substantial increase in activities of a commercialnature on the site. No details have been presented on the impacts of development onthis scale on the surrounding residential areas or the Corridor as an employment andeconomic area.

In addition, it is noted that the estimated growth in car parking over the same period, isfrom approximately 5,000 spaces to 17,325 spaces. No information on the mitigation ofimpacts from such and increase in parking space has been provided.

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General Manager Chairperson

ITEM 11 (continued)

A focus of the Macquarie Park Corridor Master Plan has been to promote developmentaround the stations and change the travel behaviour of those working, studying andvisiting in the area thereby supporting the rail. As Macquarie University did not discussany details of future grow during the preparation and exhibition of the Master Plan it wasdeemed appropriate to consider changes to the zoning around the station only – as perthe Master Plan.

The implementation of the Master Plan is about long-term structural and behaviouralchange to the Corridor. Whilst the Plan promotes development around the stations in theshort term, it is about managing the evolution of the Corridor from an industrial park to abusiness district, which plays an important role in the economic crescent of Sydney.

It would be more appropriate for the University to apply for a separate rezoning of theremainder of their lands based on the Campus Development Plan and to undertake thenecessary environmental impact and traffic analysis to support the level of developmentbeing proposed.

Assessing the future development of the university lands at a later date would enable fullconsideration of their proposal in relation to findings and directions of the MetropolitanStrategy. Consideration of the universities proposed development and its impact on theMacquarie Park Corridor and other employment / business within the Global Arc(Parramatta to the Airport) and the Region was discussed with the Department ofInfrastructure, Planning and Natural Resources in August 2004. At this meeting it wasagreed that progressing the universities proposal should await the economic /employment research being undertaken for the Metropolitan Strategy. This informationshould be available in mid December 2004.

A review of the proposed zone, FSR and height boundaries has revealed severalanomalies within the existing research park zone - these will be rectified in the final LEP.

Submissions - Public ExhibitionThe draft LEP was exhibited from the 29 September to 19 November 2004. During thistime 39 submissions were received. An additional 8 submissions were received eitherpre or post the exhibition of the draft LEP.

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General Manager Chairperson

ITEM 11 (continued)

The submissions broadly cover the following elements of the plan:

Proposed Access and Park Network- Need for new roads- Regional road network- Loss of “green” space- Need for parks

Development Density- Increase to floor space ratios- Increase the allowable height- Bonus floor space

Car Parking Controls- New parking rates- Transitional arrangements

Permitted Activities- Commercial- Residential

Northern Precinct

Details of the submissions and planning comments are CIRCULATED UNDERSEPARATE COVER.

Planning Considerations

This section provides information / comment on each element and a rational for thecontrol or proposal.

Proposed Access and Park NetworkThe primary purpose of the proposed access network is:

1. to increase the accessibility of the area by allowing free and unrestrictedmovement of pedestrians. This will encourage greater patronage of the railthrough changes in the pattern of development close to the station and moredirect walking routes to the fringe locations;

2. It will also perform a key role in the strategy to deliver changes in built formaround the stations and adjacent to the central spine; and

3. These new streets will create allotment sizes conducive to the type of buildingthat will provide accommodation to the small to medium businesses andprofessional practices, which typically require 100 – 500 m² of accommodationon lease terms of 2 –5 years. This will also provide opportunities for businessto have important street addresses. Larger allotments more suited to thecorporate style tenants are to be retained on the fringe of the Corridor, wherehigh profiles locations may be achieved.

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General Manager Chairperson

ITEM 11 (continued)

The secondary aim of the access network is alleviate the congestion on the existingroads and intersection and provide additional on-street parking for visitors to businessesin the area.

It is acknowledged that private vehicles are a significant part of modern society and thatmany of the people who currently work and live in the Corridor use private vehicles astheir primary mode of transport. However, a fundamental question needs to be askedabout the future in which we would like to live. That is, do we want to create an area thatworks where people move around freely or do we want to continue to promote an areathat is dominated by motor vehicles with their congestion and pollution? This Plan isabout the long-term vision for the area with reduced dependency on cars andenvironmentally sustainable outcomes.

The RTA have been involved during the development of the Master Plan, in particularthe proposed access network and have indicated support for the Plan on the basis that itwill assist the function of the regional road system and improve accessibility within theCorridor. Some additional work needs to be carried out in relation to improvements inintersection performance, both existing and proposed, in Lane Cove Road. This workwill focus on maintaining traffic flows along Lane Cove Road and improving access tothe Corridor. This is currently being discussed with the RTA.

The ability for many businesses in the Corridor to carry out their normal functions areheavily impacted upon by the regional traffic that passes through the area, particularlyalong Lane Cove Road. As the levels of cross-region traffic increases the ability of theCorridor to function as an economic and employment area will be reduced. This raisesthe need for planning at a regional level to be undertaken to ensure that the regionalnetwork is properly managed and appropriate infrastructure to support areas ofeconomic and employment importance, such as the Macquarie Park Corridor, isidentified and implemented. The need to improve the regional traffic flows is beingdiscussed with the RTA, in particular a potential east bound connection between LaneCove Road and the M2 Motorway.

The modified street system in the Corridor contains approximately 6.5km of new streets.The cost of providing these streets will be fully considered in the development of theSection 94 Contribution Plan. However, it is Council’s intention that the road network isachieved through dedication as part of the development approval process.

The provision of a bonus floor space for implementation of the access network is to beprovided. An incentive in the form of bonus floor space equivalent to double the site areaprovided for the new road would be utilized on the remainder of the site. The provision ofthese streets is considered essential to the future growth of this Corridor as a technologyand knowledge based employment area and for improved access throughout theCorridor.

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General Manager Chairperson

ITEM 11 (continued)

It has been perceived that the proposed road network will result in the area loosing that“green feel”. The new roads are being proposed in those areas where a more urban builtform is considered desirable and it is within these areas that special attention will begiven to landscaping of the public domain. These roads will be a minimum of 20m inwidth and landscaped footpaths, parking and maneuvering / bicycle zones as illustratedbelow:

Secondary Street Section

Concern has been raised that there are not enough small recreational spaces,particularly for lunchtime users. The LEP identifies a series of linear and local parks toachieve “green time out” space for workers. It is proposed to allow a floor space creditfor pocket parks created as part of any site redevelopment. The parameters, such aslocation and size, will be incorporated into the DCP to ensure that the general public canuse these parks and a linked “park” system is achieved (where possible).

The proposed access and park networks are essential infrastructure for the futuregrowth of the Corridor. They provide the ability for future workers and visitors to movefreely around the Corridor and maintain sense of “green” that is currently cherished byproperty owners, businesses and the wider community. Council should support theinclusion of these networks without amendment.

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General Manager Chairperson

ITEM 11 (continued)

Development DensityThe floor space ratios, height and access network have been designed to deliverchanges in built form around the stations and adjacent to the central spine that is notonly viable but will also encourage the initial development focus to be around thestation.

The use of bonus floor space has generally not been promoted. However, it isconsidered appropriate to provide those properties affected by the proposed accessnetwork with an incentive to construct the roads. This incentive would be in the form ofbonus floor space equivalent to double the site area provided for the new road to beutilized on the remainder of the site. This bonus floor space would still require conformitywith other controls such as height, setback and parking.

The use of bonus floor space in this manner would encourage the implementation of theaccess network within a shorter timeframe, which are considered essential to deliverchanges in built form around the stations and adjacent to the central spine.

The provision of a bonus floor space for implementation of the access network providesa consistent approach to the use of bonuses across the Corridor and eliminates theneed to separately identify the secondary streets, parallel to Waterloo Road, as requiringspecial treatment. With this in mind, it is recommended that the reference in the draftLEP to the bonus 0.5:1 floor space ratio be removed and replaced with the new floorspace incentive applying to the entire Corridor.

The overall floor space ratios were reviewed prior to adoption of the Master Plan and itwas demonstrated that the potential floor space proposed under the Plan was anincrease of around 877,000m² over the existing potential. Despite this the area aroundthe stations that permits a 3:1 floor space ratio was expanded, to encourage appropriatedevelopments adjacent to the station entries, and the floor space ratio and height ofseveral other properties were increased.

It is considered that the floor space ratios and heights proposed in the Master Plan aresufficient, except in a number of cases where anomalies have occurred or a variation isjustified, to encourage new development and support the rail within the limits of theoverall capacity of the Corridor to sustain more development.

Car Parking ControlsThe comments below reflect the discussion and rationale for the new parking rates andthe phasing in of these rates. These issues have been raised consistently duringconsultation for the future planning of the Corridor.

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General Manager Chairperson

ITEM 11 (continued)

The parking rates have been largely developed through the TMAP process, with a focuson limited parking close to the stations. Parking around the fringe of the Corridor hasbeen relaxed as result of the feedback received during the preparation and exhibition ofthe Corridor Master Plan.

The rationale for the parking rates is as follows:• 1/80m² within 400 metres walking distance of the station

These areas are focused on being more “urban” built to the street, paved plazaenvironment with higher employment densities

• 1/70m² in the area surrounding the central spine Waterloo RoadThese areas are more distant from the stations although have a higher level ofaccessibility to the stations and will be surrounded by higher density employmentgenerators.

• 1/46m² applies to those on the fringe of the corridor.These areas are less accessible to the stations due to physical distance and thetopography of the area. The form of development in these areas is predominatelycorporate building with large setbacks in a landscaped setting.

Concern has been raised over the inclusion of the parking rates in the draft LEP, whichcreates a development standard and the absence of transitional arrangements asspecified in the Master Plan. DIPNR and the RTA have specified that the new parkingrates should be contained within the draft LEP, which is consistent with the currentsituation. It is proposed to incorporate the transitional parking arrangements within theDCP. Whilst this will require the application of the transitional parking rates to submit aSEPP 1 objection to vary the parking rates in the LEP, it will ensure that properconsideration has been given to the whether a development meets the objectives of theparking controls.

In order to deal with the potential requirements to remove parking spaces in the middleof a lease period, which would create difficulty for landowners in signing up tenants, it isproposed to link the removal of temporary parking to individual development approvals.

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General Manager Chairperson

ITEM 11 (continued)

The proposed transitional arrangements are set out in the table below.

Commercial /Industrial

FSR 2:1 and 3:1

Commercial /Industrial

FSR 1.5:1

Commercial /Industrial

FSR 1:1

Permanent (max) 1 space / 80 m² 1 space / 70 m² 1 space / 46 m²Pre2008DAs Temporary (max)

Difference to rateof 1 space / 46 m²

1 space / 110 m² 1 space / 135 m² Nil

Permanent (max) 1 space / 80 m² 1 space / 70 m² 1 space / 46 m²2008 –2015DAs Temporary (max)

Difference to rateof 1 space / 60 m²

1 space / 240 m² 1 space / 420 m² Nil

The new parking rates are designed to change travel behaviour over time in theCorridor, reduce the growth in traffic and support the rail. If no measures are taken toachieve these goals the RTA has indicated that the potential for any new developmentwill be severely limited.

The parking rates in the Corridor are to be monitored based on any works undertaken byDIPNR and the RTA in regard to a regional parking policy to ensure that thecompetitiveness of this area is not undermined.

Permitted ActivitiesComments raised in the submission relate to expanding the Business Special(Employment) zone, which allows commercial premises, across the whole Corridor andthe introduction of residential development.

The proposed zoning is designed to allow a greater range of commercial orientatedactivities around the rail station whilst retaining the existing technology and knowledgebase activities on the fringe of the Corridor, adjacent to Epping Road and the M2Motorway. The focus of activities around the stations is to create a different type ofenvironment, similar to a town centre, and to promote the type of activities that wouldsupport the rail.

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General Manager Chairperson

ITEM 11 (continued)

The Master Plan, upon which the draft LEP is based, has been a joint venture with theState Government with a clear focus on the economic importance of the Corridor to theState and National economies. Several State Agencies are promoting the introduction ofresidential development within the Corridor as a mechanism of increasing patronage ofthe rail.

The position that residential accommodation will increase rail patronage is not based onthe provision of any sound research and is inappropriate given the current focus of theCorridor. When considering rail patronage the application of a crude estimate ofpotential patrons can be used - a two bedroom residential unit would be approximately125m² and accommodate two people, while the same area for a commercial officebuilding would accommodate six people. Therefore, the continued use of this area forcommercial activities would potentially generate more patrons for the rail thanresidential.

Council and DIPNR do not support large-scale introduction of residential around theMacquarie Park and Delhi Road stations. Council should note that the level of populationrequired to create a community would require large amounts of land, which would havea significant impact on the Corridor as an economic and employment area. Furtherinvestigation will need to be conducted before the introduction of broad scale residentialuses in the Corridor.

It is foreseeable that a future evolution of the Corridor will involve more wide spreadresidential activity. However, it is premature to introduce large-scale residentialaccommodation into the Corridor. The recommendations in the Master Plan should bemaintained, which involve promotion of residential around Macquarie University Stationand around Macquarie Park / Delhi Road the use is limited to hotels & servicedapartments.

Residential land uses should remain as currently recommended in the draft LEP.

Northern PrecinctCouncil sought to exhibit a draft Local Environmental Plan to rezone the land toIndustrial – Waste Management Park in 2000. DIPNR did not allow this plan to proceedto exhibition and required Council to incorporate the site into the Macquarie ParkCorridor Master Plan.

The Master Plan identified the land as suitable for low scale research and developmentpurposes that would be sympathetic to its location adjacent to the National Park. TheBusiness Special (Research & Development) zone under the draft LEP permits a rangeof activities, including research and development, recreation areas and open space thatwould be suitable for this land.

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General Manager Chairperson

ITEM 11 (continued)

In view of the level of public concern over the future use of this land it is appropriate toremove any reference to this land from the draft LEP.

Other Matters – Zone BoundariesA number of submissions from property owners have indicated that the zoningboundary, where it falls across a single allotment (creating 2 zones on one allotment),results in development and operational difficulties for a site.

The draft LEP Clause 95 (Development near zone boundaries) introduced the provisionof a 15m crossover zone along a zone boundary in order in order to address some ofthe issues resulting from a site containing a number of zones.

Council’s Environmental Assessment Unit raised concerns that the provisions of thedraft Clause 95 may be subject to misinterpretation where the applicant proposes toextend the 15m zone crossover area to apply to the whole site in order to takeadvantage of a more favourable or flexible zone. The officers concerns are based on anumber of court cases.

Based on these issues it is suggested that the zoning map be amended to align, wherepossible, the zoning boundaries with the property boundaries. This amendment hasresulted in a number of properties that have a portion of the site zoned 3(f) are now allzoned 3(g).

A number of properties continue to have a split 3(g) and 3(f) zone. The zoning boundarywas not amended on these sites because:

- The logical adjustment of the zone boundary would result in a down zoning of thesite; and

- The shape or size of the allotment.

The amendment to the zone boundaries will not alter the built form outcomes (heightand FSR), the parking rates and character area controls (which will be contained in theDCP).

Given the proposed amendments to align the zoning and property boundaries it issuggested that Clause 95 is deleted from the draft LEP.

The following amendments to draft LEP 137 are recommended:1. Inclusion of No.55 Talavera Road in the Business Special (Mixed Activity) zone

and amend the floor space ratio restriction map to identify the property within the2:1 FSR area;

2. Inclusion of a savings clause within the LEP;3. Remove any reference to the reclassification of 130 Talavera Road;4. Identify that the parking rates apply to “nett usable floor area” on the Parking

Restrictions Map;

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General Manager Chairperson

ITEM 11 (continued)

5. Extend the 8 storey height restriction on the western side of Herring Road tomatch the extent on the eastern side on the Height Restrictions Map;

6. Remove any reference to the Northern Precinct from the draft LEP;7. Amend the maps to include all the area previously known as the Macquarie

University Research & Development Park;8. The zoning boundary be amended to align, where practical, with the property

boundary;9. Clause 95 (Development near zone boundaries) is deleted;10. Remove the bonus floor space provisions relating to the secondary roads;11. Insert a bonus floor space provision relating the development of the proposed

access network; and12. Identification of the proposed park in the same manner as the proposed access

network on the Floor Space Ratio Restrictions Map

No planning objection can be seen to proceeding to gazettal with the draft LocalEnvironmental Plan.

Draft Development Control PlanPlanning and urban design consultants have been appointed to assist Council in thepreparation of a development control plan to support draft Local Environmental Plan137and guide future development within the Macquarie Park Corridor. This Plan will bebased on criteria in the Macquarie Park Corridor Master Plan.

The draft Development Control Plan will combine written controls with associatedmaps, diagrams and illustrations to support the draft LEP. The Plan will specificallyaddress elements such as:

- character transition;- building envelopes;- building character;- building location and site coverage;- relationship of buildings to the public domain;- landscape;- environmentally sustainable development;- linear and local parks- safer by design issues;- access and mobility design;- work place travel plans;- transitional parking arrangements; and- proposed access network.

It is anticipated a workshop will be held with Councillors, prior to finalising the draft DCP,in February 2005 and a draft Plan presented to Council in March 2005.

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General Manager Chairperson

ITEM 11 (continued)

Developer ContributionsThe S94 Plan is to ensure that a portion of the increased property value is captured tofund new infrastructure required to support additional development.

A draft Plan is being prepared to fund infrastructure improvements within the Corridor.Consultants have been engaged to develop a Community Facility Plan, Public DomainPlan and Strategic Drainage Plan. The purpose of these Plans is to identify and costinfrastructure required to meet the needs of future development. The final Plan willinclude the acquisition/construction of the proposed street pattern and parks.

The Community Facilities Plan covering the City is nearing completion and has identifiedchildcare facilities and general-purpose community meeting facilities within the Corridor.The community facilities plan will identify facilities such as childcare, meeting spaces, etcthat are required to service future development. Information from the social impactassessment, community profiles and other documents will be used to develop this plan.

The Public Domain Plan is refining the public domain concepts (street paving, furniture,signage, etc) identified in the Master Plan. The public domain plan relates the areas inpublic ownership and details how these areas will appear and function. The Plan willconsist of items listed in the TMAP relating to pedestrian and cyclist movement andintersection upgrades, plus improvements to footpath areas, street furniture, lighting andopen space identified through the Master Plan.

The Strategic Drainage Plan is reviewing the existing drainage network and identifyingany new water management infrastructure that will be needed. The drainage plan wouldprovide solutions to deal with the overland flow and drainage network within theCorridor.

It is anticipated a draft Plan will be presented to Council in March 2005.

Reclassification of Land – Community to OperationalThe Plan incorporates the reclassification of 130 Talavera Road from ‘community’ to‘operational’ under the Local Government Act.

This parcel of land was formerly part of Christie Park until the acquisition andconstruction of the M2 Motorway. It is located opposite the entry to the Graduate Schoolof Management in Talavera Road and is a triangular shape parcel approximately1000m² in area.

The adjoining parcel of land, on the corner of Christie and Talavera Roads, is owned bythe Department of Infrastructure, Planning and Natural Resources.

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General Manager Chairperson

ITEM 11 (continued)

The land is in a location that is considered to be inappropriate for a park.

A public hearing, in accordance with the Local Government Act, was held on 12November 2004. The hearing was presided over by Mr Don Smith - Director of DonSmith Planning.

A total of 10 people attended the public hearing and the following issues were raised:- Classification of the land;- Council’s intentions for the land;- Reduction in green space within the Corridor;- Land not identified as surplus to M2;- Time of hearing unacceptable;- Dedication of Christie Park – previous ownership;- Removal of cars parked on the land;- DIPNR land should be open space;- Draft LEP should be exhibited again.

In summary, the recommendation of Mr Smith is that the land should not be reclassifiedat this time, until additional information is considered by Council, concerning the futureintention for the land and the public have been made fully aware of these intentions.

Mr Smith’s report is CIRCULATED UNDER SEPARATE COVER.

Memorandum of Understanding – City of Ryde / DIPNRAs part of the State Government’s commitment to the planning system reforms and theimportance of the Macquarie Park Corridor funding assistance has been provided toprepare planning documents for the Macquarie Park Corridor. This funding is based onthe successful completion of key milestones outlined below:

Council resolution to prepare draft LEP, DCP and Contributions Plan June 2004Public exhibition of draft LEP August 2004Submission of S68 report on draft LEP November 2004Gazettal of LEP December 2004Council adoption of DCP and Contributions Plan December 2004

The draft LEP was forwarded to DIPNR on 5 August 2004 for the issue of a Section 65certificate under the EP&A Act to allow public exhibition of the draft Plan. This Certificatewas issued on 8 September 2004 and the public exhibition commenced on 22September 2004.

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General Manager Chairperson

ITEM 11 (continued)

DIPNR has verbally indicated that it accepts the extension of the public exhibition period.However, they were concerned that further delays may result in delays in the making ofthe Plan for the Corridor.

While meeting the milestones and timeframes set in the MoU for the draft LEP / DCP iscurrently behind schedule, due to a number of factors including the issue of the S65Certificate being a month over due, it is anticipated that the Section 68 submission willbe lodged with DIPNR in December (if the draft LEP is adopted by Council). Thistimeframe should allow the Department to have the Plan gazetted by early February2005.

The adoption of a DCP and Contributions Plan has been delayed due to theengagement of consultants and development of the necessary detail. DIPNR hasverbally indicated that providing Council is comfortable that the Master Plan hassufficient detail to guide the assessment new developments. However, it has urged thatthese documents should be completed early 2005.

Financial Impact

Adoption of the recommendations outlined in this report will have no financial impact.

RECOMMENDATION:

(a) That the draft Local Environmental Plan No.137 be adopted, as amended inaccordance with the issues raised during the exhibition period and the issues in thereport of the General Manager dated 10 December 2004.

(b) That the Group Manager – Environmental Planning forward the draft Plan to theDirector General of the Department of Infrastructure, Planning and NaturalResources pursuant to S68(4) of the Environmental Planning and AssessmentAct1979 requesting that the Plan be made.

(c) That 130 Talavera Road, Macquarie Park (Lot 7 DP842855) not be reclassified atthis time and a further report be considered by Council, concerning the futureintention for the land and the public be made fully aware of these intentions.

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General Manager Chairperson

12 EXPRESSIONS OF INTEREST FOR THE INTERIOR FIT-OUT TO NEW WESTRYDE LIBRARY

FILE NO: S10656

Objective of ReportTo report on the expressions of interest (EOI) received by Council for the interior fit-out to the new West Ryde Library (EOI No: CS-PS-04/04) and to recommend thatCouncil accept the shortlist of companies recommended by the EOI EvaluationCommittee to be invited to tender for this project.

BackgroundCouncil in accordance with its resolutions of 19 August 2003 and 26 August 2003resolved to enter into a Deed of Agreement with Woolworths, which included theprovision of a new branch library, as part of the Woolworths redevelopment at WestRyde. This agreement requires Woolworths to construct the building shell of thelibrary and the City of Ryde (CoR) to carry out the interior fit-out.

The proposed Library is situated on the ground floor at Graf Avenue and MarketStreet, West Ryde. The new West Ryde Library will have a gross floor area of 1350square metres including the public area, meeting rooms, staff area, amenities and aplant room. The public area of the library consists of local studies, youth, fiction/non-fiction and children’s areas.

The construction work on the retail development commenced in June 2004 and isprojected for completion in September 2005. The building shell of the library isexpected to be ready for interior fit-out in June 2005. Currently, the detail design andtender documentation are in progress and will be completed by December 2004.

The purpose of this EOI is to shortlist a panel of companies for the following contractpackages so that they can be invited to participate in the tender process due in lateJanuary 2005:

• Package 1 – Builders works (including finishing works and Mechanical, Electrical andHydraulics Services)

• Package 2 – Built-in Furniture and Joinery• Package 3 – Loose Furniture (including work stations), and• Package 4 – Book Shelving

The Builder to be selected under Package 1 will be responsible for coordinating alltrades and nominated sub-contracts/supply contracts under packages 2, 3 and 4.

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General Manager Chairperson

ITEM 12 (continued)

ReportExpressions of Interest were advertised on Tuesday, 19 and 26 October 2004 in theSydney Morning Herald and on Wednesday, 20 and 27 October 2004 in The WeeklyTimes.

Thirty (30) sets of EOI documents were issued to prospective companies. The EOIclosed on Tuesday, 9 November 2004, with Seventeen (17) submissions beingreceived from the following companies:

Interest in Tender PackageCompany1 2 3 4

1 ABAX Systems Pty Ltd 2 Avant Constructions 3 Barker Constructions Services Pty Ltd 4 Brisland Pty Ltd 5 CI Projects & Construction 6 Corporate Express 7 FDC Building Services Pty Ltd 8 Interco Group 9 In Vogue Projects Group 10 Jifficab 11 Kinsley Constructions Pty Ltd 12 NSW Library Supplies Pty Ltd 13 Quadric Interiors (NSW) Pty Ltd 14 Raeco International Pty Ltd 15 Stephen Edwards Constructions Pty Ltd 16 Sydney Buildings Projects 17 Workspace Commercial Furniture

TOTAL NUMBER OF COMPANIES 12 10 9 7

An EOI Evaluation Committee comprising the following Council Officers conductedthe EOI assessment:

1. Manager Library Services Deborah Lisson2. Building Services Coordinator Stephen Drury3. Facilities Manager Properties Pat Gunawardena (Chairman)

The EOI Evaluation Committee’s Report is ON FILE, and the EOI process, checklists andother relevant documents relating to this EOI have been reviewed and endorsed by theManager Property Services as compliant with the Code of Tendering and City of RydeProcurement Policies.

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General Manager Chairperson

ITEM 12 (continued)

As indicated in the EOI Evaluation Report, the expressions of interest were assessed bythe EOI Evaluation Committee against the following evaluation criteria: Previous and current experience in similar work Company background and operational capability Capability of proposed project team OHS management, quality assurance and Insurance

In respect of Tender Package 1 - Builders Work, the EOI Evaluation Committeerecommends that the following six (6) companies be short listed as they have met thecapability requirements and have completed similar projects for either Local or StateGovernment agencies over the last five years:

1. Interco Group2. In Vogue Projects Group3. Kinsley Constructions Pty Ltd4. Quadric Interiors (NSW) Pty Ltd5. Stephen Edwards Constructions Pty Ltd6. Sydney Buildings Projects

In respect of Tender Package 2 – Built-in Furniture and Joinery, the EOI EvaluationCommittee recommends that the following six (6) companies be short listed as theyhave met the capability requirements and have completed similar works for eitherLocal or State Government agencies over the last five years:

1. Interco Group2. In Vogue Projects Group3. Kinsley Constructions Pty Ltd4. Quadric Interiors (NSW) Pty Ltd5. Stephen Edwards Constructions Pty Ltd6. Sydney Buildings Projects

In respect of Tender Package 3 – Loose Furniture, the EOI Evaluation Committeerecommends that the following six (6) companies be short listed as they have met thecapability requirements and have supplied loose furniture for similar projects in eitherLocal or State Government agencies over the last five years:

1. Corporate Express2. Interco Group3. Kinsley Constructions Pty Ltd4. NSW Library Supplies Pty Ltd5. Raeco International Pty Ltd6. Workspace Commercial Furniture

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General Manager Chairperson

ITEM 12 (continued)

In respect of Tender Package 4 – Book Shelving, the EOI Evaluation Committeerecommends that the following four (4) companies be short listed as they have metthe capability requirements and have supplied book shelves for similar projects ineither Local or State Government agencies over the last five years:

1. ABAX Systems Pty Ltd2. Corporate Express3. Raeco International Pty Ltd4. NSW Library Supplies Pty Ltd

Financial Impact Statement

Adoption of the recommendation outlined in this report will have no financial impact.

RECOMMENDATION:

(a) That the following companies be invited to tender for the interior fit-out to the newWest Ryde library:

Package 11. Interco Group2. In Vogue Projects Group3. Kinsley Constructions Pty Ltd4. Quadric Interiors (NSW) Pty Ltd5. Stephen Edwards Constructions Pty Ltd6. Sydney Buildings Projects

Package 21. Interco Group2. In Vogue Projects Group3. Kinsley Constructions Pty Ltd4. Quadric Interiors (NSW) Pty Ltd5. Stephen Edwards Constructions Pty Ltd6. Sydney Buildings Projects

Package 31. Corporate Express2. Interco Group3. Kinsley Constructions Pty Ltd4. NSW Library Supplies Pty Ltd5. Raeco International Pty Ltd6. Workspace Commercial Furniture

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General Manager Chairperson

ITEM 12 (continued)

Package 41. ABAX Systems Pty Ltd2. Corporate Express3. Raeco International Pty Ltd4. NSW Library Supplies Pty Ltd

(b) That the unsuccessful companies be advised of Council’s decision.

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General Manager Chairperson

13 COST OF THE NEW STATE EMERGENCY SERVICES HEADQUARTERS

BackgroundThe Ryde State Emergency Services Unit has been operating out of temporaryheadquarters for over twenty years. In the early 1980’s, they were located in the oldCouncil building at 3 Devlin Street, which has since been sold and demolished forredevelopment as home units.

In 1986, the SES moved into an old house at 444 Pittwater Road, North Ryde, situatedbetween Dehli Road and Wicks Road. Council purchased a parcel of land at the cornerof Pittwater Road and Waterloo Road for the construction of Council’s Depots. Planningfor a new permanent headquarters for the SES unit was included in the proposeddevelopment of the Council’s Works Depot and Emergency Management Centre. Council had completed detailed design and was preparing to lodge a DA when the RTAadvised in 1991 that the land was required for the M2 Motorway.

Following compulsory acquisition by the RTA of the Depot site, Council received $4.8million as compensation for the land. Council appealed the value placed on the landand carried out extensive negotiations to increase the compensation payment. Thesenegotiations were successful with an additional payment of $2.3 million being paid bythe RTA in 2001. These funds were allocated to the Depot Reserve (a total of $7.195million paid by the RTA).

In 2001Council purchased the Hoover factory at the intersection of Constitution Roadand Belmore Street, Meadowbank for a cost of $4.2 million. The cost of refurbishmentof the factory into the Operational Centre amounted to a further $1.8 million – a total of$6 million. The space available at the Constitution Road site did not permit the SES tobe incorporated in the new Depot.

In 1995 with the commencement of construction of the M2, Macquarie Universityapproved the use of the cottage within the University grounds at 215 Culloden Road forSES use.

With a request from the University to vacate the premises, planning commenced acouple of years ago to provide new permanent facilities for the SES at 137-143 WicksRoad, North Ryde.

FundingThe original preliminary estimate of cost was prepared by Hargreaves EnvironmentalPty Ltd on 26 January 2003 based on a brief prepared by Council.

This estimate was $783,753. Rawlinsons Australian Construction Handbook was usedin preparing this estimate.

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General Manager Chairperson

ITEM 13 (continued)

The conceptual design was reviewed with the SES Co-ordinator to identify possible costsavings from the initial “wish list” for the new headquarters. Subsequently savings of$298,000 were found by the changes to the generator arrangements, kitchen fitout, airconditioning, outdoor catering area, visitor car parking, member carparking and mainentry.

These savings reduced the estimated cost to $485,753.

Further savings were flagged by the provision of a flat metal deck roof to theAdministration Building inlieu of a tiled hipped roof. Council subsequently committed$400,000 funding in the Management Plan for construction in 2003-2004.

Planspec Building Design were commissioned in the second half of 2003 to prepareplans for LDA approval and then construction plans. Development Application waslodged on 26 November 2003.

Council at its meeting on 10 February 2004 approved LDA 1177/2003 for thedevelopment, and Construction Certificate 1177/2003 was issued on 25 October 2004.

Funding for the construction was carried forward into 2004/2005 Management Plan at$430,000 prior to receipt of the construction estimate of cost based on the most recentplans.

Following extensive design and redesign, the final cost of the development wasestimated to be $735,000. The reasons for the increase in cost from the modifiedpreliminary estimate of $485,000 are extension of the sewer main, additional foundationpiering, increased garage size from 147 sq. m. to 240 sq. m., stormwater collectionsystem, additional environmental requirements to satisfy Basix, and building inflationcosts over two years.

These cost increases were reported to the Committee of the Whole on 21 September2004, which together with 10% allowances for construction contingencies, brought thecurrent estimate of funding to $810,000.

Invitation to tender for the construction of the SES Headquarters was advertised on 30November 2004, with closing date for tenders being 11 February 2005. The tenders willbe reported to Council in March 2005 and, subject to no unforeseen delays, the workshould be completed by December 2005.

RECOMMENDATION:

For Council to receive and note.

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14 MEADOWBANK PARK TENNIS COURTS – Expression of Interest includingoccupancy licence

File No. S754 - 04

Report SummaryTo report on the assessment of Expressions of Interest (EOI) received from communitybased tennis associations, for the occupancy of the Tennis Court complex withinMeadowbank Park at Constitution Road, Meadowbank, and recommend the acceptance ofthe EOI from the North - Western Suburbs Tennis Association Inc.

BackgroundThe Committee of the Whole No. 2/04, at its meeting held on 18 May 2004, resolved, inpart;

(b) That Expressions of Interest be called on the basis of a fifteen(15) year lease term (three terms of five years on a performance basis)of the Tennis Court complex within Meadowbank Park at ConstitutionRoad, Meadowbank, from community based tennis associations.

Following preparation of the necessary EOI documentation, that included a draft licenceagreement, in August of this year advertisements were published in the local andmetropolitan press and through Tennis NSW. The draft licence within the EOI will form thebasis of any future occupancy agreement.

Two community based tennis associations, the North - Western Suburbs TennisAssociation Inc. (existing occupant), and the Chinese Tennis Association Inc submittedcomplete EOI’s prior to the close of expressions on 21 September 2004 and the EOIshave been evaluated by a panel consisting of the former Manager - Urban LandscapesFacilities & Services, Manager – Community Services and Manager – PropertyServices. Evaluation of the EOIs has also utilised the skills of other Officers such as the,former, Landscape Architect, Asset Manager – Urban Landscapes Facilities & Servicesand Community Project Officer -Young People & Leisure.

Pursuant to Section 10A(2)(d)(i) of the Local Government Act 1993, the assessment ofthe two EOIs has been provided as a CONFIDENTIAL attachment. This document islisted as confidential as it concerns the receipt and discussion of commercial informationof a confidential nature that would, if disclosed, prejudice the commercial position of theperson who supplied it. Furthermore it is considered that discussion of this item in openmeeting would on balance be contrary to the public interest as it would unduly affectCouncil’s ability achieve the most favourable outcome for the Ryde Community.

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General Manager Chairperson

ITEM 14 (continued)

The EOIs are summarised as follows;

North Western Tennis Association Inc.• detailed submission with supporting letters of community support,• provides for reduced rates to local schools and sporting groups• offers concession rates to seniors• has a large membership base and community support consisting of over 500

members,• demonstrates experience and expertise in the provision of tennis services,• has youth focussed outcomes such as offering school holiday camps etc.,• provides for a progressive upgrade and enhancement of the complex,• Initial annual rental of $25,000.00 with annual CPI increases during the term.

Chinese Tennis Association Inc.• complete submission that shows a willingness to operate as a community based

tennis complex,• has limited operational experience in the management of a tennis complex,• possesses a membership base of less than 200 members,• proposed operations lack clear detail and direction,• places a lesser focus on community programs and issues such as providing greater

access opportunities for community groups, older persons etc.,• seeks some Council assistance for future upgrades.• Initial annual rental of $5,000.00 with annual increases in accordance with the CPI

during the first term and for the renewal terms, annual CPI increases or an overallrental increase equal to 8.5% of gross income earned during preceding term.

Having regard to the criteria as detailed in the EOI documentation, the EOI assessmentpanel is recommending the submission from the North - Western Suburbs TennisAssociation Inc. be accepted for the following reasons;

• expertise and experience in managing tennis complexes,• size of association that would attract broader use of the facility,• level of capital improvement works proposed,• rental structure proposed.

It is further recommended that Council resolve to grant the North - Western SuburbsTennis Association Inc. a licence to use this area of Meadowbank Park on the basis of afifteen (15) year licence (three terms of five years on a performance basis) commencing19 December 2004.

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General Manager Chairperson

ITEM 14 (continued)

In accordance with S.47A of the Local Government Act, 1993, notification of theproposed licence must be undertaken and if objections are received, they must beconsidered before further proceeding with the proposed licence.

Occupancy StructureThe occupancy structure proposed will provide for a maximum of three licence termseach of five years. The initial and subsequent licence will provide for assessment forrenewal to be undertaken on the basis of the Association meeting performance criteriaproposed by Council.

Should the performance criteria not be met, during either of the first two terms, a furtherterm will not be granted and the site will be re-tendered. Following expiry of the finallicence term on 18 December 2019, the site will be put back to tender.

The licence fee for the first year will be $25,000.00 and this will be increased accordingto the CPI during the term. If renewed terms are granted, the licence fee for the firstyear of each of the renewed terms will be negotiated and / or assessed according to themarket (rental shall not decrease) and there will be annual increases according to theCPI.

It will also be a requirement for the performance review and negotiation for each newlicence term to be commenced not less than nine (9) months prior to the expiration ofthe term.

Financial ImpactAdoption of the option outlined in this report will have no financial impact and the netincome generated will be allocated to the maintenance and continued improvement ofMeadowbank Park.

RECOMMENDATION:

(a) That Council accepts the Expression of Interest for the occupancy of the TennisCourt complex within Meadowbank Park at Constitution Road, Meadowbank assubmitted by the North - Western Suburbs Tennis Association Inc. suchoccupancy to be for an initial term of 5 years with two possible renewal terms asprovided for in the report of the General Manager dated 10 December 2004, andto include the conditions set out in the report.

(b) That in accordance with S.47A of the Local Government Act, 1993, Councilprovide notification of the proposal to grant the North - Western Suburbs TennisAssociation Inc. a 15 year licence (3 terms of 5 years on a performance basis)commencing 19 December 2004 of the Tennis Court complex withinMeadowbank Park at Constitution Road, Meadowbank and if no objections arereceived from the process, Council further resolve;

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General Manager Chairperson

ITEM 14 (continued)

(i) That a licence for a period of 15 years (3 terms of 5 years on aperformance basis) be granted to the North - Western Suburbs TennisAssociation Inc. commencing 19 December 2004 of the Tennis Courtcomplex within Meadowbank Park at Constitution Road, Meadowbankas provided for in the report of the General Manager dated 10December 2004;

(ii) That the North - Western Suburbs Tennis Association Inc. meet all legalcosts, including the costs of any necessary survey plan, in relation tothe establishment of the licence;

(iii) That the substantive clauses detailed in the draft licence that formedpart of the Expression of Interest form the basis of the licenceagreement.

(c) That the North - Western Suburbs Tennis Association Inc. be advised ofCouncil's decision.

(d) That the Chinese Tennis Association Inc. be advised of Council's decision and bethanked for submitting an Expression of Interest.

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General Manager Chairperson

LATE ITEM

15 WEST RYDE LAND TRANSFER AND DEVELOPMENT DEED – Fabcot PtyLimited and the City of Ryde

FILE NO: S1778 - 22

Objective of reportTo advise of a minor variation to the Deed, known as the “West Ryde – Land Transferand Development Deed” entered into between Council and Fabcot Pty Limited, a whollyowned subsidiary of Woolworths Limited, in respect of the proposed redevelopment ofthe Woolworths’ Supermarket West Ryde.

BackgroundOn 17 November 2003, Council executed the West Ryde – Land Transfer andDevelopment Deed with Fabcot Pty Limited. The Deed contains conditions precedentsthat require satisfaction on both Council and the Company’s behalf, together with jointconditions precedent. These condition precedent require satisfaction by a “Sunset Date”that is currently set as 31 December 2004, or a later date that is agreeable to bothparties.

ReportBoth Council and the Company have satisfied their individual precedents, leavingonly the joint conditions precedent regarding terms on Council’s associated car parkeasement and covenant remaining outstanding. This precedent is of a technicalnature and will require survey delineation to complete. Until such time that initialbase building works are completed, the necessary survey work cannot be completed.These building works should be completed early in the new year, that provides for therevision of a realistic sunset date of 30 June 2005.

Fabcot Pty Limited has advised that a revised sunset date of 30 June 2005, isacceptable and can be confirmed by an exchange of letters.

RECOMMENDATION:

That the Council endorse a minor variation to the West Ryde – Land Transfer andDevelopment Deed, between Council and Fabcot Pty Limited, in respect of theproposed redevelopment of Woolworths’ Supermarket at Anthony Road, West Ryde, toamend the sunset date in the Deed to 30 June 2005, be agreed to by Council.

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General Manager Chairperson

LATE ITEM

16 UPDATE ON DAMAGE BRUSH FARM HOUSE AND OVERVIEW OFIMPLEMENTATION PROGRAMME – BRUSH FARM HOUSE

File No. P414.19/12

Report SummaryTo update Council on damage caused to Brush Farm House as a result of recent stormsand actions taken in protecting Brush Farm House from further damage together with anoverview of the implementation program for the restoration of Brush Farm House.

BackgroundA full chronological history of Council resolutions, correspondence and events/actionstaken is ATTACHED.

In summary this listing demonstrates the following;

- Council purchased the property in 1989 for $775,000 from the Department ofCorrective Services

- A full building condition report was not undertaken at the time of purchase

- Numerous attempts by Council to secure major government funding or a third partyto operate Brush Farm House all fail.

- Council in April 1999 agree to allocate $100,000 each year to Brush Farm Reserve

- Further discussions with Department of Corrective Services undertaken in 1999 andcontinue up to 2002 when Department withdraws support for proposal.

- In late 2002, Council undertakes a workshop and agrees to re-approach the HonJohn Watkins, Local MP for Ryde. Mr. Watkins confirms support and organises ameeting in February 2003 with the Hon Mr. R Amery, Minister, Corrective Services.

- After numerous discussions, an agreement is finally reached with each Partycontributing $800,000 over 4 financial years.

- Draft Conservation Management Plan endorsed by NSW Heritage Office on 9 July2004 and reported to Council on 13 July 2004

- Throughout July to September 2004 various consultations undertaken to clarify andconfirm the process and that the Tropman and Tropman approach document for a staged restoration was included in the Heritage Office’s endorsement.

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General Manager Chairperson

ITEM 16 (continued) LATE ITEM

- On 14 October 2004, a meeting with the NSW Heritage confirms process and thestaging of the proposed works

- Detailed cost estimates for detailed plans to support applications received from oneheritage architect. A further two quotations required.

- On 20 November 2004, Heritage Tour of properties undertaken

- Storms in late November 2004 and early December impact on balcony area

- In late November, position of Project Manager for 2 year period advertised. Temporary appointment confirmed to commence Monday 20 December 2004.

- Early December, Council attempts to secure contractor to undertake work

ReportThis report provides for an overview of the recent damage to Brush Farm House andactions taken together with the plan to be implemented in securing the restoration ofBrush Farm House.

Damage to Brush Farm HouseIn late November 2004 and again on Sunday 12 December 2004 storms and strongwinds affected the Sydney metropolitan area.

Brush Farm House had been inspected on a regular basis and the property was againinspected as part of the Heritage Tour on Saturday 20 November 2004.

No marked change had occurred however, in late November early December thebalcony floor had further dropped and efforts to secure a contractor to assess the workto be undertaken were initiated. Inspections of the property on Wednesday 8 Decemberand Friday 10 December 2004, showed the floor had further sagged, and attempts weremade to engage a contactor. Further attempts to get some works carried out onSaturday 11 December 2004 were deemed impractical given the nature of the works.

It was agreed to inspect the property on Monday 13 December 2004 at 8.30am. Unfortunately, the heavy winds associated with the storm on Sunday 12 December 2004caused further movement and the balcony partially collapsed.

Fortunately, minimal damage has occurred to the House, the only visible damage ischipping and cracks to the steps.

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General Manager Chairperson

ITEM 16 (continued) LATE ITEM

Action TakenAt the inspection on Monday 13 December 2004, the following immediate steps weretaken;

- Installed 6 foot safety fence around Brush Farm House frontage. Area had beenpreviously hazard taped.

- Contacted the NSW Heritage Office to update them on incident and to seek adviceon the securing of suitable contractors. They referred Council to the detail on theirweb site.

- Further attempts were taken to secure a suitable contractor. Fortunately, an on-sitemeeting was organised for 10.00am on Monday 13 December 2004.

- After assessing the works and consulting with the General Manager, due to theemergency conditions, the contractor was engaged at an estimated cost of $8,000.

- Works will commence on Thursday 16 December 2004 and will take 3 to 4 days tocomplete.

- Extreme care, due to both the heritage nature of the building and the high risk andassociated OHS issues associated with these works, will be taken.

- It is proposed to demolish the complete balcony by hand and to safely store all itemssuch as the balustrades, support poles etc, awaiting the restoration works.

- All windows, doors and fabric penetrations, due to the removal of the verandah, willbe boarded up.

- It is proposed to keep the safety fence in place.

Implementation of Restoration Program for Brush Farm HouseAs indicated earlier in this report, it has taken Council, since the Draft Conservation Planwas endorsed in July 2004, to the 14 October 2004 to be clear on the basis of the Plan’sapproval and the process.

Also, a temporary resource has been engaged to advance these works and Council iscurrently advertising for a Project Manager – Capital Projects on the basis of a 2 yearappointment. The prime focus of this position will be Brush Farm House and the WestRyde Library fitout. Therefore, the broad program for Brush Farm House is as follows,noting that a further report will be provided to Council in late February/early March toconfirm the project plan for these works;

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General Manager Chairperson

ITEM 16 (continued) LATE ITEM

- Appointment of Heritage Architects to complete detailed plans for Brush Farm HouseRestoration 21 January 2005

- Completion of detailed drawings for Section 60 Application to NSW Heritage Officeand Integrated Development Application to the City of Ryde 31 March 2005

- Call EOI for Brush Farm House work April 2005

- Lodgement of Section 60 Application to NSW Heritage Office for assessmentApril 2005

- Allowance for assessment by NSW Heritage Office (Minimum of 60 days and application may have to be advertised)

April – 30 June 2005

- EOI evaluated and reported to Council 30 June 2005

- Integrated Development Application lodged with City of Ryde 1 May 2005

- Integrated Development Application processed 31 July 2005

- Selective tenders called for works August 2005

- Tenders evaluated and reported to Council 30 September 2005

- Works Commence October 2005

It should be noted that it is intended to undertake regular inspections of the property andcarry out any emergency or necessary maintenance works to protect the property whilethe plans for the restoration of Brush Farm House are advanced.

CommunicationIt is proposed to update key stakeholders on the recent damage and actions takentogether with an overview of the implementation of the restoration program the BrushFarm House.

Financial ImpactThe cost of the emergency works will be met from the allocation for emergencymaintenance in the Property Services Budget. In the 2004/2005 Management Plan,$400,000 has been allocated towards the Brush Farm House refurbishment.

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General Manager Chairperson

ITEM 16 (continued) LATE ITEM

As indicated in the report, it is projected that all approvals from the NSW Heritage Officeand the City of Ryde will be either obtained or well advanced by 30 June 2005.

At this stage of the project, it is likely that the 2004/2005 allocation will not be fullyexpended, however, a further update in March 2005 will provide an updated position inrespect of estimated expenditure.

RECOMMENDATION:

(a) That the update on the damage to Brush Farm House and overview of theImplementation Program – Brush Farm House be received and noted.

(b) That a further progress report be provided to Council in March 2005 on an update ofthe Implementation Program together with a status report of actions taken.

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General Manager Chairperson

ITEM 16 (continued) LATE ITEM

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General Manager Chairperson

ITEM 16 (continued) LATE ITEM

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General Manager Chairperson

ITEM 16 (continued) LATE ITEM

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General Manager Chairperson

ITEM 16 (continued) LATE ITEM

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General Manager Chairperson

ITEM 16 (continued) LATE ITEM

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General Manager Chairperson

ITEM 16 (continued) LATE ITEM

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PRECIS OF CORRESPONDENCE FOR CONSIDERATION AT COUNCILMEETING TO BE HELD 14 DECEMBER 2004

- 1 -

THERE ARE NO ITEMS OF CORRESPONDENCE

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COUNCIL MEETING ... 14 DECEMBER 2004

Notices of Motion

- 1 -

(1) Councillor Campbell will move:-

“That the General Manager:

(i) initiate immediate actions (and resource allocation within Council) inconjunction with Council’s Heritage Advisory Committee and theRSL Sub Branches within Ryde, to plan and promote a range ofheritage activities to commemorate the 90th anniversary of WorldWar I;

(ii) Provide a report to Council at the first Council Meeting in 2005outlining the scope of activities planned; and

(iii) Provide regular reports to Council on the program of these plannedactivities during the first quarter of 2005 (in the lead up to ANZACDay).”

(2) Councillor Ryan will move:-

“That the General Manager report on possible amendments to the LocalEnvironmental Plan and DCP for the Eastwood Town Centre to ensurethat future developments are of the highest possible quality (includingsustainability issues) and that the principles of human scale and an urbanvillage are respected.”

(3) Councillor Petch will move:-

“That the General Manager investigate any potential risk to residents ofRyde presented by the proposal to incinerate dioxin on the Rhodespeninsular as a method of rehabilitating site for development.”

“That the General Manager and Mayor be authorised to take whateversteps necessary to protect the health of the residents of Ryde from anypollution created by such disposal methods.”

(4) Councillor Butterworth will move:-

“That Council officers prepare a report detailing Ryde City Council’sinvolvement with local schools, in particular its involvement with annualspeech and presentation days.”

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This is page number 1 of the Mayoral Minute, dated 10 December 2004 submitted toCouncil on 14 December 2004.

General Manager Chairperson

MAYORAL MINUTE

Civic CentreRyde 2112

10 December 2004

To the Council

Ladies and Gentlemen,

Macquarie Park MasterPlan

Council is poised to make some important decisions about the future of theMacquarie Park Employment Area. These decisions will guide the future of thelocation which will forge ahead to become recognised as the principal CBD in ourregion.

However while the Plan before us promotes the notion of a viable and vibrantemployment area, it does not give the location a heart, or a focus for communityactivity. There should be a readily accessible location that makes provision for:

• A public park• A public plaza• The concentration of civic and government activities• Community facilities• Complementary retail and commercial activities

Ideally this site should be close to one of the railway stations and for maximum utility,be towards the geographic centre of the employment area.

The former Water Board site in Waterloo Road near Lane Cove Road seems topossess the desirable attributes. This property adjoins a drainage easement thatmay facilitate rear access from Talavera Road. The Master Plan and draft LEPpropose that part of this site should become a park.

The former Water Board site is currently a construction site for the railway and ispublicly owned. Once the rail project is completed the site will be available fordevelopment. I believe that this development should be for the benefit of visitors,residents and workers of Macquarie Park. As publicly owned land I believe we shouldbe seeking some of the land to remain in public ownership. If we do not act now theopportunity may be lost.

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This is page number 2 of the Mayoral Minute, dated 10 December 2004 submitted toCouncil on 14 December 2004.

General Manager Chairperson

RECOMMENDATION:

(a) That a clause be added to the LEP and the DCP for Macquarie Park to requirethe former Water Board site to be developed to provide for:• A public park• A public plaza• The concentration of civic and government activities• Community facilities• Complementary retail and commercial activities

(b) That the General Manager commence negotiations with the relevant stategovernment agencies with the aim of securing some of the former Water Boardsite for a park and other appropriate community activities for the benefit of thepeople of the City of Ryde.

Councillor T W PerramMayor