Sheridan Planning Group
52 []ank Street North Sydney NSW 2060 PhlFax: (612) 9923•1239 Emait: [email protected] abn: 11 071 549 561
STATEMENT OF ENVIRONMENTAL EFFECTS
SYDNEY UNIVERSITY BOAT CLUB
CUNNINGHAMS REACH, LINLEY POINT Cunninghams Reach, Linley Point June 2008
SPG
Sheridan Planning Group
52 Bank Street North Sydney NSW 2060 PhlFax: (612) 99231239 Email: sheridan_lynne @hotmail.com Abn: 11 071 549 561
STATEMENT OF ENVIRONMENTAL EFFECTS
SYDNEY UNIVERSITY BOAT CLUB
CUNNINGHAMS REACH, LINLEY POINT
Prepared on behalf of
SYDNEY UNIVERSITY BOAT CLUB JUNE 2008
SHERIDANPLANNING GROUP 2 Cunninghams Reach, Linley Point June 2008
TABLE OF CONTENTS
1.0 INTRODUCTION
2.0 SITE LOCATION AND DESCRIPTION
2.1 Site location/context and surrounding development 2.2 Site description and ownership
3.0 DESCRIPTION OF PROPOSAL
3.1 Background 3.2 Overview of the proposal 3.3 Construction 3.4 Stormwater management 3.5 Building Design 3.6 Materials and Finishes 3.7 Services
I • 3.8 Landscaping
4.0 STATEMENT OF ENVIRONMENTAL EFFECTS 15
4.1 S.79C(1)(a)(i) Provisions of any environmental planning instrument 4,2 S.79C(1)(a)(ii) Provisions of any draft planning instrument 4.3 S79C(1)(a)(iii) Provisions of any development control plan 4.4. S79C(1)(a)(iiia) Provisions of any planning agreement 4.5. S79C(1)(a)(iv) Matters prescribed by the Regulations 4.6. $79C(1)(b) Likely impacts of the development 4.7. $79C(1)(c) Suitability of the site for development 4.8. $79C(1)(d) Public submissions 4.9. $79C(1)(e) Public interest
5.0 CONCLUSION 32
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SHERIDANPLANNING GROUP l : Cunninghams Reach, Linley Point June 2008
APPENDICES
Appendix A • Photographs of the site
Appendix B • Architectural drawings prepared by Quinn O'Hanlon Architects
Appendix C • Architectural design statement
Appendix D • AHIMS search results
Appendix E • Waste Management Form
FIGURES
Figure 1 • Site location map
Figure 2 • Existing and proposed sites for SUBC
Figure 3 • Aerial photo of site showing proposed development
Figure 4 • Extract from SREP (Sydney Harbour) 2005 Wetlands Protection Area Map
SHERIDANPLANNING GROUP i Cunninghams Reach, Linley Point June 2008
1.0 INTRODUCTION
This report is submitted to Lane Cove Council (the Council) as part of a development application proposing the construction of a Sydney University Boat Club at Cunninghams Reach, Linley Point.
This report has been prepared by Sheridan Planning Group (SPG) based on plans and information provided by Quinn O'Hanlon Architects and supporting technical documents. For a full description of the proposal refer to Section 3.
This document has been prepared pursuant to Section 78A of the Environmental Planning and Assessment Act, 1979, and Section 50 of the Environmental Planning and Assessment Regulation, 2000. The purpose of this Statement is to address the merits of the proposal with particular reference to the Evaluation Criteria under Section 79C of the Environmental Planning and Assessment Act, 1979, taking into consideration the compliance/non•compliance of the proposal with the relevant statutory controls, the objectives for development within the area and assessment of the environmental impacts of the proposal.
It is noted that this matter is a Crown Application for the purposes of Part 5A of the Environmental Planning and Assessment Act.
This report should be read in conjunction with the following documentation:
• Photographs of the site in Appendix A.
• Development Application drawings prepared by Quinn O'Hanton Architects and O'Hanlon Design in Appendix B.
• Architectural design statement prepared by Quinn O'Hanlon Architects in Appendix C.
• AHIMS search results in Appendix D.
• Waste Management Form in Appendix E.
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SHERIDANPLANNING GROUP 5 Cunninghams Reach, Linley Point June 2008
2.0 SITE LOCATION, DESCRIPTION AND OWNERSHIP
2.1 Site location, context and surrounding development { i J Cunninghams Reach is located between the eastern bank of the Lane Cove River and Burns Bay Road, Linley Point, as illustrated in Figure I below. Facilities include a sealed car park with formal parking for up to 25 vehicles plus additional informal parking, a BBQ, picnic benches and seats.
Cunninghams Reach is a small, elongated, park along the Lane Cove River, adjacent to and well below Burns Bay Road at Linley Point. Vehicular access to and from the site is only possible from Burns Bay Road, via a sealed, single lane, one way loop road which passes below Fig Tree Bridge. /
The key topographic feature of the site is a rock face, of between l m•8m in height, set generally parallel with Burns Bay Road. This exposed rock face is the result of quarrying undertaken in the 1960's. Land above the rock face, extending up to Burns Bay Road, is steep and well vegetated, other than for a section of the loop road. Land from the base of the rock face across to the river is essentially level, further confirming the extent of prior disturbance to this area of the foreshore. Vegetation comprises expansive areas of grass and numerous pockets of vegetation. The riverbank, for its entire length at Cunninghams Reach, is defined by a rock wall and treeline. Figure I •Site location map
Land opposite the site, along the western bank of the river, is occupied by Boronia Park. That land is within the Hunters Hill local government area.
For further details on the site and surrounds, refer to the Site Plan submitted with the application and photos in Appendix A.
2.2 Site description and ownership
The site is known as Cunninghams Reach. The legal description of the subject land and ownership is shown in the table below:
Lot Deposited Plan Owner 7101 1055655 Department of Lands 2 1117218 Commissioner for Main Roads
SHERIDANPLANNING GROUP 6 Cunninghams Reach, Linley Point June 2008
In addition to the above, it is also necessary for NSW Maritime to provide consent, as landowner, for the construction of the jetty, ramp and pontoon. All required land owners consents are submitted under separate cover.
SHERIOANPLANNING GROUP 7 Cunningharns Reach, Linley Point June 2008
3.0 DESCRIPTION OF PROPOSAL
3.1 Background
The original Sydney University boat house at Linley Point Reserve was constructed around 1965, and was destroyed by fire in March 2006. In the interim, the Sydney University Boat Club has been generously hosted at the St Ignatius College Boat Shed on Tambourine Bay. The Club has maintained its position as a premier club with 17 members in the Australian Rowing Teams 2007 despite the cramped conditions and shared facilities.
At the time of construction the original shed was designed primarily to accommodate the Sydney University men's crews. Intervarsity races at this time were limited to an eight, four, pair and single, and competitors were limited to a single event. This represented a maximum of approximately 20 people• The original design of two boat bays was adequate to suit that purpose.
By 2000 the growth of the sport and development of the club to an elite standard for both men and women increased the usage to around 35 people at each session.
Elite competition now requires that each rower competes in single, pair, four and eight. In most cases boats are individually set up for each competitor. This resulted in a minimum of 15 boat seats per competitor and created the need for a large fleet to service a small number of elite competitors.
At the time of the fire in 2006 the boat house was overflowing with the Club and private sculls of the 32 competitors preparing for the National Selection Trials. In excess of 40 boats of varying sizes were destroyed in addition to 6 speedboats and around 300 oars. Figure 2 • Existing and proposed sites for SUBC
Following the fire, discussions commenced with NSW Maritime and Lane Cove Council to replace the facility. Analysis revealed several factors that had changed since construction of the original building including:
Significant increases in traffic along Burns Bay Road Development of residential areas at Riverview Increases in moorings in Burns Bay Increased site usage and parking limitations
In addition, changes to statutory requirements affected the type of building that could be provided• Sydney Harbour REP (Sydney Harbour Catchment) 2005 identified Linley Point reserve as a wetland site. NSW Maritime strongly encouraged the opening up of foreshores and the placement of buildings on land rather than over water•
SHERIDANPLANNING GROUP 8 Cunninghams Reach, Lintey Point June 2008
An extensive assessment of 3 sites was carried out and the outcome discussed with Lane Cove Council. It was generally agreed that Cunningham's Reach appeared to present the preferable option for the relocation of the boat club.
Assessment of these factors has indicated that Cunninghams Reach is a more suitable location for the boat club. The location of the former and proposed facilities is shown in Figure 2 above.
3.2 Overview of the proposal
Development approval is sought to construct a purpose designed facility for the Sydney University Boat Club. An application for a Construction Certificate is to be sought separately.
The primary components of the development are:
Extension of an existing at grade pathway to provide a defined pedestrian access from the car park to the river bank, which will continue north adjacent to the river for the frontage of the site. Construction of a two storey building. Construction of a deck and ramp providing access to a pontoon in the river, set adjacent to the river bank, at the northern end of the site.
The location of the proposed building and structures is shown in Figure 3 below.
Figure 3 • Aerial photo of site showing proposed development
It is anticipated that the facility will be used by approximately 25 athletes in the morning and approximately 15 athletes in the afternoons, assisted by coaching staff of 1 • 3 people.
SHERIDANPLANNtNG GROUP 9 Cunninghams Reach, Linley Point June 2008
The training of athletes typically occurs early in the morning or late in the afternoon as set out below:
Day Time Activity
Monday • Friday 5.30 am • 8.30 am Training for elite athletes sponsored by the Institute of Sport (except on Thursdays at present). The training will usually involve the same group of athletes each morning who tend to travel together, usually 2 to 3 athletes per car.
4.00 pm •6.00 pm A new juniors program for local school students (e.g. Hunters Hilt High, Willoughby High etc.). Approximately 15•16 children will attend in the afternoons, with the majority of students traveling in groups in a small community bus (e.g. Toyota Coaster or similar).
Saturday 5.30 am • 8.30 am Training for elite athletes unless they are involved in racing events at other locations.
Afternoons New juniors program, same as weekday afternoons, although the number of students involved is likely to be lower than on weekdays.
Sundays Mornings Minimal activity (training for individual athletes if required).
Afternoons Closed, except to return boats after Saturday events.
Key details of the proposal are shown in the table below: Reduced versions of the architectural drawings are attached to this report in Appendix B.
Ground floor area 829.33 mz First floor area 454.35 mz Gross floor area 1283.68 m2
Setbacks from river • Minimum 9756 mm • Maximum 14562 mm Maximum height 10.5 m (RL 13.90) Ground floor facilities • Covered entry and foyer • Male and female change rooms • Accessible change room • Coach's change room • Hydrotherapy pool room • Lift and stairwell • Extensive boat storage areas • Repair bay, workshop and storage area • External boat wash area First floor facilities • Balcony • Video analysis room • Massagelrecovery area
SHERIDANPLANNING GROUP
I Cunninghams Reach, Linley Point June 2008
• Ergometer area. • Kitchen and breakfast area • Office • Various storage rooms and amenities
3.3 Construction
Throughout the proposed construction works, all requirements of the Environment Protection Authority (EPA) and Council will be met. All noise emissions will comply with the relevant Australian Standard. All wastewater generated from the site will be directed to a new stormwater system. The disposal of wastewater will comply with the requirements of the Protection of the Environment (Operations) Act 1997.
All construction vehicles are proposed to enter/leave the site from Burns Bay Road, via the loop road below Fig Tree Bridge.
The proposed hours of work sought for construction are:
• Mondayto Friday 7.00am to 5.30pm; and
• Saturday 7.30am to 3.00pm.
No work is proposed on Sundays or Public Holidays.
3.4 Stormwater management
Roof water will be collected in storage tanks for reuse to WC cisterns and the boat washdown area. External paved areas will be received into a gravity system of drains and will discharge to the Lane Cove River via silt/pollution unit as required by the Maritime Authority and Lane Cove Council.
For details refer to the concept stormwater drainage plan prepared by Quinn O'Hanlon Architects Pty Ltd.
3.5 Building Design
The project architect, Quinn O'Hanlon Architects Pty Ltd, has provided a detailed architectural design statement, which addresses the following matters:
Design development Project requirements Extent and location of driveway Distance from proposed pontoon Club facilities Accessibility requirements Building protection ESD principles Public Benefits
A copy of the design statement is provided at Appendix C.
SHERIDANPLANNING GROUP Cunninghams Reach, Linley Point June 2008
3.6 Materials and finishes
The external materials of construction and finishes are noted on the plans and accompanying finishes board prepared by Quinn O'Hanlon Architects, however the table below provides a summary:
Walls CombinatLon of split face concrete blockwork, colourbond metal sheeting and rendered walls. Windows Metal. powder coated frames and Iouvres with decorative sunscreens Doors Powder coated aluminium doors Roof Metal roof sheeting
3.7 Services
A Hydraulic Services report prepared by GJ Sparks and Partners Pty Ltd has revealed that:
No water mains are located within Burns Bay Road. While there is a cold water standpipe on the site there is no evidence of a water meter and the location of the mains connection could not be found. No gas supply is located on or adjacent to the site. No sewer drainage is available on the site and it is likely not practical to extend the gravity main because of the site's isolation from residential areas.
In response to these constraints, and based upon advice from GJ Sparks and Partners, it is proposed that:
Water supply should be a combined domestic and fire services supply extending from the Sydney Water main in The Avenue via a service under Fig Tree Bridge. Domestic supply would require a water meter. The fire service would require a booster valve located on the site. Gas supply be provided by extending the existing service in The Avenue via a service under Fig Tree Bridge, and with a meter located on site. For sewer, a waste collection pit with dual submersible pumps to deliver raw untreated wastes to the Sydney Water Sewer main located within The Avenue via a rising main under Fig Tree Bridge and under the pavement to the manhole in The Avenue.
3.8 Landscaping
The project architect, Quinn O'Hanlon Pty Ltd, has provided the following landscape design statement:
SITE ASSESSMENT AND HISTORY
The proposal is located in parklands administered by Lane Cove Council at Cunningham's Reach, North West of Burns Bay Road.
Site inspections were carried out in November 2007, March and April 2008. In addition an arborist's report has been prepared for the site and adjacent areas.
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SHERIDANPLANNING GROUP Cunninghams Reach, Linley Point June 2008
Inspection of the map of land titles and old photographs reveal that the south west section of the park was constructed after creation of the original land titles. This indicates it was likely to have been filled as part of the works during construction of Fig Tree Bridge over Lane Cove River in approx. 1964•65. The northern section of the park appears on the original land titles indicating it was originally above mean high water level.
Close inspection of the random rock sea wall reveals that the section north of the concrete wall contains several very large random sandstone floaters. These appear to be contiguous with the sandstone of the foreshore further north and characteristic of the Hammondville soil series. The Hammondville series often contains very large, well weathered sandstone blocks bedded in weathered clay at varying levels in the strata. This geological pattern is visible further north adjacent to Burns Bay Road and immediately opposite the site across Lane Cove River.
Close examination of the rock face adjacent to the south elevation of the building reveals drill lines on the rock face. The surface of the rock face is therefore not natural, probably a result of quarrying to obtain the stone used to extend the southern section of the random rock sea wall in the 1960's.
Most critically it appears that the lower sections of the park are not natural but are cut and filled. The slope between the access road and the cliff appears to be a natural landform. The grass slope between the access road and Burns Bay Road appears to be formed cut/filled as part of the road verge.
These facts provide important information that explains the landscape and the observable species of existing vegetation.
EXISTING VEGETATION
The existing vegetation is identified and classified in the arborist's report. In addition Lane Cove Council has provided a planting list of indigenous vegetation identified in Cunningham's Reserve.
It is notable that very little of the existing vegetation on the site and within the surrounding environs of the park is on the indigenous plant list creating by survey during 1994. It therefore appears that most of the vegetation including the planting proposed for removal and rated as SIG2 in the arborist's report is not original and not indigenous to the site.
The summary of species noted in the aborist's report is consistent with the type of planting carried out during the road works for Fig Tree Bridge.
A plaque located on the quarried rock face notes the planting of 6 Ficus sp by 1995.
The assessment of existing vegetation revealed that 2 Ficus south of the building footprint could be those referred to on the plaque. However the other four Ficus appear to have failed or died. Two Ficus located on the cliff face are the same species however as they grow on the rock face they are almost certainly not planted but seeded by bird drop or wind.
PROPOSED PLANTING CONCEPT
The planting scheme for the site has been divided into two distinct areas.
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SHERIDANPLANNING GROUP 13 Cunninghams Reach, Linley Point June 2008
The planting immediately adjacent to the building and into the existing garden beds on the lower section of the site has been selected to compliment the existing vegetation in the park areas. These areas will have higher levels of use and plants that regenerate quickly such as Lomandra and Casuarina have been extensively used in that area. All plants are selected form the indigenous list provided by Council.
On the remnant slope south of the building the revegetation species have also been selected from the indigenous species list for the park. This has been broken into zones and it is proposed to revegetate around and adjacent to the existing vegetation.
In zones 1 and 2 the strategy is to carry out weed removal, mulch and thicken the understorey with indigenous shrubs and ground covers.
In zone 3, further from the new building, the planting list of shrubs and ground covers is supplemented by tree planting from the indigenous list.
New tree plantings have been kept a reasonable distance from the building to avoid future clashes between the spread of the trees and the extent of the building. The roof has been designed without box styled or high fronted gutters to avoid collection of leaf debris.
LANDSCAPE ELEMENTS
Several other enhancements to the landscape are proposed as part of the works. To clearly delineate the boat wash areas it is proposed to vary the colour and texture of the paving. This will service both rowers and the public by identifying trafficable and washing areas.
The landscape plan also identifies a location for an interpretive sign. It seems an excellent opportunity to provide some history of the park and the bridge reconstruction, also provide some history of rowing on Lane Cove River with explanation of the use of the adjoining facilities.
Finally, locations are shown on the landscape plan for:
• relocation of the commemorative plaque. ° new seating to allow observation of the pontoon.
• security and area lighting for the building and pontoon.
SHERIDANPLANNING GROUP 14 Cunningharns Reach, Linley Point June 2008
4.0 STATEMENT OF ENVIRONMENTAL EFFECTS
Legislation, environmental planning instruments and development control plans considered in the preparation of this report are:
Crown Lands Act 1989 Environmental Planning and Assessment Act 1979 Local Government Act 1993 State Environmental Planning Policy No. 19 • Bushland in Urban Areas State Environmental Planning Policy No.55 • Remediation of Land Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Lane Cove Local Environmental Plan 1987 Draft Lane Cove Local Environmental Plan 2007 Lane Cove Access and Mobility Development Control Plan Lane Cove Stormwater Management Plan Lane Cove Bushland Development Control Plan No 1 Lane Cove Waste Management DCP
4.1. S. 79C(1)(a)(i) PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT
Crown Lands Act 1989
All of the is site is Crown land, in particular Lot 7101 DP 1055655 which is under the ownership of the Department of Lands. Lane Cove Council has the care, control and management of that land.
The objects of this Act are to ensure that Crown land is managed for the benefit of the people of New South Wales, and in particular to provide for:
(a) a proper assessment of Crown land, (b) the management of Crown land having regard to the principles of Crown land management contained in this Act, (c) the proper development and conservation of Crown land having regard to those principles, (d) the regulation of the conditions under which Crown land is permitted to be occupied, used, sold, leased, licensed or otherwise dealt with, (e) the reservation or dedication of Crown land for public purposes and the management and use of the reserved or dedicated land, and (f) the collection, recording and dissemination of information in relation to Crown land.
The principles for the proper development of Crown Land are set out in section 11 of the Act. The manner in which this proposal responds to those principles is shown in the table below:
Principle Compliance That environmental protection principles Measures are nominated for the collection and disposal of be observed in relation to the stormwater and the re•landscaping of the areas surrounding management and administration of Crown the works, to ensure that once operational, use of the land building and pontoon will not create adverse environmental impacts.
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SHER1DANPLANNING GROUP 15 Cunninghams Reach, Linley Point June 2008
That the natural resources of Crown land The proposal has been designed and located with due (including water, soil, flora, fauna and regard to this principle. scenic quality) be conserved wherever possible That public use and enjoyment of The facilities nominated under this application will not appropriate Crown land be encouraged preclude or diminish public access or enjoyment of the land. That, where appropriate, multiple use of As above. Crown land be encouraged That, where appropriate, Crown land The land will continue to be managed in accordance with should be used and managed in such a Council's Plan of Management. way that both the land and its resources are sustained in perpetuity, and That Crown land be occupied, used, sold, As above. leased, licensed or otherwise dealt with in the best interests of the State consistent with the above principles
Environmental Planning and Assessment Act 1979
Section 91 • Inte.qrated Development • Fisheries Management Act 1994
Any of the activities listed below require a permit under the Fisheries Management Act 1994 and consequently trigger the integrated development provision of the Environmental Planning and Assessment Act:
aquaculture permit(Section 144) permit to carry out dredging or reclamation work (Section 201)
I permit to cut, remove, damage or destroy marine vegetation on public water land or an aquaculture lease, or on the foreshore of any such land or lease (Section 205) permit to:
(a) set a net, netting or other material, or (b) construct or alter a dam, floodgate, causeway or weir, or (c) otherwise create an obstruction, across or within a bay, inlet, river or creek, or across or around a flat (Section 219)
Construction of the jetty, ramp and pontoon will not affect marine vegetation noting that the maps accompanying Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 do not identify Cunninghams Reach foreshore, or the adjacent part of the Lane Cove River, as supporting wetlands, seagrasses or mangroves. This view was confirmed in enquiries with NSW Maritime.
Enquiries with the Department of Primary Industries have confirmed that the proposed jetty, ramp and pontoon is not considered to be an obstruction within the river.
Accordingly it is submitted that this proposal does not involve any of the above activities and consequently this development is not captured by Section 91 of the EPA Act for the purposes of the Fisheries Management Act 1994.
Section 91 • Inte,qrated Development • Water Management Act 2000
The Rivers and Foreshores Improvement Act 1948 has been repealed and the controlled activity
SHERIDANPLANNING GROUP 16
( Cunninghams Reach, Linley Point June 2008
provisions in the Water Management Act 2000 (WMA) commenced on 4 February 2008. A controlled activity approval (CAA) under the WMA is required for certain types of developments or activities carried out within 40 metres of a river, lake or estuary.
Under the WMA, a controlled activity means:
the erection of a building or the carrying out of a work (within the meaning of the Environmental Planning and Assessment Act 1979), or the removal of material (whether or not extractive material) or vegetation from land, whether by way of excavation or otherwise, or the deposition of material (whether or not extractive material) on land, whether by way of landfill operations or otherwise, or the carrying out of any other activity that affects the quantity or flow of water in a water source.
A CAA confers a right on its holder to carry out a specified controlled activity at a specified location in, on or under waterfront land. Water front land is defined as:
the bed of any river, together with any land lying between the bed of the river and a line drawn parallel to, and the prescribed distance inland of, the highest bank of the river, OR
the bed of any lake, together with any land lying between the bed of the lake and a line parallel to, and the prescribed distance inland of, the shore of the lake, OR
the bed of any estuary, together with any land lying between the bed of the estuary and a line drawn parallel to, and the prescribed distance inland of the mean high water mark of the estuary, OR
if the regulations so provide, the bed of the coastal waters of the State, and any inland lying between the shoreline of the coastal waters and a line drawn parallel to, and the prescribed distance inland of, the mean high water mark of the coastal waters,
However notwithstanding that this site is within 40m of water front land, enquiries with the Department of Water and Energy has confirmed that a CAA under the Water Management Act 2000 is not required for development on Crown Land.
All of the subject site is Crown Land accordingly this proposal is not 'integrated development' for the purposes of the Water Management Act 2000.
Section 91 •Integrated Development • Maritime
Advice provided by Council in their letter dated 15 January 2008 suggests this proposal would constitute integrated development requiring General Terms of Approval from NSW Maritime.
Our view of Section 91 of the Environmental Planning and Assessment Act is that NSW Maritime is not an integrated development authority. This has been confirmed in discussions with NSW Maritime's Property Development Co•ordinator.
Our understanding of the role of NSW Maritime in this instance therefore is: !
SHERIDANPLANNING GROUP 17 Cunninghams Reach, Lintey Point June 2008
To provide owners consent for lodgment of this development application in respect of the jetty, ramp and pontoon components of this proposal; As a referral body for the purposes of the Foreshores and Waterways Planning and Development Advisory Committee convened under the Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005. To provide consent for the construction of the jetty, ramp and pontoon should this development application be approved.
Part 5A • Development by the Crown
Clause 226 of the Environmental Planning and Assessment Regulation provides that a university is included in any reference to 'the Crown' for the purposes of Sections 116B, C, F and G in Part 5A of t he Act.
Section 116C of the Act provides that Council must not refuse its consent to a Crown development application, except with the written approval of the Minister, nor can it impose a condition of its consent, except with the written approval of the Minister or the applicant.
Local Government Act 1993
Cunninghams Reach is classified as 'community land' under this Act. To address associated statutory requirements Council adopted the Lane Cove Community Land Management Plan • December 2000. This Plan provides generic pans of management for 10 broad categories of community land and nominates core objectives for each land category and performance targets.
Cunninghams Reach is most relevantly categorised under the 'foreshores' generic plan of management. This proposal's consistency with provisions of that plan is shown in the table below:
Core obiectives Response To maintain the foreshore as a transition between The foreshore along Cunninghams Reach is the aquatic and terrestrial environment, and to defined by both informal and formal rock walls. protect and enhance all functions associated with The form, location and presentation of the foreshore's role as a transition area foreshore in this locality will not alter as a consequence of this proposal. To facilitate the ecologically sustainable use of the As above. The interface between the river and foreshore, and to mitigate impact on the foreshore the land will not alter as a consequence of this _j. by community use. proposal. The construction and use of the proposed building wilt not result in any adverse effects upon natural environment. Performance targets Response Remaining rock outcrops, cliff lines and vegetated The exposed rock face adjacent to the proposed foreshores protected building is a result of quarrying from the 1960's. The vegetated foreshore will be maintained. The foreshore from remains as close as is practical The proposal does alter the existing location, to the natural character structure or presentation of the foreshore. Continuous line of any natural feature is preserved The riverbank is the most dominant feature of the and remains the dominant feature in the landscape immediate locality and will not be altered by this proposal. Littoral vegetation is preserved and enhanced Existing vegetation along the foreshore will be essentially maintained and embellished by this proposal.
SHERIDANPLANNING GROUP 18 Cunninghams Reach, Linley Point June 2008
Vegetation cover is maintained on the upper slopes t The upper slopes above the proposed building will and ridgelines, along drainage lines and within I be essentially unaltered, and revegetated by this tvisually prominent areas. [.proposal. In view of the above it is considered this proposal is generally consistent with the terms of Council' Plan of Management for the site.
State Environmental Planning Policy No.19 • Bushland in Urban Areas
The aims of this Policy are to protect and preserve bushland within the urban areas of its value to the community as part of the natural heritage, its aesthetic value, and its value as a recreational, educational and scientific resource. For the purpose of this Plan, bushland is defined as:
land on which there is vegetation which is either a remainder of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation.
Clause 6 of the Plan provides that bushland zoned or reserved for public open space purposes shall not be disturbed without the consent of Council, and, that prior to giving such consent, Council should:
Consider the need to protect and preserve the bushland having regard to the aims of this Policy,
(b) Be satisfied that the disturbance of the bushland is essential for a purpose in the public interest and no reasonable alternative is available to the disturbance of that bushland, and
(c) Be satisfied that the amount of bushland proposed to be disturbed is as little as possible and, where bushland is disturbed to allow construction work to be carried out, the bushland will be reinstated upon completion of that work as far as is possible.
A review of maps at Lane Cove Council confirms that Cunninghams Reach is not classified as bushland and that SEPP 19 does no.~tapply to this particular site.
State Environmental Planning Policy No.55• Remediation of Land
SEPP 55 aims to provide a framework for the assessment, management and remediation of
contaminated land throughout the state. Clause 7 (1) of SEPP 55 prevents Council from consenting to a development unless:
(a) it has considered whether the land is contaminated, and (b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and (c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.
In response to these matters it is noted:
Table 1 of the Department of Planning's Planning Guidelines for Contaminated Lands identifies land activities which may cause contamination. The Australian and New Zealand Guidelines for the Assessment and Management of Contaminated Sites, issued in 1992 by
SHERIDANPLANNING GROUP 19 Ii Cunninghams Reach, Linley Point June 2008
the Australian and New Zealand Environment and Conservation Council and the National Health and Medical Research Council, also contains a table listing examples of land uses that might result in land contamination. Neither of these documents identifies open space or recreation areas as being a possible cause of land contamination.
We are not aware that the site is affected by Section 59(2) of the Contaminated Land Management Act 1997, being land which is:
Within land declared to be an investigation area or remediation site under Part 3 of that Act. Subject to an investigation order or a remediation order within the meaning of that Act. The subject of a voluntary investigation proposal (or voluntary remediation proposal) the subject of the Environment Protection Authority's agreement under section 19 or 26 of that Act. The subject of a site audit statement within the meaning of Part 4 of that Act.
We are not aware that the EPA has issued any regulatory notice in respect of this site under the Contaminated Land Management Act 1997, or has taken any interest or action under the Protection of the Environment Operations Act 1997.
We are satisfied that the above information is sufficient for Council to address Clause 7(1) of State Environmental Planning Policy 55 without the need to proceed to the preparation of a Stage 1 Preliminary Site Investigation report.
Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005
The Plan covers the area of Sydney Harbour, including Parramatta River and its tributaries and the Lane Cove River. The plan aims to establish a balance between promoting a prosperous working harbour, maintaining a healthy and sustainable waterway environment and promoting recreational access to the foreshore and waterways. It establishes planning principles and controls for the catchment as a whole.
Part 2 of the Plan provides a set of clear planning principles for land within the Sydney Harbour Catchment. These principles are to be considered and, where possible, achieved:
(a) in the preparation of environmental planning instruments and development control plans under Part 3 of the Act, and (b) in the preparation of environmental studies and master plans for the purposes of the Act.
Accordingly Part 2 of the Plan is not relevant to this matter.
Part 3 of the plan applies to the Foreshores and Waterways area. It sets out various development controls, matters for consideration, special provisions and matters relating to the Foreshores and Waterways Planning and Development Advisory Committee.
Cunninghams Reach is located within a defined foreshore area, but is not within any zone established under the REP. However the REP applies a 'W2 Environment Protection' zone to that part of the Lane Cove River adjacent to Cunninghams Reach. Consequently Part 3 of the Plan is
SHERIOANPLANNING GROUP 20 Cunninghams Reach, Linley Point June 2008 therefore applicable as the proposal includes the construction of a deck, ramp and pontoon in the W2 zone.
The pontoon and associated elements is defined by the REP as a recreational or club facility being: a building or place used exclusively for sporting or leisure activities, whether operated for the purpose of gain or not.
A recreation or club facility is permissible with consent within the W2 Environmental Protection zone in accordance with clause 18 of the REP. The proposed pontoon is clearly a club facility as the University Boat Club Club could not reasonably operate without it.
Clause 18 of the REP prescribes objectives for the 'W2 Environment Protection' zone as being to:
(a) protect the natural and cultural values of waters in this zone, (b) prevent damage or the possibility of longer term detrimental impacts to the natural and cultural values of waters in this zone and adjoining foreshores, (c) give preference to enhancing and rehabilitating the natural and cultural values of waters in this zone and adjoining foreshores, (d) provide for the long•term management of the natural and cultural values of waters in this zone and adjoining foreshores.
The assessment within this report has not identified any circumstances to indicate that construction of the pontoon and associated structures would be inconsistent with those objectives.
Clauses 20 • 27 of the REP set out matters for consideration with regard to development within the foreshores and waterways area. These issues are addressed in the table below:
Issue Response Biodiversity, ecology and Appropriate management measures are available to ensure that stormwater environment protection from the development entering the river will not reduce water quality. The site and adjacent waterway do not support any threatened terrestrial and aquatic ecological species or communities. Retention of the existing seawall ensures that the existing interface between the river and foreshore remains unaltered. Public access to, and use The proposal includes upgrading and extension of existing pedestrian of, foreshores and pathway adjacent to the foreshore. Positioning of the pontoon and waterways associated structures at the northern extremity of the site, where pedestrian access along the riverbank terminates due to topographic constraints, ensures that public access along the riverbank is not reduced.. Maintenance of a working Not applicable given the setting and context of the site. harbour Interrelationship of The proposal will not prevent equitable access to, and use of, the river. The waterway and foreshore pontoon is located to minimise encroachment into the navigable areas of uses the river. Foreshore and waterways The scale, form, design and siting of the buikJingand pontoon has been scenic quality formulated to minimise visual intrusion in order to maintain the scenic qualities of the immediate locality. Notwithstanding the bushland character of Cunninghams Reach, the context and setting of the site within a highly urbanised area must be recognised., as characterised by numerous
SHERIDANPLANNING GROUP 21 Cunninghams Reach, Linley Point June 2008
dominate built form elements such as Burns Bay Road, Fig Tree Bridge and various dwellings which are clearly visible from the river, within both the Lane Cove and Hunters Hill local government areas.
Maintenance, protection Although the building will be visible from the river, it will not diminish the and enhancement of views quality or value of that view given its form presentation and location. Views of the river over Cunninghams Reach are limited from Burns Bay Road due to prevailing topography and vegetation. The building will not be visible from residential development in Linley Point, east of Burns Bay Road, again due to topography and vegetatLon. Boat storage facilities Not applicable.
Clauses 28 • 31 of the REP deal with consultation with the Foreshores and Waterways Planning and Development Advisory Committee. It is anticipated that Council would refer this matter to that Committee for consideration.
Cunninghams Reach is not listed as a specific foreshore site and consequently Part 4 of this Plan is not relevant to this application.
Part 5 of the plan deals with heritage items identified in Schedule 4 of the Plan. The site is not a listed heritage under that Plan, nor is it in the vicinity of any item listed in that schedule. The remains of a bath in Boronia Park, on the western side of the river opposite the site, (within the Hunters Hill local government area) is a listed heritage item. This proposal will not have any adverse impact on that item.
Clause 57 of the Plan addresses matters of Aboriginal heritage significance. It states that before granting consent for development that is likely to have an impact on a place of Aboriginal heritage significance, or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, Council must consider an Aboriginal heritage impact assessment. Cunninghams Reach is listed in Schedule 5 of Lane Cove LEP 1987 as being a potential archaeological site, and therefore this clause is a relevant consideration.
A search of the Department of Environment and Climate Change's Aboriginal Heritage Information Management System (AHIMS) confirms that there are no aboriginal objects or places recorded in or near the subject site. A copy of the AHIMS search results is provided at Appendix D to this report.
PreDA advice from Council indicated that if an AHIMS search returned such a result then no further investigation of this issue would be required. On this basis it is submitted that clause 57 of the REP is satisfied.
Clauses 61 • 63 of the Plan address the issue of wetland protection. Sheet 5 of the Wetlands Area Protection Map (extract provided at Figure 4 opposite) confirms that there are no wetlands in the location of the works the d subject of this application. Figure 4 • SREP (Sydney Harbour) 2005 Wetlands Map
SHERIDANPLANNING GROUP 22 Cunninghams Reach, Linley Point June 2008
The map does show that wetlands exist along the western shore of the river, opposite the site, and further south near Fig Tree Bridge. Those wetlands are some distance from this proposal and accordingly will not be affected.
Having regard to the above it is submitted that this proposal is not inconsistent with the terms of Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005.
The REP is also supported by a development control plan, which provides detailed design guidelines for development and criteria for natural resource protection for the area identified as Foreshores and Waterways area. Relevant provisions of the DCP are addressed below.
Section 2 of the Plan addresses the ecological assessment of proposed development. Various performance criteria are provided to conserve biological diversity within and around Sydney Harbour to ensure that:
ecological communities, particularly those which form wildlife habitats, are protected and where feasible enhanced;
II development is sited to retain native vegetation, wetlands and natural foreshores; development is accompanied by revegetation and rehabilitation of degraded foreshores, where appropriate; and development does not impact adversely on water quality.
The ecological communities and their conservation status, as established by the DCP, relevant to Cunninghams Reach and the adjacent section of the river, is shown in the table below:
Community type Conservation status Terrestrial communities Grassland Low
Aquatic communities Mixed rock intertidal and mudflats High
The manner in which this proposal responds to the performance criteria for each of these two communities, relative to their conservation status, is considered in the table below:
Terrestrial Communities • Low Conservation Status Criteria Compliance Vegetation Protection To conserve and enhance Vegetation on the site is not classified as 'bushland' having regard to vegetation. both SEPP 19 and Council's Bushland DCP 1 which suggests it is not remnant native vegetation of high conservation value. Re•vegetation of the site is proposed to offset any loss of vegetation associated with construction of the development. Reduce Predation Pressure To minimise the risk of Not applicable given the nature of the proposal. predation on native fauna species by domestic pets.
Soil Conservation and Pollution Control To minimise impacts Appropriate sediment and pollution controls, both during construction associated with soil erosion, and once the development is complete and occupied, are able to be water siltation and pollution. ensured via conditions in any consent notice.
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Acquatic Communities • High Conservation Status Performance criteria Compliance Controlling Shading To minimise impacts from The DCP maps do not identify that any seagrass beds, mangroves or shading on communities of the like are located adjacent to Cunninghams Reach. high conservation value.
Avoiding Harmful Effects of Reclamation To minimise the effects from No reclamation works are proposed. reclamation.
Urban Run•off To minimise the effects from Appropriate sediment and pollution controls, both during construction urban run•off. and once the development is complete and occupied, are able to be ensured via conditions in any consent notice.
Dredging To minJmJse the effects of No dredging is proposed. dredging.
Physical Damage To minimise physical Works proposed within the river, and along the riverbank, are limited damage to communities of and can be undertaken without any adverse impacts provided appropriate construction management measures are in place. This can high conservation value. be ensured via conditions in any consent notice.
Tidal Flows/Currents To minimise changes to The proposed pontoon has been intentionally located to ensure that natural tidal flow/currents. there would be minimal interference to natural tidal movements.
Part 3 of the Plan addresses the issue of Landscape Assessment. To assist in considering landscape characteristics, the DCP classified sections of the Harbour into a number of different landscape character types. Performance criteria have been devised for each area.
The subject site falls within Landscape Character Type 13, which applies to the upper end of the Lane Cove River from Fig Tree Bridge and including Tambourine and Burns Bays. The manner in which this proposal responds to the performance criteria for Landscape Character type 13 is considered in the table below:
Sited and designed to protect the current The setback of the building from the river is natural foreshore and views of the ridgeline intentionally maximised to ensure that views of the foreshore and altered as little as possible. Views of the ridgeline will remain unaltered as the local topography to the east, beyond the building, is significantly higher than the subject site. Retains the character of the enclosed water Prominent bends in the river, both to the immediate body or bay by maintaining the visual north and south of the subject site, are the key water dominance of the natural features and based points of entry to the section the waterway preserving key points and entry into these adjacent to Cunninghams Reach. The design, position areas in their natural state and presentation of the building and jetty will ensure that current views along of, and along, the river will remain essentially unaltered. The key land based point of entry to Cunninghams Reach is via the loop road
SHERIDANPLANNING GROUP 24 Cunninghams Reach, Lintey Point June 2008
under Fig Tree Bridge. Views are also from Burns Bay Road on Fig Tree Bridge. Local topography, and the distance separating the development from those points, will ensure that current visual character is not altered. Littoral vegetation is preserved and enhanced No vegetation along the shoreline will be removed. and consideration is given to its importance in The DCP does not identify the existence of either maintaining a sense of enclosure within the seagrasses or mangroves adjacent to the waterway Althoughdevelopment the site..site does support various types of The dense native vegetation from the shoreline to the ridgeline, along drainage lines vegetation, the 'Ecological Communities and and within visually prominent areas, is Landscape' map in the DCP classifies Cunninghams protected Reach as comprising grassland, of low conservation value. Re•vegetation of the site to replace any vegetation lost as a consequence of this proposal can be ensured via conditions in any consent notice. Views of the natural features from the As above. waterway should, as far as possible, remain undisturbed and encroachment into natural areas should be avoided Colours should match native vegetation as A sample board of proposed materials and finishes is closely as possible with trim colours drawn provided and is considered to fulfill this requirement. from natural elements such as tree trunks and stone
Part 4 of the DCP provides guidelines for developments that are water•based or located at the land/water interface. The considerations included in part 4 of the Plan, and the manner in which this proposal responds, is shown in the table below:
Foreshore access Access will be maintained and improved by upgrading and extension of existing pathways. Siting of buildings The building and jetty are located to address the waterway. Positioning and structures the building and jetty to respond to local topography and the shoreline respectively will avoid obstruction of views and vistas from public places to the waterway. Similarly the position of the building will not obstruct views of any landmarks or other features of consequence. Built form The building is highly articulated, both vertically and horizontally, to control bulk and scale and provide visual interest. The use of suitable external colours and finishes will further ensure an appropriate visuallbuilt form outcome. Signage Only building identification signage is proposed as shown on the architectural plans. Marinas Not applicable Landing facilities The pontoon is designed and located to minimise intrusion into the river, both visually and with regard to navigation past the site. Mooring Piles and pens Not applicable Dredging Not applicable Slipways Not applicable Skids Not applicable Boat lifts Not applicable Swimming enclosures Not applicable Swimming pools Not applicable Boat sheds Not applicable Sea walls Not applicable Reclamation Not applicable
SHERIDANPLANNING GROUP 25 Cunninghams Reach, Linley Point June 2008
Lane Cove Local Environmental Plan 1987 (LEP 1987)
Zoning and permissibility
Pursuant to LEP 1987 the site is zoned 6 (a)Open Space (Recreation). Within that zone the following uses are permissible with Council's consent: Drainage; earthworks; recreation areas; roads; utility installations (other than gas holders or generating works); works for the purposes of gardening, landscaping and bushfire hazard reduction.
All other uses, than those listed above, are prohibited.
The proposal, being an area used for sporting activities or sporting facilities, is considered to satisfy the definition of recreation area and is therefore permissible, with Council's consent.
Objectives of the zone
The objectives of the 6 (a) Open Space (Recreation) zone is to:
provide passive and active recreation facilities to meet the community's reasonable identified needs
As noted at section 3.1 above, the University of Sydney Boat Club has been a part of the Lane Cove community for over four decades, operating from Linley Point since about 1965. The pontoon proposed under this application would remain available for use by the general public, therefore providing both an active and passive recreational facility. Consequently no circumstances have been identified to indicate this proposal is inconsistent with the stated zone objective.
The following clauses of LEP 1987 particularly relevant to the determination of this considered in
the table below: Clause Compliance Clause 15 • Recreation areas
Consent not to be granted to development on land within Zone No 6 (a) being land owned or controlled by the council, unless an assessment has been made of:
(a) the need for the proposed development on that This proposat replaces an existing facility, but in a land, more appropriate location. The existing and future (b) the impact of the proposed development on the public enjoyment of Cunninghams Reach for existing or likely future use of the land, and public recreational activities will not be lost or ! (c) the need to retain the land for its existing or eroded, either now or in to the future. likely future use.
Clause 18D • Development of known or potential archaeological sites
Council may only grant consent to the carrying out of development on an archaeological site that has Aboriginal heritage significance (such as a site that
SHERIDANPLANNING GROUP 26 Cunninghams Reach, Linley Point June 2008
is the location of an Aboriginal place or a relic, within the meaning of the National Parks and Wildlife Act 1974) or a potential archaeological site that is reasonably likely to have Aboriginal heritage significance only if:
(a) it has considered an assessment of how the Refer to commentary provided above in relation to proposed development would affect the investigation of this issue under Sydney Regional conservation of the site and any relic known or Environmental Plan (Sydney Harbour) 2005, and reasonably likely to be located at the site Appendix D. prepared in accordance with any guidelines for the time being notified to it by the Director• General of National Parks and Wildlife, and (b) it has notified the Director•General of its intention to do so and taken into consideration any comments received from the Director• General within 28 days after the notice was sent, and (c) it is satisfied that any necessary consent or permission under the National Parks and Wildlife Act 1974 has been granted.
Clause 18G • Conservation of landscape riverscape qualities
When considering any application for consent to the This clause is relevant as the proposed works wilt erection of a structure or the carrying out of a work be visible from the Lane Cove River, which is listed which wLtt be visible from the site of an item described in ScheduLe 6. The issues of heritage and visual in Schedule 6, being a site shown on the heritage map impact have been addressed throughout this (Items of Landscape Significance), Council must take report, and no adverse impacts have been into account the impact which that development will identified. have on the heritage significance of the Lane Cove River or that landscape feature.
4.2 S79C(1)(a)(ii) PROVISIONS OF ANY DRAFT ENVIRONMENTAL PLANNING INSTRUMENT
Draft Lane Cove Local Environmental Plan 2007
Public exhibition of this draft instrument concluded on 17 March 2008. Under this draft Plan, as exhibited, the site would be zoned RE1 Public Recreation. The objectives for that zone are:
To enable land to be used for public open space or recreational purposes. To provide a range of recreational settings and activities and compatible land uses. To protect and enhance the natural environment for recreational purposes.
The permissible uses for the RE 1 nominated in the exhibited version of the DLEP are:
Building identification signs; Business identification signs; Community facilities; Demolition; Drainage; Earthworks; Environmental facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Restaurants; Roads; Utility installations
As a consequence of the public notification of DLEP 2007, Council is due to consider a report in June 2008 which recommends various amendments to the content of the DLEP, which is now identified as DLEP 2008.
SHERIDANPLANNING GROUP 27 Cunninghams Reach, Linley Point June 2008
While DLEP 2008 does not alter the objectives of the RE 1 zone, the list of permissible land uses does expand, to the extent that a 'marina' would be a permissible use. Under DLEP 2008, a
marina is defined as
a permanent boat storage facility (whether located wholly on land, wholly on the waterway or partly on land and partly on the waterway) together with any associated facilities, including:
any facility for the construction, repair, maintenance, storage, sale or hire of boats, and (a) any facility for providing fuelling, sewage pump•out or other services for boats, and (b) (c) any facility for launching or landing boats, such as slipways or hoists, and any associated car parking, commercial, tourist or recreational or club facility that is (d) ancillary to a boat storage facility, and (e) any associated single mooring.
It is considered that this proposal satisfies the definition of a marina and would therefore be a
permissible use on the site.
It is acknowledged that at the time of preparing this report DLEP 2008 was yet to be considered and adopted by Council, and publicly exhibited.
4.3 S79C(1)(a)(iii) PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN
Lane Cove Access and Mobility Development Control Plan
The aims of this Plan are to ensure that new development is accessible and useable by all people within the community, including those people with a disability, to facilitate their full and independent participation in community life.
This proposal is consistent with the intent of this DCP as it includes:
A continuous path of travel, at a suitable gradient and free of any obstruction, steps or changes in level, providing a direct connection between the car park and the principle entry into the building. A passenger lift to provide ease of movement between the two levels of the building. Accessible amenities on both floors of the building. Continuous paths of travel throughout both floors of the building, free of any stairs or changes in level.
Lane Cove Stormwater Management Plan DCP
The aims of this Plan are to make sure that public health and safety is maintained and water i quality within the Lane Cove area is improved.
A Site Management, Sediment and Erosion Plan, prepared by Quinn O'Hanlon Architects, outlines measures to be installed to during construction to maintain water quality and prevent siltation of the adjacent river.
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SHERIDANPLANNING GROUP Cunninghams Reach, Linley Point June 2008
Details for the collection and disposal of stormwater associated from the completed building are shown on the accompanying concept stormwater plan prepared by Quinn O' Hanlon Architects Pty Ltd.
Lane Cove Bushland Development Control Plan No 1
The aims and objectives of this Plan are to protect public and private bushland, natural topographic features, plant species/communities and native fauna habitat which once prevailed in the locality and maintain areas of natural bushland which define the essential character of Lane Cove.
Enquiries at Council have confirmed that this DCP does not. apply to this site.
Lane Cove Waste Management DCP
The aims of this DCP are to respond to the Waste Management and Minimisation Act (1995), Lane Cove Council by regulating building and land development activity, with the aim of recovering, recycling and reusing materials that would otherwise end up as landfill.
A completed Waste Management Form is provided at Appendix E.
4.4 S.79C(1)(a)(iiia) PROVISIONS OF ANY PLANNING AGREEMENT OR DRAFT PLANNING AGREEMENT
We are not aware of any relevant planning agreement or draft planning agreement.
4.5 S. 79C(1)(a)(iv) MATTERS PRESCRIBED BY THE REGULATION
We are not aware of any prescribed matter under the EPA Regulation that has not already been covered within the body of this report.
4,6 S.79C(1)(b) LIKELY IMPACTS OF THE DEVELOPMENT
Heritage
Consideration of the potential impacts upon Aboriginal and European heritage has been considered earlier in this report in relation to the provisions of Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 and Lane Cove Local Environmental Plan 1987.
Public domain f." The design and location of both the building and the pontoon, in conjunction with the nominated schedule of external materials of construction and proposed landscaping will ensure that the visual qualities of the public domain in this locality will be reasonably maintained. Views
Prevailing topography and existing vegetation will ensure that the proposal will not reduce or L.1 remove any views which may be enjoyed from the nearest residential area, being east of the site
SHERIDANPLANNING GROUP 29 Cunninghams Reach, Linley Point June 2008
beyond Burns Bay Road. This outcome is demonstrated on the architectural drawings (Section G •G) prepared by Quinn O' Hanlon Architects Pty Ltd which shows the relationship of the building, in terms of comparative levels and distance of separation, relative to Burns Bay Road.
Although the roof of the upper section of the building will be visible from Burns Bay Road, views experienced from Burns Bay Road and Fig Tree Bridge will not alter.
Amenity impacts
The setting and context of the site, and the operational characteristics of the building, will not result in any adverse impacts upon the amenity of the nearest residential area, being east of the site beyond Burns Bay Road.
Access, traffic, parking and transport
Accompanying this application is a Traffic and Parking Assessment report prepared by Varga Traffic Planning Pty Ltd which:
describes the site and provides details of the development proposal reviews the road network in the vicinity of the site, and the traffic conditions on that road network estimates the traffic generation potential of the development proposal, and assigns that traffic generation to the road network serving the site assesses the traffic implications of the development proposal in terms of road network capacity review the geometric design features of the proposed basement car parking facilities for compliance with the relevant codes and standards assesses the adequacy and suitability of the quantum of off•street car parking provided on the site.
In relation to the issue of traffic generation the report provides the following analysis and conclusion:
The projected level of usage is expected to generate approximately 15 vehicle arrivals and departures between 5.30am • 8.30am, and approximately 10 vehicle arrivals and departures between 3.30pm • 6.30pm. That projected level of traffic activity is statistically insignificant and will clearly not have any unacceptable traffic implications in terms of road network capacity.
In relation to the issue of parking the report provides the following analysis and conclusion
The proposed development is expected to generate a parking demand of approximately 15 vehicles between 5.30am • 8.30am in the mornings, and approximately 10 vehicles between 3.30pm • 6.30pm in the afternoons. That potential parking demand can be comfortably accommodated within the existing parking facilities located in this section of Cunninghams Reach Park, and it is therefore reasonable to conclude that the proposed development will not have any unacceptable parking implications.
Social and economic impact
No adverse social or economic impacts have been identified.
SHERIDANPLANNING GROUP 30 [ • Cunninghams Reach, Linley Point June 2008 L_
Natural hazards
Council's maps do not identify the site has being bush fire prone. No other natural hazard has been identified.
4.7 S. 790(1)(c) SUITABILITY OF THE SITE TO THE PROPOSED DEVELOPMENT
Having regard to the characteristics of the site and its location, the proposed development, is considered appropriate in that:
the site is zoned to accommodate the proposal. the proposal is consistent with the relevant zone objectives. the size and dimensions of the land are appropriate for the accommodation of the proposed development, it will not result in any adverse impacts to adjoining and nearby properties in terms of privacy, view loss, overshadowing and visual impacts;
Q the site is fully serviced by existing infrastructure; the proposed development will not result in any adverse traffic impacts on the surrounding street system.
Furthermore, as detailed throughout this Statement of Environmental Effects, the proposed application will not result in any unacceptable adverse impacts.
4.8 $79C(1)(d) PUBLIC SUBMISSIONS
Should public submissions be received in response to the notification of the subject development application, we would be happy to consider the issues raised in these submissions and provide an appropriate response at Council's request.
4.9 S.79C(1)(e) PUBLIC INTEREST
! 1 No circumstances have been identified to indicate this proposal would not be in the public interest.
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SHERIDANPLANNING GROUP Cunninghams Reach, Linley Point June 2008
5.0 CONCLUSION
The proposed Sydney University Boat Club is permissible in the zone and is consistent with the planning objectives for the site.
A comprehensive assessment of the proposal against the relevant planning controls has revealed that the proposal does not result in any statutory or DCP non•compliances.
In summary the proposed development is a well conceived response to all relevant planning controls, constraints and opportunities presented by the site. This report demonstrates that the merits of the proposed development are satisfactory and it is therefore recommended that Council grant approval to the application.
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SHERIDANPLANNING GROUP