Notes from Meeting of 08/05/2013

Councillors address

Deputy Lord Mayor Robyn Kemmis and Councillor John Mant informed the meeting that the NSW Government is requiring councils to develop “Community Strategic Plans” for the short, medium and long term – the 1 year Operation Plan, the 4 Year Corporate Plan and the 10 year Resources plan. Plans for LGA will be open comments from Tuesday through to the 24th of June. Council encourages residents to read and respond. [http://www.cityofsydney.nsw.gov.au/vision/on-exhibition/current-exhibitions/details/Draft-integrated-planning-and-reporting-strategic-plans]

Upcoming plans include allotments for upgrading Alexandria Park (improved irrigation and storm water management and upgraded change rooms) and Perry Park (active and passive recreation areas and some contamination remediation).

Coming soon are new Village Plans, a response to input from the community last year and the changing demographics of the City, to be followed by Social Sustainability Plans. The current Village Plans are being revised because of changes in population trend, in particular, people traditionally moved out of our area to the suburbs once they started a family – that is no longer happening. The meeting noted that the concept of Village does not work well for Alexandria; there is no central shopping/activity area.

Mitchell Rd Auction Centre Development Application

The new DA for auction centre is a vast improvement on the original DA. It addresses almost all of our concerns. It keeps the current shell, which will be stripped back to brickwork. It moves the driveway away from the corner, and widens it. It addresses the concerns around overshadowing, internal light and the ratio of small to large units. It is a much more visually attractive proposal that fits better with the heritage of the surrounding buildings.

Our remaining concerns are:

  1. it is still too large – it is still a four story building with an FSR of 2:1.
  2. The driveway is still quite close to the corner – inevitably , given the site layout. It should be fine for left-hand turns, but to permit right-hand turns in or out would be dangerous.

We will be sharing both these concerns with Council. Even if the plan goes through as is, it is still a win for the community, and a reminder that the prescribed 75m notification radius leaves residents at risk of not being informed about developments that will impact upon them.

Pepe Clark on the New Planning Laws

Pepe Clark told the meeting the the New Planning Laws are a serious risk to the environment and to long standing community rights, and that the government needs to hear that this legislation will cause problems for the community and will be deeply unpopular. The 2011 Independent Review has been ‘cherry picked’. There are many mechanisms for developers to appeal against decisions they dislike, and no opportunities for ‘3rd parties’ such as residents or councils. The objective is that 80% of applications will be deemed “compliant” or “code assessed”, including developments of up to 20 town houses, industrial buildings the size of two football fields, anything deemed to be in a ‘town centre’, subdivisions and rezonings.

National Parks and Reserves and Nature Conservation Areas will be combined into a single category. Environmental Management and Environmental Living zones – which currently allow low impact development only – will be abolished, becoming general rural and general residential instead.

Ecologically Sustainable Development will be replaced by Sustainable Development. This means that development will no longer be subject to the ‘precautionary principle’ (if an action or policy has a suspected risk of causing harm to the public or to the environment, in the absence of scientific consensus that the action or policy is harmful, the burden of proof that it is not harmful falls on those taking an act).

There are still local plans, but they must comply with the overall state plan and can be overridden by the Director General, much as the Planing Minister used to be able to bypass the approval process using ‘Part3A’, but without judicial review – decisions, even if unlawful, will not be subject to judicial (legal) review. “This puts Part 3A in the shadows”.

Residents were encouraged to spread the word, to write, email or best of all to phone their local MPs, local Councillors, Minister Hazzard and the Director of Planning.

Councillor Linda Scott also addressed the topic: I’m a Labor Councillor. My party is in the middle of a crisis because of planning. Reforming the system so that less eyes are on planning is incredibly concerning. We need more transparency, not less. My local childcare centre in Erskineville has 560 kids on its waiting list. At peakhour we can’t get on trains. Our schools are bursting. We can’t have more development without infrastructure. We need investment in infrastructure.

Alexandria Summer Fair – thank you

Thank you to all who attended and made the inaugural Alexandria Summer Fair such a success.

Thank you especially to our sponsors and supporters, most especially to the City of Sydney, without your help this would not have happened.

To everyone who asked “Will we do this again next year?”, the answer is that we’re thinking about it. We might.

In the meantime, we’re sorting our photos and we’ll share a few of the best here, or somewhere. You may have spoken to Andrew Collis from the South Sydney Herald, or been photographed by him.  If so, keep an eye out for the next edition of the paper, see if you get a mention.

And we’re in the process of contacting those prize winners who weren’t able to collect their prizes at the show.

And we also have one or two items of lost property. No promises, but if you’ve lost anything, or if you have anything else you want to know or to share with us, please email AlexandriaFair@arag.org.au.

Otherwise, we hope to see you at the next regular ARAG meeting on the 13th of March, at Alexandria Town Hall, at the usual time of 7pm. More details to follow.

Alexandria Summer Fair is going ahead

The weather bureau having pronounced that the weather for tomorrow will be better than today, Alexandria Summer Fair is going ahead.

We might move a few activities to the school, and we might have to make
some adjustments to the schedule, but we’re going ahead.

The planned schedule is:
11:00 Start
11:30 Official Opening and Welcome to Country
12:30 Doggy Parade and Competition
2:30 Junior Photo Competition Winners Announced
3:00 Close

Blanket sellers and kids photos – registration opens at 10:00
Doggy Parade – registration opens at 11:00

Hope to see you there.

Corner of Buckland and Wyndham Sts.

Alexandria Park – Corner of Buckland and Wyndham Sts.

Questions to Mayoral Candidates

Candidates attending the combined resident action group’s Mayoral forum have been asked to share their vision for Sydney, including a response to the following three questions:

Q1. In your opinion, have past development approvals adequately
considered the suburban infrastructure needed to service those
developments? Will the Green Paper’s proposed ‘enterprise zones’ make it
more or less likely that future developments will be adequately
supported by infrastructure?

Q2. Do you believe that Precinct Committees would improve “the flow of
two-way communication between community members and Council staff and
Councillors”? If so, do you think the City of Sydney would be better
served by the North Sydney model (open forums) or the Canada Bay model
(semi-random invitations)?

Q3. Do you support continuing the current policy of denying some
residents access to on-street and on-site parking, based on the age of
their property? Continue reading →

When You Object to a DA

By Nick Fox

I had an onsite meeting with Councillor McInerney regarding the overshadowing issue at number 272 Belmont Street, Alexandria. A few things arose during this meeting that I think ARAG members need to be aware of.  Basically the following covers the DA process, how it now works and how you should proceed it you object to a DA near you.

1. Delegated Authority

Under delegated authority a single planner is allocated responsibility for evaluating all DAs under a set dollar value. The planner alone decides whether or not an alteration/addition complies with the DCP & LEP. The Draft DCP is a supposed to be a consideration for this process, but it seems to have more weight than the old South Sydney DCP, which is in fact the current control document. It will be repealed once the Draft DCP is Gazetted/approved by the State Government.

2. Councillor approval, is a thing of the past… well almost

In previous years a DA would automatically go before a meeting of full council for their consideration. This is no longer the case, but all is not lost and you need to be aware of your rights, because the planners, in Counciller McInerney’s own words, ‘are not required under law to inform you of them,’ so they don’t. If you’re getting a picture of a power hungry planning department, you’re probably on the right track. You need to raise your objection with all Councillors not just the planner or the planning department.

3. When you Object

Make sure you tell the planner that you want the DA looked at by Councillors for consideration as this takes the power for approval out of their hands – confirm this by email and/or letter. It is your right to raise an objection with Council representatives. The planner will probably tell you that ‘it won’t go before council;’ it can, but only if you insist that it does. Make sure to send a confirmation email covering your telephone conversation with any planner or  put it in writing. You need to create a paper trail as ‘he said she said’ arguments don’t hold water in the eyes of the law. I guess you have to balance your loss of amenity against a few hours writing to people.

4. Contact all Councillors

Contact all Councillors about the DA as soon as as your notified of a DA that you object to and include the site address and DA number.

5. Always

Always, always, always keep printed copies of all correspondence with council as they are essential should a council staff member deny having said something to you over the phone. This is the main reason why you should send a confirmation email after any discussion.

6. If the building looks too high

If the building looks too high on the drawings then it probably is. It is a requirement that adjoining properties on either side be shown on the drawings in order to establish the size and scale (bulk) of the development. If you don’t understand the drawings talk to somebody who does. Bulk can be controlled by reducing floor to ceiling heights to 2.4m and overshadowing through the use of skillion roofs. It’s common for designers to use existing ceiling heights throughout a new extension, but this will only disadvantage you. The overall height of a two storey extension can easily be reduced by 1m through height controls, but planners seldom point this out to a developer and the DCP has no provisions to control heights other than that of the existing ridge.

7. Get contacts details

Always get the council/planners contacts details (full name and direct number).

8. Record the time and date

Record the time and date you made the call. You may need this in the event of a dispute over who said what.

9. Windows on a light-well

Windows opposite each other on opposite sides of a light well are a no no.

10. If you don’t understand

If you don’t understand the drawings or what’s proposed get professional advice as the small up front cost may save you thousands rectifying a planners errors.

11. Shadow diagrams

Shadow diagrams are a great source of misleading information and should always be looked at with suspicion. Sunlight and shading is a technical subject and it’s a job that should be done by somebody who knows what they are doing. The old South Sydney DCP called the person responsible for creating shadow diagrams a ‘qualified person,’ but the new DCP says nothing about this at all. It may well be that they meant an architect, but that’s not clear.

12. Once the DA is approved

Once the DA is approved and a construction certificate is issued for a building, it’s basically all over and you cannot get the decision reversed.

13. Construction Certificate drawings

Construction Certificate drawings are more detailed than DA drawings and need to reflect the basic structure of the building. They are not the same as the DA drawings and you should ask the certifying authority if you can have, or view, a copy of them before the construction Certificate is issued. The construction certificate drawings for 270 Belmont Street were identical to the DA drawings, which is simply unacceptable.

14. Lighting analysis

The Draft DCP proposes developers may be required to have a lighting analysis done. This is a job for a professional not a drafting company, which is the service most commonly used by developers. If you’re going to be overshadowed then it’s worth while asking that this be done.

Key points

DA approval is happening at a much faster rate these days and time is very short once you lodge an objection. My advice is, don’t wait to hear back from the planner before contacting Councillors, because the planner may have made their decision by the time you hear back from them – contact them immediately. Planners are often paid a bonus based on their throughput, so there is a financial incentive to approve DA’s quickly.

Professional advice isn’t free, but that small up front fee and the advice you get, may save you a lot of heartache and costs. The only solution for the owners of number 272 Belmont Street is to have high quality Velux windows installed at a cost of over $8,000 and probably closer to $10,000. Given proper advice at the outset this could have been completely avoided, but possibly like you, the owners relied on a planning system that has changed beyond all recognition over the past few years. They thought they understood the process as the owner of the property is an ex South Sydney Alderman. Sadly the game has changed and planners evaluate whats on the paper in front of them very quickly; they are not really concerned with doing the right thing by you and all to frequently won’t. If you have enough spare cash you may want to take the matter to the Land & Environment Court, but you must do so within 6 months of the DA being approved – after that period of recently legislated time, you’re too late.

ARAG Review of ATP Parking Study

In 2010, the Australian Technology Park commissioned a parking study of
Alexandria to the south of the Park. Although comprehensive  in nature, the study missed the fundamental cause of the problem – the impact of ATP-generated commuter parking in our streets.

The City of Sydney Council seemed prepared to adopt the findings and recommendations of the ATP study unchallenged until ARAG raised its voice.

This document is ARAG’s detailed analysis of the ATP-sponsored parking study and is our response to the errors and omissions in the original study.