Administrative Centre

30 Frances St

Randwick 2031

Tel: 02 9399 0999

Fax 02 9319 1510

DX 4121 Maroubra Junction

general.manager@randwick.nsw.gov.au

INCORPORATED

AS A MUNICIPALITY

22 FEBRUARY 1859

PROCLAIMED AS

A CITY JULY 1990

 

3rd October, 2006

 

WORKS COMMITTEE MEETING

 

NOTICE IS HEREBY GIVEN THAT A WORKS COMMITTEE MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 

10TH OCTOBER, 2006 AT 6:00 P.M.

 

Committee Members:     His Worship the Mayor, Cr P. Tracey, Crs Andrews, Belleli (Chairperson), Hughes (Deputy Chairperson), Matson, Notley-Smith, Seng & White.

 

Quorum:                       Five (5) members.

 

NOTE: AT THE EXTRAORDINARY MEETING HELD ON 28TH SEPTEMBER, 2004, THE COUNCIL RESOLVED THAT THE WORKS COMMITTEE BE CONSTITUTED AS A COMMITTEE WITH FULL DELEGATION TO DETERMINE MATTERS ON THE AGENDA.

 

 

1           Apologies/Granting of leave of absences

 

2           Confirmation of the Minutes

 

CONFIRMATION OF THE MINUTES OF THE WORKS COMMITTEE MEETING HELD ON TUESDAY, 12TH SEPTEMBER, 2006.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addressing to Committee by Members of the Public

 

5           Urgent Business

 

6           Works

 

6.1                      

DIRECTOR, CITY SERVICES' REPORT 73/2006 - COASTAL WALKWAY UPGRADE AT ALEXANDRIA PARADE, SOUTH COOGEE.

2

 

6.2                      

DIRECTOR, CITY SERVICES' REPORT 74/2006 - TRANSPORT RELATED PROJECTS.

7

 

 

7           Confidential Items (Closed Session)

 

8           Notices of Rescission Motions

…………………………..

GENERAL MANAGER


 

Director, City Services' Report 73/2006

 

 

SUBJECT:

COASTAL WALKWAY UPGRADE AT ALEXANDRIA PARADE, SOUTH COOGEE.

 

 

DATE:

28 September, 2006

FILE NO:

F2005/00172 xr F2006/00139

 

 

 

REPORT BY:            DIRECTOR, CITY SERVICES        

 

INTRODUCTION:

 

A Petition (refer Attachment 1) was tabled at the Ordinary Council meeting on 26 September 2006. This petition was received from a number of residents in South Coogee in regards to the balustrade that has been installed along of the upgraded section of coastal walkway in Alexandria Parade.

 

This report responds to the concerns raised in the petition.

 

BACKGROUND:

 

Randwick City Council’s 2005/06 and 2006/07 capital works budget included funds for an upgrade of three sections of the walkway, Alexandria Pde, Pearce St and Marine Parade. The project involves landscaping of these sections to ensure that a clear upgraded route for the walk is provided.

 

In July 2005, URS Pty Ltd, were engaged to undertake the design of the upgrade. Council officers and the consultants have extensive experience in engineering and landscape design for the public areas including the design of a number of walkways.

 

The concept design was progressed in the latter half of 2005 with an on site Community Consultation on 24 November 2005. This meeting was attended by a number of residents, Council officers, Consultants and Councillors. The concept drawings (refer attachment 2) for the walkway were presented at the community consultation meeting and exhibited at the Council Administration Centre. These drawings clearly showed the design of the balustrade at 1200mm high to be constructed along the sections of the coastal walkway.

 

The principle in the design of the Alexandria Parade section of the coastal walkway was to improve pedestrian safety by encouraging walkers onto a pathway as opposed to walking on the roadway. In this section this resulted in the walkway being moved closer to the cliff edge than had previously been the case.

 

ISSUES:

 

Response to Petition

In response to the concerns raised by the Petition, Council sort legal advice (Refer attachment 3) to clarify matters raised in the petition.

 

The following responds to each point raised in the petition, relevant extracts from the legal advice is also included:

 

Issue 1-           “the visual impact of the 1200mm high metal fence severely affects the enjoyment of the Coastal Walk.”

 

The Coastal Walkway is a high profile and important recreational facility for the City of Randwick. A recent State Government study - Assessing Recreation Demands and Opportunities states “walking for pleasure is one of the most popular recreational activities across all age groups in the community. This has led to a growing demand for improved systems of urban recreational trails ………”

 

The corridor for the walkway has been in place for many years however recently Council has spent a substantial amount of funds to ensure that this project is designed to a high quality both aesthetically and in the robustness of the materials used. The design of the balustrade was based on a number of factors including risk, maintenance and appearance. Council officers worked closely with the Consultants to result in the most appropriate design that balanced all the necessary factors to be considered. As with most Infrastructure projects some people believe it is great and some not. The before and after photos of the walkway are attached (refer attachment 4) and also the correspondence in support of the upgrade is attached (refer attachment 5).

 

Item 2 -           “After professional Counsel we were advised that there is no building code in Australia concerning outdoor areas which would require fencing”

 

In the case of design of outdoor areas/open space and in particular highly frequented public areas, designers and the Council need to apply a “duty of care” to the future users of these areas. This often means the determination of possible applicable relevant standards (e.g. the Building Code of Australia (BCA) or Australian Standards (AS)) that can be utilised to ensure our “duty of care”.  

 

The use of these standards is not a legal requirement but a result of the good practice.  In this case the application of this principle resulted in the installed balustrade at a height of 1200mm. The following legal advice confirms this principle:

 

“There can be no doubt a Court would find Council owed a duty of care when, in the construction of the coastal walk upgrade , it encouraged the use of an area by facilitating access adjacent to the cliff top. We would expect a Court to find a duty to be one to take reasonable, practical measures to identify risks associated with the area, and reasonably practical measures to minimise them……………..Council has resolved that the measure to be taken to avoid the risk” (refer attachment 3)

 

Item 3-            “Standard practice in landscaping is to apply the BCA which requires a 900 mm barrier at falls over 1 metre with a simple handrail sufficient to comply

 

As outlined earlier there it is not a legislative requirement to apply the BCA or Australian Standards to the design of public open space. It does however provide a standard for the design that would demonstrate that Council has taken a reasonable level of “duty of care” in the design of public places.

 

In terms of the BCA the relevant section is D2.16, Class 9 buildings (NSW variation) for balustrading provided externally, but in association with a building, requires a height of 1200 mm. In the BCA another Part of the Code that is relevant is Part 3.9.3 - Swimming Pool Access however in NSW swimming pool access is regulated by Swimming Pools Act 1992, the Australian Standard arising from this Act is AS 1926.1,1993 and AS 1926.2 1995. These standards require a minimum height of 1200mm applies. 

 

The reason that these standards were utilised is because they were deemed to be the most relevant under the circumstances. It seemed reasonable that pool fencing features was adopted as on the coastal side sections of the boardwalk there is a near vertical drop down a cliff to the water level.

 

Item 4 -           “Applying standards for pool fencing is a dangerous precedent for other, large sections of the Coastal Walk. At worst this might require Councils to upgrade fencing along whole sections of the coastline at great financial and scenic/environmental cost to the community”

 

It would appear unlikely that the installation of the balustrade sets a dangerous precedent for other sections of the Coastal Walkway. It seems acceptable and appropriate that the decision on what standard of safety to incorporate in the design must relate to the particular situation. The following legal advice confirms this view:

  

“In our opinion the proper provision of a fence in these circumstances does not set any precedent that would require Council to undertake an upgrade of fencing either generally or in or about coastal locations. We again refer to the legal requirement that the response, in each particular circumstance, be "reasonable". This will change in each circumstance. As well, when standards change, as they often do with improved technology, there is no legal requirement that all prior complying constructions be upgraded. Additionally, we do not believe what Council considered reasonable in these circumstances would extend to require the fencing of whole sections of the coastline. The High Court of Australia did not consider that necessary in Romeo v The Conservation Commission of the Northern Territory. We do not consider a Court would find that necessary now. As indicated earlier in this advice what is considered "reasonable" would be determined in the circumstances surrounding each risk. We also note that one of the elements in considering a breach of duty is the financial restriction and that is considered more readily in cases concerning public authorities.” (Refer attachment 3)

 

Item 5 -           “The residents have for years cared for the nature strip beyond the current fence by removing weeds and rubbish thus maintaining the strip for the public. We therefore feel that Council should have been obliged to consult the community in more detail.”

 

An onsite Community Consultation meeting was undertaken and the plans were displayed at Council’s Administration Building. Further to this a number of on-site meetings were undertaken with residents from Alexandria Parade to address particular issues. Council officers were not advised by the residents that the balustrade was an issue until the installation was substantially underway. Council respects the nearby residents concern for their environment but ultimately must balance all factors in the design of public open space. Access by the general public to weed this section of the cliffs is not considered appropriate.

 

Item 6  -          “At this point we would also like to point out the concrete barrier at the corner of Ahearn Ave and Alexandria Pde has become a “playground” for skateboarders and mountain bikers ……….and we kindly ask council to make some simple adjustments to make unusable for these activities.”

 

Council will in the near future be installing stainless steel plates to minimise the ability of skateboarders to use the wall.  

 

Other Issues

In the design phase of the Alexandria Pde section a number of issues were raised by Alexandria Parade residents in regards to the details of the design. Council officers responded to these concerns, meeting residents’ onsite and making significant amendments to the design. These amendments are listed and summarised in the following:

 

Issue: Residents requested that a section of Alexandria Parade needed to be wider.

Council Response – Council widened Alexandria Parade significantly to allow for additional parking and increased ability for homeowners to manoeuvre from garages.

 

Issue: Residents in Alexandria Parade objected to the design of arris rail fence.

Council Response: The original design had three vertical rails and this was amended to two. The height of the arris rail fence decreased from 1200 mm to 900 mm.

 

Issue: Residents complained that the top timber rail (75mm) of the balustrade was too bulky.

Response: Council removed the top timber rail of the balustrade and replaced the 75mm thick rail with a 35mm rail.

 

Design and Construction of the future sections of Coastal Walkway

Construction works on sections of the Coastal Walkway at Pearce Street, South Coogee and Marine Parade, (between Undine and Wilson St) commenced on Monday 25 September and will be completed in January 2007.

The design of the coastal walkway associated with Bunya Parade and Clovelly Beach Carpark is currently underway. If funds become available these sections will also be constructed. The completion of the combined sections of the Coastal Walkway will result in a significant and safe recreational facility for the community of Randwick.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 5c: Excellence in recreation and lifestyle opportunities

 

Direction: New open space is created as opportunities arise

 

Key Actions: Create a continuous coastal walkway from Clovelly to Botany Bay

 

FINANCIAL IMPACT STATEMENT:

 

There is no financial impact of this report.

 

CONCLUSION:

 

It is Council’s responsibility to take an appropriate level of “duty of care” to the design of their outdoor areas/open space. In the case of recent designs for section of the coastal walkway it was decided that a 1200mm high balustrade most appropriately fulfilled this duty. Any amendment to this balustrade would need to reassess all factors associated with the design and location of the balustrade.

 

RECOMMENDATION:

 

That the report be received and noted.

 

ATTACHMENT/S:

 

Attachment 1: Petition

Attachment 2: Concept Drawings

Attachment 3: Advice from Phillips Fox

Attachment 4: Before and After Photos

Attachment 5: Correspondence in Support

ALL UNDER SEPARATE COVER.

 

 

………………………………

………………………………

JORDE FRANGOPLES

KERRY COLQUHOUN

DIRECTOR, CITY SERVICES

COORDINATOR LANDSCAPE DESIGN

 

 

 


 

Director, City Services' Report 74/2006

 

 

SUBJECT:

TRANSPORT RELATED PROJECTS.

 

DATE:

18 September, 2006

FILE NO:

F2005/00767

 

 

REPORT BY:            DIRECTOR, CITY SERVICES      

 

INTRODUCTION:

 

Council has a list of some $1.63M of traffic & transport related projects requiring installation.  This report proposes:

 

(1)        a method of prioritising installation of these transport/traffic projects; and

 

(2)        makes recommendations relating to traffic projects which did not attract the Roads and Traffic Authority’s funding in the 2006/2007 Capital Works Program. 

 

ISSUES:

 

Each year, through the Traffic Committee process, Council endorses a number of traffic and transport related projects requiring implementation.  These projects range in size from small kerb nibs through to major intersection realignments or roundabouts etc.

 

Council’s Integrated Transport Group has examined the endorsed projects and has assessed each project on the basis of:

 

·    Safety

·    Residential Amenity

·    Public Transport Benefits

·    Through Traffic Mitigation

·    Pedestrian Amenity

·    Cyclist Amenity, and

·    Equity.

 

This has resulted in a Transport Project Ranking List (Attachment 1) which will be used as a guide for the prioritising of expenditure on traffic and transport related projects.  This assessment will be reviewed annually, taking into account newly listed projects and any situational changes, and the resultant Transport Project Ranking List will be reported to Council.

 

Provision was made in Council’s 2006/2007 Budget for the following road safety and local amenity related projects:


 


Po.

PROJECT NAME

PROJECT DESCRIPTION

 

 

 

COUNCIL GENERAL REVENUE $

10180

National Black Spot Program

Roundabout Hannan Street / Boyce Road intersection Maroubra

 

 

 

20,000

Kerb Blisters Carrington Road and Bream Street, Coogee

 

 

 

10,000

Kerb Blisters Anzac Parade and Haig Street, Maroubra

 

 

 

5,000

10183

Local Amenity

Randwick Bicycle Plan Works – On Road Queens Park to Maroubra Beach

 

 

 

 

Kerb Nibs Clovelly Road at Arden Street, Clovelly

 

 

 

15,000

Roundabout Sturt Street at Paton Street, Maroubra

 

 

 

35,000

Refuge & Kerb Work, Canberra Street at Oberon Street, Coogee

 

 

 

25,000

Roundabout Arden Street at Dudley Street, Coogee

 

 

 

35,000

Kerb Nibs Botany Street at Arthur Street, Randwick

 

 

 

30,000

Raised Pedestrian Threshold Treatment Carrington Road at Bream Street, Coogee

 

 

 

25,000

Pedestrian Access and Mobility Programme Works

 

 

35,000

 

Of the above submissions, the Randwick Bicycle Plan project was the only project which attracted matching RTA funds.

 

The roundabout at the Hannan Street and Boyce Road intersection has been referred to the NSW Black Spot Consultative Panel for its consideration, and it is anticipated that its decision will be conveyed to Council sometime in January 2007.

 

It is therefore proposed that Council’s budgeted allocations to the projects which did not attract RTA funding, totaling $215,000, be reallocated to the following projects, in accordance with the Transport Project Ranking List:

 

No.

Project Description

Cost

1.

Location:

Avoca Street at Bundock Street intersection, Kingsford

$15,000

Facility:

Median adjustment to provide a pedestrian passage

Origin:

Residents’ request (NB Construction currently underway)

2.

Location:

Canberra Street at Oberon Street intersection, Coogee

$35,000

Facility:

Kerb Nibs and Refuge Islands (Modified)

Origin:

Residents’ request

3.

Location:

Neptune Street, Coogee

$20,000

Facility:

Angle Parking Nibs

Origin:

Coogee Beach Resident Parking Scheme

4.

Location:

Clovelly Road, Fern Street and Mount Street intersection

$45,000

Facility:

Kerb Nibs

Origin:

Traffic Committee recommendation, July 2004

5

Location:

Todman Avenue, Kensington

$20,000

Facility:

Kerb Blister

Origin:

Traffic Committee recommendation to enhance road safety

6.

Location:

St Luke Street and Coogee Bay Road intersection

$25,000

Facility:

Pedestrian Refuge

Origin:

Residents’ request

7.

Location:

Clovelly Road, near Mundarrah Street, Clovelly

$25,000

Facility:

Pedestrian Refuge and kerb extensions

Origin:

Traffic Committee recommendation, December 2005

8.

Location:

Boundary Street, Clovelly

$20,000

Facility:

Pedestrian Refuge

Origin:

Traffic Committee recommendation, November 2005

9.

Location:

Baird Lane, Matraville

$10,000

Facility:

Road narrowing and pram ramps

Origin:

Traffic Committee recommendation, May 2006

 

 

TOTAL

$215,000

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 9:      Integrated and Accessible Transport.

 

Direction 9a. A network of safe and convenient walking paths and cycle ways linking major land uses and recreation opportunities

and

 

Direction 9d:     Residential amenity is protected by appropriate traffic management.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.  Council funding has been allocated for other transport/traffic projects for the 2006/2007 year.

 

CONCLUSION:

 

The process proposed to guide the allocation of priorities for Transport related projects should be endorsed. Allocations totaling $215,000 for projects which did not receive Road & Traffic Authority funding, should be reallocated to the projects listed in this report.

 

RECOMMENDATION:

 

That:

 

a)       The Transport Project Ranking List (Attachment 1) be used a guide for the prioritising of expenditure on traffic and transport related projects, with an annual review, taking into account newly listed projects and any situational changes, being undertaken and reported to Council.

 

b)      Council reallocate the sum of $215,000, included in Council’s 2006/2007 Capital Works Program Budget, for projects which did not receive Roads and Traffic Authority funding in 2006/2007, to the projects as listed within this report.

 

ATTACHMENT/S:

 

Project Transport Ranking List.

 

 

 

………………………………

………………………………………………………………

JORDE FRANGOPLES

TONY LEHMANN

DIRECTOR, CITY SERVICES

manager, integrated transport