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Works Committee Meeting

 

  BUSINESS PAPER

 

 

 

Tuesday 8 November 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 1300 722 542

Fax: 02 9319 1510

 council@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Works Committee                                                                                             8 November 2016

 

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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, First Floor, 90 Avoca Street Randwick on Tuesday, 8 November 2016 at 6:00 p.m.

 

 

Committee Members:          The Mayor D’Souza, Andrews, Belleli, Bowen, Garcia, Matson, Moore (Deputy Chairperson), Nash, Neilson, Roberts, Seng, Shurey, Smith, Stavrinos & Stevenson (Chairperson)

 

Quorum:                           Eight (8) members

 

NOTE:    At the Extraordinary Meeting held on 28 September 2004, the Council resolved that the Works Committee be constituted as a committee with full delegation to determine matters on the agenda.

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Works Committee Meeting - 11 October 2016

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Privacy warning;

In respect to Privacy & Personal Information Protection Act, members of the public are advised that the proceedings of this meeting will be recorded for the purposes of clause 69 of Council’s Code of Meeting Practice.

Urgent Business

Works Report

W25/16     19 Dolphin Street, Randwick - Request to lease public land within the road reserve     1    

Notice of Rescission Motions

Nil  

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Works Committee                                                                                             8 November 2016

 

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Works Report No. W25/16

 

Subject:             19 Dolphin Street, Randwick - Request to lease public land within the road reserve

Folder No:                   F2014/00528

Author:                   Joe Ingegneri, Manager Technical Services      

 

Introduction

 

The Works Committee considered a report on the request for an easement over the road reserve outside 19 Dolphin Street, Randwick.  The Committee resolved as follows:

 

“(Bowen/Garcia) that the matter be deferred to allow Council staff to liaise with the applicant in relation to the recommendation and seeking input in relation to the feasibility of creating additional parallel parking spaces within the landscaped area and that the matter come back to Council for further consideration.”

 

Issues

 

The Works Committee report of March 2016 considered a request for an easement over the road reserve to stand a vehicle within the landscaped land outside 19 Dolphin Street.

 

The report outlined that whilst an easement or lease of the road reserve was permissible under the Roads Act (1993), numerous factors were outlined why these arrangements were not supported.

 

Following the resolution, council officers met with the owner of 19 Dolphin Street to discuss the request in greater detail and to explore further options.  The owner explained the reasons for the request by outlining that:

 

1.  There is high parking demand in the area and insufficient parking spaces.

2.  The landscaped area is overgrown with Asthma Weed and is not actively maintained.

3.  The area is used to illegally dump rubbish including shopping trolleys, car tyres and general household goods.

4.  A hardstand area could provide a location to place domestic waste bins for collection.

 

Site Details

The topography of the land near Dolphin Street between St Luke Street and Judge Street consists of land sloping down to the east and north.  The properties on the southern side of the street are at a higher level than those on the northern side.  The road carriageway is narrow and runs along the southern side of the road reserve.  A landscaped batter and a heritage sandstone retaining wall on the northern side of the road reserve allow a pedestrian path and access to the properties on the northern side of the street. The aerial view shows the layout of roads and property.

 

 

 

 

Aerial Photograph

 

The split level in Dolphin Street commences to the west of St Luke Street.  The property at 19 Dolphin Street is the first property without vehicular access to the front of the property. Photograph 1 shows a view west from the commencement of the split level arrangement. 

 

Photograph 1 – View West

 

The landscaped batter and sandstone retaining wall located between 1R and 19 Dolphin Street is shown in photograph 2.  The retaining wall is owned by Randwick Council and listed as a heritage wall.

 

 

Photograph 2 – View West

 

The Proposal Requested

The owner of 19 Dolphin Street has submitted a concept of proposed works as shown below. The proposal consists of a hardstand area for a single parking space and minor landscape improvements. The owner has offered to pay for the design and construction, and maintain the land if Council were to grant a lease over the land.  The owner advised that a 5 year lease would be required to substantiate the feasibility of the proposal. 

 

 

 

 

 

 

Assessment

An assessment of the proposal has been undertaken by staff responsible for the various aspects of the proposal.  The issues discussed and considered included:

 

·      Precedent and community equity in relation to the lease of public land to an individual.

·      The terms, costs and charges associated with a lease.

·      Parking conditions including existing demand and opportunity to address this demand.

·      The nature and condition of the landscaped area, how this is leading to the illegal dumping of rubbish and options to manage this area better.

·      The placement of domestic waste bins for pickup.

·      The potential impacts of any option on the heritage sandstone retaining wall.

·      Consideration of safety, risks, costs and timing of works for each option.

 

Parking

Consideration has been given to the control of access to the parking space.  The owner has advised that they do not wish to install a gate or other barrier as part of their proposal.  Under this scenario, any member of the community would be able to use the parking space.  Should an access gate be installed in the future, it would require remote access at considerable cost.

 

It was noted that an angle parking space could create loading on the heritage retaining wall that could impact the wall without an approved structural design.  Some type of barrier would also be required to stop vehicles from accidently driving too close to the retaining wall or beyond.

 

The angle parking space would have insufficient sight distance to the west due to vegetation and on street parking.  This creates a situation where the traffic safety is below acceptable standards.

 

It was concluded that an angle parking space is not supported because of safety and the significant costs that would be required to address the other concerns.  Any new parking at this location should be parallel to the carriageway.

 

Landscaping 

It was noted that the vegetation in the landscaped land consists of asthma weed and grass covering that requires regular maintenance. 

 

It has been determined that an opportunity exists to upgrade the landscaping.  The project would include removal of the weed and high maintenance vegetation, slope stabilisation and planting low maintenance native planting.

 

Illegally Dumped Rubbish

The dumping of rubbish at this location is illegal, detracts from the appearance of the area and not the type of community behavior that is acceptable.  It is considered that the problem could be addressed by undertaking upgrade works to the landscaping.  This will improve the visual presentation of the land and potentially deter the behaviour of illegal dumping.

 

Further, if illegal dumping were to continue at this location, then it can be added to the known dumping ‘hot spots’ and relevant strategies employed including special patrols and surveillance.

 

 

 

Option – Council Works

In assessing the request to lease the public road reserve, it was concluded that the issues listed to substantiate the request can be addressed by the undertaking of works by council.  The works would include the following:

 

1.  Creation of 1 or 2 parallel parking spaces in the landscaped area. The number of parking spaces that can be constructed is dependent on the levels and design constraints.

2.  Clearing of the existing vegetation, soil stabilisation and planting of low maintenance natives.

 

The concept for this work is shown below.  The cost of this work is estimated at $45,000.  This has a benefit to all residents in the street.

 

 

 

In the meantime, works have been planned to clear the asthma weed, prune the vegetation and mow the ground cover.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A Liveable City.

Direction 6a:      Our public assets are planned, managed and funded to meet the                            community expectations and defined levels of service.

 

Financial impact statement

 

The cost of the work proposed in this report is estimated at $45,000.  The report recommends that the project be added to the future capital works program.

 

 

Conclusion

 

The owner of 19 Dolphin Street has requested the granting of an easement or a lease over the public road adjacent to their property to create a private parking space.  An initial assessment that was reported to the Works Committee in March 2016 concluded that neither an easement nor a lease was supported.

 

The reasons for the request were assessed and alternative options have been explored.  It is concluded that the issues and concerns about the on-street parking and landscape batter outside 19 Dolphin Street can be addressed by Council undertaking works.  The works would include construction of 1 or 2 parallel parking spaces and landscape upgrade works.  The works are estimated to cost $45,000.

 

Recommendation

 

That the project and allocated budget of $45,000 to construct parallel parking spaces and undertake landscape upgrade works outside 17A and 19 Dolphin Street, Randwick be included in the future Capital Works Program.

 

 

Attachment/s:

 

1.

19 Dolphin Street, Randwick - Car Space Easement

 

 

 

 


19 Dolphin Street, Randwick - Car Space Easement

Attachment 1

 

 

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Works Report No. W10/16

 

Subject:                  19 Dolphin Street, Randwick - Car Space Easement

Folder No:                   F2014/00528

Author:                   Joe Ingegneri, Manager Technical Services      

 

Introduction

 

Randwick Council has received a request from the owners of 19 Dolphin Street, Randwick to obtain an easement over public land for a car parking space in front of the property.

 

Issues

 

Due to the topography of the land along the section of Dolphin Street between St. Luke Street and Judge Street, the properties are much lower than the road carriageway.  The aerial view shows the layout of roads and property.

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                                                 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Aerial View

 

The properties on the northern side of Dolphin Street along this section have pedestrian access via a footpath that is separated from the road carriageway by a sloping landscaped area and a sandstone retaining wall.  Photograph 1 shows a view west from the commencement of the split level arrangement.  The property at 19 Dolphin Street is the first property without vehicular access. Additional photographs of the site are provided in attachment 1.

 

 

 

 

 

 

 

 

 

 

Dolphin St - View South 

 

 

 

 

 

 

 

 


Photograph 1 – View West

The owners have requested that Council consider granting an easement over the landscaped public land for a car space.  The owners have provided several reasons to substantiate the request as summarised below:

 

1.  There is high parking demand in the area and insufficient parking spaces.

2.  The landscaped area is poorly maintained and accumulates rubbish.

3.  The carriageway is narrow and is subject to traffic congestion including traffic safety concerns during drop off and pick up times for Claremont College.

4.  It is difficult to open the door of a parked car safely within the narrow section of Dolphin Street, especially for seating young children in the car.

5.  Any work to the landscaped area could potentially improve the streetscape.

6.  The proposed hardstand area would provide a location to place domestic waste bins for collection.

 

The owners are seeking the granting of an easement under section 146(1)(e) of the Roads Act,1993 to implement a proposal as shown below.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Legal Considerations

The Roads Act, 1993 permits Randwick Council as the owner of Dolphin Street to grant an easement or covenant over the public land. 

 

The area of public land in consideration is separated from the property by the footpath and therefore there is no direct link to the property.  The proposal constitutes creation of a parking space through the granting of an easement that will provide a direct benefit to an individual only.  An easement will ink the exclusive use of the public land to the land title of the property, thus adding considerable value to the property resale value.

 

Easements are a long term arrangement and for this location could potentially impact Council’s ability to widen the road carriageway.  An easement to support the parking proposal is of no benefit to the overall community, does not meet the principle of public land and therefore is not supported. Further, this would create an unacceptable precedent where public land would be under the care and control of private owners for long term periods.

 

Alternatively, a roads authority may consider a short term lease of unused public roads under section 153 of the Roads Act, 1993.   The short term lease can be granted to the owner of the adjoining land if it is considered that the road is not being used by the public. The lease does not permit the erection of any significant structures within the lease areas.  Public notice must be given of the proposed lease and the term of the lease would be limited to a 5 year period.  Under this short term lease arrangement, the Roads Authority can terminate the lease at any time and for any reason.

 

Assessment

There are many areas throughout the Randwick LGA where there is a high parking demand.  Randwick Council aims to create parking spaces to meet this demand for the general benefit of the community.  Parking spaces are not created for the benefit of individuals.  There is a resident parking scheme in the street.

 

The granting easement for a parking space over public land to an individual or the owner of a private property is unprecedented in the Randwick LGA and is therefore not desirable.  It would potentially add thousands of dollars of value to the property.

 

The precedent could lead to inequity amongst the community and a potential loss of open space where similar opportunities would be sought where soft landscaping would be replaced with a form of hardstand surface that can withstand vehicular traffic.

 

For this site, there is a council heritage sandstone wall along the northern side of the landscape area that would be subjected to additional loading and pressure caused by the parked vehicle.  Any proposal will require a structural assessment to ensure that the proposal does not cause damage to the wall or shorten the current life of the structure.

 

The proposal will have sightline problems and considerable vegetation will need to be removed to accommodate it. 

 

In this section of Dolphin Street, there appears to be an opportunity to create 2 or 3 additional parallel parking spaces by widening the road into the landscaped area.  These new parking spaces would be for the benefit of the general public.  This will require a widening of the road pavement at the expense of the greenspace.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A Liveable City.

Direction 6a:      Our public assets are planned, managed and funded to meet the                            community expectations and defined levels of service..

 

 

 

Financial impact statement

 

The report also identifies an opportunity to investigate civil works to create parking spaces.  At this stage, this option has not been costed.

 

Conclusion

 

The owners of 19 Dolphin Street have requested the granting of an easement over the public road adjacent to their property to create a private parking space.  This will add considerable value to their property.

 

The Roads Act, 1993 allows for the granting of an easement or short term lease over a public road subject to the meeting of relevant criteria.

 

The assessment concluded that this would create an undesirable precedent involving the creation of private parking spaces on public land.  This precedent creates inequity amongst the community and will have an impact on existing open spaces.

 

On this basis, the request is not supported and it is recommended that the request be refused.

 

The option to create additional parallel parking be investigated to determine the feasibility of the proposal.  Council would need to consult with the community prior to any works, as it will have impacts on the streetscape.

 

Recommendation

 

That:

 

a)     the request for the granting of an easement or lease over public road adjacent to 19 Dolphin Street, Randwick be refused.

 

b)     the feasibility to create additional parallel parking spaces within the landscaped area be investigated and costed.

 

c)     these works be included in future capital works program once the community has been consulted.

 

 

Attachment/s:

 

1.

Additional site photographs