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Works Committee Meeting

 

  BUSINESS PAPER

 

 

 

Tuesday 13 June 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

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                                                                                                               13 June 2017

 

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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, 13 June 2017 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 - 9 May 2017

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 Reports

W10/17    Tree Removal - 3 Koorinda Avenue, Kensington......................................... 1

W11/17    Upcoming project - Heffron Park Tennis Centre.......................................... 9

W12/17    Emergency Drainage Repair Works between 1 Heath Street and 18 Dolphin Street, Randwick..................................................................................... 19

W13/17    Birds Gully and Bunnerong Road Floodplain Committee........................... 25

W14/17    Submarine Telecommunications Cable Works from Coogee Beach to Perth and Singapore......................................................................................... 33

W15/17    Tram Lane, Randwick - Acquisition by Council of the privately owned section of the laneway........................................................................................ 37    

 

 

Notice of Rescission Motions

Nil  

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Works Committee                                                                                                               13 June 2017

 

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Works Report No. W10/17

 

Subject:              Tree Removal - 3 Koorinda Avenue, Kensington

Folder No:                F2017/07359

Author:                     Bryan Bourke, Tree Management Officer      

 

Introduction

 

On 3 April 2017 the owners of 3 Koorinda Avenue, Kensington, wrote to Council advising that a large Council owned Eucalyptus racemosa (Scribbly gum) street tree growing on the nature strip outside their property had dropped a large branch onto the roadway.   The fallen branch has been removed by the State Emergency Services (SES). This branch was several metres long and was approximately 210mm in diameter.  It dropped without warning on a still evening with no wind.  

 

Issues

 

The subject tree is a large and significant Scribbly gum that is approximately 40-50 years old which provides important habitat and food source and visual amenity in the streetscape. Up until February 2015, Council had no record of any incidents involving this tree and it was only ever periodically cleared of minor deadwood from within the canopy. However, on 23 February 2015, the owners of 3 Koorinda Avenue, Kensington, advising that a large branch had failed and brought down the domestic service wires into their property. The service wires had to be reconnected by Energy Australia and Council contractors removed the failed branch from the roadway as a matter of urgency.

 

The tree was removed of all deadwood and the wound where the branch had failed was cut back to a branch collar to prevent the introduction of fungal disease into the tree. At that time, a visual inspection of the tree was undertaken by Council’s Coordinator Tree Management Services and it was found to be in very good health with no visible signs of internal decay, fungal disease or insect predation.

 

The branch that failed was several metres in length and at its widest point had a diameter of approximately 180 millimetres. There was obviously enough weight in that limb to rip the service wires from their mounting bracket and fortunately this was the only damage that occurred. No other incidents were reported in relation to this tree until 31 March 2017 when a very large branch fell from the tree without any warning.

 

The fallen branch damaged the property owner’s car and blocked off a large section of the roadway.  The branch had to be removed by the SES. Photographs provided to Council by the property owner show the size of the branch and indicate that it was structurally sound with no internal decay or signs of rot or insect attack. The property owners’ concerns were further exacerbated by the fact that ten minutes prior to the limb collapse, their young daughter was standing directly underneath the tree. 

 

The size of the fallen branch posed a potential risk of injury and damage to persons and/or property.  It collapsed without warning on a windless day.  Therefore, Council’s Coordinator Tree Management Services commissioned an independent arborist to inspect the tree and provide Council with a report on its health, structural integrity and long-term viability. This was also undertaken because of the tree’s importance in the streetscape as well as the fact that it is an important provider of habitat and food source for a variety of birdlife and other fauna.

 

The tree was assessed by the arborist on 21 April 2017.  The following observations were made:

 

·     Canopy cover was very good for a tree of this age and growing within the urban environment. Live canopy cover is around 95% of expected canopy for a tree of this age.

·     A very minor amount of small deadwood was sighted within the tree at the time of the inspection.

·     No sign of any fungal hyphae in the branch fracture site in the upper canopy.

·     Very good closure of past pruning wounds. This indicates good vigour and health. Pruning works have periodically been undertaken for clearances over LV powerlines to the residences.

·     Minor brick pavement displacement due to root pressure under the footpath but no apparent damage to the residence’s brick front wall that was visible.

 

In summary, it was concluded that this mature Eucalyptus racemosa (Scribbly Gum) is a visually significant street tree which has adapted to and sustained very good, healthy growth in the specific site conditions.

 

It was concluded that it was not possible to determine the exact reason why this tree had a recent 2nd order branch failure. No fungal activity was sighted within the wound site, which suggests it was not fungal decay that was the reason why the branch failed. After reviewing the tree from ground level it was concluded that the branch failure was an isolated incident.

 

As a result of his assessment, the Arborist recommended that the tree be retained and that the following minor arboricultural works be undertaken:

 

·     Ongoing monitoring of retained deadwood. If the deadwood increases in size then this deadwood should be removed.

·     Removal of the 3rd order cross and conflicting branch in the lower canopy over the roadway.

·     The roots uplifting of the footpath and the kerb and guttering should be monitored and any infrastructure repair works undertaken as required by Council.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 10:     A Healthy Environment.

Direction 10b:   Environmental risks and impacts are strategically managed.
Key Action:        Develop and implement policies, programs and strategies to manage                      environmental risks and impacts.

 

Financial impact statement

 

It is estimated that the removal of the Scribbly gum outside 3 Koorinda Avenue, Kensington and its replacement with an advanced Tristaniopsis laurina (Watergum) would cost in the vicinity of $3,000. The required funds would come from Council’s annual tree management budget.

 

 

 

 

Conclusion

 

The mature Council owned Scribbly gum growing outside 3 Koorinda Avenue, Kensington is estimated to be approximately forty-fifty years old and Council has been committed to retaining it because up until recently it required very little maintenance and it provides many positive benefits to the community.

 

The tree has been assessed as having important scenic and amenity value and providing habitat and food source for a variety of fauna. Using Australian Standard ASDR99307, the tree has been assessed as having an amenity value of $16,200. It has also been calculated that the tree has a medium hazard rating when considering such things as its failure potential, size of fallen branches and frequency of target zone use.

 

This is a rare example of a mature tree of this species in good health and growing in a relatively suitable location with few obstructions and causing negligible damage to private property or public infrastructure. However, within the past two years it has dropped two large branches without warning which have brought down domestic service wires and damaged a parked motor vehicle. Fortunately, on neither occasion was anyone injured but this could easily have not been the case. Although the tree is healthy, there can be no guarantee that further branch failures will not occur.  On the two occasions when they did, there was no wind and they dropped without warning.

Therefore, in view of the branch failures that have occurred within a very short timeframe and the fact that no guarantee can be given that further failures will not occur, the only option to mitigate the risk of the community would be to remove the subject tree and to replace it with a more appropriate tree species – as nominated in Council’s Street Tree Masterplan.

 

The removal of this tree will certainly have an impact on the Koorinda Avenue streetscape. However, there are a number of mature and healthy street trees growing along both sides of the street.  Therefore, its removal would not have a devastating effect on the streetscape.

 

Recommendation

 

That the Council owned Eucalyptus racemosa (Scribbly gum) growing outside 3 Koorinda Avenue, Kensington, be removed and replaced with one advanced Tristaniopsis laurina (Watergum) – as nominated in Council’s Street Tree Masterplan.

 

Attachment/s:

 

1.

Series of photographs of the subject tree showing its prominence in the streetscape and the sizable branch that recently snapped and fell onto the adjacent roadway.

 

 

 

 


Series of photographs of the subject tree showing its prominence in the streetscape and the sizable branch that recently snapped and fell onto the adjacent roadway.

Attachment 1

 

 


Works Committee                                                                                                               13 June 2017

 

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Works Report No. W11/17

 

Subject:              Upcoming project - Heffron Park Tennis Centre

Folder No:                PROJ/10283/2016/6

Author:                     Sarah  Harmston, Buildings for our Community Project Manager     

 

Introduction

 

A new Tennis Centre is proposed to replace the existing facility located in the central west area of Heffron Park.   The site is located adjacent to the recently constructed synthetic playing fields, and features ten tennis courts with an associated new clubhouse building. 

 

This report describes the proposal, and its associated community consultation.

 

Issues

 

Project description

The delivery of the Tennis Centre marks another major component in the ongoing upgrade of Heffron Park.  The site within the park is bordered to the north by the new synthetic playing fields, to its west by the recently constructed Bunnerong Road carpark, and to the south by the existing tennis facility.  To the east is un-remediated land that will be remodeled in accordance with the masterplan and the proposed playing field to its south.

 

A new ten-court facility is proposed, including an exhibition court with spectator seating.  The courts will have a mix of acrylic and synthetic surfaces to cater for different playing styles and levels of competition.  A new landscaped forecourt, including significant tree planting, will lead from the Bunnerong Road carpark to the covered clubhouse entry. The clubhouse building includes an office, a proshop/kiosk, a club room, toilets and change rooms and a club store.

 

Located within the building to its north is an additional store area for use by Randwick City Council to support the use of the synthetic fields with net storage and the like.

 

The Tennis Centre is not subject to the Development Application process, being delivered under the State Environmental Planning Policy (Infrastructure) 2007.  Under this planning stream a Review of Environmental Factors was prepared and found that the proposal would not have a significant effect on the environment.

 

Public Exhibition of the proposal

Public exhibition of the design plans for the new Tennis Centre at Heffron Park, including the associated Clubhouse, was conducted over two weeks between 28 March and 11 April 2017.  Consultation activities included:

 

a)     A direct mail out of a DL sized flyer providing a description of the project and timeframe for comments, delivered to 25 directly affected residents on Bunnerong Road;

b)     A notice in the Randwick eNews 29 March 2017 (19,524 recipients) with a link through to the Major Projects webpage;

c)     A description of the project and timeframe for comments was included on Council’s Major Projects webpage, where submissions could be made

d)     Two 800mm high x 1200mm wide sign installed on the site, and a third sign on the western fence of the adjoin all weather synthetic playing field, providing a description of the project;

e)     An advertisement was placed in the Mayor’s Column and the Have your Say section of the Southern Courier (circulation 64,000) of the 28 March 2017 edition, providing the Council website address and timeframe for comments;

f)      A notification email was sent to all 2,500+ registered Your Say website subscribers on  6 April and again on 7 April 2017, providing a short description of the project and links to Council’s Major Projects webpage;

g)     Flyers providing a description of the project were available at the Randwick City Council Customer Service Centre and at Matraville Indoor Sports Centre;

h)     Direct consultation with Tennis NSW; and

i)      An information update meeting was held with the Eastern Suburbs Tennis Association, who are the current leaseholders at the existing tennis centre.

 

Twenty submissions were received during the public exhibition period for the project, with another two received after the exhibition had closed.  Of the submissions received:

 

·         12 expressed general support for the project;

·         7 did not express an opinion for or against the proposal, rather, they asked a question or provided a comment only; and

·         3 were not supportive of the project.

 

Matraville Indoor Sports currently manages both the existing tennis courts as well as the indoor sports centre.  There were 5 proposals seeking information on replacement of the internal facilities which were not relevant to this proposal.

 

The issues raised by the community about the proposal are summarised in the table below.

 

 

 

 

Issue raised

Proposal modified / feature included

 

 

Comments

 

COMMENTS RE DESIGN OR MATERIALS

1. 

Concern regarding loss of existing parkland

Yes

The intention is to replace the existing facilities with the new, not to expand the operations.

2. 

Trees need to be appropriate for shade. Provide trees to the perimeter for sunshade and wind protection.

Yes

Shade trees will be provided in the public forecourt, with additional low maintenance shade structures within the fence perimeter to provide shade without leaf litter associated with trees close to the courts.  An applied sail type wind protection is incorporated into the perimeter fence.

3. 

Courts should be both synthetic grass and acrylic.

Yes

Both court surface types will be provided, with input sought from Tennis NSW for the specification of these materials.

4. 

Courts should have adequate runout space

Yes

Court run-off dimensions are to appropriate standard guidelines.

5. 

Benches should be provided

Yes

Benches are provided in both the public forecourt and within the tennis court area. 

 

REQUEST FOR ADDITIONAL FACILITIES

6. 

Change rooms should be provided.

Yes

Change rooms are included in the clubhouse layout.

7. 

Sun shading on the court should be provided.

Yes

Sun shading is provided between courts, although not on the court itself to limit the amount of structures in the runout zone.

8. 

Storage shed to be provided

Yes

An equipment / storage room is provided in the clubhouse.

9. 

Request for additional bubbler.

Yes

An additional drinking fountain will be incorporated within the tennis court facility.

10.  

Request for 4 additional courts in line with the Heffron Park masterplan.

No

The facility is an appropriate size for the community, and strikes a good balance between providing high quality tennis facilities, and preserving sufficient adjacent area for other sports and open space.

11.  

Request for indoor squash courts /indoor sports field to be included.

No

Replacement of the existing indoor sports building does not form part of this proposal.

12.  

Request for free basketball courts to be included.

No

Replacement of the existing indoor sports building does not form part of this proposal.  One multi-purpose external basketball court has recently been installed in the central north section of the Park.

13.  

Request for table tennis / snooker to be included.

No

Provision of fixed table tennis and snooker facilities do not form part of this proposal.  

14.  

Provision for expansion to include additional courts

No

The number of courts provided will serve the community without compromising the provision of additional alternate sporting facilities in the adjacent site areas.

15.  

Hit up wall for public practice to be included.

No

Provision of a hit up wall within the fenced perimeter is not viable due to site area constraints.

An opportunity to provide this may be sought in an alternative location within Heffron Park.

COMMENTS RE MANAGEMENT

 

16.  

Current courts should remain open until the new courts are operational.

Yes

As the site is located to the north of the existing facility, the intention is to build the courts without closing down the existing facility until they are completed.

17.  

Concern regarding court hire costs.

Yes

An expression of interest will be sought for the management of the facility.  Costs to the community will be considered during this tender process. 

18.  

Query regarding club management

Yes

An expression of interest will be sought for the management of the facility. 

 

COMMENTS RE USE OF COUNCIL FUNDS

19.  

Money would be better spent on traffic issues.  Other projects funded by RCC have been ineffective or wasteful.

No

Council expends funds on a variety of activities to service the community, including capital works projects such as the proposed tennis centre.

20.  

Courts should be all multi-purpose and all-weather.  Providing tennis courts only is a waste of funds.

No

Heffron Park provides a variety of sporting opportunities, including the recently built all weather sports field adjacent to the site.

 

Operation of the Centre

The existing outdoor 12 court Tennis facility at Heffron Park is licensed to Eastern Suburbs Tennis Association Incorporated, as part of the Heffron Park Tennis and Indoor Sports facility.  This arrangement is expected to continue until the new facility is constructed.

 

In accordance with Department of Primary Industry requirements, a tender will be prepared for the operation of the new facility. 

 

This process is likely to take place towards the end of the construction of the new facility.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 3:       An Informed and Engaged Community.

Direction 3c:      A community involved in shaping and enhancing our City

Outcome 4:       Excellence in Urban Design and Development

Direction 4a:     Improved design and sustainability across all development

Outcome 5:       Excellence in recreation and lifestyle opportunities

Direction 5a.      Maximise opportunities for residents and visitors to enjoy both active and passive open space uses

 

Financial impact statement

 

The tennis building has been allocated funding in Council’s draft 2017-18 Buildings Capital Works budget of $2.6 million.

 

The tennis courts and associated external works has a $4.4 million funding allocation in Council’s draft 2017-18 Open Space Capital Works budget.

 

The public exhibition process was funded through the Heffron Park 2016-17 Capital Works project budget.

 

Conclusion

 

The new Heffron Tennis Centre will provide a much needed upgrade to the existing outdated tennis facilities, and will further cement Heffron Park as one of Sydney’s premier regional sporting destinations.  Designed to cater for all levels of play, and supported by Tennis NSW, the new facility will be a great asset for the City of Randwick. 

 

Recommendation

 

That Council proceeds to tender for the Heffron Tennis Clubhouse and Tennis Courts.

 

Attachment/s:

 

1.

Heffron Park Tennis Centre - Tennis Court Site Plan and Sections

 

2.

Heffron Park Tennis Centre - Clubhouse Perspectives

 

3.

Heffron Park Tennis Centre - Tennis NSW Letter of Support

 

 

 

 


Heffron Park Tennis Centre - Tennis Court Site Plan and Sections

Attachment 1

 

 


Heffron Park Tennis Centre - Clubhouse Perspectives

Attachment 2

 

 


Heffron Park Tennis Centre - Tennis NSW Letter of Support

Attachment 3

 

 


Works Committee                                                                                                               13 June 2017

 

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Works Report No. W12/17

 

Subject:              Emergency Drainage Repair Works between 1 Heath Street and 18 Dolphin Street, Randwick

Folder No:                F2015/00405

Author:                     Sebastien  Le Coustumer, Drainage Engineer      

 

Introduction

 

Randwick City Council conducted minor drainage works in 2017, in Heath Street. These works consisted of replacing 2.5m of collapsed 300mm pipe from the existing junction pit located in the driveway located within the cul-de-sac of Heath Street. This work allowed the section of pipe downstream to be inspected. The downstream section of pipes runs through private property at 18 Dolphin Street. The residents at 18 Dolphin Street report that their property is frequently flooded. A CCTV inspection of the downstream part of the pipe revealed numerous failures along the line including sunken sections, tree roots blockage and erosion of the pipe’s floor.

 

Issues

 

The overall condition of the line located in the private property at 18 Dolphin Street has deteriorated to a stage that it is not possible to reline it.

 

The existing pipe runs below the dwelling on 18 Dolphin Street and so it is not possible to replace the pipe in its existing location. Whilst the existing line is not functional, a pipe is required through 18 Dolphin Street to restore connection of the drainage network above the property to the drainage network below the property. A new line can be constructed between the dwelling and the western boundary fence of 18 Dolphin Street. This new line will replace the existing line and runs between two existing Council owned drainage junction pits. It would be necessary to fill the existing pipe in order to avoid the infiltration of soil into the disused pipe and any future subsidence that may result.

 

There is no drainage easement on the private property; however the owners have provided written agreement for the pipe to be installed in the proposed alignment. It is proposed that Council seeks to obtain an easement over the new pipeline on completion of the works.

 

There are six trees that sit close to the proposed pipe alignment. The impacts of the proposed work on the trees are presented in the table below.

 

 

Species

Comment

1

Frangipani

Tree is located at 1D Heath St. Work should not impact on the tree. Excavation should be conducted by hand.

2

Celtus

Weed - can be removed.

3

Frangipani

Tree will be close to the line and junction pit. Impact to be determined. Excavation should be conducted by hand.

4

Crepe Myrtle

Built drainage line must be minimum 2.5m away to protect this tree.

5

Magnolia

Not be affected by work.

6

Palm tree

Not be affected by work.

 

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

 

This report recommends that $80,000 be funded from infrastructure reserves to pay for emergency work that will commence in the 2016-17 financial year.

 

Conclusion

 

The underground drainage pipe that runs through 18 Dolphin Street is an essential network component for the management of stormwater in the area. The recent pipeline collapse has highlighted the need for emergency repairs in private property.  This unfunded work is necessary to ensure that flooding does not impact residential land adjacent to the pipeline in the future.

 

Recommendation

 

That:

 

a)     the report on the collapsed section of pipeline at 18 Dolphin Street be received and noted.

 

b)       an amount of $80,000 is funded from next year’s drainage budget to allow for emergency replacement of the drainage line within private land at 18 Dolphin Street to be commenced during the 2016-17 financial year.

 

Attachment/s:

 

1.

Sketch of the drainage work at 18 Dolphin Street - 1 Heath Street, Randwick

 

2.

Owners agreement

 

 

 

 


Sketch of the drainage work at 18 Dolphin Street - 1 Heath Street, Randwick

Attachment 1

 

 


Owners agreement

Attachment 2

 

 

 


Works Committee                                                                                                               13 June 2017

 

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Works Report No. W13/17

 

Subject:              Birds Gully and Bunnerong Road Floodplain Committee

Folder No:                F2016/00369

Author:                     Sebastien  Le Coustumer, Drainage Engineer      

 

Introduction

 

The prime responsibility for planning and management of flood issues in NSW rests with Local Government. Randwick City Council has committed to carrying out Flood Studies and preparing Floodplain Management Plans. They are carried out in accordance with the Floodplain Development Manual (NSW Government) and will allow Council to manage flooding in storm events.

 

The purpose of this report is to:

 

·      Establish Terms of Reference for the Birds Gully and Bunnerong Road Floodplain Management Committee.

·      Obtain representation from Council’s elected representatives on the Committee.

 

Issues

 

The Floodplain Management Committee needs to be established for the Birds Gully and Bunnerong Road catchment (see catchment map in Attachment 1). This Flood Study is being conducted in partnership with Bayside Council.  It encompasses the parts of the suburbs of Randwick (northern point of the catchment), Kingsford, South Coogee, Daceyville, Pagewood, Maroubra, East Gardens, Hillsdale, Banksmeadow, Matraville and Port Botany (southern point of the catchment).

 

The benefits of implementing the NSW Government’s Floodplain Development Manual in Birds Gully and Bunnerong Road Catchment are as follows:

 

·      Adopted strategic plans outlining the actions to be undertaken to manage existing, future and continuing flood problems. (e.g. works, development controls etc).

·      A basis for the sound management of flooding issues that takes community views and expectations into consideration.

·      A basis from which funding assistance can be sought from various State and Commonwealth agencies to enable implementation of works.

·      Individual developments are currently required to produce their own flood study and determine appropriate flood planning levels until such time as the Floodplain Management Process is completed. The study being undertaken by Council will provide far greater accuracy and consistency than those currently being provided by individual developers.

 

State Government Support

The NSW Government provides assistance on state-wide policy issues and technical support. The Flood Prone Land Policy and the Floodplain Development Manual (NSW Government, 2005) forms the basis of floodplain management in NSW.

 

The primary objective of the policy is to reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone property and to reduce private and public losses resulting from floods utilising ecologically positive methods wherever possible.

 

Financial assistance is also provided through grant funding to undertake flood studies and floodplain management studies and for the implementation of works identified in these studies. Council is undertaking the Birds Gully and Bunnerong Road Flood Study with grant funding awarded under the Office of Environment and Heritage’s Floodplain Management Program.

 

The Floodplain Management Process

The floodplain management process is outlined in the Floodplain Development Manual and is summarised by the following figure.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Floodplain Management Committee

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Data Collection

è

Flood Study

è

Floodplain Management Study

è

Floodplain Management Plan

è

Plan Implementation

 

 

ç

ç

ç

ç

ç

ç

ç

 

 

 

 

 

 

 

 

 

 

 

 

The key steps in the process are the Flood Study, the Floodplain Management Study and the Floodplain Management Plan. Implementation of the process is overseen by the Floodplain Management Committee.

 

Floodplain Management Committee

The objective of the Floodplain Management Committee is to assist Council in the development and implementation of floodplain management studies and plans.

 

The committee is both the focus of, and a forum for, the discussion of technical, social, economic and ecological issues and for the distillation of possibly differing viewpoints on these issues. The committee will oversee the implementation of the floodplain management process outlined above and ensure the community has opportunity to express their views.

 

Committee membership includes elected representatives, community representatives, Council staff and State Government representatives.

 

The community representatives will be selected from nominations by community members.

 

Two (2) elected representatives are required for the committee.

 

Once formed, the committee will provide advice to Council and make recommendations on flooding related policies and objectives for their respective catchments as well as the implementation of the floodplain management process.

 

The proposed terms of reference for the Birds Gully and Bunnerong Road Floodplain Committee are presented in Attachment 2.

 

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 Floodplain management process costs approximately $250,000 - $300,000 per catchment. Grant funding is available from state government on a 2:1 basis.  Therefore, the cost to Randwick Council is approximately $85,000 to $100,000 per catchment. The floodplain management committee is a part of this process.

 

The total cost of the Birds Gully and Bunnerong Road Flood Study is $106,210 and Council has been awarded a grant by OEH on a 2:1 basis. Further grants will be sought for the following stages of the process in the future. 

 

Funding for the Flood Study is available in the current year’s budget.

 

Conclusion

 

The Flood Study for the Birds Gully and Bunnerong Road Catchment commenced in September 2016. In order to ensure the timely completion of the study it is necessary to formalise the Floodplain Management Committee.

 

Recommendation

 

That:

 

a)     The report be received and noted

 

b)     Council adopts the Terms of Reference, as attached, for the Birds Gully and Bunnerong Road Floodplain Management Committee.

 

c)     Nominations for two (2) elected representatives be made to the General Manager for the Birds Gully and Bunnerong Road Floodplain Management Committee.

 

Attachment/s:

 

1.

Birds Gully and Bunnerong Road Catchment Map

 

2.

Floodplain Management Committee Terms of Reference

 

 

 

 


Birds Gully and Bunnerong Road Catchment Map

Attachment 1

 

 


Floodplain Management Committee Terms of Reference

Attachment 2

 

 


Works Committee                                                                                                               13 June 2017

 

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Works Report No. W14/17

 

Subject:              Submarine Telecommunications Cable Works from Coogee Beach to Perth and Singapore

Folder No:                F2010/07352

Author:                     Stephen Audet, Coordinator Engineering Services      

 

Introduction

 

A report was presented to the Works Committee at its meeting of 9 September 2014 about a proposed submarine cable from the West Coast of the United States of America to be brought ashore by Subpartners Pty Ltd at Coogee Beach. 

 

Subpartners Pty Ltd had planned for the works to be undertaken between September and December 2014.  The work were deferred and Subpartners Pty Ltd have now confirmed that the cable is now planned to link to Perth and Singapore and that they intend to undertake the works between July and October 2017.

 

Subpartners Pty Ltd are a licenced Telecommunications Carrier and have obtained approval to install a submarine optic fibre cable from Coogee Beach to Perth and onto Singapore.  The works associated with the installation of the cable will necessitate a temporary compound to be positioned within Dunningham Reserve, near to the corner of Beach Street and Baden Street for a period of approximately four months.

 

Issues

 

Dunningham Reserve is Crown Land and Council is the Reserve Trust Manager.  Subpartners Pty Ltd is a licenced Telecommunications carrier under the Telecommunications Act, Licence Number 342.  The Telecommunications Act contains a specific schedule (3A) that covers the installation and operation of submarine telecommunications cables. The Act is managed by the Australian Media and Communications Authority (ACMA). The ACMA states that submarine cables are essential components of Australia's national communications infrastructure. Submarine cables carry the bulk of Australia's voice and data traffic linking Australia with other countries.

 

One function of Schedule 3A of the Telecommunications Act is to provide submarine cable protection zones to facilitate and protect submarine cables in shallow water. Off Sydney, there are two zones.  The Northern Zone is located near Narrabeen, and the Southern Zone extends from Bondi to South Coogee. Seabed cable routes within these zones must be carefully planned to secure the approval of the ACMA.  Obstacles such as shipwrecks, reef outcrops and sensitive environmental areas are to be avoided. In addition, separation needs to be maintained from other previously installed and operating submarine cables. These constraints mean that the Northern Sydney Protection Zone is now full.

 

In the Southern Sydney Protection Zone (SSPZ) there are already a number of operational cables: Australia-Japan Cable, Southern Cross Cable System, Telstra Endeavour and TASMAN2. These cables are installed between Bondi and Clovelly, effectively locking out the shoreline from landing any other cables. A cable is also planned from Neptune Park as reported to Council’s Works Committee in February 2017.  In addition, the Bronte-Coogee Marine Reserve also produces additional restrictions on the remaining available space within the SSPZ.

The approvals obtained by Subpartners are as follows:

 

1.     Telecommunications Carrier Licence (Licence number 342 -http://www.acma.gov.au/Industry/Telco/Carriers-and-service-providers/Licensing/register-of-licensed-carriers-licensing-i-acma)

2.     Environmental Protection and Biodiversity Conservation Act (http://www.environment.gov.au/cgi-bin/epbc/epbc_ap.pl?name=current_referral_detail&proposal_id=7139)

3.     ACMA Protection Zone installation permit (http://www.acma.gov.au/Industry/Telco/Infrastructure/Submarine-cabling-and-protection-zones/new-installation-permits-granted-to-subpartners-1)

 

Subpartners Pty Ltd advise that these three (3) permits provide the Federal approvals to conduct the works required to install the cable on the seabed and include approvals under the Native Title Act 1993, Commonwealth Historic Shipwrecks Act 1976, Aboriginal and Torres Strait Islander Heritage Protection Act 1984. The seaward cable route also avoids places of World, Commonwealth or National heritage significance along with other environmentally sensitive areas.

 

The Horizontal Directional Drilling works from Dunningham Park to the shoreline are consistent with the requirements of a Low-Impact Facility under Schedule 3 of the Telecommunications Act 1997.  In addition, the chamber lid is less than 2 metres squared at the surface.

Schedule 3 of the Telecommunications Act 1997 provides carriers with powers to enter land to inspect land maintain facilities and install certain types of facilities, and immunity from some state and territory laws, including planning laws, when carrying out those activities.

The Act facilitates the expeditious and efficient rollout of infrastructure by enabling it to be done nationally under a uniform streamlined process, rather than multiple states, territory and local government requirements. This assists carriers meeting consumer demands for services while reducing the administrative burden on these tiers of government and carriers.

The Commonwealth regime primarily covers the installation of low-impact facilities. The regime also applies to temporary facilities for use by a defense organisation and facilities for which the Australian Communications and Media Authority (ACMA) has granted a Facility Installation Permit (FIP). The Act does not provide land entry rights or immunity from state and territory law if a facility does not belong to one of these classes. If this is the case, carriers will need to comply with state and territory laws and planning regulations.

Although only limited types of facilities may be installed under these powers and immunities, the Commonwealth regime provides carriers land access powers for the inspection of land and the maintenance of telecommunications infrastructure generally

Subpartners Pty Ltd confirms that the cable will be installed using a directional drilling process from within Dunningham Reserve, near Baden Street.  Subpartners will occupy a fenced compound within this area of Dunningham Reserve for the purposes of cable drilling and installation. The works include the construction of a jointing chamber within the works compound below the surface of Dunningham Reserve.  This chamber will remain accessible to Subpartners after the completion of the project via a manhole at the surface, which is less than 2 square metres.

 

Subpartners advise that their program commences in late July 2017 with completion scheduled early October 2017.  Work hours will be limited to 7am to 5pm, Monday to Friday with no work on weekends or public holidays. Council will write to businesses operating in the north end of Coogee Beach to provide information about the upcoming works.  The Coogee Precinct Committee will also be notified. Subpartners Pty Ltd has also agreed to communicate directly with surrounding residents and businesses, as well as advertising in the local newspaper. 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in sustainability.

Direction 1c:      Continuous improvement in service delivery based on accountability,                     transparency and good governance.

 

Financial impact statement

 

A damage deposit of $15,000 will be charged to ensure that the reserve is restored to a proper condition.

 

Conclusion

 

Subpartners Pty Ltd has obtained approvals as required under federal legislation to install submarine cables commencing at Coogee Beach.  Randwick City Council is not the approving authority for these works.  Whilst they require the use of a portion of Dunningham Reserve to install the cables, they have agreed to restore the area upon completion.  Subpartners have also agreed to engage appropriately with the local community.

 

At the end of these works the only visible infrastructure will be a manhole lid in Dunningham Reserve.  The cable will generally connect to the distribution network through existing Telstra underground conduits.

 

Recommendation

 

That the report advising Council of the details of the proposed submarine cable to be brought ashore by Subpartners Pty Ltd at Coogee Beach be received and noted.

 

Attachment/s:

 

1.

Map of Drilling Compound

Included under separate cover

 

 

 


Works Committee                                                                                                               13 June 2017

 

RCC LOGO_Stacked_COLOUR_RGB

 

Works Report No. W15/17

 

Subject:              Tram Lane, Randwick - Acquisition by Council of the privately owned section of the laneway

Folder No:                F2004/06325

Author:                     Stephen Audet, Coordinator Engineering Services      

 

Introduction

 

Tram Lane is located in Randwick and runs between Church Street and Alison Road. The western half of Tram Lane is privately owned and in very poor condition.  A number of the body corporates that own portions of the lane combined to request that Council acquire the private portion of Tram Lane so that it can be incorporated in the local road network under Council’s management.

 

Council’s Works Committee resolution W10/15, dated 14 April, 2014 is as follows:

 

a)     contact all owners of the privately owned portions of Tram Lane with the objective of seeking agreement for acquiring the lane under Section 30 of the Land Acquisition (Just Terms Compensation) Act 1991 on a no cost voluntary basis.

 

b)     acquire the lane under Section 30 of the Land Acquisition (Just Terms Compensation) Act 1991 once all agreements are in place at no cost to Council (other than legal fees).

 

c)     makes budget provision to renew the section of Tram Lane that is currently privately owned upon completion of the acquisition process.

 

Issues

 

Draft agreements were prepared and issued to the owners of all seven (7) properties that currently own a portion of Tram Lane in May, 2016.  Five (5) property owners or strata committees have formally agreed to Council’s acquisition of the privately owned portions of the lane.

 

Agreements for two (2) properties have not yet been signed.  The two outstanding agreements relate to 10 Kynaston Avenue, Randwick and 10A Kynaston Avenue, Randwick .

 

The acquisition of 10 Kynaston Avenue relies on agreement by the Attorney appointed by the landowner under a Power of Attorney to manage their affairs.  The Power of Attorney has verbally agreed to Council’s acquisition of the laneway portion of the property, however it has been found that the Power of Attorney must first be registered with the Department of Land and Property Information.  A member of Council’s legal team engaged to assist in this matter has written to the Attorney to confirm registration of the Power of Attorney is required and to recommend that they seek independent legal advice in this regard.

 

The property at 10 Kynaston Avenue is currently being developed into a six (6) unit apartment block.  Since the initial correspondence in May, 2016 Council staff have had numerous discussions with the developer and Council’s solicitors have written to the developer on a number of occasions.  It has been established that the developer expected to be compensated for the acquisition. 

 

Council staff estimated that there would be additional costs associated with compulsorily acquiring the land when compared to the voluntary process already agreed by Council.  This additional cost was estimated at $10,000 and is comprised of survey fees, legal fee, advertising and registration of plans.

 

In addition to the cost, the compulsory process is expected to take more than 6 months to complete.  On this basis, enquiries were made with the developer, subject to the agreement of Council, if they would accept $10,000 compensation for the acquisition of the lane.

 

The developer’s response was to seek compensation per square metre of land to be acquired using the properties purchase price as a basis for the calculation. 

 

Council staff met with the developer in March, 2017 to discuss the acquisition process and to clarify that Council was not able to justify increasing the compensation amount beyond the reasonable costs associated with compulsory acquisition.  A copy of the minutes of this meeting are included in Attachment 1.

 

To evaluate the proposal, the developer requested that the land be valued.

 

Scott Fullarton Valuations Pty Ltd (SFV) were engaged to value the land.  The valuation report prepared by SFV covers the road portions of both 10 and 10A Kynaston Avenue, Randwick as agreements for both of these properties were outstanding.

 

The valuation was undertaken by Scott Fullarton who :

·     Is a member of the Australian Property Institute Inc. (NSW Division);

·     is currently a practising valuer;

·     is an independent valuer;

·     has at least five (5) years’ experience undertaking valuations;

·     has a practical understanding of the planning process necessary to undertake this valuation.

 

The acquisition process is required to be undertaken in compliance with the Land Acquisition (Just Terms Compensation) Act 1991 and accordingly the valuation was undertaken in accordance with the requirements of Section 55 of this act.

 

The “Before and After” method of valuation was adopted.  In this approach, the entire lot in its highest and best use is valued in both the before and after case, the difference representing the diminuation in value the land suffers as a result of acquisition.

 

In other words, the market value of the land in the ‘after case’, assuming the acquisition has been granted and the subdivision work completed, which is subtracted from the market value of the land in the ‘before case’, unaffected by the proposed acquisition.

 

It was determined under this approach that the difference in value using the Before and After method of valuation is Nil ($0). 

 

In reaching this valuation, the Valuation Report considers the shape of the land subject to acquisition (approx. 115m long and 1.22m wide), town planning considerations and the numerous Rights of Way favouring adjacent properties that encumber these parcels.  .

 

A copy of the Valuation Report is included in Attachment 2.  The valuation Report includes drawings depicting the portions of land proposed for acquisition and also photographs showing the condition of the privately owned portions of the lane.

 

The Valuation Report was provided to the developer with a request to notify Council of their decision on the voluntary acquisition proposal.  A response has not been received.

 

Council’s Works Committee previously resolved to acquire the laneway portions of these lots on a voluntary basis and to renew the road to the benefit of the overall community. 

 

It is now considered unlikely that Council will reach an agreement with the developer of 10A Kynaston Avenue under the terms of resolution W10/15.  Accordingly, the future owners of the six (6) apartments under construction at 10A Kynaston Avenue, and the owners of the 65 dwellings in the remaining properties with an interest in Tram Lane will retain the liability for the laneway.

 

Alternatively, Council could consider acquiring the land compulsorily under the provisions of the Land Acquisition (Just Terms Compensation) Act 1991. 

 

When land is compulsorily acquired, the Valuer General must determine the amount of compensation to be paid to the land owner.  The process for compulsory acquisition is such that the valuation of the land by the Valuer General will not take place until the acquisition process is complete. 

 

Under this process, Council is required to provide the Valuer General with a copy of the SFV Valuation Report and that the SFV Valuation Report was prepared in compliance with Section 55 of the Land Acquisition (Just Terms Compensation) Act 1991. 

 

On this basis, it is anticipated that the Valuer General is likely to consider the land subject to acquisition to be of a low or Nil value in line with the Valuation Report that considers the limitations and encumbrances of the land.

 

Figure1 – The portion of 10A Kynaston Avenue that forms part of Tram Lane, Randwick is shown highlighted.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A Liveable City.

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

 

Financial impact statement

 

The cost of acquiring the road portion of 10A Kynaston Road compulsorily under the Land Acquisition (Just Terms Compensation) Act 1991 is estimated at $10,000.  This amount is comprised of survey fees, legal fee, advertising and registration of plans.

 

This cost can be covered by the amount already set aside in the roads capital works program for the renewal of Tram Lane.

 

Conclusion

 

The privately owned section of Tram Lane appears as part of the local road network and is utilised as such by the local community, including the Joseph Varga School.

 

The reliance on this road by the community confirms that it should be incorporated into the local road network. 

 

Council has written agreement from five (5) properties and a verbal agreement from one (1) property. Only one property, 10A Kynaston Avenue, has not agreed to the voluntary acquisition proposal. Council has communicated with the developer of 10A Kynaston Avenue for a twelve (12) month period without success and it is now considered that acquiring the land compulsorily represents the best outcome for the community.

 

Recommendation

 

That :

 

a)        This report be received and noted. 

 

b)        Council compulsorily acquire the road portion of 10A Kynaston Avenue under the Land Acquisition (Just Terms Compensation) Act 1991.

 

Attachment/s:

 

1.

Minutes of meeting between RCC and Vlad Mitnovetski, developer of 10A Kynaston Ave regarding Tram Lane

 

2.

Scott Fullarton Valuers - Valuation Report for Tram Lane portions of 10 and 10A Kynaston Avenue

 

3.

Land Acquisition Information Guide

 

 

 

 


Minutes of meeting between RCC and Vlad Mitnovetski, developer of 10A Kynaston Ave regarding Tram Lane

Attachment 1

 

 


Scott Fullarton Valuers - Valuation Report for Tram Lane portions of 10 and 10A Kynaston Avenue

Attachment 2

 

 


Land Acquisition Information Guide

Attachment 3