Proposed Lease: Chandos Street Noise Wall Construction

UPDATE NOVEMBER 2019

On 28 October 2019 considered a post exhibition report (available in the document library) and resolved:

1. That Council note the eight (8) submissions received as part of the public exhibition process, pursuant to Section 47A of the Local Government Act 1993 for the proposed RMS lease.

2. That Council note the RMS responses to each of the eight (8) submissions received as outlined in Attachment 1.

3. That Council resolve to formalise:

a. a non-exclusive licence with the Roads and Maritime Services to secure a Vehicular Access Route over part of Lots 100 in Deposited Plan 790953, 1 in Deposited Plan 728480 and 1 in Deposited Plan 774511.

b. An exclusive construction lease with the Roads and Maritime Services over part of Lot 1 in Deposited Plan 774511 in relation to the encroaching noise wall footing beneath the surface of the ground.

4. That Council proceed to enter into a 99-year lease with the RMS over the encroaching noise wall footing located within the sub-stratum lot, subject to the determination of the Registrar-General to have Council recorded as the registered proprietor, in accordance with Section 46C(1) of the Real Property Act 1900.

5. That the Traffic Management Plan for the Brook Lane to St Thomas Rest Park - Noise Wall Construction be referred to Council’s Traffic Engineers for review and that the Traffic Management Plan be tabled at the next available meeting of the North Sydney Traffic Committee for information.

BACKGROUND

NOTICE OF INTENTION TO GRANT AN 'EXCLUSIVE CONSTRUCTION LEASE' AND A 'NON-EXCLUSIVE LICENCE' OVER COMMUNITY LAND - ST THOMAS REST PARK

In April 2019, Council received a notification from the Roads and Maritime Services (RMS) of its intention to construct a noise wall adjacent to the Warringah Freeway, from Brook Lane to St Thomas Rest Park which is approximately 197m in length. The noise wall is being constructed as part of the wider RMS Noise Abatement Program.

To enable the RMS to use the land to undertake part of these works within St Thomas Rest Park, they are required to secure a non-exclusive licence for a temporary access route through the Park and a construction lease to construct a portion of the noise wall footing along the north eastern end, adjacent to the Warringah Freeway. Section 47A of the Local Government Act 1993 requires that the lease be advertised before it is regularised.

STATUTORY ADVERT

In pursuance of Section 47A of the Local Government Act 1993, it is notified that North Sydney Council intends, at the expiration of 28 days after the date of publication of this notice, to grant an exclusive ‘construction’ lease’ and a non-exclusive ‘vehicular access’ licence to the applicant, specified in Schedule 1, in respect of the land specified in Schedule 2, and for the term and purpose specified in Schedule 3 - for full details refer to the Public Notice in the document library.

SCHEDULE 1
Roads and Maritime Services (RMS)

SCHEDULE 2
Exclusive ‘Construction’ Lease over
Lot 1 Deposited Plan 774511

Non-exclusive ‘Vehicular Access Licence’ over
Lot 100 Deposited Plan 790953
Lot 1 Deposited Plan 728480
Lot 1 Deposited Plan 774511

SCHEDULE 3
Term: Approximately 10 months

PURPOSE

1. Exclusive ‘Construction’ Lease - To enable the construction of the noise wall footing along the north eastern boundary of St Thomas Rest Park (identified by the Red Hatched area in the diagram).
2. Non-exclusive ‘Vehicular Access Licence’ - To enable a temporary vehicular access route to the construction site (identified by the Yellow Line in the diagram).

Submissions closed 5 pm, Wednesday 25 September 2019.

If you have any further enquiries contact Council’s Property Officer on 9936 8214 or 0413 115 832.