Agenda of Ordinary Meeting

MAITLAND CITY COUNCIL

Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Meeting of Maitland City Council will be held in the Council Chambers, Town Hall, High Street, Maitland, commencing at 5.30pm.

ORDINARY MEETING AGENDA

11 OCTOBER 2011

DAVID EVANS GENERAL MANAGER

Please note:

In accordance with the NSW Privacy and Personal Information Protection Act, you are advised that all discussion held during the Open Council meeting is recorded for the purpose of verifying the minutes. This will include any discussion involving a Councillor, Staff member or a member of the public.

ORDINARY MEETING AGENDA 11 OCTOBER 2011

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 INVOCATION ...... 1

2 APOLOGIES AND LEAVE OF ABSENCE ...... 1

3 DECLARATIONS OF INTEREST ...... 1

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ...... 1

5 BUSINESS ARISING FROM MINUTES ...... 1

6 MAYORAL MINUTE ...... 1

NIL ...... 1

7 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS ...... 1

8 PUBLIC ACCESS ...... 1

9 GENERAL MANAGER'S REPORTS ...... 2

9.1 ORGANISATION STRUCTURE REVIEW ...... 2 9.2 DESTINATION 2036 ...... 12

10 SERVICE PLANNING AND REGULATION REPORTS ...... 25

10.1 DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. RECOMMENDATION: APPROVAL ...... 25 10.2 PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH RECOMMENDATION: APPROVAL ...... 110 10.3 DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT RECOMMENDATION: APPROVAL ...... 127 10.4 DA 11-1249 - MOBILE TELECOMMUNICATIONS TOWER & ASSOCIATED GROUND FACILITIES - LOT 1 DP336117 - TAYLOR AVENUE, THORNTON RECOMMENDATION: APPROVAL...... 162 10.5 PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. RECOMMENDATION: APPROVAL ...... 195

11 ASSETS AND INFRASTRUCTURE PLANNING REPORTS ...... 232

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11.1 BITTER AND TWISTED INTERNATIONAL BOUTIQUE BEER FESTIVAL - TEMPORARY ROAD CLOSURE ...... 232

12 FINANCE AND ADMINISTRATION REPORTS ...... 236

12.1 MAITLAND GAOL - ANNUAL REPORT ...... 236 12.2 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY ...... 243 12.3 OCCUPATION OF COMMERCIAL SIGN ON COUNCIL LAND AT EAST MAITLAND ...... 257 12.4 FIXING A DATE FOR THE PRESENTATION OF COUNCILS AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2011 ...... 263 12.5 CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012 ...... 264 12.6 CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT ...... 303 12.7 LOCAL GOVERNMENT REMUNERATION TRIBUNAL - COUNCILLOR FEES ...... 305

13 CITY WORKS AND SERVICES REPORTS ...... 308

NIL ...... 308

14 ITEMS FOR INFORMATION ...... 309

14.1 LOCAL TRAFFIC COMMITTEE MEETING SEPTEMBER 2011 MINUTES ...... 309 14.2 COUNCILLOR MOTIONS ...... 317 14.3 RECOGNITION OF LOCAL GOVERNMENT IN THE AUSTRALIAN CONSTITUTION ...... 320 14.4 NSW GRANDPARENT DAY ...... 324

15 NOTICES OF MOTION/RESCISSION ...... 325

15.1 CALL FOR HUNTER COUNCIL CAMPAIGN ON RECOGNITION OF LOCAL GOVERNMENT ...... 325 15.2 SECTION 94 ROAD WORKS ...... 326

16 QUESTIONS WITH NOTICE ...... 336

16.1 CITY APPEARANCE ...... 336

17 URGENT BUSINESS ...... 337

18 COMMITTEE OF THE WHOLE ...... 338

18.1 PERFORMANCE REVIEW AND CONTRACT RENEWAL - GENERAL MANAGER ...... 338

19 COMMITTEE OF THE WHOLE ...... 339

20 CLOSURE ...... 339

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PRESENT

1 INVOCATION

2 APOLOGIES AND LEAVE OF ABSENCE

3 DECLARATIONS OF INTEREST

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

● The Minutes of the Ordinary Meeting held 27 September 2011 be confirmed. 5 BUSINESS ARISING FROM MINUTES

6 MAYORAL MINUTE

Nil 7 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

8 PUBLIC ACCESS

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9 GENERAL MANAGER'S REPORTS

9.1 ORGANISATION STRUCTURE REVIEW

File No: 130/69 Attachments: 1. Revised Organisation Structure 2. Current Organisation Structure Responsible Officer: David Evans - General Manager Author: David Evans - General Manager Maitland 2021 Outcome 19: A Council for now and future generations Council Objective: 19.3.1 To nurture a skilled and innovative workforce that delivers optimal service

EXECUTIVE SUMMARY

The NSW Local Government Act, 1993, at Section 333, provides that the Council’s organisation structure may be re-determined from time to time. Following Council’s implementation of the integrated planning and reporting framework and in particular, the development and adoption of Maitland 2021, the organisation structure has been reviewed to ensure its alignment with and support of the themes and desired outcomes expressed in ‘M2021’ for the City over the next ten years.

This report presents a revised structure and its underlying principles for adoption by Council.

OFFICER’S RECOMMENDATION

THAT

1. In accordance with Section 333 of the NSW Local Government Act, 1993, the revised organisation structure as shown in Annexure 1 of this report be adopted by Council; and 2. The General Manager move toward a phased and completed implementation of the structure by 30 June, 2012.

REPORT The NSW Local Government Act, 1993, provides that the Council’s organisation structure may be re-determined from time to time, and must be re-determined by Council within twelve months of an ordinary election. In this context, the Council’s current organisation structure was adopted by Council on 10 April, 2007, and re- determined without change subsequent to the last ordinary election, on 8 September, 2009. The current structure is shown in Annexure 2 of this report.

With Council now having implemented the ‘Integrated Planning and Reporting’ framework, and in particular, having developed and adopted the City’s 10 year Community Strategic Plan – Maitland 2021, the organisation structure has been reviewed to ensure its alignment with and support of the themes and desired

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ORGANISATION STRUCTURE REVIEW (Cont.) outcomes for the City as expressed in Maitland 2021. Outcomes sought to be achieved from the review of the structure are therefore summarised as: - alignment of organisation structure to the successful delivery of Maitland 2021 and the Delivery Program; - streamlined efficient delivery of services; - the delivery of high quality Customer Service; - effective internal communications, accountabilities and management relationships; - efficient cross organisation systems and processes; - a structure that is functional, relevant and flexible enough to support the organisation for the next 10 years.

The review process provided opportunity for input from Group and Executive Managers, Managers and a cross section of council’s staff generally. A number of structure options were developed and subjected to further review and comment by the management and staff groups before finalisation of the recommended structure.

The review process has been well received by both management and staff within council, providing an opportunity for positive contribution to the future of the organisation. In this context, staff feedback was not limited to the structure itself, and extended to the broader issues of the organisation’s culture and its future leadership and development. Key points and recommendations arising from the process are: • The timing is right for a review of the organisation structure. • Managers and staff support the Community Strategic Plan (M2021) as a basis of a new organisation structure and agree the organisation should be focused towards the delivery of this plan. • Transition to a new structure should be staged and supported by cultural and organisation change initiatives to underpin the new structure. • There is support for a senior management group / corporate management team of six or seven direct reports to the General Manager. • There is support for combining assets, construction and maintenance under one theme area. • There is general support for improved management of major strategic projects and the increased use of cross organisational teams on these projects. • Develop a leadership team framework and priority strategy program for the leadership team focussing on strategic direction, organisational development and organisation culture. • Establish an internal communications framework to improve cross organisation communication and information sharing. • Add an organisation development focus to the Human Resources division to focus on Workforce Strategy. • Allocate responsibilities and associated accountabilities to co-ordinate major strategic projects. • Establish an organisation-wide customer service strategy. • Identify and map key processes required to support the new structure and secure sign off by stakeholders (including elected members).

The proposed organisation structure has been developed on the basis of the feedback and recommendations from the review process, and with due regard to the desired outcomes expressed earlier in this report. The proposed structure:

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ORGANISATION STRUCTURE REVIEW (Cont.) - responds to the recommendations from the review process; - links to the five themes of the Community Strategic Plan (M2021); - establishes shared core functions of the leadership group; - clearly identifies and establishes divisions with an external service delivery focus as distinct from an internal corporate focus, and clarifies responsibilities; - combines asset planning, strategy and operations into a single group (Appearance and Infrastructure); - creates two new groups focusing on lifestyle and recreation services and sustainable development, from the current service planning and regulation group; - establishes a senior management team whose lead accountabilities are to support the General Manager in delivering the outcomes of Maitland 2021 and the adopted delivery program; - reflects the capacity and resourcing of Council to implement the new structure through a staged transition but within a reasonable timeframe.

The recommended structure is shown in Annexure 1 to this report. The second of the two organisation charts provides detail of the shared core functions of each of the seven positions reporting directly to the General Manager, and the broad / indicative responsibilities of each position.

The proposed structure, and its adoption and implementation, signal a major commitment by the Council to Maitland 2021, and to the delivery of the outcomes expressed in Maitland 2021 that have been developed in partnership with the community as part of the Council’s implementation of the integrated planning and reporting framework. Together with the organisational and cultural development programs now being pursued within Council, I believe the proposed structure will serve both Council and the community well over the period of the next ten years, and will allow the capacity and capability of the organisation to keep pace with the growth of the city.

FINANCIAL IMPLICATIONS Any financial implications arising from the proposed structure will be accommodated within the current operational plan.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS In considering and adopting this report on the proposed organisation structure, the Council is acting in accordance with its statutory rights and responsibilities under Section 333 of the Local Government Act, 1993.

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ORGANISATION STRUCTURE REVIEW (Cont.)

General Manager's Reports

ORGANISATION STRUCTURE REVIEW

Revised Organisation Structure

Meeting Date: 11 October 2011

Attachment No: 1

Number of Pages: 4

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ORGANISATION STRUCTURE REVIEW (Cont.)

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ORGANISATION STRUCTURE REVIEW (Cont.)

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ORGANISATION STRUCTURE REVIEW (Cont.)

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ORGANISATION STRUCTURE REVIEW (Cont.)

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ORGANISATION STRUCTURE REVIEW (Cont.)

General Manager's Reports

ORGANISATION STRUCTURE REVIEW

Current Organisation Structure

Meeting Date: 11 October 2011

Attachment No: 2

Number of Pages: 1

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ORGANISATION STRUCTURE REVIEW (Cont.)

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9.2 DESTINATION 2036

File No: 28/7 Attachments: 1. Destination 2036 Update 2. Draft Vision and Suggested Actions Responsible Officer: David Evans - General Manager Author: David Evans - General Manager Maitland 2021 Outcome 19: A Council for now and future generations Council Objective: 19.1.1 To ensure the principles of sustainability underpin Council’s financial, economic, social and environmental decision-making

EXECUTIVE SUMMARY

Destination 2036 was a two day event held in Dubbo on 17 and 18 August, 2011, attended by Mayors and General Managers from all councils within NSW. The focus of the workshop was to develop a vision and action plan for the future of local government in NSW. The ‘Destination 2036 Outcomes Report’ has now been distributed by the NSW Premier and Cabinet Division of Local Government, for further comment by Mayors, Councillors, General Managers and staff working in local government in NSW.

This report formally presents the outcomes report under separate cover and advises of the call for comment on the draft vision for local government and priorities for the action plan by 4 November, 2011.

OFFICER’S RECOMMENDATION

THAT

1. Council note the release of the ‘Destination 2036 Outcome Report’; 2. Councillors be invited to make individual comment on the draft vision and suggested actions in the report by 4 November, 2011, direct to the NSW Premier and Cabinet Division of Local Government; and 3. Council make a formal response to the proposed Draft Action Plan to be released on 21 November, 2011.

REPORT The Destination 2036 workshop was held in Dubbo on the 17 and 18 August, 2011. The workshop was well attended by representatives from almost all 152 councils in NSW, most of whom were the Mayor and General Manager of their councils. In this sense, the event was quite unique and indicative of the significance of issues surrounding the reform of local government in NSW and equally, of the commitment of the NSW Government to engage with local government on the question of reform.

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DESTINATION 2036 (Cont.) The workshop outcomes are well represented and covered in the distributed ‘Destination 2036 Outcomes Report’ and certainly establish a solid basis for consideration and discussion not only of the draft vision for NSW local government, but for a wide range of actions identified from the workshop as worthy of consideration in the reform agenda.

All stakeholders are now invited to make comment on the outcomes of the workshop and specifically the draft vision and suggested actions and their priority for inclusion in the draft action plan.

To assist councillors in their deliberations on these matters, the draft vision and the suggested actions have been annexed to this report. Councillors are invited to make individual submissions at this stage to the Division to the address / email indicated in the Division Circular annexed to this report. It is contemplated that a more formal council response will be made to the Draft Action Plan when released on 21 November, 2011.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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DESTINATION 2036 (Cont.)

General Manager's Reports

DESTINATION 2036

Destination 2036 Update

Meeting Date: 11 October 2011

Attachment No: 1

Number of Pages: 3

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DESTINATION 2036 (Cont.)

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DESTINATION 2036 (Cont.)

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DESTINATION 2036 (Cont.)

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DESTINATION 2036 (Cont.)

General Manager's Reports

DESTINATION 2036

Draft Vision and Suggested Actions

Meeting Date: 11 October 2011

Attachment No: 2

Number of Pages: 6

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DESTINATION 2036 (Cont.)

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DESTINATION 2036 (Cont.)

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DESTINATION 2036 (Cont.)

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DESTINATION 2036 (Cont.)

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DESTINATION 2036 (Cont.)

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DESTINATION 2036 (Cont.)

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10 SERVICE PLANNING AND REGULATION REPORTS

File No: DA 08-918 Attachments: 1. Schedule of Consent Conditions 2. Development Application Plans - Retail Centre Expansion 3. DA Plans - Landscape 4. DA Plans - External Roadworks 5. Proposed Highway Directional Signage - Photo Montage 6. Summary of Objector Submissions 7. Public Submissions in Response to Original 2008 Development Scheme 8. Public Submissions in Response to Revised 2010 Development Scheme Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation David Simm - Manager Development & Environment Author: Stephen Punch - Principal Planner

Applicant: Stockland Development Pty Ltd Owner: Trust Company Ltd and Maitland City Council Proposal: Redevelopment of Major Retail Centre Location: Lot 311, DP 1031540, Lot 22, DP 553162, Part Lot 7, DP 831327, Part Lot 22, DP 591803 and Part Lot 250, DP 264015 bounded by Mitchell Drive, Molly Morgan Drive and Stronach Avenue, East Maitland. Zone: 3(a) General Business and 6(a) Public Open Space

EXECUTIVE SUMMARY

The development application involves the expansion of the Stockland Green Hills retail centre by the addition of approximately 37,500m2 of gross leasable area (GLA). This will result in a centre with a total GLA of 69,502m2, double that of the existing centre. The provision of car parking will increase from around 1600 vehicles to approximately 3200 spaces.

The key elements of the expanded centre are:

• New Myer department store of 12,000m2 GLA located in the corner of the site bounded by Stronach Avenue and Mitchell Drive

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DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) • Additional discount department store (DDS) of 6760m2 GLA located on the Molly Morgan Drive frontage of the site • Minor expansion of Big W by 916 m2 GLA • Retention of the two (2) existing supermarkets with a minor expansion of Coles by 438 m2 GLA • Increase to fourteen (14) mini-majors resulting in an increase of 4,304m2 GLA • Increase in specialty retail tenancies from 8,483m2 GLA to 20,516m2 GLA • Retention of the existing Woolworths service Station in its current location • Expansion of existing basement car park and addition of a multi-storey parking structure which increases the amount of parking provided undercover • Provision of additional loading docks on Molly Morgan Drive, Mitchell Drive and Stronach Avenue

The centre has been designed with two retail levels with around 70 per cent of the existing retail floorspace being retained to help maintain trade continuity through construction and comprising the lower level of retail in the new centre. The second level of retail will be constructed forward (north) of the existing centre and will have a direct frontage and connection to Mitchell Drive. The design achieves a vastly improved centre in terms of its architecture and streetscape contribution and results in a much better balance between the access needs for pedestrians and motor vehicles. The location of the main centre pedestrian entry at Mitchell Drive which more closely aligns with the street level together with outdoor eating spaces opening onto the Mitchell Drive frontage will ensure a much better activation of the street.

The height of the building varies between 12 metres and 20 metres at various parts of the site due to the variable site topography and the need to maintain the two consistent retail levels. The height of the development has been cleverly addressed in the architecture of the building. Discrete building modules in the form of ‘boxes’ have been located at key positions on the site – Myer, discount department store, Dan Murphy’s – and connected via the main mall space and specialty retail links incorporating the main entry with associated food court outdoor dining areas. The juxtaposition of these elements to create articulation in roof heights and vertical wall surfaces and the use of a variety of external building materials, colours and textures all contribute to create a high quality building which responds well to its site and surrounding development.

The most significant and difficult aspect in the application assessment process has been the management of traffic associated with expanded centre. A range of traffic management options were considered and there was an extensive and open dialogue between the applicant, the Council and the RTA in an attempt to derive the most efficient traffic management solution. Various scenarios were modeled via Paramics and the following package of external roadworks was agreed to after an extensive feed forward-feedback process between the parties:

• Construction of a new link road between the New England Highway and Molly Morgan Drive as an extension of Chelmsford Drive including a new roundabout at the intersection of Molly Morgan Drive and the new link road;

• Upgrading of the intersection of the New England Highway and Mitchell Drive by the incorporation of additional through lanes on the highway on either side of the intersection and provision of additional left turn lanes from Mitchell Drive to the

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• Upgrade of the Mitchell Drive / Molly Morgan Drive roundabout to incorporate an additional leg and separate left turn lanes leading to the highway and also incorporation additional left turn lane into Molly Morgan Drive;

• Adjustments to the travel lane configurations on Molly Morgan Drive to provide dual lanes between the main centre access on Molly Morgan Drive and the Mitchell Drive/Molly Morgan Drive roundabout;

• Proposed directional pylon sign at the New England Highway / Chelmsford Drive intersection to assist in optimising the use of the new link road.

The subject land is zoned 3(a) General Business under the Maitland Local Environmental Plan (LEP) 1993. The proposal is defined as a “shop” under the LEP and is permissible within the 3(a) zone with the consent of the Council. The proposed development also complies with the maximum 2:1 floorspace ratio under Clause 22 of the LEP.

The development proposal is generally consistent with the relevant chapters of the Maitland Citywide Development Control Plan, these being “Car Parking”, “Accessible Living”, “Commercial and Retail Hierarchy” and “Outdoor Advertising”.

The development application was accompanied by a detailed ‘economic impact assessment’ (EIA) which was peer reviewed by economic consultants DFP/Hirst Consulting on behalf of Council. The EIA suggests that there is adequate demand from the projected trade catchment for the higher order retail offering to be provided in the new development largely due to the proposed department store and that the expanded centre will capture significant escape spending that is leaking to other centres such as Kotara, Charlestown and Tuggerah. The EIA predicts an average trade impact on the Maitland CBD of -5.7% and advises that this is within the normal range for this scale of development and further that it is not beyond the capacity of the CBD to re-establish existing sales levels within the short to medium term. Retail analysis is not an exact science and while DFP in its review of the EIA had some minor concerns in relation to the data and its interpretation, they concluded that the methodology in the report is essentially sound and provides a sufficient basis for Council to determine the development application.

The development application was placed on public exhibition/notification on four separate occasions in response to progressive revisions to the development proposal. A total of nineteen (19) submissions were received over the four exhibition periods. The key issues raised related to procedural integrity, traffic impacts (poor network performance and property access), and amenity impacts (noise and lighting from both the centre itself and the proposed Chelmsford Drive link road). Other issues included concerns in relation to ecological impact, stormwater management, impact on other fast food outlets in the locality, littering and waste management. These issues are addressed at length in the body of the report and the associated attachment and have been addressed where possible through either design amendments or consent conditions. The issues are not considered so substantive as to warrant refusal of the development application. In particular, the design amendments made with respect to the proposed Chelmsford Drive/Molly Morgan

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DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) Drive roundabout together with the noise mitigation works (double glazing and air conditioning) offered by Stockland to those residents which adjoin the roundabout have the potential to improve the amenity of these properties beyond the existing level of amenity.

The subject land is suitable for the proposed development and poses no significant constraints other than the presence of Two Mile Creek with its associated flooding and fauna values. The proposal currently before the Council is a significant improvement over the original 2008 scheme which involved significant works within the Two Mile Creek corridor. The impacts of the development are capable of competently being managed through design and/or consent conditions.

Approval of the development will generate local employment at the construction and ongoing operational stages and will provide a high standard of retail environment with a broader range of higher order product offerings to service the retail demand of a steadily growing residential community. The development is considered to be in the public interest and it is recommended for approval to the Council.

OFFICER’S RECOMMENDATION

THAT

1. Development Application 08-918 for the redevelopment of the major retail centre (known as Stockland Green Hills) on Lot 311, DP 1031540, Lot 22, DP 553162, Part Lot 7, DP 831327, Part Lot 22, DP 591803 and Part Lot 250, DP 264015 bounded by Mitchell Drive, Molly Morgan Drive and Stronach Avenue, East Maitland, be approved subject to the conditions contained in the schedule to this report.

INTRODUCTION

The development application for the redevelopment and expansion of the Stockland Green Hills Retail Centre is submitted to the Council for determination on the basis that objections have been received in response to the exhibition of the application and also on the basis that the value of the development, at $155 million, exceeds Council’s $5 million delegation threshold to the General Manager.

The report provides a detailed assessment of the development application against the heads of consideration under Section 79C of the Environmental Planning and Assessment Act 1979.

SITE DESCRIPTION

The land subject to the development application is:

• Lot 311, DP 1031540 • Lot 22, DP 553162

Lot 311 comprises an area of 12.38 hectares and contains the existing Stockland retail centre and car parks inclusive of the existing Kentucky Fried Chicken (KFC)

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DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) outlet, Woolworths petrol station and Autobarn outlet. Two Mile Creek occupies a bushland corridor running the length of the south east property boundary separating the retail centre from the residential area of Green Hills. This lot is bounded by Mitchell Drive in the northwest, Molly Morgan Drive in the northeast and Stronach Avenue in the southwest.

Lot 22 has an area of 1366.0m2 with a frontage to Mitchell Drive and previously contained a Caltex service station. This land was acquired by Stockland since the lodging of the original development application in April 2008 with the improvements demolished and site rehabilitated with the consent of the Council under a separate development application. Lot 22 has been formally incorporated into the revised 2010 development application scheme.

In April 2011 the development application was expanded to include land owned by Maitland City Council and authorised for inclusion in the development application by Council resolution of 12 April 2011:

• Part Lot 7, DP 831327 • Part Lot 22, DP 591803 • Part Lot 250, DP 264015

This land is located between the New England Highway and Molly Morgan Drive and has been the subject of a recent reclassification from ‘community land’ to ‘operational land’ (Government Gazette 30 September 2011). This land comprises passive open space and provides a pedestrian link between the New England Highway and Molly Morgan Drive. The land also has a creek/drainage reserve and highway buffer function. It is proposed that this land be used for the purposes of establishing a road connection between the New England Highway and Molly Morgan Drive as an extension to Chelmsford Drive.

A locality plan of the site is provided as Figure 1.

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Figure 1. Locality Plan showing proposed development site.

BACKGROUND

The Stockland retail centre as it stands today represents Stage 1 of a two stage development approved by Council on 29 April, 1999 under Development Application No. 98-1601. Stage 2 involves the development of a large bulky goods retail wing, second discount department store, additional specialty shops and eight cinemas along with associated car parking over the top of the existing Two Mile Creek corridor. This particular proposal would add a further 23,500m2 of gross leasable area (GLA) to the centre and would involve the removal of a majority of the vegetation along the creek corridor, realignment and part piping of the creek itself and the construction of car parking within 10 metres of the residential properties adjoining the corridor. A plan showing the existing approved development is shown in Figure #. This Stage 2 element of DA 98-1601 remains a valid and active consent on the basis that Stage 1 of the development was completed. It is not proposed that Stage 2 of DA 98-1601 be undertaken and the applicant has indicated that it would accept a consent condition requiring Stockland to enter into a formal deed of agreement with the Council confirming that it will not proceed with Stage 2 of DA 98- 1601.

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Figure 2. Approved Development Application LD 98-1601

Development Application No.08-918 was lodged with Council on 29 April 2008, proposing a major redevelopment and expansion of the Stockland Green Hills Shopping Centre.

The development application was lodged as ‘integrated development’ under the EPA Act due to approval also being required under the Water Management Act 2000.

The existing centre has a gross leasable area of approximately 32,000 m2 and the initial development application (08-918) involved the following key elements:

• Increase in GLA to 71,520m2 • New Myer department store of 12,000m2 GLA to the rear of the centre built out over the alignment of Two Mile Creek • Additional discount department store (DDS) of 7000m2 GLA • Retention of two (2) supermarkets • Increase from six (6) to ten (10) mini-majors resulting in an increase of 7,044m2 GLA • Increase in specialty retail tenancies from 8,483m2 GLA to 13,078m2 GLA • Introduction of 1865m2 GLA of office space • Relocation of the existing Woolworths service Station to the Stronach Avenue/Mitchell Drive corner of the site

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DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) • Expansion of existing basement car park and addition of a multi-storey parking structure which increases the amount of parking provided undercover to almost 90 per cent • An increase in parking from 1600 spaces to 3255 spaces • New site access driveways on Stronach Avenue and Molly Morgan Drive and new major access off Mitchell Drive • A new plaza area fronting Mitchell Drive providing ‘at grade’ pedestrian access, on-site taxi rank and improved bus facilities.

Proposed traffic management works external to the site involved:

• Signalisation of the major site access points on Mitchell Drive, Molly Morgan Drive and Stronach Avenue • Modify the signalised intersection of the New England Highway and Mitchell Drive to provide an additional northbound and southbound lane on the highway for some 200 metres (excluding tapers) either side of Mitchell Drive – this effectively widened the highway at the intersection to nine (9) lanes; • Lengthen the left turn lane in Mitchell Drive for vehicles turning onto the New England Highway. The left turn slip lane will be extended to the west of the Mitchell Drive/Molly Morgan Drive roundabout; • Upgrade the roundabout controlled intersections of Mitchell Drive/Molly Morgan Drive and Mitchell Drive/Stronach Avenue to provide two fully circulating travel lanes through the rounabouts; • Widen Molly Morgan Drive at Mitchell Drive to provide two northbound and two southbound lanes; • Modify kerb arrangements in the westbound traffic lanes of Mitchell Drive at Stronach Avenue to provide two traffic lanes into the roundabout; • Introduce signalised shopping centre access driveways on Mitchell Drive and Stronach Avenue – traffic signals to incorporate signalised pedestrian crossing facilities; • Provide an additional shopping centre access driveway on Molly Morgan Drive

Council commenced the required referral process with the following government agencies and service authorities from 30 April 2008:

• NSW Rural Fire Service • Department of Planning (concurrence required under Clause 58 of Hunter Regional Environmental Plan1989) • NSW Roads and Traffic Authority (RTA) • NSW Department of Water and Energy • NSW Department of Primary Industries – Fisheries (approval required under Section 219 of Fisheries Management Act) • Energy Australia (now Ausgrid) • Hunter Water Corporation

Given that traffic management issues were going to represent one of the most complex aspects of the project Council engaged McLaren Traffic Engineering (Craig McLaren) to provide advice and technical support throughout the assessment process. Craig has successfully represented Council in the Land and Environment

Page (32) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) Court on traffic management matters and has significant experience in relation to the road network impacts of large scale commercial and retail centres.

The development application was also accompanied by an Economic Impact Assessment (EIA) prepared by Pitney Bowes Mapinfo. The purpose of the EIA was to provide an overview of the current local and regional retail markets to establish a context for the expanded centre and also to determine the potential impacts on other local retail centres. Council engaged an independent consulting firm (Don Fox Planning/Hirst Consulting) with retail market assessment experience to provide a peer review of the EIA to assist in the assessment of the development application.

The initial development application was not received positively by the RTA’s Regional Development Committee. There were significant shortcomings identified in the initial modeling and both Council and the RTA were concerned that the package of works proposed were not going to deliver the type of performance of the road network that would be required when the new development came on line. Council expressed a view, ultimately supported by the RTA, that a number of alternative traffic management scenarios should be modeled to determine the best outcome for the network. Here commenced a very long process of negotiation, modeling, assessment and re-evaluation of a number of traffic management options.

Approximately 18 months into the development assessment process Stockland requested that Council place the assessment of the DA on hold while it reviewed its capital investment projects in light of the global financial crisis. Stockland also took this time to re-evaluate the development application proposal with a view to improving the ability of the centre to ‘trade-through’ the construction process.

In December 2010, Stockland submits a substantially revised development application for consideration by Council. The revised proposal is a rationalisation and rearrangement of the design to enable improved continuity of trading through the construction period and contains the following key elements:

• Floorspace remains approximately the same as the previous proposal - GLA increases only marginally to 69,502m2 • Myer department store of 12,000m2 GLA remains but in a different location on the site – the Mitchell Drive/Molly Morgan Drive corner of the site • Additional discount department store (DDS) of 6760m2 GLA remains but with slight change in configuration • Minor expansion of Big W by 916 m2 GLA • Retention of two (2) supermarkets with minor expansion of Coles by 438 m2 GLA • Increase from six (6) to fourteen (14) mini-majors resulting in an increase of 4,304m2 GLA • Increase in specialty retail tenancies to 20,516m2 GLA • Deletion of office space • Retention of the existing Woolworths service Station in its current location • Expansion of existing basement car park and addition of a multi-storey parking structure which increases the amount of parking provided undercover • An increase in parking from 1600 spaces to 3240 spaces

Page (33) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) • Introduction of traffic signals to the existing site access driveway on Molly Morgan Drive and the new major access off Mitchell Drive • Building to the street along part of the Mitchell Drive frontage to give the centre a new “address” and inclusion of new pedestrian access and improved bus facilities.

The revised development application does not significantly alter the location of the major access points to the centre proposed under the original 2008 development scheme and traffic management aspects of the application continued to be refined and re-evaluated by Council and the RTA.

14 April 2011, Stocklands submit an addendum to the DA comprising the traffic management works external to the site. This addendum reflects the traffic management solution that has emerged through discussions with the applicant, RTA and Council officers as the most appropriate traffic management solution for the development. The addendum proposes the following key elements:

• Proposed directional pylon sign at the New England Highway / Chelmsford Drive intersection to assist in optimising the use of the new link road.

The development application was placed on public exhibition/notification on four separate occasions in response to progressive revisions to the development proposal. The details of these exhibition periods along with the number of submissions received have been included in the following table:

Exhibition No. of Description From To Period Submissions Initial development 6 May 2008 9 June 2008 7 No.1 application. Minor amendments to initial 13 Jan 2009 12 Feb 2009 5 No.2 DA. Major review of project 10 Jan 2011 14 Feb 2011 4 No.3 design. Incorporation of external 18 April 2011 18 May 2011 3 No.4 traffic management works

Table 1. Summary of Exhibition/Notification Periods for DA 08-918.

Page (34) ORDINARY MEETING AGENDA 11 OCTOBER 2011

The development application currently before the Council (as submitted December 2010 including the April 2011 external traffic works addendum) involves the following key elements:

• Increase in the floorspace of the centre to a total gross leasable area of approximately 69,502m2; • New Myer department store of 12,000m2 GLA located in the corner of the site bounded by Stronach Avenue and Mitchell Drive; • Additional discount department store (DDS) of 6760m2 GLA located on the Molly Morgan Drive frontage of the site; • Minor expansion of Big W by 916 m2 GLA; • Retention of the two (2) existing supermarkets with a minor expansion of Coles by 438 m2 GLA • Increase to fourteen (14) mini-majors resulting in an increase of 4,304m2 GLA • Increase in specialty retail tenancies from 8,483m2 GLA to 20,516m2 GLA • Retention of the existing Woolworths service Station in its current location • Expansion of existing basement car park and addition of a multi-storey parking structure which increases the amount of parking provided undercover • An increase in parking from 1600 spaces to 3240 spaces • Introduction of traffic signals to the existing site access driveway on Molly Morgan Drive and the new major access off Mitchell Drive • Building to the street along part of the Mitchell Drive frontage to give the centre a new “address” and inclusion of new pedestrian access and improved bus facilities.

The development proposal also includes the following traffic management works on the broader road network surrounding the centre:

• Proposed directional pylon sign at the New England Highway / Chelmsford Drive intersection to promote the use of the new link road.

Page (35) ORDINARY MEETING AGENDA 11 OCTOBER 2011

The proposed development staging has been planned in order to achieve the following key principles:

• Enable as many retail tenancies to continue to trade for as long as possible; • Maximise the total parking available at any point in time; and • Ensure Dan Murphy continues to trade throughout the redevelopment

The application proposes to obtain occupation certificates for the development in accordance with Table 2 below.

Table 2. Staging for Occupation Certificates

There is significant overlap between various stages, adding to the complexity of sequencing.

Months 1-9 Construct the new Dan Murphy’s tenancy on the ex-Caltex site (Stage 1a) and construct an additional, mezzanine, level of parking for 147 cars in the under croft area below Big W (Stage 1b).

Months 1-18 Construct the balance of the north eastern end of the centre, including the Discount Department Store (DDS), 15-20 specialty shops, 600-650 car parks and the loading dock that services these tenancies (Stage 2).

Months 10-25 Close and demolish the existing Dan Murphy store and the northern side of the existing centre and construct the balance of specialty and food tenancies across two levels (Stage 3), and the new department store (Stage 4).

Page (36) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) The entire project will then be completed and operating. The additional roof deck (Stage 5) will also be constructed at this stage.

PLANNING ASSESSMENT

Section 79C(1)(a)(i) provisions of any environmental planning instrument Local Environmental Plan

The land on which the expanded shopping centre is proposed to be located is zoned 3(a) General Business under the Maitland Local Environmental Plan 1993 (LEP 1993). The proposal is defined under LEP 1993 as a ‘shop’ and the development is permissible within the 3(a) zone with the consent of the Council. The objectives of the 3(a) zone are as follows:

(a) To provide opportunities for the development of commercial uses which do not reduce the commercial viability of the core retail areas of the City. (b) To ensure that the size and function of both retail and commercial facilities are established in accordance with Council’s preferred hierarchy of commercial centres for the City. (c) To permit non-commercial development within the zone where such development is compatible with the commercial character of the locality. (d) To ensure that there is adequate provision for car parking facilities within the zone. (e) To minimise conflicts between pedestrians and vehicular movement systems within the zone. (f) To preserve the historic character of the City by protecting heritage items and by encouraging compatible development within and adjoining historic buildings and precincts.

The proposed development is considered consistent with the objectives of the 3(a) zone as follows:

• The Economic Impact Assessment (EIA) submitted with the development application suggests that the impact on the other retail areas of the city (in particular the Maitland CBD) is within the normal range for this type of development. While businesses in the CBD would be experience a trade impact of an average of -5.7%, it is within the capacity of these retailers to regain this loss in the short to medium term. The EIA was peer reviewed on behalf of the Council and the EIA was considered sufficiently robust in terms of its data and methodology to provide a proper basis for Council to determine the DA. The proposed development is unlikely to result in such a significant loss of retail function within the CBD that it fails to provide an adequate level of retail support for the surrounding community that currently utilises the CBD.

• While the current Stockland expansion proposal will result in the provision of more retail floor space than the Maitland CBD there remains significant additional capacity for retail floorspace expansion within the CBD based on current commercial land zoning. The function of the Maitland CBD will not be compromised as Council’s adopted Commercial and Retail Hierarchy acknowledges that the CBD is characterised by a much stronger representation of office, educational and cultural facilities than is intended to be accommodated within the Green Hills precinct.

Page (37) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) • The development proposal provides car parking on the site which complies with current Council policy and traffic management, both vehicles and pedestrian, has been the subject of extensive review by both the RTA and the Council. The final traffic management solution for the development will ensure that both vehicle and pedestrian movements are properly catered for.

The land which is to contain the proposed road link between the New England Highway and Molly Morgan Drive is currently zoned 6(a) Public Recreation under the Maitland LEP 1993. The extension of Chelmsford Drive is defined under LEP 1993 as a ‘road’ which is a permissible use in the 6(a) zone with Council consent. The objectives for the 6(a) zone are as follows:

(a) To identify existing publicly owned land that is used or is capable of being used for active or passive recreation purposes. (b) To encourage the development of public open space in a manner which maximises the satisfaction of the community’s diverse recreational needs. (c) To enable development associated with, ancillary to, or supportive of, public recreation uses. (d) To encourage the development of open space as a major urban landscape element.

The proposed development is not considered to conflict with the objectives of the 6(a) zone. The subject land serves the following key functions:

• a drainage reserve containing Two Mile Creek • a buffer between the New England Highway and the commercial and residential landuses that are located along Molly Morgan Drive and Chisholm Road; and • a pedestrian access corridor linking the pedestrian crossing at the New England Highway/Chelmsford Drive intersection to the Green Hills shopping precinct via Molly Morgan Drive.

The shape and topography of the land together with the constraints imposed by land uses at its boundaries do not make it conducive for use as a viable active or passive recreation area. The benefits resulting from the proposed road link will be the landscape enhancement of the residue land adjacent to the medium density development at 22 Molly Morgan Drive next to the new roundabout and the provision of a new pedestrian link to the centre to replace the existing low level pathway.

Land containing the new link road comprising Part Lot 7, DP 831327, Part Lot 22, DP 591803 and Part Lot 250, DP 264015 was reclassified from ‘community land’ to ‘operational land’ by way of publishing in the Government Gazette on 30 September, 2011. This enables the Council to include conditions within the development consent requiring the construction of the link road.

Regional Environmental Plan

Hunter Regional Environmental Plan 1989

The original 2008 development proposal included parts of buildings in excess of 14 metres in height thereby requiring the concurrence of the Director for Planning under the provisions of Clause 58 of the Hunter Regional Environmental Plan 1989. This

Page (38) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) concurrence was given on 31 March 2009 however the HREP was formally repealed on 25 June 2009.

There is no regional environmental plan relevant to the determination of the revised development application scheme submitted in December 2010 currently before the Council.

Lower Hunter Regional Strategy

The Lower Hunter Regional Strategy (LHRS) came into force in October 2006 to provide strategic planning direction for the Lower Hunter across a range of key planning areas including ‘centres’ up to the year 2031. The LHRS identifies Green Hills as a ‘town centre’ which typically comprises shopping and business facilities for the district, including health and professional services. The LHRS aims to ensure that “. . . the larger centres of the Region, including the Newcastle City Centre, major regional centres, specialised centres and standalone shopping centres, provide a sufficient supply of commercial, retail and residential floor space to meet their employment and service centre functions.” The LHRS projects that Green Hills will support an employment of at least 1500 full time equivalent jobs over the term of the strategy. The employment projection for Stockland Green Hills exceeds the LHRS target. The proposed centre expansion is consistent with the provisions of the LHRS which is designed to ensure that Maitland, as a major residential growth area under the strategy, is provided with sufficient infrastructure and services to cater for growing community needs.

State Environmental Planning Policies

State Environmental Planning Policy (Infrastructure) 2007

The proposed development is traffic generating development under Schedule 3 of SEPP (Infrastructure) 2007 being shops in excess of 2000 m2 and also providing more than 200 parking spaces. A Transport Report prepared by traffic consultants Colston Budd Hunt & Kafes Pty Ltd was submitted with the application and the applicant undertook Paramics computer modelling in an effort to better demonstrate the broader road network impacts of the expanded centre. The development application was originally referred to the NSW Roads and Traffic Authority’s Regional Development Committee in accordance with Clause 104 of the SEPP on 30 April 2008. This commenced a lengthy dialogue between the applicant, RTA and Council over a period in excess of three years that involved evaluation of a range of traffic management options for the development. The RTA provided its final endorsement to the development, subject to conditions, on 10 August 2011. A detailed discussion of parking, traffic generation and road network impacts is provided later in this report.

State Environmental Planning Policy (Major Projects) 2005

The proposed development meets the criteria for consideration as a Major Project under the SEPP (Major Projects) 2005. However, although the development is a retail project with a capital value in excess of $100 million the Minister has not at this time determined that the project is important in achieving State or regional planning objectives and the applicant (Stockland) has not requested the Minister to make

Page (39) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) such a determination. In these circumstances Maitland City Council remains the determining authority for the development application.

State Environmental Planning Policy No 55 – Remediation of Land

SEPP 55 requires that Council not determine a development application unless it has determined whether the land is contaminated and if so whether it is suitable for the purpose proposed. Accordingly, a Preliminary Contamination Assessment report (see Appendix 3) was submitted with the application in accordance with Clause 7 of the SEPP. The report indicates there are no significant contamination issues.

It should be noted that the current development application includes that land which previously accommodated the Caltex service station on Mitchell Drive. This service station was demolished and remediated under a separate development consent (DA 08-2154) issued by Council on 10 December 2008.

State Environmental Planning Policy No 64 – Advertising and Signage

The relevant aims and objectives of the SEPP are:

• To ensure that signage (including advertising):

i. Is compatible with the desired amenity and visual character of an area, and ii. Provides effective communication in suitable locations, and iii. Is of high quality design and finish, and

• To regulate signage (but not content) under Part 4 of the Act the built environment and the streetscape as a whole.

The proposed signage is considered to be of high quality and compatible with the amenity and character of the shopping centre precinct and therefore consistent with these objectives. Clause 8 of SEPP 64 requires that in addition to considering consistency with the objectives of the Policy as set out in clause 3(1)(a) the Council must also be satisfied that the signage satisfies the assessment criteria specified in Schedule 1. The signs included in the development application plans satisfy the Schedule 1 assessment criteria.

Clause 22 of SEPP 64 also establishes that wall signs must be integrated with the design of the building on which it is to be displayed and sets maximum sizes according to the area of the building elevation. These limits are more restrictive than provided under Council’s Outdoor Advertising DCP (being between 10% and 20%) and take precedence. Notwithstanding, all wall signs identified in the attached plans are within the relevant limits under Clause 22(2)(b) of the SEPP.

The addendum to the 2010 development scheme lodged in April 2011 incorporated the Chelmsford Drive extension linking the New England Highway through to Molly Morgan Drive and also included the provision of a pylon sign adjacent to the highway and new link road. This sign has a height of 19 metres and a panel surface of 40m2 (refer to plan at Attachment 1). Clause 18 of the SEPP requires that the RTA give concurrence to any sign within 250m of a classified road (in this case the New England Highway) and which has an advertising surface of greater than 20m2. The development application was referred to the RTA and concurrence received on 20 July 2011 subject to conditions.

Page (40) ORDINARY MEETING AGENDA 11 OCTOBER 2011

Clause 17 of SEPP 64 also requires the Council to take into account a range of matters when considering an application for a sign that is higher than 8 metres above the ground and has an area of greater than 20m2. These matters are addressed in Table 3 below:

Sign Assessment Criteria – Schedule 1 of SEPP 64 Advertising and Signage Compliance Element Criteria Comment (where applicable) Yes/No 1 Character of the area Is the proposal compatible Yes The sign is considered an essential and integral with the existing or desired component of the new link road by promoting its future character of the area use particularly for traffic accessing the Green Hills or locality in which it is precinct from the east. It will not extend beyond the proposed to be located? existing tree canopy height of the trees within the adjoining reserve.

Is the proposal consistent N/A with a particular theme for outdoor advertising in the area or locality?

Does the proposal detract No 2 Special areas from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

Does the proposal obscure No The sign is located within the gully adjoining Two 3 Views and vistas or compromise important Mile Creek and will have no impact on any important views? or iconic views given that it will be positioned on the southern side of the main electricity transmission easement.

Does the proposal dominate No The design of the pylon sign is simple and sits below the skyline and reduce the the existing tree canopy. It is viewed predominantly quality of vistas? by traffic approaching East Maitland from the east.

Does the proposal respect Yes The sign does not obscure other advertising signs. the viewing rights of other advertisers?

Compliance Element Criteria Comment (where applicable) Yes/No Is the scale, proportion and Yes The structure is 19 metres in height however this 4 Streetscape, setting form of the proposal height is appropriate in that it is designed to give or landscape appropriate for the motorists approaching from the east good advanced streetscape, setting or indication of the link road in order to promote its landscape? use to the maximum extent possible. The sign will however not extend beyond the height of the trees within the adjoining reserve. Does the proposal Yes Although the proposal is a large structure it is a contribute to the visual simple design that sits below the existing tree interest of the streetscape, canopy and is viewed predominantly by traffic setting or landscape? approaching East Maitland from the east.

Does the proposal reduce N/A No significant advertising signage clutter is located in clutter by rationalising and the vicinity of the sign. The proposed sign will simplifying existing represent a single, clear element in the existing advertising? landscape and will serve predominantly a directional function. Does the proposal screen N/A unsightliness?

Page (41) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) Does the proposal protrude No above buildings, structures or tree canopies in the area or locality?

Does the proposal require No ongoing vegetation management?

Is the proposal compatible Yes 5 Site and building with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

Does the proposal respect Yes important features of the site or building, or both?

Does the proposal show N/A innovation and imagination in its relationship to the site or building, or both?

Have any safety devices, No A consent condition will require that the sign be 6 Associated devices platforms, lighting devices or externally illuminated to reduce the potential for and logos with logos been designed as an significant light spill to the nearby medium density advertisements and integral part of the signage housing units and to reduce its visual impact at advertising structures or structure on which it is to night. be displayed?

Would illumination result in No A consent condition will require that the sign be 7 Illumination unacceptable glare? externally illuminated and the lighting designed and specified to reduce the potential for nuisance light spill to the nearest residences. Would illumination affect No RTA conditions have placed a prohibition on safety for pedestrians, changeable messaging, animation and moving parts vehicles or aircraft? to the signage that might distract passing motorists.

Would illumination detract No A consent condition will require that the sign be from the amenity of any externally illuminated and the lighting designed and residence or other form of specified to reduce the potential for nuisance light accommodation? spill to the nearest residences. Can the intensity of the Yes A condition of consent will require that the lighting illumination be adjusted, if be installed to allow for adjustment of light intensity. necessary? Is the illumination subject to No a curfew? Compliance Element Criteria Comment (where applicable) Yes/No Would the proposal reduce No RTA has imposed conditions on the signage to 8 Safety the safety for any public promote the safety of road users – refer to RTA road? concurrence dated 20 July 2011. Would the proposal reduce No the safety for pedestrians or bicyclists? Would the proposal reduce No the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

Table 3. Sign Assessment Criteria – Schedule 1 of SEPP 64 Advertising and Signage

Page (42) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition

Draft Maitland Local Environmental Plan 2011

The draft Maitland Local Environmental Plan (DMLEP) 2011 is currently being prepared. The DMLEP 2011 was initially placed on public exhibition on 15 November 2010 and adopted by Council on 26 July 2011. Under Section 68 (4) of the Environmental Planning and Assessment Act 1979 the adopted Draft Maitland LEP 2011 was notified to the Director General of the Department of Planning and Infrastructure on 2 August 2011. Draft Maitland LEP 2011 is therefore a draft EPI for the purposes of s.79C(1)(a)(ii).

The site of the proposed shopping centre expansion itself is zoned B3 Commercial Core under the DMLEP 2011. Development for the purposes of ‘retail premises’ is permissible with consent in this zone. The DMLEP also specifies a 2:1 floorspace ratio (FSR) and a maximum building height of 12.0m. While the development proposal will result in a floorspace well below the maximum 2:1 FSR, the building height significantly exceeds the maximum12.0m standard. The height of the development is however considered satisfactory in the circumstances of the case with the 2008 scheme obtaining the concurrence of the Regional Director of Planning under the Hunter Regional Environmental Plan. The revised 2010 development scheme proposes a building of lesser height and did not require concurrence under the Regional Plan on the basis that the HREP was repealed prior to lodging of the 2010 scheme. The issue of building height is discussed in detail under a later section of this report.

The proposed Chelmsford Drive road link between the New England Highway and the Molly Morgan Drive is zoned RE1 Public Recreation under the DMLEP 2011. Development for the purposes of ‘roads’ is permissible with consent in this zone.

The proposal does not raise any issues that conflict with the provisions of the Draft LEP, with the exception of building height. However, the draft LEP includes a savings provision for existing development applications as follows:

1.8A Savings provision relating to development applications [local] If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been fully determined before that commencement, the application must be determined as if this Plan had been exhibited but had not commenced.

There are no other draft environmental planning instruments (EPIs) that are or have been placed on exhibition which apply to the proposal.

The proposal is therefore permissible under the DMLEP 2011 and consistent with the objectives of the zone.

Section 79C(1)(a)(iii) any development control plan

The following chapters of the Maitland Citywide Development Control Plan are relevant to the assessment of the development application:

Page (43) ORDINARY MEETING AGENDA 11 OCTOBER 2011

Car Parking Requirements The proposed development will be providing on-site parking in accordance with this chapter of the DCP. An additional 1455 spaces is technically required however, the application proposes approximately 1610additional spaces. Car parking provision is discussed in greater detail under the later heading in this report ‘Car Parking and Internal Circulation’.

Commercial and Retail Policy

The Maitland City Wide Development Control Plan includes a chapter on Commercial and Retail Policy. The objectives of the DCP in relation to this are:

1 To establish a clear retail hierarchy for the City of Maitland and to define the preferred role for each centre; 2 To distinguish between the requirements of the 3(a) General Business and 3(b) Support Business zones at their various locations throughout the city; 3 To facilitate and promote the role of the Central Maitland business district as the key business and cultural precinct in the City of Maitland; and 4 To supplement the provisions of the existing Maitland Local Environmental Plan 1993 by encouraging and promoting the development and expansion of commercial and retail activities within Central Maitland.

Clause 3.1 of the DCP identifies the retail hierarchy for Maitland LGA in a table which is in part shown below:

RETAIL AND COMMERCIAL HIERARCHY Hierarchy Level Centres Included Zones Included 1. Core Business Areas Central Maitland, as 3(a) General Business identified on the map 3(b) Support Business marked DCP No 39.

Greenhills, to the extent 3(a) General Business identified on the map zone only marked DCP No. 39.

Table 4. Extract from Maitland Citywide DCP – Commercial and Retail Policy.

The DCP map identifies Greenhills as the 3(a) zoned land bound by Mitchell Drive, Stronach Avenue and Molly Morgan Drive, including the Stockland Green Hills site. Clause 3.2 of the DCP seeks to ensure that the Core Business Areas of Central Maitland and Greenhills remain the major business and cultural, commercial and retail centres in the City, and therefore defines “major developments” which will generally be permitted only in those centres.

“major commercial premises” means a building or place used as an ‘office premises’ or as a ‘business premises’ as defined in Maitland LEP 1993, (not being Light Industry), being a building or place having a gross floor area exceeding 2,500 square metres;

Page (44) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) “major retail premises” means: a) a building or place containing a supermarket and/or a department store; and/or b) a shop or group of adjoining shops (other than bulky goods sales rooms or showrooms) individually having, or together having, a gross floor area exceeding 2,500 square metres.

The proposed development is major retail premises as defined above and permitted at Greenhills.

The DCP also provides place statements and development guidelines for individual centres. The relevant guidelines for Greenhills in clause 4.2 of the DCP are:

Greenhills Core Area:

The existing 3(a) zoned land at Greenhills represents the second of the core Business areas in the LGA and the only other centre in addition to Central Maitland where “major retail development” and “major commercial development”, as defined in Clause 3.2, will be encouraged. The “Core Business Area” is identified on the map attached to this Plan, and includes the Hunter Shopping Centre and its immediate curtilage. Greenhills Core Business Area is seen as having a predominately retail focus as opposed to the broader role of the Central Maitland CBD.

The Hunter Shopping Centre is currently undergoing major expansion. Over the next two years it will grow in two stages, from 17,500 square meters to approximately 30,000 square metres. Ultimate approval is for 60,000 square metres. Commencement and completion of the extension may put pressure on Council to allow further large retail developments in the 3(b) Support Business Zone adjoining it. This is not seen as desirable for either the long term functioning of Greenhills as a whole, or for the continuing viability of Central Maitland.

The role of Greenhills is as a sub-regional retail/shopping centre, serving the expanding residential areas in the eastern part of the LGA, as well as attracting customers from the remainder of the LGA and from the wider lower to mid Hunter Valley. The role of the Support Business Zone is to be reinforced as providing for lower intensity commercial and retail uses that are not found or desirable in the higher intensity 3(a) zone.

The proposed expansion of Stockland Green Hills maintains “the predominantly retail focus of the centre compared to the broader role of the Maitland CBD” and will “serve the expanding residential areas of the LGA and the wider lower to mid Hunter Valley” in accordance with the DCP development guidelines.

These matters are addressed in greater detail in the review of the ‘economic impact assessment’ (EIA) included in a later section of this report.

Page (45) ORDINARY MEETING AGENDA 11 OCTOBER 2011

The development application was advertised and notified on four separate occasions in accordance with the DCP requirements. Details of advertising/notification are provided within Table 1. A detailed discussion of the submissions received is provided at Attachment 6 to this report

Outdoor Advertising

There are three existing pole/pylon signs which will be refurbished and one which will be refurbished and also moved. All other principal signage will be by illuminated wall signs. In most cases these signs are larger than permitted as exempt development and therefore must be considered as an integral component of the development application.

The relevant Objectives of the DCP with respect to outdoor advertising are:

• Provision of good quality, well maintained signage which is adequate and effective in promoting the City’s tourist attractions, trade, commerce, services and facilities without being detrimental to the amenity and character of the area; and • To provide signage which is complimentary in scale and form with the built environment and the streetscape as a whole.

The applicant was requested to provide details of the size and location of signage panels as part of the architectural elevations for the proposed buildings. In doing this Council have been able to assess the signage as an integral part of the overall design of the buildings without necessarily having to deal with the specific content of the signs which has not yet been fully resolved by the proponent. It is concluded that the proposed signage will be high quality and will promote trade at the site without impacting on the amenity or character of the area. Similarly, signage is in keeping with the scale of the development and will not dominate the streetscape. The signage is complimentary to the architecture of the development.

The proposed signage, including refurbishment of the existing pylon signs is consistent with the objectives of the DCP.

The DCP also provides that a wall sign must occupy a maximum of 25% of the visible wall surface of any building elevation. All signage identified in the attached plans is below this threshold. There are no other specific requirements of the DCP relevant to the proposed development at Stockland Greenhills.

Accessible Living

This element of the Citywide DCP aims to ensure that developments are designed to be properly accessible to those with mobility impairments. In this regard ramps, pathways, lifts and car parking spaces should be designed to the relevant Australian Standards (AS 1428.1). Tactile markers should also be provided for the assistance of those with vision impairment. The Building Code of Australia also calls up compliance with these standards. Although the development application plans are

Page (46) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) not detailed to construction plan requirements, they nevertheless demonstrate that the centre can be delivered to comply with current accessibility standards. A consent condition will require the centre to meet the requirements of the BCA and AS 1428.1 in relation to accessibility.

Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph)

The proposal must address the additional matter for consideration specified under Clause 92 of the Environmental Planning & Assessment Regulations 2000 (NSW) (EP&A Regs).

In this regard the provisions of Australian Standard AS 2601—1991: The Demolition of Structures is relevant to the proposal must be taken into account and a consent condition will be included requiring that all demolition work proposed on the site is in accordance with this Australian Standard.

The proposal does not raise any issues that conflict with the provisions of the EP&A Regs.

Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

Traffic Management – Passenger Motor Vehicles

Perhaps the most critical aspect of the development proposal is the manner in which traffic is to be managed both within the centre itself and on the surrounding road network.

In addition to the signalisation of the major access points into the centre the package of traffic management works proposed with the original 2008 development concentrated works at the New England Highway intersection with Mitchell Drive. This involved construction of additional through lanes on the highway on both sides of the intersection, the construction of a slip lane around the existing Mitchell Drive/Molly Morgan Drive roundabout with additional left turn merge lane onto the highway. Some modification to the existing roundabouts on Mitchell Drive was also proposed in an effort to improve circulation. Both Council and the RTA were not however convinced that this package of works would deliver an appropriate level of network performance with the proposed development in place. The Mitchell Drive /Molly Morgan Drive roundabout is operating at a poor level of service under current conditions given its proximity to the New England Highway intersection with Mitchell Drive and Council/RTA were not convinced that loading additional traffic on this part of the network, even with the proposed improvements in place, would yield a satisfactory longer term outcome. Herein commenced a long process of discussion with the applicant to ensure that different traffic management scenarios were taken into account.

Page (47) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) In order to determine the most appropriate traffic management solution for the development the amount of additional traffic generated needs to be quantified and some reasonable assumptions made concerning how this traffic will be distributed across the road network. Peak hour traffic generation rates are as follows:

Traffic Generation - Existing Centre 2640 peak hour trips (Thursday PM) Traffic Generation – Additional Floorspace 1600 peak hour trips (Thursday PM)

Total Generation - Expanded Centre 4240 peak hour trips (Thursday PM)

The traffic distribution was determined through a lengthy feedforward/feedback process between the applicant, Council and the RTA having regard to existing trip distribution and also taking into account the likely routes to the centre from new urban release areas across the city – Chisholm (Thornton North), Bolwarra/Largs, Rutherford/Aberglasslyn, Gillieston Heights, Lochinvar. The agreed traffic distribution assumptions for the expanded centre are provided in the following table:

Existing Existing Proposed Proposed Proposed Proposed Origin/Destination Sectors Sectors Distribution Distribution Distribution Distribution Distribution Distribution and Route (arterial) (other) for Current for Current for Centre for Centre for New for New Centre Centre Expansion Expansion Centre Centre Year>> 2008 2008 2019 2019 2019 2019 [C] = [A] + [A] [B] [B] Traffic Generation>> 2640 1600 4240 West via New England Highway 1 19.8% 520 51.0% 816 31.5% 1,336 North via Blaxland Avenue 4 2, 3 7.7% 203 0.5% 8 5.0% 211 North via Chelmsford Road 5 13.5% 356 42.1% 674 24.3% 1,030 East via New England Highway 6 27.5% 726 2.0% 32 17.9% 758 South via Chisholm Road 7 8.3% 219 1.4% 23 5.7% 242 South/West via Mitchell Drive 8 9 23.3% 615 3.0% 48 15.6% 663 Total 100.1% 2,640 100.0% 1,600 100.00% 4,240

Table 5. Traffic Distribution as Agreed by MCC and RTA

Traffic modelling also factored in estimated reductions in volumes (around 30%) on the New England Highway as a result of the commissioning of the F3 extension (Hunter Expressway) anticipated in 2014. It should be noted that the full scope of works proposed under the development application for the centre expansion are not expected to be completed until after the commencement of operation of the Hunter Expressway which is currently under construction.

The traffic distribution analysis concluded that the major future traffic movements generated by Stockland Green Hills would be:

• 42 per cent to/from the north-east, that is Thornton North growth area, along Chelmsford Drive on top of the existing movements from Morpeth, Raworth, Tenambit, part of East Maitland, part of Bolwarra Largs, Metford as well as areas further afield such as Hinton, Wallalong and Raymond Terrace:

Page (48) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) • 51 per cent to/from the north-west along the New England Highway via Mitchell Drive, that is parts of East Maitland, Central Maitland, portion of Bolwarra/Largs, Gillieston Heights, Telarah, Rutherford/Aberglasslyn and Lochinvar.

The traffic generation figures and the agreed network distributions were then incorporated into a Paramics model, a computer simulation program designed to reflect the movement of traffic around the network. Paramics is a particularly valuable tool in determining how traffic flows around the particular network respond to different intersection treatment scenarios. The Paramics modelling was undertaken by Parsons Brinckerhoff with the ‘base model’ reviewed and endorsed by the RTA in consultation with Council. Three (3) traffic management scenarios were modelled under Paramics:

• The initial Mitchell Drive/New England Highway intersection works proposed by the applicant under the first iteration of the development application; • The upgrading of the New England Highway/Chisholm Road intersection to provide for dual right turn movements into Chisholm Road; • The incorporation of a new link road being an extension to Chelmsford Drive between the New England Highway and Molly Morgan Drive also incorporating upgrades at the Mitchell Drive/New England Highway intersection.

A fourth option which Council initially sought to have included in the model was the re-establishment of Metford Road on its former alignment adjacent to the Mindarribba Community Centre to connect with the New England Highway at the Chisholm Road intersection. The aim with this approach was to avoid the need for those vehicles wishing to access the centre from Chelmsford Drive having to turn right onto the highway thereby exacerbating congestion at the Mitchell Drive/New England Highway intersection. The modelling of this option however was not pressed by the Council due to the fact that the land comprising the former alignment of Metford Road is subject to an Aboriginal land claim which has been with the Minister for Lands since around 2004 and is as yet undetermined and there was no certainty that the matter would be resolved within the DA assessment timeframe for the expanded centre.

The Paramics model supports the option containing the Chelmsford Drive extension link road as delivering the best overall network performance in the context of the expanded centre.

The traffic management solution currently before the Council is based on a philosophy that the broader collector roads surrounding the centre should be better utilised to more efficiently distribute traffic to the wider network rather than concentrate the majority of the centre’s traffic at the New England Highway/Mitchell Drive intersection. This approach gives visitors to the Stockland development and wider Green Hills commercial precinct greater choice in terms of routes to and from the precinct.

The scope of works proposed were endorsed by the RTA’s Regional Development Committee on 10 August 2011 and are shown on the plans contained under Attachment 4 and includes the following key elements:

Page (49) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) • Signalisation of the two major access points to the centre being on Mitchell Drive and Molly Morgan Drive. The plans show the general layout of these intersections and the required lane configurations on Mitchell Drive and Molly Morgan Drive.

• Construction of a link road between the New England Highway and Molly Morgan Drive as an extension to Chelmsford Drive including a new roundabout at the junction of Molly Morgan Drive and the new link road. This will require reconfiguration of the existing lanes at the signals to accommodate the planned higher volume of through traffic to the new link road. Access for the three dwellings (21-25 Molly Morgan Drive) adjoining the proposed roundabout will be maintained by way of a 5.0 metre wide driveway within the road reserve adjoining the roundabout able to be accessed from either side of the roundabout. It should be noted that right-turn from the highway eastbound onto the new Chelmsford Drive link road will not be accommodated at this intersection.

• Construction of a slip lane adjoining the Mitchell Drive/Molly Morgan Drive roundabout to deviate left turning traffic from Mitchell Drive to the highway away from the roundabout itself. This approach frees up capacity at the roundabout to allow it to more effectively cater for right turn and through traffic from Mitchell Drive to the highway. The left turn movements from Mitchell Drive to the highway will be accommodated in a signal controlled three lane junction with signal phasing co-ordinated with the adjoining principal intersection.

• Modification of the Mitchell Drive/Molly Morgan Drive roundabout to make it two way circulating and incorporating an additional left turn lane from Mitchell Drive to Molly Morgan Drive.

• Molly Morgan Drive to be reconfigured to four lanes (two lanes in each direction) between Mitchell Drive and the new link road roundabout with the exception of the main signalised access to the centre. The RTA have required a central median be installed on Molly Morgan Drive from the main signalised centre access a distance of 50 metres towards the new roundabout. This will remove the ability for right-turn movements from Molly Morgan Drive into the George and Dragon Tavern requiring patrons to negotiate the new roundabout and double- back to the tavern.

• Reconguration of the Mitchell Drive/Stronach Avenue roundabout to dual lane circulating and in particular providing dual approach lanes from Mitchell Drive (east).

• Realignment of the left-turn lane from the New England Highway to the Chisholm Road and the incorporation of signals to control left turn movements.

All traffic works within the limits of the New England Highway and any proposal involving the installation of traffic signals will require the proponent to enter into a Works Authorisation Deed (WAD) with the RTA. Given the scope and distribution of the works proposed to be undertaken, the RTA has advised that multiple WAD’s would likely be required. The WAD(s) are required to be entered into prior to the

Page (50) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) commencement of works and detailed construction design work and the payment of security bonds against the works are part of the WAD process. The development consent conditions contain a requirement that the proponent enter into a WAD for the highway works and signalised intersection works.

Traffic Management – Pedestrians and Cyclists

Pedestrian connections to the expanded centre are also to be maintained and-or improved as follows:

• The existing pedestrian pathway from the New England Highway/Mitchell Drive signals running along the northern side of the McDonald’s restaurant is to be maintained and a new staggered median refuge incorporated into Molly Morgan Drive.

• A pedestrian pathway is also to be provided on the northwestern side of the proposed roundabout slip lane works on Mitchell Drive connecting the pathway on Garnett Road through to the signalised crossing at the New England Highway/Mitchell Drive intersection.

• Pedestrian pathways are also to be provided on both sides of the proposed Chelmsford Drive link road connecting to existing pathway infrastructure on Molly Morgan Drive. This will connect pedestrians to the signalised pedestrian crossings incorporated within the main centre access on Molly Morgan Drive.

• Pedestrian footways will be maintained along all frontages of the centre and replaced/upgraded where they are impacted by construction works. In particular a substantial length of the Mitchell Drive frontage of the site will comprise full width paving from kerb to property boundary which will be punctuated by street tree planting.

• The existing pedestrian refuge and associated connecting footpaths on the Stronach Avenue frontage of the development will be largely unaltered under the proposed development except where modifications are required in the vicinity of the expanded loading dock.

• The external pedestrian pathway system provides adequate connection to the principal internal pedestrian network at the following locations:

- Principal pedestrian access point to the centre is off Mitchell Drive. The proposed development significantly improves the relationship of the centre to Mitchell Drive by giving the centre a true street address. External paved footways connect directly to the main stairway and access ramps. - Stronach Avenue footpath connects to the ‘at grade’ pathway system running through the basement car park which then connects to the southern bank of travelators. - The Molly Morgan Drive footpath provides pedestrian connectivity between the staggered median refuge and signalized pedestrian crossings and the pedestrian access point to the centre located to the east of the existing

Page (51) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) Kentucky Fried Chicken outlet. This internal pathway connects to the mall access on the RL 32.0 Ground Floor Level.

Provision for cyclists is ‘on road’ in the immediate curtilage of the shopping centre. The proposal makes provision for cycle storage in addition to those racks that will be retained in the existing basement level car park. The additional storage will be located as follows:

• Bike cage adjacent to the proposed amenities to the rear of the existing petrol station • One bank of bike racks in close proximity to the travelator in the western corner of the RL 26.0 Basement Car Park. • Three separate banks of bike racks within the RL 32.00 Ground Floor Car Park in close proximity to mall entry points

Traffic Management – Delivery Vehicles

A total of five loading docks will service the expanded centre:

• Loading Dock 1 services the existing Woolworths and Coles supermarkets and will not be altered as part of the proposal • Loading Dock 2 is a new loading dock intended to service the proposed ‘discount department store’, ‘mini-majors’ adjacent to the dock as well as provide the main delivery point for a significant portion of the specialty retail shops on Level 1 of the centre. Dock 2 is located underneath the proposed discount department store and opposite the McDonald’s restaurant and will be accessed from Molly Morgan Drive. Access to this dock is restricted to left-in/left-out due to the central median required on Molly Morgan Drive and access to this dock will need to be off the New England Highway via the proposed link road and associated roundabout • Loading Dock 3 is a new loading dock and is intended to service the proposed mini-major (Dan Murphy outlet) which will be located on the site of the former Caltex service station. Dock 3 is located just off Mitchell Drive and is accessed by left-in off Mitchell Drive and left-out onto Molly Morgan Drive • Loading Dock 4 is a new loading dock which is to be located adjacent the Stronach Avenue/Mitchell Drive roundabout. Access is left-in off the roundabout and left-out onto Mitchell Drive. Dock 4 is intended to service the mini-majors and specialty retail stores located on upper level of the centre. Dock 4 is not designed to accommodate articulated vehicles and will be limited to use by medium rigid delivery vehicles • Loading Dock 5 is an extension of the existing Big W loading dock off Stronach Avenue and will service the proposed Myer Department Store and a number of mini-majors and specialty retail shops. Loading Dock 5 utilises the existing access point onto Stronach Avenue as the existing Big W dock

The above described loading docks are to be accessed by both large articulated and solid rigid delivery vehicles. Detailed plans have been provided for each of the proposed new loading docks. Australian Standard for Off-Street Commercial Vehicle Facilities (AS 2890.2-2002) has been applied to the loading dock areas for the vehicle types specified and found to be complying.

Page (52) ORDINARY MEETING AGENDA 11 OCTOBER 2011

Traffic Management – Public Transport

The development application proposes the relocation of the bus zone on the Mitchell Drive frontage of the site to better align with the main pedestrian access to the centre and to accommodate the second approach lane to the Stronach Avenue roundabout. The existing two bus shelters in Mitchell Drive are in generally good order and these can be relocated to the new bus zone location. In the event that the applicant wishes to replace these shelters then further consultation with Council will be required to ensure that an appropriate standard of shelter is provided. The applicant has been in consultation with Hunter Valley Buses who have given written support to the proposal.

Provision for taxis is also being provided for on the Mitchell Drive frontage of the development adjacent the bus zone.

A ‘community bus’ set-down/pick-up point is designated in the basement car park adjacent to the central travelator.

It is considered that the proponent has made adequate provision for public/community transport.

Car Parking and Internal Circulation

The existing centre provides approximately 1600 car parking spaces for a gross leasable area (GLA) of approximately 32000m2. This equates to a rate of approximately 1 space per 20m2 GLA.

The Maitland Citywide Development Control Plan – Chapter: Car Parking Requirements acknowledges that where “. . . the proposed development is an extension of an existing retail development which results in a total floor area above 1000m 2, additional parking demand could be less than proportional to the increase in floor area.” That is, for example, a doubling of retail floorspace may not generate double the amount of parking. Strict application of the parking rates set out under the DCP may not necessarily reflect the actual parking demand for the expanded centre.

Traffic consultant, Colston Budd Hunt and Kafes Pty Ltd, have conducted a parking demand analysis based on the Roads and Traffic Authority’s “Guide to Traffic Generating Developments”. These guidelines are based on extensive surveys which support the fact that the parking demand rate for a centre reduces as the centre size increases particularly for larger centres where there are large department stores and mini-majors involved. Applying the RTA parking demand formula to the proposed additional floorspace of 37,500m2 a further 1455 parking spaces would be required. However the development application plans show the provision of an additional 1610 spaces bringing the parking at the centre to approximately 3210 spaces.

The provision of the additional 1610 spaces equates to a rate of 1 space per 23m2 GLA which maintains close to the current rate of parking. Both Council and the RTA are satisfied that the volume of parking provided will satisfy the parking demand for the centre for the majority of the time. As with any centre however there will be a

Page (53) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) higher demand for parking at certain periods such as Christmas which may add pressure to the stock of parking provided.

The proposal involves the retention of the existing large basement car park with the only modification being in the south eastern corner adjacent Stronach Avenue where the high ground to ceiling level in this location is conducive to the construction of a mezzanine which will accommodate a further 147 cars. A small lateral extension of the existing basement car park is also proposed below the mezzanine which will accommodate a further 27 vehicles.

An addition to the basement parking is to be provided by excavating the existing ‘at grade’ parking area behind the existing Woolworths Plus Petrol outlet. This parking area will accommodate 191 spaces (inclusive of disability spaces).

The majority of parking on the site (2132 spaces) will be contained in multi-level (four (4) level) form adjoining the Mitchell Drive frontage of the site. Of these spaces 1014 will be undercover.

Total on-site parking is therefore broken down as follows:

Spaces undercover 2196 Spaces uncovered 1014

Total on-site parking 3210 spaces

Each of the car parking levels are internally accessible via a series of connecting ramps and principal driveway corridors giving patrons the ability to choose their entry point to and exit point from the expanded centre. These points are:

• Main signalised entry to Mitchell Drive which provides direct access to Level 2 Mitchell Drive car park • Main signalised entry to Molly Morgan Drive which continues to provide direct access to the existing basement car park below Coles/Woolworths and will additionally provide access to the extended basement car park behind the Woolworths Plus Petrol outlet • Secondary non-signalised left-in/left-out only access point adjoining the KFC site on Molly Morgan Drive providing direct access to the Level 2 Mitchell Drive car park and the Level 3 Mitchell Drive rooftop car park • Access direct to the Level 3 Mitchell Drive rooftop car park from the Mitchell Drive/Stronach Avenue roundabout • Existing secondary non-signalised access points on Stronach Avenue

The car parking areas are generally well laid out with Council requiring some adjustments to be made near the ingress/egress points to the street to maximise queuing opportunity on egress and minimise potential for queuing onto the street system.

The manoeuvring aisle widths are 0.5m below the requirements under the Council’s Car Parking DCP however this is compensated for by parking bays that are wider than Council’s minimum standard by 0.2m. The parking areas will be a low speed traffic environment and the geometry of the parking areas is considered generally adequate in terms of providing convenience, ease of access and safety for patrons.

Page (54) ORDINARY MEETING AGENDA 11 OCTOBER 2011

Council have been in discussion with the applicant and the RTA to determine what level of roadworks should be provided in conjunction with each respective stage of the development. The agreed outcome between the parties is detailed in Table #.

Stage No. Description Required Roadworks When Construction of Dan 1a Murphy’s on former Caltex Nil n/a service station site. Construction of mezzanine 1b car park within existing Nil n/a basement car park. Construct discount • New signalised access to centre on Prior to issue of department store adjoining Molly Morgan Drive; Occupation Molly Morgan Drive along • Upgrade of Molly Morgan Drive Certificate for with 15-20 specialty shops between 50m south of new centre Stage 2. and associated loading access and Mitchell Drive/Molly 2 docks and extended Morgan Drive roundabout ; and basement car park. • Upgrade of Molly Morgan Drive/Mitchell Drive roundabout excluding the Mitchell Drive bypass lane and additional left turn lanes onto highway. Construct main mall space • New signalised access to centre on Prior to issue of and specialty retail shops, Mitchell Drive; Occupation new department store • Upgrade of Stronach Avenue Certificate for (adjoining Stronach roundabout; Stage 3. Avenue) and food court • Upgrade of Mitchell Drive/New along with associated England Highway intersection loading docks and multi- including the bypass lane to the level car parking. Mitchell Drive/Molly Morgan Drive roundabout and associated left turn lanes to the highway, the additional through lanes to the highway and relocated left turn lane into Mitchell Drive; • Extension of Chelmsford Drive to provide the link between the New England Highway and Molly 3 Morgan Drive and associated roundabout at its intersection with Molly Morgan Drive; • Upgrade of the Chelmsford Drive/New England Highway intersection to accommodate the new Chelmsford Drive link road including extended left turn lane from highway into Chelmsford Drive; • Upgrade of Molly Morgan Drive between new link road roundabout and new signalised centre access; and • Reconfiguration of Chisholm Road to New England Highway signalised left turn lane.

Table 6. Roadworks Staging

Page (55) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) Nil roadworks are required for Stages 1a and 1b on the basis that these elements of the project do not bring on line any additional floorspace beyond that which is contained in the existing centre.

Economic Impact

The applicant was required to submit a detailed ‘economic impact assessment (EIA)’ with the development application. Council engaged Don Fox Planning to provide an independent peer review of the EIA documentation to ensure that the data provided and methodology adopted throughout the report were sound and to industry standards and therefore provided a sufficient basis upon which the Council could determine the DA.

The original 2008 development application was supported by an EIA prepared by Pitney Bowes Mapinfo which was updated in December 2009 in the form of a report titled “Stockland Green Hills, New South Wales – Economic Impact Assessment, December 2009” authored by Pitney Bowes Business Insight. A further report titled “Stockland Green Hills, New South Wales – Supplementary Economic Impact Assessment, December 2010” authored by Pitney Bowes Business Insight accompanied the revised development application scheme submitted in December 2010 and confirmed the findings of the earlier 2009 report. The EIA makes the following key observations:

• The existing centre with a floor area of around 32,000m2 of gross leasable retail floor area has a main trade area (consisting of a primary and secondary sector) which extends approximately 10km to the east and south of the centre, 20km to the west and 30km to the north. This trade area encompasses a resident population of approximately 97,620 persons;

• The ‘exit survey’ referenced in the EIA indicates that 84.4% of the respondents resided within the main trade area.

• A 2007 survey by Directional Insights found that 61% of the respondents would shop at Myer if it was provided at Stockland Green Hills.

• The centre would draw patronage from a much broader trade area in the event that a department store(s) was offered. This expanded tertiary sector would comprise:

- The tertiary north-west sector stretching north-west along the New England Highway capturing the townships of Singleton, Muswellbrook and Scone;

- The tertiary east sector containing the township of Raymond Terrace

- The tertiary south-west sector extending to the south-west of the main trade area to include Cessnock and the surrounding suburbs

Page (56) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) • In 2010 equivalent population terms the expanded tertiary sector created as a result of the expanded centre will encompass a population of around 191,000 persons.

• Additional annual sales to Stockland Green Hills resulting from the extended centre and expanded trade area catchment is estimated to be $131 million dollars in year 2014.

• The provision of a department store(s) at Stockland Green Hills will prevent a significant amount of escape spending to the major department store centres at Kotara and Charlestown. Escape spending was estimated in 2008/2009 to be approximately 20% of total retail spending within the current centres trade area.

• Strong residential population growth is projected within the trade catchment (particularly within the primary and secondary sectors) over the next 20 years. This is supported by the Lower Hunter Regional Strategy and the Maitland Urban Settlement Strategy which has provided a strategic framework for the delivery of substantial new urban release areas at Chisholm, Aberglasslyn, Lochinvar, Anambah, Farley, Louth Park and Gillieston Heights.

• The likely impacts on existing and proposed retail facilities within the total trade area of the extended Stocklands Green Hills Centre are projected to be in the normal competitive range.

• The trade impact on the Rutherford shopping precinct is estimated to be -4.0%

• The impact on the Maitland City Centre (with a total gross leasable floor area of around 44,000m2 in a street shopping format) is expected to be a combined -5.7% with retail facilities projected to achieve a trading level in 2014/15 (post expansion of Stockland Green Hills) slightly higher than the current estimated trade levels. Factors which help to limit the impact on the Maitland Town Centre are:

- The expanded Stockland Green Hills is not proposing an additional supermarket which would compete with existing supermarkets in Central Maitland;

- The addition of a third discount department store is within the capacity of non-metropolitan trade areas which can support discount department stores generally at a rate of one store per 30,000 – 35,000 residents. In this case the main trade area has a current population of around 100,000 persons;

- Maitland Town Centre is better located to service the needs of the areas of Lorn, Bolwarra Heights, Gillieston Heights and Aberglasslyn in relation to supermarket and discount department store spending as compared with Green Hills. This will mean that the trade level adjustments will be manageable for the existing Central Maitland anchor retailers and should enable the specialty retail traders that feed off the major retailers to remain viable;

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- Central Maitland continues to represent a major office and employment centre and it is expected that workers within the town centre will continue to direct part of their retail spending to Central Maitland traders.

• Estimated employment generation is around 2,437 direct jobs both at the centre and through the construction phase and a further 3,067 jobs through multiplier effects – this equates to 5500 jobs in total.

In its formal review of the applicants EIA on behalf of the Council, Don Fox Planning make the following key observations:

• The extent of the tertiary trade area to the north west to include the townships of Muswellbrook and Scone is not strongly supported by the surveys referenced in the EIA but nevertheless the predicted trade catchment is reasonable based on the inclusion of the department store, additional discount department store and broader range and number of specialty retail outlets;

• The population projections within the EIA for the total trade area are accepted although the assessment provides a confusing picture when breaking population down to the various trade sectors. It is acknowledged however that the variations are not significant and the likely impacts negligible.

• There are some anomalies in the data provided on escape expenditure to other centres, particularly Charlestown, Westfield Kotara, Newcastle City Centre, Stockland Glendale and Westfield Tuggerah for fashion shopping and higher order goods. The escape expenditure figure of 19.5% from the total trade catchment is questionable but even if it is a reasonable estimate it is not in itself a significant proportion of expenditure particularly given the allowances made elsewhere for the development to attract sales from beyond the trade area.

• While there may be a ‘novelty factor’ influencing shopping trends when the new expanded centre opens, this usually passes and particularly so in this case given that there are no new supermarkets proposed. The expanded Stockland Green Hills may be a focus for specific higher order purchases that were previously directed to Charlestown or Kotara but should not lead to a significant increase in convenience retail purchases.

• “The Maitland Town Centre can continue to function as a multi-faceted centre offering a variety of retail and non-retail services and facilities to the expanding population of the Maitland LGA . . . it is likely that the expansion of Stockland Green Hills may not impact significantly on the capacity of the town centre to continue to fulfill its functions. The impact assessments indicate that the Hunter Mall Shopping Centre within the Maitland Town Centre is likely to be the most affected by the proposed expansion of Stockland Green Hills. However, that impact, if correct, is within the range of reasonable impacts. In order for the Hunter Mall Shopping Centre to remain a competitive retail centre, some additional investment in the Centre may be necessary by the owners.”

Page (58) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) • Concludes that the EIA, while containing some technical anomalies, is “. . . based on sound methodology and the assumptions provided are considered reasonable.” Further that “. . . based on the estimates in that report, we can accept the conclusion that the impact on other centres and facilities is likely to be moderate only and there is likely to be significant community benefit as a result of the expansion of the Stockland Green Hills shopping centre.”

The expanded Stocklands Green Hills will provide a much improved range of retail opportunities for the Maitland community and beyond and it is entirely reasonable that a city projected to grow to a population of around 130,000 by 2031 have the benefit of a department store and the associated broader specialty retail offering within a local commuting distance for convenience, amenity and lifestyle. The employment generating potential of the development, both during the construction phase and operational phase combined with the indirect employment opportunities are of significant benefit for the area.

It is not the role of Council to consider the impact of a development such as the proposed Stockland Green Hills expansion merely in the context of market competition and how this might affect the viability of another business or range of businesses. Rather, the role of the Council is to consider whether the approval of the development would result in there being such a significant impact on another commercial centre that this centre could not maintain its function in providing an appropriate range or level of services to the community. The EIA has identified that the expanded Stockland retail centre will have an impact upon trading levels in the Maitland CBD for the short term however this impact is within the normal range for this type of development. The Maitland CBD will need to continue developing strategies to maintain and improve its attractiveness as a retail centre – these strategies include innovative marketing and in some cases the need for upgrading of ‘tired’ assets.

It should be noted that the proposed development will attract a Section 94A contribution of $1.55million. Section 94A plans offer the Council considerable flexibility in terms of where and on what items Section 94 levies can be spent. Council may decide to allocate a significant portion of these funds towards public assets and infrastructure projects within the Maitland CBD in order to improve the functioning and amenity of this precinct to help mitigate the impact from the expansion of Stockland Green Hills. The Council may wish to consider requesting a further report specific to the issue of Section 94A expenditure.

Built Form

The existing Stockland retail centre offers extensive external parking areas on a single level on its frontage to both Mitchell Drive and Molly Morgan Drive. The centre itself is located well away from these principal street frontages and is located at a level well below that of the adjoining public footpaths. The result has been a centre that does not relate well to the public domain, does not create a strong sense of identity by reinforcing the streetscape and is overly ‘car focused’ rather than achieving a good balance between motor vehicle and pedestrian access needs.

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DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) The revised 2010 development scheme addresses these major design short comings of the existing centre.

The proposal retains approximately seventy five percent of the floorspace of the existing centre to enable improved continuity of trade through the construction process. The majority of the new development is concentrated on the Mitchell Drive and Molly Morgan Drive frontages with some modification of the loading dock on Stronach Avenue. The additional floorspace is to be achieved by adding a second level to the centre which will bring the finished floor level closer to the existing street level on Mitchell Drive. Multi-level parking will be provided along the Mitchell Drive frontage of the development including roof top parking however these parking areas will not be visible from the street.

The proposal incorporates a strong pedestrian entry to the Mitchell Drive frontage of the site which is directly adjacent to the public transport drop-off and collection zones. Whereas the existing centre is comprised totally in concrete tilt panel concrete profiled and painted to provide some architectural interest, the Mitchell Drive frontage incorporating the main pedestrian entry point is to consist of a much wider variety external building finishes – extensive use of face brick, profiled tilt panel, glass, fibre cement sheet and steel cladding. The building is to be located directly on the street boundary and large cantilevered awnings are to extend over the public footway area. The street elevations are punctuated by deep recesses at the pedestrian entry point, alfresco dining areas (linking to the internal food court), main car park access and loading docks – these recesses create the opportunity to provide a good level of articulation in the façade to create shadow lines and effectively reduce the mass of the building. The main pedestrian entry will incorporate a feature wall adjoining the disability access ramp and glass balustrades to the ramp and stairway. Landscaping will be integrated into the architecture of the building at the entry in the form of a large integrated planter box.

There will also be a substantial change to the Molly Morgan Drive streetscape. The proposed additional discount department store ‘box’ will be constructed over the top of the existing Woolworths Plus Petrol outlet. The majority of the building will be set back around 6.0 metres from the Molly Morgan Drive street boundary however the goods transfer lift towers connecting the ground level loading docks to the first floor retail level will project forward to the street boundary. The loading dock and associating access will be located on the Molly Morgan Drive frontage however the visual impact of this facility on the street will be reduced by virtue of its location predominantly under the building and by the inclusion of a screen fence across the loading dock which leaves only the driveway access open to the street. The loading dock screen fence will be integrated into the architecture of the building. Materials proposed for the discount department store box are a combination of architectural grade metal cladding and profiled pre-cast concrete panels.

The Myer department store ‘box’ is to be located at the corner of Stronach Avenue and Mitchell Drive. The architectural finishes will comprising profile coloured concrete panel and painted fibre cement sheeting to create contrasting relief at the western corner and to create interest to the loading dock enclosure. The architectural treatments for this part of the development will convey a building of clean, modern and uncluttered lines.

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The height of the development varies across the site due to the fall in the land both from Mitchell Drive to the Two Mile Creek corridor (a crossfall of approximately 13 metres) and from the Mitchell Drive/Stronach Avenue roundabout down to the Mitchell Drive/Molly Morgan Drive roundabout (a crossfall of approximately 4 metres).

The height of the buildings are shown in the following table:

Height above Existing Ground Location / Description Comment Level at Street Boundary (m) Western corner of new Myer box adjacent 12 Stronach Ave roundabout. Comparable to maximum height Southern corner of new Myer box 17 of the existing Big W box on adjacent Stronach Ave Stronach Avenue Far southern corner of development – Big W box adjoining Stronach Avenue and 16 No Change Two Mile Creek corridor Some blade walls and towers Mitchell Drive 12 - 15 constructed to a height of 17m Lift towers constructed to 18 – Molly Morgan Drive 13.5 – 17.5 19.5m Highest part of building – travelator This height is relative to existing 20 overruns adjacent roof top car park ground line below rooftop car park

Table 7. Building Heights

The height of the proposed building is considered appropriate for the following reasons:

• The site is significant with an area of over 12 hectares and extensive frontages to Mitchell Drive, Molly Morgan Drive and Stronach Avenue. It is largely a ‘stand alone’ centre and the site does not have the constraint of having to integrate with existing development in an established streetscape; • The site enjoys the benefit of large setbacks to adjoining properties by virtue of wide road reserves and a broad creek corridor to the south-east. This means that issues normally associated with taller buildings – overshadowing and privacy impacts are negligible; • The revised 2010 development scheme concentrates the building height and mass towards Mitchell Drive thereby preserving the integrity of the adjoining Two Mile Creek corridor running through the south-east of the site; • The development remains well below the maximum floorspace ratio of 2:1 specified under the Maitland LEP 1993; • The height of the development has been cleverly addressed in the architectural treatments to reduce the perceived scale and mass of the structures. Discrete building modules in the form of boxes have been located at key positions on the site – Myer, discount department store, Dan Murphy’s – and connected via the main mall space and specialty retail links incorporating the main entry with associated food court outdoor dining areas. The juxtaposition of these elements to create articulation in roof heights and vertical wall surfaces and the use of a

Page (61) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) variety of external building materials, colours and textures all contribute to create a high quality building which responds well to its site and surrounding development.

Overall the architecture of the development is a significant improvement over the existing centre. The development will make a positive contribution to the ‘built environment’ of the City.

Social Impact

The proposed development will have a positive social impact on the basis of the following.

• The local community will benefit by the increased opportunity for employment created by the development - 2,437 direct jobs both at the centre and through the construction phase and a further 3,067 jobs through multiplier effects; • The Maitland community and people who live and work in the associated trade catchment of the centre will be able to save time by having a department store, additional discount department store and broader range of specialty offerings in a close and convenient location and hence able to avoid the need to travel to Newcastle, Charlestown and Tuggerah for this range of products; • The design of the centre provides a much improved connection to public transport drop-off and collection points; • The proposed development maintains or enhances the pedestrian connection points to the external road network and provides good levels of pedestrian penetration through the site; • The location of the internal food court adjoining the Mitchell Drive frontage of the site provides the opportunity to create two separate ‘al fresco’ dining areas adjacent to and slightly elevated above the street. This has the effect of ‘engaging’ the street and contributing to a more active and interesting public space; • While the proposed external road network improvements are essentially driven by the expansion of the centre, the broader Green Hills commercial precinct will benefit from improved access to and from the New England Highway; • Stockland have included within the main mall space a childrens playground, a stage area for community presentations and performances and a meeting room that can be booked by community groups.

The four (4) main ‘crime prevention through environmental design’ (CPTED) principals have been incorporated into the design of the proposed centre expansion. These are:

• Surveillance • Access Control • Territorial Reinforcement • Space Management

These principals are particularly relevant to the following areas within the centre:

Page (62) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) New loading dock areas. Loading Docks 2, 3 and 4 are not located within or adjacent to defined internal customer pedestrian routes. These dock will be clearly signposted and the pavement linemarked to restrict public entry. The docks will also be provided with lighting to ensure that adequate and safe levels of light are available over the full range of centre operational hours.

Basement undercroft parking areas. Artificial lighting will be provided to all basement car parking areas during all centre operational hours with a reduced level of security lighting provided during non-operational hours. Good sight lines and hence opportunity for natural/casual surveillance will be provided throughout the car parks from the main entry locations. Large format signage will be provided in these areas to direct customers to the mall entries.

Lighting of key pedestrian routes within car park areas will be undertaken similar to that provided for the existing centre with this lighting being sufficiently robust to resist vandalism and potential for lighting failures. The ceiling surfaces of parking areas will be painted to increase brightness in those areas of the car park where there is poor natural light penetration or the need to improve the effectiveness of artificial lighting.

Management of the undercroft car parks will be addressed in the Operational Management Plan (OMP) for the centre which will involve input from tenants particularly in relation to pattern of trading hours. The car park design and internal vehicle circulation paths is conducive to sections being partially closed off for late night trading to ensure that activity in the parking areas is concentrated around the travelators leading to those parts of the centre where tenants are trading. Those tenants providing late night trade (eg. Coles and Woolworths supermarkets) are responsible under their respective lease agreements with Stockland to provide additional security personnel during these hours.

Service and egress corridors. Service and egress corridors are inevitable in a development of this type to meet the servicing needs of the individual tenants and to comply with the Building Code of Australia. They do however provide concealment opportunities for potential offenders. On both retail levels, all fire egress corridors will also act as service corridors to the specialty shops with there being greater likelihood of personnel movement between the loading docks and retail areas. These corridors will be well illuminated.

Public amenities areas will be accessed by wide (and in most cases short) hallways which have a direct connection to, and are open to the main mall spaces. These corridors will be well illuminated and floor, wall and ceiling finishes will be consistent with those within the mall and therefore presenting it as an extension of the mall.

New ATM locations. The inclusion of automatic teller machines (ATM’s) in convenient locations throughout modern shopping centres has become the norm however they are a natural attraction for potential offenders and should be located in well lit, high use areas with good visibility. The design of the expanded retail centre is not yet developed to the level of detail where specific ATM locations are identified, there is more than adequate opportunity within the extensive public mall spaces provided to locate ATM’s in accordance with sound CPTED principles.

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The Council can be satisfied that the design and management of the development will deliver a satisfactory level of safety for both patrons and staff.

Ecology

Unlike the initial 2008 proposal which involved realignment of the Two Mile Creek channel and construction over the channel, the revised December 2010 development scheme does not propose any substantial works to the south-east of the existing developed area of the site within the Two Mile Creek corridor. The only works proposed are the small ‘at-grade’ extension to the existing basement car park and the erection of an additional pylon sign in the eastern corner of the site near Molly Morgan Drive. The car park extension will involve some minor filling and retaining wall works but will not involve the removal of any trees. These works are substantially offset from the creek channel and the NSW Office of Water has not raised any concern with this aspect of the proposal in its issue of General Terms of Approval (GTA’s). The proposed pylon sign adjoining Molly Morgan Drive will occupy only a small footprint of around 10m2 and will not have any significant impact on the existing vegetation communities located along the creek corridor. The 2010 development application was accompanied by a report titled “Statement of Effect on Threatened Flora and Fauna for the Proposed Expansion of Stockland Green Hills” prepared by Wildthing Environmental Consultants and dated November 2010. The report incorporated a ‘seven part test’ as required under Section 5A of the Environmental Planning and Assessment Act 1979 and included the relevant considerations under the Commonwealth Environment Protection and Biodiversity Conservation (EPBC) Act 1999. The report identifies the Two Mile Creek corridor within the Stockland holding (Lot 311) as containing approximately 1.6ha of the Endangered Ecological Community (EEC) known as Lower Hunter Spotted Gum Ironbark Forest but notes that the extent of works proposed will not impact on this community. Fauna surveys undertaken by the ecological consultant identified three threatened fauna species on the site – Squirrel Glider, Eastern False Pipistrelle and Little Bentwing-bat. The Squirrel Glider occupies a den tree on the site but the report acknowledges that no habitat trees will be impacted on the development site itself. The report recommends that a weed management plan be implemented to control infestations of Blackberry and Kikuyu but otherwise concludes that development on Lot 311 will not have a significant impact on any Endangered Ecological Community or threatened species occurring in the local area.

The 2010 development scheme was however supplemented in April 2011 with plans for a proposed road being an extension of Chelmsford Drive connecting the New England Highway through to Molly Morgan Drive. This ‘link’ road runs along the south-eastern side of the creek and involves the removal of some trees within an existing isolated cluster of trees located between Two Mile Creek, Molly Morgan Drive, New England Highway and an existing medium density housing development known as 20-22 Molly Morgan Drive.

The April 2011 addendum to the development application included a supplementary ecological report entitled “Seven Part Test on Threatened Flora and Fauna for Chelmsford Drive Option at Stockland Green Hills” prepared by Wildthing Environmental Consultants and dated April 2011. This report deals specifically with

Page (64) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) that area of land located between the New England highway and Molly Morgan Drive on which the proposed link road is to be located.

The supplementary ecological report identifies the vegetation communities as a small (0.85ha) isolated pocket of disturbed Lower Hunter Spotted Gum-Ironbark Forest (of which 0.26 hectares will need to be removed to accommodate the road) and wetland. The fauna investigations included surveys for birds, bats and reptiles/amphibians. A hollow bearing tree survey was undertaken along with a habitat assessment for threatened species. The site contains a potential den tree for a Squirrel Glider however the site is unlikely to represent significant habitat for a viable local population. The report concludes that the proposed road link will not have a significant impact on threatened flora and fauna species provided the recommendations in relation to weed management, nest box installation augmentation planting and supervision by an ecologist prior to clearing are implemented. The development consent will be conditioned to require compliance with the recommendations of the flora and fauna assessment report.

Stormwater Management

The development application is accompanied by two stormwater management reports as follows:

• “Stormwater Management Plan – Stockland Green Hills, East Maitland” Rev C dated November 2010 and prepared by Henry and Hymas Civil and Structural Engineers Pty Ltd

• “Proposed Chelmsford Drive Link Road – Stormwater Management Report” – Ref C0100380-R01.2, Issue No.2 dated 8 April 2011and prepared by Smart Civil.

The Henry and Hymas report specifically addresses the management of stormwater associated with the development of the expanded shopping centre itself on Lot 311. The report is to be read in conjunction with the relevant stormwater and sediment/erosion control plans submitted with the application. The proposed shopping centre expansion will not result in a significant increase in impervious surfaces over and above the existing shopping centre development on the basis that the new development will occupy largely the same footprint (the floor space increase is being achieved through vertical expansion as well as locating buildings over existing impervious car parking areas). Notwithstanding, the report recognizes, that the development may lead to a small increase in peak stormwater discharges to the adjoining Two Mile Creek in a 100 year ARI storm event. It is essential that the development not lead to an increase in flood level in the 100 year ARI storm event given the potential to impact the New England Highway located a short distance downstream. The development application proposes on-site detention in the form of sub-surface storage tank (approximate capacity 265m3) to ensure that post- development stormwater discharge reflects pre-development stormwater discharge rate and volumes for the 100 year ARI storm event. A water storage tank for water re-use on the site is also proposed (approximate capacity 200m3). These tanks are to be located adjacent the existing basement car park below and to the south-west of the Woolworths loading dock.

Page (65) ORDINARY MEETING AGENDA 11 OCTOBER 2011

The Smart Civil report specifically addresses the management of stormwater associated with the development of the proposed Chelmsford Drive link road. The two issues of importance in the design of the link road are:

1. Ensure that the road does not encroach into the Two Mile Creek channel thereby exacerbating flood conditions for adjoining properties upstream and the highway culvert located downstream at the New England Highway.

The preliminary drainage investigations indicate that the 100 year ARI storm event for Two Mile Creek is approximately 14.0m AHD in the location of the proposed link road. The final engineering design for the road will attempt to locate the roadworks and any associated filling to be either at or above RL 14.0 AHD. Where some minor filling is required then adjustments to the upstream channel are to be carried out to ensure that existing flood storage capacity is maintained. It should be noted that the design of the road adjacent to Two Mile Creek and the execution of these works must be in accordance with the NSW Office of Water General Terms of approval dated 26 May 2011.

2. Ensuring that adequate provision is made to accommodate the stormwater flows down the secondary watercourse that runs between the two sections of the adjoining medium density housing development.

This watercourse is currently a well formed and maintained grass drain with a concrete v-drain at its invert which passes under the existing pedestrian pathway connecting to the adjoining highway traffic signals via a series of low capacity pipes. The proposed link road will need to be provided with a larger culvert to accommodate the peak flow within this watercourse. The design of this culvert shall ensure that there is no increase in flood level in the formed channel at the point where the channel terminates.

The detailed design for the stormwater works will be required prior to the issue of the Construction Certificates for the relevant stages of the project.

Sediment and erosion control plans have been submitted with the development application and are considered generally satisfactory in terms of preventing sedimentation of Two Mile Creek. A consent condition requires the applicant to carry out the development in such a manner that erosion is minimized that the environmental condition of the creek is not compromised.

Amenity – Noise (Construction)

The construction noise impacts from the development are likely to be significant at various stages of the construction process and will not be able to achieve compliance with the NSW Industrial Noise Policy (INP) criteria. The acoustic report titled “Stockland Green Hills Shopping Centre Redevelopment – Noise Assessment (Report No. 06289-1 Version B)” prepared by Wilkinson Murray dated November 2010 identifies the nearest residential receivers being located in Knoll Crescent to the south-east and on Stronach Avenue to the south-west. The applicable noise goals for these receptors are 53dBA and 59dBA respectively. The predicted exceedences for the various phases of the development can be determined by comparing the noise level for each construction phase with the noise goal as shown in table 8 below:

Page (66) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) Hydraulic Noise Location Hammer Demolition Foundation Superstructure Goal (any phase) Knoll Crescent 59-67 54-62 53-70 49-68 53 Stronach Avenue 59-68 54-63 53-70 49-68 59

Table 8. Calculated Construction LAeq Noise Levels (dBA) – Source: Wilkinson Murray, 2010

The acoustic report indicates that exceedances of this order are common for construction projects of this magnitude where there is relatively close proximity to residential uses and that the noise levels provided are a worst case scenario. In order to minimise the impact of construction noise, the Wilkinson Murray report recommends the following measures:

• Construction that is audible at residences should be limited to the DECCW recommended standard hours of 7.00am - 6.00pm Monday to Friday and 8.00am – 1.00pm Saturdays with no audible work on Sundays or Public Holidays;

• If extensive use of hydraulic hammers is required, respite times should be scheduled;

• Use of the quietest available plant, which is regularly maintained and fitted with appropriate mufflers.

• A Noise and Vibration Management Plan should be included in the Environmental Management Plan for the project. The plan should be prepared during the project planning process, including components relating to noise. This plan should detail the mitigation, monitoring and community liaison measures. The plan should be updated to incorporate any additional measures that emerge as the project design evolves and work methodologies become better defined.

The development application consent conditions incorporate a requirement that the Construction Management Plan include a Construction Noise and Vibration Management Plan which takes into account the recommendations of the Wilkinson Murray report.

Amenity – Noise (Expanded Centre Operational)

The expanded centre has the potential to impact on the local noise environment in the following ways:

Operation of loading docks. Unlike the original 2008 development scheme which involved the construction of a second level loading dock and associated heavy vehicle access ramp above the Coles/Woolworths loading dock, the revised scheme (Dec 2010) involves no alteration to the configuration of the loading dock area servicing Woolworths and Coles supermarkets. On this basis there is not expected to be any additional loading dock related noise impacts on those residents located on the south-east boundary of the Stockland site.

Page (67) ORDINARY MEETING AGENDA 11 OCTOBER 2011

The "Stockland Greenhills Shopping Centre Development - Noise Assessment" (Report No.06289-1 Version B) dated November 2010 and prepared by Wilkinson Murray addresses the acoustic impact of loading dock activities on the nearest residences within the Stronach Avenue retirement village. The existing loading dock servicing Big W and its associated access onto Stronach Avenue are to remain however an additional loading dock is to be provided on the northern side of the loading dock forecourt utilising the same driveway access off Molly Morgan Drive. The noise assessment concludes that the use of the loading docks complies with the relevant averaging criteria under the Industrial Noise Policy (INP) for day, evening (allowing for similtaneous deliveries to both docks)and nightime periods (allowing for one delivery to either dock). However the nature of some loading dock noise eg 'crashes and bangs' does not meet the sleep disturbance criteria (maximum) under the INP of 57dBA. The acoustic assessment recommends the installation of a 1.8m high barrier along the Stronach Avenue frontage of the loading docks, the installation of rubber matting in dock areas to minimise trolley impact noise, installation of sound absorptive panels to walls and soffits in the loading dock and minimising night time truck deliveries as a means of achieving compliance with the INP sleep distrurbance criteria. The recommendations of the acoustic assessment will be included in consent conditions.

Operation of mechanical plant. The development application plans show no additional rooftop plant located in the vicinity of the existing Coles and Woolworths supermarkets and it is expected that there will be no significant acoustic impact upon those residents that adjoin the development site on the opposite side of Two Mile Creek. A consent condition will however require a detailed acoustic assessment to be undertaken at the detailed design phase for mechanical plant to determine the need for noise mitigation measures with reference to the DECCW’s Industrial Noise Policy.

Car parking areas. The types of noise that are typically associated with the use of car parks are vehicle engine noise, car doors shutting, trolley noise (including collection) and to a lesser extent conversation between people. The car parking areas proposed under the 2010 revised scheme are not expected to be a significant source of noise generation largely due to their separation distance to residential receivers. Unlike the original 2008 development scheme which proposed a major extension (230 spaces) to the existing basement car park over the Two Mile Creek corridor and substantially closer to the existing residents adjoining the southeast boundary, the revised 2010 scheme does not propose any significant expansion of the existing basement car park closer to existing residential properties to the south- east. A minor extension to the existing ‘at-grade’ basement car park to accommodate 27 cars is proposed along with the construction of a mezzanine in the southern corner of the basement car park to accommodate 147 cars. The existing basement car park setback to the dwellings on the south-east boundary of the site on the opposite side of the Two Mile Creek corridor is 110 metres and this is to be maintained.

The proposed roof top parking area is located towards the Mitchell Drive frontage of the site and maintains a setback of approximately 220 metres to the established residential area to the south-east. The car park is however within 100 metres of the

Page (68) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) nearest residential property in The Boulevarde. The roof top car park is unlikely to be required beyond 9.30pm into the extended trading period for the supermarkets and as such a consent condition will require that access to the rooftop car park not be permitted generally beyond 10.00pm. It is noted that some exceptions to this may be on the lead up trading peak to Christmas. Daytime usage of the rooftop car parks is unlikely to be a major contributor to background noise levels given the amount of activity within the broader Green Hills broader commercial precinct and the night time period closure for the rooftop car park should ensure that adequate levels of amenity for surrounding residential uses are maintained.

Amenity – Noise (Traffic on Chelmsford Drive link road and new roundabout)

The supplementary acoustic assessment entitled "Stockland Greenhills Proposed Link Road - Noise Assessment” (Report No.06289-R, Version B) dated April 2011 prepared by Wilkinson Murray provides a detailed assessment of road traffic noise impacts on Molly Morgan Drive specific to the Chelmsford Drive link road.

The Department of Environment and Heritage’s publication “Environmental Criteria for Road Traffic Noise” (ECRTN) establishes the criteria for assessment of road traffic noise. The Chelmsford Drive link road and Molly Morgan Drive are categorised under the ECRTN as collector roads and the appropriate noise criteria are: Daytime (7.00am – 10.00pm) L Aeq,1hr = 60dBA Night Time (10.00pm – 7.00am) L Aeq,1hr = 55dBA

Note: LAeq means equivalent continuous sound level and is the energy average of the varying noise over the sample period and is equivalent to the level of a constant noise which contains the same energy as the varying noise environment.

The ECRTN indicates that where the LAeq of the existing noise environment is already above the criteria then traffic arising from the development should not lead to an increase in existing noise levels of more than 2dBA.

The April 2011 noise report pays particular regard to noise impact on those properties at 21-25 Molly Morgan Drive and also the medium density housing units at 22 Molly Morgan Drive which back onto the highway and share a boundary with the existing Council reserve in the context of the proposed Chelmsford Drive link road which was not specifically assessed under the original 2010 noise report. Measuring and modelling is undertaken for the existing (no expanded centre 2009) scenario and these results show that:

• The existing road traffic noise for 21-25 Molly Morgan Drive is already above the ECRTN criteria ranging between 64dBA and 66dBA; • The existing road traffic noise for the unit in the adjoining medium density housing development (10-22 Molly Morgan Drive) closest the link road is already at or above the ECRTN criteria ranging between 60dBA and 65dBA depending on the orientation of the building façade;

The ECRTN daytime and night time criteria do not apply given that the existing noise environment is already above the criteria. Projected (with expanded centre) noise levels should therefore not exceed the 2dBA over existing levels.

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DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) The noise environment is then modelled by applying the projected traffic volumes for the expanded centre (2024 scenario). The results show that:

• Projected road traffic noise for 21-25 Molly Morgan Drive show the noise environment remianing relatively stable ranging between 64dBA and 65dBA (increase of 1 dBA);

• The existing road traffic noise for the unit in the adjoining medium density housing development (10-22 Molly Morgan Drive) closest the link road would experience increases of between 4dBA and 7dBA above existing levels for north facing and west facing upstairs facades and for ground level north facing facades;

Projected exceedences of the 2dBA allowance therefore occur only for the medium density housing unit nearest the link road. The Wilkinson Murray report recommends the following measures to mitigate the noise impact to achieve compliance with the ECRTN criteria:

• Either a 4 metre high or 5 metre high acoustic barrier approximately 90m in length along the southern side of the proposed link road to shield the ground floor of the nearest residences;

• If a lower barrier is adopted then architectural treatments to the upper level of the closest unit in the form of ventilation or air conditioning would alternatively be required to allow windows to be kept closed.

Council advised Stockland that a 4.0 metre high acoustic barrier would be a preferred option on the basis that a 5.0 metre high wall would be an overly dominant visual element adjoining the link road. The applicant has agreed to pursue the 4.0 metre high wall and is in discussion with the owner of the affected medium density unit regarding the installation of air conditioning.

A consent condition will require the proponent to undertake noise mitigation measures in accordance with the recommendations of the Wilkinson Murray report.

Notwithstanding the findings of the Wilkinson Murray report the Council requested Stockland to consider installation of additional acoustic mitigation measures for 21- 25 Molly Morgan Drive. The reasons for this were twofold:

1. The noise level modelling is an estimate only of projected noise resulting from the ‘expanded retail centre’ scenario. Given that the results were very close to the ECRTN criteria then the precautionary planning principal would suggest that some mitigation would be appropriate; and

2. The ECRTN was replaced by a new guideline, the “NSW Road Noise Policy” (RNP) on 1 July 2011. This policy contains transitional provisions which enable the Council to consider development against the ECRTN where the application was lodged prior to the coming into force of the NSW Road Noise Policy. The RNP adopts a new classification system for roads and the Chelmsford Drive link road and Molly Morgan Drive would be classified as a ‘sub-arterial road’. The assessment criteria for daytime and night time periods under the RNP are both set at 5dBA lower than the same periods under the ECRTN. If the

Page (70) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) application were being assessed under the current RNP then noise mitigation for 21-25 Molly Morgan Drive would be required.

Stockland have agreed to pursue additional noise mitigation measures to benefit 21- 25 Molly Morgan Drive. This mitigation is in the form of:

• A 2.4m high solid barrier located within the landscaped area on Molly Morgan Drive between the front property boundaries and the proposed roundabout over the length of the frontages of 21-25 Molly Morgan Drive. This barrier is shown on the landscape plans for the roundabout and will also provide the function of preventing headlight glare penetrating the street facing windows of those dwellings directly adjoining the roundabout;

• The installation of double glazing and/or airconditioning which would be installed prior to the commencement of construction works on the roundabout and associated link road.

While Council cannot require the carrying out of works on the property of a third party as a consent condition, copies of the formal letters of offer which have been sent to the respective landowners by Stockland have been provided to the Council. Council can have the confidence that the Stockland are genuine in their approach to ensure that reasonable levels of noise mitigation are provided. In the event that Stockland and the owners of 21-25 Molly Morgan Drive are unable to reach agreement on the installation of noise mitigation measures, then the 2.4m barrier adjacent to the roundabout will suffice.

Aboriginal Archaeology

A detailed indigenous archaeological investigation was undertaken by HLA Envirosciences in 1999 in conjunction with the previous development application for the Stockland retail centre. This report did not locate any artefacts or sites of significance on the site and therefore did not require an approval under Section 90 of the National Parks and Wildlife Act 1974 to remove, disturb or destroy any identified object or site. The report noted that the lack of archaeological sites on the land was “consistent with previous archaeological work in the area that indicated that sites were of a relatively low density away from the major swamps and wetlands”. Given that the revised 2010 scheme does not propose works outside the construction footprint of the existing centre, there is no warrant for further archaeological investigations on the shopping centre site itself.

The Chelmsford Drive link road is to be constructed immediately adjacent to the Two Mile Creek corridor. There has been significant disturbance in this area with the construction of the Highway, Molly Morgan Drive, pedestrian pathways and drainage works and also the development known as the Chelmsford Centre (containing Hog’s Breath, Good Guys, Bakers Oven etc), which involved extensive site filling and installation of large box culverts to contain the entire Two Mile Creek channel. The land proposed for the link road is located in a landscape unit similar to that which was the subject of the previous HLA Envirosciences investigations a short distance upstream and it is unlikely that construction of the link road will impact on any significant Aboriginal objects or sites. Notwithstanding, a consent condition will require that all work cease in the event that any object or site is found during the course of construction works and that the object/site is properly investigated and

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DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) where required, approval of the NSW National Parks and Wildlife obtained prior to recommencement of construction works.

Section 79C(1)(c) the suitability of the site for the development

Lots 311 and 22 collectively make up the development site for the centre itself and are considered suitable for the proposed development posing no significant constraints other than the presence of Two Mile Creek with its associated flooding and ecological values. The proposal currently before the Council is a significant improvement over the original 2008 scheme which involved significant works within the Two Mile Creek corridor.

The proposed centre development itself will be constructed over the top of the existing development footprint and will not significantly impact any ‘natural’ spaces on the site. The development is surrounded on three sides by wide road reserves and the Two Mile Creek corridor to the southeast – this effectively buffers the development from the majority of commercial land in the Green Hills precinct and particularly residential uses.

The section of the Two Mile Creek Corridor between Molly Morgan Drive and the New England Highway is the location for the proposed Chelmsford Drive link road and associated roundabout. This land is subject to flooding below approximately RL 14.0m AHD and contains a small isolated stand of Lower Hunter Spotted Gum Ironbark Forest (a listed ‘Endangered Ecological Community’ under the Threatened Species Conservation Act 1995). The April 2011 addendum to the 2010 development scheme formally incorporated the Chelmsford Road link into the DA and included a preliminary drainage study and flora and fauna study. The drainage study identified that the subject land would be suitable for the link road and roundabout provided there is no significant encroachment of fill material for road support below RL 14.0m AHD which would otherwise reduce channel cross section and its floodwater conveyance capacity. The flora and fauna assessment concluded that the roadworks would have no significant impact on the EEC subject to there being compensatory planting to replace those trees requiring removal and subject to the installation of nest boxes to offset the removal of those trees with hollows that would represent potential habitat. Consent conditions have been included which address the recommendations of both the stormwater drainage and ecological reports.

The Wilkinson Murray acoustic assessment for the road link also incorporates recommendations for acoustic mitigation measures (90m long noise barrier adjacent to link road and air conditioning to the first floor level of the nearest medium density housing unit at 10-2 Molly Morgan Drive) to ensure that residents are not exposed to unreasonable levels of road noise. Again, consent conditions require implementation of the recommendations of the Wilkinson Murray report.

The impacts of the development are capable of competently being managed by design and or consent conditions and both sections of land (shopping centre site and road corridor) are considered generally suitable for development.

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DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) Section 79C(1)(d) any submissions made in accordance with this act or the regulations

The development application was placed on public exhibition/notification on four separate occasions in response to progressive revisions to the development proposal in accordance with the provisions of the Maitland Citywide Development Control Plan – Chapter Advertising and Notification of Development Applications. The details of these exhibition periods along with the number of submissions received have been included in Table 1 to this report.

Provided at Attachment 6 to this report is a ‘Submissions Summary and Response Table (SSRT)’ which provides a detailed discussion of each of the key issues raised during the exhibition periods. The table breaks the submissions down into two groups:

• The first section dealing with the first two exhibition periods which related to the original 2008 development scheme ; and • The second section dealing with submissions lodged with respect to the significantly revised 2010 development scheme and the subsequent addendum to that scheme which incorporates the Chelmsford Drive link road.

The second section of the SSRT is of most relevance as it deals with the development application currently before the Council. Copies of the submissions received are provided at Attachments 7 and 8.

It is noted that the submissions received were from local businesses principally concerned about access arrangements and traffic and from local residents on the issues of traffic and amenity impacts principally in the form of noise and lighting. The introduction of the Chelmsford Drive link road and its associated impacts proved to be the most significant issue. It is noteworthy that no submissions were received from competing retailers in other areas of the city – Central Maitland and Rutherford.

Matters raised in the submissions have been addressed either by design amendments or by way of consent conditioning wherever possible. A brief discussion of the following issues is however warranted in addition to the comments provided in the SSRT:

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DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) Procedural Integrity – Reclassification Process / Development Application Process

The objectors hold the view that the proper evaluation of the impacts of the development (with particular reference to the proposed Chelmsford Drive extension) is made difficult due to the separate development and reclassification processes. Further, the objectors believe that the community consultation process has not been meaningful as Council have already determined the outcome.

The proposed Chelmsford Drive extension linking the New England Highway through to Molly Morgan Drive emerged during the development application traffic review as being the likely preferred traffic management solution for the Green Hills commercial precinct. Given that the land required for the link road is owned by the Council and classified as 'community land' the reclassification of the land to 'operational land' was firstly required occur before the Council could impose consent conditions on the development application. Notwithstanding this the reclassification process and the development application process are independent. If Council were to have resolved to not proceed with the reclassification of the land required for the road corridor then an alternative traffic management option would need to have been investigated through the DA process. Council have ensured that the community have had adequate opportunity to comment on both the reclassification and development application and have taken considerable care to explain that while the processes relate to a common outcome the Council are conversely not bound to approve of the link road under the DA even if the reclassification of the land is successful. Chelmsford Drive Link Road

The establishment of the new Chelmsford Drive link road between the New England Highway and Molly Morgan Drive emerged as the most effective traffic management option during the course of the assessment of the application. The link road, in combination with intersection improvements at Mitchell Drive/New England Highway and the Mitchell Drive/Molly Morgan Drive roundabout will accommodate a better distribution of eastbound and westbound traffic generated by the new development and will alleviate the pressure on the existing Mitchell Drive/highway intersection. This strategy will however result in increased traffic levels experienced by those residents on Molly Morgan Drive located closest to this new road infrastructure.

Recognising that the Chelmsford Road link could potentially impact on the nearest residents the applicant in discussion with the Council have sought to locate the roundabout as far away as possible from the affected residents but also having regard to the constraint imposed by the nearby Two Mile Creek and the need to minimise encroachment of roadworks into the channel. The result has been that the roundabout has been offset from the existing alignment of Molly Morgan Drive and is located just over 20.0 metres from the street boundary of these residences at its closest point. This compares with the existing Molly Morgan Drive carriageway which is located 4.5 - 5 metres from

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DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) the street boundary of these same properties. This increased separation distance creates an opportunity to provide:

• Landscaping to give increased privacy from roundabout traffic and reduce the impact of headlight glare • A private access drive for the three properties concerned

Amongst the range of documentation which Council requested the applicant provide to support the link road addendum to the DA was a detailed acoustic assessment specifically addressing road noise impacts. This report prepared by acoustic consultants Wilkinson Murray undertook noise monitoring of the existing environment and carried out modelling to determine the level of noise impact under a ‘with development scenario’ in accordance with the requirements of DECCW’s guidelines titled Environmental Criteria for Road Traffic Noise. The report concluded that there would be a significant noise impact on the medium density unit within No.10-22 Molly Morgan Drive nearest the proposed link road and the report contains a range of recommendations including the construction of a noise barrier adjoining the link road and the inclusion of air conditioning to first floor windows of this unit.

The noise modelling, however, was less conclusive regarding the impact of road noise on the three separate dwellings No’s 21-25 Molly Morgan Drive nearest the proposed roundabout. The report indicates that the noise levels experienced under the ‘with development’ scenario would be just below the trigger point requiring mitigation to be provided.

Notwithstanding the conclusions of the Wilkinson Murray report Council have had further discussions with Stockland regarding providing additional acoustic attenuation to the dwellings at No’s 21 – 25 Molly Morgan Drive. In response Stockland have included the erection of a 2.4metre high solid barrier fence within the landscaped area adjoining the roundabout over the frontage of the properties concerned to provide a measure of acoustic attenuation and to provide a more effective screen to headlight glare. This barrier is shown on the landscape plan for the roundabout included in Attachment 3 to this report. In addition to the noise affected medium density housing unit at No.10-22 Molly Morgan Drive, Stockland have made a formal offer (by letter dated 22 September, 2011) to each of the residents of 21 – 25 Molly Morgan Drive to install double glazing and air conditioning in those rooms fronting Molly Morgan Drive. Stockland would install these mitigation measures prior to the commencement of works on the link road/roundabout. While Council are not legally able to condition a development consent to require that works be undertaken on a property owned by a third party, Stockland have demonstrated a clear commitment to ensuring that the amenity of the residents adjoining the proposed roundabout is maintained to the largest extent possible.

Council have also required that the private access drive be widened to 5.0m to enable two-way traffic movement and improved accessibility from both ends for residents. The increased width will also improve manoeuvrability for caravan access to the properties.

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DA08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE - LOT 311, DP1031540, LOT 22, DP553162, PART LOT 7, DP831327, PART LOT 22, DP591803 & PART LOT 250, DP264015 BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DR & STRONACH AVE, EAST MAITLAND. (Cont.) The provision of the Chelmsford Drive link road is clearly required as a direct consequence of the Stockland retail centre expansion but will provide a significantly improved road network connection to the broader Green Hills commercial precinct. The link road has a significant community benefit. In discussion with the objectors Council have consistently advised that it would seek the best possible design outcome for the nearest residents. It is considered that the roundabout design and subsequent amendments to include the solid barrier along with the additional acoustic mitigation works offered to each resident represents a reasonable, practical and effective planning outcome in the circumstances.

Access to Existing Commercial Properties around the Centre and On-Street Parking

The development application plans lodged for the revised 2010 scheme and publically exhibited showed the retention of the shared turning lane on Molly Morgan Drive east of the signalised access point to the centre. This shared turning lane facilitates right turn ingress to the George and Dragon Tavern and adjoining bulky goods site on the southern side of Molly Morgan Drive and the various commercial properties (Go Lo site, medical centre and dental clinic etc), excluding McDonalds, on the northern side (McDonalds benefits from an existing median protected right turn lane located further to the west on Molly Morgan Drive).

In providing its requirements for the development, the RTA have specified that a raised median be constructed to a distance of 50 metres east of the proposed signalised access and that Molly Morgan Drive be reconfigured to two(2) lanes in each direction. This will have the effect of removing the shared turning lane and not make right-in movements possible over the length of the median. This will affect the Go Lo site and the westernmost driveway of the adjoining George and Dragon Tavern. The easternmost access to the George and Dragon Tavern will not be affected and right-in movements to the medical and dental practice site will remain possible. Patrons wishing to access these properties without making a right turn have the opportunity to move on to the nearby roundabouts, double back on the opposite side of the road and make a left-in turn.

In order to meet the RTA requirements there will need to be a kerbside parking prohibition on both sides of Molly Morgan Drive between the existing Mitchell Drive/Molly Morgan Drive roundabout and the proposed Chelmsford Drive/Molly Morgan Drive roundabout. While kerbside spaces will be lost, each of the developments fronting Molly Morgan Drive have provided on-site parking to cater for the needs of each respective development.

The issues raised through the exhibition process are not so substantive as to warrant refusal of the development application.

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Approval of the development application is considered to be in the public interest for the following reasons:

• The development will provide a wider range of retail offerings than is currently available to the Maitland community in a convenient and accessible location meaning that local residents will not have to travel to Newcastle, Charlestown or Tuggerah for these items. This in turn will reduce time spent in motor vehicles and the associated fuel usage and contribution to CO2 emissions.

• The development will represent a diverse and high quality retail environment to support Maitland’s strong residential population growth which is projected to be sustained over the next 10 to 15 years.

• The development will be a significant source of local employment through both the construction phase and operational phase and will also contribute to indirect employment and positive economic spin-offs for other businesses in the locality/region.

• The development will be supported by a traffic management strategy that will principally ensure a safe and efficient means of access to the Stockland centre itself but which will have the effect of providing improved access to the wider Green Hills commercial precinct.

• While the proposed development will reinforce Green Hills as a key retail centre within the Maitland LGA it will not significantly compromise the continued functioning of Central Maitland as a major retail and commercial hub of the city. Council’s economic impact consultant in peer reviewing the applicants ‘economic impact assessment’ supports the position that the projected trade impact of around 6% on the CBD is within the normal range and should be able to be made up in the short to medium term. It is acknowledged that Central Maitland is well placed with respect to a number of the City’s growth areas and has a much stronger commercial and cultural activities base that create opportunities for strengthening its retail position.

• Notwithstanding the relatively small number of submissions lodged with respect to the development, the issues raised were, on the whole, helpful in the assessment of the application and some of the design adjustments and consent conditions were influenced through the exhibition process - the final design of the proposed Chelmsford Drive/Molly Morgan Drive roundabout and the noise mitigation solutions offered by Stockland are perhaps the most obvious examples of this. Issue Comment FINANCIAL IMPLICATIONS

This matter has no direct financial impact upon Council’s adopted budget or forward estimates.

Page (77) ORDINARY MEETING AGENDA 11 OCTOBER 2011

This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS

Statutory implications relating to assessment of the subject application have been addressed in the body of the report

CONCLUSION

An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act 1979 as amended. The proposed expansion of the Stockland Green Hills shopping centre and the associated external roadworks will not have significant impacts on the natural or built environment or the amenity of adjoining/nearby properties subject to the development being carried out in accordance with the development application plans, documentation and recommended consent conditions. The application currently before the Council represents the culmination of a lengthy and collaborative assessment process with the majority of this time being committed to a thorough review of traffic management options and the assessment of the impact of these options.

The gazettal of the reclassification of the eastern end of the Council land holding adjacent to Two Mile creek from ‘community land’ to ‘operational land’ on 30 September, 2011 in the NSW Government Gazette now provides a platform upon which Council can legitimately impose consent conditions on the proponent to undertake the agreed package of roadworks incorporating the Chelmsford Drive link road between the New England Highway and Molly Morgan Drive.

The proposal represents a sound planning outcome for the Maitland community and the development application is commended to Council for approval on the basis that it is in the broad public interest and will provide a significantly improved retail facility for the local and subregional trade catchment commensurate with a steadily growing population over the next 15 years.

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Service Planning and Regulation Reports

Schedule of Consent Conditions

Meeting Date: 11 October 2011

Attachment No: 1

Number of Pages: 23

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Service Planning and Regulation Reports

DA 08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DRIVE AND STRONACH AVENUE, EAST MAITLAND

DEVELOPMENT APPLICATION PLANS – RETAIL CENTRE EXPANSION

Meeting Date: 11 October 2011

Attachment No: 2 Under Separate Cover

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Service Planning and Regulation Reports

DA 08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DRIVE AND STRONACH AVENUE, EAST MAITLAND

DEVELOPMENT APPLICATION PLANS – LANDSCAPE PLANS

Meeting Date: 11 October 2011

Attachment No: 3 Under Separate Cover

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Service Planning and Regulation Reports

DA 08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DRIVE AND STRONACH AVENUE, EAST MAITLAND

DEVELOPMENT APPLICATION PLANS – EXTERNAL ROADWORKS

Meeting Date: 11 October 2011

Attachment No: 4 Under Separate Cover

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Service Planning and Regulation Reports

DA 08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DRIVE AND STRONACH AVENUE, EAST MAITLAND

PROPOSED HIGHWAY DIRECTIONAL SIGNAGE – PHOTO MONTAGE

Meeting Date: 11 October 2011

Attachment No: 5 Under Separate Cover

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Service Planning and Regulation Reports

DA 08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DRIVE AND STRONACH AVENUE, EAST MAITLAND

SUMMARY OF OBJECTOR SUBMISSIONS

Meeting Date: 11 October 2011

Attachment No: 6 Under Separate Cover

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Service Planning and Regulation Reports

DA 08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DRIVE AND STRONACH AVENUE, EAST MAITLAND

PUBLIC SUBMISSIONS IN RESPONSE TO ORIGINAL 2008 DEVELOPMENT SCHEME

First Exhibition: 6 May – 9 June 2008 Second Exhibition: 13 January – 12 February 2009

Meeting Date: 11 October 2011

Attachment No: 7 Under Separate Cover

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Service Planning and Regulation Reports

DA 08-918 REDEVELOPMENT OF MAJOR RETAIL CENTRE BOUNDED BY MITCHELL DRIVE, MOLLY MORGAN DRIVE AND STRONACH AVENUE, EAST MAITLAND

PUBLIC SUBMISSIONS IN RESPONSE TO REVISED 2010 DEVELOPMENT SCHEME

Third Exhibition: 10 January – 14 February 2011 Fourth Exhibition: 18 April – 18 May 2011

Meeting Date: 11 October 2011

Attachment No: 8 Under Separate Cover

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10.2 PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH RECOMMENDATION: APPROVAL

File No: DA11-577 Attachments: 1. Locality Plan 2. Development Plans 3. Submission Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation David Simm - Manager Development & Environment Stephen Punch - Principal Planner Author: Ian Cunningham - Town Planner

Applicant: Hill Top Planners Owner: RJ & LJ Coster Proposal: Rural Shed Location: Lot 3 DP226025 & Lot 10 DP1684, Morpeth Road, Raworth. Zone: 1(a) Prime Rural

EXECUTIVE SUMMARY

The proposal seeks to construct an 18m x 12m colourbond machinery/storage shed, on introduced fill, within land zoned 1(a) Prime Rural. The subject land has an approximate area of 4.8ha (two lots).The site is located adjacent to Morpeth Road in Raworth and is utilised for agricultural purposes. The proposed shed will be ancillary to that use.

The proposal initially attracted submissions objecting to the location, height and colours of the proposed shed. These submissions were addressed by the proponent and resulted in re-siting of the proposed shed, amendments to the shed dimensions, and reduction of the proposed fill height. The amended proposal was put back to the objectors with resulting concession with the proposal subject to external colours.

Further issue concerning the proposal relates to the location of the proposed shed being over the original Morpeth railway corridor.

It is not considered that refusal of the proposal based upon Heritage issues is justified in this case given the relevant site constraints. These issues are discussed further in the body of this report.

The proposal is brought to the Council for determination on the basis of insufficient officer’s delegation to determine the proposal given the Heritage considerations of the railway corridor.

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PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH (Cont.)

OFFICER’S RECOMMENDATION

THAT Development Application 11-577 for an Earth Mound and Construction of a Rural Shed at Lot 3, DP226025 & Lot 19, DP1684, Morpeth Road, Raworth, be approved subject to conditions of consent.

BACKGROUND / SITE DESCRIPTION

The proponent seeks consent to construct a machinery/storage shed, on introduced controlled fill, upon land that is utilised for agricultural purposes. The owner of the land currently employs the use of shipping containers on the subject site for storage, and sundry farming implements surround the containers. The proposed shed will address the current storage situation and the consent will require the removal of the containers on completion of construction of the shed.

The subject site consists of two lots, (Lot 3, DP226025, 4281m2 & Lot 10, DP1684, 4.442ha). The land is zoned 1(a) Prime Rural and is almost entirely flood prone in respect of the 1% AEP flood height. The proposed shed site is situated below the embankment level of Morpeth Road, with the highest portion of the subject land constituting the former Morpeth rail corridor.

PROPOSAL

The proposed development would entail filling a portion of the higher rail corridor land so as to raise the building pad height. The fill will taper away from the building pad and be constructed so as to withstand floodwater inundation and flow rates applicable to the site. Notwithstanding the proposed fill height, the level of the building pad will still be approximately .8m below the relevant 1% flood height. The proposed location of the shed will be marginally outside the identified 1% floodway.

The proponent has reduced the proposed fill height in response to concerns from property owners south-east of the site on Morpeth Road in relation to perceived loss of views across the floodplain and visual impact of the shed. The result will be that the ridge line of the proposed shed will be approximately 2.7m above the RL of Morpeth Road.

The subject site is considered appropriate in this case given the existing cutting below Morpeth Road will largely disguise the bulk of the shed as opposed to constructing the shed further to the north which would serve to accentuate the presence of the structure in terms of the existing rural landscape. Locating the proposed shed further north would also place the development within the identified floodway, which would result in potential impacts upon the flow path of flood waters and also affect the integrity of the structure to withstand the impacts of the floodway.

It is further noted that the subject land utilised for agricultural purposes is of a relatively small area and relies on the physical exploitation of all of the available arable land. To construct the shed in any other location than is proposed would result in a loss of productive area.

PLANNING ASSESSMENT

Page (111) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH (Cont.) Section 79C(1)(a)(i) provisions of any environmental planning instrument

Maitland Local Environmental Plan 1993

The subject site is zoned 1(a) Prime Rural under the 1993 Maitland Local Environment Plan. The proposal is permissible in the zone.

Regional Environmental Plan

Not relevant.

State Environmental Planning Policies

Not relevant.

Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition

The 2011 Maitland Local Environment Plan has been on exhibition and adopted, but not yet gazetted. The document is treated as still in draft form until completion of the gazettal. The draft document redefines the zoning description from 1(a) Prime Rural to RU1 Primary Production. ‘Farm Buildings’ are a permissible with consent in the RU1 zone.

Section 79C(1)(a)(iii) any development control plan

The ‘Hunter River Floodplain Management’ chapter of the Maitland Citywide DCP is applicable to this proposal.

The subject site lies within the 1% AEP flood affected land and is marginally outside the 1% Floodway. The relevant flood water flow rate affecting the (floodway portion) of the site is .8m/s and an inundation height of 8m AHD applies for the 1% flood event. The proposal seeks to introduce controlled fill to the site to provide a level platform to construct a machinery shed. The maximum depth of the fill would be approximately 2m at the deepest point and tapering off to natural ground. The finished height of the fill will be less than the 1% flood height by approximately .8m which means the shed will be subject to flood inundation in larger magnitude floods only. The applicant has been made aware of the flood levels and relevant engineer’s certification has been provided addressing the flood flow rates and inundation levels such that the completed shed will withstand the relevant flood impacts in its proposed location.

The ‘Conservation & Design Guidelines’ chapter of the Maitland Citywide DCP is applicable to this proposal.

The subject site is within the Heritage Conservation area and has been referred to Council’s Heritage advisor. Advice in respect of the proposal was not favourable in terms of the initial design, colours and construction of the shed on the former rail corridor to Morpeth.

The design issues have subsequently been addressed by the proponent and consent conditioning will require external colours of the shed to be predominately light grey tones so as to reduce the aesthetic impacts.

Page (112) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH (Cont.) With regard to the issue of the former Morpeth rail corridor, topographical features of the rail link are still evident in several locations along the corridor, from East Maitland to Morpeth, to the trained observer. The image below, (‘Hunter River & Morpeth Station’, sourced Wikipedia, ‘East Maitland-Morpeth railway line) typifies the configuration of the rail link in respect of a bank/cutting/bank. This is similar to the topography of the subject site.

The former rail corridor between East Maitland and Morpeth has significance given the rail line was a progressive link in the growth of the Maitland region by virtue of Morpeth being such an important wharf facility in the late 1800’s.

The eventual construction of the rail line between East Maitland and Morpeth meant that valuable goods and produce from the broader region could be shipped directly to the Sydney markets and beyond from Morpeth. This was particularly the case when road/rail links to Newcastle were still being established, and the Hunter River was capable of accommodating cargo ships up to the Morpeth wharf facility.

‘The principal traffic handled on the Morpeth line was wool, growing from 16,564 bales in 1872 to the amazing total of 82,361 bales in 1899. In the 1920’s, however, this traffic commenced to decline considerably, a large quantity being diverted to Sydney. In more recent years, the improvements to general shipping at Lee Wharf, Newcastle, and the establishment of wool stores close by, gave Morpeth a knock-out blow’. (Wikepedia, East Maitland – Morpeth railway line, 2011).

st The rail link to Morpeth ceased on the 31 August 1953,(The Morpeth Branch, Dunn, Ian, 1998) and the majority of the former rail corridor is now in private ownership.

Development over the former rail line and within the corridor has occurred in several locations, however portions of the former cutting profile are still discernible.

Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph)

Page (113) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH (Cont.) Not relevant.

Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

The development in the proposed location is considered to have the least impact upon the natural & built environment given the benefit of the natural topography disguising the bulk of the proposed shed and also lessening the flood impacts.

The proposed location will also have a lesser impact upon the viability of the productive land allowing full exploitation of the site.

No negative impact upon the economic or social environment is foreseen.

Section 79C(1)(c) the suitability of the site for the development

The proposed location on the subject site is considered the most appropriate given the constraints of the site in terms of flooding and visual impact.

Section 79C(1)(d) any submissions made in accordance with this act or the regulations

The proposal was advertised/notified from the 21st March 2011 to the 4th April 2011. A pro-forma submission signed by six (6) persons was submitted objecting to the original proposal and focussed on the perceived issues of bulk and scale of the shed, colours, visual impact and loss of value of existing surrounding dwellings.

The submission was put back to the proponent together with sundry matters raised by Council in relation to heritage and flooding. The proposal was re-worked to address the matters raised. The amended proposal was returned to the objectors for re-appraisal who responded with comment such that the proposed colour scheme was not sympathetic to the area, and that the roof pitch should be reverted to 150 and that storm water management should be adequately addressed, otherwise there is no objection to the shed.

The consent will address the matter of external colours in respect of heritage concerns and the opinion of the objectors. The proposed roof pitch of 22.50 is considered appropriate in terms of consistency with heritage considerations, and the consent will require relevant storm water controls.

Section 79C(1)(e) the public interest

The proposal serves the public interest in terms of improved use of the subject land.

FINANCIAL IMPLICATIONS

This matter has no direct financial impact upon Council’s adopted budget or forward estimates.

Page (114) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH (Cont.) POLICY IMPLICATIONS

This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS

Statutory implications relating to assessment of the subject application have been addressed in the body of the report

CONCLUSION

The proposed development is permissible in the zone and satisfies relevant planning guidelines with the exception of the heritage considerations regarding the former Morpeth rail line. It is considered the in-situ benefits in locating the shed in the proposed location outweigh the impact upon the Heritage considerations of the former rail line, and that sufficient Heritage interpretation of the former rail link remains available by virtue of the extent of the remaining corridor. The proposal is recommended for approval subject to consent conditions.

Page (115) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH (Cont.) SCHEDULE OF CONDITIONS

Proposed Filling of Site and Construction of Rural Shed, Lot 3, DP 226025 and Lot 10, DP1684, Morpeth Road , Raworth.

Reason for Conditions The objectives of the following conditions is to draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 2000, Local Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.

APPROVED PLANS AND DOCUMENTATION

1. The development shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent or as shown in red colour on the plans:

Plan Ref. Sheet Rev n Revision Prepared by: No No No Date (consultant) Site Plan 1 of 2 C 1/8/11 Tim Hoover (Dwg No. HTP-1017-001-SHT1/2) Elevations & sections 2 of 2 C 1/8/11 Tim Hoover (Dwg No. HTP-1017-001-SHT2/2)

GENERAL PROVISIONS

2. External colours shall be non-reflective and shall comprise light grey tones.

3. A construction certificate is to be obtained prior to commencing construction works. The construction certificate application is to include detailed plans and specifications for the construction of the building/structure.

4. The applicant is required to submit to council ‘Notice of Commencement’ at least two (2) days prior to the commencement of construction works.

5. The shed shall not be occupied until an Occupation Certificate has been issued.

6. All building work must be carried out in accordance with the provisions of the Building Code of Australia.

7. (1) Building work that involves residential building work (within the meaning of the Home Building Act, 1989) must not be carried out unless the principal certifying authority for the development to which the work relates has provided Council with written notice of the following information: (a) in the case of work to be done by a licensee under that Act: (i) the licensee’s name and contractor licence number, and (ii) of the name of the insurer by which the work is insured under Part 6 of that Act, or (b) in the case of work to be done by any other person: (i) the name of the owner-builder, and

Page (116) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH (Cont.) (ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

(2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act, 1989, that states that a person is the holder of an insurance policy issued for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that part.

EARTHWORKS

8. The owner/occupier shall ensure that access to the landfill site is restricted and monitored to prevent the unauthorised deposition of material.

9. Only natural earth material, free of contamination shall be employed as fill. All putrescible wastes, (including timber, paper, green waste, food etc), oil products (including petrol, bitumen, asphaltic concrete etc), plastic, and the like, are not permitted for fill purposes. Any fill imported to the site shall be certified as Virgin Naturally Excavated Material (VENM).

10. All grass and topsoil on the proposed fill area shall be stripped and stockpiled for re- use on the finished surface and batters.

11. Filling material shall be: • contained within the property • stabilised against erosion upon final placement with topsoil and grass (seed or turf), or by similar means • graded evenly to shed stormwater runoff to an existing overland flow path • provided with stable, maintainable batter slopes *Note that the fill shall be compacted in accordance with engineer’s specification and certified by a suitably qualified engineer such that the fill will withstand the impacts of scouring from floodwater inundation and flow rates applicable to the site.

STORMWATER DRAINAGE

12. Fill material shall not obstruct any local watercourse, flow path or drain, that is within or that enters the site, without provision for conveyance, within the site, of stormwater flows through or around the proposed fill area, including adequate protection against erosion.

EROSION CONTROLS

13. The environment surrounding the work shall be protected against soil erosion, such that sediment is not carried from the construction site by the action of stormwater, wind and “vehicle tracking”.

SITE CONSIDERATIONS

Page (117) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH (Cont.) 14. All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.

15. All excavation and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and constructed so as to deny any flow of water into the building or neighbouring buildings or onto neighbouring land.

16. The Principal Contractor (or Owner/Builder) shall erect a sign in a prominent position on the site (not attached to any tree) identifying the name, address and telephone number of the Principal Certifying Authority (PCA) for the work. The sign shall also display the name, address and telephone number of the Principal Contractor for the work (or Owner/Builder) and shall state that unauthorized entry to the site is prohibited. The sign must be maintained while the work is being carried out and is to be removed when the work is completed.

17. The site is to be cleared of all building refuse and spoil immediately after completion of the building.

18. No building materials, refuse or spoil is to be deposited on or be allowed to remain on Council's footpath.

19. Rubbish generated from the development is to be suitably contained on site at all times. No rubbish shall be stockpiled in a manner which facilitates the rubbish to be blown off site.

20. Upon completion of the proposed shed, the existing shipping containers on site shall be removed. No shipping containers shall be permitted to remain.

ANCILLARY PROVISIONS

21. Hours of Work: Unless otherwise approved by Council in writing; all building work associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Fridays and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise.

SCHEDULE OF ADVICE

A. The owner should note that the issue of development consent does not amount to a release, variation or modification by Council of any covenant applicable to this property and that any action taken by the applicant in accordance with this consent which results in the incurring of any loss or damage by way of breach of the covenant will not be the responsibility of Council.

B. Your are advised that any damage to the existing street infrastructure (including landscaping) at the property frontage resulting from construction of your development must be repaired to Council’s standards. Where repairs are carried out by Council, the person responsible for the damage shall be held liable for the cost of those repairs.

Page (118) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH (Cont.) C You are advised that in regard to potential soil erosion from the construction site, such pollution of the environment is an offence under the Protection of the Environment & Operations (POEO) Act and may incur infringement fines.

D You are advised that the responsibility of deposition of material remains with owner/occupier, by appointment, with his/her foreknowledge.

Page (119) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH (Cont.)

Service Planning and Regulation Reports

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH

Locality Plan

Meeting Date: 11 October 2011

Attachment No: 1

Number of Pages: 1

Page (120) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH (Cont.)

Page (121) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH (Cont.)

Service Planning and Regulation Reports

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH

Development Plans

Meeting Date: 11 October 2011

Attachment No: 2

Number of Pages: 2

Page (122) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH (Cont.)

Page (123) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH (Cont.)

Page (124) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH (Cont.)

Service Planning and Regulation Reports

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH

Submission

Meeting Date: 11 October 2011

Attachment No: 3

Number of Pages: 1

Page (125) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL SHED, LOT 3 DP226025 & LOT 10 DP1684, MORPETH ROAD, RAWORTH (Cont.)

Page (126) ORDINARY MEETING AGENDA 11 OCTOBER 2011

10.3 DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT RECOMMENDATION: APPROVAL

File No: DA11-1901 Attachments: 1. Locality Plan 2. Aerial Photograph 3. Development Plans 4. Submission Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation David Simm - Manager Development & Environment Stephen Punch - Principal Planner Author: Tegan Harris - Town Planner

Applicant: Super X Touring Owner: Maitland City Council Proposal: Recreation Area – Special Event, Maitland Super X Location: High Street, James Street, Odd Street & Raglan Street, Maitland Zone: 6(a) Public Recreation

EXECUTIVE SUMMARY

Development consent is sought from Council for a Temporary Use – Super X Event at Maitland No. 1 Sportsground, Maitland. The subject site is primary zoned 6(a) Public Recreation with some small portions zoned 1(a) Prime Rural Land under the Maitland Local Environmental Plan 1993 (Maitland LEP).

Consent is sought for three (3) events over three (3) years. Super X Touring proposes to hold their 2011 Super X event at Maitland No. 1 Sportsground on November 12 2011. The event is proposed to be held between 1:00pm and 6:30pm, with gates opening at 12:00 midday.

To facilitate the event a dirt supercross track is to be built and dismantled. The storage of this dirt in between events will be located off site and is subject to a separate development application (DA11-2324) currently being assessed by Council.

Clause 47 of the Maitland LEP allows Council to consider a temporary event on land, notwithstanding any other provision in the Maitland LEP, for a maximum period of 28 days whether consecutive of non-consecutive in any one year. This proposal seeks consent to hold a Super X Supercross Event on November 12 2011 and meets the provisions of clause 47.

The application was placed on public exhibition for a period of 14 days from 18 August 2011 to 1 September 2011. As a result of this process one submission was received which raised issues relating to the appropriateness of the venue considering the expected crowd numbers, amenity impacts as a result of heavy vehicle movements, disruptions to private property access, and inadequate car parking within the locality to cater for the proposal.

Page (127) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.)

The development application specifies an expected attendance of between 6,000- 11,000 patrons. Discussions with the applicant have since revised this figure to approximately 4,000. It is noted the application has been assessed on a maximum capacity of 11,000 as this represents the worst case scenario. Patron attendance of 11,000 would result in approximately 3,000 vehicles accessing the event. This number would be reduced to approximately 1,100 vehicles if the event attracted 4,000 patrons.

It is acknowledged that the event will result in some adverse impacts within the locality, especially in relation to noise, traffic, access and car parking. There may also be impacts associated with security and site facilities if not appropriately managed. These impacts are expected to be short term only and can be minimised through the imposition of conditions of consent should consent be granted. Accordingly, they are considered acceptable in the circumstances.

It is expected that the proposal will result in a positive economic and social benefit to the community as a result of publicity, and direct and indirect spending during the construction, operation and decommissioning phases.

OFFICER’S RECOMMENDATION

THAT DA11-1901 for Temporary Use – Maitland Super X Supercross Event at Maitland No. 1 Sportsground be approved subject to the conditions of consent set out in the attached table.

INTRODUCTION

Development consent is sought from Council for a Temporary Use – Super X Event at Maitland No. 1 Sportsground, Maitland. Super X is a professional dirt bike racing event. Consent is sought for three (3) events over three (3) years. In 2011 it is proposed to hold the event on 12 November 2011.

The purpose of this report is to provide Council with assessment of the potential impacts of the proposal to allow determination of the development application. The development application is put before Council for determination as it is located on Council owned and managed land, and one submission was received during the notification and advertising period.

This report assesses the likely impacts of the construction, operation and decommissioning of the proposal.

To facilitate the event a dirt supercross track is to be built and dismantled. The storage of the dirt between events is subject to DA 11-2324 which was lodged at Council on 15 September 2011 and is currently being assessed.

BACKGROUND

The proposal was lodged on 9 August 2011 and was advertised and notified for a period of 14 days from 18 August 2011 to 1 September 2011. As a result of the advertising and notification process, one objection to the proposal was received. An application for Temporary Road Closure to support the proposal was received at

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) Council on 2 September 2011. The Temporary Road Closure is being progressed in conjunction with the development application.

A request for additional information was sent to the applicant dated 18 August 2011 requesting further detail in relation to noise and vibration, car parking and traffic management, lighting impacts, proposed fill material, waste management and dust suppression.

A meeting was held to discuss the proposal at Council and on site on 25 August 2011. The meeting was attended by the applicant and representatives from Council’s Service Planning & Regulation, Assets & Infrastructure Planning, Community Services, Finance and Administration Executive, Marketing & Communications and City Works & Services departments.

Following this correspondence, there have been on-going discussions with the applicant to resolve information requirements for the development application.

Council requested that a NVIA prepared by a suitably qualified acoustic consultant is required to be submitted to support the proposal. An Acoustic Assessment prepared by Acoustic Dynamics was submitted to Council. This assessment did not assess vibration impacts. Further, while a specific NMP was not submitted to Council however, the Acoustic Assessment did recommend the implementation of an appropriate community liaison procedure. Notwithstanding, it is considered that there is sufficient information in the current submission to warrant determination of the development application.

A revised Traffic Management Plan (TMP) was submitted to support the proposal and is to be considered at Council’s Local Traffic Committee Meeting to be held on 6 October 2011 in conjunction with the application for Temporary Road Closure. Minor changes to the TMP may be required as a result of this meeting. This requirement will be reflected on any consent that is granted.

SITE DESCRIPTION

The subject site comprises the Maitland No. 1 Sportsground. The surrounding open space to the south east of the Sportsground is proposed to be utilised for vehicle car parking purposes. The site comprises 20 individual allotments comprising 19 registered allotments and one ‘former road’. The site is legally described as:

• Lots 7306, 7307 and 7308 DP 1154271; • Lot 1 DP722550; • Part Lot 60 DP755237; • Lot s115 and 181 DP755237; • Part Portion Lot 50 DP752474 (Shown in DP435608, Vol 1, Fol 34); • Lot 1 DP329996; • Lot 7006 and 7007 DP1126284; • Lot 1 DP1119935; • Lot 7007 DP1126956; • Lots 1, 2 and 3 DP435608; • Lot 2124 and 5395 DP1106886; and • Lot 1 DP337754.

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.)

The ‘former road’ is located off Raglan Street, Maitland and is sited in the north west corner of the subject site. The road has never been dedicated following road closure. It is noted that ‘Smyth Field’ is excluded from the proposal.

Maitland No 1 Sportsground is a Grade A rated sportsground in accordance with Council policy. The subject site is an irregular shaped parcel of land located to the east of the Maitland City Centre. The entire site is affected by the 1% flood standard. The site is located adjacent to the Central Maitland Heritage Conservation Area and adjoins four items of local heritage significance on the corner of James Street and High Street.

Controlled pedestrian access to the Temporary Event will be available from the vehicle car parking area and from the surrounding street network. The primary pedestrian access to the proposal is to be located off James Street. Secondary pedestrian access will be available from the north and west from Odd Street and Ragland Street.

A locality plan is included as Attachment 1 to this report, and an aerial photograph of the subject site is included as Attachment 2 to this report.

PROPOSAL Consent is sought for a Temporary Event – Super X Event at Maitland No. 1 Sportsground, Maitland. The Event is proposed to be held on November 12 2011, between 1:00pm and 6:30pm, with gates opening at 12:00 midday. Consent is sought for three (3) events over three (3) years. While the date for the 2011 event has been confirmed, the dates for events in 2012 and 2013 are yet to be confirmed.

To facilitate the event a dirt supercross track is to be constructed and decommissioned over a seven (7) day build period. It is anticipated that the dirt supercross track will require between 4,500 and 6,500 tonnes of soil to be transported to the subject site.

The proposal was initially submitted to Council with an expected crowd of 6,000- 11,000 patrons. This number has since been revised down to 4,000 patrons. However, Council have assessed the application based on the maximum attendance of 11,000 patrons to cater for last minute ticket sales.

It is proposed to undertake the construction and decommissioning of the dirt supercross track over a seven (7) day period. The anticipated construction and decommissioning dates and times are detailed in the following table. These include both haulage movements and site activities.

Date Construction/Decommissioning Times Tuesday 8th November 2011 7:30am - 6:30pm Wednesday 9th November 2011 7:00am - 12:30am (10th November 2011) Thursday 10th November 2011 7:00am - 12:30am (10th November 2011) Friday 11th November 2011 7:00am - 9:00pm Saturday 12th November 2011 8:00am - 12 midnight Sunday 13th November 2011 12 midnight - 6:00pm Monday 14th November 2011 7:30am - 6:00pm

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) As discussed above, it is anticipated that the dirt supercross track will require between 4,500 and 6,500 tonnes of soil to be transported to the subject site. On average tracks required 5,000 tonnes of soil.

Based on this average it is expected that there will be 25 truck movements at the start of the construction period, with another 155 truck movements to be spread over two and a half days. This equates to approximately 62 truck movements per day during the construction period. It is noted that there is inconsistency in the documentation submitted to Council regarding the proposed haulage times with the Acoustic Assessment and Statement of Environmental Effects (SoEE) both specifying different haulage times. The times specified in the NVIA report have been used for the purposes of this report, as these hours have been utilised for a technical assessment of noise and vibration impact within the locality. Haulage times for the construction and decommissioning periods consist of:

• Wednesday 9th November 2011: 9:30am – 9:30pm; • Thursday 10th November 2011: 7:30am – 9:30pm; • Friday 11th November 2011: 7:30am – 11:30am; • Saturday 12th November 2011: 8:30pm – 12:00 midnight; and • Sunday 13th November 2011: 12:00 midnight – 3:00pm.

To facilitate decommissioning activities, based on the requirement of 5,000 tonnes of soil, it is expected that there will be 162 truck and trailer movements over an 18 hour period. This period commences one and a half hours after the conclusion of the event and runs overnight until Sunday evening at 6pm. It is expected that there will be 10 truck movements to remove the last of the soil.

Where haulage of soil is required to access High Street, it is only to occur outside of the peak hours 8:00am – 9:00am and 4:30pm and 5:30pm. Haulage routes are detailed within the revised TMP submitted with the proposal however, these will need to be amended to comply with Council’s requirements. Any consent that is granted for the proposal will specify haulage route, as follows:

• Haulage routes utilising the highway access via Church Street roundabout must turn left onto Allan Walsh Drive and then turn right onto Ken Tubman (i.e. not turn right from Church Street onto Ken Tubman Drive); • Vehicle movements between stockpile site east of Smyth Field and No. 1 Sportsground to where loaded to travel via High Street and James Street and where unloaded may use the access road adjacent Smyth Field; • No trucks loaded with materials and / or equipment (soil, plant, etc) to use the access road adjacent Smyth Field; and • No works traffic to use the access road adjacent Smyth Field under any circumstances during wet weather.

Any dirt to be used for the event will be certified as Virgin Excavated Natural Material (VENM) or Excavated Natural Material (ENM). Appropriate documentation will be supplied to Council to confirm this prior to the event.

The Super X Supercross event will be held on Saturday 12 November between 1:00pm and 6:30pm. There will be two public entry gates for members of the public to access the event. The main public access gates will be located off James Street to

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) the south west of the sportsground adjacent to the stadium, with a secondary access available in between Raglan Street and Odd Street to the north west of the sportsground.

Car parking, vehicle access and pedestrian access for the proposal is detailed in the Traffic Management Plan (TMP) submitted with the application.

It is proposed to use the large open space, also owned by Council, sited to the south east of the sportsground for car parking. Based on attendance of 11,000 patrons, and applying suitable reduction for public transport and taxi use, it is expected that approximately 3,000 cars will access the site. Estimates indicate that this space can cater for approximately 800 vehicles. Access to the vehicle car parking area is proposed to be located off High Street through the Council owned access way sited between 206 and 214 High Street, Maitland. It is expected that the local road network will absorb additional car parking requirements generated by the proposal.

It is expected that patrons utilising public transport will access the site from High Street Train Station if travelling by train or from the existing bus stops on either side of high street if accessing the site by bus. Suitable pedestrian management measures have been incorporated into the TMP. The TMP also allows for a taxi drop off area on High Street, Maitland.

The proposal has demonstrated suitable provision for accessible parking and access.

Super X has contracted Gema Catering to run the food and beverage program for the event. The event will be licenced and a liquor licence is currently being obtained. It is proposed that three food venues and two bars be established to cater for expected crowd numbers. Two mobile carts are also expected to be in operation. Installation of the food and beverage facilities within the sportsground will require the pruning of some tree branches that are currently overhanging the sportsground fence.

The existing sportsground has 12 toilets located on site. The proposal will provide additional toilets and wash basins on site to cater for expected patron numbers. Any consent that is granted for the proposal will reflect the requirement to install additional temporary amenities on site.

The applicant advised on site on 25 August 2011 that they will require use of the media room. This Council asset has historically been closed, however, will be made available for this event only. Prior to the event Council will place barriers on the roof to guide access to the media box. The internals of the media boxes will also have barriers installed to ensure that patrons do not access the roof through the open window areas. Restrictions will be placed on the number of people in the media boxes at any one time. The main media box will have a restricted capacity of six (6)

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) and the adjacent boxes on either side of the main box will have a restricted capacity of two (2) each, being a total of 10 occupants at any one time.

As part of the event agreement for the proposal Council will undertake some waste management services during and following the event through the provision of 70 x 240 litre bins. Waste management during construction and decommissioning of the proposal will be the responsibility of the applicant.

The applicant has submitted suitable documentation demonstrating that the Super X has adequate public liability insurance coverage for the event. Super X’s insurance policy indemnifies Maitland City Council in respect of any loss or damage arising from any claim that may be brought by any person against Maitland City Council where such liability is directly resultant from the negligence of the Insured.

The applicant has advised Council that discussions with NSW Police are ongoing. Super X will provide security on site, with 42 security officers patrolling the event. Security personnel will undertake bag searches at all public entry gates. Alcohol, drugs, weapons or anything else deemed not suitable will be confiscated. Security personnel are also trained to check on intoxication levels on patrons as they enter the venue. Upon completion of the event, bins and security personnel will be placed on all exit gates and they will be responsible for restricting the removal of alcohol from the event. Super X will provide a professional medical team on site for riders. St John will be engaged to cover the crowd component of medical care.

PLANNING ASSESSMENT

The proposal has been assessed under the relevant matters for consideration identified in s79C of the Environmental Planning & Assessment Act (EP&A Act) as follows.

Section 79C(1)(a)(i) provisions of any environmental planning instrument

Local Environmental Plan

The subject site is predominantly zoned 6(a) Public Recreation, with some minor portions zoned 1(a) Prime Rural Land under the Maitland Local Environmental Plan 1993 (Maitland LEP). The Temporary Use Event is defined in the Maitland LEP as a ‘Recreation Area’ which is a permissible land use within both zones.

The objectives of the 6(a) zone are:

(a) To identify existing publicly owned land that is used or is capable of being used for active or passive recreation purposes; (b) To encourage the development of public open space in a manner which maximises the satisfaction of the community’s diverse recreational needs; (c) To enable development associated with, ancillary to, or supportive of, public recreation uses; and (d) To encourage the development of open space as a major urban landscape element.

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) Clause 47 of the Maitland LEP allows Council to consider a temporary event on land, notwithstanding any other provision in the Maitland LEP, for a maximum period of 28 days whether consecutive of non-consecutive in any one year. This proposal seeks consent to hold three events over three years with the Super X Supercross Event in 2001 to be held on November 12. This meets the provisions of clause 47.

The proposal is consistent with the objectives of the zone. Super X Supercross has an international following and the proposal will encourage the development of public open space in a manner which maximises the satisfaction of the community’s diverse recreational needs.

Regional Environmental Plan

The Hunter Regional Environmental Plan (HREP) 1989 was repealed by Sch 1 [1] to State Environmental Planning Policy (Repeal of REP Provisions) 2009 (285) (LW 26.6.2009) with effect from 26.6.2009. As such this Plan is no longer in force.

State Environmental Planning Policies

The proposal is for a Temporary Event only and does not require assessment against any State Environmental Planning Policies.

Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition

The draft Maitland Local Environmental Plan (DMLEP) 2011 is currently being prepared. The DMLEP 2011 was adopted by Council on 26 July 2011. Under Section 68 (4) of the Environmental Planning and Assessment Act 1979 the adopted Draft Maitland LEP 2011 was notified to the Director General of the Department of Planning and Infrastructure on 2 August 2011.

The subject site is generally zoned RE1 Public recreation, with some minor parcels zoned RU1 Primary Production, under the DMLEP 2011. The proposal does not raise any issues that conflict with the provision of the Draft LEP. The proposal is therefore permissible under the DMLEP 2011 and consistent with the objectives of the zone.

There are no other draft environmental planning instruments (EPIs) that are or have been placed on exhibition which apply to the proposal.

Section 79C(1)(a)(iii) any development control plan

There are no specific chapters of the Maitland Citywide Development Control Plan (DCP) which apply to the proposal. However, a specific Plan of Management (POM) is currently being prepared by Council for the Maitland No. 1 Sportsground Precinct. This has not been finalized, nor is it available as a draft POM, and as such is not relevant to the proposal.

The Generic Plan of Management Sportsgrounds (Sportsgrounds POM) was adopted by Council on 11 March 2008. The Sportsgrounds POM relates to all sportsgrounds within the Maitland City Council Local Government Area (LGA) that are located on Community Land and Crown Land, and not covered by a specific POM. As

Page (134) ORDINARY MEETING AGENDA 11 OCTOBER 2011

DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) the Maitland No. 1 Sportsground Precinct POM is still being prepared it is considered that the Sportsground POM provides appropriate guidance as to the management of Maitland No. 1 Sportsground in the interim.

The proposal is not inconsistent with the Sportsground POM.

Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph)

The proposal has been prepared and submitted in accordance with the relevant provisions contained in Schedule 1 of the Environmental Planning & Assessment Regulations 2000 (NSW) (EP&A Regs). The provisions of clause 2(1)(n) of Schedule 1 of the EP&A Regs regarding temporary structures have been met. The proposal does not raise any issues that conflict with the provisions of the EP&A Regs.

Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

The key impacts of this proposal relate to car parking, traffic and access, noise and vibration, fill material and track formation, waste management, emergency management and security, accessibility, dust suppression, environmental health and food safety, lighting, temporary structures and cumulative impacts.

Car Parking, Traffic and Access

It is expected that there will be some impacts to the locality in terms of traffic and access as a result of the proposal. Car parking, traffic and access, including vehicle and pedestrian, for the proposal is detailed in the Traffic Management Plan (TMP) submitted with the application.

Based on the maximum attendance of 11,000 patrons, and applying suitable reduction for public transport and taxi use, it is expected that approximately 3,000 cars will access the site for the event. It is noted that this estimate is based on the maximum attendance only and actual figures may be significantly less depending on final attendance. If 4,000 patrons attend the event, it is expected that the number of vehicles accessing the event would be reduced to 1,100.

To facilitate vehicle and pedestrian access to the event a Temporary Road Closure application has been submitted to Council and is being progressed in conjunction with the development application. The event will require the following road closures: James Street from Odd Street to the PCYC car park entrance, Raglan Street from James Street for a distance of 80 metres, and Odd Street commencing 80 metres from Hunter Street to James Street. The Temporary Road Closure is being reported to Council’s Local Traffic Committee meeting to be held on 6 October 2011.

Access to the vehicle car parking area is proposed to be located off High Street through the Council owned access way sited between 206 and 214 High Street, Maitland. Upon completion of the event it is proposed that this access be a two lane left turn only to facilitate the exit if vehicles in a timely manner. Traffic controls will regulate the exit of vehicles. It is considered that suitable traffic management

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) measures are detailed within the TMP to manage potential impacts associated with Vehicles and pedestrians accessing the event.

It is proposed to use the large open space, also owned by Council, sited to the south east of the sportsground for car parking. Estimates indicate that this space can cater for approximately 800 vehicles. Access to the vehicle car parking area is proposed to be located off High Street through the Council owned access way sited between 206 and 214 High Street, Maitland.

It is expected that the local road network will absorb additional car parking requirements, of approximately 2,000 vehicles, generated by the proposal. This will result in impacts to on street car parking availability within the Maitland city centre. These impacts represent the worst case scenario calculated on the maximum attendance. Any impacts on car parking within the city centre will be short term only and specific to the one day event.

It is expected that patrons utilising public transport will access the site from High Street Train Station if travelling by train, or from the existing bus stops on either side of high street if accessing the site by bus. Suitable pedestrian management measures have been incorporated into the TMP. The TMP also allows for a taxi drop off area on High Street, Maitland.

The TMP also provides a consultation program for the event. Event staff will notify emergency services and relevant sections of the community and transport industry of the event which results in traffic disruption. They will also provide to the RTA, Council, Police a draft of an appropriate advertisement three (3) weeks before the proposed placement of the advertisement. Local residents and those affected by possible disruption to property access will also be notified. A letter will be “letter-box- dropped” at least seven (7) business days before the proposed date which details the dates and times of the proposed access restrictions and provides an event contact detail.

While some short term impacts on car parking, traffic and access are expected as a result of the proposal, such impacts are unavoidable where large events are being held. The TMP details appropriate traffic and car parking management procedures, and as such, it is expected that any potential impact will be managed on site as best as practicable.

Noise and Vibration

The proposal is likely to generate noise and vibration impacts from truck movements, construction activities, operation, including supercross bike noise emissions, pa systems and music emissions, and decommissioning activities. These impacts will need to be managed and mitigated where possible, especially in light of the proposed construction hours, which extend beyond Council’s standard construction hours. Proposals for development must demonstrate that the

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) enjoyment of neighbouring properties is not unduly affected by noise associated with the proposal.

The development application was initially submitted to Council with acoustic data that specified the output of sound from a bike exhaust only and did not adequately address potential impacts from cumulative noise and vibration as a result of the proposal. As such, Council requested that a Noise and Vibration Impact Assessment (NVIA) and a Noise Management Plan (NMP) be prepared by a suitably qualified acoustic consultant to support the proposal. An Acoustic Assessment prepared by Acoustic Dynamics was submitted to Council. This assessment did not assess vibration impacts. Further, while a specific NMP was not submitted to Council however, the Acoustic Assessment did recommend the implementation of an appropriate community liaison procedure. Notwithstanding, it is considered that there is sufficient information in the current submission to warrant determination of the development application.

The acoustic report states that the event is to run between 11:00am and 6:30pm on November 12 2011 however, it is noted that the actual event will commence at 1:00pm, with gates opening at 12:00 midday. The Event includes no more than 22 motorbikes on the track at any one time. Other noise associated with the proposed event includes the use of PA and crowd noise. The proposal seeks to use 450cc and 250cc motorbikes.

The nearest residential recovers that may be affected by the proposal are located to the west and north-west of the subject site at 48 Odd Street, 6 to 10 James Street and 3 to 11 Raglan Street.

Noise monitoring was undertaken on site between Thursday 22 September 2011 and Monday 26 September 2011, a summary of Noise criteria and Measured Noise Levels (15 minute) is presented in the following table.

LAeq L90 Rating Intrusive Modified Location Time of Day Acceptable Background Measured LAeq Amenity Noise Level Noise Level LAeq Noise (MANL) (ANL) (RBL) Criterion Nearest Daytime 55 dB(A) 42 dB(A) 55 dB(A) 47 dB(A) 47 dB(A) Residential (7am-6pm) receivers Evening 45 dB(A) 43 dB(A) 53 dB(A) 48 dB(A) 43 dB(A) (6pm-10pm) Nightime 40 dB(A) 39 dB(A) 58 dB(A) 44 dB(A) 48 dB(A) (10pm-7pm)

Based on the background monitoring the sleep disturbance criterion for the locality is 54 dB(A).

The proposal seeks consent to vary Council’s typical construction hours (i.e. Monday to Friday 7:00am to 6:00pm, Saturday 8:00am-1:00pm, with no work on Sundays and public holidays). The proposal seeks consent for the following general construction hours. It is noted that there are various phases of construction which will warrant the use of specialised machinery during specific times, as detailed below

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) Date Construction/Decommissioning Times Tuesday 8th November 2011 7:30am - 6:30pm Wednesday 9th November 2011 7:00am - 12:30am (10th November 2011) Thursday 10th November 2011 7:00am - 12:30am (10th November 2011) Friday 11th November 2011 7:00am - 9:00pm Saturday 12th November 2011 8:00am - 12 midnight Sunday 13th November 2011 12 midnight - 6:00pm Monday 14th November 2011 7:30am - 6:00pm

The applicant contends that extended construction hours are required in the circumstances due to their event schedule. Further, the longer the dirt is stored on the track the higher the risk of damage to Council’s playing surface.

The proposal will require the delivery, formation and removal of approximately 5,000 tonnes of soil to the site for the event. In addition to the dirt trucks, the following equipment is proposed used on site to carry out the formation of the dirt supercross track:

• 2 x 20t loaders; • 2 x 20t excavators; • 1 x 7t excavator; • 3 x track skid steer; • 2 x all terrain forklift; • 2 x standard forklift; and • 2 x scissor lift.

As discussed above, it is noted that there is inconsistency in the documentation submitted to Council regarding the proposed haulage times with the Acoustic Assessment and Statement of Environmental Effects (SoEE) both specifying different haulage times. The times specified in the NVIA report have been used for the purposes of this report, as these hours have been utilised for a technical assessment of noise and vibration impact within the locality.

The Acoustic Assessment contends that dirt haulage times for the construction and decommissioning periods consist of:

The Acoustic Assessment contends that the use of specialist earth moving equipment for the construction and decommissioning of the supercross track consist of:

• Wednesday 9th November 2011: 9:30am – 12:30am (10th November 2011); • Thursday 10th November 2011: 7:30am – 9:30pm; • Friday 11th November 2011: 7:30am – 7:00pm; • Saturday 12th November 2011: 10:30am – 12:00 midnight; and • Sunday 13th November 2011: 12:00 midnight – 3:00pm

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.)

It is noted that the SoEE specifies general construction hours beyond the times specified in the Acoustic Assessment. This is to allow for site preparation and other works as required. As such, it is reasonable to expect that some noise will be generated during the general construction hours detailed above however, such emissions are not expected to be significant with the bulk of the noise emission to be generated during dirt haulage and use of earth moving equipment.

The proposed construction hours have potential to result in adverse impacts within the locality at irregular times.

Acoustic Dynamics have undertaken noise modelling and calculations to determine the maximum predicted contributed noise emission levels at the nearest receiver locations during construction and decommissioning activities. The modelling assumes a maximum of two (2) truck passbys delivering and removing dirt during a 15 minute period per day and a maximum of seven (7) pieces of earth moving machinery used during construction and decommissioning within Maitland No. 1 Sportsground during a 15 minute period. The calculated maximum noise emission levels at the nearest residential receiver locations are detailed in the following table. It is noted that the quietest period source in all occurrences is the night time period

which has a relevant LAeq(15min) criterion of 44.

Location Activity / Noise Source (15 Calculated Maximum Complies min) LAeq(15min) 48 Odd Street, Trucks 49 dB(A) Yes1 Maitland Earth Moving Machinery 51 dB(A) No Total Contributed Level 53 dB(A) No 6 to 10 James Trucks 48 dB(A) Yes1 Street, Maitland Earth Moving Machinery 52 dB(A) No Total Contributed Level 53 dB(A) No 3 to 11 Raglan Trucks 36 dB(A) Yes Street, Maitland Earth Moving Machinery 52 dB(A) No Total Contributed Level 52 dB(A) No 1 Marginal compliance is achieved as the predicted noise level is less than 5 dB(A) above the affected noise level in accordance with the requirements of the NSW OEH’s Interim Construction Noise Guideline.

These calculations are based on worst case scenario and Acoustic Dynamics would expect that typical contributed night time LAeq(15min) construction noise emission would be around 4 to 8 dB(A) quieter than the predicted maximum.

In view of the infrequent nature of the event Acoustic Dynamics considers noise emissions associated with the construction and decommissioning of the event is likely to be considered and assessed as acceptable.

Noise modelling has also been undertaken to assess the maximum operational noise emission associated with the event, as detailed below with the quietest period source operating during daylight, and uses the Special Event Relevant Criterion LAeq(15min) of 75dB(A).

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) Activity / Noise Relevant Criterion Location Source (15 min) LAeq(15min) Calculated Complies Intrusive Special Maximum Event LAeq(15min) 48 Odd Street, 47 Yes Maitland 22 Motorbikes 6 to 10 James on Track, PA, 47 75 48 Yes1 Street, Maitland Announcements 3 to 11 Raglan & Music 48 Yes1 Street, Maitland 1 Marginal compliance is achieved as the human ear cannot easily distinguish variations in noise level or 1-2, and sometimes 3 dB(A).

These noise emission levels are similar to the existing noise environment at the nearby receiver dwellings. In view of the infrequent nature of the event Acoustic Dynamics considers noise emissions associated with the operation of the event is likely to be considered and assessed as acceptable.

The acoustic report highlights that some exceedances of the relevant noise criteria are expected and recommends a number of measures to minimise and manage noise emission and impact resulting from the proposal. These recommendations generally assist in managing expected noise impact. However, the recommendations specify a preferred haulage route adjacent to Smyth field to reduce noise impacts experienced by local residents and well as disconnecting reversing beepers during night-time hours. These two recommendations are not considered feasible, due to the risk of pavement damage and potential safety impacts respectively, and as such have not been conditioned. It is noted that there will be some noise impacts within the locality as a result of the proposal however, these impacts are short term only and are considered minor given the high background noise levels within the locality.

As discussed above, a specific NMP was not prepared for the proposal, although the Acoustic Assessment contained a recommendation that a community liaison procedure be implemented. This procedure includes a complaints handling procedure. Any consent that is granted will require the preparation of a formal NMP. The NMP is to contain comprehensive details of the work methods and mitigation measures that the applicant will employ on site to minimise noise emissions to a manageable level. It will also include provisions to notify residents of proposed construction activities, such as via letter box drop. The complaints handling procedure would be incorporated into the NMP. It is expected that the letter box drop can be undertaken in conjunction with the TMP consultation discussed above.

If during the event the emission of noise is considered offensive, the Police or Council Officers may issue a Noise Abatement Direction. Alternatively, where unforeseen problems with offensive noise occur during construction works, Council can require additional controls under the Protection of the Environment Operations Act 1997, which include the requirement for the applicant to amend and review any Noise Management Plans or work methods when necessary.

These measures are considered sufficient to manage potential noise and vibration impacts within the locality as a result of the proposal.

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) Fill Material The source of the fill material for the dirt supercross track is still being finalised. The dirt product is to be a clay based product. A comprehensive dirt contract is to be completed at least 21 days in advance to confirm suitability of the dirt for use.

Any fill material used for the proposal will be required to be certified as Virgin Excavated Natural Material (VENM) or Excavated Natural Material (ENM). VENM does not need licensing for its use under the Protection of Environment and Operations Act 1997 (NSW) (POEO Act) and appropriate documentation would be supplied to Council by the applicant to confirm this prior to placing any fill on site.

The storage of this dirt in between events will be located off site and is subject to a separate development application, DA11-2324. This development application was lodged at Council on 15 September and is currently being assessed by Council officers.

Waste Management

As part of the event agreement for the proposal Council will supply 70 x 240 litre bins for the event. Staff will be on site during the event to monitor and empty all bins.

Any waste generated as a result of construction activities will be managed by Super X. Two 25m3 skip bins will be brought to site to manage construction waste. Additionally 3m flip tops bins will be ordered for catering areas.

Any consent that is grant will require adequate waste services to be provided during and after the event. It is considered that sufficient measures are in place to manage waste on site during construction, operation and decommissioning of the proposal.

This is considered sufficient to manage potential impacts associated with waste management as a result of the proposal.

Emergency Management and Security

The applicant has contacted NSW Police about the event and advised Council that discussions with NSW Police are ongoing. Police presence at the event will be finalised closer to the event date.

The event is promoted as a family friendly event. It is being held during daylight hours between 1:00pm and 6:30pm. Super X has appointed CVEM to provide security on site with 42 security officers patrolling the event during the event. Security personnel will undertake bag searches at all public entry gates. Alcohol, drugs, weapons or anything else deemed not suitable will be confiscated. Security personnel are also trained to check on intoxication levels on patrons as they enter the venue. Upon completion of the event, bins and security personnel will be placed on all exit gates and they will be responsible for restricting the removal of alcohol from the event.

Super X will provide a professional medical team ‘Racesafe’ on site for riders. The ‘Racesafe’ team will have a mobile truck on site, as well as a doctor and three paramedics. ‘Racesafe’ will notify the local hospital of the event.

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) St John will be engaged to cover the crowd component of medical care. They will have a visible setup at the event, and also have roving staff. All security and event staff are connected to St John through radio to alert them of any incidents should they arise.

The TMP prepared for the proposal demonstrates that a continuous access path is available through the local road networks for emergency services. The local closures will be manned, and if required, the barriers can be moved to allow emergency services into the event.

The site meeting held on 25 August 2011 revealed the need for Council to upgrade emergency access from the sportsground. As a result, anew double set of gates is currently being installed to replace the existing single gate on the southern perimeter of the sportsground. This work will be completed prior to the event.

Any consent that is granted for the proposal will require the preparation and approval of an Emergency Management Plan for the proposal prior to the event. These measures are considered appropriate and acceptable to manage emergency situations and security risks during operation of the event.

Accessibility

The proposal has demonstrated suitable provision for accessible parking and access. Eight accessible car parking spaces have been provided within the onsite car parking area. Accessible spectator areas have been built into the ticketing system with spaces provided as part of the proposal. The applicant submits that these spaces also cater for carers. Ticketing staff, security and ushers will be informed of the location of the accessible spectator areas. This is considered sufficient to address accessibility requirements.

Dust Suppression & Track Formation

Super X will work with Council grounds staff to set up in advance water points around the playing field with hoses which can be utilised for dust suppression. A water truck will also be available on standby should weather conditions generate the potential for dust to be generated as a result of track formation. Dust suppression measures will include management of stormwater runoff with suitable bunding to be installed during construction.

It is expected that approximately 5,000 tone of soil will be required to be delivered to the site and deposited on the playing field to form the dirt supercross track. Super X will place geofabric ‘turf protection system’ over the sporting field to protect the playing surface.

Suitable measures have been detailed within the development application for wet weather management should the event experience wet weather. Generally, short periods of rain have a negligible impact on the construction and decommissioning of the track however, extended periods of rain will result in the applicant having to employ a number of management measures to mitigate potential wet weather impacts where practicable.

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) These measures are considered sufficient to mitigate any potential adverse impacts arising from the generation of dust during track formation.

Environmental Health and Food Safety

Any consent that is granted will require all temporary food businesses to comply with the requirements of Council’s Temporary Event Guidelines or Code for Food Vending Vehicles, Food Act 2003 (NSW), Food Regulation 2004 (NSW) and the NSW Food Safety Standards. All temporary food stalls operating at the event are to make application to Council for approval to operate. This process is currently being undertaken by the applicant.

Lighting Impacts

The only lighting proposed to be installed as part of the proposal is a light tower adjacent to the main public access entry off James Street. The light tower is proposed to be installed to assist heavy vehicles accessing the site, and will not be directed to cause any adverse impacts within the locality.

Within the sportsground, the existing lighting will be used to facilitate construction and decommissioning activities.

Some lighting impacts are likely from heavy vehicle headlights as a result of dirt haulage movements. It is expected that such impacts may be experienced by residences in Odd Street and James Street. These impacts will be intermittent and are not expected to be significant as haulage movements will be undertaken during daylight hours where practicable.

It is not expected that the proposal will cause an unreasonable impact on surrounding residences in terms of lighting glare or spill. Any, impacts experienced as a result of headlights will be intermitted and minimized as much as practicable.

Temporary Structures

The applicant proposes to erect a temporary structure on site, being a trackside marquee. The marquee is proposed to be 10x20m and will have two (2) enclosed walls and two (2) open walls. A catering area will be established within the back of the marquee.

Due to the marquee being open on one of the long sides and the back, and the event being held during the day, lighting will not be required in the marquee. Two exits will be constructed at the rear of the marquee either side of the proposed catering area.

The marquee and catering facilities will be equipped with suitable fire extinguishers. The venue grounds staff will be marking irrigation lines on the grass and the marquee will be placed to ensure any pegs are at least 500mm off those marked lines.

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) It is considered that the proposed structure and design is capable of sustaining an acceptable level of safety and serviceability.

Cumulative Impact

The proposal is likely to result in some short term impacts within the locality. These impacts may intensify as a result of other surrounding land uses. As a result, cumulative impacts have been assessed as part of this report.

Traffic movements from the haulage of soil to and from the site have the potential to result in cumulative impacts within the local road network. To minimise the potential for unacceptable disruptions to the local road network any consent that is granted for the proposal will restrict haulage movements so that where haulage of soil is required to access High Street, it is only to only outside of the peak hours 8:00am – 9:00am and 4:30pm and 5:30pm.

The proposal is also likely to generate cumulative impacts associated with traffic, access and car parking may also arise on the event day due to expected patron numbers. The PCYC have advised that they are hosting a computer fair on the same date. The TMP has been amended to maintain access to the PCYC car park for computer fair patrons. The Maitland Off-Road Radio Car Club has advised that they do not have any events planned for 12th November 2011.

As such, it is considered that the potential cumulative impacts of the proposal have been managed as best as practicable and are considered appropriate in the circumstances.

Section 79C(1)(c) the suitability of the site for the development

The constraints and opportunities of the site have been suitably addressed by the proposal and in this report. The proposed temporary event is a compatible land use for the Maitland No 1 Sportsground.

The location of the site, being adjacent to residential development and local access and car parking constraints, mean that some impacts are expected as a result of the proposal. Given expected attendance, impacts associated with traffic, access and car parking are unavoidable. Further, impacts are also expected as a result of the proximity of the site to existing residential development as a result of noise and vibration. These impacts will be managed as best as practicable. These impacts are short term only and must be balanced against the long term positive economic benefits that the proposal is expected to generate within the locality.

Section 79C(1)(d) any submissions made in accordance with this act or the regulations

The objection advised that the PCYC are running a ‘major computer fair’ on Saturday 12th November, the same date as the proposal. The submission raises concerns about the appropriateness of the venue considering the expected crown numbers,

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) amenity impacts as a result of heavy vehicle movements, disruptions to private property access, and inadequate car parking within the locality to cater for the proposal. Following receipt of the submission, the applicant has discussed the proposal with the PCYC, including access arrangements.

The main issues raised by the objection are summarised below and comment provided below.

Issue: The appropriateness of the venue considering the proposed crowd numbers. The objector sites that the event should be moved to a much larger venue.

Council Response

As discussed above, the constraints and opportunities of the site have been suitably addressed by the proposal and in this report. The proposed temporary event is a compatible land use for the Maitland No 1 Sportsground. While the proposed event is of much larger scale than previous event held at the site, it is considered that the potential impacts can be managed. The site is adjacent to residential development and faces local access and car parking constraints. As a result, given the proposed crowd number, some impacts are unavoidable. These impacts will be managed as best as practicable and must be balanced against perceived positive economic and social benefits likely to result in the community as a result of the proposal.

Issue: The submission advises that the PCYC has a major computer fair planned on the same date, and as such is concerned about potential damage to the operators of the computer fair.

Council Response

In response to this issue, Council requested that the TMP be amended to ensure that access to the PCYC car park off James Street will be maintained. On the date of the event it is proposed to close James Street from Odd Street to the PCYC car park entrance this will allow the PCYC car park to remain open. Traffic controllers will be required at the intersection of James Street and High Street to restrict access to the PCYC car park to computer fair patrons only. It is also proposed to close Odd Street on the event date commencing 80 metres from Hunter Street through to James Street, traffic controllers will be required at the closure point to allow access to computer fair vendors.

Issue: The objectors cite issues relating to car parking. The submission compares when the local football team make the finals which attracted around 4,000 people to the venue and results in the exhaustion of car parking spaces for a number of blocks.

Council Response

Issues relating to car parking are discussed above. It is proposed to use the large open space, also owned by Council, sited to the south east of the sportsground for car parking. Estimates indicate that this space can cater for approximately 800 vehicles. It is expected that the local road network will absorb additional car parking requirements, of approximately 2,000 vehicles, generated by the proposal. This represents car parking for the maximum attendance of 11,000 patrons only. If actual

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) attendance is lower than this, car parking demand will experience a subsequent decrease. Public access to the PCYC car park will be maintained at all times during the construction, operation and decommissioning of the event.

It is acknowledged that the event will result in impacts to on street car parking availability within the Maitland city centre. These impacts represent the worst case scenario calculated on the maximum attendance. Any impacts on car parking within will be short term only and specific to the one day event.

Issue: The proposal will impact on patron’s abilities to access the club as a result of a number of large earthmoving trucks frequently accessing the subject site from James Street.

Council Response

It is acknowledged that there may be some disruptions to access as a result of heavy vehicles accessing James Street which is a narrow street. To manage these impacts, where haulage of soil is required to access High Street via James Street, it is only to occur outside of the peak hours being 8:00am – 9:00am and 4:30pm and 5:30pm. Further, the traffic movements will be transient as heavy vehicles move along the haulage route, heavy vehicles will not be parking near the PCYC. As such no extended disruptions to access are expected as a result of the proposal.

Section 79C(1)(e) the public interest

The proposal is for a temporary event only within an established recreational precinct. Super-X has an international following and the event will attract a significant number of patrons to the Maitland city centre. Further, the event will diversify the range of recreation events provided in Maitland.

While it is acknowledged that the event will result in some impacts to the amenity of the locality, these will be short term only and managed as best as practicable. As such, it is considered unlikely that the event would be detrimental to the broader public interest. Issue Comment FINANCIAL IMPLICATIONS

The proposal is likely to result in some financial implications to Council. Insufficient information exists within the development application to quantify these implications. The provision of waste management services will be undertaken by Council for the proposal and will result in a direct financial cost to Council. Further it is expected Council will need to make staff available to work with Super X in preparing for the proposal, and potentially during decommissioning, for example grounds staff to mark up the location of irrigation on the playing field for the marquee, which will result in direct labour costs to council.

Financial implications to Council may also be experienced in the event the proposal results in damage to any Council asset. In particular, the haulage of fill material has the potential to result in pavement damage to the local road network. Further, although Super X utilise a turf protection system unforeseen circumstances or inadequate construction techniques may result in damage to the playing surface.

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) The applicant has submitted suitable documentation demonstrating that the Super X has adequate public liability insurance coverage for the event. Super X’s insurance policy indemnifies Maitland City Council in respect of any loss or damage arising from any claim that may be brought by any person against Maitland City Council where such liability is directly resultant from the negligence of the Insured.

The extent of the financial implications to Council will depend on the terms of the final event agreement and the management and operation of the proposal by Super X. However, based on the information contained within the development application, it is likely that the proposal will result in a direct financial impact upon Council’s adopted budget or forward estimates. The event should be monitored closely to minimise any potential financial implications arising from the event.

POLICY IMPLICATIONS

This matter has no specific policy implications for Council. The proposal does not raise any issues that conflict with the provisions of the Generic Plan of Management: Sportsgrounds as adopted by Council on 11 March 2008.

STATUTORY IMPLICATIONS

Statutory implications relating to assessment of the subject application have been addressed in the body of the report

CONCLUSION

An assessment of the application has been undertaken pursuant to Section 79C of the EP&A Act. The proposal is for a temporary event only within an established recreational precinct.

The event will result in some adverse impacts within the locality, especially in relation to noise, traffic, access and car parking. There may also be impacts associated with security and site facilities if not appropriately managed. These impacts are expected to be short term only and can be minimised either through the imposition of conditions of consent should consent be granted, or on site as best as practicable.

As such, it is considered that the event is considered satisfactory in terms of the relevant matters for consideration infer the EP&A Act, and is recommended for approval subject to the conditions of consent set out in the attached table.

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) SCHEDULE OF CONDITIONS

Reason for Condition(s) The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.

APPROVED PLANS & DOCUMENTATION

1. The proposed development shall be carried out in accordance with the stamped approved plans and documentation, and any amendments arising through conditions of this consent.

2. Consent is granted for a maximum of three (3) events over three (3) years. In 2011 the event shall be held on 12th November 2011.

3. The applicant shall advise Council, in writing, of the event dates for 2012 and 2013, a minimum of three (3) months prior to the event.

4. Following each event, a Post Event Impact Assessment (PEIA) will be undertaken by, or on behalf of, the applicant. The post event impact assessment shall contain a mitigation strategy to address any adverse impacts arising from the event for incorporation into future events. The post event impact assessment shall be submitted to Council no later than one month following the event.

5. Consent is granted for a maximum attendance of 11,000 people at each event.

6. The occupancy of the main media box shall be restricted capacity to six (6) and the adjacent boxes on either side of the main media box will have a restricted capacity of two (2) each, being a total of 10 occupants at any one time.

7. The applicant shall comply with all conditions within this schedule prior to each event.

INSURANCE

8. The applicant is to acquire and maintain adequate public liability insurance coverage for the staging of the event. A copy of the certificate of currency is to be submitted to Council prior to each event.

FILL MATERIAL

9. Any fill material used for the proposal shall be certified as Virgin Excavated Natural Material (VENM) or Excavated Natural Material (ENM). Appropriate documentation shall be submitted to Council to confirm this prior to the placement of fill on site.

CAR PARKING

10. The provision of on-site parking shall be provided and managed in accordance with the Traffic Management Plan prepared by Security & Traffic Solutions, Version 2.1,

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) dated 19/09/11, and any revisions as a result of this schedule or in accordance with the requirements of Council’s Local Traffic Committee.

TRAFFIC & ACCESS

11. Traffic and access arrangements for the proposal shall be undertaken in accordance with the Traffic Management Plan prepared by Security & Traffic Solutions, Version 2.1, dated 19/09/11 and any revisions as a result of this schedule and/or in accordance with the requirements of Council’s Local Traffic Committee. In the event of any inconsistency, the latter documentation shall prevail to the extent of the inconsistency.

12. Following completion of the event, the Post Event Impact Assessment (PEIA) shall be reviewed and shall be incorporated into the post event impact assessment in accordance with Condition No. 4 above.

13. A Vehicle Movement Plan (VMP) shall be prepared for each event in accordance with RTA manual Traffic Control at Work Sites. The VMP shall include a diagram showing the preferred travel paths for vehicles associated with the work site entering, leaving or crossing through travel streams; turns at work areas, stockpile sites and turn around.

14. The proposed dirt haulage routes detailed in the Traffic Management Plan prepared by Security & Traffic Solutions, Version 2.1, dated 19/09/11 shall be amended as follows:

15. Any damage caused to roads by construction plant serving the development shall be repaired to the satisfaction of Council, at no cost to Council.

Note: The applicant, or applicant’s representative, shall accompany Council’s representative on the assessment of the approved haulage route and document the condition of the said route. Such documentation by the Project Manager and Council shall be in the form of an agreed condition assessment. Documentation by the Project Manager is to be by video evidence of agreed roads.

DRAINAGE & SEDIMENT/EROSION CONTROL

16. Suitable erosion and control measures shall be incorporated in the proposal. In particular, stockpiles shall be located and managed on site in a manner which does not give rise to any erosion or sedimentation. 17. The bike wash down area shall include the management of water runoff.

18. Dust suppression measures shall be incorporated into construction, operation and decommissioning activities undertaken on site where required. Where dust

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) suppression measures are incorporated, they shall include management of stormwater runoff.

NOISE MANAGEMENT

19. Noise management for the proposed development shall be undertaken in accordance with the recommendations contained within the Acoustic Assessment prepared by Acoustic Dynamics, dated 27 September 2011, with the exception of recommendation no. 4.

20. A Noise Management Policy (NMP) shall be prepared and adopted for the event. The NMP is to contain comprehensive details of the work methods and mitigation measures that the applicant will employ on site to minimise noise emissions to a manageable level. It shall also include provisions to notify residents of proposed construction activities, such as via letter box drop, and shall detail a complaints handling procedure that includes a point of contact for complaints. The point of contact shall be detailed on any notification circulated to local residents and on signage within the site.

21. Noise monitoring shall be undertaken during the event during construction, operation and decommissioning activities to monitor the impacts of the event. The results of the noise monitoring shall be incorporated into the post event impact assessment in accordance with Condition No. 4 above.

WASTE MANAGEMENT

22. Adequate bin facilities (minimum 70 x 240 litre) shall be provided throughout the site to cater for waste produced during the event. Particular attention is to be given to the areas adjacent to the toilet facilities and exit gates.

23. Rubbish generated from the development is to be suitably contained on site at all times. No rubbish shall be stockpiled in a manner which facilitates the rubbish to be blown off site.

24. An event specific Waste Management Plan shall be submitted to Council a minimum of one month prior to each event, and approved by Council prior to the event. The Waste Management Plan shall provide for the requirements of conditions no. 22 and 23 above, and shall include measures for event staff to undertake a clean-up of the pedestrian routes identified in the Traffic Management Plan for the event.

EMERGENCY MANAGEMENT

25. An event specific Emergency Management Plan shall be submitted to Council a minimum of one month prior to each event, and approved by Council prior to the event. The Emergency Management Plan shall detail a continuous path of access for emergencies vehicles.

SECURITY MANAGEMENT

26. An event specific Security Management Plan shall be submitted to Council a minimum of one month prior to each event, and approved by Council prior to the event. The Security Management Plan shall provide details for, but not limited to, bag searches for

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) patrons entering the venue, measures to reduce rubbish/alcohol being removed from the venue, security presence during the event and security presence along key pedestrian routes from the venue to the car park, train station(s) and bus stop(s) following completion of the event.

FOOD SAFETY

27. All temporary food businesses are to comply with the requirements of Council’s Temporary Event Guidelines or Code for Food Vending Vehicles, Food Act 2003 (NSW), Food Regulation 2004 (NSW) and the NSW Food Safety Standards. Temporary food stalls operating at the event are to make application to Council for approval to operate. This approval is to be current for each financial year.

28. Where alcohol is being served, an appropriate Liquor Licence is to be obtained prior to each event.

AMENITIES

29. Toilet facilities are to be provided in accordance with the following table (inclusive of the 12 toilets available at the showground):

Patrons WC Handbasins1 Less than Male 23 14 4,000 Female 17 14 4,000 to Male 27 17 5,000 Female 24 17 5,000 to Male 32 20 6,000 Female 30 20 More than Male 40 23 6,000 Female 38 23 1 Handbasins are to be provided with soap and drying facilities and are to be located in close proximity to toilets

30. A single unisex, accessible toilet shall be provided for persons with disabilities. The toilet shall be located in close proximity to accessible spectator spaces and the entry to the showground.

31. Toilet facilities are to be monitored and, cleaned and maintained as required, during the course of the event.

32. The toilets in the sportsground change rooms are not to be made available to the public and are only to be used by participants in the event.

HOURS OF CONSTRUCTION

33. All building work associated with this approval shall be carried out in accordance with the following table for the event on 12th November 2011. Date Construction/Decommissioning Times Tuesday 8th November 2011 7:30am - 6:30pm Wednesday 9th November 2011 7:00am - 12:30am (10th November 2011) Thursday 10th November 2011 7:00am - 12:30am (10th November 2011) Friday 11th November 2011 7:00am - 9:00pm

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DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT (Cont.) Saturday 12th November 2011 8:00am - 12 midnight Sunday 13th November 2011 12 midnight - 6:00pm Monday 14th November 2011 7:30am - 6:00pm

34. A construction and decommissioning schedule shall be prepared for all subsequent events and submitted to Council for approval a minimum of three months prior to each event.

ACCESS & EGRESS

35. A minimum of eight (8) accessible car parking spaces shall be provided for use by persons with disabilities 36. A minimum of eight (8) spectator spaces shall be set aside for use by persons with disabilities. These spaces shall be situated in close proximity to the accessible toilet facility and located so as not disadvantage occupant from viewing the event.

SITE CONSIDERATIONS

37. All building refuse on this site shall be stored in such a manner so as not to cause a nuisance to adjoining properties.

38. The site is to be cleared of all building refuse and spoil immediately after completion of the event.

39. No building materials, refuse or spoil is to be deposited on or be allowed to remain on Council's footpath.

40. Suitable and adequate measures are to be applied to restrict public access to the site and building works, materials and equipment.

41. The applicant is required to notify Council in writing prior to commencing building operations, of any existing damage to kerbing and guttering, footpath paving and structures within and playing surface of the sportsground. The absence of such notification shall signify that no damage exists and that the applicant will be liable for the cost of the reinstatement of any damage to kerbing and guttering or footpath paving which may be necessary after completion of the building operation.

ADVICE

A. It is the Applicants responsibility to ensure compliance with the requirements of the Disability Discrimination Act (NSW) 1992 (DDA). Note: Compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.

B. In preparing the Post Event Impact Assessment (PEIA) the applicant should liaise with Council.

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Service Planning and Regulation Reports

DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT

Locality Plan

Meeting Date: 11 October 2011

Attachment No: 1

Number of Pages: 1

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Service Planning and Regulation Reports

DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT

Aerial Photograph

Meeting Date: 11 October 2011

Attachment No: 2

Number of Pages: 1

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Service Planning and Regulation Reports

DA11-1901 TEMPORARY USE - MAITLAND SUPER X EVENT

Development Plans

Meeting Date: 11 October 2011

Attachment No: 3

Number of Pages: 2

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Service Planning and Regulation Reports

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Submission

Meeting Date: 11 October 2011

Attachment No: 4

Number of Pages: 1

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10.4 DA 11-1249 - MOBILE TELECOMMUNICATIONS TOWER & ASSOCIATED GROUND FACILITIES - LOT 1 DP336117 - TAYLOR AVENUE, THORNTON RECOMMENDATION: APPROVAL

File No: DA 11-1249 Attachments: 1. Locality Plan 2. Development Plans 3. Public Submissions 4. EME Report Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation David Simm - Manager Development & Environment Stephen Punch - Principal Planner Author: Cindy Dickson - Town Planner

Applicant: Optus Mobile Pty Ltd Owner: Maitland City Council Proposal: Mobile Telecommunications Tower & Associated Ground Facilities Location: Taylor Avenue, Thornton Zone: 6(a) Public Recreation

EXECUTIVE SUMMARY

Development consent is sought from Council for a Telecommunications Facility and Associated Ground Facilities at Taylor Avenue, Thornton (Lot 1 DP336117). The subject land is zoned 6(a) Public Recreation under the Maitland Local Environmental Plan, 1993.

A Communications Facility is a permissible form of development in the 6(a) Public Recreation Zone with Council consent.

The subject site is located on public recreational land (Thornton Park) situated off Taylor Avenue, Thornton. The site currently accommodates the Thornton Oval and ancillary structures.

The proposed application for a Telecommunications Facility on the subject site is to improve digital mobile telephone coverage within the locality of Thornton and the surrounding areas.

The proposal involves the removal of an existing 13 metre high timber lighting pole, the installation of a 21.5m high monopole, 3 panel antennas (each measuring 2.63 metres in length extending the height of the structure to 23.6 metres), relocation of flood lights at 13 metres in height on the new monopole and an equipment shelter (3m x 2.5m). The proposal is considered a ‘not-low impact facility’ under the Maitland Citywide Development Control Plan – Chapter: Telecommunications and Radiocommunications and development consent is therefore required.

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DA 11-1249 - MOBILE TELECOMMUNICATIONS TOWER & ASSOCIATED GROUND FACILITIES - LOT 1 DP336117 - TAYLOR AVENUE, THORNTON (Cont.) The application was advertised and notified for a period of fourteen (14) days between 9 June 2011 and 23 June 2011. During this time six (6) submissions were received raising concerns primarily with impacts associated with radiation and adverse impacts upon the health of nearby residents and school children, structural stability, visual impact, flora & fauna issues, amenity impacts, inappropriate location, safety, security and devaluation of nearby properties.

The issues raised are addressed in the body of this report, however, it is considered that the issues are not sufficient to warrant refusal of the application.

The application has been assessed against the requirements of Section 79C of the Environmental Planning & Assessment Act, 1979 and is considered satisfactory. Accordingly, it is recommended the application be approved subject to conditions.

OFFICER’S RECOMMENDATION

THAT DA 11-1249 for the installation of a Telecommunications Tower and Associated Ground Facilities on Lot 1 DP336117, Taylor Avenue, Thornton, be approved, subject to the conditions of consent set out in the attached schedule.

INTRODUCTION

The purpose of this report is to provide Council with an assessment of the development proposal to enable the determination of the application. The application is put before Council due to the receipt of six (6) submissions during the notification process.

BACKGROUND / SITE DESCRIPTION The subject site is located on the north eastern side of Taylor Avenue, Thornton and has vehicular access off Taylor Avenue. The site currently accommodates the Thornton Oval and ancillary structures.

The subject site has an area of approximately 2.114 hectares and is not subject to any significant environmental constraints.

Figure 1: The subject site at Taylor Avenue, Thornton

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DA 11-1249 - MOBILE TELECOMMUNICATIONS TOWER & ASSOCIATED GROUND FACILITIES - LOT 1 DP336117 - TAYLOR AVENUE, THORNTON (Cont.)

PROPOSAL

The proposal comprises the following:

• Removal of the existing 13 metre high timber lighting pole; • Construction of one (1) new monopole 21.5 metres in height with turret headframe; • Installation of three (3) panel antennas each measuring 2.63 metres in length and extending the height of the structure to RL 23.6 metres; • Relocation of flood lights at EL 13 metres on the monopole; • Installation of one (1) equipment shelter (3m x 2.5m) at ground level; and • Installation of ancillary equipment on the monopole and within the equipment shelter.

Application plans showing the development proposal in more detail are provided as Attachment 2 to this report.

The proposed telecommunications facility is compliant with the Australian Standard, namely the ‘Radiocommunications (Electromagnetic Radiation – Human Exposure) Standard 2003’ (amended in 2007), which was developed by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA).

The Specific Absorption Rate (SAR) is compliant with the provisions of the standard and the maximum electro-magnetic emission (EME) levels from the proposal are well below the mandatory standard at a predicted 0.049% of the Australian Standard, which is well below the required public exposure limits.

PLANNING ASSESSMENT

The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:

Section 79C(1)(a)(i) provisions of any environmental planning instrument

Local Environmental Plan

The subject land is zoned 6(a) Public Recreation under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Communications Facility” which is a permissible land use in the 6(a) Public Recreation zone with Council consent.

State Environmental Planning Policies

State Environmental Planning Policy (SEPP) ‘Infrastructure’

SEPP Infrastructure states under Clause 115 that development for the purposes of telecommunications facilities may be carried out by any person with consent on any land (if the development is not exempt). The proposal is not exempt development

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DA 11-1249 - MOBILE TELECOMMUNICATIONS TOWER & ASSOCIATED GROUND FACILITIES - LOT 1 DP336117 - TAYLOR AVENUE, THORNTON (Cont.) and therefore the subject application aims to provide consent for the proposal in accordance with the SEPP provisions. The development is on an appropriate site, is of good design and shall not have a significant environmental impact on the existing environment.

Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition

Draft Maitland Local Environmental Plan 2011

The subject site is proposed to be zoned RE1 Public Recreation under the draft plan. Telecommunications facilities are not prohibited in the zone, however, the provisions of State Environmental Planning Policy (SEPP) ‘Infrastructure’ override the provisions of the draft plan. The SEPP states that telecommunications facilities may be carried out with consent on any land. The proposal will therefore be permissible on the land under the provisions of the SEPP once the draft plan is gazetted.

Section 79C(1)(a)(iii) any development control plan

Maitland City Wide Development Control Plan Chapter ‘Telecommunications and Radiocommunications’

The facility is defined as a ‘not-low impact facility’ under this DCP and development consent is therefore required. The proposal is considered consistent with the provisions of this chapter of the Maitland City Wide Development Control Plan, which addresses the following key areas:

1.5.1 Social Electromagnetic radiation (EMR) exposure to the public is well within the requirements of the relevant Australian standard, thus it is not considered to endanger any of the local or surrounding communities, including the adjoining residential dwellings.

1.5.2 Environmental The telecommunication facility, although 23.6m in height, is of a slender design and will be coloured ‘light grey’ to ensure it is consistent with the existing structures on the site, blends in with the skyline in the background and is compatible with the surrounding area. A spread of tall mature trees also exists on the site to assist in screening the facility from view and absorbing the visual impact. In this regard, the visual impact of the proposed telecommunication facility will not significantly affect the existing location.

Furthermore, the proposal does not require the removal of any vegetation and shall not have any significant adverse effects with regard to the natural environment.

1.5.3 Economic The proposed telecommunication facility shall improve the mobile telephone communication potential of the local community, therefore improving economic development in the region. The facility is consistent with the existing development in the area and is considered appropriate for the location.

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DA 11-1249 - MOBILE TELECOMMUNICATIONS TOWER & ASSOCIATED GROUND FACILITIES - LOT 1 DP336117 - TAYLOR AVENUE, THORNTON (Cont.) Maitland City Wide Development Control Plan Chapter ‘Advertisement/Notification of Development Applications’

The application was notified for a period of 14 days from 9 June 2011 to 23 June 2011. Council received six (6) submissions in response to the application and the issues raised are considered under Section 79C(1)(d) in this report.

Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

Context and Setting The site is suitable for the proposal. The site is a recreation area with adequate area to accommodate the facility and vehicle access from Taylor Avenue. The site also has a spread of mature trees to assist in screening the proposal and absorbing the visual impact.

Access, Transport & Traffic The site has existing vehicular and footpath access from Taylor Avenue, which is considered satisfactory to service the proposal. After construction, routine maintenance will involve one vehicle visit to the site each quarter over the year with ample opportunity to park within the site. Additional vehicle movements will only occur in the event of an electricity failure or similar event.

Flora & Fauna No trees are proposed to be removed with this application.

Noise & Vibration Apart from initial construction noise the proposal will not generate any noise or vibration.

Natural Hazards The subject site is not identified as being subject to any natural hazard constraints, therefore, no adverse impacts are anticipated.

Safety, Security and Crime Prevention The monopole and equipment shelter are consistent with other structures already on the subject site and are not anticipated to increase graffiti or vandalism on the site. Relevant signs will be placed on the site relating to safety and security. Access to the internal areas of the structures will be restricted with secure locks.

Social Impact in the Locality The proposal complies with the relevant Australian exposure standard specified by ARPANSA, as highlighted by the Electromagnetic report attached to this report (refer to attachment 4).

Economic Impact in the Locality There are no envisaged adverse economic impacts associated with the development. The proposal shall improve economic development in the region by providing enhanced mobile telephone coverage.

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DA 11-1249 - MOBILE TELECOMMUNICATIONS TOWER & ASSOCIATED GROUND FACILITIES - LOT 1 DP336117 - TAYLOR AVENUE, THORNTON (Cont.) Site Design & Internal Design The site design is considered satisfactory for the proposal given it has a covering of mature trees to maintain the existing visual amenity in the area. Given the slender design of the monopole it is not considered that there will be any significant adverse effects.

Cumulative Impacts There are no envisaged cumulative impacts associated with the development. Electromagnetic Radiation exposure levels are below the permitted standards.

Section 79C(1)(c) the suitability of the site for the development

The subject site is considered suitable for the proposed development for the following reasons:

• The monopole is a slim line design which will not have a significant impact on visual amenity. • The proposal can be readily accomodated into the locality without any significant adverse impacts on the natural and built environments. • The site contains a covering of existing tall mature trees which shall assist in screening the facility and absorbing the visual impact. • The proposal is permissible in the 6(a) Public Recreation zone. • The proposal satisfies the provisions of the various chapters of the Maitland City Wide Development Control Plan.

Section 79C(1)(d) any submissions made in accordance with this act or the regulations

Public Submissions

The development application and accompanying information were placed on public exhibition for a period of 14 days from 9 June 2011 to 23 June 2011. During this period six (6) submissions were received and are provided as Attachment 3 of this report.

The main issues raised by the objectors are summarised below and comment provided:

• Issue1: Radiation and adverse impacts upon the health of nearby residents, pets and children at the local primary school

Planner's Comment

Electromagnetic radiation has been considered by the applicant and a predictive Electromagnetic Energy (EME) Assessment has been included with the application. The report specifies that the proposed facility complies with the relevant Australian Standard (as specified by the Australian Radiation Protection and Nuclear Safety Agency).

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DA 11-1249 - MOBILE TELECOMMUNICATIONS TOWER & ASSOCIATED GROUND FACILITIES - LOT 1 DP336117 - TAYLOR AVENUE, THORNTON (Cont.) The maximum electromagnetic emission (EME) levels from the proposal are well below the mandatory standard at a predicted 0.049% of the Australian Standard, which is therefore well below the required public exposure limits. The maximum EME levels predicted at Thornton Public School are 0.00081% of the Australian Standard, also well below the required public exposure limits.

Although there has been debate within the general community regarding the possible health risks of electromagnetic energy (EME), the facility will operate within the mandatory guidelines, which state there will not be a risk to human health. No other scientific study has found ‘conclusive’ evidence of negative health effects with respect to radio frequencies and electromagnetic energy at the exposure levels proposed.

In this regard, the proposed telecommunications facility is compliant with the relevant standards and shall not create any significant adverse effects in regard to radiation.

• Issue2: Proximity of the development to large trees in the park and risk of falling branches hitting the tower causing it to fall or have live electrical wires exposed. In addition tower instability or exposure of live electrical wires due to wind.

Planner's Comment

The proposal will not be dissimilar to existing steel lighting poles throughout the Maitland area. The development will be certified and built in accordance with all relevant building and construction codes (including the Building Code of Australia) and therefore shall be structurally sound in the event of high winds or falling branches.

• Issue3: Devaluation of nearby properties due to close proximity of tower

Planner's Comment

It is a generally accepted view that property values should not be considered in isolation of other potential impacts (such as amenity impacts). Council is required to consider the likely impacts of a proposal and not perceived impacts which may be a component in determining property values. The issue of property values should only be considered in conjunction with other issues of the proposal. In this regard, there are no significant environmental impacts anticipated in relation to the proposal.

• Issue4: Flora and fauna issues, including damage to trees during park construction, degradation of park due to construction and maintenance access to the tower and power supply and impacts on bird life

Planner's Comment

No large trees will be removed from the site to accommodate the proposal. Minor ground vegetation may be disturbed to a small extent in order to install the facility; however this will be repaired or if necessary, replaced. Only minor disturbance to the soil will occur during construction of the footings; which will be repaired once

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DA 11-1249 - MOBILE TELECOMMUNICATIONS TOWER & ASSOCIATED GROUND FACILITIES - LOT 1 DP336117 - TAYLOR AVENUE, THORNTON (Cont.) construction has completed. Generally, only one vehicle will visit the site each quarter to undertake maintenance of the structure. The maximum electromagnetic emission (EME) levels from the proposal are well below the mandatory standard and are not anticipated to have health impacts on local birds. In this regard, no significant impacts to flora and fauna are anticipated.

• Issue5: Loss of visual amenity of the park due to placement of a large steel structure in an otherwise natural park and bush setting

Planner's Comment

There are a number of other vertical structures in this location that protrude into the skyline, including flood lights, street lights and electricity poles. The proposal would not be out of character with the existing development in the area. The eastern boundary of the site contains a cluster of tall mature trees which will provide considerable screening of the development. The monopole and antennas will be coloured light grey to blend with the skyline in the background and will match existing light poles within the park.

• Issue6: Noise production of the tower due to electrical transformers, lights and wind resistance

Planner's Comment

The only noise emitted by the facility during operation will be associated with a small air conditioning unit attached to the proposed ground shelter, which would produce a sound level similar to that of domestic air conditioners. The shelter is located over 15 metres from the nearest residential dwelling and shall not have significant noise impacts on adjoining properties. Furthermore, lighting proposed is associated with the existing oval lighting (replacing lighting on the existing pole being removed) and is not anticipated to produce high noise levels.

• Issue7: Lighting of the tower intruding into nearby residences

Planner's Comment

The floodlights on the proposed monopole will be at the same height and angle as the existing lighting on the timber lighting pole (which is proposed for removal). Existing light spill will therefore not alter the current level of light being emitted.

• Issue8: Danger to persons climbing the tower

Planner's Comment

The monopole is a steel pole that will not be fitted with steps for climbing, therefore no impacts are anticipated.

• Issue9: It would be better if this tower was re-located to the Thornton industrial area

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DA 11-1249 - MOBILE TELECOMMUNICATIONS TOWER & ASSOCIATED GROUND FACILITIES - LOT 1 DP336117 - TAYLOR AVENUE, THORNTON (Cont.) Planner's Comment

Mobile base stations operate at low levels of power and therefore need to be close to customers. The infrastructure required to make or receive a mobile phone call needs to have line of sight to the people sending or receiving a call as well as link to other telecommunication facilities in the network. Mobile telecommunications facilities are therefore often located within urban areas or on high ground. There is already an existing mobile telecommunications base station at Thornton Industrial Estate, however, this station does not adequately provide the required coverage to the area that this facility will cover.

• Issue10: The development will be a magnet for local vandals to practice their ‘art’

Planner's Comment

The proposed development is not dissimilar to existing structures on the Thornton Oval site, which are not immune to graffiti and vandalism. The proposed development is therefore not considered to increase the event of anti-social behaviour in the area. Should the structures be vandalised or subjected to graffiti, members of the public can contact Council or Optus to report the issue so it can be rectified.

Section 79C(1)(e) the public interest

The proposed development will improve mobile telephone communications in the community by providing network coverage in an area where coverage is currently considered inadequate. The application is therefore considered appropriate in terms of broad public interest. e Comment FINANCIAL IMPLICATIONS

This matter has no direct financial impact upon Council’s adopted budget or forward estimates.

POLICY IMPLICATIONS

This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS

Statutory implications relating to assessment of the subject application have been addressed in the body of the report.

CONCLUSION

An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.

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DA 11-1249 - MOBILE TELECOMMUNICATIONS TOWER & ASSOCIATED GROUND FACILITIES - LOT 1 DP336117 - TAYLOR AVENUE, THORNTON (Cont.) SCHEDULE OF CONDITIONS

APPROVED PLANS AND DOCUMENTATION

CONTRIBUTIONS & FEES

2. Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979, and the Maitland S94A Levy Contributions Plan 2006, a contribution of $600 shall be paid to the Council.

The above amount may be adjusted at the time of the actual payment, in accordance with the provisions of the Maitland City Council S94A Levy Contributions Plan 2006.

Payment of the above amount shall apply to Development Applications as follows:

- Building work only - prior to issue of the Construction Certificate. - Subdivision and building work - prior to the issue of the Construction Certificate, or Subdivision Certificate, whichever occurs first. - Where no construction certificate is required - prior to issue of an Occupation Certificate.

The above "contribution" condition has been applied to ensure that: i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Council's adopted contributions plan prepared in accordance with the provisions of section 94A of the Environmental Planning and Assessment Act, 1979. ii) Council's administration expenses are met with respect to the processing of the application.

BEFORE ANY WORK COMMENCES

3. At least two days before any site works, building or demolition begins, the applicant must:

a) Ensure that a “Construction Certificate” issued by an accredited Principal Certifying Authority (PCA) is obtained prior to commencing any construction

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DA 11-1249 - MOBILE TELECOMMUNICATIONS TOWER & ASSOCIATED GROUND FACILITIES - LOT 1 DP336117 - TAYLOR AVENUE, THORNTON (Cont.) works, and

b) Where Council is not the PCA, submit to Council a “Notice of Appointment” of the PCA at least two (2) days prior to the commencement of construction works.

4. Where Council is the PCA the applicant shall submit to Council a “Notice of Commencement” at least two (2) days prior to the commencement of construction works.

5. Before any site works, building or demolition begins, the applicant must:

a) notify Council of the name, address, phone number and licence number of the Principal Building Contractor and, where applicable, Home Owners Warranty Insurance details, and b) erect signage at the front of the property with the PCA’s and Principal Contractor's name, and contact number, site address and the number given by the Council to the application for the development approval, and

c) provide temporary on-site toilet facilities if access to existing toilets is not adequate, and

d) protect and support any neighbouring buildings and land, and

e) protect any public land or place from obstruction, inconvenience or damage due to the carrying out of the development, and

f) prevent any substance from falling onto any public land or place, and

g) provide suitable and adequate measures to restrict public access to the site and building works, materials and equipment, and

h) pay any Section 94 contributions if required by a contributions plan applying to the land, and

i) comply with any other conditions prescribed by the Environmental Planning & Assessment Regulation 2000.

Note: Various items do not impose a requirement on an applicant where complied with by the builder.

SITE MANAGEMENT

6. Run-off and erosion controls must be implemented before construction to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, as follows:

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DA 11-1249 - MOBILE TELECOMMUNICATIONS TOWER & ASSOCIATED GROUND FACILITIES - LOT 1 DP336117 - TAYLOR AVENUE, THORNTON (Cont.) a) divert uncontaminated run-off around cleared or disturbed areas, and

b) erect a silt fence to prevent debris escaping into drainage systems or waterways, and

c) prevent tracking of sediment by vehicles onto roads, and

d) stockpile topsoil, excavated material, construction and landscaping supplies and debris within the site. In particular, no building materials, refuse or spoil shall be deposited on, or be allowed to remain on, Council's footpath.

7. All excavated and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and are to be constructed so as to deny any flow of water into or around the building or neighbouring buildings or onto neighbouring land.

HOURS OF WORK

8. Any building work must be carried out between 7.00am and 6.00pm Monday to Fridays, and 7.00am to 5.00pm Saturdays, with no work permitted on Sundays or public holidays that may cause offensive noise.

CONSTRUCTION WORKS

9. All building work must be carried out in accordance with the provisions of the Building Code of Australia and in a professional and tradesperson like manner.

GENERAL

10. Throughout the course of construction MANDATORY CRITICAL STAGE INSPECTIONS and any additional inspections nominated by the PCA are required to be carried out in accordance with the Notice of Inspections provided by the PCA.

11. Rubbish generated from the development is to be suitably contained on site at all times. No rubbish shall be stockpiled in a manner which facilitates the rubbish to be blown off site.

AT THE COMPLETION OF WORKS

12. The site is to be cleared of all building refuse and spoil immediately after completion of the building/structure.

13. The development or any portion of the development SHALL NOT BE USED OR OCCUPIED UNTIL an "Occupation Certificate Application" has been received and determined by the PCA and an Occupation or Interim Occupation Certificate has been issued.

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DA 11-1249 - MOBILE TELECOMMUNICATIONS TOWER & ASSOCIATED GROUND FACILITIES - LOT 1 DP336117 - TAYLOR AVENUE, THORNTON (Cont.) Note: where Council is the PCA responsible for issuing the Occupation Certificate, the required fee and all associated information and certifications must accompany the application for the certificate. To ensure occupation or use of the development can occur in a timely fashion, the occupation certificate application should be submitted at the same time as the final mandatory critical stage inspection is being requested.

ADVICE

A. The owner and applicant should note that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant or ‘restriction as to user’ applicable to this property and that any action taken by the applicant in accordance with the consent which results in any loss or damage by way of breach of the covenant will not be the responsibility of Council.

B. It is the applicant’s responsibility to ensure compliance with the requirements of the Telecommunications Act 1997, Radiocommunications Act 1992 and the Telecommunications Code of Practice 1997.

C. The applicant is required to monitor the electromagnetic emissions from the proposed development on an annual basis to ensure that the emissions do not exceed the Electromagnetic radiation maximum thresholds relevant at the time of measurement. Reports of findings shall be kept and made available upon request by Council, or another authorised body (e.g. Department of Health). Should the findings indicate levels which are unacceptable to the relevant standard, then appropriate measures shall be taken.

D. A permanent and legible weatherproof sign must be publicly visible in the immediate proximity of the facility to identify the name and contact details of the operator or site manager in accordance with the ACIF Code.

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Service Planning and Regulation Reports

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Locality Plan

Meeting Date: 11 October 2011

Attachment No: 1

Number of Pages: 1

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Service Planning and Regulation Reports

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Development Plans

Meeting Date: 11 October 2011

Attachment No: 2

Number of Pages: 4

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Service Planning and Regulation Reports

DA 11-1249 - MOBILE TELECOMMUNICATIONS TOWER & ASSOCIATED GROUND FACILITIES - LOT 1 DP336117 - TAYLOR AVENUE, THORNTON

Public Submissions

Meeting Date: 11 October 2011

Attachment No: 3

Number of Pages: 8

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Service Planning and Regulation Reports

DA 11-1249 - MOBILE TELECOMMUNICATIONS TOWER & ASSOCIATED GROUND FACILITIES - LOT 1 DP336117 - TAYLOR AVENUE, THORNTON

EME Report

Meeting Date: 11 October 2011

Attachment No: 4

Number of Pages: 3

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10.5 PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. RECOMMENDATION: APPROVAL

File No: DA11-1956 Attachments: 1. Locality Plan 2. Development Plans 3. Submission Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation David Simm - Manager Development & Environment Stephen Punch - Principal Planner Author: Ian Cunningham - Town Planner

Applicant: Rural Fire Service Owner: Maitland City Council Proposal Construction of (and use) Emergency Services Facility Location: Lot 201, DP520191, 110 Mt Vincent Road, East Maitland. Zone: 5(a) Special uses and 1(b) Secondary Rural

EXECUTIVE SUMMARY

The proposal seeks consent to construct an Emergency Services Facility for the use of the Rural Fire Service (RFS) within a 57ha parcel of land, owned by Council, located on Mt Vincent Road, East Maitland.

The proposed development will consist of a warehouse, administration building, brigade building and a 20m high communications mast. A further brigade building already occupies the site and will be utilised in the overall development.

The portion of the subject land proposed to accommodate the facility is zoned 5(a) ‘Special Uses’ and by virtue of this zoning, is intended to provide for such development.

The proposed facility will consolidate the operations of the RFS replacing three existing Fire Control Centres (FCC) and will service the Local Government Areas of Cessnock, Maitland, Dungog, and Port Stephens.

The proposed facility will provide for the following activities:

●Coordination and management of local brigade response to fire and other emergencies, including natural disasters, accidents and other civil emergencies

● Coordination of major incidents in the zone

● Provide advice and assistance to the community on bush fire risk management,

Page (195) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.) fire bans and hazard reduction

● Investigation of bush fire hazard complaints and associated corrective actions

● Community education

●Volunteer recruitment and training.

The proposed development is permissible under the current 1993 Maitland Local Environment Plan and the draft 2011 Maitland Local Environment Plan. The State Environmental Planning Policy (Infrastructure) 2007 also identifies Emergency Services Facilities as being permissible in the ‘SP1, Infrastructure’ zoning (as identified in the template LEP), with consent.

The proposed development was advertised/notified in accordance with Council policy and as a result of this process, attracted one (1) submission objecting to the proposal. The issues cited in the objection are discussed further in the body of this report and are not considered to warrant refusal of the development application.

OFFICER’S RECOMMENDATION

THAT Development Consent 11-1956 for the Construction and Use of an Emergency Services Facility on Lot 210 DP520191, 110 Mount Vincent Road, East Maitland, be approved subject to conditions of consent.

BACKGROUND / SITE DESCRIPTION

The subject site is owned by Maitland City Council and located on Mt Vincent Rd, East Maitland. The overall lot consists of 57.59ha and is partially zoned 5(a) ‘Special Uses’ and also 1(b) Secondary Rural under the 1993 Maitland LEP. Approximately 2/3 of the overall lot is vegetated, dominated by Lower Hunter Spotted Gum / Ironbark.

The proposed development will require removal of approximately 1.8ha of trees, the majority of which are regrowth of approximately 20 years old, and this will be offset by replanting with endemic species within the overall site to a greater density (1:10) than is removed. The remainder of the overall lot will remain as is.

The overall lot is currently occupied in the north east corner by the RFS and accommodates a brigade building and a small portion of hardstand car park.

PROPOSAL

The RFS propose to consolidate three existing Fire Control Centres into one Emergency Service Facility and locate this facility on the subject land. As previously described, the facility will serve the following functions:

Page (196) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.) ● Coordination and management of local brigade response to fire and other emergencies, including natural disasters, accidents and other civil emergencies

● Coordination of major incidents in the zone

● Provide advice and assistance to the community on bush fire risk management, fire bans and hazard reduction

● Investigation of bush fire hazard complaints and associated corrective actions

● Community education

● Volunteer recruitment and training.

The proposed facility will comprise the construction of an administration/training building of approximately 778m2, a warehouse of approximately 972m2, a brigade building of approximately 300m2, and a 20m high communications tower. A smaller brigade building currently occupies the site and is utilised by the RFS. The four buildings will be spread over an area of roughly 1.8ha with associated hardstand car parking separating the buildings.

Mt Vincent Road adjacent to the development site will be upgraded to provide turning lanes to facilitate the access and egress of the site, and internal hardstand will be configured to facilitate the movement of heavy vehicles within the site.

A separate application to Council will be required to install and operate an on-site sewage management facility.

PLANNING ASSESSMENT

Section 79C(1)(a)(i) provisions of any environmental planning instrument

Maitland Local Environmental Plan (LEP)1993

The subject land is zoned both 5(a) ‘Special Uses’ and 1(b) ‘Secondary Rural’ under the 1993 Maitland LEP. The portion of land proposed for the construction of the facility falls within the 5(a) zone. The objective of the zone is ‘to identify land required for the provision of public services and community facilities and major non- commercial land uses’. The LEP requires development within this zone to satisfy the above objectives.

Whilst ‘Special Uses’ is not clearly defined in the LEP, it is considered that the proposed development adequately meets the objectives in terms of being both a public service and a community facility, and is not a commercial land use.

Regional Environmental Plan

Not relevant.

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PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.) State Environmental Planning Policies

The State Environmental Planning Policy (Infrastructure) 2007 (SEPP) is considered.

The SEPP identifies ‘Emergency services facilities’ and includes in its definition of an emergency services organisation, ‘the NSW Rural Fire Service’

The SEPP permits the development of an ‘emergency services facility’ without consent in a prescribed zone with the exception of the Rural Fire Service, thus the proposal requires Council consent.

Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition

The 2011 Maitland Local Environment Plan has been adopted, however not gazetted at the time of this assessment. The document is treated as being in draft form.

The draft document redefines the subject land from 5(a) ‘Special Uses’ to SP1 ‘Special Activities’. The objectives of the Special Activities zone are:

●To provide for special uses that are not provided for in other zones.

●To provide for sites with special natural characteristics that are not provided

for in other zones.

●To facilitate development that is in keeping with the special characteristics of the

site or its existing or intended special use, and that minimises any adverse impacts

on surrounding land.

The draft document defines development permitted with consent as:

●’The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose’.

In this case, the subject land is identified on the Land Zoning Map as ‘Waste Disposal Facility’. In strict terms development in this zone would be required to be ancillary or ordinarily incidental to this use. Notwithstanding, in identifying the subject site during the course of zoning for the draft document, the existence of the RFS facility upon the subject site was acknowledged and further use of the site ancillary to the existing use is considered appropriate.

Section 79C(1)(a)(iii) any development control plan (DCP)

The ‘Car Parking’ chapter of the Maitland Citywide DCP is relevant to this proposal.

The proposed development consists of the following new buildings:

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PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.) ●Administration/training building, approx. area 778m2, requires 1 car space per 40m2 GFA, thus car parking requirement equates to 19 spaces.

●Warehouse building, approx. area 972m2, requires 1 car space per 300m2 GFA, thus car parking requirement equates to 3 spaces.

● Brigade building (garaging of vehicles) approx. area 300m2, requires 1 car space per 300m2 GFA, thus car parking requirement equates to 1 car space.

(As above for existing building).

The total car parking requirement for the proposed development is 24 spaces. The proposed development makes provision for 61 car spaces, well in excess of the requirement.

The On-Site Sewage Management Facility chapter of the Maitland Citywide DCP is relevant to this proposal.

The subject site is not sewered, as such will require the installation of an on-site sewage management facility (OSSMF) in accordance with Council requirements. Consent conditioning will require a separate application to Council to install and operate an on-site sewage management facility prior to the issue of a Construction Certificate for the proposed development. The application for an OSSMF will require analysis of the site conditions in respect of the suitability to accommodate the system. The capacity of the system will be dependent on the calculated load. Given the large availability of land to accommodate the system and disposal area, it is not expected that any issues will arise in respect of installing a suitable OSSMF for the development.

Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph)

Not relevant.

Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

The proposed development is an essential community service and as such the proposed development constitutes a benefit to the community in terms of centralising and improving the facility. The proposed development will also benefit the community in terms of providing a facility that is able to offer training and volunteer employment prospects in the Rural Fire Service.

The subject site is acknowledged as being vegetated by Lower Hunter Spotted Gum/Ironbark and relevant assessment has been performed on the site by PEA Consulting on behalf of the RFS to determine the value of the existing vegetation and also the likely impacts of the proposed development.

A Flora & Fauna Management Plan has subsequently been produced to address the specific site issues. The Plan identifies a very small proportion of potential habitat

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PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.) trees existing on the area to be developed, and makes appropriate recommendations in respect of establishment of new habitat.

The overall Plan is inclusive of an offset planting regime whereby a ratio of 1:10 replanting within the overall lot will occur with ongoing maintenance. In this event, the vegetation will ultimately be increased on the overall lot.

It is considered that subject to the implementation of the Flora & Fauna management plan, the site will not be unduly affected as a result of the proposed development.

Section 79C(1)(c) the suitability of the site for the development

The site has been chosen by the RFS to serve as a centralised location in which to serve the Cessnock, Maitland Dungog and Port Stephens Local Government Areas. The site has been used by the RFS to date and it is considered to be a logical development site for the proposed facility in terms of accessibility and minimal interference with adjoining land uses. The size and topography of the site permits the development to occur without any constraints imposed upon manoeuvring, parking and storage etc.

Mount Vincent Road will be upgraded in terms of providing turning lanes to access the site, and the remaining vegetation on and surrounding the site will serve to aesthetically integrate the development.

Section 79C(1)(d) any submissions made in accordance with this act or the regulations

The proposal was advertised/notified in accordance with Council policy from the 22nd August 2011 to the 5th September 2011. As a result of this process, one (1) submission was received objecting to the proposal.

The main issues raised by the objectors are summarised below and comment provided:

Issue

The advertising does not comply with Council’s Advertising policy as it does not advise of the applicants name or details.

Comment

The notification letter clearly identifies the proposal as an ‘Emergency Services Facility, Regional Fire Control Centre’, (Rural Fire Service).

Issue

The objector did not have enough time to assess the information.

Comment

The advertising/notification period was for 14 days in accordance with the policy.

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PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.) Issue

The objector states that the proposed road pattern (access to the subject site from Cessnock Road) will not be workable and that the plans submitted are incorrect.

Comment

Council’s engineer and traffic officer have reviewed the proposal for compliance with ‘Austroads’ and Council’s Manual of Engineering Standards and found the proposed roadwork treatment generally satisfactory. Additional consent conditions will be applied to ensure compliance with the relevant standards.

Issue

It is alleged that Council are not in a position to assess the impacts upon the subject site from the existing waste management facility which is located opposite the site.

Comment

Council is satisfied that the existing waste facility will not detrimentally impact upon the proposed development. It is further noted that the RFS have been in occupation of the site for some time.

Issue

Council cannot be satisfied in respect of impacts upon threatened species on the site.

Comment

The RFS have employed a consultant to assess the relevant impacts upon flaura and fauna. The site is vegetated with predominately Lower Hunter Spotted Gum/Ironbark.

A flora & fauna management plan has been developed by the consultant (PEA Consulting) to address the pertinent issues on the site and this plan has been reviewed by Council’s Environment staff, with the result that the management plan will be applied as part of the consent so as to address and implement the findings and recommendations of the plan.

Issue

The objector alleges that leachate from the existing waste facility is impacting upon his property (Lot 42, north of the subject site) and that leachate will affect the subject site. The objector claims a detailed assessment in accordance with SEPP 55 is required.

Comment

SEPP 55 is concerned with the remediation of contaminated land. The objectors claim is unsupported to the extent of confirming contamination of the subject land. Until such times as contamination is evidenced or suspected, it is not considered relevant to apply SEPP 55. It is noted that the existing waste management facility is

Page (201) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.) designed to collect, monitor and treat storm water and leachate from the landfill and that this practice is ongoing and effective.

Issue

The issues of dust, noise odour and vermin are required to be considered. The proposal should be assessed in accordance with s79C of the EP&A Act.

Comment

The subject site has been occupied by the RFS for some time without issues, (as described above) being brought to the attention of Council.

Further, the landfill site is Integrated Development and requires an Environment Protection Licence (EPL) under the Protection of the Environment Operations Act 1997, thus as a Statutory requirement, the regime of monitoring and addressing such issues as dust, noise, vermin etc is ongoing.

The proposal has been assessed in accordance with s79C of the Environmental Planning & Assessment Act 1979 and found to be satisfactory.

Issue

The proposal is contrary to Clause 50 of the Maitland 1993 LEP in terms of development within 500m of the waste tipping site face, and accordingly cannot support human habitation. It is further alleged that Council cannot approve the proposed development whilst the investigations into proposed expansion of the waste facility have not been completed and considered.

Comment

Clause 50 of the Maitland LEP 1993 applies to land identified within the waste buffer and states that no development is permissible within that buffer without the consent of Council. It further states that no development will be permissible within that buffer that supports human habitation.

It is generally accepted that the intent of the waste buffer is to restrict residential development within the buffer where it is demonstrated that impacts from the waste management facility are possible upon that development. Notwithstanding, some residential development has been approved or exists within the buffer where it has been shown that sufficient physical separation from the actual waste site exists such that residential development can be appropriate.

It is pertinent to this matter to consider the distinction between residential development where a building is occupied for habitable purposes, as opposed to a non-residential building that is occupied for the purposes of an activity/use other than residential, as is the case with the subject proposal.

Page (202) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.) In terms of defining ‘human habitation’, no definition is provided within the LEP nor the Standard Instrument, however the Building Code of Australia does make the clear definition as follows:

‘Habitable room means a room used for normal domestic activities, and-

(a) Includes a bedroom, living room, lounge room, music room, television room, kitchen, dining room, sewing room, study, playroom, family room, home theatre and sunroom: but

(b) Excludes a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, hallway, lobby, photographic darkroom, clothes-drying room, and other spaces of a specialised nature occupied neither frequently not for extended periods.”

It is demonstrated in the above definition that a distinction exists between a building used for habitable purposes and one that is not. For the purpose of defining the use of the proposed RFS facility, it is justified in defining its intended use as not being habitable, thus negating the restriction imposed by the description within clause 50 of the LEP.

Further, it is noted that the site has been utilised by the RFS for some time without impact from the waste management facility.

In terms of the consideration of impacts from the current proposal to increase the height and life span of the waste management facility, it is considered sufficient feedback is available to Council at the time of this assessment, (sourced from independent investigations of the waste facility expansion proposal) to gauge the likely impact of the waste facility expansion upon the subject proposal.

Initial findings indicate that the expected impacts from the proposed height increase of the landfill, and the proposed extension of the operating life of the site will not have any adverse effect given the nature of the existing operation and subsequent measures that are effected to control odour, wind borne dust and debris, leachate and storm water run-off.

Assessment of the current proposal to increase the landfill height and longevity of the waste management site is favourably supported in a report by Hyder Consultants.

Issue

The impact of the proposal on adjoining land has not been considered. A dwelling construction is imminent on Lot 42.

Comment

The proposed dwelling that is the subject of this comment will have a separation distance (south-east) of approximately 400m from the proposed RFS development. The proposed dwelling site will also have a similar separation distance from Mount Vincent Road.

Page (203) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.) Given the substantial separation distance, it is not considered that impacts will result upon the proposed dwelling as a result of the proposed facility. The proposed facility will in the main be operating normal business hours except in the event of an emergency.

Section 79C(1)(e) the public interest

The proposed development will benefit the broader community in terms of a more centralised emergency facility that will serve to provide improved delivery of emergency services to the Maitland and surrounding local government areas.

FINANCIAL IMPLICATIONS

This matter has no direct financial impact upon Council’s adopted budget or forward estimates.

POLICY IMPLICATIONS

This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS

Statutory implications relating to assessment of the subject application have been addressed in the body of the report

CONCLUSION

The proposed development is permissible in the zone, and is considered suitable for the site, thus is recommended for approval subject to consent conditions.

Page (204) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.) SCHEDULE OF CONDITIONS

Proposed Emergency Services Facility-Regional Fire Control Centre, Lot 201 DP520191, 110 Mt Vincent Road, East Maitland.

APPROVED PLANS AND DOCUMENTATION

Plan Ref. Sheet Rev n Revision Prepared by: No No No Date (consultant) Site Plan Concept 1 of 1 n/a 18/7/2011 Port Stephens Council Ground Floor Plan (Warehouse) A01 SKC 8/7/2011 Kollanyi Architects P/L Mezzanine Plan (Warehouse) A02 SKC 8/7/2011 Kollanyi Architects P/L Elevations (Warehouse) A03 SKC 8/7/2011 Kollanyi Architects P/L Floor Plan (Brigade Building) A01 A 11/4/2011 Kollanyi Architects P/L Elevations 1/2 (Brigade A03 A 11/4/2011 Kollanyi Architects P/L Building) Elevations 2/2 (Brigade A04 A 11/4/2011 Kollanyi Architects P/L Building) Sections *(Brigade Building) A05 A 11/4/2011 Kollanyi Architects P/L Floor Plan (Admin Building) Xl-A01 B 16/9/2010 Govt. Architects Office Sections (Admin Building) ST-A06 D 14/9/2010 Govt. Architects Office Elevations (Admin Building) XL-A05 B 16/9/2010 Govt. Architects Office

CONTRIBUTIONS & FEES

2. Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979, and the Maitland S94A Levy Contributions Plan 2006, a contribution of $49,342 shall be paid to the Council.

Page (205) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.) The above amount may be adjusted at the time of the actual payment, in accordance with the provisions of the Maitland City Council S94A Levy Contributions Plan 2006.

Payment of the above amount shall apply to Development Applications as follows:

- Building work only - prior to issue of the Construction Certificate.

- Subdivision and building work - prior to the issue of the Construction Certificate, or

Subdivision Certificate, whichever occurs first.

- Where no construction certificate is required - prior to issue of an Occupation Certificate.

The above "contribution" condition has been applied to ensure that:

i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Council's adopted contributions plan prepared in accordance with the provisions of section 94A of the Environmental Planning and Assessment Act, 1979.

ii) Council's administration expenses are met with respect to the processing of the application.

CERTIFICATES

3. Prior to the commencement of works an application for a Construction Certificate shall be submitted to, and be approved by, the Accredited Certifier.

4. Prior to the issue of an Occupation Certificate all conditions of development consent shall be complied with.

5. Prior to occupation of the building an Occupation Certificate shall be issued by the Principal Certifying Authority.

6. Prior to issue of the Construction Certificate, a certificate of compliance under Section 50 of the Hunter Water Act 1991 for this development, shall be submitted to the Accredited Certifier.

PUBLIC ROAD 7. Prior to issue of an Occupation Certificate an intersection treatment in Mt Vincent Rd at the new access point shall be provided in accordance with Austroads standards and Council’s Manual of Engineering Standards. The works shall be designed and constructed to completion generally in accordance with the stamped approved plans including (but not limit to):

Page (206) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.) a) A CHR right-turn deceleration and storage lane b) An AUL left-turn deceleration lane c) Pavement widening on the west side of Mt Vincent Rd to provide for the northbound lane and shoulder d) Pavement marking at the waste depot entry to provide a CHR right-turn deceleration and storage lane e) Lane width/limits, tapers and pavement marking as required by Council f) Removal or bitumen seal overspray of redundant pavement markings g) Turning movements catering for an Australian Standards Heavy Rigid Vehicle

INTERNAL TRAFFIC CONTROL

8. Prior to issue of an Occupation Certificate the following traffic management features shall be provided within the development site: a) A “NO ENTRY” sign facing Mt Vincent Rd at the existing exit point b) Combined entry/exit pavement marking at the new access point c) Pavement markings and signposting for traffic circulation d) Signposting west of the Louth Park Brigade building directing all exiting traffic via the circulating route to the new access point, with the exception of Emergency Vehicles

STORMWATER DRAINAGE

9. A major/minor stormwater drainage system, including retention of runoff utilising Water Sensitive Urban Design principles, shall be provided in accordance with Council’s Manual of Engineering Standards.

10. A stormwater retention/entrapment system shall be designed, approved and constructed to collect gross pollutants, nutrients and hydrocarbons generated from the contributing pavement areas in accordance with Council’s Manual of Engineering Standards.

EROSION CONTROL

11. The site and its surrounding environs shall be protected from the effects of erosion (as water and wind borne particles) and off-site “vehicle tracking”, by the application of adequate controls. Details in accordance with Council’s Manual of Engineering Standards and the manual, “Managing Urban Stormwater” shall be submitted as part of the Construction Certificate application.

Page (207) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

CIVIL WORKS

12. Prior to issue of the Construction Certificate for the pavement and drainage works within the site, an engineering design shall be prepared, in accordance with Council's Manual of Engineering Standards, for approval.

13. Prior to commencement of works within the public road reserve; • an engineering design, in accordance with Council's Manual Of Engineering Standards, shall be submitted to Council for approval • consent under the Roads Act for the approved works, shall be issued by Council • all relevant Council fees shall be paid • a traffic control plan in accordance with the RTA publication “Traffic Control at Worksites” shall be submitted to, and be approved by, Council.

LANDSCAPING

14. All landscaped areas of the development shall be maintained in accordance with the approved landscape plan. The landscaped areas shall be kept free of parked vehicles, stored goods, waste material, and the like.

CARPARKING

15. Car parking for the development shall be provided in accordance with the approved plans.

16. All on-site driveways, parking areas and vehicles turning areas shall be constructed with a bitumen sealed granular pavement, segmental pavers, or as reinforced concrete.

17. All parking bays shall be delineated with line-marking and/or signposting.

ON-SITE SEWAGE MANAGEMENT

Page (208) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.) 18. Prior to the issue of the Construction Certificate an application shall be submitted to and approved by Council for an on-site sewage management facility.

FLORA & FAUNA

19. The Flora & Fauna Management Plan prepared by PEA Consulting dated 24/9/11 shall be implemented and all new plantings at a replacement rate of 1:10 shall be over an area not less than 1.8ha and maintained until self supporting. All removal of existing flora shall be through ‘soft-felling’ technique and shall be done under the supervision of a suitably qualified ecologist in respect of the management of displaced fauna. It is recommended that nest boxes be placed on the ground in addition to permanent tree locations.

BUILDING CONSTRUCTION

20. All building work shall be carried out in accordance with the provisions of the Building Code of Australia.

21. Upon completion of the building BUT prior to its occupation, a Final Fire Safety Certificate with respect to each critical and essential fire safety measure installed in the building shall be submitted to Council. Such certificates shall be prepared in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.

22. At least once in each twelve month period, fire safety statements in respect of each required essential fire safety measure installed within the building shall be submitted to Council. Such certificates are to state that: a) The service has been inspected and tested by a person (chosen by the owner of the building) who is competent to carry out such inspection and test; and b) That the service was or was not (as at the date on which it was inspected and tested) found to be capable of operating to a standard not less than that specified in the fire safety schedule for the building). Such statements shall be prepared in accordance with Division 5 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.

Page (209) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.) 23. All excavations and backfilling shall be executed safely, in accordance with appropriate professional standards and shall be properly guarded and protected to prevent the works from being dangerous to life or property.

24. The applicant shall submit to Council, “Notice of Commencement” at least two days prior to the commencement of construction works.

25. Hours of Work:

Unless otherwise approved by Council in writing; all building work associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Fridays and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise.

SERVICES & EQUIPMENT

26. A copy of the fire safety schedule and fire safety certificate shall be prominently displayed in the building in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation 2000.

27. A copy of the fire safety schedule and fire safety certificate shall be forwarded to the Commissioner of New South Wales Fire Brigades, in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.

SITE CONSIDERATIONS

28. All excavated and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and constructed so as to deny any flow of water into or around the building or neighbouring buildings or onto neighbouring land. Where a retaining wall is planned for this purpose and such wall exceeds 1.0m in height at any point from finished ground level, plans and specifications of the construction SHALL BE APPROVED BY COUNCIL BEFORE WORKS COMMENCE. Plans and specifications of retaining walls greater than 1.0m in height MUST BE CERTIFIED BY A PRACTICING PROFESSIONAL ENGINEER. Note: The submission of a separate Development Application is not required for a retaining wall associated with this approval and indicated on the approved plans.

Page (210) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.) 29. All building refuse on this building site shall be stored in such a manner so as not to cause a nuisance to adjoining properties.

30. If the work:

i) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or

ii) involves the enclosure of a public place

a hoarding or fence must be erected between the work site and the public place.

If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Any such hoarding, fence or awning is to be removed when the work has been completed.

31. A sign must be erected in a prominent position on the work:

(i) stating that unauthorised entry to work site is prohibited, and

(ii) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted during work hours. Any such sign is to be removed when the work has been completed.

This condition does not apply to:

(i) building work carried out inside an existing building, or

(ii) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.

32. Approved toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. The provision of toilet facilities in accordance with this Clause must be completed before any other work is commenced.

Page (211) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.) 33. The site is to be cleared of all building refuse and spoil immediately after completion of the building/structure.

34. No building materials, refuse or spoil is to be deposited on or be allowed to remain on Council's footpath.

35. Suitable and adequate measures are to be applied to restrict public access to the site and building works, materials and equipment.

ADVICES

A It is the Applicants responsibility to ensure compliance with the requirements of the Disability Discrimination Act, 1992 (DDA). Note: Compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.

B You are advised that, prior to submitting an application for an Occupation Certificate the applicant should ensure that all relevant conditions of development consent have been complied with.

C You are advised that, prior to pouring of internal concrete driveways and kerbs, which act as surface depression storage for the stormwater detention, (and/or surfaces which divert runoff to those storage areas), levels should be confirmed, by survey, on formwork and control marks.

F You are advised that further consent for a driveway across the footway verge must be obtained. Inspections of works (eg formwork & reinforcement MUST be carried out by Council. (See Council’s “Application To Construct Private Works On Footway”). You should contact Council (ph. 49 34 9700), giving at least 24 hours notice for inspections.

D You are advised that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant or easement applicable to this property and that Council will not be held responsible when action on this consent results in any loss or damage by way of breach of matters relating to title of the property.

E You are advised that any proposed advertising signs are subject to a separate Development Application to Council.

F You are advised that in regard to potential soil erosion from the construction site, such pollution of the environment is an offence under the Protection of the Environment & Operations (POEO) Act and may incur infringement fines.

Page (212) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

G You are advised that, in accordance with the EP&A Act, (sec.109F) payment of the building industry Long Service Leave levy, where applicable, must be paid prior to issue of any Construction Certificate.

H You are advised that traffic control devices and facilities in the public road are subject to consideration and approval of the Council’s Local Traffic Committee upon receipt of detailed plans of those features.

I You are advised that removal of flora from the subject site may require concurrent consent from the Catchment Management Authority.

J You are advised that additional works will be required to provide a static water supply to the site and that Council will not be liable for any cost associated with those works.

Page (213) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

Service Planning and Regulation Reports

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND.

Locality Plan

Meeting Date: 11 October 2011

Attachment No: 1

Number of Pages: 1

Page (214) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

Page (215) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

Service Planning and Regulation Reports

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND.

Development Plans

Meeting Date: 11 October 2011

Attachment No: 2

Number of Pages: 11

Page (216) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

Page (217) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

Page (218) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

Page (219) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

Page (220) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

Page (221) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

Page (222) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

Page (223) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

Page (224) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

Page (225) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

Page (226) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

Page (227) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

Service Planning and Regulation Reports

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND.

Submission

Meeting Date: 11 October 2011

Attachment No: 3

Number of Pages: 3

Page (228) ORDINARY MEETING AGENDA 11 OCTOBER 2011

PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

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PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

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PROPOSED RURAL FIRE SERVICE EMERGENCY FACILITY, LOT 201, DP520191, 110 MT VINCENT ROAD, EAST MAITLAND. (Cont.)

Page (231) ORDINARY MEETING AGENDA 11 OCTOBER 2011

11 ASSETS AND INFRASTRUCTURE PLANNING REPORTS

11.1 BITTER AND TWISTED INTERNATIONAL BOUTIQUE BEER FESTIVAL - TEMPORARY ROAD CLOSURE

File No: 222/156 Attachments: 1. Traffic Control Plan Responsible Officer: Chris James - Group Manager Assets and Infrastructure Planning Stephen Hawes - Manager Infrastructure Planning and Administration Scott Henderson - Infrastructure Planning Engineer Author: Kenneth Splatt - Traffic Officer Maitland 2021 Outcome 3: Iconic events and local festivals Council Objective: 3.2.2 To see Maitland Gaol widely recognised as one of the iconic tourism attractions of the Hunter Region

EXECUTIVE SUMMARY

Maitland Tourism is seeking Council approval to temporarily close a section of John Street East Maitland to vehicular traffic during the Bitter and Twisted International Boutique Beer Festival to be held on 5 and 6 November 2011, at Maitland Gaol. Since its inception in 2007, the Festival has continued to grow and is now recognised as an international event. The traffic management measures outlined in the report should ensure a safe and memorable event for all attendees.

OFFICER’S RECOMMENDATION

THAT John Street, East Maitland be temporarily closed to vehicular traffic from 6.00am to 8.00pm on Saturday and Sunday, 5 and 6 November 2011, for the holding of the 2011 Bitter and Twisted International Boutique Beer Festival. The temporary closure will extend from the Morpeth Road roundabout to just east of the main entrance of Maitland Gaol.

REPORT This report is submitted for Council’s approval to temporarily close a section of John Street East Maitland to vehicular traffic during the Bitter and Twisted International Boutique Beer Festival to be held on 5 and 6 November 2011, at Maitland Gaol. The two day event will be held within the Maitland Gaol complex during daylight hours.

Following on from the success of the inaugural event in 2007 Bitter and Twisted will feature beer-tasting stalls from the best Australian micro-breweries as well as specialty international beer from around the globe. There will be a broad range of beers available for tasting with catering stalls selling gourmet food that will match the wide range of beer. Selected general stalls will also be selling quality merchandise – arts, crafts, and local produce.

Page (232) ORDINARY MEETING AGENDA 11 OCTOBER 2011

BITTER AND TWISTED INTERNATIONAL BOUTIQUE BEER FESTIVAL - TEMPORARY ROAD CLOSURE (Cont.)

Entertainment will feature one nationally recognised headline act per day complemented by quality support acts on the main stage. Street performers and entertainers will be a feature throughout the Festival.

The unique venue offers a point of difference from most beer festivals, which tend to be held within or around hotel environments. Beer will be presented in a relaxed and entertaining environment that is suited to families as well as couples and groups of friends.

Anticipated attendance is 6000 over the two days (with a maximum attendance 7500 over the two days). The maximum daily attendance is limited to 3750.

Parking for the event will be provided within Anzac Park adjacent to John Street and Maitland Gaol. Entry and exit access to this parking area will be via the entry point at the extreme southern end of King Street, and will be controlled by on-site marshals within the park area.

The event will start at 10.00am and finish at 6.00pm each day.

The temporary closure of John Street, which runs directly past the main entrance to the gaol is necessary to enable safe pedestrian movement from surrounding areas, mainly the nearby railway station and the event car park in Anzac Park. No stalls or displays will be located on John Street – all activity is contained within Maitland Gaol.

This matter was discussed at the meeting of the Local Traffic Committee on 1 September 2011. The standard newspaper advert inviting public comment regarding the special event and temporary road closures was printed in the Hunter Post on 7 and 14 September 2011. Closing date for submissions is 5 October 2011. No submissions have been received to date.

CONCLUSION This event has been successfully held over the past years. The traffic management measures described will ensure a safe and memorable event for all attendees. Approval of the closure is recommended.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

Page (233) ORDINARY MEETING AGENDA 11 OCTOBER 2011

BITTER AND TWISTED INTERNATIONAL BOUTIQUE BEER FESTIVAL - TEMPORARY ROAD CLOSURE (Cont.)

Assets and Infrastructure Planning Reports

BITTER AND TWISTED INTERNATIONAL BOUTIQUE BEER FESTIVAL - TEMPORARY ROAD CLOSURE

Traffic Control Plan

Meeting Date: 11 October 2011

Attachment No: 1

Number of Pages: 1

Page (234) ORDINARY MEETING AGENDA 11 OCTOBER 2011

BITTER AND TWISTED INTERNATIONAL BOUTIQUE BEER FESTIVAL - TEMPORARY ROAD CLOSURE (Cont.)

Page (235) ORDINARY MEETING AGENDA 11 OCTOBER 2011

12 FINANCE AND ADMINISTRATION REPORTS

12.1 MAITLAND GAOL - ANNUAL REPORT

File No: 60/2 Attachments: Nil Responsible Officer: Rachel MacLucas - Manager Marketing and Communications Graeme Tolhurst - Group Manager Finance and Administration Author: Gordon Sauber - Gaol Operations Coordinator Rachel MacLucas - Manager Marketing and Communications Maitland 2021 Outcome 3: Iconic events and local festivals Council Objective: 3.2.2 To see Maitland Gaol widely recognised as one of the iconic tourism attractions of the Hunter Region

EXECUTIVE SUMMARY

To provide Council with an update on the management and operation of Maitland Gaol for the 2010/11 financial year.

OFFICER’S RECOMMENDATION

THAT The report be received and noted.

REPORT Introduction

At its meeting on 27 July 2004, Council endorsed a report on Maitland Gaol which outlined a proposed framework for the development of the facility and since that time, the management and operation of the gaol has been undertaken in pursuance of that developmental framework. In 2010/2011, the results were financially pleasing in that the strict financial control under which the gaol has been run ensured that a small surplus on operations was achieved. However the current external financial and economic situation in which the Gaol is operating has meant that attendances have contracted from the high point achieved in 2008/2009, when a total of almost 35,000 people visited the gaol for either tours, functions or events presented within the facility, to just under 29,000 for the 2010/2011 financial year. As will be indicated within the body of the report, the long term effect of highly restricted gaol marketing continues to have a detrimental effect on the long term potential growth of the business. Limited targeted marketing was undertaken during the 2010/2011 financial year and the immediate effects of the could be seen within the statistics of visitation for the period, giving a good indicator as to what should be

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MAITLAND GAOL - ANNUAL REPORT (Cont.) able to be achieved in the future with a more intense and programmed marketing plan and sustained marketing funding. During the period from late 2004 to that under review, a deliberate, concerted and successful effort has been made to build the visitation in general but in particular, in the function and event segment of the visitation. The success of activities such as the Bitter and Twisted International Boutique Beer Festival highlight this, however these activities do not bring a commensurate increase in the gaol income as many of these activities are not commercial activities of the gaol. As well as this effort to target visitation, a similar and highly successful program of proactively seeking grant funding to undertake essential ongoing maintenance and development works has occurred which to the end of financial year 2010/2011 has seen over $750,000 in specific purpose grants allocated to Maitland Gaol together with over $200,000 in various Work for the Dole projects being undertaken. These grants represent an expenditure of well over $1.5 million over the last 10+ years on maintenance and development works.

Product Offering

Tours

During the last financial year, the gaol continued to provide a variety of tour products to the market based on the approach of a thematic interpretation of the social and historical aspects of the gaol via guided tours (e.g. Ex-inmate, Ex-warder, History and Psychic) and the highly successful self-guided audio tour. In an attempt to attract repeat visitation, which was difficult to achieve with the existing tour product, a program of updating and development of a series of new themed guided tours was commenced in the second half of the financial year with the first of the series, a tour based on the escapes from Maitland Gaol being successfully trialled for the first time during the April school holiday period. With the restructure of the Marketing and Communications Division which commenced in July 2011, the development of several other tour themes including the executions at Maitland Gaol, the Governor’s inspection of the gaol and the graffiti and artwork to be found within the gaol proposed for development have had to be postponed. A successful $17,000 NSW Heritage Grant application for interpretation was received for the 2011/2013 period. This is to undertake an update of the current adult self-guided audio tour, originally installed in October 2007, and concurrently develop a children’s version of the tour. The development is budgeted to cost $58,300 and is programmed to be complete by October 2012 when the current maintenance contract on the original self-guided audio tour expires.

Functions

In 2010/2011, the gaol continued to present a regular program of its own functions together with hosting a number of private activities including dinners, parties, presentations and similar items. The gaol also continues to be a popular venue for filming however this activity needs to be fitted around the other commercial aspects of operation and is not, as is often

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MAITLAND GAOL - ANNUAL REPORT (Cont.) portrayed, especially lucrative. Of recent years, the need to close the gaol to accommodate filming has been more carefully managed and today, it is rare that a full closure is required for a filming activity. The gaol’s own functions offering included: • Several public murder mystery evenings • Look Who’s Talking Local History lecture series (in conjunction with Maitland Library) • January “Off the Planet” outdoor movie series (in conjunction with Maitland Library) • Several special dress-up tours such as Halloween and Black Friday themed Psychic tours • The gaol’s public Christmas functions All functions were well attended, often booked out and provided additional product for attracting different clientele to the gaol from that which would normally be attracted through the traditional guided and self-guided tour product.

Events

Several public and private events occurred at the gaol during the year including the largest individual activity, the Bitter and Twisted International Boutique Beer Festival in November. Events are a popular activity however stretch the capacity of the gaol’s infrastructure and much of this infrastructure is particularly expensive to install. Over the last ten years, this aspect of the gaol’s capacity has been increased appreciably and much of the ongoing development has been to support the capacity to host these activities. It has included, among other things, the acquisition of a 21m x 10m marquee in 2008, installation of high capacity electrical equipment, and in 2010, the completion of the interpretation of the two demolished buildings at the rear of the gaol site which as a consequence, allowed the area to be levelled and turfed and made more suitable for installation of marquees, stages and other event infrastructure. This was first used at the 2010 Bitter and Twisted Festival. Events provide opportunities for large numbers of visitors but are also liable to affect attendance numbers considerably where a regular event does not occur or where it is affected by inclement weather. This occurred in 2011 with the relocation of the Gladiator’s Bike and Hot Rod Show from the gaol to Maitland Showground. A commitment to ensuring the site is still available in some form to members of the public for the regular activities of tours etc. is critical to an increase in this type of activity. Over the last few years, a procedure for offering a different style of tour on days when the site is handed over to large scale events has been developed and this has assisted in being more receptive to these large scale activities. Over the last few years and again in 2010/2011 the site has been used by Battlezone Playlive to offer laser skirmish on the site. This is a commercial activity for which the Gaol charges a fee and which is held predominantly outside normal gaol operating hours. It has developed into a very good complementary activity for the site. A total of 5,213 persons undertook skirmish activities in 2010/2011 and this also had a positive impact on tours with several groups arranging concurrent

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MAITLAND GAOL - ANNUAL REPORT (Cont.) activities. A Skirmish/Pizza/Tour combined activity was offered as one of the public activities on the Gaol’s Christmas calendar. The success of the gaol as a regional event and function venue of choice is challenged by the need for further infrastructure upgrades to bring the facilities available to a standard expected by the market. Infrastructure such as a major toilet block, installation of air-conditioning and meeting technology into function spaces is necessary to meet market expectations and ensure the site is more competitive as a space when bidding for function and event business. The appeal of the uniqueness of the sites location and history does not replace the necessity for modern and up-to date facilities.

Visitation

The graph below shows a summary of visitation to Maitland Gaol since 2004/2005. Maitland Gaol Yearly Visitation

35000

30000

25000 20330 Persons - 18370 16935 20000

15000 21413 16665 18557 18408 10000 14145 11949 12001 5000 Yearly Visitation 5180 3962 3700 3337 0 2004/2005 2005/2006 2006/2007 2007/2008 2008/2009 2009/2010 2010/2011 Tour Visitation 16665 18557 18408 21413 20330 18370 16935 Other Visitation 5180 3962 3700 3337 14145 11949 12001 Year

Other Visitation Tour Visitation

Rentals/Tenants

An important area of income is the tenanting of areas of the Gaol which are not required for interpretation. This use was fairly stable over the past 12 months with the Barracks in Lindesay Street coming on-stream in January 2011 following extensive renovation throughout 2010 with the space being occupied by the Maitland and District Genealogical Society. Much of the surplus spaces available require extensive maintenance and improvement to make them commercially viable for rental purposes. The Barracks were renovated and improved with the assistance of a Jobs Fund Grant.

Merchandise This area of income is very dependent on tour visitation and is affected by its fluctuation. As such, the income generated in 2010/2011 was slightly down,

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MAITLAND GAOL - ANNUAL REPORT (Cont.) however the profit was improved by careful item choice and a stabilisation of inventory. Several new lines have been trialled which have proved successful and the availability of snacks and drinks as a saleable item has also proved successful during the warmer months. Another booklet is currently being developed in conjunction with the new Escapes tour, as this relatively cheap souvenir product has proved very popular. The gaol’s initial and highly successful self-publication of the 16 Executions at Maitland Gaol booklet in 2009, was originally published from the research undertaken for the initial exhibition in the then newly developed Auditorium and Museum. The Escapes booklet will be published from the research undertaken for the Escapes tour.

Marketing A dedicated long term marketing plan has not been prepared for the gaol as the funds available have been so limited that marketing has generally been restricted to on-line web presence and opportunistic advertising available as one-off offers, together with a membership of all Hunter Region tourism organisations and advertising within their local Visitor Guides. During the year, the development of a formal Marketing Plan was commenced and additional funds were allocated from the gaol budget to trial a targeted school holiday campaign during the Christmas and Easter periods. The impact on visitation following this program, which included television, radio, online and print media was immediate and sustained for a few months, in particular following the Christmas campaign. The capacity to sustain a campaign in market throughout the year is unachievable within the current financial circumstances, which is “holding” rather than growing the business.

Financial Statements The following financial statement presents the result of operations for the 2010/2011 financial year, showing a modest surplus of $4,020. Maitland Gaol Income Statement For Year Ended 30 June 2011

Actual 2010/11 Income $ Function Hire 23,647.18 Tour 227,537.07 Venue / Events 19,960.30 Collection and Exhibition Income 81.82 Merchandise 19,510.16 Rental 74,384.96 Miscellaneous 17.36 NSW Heritage Grants Program Income 49,217.00 Jobs Fund Grant Fund 19,000.00 Total Income 433,355.85

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MAITLAND GAOL - ANNUAL REPORT (Cont.)

Expenditure Salaries & Wages 223,754.04 Merchandising 6,299.36 Operation Consumables 2,421.91 Services 32,131.61 Audio Tour Operation Expenses 6,203.36 Café Packages - Gaol Function 20,315.31 Sleepovers 659.52 Function Expenses 14,222.29 Marketing 22,985.69 Collection and Exhibition Expenses 770.36 Administration 6,761.45 Maintenance 19,523.14 Rental Properties 10,262.07 Grant funded projects 2,778.61 Total Expenditure 369,088.72

Surplus per ledger 64,267.13

Less: Grant funded project carried over to 2011/12 60,247.00 Net surplus for year 4,020.13

It should be recognised that a variety of specific purpose grants have been the primary source of gaol maintenance and development funding. In most cases, equivalent and more funds from general operations of the gaol have needed to be allocated to support these successful applications and to satisfy the minimum dollar for dollar funding conditions to which many are subject. The gaol is currently commencing work on a new interpretation grant to update the existing Audio Tour and to develop a children’s version of that tour. Continued investigation and proactive pursuit of grants appropriate to the gaol’s operation, maintenance, development and marketing will occur into the future to ensure the work achieved over the last 10+ years is consolidated and built upon.

CONCLUSION The gaol performed financially well during 2010/2011 due to tight financial and operational management, even in a climate of uncertainty and softness in the tourism economy. Many positive results were achieved within the financial year and further development of the site occurred. Development of new tour product was commenced, further function and meeting infrastructure came on-line and further consolidation of the functions and events business was achieved. Challenges still exist and the success of the operation, now over 10 years in development, will be contingent on future investment in the facility to ensure infrastructure upgrades occur to meet current market demands and that the brand is developed and in market consistently to maintain and escalate visitation.

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MAITLAND GAOL - ANNUAL REPORT (Cont.) It is proposed to present a further report to Council in the near future detailing and expanding on the challenges and opportunities afforded by Maitland Gaol and possible developmental paths available and commitments which will be needed to achieve those goals.

FINANCIAL IMPLICATIONS Maitland Gaol returned a net surplus of $4,020 in the 2010/11 financial year.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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12.2 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY

File No: 35/1 & 35/7 Attachments: 1. Draft Policy Document Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Frank Shrimpton - Coordinator Professional Services Hollie Duncan - Administration Assistant Maitland 2021 Outcome 18: An efficient and effective Council Council Objective: 18.1.1 To ensure Council’s integrated planning and reporting meets expectations of the community, Council and the NSW State Government

EXECUTIVE SUMMARY

Council is required to adopt a Payment of Expenses and Provision of Facilities to Councillors Policy each year. A review has been undertaken of this Policy last adopted on 23 November 2010 and a number of minor changes have been made. It is proposed that the draft policy be placed on public exhibition for a period of 28 days to comply with the provisions of the Local Government Act.

OFFICER’S RECOMMENDATION

THAT: 1. Council adopt the draft wording of the “Payment of Expenses and Provision of Facilities to Councillors Policy” for the purpose of public exhibition. 2. Council provide public notice of its intention to adopt the Policy and place the draft “Payment of Expenses and Provision of Facilities to Councillors Policy” on public exhibition for a period of 28 days per this report. 3. A further report to be made to Council following the public exhibition period for adoption of the Policy to be considered.

REPORT

Section 252(1) of the Local Government Act 1993 requires that Council adopt in each financial year, a policy governing the payment of expenses and provision of facilities to Councillors in relation to the discharging their functions of civic office.

The Division of Local Government (DLG) has published guidelines for the development of a payment of expenses and provision of facilities policy. The Local Government and Shires Association were also consulted for their input into the development of the guidelines.

A review has been undertaken of the existing policy in accordance with the DLG Guidelines and some minor amendments to the policy have been made. These

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PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY (Cont.) amendments relate to allowances for Professional Development and Industry Participation, Equipment and Materials, and Other provisions. (In the attached draft policy, any alterations or additions have been marked using bold text).

The format of the Policy is also in accordance with the guidelines.

Section 253 (1) of the Local Government Act 1993 requires that Council must give public notice of its intention to adopt the Policy and must provide 28 clear days for the making of public submissions.

CONCLUSION

In accordance with the provisions of the Local Government Act 1993 and the guidelines issued by the DLG Council should adopt the wording of the draft Policy, provide public notice of its intention to adopt the Policy and allow 28 clear days to permit the making of any public submissions.

It is recommended that as well as providing the public notice through Council’s usual newspaper notices that the draft Policy be placed on public exhibition on Council’s web page, at the Administration Centre and at each Council library, so that members of the public can have access to the draft policy.

FINANCIAL IMPLICATIONS

The adjustments in the proposed Payment of Expenses and Provision of Facilities to Councillors Policy can be met within the current operational program.

POLICY IMPLICATIONS

The development and review of this Policy provides Council with guidelines for the reimbursement of expenses and the provision of facilities for Councillors.

STATUTORY IMPLICATIONS

The Payment of Expenses and Provision of Facilities to Councillors Policy is governed by Sections 252 and 253 of the Local Government Act 1993.

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PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY (Cont.)

Finance and Administration Reports

PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY

Draft Policy Document

Meeting Date: 11 October 2011

Attachment No: 1

Number of Pages: 11

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PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY (Cont.)

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PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY (Cont.)

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PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY (Cont.)

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PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY (Cont.)

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PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY (Cont.)

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PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY (Cont.)

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PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY (Cont.)

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PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY (Cont.)

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PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY (Cont.)

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PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY (Cont.)

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PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS POLICY (Cont.)

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12.3 OCCUPATION OF COMMERCIAL SIGN ON COUNCIL LAND AT EAST MAITLAND

File No: P28978 Attachments: 1. Location Plan 2. Sign Graphic Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Frank Shrimpton - Coordinator Professional Services Maitland 2021 Outcome 12: Our villages, suburbs, towns and City Council Objective: 12.1.1 To develop productive partnerships with local business and government departments to maximise economic growth in activity centres

EXECUTIVE SUMMARY

A commercial pylon directional sign is proposed to be erected on Council land adjoining the New England Highway at East Maitland. The sign is to be approved under the Development Consent for the redevelopment of the Stockland Green Hills Shopping Centre (DA08-918) and this report is subject to such approval having been given by Council.

OFFICER’S RECOMMENDATION

THAT

1. Council approve the Licence Agreement for the occupancy of a commercial directional sign on Council land Lot 22 DP591803 on New England Highway East Maitland as detailed in this report. 2. Council confirm that the resolution in 1 above is to remain effective should the land on which the sign is erected be dedicated as road reserve. 3. The Common Seal of Council be affixed to the Deed of Licence as required.

REPORT Subject to approval under DA 08-918 Stockland Development Ltd (on behalf of The Trust Company Limited) propose a pylon directional sign on Council land (Lot 22 DP591803) adjoining the New England Highway East Maitland.

In order to formalise the use of Council land a Deed of Licence is proposed between Council (Licensor) and The Trust Company Limited (Licensee).

A draft Deed of Licence has been prepared by the Licensee and confirms that the sign will be erected in accordance with the provisions of the Development Consent and that all responsibility for the sign, its ownership and ongoing maintenance will

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OCCUPATION OF COMMERCIAL SIGN ON COUNCIL LAND AT EAST MAITLAND (Cont.) remain with the Licensee. The land on which the sign is to be erected may (subject to final survey) become road reserve when construction of the new access road from the Highway to Molly Morgan Drive is completed.

The Deed allows for authority under the Roads Act 1993, if applicable, for undertaking works and provides for public liability and contractor liability insurances to the satisfaction of Council.

No rent is considered under the Deed and the development considerations are that the directional sign would support the traffic management considerations for the area once the new development generates higher traffic flows.

The directional sign is similar to one approved by Council for the Rutherford Shopping Centre off Arthur Street Rutherford and the Deed of Licence proposed in this matter is in keeping with the Deed approved for the Rutherford sign.

Consent from the RTA is not required for the sign as it will be located on land under Council’s control which is clear of the New England Highway road reserve.

CONCLUSION Approval for the Deed of Licence is therefore the recommendation of this report.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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OCCUPATION OF COMMERCIAL SIGN ON COUNCIL LAND AT EAST MAITLAND (Cont.)

Finance and Administration Reports

OCCUPATION OF COMMERCIAL SIGN ON COUNCIL LAND AT EAST MAITLAND

Location Plan

Meeting Date: 11 October 2011

Attachment No: 1

Number of Pages: 1

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OCCUPATION OF COMMERCIAL SIGN ON COUNCIL LAND AT EAST MAITLAND (Cont.)

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OCCUPATION OF COMMERCIAL SIGN ON COUNCIL LAND AT EAST MAITLAND (Cont.)

Finance and Administration Reports

OCCUPATION OF COMMERCIAL SIGN ON COUNCIL LAND AT EAST MAITLAND

Sign Graphic

Meeting Date: 11 October 2011

Attachment No: 2

Number of Pages: 1

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OCCUPATION OF COMMERCIAL SIGN ON COUNCIL LAND AT EAST MAITLAND (Cont.)

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12.4 FIXING A DATE FOR THE PRESENTATION OF COUNCILS AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2011

File No: 2/8/17 Attachments: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Phil Freeman - Manager Accounting Services Maitland 2021 Outcome 19: A Council for now and future generations Council Objective: 19.1.1 To ensure the principles of sustainability underpin Council’s financial, economic, social and environmental decision-making

EXECUTIVE SUMMARY

The audit of Councils financial reports for the year ended 30 June 2011 has been completed. Section 418 of the Local Government Act,1993 requires Council to fix a date for a meeting to present its audited financial reports, together with the auditor’s reports, to the public.

OFFICER’S RECOMMENDATION

THAT

1. Council consider formal presentation of the 2010/11 financial reports at the Council meeting to be held on Tuesday 8 November 2011. 2. Council place an advertisement in a local newspaper in accordance with Section 418(3) of the Local Government Act, 1993 notifying the public of the proposal to present the 2010/11 audited financial reports on 8 November 2011.

REPORT The date for the meeting to present the audited financial reports will be held on 8 November 2011. Copies of Council’s audited financial reports, together with the auditor’s reports, will be available for inspection at Council’s office from 17 October 2011 to 9 November 2011. Written public submissions on the financial reports and / or audit reports can be made to Council until 15 November 2011.

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS Council’s financial reports have been prepared and audited in accordance with Section 416 of the Local Government Act, 1993. The presentation of the financial reports and the auditor’s reports are required under Section 419 of the Local Government Act, 1993.

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12.5 CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012

File No: 47/22 Attachments: 1. Amendments to the Local Government Act 1993 2. LGSA Representation to the Permier 3. NSW Electoral Commission Letter 4. Guidelines for Council Administered Elections 2012 5. Hunter Council Joint Tender Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Graeme Tolhurst - Group Manager Finance and Administration Maitland 2021 Outcome 18: An efficient and effective Council Council Objective: 18.2.1 To maintain effective and appropriate systems to ensure decision-making is transparent, accessible and accountable

EXECUTIVE SUMMARY

The Local Government Elections will be held in September 2012. The NSW parliament has amended the Local Government Election Act concerning the conduct of the election. The major change to the legislation requires Council to make a decision to run the elections themselves or contract the NSW Electoral Commission to run the September 2012 elections on Council’s behalf. This decision must be made by Council prior to the 30 November, 2011. This report is to make Council aware of the options and a possible way forward for Council.

OFFICER’S RECOMMENDATION

THAT Council participate in the Joint Regional Tender for the provision of Local Government Election Services.

REPORT Background

The NSW Parliament has passed the Local Government (Amendment) Elections Act 2011. This amendment resulted in changes to the Act concerning the conduct of Council elections. Section 296 of the Act now provides that Council elections are to be administered by the General Manager of the Council.

Attachment 1 of this report is the circular from the Division of Local Government regarding the amendment and the conduct of elections by Councils. The major change to the legislation requires Council to make a decision to run the elections themselves or contract the NSW Electoral Commission to run the September 2012 elections on Council’s behalf. This decision must be made by Council prior to 30 November, 2011. The Local Government and Shires Association are currently

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CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012 (Cont.) making representations to the Premier to extend the deadline for this decision as per attachment 2.

Prior to the 2008 Local Government Elections, Councils’ were responsible for running elections with the assistance of the NSW Electoral Commission. Under this arrangement Councils were able to minimise costs, while still providing accountable and transparent elections. The 1999 elections were conducted at a cost of $108,695 (ex GST) and the 2004 elections at a cost of $130,849 (ex GST).

In 2008 the NSW Electoral Commission informed all Councils that they would be running all Council elections on their behalf on a full cost recovery basis. This resulted in the 2008 elections costing Council $295,137 (ex GST), an increase of 125%. This significant rise in costs was considered to be unacceptable by many Councils and the Local Government and Shires Association, who made representations to the State Government at that time.

Council has received a visit from the NSW Electoral Commission, to provide an estimate of the cost of the election for next year. In addition the letter in attachment 3 has been received, which sets out that wage costs have increased by 17%, other costs by 12.8%. There is also some ‘economy of scale’ loss due to a reduced number of Councils using the NSW Electoral Commission. The Electoral Commission have suggested that if Cessnock and Maitland Councils do use the Electoral Commission for the election, using one returning officer together with office accommodation to reduce the cost. The Electoral Commission were unable to say as to where the joint office would be located. The NSW Electoral Commission will not be able to give an accurate cost for the election until they know of the number of Councils that they will be conducting elections for in September 2012.

Additional issues to be considered

Local Government Department Guidelines

The Division of Local Government has recently published a document “Guidelines for Council Administered Elections 2012” as per attachment 4. This document is available on the Division’s website and provides a detailed review of the actions to be followed by Councils conducting their own elections. The guidelines cover the following services which were provided by the NSW Electoral Commission in 2008 and 2004 and by Councils in all Local Government elections prior to 2004:

- Appointing Returning Officers;

- Employing and training staff;

- Use of electronic counting equipment; and

- Reporting requirements etc.

Delay in declaring the polls

Following the elections in 2004 and 2008, many Councils were dissatisfied with the length of time between the ‘close of poll’ and the “Declaration of the Poll” by the Returning Officer. This situation arose because the Electoral Commission required

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CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012 (Cont.) all the distribution counts for both the 2004 and 2008 elections to be carried out centrally by the Electoral Commission staff.

Alternative options for running an election

With the changes to the Act has come the option for Councils to engage a private company to run the election on Council’s behalf under the supervision of the General Manager. This could occur by tendering out the complete process or by engaging a company to assist in those areas where they can provide assistance and resources which would be more costly for Council to develop or purchase elsewhere.

Councils in NSW have been approached by a Queensland based company, with extensive experience in conducting Local Government and other organisations elections. This company have provided an indicative price to run the election on Council’s behalf and also indicated that they would be prepared to work with Council on a collaborative approach. If Council decided to have a private company run the elections totally on their behalf, then Council would go through the proper tender selection process as the amount would exceed $150,000.

Another option still to be explored is through resource sharing with other Councils who have elected to conduct their own elections. Council has received correspondence from Hunter Councils that they propose to tender for the provision of Local Government Election Services. This process will enable Council to challenge the budget estimates provided for the other two organisations and enable Council to obtain the most cost effective and efficient tender for the service. The Hunter Council tender will offer three (3) options:

1. A company or organisation to provide a fully outsourced service for the Local Government election.

2. A company or organisation to provide a partially supported election expertise service with the Council providing the staff and resources to undertake the election.

3. A company or organisation to provide the legal and election material and Council to undertake the election.

These options will enable Council to evaluate the best option and a further report will be presented to Council.

Council through Hunter Councils, could work collaboratively to arrange tender for training, equipment, vote counting software and legal advice.

Options

1. Appoint NSW Electoral Commission at an approximate cost of over $350,000.

Advantage – Electoral Commission undertake the whole election process

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CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012 (Cont.) Disadvantage - Cost

2. Conduct the elections by tendering out to a provide company at an approximate cost of $300,000.

Advantage – Private company understands the whole election process at a lower cost than the NSW Electoral Commission

Disadvantage – The cost of the private company is dearer than Council undertaking the elections

3. Conduct the election in house and work collaboratively with a private company.

Advantage – This is an option if the Regional Tender does not prove a cost effective option to Council.

Disadvantage – Council would be running the total process and subject to any legal claims on Council.

4. Council to be part of the Hunter Council Regional Procurement tender for elections.

Advantage – Council would be able to determine the most cost effective method in undertaking the election.

Disadvantage – The timeframe to take up the offer from the NSW Electoral Commission would have expired.

FINANCIAL IMPLICATIONS Council will need to provide funding in the 2012/13 Operational Plan for conducting the election.

POLICY IMPLICATIONS This matter has no specific policy implications for Council. STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

Page (267) ORDINARY MEETING AGENDA 11 OCTOBER 2011

CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012 (Cont.)

Finance and Administration Reports

CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012

Amendments to the Local Government Act 1993

Meeting Date: 11 October 2011

Attachment No: 1

Number of Pages: 3

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CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012 (Cont.)

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CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012 (Cont.)

Finance and Administration Reports

CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012

LGSA Representation to the Permier

Meeting Date: 11 October 2011

Attachment No: 2

Number of Pages: 2

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CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012 (Cont.)

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CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012 (Cont.)

Finance and Administration Reports

CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012

NSW Electoral Commission Letter

Meeting Date: 11 October 2011

Attachment No: 3

Number of Pages: 2

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CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012 (Cont.)

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CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012 (Cont.)

Finance and Administration Reports

CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012

Guidelines for Council Administered Elections 2012

Meeting Date: 11 October 2011

Attachment No: 4

Number of Pages: 22

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CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012 (Cont.)

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CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012 (Cont.)

Finance and Administration Reports

CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012

Hunter Council Joint Tender

Meeting Date: 11 October 2011

Attachment No: 5

Number of Pages: 1

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CONDUCT OF LOCAL GOVERNMENT ELECTIONS SEPTEMBER 2012 (Cont.)

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12.6 CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT

File No: 32/8 Attachments: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Graeme Tolhurst - Group Manager Finance and Administration Maitland 2021 Outcome 19: A Council for now and future generations Council Objective: 19.1.1 To ensure the principles of sustainability underpin Council’s financial, economic, social and environmental decision-making

EXECUTIVE SUMMARY

An independent Expert Panel has been established to consult with stakeholder groups and the community in relation to Constitutional Recognition of Local Government. This Expert Panel has released a Discussion Paper and are calling for written submissions to be lodged by 4 November 2011.

This report is to advise of the release of the Discussion Paper and approve lodgement of a written submission by 4 November 2011.

OFFICER’S RECOMMENDATION

THAT

1. The Public Discussion Paper on Constitutional Recognition of Local Government released by the Expert Panel be reviewed; and 2. A written submission be lodged by 4 November 2011.

REPORT On 21 June 2011, the Australian Government announced the establishment of an independent Expert Panel on Constitutional Recognition of Local Government. This followed the Government’s earlier commitment to hold a referendum on constitutional recognition of local government during the current Parliament or at the next election.

The Expert Panel are consulting with stakeholder groups and the community to gauge the level of support for constitutional recognition of local government and to identify possible forms that recognition could take.

The Expert Panel have released a Discussion Paper which can be viewed at www.localgovrecognition.gov.au, and are calling for written submissions by Monday 4 November 2011.

Page (303) ORDINARY MEETING AGENDA 11 OCTOBER 2011

CONSTITUTIONAL RECOGNITION OF LOCAL GOVERNMENT (Cont.)

FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

Page (304) ORDINARY MEETING AGENDA 11 OCTOBER 2011

12.7 LOCAL GOVERNMENT REMUNERATION TRIBUNAL - COUNCILLOR FEES

File No: 35/42 Attachments: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Jon Dundas - Manager Administration and IT Maitland 2021 Outcome 16: Identified and connected leaders Council Objective: 16.2.1 To consolidate Council’s position as a strong leader and champion for the Maitland community

EXECUTIVE SUMMARY

The Local Government Remuneration Tribunal has determined the new fees for Councillors. The new fees became effective from 1 July 2011. Maitland City Council has been placed within the category – Regional Rural based on the criteria contained in section240 of the Local Government Act 1993.

OFFICER’S RECOMMENDATION

THAT

1. Council adopt the maximum fees as listed in the Regional Rural category effective from 1 July 2011.

REPORT The Local Government Remuneration Tribunal (the Tribunal) has performed a review of fees to be paid to mayors and councillors. The review identifies the level of fee based on the roles and responsibilities of mayors and councillors and the category to which the Council belongs.

The Tribunal received a number of submissions from councils which addressed such issues as:

• Workload

• Complexity of issues

• Training and development

• Expenses

• Categorisation

Page (305) ORDINARY MEETING AGENDA 11 OCTOBER 2011

LOCAL GOVERNMENT REMUNERATION TRIBUNAL - COUNCILLOR FEES (Cont.) The Tribunals view is, and remains, that “workload does not in itself reflect a change in roles and responsibilities of councillors, which is the test for considering whether any increase in remuneration is warranted.”

The categories in which councils are placed are based on the criteria as set out in section 240 of the Local Government Act 1993, as amended and are as follows:

• The size of areas.

• The physical terrain of areas.

• The population of areas and the distribution of the population.

• The nature and volume of business dealt with by each Council.

• The nature and extent of the development of areas.

• The diversity of communities served.

• The regional, national and international significance of the Council.

• Such matters as the Remuneration Tribunal considers relevant to the provision of efficient and effective local government.

The categories determined by the Tribunal are as follows:

• Category – Principal City (1)

• Category – Major City (3)

• Category – Metropolitan Major (2)

• Category – Metropolitan Centre (16

• Category – Metropolitan (21)

• Category – Regional Rural (32)

• Category – Rural (77)

Maitland City Council has been placed in a Regional Rural category along with other regional centres as Albury, Bathurst, Dubbo, Tamworth and Wagga Wagga to name a few. It should be noted that remuneration for councils in the Regional Rural category are the same as those in the Metropolitan category.

Page (306) ORDINARY MEETING AGENDA 11 OCTOBER 2011

LOCAL GOVERNMENT REMUNERATION TRIBUNAL - COUNCILLOR FEES (Cont.) Current fees payable to the Mayor and Councillors is as follows:

Councillor Annual Fee Mayor Annual Fee

$15,964 $35,000

The fees determined by the Tribunal and associated with the Regional Rural category are as follows:

Councillor/Member Mayor/Chairperson Annual Fee Annual Fee*

Minimum Maximum Minimum Maximum

Regional Rural 7,550 16,640 16,080 36,320

*This fee must be paid in addition to the fee paid to the Mayor as a Councillor (s.249(2)).

The Tribunal has provided a range of fee within the Regional Rural category to cater for the different sizes of Council within the category. The recommendation of the report is the maximum fee payable due to Maitland City Council being the largest non-metropolitan Council in New South Wales.

CONCLUSION The report recommends revised fees payable to councillors and the mayor based on a review by the Local Government Remuneration Tribunal. The new fees are payable from 1 July 2011.

FINANCIAL IMPLICATIONS An adjustment to the budget will need to be made in the quarterly review to offset the increase in new fees.

POLICY IMPLICATIONS This matter has no specific policy implications for Council.

STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

Page (307) ORDINARY MEETING AGENDA 11 OCTOBER 2011

13 CITY WORKS AND SERVICES REPORTS

Nil

Page (308) ORDINARY MEETING AGENDA 11 OCTOBER 2011

14 ITEMS FOR INFORMATION

14.1 LOCAL TRAFFIC COMMITTEE MEETING SEPTEMBER 2011 MINUTES

File No: 140/5 Attachments: 1. Local Traffic Committee Meeting September 2011 Minutes Responsible Officer: Chris James - Group Manager Assets and Infrastructure Planning Stephen Hawes - Manager Infrastructure Planning and Administration Scott Henderson - Infrastructure Planning Engineer Author: Kenneth Splatt - Traffic Officer Maitland 2021 Outcome 5: Moving around our City Council Objective: 5.1.3 To provide safe and effective transport infrastructure

EXECUTIVE SUMMARY

Minutes of Maitland City Council’s Local Traffic Committee Meeting held Thursday, 1 September 2011, are attached for Council’s information. These minutes were presented for adoption at the Local Traffic Committee Meeting held Thursday, 6 October 2011.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

REPORT

The minutes of Maitland City Council’s Local Traffic Committee Meeting held Thursday, 1 September 2011, are attached for Council’s information. These minutes were presented for adoption at the Local Traffic Committee Meeting held Thursday, 6 October 2011.

Under Council’s Instrument of Delegation, dated 25 August 2009, the General Manager is authorised to approve any regulatory item contained within these minutes.

Page (309) ORDINARY MEETING AGENDA 11 OCTOBER 2011

LOCAL TRAFFIC COMMITTEE MEETING SEPTEMBER 2011 MINUTES (Cont.)

Items for Information

LOCAL TRAFFIC COMMITTEE MEETING SEPTEMBER 2011 MINUTES

Local Traffic Committee Meeting September 2011 Minutes

Meeting Date: 11 October 2011

Attachment No: 1

Number of Pages: 6

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LOCAL TRAFFIC COMMITTEE MEETING SEPTEMBER 2011 MINUTES (Cont.)

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LOCAL TRAFFIC COMMITTEE MEETING SEPTEMBER 2011 MINUTES (Cont.)

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LOCAL TRAFFIC COMMITTEE MEETING SEPTEMBER 2011 MINUTES (Cont.)

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LOCAL TRAFFIC COMMITTEE MEETING SEPTEMBER 2011 MINUTES (Cont.)

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LOCAL TRAFFIC COMMITTEE MEETING SEPTEMBER 2011 MINUTES (Cont.)

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LOCAL TRAFFIC COMMITTEE MEETING SEPTEMBER 2011 MINUTES (Cont.)

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14.2 COUNCILLOR MOTIONS

File No: 35/61 Attachments: Nil Responsible Officer: Graeme Tolhurst - Group Manager Finance and Administration Author: Amanda Hillman - Team Leader Information Services Maitland 2021 Outcome 18: An efficient and effective Council Council Objective: 18.2.1 To maintain effective and appropriate systems to ensure decision-making is transparent, accessible and accountable

EXECUTIVE SUMMARY

The following report details the current status of Councillor motions which are currently being actioned by Council Officers.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

REPORT

See attached report.

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COUNCILLOR MOTIONS (Cont.) CURRENT STATUSCURRENT Council isCouncil discussing still the for options available RTA. signage the with meeting was the held of A 2/8/11. Group Reference Council first to Report meeting in November. Group Reference Next meeting 18/10/2011. Council to Briefing 18/10/2011. Item1& 2 Completed. 2 Completed. Item1& City of 3 Review Item Youth / Skate Wide Spaces underway. COUNCIL RESOLUTION THAT Council investigates the possible the of installation investigates Council THAT on in what's and promote signage indicate to highway Maitland THAT the of role future its decision on the expedite Council 1. mall the to opening of and the Mall Heritage Maitland traffic; vehicular and consider investigate this process, Council of a part As 2. issues the the opening of and costs the associated with basis; on an interim traffic mall vehicular to a present priority, of as a matter Manager, General The 3. Reference Centre a City of formation on the Council to report all stakeholder from comprisingPanel representation Centre; City the groups within Reference Centre proposed City the engage with Council 4. mall, the of future the process determining in the of Panel on an interim mall traffic the to opening of the including basis; on progress regular informed with be kept Council 5. briefings; a present staff and appropriate Manager General The 6. on all issues, and recommendations Council to report estimates cost timeframes, and possible sources funding in 2011. 31 October, by this matter to relation THAT: Woodberry at assess Council facilities skate 1. existing the facility. the improving options for and investigate meeting in first the by Council to back be brought report A 2. the of progress outcome the / of 2010 advising March estimates, cost works, potential including investigation options. and partnership funding 2010 detailing late by Council to back be brought report A 3. report The LGA. Maitland parks in the all skate status fo the any) recommended locations (if future potential is include to (if existing at provided seating and garbage's and number of any). 139/30 FILE NO. FILE 101/16/3 COUNCILLOR MOTIONS REPORT MOTIONS COUNCILLOR SUBJECT NOTICE OF MOTION - REQUEST FOR HIGHWAY SIGNAGE - WHAT'S ON IN MAITLAND NOTICE OF MOTION - WOODBERRY PARK SKATE Opening of Maitland Mall to traffic. to Mall Maitland of Opening 15.1 15.2 15.2 ITEM NO. ITEM DATE OF OF DATE MEETING 9/11/2010 12/04/2011 19/01/2010

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COUNCILLOR MOTIONS (Cont.)

CURRENT STATUSCURRENT Programmed in Delivery Programmed in Delivery and Operational Program 2011/12. Plan and identified Sites be implementation to December by completed are identified Sites 2011. Works, Water Walka Morpeth Park, Maitland Common and Maitland Pool. Maitland and East COUNCIL RESOLUTION THAT THAT possibilities the establishing of a investigates Council 1. higher of and assisting construction for the providing policy housing cost lower density incentive develop to council for opportunities Identify 2. section or fees and / schemes possible of the with reduction 94 contributions identify to industry development the with Engage 3. the commercial solutions will facilitate which policy the implementation of policies / government and state local both Review 4. needing amendment to planning if make representations fruition. to policy the bring THAT used public bins in heavily recycling providing trial Council places some including pools. parks and both 103/4 61/26 FILE NO. FILE COUNCILLOR MOTIONS REPORT MOTIONS COUNCILLOR SUBJECT High Density Low Cost Housing High Density Recycling Place Public 15.1 15.1 ITEM NO. ITEM DATE OF OF DATE MEETING 10/05/2011 28/06/2011

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14.3 RECOGNITION OF LOCAL GOVERNMENT IN THE AUSTRALIAN CONSTITUTION

File No: 32/8 Attachments: 1. Letter Responsible Officer: David Evans - General Manager Author: David Evans - General Manager Maitland 2021 Outcome 19: A Council for now and future generations Council Objective: 19.1.1 To ensure the principles of sustainability underpin Council’s financial, economic, social and environmental decision-making

EXECUTIVE SUMMARY

An acknowledgement letter has been received from the Office of the Hon Tony Abbott MHR, Leader of the Opposition, in response to our letter regarding the recognition of local government in the Australian Constitution.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

REPORT

The attached letter has been received from the Office of the Hon Tony Abbott MHR, Leader of the Opposition, in response to our letter regarding the recognition of local government in the Australian Constitution.

The letter in brief confirms the Coalition’s support for appropriate constitutional recognition of local government in the Australian Constitution, as announced by the then Leader of the Opposition, the Hon Malcolm Turnbull MP. Their support is for a referendum that is limited to facilitating direct Commonwealth funding of local government. The Coalition will examine the formulation of any proposal and have nominated Mrs Jane Prentice MP and Mr Paul Bell AM as representatives to serve on the Government’s Expert Panel.

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RECOGNITION OF LOCAL GOVERNMENT IN THE AUSTRALIAN CONSTITUTION (Cont.)

Items for Information

RECOGNITION OF LOCAL GOVERNMENT IN THE AUSTRALIAN CONSTITUTION

Letter

Meeting Date: 11 October 2011

Attachment No: 1

Number of Pages: 2

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RECOGNITION OF LOCAL GOVERNMENT IN THE AUSTRALIAN CONSTITUTION (Cont.)

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RECOGNITION OF LOCAL GOVERNMENT IN THE AUSTRALIAN CONSTITUTION (Cont.)

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14.4 NSW GRANDPARENT DAY

File No: 139/50 Attachments: Nil Responsible Officer: Bernie Mortomore - Group Manager Service Planning & Regulation Author: Lynn Morton - Manager Community and Recreation Services Citrix 1 - Group Manager Works and Services Maitland 2021 Outcome 2: Community and recreation services and facilities Council Objective: 2.1.2 To promote increased participation in social, sporting and recreational activities

EXECUTIVE SUMMARY

The inaugural NSW Grandparent Day is to be held on Sunday, 30 October 2011. The purpose of the report is outline activities and events that will be organised in Maitland to recognise the valuable role that Grandparents play.

OFFICER’S RECOMMENDATION

THAT the information contained in this Report be noted.

REPORT

The Premier, the Hon. Barry O’Farrell MP, recently announced the creation of a NSW Grandparents Day to be held annually on the last Sunday of October. The inaugural day will be held this year, on Sunday, 30 October 2011.

Councils have been encouraged to join with the NSW government in recognising the valuable role that Grandparents play in our society and celebrate this significant day through the provision of local activities and events.

To celebrate Grandparents Day in Maitland it is proposed that:

. the Library will host Sharing Stories in all library branches Monday, 31 October 2011– Friday, 4 November 2011 - Grandparents will be invited to share the magic of storytelling with their grandchildren in a series of special events at Maitland City Library branches

. free entry be available to Grandparents at both the East Maitland and Maitland Aquatic Centres on Sunday, 30 October 2011

. Grandparents attending the Maitland Regional Art Gallery on Sunday, 30 October 2011, will be invited to enjoy a free cup of coffee/ tea or juice and a piece of cake between the hours of 2.00pm and 4.00pm.

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15 NOTICES OF MOTION/RESCISSION

15.1 CALL FOR HUNTER COUNCIL CAMPAIGN ON RECOGNITION OF LOCAL GOVERNMENT

NOTICE OF MOTION SUBMITTED BY CLR RAY FAIRWEATHER

File No: 77/1 Attachments: Nil Responsible Officer: David Evans - General Manager

Clr Ray Fairweather has indicated his intention to move the following Notice of Motion at the next meeting being held on 11 October 2011:

THAT

1. That Maitland City Council raise with Hunter Councils Inc. the possibility of all member councils jointly funding a campaign in favour of a ‘Yes’ vote in the proposed referendum on Federal Government Recognition of Local Government in the Australian Constitution. 2. Member Councils of Hunter Councils Inc. budget for an agreed campaign fund of say, $500,000 in total (as an example) to support a media campaign for a ‘Yes’ vote. Any contribution to be on a proportional basis.

COMMENTS BY CLR RAY FAIRWEATHER

a). One organisation representing councils in the Hunter Valley will result in a much better coordinated campaign without duplication. b). Will provide economies of scale through bulk advertising. c). Control over preparation and content of campaign. d). An early decision by Hunter Councils Inc. on this motion will allow more time for member councils to include an allocation of funds in their preparation of 2012/2013 budgets.

There is a need to keep member councils informed of progress and the final format before launch of campaign.

Local Government is no longer sustainable; it is only a matter of time before councils will be forced to cut services in order to remain viable. That is why we have to make every effort to win a ‘Yes’ vote when the referendum is held. Then it is all about receiving federal funding for local government.

RESPONSE BY GENERAL MANAGER

The matter, if resolved by Council, will be submitted to Hunter Councils.

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15.2 SECTION 94 ROAD WORKS

NOTICE OF MOTION SUBMITTED BY CLR RAY FAIRWEATHER

File No: 103/41 Attachments: 1. Extract from Agenda 30 August 2011 p377 2. Extract from Agenda 30 August 2011 p382 3. Extract from Agenda 30 August 2011 p381 Responsible Officer: David Evans - General Manager

Clr Ray Fairweather has indicated his/her intention to move the following Notice of Motion at the next meeting being 27 September 2011, as follows:

1) That Council amend the 2011/2012 Management Plan to allow for an increase in expenditure on council’s trunk road net work 2) That council allocate an additional $2 million dollars from the 2006 section 94 developer contribution for city wide trunk roads. 3) That council make the necessary adjustments at the next review of the 2011/2012 Management Plan.

Clr Fairweather did not attend the meeting of 27 September 2011. At that meeting, the matter was deferred, and is now held-over to the meeting of 11 October 2011.

Notes: a) Developer contributions to the 2006 section 94 plan have a balance of uncommitted funds of $3,388,152.00 as at 30th. June 2011. after allocating only $120,000 for Morpeth Road in this year’s budget.

b) Developer contributions to section 94 funds for city wide trunk roads is for investment in those roads to offset increased traffic on connecting roads to their developments city wide…. not for investment with a view to gain interest on investments.

c) _It has no impact on council’s general revenue as all interest earned on section 94 funds invested are credited to section 94 restricted reserves.

d) The paltry amount of $120,000 allocated to trunk roads out of $3.5 million dollars contradicts council’s case to IPART and ratepayers for increasing rates by over 20% in two years to pay for council’s infrastructure.

e) If council’s engineering design and construction departments do not have the capacity to prepare and construct any additional work, that council call tenders/quotations to have this work done expeditiously.

f) Council staff assesses road condition for necessary works to bring a road up to a certain standard as part of a three year road works rolling program. This process has been accepted by the elected council.

g) Perhaps it may be time for council to consider having some input from the elected councillors who have to answer to the ratepayers come election time

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SECTION 94 ROAD WORKS (Cont.) for the condition of our infrastructure such as roads.

h) When roads such as McKimms Road from Flat Road to Largs Hotel has increased traffic due to the third river crossing, I do not believe we can not wait until 2014/2015 for improvements to make this road safe for motorists and cyclists.

i) Two other projects that need to be brought forward for reconstruction are High Street East Maitland from Lindsay Street Roundabout to Lawes Street and the Roundabout at Sommerset Park/Government Road Thornton, of course these are projects that councillors need to consider.

j) If this motion is carried by councillors, it will surely indicate to our ratepayers that we are serious about improving our infrastructure, in particular roads.

k) If this motion is carried by councillors, it will not have any impact on council’s financial bottom line, but in fact, it will increase the value of council’s infrastructure assets, thus being a positive outcome for council.

l) I have included as an attachment No 1 – page 377 from council’s agenda (30th August 2011) indicating the paltry amount of $120,000 from section 94 contributions for Morpeth Road Upgrade for works 2011/2012 (Bottom of page)

m) A second attachment No2-page 382 from council’s agenda (30th. Aug. 2011) indicating the Uncommitted Section 94 – 2006 City Wide Funds for Roads and Traffic Facilities an amount of $3,388,152.00 for trunk roads.

n) Attachment No 3 – It should also be noted that the now defunct 1995 section 94 plan unallocated funds has a further $77,166.48 for City Wide Trunk Roads see attached page 381 from councils 30th Aug. Agenda.

RESPONSE BY GROUP MANAGER

Comment on Items1 to 3 and Notes a) to n) in the above Notice of Motion is provided as follows:

Items 1 to 3

1. The appropriate reference is the adopted 2011-2015 Delivery Program

2. It should be noted that the thresholds and timing for expenditure form part of the detailed works schedules adopted as part of the s94 Plan and in adopting these Council has accepted the principles for expenditure as outlined in the Plan. There are limited opportunities for Council to significantly change these work programs to include additional s94 works.

3. Refer to 1) above.

Notes a) to n)

Page (327) ORDINARY MEETING AGENDA 11 OCTOBER 2011

SECTION 94 ROAD WORKS (Cont.) a. The balance of $3,388,152 is allocated to the projects listed in the 2006 Citywide s94 Plan on pages 62 to 66. The timing of the expenditure of these funds is dependent upon the allocation of Councils contribution to the works in Councils Capital Works Programme.

The 2011/12 Operational Plan has allocated the following s94 funds to road projects (reported to Council 28 June 2011):

• $650,000 Urban Local Roads • $30,900 for extractive industries road repairs • $35,000 for cycleways • $120,000 for the upgrade of Morpeth Road b. No comment. c. No comment d. See (a). A specific works program of road and traffic facilities is listed in the 2006 City Wide s94 Plan.

The SRV revenue is an additional income stream and is used in part to supplement s94 expenditure.

Due to the differing apportionments which apply for the provision of traffic management facilities, the timing and provision of these facilities is dependent upon funds, other than s94, being available to meet the apportionment costs as outlined in the work schedules attached to the s94 Plan. e. Where it is considered appropriate, Council’s Assets and Infrastructure Department calls tenders to carry out survey and design works which it does not have the capacity to undertake. f. No comment. g. Councillors have the opportunity to provide input into expenditure of s94 funds through regular briefings and reports to Council recommending priorities for expenditure. The thresholds and timing for expenditure form part of the detailed works schedules adopted as part of the s94 Plan and in adopting these, Council has accepted the principles for expenditure as outlined in the Plan. There are limited opportunities for Council to significantly change these work programs. h. It should be noted that these works are not included in the adopted s94 Plan, therefore s94 funds cannot be used for improvements to this road. i. The reconstruction of High Street East Maitland will be undertaken in the 2012- 13 financial year. The timing of this project has to be looked at in the context of other projects being undertaken in the immediate vicinity, namely Lawes St footpath and Lawes St road reconstruction. The planned sequence of works is

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SECTION 94 ROAD WORKS (Cont.) • 2011/12 Lawes St East Maitland Shopping Centre reconstruct footpath - $500,000 (SRV) • 2012/13 Lawes St East Maitland Shopping Centre reconstruct road - $250,000 (SRV) • 2012/13 High St Lawes to Lindsay reconstruct road - $568,622 (Roads to Recovery - R2R) includes s94 component of $79,730.

It should be noted that Councils 2011/12 R2R project is Swan St Morpeth.

Somerset Drive/Government Road roundabout will be considered as an additional works in 2011/2012 Operational Plan, and will be the subject of a report to Council. j. No comment k. This statement does not take into account apportionment issues of s94 expenditure i.e. the revenue Council must put with s94 funds to do the work. l. No comment m. No comment. n. No comment.

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SECTION 94 ROAD WORKS (Cont.)

Notices of Motion/Rescission

SECTION 94 ROAD WORKS

Extract from Agenda 30 August 2011 p377

Meeting Date: 11 October 2011

Attachment No: 1

Number of Pages: 1

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SECTION 94 ROAD WORKS (Cont.)

Page (331) ORDINARY MEETING AGENDA 11 OCTOBER 2011

SECTION 94 ROAD WORKS (Cont.)

Notices of Motion/Rescission

SECTION 94 ROAD WORKS

Extract from Agenda 30 August 2011 p382

Meeting Date: 11 October 2011

Attachment No: 2

Number of Pages: 1

Page (332) ORDINARY MEETING AGENDA 11 OCTOBER 2011

SECTION 94 ROAD WORKS (Cont.)

Page (333) ORDINARY MEETING AGENDA 11 OCTOBER 2011

SECTION 94 ROAD WORKS (Cont.)

Notices of Motion/Rescission

SECTION 94 ROAD WORKS

Extract from Agenda 30 August 2011 p381

Meeting Date: 11 October 2011

Attachment No: 3

Number of Pages: 1

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SECTION 94 ROAD WORKS (Cont.)

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16 QUESTIONS WITH NOTICE

16.1 CITY APPEARANCE

SUBMITTED BY CLR PHILIP PENFOLD

File No: 117/41/3 Attachments: Nil Responsible Officer: David Evans - General Manager Wayne Cone - Group Manager City Works and Services

Clr Philip Penfold has asked the following Question With Notice for the Council Meeting being held on 11 October 2011:

In broad terms, in what way and to what value is the additional $500,000 from the special rate variation earmarked for presentation of the city, being spent in 2011/12.

RESPONSE BY GROUP MANAGER CITY WORKS AND SERVICES

A report, providing Councillors with information on the progress and current expenditure of the additional activities to specifically improve city appearance, will be prepared and submitted to the Council Meeting on 8 November 2011.

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17 URGENT BUSINESS

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18 COMMITTEE OF THE WHOLE

18.1 PERFORMANCE REVIEW AND CONTRACT RENEWAL - GENERAL MANAGER

File No: E10430 Attachments: 1. General Manager's Performance Reivew 2010/2011 2. Letter from the General Manager Responsible Officer: Peter Blackmore - Mayor Author: Peter Blackmore - Mayor Stephen Mudd - Councillor Loretta Baker - Councillor Steve Procter - Councillor Maitland 2021 Outcome 19: A Council for now and future generations Council Objective: 19.3.1 To nurture a skilled and innovative workforce that delivers optimal service THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows: (a) personnel matters concerning particular individuals (other than councillors).

EXECUTIVE SUMMARY A performance review panel structured in accordance with the terms of the General Manager’s contract of employment met with the General Manager on Tuesday, 27 September, 2011, to conduct the General Manager’s annual performance review. The panel also discussed the renewal of the General Manager’s contract of employment.

This report presents the outcomes of the review for discussion and endorsement by Council.

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19 COMMITTEE OF THE WHOLE

20 CLOSURE

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