MAITLAND CITY COUNCIL

AGENDA

25 NOVEMBER 2003

COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1 INVOCATION...... 1

2 APOLOGIES ...... 1

3 DECLARATIONS OF PECUNIARY INTEREST ...... 1

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

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

6 MAYORAL MINUTE...... 2

6.1 MEMORIAL TO ROBBIE MATTHEWS...... 2

7 PUBLIC ACCESS ...... 5

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS ...... 5

9 ITEMS FOR INFORMATION...... 6

9.1 KEY PERFORMANCE INDICATORS - OCTOBER 2003...... 6

9.2 CORRESPONDENCE ANALYSIS...... 15

9.3 MONTHLY FINANCIAL REPORT - OCTOBER 2003...... 17

9.4 QUARTERLY REPORT - SECTION 94 CONTRIBUTIONS...... 20

9.5 COUNCILLOR MOTIONS...... 22

9.6 COUNCIL'S HOMEPAGE STATISTICS ...... 23

9.7 LOCAL GOVERNMENT ELECTION MARCH 2004 ...... 24

9.8 STATUS REPORT ON CAPITAL WORKS PROJECTS...... 27

10 OFFICERS REPORTS ...... 33

10.1 GENERAL MANAGER...... 33

10.1.1 NSW TOURISM AWARDS FOR BUSINESS EXCELLENCE..... 33

10.1.2 MAITLAND SHOW 2004 ...... 35

10.1.3 HUNTER VALLEY STEAMFEST...... 37

10.1.4 MORPETH JAZZ FESTIVAL ...... 43

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10.1.5 ANNUAL REPORT - 2002/03...... 49

10.1.6 IMPLEMENTATION OF MANAGEMENT PLAN...... 50

10.2 FINANCE AND ADMINISTRATION...... 51

10.2.1 PRESENTATION OF AUDITED FINANCIAL REPORTS AND AUDITOR’S REPORTS FOR YEAR ENDED 30 JUNE 2003..... 51

10.2.2 STATEMENT OF INVESTMENTS HELD AS AT 31 OCTOBER 2003...... 53

10.2.3 FINANCIAL ASSISTANCE GRANT 2003/2004...... 56

10.2.4 QUARTERLY BUDGET REVIEW - SEPTEMBER 2003 ...... 58

10.3 SERVICE PLANNING AND REGULATION...... 62

10.3.1 DEVELOPMENT APPLICATION NO.03-96 FOR EXTENSION OF TRADING HOURS - VALLEY BREWERY...... 62

10.3.2 AMENDMENTS TO DEVELOPMENT CONTROL PLAN 34 MAITLAND CONSERVATION AND DESIGN GUIDELINES...... 67

10.3.3 AMENDMENT TO DCP 8 - CENTRAL MAITLAND - SHOP TOP HOUSING ...... 74

10.3.4 DCP 44 - ON-SITE SEWAGE MANAGEMENT SYSTEMS...... 77

10.3.5 LANDSCAPE MASTERPLAN FOR THE QUEENS WHARF PRECINCT, MORPETH ...... 80

10.3.6 BUDGET INITIATIVES - MORPETH ...... 85

10.3.7 REVIEW OF MAITLAND URBAN SETTLEMENT STRATEGY 2003 ...... 89

10.3.8 STRATEGIC PLANNING UPDATE ...... 104

10.3.9 THORNTON NORTH REZONING FEES ...... 109

10.3.10 CURFEW PROPOSAL FOR LATE NIGHT CBD VENUES ...... 112

10.3.11 MINOR OFFENDERS COMMUNITY ALTERNATIVE SENTENCING PROGRAM...... 114

10.3.12 YOUTH SERVICES...... 116

10.3.13 LANDFILL GAS MANAGEMENT...... 120

10.3.14 MAITLAND COMMUNITY SUPPORT OFFICER (LANDCARE COORDINATOR) FUNDING OPTIONS ...... 124

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10.3.15 CONTROL OF BURNING POLICY ...... 130

10.3.16 CONSTRUCTION OF EAST MAITLAND BRANCH LIBRARY ..132

10.3.17 RIGHT OF WAY TO LOTS 15 AND 16, DP 738348, 42 - 44 BONAR STREET, MAITLAND...... 134

10.3.18 STEAMFEST BOARD RALLY SITE ...... 136

10.3.19 COUNCIL LAND - METFORD/THORNTON...... 139

10.3.20 TEMPORARY ROAD CLOSURE - 2004 AUSTRALIA DAY BALL IN THE MALL...... 142

11 REFERRED COMMITTEE REPORTS ...... 144

12 NOTICE OF MOTION/RESCISSION...... 145

12.1 STREETSCAPE - KING STREET, LORN NOTICE OF MOTION SUBMITTED BY COUNCILLOR VICTORIA WOODS...... 145

13 QUESTIONS WITHOUT NOTICE ...... 147

14 URGENT BUSINESS ...... 147

15 COMMITTEE OF THE WHOLE...... 148

15.1 RUTHERFORD SHOPPING CENTRE...... 148

15.2 COUNCIL LAND - RUTHERFORD INDUSTRIAL AREA ...... 149

15.3 MAITLAND REGIONAL GALLERY...... 150

15.4 HAGUE STREET DRAINAGE PROBLEM...... 151

15.5 TENDER CONSIDERATION - CONSTRUCTION OF TEN (10) NETBALL COURTS AT MAITLAND PARK, MAITLAND .152

15.6 PLANT REPLACEMENT ...... 153

16 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE ...154

17 CLOSURE...... 154

Page (iii) COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

PRESENT

1 INVOCATION

2 APOLOGIES

3 DECLARATIONS OF PECUNIARY INTEREST

4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

• The minutes of the Ordinary Meeting of Council held 28 October 2003 be confirmed.

5 BUSINESS ARISING FROM MINUTES

Page 1 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

6 MAYORAL MINUTE

6.1 MEMORIAL TO ROBBIE MATTHEWS

FILE NO: 101/18

Attachments: (2) Locality Plan - Neighbourhood Park at Metford Letter from ATSIC

Author: Peter Blackmore Mayor

Council has been approached by the Matthews family to consider an appropriate memorial to their son, Robbie, aged 7 years, who tragically died on 31 October 2003 at Metford. Many options have been presented including naming of the park, placing of a plaque, planting of trees, establishing a playground and burying a time capsule.

Council is awaiting the full petition from local residents requesting that in the true spirit of reconciliation, Council consider some form of an appropriate memorial for Robbie Matthews in the park bounded by O’Donnell Crescent and McLeod Avenue where he tragically died. Over 300 people have signed the petition.

This has been a tragedy for the Matthews family and the residents of the Metford community and a commitment has been given to the family and residents that a Mayoral Minute will be presented to this Council meeting for consideration.

RECOMMENDATION

That discussion be held with the Matthews family to determine the most suitable options in creating a memorial for Robbie Matthews.

Page 2 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

MAYORAL MINUTE - MEMORIAL TO ROBBIE MATTHEWS (Cont.)

Page 3 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

MAYORAL MINUTE - MEMORIAL TO ROBBIE MATTHEWS (Cont.)

Page 4 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

7 PUBLIC ACCESS

8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS

Page 5 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

9 ITEMS FOR INFORMATION

9.1 KEY PERFORMANCE INDICATORS - OCTOBER 2003

File No: 35/37

Responsible Officer: Brad Everett Group Manager – Service Planning & Regulation

Author: Stephen Burgess Business Support Officer

EXECUTIVE SUMMARY This report provides Council with information in relation to performance against key indicators.

OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.

REPORT This report provides regular monthly data against a set of core key performance indicators.

These types of indicators align broadly with Council’s adopted Key Focus Areas and together provide an overall snapshot of activity in the Maitland Local Government Area.

The aim of such reporting is to present the data in an informative and easily understood manner, so that Council can easily determine trends and / or anomalies that may require action. It is also intended that this type of reporting will provide an opportunity to highlight any key issues of particular importance to Council.

Performance Indicator: Approval Statistics

Approval statistics provide an indication of the level of building and development activity in the LGA, as well as the efficiency and effectiveness of our processing systems.

Data is presented showing trends over the last three months for the number of applications (DAs and CCs) lodged with Council, the number approved and the number that remain outstanding together with a comparison for the same period last year. Median processing days and the estimated value of development / construction is also presented.

Page 6 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

KEY PERFORMANCE INDICATORS - OCTOBER 2003 (Cont.) The data indicates that the number of Development Applications and Construction Certificates lodged in October 2003 compared to September 2003 was 26% and 10% higher respectively. However, the total number of Development Applications and Construction Certificates lodged for the three months August to September 2003 inclusive compared to the corresponding period last year was 16% and 11% lower respectively.

The number of Development Applications and Construction Certificates approved in October 2003 compared to September 2003 was 35% and 29% higher respectively. However, the total number of Development Applications and Construction Certificates approved for the three months August to October 2003 inclusive compared to the corresponding period last year was 6% and 7% lower respectively.

The number of Development Applications and Construction Certificates lodged in October 2003 exceeded the number approved which explains the increase in the number of outstanding or ‘on hand’ Development Applications and Construction Certificates in October 2003. The number of outstanding Development Applications and Construction Certificates in October 2003 was 11% and 16% lower than the respective number of outstanding applications in October 2002.

The number of median days to process Development Applications in October 2003 was 16 days, a reduction of 2 days from September 2003, and substantially below the average processing days of 23 days achieved last year for the period August to October 2002. Construction Certificate median days increased by one day to 14 days in October 2003, which is below the average processing days of 15 days achieved last year for the period August to October 2002.

Page 7 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

KEY PERFORMANCE INDICATORS - OCTOBER 2003 (Cont.)

DAs - Outstanding, Lodged & Approved

400

300

200

100

0 Aug 2002 Sep 2002 Oct 2002 Aug 2003 Sep 2003 Oct 2003

DAs Outstanding 303 326 367 303 319 325 DAs Lodged 188 240 232 161 173 218 DAs Approved 178 217 191 182 157 212

DAs Median days 30

25

20

15

10

5

0 Aug 2002 Sep 2002 Oct 2002 Aug 2003 Sep 2003 Oct 2003

DAs Median days 22 19 28 18 18 16

Estimated Value of Development $30,000,000

$26,000,000

$22,000,000

$18,000,000

$14,000,000

$10,000,000

$6,000,000 Aug 2002 Sep 2002 Oct 2002 Aug 2003 Sep 2003 Oct 2003

Es timated V alue $13,023,746 $17,460,544 $23,770,595 $20,627,469 $19,016,451 $25,663,043

Page 8 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

KEY PERFORMANCE INDICATORS - OCTOBER 2003 (Cont.)

CCs - Outstanding, Lodged & Approved

350 300 250 200 150 100 50 0 Aug 2002 Sep 2002 Oct 2002 Aug 2003 Sep 2003 Oct 2003

CCs Outstanding 219 247 293 193 233 247 CCs Lodged 195 239 236 172 203 224 CCs Approved 191 211 190 177 163 210

CCs Median days 18 16 14 12 10 8 6 4 2 0 Aug 2002 Sep 2002 Oct 2002 Aug 2003 Sep 2003 Oct 2003

CCs Median days 15 15 16 12 13 14

Estimated Value of Construction

$30,000,000

$25,000,000

$20,000,000

$15,000,000

$10,000,000

$5,000,000

$0 Aug 2002 Sep 2002 Oct 2002 Aug 2003 Sep 2003 Oct 2003

Estimated Value $15,774,912 $18,347,113 $16,595,997 $26,877,456 $11,487,112 $17,994,256

Page 9 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

KEY PERFORMANCE INDICATORS - OCTOBER 2003 (Cont.) Performance Indicator: Consolidated Development Services Income

The original 2003/04 vote for consolidated Development Services income was increased by 44% or $447,000 over the original adopted 2002/03 vote. Despite this substantial vote increase from last year, actual consolidated Development Services income for October 2003 exceeded the monthly vote by $108,000 or 89% and a year to date basis by $108,000 or 16%. A 2A vote adjustment was completed in September 2003 increasing the year to date (YTD) consolidated Development Services income vote by $200,000. The following graph shows actual YTD consolidated Development Services income to October 2003, and forecasted YTD income based on the average of the last twelve (12) months actual consolidated Development Services income.

The increase in consolidated Development Services income generated to October 2003 and the forecasted consolidated Development Services income for the remainder of the year demonstrates the continued increase in the level of activity in the development sector.

YTD CONSOLIDATED DEVELOPMENT SERVICES INCOME (Projection based on average monthly income over last 12 months) $2,500

$2,000

$1,500

$ 000's $1,000

$500

$0 J 03 A S O N D J 04 F M A M J

Actual YTD $193 $382 $563 $792 Forecast $968 $1,145 $1,322 $1,498 $1,675 $1,852 $2,028 $2,205 Vote $121 $242 $563 $684 $805 $926 $1,047 $1,168 $1,289 $1,410 $1,531 $1,652

Page 10 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

KEY PERFORMANCE INDICATORS - OCTOBER 2003 (Cont.) Performance Indicator: Patronage of Community Services

Patronage at Council’s libraries, art gallery, and visitor centre are displayed graphically below to more clearly identify trends for usage at the various facilities.

Library patronage for October was slightly up by approximately 4.5%. Overall attendance trends for the months August to October 2003 inclusive are very similar to the attendance trends for the corresponding period last year. The data indicates strong continuing library patronage.

LIBRARY VISITORS

20,000 18,000 16,000 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0 Aug 2002 Sep 2002 Oct 2002 Aug 2003 Sep 2003 Oct 2003 Library Visitors City 9,408 7,979 8,536 9,224 9,091 8,934 East 4,551 3,946 4,536 4,195 4,068 4,491 Ruth 816 905 844 758 877 713 Thorn 2,895 2,359 2,947 2,003 2,226 2,828 Total 17,670 15,189 16,863 16,180 16,262 16,966

Page 11 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

KEY PERFORMANCE INDICATORS - OCTOBER 2003 (Cont.) Art Gallery patronage in October 2003 was up approximately 20% and respectively up 17% in September 2003. Patronage for the period August 2003 to October 2003 inclusive was approximately 86% higher then the corresponding period last year. This data shows continuing strong growth in Art Gallery Patronage.

ART GALLERY VISITORS

1,000

900

800

700

600

500

400

300

200

100

0 Aug 2002 Sep 2002 Oct 2002 Aug 2003 Sep 2003 Oct 2003 Art Gallery Visitors 465 479 338 667 780 940

Page 12 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

KEY PERFORMANCE INDICATORS - OCTOBER 2003 (Cont.) The Maitland Visitor Information Centre enquiries for the month of October were down approximately 5.5% on the September 2003 figures. This can be attributed to September being the lead up to some major events including the Morpeth Jazz Festival, which generates an increased number of telephone calls. The two other areas of enquiry including personal and mail were stable or showed an increase.

VISITOR INFORMATION CENTRE ENQUIRIES

4,500

4,000

3,500

3,000

2,500

2,000

1,500

1,000

500

0 Aug 2003 Sep 2003 Oct 2003

Personal 3,480 3,894 3,866 Telephone 944 1,137 814 Mail 280 327 379

Page 13 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

KEY PERFORMANCE INDICATORS - OCTOBER 2003 (Cont.) Performance Indicator: Rates Collections

As at 30th June 2003, 6.2% of rates levied for the 2002 / 2003 year remained uncollected. (In comparison, as at 30th June 2002, 7.74% of the rates levied for the 2001 / 2002 year remained uncollected). The graph shows the reductions achieved per month in the percentage of rates in arrears. The percentage of rates in arrears at the end of October 2003 is substantially below the percentage of rates in arrears at the end of October 2002 indicating approved efficiency in the rates recovery function. Remaining arrears continue to be pursued through Council’s debt recovery agency and by Council’s debt recovery officer.

Please note that arrears figures do not include current financial rates that remain uncollected

Percentage of 2002/2003 Rates in Arrears

7.00%

6.00%

5.00%

4.00%

3.00%

2.00%

1.00%

0.00% Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June

Fin Year 2002 5.95%5.22%4.57% 4.01%3.73%3.46%3.24%2.99%2.73% 2.54%2.31%2.21% Fin Year 2003 5.03%4.47%3.92% 3.46%

Page 14 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

9.2 CORRESPONDENCE ANALYSIS

File No: 35/61

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Matthew Ryan Records Officer

EXECUTIVE SUMMARY This report contains information in relation to Council’s outstanding correspondence. The report is a valuable management tool within the organisation & provides information in relation to adherence to the guidelines for replying to correspondence.

OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.

REPORT DOCUMENT FLOW October TOTAL Number of Documents Received 2468 2003 October TOTAL Number of Documents Sent 1891 2003 Note 1: The figures shown above relate to all documents received and sent by Council and include all property applications and items for information.

ACTIONABLE DOCUMENTS OUTSTANDING TOTAL Outstanding Over 30 Days 30/9/2003 63 October PLUS Actionable Items Received 29 2003 October LESS Outstanding Items Actioned 23 2003 TOTAL Number of Outstanding Documents 31/10/2003 69 Over 30 Days Note 2: Many of the documents received by Council are dealt with by formal processes, such as Development Applications. Council processes will trigger the necessary action, whether it is a response to a developer or result of a tender. These items are not included in this table. This table relates to documents that do not have a formal process and therefore acts as a safety net for actionable correspondence.

Page 15 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

CORRESPONDENCE ANALYSIS (Cont.)

ACTIONABLE DOCUMENTS BY CATEGORY • Approvals 26 • Customer Service Requests 0 • General 40 • Works/Projects 1 • Rating 2 TOTAL Outstanding Over 30 Days 31/10/2003 69 Note 3: This table is a further dissection of the actionable documents. The full implementation of the Electronic Document Management System will provide an enhanced reporting facility.

Page 16 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

9.3 MONTHLY FINANCIAL REPORT - OCTOBER 2003

File No: 35/53

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Phil Freeman Manager Accounting Services

EXECUTIVE SUMMARY This report contains relevant performance data for Council. Besides being a valuable management tool, it is a performance reporting mechanism to the general community.

OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.

REPORT The Statement of Financial Performance shows a net surplus for the period ending 31 October 2003 of $16,819,000.

Council’s revenue from ordinary activities is generally in line with budget year to date figures.

Expenses from ordinary activities are below budget year to date figures, particularly in materials and contracts. This is mainly due to projects being carried over from 2002/03, which have been programmed for later in the financial year.

Grants and contributions for capital purposes exceed budget by $1,082,000. This is a result of increased development activity in the city, causing Section 94 development contributions to exceed budget year to date figures. All Section 94 funds are held as a restricted asset.

The Statement of Financial Position shows that Council has net assets totalling $414,644,000.

Page 17 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

MONTHLY FINANCIAL REPORT - OCTOBER 2003 (Cont.)

Page 18 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

MONTHLY FINANCIAL REPORT - OCTOBER 2003 (Cont.)

Page 19 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

9.4 QUARTERLY REPORT - SECTION 94 CONTRIBUTIONS

File No: 103/41; 35/53

Attachments: (1) Summary of Contributions

Responsible Officer: Brad Everett Group Manager – Service Planning & Regulation

Author: Stephen Burgess Business Support Officer

EXECUTIVE SUMMARY This report provides the Council with information in relation to Section 94 contributions, including fund balances and commitments as at 30th September 2003. This information is based upon the projects adopted as part of the 2003/2004 Management Plan, income received in the September 2003 quarter, and Council resolutions and decisions in relation to Section 94 projects.

OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.

REPORT Council’s main Section 94 Plan, adopted in September 1995, levies city-wide contributions for : • community amenities and services • recreation and open space • cycleways • bushfire services • urban roads • administration

The plan also makes provision for the levying of contributions on a Sector basis covering East, West, and Central sectors of the City. Contributions are levied on a Sector basis for recreation and open space, as well as for specific car parking and road works, where specifically identified in the Plan.

Council also has three other adopted Section 94 Contribution Plans, which cover: • trunk drainage in Rutherford • new residential development in Somerset Park; and • car parking in Morpeth.

Page 20 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

QUARTERLY REPORT - SECTION 94 CONTRUBUTIONS (Cont.) As at 30th September 2003, the balance of Section 94 funds held by the Council was $9,819,988. This figure is a register of all funds held in relation to Section 94, but does not provide a breakdown of current Council commitments. New Section 94 income for the September 2003 quarter totalled $1,309,942.

At the start of the 2003 / 2004 financial year, significant projects that Council had previously committed Section 94 funding towards included:-

• $345,000 towards a local regional sporting facility. • $243,000 towards the expansion of Maitland Park. • $61,000 towards Maitland Park Netball Courts. • $330,000 towards design and construction of the new Rutherford Library. • $750,000 towards design and construction of the new East Maitland Library. • $64,000 towards construction works for Cycleway. • $272,000 towards development of Cultural Precinct including relocation of the Art Gallery to the former TAFE building.

The 2003/2004 Management Plan committed a further $416,000 towards Section 94 projects including:

• $150,000 further contribution to towards design and construction of the new East Maitland Library. • $50,000 towards construction of Cycleways. • $27,000 from Extractive Industries for Maintenance of Local Road focussing on specific local roads used for extractive industry haulage. • $32,000 from City Wide Recreation for East Maitland Swimming Pool Stage 2 of the pool heating system. These funds will supplement Stage 1 works which were grant / swimming club funded. • $35,000 from East Sector Recreation for Thornton Park Improvements including lighting of netball courts and improvements for cricket. • $20,000 from East Sector Recreation for Chelmsford Drive Oval floodlighting. • $42,000 from Sector Recreation ($23,333 West, $11,667 Central, and $7,000 East) for Recreation Grounds Improvements including new storage facilities at Norm Chapman ($23 ,333) and Largs Oval ($11,667) and canteen improvements at Fieldsend Oval ($7,000) • $25,000 from East Sector Recreation for Shamrock Hill Oval irrigation system

Total uncommitted funds remaining as at 30th September 2003 was $7,555,974.

Page 21 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

9.5 COUNCILLOR MOTIONS

File No: 35/61

Responsible Officer: David Evans General Manager

Author: David Evans General Manager

EXECUTIVE SUMMARY The following report details the current status of Councillor Motions/Urgent Business/Questions without Notice which are currently being actioned by Council officers. It is proposed that this report will be presented to the Ordinary Meeting of Council each month for information.

OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.

REPORT

See attached report.

Page 22 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

9.6 COUNCIL'S HOMEPAGE STATISTICS

File No: 31/1

Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration

Author: Toni Cliff Technical Support Officer

EXECUTIVE SUMMARY This report provides statistics about Council’s web site. The statistics contained in the report allows Council to identify the type of services being accessed or used by the public and other organisations.

OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.

REPORT August September October 2003 2003 2003 No. of visits to the MCC 9,746 11,021 10,148 website Top Five web pages with Council * No data Positions highest no. of visitors (not Information available Vacant homepage) Positions * No data Council Vacant available Information * No data Planning Planning available City * No data City Information available Information * No data Business Business available No. of rates paid electronically (depends on 244 103 40 instalment dates) No. of Property Certificates 4 3 5 paid electronically

*HunterLink’s server experienced technical problems in September, and as a result, no web page statistics were available.

Page 23 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

9.7 LOCAL GOVERNMENT ELECTION MARCH 2004

File No: 47/10

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Graeme Tolhurst Group Manager Finance Administration

EXECUTIVE SUMMARY The Local Government Association has made representation to the Minister for Local Government in regard to the March 2004 Local Government Elections. His response in regard to Independent Candidates, Scrutineers and Postal Voting are addressed with the report.

OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.

REPORT The Minister for Local Government has responded to representations about independent candidates, postal voting procedures and the rights of scrutineers.

Independent Candidates

A submission was made to the Minister requesting that independent candidates be treated in the same manner as candidates belonging to registered parties by ensuring that those independents who choose to form a group have the word “Independent” shown on the ballot paper.

The Minister has indicated that while there have been recent amendments to the Local Government Act 1993 in relation to the registration of political parties and the ability for candidates to form a group and have a group voting square on the ballot paper, there have been no changes to the provisions relating to independent candidates.

Sections 322 and 323 of the Act refer specifically to independent candidates and notations on the ballot paper. An independent candidate may apply in writing to the returning officer for the word “Independent” to appear next to his or her name on the ballot paper. A group of independent candidates that has a group voting square cannot have the word “Independent” printed next to the group voting square but can have the word “Independent” printed next to each candidate’s name.

Page 24 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

LOCAL GOVERNMENT ELECTION MARCH 2004 (Cont.) Scrutineers

Concern was expressed to clarify rights to scrutineers where above-the-line ballot papers are couriered to Sydney for electronic distribution of preferences.

The Minister has indicated that clause 68 of the Local Government (Elections) Regulation 1998 provides that candidates may appoint scrutineers and that they may attend at certain places at different stages of the vote taking and counting processes. Clause 77 of the Regulation gives scrutineers, among other persons, the right to be present at the count of the vote.

The Minister appreciates that there may be some uncertainty as to how candidates may make the best use of their scrutineers because of the changed location and processes involved in next year’s election, but assures that there is no intention to reduce the right of scrutineers to attend at and scrutinise the count of the vote or in any way reduce the important role that scrutineers have in relation to elections. Rather, any amendments to the regulations in this area are consequential ones that clarify or strengthen the right of attendance and role of scrutineers.

Scrutineers will be permitted to observe the distribution of preferences at each Polling Centre as well as the Sydney Central counting area where this is appropriate. Details on how this process will operate will be announced through each Returning Officer.

Postal Voting

Changes to the timetable for the acceptance of postal votes to close of business on the Monday after the election arise from the provisions of the Local Government Amendment Act 2000. As a result of that amendment, the relevant provisions of the Local Government Act 1993 now require postal votes to be accepted up until 6pm on the first business day immediately following the day of the election.

The amendment was proposed by the then Deputy Leader of the Opposition, the Hon Duncan Gay MLC. At the time, the Government expressed concern that the proposed amendments would delay the counting of votes, particularly in areas with small voting populations. However, the Government considered that, on balance, it was important to ensure the franchise of as many voters as possible and therefore the Opposition’s amendment was not opposed in the Parliament.

Complete Postal Voting

One reform now explored by the Minister was the system operating in South Australia where councils have the option of the complete election being conducted by postal voting only. It appears that only one council has opted for the traditional polling centre method of voting.

The Minister has responded that one of the key tenets of democracy is the secret ballot, and the use of polling booths represents the preferred method for ensuring the integrity and secrecy of that ballot. Secondly, there is both a perceived and a material concern of electoral fraud under a postal voting system, a concern that is supported by anecdotal evidence. Page 25 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

LOCAL GOVERNMENT ELECTION MARCH 2004 (Cont.)

In terms of increasing voter participation, it is important to note the intrinsic difference between a compulsory voting process and an electoral process in which voting is voluntary. Under a voluntary voting system, the imperative is to provide an opportunity to vote to all those who are entitled to vote. Under a compulsory voting model, such as that applying in NSW, the imperative is to ensure that those who are entitled to vote do vote, and to impose a sanction where there is an unjustified failure to do so.

The compulsory voting process therefore requires certainty as to the existence of the opportunity and the entitlement to vote. That certainty is achieved through the provision of polling booths as well as additional procedures, such as postal voting, which enable votes to be cast either before of during polling day. As a result, the absence of a vote under a compulsory process reflects a failure to vote rather than a failure of the system to provide a vote. The uncertainties associated with a postal vote mean that it would be difficult under a compulsory process to establish as a matter of legal proof that the absence of a vote indicated a failure to exercise the opportunity to vote.

In all of these circumstances, the Government considers that the current voting process for local government must be maintained, and this is consistent with the approach taken with the federal and state voting process.

Page 26 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

9.8 STATUS REPORT ON CAPITAL WORKS PROJECTS

File No: 122/813

Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation

Author: Richard Minter Manager Consulting and Contracts

Wayne Cone Group Manager, City Works and Services

EXECUTIVE SUMMARY Council has a range of Capital Works Projects which are undertaken in house by the City Works and Services Group and externally by contract construction groups.

A report on the status of major construction works and projects within the 2003/2004 Capital Works Program and the final projects in the 2002/2003 program are submitted for Council's information.

OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.

REPORT

CONSULTING AND CONTRACTS

1. Morpeth Road Shoulder Widening

The project consists of the construction of road shoulders, kerb and gutter and drainage along Morpeth Road at Raworth with the contracted works having reached practical completion. Issues relating to the road surface have been resolved with the contractor for the project, Trueway Transport Pty Ltd, who have agreed to fund repairs that will be undertaken by Council. These repairs have commenced through heavy patching with a reseal to be undertaken in the new year.

2. Rutherford Branch Library

A new branch library is to be constructed at Rutherford in the Rutherford Shopping Centre precinct. Development and Construction approvals have been received with the total budget for the project being $750,000. A tender for construction of the new library has been awarded to R. T. Parker Pty Ltd. Construction has commenced with the concrete slab completed. Works are due for completion in April, 2004. Page 27 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.)

3. High Street East Maitland Drainage Improvements

Design for Stages 1 and 2 of the East Maitland drainage improvement program have been completed by Council's consultants. Clashes with utility services have now been resolved. A tender for the construction of Stage 1 works has been negotiated and awarded to Kerroc Constructions Pty Ltd. Council is awaiting approval from Hunter Water regarding relocation of a water main prior to works being able to be commenced.

4. Morpeth Boat Ramp

Council has received $170,000 in grant funding to compliment Council's contribution of $130,000 for improvements to the existing boat ramp at Morpeth with a tender awarded to Milleen Constructions Pty Ltd. The boat ramp has been reopened for full access with final landscaping of embankments being undertaken by Council near completion.

5. Bus Shelters

Council has received $155,000 grant funding for the construction of new bus shelters at Mitchell Drive, East Maitland, Elgin Street Maitland, Maitland Post Office, Maitland Hospital and Metford TAFE. The Elgin Street and Maitland Post Office shelters have been completed by Ron Cant. Pre-fabricated shelters for the other locations have been ordered and are due to be installed in December.

6. CBD Post Office Forecourt

The project consists of refurbishment, repaving and landscaping works to the front of the CBD Post Office with a total budget of $50,000. The works will also include the removal of the tree in front of the Post Office, with a contract awarded to Alligator Constructions Pty Ltd. Works have commenced and are due for completion late November.

7. CBD Western Entry

A budget of $380,000 has been made available for the construction of improvements to the CBD western High Street Entry. The works have involved the construction of a landscaped central median incorporating pedestrian refuges and paved crossings, box hedge and fencing. Minor additional works will be completed following the trial removal of the traffic lights at the St Andrews Street/High Street intersection.

8. East Maitland Branch Library

A new branch library is to be constructed at East Maitland in Garnett Road. The total project budget is $1,850,000. Tenders for construction have been negotiated with R T Parker Pty Ltd and Cordukes Limited with a separate

Page 28 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.) report presented to this Council meeting detailing the outcome of these negotiations.

9. Maitland Art Gallery

Council has purchased the former TAFE building in High Street, Maitland for a new Art Gallery. Works were being undertaken through a mix of Council staff and contractors. Contracts for electrical works (Interlec Pty Ltd) and air conditioning (M & H Air) have been completed. Painting, carpentry and other general works being undertaken by Council are also complete.

10. City Gateways

A new city entrance gateway sign at East Maitland has been constructed on the near Four Mile Creek Road. Fencing and signage components have been fabricated with fencing installation complete. Landscaping works have also now been completed. The total expenditure for the project is approximately $15,000.

11. Steamfest Display Site

An amount of $20,000 has been allocated in the 2003/04 budget for the construction of further works at the Steamfest display Site. Concept survey and design has been completed with formal design complete. Works are expected to commence later this year. Issues relating to watermains and Hunter Water land are contained in a separate report to this Council meeting.

12. Highway Landscaping

A Council initiative for improved landscaping of the New England Highway has been adopted as a part of the 2003/04 Management Plan with a budget of $20,000 available. Design options for the highway median area near Maitland Pool has commenced with works anticipated to be undertaken in early 2004.

13. Maitland Park Netball Courts

Design has been completed and development approval obtained for the construction of ten new netball courts in Maitland Park. Tenders have been called for the construction of the courts and are presented to this Council meeting for determination. The total cost of the project is anticipated to be $205,000 with Maitland Netball Association providing funding of $65,000.

CITY WORKS AND SERVICES

The status of the construction projects within the 2003/2004 Rolling Works Program, as of 8th October 2003, is as follows.

Page 29 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.)

1. Drainage Construction

1.1 Valentia Parade, Tenambit

A stormwater pipeline has been laid from the intersection of Valentia Parade and Frater Avenue, through a drainage easement, to the intersection of Goldingham Street and Blackley Avenue.

The retaining wall and fence construction will commence on the 14th of November. The adjacent driveway replacement will follow the above works and will complete this project in late December. The approximate cost of the works is $180,000.

2. Footpath Construction

2.1 Karuah Street, Thornton

A concrete footpath is being constructed along the western side of Karuah Street from Railway Avenue to Government Road at an approximate cost of $23,800.

Work is approximately 50% completed and is programmed to restart after the relocation of a Telstra service and a water service.

2.2 Weblands Street, Rutherford

Construction has begun on a 166m length of footpath on the north eastern side of the Weblands Street and Alexandra Avenue roundabout.

This footpath will connect between the existing footpaths in the vicinity of the Rutherford High School and Rutherford Oval.

Approximate cost of works is $17,000.

3. New Works - Urban

3.1 Karuah Street, Thornton

Karuah Street is currently being constructed from Railway Avenue to Government Road. The work includes kerb and gutter construction, drainage works, road pavement rehabilitation and a two (2) coat bitumen seal.

This work is approximately 50% completed.

The estimated cost of the works is $120,000.

Page 30 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.) 4. Reseals - Rural Roads

Preparation work for resealing, has commenced on the following rural roads: - Station Lane, Lochinvar - Aberglasslyn Road, Aberglasslyn - Louth Park Road, Louth Park - Oakhampton Road, Oakhampton

Preparation work on the rural reseals will continue over the next few months in an effort to complete all the rural reseals by March 2004. The total cost of the program is approximately $280,000.

6. Reseals - Urban Roads

Sealing work is complete on the following urban roads:

- Dumaresq Pde, Metford - Issacs St & Foveaux Cres & Ingall St, Metford

Preparation work for resealing, has commenced on the following urban roads: - Dutton Cl, Stevens Cl, & Gorton Cl & Sayce Cl, Metford - Hakea St, Metford - Banks St, Adams St & Glebe St, East Maitland - Day St, East Maitland - Wallis St, East Maitland - Clarence St & Centre St, Tenambit - Largs Avenue, Largs - Cartwright St, Gillieston Heights - Gillies St, Rutherford - Edgeworth St, East Maitland - Flinders St & High St, East Maitland - Fieldsend St, East Maitland

Preparation work on other urban reseals will be undertaken over the next few months in order to complete all the urban reseals by March 2004. The total cost of the program is approximately $740,000

7. Additional Civil Projects

7.1 Wollombi Road & Regiment Road, Telarah

Work is progressing and is approximately 60% completed on the construction of a new roundabout of the intersection of Wollombi Road and Regiment Road. The project will take approximately 5 weeks to complete at an estimated cost of $266,500.

Page 31 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

STATUS REPORT ON CAPITAL WORKS PROJECTS (Cont.) 8. Building Works Projects

8.1 East Maitland Community Hall – New Wet Area Kitchen.

Council’s Building Works Section is refurbishing the meeting room and food preparation section of the Hall.

The estimated cost of this project is $15,000 with an approximate completion date of late December.

Page 32 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10 OFFICERS REPORTS

10.1 GENERAL MANAGER

10.1.1 NSW TOURISM AWARDS FOR BUSINESS EXCELLENCE

File No: 35/21/1

Responsible Officer: Roger Stephan Executive Manager Economic Development and Marketing

Author: Roger Stephan Executive Manager Economic Development and Marketing

Rachel MacLucas Manager Tourism

EXECUTIVE SUMMARY The purpose of this report is to advise Council of the success of Hunter Valley Steamfest 2003 in winning an award at the NSW Tourism Awards for Business Excellence and to seek confirmation of Councillor attendance at the Australian Tourism Awards Ceremony to be held in Perth in February 2003.

OFFICER'S RECOMMENDATION THAT:

1. The report on the NSW Tourism Awards for Business Excellence be received and noted

2. Councillor representation at the Australian Awards Ceremony be determined at this meeting

3. The General Manager determine appropriate staff representation at the Australian Awards

4. A report be presented to a future meeting of Council informing Council of the outcomes of the Australian Awards Ceremony

REPORT In August 2003, Hunter Valley Steamfest was successful in winning the Hunter Regional Tourism Awards category for Major Festivals and Special Events. As the winner of this Award, Steamfest qualified as a finalist in the NSW Tourism Awards for Business Excellence.

Page 33 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

NSW TOURISM AWARDS FOR BUSINESS EXCELLENCE (Cont.)

The NSW Awards were presented in Sydney on 4 November 2003 where for the first time Hunter Valley Steamfest was successful in winning the category of Significant Festivals and Special Events. Steamfest gained this distinction in sprite of strong competition from a field of finalists including the NSW Open Championship (Salamander Bay - North Coast), Australian Ironman Triathlon (Tuncurry – North Coast), Broken Hill St Patrick’s Race Meeting (Outback), Irish Woolfest (Boorowa – Capital Country) and The Rocks Markets by Moonlight (Sydney).

Hunter Valley Steamfest is now one of eight finalists in the Australian Tourism Awards, which will be announced in Perth on 13 February 2004.

Receipt of such an award at the State Awards provides a new level of recognition and credibility for the event. Congratulations should be extended to all involved with the organisation of Hunter Valley Steamfest 2003 and best wishes extended for the Australian Awards in February.

FINANCIAL IMPLICATIONS Costs associated with attendance at the Australian Awards will be met from within current Tourism budget allocations.

POLICY IMPLICATIONS There are no policy implications arising from this report.

STATUTORY IMPLICATIONS There are no statutory implications arising from this report.

Page 34 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.1.2 MAITLAND SHOW 2004

File No: 35/21/3

Responsible Officer: David Evans General Manager

Author: Roger Stephan Executive Manager Economic Development and Marketing

EXECUTIVE SUMMARY The purpose of this report is to inform Council of issues in relation to Council’s participation in the Maitland Show 2004 and to foreshadow a need for additional resourcing should that participation proceed.

OFFICER'S RECOMMENDATION THAT:

1. Maitland City Council participate in the Maitland Show 2004 within parameters outlined in this report

2. An allocation of $10,000 be included in the next available Quarterly Budget Review to enable required expenditures to take place

REPORT Maitland City Council has traditionally mounted displays at the annual Maitland Show as a means of promoting its programs and services to the wider resident and visitor community and as a gesture of support and encouragement to the Show Society in its conduct of the event.

In 2003 a fundamental review was undertaken by Council staff in regard to the content, appearance and purpose of past Council displays.

There were two reasons for this review. Firstly, the review arose out of anecdotal evidence suggesting that previous, essentially static informational displays did not generate a wide degree of interest for show visitors. Secondly, the review was held in response to the Show Society’s own reassessment of their Show and the rejuvenation of the wider event that ultimately took place in 2003.

Visitor response to Council’s revamped show area in 2003 was very positive with the presentation packs and promotional giveaways being particularly popular with school and family groups. If a display is again to be mounted in 2004 a similar approach focusing on communication, Council’s “branding” materials and presentation packs would be adopted.

Page 35 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

MAITLAND SHOW 2004 (Cont.) The issue with the above relates to resourcing.

Costs associated with the 2003 display

Costs involved in mounting a display at the Show are many and include, but are not limited to:

• Site hire and donation (prize) costs • Printing costs • Display and handout material production and / or rental costs • Overtime payments for staff

In 2003 these costs amounted to an unbudgeted allocation against Council’s marketing allocation of $10,000. .

CONCLUSION

There are many reasons such as those touched on at the beginning of this report why Council would wish to participate in and support its local Show. Participation and support in an era of increasing visitor expectations, user pays principles and the like does, however, bring with it a substantial and unrecoverable cost that may be difficult to justify when issues such as visitor numbers and response are considered.

It is the intent of this report to identify likely costs and to request a commitment to resourcing the type of display required to generate real visitor and resident interest. Should such resourcing not be available, it would be proposed to forego the mounting of a Council display at the Maitland Show in 2004.

FINANCIAL IMPLICATIONS There is currently no allocation to cover expenditure relating to a display at the Maitland Show

POLICY IMPLICATIONS There are no policy implications arising from this report.

STATUTORY IMPLICATIONS There are no statutory implications arising from this report.

Page 36 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.1.3 HUNTER VALLEY STEAMFEST

File No: 35/21/1

Attachments: (1) Draft Strategic Plan Framework

Responsible Officer: Roger Stephan Executive Manager Economic Development and Marketing

Author: Roger Stephan Executive Manager Economic Development and Marketing

Rachel MacLucas Manager Tourism

EXECUTIVE SUMMARY The purposes of this report are to provide Council with an overview of Hunter Valley Steamfest 2003 and to seek endorsement of a Strategic Plan Framework, which will guide the growth of the event and its associated activities until 2006.

OFFICER’S RECOMMENDATION THAT:

1. The overview of Hunter Valley Steamfest 2003 be received and noted

2. The Strategic Plan Framework 2003-2006 of Hunter Valley Steamfest be endorsed and its implementation reported annually to Council

3. A report be provided to the March 2004 Ordinary Meeting of Council on the creation of a Hunter-based Steam Appreciation Association and expanded membership of the Hunter Valley Steamfest Advisory Board

REPORT The eighteenth Hunter Valley Steamfest was held on the weekend of the 12th and 13th of April 2003 and attracted more than 72,000 visitors to the City and broader . 2003 was the first time that the event was organised as a core function of Council through Hunter River Country Tourism in conjunction with the new structure of a Steamfest Board and Working Party.

The event again included a range of attractions based around steam heritage and a selection of family based activities to attract the target audience of families from the Hunter Region, regional and Sydney. The program included, but was not limited to, the following activities.

Page 37 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

Hunter Valley Steamfest (Cont.) • Steam Train rides on 3801, 3830 and 3112 (sourced through 3801 Ltd) and travelling to Newcastle and, for the first time, Singleton

• Heritage Diesel Train Rides on “Tin Hares” (sourced through at Paterson) and travelling to Paterson

• Street Steam – a variety of street steam engines including the “Festival of the Fowler”, which included consecutively numbered engines running side by side for the first time

• Small Farm Machinery Display

• Show & Shine in Maitland Park attracting over 600 vehicles

• Stalls, Amusement Devices and Street Entertainment

• Juke Box Saturday Night in the Maitland Heritage Mall

There were also activities held at “partner” sites including the Heritage Mall, Richmond Vale Rail & Mining Museum, , Morpeth and South Maitland Railways.

Ticketing

In 2003 a new automated ticketing system Pass 3 was used that allowed for the introduction of split journeys on some excursions. By offering split journeys, the opportunity to increase margins on ticket sales was increased and resulted in total ticket sales of a record $54,532.

Some difficulties were experienced because of limited access to ticketing immediately prior to and during the Festival weekend (tickets sold before this period were able to be posted). This related particularly to the inability to provide a ticket sales service in Newcastle and at the Information Centre. For 2004 enhancements to access are being investigated with the Pass 3 system having the capacity to operate from more than one site.

Train Excursions

A number of changes were made to the way in which the train journeys operated in 2003 including the introduction of the split journeys on the Newcastle excursions. Excursions to Singleton were introduced travelling by rail one way and by coach the other way and for the first time regular “Tin Hare” diesel shuttles were run to and from Paterson. These initiatives resulted in almost a doubling of seat availability compared to 2002 and saw an impressive 63% overall sales rate with the remainder seats largely being on journeys in early morning slots that were not anticipated to sell out.

Page 38 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

Hunter Valley Steamfest (Cont.) Marketing

2003 was the second year of the triennial flagship events funding from Tourism New South Wales ($30,000 per year). A total of $36,667 was spent on marketing Hunter Valley Steamfest, which undoubtedly contributed to the success and visitation to the event. Marketing activities included television advertising – (NBN), radio (KOFM), press (, Daily Telegraph, Newcastle Herald, ) and the development of a website www.steamfest.com.au

A public relations consultant was also engaged and was successful in securing coverage for the event in major metropolitan press including Sunday Telegraph, Sun Herald, Sydney Morning Herald, cover page and lead article in the Weekender (Newcastle Herald) and all regional news publications. Radio interviews and announcements were made on all Newcastle based stations and a segment was secured on the Today Extra program on NBN. While it will always be difficult to separate coverage generated by the consultant from coverage that was going to happen anyway because of the profile of the event or because of local contacts, it is nevertheless considered that the $5,000 fee involved proved excellent value.

Sponsorship

For the first time in 2003, structured sponsorship packages were developed for the event ranging in value from $330 through to $11,000. A total of 39 sponsors were secured from the regional business community providing $41,800 in cash sponsorship and a further $20,000 in kind support (figures are exclusive of support received from Tourism New South Wales).

Volunteers

For 2003, Hunter Valley Steamfest also developed a structured volunteer program which provided training and a benefits package. Over 60 members of the Hunter community volunteered their time on or before the Festival weekend.

Funding

Hunter Valley Steamfest is a major undertaking injecting millions of dollars into the local economy. The net overall result for the event – excluding staff costs – was a small profit of not quite $1,300. An overview of projected and actual income and expenditure follows.

Ledger Name Budget Final Total

Income 129,450 147,126.30

Administration 1,000 1,041.01 Grants - Rental Gaol 1,000 481.82 Donations/Interest 559.19

Activities 88,150 112,469.79

Page 39 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

Hunter Valley Steamfest (Cont.) Ledger Name Budget Final Total Sponsorship 42,150 41,800.00 Train Ticket Sales 30,000 54,532.06 Site Fees 16,000 16,137.73 Bus Contribution -

Promotion 40,000 33,615.50 Merchandise 10,000 3,615.50 Grants 30,000 30,000.00

Equipment 300 - Hire Fees 300 -

Expenditure 126,950 145,826.32

Administration 8,950 22,147.56 Salaries 500 12,000.00 Administration Costs 2,000 7,744.26 Committee 750 73.73 Gaol Headquarters 1,000 1,198.92 Conferences/Seminars 2,000 - Volunteers 2,700 1,130.65

Activities 67,000 87,011.34 Logistics 7,500 16,303.79 Sponsorship 6,327.23 Trains 27,000 37,403.99 Steam Attractions 12,000 15,465.42 Entertainment 10,000 6,830.91 Other Sundry Activities 1,500 680.00 Saturday Evening Juke Box 6,000 4,000.00 Commission 3,000 -

Promotion 42,500 36,667.42 TV 12,000 12,143.00 Radio 6,000 5,080.00 Print Media 4,000 4,789.35 Public Relations 5,000 5,367.99 Design and Print 7,000 4,106.26 Newsletter 1,500 - Merchandise 7,000 5,180.82

Event Development 5,000 -

Equipment 3,500 - Thornycroft Truck 500 - Marshall Portable 1,000 - Sundry Equipment 2,000 - Sundry Restoration Projects -

RESULT Projected $2,500.00 Actual $1,299.98

Page 40 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

Hunter Valley Steamfest (Cont.)

STRATEGIC PLAN FRAMEWORK 2003-2006

Hunter Valley Steamfest has achieved state and national profile because of a number of factors including the dedication and expertise of its volunteer base, Maitland and the Hunter’s proximity to the Sydney market and the fact that our City and Region are genuinely blessed with a significant and cherished steam and rail heritage.

To capitalise on these factors and to further grow the event a comprehensive strategic planning exercise has been facilitated by the Steamfest Advisory Board and Council’s Economic Development and Marketing Division.

This planning process ultimately resulted in the development of a draft Strategic Plan Framework 2003-2006 to guide the continuing growth and economic impact of Steamfest over coming years.

A copy of the Strategic Plan Framework is provided as an attachment (ATTACHMENT 1) to this report.

Strategic Plan Key Focus Areas:

The Strategic Plan Framework addresses three principal focus areas. These are:

1. The Steamfest “Weekend”

A commitment to the traditional Steamfest “weekend” as the core activity of Hunter Valley Steamfest and as the principal enabling strategy in the achievement of Steamfest’s mission.

2. Growing the Event

A resolve to investigate and implement strategies to grow the event and other business activities

3. Resourcing the human face of Steamfest

A recognition of the need to resource, document, provide recognition to and “make work” the contribution and interactions of individuals, volunteers and groups to Hunter Valley Steamfest.

In summary, the proposed approach concentrates on managing the development of Hunter Valley Steamfest as a business activity that currently has significant and potentially even greater economic benefits for the City. Cultural and heritage impacts are also targeted with achievement of an appropriate balance between these imperatives being a major challenge.

An early priority is investigation and ultimately actioning of opportunities to facilitate the development of a Steam Appreciation Society or Association for Maitland / the Hunter. In essence, this Association would take the place of the current informal Page 41 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

Hunter Valley Steamfest (Cont.) volunteer input to Steamfest and would provide a structure for continued contribution of steam enthusiasts to the maintenance and acquisition of steam heritage assets and – through networking with like associations Australia-wide – potentially enhanced access to steam and rail heritage assets during the Steamfest weekend. Importantly, development of a contractual “partnering” arrangement between the Association proposed and Maitland City Council would allow focus by each of the parties on the activities they do best. As noted in the Draft Strategic Plan Framework a report and associated recommendations on this matter will be provided to Council in March 2004.

The third key focus area reflects the importance of input such as that provided by personnel and outside organisations to Steamfest’s success. This input will be recognised and better resourced through the Strategic Plan and will be facilitated by new organisational relationships within the wider “Steamfest” based on a revised operational group structure and meeting schedule to be chaired by Council’s Executive Manager Economic Development and Marketing.

CONCLUSION

Hunter Valley Steamfest is the flagship event of Hunter River Country and is the only event held in the Hunter that can be truly described as having a regional focus.

Over the past few years and because of regional flagship event funding, closer Council involvement and a dedicated volunteer base the event has grown significantly in its profile and impact. The challenge for Council and Hunter Valley Steamfest is to now set a strategic direction that has as its core a strong business focus, effective organisational and networking relationships and an emphasis on tangible community and economic outcomes.

It is in the context of such priorities that the Hunter Valley Steamfest Draft Strategic Plan Framework 2003-2006 has been developed.

FINANCIAL IMPLICATIONS Financial information in relation to this matter is provided in the body of the report.

POLICY IMPLICATIONS There are no policy implications arising from this report.

STATUTORY IMPLICATIONS There are no statutory implications arising from this report.

Page 42 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.1.4 MORPETH JAZZ FESTIVAL

File No: 35/21/4

Responsible Officer: Roger Stephan Executive Manager Economic Development and Marketing

Author: Roger Stephan Executive Manager Economic Development and Marketing

Rachel MacLucas Manager Tourism

EXECUTIVE SUMMARY

The purpose of this report is to update Council on the organisation and conduct of the Morpeth Jazz Festival 2003 and to seek Council’s endorsement of the proposed direction of both the Jazz Festival and potential additional Festivals for the City.

OFFICER'S RECOMMENDATION THAT:

1. Council receive and note the update on the organisation and conduct of the 2003 Morpeth Jazz Festival

2. Council endorse the proposed direction for the Morpeth Jazz Festival 2004 and on

3. A report be presented to a future meeting of Council in regard to additional major event opportunities within and for the City.

REPORT

In 2002 Maitland City Council formally adopted the Morpeth Jazz Festival as a core component in its events based tourism development strategy. In August 2003 a report was presented to Council outlining a range of issues in relation to the Festival and its likely future directions. This report resulted from experience during the Festival 2003 lead-up period and controversy associated with the projected closure (or non-closure) of Swan Street and a range of other matters including funding and sponsorship.

Page 43 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

Morpeth Jazz Festival (Cont.) In November 2003 – with the September Festival now behind us – it is possible to look objectively at the Morpeth experience and, from that observation, to develop a series of proposals in relation to future directions for 2004 and beyond.

Festival 2003 in Overview:

Change of Date

The change of date from the often wet May period to September resulted in the event clashing with the Wagga Wagga Jazz Festival however this did not appear to significantly impact on visitation to the Festival. September was chosen because there was not a major event in Maitland during that month and because it is a traditional downtime for tourism-based business. Unfortunately, it is also often windy and in 2003 strong winds in the exposed setting of Morpeth substantially diminished – especially on Sunday – the amenity of the event. The September timing was, however, well accepted by visitors and feedback from a range of stakeholders including Morpeth business indicates that it should be retained.

Artistic Director

An initiative in 2003 was the appointment of an Artistic Director for the Festival. The Artistic Director was responsible for the sourcing, booking and programming of acts at the Festival within a brief that sought to broaden the range of styles at the Festival to include both the traditional jazz it had been known for as well as other, more contemporary styles. This expanded focus had as its intention the attraction of a younger and more affluent audience that might be somewhat more willing to spend money during the Festival than the traditional, older market that the Festival has enjoyed for fifteen years.

The result was that there was a mixture of styles including traditional, modern, gypsy, Jewish and world influenced jazz. Overall the feedback on the music was positive especially amongst new visitors who had not previously attended Morpeth. The fact remains, however, that a substantial number of repeat visitors with a liking for New Orleans jazz expressed disappointment at a change which in truth aimed at replacing a quantity of music sourced at a relatively low cost with less frequent but higher class musical acts.

Of all the issues associated with the Festival it is the musical and cultural experience – the “look and feel” of the Festival – and its associated impact on market and market spend that is critical. A response to where this look and feel should go is provided later in this report.

Hunter River Country Schools Band Competition

2003 saw the conduct in the Heritage Mall of the inaugural Hunter River Country Schools Band Competition. This initiative proved extremely popular with both participating schools and the wider community and interest is high from schools throughout the State in regard to the Competition in 2004. On the basis of both its public relations benefits and its potential profile as a major occasion in itself the Competition will remain a feature in our events calendar. Page 44 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

Morpeth Jazz Festival (Cont.)

Queen’s Wharf

Queen’s Wharf, along with other sites such as Green Hills and the Maitland Heritage Mall was set up as a venue to facilitate the spread of the event beyond the traditional “street festival” of the past. Originally, Queen’s Wharf had been designed as a space for “alternative” acts and jazz styles that were new to the Festival however, due to high speed winds from early Sunday morning, the venue had to be closed and these acts moved to various other locations including the Swan Street stages and the Commercial Hotel.

Despite its attractive setting, the Queen’s Wharf site was only moderately successful even when it did operate. This can be attributed to a number of factors including the historical mindset of visitors which focused attention on Swan Street, poor signposting and a disinclination by older visitors to walk down the hill to the new venue. These are not insurmountable issues, but they are issues that need to be considered in planning for the Festival 2004.

Road Closures

The closure of Swan Street is a considerable expense and in 2003 amounted (as a bare cost excluding staging, production, etc) to $5,400 in Council costs and $1,735 in security. These expenses would have been significantly higher had volunteer labour not been available for the manning of the barricades throughout the Festival period.

Surveys conducted with Morpeth businesses following the 2003 Festival indicated that a little over 94% of businesses believed it essential that Swan Street be closed during the Festival. Interestingly, however, when asked only 24% indicated that they would be willing to make a contribution towards the cost of this closure. A few others indicated that they might consider a contribution depending on the level of investment required and other matters.

This is a critical issue. The closure of Swan Street is a significant component of Festival costs and brings with it little opportunity for Council to offset such costs through the generation of additional income.

It is the position of this report that the closure of Swan Street is, indeed, central to the look and feel of the Festival. If the Morpeth business community wants it closed, however, it will need to pay for it and such “payment” through sponsorship will be considered a non-negotiable pre-requisite to any future application for road closures in conjunction with a tourism event within Morpeth.

Financial Viability

One of the fundamental problems with the event in its present form is its lack of income generating opportunity. This deficiency relates to its Morpeth street-based setting (and to which entry cannot be charged), the absence of suitable potential paid venues within the village, difficulties associated with entry fees and the mindset of the traditional Jazz Festival visitor who sees the Festival as fundamentally being a free event. Page 45 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

Morpeth Jazz Festival (Cont.)

In 2003 a structured sponsorship program was undertaken which resulted in substantial support ($42,000) being generated by businesses across Maitland. Of this sponsorship, only $10,800 was provided by Morpeth based business with two businesses providing 76.4% of this amount. In one sense this overall sponsorship yield is a creditable performance providing evidence of the willingness of the broader Maitland business community to provide funding for events such as the Festival. It remains true, however, that the principal recipients of benefit from the Festival – the Morpeth business community – remain under-motivated in their desire to assist Council in staging the event or indeed in marketing tourism within Hunter River Country.

The only other real sources of income related to stall fees, limited merchandise sales, shuttle bus donations and car parking. These opportunities were pursued with as much vigour as was possible given the strongly expressed and perhaps understandable opposition of many Swan Street businesses to increased competition. The income generating activities failed, nevertheless, to offset costs and in the context of the Morpeth Jazz Festival will probably always fail to do so because of structural and local issues. Council is in truth here faced with a choice: substantially subsidise the growth of the Morpeth Jazz Festival because of its contribution to the local economy or seek alternative (or allied) opportunities to promote event based tourism as a contributor to local economic development.

WHERE TO FROM HERE

It is not the recommendation of this report that Council cease supporting the Morpeth Jazz Festival. The Jazz Festival is an established and valued component of our region’s events calendar and has a profile and loyal clientele that should be retained and where possible expanded.

A range of options – some of which have previously been foreshadowed to Council – have been investigated to address the marketing and developmental weaknesses of the Festival. These options have included a name change, a move away from Morpeth, an expansion of non-traditional jazz offerings and a focus on integrated “cultural” offerings that focus on expanded wine and food opportunities.

In the end, however, it is the judgement of this report that the established strengths of the Jazz Festival such as the Swan Street setting, its New Orleans jazz, free musical experience and for fifteen years a “community based” feel do not sit well with an event vision that in essence seeks to appeal to a somewhat different, potentially more discriminating but in truth bigger spending market.

It is therefore the recommendation of this report that:

1. The Morpeth Jazz Festival 2004 re-establish its focus as a traditional street-based experience dominated by traditional New Orleans jazz, small roving troupes of performers, a single stage to be funded by Morpeth business and allied “street colour” activities such as stalls and light entertainment. There is a proven market for such an event and, with

Page 46 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

Morpeth Jazz Festival (Cont.) Council’s management expertise, it can be made attractive and financially viable

2. Investigations be carried out into the establishment of a new, Central Maitland based musical and cultural event to target the riverwalk area, paid venues and a younger, more affluent regional and Sydney market identified in 2003 which seeks a broader, less weather exposed but somewhat more culturally challenging experience than Morpeth can provide. At this stage it would seem that November – a quiet month in the events calendar – would be an ideal time to hold this new event.

CONCLUSION

The Morpeth Jazz Festival has established an enviable niche within the regional events calendar that is not to be under-valued. It is the thrust of this report that as an accessible, street based event it can be made work and pay its way. This will especially be the case given the $10,000 in marketing funds to be made available to Council in 2004 under the Regional Flagship Events program. A further report will be provided to Council to report in detail on the proposed major new event in Central Maitland for which it is believed there is a substantial market and considerable sponsorship opportunity within the broader Maitland business market. .

FINANCIAL IMPLICATIONS The August 2003 report to Council foreshadowed that the Morpeth Jazz Festival 2003 would result in a net deficit to Council. An overview of final income and expenditure is provided as below and indicates that expenditure exceeded income by $18,956. To this deficit should be added an amount of $2,750 sourced from Council’s Marketing allocation and which funded, in the main, the Hunter River Country School Bands Competition.

The final income and expenditure figures are as follows:

Ledger Name Total

Income 54,199.99

Administration 2,791.73 Grants 89.73 Trust Transfer 2,702.00

Activities 49,013.25 Sponsorship 42,000.00 Site Fees 7,013.25

Promotion 2,395.01 Merchandise 2,395.01

Expenditure 73,156.37

Page 47 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

Morpeth Jazz Festival (Cont.) Ledger Name Total Administration 6,357.64 Salaries (Artistic Director) 4,135.00 Administration Costs 189.00 Volunteers 125.64 Insurance 1,908.00

Activities 50,267.75 Logistics 13,228.41 Bands and Music 27,401.82 Venue Hire and Production 5,590.91 Schools Competition 450.91 Sponsorship 1,860.25 Security 1,735.45

Promotion 14,130.98 Print Media 4,136.99 Design and Print 4,955.72 Merchandise 5,038.27

Event Development 2,400.00

NET RESULT EXCLUDING SALARIES ($18,956.38)

POLICY IMPLICATIONS The establishment of flagship events within the City is a priority within the adopted tourism strategic framework.

STATUTORY IMPLICATIONS There are no statutory implications arising from this report.

Page 48 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.1.5 ANNUAL REPORT - 2002/03

File No: 35/36/8

Reports Tabled: (2) Annual Report and State of the Environment Report

Responsible Officer: David Evans General Manager

Author: Henry Wilson Group Manager Special Projects

EXECUTIVE SUMMARY This report submits the Annual Report of Council for 2002/03 as required by Section 428 of the Local Government Act 1993.

OFFICER'S RECOMMENDATION THAT the Annual Report for 2002/03, including the State of the Environment Report, be received and noted.

REPORT Section 428 of the Local Government Act 1993 requires Council, within 5 months after the end of each year, to prepare a report as to its achievements with respect to the objectives and performance targets set out in the Management Plan for that year.

The Act also sets out a full list of further particulars that must be addressed in such reports including a comprehensive report as to the State of the Environment in the area.

This report has now been completed and is submitted to Council as required by the Act.

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 This report has been prepared in accordance with Section 428 of the Local Government Act 1993.

Page 49 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.1.6 IMPLEMENTATION OF MANAGEMENT PLAN

File No: 35/33/8

Responsible Officer: David Evans General Manager

Author: Henry Wilson Group Manager Projects

EXECUTIVE SUMMARY This report facilitates compliance with Section 407 of the Local Government Act, 1993, in reporting on the implementation of the adopted 2003/2004 Management Plan.

OFFICER'S RECOMMENDATION THAT the report on the status of Council’s Management Plan for the September Quarter be received and noted.

REPORT In accordance with Section 407 of the Local Government Act, 1993, the General Manager must report to the Council, within 2 months after the end of each quarter, as to the extent to which the performance targets set by the Council’s current Management Plan have been achieved during the quarter.

Accordingly the report covering the quarter ending 30 September 2003 is tabled and copies have been provided to the Councillors.

FINANCIAL IMPLICATIONS This matter has no direct 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 50 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.2 FINANCE AND ADMINISTRATION

10.2.1 PRESENTATION OF AUDITED FINANCIAL REPORTS AND AUDITOR’S REPORTS FOR YEAR ENDED 30 JUNE 2003

File No: 2/10 & 2/8/9

Responsible Officer: Graeme Tolhurst Group Manager Business & Finance

Author: Phil Freeman Manager Accounting Services

EXECUTIVE SUMMARY Section 419 of the Local Government Act, 1993, requires Council to present its audited financial reports, together with the auditor’s reports, to the public.

OFFICER'S RECOMMENDATION THAT the audited financial reports, together with the auditor’s reports, for the year ended 30 June 2003 be presented to the public.

REPORT At the Council meeting of 28 October 2003 the financial reports for the year ended 30 June 2003 were presented to Council.

Council, at that meeting, authorised the Mayor, General Manager, Deputy Mayor and the responsible Accounting Officer to sign the reports. Council also resolved to place the reports on exhibition and to notify the public of the proposal to adopt the 2002/2003 financial reports at this meeting.

The financial reports will be available at Council’s administration building for inspection until 26 November 2003. Written public submissions can be made to Council until 2 December 2003.

FINANCIAL IMPLICATIONS The fee for the audit of the 2002/2003 Financial Reports was covered within Council's Management Plan.

POLICY IMPLICATIONS This report has no policy implications for Council.

Page 51 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

PRESENTATION OF AUDITED FINANCIAL REPORTS FOR YEAR ENDED 30 JUNE 2002 (Cont.)

STATUTORY IMPLICATIONS Council’s financial reports have been compiled under Section 416 of the Local Government Act, 1993. The presentation of the financial reports and auditor’s reports is required under Section 419 of the Local Government Act, 1993.

Page 52 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.2.2 STATEMENT OF INVESTMENTS HELD AS AT 31 OCTOBER 2003

File No: 82/2

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Annette Peel Revenue Accountant

EXECUTIVE SUMMARY The Local Government (Financial Management) Regulation 1993, section 19(3)(b) requires Council to report on its investments.

OFFICER'S RECOMMENDATION THAT the report be received and noted.

REPORT Inv. Institution Int. Date Term Maturity Amount No. Rate Invested (Days) Date $ 971b Macquarie 5.480% 31/08/01 ## When 2,524,958.19 Diversified required Treasury Fund++ 972b Deutsche 6.06% 31/08/01 ## When 2,579,256.85 Cash Plus required Fund++ 1145a Taurus 6.083% 15/10/03 92 15/01/04 1,000,000.00 Funding Pty Ltd 1158 Select Access 5.748% 26/08/03 92 26/11/03 1,000,000.00 Investments Ltd 1159a Savings & 7.710% 12/09/03 91 12/12/03 1,500,000.00 Loans Credit Union 1162 Investec Bank 5.420% 2/09/03 90 1/12/03 500,000.00 Australia Ltd 1163 Savings & 5.150% 2/09/03 64 5/11/03 500,000.00 Loans Credit Union 1164 CBA Shield 5.882% 3/09/03 91 3/12/03 500,000.00 CDO - Alexander

Page 53 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

STATEMENT OF INVESTMENTS HELD AS AT 31 OCTOBER 2003 (Cont.)

1074d Bank of 6.095% 8/08/03 92 8/11/03 1,000,000.00 Queensland 1086e Bank of 6.095% 8/08/03 92 8/11/03 500,000.00 Queensland 1112c The Rock 7.780% 31/10/03 92 31/01/04 500,000.00 Building Society 1113c The Rock 7.780% 31/10/03 92 31/01/04 500,000.00 Building Society 1131b Holiday Coast 8.240% 17/10/03 92 17/01/04 500,000.00 Credit Union 1134a Bendigo Bank 6.490% 19/10/03 183 19/04/04 300,000.00 Ltd 1135 Maitland 5.880% 11/09/03 91 11/12/03 2,000,000.00 Mutual Building Society** 1136 Australian 7.380% 31/10/03 94 2/02/04 1,000,000.00 Central Credit Union Ltd 1137 High Yield 6.295% 29/09/03 101 8/01/04 1,500,000.00 Fixed Interest Securities 1139 Investec Bank 5.190% 7/10/03 30 6/11/03 500,000.00 Australia Ltd 1140 Maitland 5.010% 7/10/03 30 6/11/03 500,000.00 Mutual Building Society 1166 Illawarra 5.010% 31/10/03 27 27/11/03 500,000.00 Mutual Building Society 11am Local 4.650% 24/09/03 When 550,000.00 Government Required Financial Service – 11am ## TOTAL $19,954,215.04 ** Subordinated note – interest rate reviewed on the 11th of each quarter. ++ Investments held by Funds Managers. As investments are managed on a daily basis, interest rates have been calculated on a % per annum. ## These funds are not held on a fixed term. The funds are redeemed as and when required.

Page 54 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

STATEMENT OF INVESTMENTS HELD AS AT 31 OCTOBER 2003 (Cont.) As a Comparison:

Investments held as at the end of last month (i.e. 30/09/03) were $20,209,721.97

Investments held this time last year (i.e. 31/10/02) were $17,738,380.19

All funds invested in accordance with Council’s Investment Policy.

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 The above sums have been invested in accordance with: • Section 625 of the Local Government Act, 1993 • The regulations pertaining to the Local Government Act, 1993 • Council’s Investment Policies.

Page 55 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.2.3 FINANCIAL ASSISTANCE GRANT 2003/2004

File No: 65/9

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Graeme Tolhurst Group Manager Finance & Administration

EXECUTIVE SUMMARY The Management Plan for 2003/04 has a budget amount of $3,230,000 for the amount of Financial Assistance that Council would receive from the Federal Government. Council has been advised that the actual amount for 2003/04 is $3,451,926. The additional $221,926 forms part of the Budget Review for September 2003. In addition the Local Roads Component of the Financial Assistance Grant has been budgeted at $666,250. The actual amount advised to council is $741,429, an increase of $75,179. This is also reported in the September Budget Reviews.

OFFICER’S RECOMMENDATION THAT:

1. Council note the actual Financial Assistance Grant and Local Roads Component for 2003/04.

2. Both adjustments as per the report form part of the Budget Review September 2003.

REPORT In preparing the Management Plan for 2003/04, Maitland City Council sought advice from the NSW Local Government Grants Commission as to its projected grants for 2003/04. The advice from the Grants Commission was to provide the grant as set out below. The calculation for the grant for 2003/04 would not be arrived at until final population and other factors were known in relation to the calculation of the grant.

Council has now been advised of the amounts and it is set out in the table below:

Budget 2003/04 Actual 2003/04 Actual 2002/03 Financial Assistance Grant 3,230,000 3,451,926 3,295,656 Local Roads Components 666,250 741,429 716,866

The increases in the Financial Assistance Grant will be an addition to the Management Plan. The Local Roads Component will be used for other road works with in the city.

Page 56 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

FINANCIAL ASSISTANCE GRANT 2003/2004 (Cont.) FINANCIAL IMPLICATIONS The Financial Assistance Grant and the Local Roads Component adjustment will form part of the September 2003 budget Review.

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 57 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.2.4 QUARTERLY BUDGET REVIEW - SEPTEMBER 2003

File No: 2/8 & 35/55

Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration

Author: Graeme Tolhurst Group Manager Finance & Administration

EXECUTIVE SUMMARY This report reviews Council's Financial position as at 30 September 2003. Council on 10 June 2003 adopted the Management Plan 2003/04. The Management Plan for 2003/04 included the budget, which provided a surplus of $243,826. The projected surplus as at 30 September 2003 is $360,372.

OFFICER'S RECOMMENDATION THAT the variations for the September quarter be approved and form part of the Management Plan 2003/04.

REPORT The quarterly budget review is a requirement under the Local Government (Financial Management) Regulation 1999, Part 2, Clause 7. The adjustments listed below are those items that have been identified by notification by a State or Federal Government Department or have been adopted as a Council resolution. There are some items that have been identified by Council staff as necessary to ensure the ongoing operation of Council.

Listed below are the adjustments to Income & Expenditure as at the 30 September 2003.

Increase in Income $ Total 1 Development Fees 192,000 2 Rezoning Application Fees 8,000 3 Kiosk Rental (Maitland Pool) 1,553 4 Financial Assistance Grant 230,568 5 Local Roads Component of Financial Assistance 78,106 Grant $510,227

Decrease in Income 6 Kiosk Rental - East Maitland Pool 1,300 $1,300

Increase in Expenditure 7 Eckford Reserve Landscaping 20,000

Page 58 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

QUARTERLY BUDGET REVIEW - SEPTEMBER 2003 (Cont.) 8 Commercial Dishwashers 8,500 9 Replace Glass - Kookaburra Korner 3,950 10 Mindaribba Rugby League Contribution 4,000 11 Additional staff - Development Services 200,000 12 REFIT Project - Joint project Newcastle Council, 2,000 Energy Australia, Hunter Water 13 Section 356 Contribution - Legal Costs 1,465 14 Kiosk Rental Costs - East Maitland Pool 5,000 15 Kiosk Upgrades - Both Pools 10,000 16 Vandalism - Council Amenities 18,000 17 Maintenance of City Flags 6,500 18 Office Equipment (Tourism) 1,500 19 Maintenance - Steamfest Equipment 2,500 20 Additional Working Expenses for Visitor Info 11,360 Centre 21 Section 356 Contribution - Harness Racing Club 5,000 22 Computerised Pool Turnstiles 14,500 23 Local Roads - Financial Assistance Grant 78,106 $392,381

The following monies are grants or monies transferred from Restricted Assets for specific projects. It has a 'nil' effect to the projected surplus:

24 Thornton North Section 94 Plan (Economic Development) 140,000 25 Heritage Park Repairs (Funding from Asset Res) 19,490 26 Steamfest 18,550 27 RTA Regional Roads Maintenance 123,000 28 RTA Classified Roads Construction (1,800) 29 RTA Traffic Facilities 29,000 30 RTA National Highway Maintenance 116,500 31 RTA State Road Maintenance 130,600 32 Community Sensory Garden 65,250 33 Safer Community Compact (3,920) 34 RTA Road Safety Programme 12,910 35 RTA REPAIR Programme (10,000) 36 Maitland Park Netball Courts 75,000 37 Community Development & Supp. Exp. Scheme 3,000

NOTES

1 As per Council Resolution in May & Sept 2003 2 As per Council Resolution in May & Sept 2003 3 As per Council Resolution 26/8/03 - 15.6 4 Additional Financial Assistance Grant Funds 5 Additional Financial Assistance Grant Funds - Local Roads 6 As per Council Resolution 26/8/03 - 15.6 7 As per Council Resolution 22/7/03 - 10.3.17 Page 59 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

QUARTERLY BUDGET REVIEW - SEPTEMBER 2003 (Cont.) 8 As per Council Resolution 22/7/03 - 10.3.5 9 As per Council Resolution 23/9/03 - 10.3.5 10 As per Council Resolution 23/9/03 - 10.1.5 11 As per Council Resolution May 2003 - 10.3.2 and 23/9/03 - 10.3.5 12 As per Council Resolution 26/8/03 - 10.3.17 13 For Willoughby & Cowra per Council Resolution 22/7/03 14 As per Council Resolution 26/8/03 - 15.6 15 To bring kiosk facilities up to standard 16 Funds required for the maintenance of amenities buildings that have been subject to vandalism 17 Erection of City Flags 18 Office Equipment - Visitor Information Centre 19 Additional Maintenance - Steamfest Equipment 20 Additional Maintenance - Visitor Information Centre 21 Donation for the Harness Racing Club Council Meeting 28/10/03 22 Increased expenditure for new turnstiles 23 Additional Roads Grant that will be spent on Local Roads - see Item 9 24 As per Extraordinary Council Resolution 12/8/03 25 As per Council Resolution 22/7/03 - 10.3.10 26 Additional Steamfest Grant which will need to be spent on a Steamfest project 27 Additional Grant Funding from the RTA 28 Reduction of RTA Grant funding 29 Additional grant funding from the RTA 30 Additional grant funding from the RTA 31 Additional grant funding from the RTA 32 New Grant Funding 33 Reduction of Grant Funding 34 Additional grant funding from the RTA 35 Reduction of Grant Funding 36 As per Council Resolution 22/7/03 - 10.3.7 37 New Grant Funding

Economic Indicators

News of the first interest rate increase for over 12 months is indicative of the growth, both in the Hunter and Australia wide. The initial one quarter per cent increase will be manageable, but it is the other projected increases that have had an initial impact on the economy. These impacts will be reflected in the second half of the financial year.

Up until the announcement of the interest rate increase, the regional economy remained strong and this strength is still expected to continue. The unknown is how far interest rates will rise and the impact on the economy.

Other indicators such as employment, household consumption and business conditions in the region remain strong.

Page 60 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

QUARTERLY BUDGET REVIEW - SEPTEMBER 2003 (Cont.) The responsible accounting officer believes that the financial position of the Council is satisfactory having regard to the original estimate of income and expenditure and the budget review items that are included within this report.

FINANCIAL IMPLICATIONS These adjustments if adopted by Council will form part of the Management Plan 2003/04.

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

STATUTORY IMPLICATIONS The Budget Review is as per the Local Government (Financial Management) Regulation 1999, Part 2, Item 7.

Page 61 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.3 SERVICE PLANNING AND REGULATION

10.3.1 DEVELOPMENT APPLICATION NO.03-96 FOR EXTENSION OF TRADING HOURS - VALLEY BREWERY

File No: DA 03-96

Attachments: (4) Consent conditions Site Security Management Plan Acoustic Assessment Litter and Waste Management Plan

Location: Lot 5 Ken Tubman Drive Maitland

Responsible Officer: Stephen Punch Manager Approvals and Regulatory

Author: Stephen Punch Manager Approvals and Regulatory

EXECUTIVE SUMMARY Council at is meeting of 9th September, 2003 resolved to grant a “deferred commencement” consent to M.J.Calleija Bulk Haulage Pty Ltd for an extension of trading hours for the Valley Brewery located on Ken Tubman Drive, Maitland . The trading hours are to be:

• 10.00am to 2.00am Monday to Saturday • 10.00am to 10.00pm Sunday • 10.00am to 5.00am Friday and Saturday for a twelve month trial period only

The deferred commencement consent required the applicant to submit a site security management plan, a waste and litter management plan and an acoustic assessment within three (3) months for further consideration by Council before the consent becomes operational.

The required management plans and the acoustic assessment were submitted to Council in early November and have been reviewed by Council staff. The reports have been found to be generally adequate and, if appropriately implemented, should enable the Valley Brewery to commence trading to 5.00am for the twelve month trial period without having significant impacts on the amenity of the immediate area.

The applicant has also requested that Council permit trading to the following extended hours:

• Christmas Eve – 24 December until 5.00am (the following day) on days other than a Sunday and until midnight when it falls on a Sunday

Page 62 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

Extension of Trading Hours - Valley Brewery (Cont.)

• New Years Eve – until 5.00am (the following day) on days other than a Sunday and 2.00am when it falls on a Sunday

• Holy Thursday – Until 5.00am the following day

Until midnight on Sundays that are declared by the Minister for Gaming and Racing to be special events pursuant to Section 24B of the Liquor Act

The Management Plans and Acoustic Report submitted by the applicant are considered adequate and on this basis is appropriate for Council to proceed to the issue of an operational development consent. The additional trading hours as detailed above are considered reasonable with respect to New Year’s Eve and special events only.

OFFICER'S RECOMMENDATION THAT Council issue an operational consent for the extension of trading hours for the Valley Brewery in accordance with the consent conditions provided at Attachment 1.

BACKGROUND Council at is meeting of 9th September, 2003 resolved to grant a “deferred commencement” consent to M.J.Calleija Bulk Haulage Pty Ltd for an extension of trading hours for the Valley Brewery located on Ken Tubman Drive, Maitland . The trading hours are to be:

• 10.00am to 2.00am Monday to Saturday • 10.00am to 10.00pm Sunday • 10.00am to 5.00am Friday and Saturday for a twelve month trial period only

The deferred commencement consent required the applicant to submit a site security management plan, a waste and litter management plan and an acoustic assessment within three (3) months for further consideration by Council before the consent becomes operational.

The management plans and acoustic report were submitted to Council in early November and have been provided for Council’s information as Attachments 2, 3 and 4. These reports have been assessed by Council officers and comments provided below.

ASSESSMENT OF MANAGEMENT PLANS AND ACOUSTIC REPORT

Site Security Management Plan

The Site Security Management Plan (SSMP) comprises an initial report dated 3rd November, 2003 and a supplementary report dated 13th November, 2003. The key elements of the SSMP are:

Page 63 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

Extension of Trading Hours - Valley Brewery (Cont.) • Improvements in the maintenance of external lighting around the building • Security personnel to be trained in both Security Guarding and Responsible Service of Alcohol (RSA) • Security Standing Orders are to be developed by the security provider which will address uniforms for security staff, communications between security personnel, orderly access and egress from the premises, emergency evacuation, crowd control, street and car park controls, trading restrictions on takeaway sales, incident reporting, equipment maintenance and fault reporting, supervision at nearby public transport points, restricting patron access times, and restrictions on the takeaway of glass containers. • Improved level of service by public transport providers (confirmed by Maitland Taxi Service) • Restriction of access to service areas at rear of premises • Services of security personnel to be retained for a minimum of half an hour past closing time. • Maintenance of existing security camera system

The Site Security Management Plan (see attachment 2) has been assessed by Council’s Community Safety Officer who is satisfied that the security management strategy as proposed is adequate but recommends that the Security Standing Orders be provided for Council’s information prior to the actual commencement of 5.00am trading. Actual 5.00am trading will not be permitted to occur until the building modifications as recommended by the acoustic consultant have been completed. The applicant has indicated that these works should be completed by 22nd December and therefore there is sufficient time for the Security Standing Orders to be finalised and provided to Council prior to this date. It is also considered reasonable that the applicant provide a copy of the revised “House Policy” in light of the longer trading hours prior to commencement of 5.00am trading.

The Site Security Management Plan will need to be reviewed at the conclusion of the twelve month trial period if the proprietors of the Valley Brewery wish to lodge a further development application to pursue 5.00am trading on a permanent basis.

Acoustic Assessment

The Acoustic Assessment (AA) (refer to attachment 3) recorded noise emissions from the Valley Brewery at No.24 Charles Street and recognises that existing entertainment noise levels from the operation of the Valley Brewery exceed the criteria set by the Liquor Administration Board. The acoustic consultant has undertaken a review of the Valley Brewery premises and has concluded that a significant amount of sound loss is through the ceiling. As such the report recommends that a new ceiling be installed below the existing ceiling as a means of reducing night-time noise emissions to a level not exceeding 35dB.

In the event that entertainment noise levels still exceed the Liquor Administration Board Criteria the noise limiter built into the club’s sound system can be adjusted to further reduce noise source emissions to achieve the criteria of 35dB.

Page 64 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

Extension of Trading Hours - Valley Brewery (Cont.) The club owners are arranging for the new ceiling to be installed in the club premises in early December and it is anticipated that this work will be completed by 22nd December. The extension of trading hours should not occur until such time as the ceiling installation is completed.

Waste and Litter Management Plan

The Litter and Waste Management Plan (LWMP) submitted to Council identifies the volume and composition of the waste generated from the operation of the Valley Brewery (eg. Glass, cardboard, plastics and general rubbish) and takes into account the additional waste that might be generated as a result of the extended trading hours. The LWMP is provided as Attachment 4 and details how and where this waste is to be stored and outlines the collection arrangements for this waste. Other key elements of the LWMP are:

Provision of numerous garbage receptacles throughout the premises Constant ‘housekeeping’ during trading hours where the “glassies” remove glasses for washing and bottles from within the premises for disposal into the correct waste bins A reduction of drinks served in glass vessels after 9.00pm Prevention by security personnel of patrons leaving the premises with glass drinking vessels and drinks (only small sales of takeaways to recognised patrons) Litter control around nearby streets and Uniting Church carpark opposite through a staff roster system during trading hours and a final litter patrol after closing of the venue by 1 staff member and 1 security guard At minimum a pre-opening litter inspection will be carried out on Friday, Saturday and Sunday mornings during setup of the business Regular review of the LWMP to provide for adjustments to management practices where warranted to ensure the best possible results for litter control.

The LWMP has been reviewed by Councils Manager Environmental Programs and found to be adequate.

HOURS OF OPERATION

The Valley Brewery have requested that the extended trading hours also be applied to cover certain public holiday periods and special events as follows:

• Christmas Eve – 24 December until 5.00am (the following day) on days other than a Sunday and until midnight when it falls on a Sunday

• New Years Eve – until 5.00am (the following day) on days other than a Sunday and 2.00am when it falls on a Sunday

• Holy Thursday – Until 5.00am the following day

• Until midnight on Sundays that are declared by the Minister for Gaming and Racing to be special events pursuant to Section 24B of the Liquor Act

Page 65 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

Extension of Trading Hours - Valley Brewery (Cont.) It is considered that the carry-over trading of the premises to 5.00am on Christmas morning and Good Friday might not be in the best interests of maintaining the amenity of the area and that trading to 2.00am as permitted by the existing hours of operation is more than reasonable on these days. 5.00am carry-over trading on New Years Day and other special event days is considered reasonable.

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 the assessment of the subject application were addressed in detail in the initial report provided to Council on 9th September, 2003. The acoustic assessment provided recommends certain ameliorative measures to ensure that noise emissions from the Valley Brewery comply with the noise criteria required under the relevant Liquor Administration Board license.

CONCLUSION The Site Security Management Plan, Waste and Litter Management Plan and the Acoustic Assessment have been reviewed and found to be adequate.

5.00am trading of the Valley Brewery should however not commence until the applicant has completed the installation of the additional ceiling to the first floor entertainment area and has submitted the revised Security Standing Orders and House Policy to the Council for information.

Page 66 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.3.2 AMENDMENTS TO DEVELOPMENT CONTROL PLAN 34 MAITLAND CONSERVATION AND DESIGN GUIDELINES

File No: 103/80

Attachments: (1) Proposed Amendments to Development Control Plan 34 Maitland Conservation and Design Guidelines

Responsible Officer: Stephen Punch Manager Approvals & Regulatory

Author: Clare James Heritage Officer

EXECUTIVE SUMMARY The purpose of this report is to present draft amendments to Development Control Plan 34 Maitland Conservation and Design Guidelines (DCP 34) to Council in order to draw all relevant development control policies relating to the Morpeth township into the one document. The proposed amendments will result in the repeal of Development Control Plan 14 Morpeth (DCP 14).

The proposed amendments primarily relate to the improved integration of recommendations made in the 2000 Morpeth Management Plan into DCP 34. A small number of amendments to Morpeth Management Plan policies have been made where they have been found to require further clarification or review. The changes are identified in a table included in this report.

The proposed amendments aim to ensure that the intent and objectives of the Morpeth Management Plan are practically and clearly incorporated into a formal legislative framework. The amendments have been made in accordance with project 6 of the Morpeth Management Plan which relates to the amendment of the Maitland Local Environmental Plan 1993 and existing Council DCP's to incorporate updated policy guidelines.

In addition, changes to setback requirements for new development within heritage conservation areas across the Local Government Area and a small number of minor corrections and amendments to other existing policies are proposed. These changes are also summarised in the table provided.

Those sections of Development Control Plan 34 which have been amended have been provided as a separate attachment.

Page 67 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

AMENDMENTS TO DEVELOPMENT CONTROL PLAN 34 MAITLAND CONSERVATION AND DESIGN GUIDELINES (Cont.)

OFFICER'S RECOMMENDATION THAT:

1. Council resolve to exhibit the draft Development Control Plan 34 amendments for a period of twenty eight (28) days in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000.

2. A notice regarding the exhibition of the draft Development Control Plan amendments be displayed in the community noticeboard in Swan Street, Morpeth.

3. Council consider a further report on the draft amendments to the Development Control Plan after the exhibition period.

4. Council resolve to repeal Development Control Plan No 14 – Morpeth and give public notice of the repeal of this DCP in accordance with the provisions of the Environmental Planning and Assessment Act, 1979.

BACKGROUND The Development Control Plan 34, Maitland Conservation and Design Guidelines was adopted by Council in June 2000 and aims to provide guidelines for the management, maintenance and conservation of heritage items and places.

When originally adopted by Council, Development Control Plan 34 (DCP 34) included the majority of policies contained in the Morpeth Management Plan (also adopted by Council in 2000), however as a result of applying the policies over the past three years, the need for a revision was identified in order to make it a more accessible and workable document. Development Control Plan 14 Morpeth (DCP 14) has also found to be redundant as a result of the far greater policy detail provided in the Morpeth Management Plan and Development Control Plan 34, and is no longer relevant.

In addition, since the completion of the Morpeth Management Plan and DCP 34, the pressure for new, high density or dual occupancy development has increased in Morpeth, and stronger, more specific policies were required to guide new development of this nature. The layout of the policies within DCP 34 has also been improved.

REPORT The following summary identifies those policies which have been amended or significantly re-worded from the existing DCP 34 so as to clarify their intent. The summary includes minor amendments to other sections of the Development Control Plan which relate to other areas within the LGA

Page 68 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

AMENDMENTS TO DEVELOPMENT CONTROL PLAN 34 MAITLAND CONSERVATION AND DESIGN GUIDELINES (Cont.) Summary of Proposed Amendments to Development Control Plan 34

Section Existing DCP policies Proposed changes

Morpeth Conservation Policies 2.10.1 Demolition 2.10.1 Retention of buildings Additional information is provided constructed prior to 1949. including a map showing pre 1949 buildings; exemptions for some small sheds and garages are identified; Development Application requirements are identified. New Residential Descriptions of appropriate New policy stating that garage openings Development 2.10.2 building styles; appropriate should not form part of the main street scale of buildings; use of roof elevation of a building; expansion on areas. likely changes required for project homes; dormer windows not to front primary street elevations. Alterations and Use of attic spaces; scale of Location of skylights or dormer windows Additions additions; style of additions; on rear elevations unless reinstating 2.10.3 setbacks and verandah original openings; retention of authentic additions. single fronted verandahs. Setbacks 2.10.4 Setting of buildings in relation to Change from 7m to 6m setback for pre 1949 buildings; standard major through and cross streets; 5m front setback requirements for setback requirement for all garages, new buildings in all streets; side carports and sheds; specific setback requirements. requirements for Close Street. New Development in Location of verandahs and No changes the Business Zone additions; form and scale of and Carparking new additions and buildings, 2.10.5 parking requirements; no expansion of existing business zones. Dual Occupancies Maintaining the detached house Dual occupancy development and medium Density as the principal residential form considered if not located on main Housing 2.10.6 in Morpeth; dual occupancies through or cross streets; if, where not considered appropriate in applicable, the dual occupancy includes Morpeth, however the Morpeth an existing residence fronting a main Management provided limited street; where the total site coverage is opportunity for this type of no more than 40 % of the site area. development in the minor streets such as Close and Princess and described suitable forms. Fences 2.10.7 Retention of significant existing Additional detail provided regarding fencing; new front, side and fencing styles rear fencing Garages, Carports Siting of garages; general style More detailed siting requirements for and Sheds 2.10.8 requirements garages, carports and sheds; size limitations and material guidelines; addition of habitable or storage areas above garages not considered appropriate where attic windows are visible from the street. Subdivisions and Limiting subdivisions to Preference for Torrens Title subdivision Amalgamations allotments only where no new over dual occupancy or medium density 2.10.9 sandstone kerb crossings are development for the purposes of single

Page 69 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

AMENDMENTS TO DEVELOPMENT CONTROL PLAN 34 MAITLAND CONSERVATION AND DESIGN GUIDELINES (Cont.) required. Suitable frontage detached residences; areas considered dimensions. suitable for subdivision; requirements for subdivision to include a development application for new construction. Non Residential uses Identification of non residential No changes in Residential Zones, structures in residential areas Industrial Zone suitable for non residential 2.10.10 uses. Maintaining existing industrial zonings, and avoiding tourist uses in these areas.

Views and Rural Identification and preservation A map identifying view corridors is surrounds 2.10.11 of views from within the provided in the amended DCP. township through to rural surrounds; and the identification and preservation of views towards the township from approach roads. Carparking 2.10.12 Retention of land fronting Close No change. Street at rear of Swan Street premises for service access and carparking; commercial development carparking requirements. Development Development applications for Additional detail provided regarding Application new buildings accompanied by application requirements for new Information an assessment of the sites buildings. Requirements context. 2.10.13 Bolwarra Conservation Policies 2.13 Bolwarra What to Avoid: Medium Density Typographical error corrected to read Conservation Policies development and detached What to Avoid: Medium Density dual occupancies which are development and detached dual appropriate because of their occupancies which are inappropriate scale, design, size of allotment because of their scale, design, size of etc allotment etc Lorn Conservation Policies 2.16 Lorn What to Keep: Lorn’s Proposed new policy stating that attic Conservation Policies predominantly single storey space can be accommodated in the street frontage. Roof existing roof space where there is no conversions should be located substantial change to the existing roof to the rear of the existing form and where new openings are not house. located on the street elevation. Siting, Setback and Orientation 3.2 Siting, Setback New additional policies Where the wall of an existing residential and Orientation proposed for alterations and building in a Conservation Area is additions to existing dwellings located less than 900mm of a side boundary, additions may be permitted to be constructed at the same setback as the principal building only where: - they are small in scale and no greater than 20% of the existing building floor

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AMENDMENTS TO DEVELOPMENT CONTROL PLAN 34 MAITLAND CONSERVATION AND DESIGN GUIDELINES (Cont.) area; - the addition is constructed in accordance with the Building Code of Australia including requirements; relating to fire safety, structural stability and termite resistance; - there is no overhang of any part of the addition over the adjoining property; - there are no significant impacts on solar access to the adjoining property; - access for maintenance of the side wall of the addition can be provided wholly within the property boundaries.

Garages, Carports and Sheds 3.14 Garages, Garages should preferably be Include carports and sheds in this Carports and Sheds located at the rear or set well policy. back at the side of a building or behind the rear wall of the building. Delete this policy The pitch of a double garage roof should be lower than that of the main building. Change to read: ‘The pitch of a garage The pitch of a single garage or carport roof should in most cases be roof should in most cases be comparable or slightly lower than that of comparable or slightly lower the main building – generally 25-30 than that of the main building – degrees generally 25-30 degrees

Demolition 2.10.1

The Morpeth Management Plan recommended against the demolition of buildings constructed prior to 1949. A map has been prepared showing the location of these buildings which will form part of the Development Control Plan. The map will be available at Maitland City Council for viewing by customers and staff. Its size restricts the ability for it to be included in the booklet format of the DCP.

The proposed amendments also outline information requirements for any proposal to demolish a building.

Dual Occupancies and Medium Density Housing 2.10.6

The proposed amendments expand upon the objective of the Morpeth Management Plan to limit the number of new dual occupancies in the township. The amendments state that this form of development will be considered on lots where new development will not front the main through or cross streets, and where the total site coverage is no more than 40% of the total site area. The amendments also propose that dual occupancies must include as one of the residences, the existing building on the site (where applicable).

Page 71 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

AMENDMENTS TO DEVELOPMENT CONTROL PLAN 34 MAITLAND CONSERVATION AND DESIGN GUIDELINES (Cont.) The objective of this policy is to maintain the detached house as the principal residential form in Morpeth, and to maintain the basic development and subdivision pattern of Morpeth.

Garages Carports and Sheds 2.14

The Morpeth Management Plan recommended only that garages and carports should be located to the rear of sites. Council receives a significant number of applications for new carports and garages, so it was considered necessary to provide additional guidelines for their erection.

Differentiation has been found between single and double carports as to acceptable locations in relation to the principal dwelling, and additional guidelines are provided as to suitable construction materials.

Non Residential Uses in Residential Zones 2.10.10

Those residentially zoned buildings identified in the Morpeth Management Plan as being suitable for non residential uses have been specifically identified in the proposed DCP amendments.

The DCP makes provision for these buildings to be used for non residential purposes providing the structure and its heritage value are maintained, and there are no additional negative impacts on the immediate neighbourhood.

Views and Rural Surrounds 2.10.11

The DCP recognises significant views to and from the town along approach roads, and views within the town to rural surrounds, as identified in a plan prepared as part of the Morpeth Management Plan.

The formal identification and protection of these views will assist in protecting the historic and aesthetic relationship between the town and the rural surrounds. It is interesting to note that during the extensive community consultation process in the preparation of the Morpeth Management Plan, these views were particularly valued by workshop participants.

Development Application Information Requirements 2.10.13

The proposed amendments outline standard information requirements for development applications to Council. The amount of information required relates to the type and scale of new developments, and relative potential impacts on the character of the township.

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

Page 72 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

AMENDMENTS TO DEVELOPMENT CONTROL PLAN 34 MAITLAND CONSERVATION AND DESIGN GUIDELINES (Cont.) POLICY IMPLICATIONS The proposed amendments seek to formalise and refine recommendations made in the Morpeth Management Plan as a new policy for Council in respect to development issues for the Morpeth township. It is proposed to repeal Development Control Plan 14 following the adoption of the amended DCP 34.

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

Page 73 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.3.3 AMENDMENT TO DCP 8 - CENTRAL MAITLAND - SHOP TOP HOUSING

File No: 103/4/10

Attachments: (2) DCP No. 8 – Central Maitland Flyer to owners of High Street properties

Responsible Officer: Stephen Punch Manager Approvals and Regulatory

Author: Tanya Gurieff Senior Town Planner - Major Projects

EXECUTIVE SUMMARY At its meeting held on the 11th March 2003, Council resolved to amend Development Control Plan No. 8 – Central Maitland to include requirements and incentives for shop top housing in Central Maitland.

The DCP was placed on public exhibition for a period of 28 days from 28th August 2003 until 24th September 2003. No submissions were received in response to the notification period. During this time, the draft DCP was circulated amongst Council staff and issues relating to the Building Code of Australia and Shop Top Housing were raised. These issues have been included in the DCP to further clarify Council’s requirements for shop top housing.

The purpose of this report is to consider the amendments made to DCP No. 8 and seek a resolution from the Council in relation to approval of the draft DCP.

OFFICER'S RECOMMENDATION THAT:

1. Pursuant to Clause 21(1) of the Regulation, Council resolve to amend Development Control Plan No. 8 – Central Maitland as exhibited subject to the minor amendments outlined in this report; and,

2 Council give public notice of the adoption of the Development Control Plan in the newspaper in accordance with Clause 21(2) of the Regulation.

REPORT On 22 March 2003, Council resolved to:

1. To prepare a draft amendment to Development Control Plan No. 8 – Central Maitland to incorporate shop top housing and place the draft DCP on public exhibition for a period of 28 days:

2. Council advise the owners of High Street properties of Council initiatives;

Page 74 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

AMENDMENT TO DCP 8 - CENTRAL MAITLAND SHOP TOP HOUSING (Cont.)

3. A further report shall be submitted to Council at the completion of the exhibition period for Council to consider any submissions and to determine whether to adopt the draft development control plan in its exhibited form.

Subsequently, DCP No. 8 – Central Maitland was amended to include the following Development Guidelines:

• Car Parking • Design Considerations • Section 94 Contributions • Building Legislation • Flooding • Rating Relief • Accessible Living

In accordance with Section 72 of the Environmental Planning and Assessment Act 1979 and Clause 18 of the Regulation 2000, the draft amendments to Development Control Plan No. 8 – Central Maitland were placed on public exhibition for twenty- eight (28) days from 28th August 2003 to 24th September 2003.

No submissions were received from the public in response to the exhibition of the draft amendments to the DCP.

The draft DCP was circulated amongst Council officers during the exhibition period. As a result, Council officers have recommended that Council include additional information and requirements in the DCP to meet design considerations and to comply with the Building Code of Australia. The amendments include disabled access and facilities, access to car parking, privacy, noise and solar access for adjoining residential development and garbage collection services and access for tradespersons and furniture removalists. These changes have been included in the final draft of the DCP as reproduced in Attachment 1 to this report.

In accordance with Council’s resolution, a flyer will be included in the December issue of the Central Maitland Business District Newsletter which is circulated to the owners of High Street properties. This flyer is reproduced as Attachment 2 to this report and details Council’s incentives for Shop Top Housing and landscaping works along the Hunter River.

ADOPTION OF THE DRAFT DEVELOPMENT CONTROL PLAN

In accordance with Clause 21 of the Regulations to the Environmental Planning and Assessment Act, Council, after exhibiting the draft DCP can make alterations to the plan. A public notice must subsequently be given of its approval and the development control plan comes into effect on the date specified in the public notice.

It is therefore recommended that Council approve the draft DCP with the minor alterations outlined above and give public notice in the Maitland Mercury of its adoption.

Page 75 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

AMENDMENT TO DCP 8 - CENTRAL MAITLAND SHOP TOP HOUSING (Cont.) FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.

POLICY IMPLICATIONS Upon adoption, the amended DCP will become a matter for consideration under Section 79C(1)(a) of the Environmental Planning and Assessment Act 1979, in assessment of each development application.

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

CONCLUSION At its meeting of the 11th March 2003, Council resolved to prepare and exhibit amendments to the existing Development Control Plan (DCP) No 8 – Central Maitland.

The DCP provides guidelines for development on the land generally described as Central Maitland, including the localities of Horseshoe Bend and South Maitland.

The proposed changes include the incorporation of specific provisions within the DCP dealing with Shop Top Housing. Shop top housing can help to revitalise Central Maitland by bringing residents back into the commercial heart of the City. The adoption of the amendments to DCP No. 8 can encourage such developments by providing an outline of overall requirements and incentives for this type of housing in Central Maitland.

Page 76 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.3.4 DCP 44 - ON-SITE SEWAGE MANAGEMENT SYSTEMS

File No: 152/1

Responsible Officer: Stephen Punch Manager Approvals & Regulatory

Author: Scott McGufficke Senior Health & Building Surveyor

EXECUTIVE SUMMARY At the Council meeting held on 26th August 2003, Council resolved to publicly notify and exhibit the Draft Maitland City Council Development Control Plan Number 44 – On-Site Sewage Management Systems to incorporate controls and requirements for the installation and operation on on-site sewage management facilities.

Council received no submissions in relation to this matter and should now adopt the DCP without amendment.

OFFICER'S RECOMMENDATION THAT Council adopt DCP 44 – On-Site Sewage Management Systems

REPORT Council’s adopted Sewage Management Strategy, 2003 provides for the following specific “Strategic Actions”: • To educate landholders, system operators, users and service providers on the management of sewage and wastewater, • To consult with the community on the development and implementation of future strategies to improve on-site sewage management performance, and • To co-operate with applicants to develop site-specific sewage management plans which resolve identified problems.

The DCP goes some way to assist in achieving the above actions by providing the following objectives:

• The prevention of the spread of disease by micro-organisms.

• The prevention of the spread of foul odours.

• The prevention of contamination of water.

• The prevention of degradation of soil and vegetation.

• The implementation of measures to discourage insects and vermin.

Page 77 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

DCP 44 - On-site Sewage Management Systems (Cont.) • To ensure that persons do not come into contact with untreated sewage or effluent (whether partially treated or not) in their ordinary activities on the premises concerned.

• To encourage the re-use of resources (including nutrients, organic matter and water).

• To minimise any adverse impacts on the amenity of the land on which it is installed or constructed and other land in the vicinity of that land.

Council is also aware that in recent years there has been an increasing concern with the cumulative environmental impacts, and local public health risks that may be associated with on-site sewage management systems. On-site sewage management systems often fail due to the inability of the site to cope with effluent absorption due to impermeable clay soils, overloading of the systems with large volumes of wastewater, inappropriate design and lack of proper maintenance.

Where connection to a reticulated sewage system is not practical, installation of an on-site sewage management system is often the only acceptable alternative.

It is recognised however that not all sites have natural characteristics suitable for on- site disposal of effluent. Excessive slope, flood potential, high ground water and other features may be considered as site limitations when undertaking a site report. In these cases, the site may need to be improved, or an alternative system employed (Section 3.9 of the DCP elaborates upon these points).

Council should acknowledge that the development of land for residential purposes in areas not serviced with reticulated sewerage could present potential environmental and public health risks as a result of inadequate on-site disposal of effluent.

The major aims of the DCP are therefore to:

• Protect the health of people within the Maitland City Council local government area through proper on site effluent disposal and • Protect the natural environment from excessive impacts from on site effluent disposal.

The DCP contains five (5) sections identifying requirements for on site sewage management in unsewered areas within the Maitland LGA.

Section 1 – The ADVISORY section provides information on the preparation of the plan.

This section is used to identify when and how the plan applies.

Section 2 – The PERFORMANCE CRITERIA section provides the minimum standards to which an onsite sewage management system must be installed and be required to operate.

Page 78 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

DCP 44 - On-site Sewage Management Systems (Cont.) Section 3 – The SYSTEM SELECTION section identifies current on-site disposal methods, sizing and design requirements of systems in unsewered areas.

This section is used to familiarise applicants with technologies available for the disposal of effluent and design requirements for systems and disposal areas.

Section 4 – The SITE AND SOIL INVESTIGATION section establishes site-specific requirements.

This section is used to determine what design criteria is applicable to the land to enable persons to apply to Council to install and operate an on-site sewage management system.

Section 5 – The INSTALLATION, OPERATION and MAINTENANCE section details specific requirements about approved On Site Sewage Management systems.

This section is used to make applicants and operators aware of Council’s general requirements once an approval to install and operate an on-site sewage management system has been granted.

The Appendices – provide additional information regarding sewage management systems and approvals including Council’s audit requirements.

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 79 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.3.5 LANDSCAPE MASTERPLAN FOR THE QUEENS WHARF PRECINCT, MORPETH

File No: 96/14

Attachments: Landscape Masterplan for the Queens Wharf Precinct, Morpeth

Responsible Officer: Peter Cameron Manager City Strategy

Author: Clare James Heritage Officer

EXECUTIVE SUMMARY Following the public exhibition of the draft Landscape Master Plan for the Queens Wharf Precinct, a final plan has now been prepared and is recommended for adoption by Council.

The landscape design and initiatives identified in the plan were well received by the community, and where necessary changes have been made as a result of the public exhibition. The plan provides a guide for the development and future use of the area with a focus on passive recreational activities which complement existing uses, but which also highlight and enhance the natural and historical attributes of the precinct.

A copy of Public Submissions is provided to Councillors under separate cover.

OFFICER'S RECOMMENDATION THAT The Landscape Masterplan for the Queens Wharf precinct be adopted by Council as the general basis for the future development and improvement of the precinct subject to further detailed design of individual components.

REPORT The Draft Landscape Master Plan was placed on public exhibition from September 4th to October 4th 2003. Copies of the plan were provided to those parties who had previously provided comment on the project prior to its commencement, and other relevant community groups. The Community noticeboard, the Council Administration building, Maitland City Library and the Morpeth Museum were also used as venues for the plan’s exhibition. Government Departments including the Department of Infrastructure Planning and Natural Resources, the Waterways Authority and the NSW Heritage Office have also provided comment on the plan. A detailed introduction to the objectives and content of the Landscape Master Plan was provided in a report to Council in August 2003. This report address issues which were raised during the public exhibition and provides comment on the likely stages of implementation in a works program.

Page 80 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

LANDSCAPE MASTERPLAN FOR THE QUEENS WHARF PRECINCT, MORPETH (Cont.) Issues arising from the Landscape Master Plan public exhibition

Boat Trailer Parking The need to ensure that sufficient boat trailer parking is provided in close proximity to the boat ramp was raised, while not impinging on the passive riverside walkway areas. The number of parking spaces has been increased from 12 to 16 with additional spaces likely to be created through the detailed design of the parking areas.

Vehicular Parking Areas A number of submissions raised concerns with the location of a Stage 2 parking area on Tank Street due to visual impacts, and suggested that this parking be relocated to Steamer Street. As a result, Council has removed this parking area. The northern side of Steamer Street had been considered previously, however it was investigated further and it was found that there was scope for some minor remodelling of the embankment to allow for 15 additional carparking spaces. In addition, the area for additional overflow parking in the western area of the site has been increased.

Access through Queens Wharf to Swan Street residences Vehicular access through Queens Wharf for Swan Street residences was raised in a number of submissions requesting that this vehicular access not be restricted. It has been established that there are no legal rights of way through the park area, with the (unformed) road reservation of Tank Street providing the legal access point. As Tank Street has never been constructed, and there is no intention to do so, a plan of Management prepared for the precinct would be the appropriate means to address access arrangements.

Initial consideration of this matter by Council officers would suggest that this is likely to be on the basis of access being provided in special circumstances, subject to prior arrangement with Council. It is necessary for Council to take into consideration liability issues of vehicular traffic travelling through passive picnic areas.

Interpretation Public submissions were strongly supportive of the historic interpretation of the precinct including interpretative signage, walking trails, lookout areas and the preservation of the railway corridor. As recommended in the Archaeological Management Plan, the site is considered to have state significance and is worthy of listing on the NSW State Heritage Register. It is proposed to lodge a nomination for this listing with the NSW Heritage Office.

Plan of Management As noted above, it will be necessary to develop a Plan of Management in accordance with relevant legislation. This Plan, as with other similar plans prepared for Council owned land, will have a legal status and will formally recognise the Landscape Master Plan, along with the identification of management strategies for the future care and control of the site.

It will be the responsibility of Council to prepare this Plan of Management following the adoption of this Master Plan.

Page 81 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

LANDSCAPE MASTERPLAN FOR THE QUEENS WHARF PRECINCT, MORPETH (Cont.) Flood Issues The Department of Infrastructure Planning and Natural Resources provided comment on the draft plan and indicated that flood modelling would be required for the proposed riverside riparian plantings. Subsequent discussions with flood engineers would suggest that if the new planting will be largely replacing existing noxious vegetation, the impact on flood flows is likely to be negligible. Further confirmation of this will be provided following the preparation of a detailed planting schedule.

Use of the area for performances Queens Wharf is a useful area for the staging of performances. Specific comment was received with regard to this function from the Maitland Visitors Centre. It was commented that the shade plantings proposed for the picnic areas may obstruct views towards performance areas near the riverside, and also that a raised performance mound would be beneficial near the boatramp and jetty area. The project team considered this request but felt that that the benefits associated with the shade plantings are high and that the amenity of the area should not be compromised by a raised platform which would be used infrequently. The necessity for plantings was identified in a number of submissions at the commencement of the project planning. The use of mobile stages was considered to be a viable alternative to the construction of a mound which would compromise the high usage area near the riverbank.

Materials for car parking A preference for grassblock and seeded carparking surfaces was expressed over sealed or gravelled surfaces. These options have been considered in the development of a Master Plan and will be addressed at the construction design stage of the project.

Relationship to the Morpeth Management Plan

The plan satisfies the criteria identified for Project 4 of the Morpeth Management Plan which required a Plan to: Protect and enhance the natural environment of the riverside Protect and interpret heritage including archaeological sites Provide parking for users of the boat ramp Provide a long term standing area for tourist coaches Provide parking for visitors to Morpeth Provide a park with picnic facilities with connection to the riverside walk Provide a footpath and steps to Swan Street

The matters of considering a long term option for removal of the boat ramp and the reopening of Steamer Street west fall out of the scope of this project.

Staging and Implementation Responses received during the exhibition of the plan strongly supported the acquisition of land to the west of the existing Council holdings to assist in the management of archaeological sites and to provide for additional land for overflow parking and facilities. It is Councils intention to proceed with negotiations and the purchase of lots in private ownership, and crown land along the northern edge of the precinct. Page 82 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

LANDSCAPE MASTERPLAN FOR THE QUEENS WHARF PRECINCT, MORPETH (Cont.)

However, it in the short term, the implementation of works will be restricted to land currently owned by Council, with future works undertaken further to the resolution of ownership issues, and as funds permit.

The project team has considered the overall scope of works required for Stage One implementation and nominated the following elements as being realistically achievable within a reasonable budget and timeframe. Careful consideration was also given to those projects which are a priority in terms of developing the precinct as a destination, and which are linked to the recent boatramp and jetty improvements.

It should be noted that these Stage One works would be subject to further detailed design and costings.

Riparian tree planting and removal of noxious vegetation (An application is to be lodged for a Greencorp team to undertake these works in 2004); Advanced shade tree planting within the picnic areas; The erection of new shelters and seating; Construction of an interpretative pathway connecting the boatramp and jetty to interpretative signage stations and the toilet facilities; Parking to the west of the existing toilet block including the provision of a disabled parking space; Installation of interpretation signage.

The nominated Stage Two works include: construction of the stairs down from Tank Street; construction of pathway access from Swan Street and completing the routes commenced in Stage One; Additional shelters; Gateway construction at the former railway platform site; Additional parking and roadworks at Steamer Street.

CONCLUSION The development of a landscape Master Plan for the Queens Wharf precinct responds to its high level of State heritage significance being the location of the first wharf and store in the town in the 1830’s, and becoming the major river port for the Hunter Valley to the 1860’s.

In addition, the site provides one of very few public access points to the Hunter River. and has the potential to be developed as a highly scenic and popular picnic destination for residents and visitors to Morpeth.

The proposed landscape works satisfy the requirements identified in the Morpeth Management Plan and have been developed in close consultation with the Morpeth community. The development of the site in accordance with the Master Plan would be considered to be of great benefit to both the local and wider community.

Page 83 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

LANDSCAPE MASTERPLAN FOR THE QUEENS WHARF PRECINCT, MORPETH (Cont.) FINANCIAL IMPLICATIONS A separate report in this agenda outlines an option for the funding of Stage One works at the Queens Wharf site.

The interpretative components of the project will be partly funded through a $20 000 grant from the NSW Heritage Office, a portion of which was allocated to undertake stabilisation works for remaining riverside relics at Queens Wharf.

The proposed works have not been costed at this stage. However, due to the nature of the proposals, it is possible that Council may allocate funding incrementally, as funding becomes available in successive management plans for the staged implementation of the Plan.

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 84 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.3.6 BUDGET INITIATIVES - MORPETH

File No: 103/32

Attachments: (1) Submission from Morpeth Village Forum

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Peter Cameron Manager City Strategy

EXECUTIVE SUMMARY In determining budget initiatives for 2003/4, Council resolved to include a $40,000 allocation to projects arising from the Morpeth Management Plan. However, no decision has been made as to which projects in the Management Plan to prioritise.

The purpose of this report is to describe possible options for expenditure of the $40,000, including comments from the Morpeth Village Forum and previous considerations of funding priorities by the Morpeth Steering Group.

The options presented in this report are also discussed in the context of current initiatives by Council in Morpeth, most notably the development of a Landscape Master Plan for the Queens Wharf area, which is the subject of a separate report to this meeting.

In conclusion, it is recommended that Council focus on the initial implementation of the Queens Wharf Master Plan, which is one of the key projects in the Morpeth Management Plan. Initial implementation works are proposed to include new shelters, parking, pathways and landscaping works in the existing publicly owned area to the east of the boat ramp.

OFFICER'S RECOMMENDATION THAT.

Expenditure of the $40,000 identified in Council’s 2003/4 Management Plan for Morpeth Management Plan projects, be used for initial implementation works arising from the Queens Wharf Master Plan.

REPORT Council has allocated $40,000 towards projects in the Morpeth Management Plan in 2003/4. The following report provides the basis for Council’s assessment of priorities as to how to spend that funding.

Page 85 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

Budget Initiatives - Morpeth (Cont.) BACKGROUND The Morpeth Management Plan details 12 projects for Morpeth, ranging from traffic management to Museum Planning. In summary, they are:

Project 1: Traffic calming and safety and related matters Project 2: Picnic areas, tree planting and parks Project 3: Acquisition of land and detailed survey of riverside and Queen’s Wharf Project 4: Queens Wharf Investigations and planning Project 5: Riverside open space – investigations and planning Project 6: Amend LEP and DCP Project 7: Advisory documents for owners and applicants Project 8: Visitor and amenity management Project 9: Streetscape – footpaths, road shoulders, street furniture and advertising signs Project 10: Care of heritage buildings Project 11: Interpretation of history and heritage Project 12: Museum planning and exhibits

During the preparation of Council’s 2003/4 Management Plan, the Morpeth Steering Group considered the priorities for funding in Morpeth. In summary the Group recommended that the following priorities be considered by Council:

1. Project 11 Interpretation of history and heritage (Stage 1) $27,000 2. Project 11 (Stage 2) $20,000 3. Project 3 Detailed land survey of the riverside at Morpeth & commence riverside investigations (Project 5) $31,000 4. Project 7 Advisory documents for owners and applicants $21,000 5. Landscape Plan – Illalaung Park, Morpeth $10,000

Total $109,000

The Morpeth Village Forum, which provides the community representatives on the Morpeth Steering Group, has also suggested options for expenditure of the $40,000 for Council’s consideration (20/09/03). In no particular order of importance, they are:

• “Additional picnic tables at Morpeth Common • The construction of a low bridge across the boggy area of the Common, which could be a possible Work For the Dole Project • Replacement of the entry signs to the town as were in existence in the 1990’s • Sign on the new toilet block at Queens park which would include both directional and heritage information • An assessment of the paving/safety issues of the sandstone flagstones in Swan Street • Completion of the museum • 3-D/Sculptural signs, which would include authentic items of heritage significance to Morpeth, with the possibility of a competition being hosted by Council for entries/suggestions/designs for same.”

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Budget Initiatives - Morpeth (Cont.)

Discussion - Funding Options 2003/4

As shown in the discussion of options in the background to this report, there are a large number of possible initiatives for funding by Council in Morpeth in the 2003/4 financial year. These include the projects in the Morpeth Management Plan, which remain for implementation by Council.

It is not possible to explore all of these options for the purpose of this report. However, all of the options remain for the consideration of Council and could be reported in more detail, should the Council so wish.

Since the adoption of the Morpeth Management Plan in May 2000, Council has:

a) Undertaken substantial traffic improvement works (Project 1); b) Commenced the preparation of a street tree plan (Project 2); c) Undertaken a survey of Queens Wharf and commenced with acquisition (Project 3); d) Prepared and exhibited a draft Master Plan for Queens Wharf (Project 4); e) Amended DCP 34 Conservation and Design Guidelines in relation to Morpeth (Project 6); and f) Prepared a streetscape plan and undertaken stage 1 implementation works (Project 9)

Most recently, in 2002/3, Council has focused on the preparation of a Landscape Master Plan for the future of the Queens wharf area, due to the importance of the area to Morpeth and to the City as a whole and the need for a coordinated plan prior to any works taking place. The Plan has been developed by Council in close consultation with the local community at Morpeth and would appear to have broad community support.

Council may therefore wish to proceed with the implementation of the Queens Wharf plan, as detailed in a separate report to this meeting. The recommended actions for initial implementation would be:

1. Additional shelters for public use (including disabled access) 2. Parking adjacent to the boat ramp; 3. Pathways from the parking area to the riverside; and 4. Landscaping along the riverside, including advanced plantings in specified locations to promote the establishment of shade trees.

A more detailed plan of works would need to prepared for these initiatives. However, the presentation of the Queens Wharf Plan to Council provides an opportunity for expenditure within the current financial year, which would complement the construction of the boat ramp and provide improved access to the riverside for residents and visitors.

In addition, the initial implementation works would complement and provide access to proposed interpretation works, which will be constructed at Queens Wharf using a

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Budget Initiatives - Morpeth (Cont.) $20,000 grant from the NSW Heritage Office, in recognition of its historical significance.

Conclusion

The Morpeth Village Forum and Morpeth Steering Group have suggested a wide variety of projects as potential funding priorities in Morpeth, including some which relate to projects in the Morpeth Management Plan. The options are summarised in this report and could be reported in more detail, should the Council so wish.

It is recommended that Council retain a focus on the adopted Morpeth Management Plan because the priorities in the Management Plan are based on an overall assessment of issues and opportunities in Morpeth and the Plan was developed in close consultation with the Morpeth community. Council has had success in the implementation of the Plan to date, with support from the community and input from the Morpeth Steering Group.

The report on the Queens Wharf Landscape Master Plan with this agenda is the culmination of many months of investigation and consultation. As a result, there is an opportunity for Council to focus expenditure of the $40,000 on the initial stage of implementation of the Master Plan.

It is therefore recommended that Council allocate the $40,000 in 2003/4 for initial implementation works ate Queens Wharf, as detailed in this report an din the separate report to Council regarding Queens Wharf with this agenda.

FINANCIAL IMPLICATIONS The Morpeth Management Plan project is a 2003/4 Councillor approved budget initiative and is covered within Council’s current Management Plan.

POLICY IMPLICATIONS All of the projects detailed in this report are consistent with the Morpeth Management Plan, which was adopted by Council in 2000. There are therefore no expected policy implications arising from this matter.

STATUTORY IMPLICATIONS There are no direct statutory implications arising from this report. Further reports may be necessary to detail the implications of the specific expenditure priority or priorities determined by Council.

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10.3.7 REVIEW OF MAITLAND URBAN SETTLEMENT STRATEGY 2003

File No: 103/77

Responsible Officer: Peter Cameron Manager City Strategy

Author: Monica Gibson Strategic Town Planner

EXECUTIVE SUMMARY The first draft review of the Maitland Urban Settlement Strategy (MUSS) has been undertaken and is presented to Councillors with this report. The biennial review has included an assessment of the supply and demand for residential, rural residential, commercial and industrial land and on-going development opportunities in the Maitland LGA.

It is expected that high demand for residential land in the Maitland LGA will continue as a result of regional limitations in the supply of new developable land, and the availability and affordability of the Maitland area in comparison to other metropolitan locations.

Revised investigation areas have been identified, with priority to be given to areas where the lowest supplies of vacant land occur and significant opportunities exist, including Thornton North, Gillieston Heights and Aberglasslyn. Category 1 investigation areas have been identified in five separate locations in addition to existing areas of zoned residential land and it is proposed that Council will pro- actively facilitate investigations as a priority in these Category 1 areas. The implementation of the Thornton North Master Plan will remain a high priority and it is proposed to commence preliminary investigations at Farley.

In total, the Category 1 investigation areas in the draft revised strategy are expected to provide in excess of 7 years’ supply of residential land in addition to approximately 6-8 years supply, which remains in vacant zoned residential areas. The draft revised strategy therefore provides ample opportunity for new residential development in the short to medium term and will be reviewed every two years.

Additional areas have been identified for rural residential investigations based on the planning criteria established in the Settlement Strategy and the long-term pattern of growth in the City. Two Investigation Areas have also been identified for future employment generating land uses on account of the extent of recent industrial development, in accordance with Councils Draft Industrial Land Study.

It is proposed that the draft revised Settlement Strategy be exhibited for an eight week period including opportunities for input from the development and employment industries, government authorities and the wider community. A further report will be presented to Council at the conclusion of the exhibition period, presenting all submissions and the revised Strategy for consideration.

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REVIEW OF MAITLAND URBAN SETTLEMENT STRATEGY 2003 (Cont.) OFFICER'S RECOMMENDATION THAT:

1. The draft Maitland Urban Settlement Strategy be placed on public exhibition for eight (8) weeks.

2. A further report be presented to Council following the completion of the exhibition period.

3. Council notify the Department of Infrastructure Planning and Natural Resources that it will be seeking endorsement of the revised strategy following exhibition and adoption by Council.

INTRODUCTION On 20 August 2001, Council adopted the Maitland Urban Settlement Strategy 2001- 2021 (MUSS), with the resolution to review the Strategy every two years. To commence the first biennial review of the MUSS, submissions were sought from interested people and the general community in July 2003.

In total 30 submissions were received, which have been provided separately for the information of Councillors with this report. These submissions are discussed briefly in this report and will be considered in greater detail with other submissions received during the proposed exhibition period.

Nine of the submissions specifically address future land use opportunities for the Royal Newcastle Aero Club (RNAC) land at Rutherford, and this issue is discussed further in this report. The range of sites and issues raised in the submissions have been considered and addressed by Council’s City Strategy Division in preparing the draft revised MUSS.

The purpose of this report is to explain the nature of the proposed revisions to the MUSS and recommend that the revised Strategy be placed on public exhibition. It is not considered necessary to modify the intent or objectives of the MUSS, and the review is therefore limited to the identification of land for investigation for urban purposes in conjunction with changes to supply and demand in recent times.

BACKGROUND On a broader regional basis, there are limited opportunities for residential growth in the Lower Hunter. The preparation of the draft Thornton – Killingworth Sub-Regional Conservation and Development Strategy, by the Department of Infrastructure, Planning and Natural Resources in 2003 supports the identification of the Thornton North area for residential development. Only one other major residential investigation area is nominated in the sub-region and the Draft Strategy recognises that the majority of settlement will occur in areas outside the Thornton – Killingworth corridor. The changing regional context has been addressed in the review of the MUSS.

In the lead-up to the preparation of the MUSS, population growth for Maitland between 1996 and 2001 was 1.5% pa, which was the second highest growth rate in

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REVIEW OF MAITLAND URBAN SETTLEMENT STRATEGY 2003 (Cont.) the Lower Hunter behind the coastal LGA of Port Stephens (2% pa). At the time the MUSS was prepared and adopted by Council there were large parcels of vacant, zoned residential land in several locations throughout the local government area, and relatively slow rates of take-up in many locations.

Since the adoption of this Strategy, there has been a sustained increase in residential development in the Lower Hunter, with a strong focus on the residential areas of the Maitland LGA. The rate of population growth in the Maitland LGA has increased to almost 3% pa in the last two years. This is largely the result of higher than expected numbers of new dwelling constructions throughout the City, with the following graph showing the increase in constructions that has occurred since 2000. The trendline indicates a continual increase in dwelling constructions independent of the cyclical trends in the housing market.

900 800 700 600 500 400 300 200 100 0

no. of dwelling constructions: 2(a) zone 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 est

The rate of increase in housing demand has been monitored by the City Strategy Division and is described in this review of the MUSS. Enquiries regarding future urban development have become more frequent, and the initiation of preliminary planning assessment for a number of the identified Investigation Areas has commenced.

A draft Master Plan has been produced for the Thornton North area and the preparation of a Master Plan for Gillieston Heights is currently underway. Land at West Lochinvar and East Maitland has been rezoned in accordance with the Settlement Strategy. The Draft Industrial Land Study has been prepared since the adoption of the MUSS and the outcomes and recommendations of this study have been incorporated into the draft revised Strategy.

FORECASTING POPULATION GROWTH It is inherently difficult to predict the extent and characteristics of future population growth, due to the number of variables to be considered. Nevertheless, a broad understanding of local and regional forces affecting population growth and the Page 91 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

REVIEW OF MAITLAND URBAN SETTLEMENT STRATEGY 2003 (Cont.) availability of land for residential development do provide a basis for determining the likely population growth for an area.

Despite the variability of the market for residential land, a continuing trend towards increased growth in the Maitland LGA is expected. Considering issues such as regional residential land supplies, employment opportunities, together with a review of Council’s dwelling constructions over recent years and the trend for increasing population growth, it is estimated that the Maitland population will increase at a rate of 2.5% pa.

This rate of growth is significantly higher than that forecast by local and state government agencies in 2001 and recognises the status of regional land supplies and the steady upwards trend in residential development in the Maitland LGA, irrespective of market cycles. At a 2.5% pa growth rate, the population of Maitland at the next census in 2006 would be approximately 61,000 residents and would require the construction of 566 new dwellings each year.

RESIDENTIAL LAND A review of residential supply and demand has been undertaken as part of the current review of the MUSS. In summary, it is proposed to continue the approach in the adopted Settlement Strategy, which determines the likely number of year’s supply and rate of consumption of residential land across the Maitland LGA and in each of the districts to account for the predicted increase in population growth.

However, there are some minor changes to the methodology used. Where the 2001 Strategy considered the average number of hectares developed per year based on lot registrations, the draft revised strategy considers dwelling constructions in conjunction with the creation of new lots to better capture changing trends in residential development in the Maitland LGA. A review of all vacant and undeveloped residential land has also been undertaken to consider development constraints and to provide a more accurate estimate of lot yields from the existing zoned land.

These factors have been considered in conjunction with the forecast population growth to better determine the rate of demand and the levels of supply within the six districts of the MUSS. Discussion of the supply methodology used in the MUSS can be referred to in Section 4.1.3 of the Strategy.

The 2001 Strategy proposed a 15 year maximum supply of residential land in each District based on a five-year historical trend. The 15 year maximum included a buffer to account for factors such as slow take-up and constraints with the aim of providing sufficient land stocks and the capacity for timely investigations by Council, together with opportunities for community consultation.

In the 2003 review, with the amended methodology and improved analysis of constraints, Council is better able to predict on-going supply levels, with allowance for increased population growth, and it is therefore proposed to use a 10-year supply buffer, with flexibility if necessary (e.g. if there is evidence of zoned land being

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REVIEW OF MAITLAND URBAN SETTLEMENT STRATEGY 2003 (Cont.) withheld from the market). This will not have any bearing on the timing of investigations in Category 1 areas, as described in this report.

The opportunities for residential development for each district are discussed below with further, more detailed analysis in the draft Strategy.

Eastern District – Thornton

This district is historically one of the areas of greatest demand for residential living. However, vacant zoned residential land in the Eastern District is limited to the final stages of Somerset Park, which represents less than 150 new lots. The creation of new residential lots in Thornton has been high (greater than 100 lots/ yr) since 1998, with the peak in dwelling constructions in this district occurring in 2002 (177 new dwellings), and a similar number estimated for construction in 2003.

Beyond the completion of the Somerset Park development, opportunities for new residential land in the Eastern District are restricted to the Thornton North area. Other land within the district is more highly constrained by flooding, sensitive vegetation (including SEPP 14 wetlands), conflicting land uses (agricultural and industrial) and the boundaries of the Maitland LGA. Land in neighbouring LGA’s adjoining the Eastern District is generally constrained by physical limitations similar to those in the District, or is identified for future industrial and/ or commercial uses.

The draft Thornton North Masterplan has been publicly exhibited and considers the area bounded by McFarlanes Lane, the existing residential areas of Thornton and the floodplain as an Investigation Area for urban purposes. Limitations to residential development in this location include existing land uses, servicing and infrastructure provision (including upgrades to the local and regional traffic network), native vegetation, visual impacts and flooding. It is proposed in the draft Masterplan that development of the Thornton North area would provide approximately 3,600 residential allotments and house 9,500 residents.

The Thornton – Killingworth Sub-Regional Conservation and Development Strategy prepared by the Department of Infrastructure, Planning and Natural Resources in 2003 supports the identification of the Thornton North area for residential development. Therefore, there is regional significance associated with the planning and development in this area.

When Council formally adopts the masterplan for the Thornton North area, the category and staging of investigations in this area will be finalised. However, based on the recommendations of the draft Masterplan, it is proposed to identify the Thornton North study area as a priority residential investigation area, noting that detailed investigations should only commence in accordance with the Masterplan and Council’s adopted position on the Thornton North area. At present, the draft Masterplan indicates that the area could accommodate development on more than one front, but highlights limitations such as the need for an interchange at Weakleys Drive as a key consideration.

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REVIEW OF MAITLAND URBAN SETTLEMENT STRATEGY 2003 (Cont.) Southern District – Gillieston Heights

A small area of vacant, zoned residential land in the Southern District is located to the north of the village of Gillieston Heights. Take-up of lots in this area has been slow and infrequent, and it is therefore difficult to determine supply and demand trends for this area. The Southern District does however have potential as a residential growth precinct within the Central Maitland sector. Benefits from urban development in this location may include improved viability of the Maitland CBD and services from the Central Maitland area.

Infrastructure to service the Gillieston Heights area is available along with proximity to services such as a local primary school, bus routes, recreation facilities and other community activities. Recent liaison with the development industry suggests an active interest in the investigation of the current Investigation Area and it is proposed to retain the current Category 1 status.

A masterplan will be necessary to plan for the development of this area. No extension of the boundaries for the Gillieston Heights Investigation Area are recommended at this stage, as the development and take-up rates for this area remain uncertain. It is, however, proposed to nominate all the land identified for residential investigation with the highest status of Category 1. This will more strongly enforce the need to consider the entire parcel in a Masterplan and co-ordinate servicing and development. The sequencing of development in this district remains important, with the focus on development in northern areas first to encourage more direct linkages to Central Maitland services and facilities.

Western District – Rutherford & Aberglasslyn

The Western District has experienced some of the largest increases in residential demand in the City over the last few years with an 88% increase in dwelling construction in the district from 2000 to 2002, and a further 20% increase predicted in 2003. New lot registrations are also climbing, with more than 50% of lot registrations in Maitland in 2003 likely to occur in the Western District.

As a consequence, many of the vacant zoned land holdings in 2001 are currently subject to subdivision works and/or application for subdivision. Approvals have been granted for an additional 360 new lots in the Western District in the last two years, increasing the number of lots approved for construction in Rutherford/ Aberglasslyn to more than 1,000.

It is proposed to expand on current investigation areas and/or re-categorise these areas in the review of the Strategy. The large Investigation Area to the north-east of Aberglasslyn is now proposed as a Category 1 Investigation Area and the investigation area has been expanded to include additional Category 2 lands along Oakhampton and Kezia Roads. It is proposed that Council pro-actively facilitate investigations in this area by coordinating a meeting of landowners in the near future.

Investigation of the West Rutherford Investigation Area has been delayed, pending resolution of issues from the adjoining aerodrome. However, this issue has now been satisfactorily resolved, with very little implication for the West Rutherford Page 94 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

REVIEW OF MAITLAND URBAN SETTLEMENT STRATEGY 2003 (Cont.) Investigation Area. It is therefore proposed to change the categorisation of this area to Category 1, and to continue investigations.

Council has received a submission regarding a proposed mixed use development to the south of Anambah House, including residential, tourism and recreational uses. This proposal has been considered in conjunction with the above investigation areas and a similar proposal for amendment to Maitland LEP 1993 to incorporate residential development in the existing Rutherford Golf Course.

In conclusion, it has been determined that a significant portion of the Anambah site is subject to aircraft noise and, although Council has determined that site specific studies could be done over part of this area, the site is generally less suited to urban development. It has therefore not been included as an investigation area in the draft revised strategy.

Southeastern District – Ashtonfield, East Maitland and Metford

This district covers a large area with several development fronts. Dwelling construction rates between 1999-2003 average approximately 150 new homes each year, with a peak of 227 new houses constructed in 2002. New land release stages of Shamrock Hill, Ashton Grove, Melaleuca Ponds and Rathluba Estate have generated significant supplies of residential lots. However, dwelling constructions have outstripped the supply of new lots in 2001 and 2002.

The development of existing zoned, residential land in the Southeastern District is therefore rapidly reaching its limits in the Ashtonfield and East Maitland areas. Some development may however continue in Metford for 2- 5 years, with the final timeframes dependant upon the staging of land releases.

East Maitland and Ashtonfield are strongly restricted by natural and man-made constraints and Council will need to consider that development will ultimately be confined by the ability to identify new areas for investigation. Metford, too, is bound by floodplain, vegetation and transport corridors (road and rail) that restrict the identification of land for residential expansion.

The draft Thornton – Killingworth strategy does however identify the potential for planning investigations to commence for brownfield mining sites to the south and southeast of Ashtonfield, and Council is seeking to be involved as a key government authority in any such investigations, given the proximity of these areas to the Maitland LGA.

Studies by Council and the State government have identified the vegetation in this area as regionally significant and of very high conservation significance as part of regional flora and fauna corridors. Any decision by Council to investigate areas to the south of Four Mile Creek should therefore be made in the context of regional planning, which will include consideration of regional conservation priorities.

The one existing Investigation Area in the Southeastern district is at South Ashtonfield on land associated with the Bloomfield Colliery, at the junction of Four Mile Dve and the New England Hwy. This land has also been identified in Council’s Page 95 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

REVIEW OF MAITLAND URBAN SETTLEMENT STRATEGY 2003 (Cont.) Industrial Land Study and in the draft Thornton – Killingworth Sub-Regional Strategy as having potential as an employment generating area. Existing land uses in the locality would support an industrial land use (i.e. proximity to coal washery, rail loop, New England Highway and F3 Freeway). However, the site need not be considered exclusively for industrial development.

It is therefore recommended that the current Category 1 status remain for the East Ashtonfield Investigation Area, noting that this categorisation does not preclude industrial or residential land uses. Although proposed in a submission to Council, no change is recommended to the size of the Investigation Area with the boundaries determined based on localised flooding from Four Mile Creek and the extent of cleared areas of vegetation.

Northern District – Bolwarra and Largs

The MUSS 2001 noted that there was a large supply of vacant, residential zoned land in the Bolwarra/ Largs District with limited take-up in the period leading up to the preparation of the strategy. Since that time, a significant increase in residential development has occurred, resulting in a reduced supply of developable residential land. In addition, there are constraints affecting some vacant zoned sites (including flooding and native vegetation) that limit the identification of additional land for residential investigation in the Northern District. Servicing and heritage issues apply especially to land at the northern edge of Bolwarra Heights.

It is proposed to increase the categorisation of the current Category 2 Investigation Area (old Hunter Water Corporation site) at Bolwarra to Category 1 and to adjust the investigation area boundaries to coincide with the estimated 1% flood event. However, aside from this area, there are limited options for future residential land in the northern district as a result of natural constraints.

There is also increasing evidence of traffic congestion at Belmore Rd and a need to consider proposals for new residential land in the Northern District, in the context of the proposed third river crossing by the RTA. Council will continue to consult with the RTA regarding long-term growth options, which may arise as a consequence of the proposed third river crossing of the Hunter River.

Raworth/ Morpeth District

In a similar manner to the increased take-up rates in the Northern District, the Raworth and Morpeth area has been the focus of significantly higher development rates in recent times. However, substantial areas of zoned residential land remain undeveloped in this location and there is very little scope to extend the boundaries of the current 2(a) Residential zone.

Urban consolidation of larger lots in the Raworth area may be possible if this locality is connected to a reticulated sewer network. Discussions with the Hunter Water Corporation are continuing on this matter. Nevertheless, there are no investigation areas proposed for the Raworth/ Morpeth District.

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REVIEW OF MAITLAND URBAN SETTLEMENT STRATEGY 2003 (Cont.) Lochinvar District

A Preliminary Investigation Area was identified at South Lochinvar in the 2001 Settlement Strategy. Following recent State Government announcements regarding the connection of sewerage infrastructure to the Lochinvar area, the Lochinvar area has been included as a Category 2 investigations area, recognising that it is more distant from major service centres than other investigation areas in Rutherford and Aberglasslyn.

SUMMARY OF RESIDENTIAL SUPPLY AND DEMAND

The number and size of Category 1 Investigation Areas in the draft revised strategy indicates an on-going willingness by Council to facilitate investigations on a number of fronts throughout the City. It is clear, however, that residential land will become more scarce in the foreseeable future in the eastern areas of the Maitland LGA and that the implementation of the Thornton North Masterplan should be given top priority as a response to the declining stocks of residential land in this area.

Declining residential land supplies in the areas of highest historical demand coupled with development lead-in times in these areas are likely to shift the demand for residential development from the Eastern and Southeastern Districts to the Southern, Northern and Western Districts. The identification and prioritisation of residential investigations in these areas is therefore important to maintain the availability of land supplies and to support continuing investment and growth in the Maitland LGA.

The identification of large parcels of land for residential investigation across the City is consistent with regional planning studies, including the draft Thornton – Killingworth Sub-Regional Conservation and Development Strategy, which notes the importance of the Maitland growth corridor and the limited opportunities for new residential development that will exist nearer to the Cities of Newcastle and Lake Macquarie.

RURAL RESIDENTIAL LAND In recent times, rural residential development has followed a similar trend to that experienced in the residential market. An increase in dwelling constructions in locations zoned 1(c) Rural Small Holdings has occurred between 2000 and 2002, as detailed in the following figure.

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REVIEW OF MAITLAND URBAN SETTLEMENT STRATEGY 2003 (Cont.)

70 60 50 40 30 20 10 0 no. of dwelling constructions: 1(c) zone 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002

The total amount of vacant, zoned rural residential land in Maitland in 2002 represented a potential yield of 206 new lots and based on dwelling construction rates for the last five years, this would represent approximately five years supply of rural residential development.

A number of Rural Residential Investigation Areas were identified in the MUSS including sites at Louth Park, West Lochinvar, East Maitland, Greta and Windella Downs. Council has rezoned land in the Rural Residential West Lochinvar and East Maitland Investigation Areas since the adoption of the MUSS in 2001.

It is proposed to identify additional Investigation Areas where land suitability and planning criteria can be met and to dispense with the proposed 10% quota in the 2001 strategy. Rural residential development should not necessarily constitute 10% of the total number of residential lots and needs to be carefully assessed to ensure that it is the highest and best form of land use for the long-term growth of the City. This is especially important in the current climate of high demand for urban land and the subsequent reduction in housing affordability.

The new rural residential investigation areas are proposed at Maitland Vale, Kezia Road (Oakhampton) and Largs North. These sites are located in close proximity to existing rural residential or residential areas, but are considered to be at or near the limit of urban development in these localities.

Two sites are also identified at Windella Downs following definition of the extent of the noise constraint surrounding Rutherford Aerodrome. It is proposed to re- categorise the northern Windella Investigation Areas as a Preferred area, and to continue investigations in the Southern Windella investigation area, subject to satisfactory outcomes from site specific noise investigations.

Land between Paterson and Dunmore Roads at Largs and at Maitland Vale to the south of Mount Harris has also been identified as preferred Rural Residential Investigation Areas, given the reduced supply of rural residential land in the Northern District. In both cases, there are a range of issues identified for resolution during investigations. However, the parcels are considered suitable for investigation for lower density residential and/or rural residential development.

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REVIEW OF MAITLAND URBAN SETTLEMENT STRATEGY 2003 (Cont.)

Some submissions suggest the inclusion of minor areas adjacent to existing urban zones, which can potentially be considered by Council under the existing and proposed strategy as infill development.

Other submissions request the inclusion of larger sites for rural residential development, including lands at Ashtonfield (Shamrock Hill), Lochinvar (Luskintyre Rd), Gillieston Hts and Farley. However, these areas have not been included in the draft revised Strategy because they are inconsistent with the expected settlement pattern of the City and are subject to one or more significant constraints.

At Ashtonfield, a rural residential investigation area has been proposed at Shamrock Hill, which would extend residential development to the south of Four Mile Creek for the first time into an area of bushland, which is described as having regional significance. This area, including the existing mining lands surrounding Bloomfield and Donaldson Collieries is to be the subject of regional planning in the near future and the suitability of the proposed rural residential area will be considered in a wider context at that time. It is therefore not proposed to include this area for investigation in the draft revised Settlement Strategy.

It is likely that Council will receive numerous requests to include lands in various parts of the City for rural residential investigation and it is therefore proposed to consider the merits of all proposed areas, including those listed above, during the exhibition process. This is consistent with the merits based approach, which is proposed to determine rural residential investigation areas in all subsequent strategy reviews.

PRELIMINARY INVESTIGATION AREAS Farley

The opportunities identified in Council’s draft Rural Strategy have been considered in the draft revised Settlement Strategy. In particular, Council has considered the development of the conservation living concept at Farley in the context of increased demand for residential development in the City.

As noted in the Draft Rural Strategy, the Farley area represents a significant development opportunity for rural residential and/or residential development, provided some key issues are addressed. The area is in close proximity to existing urban services and the Farley wastewater Treatment Facility, meaning that can be economically serviced with reticulated sewer.

There are, however, some significant issues, which remain to be addressed prior to any new development in the area, including the relationship of any new development with significant areas of bushland and the best form of ownership and long-term management of those areas.

It is therefore proposed to include the Farley area as a Preliminary Investigation Area in the draft revised Settlement Strategy, recognising that the extent and type of development and the conservation of bushland needs to be determined in

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REVIEW OF MAITLAND URBAN SETTLEMENT STRATEGY 2003 (Cont.) consultation with the community as a first step. It is proposed that Council facilitate the commencement of these investigations in early 2004.

Anambah

Given the projected growth of the City, it is appropriate that the Strategy look beyond a 15- year horizon to provide general directions for planning in the longer term. This should not be taken as an indication that Council will consider specific proposals in locations identified for long term growth in the short to medium term. However, it will allow all parties concerned to plan in a more coordinated manner and the status of areas identified for longer-term growth can be reviewed on a regular basis, with the review of the MUSS.

A submission has been received regarding future land use options at Anambah, to the west of Anambah Rd. This area contains approximately 430 hectares of relatively unconstrained land with potential as a major long-term growth corridor for the City. It is therefore important that the future of the area is not compromised by incompatible development in the short-term, such as rural smallholdings.

It is proposed to identify the Anambah area as a Preliminary Investigation Area to flag its potential capacity for development in the long-term and enable Council and other service providers to consider the future of the area in long-term planning.

Council should commence consultation with key government agencies in the short- term, to bring to their attention the need for coordinated long-term planning for the Anambah area.

INDUSTRIAL LAND Two sites are identified in the draft Maitland Industrial Land Study for investigation for industrial development. Although current supplies of vacant and under-utilised industrial land appear to be relatively high, especially in the Rutherford locality, the consumption of large parcels can quickly limit land supplies. As an example, the National Ceramics Tile factory will occupy 16 ha of industrial land.

The proposed Rutherford Industrial Investigation Area extends west from the existing Industrial Estate parallel with the New England Highway and also north across the highway on part of the land owned by the Royal Newcastle Aero Club (RNAC). Council has received several submissions requesting that the portion of the Aero Club land identified for possible industrial land uses should be preserved for future residential use. The RNAC have given no indication of ceasing their operations and whilst ever they remain a residential land use will not be compatible with the operation of an aerodrome.

Considerations in the proposed industrial investigation areas will include the supply and demand for industrial land, natural and man made constraints, existing land use activities including adjoining land, and the optimum use of the site. Issues such as the visual impact of industrial development entering Maitland, conservation of native vegetation, cumulative impact of industrial developments and the supply of industrial

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REVIEW OF MAITLAND URBAN SETTLEMENT STRATEGY 2003 (Cont.) land will all be considered by Council prior to any land use change. These issues have been highlighted for consideration in the draft revised MUSS.

East Ashtonfield is the other investigation area with potential for industrial use. Issues relating to this holding have been previously discussed in this report in the Southeastern District section.

The following table outlines the current supplies of industrial land in the LGA, together with the potential investigation areas. Estimations of the likely timeframe of supply of industrial land are very difficult to determine and are dependent on market trends and the individual requirements of specific industrial activities.

Existing Industrial zone Vacant area (July 2001) Thornton Industrial Estate 58 ha Rutherford Industrial Estate 152 ha

Proposed Investigation Site Area Area Thornton / Ashtonfield 73 ha Rutherford 220 ha

COMMERCIAL LAND

Since the adoption of the MUSS in 2001 a number of commercial developments and re-developments have occurred. The Greenhills Shopping Centre has been re- developed since the adoption of the Strategy, to provide 55,000m2 of gross leasable floor area, 80 specialty shops and a food court. Further stages of development of this regional shopping centre may also include bulky good retailing and a cinema complex.

In the west of the City, the Rutherford commercial area has been approved for re- development to incorporate 6,000m2 of new retail floorspace, including a new supermarket and discount department store. Bulky goods retail has also been approved in the west of the City with a gross floor area of approximately 20,000m2 that is likely to attract a trade area extending to Muswellbrook, Singleton, Dungog and Cessnock.

There has, however been little change to the supply of commercial land and the City’s retail and commercial hierarchy. Minor changes have been made in the current revision of the strategy to more accurately reflect Council’s DCP No. 39- Retail and Commercial Policy.

PUBLIC EXHIBITION It is recommended that the revised draft Settlement Strategy be placed on public exhibition for an eight-week period to allow sufficient time to incorporate consultation with a wide variety of interest groups, including the development industry,

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REVIEW OF MAITLAND URBAN SETTLEMENT STRATEGY 2003 (Cont.) government authorities, landowners and the wider community and to allow for the Christmas period.

The government agencies consulted will include the Department of Infrastructure Planning & Natural Resources, which is the primary state agency responsible for land use planning in NSW. The Department has previously given limited endorsement to the Settlement Strategy due to uncertainties surrounding the Thornton North area. However, the Thornton North Master Plan has now been developed and will be finalised in the near future. The preparation of the Master Plan has included detailed consultation with relevant state agencies and is consistent with the draft Thornton – Killingworth Conservation and Development Strategy. It provides a clear direction for future development in the Thornton North area.

It is therefore anticipated that the Department will be in a position to endorse the revised strategy and it is recommended that Council notify the Department that their endorsement will be sought the exhibition and adoption of the revised strategy by Council.

As with other exhibitions, the draft revised strategy will be on display at Council offices and at the Maitland Library. Council’s website will be used to circulate the revised Strategy and hard copies will be available for purchase at Council’s Administration Building.

Following the exhibition period, a report will be presented to Council considering all submissions on the revised Strategy.

CONCLUSION The draft revised Settlement Strategy is presented for consideration by Council and the community. It includes a range of investigation areas, which will provide for the growth of the City, with limited impact on the natural environment and which will form logical

The strategy have a limited range of constraints and with opportunities for well planned urban development which will complement

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

POLICY IMPLICATIONS This report recommends the exhibition of the revised Maitland Urban Settlement Strategy. However, it does not introduce any immediate changes to current Council policy.

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REVIEW OF MAITLAND URBAN SETTLEMENT STRATEGY 2003 (Cont.) STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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10.3.8 STRATEGIC PLANNING UPDATE

File No: 103/77; 103/103; 103/106; 103/76; 103/50

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Peter Cameron Manager City Strategy

EXECUTIVE SUMMARY The purpose of this report is to provide a general up-date on the major strategic planning initiatives, which are being progressed by Council’s City Strategy Division.

During the past two years, the City has experienced unprecedented levels of urban growth and the major strategic planning priority has therefore been the implementation and review of the Maitland Settlement Strategy, as discussed in a separate report to Council in this agenda.

In particular, Council has coordinated the preparation of the Thornton North Master Plan, which will be finalised in the near future following review of key State government submissions. A draft Industrial Strategy has also been prepared, which will be incorporated into the review of the Settlement Strategy. Council has also facilitated a wide range of investigations and rezonings, in accordance with the Settlement Strategy, including preliminary work towards a Master Plan for the Gillieston Heights investigation areas.

Mapping and strategic assessment of Maitland’s remaining areas of native vegetation has been completed as a prelude to a review of Council policy on vegetation management and as an input into the Rural Strategy. However, policy development in this area is being complicated by changes in vegetation and catchment management at the state and regional level.

Council is in the process of reviewing the draft Rural Strategy, with due consideration to the submissions received during public exhibition and to incorporate new information such as the new Vegetation mapping. However, the significant increase in the take-up of residential land in recent years has prompted a more detailed analysis of fringe areas in the west of the City, including the status of the proposed conservation living zone. It is therefore critical that the completion of the Rural Strategy is undertaken in the context of the review of the Settlement Strategy, including community consultation and consideration of key issues, such as the future of the Farley area.

In conclusion, the key priorities for the City Strategy Division at the present time are the finalisation of the Thornton North Master Plan, the investigation of other priority areas and the review of the Maitland Settlement Strategy. It is recommended that Council acknowledge these priorities.

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STRATEGIC PLANNING UPDATE (Cont.) OFFICER'S RECOMMENDATION THAT Council endorse the strategic planning priorities described in this report.

REPORT

BACKGROUND During the past five years, Council has undertaken a range of strategic land use planning initiatives with the goal of providing a sound framework for future land use decisions in the City.

This has primarily been achieved through the preparation of the Maitland Urban Settlement Strategy, the Maitland Greening Plan, and the draft Maitland Rural Strategy, which collectively provide a general framework for future land use planning for the City.

An up-date on the major strategic planning initiatives is provided below:

1. The Maitland Urban Settlement Strategy

The City has seen an unprecedented level of development in the past few years and the implementation and review of the Maitland Settlement Strategy has therefore been the major priority of the City Strategy Division.

In the two years since adoption of the Maitland Settlement Strategy, Council has promoted investigations in a range of areas throughout the LGA, including the preparation of the draft Thornton North Master Plan. Council has also prepared the draft Maitland Industrial Study and has undertaken the first draft review of the Settlement Strategy, which is considered in detail in a separate report to Council in this agenda.

Preliminary investigations are currently underway in the Gillieston Hts area, prior to the preparation of a master plan, in accordance with the Settlement Strategy. However, unlike the Thornton North area, where Council produced the Master Plan, there are a small number of landowners in the investigation areas at Gillieston Hts and there is an opportunity for the master plan to be prepared on behalf of the landowners, under the guidance of Council.

Council’s City Strategy Division will coordinate the input from Council and the community to the master plan and will ensure that the process is transparent and accountable form the perspective of the local community. A separate report will be presented to Council to detail Council’s involvement in the master plan process at Gillieston Hts.

These investigations are critical to the successful implementation of the Settlement Strategy and should therefore be facilitated by Council with the minimum of delay.

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STRATEGIC PLANNING UPDATE (Cont.) 2. The Thornton North Master Plan

The draft Thornton North Master Plan has been prepared and exhibited in accordance with previous resolutions of Council and is expected to be finalised for presentation to Council by the end of 2003, subject to resolution of any major concerns from the Roads and Traffic Authority.

The draft Master Plan provides for an estimated population of around 9,500 people to the north of Thornton and there are therefore significant implications for social services, roads and traffic and other infrastructure. Council’s City Strategy Division has therefore prepared briefs for the preparation of drainage and traffic studies as a prelude to the preparation of a Section 94 Plan for the area.

The finalisation of the Section 94 Plan will need to take place prior to the determination of any rezoning proposals in the Thornton North area, in accordance with the Master Plan. It is therefore critical that the finalisation of the Master plan and completion of the Section 94 Plan take a high priority in the City Strategy work program.

3. Maitland Greening Plan

Council produced the Greening Plan between March 2000 and January 2002, with extensive consultation with community, including direct involvement by the Greening Plan Coordinating Group. The Plan incorporates regional mapping of vegetation communities and provides general principles and targets in relation to those vegetation communities.

Since adoption of the Greening Plan, Council has been actively involved in achieving on-the-ground results and the preparation of local vegetation mapping to facilitate local strategic planning decisions.

At the regional level, there is the potential for considerable change in the area of vegetation management, with the preparation of a Regional Vegetation Management Plan (RVMP) for the Hunter Valley by the state government. Council is providing input into this process through a Local Government Reference Group.

The RVMP is expected to be an environmental planning instrument for the purposes of the Environmental Planning and Assessment Act, with the State government as the consent authority. Accordingly, there are potential implications on any new policy that Council may introduce regarding native vegetation management.

Further details will be presented to Council, in the context of the Maitland Greening Plan, as the RVMP and Council’s investigations proceed.

4. The draft Maitland Rural Strategy

The draft Maitland Rural Strategy was produced and exhibited by Council’s City Strategy Division in 2002, following consultation with the community and a wide range of stakeholders. Fifty-four submissions were received during the exhibition period. Page 106 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

STRATEGIC PLANNING UPDATE (Cont.)

Since exhibition, Council has undertaken further analysis of dwelling provisions in Maitland LEP 1993 along with research on other key issues, including consideration of revised agricultural census data, which became available this year.

The implications of the listing of Lower Hunter Redgum Forest (LHRF) as an endangered ecological community, have also been considered, particularly as a consequence of the more accurate mapping of vegetation communities, which was recently completed for the Maitland LGA.

It is necessary that Council review the proposals in the draft Rural Strategy in the context of the listing and in the context of the proposed Regional Vegetation Management Plan, to ensure that the direction of the strategy is consistent with regional and state planning.

The review of the Rural Strategy is inextricably linked to the review of the Maitland Settlement Strategy. The significant increase in the take-up of residential land in recent years has prompted a more detailed analysis of fringe areas in the west of the City, including the status of the proposed conservation living zone.

The proposed inclusion of Farley as a Preliminary Investigation Area in the draft revised Settlement Strategy is consistent with the draft Rural Strategy, which noted the potential for higher density urban development near Owl Pen Lane. Nevertheless, it is also an indication that opportunities for higher order development need to be properly considered and that thiis will need to include community consultation and consideration of the future of the significant bushland areas to the south-west of Farley.

It is therefore critical that the completion of the Rural Strategy is undertaken in the context of the review of the Settlement Strategy, including community consultation and consideration of key issues, such as the future of the Farley area.

Conclusion

It is recommended that Council endorse the following priorities for Council’s City Strategy Division:

1. Review of the Maitland Settlement Strategy 2. Finalisation of the Thornton North Master Plan and the background studies and Section 94 Planning for that area 3. The investigation and rezoning of other areas in accordance with the Settlement Strategy 4. Finalisation of the Rural Strategy

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

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STRATEGIC PLANNING UPDATE (Cont.) 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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10.3.9 THORNTON NORTH REZONING FEES

File No: 103/106

Responsible Officer: Peter Cameron Manager City Strategy

Author: Peter Cameron Manager City Strategy

EXECUTIVE SUMMARY The purpose of this report is to recommend an amendment to Council’s fees and charges to set a separate fee for recovery of the cost of preparing the Thornton North Masterplan.

Council resolved on 26 November, 2002 to fund the preparation of the Thornton North Masterplan up-front from Council’s Economic Development Fund, on the basis that the funds and any foregone interest would be recouped through subsequent rezoning fees. Council further resolved that a separate report be submitted to Council regarding the introduction of a new fee in the current rezoning fee schedule to recoup the cost of the Thornton North Masterplan.

The draft Masterplan has now been completed and is nearing finalisation after being placed on public exhibition. It is therefore timely to consider the rezoning fees which will apply.

The calculation of the ‘Thornton North Masterplan fee’ involves dividing the total cost of preparing the Masterplan and interest ($272,500) by the likely area of developable land (ie that which will be rezoned as residential and/or commercial and/or special uses) being 370 hectares to give a rate of $736.50 per hectare. The fee will be payable at the time that the Local Environmental Plan resulting from each rezoning application is placed on public exhibition at s66 of the Environmental Planning and Assessment Act 1979.

The fee should be publicly advertised in accordance with the Local Government Act 1993.

OFFICER'S RECOMMENDATION THAT Council exhibit the proposed Thornton North Master Plan fee for a period of 28 days, as described in this report, as an addition to Council’s Fees and Charges , in accordance with the requirements of the Local Government Act 1993 (as amended).

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THORNTON NORTH REZONING FEES (Cont.)

REPORT Background

A report presented to the Council meeting of 26 November 2002 addressed the issue of the funding of the Thornton North Masterplan, which has now been prepared. The report presented various options for funding and recoupment of costs of the Masterplan. Council resolved:

1. Council fund the preparation of a Masterplan for the Thornton North area up- front (estimated to be between $150 000 and $200 000) from Council’s Economic Development Fund, on the basis that the funds and any foregone interest will be recouped through subsequent rezoning fees.

2. A separate report be submitted to Council regarding the introduction of a new fee in the current rezoning fee schedule to recoup the cost of the Thornton North Masterplan.

This report fulfils recommendation (2) above.

Masterplan costs

As per recommendation 1. above, Council funded the preparation of the Thornton North Masterplan up front, by borrowing from Council’s Economic Development Fund. The total consultant’s fees for the Masterplan are expected to be $150,000.

With interest at 5% apportioned over 10 years, the amount that must be repaid to the Economic Development Fund is $232,500. Council staff time involved in the preparation of the Masterplan to date has been valued at $40,000, making a total Masterplan cost of $272,500.

Calculation of Masterplan fee

It is considered equitable to calculate the ‘Thornton North Masterplan fee’ by dividing the total cost of the Masterplan by the area in the Masterplan that is likely to be zoned for ‘development’ (ie residential and/or commercial and/or special uses). The calculation means that the landowners with the most land to be rezoned for development would contribute more towards the preparation of the Masterplan.

It is estimated that the likely area that will be rezoned for ‘development’ (ie residential and/or commercial and/or special uses) will be approximately 370 hectares. This calculation is the best estimate that is able to be made at this time, since detailed studies that will determine the exact location of each zone will not be determined until well into the rezoning process. It does not include land likely to be zoned as open space, nor land that is flood affected.

The total cost of the Masterplan ($272,500) divided by the likely ‘development’ area means a Thornton North Masterplan fee of $736.50 per ha (Masterplan and Council staff time).

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THORNTON NORTH REZONING FEES (Cont.)

The exact amount of ‘developable’ area in any ownership cannot be determined until each rezoning reaches the public exhibition stage (s66 of the Environmental Planning and Assessment Act 1979). Therefore, the fee will be payable at the time that the local environmental plan is placed on public exhibition under s66.

It must be noted that this fee will be in additional to general rezoning fees, as discussed below.

Council’s current rezoning fees

A further report will be presented to Council reviewing the current rezoning fees. These reviewed fees will be applicable to all rezoning applications, including Thornton North and deal with the costs of preparing the necessary documents to enable a rezoning, for example local environmental study, specialist studies, draft local environmental plan and development control plans.

Exhibition of rezoning fee amendment

The exhibition of the proposed amendment will be carried out in accordance with Sections 610F(3) and 705 of the Local Government Act 1993 (as amended). The proposed fee will be advertised in the Maitland Mercury, displayed in Council’s offices and will be exhibited for a minimum period of 28 days, to provide an opportunity for public comment.

CONCLUSION The cost of preparing the Thornton North Masterplan should be recouped through a ‘Thornton North Masterplan Fee’ of $736.50 per developable hectare (ie land to be rezoned as (residential and/or commercial and/or special uses). The fee will be payable at the time that the local environmental plan resulting from each rezoning application is placed on public exhibition under s66 of the EP&A Act.

FINANCIAL IMPLICATIONS The recommendations in this report have implications for the refunding of Council’s Economic Development Fund, as described in the report.

POLICY IMPLICATIONS It is proposed that Council’s current fees and charges structure be amended to include a ‘Thornton North Masterplan fee’ as described in ths report.

STATUTORY IMPLICATIONS The exhibition of the proposed amendment will be carried out in accordance with Sections 610F(3) and 705 of the Local Government Act 1993 (as amended).

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10.3.10 CURFEW PROPOSAL FOR LATE NIGHT CBD VENUES

File No: 29/31

Attachments: Correspondence from Yardy Legal on behalf of Clubhouse Hotel Correspondence from The Valley Brewery

Responsible Officer: Judy Jaeger Manager Community and Recreation Services

Author: Frances Holz Community Safety Officer

EXECUTIVE SUMMARY Council resolved at its meeting in October to defer for one month a decision on whether or not to press ahead with a complaint to the Liquor Administration Board with a view to securing a 1 am entry restriction on both the Clubhouse Hotel and the Valley Brewery. This followed late discussions by the venues and receipt of additional correspondence. This report is to update Council on progress toward its desired entry curfew for the late night CBD venues.

OFFICER’S RECOMMENDATION THAT:

1. Council not proceed at this time with a complaint to the Liquor Administration Board under Section 104 of the Liquor Act 1982 (‘quiet and good order of the neighbourhood’ provisions) seeking imposition of a 1am entry restriction at the nominated licensed premises.

2. The curfew arrangements be reviewed at the end of the twelve (12) month trial period.

REPORT Council resolved in August to facilitate discussions between the owners/licensees of the Valley Brewery and Clubhouse Hotel with a view to establishing a trial 1am entry restriction or, failing that, pursue a complaint to the Liquor Administration Board under the ‘quiet and good order of the neighbourhood‘ provisions of the Liquor Act 1982. A report prepared for the October meeting of Council indicated that, although the Clubhouse had moved to introduce a three-month trial curfew, the hoped for talks to implement an agreed 12-month trial had not come to fruition, and recommended that the complaint be pursued. However, discussions between the venues were held on the eve of the last Council meeting, and Council resolved to defer consideration of the matter for one month.

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CURFEW PROPOSAL FOR LATE NIGHT CBD VENUES (Cont.) Lawyers for the Clubhouse Hotel have formally advised Council that the hotel, “based on the current trading environment, is to extend its trial voluntary curfew for a 12- month period from 19th September 2003”. The extended trial entry restriction would be “reviewed on a monthly basis to ensure its effectiveness”.

As noted in previous reports, a 1am entry restriction will become mandatory for the Valley Brewery once it commences its trial 12-month extension of trading hours to 5am. The extended trading hours have not yet occurred, and the venue continues to trade only to 2am. However, verbal advice from the Brewery indicates they are hopeful of moving to 5am trading from the week commencing Monday, 22 December, subject to council approvals, completion of required noise works, and Licensing Court provisions. Progress of the Valley Brewery’s requirements under their Development Application to meet consent conditions for extended trading hours is subject to a separate report to Council.

The proprietors of the Valley Brewery have written to Council suggesting that pursuit of a Section 104 complaint against their venue in regard a curfew is premature, especially given that they have not yet had the opportunity to implement the 1am entry restriction, which is to be a mandatory condition. They note also that the two separate 12-month trial periods will not coincide, the Clubhouse entry restriction having been introduced in September, and theirs yet to be introduced.

In light of the factors indicated above, it is recommended that a complaint to the Liquor Administration Board not be pursued at this time, and that Council review the situation at the end of the trial period.

FINANCIAL IMPLICATIONS There are no financial implications for Council.

POLICY IMPLICATIONS There are no policy implications for Council.

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

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10.3.11 MINOR OFFENDERS COMMUNITY ALTERNATIVE SENTENCING PROGRAM

File No: 27/2

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Judy Jaeger Manager Community & Recreation

EXECUTIVE SUMMARY This report recommends support from Council for the re-introduction of the Minor Offenders Community Alternative Sentencing Program currently being initiated through the local Magistrate.

OFFICER'S RECOMMENDATION THAT Council support the re-introduction of the Minor Offenders Community Alternative Sentencing Program through the payment of hire fees for the Hunter Room on a fortnightly basis and funded through the community projects budget.

REPORT The General Manager recently met with the local Magistrate Stephen Jackson regarding the Minor Offenders Community Alternative Sentencing Program. The Magistrate is looking at re-introducing this scheme at a local level.

The intent of the program is that persons committing minor offences would be referred to a community panel for determination of a number of unpaid hours of community work, rather than the conventional determination of their case. A panel would consist of five (5) members plus the person referred and their representative and would meet fortnightly.

The Magistrate has requested Council’s consideration to provide a venue free of charge that has a community context rather than a judicial one. The Hunter Room in the Town Hall would be suitable for this purpose and numbers. Usage would be each fortnight for two (2) hours and the currently fee schedule for the Hunter Room is $55 for this time period. Therefore, the total cost to Council would be $1430 for a 26- week period and this could be funded from the community projects budget. There are benefits to this initiative, which include the benefits to community and non- government organisations in getting community work undertaken on a voluntary basis.

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Minor Offenders Community Alternative Sentencing Program (Cont.) The re-introduction of this program is a positive approach to dealing with minor offenders and ensuring they contribute back to the community through community work and projects.

FINANCIAL IMPLICATIONS This initiative can be funded within the current budget.

POLICY IMPLICATIONS There are no policy implications associated with this report.

STATUTORY IMPLICATIONS There are no statutory implications associated with this report.

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10.3.12 YOUTH SERVICES

File No: 27/2 & P18101

Attachments: (1) Better Futures Hunter Region Youth Plan 2003- 2006

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Judy Jaeger Manager Community & Recreation Services

EXECUTIVE SUMMARY This report provides information to Council on the status of the Maitland PCYC Youth facility and direction for youth services in general through the Better Futures Hunter Region Youth Plan 2003-2006.

OFFICER’S RECOMMENDATION THAT:

1. the Better Futures Hunter Region Youth Plan 2003-2006 be received and noted.

2. Council not allocate funds, at this stage, to the Maitland PCYC Youth facility and that the provision of Youth Services be closely monitored through the Maitland Youth Interagency.

REPORT In March 2003, Council received a written request from Maitland PCYC to explore a possible partnership to develop and refurbish a youth facility in Maitland at the PCYC. The refurbishment included a modern complex housing a youth café, drop in space, recreation activities, internet/email facilities, homework and learning centre and other services desired by their membership. The total cost of the project was expected to be around the $1.3 million with the PCYC receiving a $1 million dollar grant through the State Government and PCYC NSW Advancement Fund. In March of this year, the PCYC approached Council to be a partner and provide additional financial assistance.

At the April Ordinary meeting of Council, the following recommendations were adopted: “1. that Council further explore partnership opportunities with Maitland PCYC for the provision of a multipurpose youth facility in Maitland

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Youth Services (Cont.) 2. A further report be presented to Council detailing the outcome of the investigations.”

Partnership opportunities were discussed at great length at subsequent Youth Interagency meetings and the following comments have been received from both the Maitland Youth Interagency and Maitland PCYC.

Comments from Maitland Youth Interagency: • Maitland Youth Interagency supports, in principle, the multipurpose model for the PCYC • Interagency also recognises that there will be barriers to use the facility for those young people who are at risk • It recognises that the facility is connected to the police and this would be a barrier for many disadvantaged young people • It recognises that the PCYC charges a fee for use of facilities and services and that this could prove to be a barrier to access for many disadvantaged and at risk young people • It recognises that these barriers would limit the amount of access disadvantaged young people would have to this facility and the need for Council to support other services that target the needs of these at risk young people

Comments from Maitland PCYC: • PCYC appreciates the ongoing support of Maitland City Council • PCYC understands that the Maitland Youth Enterprise (MYE) Centre provides opportunities and activities which are not catered for at PCYC – both services cater for different client groups with some exceptions • PCYC is reluctant to receive funding that could lead to the demise of other youth services in the Maitland area • PCYC would like to cater for all youth – due to complex range of needs and the limited resources and facilities, they struggle to meet the requirements of all young people • PCYC sees the need for all current available services to exist to provide the full scope of youth facilities in Maitland • PCYC & MYE are looking at working more closely on joint programs to cater for youth at risk and their needs

In July of this year, Council adopted the following recommendation regarding a contribution toward the refurbishment work at Maitland PCYC.

“that the conditions contained within a formal agreement between Maitland City Council and Maitland PCYC be discussed and determined within the youth section prior to a decision being made to allocate funds from Council.”

A Working Party was established with the following youth service providers represented to discuss the multipurpose model and plans for the Maitland PCYC.

• Maitland Youth Development Officer

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Youth Services (Cont.) • Maitland Youth Enterprise Inc. • Maitland PCYC • Maitland Youth Court Support Scheme • Maitland Youth Crisis Centre (FRAMP) project

Representatives from the PCYC have stated that the initial concept for the refurbishment work at the PCYC is not achievable due to costs and that a revised plan has been established. Furthermore, the above youth service provides have requested that Council consider allocating Section 94 funds equitably across the organisations that provide youth facilities within the City. This does not meet the requirements within Council’s Section 94 plan for youth services and it is therefore recommended that Council not allocate funds, at this stage, to the Maitland PCYC Youth facility and that the provision of Youth Services be closely monitored through the Maitland Youth Interagency.

PCYC representatives have worked cooperatively with other service providers and Council over the past six (6) months and have acknowledged that additional Council funding is not required at this stage, given that the plans have been downsized and there is a wish within the youth sector to allocate Section 94 funds equitably. In light of this, PCYC have verbally stated that additional funding is not required and demonstrated sound leadership in the provision of youth facilities within the city.

Better Futures Hunter Region Youth Plan 2003-2006

The approach for Council to wait regarding the use of Section 94 funds is advisable given that the Better Futures Regional Strategy has been developed and funded in order to achieve better outcomes for young people aged 9-18 years in New South Wales. Better Futures has a strong youth and community development focus and seeks to strengthen community capacity in prevention and early intervention, and also improve Government and non-Government service coordination and collaboration.

The Hunter Region Youth Plan reflects the contributions of young people and community service providers in the Hunter. It is based on • Consultations held with young people, community workers and service providers (Government and non-Government) • Data analysis • Latest research

The Plan presents a range of strategies to address the identified issues; they are not intended to be definitive, but rather a document, which will remain responsive to changing needs throughout its duration.

Implementation of strategies identified in the plan will be undertaken over the three- year duration of the plan with funds provided through the NSW Government Better Futures Strategy, but within budget limitations. The Better Futures Steering Committee has identified strategy 1.1 as a priority for implementation in 2003-2004. The location of the first project shall be determined with regard to priority

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Youth Services (Cont.) communities nominated by the Regional Coordination Management Group, although it is quite probable that a ‘Gate Ways’ centre will be based in Woodberry.

The anticipated budget allocations for the Hunter Region for 2003 to 2006 are detailed in the following table. The figures beyond 2003/2004 are to be confirmed and may be subject to change. The Hunter also receives a further $200,000 p.a. in addition to these allocations, for the two-year demonstration project in Cessnock.

2003/04 2004/05 2005/06 Total $180,400 $262,000 $424,000

Maitland has three distinct youth centres in the Maitland Local Government Area, being Maitland PCYC, Maitland Youth Enterprise Centre and Mindaribba Local Aboriginal Land Council. Given that there is strong competition between youth service providers in providing youth centres, it would be advisable for Council to wait and see how and when the strategies contained within the Better Futures Hunter Region Youth Plan 2003-2006 are implemented. Council will then be in a better position regarding the allocation of Section 94 funds in relation to Youth facilities within the City.

FINANCIAL IMPLICATIONS There are not financial implications associated with this report.

POLICY IMPLICATIONS There are no policy implications associated with this report.

STATUTORY IMPLICATIONS There are no statutory implications associated with this report.

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10.3.13 LANDFILL GAS MANAGEMENT

File No: P28976

Responsible Officer: David Simm Manager Environmental Programs

Author: Claire Hendley Senior Environmental Health Officer

EXECUTIVE SUMMARY An Environment Protection Licence is held for the Mt Vincent Waste Facility. The licence requires regular monitoring of landfill gas. In 2002, a condition of the licence was triggered requiring additional monitoring and subsequent action to address the levels of landfill gas on the site.

Landfill gas is produced during the decomposition of waste in the landfill. The landfill was originally designed to passive vent this gas, however this practise is no longer acceptable under current environmental and safety standards.

A landfill gas pumping trial was undertaken during July 2002 to fully assess the volumes of gas being produced from the site. The results of the trial indicated that there are sufficient volumes of landfill gas for the introduction of a technological solution. The most viable alternative is the installation of a permanent landfill gas extraction and flaring system and potential to then assess conversion of that gas to energy. This solution would facilitate compliance with legislative requirements now and into the future.

Failure to take action to address landfill gas in the near future may result in the EPA utilising its powers to ensure that a suitable solution, such as increased monitoring and installation of a flare system be taken.

It is proposed that Council call for Expressions of Interest for the installation of a gas extraction and flaring system and assess the viability of an energy conversion system. The preferred option is for the successful tenderer to build, own and operate the gas management system for the duration of the contract. This will potentially allow Council to reduce capital and maintenance costs, whilst meeting statutory obligations and reducing green house gas emissions.

OFFICER'S RECOMMENDATION THAT:

1. Council call for Expressions of Interest for the installation of a gas management system at the Mt Vincent Landfill.

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Landfill Gas Management (Cont.) REPORT The Mt Vincent Waste Facility has been operating for over ten years. During this time approximately 520,000 cubic metres of waste have been deposited. The decomposition of this waste produces landfill gases for over ten years after it has been placed.

The landfill was designed to the environmental and safety standards that were relevant at the time. Since then, scientific understanding of the risks associated with landfill gas production has increased and the original design to passive vent the gas through the walls is no longer considered acceptable under current environmental standards. The management of gas at Mt Vincent is particularly important because of the interface with underlying coal seams.

The EPA introduced landfill gas monitoring requirements in the last five years and in 2002 a condition on Council’s Environment Protection Licence was triggered due to the levels of methane being measured below the surface of the landfill. This required Council to commence daily sampling of wells to monitor the situation, subsequently the EPA have agreed to reduce the monitoring requirement to monthly. However whilst ever the gas remains uncontrolled there is a risk of an explosion as well as the ongoing release of Greenhouse Gases. For these reasons, if Council fails to take suitable action, the EPA may issue a Notice requiring the works to be completed.

A landfill gas pumping trial was undertaken in July 2002 to assess the level of methane being produced at the landfill and determine the most appropriate treatment method. The trial indicated that the amount of gas generated from the landfill was sufficient for the active extraction for flaring and further investigations into the viability of the conversion of gas to energy.

The installation of a flare system (where gas is burnt) could reduce greenhouse gas emissions from the landfill, based on results of the trial, by 12 000 tonnes in 2003 alone. This is equivalent to the planting of approximately 1248 hectares of trees or the removal of 2880 cars from the road per annum (calculated from US EPA Methane Outreach Program).

Following on from the flare system, it is proposed to investigate and install (if viable) an energy conversion installation. This system would convert the gas to energy that can then either be connected to the power grid or stored and used on-site. This approach has the added advantage of creating ‘Renewable Energy Certificates’ that can be traded (generally pre-arranged to an energy supplier) to assist companies in meeting the demand for ‘green energy’. However the future of this market is uncertain and any potential income should not be relied upon.

Whilst there is some uncertainty as to the future levels of gas production from the site due to reduced organic content of waste, as a result of the Regional Waste Project, it is proposed that Council calls for Expression of Interest (EoI) to install and operate a flare system and gas field, with the possibility of installing an energy conversion system. The EoI will call for interest from companies to undertake the work under a build, own, operate (BOO) system. This system will provide the best solution for Council in its management of landfill gas. The BOO system will provide the

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Landfill Gas Management (Cont.) appropriate levels of skills, expertise and technology to the project, and in addition to this, it provides an opportunity to consider risk and cost sharing in relation to start up costs and any future trading of credits created on the site. This option enables Council to meet its statutory obligations and reduce greenhouse emissions with little or no capital outlay or ongoing costs.

The results of the EoI will be reported back to Council and the selected companies will then be asked to Tender on the provision of the landfill gas management system.

BACKGROUND Landfill Gas poses an environmental and occupational health and safety risk if not managed adequately. Currently Council is required to monitor landfill gas as a part of its ‘Environment Protection Licence’ issued by the EPA and has committed to investigating and implementing methods to reduce gas emissions from the facility.

Renewable energy is energy derived from sources that cannot be depleted or can be replaced such as solar, wind, biomass or hydro. This includes energy produced by the combustion of landfill gas.

Landfill gas is produced from organic material as it breaks down and is largely comprised of methane. Methane is a known greenhouse gas that contributes to the enhanced greenhouse effect (global warming).

The collection and burning (and conversion to energy) of methane reduces the amount of greenhouse gas produced by 21%.

FINANCIAL IMPLICATIONS Since the elevation of landfill gas levels, Council has spent a significant amount of money on monitoring the methane levels and although the EPA have agreed to reduce monitoring requirements in the short term, this is based on their recognition of the need to invest money in a solution.

The management of landfill gas will require a significant investment in the short term with on-going costs associated with the maintenance of infrastructure, ongoing monitoring and further development. It is anticipated that some costs may be offset by on-selling any credits that may be applicable in the future, but is uncertain in the current market.

The gas management system can be considered in two stages. The first is the installation of a flare system and the second for the installation of an energy conversion system. Both stages require significant investment to set up appropriate and effective infrastructure and then an allocation for on-going maintenance.

Indicative costs for the installation of the flare and gas field alone, are in excessive of $500K over the life of gas production on the site.

If Council decided not to proceed with the installation of a landfill gas management system, and the EPA agreed to such action, it is likely that Council would have to increase the monitoring to a level where it would cost approximately $72K per annum

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Landfill Gas Management (Cont.) (or $1200K over the life of gas production on the site), plus the installation of additional monitoring wells throughout the site.

The acceptance of a Expression of Interest under a build, own, operate (BOO) arrangement is likely to provide considerable cost savings to Council over the life of landfill gas generation whilst also reducing the risks to the environment.

POLICY IMPLICATIONS There are no specific policy implications as a result of this report.

STATUTORY IMPLICATIONS This proposal will ensure compliance with requirements of the Environment Protection Licence issued by the EPA.

Page 123 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.3.14 MAITLAND COMMUNITY SUPPORT OFFICER (LANDCARE COORDINATOR) FUNDING OPTIONS

File No: 55/4

Attachments: (1) Correspondence from the Hunter Catchment Management Trust

Responsible Officer: David Simm Manager Environmental Programs

Author: David Simm Manager Environmental Programs

EXECUTIVE SUMMARY This report has been prepared to provide Council with an appreciation of the current state of Federal grant funding for the continued employment of this position. It provides a series of options for consideration that would provide avenues for the continuation of the community support work.

The Commonwealth/State Natural Resource Management Steering Committee (C/SNRMSC) has advised the Hunter Catchment Management Trust (HCMT) that interim funding to continue employment of some current staff is available till 31.12.03.

It is anticipated that further funding to extend employment until June 2006 may be made available upon approval of The Hunter Trust’s three year Natural Heritage Trust investment proposal.

The C/SNRMSC has further advised that funding for CSO positions is only available for five (5) positions. At present there are 8.7 positions within the Trust’s area, so this reduction has placed significant strain on their resources in attempting to provide community coverage to the level accustomed.

Further direct impact of these announcements for Maitland result from the adoption of the Hunter Blueprint and its priority areas within the Upper Hunter. The Trust for consistency with the Plan has determined that the majority of available funding will be allocated to that part of the region. Clearly this reduces the support available to the Maitland, Cessnock, Dungog and Singleton positions.

It is for this purpose that this report seeks to have Council determine its ability to support this worthwhile and widely recognised position within the Maitland area.

OFFICER'S RECOMMENDATION THAT:

1. Council advise the Hunter Catchment Management Trust of its intention to increase the level of its financial support to provide for any shortfall in

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Maitland Community Support Officer (Landcare Coordinator) Funding Options (Cont.) salaries and on costs associated with the position on the basis of the Trust agreeing to provide $2,530 per month towards the position of a Community Support Officer.

2. Council advise the Hunter Catchment Trust that such support will provide Council with an increased opportunity to utilise the position to further its community support work associated with the implementation of the Maitland Greening Plan where it is consistent with the principles of the Hunter Blueprint.

3. That such financial support for the period up till the end of June 2004 is funded from current budgetary votes allocated towards the Implementation of the Maitland Greening Plan.

4. That Council, by officer representation, continue to sit on any Community Steering Committee intended to be re-established as part of the grant funding arrangements.

5. The ongoing funding of the position be given consideration in the preparation of the 2004/05 Management Plan of Council post June 2004, contingent upon the Trust having secured funds as expected through its Hunter Blueprint investment strategy.

REPORT The Maitland Community Support Officer (Landcare Coordinator) position has been funded through the Natural Heritage Trust grant scheme since 1995.In that time, Council has financially supported the position, in partnership with local Landcare Groups and of more recent time by way of a service agreement with the Hunter Catchment Management Trust.

The position was established in order to assist the local Landcare groups to achieve their aims in land rehabilitation and improvement. The position has evolved to providing assistance and community engagement in the management of our natural resources to not only Incorporated Landcare groups, but to the wider community as a whole.

As reported to Council on the 26th November 2002, the Trust was successful in obtaining funding via the NHT “interim” program part of which has been allocated towards the Maitland position. As a result of that funding the Trust established a community steering committee, which was charged with the task of developing the work plan, to which the officer has been working toward and from which progress is measured.

Various groups including Landcare, Council, the Trust and interested community representatives have been represented on this committee. The day-to-day management of the officer has remained with Council and the position is employed under the terms of the Local Government State Award and appears within the Councils employment structure, within the Environmental Programs division.

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Maitland Community Support Officer (Landcare Coordinator) Funding Options (Cont.) In September this year the trust sought Expressions of Interest (EOI) from potential host employers to house, support and manage a position within its organization. Council submitted a response to this EOI process along the lines of its established agreement with the Trust. Subsequently the current detail of funding has been presented to the Trust for implementation.

As a consequence of this funding the continued employment of the current positions throughout the Hunter catchment has been placed under considerable pressure. There are currently 8.7 Equivalent Full Time (EFT) CSO staff within the region, funded by the Commonwealth program. It will be necessary to either reduce the current level of support for community groups undertaking initiatives, seek further contributions from partner organizations or a combination of both.

The Trust acknowledges that none of these scenarios provide satisfactory outcomes for either party. The trust has also, after consideration, determined that the positions in the Upper Hunter would be given priority, consistent with the priority areas identified within the Hunter Bluerprint.

It is on this basis that the Trust is seeking Councils support to continue to provide this valuable environmental and community support program within Maitland. Three options have been offered.

• That Maitland Council consider increasing the level of support to the position by providing 50% of funding for salary and the position continues to operate within the Maitland LGA only, (approximate Trust contribution $2,530 per month) • That Maitland Council consider sharing one (1) EFT Community Support Officer with either Cessnock or Dungog Council • That Maitland Council considers a part time arrangement for the current Community Support Officer (half a position) and the position continues to operate within the Maitland LGA only.

The Trust has further advised that it is intended for any new arrangements, so formalised, to be operative by the 1st December 2003 to satisfy the grant allocation authorities.

As can be seen the funding allocations made available to the Trust significantly influences the manner in which the community of Maitland, Landcare Groups and Council can continue to be served in this area. None of the solutions readily available are desirable and it is therefore proper that Council give consideration to the position it is now placed and the effect that these new funding arrangements has on its citizens, the environment and its own budget.

In considering the merits of the proposals on offer, some regard to two obvious alternates should be had, namely, that Council resolves to withdraw its support to the principles of this program or alternatively that it consider full employment costing for a position within its own organization.

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Maitland Community Support Officer (Landcare Coordinator) Funding Options (Cont.) In respect to withdrawal it is considered that the value of the community support and engagement, capacity building and improvements in natural resource management that have demonstrated throughout the past 8 years are considerable. While an economic rationalist approach might suggest direct financial savings the expectations of the community, Council and Landcare Groups would significantly suffer. Social and environmental value of our own work in implementing natural resource management strategies in general, and specifically in regard to the Greening Plan, would be diminished without access to the skill set required by this position.

As to fully financing a position, this has some internal attraction in respect to achieving Council outcomes, however it would not seem a prudent business decision given that some external funding is available through the Trust.

This therefore leaves consideration of the options on offer from the Trust. Each has obvious pros and cons and the ultimate determination will be a balance between cost, community support outcomes and equity issues between host employers and communities.

In respect to part time employment options the current workload of the CSO sees the incumbent working many hours over and above the set amount. The demands and expectations on the position are such that considerable time is spent either after normal work hours and or on weekends to achieve the various support and coordination activities of predominately voluntary groups.

A reduction in available hours would place added strain on the employee as well as significantly reducing the effectiveness and availability of the position to the community.

A similar problem would result from any job share arrangement proposed. Additionally would be the potential for debate about equity between the various communities and potentially management duplication and concern. It is acknowledged that similar arrangements have been undertaken in other areas of community education and support.

However it is considered that the community of Maitland and our own environment deserve greater levels of attention then could be reasonably expected in such a scenario. It is understood that prospective partners feel similar concerns and reservations.

As such the recommended position for Councils consideration is to enter into formal agreement with the Trust whereby Council funds any financial shortfall over and above the contribution amount on offer. Historically Council has provided financial assistance towards the position in a number of ways.

Notwithstanding the provision of a dedicated vehicle, office accommodation and administrative and technical support, Council has honoured any shortfall in the funding as a result of on costs, wage movements by way of award variations or competency progression.

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Maitland Community Support Officer (Landcare Coordinator) Funding Options (Cont.) Similarly Council by resolution has opted to fund any shortfall in grant procurement by originally the local Landcare Groups where there has been a time delay or unfunded period so as to achieve continuity of employment of the positions to achieve desired outcomes.

As of this time last year a variation to this arrangement was reached between Council and the Trust, as grant administrator, whereby actual salary costs including employee on costs have been reimbursed to Council on a quarterly remittance basis. Council has still provided the necessary management, vehicles, training, support and personal development for the position as its direct contribution towards the position.

At present the position is evaluated within Council’s salary system at Grade 9 with an overall cost of $57,055, including allowances for award variation, competency movement and standard on cost amounts. Based on the proposed contribution towards the position from the Trust of $2,530 per month the expected shortfall and therefore amount for Councils consideration is $ 26,695 per annum.

As previously mentioned an amount not dissimilar to this had been historically borne by Council as part of its contributing support to the program when funding was administered by the Landcare Groups. This is not to suggest that this current proposal should automatically be agreed to, however, does indicate that Council has held the value of the position in terms of its own activities and the benefit to community in high regard in the past.

Notwithstanding this suggested course of action it is felt appropriate that the commitment by Council, if made, be predicated on the ability of the Trust to be able to demonstrate that it has secured a full three-year funding term through its Blueprint investment proposal. As such the terms of any agreement by Council to provide financial support should be reaffirmed at the end of the financial year as part of its 2003/04 Management Plan development.

Finally given the obvious nexus between the outcomes of the Community Support Officer and the community engagement processes of our own Greening Plan the necessary amounts needed between now and the end of the financial year could reasonably be funded from the existing Greening Plan Implementation vote. This approach would serve the purpose of not impacting on Councils current financial position, provide demonstrable evidence of Councils commitment to natural resource management and provide enhanced community engagement and support opportunities to the on ground activities of the Maitland Greening Plan.

FINANCIAL IMPLICATIONS The recommended proposal can be funded from within the current Greening Plan Implementation vote for the period up to 30.06.04. Consideration to future funding options should be canvassed as part of the 2004/05 Management Plan.

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

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Maitland Community Support Officer (Landcare Coordinator) Funding Options (Cont.) STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.

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10.3.15 CONTROL OF BURNING POLICY

File No: 106/2

Attachments: Draft Policy for the Control of Burning

Responsible Officer: David Simm Manager Environmental Programs

Author: David Simm Manager Environmental Programs

EXECUTIVE SUMMARY This report has been prepared to recommend that Council formally adopt a Policy for the Control of Burning for land within the Maitland Local Government Area.

The adoption for this policy will support the requirements of the Protection of the Environment Operations (Control of Burning) Regulation 2000 which prohibits the burning of any material without approval to which the Regulation applies.

This policy gives approval to a class of persons to undertake certain types of burning without conflict with the Act or Regulation.

The Draft Control of Burning Policy has been on public exhibition for a period of 28 days as required under the Act, and no submissions were received.

OFFICER'S RECOMMENDATION THAT Council formally adopt the Control of Burning Policy

REPORT The Protection of the Environment Operations (Control of Burning) Regulation 2000 which commenced on 1st September, 2000 sets out that in the case of Maitland local government area, a person must not burn anything (including vegetation) in the open or in an incinerator, without approval.

Under the Protection of the Environment Operations (Control of Burning) Regulation 2000, Clause 9(2) Council has authority to issue approvals to burn dead or dry vegetative matter to “any particular person” or “any class of persons”. The Policy identifies a “class of persons” that will be given consideration when seeking approval to burn approved materials in the open.

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

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Control of Burning policy (Cont.) POLICY IMPLICATIONS This policy if adopted will become a formal policy of Council.

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

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10.3.16 CONSTRUCTION OF EAST MAITLAND BRANCH LIBRARY

File No: 137/964

Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation

Author: Richard Minter Manager Consulting and Contracts

EXECUTIVE SUMMARY At its October, 2003 meeting, Council resolved not to accept any tenders for the construction of the new East Maitland Branch Library and to negotiate with the two lowest tenderers, R T Parker Pty Ltd and Cordukes Limited with a view to entering into a contract with one of the firms. A report was also to be brought back advising Council of the successful tenderer and how savings were achieved to bring the project in line with the budget.

OFFICER'S RECOMMENDATION THAT:

1. The information contained in this report be noted

2. The common seal of Council be affixed to the contract documents

REPORT A new branch library at East Maitland is to be constructed in Garnett Road, replacing the existing facility in High Street, East Maitland. Tenders for the construction of the new library were called and presented to the October, 2003 meeting of Council. All tenders exceeded the budget available, and as such, Council resolved to not accept any tenders and negotiate with the two lowest tenderers, R T Parker Pty Ltd and Cordukes Limited with a view to entering into a contract with one of these firms.

At the October, 2003 meeting, Council requested that a report for information be brought back detailing the successful tenderer and the means by which the tender was brought back within the project budget.

Negotiations with the two tenderers have been undertaken through Council's architects for the project, EJE Architecture. In consultation with EJE Architecture, the following amendments have been made to the design:

• Delete security roller shutter and railing to north patio • Substitute various selected louvre windows with fixed glass • Replace specified suspended fluorescent light fittings with alternative fitting

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CONSTRUCTION OF EAST MAITLAND BRANCH LIBRARY (Cont.) • Replace specified automatic dimming controls with manual switching • Consolidate second switchboard into main distribution board • Landscaping and carparking works to be undertaken by Council rather than contractor. • Change the finish on various joinery items from timber veneer to paint finish • Amend brick selection for parts of the building • Provide coloured concrete pathways in lieu of stamped concrete • Amend skylight areas to polycarbonate sheeting • Delete detention basin (in lieu of existing pond and GPT)

Council's architects for the library are satisfied that all the changes to the design detailed above will not compromise the functioning of the facility. In particular, the total floor area for the building has remained unchanged and the commitment to an environmental design has also not changed.

Based on construction estimates, savings to the budget can be achieved through Council constructing the carpark and landscaping components of the project. These works will still be funded from the library budget but can be undertaken by Council cheaper than either of the contractors.

Based on the above amendments and the relative pricing of the two firms involved, Council has entered into a contract through a letter of acceptance with R T Parker Pty Ltd in the amount of $1,659,400 (incl. GST).

FINANCIAL IMPLICATIONS The amended contract sum of R T Parker Pty Ltd is within the budget available for the project.

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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10.3.17 RIGHT OF WAY TO LOTS 15 AND 16, DP 738348, 42 - 44 BONAR STREET, MAITLAND

File No: P30649, P30650

Attachment Locality Plan

Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation

Author: Kevin Stein Design Co-ordinator

EXECUTIVE SUMMARY A letter has been received from Paxrin Pty Ltd and ELS Investments Pty Ltd requesting an extinguishment of an easement benefiting Council on their property at 42 - 44 Bonar Street, Maitland.

OFFICER'S RECOMMENDATION THAT:

1. Council agree to the extinguishment of the easement and the Common Seal of Council be affixed to Cancellation or Extinguishment of Easement document

2. All costs relating to this matter to be met by applicant

REPORT Council has received a letter from Paxrin Pty Ltd and ELS Investments Pty Ltd requesting Council consents to the extinguishment of the easement for right of way over their property at 42 - 44 Bonar Street, Maitland.

Council is the owner of Lots 15 and 16, DP 738348 which is benefited by a right of way over the applicant land being Lot 4 DP 1044416 as shown on locality plan included in the attachments. Council's parcels of land and the right of way lie on opposite sides of Les Darcy Drive and there is no legal way of obtaining access to Council land via the right of way.

The right of way benefiting Lots 15 and 16 is inherited from the land parcel prior to severance/subdivision of the parent lot by the RTA during the creation of Les Darcy Drive.

As Les Darcy Drive separates the Council land parcels benefited by the easement and the easement itself, the use of the easement is not possible and therefore no longer required by Council. However, whilst ever the easement remains, it could be

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RIGHT OF WAY TO LOTS 15 AND 16, DP 738348, 42 - 44 BONAR STREET, MAITLAND (Cont.) an impediment to development of 42 - 44 Bonar Street and as such, the easement should be extinguished.

FINANCIAL IMPLICATIONS There are no financial implications as the consent extinguishment is to be on the basis that the applicant meet all costs.

POLICY IMPLICATIONS This matter has no specific policy implications

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

Page 135 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.3.18 STEAMFEST BOARD RALLY SITE

File No: P31613

Attachments: (1) Locality Plan

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Kevin Stein Design Coordinator

EXECUTIVE SUMMARY Council, as part of the adoption for the 2003-3004 Management Plan allocated $20,000 towards development of the Steamfest Board Rally Site. As part of the detail design it has been identified that watermain adjustments and acquisition of Hunter Water Corporation land will be required to facilitate the development. The site is proposed to be an integral part of the Steamfest tourist festival, with additional funds now required to relocate watermains and provide access to the site.

OFFICER'S RECOMMENDATION THAT:

1. Council make a determination as to the provision of additional funding towards the Steamfest Board Rally Site.

2. Subject to Council approving additional funding as detailed in 1 above:

a) The land identified in this report be acquired from Hunter Water, with the Common seal of the Council being affixed to all necessary documents.

b) Funding for the land acquisition and watermain relocation works be funded from the sources outlined in this report.

REPORT The establishment of a Steamfest Board Rally site is a Councillor initiative within the 2003/04 Management Plan. An amount of $20,000 was allocated by Council for investigations and preliminary works. The proposed works involve the establishment of tracks around the site and standing areas suitable for use by heavy equipment i.e. Steam traction engines.

Works completed to date involve the construction of an access road of Church Street and preliminary site preparations. These works where partly funded from the 2002 – 2003 Council works program with an expenditure of $35,000.

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STEAMFEST BOARD RALLY SITE (Cont.) It was proposed that the works during this financial year would be undertaken by a number of organizations consisting of Council day labor and volunteer groups associated with Steamfest. Whilst the total works proposed were estimated at $40,000. these works are possible due to the use of volunteers and the donation of materials from the community.

During the design phase of the works a number of issues have been identified in regards to existing utilities that will need to be addressed. As part of the survey prepared for the site, water and gas mains where located and depths determined. Following investigations, advice from AGL has indicated that they would like a concrete protection over the gas main, however it is envisaged that the protection of the gas main should be able to be accommodated within available funds.

Hunter Water however, have requested that the existing watermains through the site be replaced under areas of proposed new works due to their importance, age, brittle material and lack of depth of these mains and also that where Council is accessing the site over Hunter Water land, Hunter Water require that Council acquire title to that land and grant Hunter Water an easement for their water main.

The site has two mains crossing it, a 500mm dia main running east/west along the path of former Parallel Street with this main providing the water supply to the Rutherford area. The other main is a 375 mm dia main running north/south, supplying central Maitland.

Preliminary advice from Hunter Water for the relocation of the main indicated that the cost to adjust the main would be around $75,000, with all cost being the responsibility of Council. Discussions have been held with Hunter Water in regards to available options to Council with these being:

1. Construction of a raised area over the watermains

2. Alteration of vehicle standing areas to reduce impacts on watermain and the application of the RTA agreement on watermain replacement.

Hunter Water was not prepared to accept option 1 feeling that it would not adequately protect the mains. Discussions also involved altering the proposed works (ie. option 2), with this reducing the cost to $50,000 at full cost to Council. However, Hunter Water have indicated that they would consider applying the RTA agreement to watermain relocations to these works. The RTA agreement is applied by the Hunter Water to watermain relocation works required by Council for main relocation within the road reserve. The agreement cost shares the relocation expenses between Council and Hunter Water on a percentage basis depending on the age of the main. If the RTA agreement were applied then Council’s contribution would be approximately $25,000.

Hunter Water have also raised concerns that where some of the actives may be undertaken on its land, they are reluctant to allow public access over their land, and would prefer that Council acquire the land and grant them an easement. Currently Hunter Water’s 375mm dia. pipeline running north/south is contained within Hunter Water land and as some activities will occur around and possibly over this land, Page 137 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

STEAMFEST BOARD RALLY SITE (Cont.) Hunter Water has requested that Council acquire this land and grant an easement for the watermain. The area of land is identified on the locality plan with the estimated cost for this acquisition being $5,000.

The land is currently vacant, and the use of this site by Steamfest and possible other community actives is seen as an asset to the community and economy of Maitland.

FINANCIAL IMPLICATIONS An allocation of $20,000 is available for the Steamfest Board Rally Site project. To adjust the Hunter Water assets and acquire the Hunter Water land an additional $30,000 is required.

The provision of additional funding towards this project requires determination by the Council.

Preliminary estimates for other 2003/04 projects requiring watermain relocations has indicated that sufficient savings are available form the Maize Street project that would cover the additional funding required for this project. As Maize Street is a ULR funded project, and that funding source is not able to be used on this project, it is proposed that the savings from Maize Street be transferred to the Morpeth Road (New Works Urban) project and funds from the New Works Urban programme be used to fund the additional funds required for the Steamfest Rally Site.

As such, the extra works can be funded from savings in other programmes but only if Hunter Water apply the RTA agreement to the works. Discussions in this area are on-going and should Hunter Water not apply the agreement a report will go to Council for consideration.

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 138 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

10.3.19 COUNCIL LAND - METFORD/THORNTON

File No: P33459

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Henry Wilson Group Manager Projects

EXECUTIVE SUMMARY This report provides details of an interest in a small portion of Council land at Metford, by Queensland Rail, to assist in the development of a Train Support Facility.

OFFICER'S RECOMMENDATION THAT:

1. Council authorise the lodging of a development application for the rail services proposal over part of Lot 104 DP 857158.

2. Pursuant to Section 54 of the Environmental Planning and Assessment Act 1979, Council resolve to prepare and exhibit a draft local environmental plan to rezone part of Lot 104 DP 857158 Woodlands Drive Thornton from 6(a) Public Recreation to 5(b) Special Uses Railways and part of Lot 609 DP 1005289 New England Highway Thornton and part of Lot 904 DP 1045461 Main Northern Railway Thornton from 7(c) Environmental Protection General to 5(b) Special Uses Railways.

3. Council resolve to reclassify part of Lot 104 DP 857158 Woodlands Drive Thornton from "community" land to "operational" land in accordance with the Local Government Act 1993.

4. Council prepare and exhibit a draft Plan of Management for Lot 104 DP 857158 Woodlands Drive Thornton in accordance with the Local Government Act 1993.

5. Should no objections be received by Council during the exhibition period and should no issues be raised by relevant statutory authorities which may preclude adoption of the plan, that the matter be referred to the Department of Infrastructure Planning and Natural Resources with a request that the Minister make the plan.

REPORT Queensland Rail are proposing to develop a Train Support Facility on land south of, and parallel with, the railway line at Thornton. The major part of the project will be on privately owned land but given the longitudinal nature of the development

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COUNCIL LAND - METFORD/THORNTON (Cont.) Queensland Rail are seeking access to a small portion of Council land at Metford to facilitate return of rail vehicles to the main transit lines.

The subject Council land is Lot 104 DP 857158 and is zoned 6(a) Public Recreation under the Maitland LEP and also classified as 'community land' under the terms of the Local Government Act, 1993. Further, there is no Plan of Management for Lot 104, nor adjoining Lot 102, which is required to be in place to enable Council to properly deal with community land. Lot 104 is also subject to an easement along the full length of its northern boundary for a transmission line for railway purposes. It is approximately 2.5ha of this part of Lot 104 that Queensland Rail have expressed interest in acquiring.

Initial discussions have been held with Queensland Rail by Council Officers with a view to presenting a proposal to Council that could be considered and if possible be approved in principle.

To facilitate the eventual acquisition of the 2.5ha by Queensland Rail a number of primary parallel actions by Council would be necessary. These would involve:

a. Development of a Plan of Management for Lot 102 and 104, in accordance with Section 36 of the Local Government Act 1993 (This would afford Council the ability to lease the subject land);

b. Reclassify that part of Lot 104 (approx 2.5ha) required by Queensland Rail from 'community' to 'operational' land under the terms of the Local Government Act 1993; and

c. Rezone the subject 2.5ha from 6(a) Public Recreation to 5(b) Special Uses Railway (an application is expected from the adjoining owner for a similar rezoning in respect of parts of Lot 609 DP 1005289 and Lot 904 DP 1045461).

Queensland Rail is in the process of appointing a town planning consultant to assist in all of the necessary development approval processes, including the Plan of Management, reclassification and rezoning. Queensland Rail has also agreed to monthly lease payments for the site, subject to the adoption of Plan of Management and Council's approval to a lease.

The Train Support Facility proposed by Queensland Rail for Thornton is a significant regional project and worthy of support by Council, subject of course to the appropriate statutory processes and approvals. It is recommended that Council give in-principle support to the Train Support Facility and as owner of part of the affected land give consent to the lodgement of a DA at the appropriate time. Council should also resolve to commence the reclassification and rezoning process for the subject 2.5ha of Council land required.

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

Page 140 COUNCIL MEETING AGENDA 25 NOVEMBER, 2003

COUNCIL LAND - METFORD/THORNTON (Cont.) 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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10.3.20 TEMPORARY ROAD CLOSURE - 2004 AUSTRALIA DAY BALL IN THE MALL

File No: 122/944/1

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Ken Splatt Traffic Officer

EXECUTIVE SUMMARY The Secretary of the Australia Day “Ball in the Mall" Committee has lodged its annual application to temporarily close part of High Street Maitland between Elgin Street and Bourke Street on the evening of Saturday the 24th January 2004 for the annual charity Ball in the Mall.

The proposed closure was advertised in accordance with the requirements of the Roads Act, 1993 and was considered by the Local Traffic Committee for consideration.

The Local Traffic Committee recommends approval of the closure, subject to conditions. This proposal is now referred to Council for final approval in accordance with the terms of the Delegation of Authority by the Roads and Traffic Authority in respect to temporary road closures.

OFFICER'S RECOMMENDATION THAT:

THAT permission for the Australia Day “Ball in the Mall” Committee to temporarily close High Street, to vehicular traffic only, be granted in accordance with the conditions set out by Council’s Local Traffic Committee.

REPORT An application was received from the Australia Day Ball in the Mall Committee to temporarily close High Street Maitland to vehicular traffic only, between Elgin Street and Bourke Street from 2.00 p.m. on Saturday the 24th January 2004 to 4.00 a.m. on Sunday the 25th January 2004.

The purpose of this closure is to hold the annual Ball in the Mall. This function and the associated road closure are a regular occurrence in the Maitland CBD Mall over the past few years.

A notice was placed in the Maitland Mercury advising of the proposal and requesting comments with the closing date for any written submissions being the 31st October 2003.

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TEMPORARY ROAD CLOSURE - 2003 AUSTRALIA DAY BALL IN THE MALL (Cont.) In addition to the notice in the Mercury, business owners and occupiers within the closure area also received a hand delivered flyer regarding the proposed closure and public utility authorities and statutory bodies were contacted by fax.

No comments or objections were received by Council.

The matter was considered by the Local Traffic Committee on the 6th November 2003 with the following conditions recommended to Council:

Consent to temporarily close High Street Maitland to vehicular traffic only, from Bourke Street and Elgin Street between the hours of 2.00 p.m. Saturday the 24th January 2004 and 4.00 a.m. on Sunday the 25th January 2004 be conditionally granted as follows: -

1. The applicant liaise with Maitland Traffic Services Unit of the NSW Police Service at Maitland Police Station;

2. The applicant provide Council with a copy of their public liability coverage for the event to a minimum value of $10 million;

3. Barricades be placed over the entrances to the Mall in High Street and Bulwer Street separating the event area from the general public;

4. Any damage to the Mall infrastructure/fittings/furniture as a result of the "Ball in the Mall" activities be the responsibility of the applicant to repair/replace to Council's satisfaction;

5. This application does not become effective until all Council fees associated with temporary road closure are received by Council.

FINANCIAL IMPLICATIONS The applicant has paid the $100.00 Application Approval fee and the $165.00 Advertising for Temporary Road Closure fee.

POLICY IMPLICATIONS There are no policy implications arising from this report.

STATUTORY IMPLICATIONS This proposal is in accordance with the provisions of Division 2, Part 8 (Regulation of Traffic by Road Authorities) of the Roads Act, 1993, and the terms of the Delegation of Authority to Councils, by the Roads and Traffic Authority, in relation to temporary road closures.

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11 REFERRED COMMITTEE REPORTS

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12 NOTICE OF MOTION/RESCISSION

12.1 STREETSCAPE - KING STREET, LORN NOTICE OF MOTION SUBMITTED BY COUNCILLOR VICTORIA WOODS

FILE NO: 222/321

Responsible Officer: Brad Everett Group Manager Service Planning & Regulation

Author: Vicki Woods Councillor

Clr Victoria Woods has indicated her intention to move the following Notice of Motion at the next Ordinary Council of Council on 28 October 2008, as follows:

That the deteriorating streetscape in King Street, Lorn, be placed on the Works Program as a matter of urgency to have the removed Jacarandas replaced before the entire street is void of trees.

COMMENT BY CLR WOODS After an on-site visit, I am very concerned about the reduction in the quality of the streetscape of King Street in Lorn which has occurred over a long time period. It is my belief that it needs urgent addressing and seek the support of the Council to have an appropriate report prepared and brought back at the earliest opportunity.

COMMENT BY GROUP MANAGER King Street Lorn has some 69 trees and shrubs of various species. There are some 32 Jacarandas from small trees planted three years ago to mature trees. Other species include Pittosporum, Bauhinia (Butterfly Tree), Callistemon (Bottle Brush), Oleanders, two Hills Weeping Figs (to be removed shortly), Nicholli, Liquid Amber, etc.

The street was originally planted with Jacarandas which have deteriorated over many ears due to age, past practices of trimming for overhead power lines, gas leaks and structural failure. Council is advised that only structurally unsound trees were removed for road works in the 1990’s. Others have been removed when they have died or been structurally unsound.

There are no immediate or proposed alterations to the existing streetscape in King Street, Lorn and accordingly it is recommended that no further action be taken at this time. The Council is about to commence preparation of the Draft Management Plan and Budget for the 2004/05 year and it is appropriate that this initiative be listed for consideration along with other identified Councillor projects.

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NOTICE OF MOTION SUBMITTED BY COUNCILLOR Clr Victoria Woods (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.

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13 QUESTIONS WITHOUT NOTICE

14 URGENT BUSINESS

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15 COMMITTEE OF THE WHOLE

15.1 RUTHERFORD SHOPPING CENTRE

File No: 137/909

Responsible Officer: David Evans General Manager

Author: Roger Stephan Executive Manager Economic Development and Marketing

EXECUTIVE SUMMARY The purpose of this report is to provide information in relation to the sale of Council lands within the Rutherford Shopping Centre precinct.

OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

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15.2 COUNCIL LAND - RUTHERFORD INDUSTRIAL AREA

File No: P38525

Responsible Officer: David Evans General Manager

Author: Henry Wilson Group Manager Projects

EXECUTIVE SUMMARY This report provides details to Council of negotiations for the sale of land at Rutherford.

OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

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15.3 MAITLAND REGIONAL GALLERY

File No: E10270

Responsible Officer: David Evans General Manager

Author: David Evans General Manager

EXECUTIVE SUMMARY This report responds to the Council's decision at its last meeting, calling for a report on the naming of the main exhibition room at the Maitland Regional Gallery.

OFFICER'S RECOMMENDATION 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

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15.4 HAGUE STREET DRAINAGE PROBLEM

File No: P16653

Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation

Author: Richard Minter Manager Consulting and Contracts

EXECUTIVE SUMMARY The issue of a significant drainage problem at 25 Hague Street, Rutherford was reported to Council in January, 2003 with a further report updating Council on progress with negotiations on the matter being presented in April, 2003. Further negotiations have been undertaken and are presented for Council's determination.

OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

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15.5 TENDER CONSIDERATION - CONSTRUCTION OF TEN (10) NETBALL COURTS AT MAITLAND PARK, MAITLAND

File No: 137/968

Responsible Officer: Brad Everett Group Manager, Service Planning and Regulation

Author: Ross Aquilina Survey Design Officer

EXECUTIVE SUMMARY Tenders for the construction of ten (10) new asphaltic concrete netball courts at Maitland Park are submitted for Council's determination. This report is submitted to Committee of the Whole as it contains confidential information.

OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

(d)(i) commercial information of a confidential nature that would, if disclosed: prejudice the commercial position of the person who supplied it

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15.6 PLANT REPLACEMENT

File No: 137/966 & 137/967

Responsible Officer: Wayne Cone Group Manager City Works & Services

Author: Steven Hodges Manager Fleet & Fabrication Services

EXECUTIVE SUMMARY In accordance with the 2003/04 Plant Replacement Programme adopted by Council on 27 May 2003, quotations were called for the replacement of:

Two (2) Utilities (File No.137/966). One (1) Out front Mower (File No.137/967).

Quotations were also sought for one (1) Trailer for the transportation of the new out front mower.

This report deals with the proposed replacements and purchases, and provides details of the reasons for the replacements and the costs.

OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business

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16 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE

17 CLOSURE

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