Business Papers

1 Business Papers

2nd Ordinary Council Meeting

Tuesday, 26 September 2017 5.30pm

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Notice of Meeting

To the Lord Mayor and Aldermen

You are invited to attend a 2nd Ordinary Council Meeting to be held in the Council Chambers, Level 1, Civic Centre, Harry Chan Avenue, Darwin, on Tuesday, 26 September 2017, commencing at 5.30pm.

B P DOWD CHIEF EXECUTIVE OFFICER

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Ordinary Council Meeting Tuesday, 26 September 2017 5.30pm Guests

From 5.30pm Mr Andrew Kirman, Chief Executive Officer, and Ms Louise McCormick, General Manager Transport and Civil Services, from the Department of Infrastructure, Planning and Logistics will be in attendance from 5.30pm to brief the Council on Barneson Boulevard at the Open Section of the Meeting.

From 6.00pm Mr Don Milford, President, Darwin RSL, will be in attendance from 6.00pm to brief the Council on the Darwin Cenotaph Renewal at the Open Section of the Meeting.

3 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 4 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/4

CITY OF DARWIN

SECOND ORDINARY MEETING OF THE TWENTY-SECOND COUNCIL

TUESDAY, 26 SEPTEMBER 2017

MEMBERS: The Right Worshipful, Lord Mayor, K Vatskalis, (Chair); Member A J Arthur; Member J Bouhoris; Member S Cullen; Member J A Glover; Member G J Haslett; Member R M Knox; Member G Lambrinidis; Member S J Niblock; Member M Palmer; Member P Pangquee; Member R Want de Rowe; Member E L Young.

OFFICERS: Chief Executive Officer, Mr B P Dowd; Acting General Manager City Performance, Mr R Iap; General Manager City Operations, Mr L Cercarelli; General Manager City Life, Ms A Malgorzewicz; General Manager City Futures, Mr G Rosse; Committee Administrator, Mrs P Hart.

GUESTS: Mr Andrew Kirman, Chief Executive Officer, and Ms Louise McCormick, General Manager Transport and Civil Services, from the Department of Infrastructure, Planning and Logistics will be in attendance from 5.30pm to brief the Council on Barneson Boulevard.

Mr Don Milford, President, Darwin RSL, will be in attendance from6.00pm to brief the Council on the Darwin Cenotaph Renewal.

Enquiries and/or Apologies: Penny Hart E-mail: [email protected] PH: 8930 0670 WEBCASTING DISCLAIMER

The City of Darwin is live webcasting the Open Section of Ordinary Council Meetings. Audio-visual recording equipment has been configured to avoid coverage of the public gallery area and the City of Darwin will use its best endeavours to ensure images in this area are not webcast. However the City of Darwin expressly provides no assurances to this effect and in the event your image is webcast, you will by remaining in the public gallery area be taken to have given the City of Darwin a non-exclusive licence to copy and broadcast your image worldwide for no reward.

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/4 4 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 5 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/5

* * * INDEX * * * PAGE

1. ACKNOWLEDGEMENT OF COUNTRY ...... 8

2. THE LORD’S PRAYER ...... 8

3. MEETING DECLARED OPEN ...... 8

4. APOLOGIES AND LEAVE OF ABSENCE ...... 8

5. ELECTRONIC MEETING ATTENDANCE ...... 8

6. DECLARATION OF INTEREST OF MEMBERS AND STAFF ...... 9

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING/S

7.1 Ordinary Council Meeting 12/09/17 ...... 9 7.2 Business Arising ...... 9

8. MATTERS OF PUBLIC IMPORTANCE ...... 9

9. DEPUTATIONS AND BRIEFINGS

9.1 Barneson Boulevard ...... 10 9.2 Darwin Cenotaph Renewal ...... 10

10. PUBLIC QUESTION TIME ...... 11

11. CONFIDENTIAL ITEMS

11.1 Closure to the Public for Confidential Items ...... 11 11.2 Moving Open Items Into Confidential ...... 11 11.3 Moving Confidential Items Into Open ...... 11

12. PETITIONS ...... 11

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/5 5 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 6 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/6

13. NOTICE(S) OF MOTION

13.1 6 month trial of non-enforced on-street parking time limits in the CBD on weekends and public holidays ...... 12 13.2 Outdoor Dining Fees in the CBD ...... 14 13.3 Community Council Meetings ...... 16 13.4 Barneson Boulevard ...... 18 13.5 Rainbow Markings Retention ...... 20 13.6 Non-voting Penalty ...... 22 13.7 Parking Times at Nightcliff Shopping Centre ...... 24 13.8 Regulation of Poultry ...... 26

14.1 OFFICERS REPORTS (ACTION REQUIRED)

14.1.1 Darwin Cenotaph Renewal - Consultation Outcomes ...... 29 14.1.2 Election of Members to Committees and Delegation ...... 72

14.2 OFFICERS REPORTS (RECEIVE & NOTE)

14.2.1 Monthly Financial Report - August 2017 ...... 88 14.2.2 Parap Pool Redevelopment Update September 2017 ...... 99

15. TOWN PLANNING REPORT/LETTERS

15.1 Council Responses to Planning Applications - September 2017 ...... 107 15.2 Concurrent Application - Rezone and Subdivision PA2017/0178 - Part Section 4262 (74) Amy Johnson Avenue, Berrimah ...... 123

16. INFORMATION ITEMS AND CORRESPONDENCE RECEIVED

16.1 Incoming Letter - Minister for Infrastructure and Transport - 2017 Darwin Airport Draft Master Plan ...... 185

17. REPORTS OF REPRESENTATIVES ...... 185

18. QUESTIONS BY MEMBERS ...... 185

19. GENERAL BUSINESS ...... 185

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/6 6 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 7 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/7

20. DATE, TIME AND PLACE OF NEXT ORDINARY COUNCIL MEETING ...... 185

21. CLOSURE OF MEETING TO THE PUBLIC ...... 185

22. ADJOURNMENT OF MEETING AND MEDIA LIAISON ...... 185

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/7 7 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 8 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/8

1. ACKNOWLEDGEMENT OF COUNTRY

2. THE LORD’S PRAYER

3. MEETING DECLARED OPEN

4. APOLOGIES AND LEAVE OF ABSENCE Common No. 2695036

4.1 Apologies

4.2 Leave of Absence Granted

THAT it be noted Member G Lambrinidis is an apology due to a Leave of Absence previously granted on 12 September 2017 for the period 6 September to 7 October 2017.

4.3 Leave of Absence Requested

5. ELECTRONIC MEETING ATTENDANCE Common No. 2221428

5.1 Electronic Meeting Attendance Granted

THAT Council note that pursuant to Section 61 (4) of the Local Government Act and Decision No. 21\0009 – 15/04/12, the following member(s) was granted permission for Electronic Meeting Attendance at this the Second Ordinary Council Meeting held on Tuesday, 26 September 2017:

 Member G Lambrinidis

5.2 Electronic Meeting Attendance Requested

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/8 8 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 9 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/9

6. DECLARATION OF INTEREST OF MEMBERS AND STAFF Common No. 2752228

6.1 Declaration of Interest by Members

6.2 Declaration of Interest by Staff

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING/S Common No. 1955119

7.1 Confirmation of the Previous Ordinary Council Meeting

THAT the tabled minutes of the previous Ordinary Council Meeting held on Tuesday, 12 September 2017, be received and confirmed as a true and correct record of the proceedings of that meeting.

7.2 Business Arising

8. MATTERS OF PUBLIC IMPORTANCE

9. DEPUTATIONS AND BRIEFINGS

9.1 Barneson Boulevard Common No. 2116605

Mr Andrew Kirman, Chief Executive Officer, and Ms Louise McCormick, General Manager Transport and Civil Services, from the Department of Infrastructure, Planning and Logistics will be in attendance from 5.30pm to brief the Council on Barneson Boulevard.

9.2 Darwin Cenotaph Renewal Common No. 3171870

Mr Don Milford, President, Darwin RSL, will be in attendance from 6.00pm to brief the Council on the Darwin Cenotaph Renewal.

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/9 9 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 10 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/10

10. PUBLIC QUESTION TIME

11. CONFIDENTIAL ITEMS Common No. 1944604

11.1 Closure to the Public for Confidential Items

THAT pursuant to Section 65 (2) of the Local Government Act and Regulation 8 of the Local Government (Administration) Regulations the meeting be closed to the public to consider the following Confidential Items:-

Item Regulation Reason

C24.1 8(c)(iv) information that would, if publicly disclosed, be likely to prejudice the interests of the council or some other person C27.18(c)(iv) information that would, if publicly disclosed, be likely to prejudice the interests of the council or some other person

C27.2.1 8(d) information subject to an obligation of confidentiality at law, or in equity

11.2 Moving Open Items Into Confidential

11.3 Moving Confidential Items Into Open

12. PETITIONS

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/10 10 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 11 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/11

13. NOTICE(S) OF MOTION

13.1 6 month trial of non-enforced on-street parking time limits in the CBD on weekends and public holidays Common No. 1952026

The Notice of Motion raised by the Lord Mayor is Attachment A.

THAT Council undertake a 6 month trial of non-enforced on street parking time limits in the CBD on weekends and public holidays.

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/11 11 12

12 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 13 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/12

13.2 Outdoor Dining Fees in the CBD Common No. 180516

The Notice of Motion raised by the Lord Mayor is Attachment B.

THAT a report be presented to Council in November outlining the financial and non- financial implication of a 12 month moratorium on outdoor dining fees in the CBD.

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/12 13 14

14 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 15 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/13

13.3 Community Council Meetings Common No. 2695130

The Notice of Motion raised by the Lord Mayor is Attachment C.

THAT Council hold three Ordinary Council Meetings in community locations, as follows:-

 2nd Ordinary Council Meeting, February 2018 – Casuarina Library  2nd Ordinary Council Meeting, April 2018 – Parap Primary School  2nd Ordinary Council Meeting, July 2018 – Karama Library

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/13 15 16

16 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 17 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/14

13.4 Barneson Boulevard Common No. 2116605

The Notice of Motion raised by Member S J Niblock is Attachment D.

THAT Council request that the Northern Territory Government prepare a report for council outlining alternative options for Barneson Boulevard that do not dissect the Frog Hollow precinct, comprising Lots 5665 and 5672.

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/14 17 18

21 September 2017

NOTICE OF MOTION

SUBJECT: Barneson Boulevard – alternative options COMMON NO: 2116605

I give notice that at the Second Ordinary Council Meeting on 26 September 2017, I will be moving the following motion:-

REASON:

There is considerable public concern regarding the proposed route for Barneson Boulevard. The loss of public green open space for another major arterial link to the city has not been justified and the public have only become aware of the project once advance designs have been completed and locked in.

This motion will allow Council and the public to consider the project in a more informed manner.

Alderman Simon Niblock

Signed by me at Darwin this 21st day, September 2017

18 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 19 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/15

13.5 Rainbow Markings Retention Common No. 3573214

The Notice of Motion raised by Member E L Young is Attachment E.

A. THAT the rainbow markings at the Smith Street and Knuckey Street intersection remain there following the conclusion of the Darwin Pride Festival 2017.

B. THAT a review of its permanent retention and maintenance needs takes place within 12 months.

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/15 19 20

20 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 21 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/16

13.6 Non-voting Penalty Common No. 3193634

The Notice of Motion raised by Member G J Haslett is Attachment F.

THAT Council take necessary action to fine those Darwin residents without a valid reason not to vote in the recent Local Government Elections.

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/16 21 ATTACHMENT F 22

22 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 23 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/17

13.7 Parking Times at Nightcliff Shopping Centre Common No. 3399523

The Notice of Motion raised by Member R M Knox is Attachment G.

THAT Council immediately convert the 1 hour parking zone on Progress Drive adjacent to the Nightcliff Shopping Centre to a 2 hour zone and complete the review of the management of other timed and untimed car parking and consider the effect of overflow parking on surrounding streets.

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/17 23 ATTACHMENT G 24

21 September 2017

NOTICE OF MOTION

SUBJECT: Parking times at Nightcliff Shopping Centre

I give notice that at the First Ordinary Council Meeting on 12 September 2017, I will be moving the following motion:-

THAT Council immediately convert the 1 hour parking zone on Progress Drive adjacent to the Nightcliff Shopping Centre to a 2 hour zone and complete the review of the management of other timed and untimed carparking and consider the effect of overflow parking on surrounding streets.

REASON: For sometime the public and business owners have been complaining that their businesses are suffering because people cannot spend more than 1 hour at the Nightcliff shops or the library without getting a parking ticket. There are many ½ hour car parks that can remain ½ hour parks.

Please see attached research interviews submitted to the last Council.

Signed by me at Darwin this 21 September 2017

1 24 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 25 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/18

13.8 Regulation of Poultry Common No.

The Notice of Motion raised by Member R M Knox is Attachment H.

THAT Council prepare a report on the keeping of poultry (such as roosters and chickens) in the City of Darwin municipality to be considered by the City Life Committee and to come to Council in November 2017.

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/18 25 ATTACHMENT H 26

20 September 2017

NOTICE OF MOTION

SUBJECT: Regulation of poultry

I give notice that at the Second Ordinary Council Meeting on 26 September 2017, I will be moving the following motion:-

REASON: I have received a number of complaints about roosters and chickens kept by neighbours within the City of Darwin municipality. I have referred these people to the Health Department and to the EPA but neither the Department nor the Agency has been able to assist in resolving their complaints that relate to noise and smell problems. I would like the report to address ways of dealing with these complaints.

Signed by me at Darwin this Wednesday, 20 September 2017

1 26 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 27 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/19

14.1 OFFICERS REPORTS (ACTION REQUIRED)

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/19 27 28

ENCL: 2ND ORDINARY COUNCIL MEETING/OPEN AGENDA ITEM: 14.1.1 YES

DARWIN CENOTAPH RENEWAL - CONSULTATION OUTCOMES

REPORT No.: 17CL0011 SJ:kl COMMON No.: 3171870 DATE: 26/09/2017

Presenter: Manager Engagement and Participation, Sheree Jeeves

Approved: General Manager City Life, Anna Malgorzewicz

PURPOSE

The purpose of this report is to present to Council the outcomes of the community consultation on the Darwin Cenotaph renewal proposed by Darwin RSL.

LINK TO STRATEGIC PLAN

The issues addressed in this Report are in accordance with the following Goals/Strategies as outlined in the ‘Evolving Darwin Towards 2020 Strategic Plan’:-

Goal 4 Historic and Culturally Rich City Outcome 4.1 Recognised key activities and events Key Strategies 4.1.2 Promote Darwin’s war time, military and aviation history

KEY ISSUES

 The Darwin RSL has been offered a $1M grant from the Australian Government for the renewal of the Darwin Cenotaph.  Darwin RSL submitted a concept for the Darwin Cenotaph renewal to Council in May 2017 which was supported for the purposes of community consultation (Attachment A).  Darwin RSL engaged True North Strategic Communication to deliver the consultation process, which ran from 27 July to 1 September 2017.  The outcomes of the community consultation are provided at Attachment B.

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PAGE: 2 REPORT NUMBER: 17CL0011 SJ:kl SUBJECT: DARWIN CENOTAPH RENEWAL - CONSULTATION OUTCOMES

RECOMMENDATIONS

A. THAT Report Number 17CL0011 SJ:kl entitled Darwin Cenotaph Renewal - Consultation Outcomes, be received and noted.

B. THAT Council provide in principle support for the renewal of the Darwin Cenotaph subject to the revision of the concept to reflect the feedback from the community consultation.

C. THAT Council recommend the Darwin RSL work with the Bombing of Darwin and Military History Advisory Committee to revise the Darwin Cenotaph renewal concept to reflect the community feedback from the consultation report at Attachment B to Report Number 17CL0011 SJ:kl entitled Darwin Cenotaph Renewal - Consultation Outcomes.

D. THAT a further report be presented to Council following the resolution of the revised Darwin Cenotaph renewal concept.

BACKGROUND

The Darwin City Centre Master Plan identifies the Cenotaph as an important area to be retained and upgraded for defence memorials and commemorations. The Master Plan concept builds a connection to the history of the area whilst retaining the formal, solemn character of the site (Attachment C).

In May 2017 the Darwin RSL presented a concept for the renewal of the Darwin Cenotaph which was supported for the purposes of community consultation.

DISCUSSION

The Darwin Cenotaph commemorates the sacrifice of Australian servicemen and women who have served in conflicts in which Australia has been involved. The Cenotaph was first erected outside Government House in 1921. Funds for the Cenotaph were subscribed by various organisations and committees throughout the Territory. A dedication service was held in April 1921 when the monument was erected. Attachment D provides a Northern Territory Times article from 1921 which describes the service with the monument being entrusted to the keeping of the Darwin Town Council by the Soldiers Monument Committee. In handing over the monument Mr Percy Kelsey, Hon Secretary to the Soldiers Monument Committee stated:

On behalf of the committee representing the citizens of the Northern Territory who have subscribed towards placing this memorial here I now place in your keeping as Mayor of this town, this token of their appreciation and regard, and I trust that the memories of what our men have done for us may inspire yours and successive Councils with a true appreciation of the seriousness of your trust and that it may enable them to tend to this monument with reverential and affectionate care.

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PAGE: 3 REPORT NUMBER: 17CL0011 SJ:kl SUBJECT: DARWIN CENOTAPH RENEWAL - CONSULTATION OUTCOMES

The Cenotaph was relocated to the Civic Centre in 1970 and to its current location in Bicentennial Park in 1992. Darwin’s Cenotaph is a declared object on the Heritage Register. It was nominated in September 1996 and declared by the Minister in June 2000. The Instrument of Declaration of Heritage Object is Attachment E. The following information has been extracted from the listing on the Heritage Register:

The monument is comprised of a marble column surmounted on a square base weighing 7.65 tonne. It is 5.5 metres high surmounted by a marble ball. The ball was to be replaced by a bronze figure but this has never been undertaken. The base of the monument weighs over seven and a half tons.

Darwin Cenotaph was the first official memorial to be erected in the Northern Territory. Dedicated on 24 April 1921 it was unveiled by the Administrator F.C. Urquhardt at Liberty Square, the area in front of the Administrator’s residence. It was erected to commemorate those who lost their lives in the First World War.

The cenotaph is a simple aesthetic design held in high esteem and highly valued by the community as a symbol of those who died in war overseas and on Australian soil in defence of their country. It represents part of the social fabric of a community and is the focal point at which the community congregates at times of Territory and National memorial in association with the defence forces. It is a focal point and a solemn reminder of the effects of major wars, which have affected the community. Its importance to the community has been demonstrated through the efforts that have been taken to relocate it twice since its erection.

In 1971 the monument was re-erected in the Civic Centre Gardens, as Liberty Square became too small to hold commemorative services. In 1989 a larger site was again required. In 1990 the monument was re-erected on the Esplanade. In 1999 it was again moved 5 metres along the esplanade to provide a better orientation for commemorative services and as part of a refurbishment programme.

The monument overlooks Darwin Harbour from which all men left during the First World War and would have been one of the last familiar sites the men would have seen as they sailed off to war. It overlooks the harbour where so many died during the Japanese air attack on 19 February 1942 and is located on the site where the guns of the 14th Anti-Aircraft Battery were positioned and which fired the first shots in defence of Australia on Australian soil during the Second World War.

The Cenotaph has continued to be an important monument to recognise and commemorate the sacrifice of Australian service men and women. On ANZAC Day 2016 a ceremony was held and a plaque added to the Cenotaph in honour of Katherine soldier Scott Palmer who lost his life in Afghanistan in 2010. The Cenotaph bears the names of all Territorians who have sacrificed their life in defence of our nation.

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PAGE: 4 REPORT NUMBER: 17CL0011 SJ:kl SUBJECT: DARWIN CENOTAPH RENEWAL - CONSULTATION OUTCOMES

The President of Darwin RSL presented to Council a Cenotaph renewal concept (Attachment A) at the 16 May 2017 Council meeting which was supported for the purposes of community consultation.

The renewal concept includes:

 removing old flagpoles and relocating and installing 14 metre flagpoles  constructing a disabled access ramp to the Cenotaph  erecting an eternal flame on a four metre high column  removing seven trees from the proposed site (four Milkwood trees, two Dillenia indica commonly known as Elephant Apple, and one Calophyllum inophyllum commonly known as Beauty Leaf)  trimming several trees near the proposed monument site  installing a 12 metre Bombing of Darwin monument  installing six interpretive walls with etched stories and imagery telling the Bombing of Darwin story.

True North Strategic Communication was engaged to carry out the consultation process on behalf of Darwin RSL. The consultation ran for a five week period and the feedback received included 49 written submissions, 9 verbal submissions, 5 individual meetings and 14 people attended a community meeting.

The feedback from the consultation showed there are aspects of the proposal that the community are supportive of, but there are other aspects which are generally not supported.

The consultation report is provided at Attachment B. A summary of the feedback received through the consultation process includes:

Supported with Generally supported Generally opposed conditions/amendments Eternal flame at the Using gun imagery in a Existing monument design to Darwin Cenotaph monument at the be located at East Point An interpretation of the waters Cenotaph Include Larrakia people's war of reflection at the Cenotaph Existing monument design as efforts in story (eg. Black Watch) at is at the Cenotaph the Cenotaph Recognition of the Bombing of Darwin Removing any trees near Disabled access ramp for the Cenotaph Planting additional trees at Incorporate trees in new the Cenotaph monument design

The Darwin Cenotaph is highly valued by the Darwin community. The consultation process has provided insight into the views and aspirations of the community with regard to the Cenotaph site and the renewal concept. It is recommended that this information is used to revise the concept to develop a proposal which will be embraced by the Darwin community and enhance the importance of the site in commemorating the sacrifice of Australian servicemen and women. It is

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PAGE: 5 REPORT NUMBER: 17CL0011 SJ:kl SUBJECT: DARWIN CENOTAPH RENEWAL - CONSULTATION OUTCOMES

recommended that the Darwin RSL work with the Bombing of Darwin and Military History Committee to achieve this.

The Darwin RSL indicated that they are considering changes to the concept since receiving the feedback from the community consultation, however the details of these changes were not available at the time of writing this report and will be included in the presentation by Darwin RSL.

CONSULTATION PROCESS

In preparing this report, the following External Parties were consulted:

 Darwin RSL

POLICY IMPLICATIONS

Nil

BUDGET AND RESOURCE IMPLICATIONS

There is no expectation for the City of Darwin to contribute funds towards this project.

There have not been any detailed designs or costings completed on the renewal concept at this stage.

RISK/LEGAL/LEGISLATIVE IMPLICATIONS

There is a risk of community backlash if the consultation findings are not considered in the decision making process for the Darwin Cenotaph.

ENVIRONMENTAL IMPLICATIONS

The Cenotaph Renewal concept requires the removal of seven trees, including four Milkwood trees. Darwin RSL proposes to plant an additional ten Milkwood trees in Bicentennial Park to compensate for the loss of trees.

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PAGE: 6 REPORT NUMBER: 17CL0011 SJ:kl SUBJECT: DARWIN CENOTAPH RENEWAL - CONSULTATION OUTCOMES

COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION

We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter.

SHEREE JEEVES ANNA MALGORZEWICZ MANAGER ENGAGEMENT AND GENERAL MANAGER CITY LIFE PARTICIPATION

For enquiries, please contact Anna Malgorzewicz on 89300633 or email: [email protected]

Attachments:

Attachment A: Darwin Cenotaph Renewal Concept Attachment B: Darwin Cenotaph Renewal Consultation Report Attachment C: Darwin City Centre Master Plan Cenotaph Upgrade Concept Attachment D: Northern Territory Times Article April 1921 Attachment E: Instrument of Declaration of Heritage Object – Darwin Cenotaph

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FRONTLINE SCULPTURE PERSPECTIVE IN CONTEXT

DATE DARWIN RSL SUB-BRANCH — CENOTAPH APRIL2017 34 35

Darwin Cenotaph redevelopment project Consultation report Prepared by True North Strategic Communication September 2017

Version No. Issue Date Prepared by: Approved by: Approval Date V1

V2 V3

Recipients are responsible for eliminating all superseded documents in their possession.

Darwin Cenotaph redevelopment project consultation September 2017 35 36

Table of Contents

Executive summary ...... 3 Background ...... 5 Methodology ...... 7 Level of engagement ...... 7 Consultation objectives ...... 7 Approach ...... 8 Tools and tactics ...... 8 Findings ...... 13 Key themes ...... 13 Key values ...... 18 Ideas and suggestions ...... 19 Recommendations ...... 20

Darwin Cenotaph redevelopment project consultation report 2017 2 36 37

Executive summary

Darwin RSL is proposing to redevelop the Darwin Cenotaph located in Bicentennial Park at The Esplanade.

Darwin RSL, with some guidance from the City of Darwin, identified the Cenotaph as the site for the eternal flame based on its historical significance and proximity to the waters of Darwin Harbour, which will act as the water’s of reflection. The concept was developed by design consultants Rubicon who initially prepared two ideas, with one concept selected by the Darwin RSL. The current concept was selected by Darwin RSL as they felt it told the emotional story of defending Darwin and captured a well-recognised image used in annual Bombing of Darwin commemorations that would resonate with the wider community.

The proposed Cenotaph redevelopment included:

• removing old flagpoles and relocating and installing 14 metre flagpoles • constructing a disabled access ramp to the Cenotaph • erecting an eternal flame on a four metre high column • removing seven trees from the proposed site, including four Milkwood trees • trimming several trees near the proposed monument site • installing a 12 metre Bombing of Darwin monument • installing six interpretive walls with etched stories and imagery telling the Bombing of Darwin story.

Consultation As independent consultants, True North Strategic Communication (True North) was engaged by Darwin RSL to consult with the community and key stakeholders on the proposal. The consultation program ran for five weeks from 27 July to 1 September 2017. The initial three-week consultation period was extended for two weeks in response to strong community interest in the proposal. This report outlines the findings of the consultation process. Media Proactive media releases and interview opportunities with RSL Darwin President Don Milford resulted in a wide audience being reached, particularly through follow up social media. ABC News Radio, Local Programs and the Northern Territory News gave consistent coverage to the consultation for the redevelopment, which resulted in two print articles and three radio interviews. The resulting social media response saw posts about the redevelopment by True North and Darwin RSL reaching 1820 people. Findings Feedback on this consultation was provided through 58 written and verbal submissions, five one-on-one meetings and a community event, which 14 people attended. The key themes raised throughout the consultation include:

• attitudes towards existing Darwin Cenotaph • removal of trees • monument design and image • eternal flame

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• water’s of reflection • interpretive walls • access ramp • significance of The Esplanade.

A summary of the overall feedback gathered during the consultation is presented below:

Supported with Generally supported Generally opposed conditions/amendements 1. Eternal flame at the Darwin 1. Using gun imagery in a 1. Existing monument design to be Cenotaph monument at the Cenotaph located at East Point 2. An interpretation of the water's of 2. Existing monument design as is 2. Include Larrakia people's war efforts reflection at the Cenotaph at the Cenotaph in story (eg. Black Watch) at the 3. Recognition of the Bombing of 3. Removing any trees near the Cenotaph Darwin Cenotaph 3. Combine eternal flame with water's of reflection 4. Disabled access ramp for the Cenotaph 4. Use a different image in the monument design 5. Planting additional trees at the 5. Incorporate trees in new monument Cenotaph design

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Background

The proposal Darwin RSL is proposing to redevelop the Darwin Cenotaph located in Bicentennial Park at The Esplanade.

The Cenotaph commemorates the sacrifice of Australian servicemen and women who have served in conflicts in which Australia has been involved. The memorial was originally erected outside Government House in 1921 to commemorate those who had served in World War I. It was relocated to the Civic Centre in 1970 and to its present location in Bicentennial Park in 1992. The location of the monument at Bicentennial Park is historically significant as it overlooks Darwin Harbour where servicemen left from during World War I and where many people died during the Bombing of Darwin in World War II. It is reportedly located on the site where the guns of the 14th Anti-Aircraft Battery were positioned and fired the first shots in defence of Darwin during World War II. Darwin is the only capital city in Australia that does not have an eternal flame at its Cenotaph. The eternal flame symbolises life and the nation’s gratitude towards, and remembrance of, the lives that have been given during war. Together with the water’s of reflection, the eternal flame represents a peaceful space where people may pause for a moment of quiet contemplation.

Following some initial guidance from the City of Darwin, the Darwin RSL identified the Cenotaph as the site for the eternal flame based on its historical significance and proximity to the waters of Darwin Harbour, which will act as the water’s of reflection. The concept was developed by design consultants Rubicon who initially prepared two ideas, with one selected by the Darwin RSL. The current concept was selected by Darwin RSL as they felt it told the emotional story of defending Darwin and captured an image of the 14th Anti-Aircraft Battery used in annual Bombing of Darwin commemorations that would resonate with the wider community.

The proposed Cenotaph redevelopment will include:

• removing old flagpoles and relocating and installing 14 metre flagpoles • constructing a disabled access ramp to the Cenotaph • erecting an eternal flame on a four-metre-high column • removing seven trees from the proposed site, including four Milkwood trees • trimming several trees near the proposed monument site • installing a 12 metre Bombing of Darwin monument • installing six interpretive walls with etched stories and imagery telling the Bombing of Darwin story.

The Darwin RSL and Northern Territory Government Architect Professor Lawrence Nield said the concept was chosen for the Darwin Cenotaph because it offered a great opportunity to attract more tourists to help revitalise Darwin’s CBD. The vision was for the new proposed monument to be iconic world-wide and attract thousands more tourists who visit military monuments around the world. Tourism NT figures reported in their Tourism Research Australia’s National Visitor Survey, stated that 154 000 people who stayed overnight in the Northern Territory visited history/heritage buildings, sites or monuments in the year ending March 2017.

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The Tourism NT publication Interest in Military Heritage Research Summary, found more people have a stronger interest in the stories, lives and experiences of people who lived and died in war time and it was critical that military heritage experiences needed to be authentic to the story of the destination and an engaging place to visit.

Existing Cenotaph Proposed Cenotaph redevelopment

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Methodology Level of engagement True North Strategic Communication (True North) is a member of the International Association for Public Participation (IAP2) and its staff are trained and experience practitioners. Our practice is guided by the IAP2 Core Values (www.iap2.org.au): • the public should have a say in decisions about actions that could affect their lives • public participation includes the promise that the public’s contribution will influence the decision • public participation promotes sustainable decisions by recognising and communicating the needs and interests of all participants, including decision makers • public participation seeks out and facilitates the involvement of those potentially affected by or interested in a decision • public participation seeks input from participants in designing how they participate • public participation provides participants with the information they need to participate in a meaningful way • public participation communicates to participants how their input affected the decision. Using the IAP2 principles that guide good community engagement, consultation for this project was conducted at the level of inform and consult.

LEVEL OF PROMISE TO THE PUBLIC ENGAGEMENT Inform We will keep you informed Consult We will listen to your concerns, keep you informed, and provide feedback on how stakeholder’s input influenced the decision Involve We will work with you to ensure your concerns are reflected in the alternatives developed, and provide feedback on how the public’s input influenced the decision Collaborate We will look to you for advice, ideas and solutions and incorporate those into the decisions as much as possible Empower We will implement what you decide ©International Association of Public Participation www.iap2.org

Consultation objectives The goal of the consultation was to develop a clear understanding of community and stakeholder views on the Cenotaph redevelopment project, including an understanding of issues, needs and opportunities to support the project. The objectives of this consultation program were to:

• ensure stakeholders had a good understanding of the consultation program and why it was happening • listen to stakeholders and gather feedback on their needs, issues and values • provide information on the project that created context and allowed for informed discussion • help manage expectations about the consultation program.

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Approach The consultation program ran for five weeks from 27 July to 1 September 2017. The initial three-week consultation period was extended for two weeks in response to strong community interest in the proposal. The information sought during consultation included: • the values and connections people have with the area • how people currently use the area • any existing issues they have • any concerns about the proposed development • how those concerns could be addressed. The approach was proactive in seeking out stakeholders with a vested interest in the project and listening to their views. One-on-one meetings were offered to key stakeholders who were identified as having an initial interest in the redevelopment project to gain a deeper understanding of community views and to give all stakeholders with a vested interest full opportunity to engage in the process. In total, 16 key stakeholders were identified and contacted for meetings (please see list below). Of these, five participated in one-on-one meetings.

Tools and tactics Communication materials A range of communication materials were developed to use during consultation, including:

• direct letter to key stakeholders • fact sheet • map illustrating the concept design • video fly-through of the monument design • media release • public notice in the Northern Territory News advertising the start of consultation • public notice in the Northern Territory News advertising the public information display.

^Some of the materials used during consultation

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Communication methods The communication methods included: • Facebook • website • one-on-one meetings • community event • media promotion • centralised phone number and email address. Media True North prepared and sent out three media releases to promote the start of community consultation, advertise the community information event and to announce that consultation had been extended by two weeks. As a result, the proposal attracted a significant amount of media coverage. RSL President Don Milford participated in three radio interviews with ABC Darwin, which aired in the local program and as news radio stories, and two stories were published in the Northern Territory News. ABC Darwin also featured the proposal on its Facebook page in two separate posts which attracted more than 200 comments and over 60 shares, combined. Many of these comments were not in support of removing trees.

^ Facebook post by ABC Darwin Facebook Darwin RSL published two Facebook posts promoting the project and consultation. The posts were shared with Darwin RSL’s network and had a combined reach of 220 people. True North also shared two posts on Facebook, which attracted a combined reach of more than 1600 people.

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^Facebook posts by True North Website To ensure the materials were accessible to the general public, a specific web page was developed for the Darwin Cenotaph redevelopment project on the Darwin RSL sub-branch website. The page included information on the project, the fact sheet, video fly-through and contact details.

^Darwin Cenotaph redevelopment project webpage Meetings One-on-one meetings were offered to stakeholders who were identified as likely to have an interest in or be impacted by the project. Five one-on-one meetings were conducted with key stakeholders. One-on-one meetings provided a forum for stakeholders to hear about the project in a direct and personal way, raise any concerns and ask questions. The Darwin RSL President also attended several of these meetings

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to provide background to the project and explain the reasons the Darwin RSL proposed the redevelopment. Discussions were documented and some chose to also provide a written submission (see appendix A). The following organisations and individuals were contacted for one-on-one meetings, although not all chose to participate:

Nearby organisations and commercial properties •Admiralty Tower •Char Restaurant •Palms City Resort Historical groups •Heritage Advisory Council •Historical Society of the Northern Territory •National Trust Indigenous groups •Larrakia Development Corporation •Larrakia Nation Aboriginal Corporation •Northern Australian Indigenous Land and Sea Management Alliance •Northern Land Council

Community and interest groups

•Environment Centre NT •Planning Action Network NT Government •City of Darwin •Department of Chief Minister and Office of Aboriginal Affairs •Department of Tourism and Culture •Elected representatives Meetings were conducted with representatives from Admiralty Tower, Larrakia Nation Aboriginal Corporation, Environment Centre NT and Planning Action Network. Darwin RSL also met separately with the Larrakia Development Corporation. The remaining stakeholders were contacted at least three times by email and phone to set up a meeting, but the opportunity was not taken up. Community event A community event was held at Darwin RSL on Tuesday 15 August as part of the consultation program. Interested parties were invited to attend a public information display where they could view the concept and learn more about its significance to the Darwin RSL and its members. The community event included speakers from Darwin RSL, including President Don Milford and Vietnam veteran Bob Shewring, the Northern Territory Government Architect Professor Lawrence Nield and Rubicon, and was separated into two sessions. Each session followed the same format, which included a presentation on the project and context around the significance of the design. Questions were then taken at the end of each segment of the presentation. The first session began at 3:30pm and was open to electoral candidates for local government, which was in the middle of a mayoral and aldermen election. Three candidates attended the session and provided feedback on the concept. The second session was held at 5:00pm and open to the general public. Approximately 11 community members attended this session and provided feedback on the concept.

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A fact sheet, video fly-through and model of the concept were displayed at the event and people had the opportunity to ask questions and speak directly with Rubicon, Professor Nield and Darwin RSL members. Feedback was recorded and any queries that were raised were followed up after the community event. Centralised phone and email As independent consultants undertaking the community consultation, True North acted as the point of contact for all phone and email queries and feedback during the consultation program. This ensured all information was recorded faithfully and simplified the process as people knew who to contact if they had queries or wanted to make submissions.

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Findings

Formal feedback was provided during community consultation through one-on-one meetings, written and verbal submissions, and a community event. People generally preferred to provide written submissions, with participation in one-on-one meetings and the community event relatively low, with the offer of a meeting not taken up by a number of stakeholders despite each stakeholder being contacted at least three times by phone and email. This could be explained by the timing of consultation coinciding with the mayoral election, Darwin Cup and Darwin Festival.

Approximately 9 phone calls 14 people 49 written to provide 5 one-on-one attended submissions verbal meetings community feedback event with input recorded

In addition to the feedback received through the formal methods, a significant amount of discussion and feedback on the proposal took place on social media. Consultation took place during the middle of a highly publicised mayoral and alderman election, where many electoral candidates campaigned on a Greens platform. At the same time the Northern Territory Government released the city vision, which emphasised greening Darwin, and included a concept for redeveloping the Darwin Cenotaph, see below (Darwin City Centre Masterplan).

Key themes Based on conversations and feedback gathered and recorded throughout the consultation process, people generally indicated: • support for the monument but not at the proposed location • support for the monument but not at the cost of the trees The key themes raised during consultation are outlined below.

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Attitudes Monument Removal of towards existing Larrakia people image and trees Cenotaph design

Water's of Interpretive Eternal flame Access ramp reflection walls

Significance of The Esplanade

Attitudes towards existing Cenotaph The existing Darwin Cenotaph is treasured by the wider community, especially locals who have ties to the military and previous wars. Around 25 per cent of people who provided submissions and participated in discussions said they had ties to the military and felt a personal connection to the existing Cenotaph. When discussing the Cenotaph, a number of people mentioned it had been moved several times and that its current location at The Esplanade is where it should stay. Some people misinterpreted the proposal and thought it involved moving or replacing the existing Cenotaph. This was clarified where possible. Many said they felt the quiet, natural setting of the existing Cenotaph was a fitting tribute to soldiers and also reflected the Territory’s unique character. They also felt that if a Bombing of Darwin memorial was to be developed at the Cenotaph it should reflect this character and tie into the peaceful nature of the area. There were some questions over whether the existing Cenotaph was heritage listed. Some people said that they believed the Cenotaph was a piece of history in itself, as it was initially erected as a humble and small tribute just like Darwin was as a town. This was clarified by the Northern Territory Government Architect Professor Lawrence Nield at the community event, where he stated that the Darwin Cenotaph has been given ‘mobile heritage status’. “The simplicity of the current Cenotaph and it being nestled in the trees makes it poignant.” – Community member Removal of trees The proposed removal of seven trees from behind the existing Cenotaph, including four Milkwood trees was a key area of concern for the community. There was strong sentiment that all trees and vegetation in the area should be retained, with some suggesting the memorial could be redesigned to incorporate the trees. People were mostly concerned that removing the trees would detract from the amenity and character of the area. Many said that due to Darwin’s warm, tropical climate the loss of much-needed shade and greenery in the CBD was not warranted. They suggested the proposal was not in line with the government’s recent plans to “cool” the CBD. People also said the trees along The Esplanade held sentimental value to them, with some referencing former Lord Mayor George Brown, who they believed was responsible for planting many of the trees in the area. There was also ongoing discussion surrounding the age of the trees, particularly the Milkwoods, with many under the impression they could be more than 50 years old. Despite discussion over the age of the trees, the general sentiment was that regardless of their age the trees should not be removed. The images below

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appeared on the Planning Action Network Facebook page in an effort to prove the trees were planted prior to Cyclone Tracy in 1974.

^Trees believed to be at The Esplanade prior to Cyclone Tracy. Photos held by Northern Territory Library. In opposition to this, three aerial photos depicting the current Cenotaph location, formerly used as an oval, were sent with a submission from a community member to show the trees did not appear to be at that location in June 1974, January 1975 and August 2016.

June 1974 January 1975 August 2016

Darwin RSL’s proposal to re-plant 10 Milkwood trees in other areas of The Esplanade received mixed views. While some people welcomed the idea of new trees, most did not want these to replace the already established trees. A community member who attended the community event said he wanted to see the City of Darwin retain sight lines from The Esplanade to Darwin Harbour, particularly controlling trees and shrubbery growing from the coastline below The Esplanade. “These trees take years to grow and cannot be replaced. In Darwin, we need to have shade and a cool environment which these trees provide so under no circumstances should they be removed.” – Community member “The council is complaining the CBD is too hot, and you plan to remove more trees. We need more trees not less and as these trees are years old should be left alone.” – Community member “Please leave the trees be and somehow incorporate them into the design, the area will lose a lot of its harmony and amenity, these trees bring a lot of cooling shade to the area. Without the trees it looks blank, stark, hot, and miserable.” – Community member “The trees are the biggest issue in the community, removing one tree would be too many for the community.” – Planning Action Network representative “I am disappointed that Darwin Council doesn’t retain the sight lines from The Esplanade over the harbour … (this proposal) will maintain these sight lines to connect The Esplanade to the harbour.” – Community member

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Larrakia people The significance of the Milkwood trees to the Larrakia people was raised in several discussions and many wanted to know what the Larrakia people’s stance was on removing them. It should be noted, that an onsite meeting was conducted with the Larrakia Development Corporation and they also provided a submission in support of the proposal. Monument design The design of the monument was another issue raised during consultation, including the image depicted, location, size, limited viewpoint to see the image and materials used. Image There were strong concerns about the image depicted on the monument and its appropriateness at the Cenotaph. While people generally understood and appreciated that the image represents the 14th Anti-Aircraft Battery who defended Darwin in World War II, many said they felt this image glorified violence and killing and was not suited to the solemn and peaceful character of the area. One community member questioned whether the location of the 14th Anti-Aircraft Battery was the place where the first shots were fired in the defence of Darwin during the bombing of Darwin raids, as reported by monument designer and architect – Rubicon. This query was forwarded to the architect to follow up, but a response was not received before the due date of this report. Many suggested they would prefer the monument if there was a different image used in its place, especially one that symbolises peace and harmony. Strong words were used to describe the monument which are captured below in a word cloud. The word cloud, which picks out the most commonly used words, was created using feedback about the monument in the submissions.

^A word cloud showing frequently used words to describe the monument. Abstract design While people generally appreciated the abstract design of the monument, there were some comments that the image would only be noticeable if you stand in front of it. People said they mostly approach the Cenotaph from the left or right and therefore would not be able to see the image, which meant the large 14 metre high poles would not make sense. Size There was also discussion around the size, height and style of the monument. Some said that it was too overbearing for the area and questioned whether the poles needed to be that high and if the number of poles

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could be reduced. Some also suggested that if the poles were a different colour other than black, they would be less intrusive. Feedback from an owner of a nearby apartment building said the proposed redevelopment of the Cenotaph would not affect the views of residents but it would have some influence over the properties and their surrounding amenity. Materials One comment made about the materials used to build the monument was whether they would be black or dark in colour to create the silhouette, and if so, they would absorb the heat from the sun and could potentially become hot to touch during the day. The same person said that if the poles were a lighter colour they would not absorb heat. Location Many people felt that the proposed monument would be better placed at the East Point Military Complex, near the Darwin Military Museum and Defence of Darwin experience. This came through strongly in responses, with many indicating they support a Bombing of Darwin memorial but do not believe it suits the character of The Esplanade and existing Cenotaph. “Monuments depicting military hardware don’t belong in our peaceful city. They would be much more appropriately located at the Darwin Military Museum at East Point.” – Community member “The Cenotaph is an area of quiet reflection and the Military Museum at East Point is an area for war machines, therefore, I propose that this be looked at as the new home of the gun emplacement as it is more appropriate. Basically, these two areas are clearly delineated already and they serve their purpose admirably.” – Community member Eternal flame People generally supported installing an eternal flame at the Cenotaph, with many seeing it as a much-needed and fitting tribute. Many said the proposed eternal flame seemed like an afterthought in the current redevelopment design and was overshadowed by the size and style of the proposed new monument. People said they would prefer to see the eternal flame featured prominently at the Cenotaph instead of the proposed monument. There were a number of suggestions for an eternal flame, such as moving it to the front or behind the Cenotaph and designing a smaller flame within its own enclave that people could step inside and walk around. “Placing a flame to the side like this indicates that it doesn't give it any importance, whereas in front of the Cenotaph indicates that we are keeping the flame alive in remembrance of all those souls lost.” – Local business owner “I believe the erection of an eternal flame monument at the Darwin Cenotaph to be an entirely fitting tribute.” – Community member “The podium flame looks awkward and makes the whole structure look lopsided; they should consider moving it to the front of the Cenotaph. My opinion is that, if moved there, the flame-lit structure would look magical at sunset.” – Community member Water’s of reflection People were generally supportive of the idea behind using Darwin Harbour as the water’s of reflection but they were not supportive of removing the trees to create unobstructed views of the harbour. Some felt the proposal should be redesigned to incorporate a water element instead of relying on the harbour for the water’s of reflection. Suggestions included installing a fountain or another water element which could also reflect the significance of the Larrakia people and a nearby spring they reportedly visited along The Esplanade in the dreamtime.

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“The exact spot where the Cenotaph is located was where there was once a spring which they used to collect fresh water from. I think a concept of a spring of water could be a good idea.” – Nearby resident and property owner Interpretive walls There were mixed views about the interpretive walls, with some feeling their proposed location was out of place and could detract from the Cenotaph and the existing plaques surrounding it. Many said they would prefer the panels positioned closer to the Cenotaph along the pathways where people usually access the area from. A representative of the Larrakia Nation suggested that the interpretive walls, or some element of the new proposed redevelopment, could incorporate the story of Larrakia people involved in war efforts, such as the Black Watch. The Darwin RSL President embraced this idea, and when it was mentioned in stakeholder meetings people were very supportive of the idea of telling the story of the Black Watch and other countries who played a significant role in the Bombing of Darwin. “I agree with the interpretative walls but not where they are proposed. These walls should be located within the Bombing of Darwin memorial.” – Community member “We need more recognition of the Larrakia involvement in significant Defence activities and more public information about their war efforts.” – Larrakia Nation representative Disabled access ramp People were very positive about the proposal to install a disabled access ramp to the Cenotaph. Many felt this was necessary, as long as it was not obvious and positioned at the back of the Cenotaph. “Many of the old servicemen can’t make it up the stairs as they are in wheelchairs.” – Veteran “Agree with this, especially when our vets are getting older. We hope it will make access to the Cenotaph easier for all.” – Community member Significance of The Esplanade It was made clear in discussions that The Esplanade is very important to the community for a number of reasons. Many said they use The Esplanade primarily for recreation and as one of the few green spaces in the CBD, felt strongly that any redevelopment should not impact on the existing amenity of the area. A number of long-time Territorians also talked about the historical significance of The Esplanade, as many of their family members lived there or played football on the old Darwin oval. The significance of the Larrakia people and their history on The Esplanade was also a key topic. Many felt the Larrakia people and their story should be considered and incorporated into the concept design. A representative of the Environment Centre NT said The Esplanade was a place for everyone, and that the proposed monument was dividing the community. “We want something that doesn’t divide the community … going forward it would be great to create something that everyone can embrace.” – Environment Centre NT representative “It’s a very family friendly park and a huge, oversized machine gun doesn’t fit into that.” – Community member

Key values The following is a list of values expressed by people involved in the consultation on the Darwin Cenotaph redevelopment project: • Greenspace • Trees • Cool shade

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• Natural landscape • Quiet and peaceful • History

^A word cloud showing frequently used words to describe The Esplanade and Cenotaph.

A summary of the overall feedback is presented below:

Ideas and suggestions The following list is some of the suggestions and ideas people included in their feedback to incorporate in any potential redevelopment of the Cenotaph and proposed monument or commemoration: • move the eternal flame so it overlooks Darwin Harbour, so the water’s of the harbour, fire of the eternal flame and the trees to symbolise water, fire and land/earth • incorporate the concept of a water spring into the design of a proposed monument or the eternal flame to signify the freshwater spring historically used by the Larrakia people in the area • recognise both the Australian and Japanese soldiers who lost their lives and illustrate in a design that these countries have moved past their roles in World War II and now have a good relationship

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• engage local artists in the process and develop a concept that incorporates the environment such as a garden • tell the story of the Larrakia people and the Black Watch.

Recommendations

Based on feedback provided during community consultation, we recommend Darwin RSL should consider the following: • present the design concept to Historical Society, Heritage Advisory Council and National Trust in further consultation • consult with Bombing of Darwin committee at Darwin Military Museum • consider installing an eternal flame at the existing Cenotaph and the proposed monument at East Point • reconsider the imagery used in the current monument design • retain all trees and revise the proposal so that it includes the trees • consult with the Larrakia Nation on including interpretation of Larrakia people’s effort during war time in the Top End as part of the monument or any redevelopment of the Cenotaph • engage military historian Dr Tom Lewis to research the Black Watch story of the Larrakia people • consult further with the City of Darwin and the Northern Territory Government about the Darwin Cenotaph concept detailed in the Darwin City Centre Masterplan and the Darwin City Deal proposal with the Australian Government www.darwincitydeal.nt.gov.au • investigate whether the removal of the trees near the Cenotaph would impact on the priority to cool the CBD • provide an on-site briefing of the new elected members of the City of Darwin, including how Darwin RSL has revised the proposal according to the feedback in the consultation report.

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Appendix A One-on-one meetings summary

Who Larrakia Nation Aboriginal Corporation Date 9 August 2017 Detail • Confirmed there is no sacred site at this location • The Larrakia people have significantly contributed to the Black Watch and Defence exercises in Darwin • We need more recognition of the Larrakia involvement in significant Defence activities and more public information about their war efforts

Who Admiralty Tower Date 18 August 2017 Detail • Unsure why trees are being removed to create view of the harbour only to be blocked by the new monument • Support the eternal flame but believe it is overshadowed by the bold, imposing monument • Suggestion that the eternal flame incorporate a water element to reflect the significance of the nearby spring for the Larrakia people • Consideration of Larrakia history and significance on the Esplanade • Family lived along the Esplanade and have close ties to the area and family heritage • Plaques on Esplanade were placed there by family members and do not want them removed • The Cenotaph will clearly not affect views directly to the Jalouise properties (68-70 The Esplanade) but certainly has some influence over the properties and their surrounding amenity.

Who Environment Centre Date 21 August 2017 Detail • Issues with the location, symbol of the gun and removal of trees • Monument is better suited at East Point • Would prefer a strategy that meets the needs of entire community

Who Planning Action Network Date 22 August 2017 Detail • The Cenotaph has a ‘Darwin flavour’ and it is in proportion with what is there – it praises the men who went to war to save us and it is a fitting tribute to them • The monument on its own is impressive but doesn’t go with the Cenotaph • The gun is a symbol of death and killing • Monument would be more appropriate at East Point • Support the eternal flame • The trees are the biggest issue in the community, removing one tree would be too many for the community • Support a disabled ramp to be built to the Cenotaph • Important to recognise Larrakia and other Aboriginal involvement in military services and coast watch

Submissions summary

Who Nigel Browne, Land Development Corporation Date 1 August 2017 Correspondence Written Submission Detail • Confirmation of support for development • Initiative will create a more iconic visitor destination and enhance the commemorative services that are held at the Cenotaph throughout the year

Who C and M Date 17 August 2017 Correspondence Written submission Detail • Support for proposal • Removal of trees has to be tempered with the advantages gained by building important commemorative monuments in their place • Building this monument would definitely improve the understanding of the cost of war for Australians and overseas visitors to our country • More importance to the city of Darwin for travellers wanting to see war monuments and understand the story of war

Who Bob Date 30 July 2017

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Correspondence Email Detail • Support for overall proposal, which is sorely needed to enhance the site and its significance • Only concern is the possible lack of definition to interpretive panels showing 14th HAA Bty against the backdrop of established vegetation

Who Georgia Date 1 August 2017 Correspondence Email Detail I just want to say that I do not agree the trees on the esplanade be removed for the RSLs proposed statue. If it could be done without any removal of trees this would leave many relieved as those trees hold sentimental value. Thanks for your time.

Who Stevie Date 1 August 2017 Correspondence Email Detail I have just heard of Darwin RSL's proposal to build a 12m statue of a gun on the esplanade, in the process cutting down a grove of precious old trees. As a Darwin local, I'm outraged by this proposal and am writing to voice my utter disgust at the idea of this going ahead. The tropics are known for breathtaking greenery, and this needs to be valued and protected, reflecting Darwin's unique relationship to nature. Please consider that many Darwin locals are very unhappy about this proposal.

Who Tom Date 2 August 2017 Correspondence Email Detail Every year we are bathed in many sombre remembrances of the terrible events of World War II and other human atrocities. Darwin certainly does not lack for a representation of these blights on human history. While it is important to acknowledge the sacrifice of those who served and were forever affected by war, erecting a huge image of a gun is not the answer. Perhaps recognition of the monsters that propel nations to war (past and present) could be more of a cautionary exercise. Or a memorial to the brutally oppressed countrymen and women, killed defending their lands (this continent) in the Frontier Wars. Please do not disfigure this corner of the Darwin CBD with your sculpture... and leave the trees alone.

Who Heather Date 2 August 2017 Correspondence Email Detail I am writing to express my concerns regarding the redevelopment of the Cenotaph by the Darwin RSL. The Darwin Esplanade's public space should not be used for a monument such as this. The redesign is tacky and tasteless and in my opinion, glorifies armed conflict. The idea of an eternal flame, with its potential danger, unnecessary pollution and outdated symbolism, should also be scrapped. The trees on the Esplanade should certainly not be removed to make way for this and I would be very much against public funding being used for such a project.

Who Karen Date 2 August 2017 Correspondence Email Detail I have been following the news of the RSL's proposal to "revitalize" the Cenotaph on the Esplanade in Darwin City. I object very strongly to some aspects of the proposal, especially: - An 'eternal flame' torch Wasteful, dangerous, polluting and expensive - A reflecting pool Expensive, likely to lead to either mosquito-breeding or water play by children (which is fine in it's place, but obviously contrary to the tone of a war memorial!) - Public funding to be used in this project An unnecessary expense - the current monument is clearly sufficient for the community's needs, as the record number of attendees at the ceremony memorializing the 50th anniversary of the bombing of Darwin shows. We're not likely to forget the sacrifice of our diggers just because a monument is tarnished. To suggest we would is insulting.

Who Carl Date 2 August 2017 Correspondence Email Detail Your proposal looks appalling. The simplicity of the current Cenotaph and it being nestled in the trees makes in poignant. What you propose may be a better fit in a theme park rather than a place of solemn reflection. Leave it alone.

Who Kath Date 2 August 2017

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Correspondence Email Detail I express my dismay at the highly inappropriate, over the top and intrusive proposed redevelopment in Bicentennial Park. Both my grandfathers were in WW1 and my father in WW2. They were very never keen to see gross displays of this kind in all my time with them. There are more modest ways of honouring the past while keeping a measured eye on the future. We are not just a military town, we are also a tropical town with the privilege of living on Aboriginal land. This large structure presents as overt propaganda and tries to drown out other ways of seeing ourselves. I strongly object to this proposal and will share my objection with the council candidates. On another note, the RSL website is a fright. The photos of gaming rooms etc are shocking. Gambling is the cause of many disrupted families. How does this help returned servicemen and women? This group does nothing to advance health and wellbeing in the community through their clubs and gaming rooms and then seeks to spread the bad taste to the public domain. Please record my deep dismay and objection to your design and the whole project.

Who Madeleiene Date 3 August 2017 Correspondence Email Detail 7 trees for a 12m gun memorial, Really? Seems a bit extreme to me to be cutting down trees that have been there longer than you and I to commemorate such a controversial thing as guns? Guns... ? Is there a petition against this?

Who Dave Date 3 August 2017 Correspondence Email Detail I believe the planned improvements are a wonderful idea and i fully support this idea.

Who Danarose Date 3 August 2017 Correspondence Email Detail I would like to express my personal opinion about the proposal to build a new Gun statue on the Darwin Esplanade. I feel strongly against this as it would result in the removal of the trees that already call that location their home. I do not wish this project to go ahead. If a memorial is desired, I'm sure there could be a much nicer idea that could be used instead of the current proposal that is very expensive and destructive to nature. Build a smaller statue, one not needing tree removal for cliff restructure etc. Or a plaque or plant a beautiful garden instead to signify peace and living. Killing trees to make way for a new structure as a memorial for war, is simply depressing.

Who Dominic Date 3 August 2017 Correspondence Email Detail I understand that you are collecting feedback regarding the Darwin RSL's proposed redevelopment of the Darwin Cenotaph. I'm not particularly concerned about the trees. But the Darwin RSL should rethink the proposed eternal flame. The podium flame looks awkward and makes the whole structure look lopsided; they should consider moving it to the front of the Cenotaph. My opinion is that, if moved there, the flame-lit structure would look magical at sunset.

Who Jamie Date 4 August 2017 Correspondence Email Detail I would like to provide a comment on the current proposal to redevelop the darwin cenotaph. While I support the installation of an eternal flame and expansion of the current memorial, I do not support the removal of significant vegetation such as the seven trees behind the current cenotaph to make way for further memorials. I would support a design that fits into the current landscape with no loss of existing vegetation.

Who Veronica Date 5 August 2017 Correspondence Email Detail I am not against the proposed memorial but am against the proposal to remove seven old Darwin trees to accommodate it. These trees take years to grow and cannot be replaced. In Darwin we need to have shade and a cool environment which these trees provide so under no circumstances should they be removed. The area is large enough that the memorial can be accommodated without there removal. The council is complaining the CBD is too hot, and you plan to remove more trees. We need more trees not less and as these trees are years old should be left alone. DO NOT REMOVE THE TREES.

Who Geoff Date 5 August 2017 Correspondence Email

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Detail Please revise the design to retain all the trees

Who Jim Date 5 August 2017 Correspondence Email Detail I don’t think any more trees should be removed from the city area for any purpose what so ever, look what has happened to the mall, the city council, over many years has managed to destroy the lovely old town of Darwin & created another ordinary avoidable emerging slum.

Who Robyn Date 5 August 2017 Correspondence Email Detail Having watched the video and read the information provided I would like object to the proposed removal of trees. I also don't like the depiction of war scenes. An eternal flame could be provided without having to knock down trees and install a rather hideous structure just because Darwin is the only capital not to have one.

Who Mandy Date 6 August 2017 Correspondence Email Detail I'm not against the redevelopment of the Cenotaph but I do NOT support the removal of any of the trees. Please leave the trees be and somehow incorporate them into the design, the area will lose a lot of its harmony and amenity, these trees bring a lot of cooling shade to the area. Without the trees it looks blank, stark, hot, and miserable. LEAVE THE TREES PLEASE.

Who Neville Date 6 August 2017 Correspondence Email Detail Leave the trees alone.

Who Jill Date 6 August 2017 Correspondence Email Detail Whilst this is certainly a wonderful project I would not like to see you those seven trees cut down especially the milkwood trees

Who Duncan and Shirley Date 6 August 2017 Correspondence Email Detail Just because Darwin doesn't have an eternal flame isn't a reason to build one. The site of the cenotaph is serene with the lovely trees, I would hate to see those trees chopped down. I suggest you find another site for the display, what about East Point Reserve, plenty of natural light out there for your 3D display.

Who Cheryl Date 6 August 2017 Correspondence Email Detail The concept of the flawed if it involves removing the trees. They are a part of the heritage of Darwin . As an example service person I am ashamed that the RSL could not find a better design.

Who Helen Date 7 August 2017 Correspondence Email Detail I served with 121 Light Anti Aircraft Battery, Royal Australian Artillery in Darwin. Sure we were CMF (now Reserves), but we followed the tradition of those brave Artillery men who served in the War defending Darwin, and we would have done the same , if required to do so. Also I served as a civilian in the Q Store at Larrakeyah Barracks about 1969 to 1971. Why not keep the erection of the new monument simple? Remember the “KISS” principle. “Keep it Simple Sweetie”? Simply leave the existing trees and monuments alone. You will avoid any demolition, and removal of rubble costs. Just simply site the new monument where the old monuments and existing trees do not have to be disturbed. Simples! Okay?

Who Prue Date 7 August 2017 Correspondence Email Detail please incorporate the beautiful existing shade trees in your design. Thankyou. Darwin is so hot, we need all the shade we can get. Best wishes

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Who Graham Date 7 August 2017 Correspondence Email Detail As a former Legacy boy whose father saw service in North Africa and New Guinea, I need no reminder of the profound debt we owe Australia’s servicemen and servicewomen. That’s why I believe the erection of an eternal flame monument at the Darwin Cenotaph to be an entirely fitting tribute. However, I am concerned that the associated plan to cut down seven trees to build a 12 metre high ‘bombing of Darwin’ monument is misconceived. Monuments depicting military hardware don’t belong in our peaceful city. They would be much more appropriately located at the Darwin Military Museum at East Point. Happily, it is more than 70 years since the world was at war. As locals and visitors alike enjoy the amenity of the Esplanade, the Cenotaph should remain a place of quiet contemplation in a beautiful natural setting. The ugly tools of war may be a necessary evil but they are not to be celebrated. Let’s keep the focus on remembering the fallen - and the freedom they won for us - rather than their weaponry.

Who Coleen Date 8 August 2017 Correspondence Email Detail I just wanted to write to you in regards to the monument which the RSL is wanting to build. My family is a defence family, with all campaigns being logged in our family history, including the most recent. I don't believe it is necessary to remove beautiful shady and established trees for a man made, heat magnet to remember the fallen and the men and women who defended Australia on the esplanade. We already have a beautiful war precinct at East Point, and the area near the cenotaph is already beautifully designed and thoughtfully set out to appreciate and remember the wonderful men and women who defended Australia in world war two. Darwin has very few green spaces as it is and as a bad example of design, the pop up garden in front of eco cafe is not doing so well in the heat. We need to keep what little established areas we have. The money which is being allocated to this monument could have a bigger impact on war veterans, by having a organisation here in Darwin to support their ongoing needs and support. The idea of an eternal flame is wonderful. It would increase the beauty of the area of remembrance, but a man made monument is a heart breaking idea. I'm sure if you ask any veteran, they would prefer to sit under shaded trees listening to the birds whilst remembering their mates. Instead of starting at a plastic monument which as no special meaning to their lives.

Who Merinda Date 8 August 2017 Correspondence Email Detail What are your plans for replacement ! Please dont cut these down – they have taken years to grow. Do something about the stupid rusty bouganvillea things along the front of the Esplanade, who’s stupid idea where they, they are an eye sore.

Who Bodil Date 9 August 2017 Correspondence Email Detail The Cenotaph in Darwin should remain as it is, as it's a place of quiet reflection and a public area for remembrance of all those who fought and lost their lives during WWII. The proposal to cut down 7 trees is not in the public interest as they provide shade and quietude for our ceremony and for the general public as they wander along the edge of the escarpment reflecting and remembering these events and paying homage to all the units which have their plaque displayed. This cenotaph is to remember all veterans of all conflicts. We have a history in Darwin, which the rest of Australia may or may not know about, and it includes our beloved former Mayor George Brown who is credited with planting the four milkwood trees. Therefore they should be left to grow as is. I and my family have long enjoyed the installation at East Point, with the gun turrets and we used to investigate this area before the Military Museum was installed and the area fenced off to keep it safe. This would be the ideal situation for an installation of another gun as this area is already dedicated to those types of installations. Including the huge harbour chain which was supposed to keep ships and subs out of the harbour. There is plenty of parking near/at that location (being the grassed area next to that turret) and also, there are public facilities available already. The Cenotaph is an area of quiet reflection and the Military Museum at East Point is an area for war machines, therefore, I propose that this be looked at as the new home of the gun emplacement as it is more appropriate. Basically these two areas are clearly delineated already and they serve their purpose admirably. Thank you for this opportunity to put forward my views on your proposal.

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Who Guy Date 9 August 2017 Correspondence Email Detail Retain the Cenotaph as and where it currently is. The proposed eternal flame is ok although this may not be possible because a pool may be required to isolate the flame. The Cenotaph has been moved several times and is well placed for the public where it is, in town and overlooking the harbour which is so significant to the Bombing of Darwin in WW2. The proposal is to cut down 7 trees and replace them with a 12m installation which shows an artillery gun - a killing machine - as well as the planes. It is not suitable at the Cenotaph which is a quiet place of contemplation and remembrance. The cenotaph is to remember all veterans of all conflicts. All in all, I think the 12m installation is best at East Point. Keep the 7 trees including the 4 milkwoods - these trees are slow growing, rare in darwin, and believed to have been planted by a beloved Lord Mayor of the past - GEORGE BROWN - a real Territorian. You may well hear an argument that the GUN in the 12m installation emulates one that was on Darwin Oval opposite the old Hotel Darwin. This gun is associated with a chap called Jack Mulholland who a year or two ago visited the Military Museum for the NT Government. He has an inspiring story, and there are photos of him with that gun as a young man. He has since died. The 12 metre bombing installation would fit with the gun turrets at East Point which were built there before WW2 and in anticipation of an attack from the sea. The 12 metre bombing installation would fit with the gun turrets at East Point which were built there before WW2 and in anticipation of an attack from the sea. The open land around the gun turret at East Point may well work as a place for this piece on the open grassy area facing the gun turret. I have established from a bird expert that the migratory birds do not need the grassed area, but cling to the coastal areas of East Point. The Waterfront is not an option for the 12m installation either, because that is a place of recreation and leisure, and joy.

Who Nalani Date 9 August 2017 Correspondence Email Detail I would like to provide my feedback in regard to the proposed redevelopment of the Darwin Cenotaph - namely the monument/sculpture of the 14th Anti-Aircraft Battery defending Darwin. I think the installation of an eternal flame to our cenotaph would be great! And definitely will "ensure the site is respectfully commemorated and recognised". However, I do not think in this day and age, in today's fragile and fearful world, that it is appropriate or respectful to install a commemorative sculpture that depicts the shooting down of another country's soldiers, particularly not a country that we now have a good relationship with. Australia and Japan did fight on opposing sides in World War II, but the war is now over. In the Bombing of Darwin, and subsequent raids, countless Australian civilians and soldiers did lose their lives, but so too did many Japanese soldiers. My grandfather was a soldier stationed in Darwin during the Bombing of Darwin, and though he recently passed away, I do not believe that he would want the actions of these events to be depicted in a sculpture but, instead, that such a sculpture highlights the sacrifice made by everyone. I feel very strongly about this potential sculpture, and I believe we can create a sculpture that: recognises that both Australian and Japanese soldiers lost their lives; and illustrates that our countries have moved past our roles in WWII, and now have a good relationship. I believe there is a better way to respect and honour all those who fought and died during the Bombing of Darwin. Can we not think of a sculpture that commemorates our soldiers, but that also pays respect to the Japanese soldiers who also lost their lives? One possible idea for such a sculpture that crossed my mind was that of an Australian and Japanese soldier standing side-by-side, looking out over Darwin Harbour from the cenotaph, saluting all those who fought in the Bombing of Darwin. I have appreciated this opportunity to give my feedback, and I do hope it will be considered.

Who Derek Date 10 August 2017 Correspondence Email Detail We are in total objection to the new plan = the sculpture will be indeterminate from any angle other the "right one" and will look like an industrial park from every other. The cenotaph is heritage listed and any redevelopment needs to be in tune with it, not startlingly opposed. Please reconsider

Who Janie Date 10 August 2017 Correspondence Email Detail I write to condemn the proposal for development of the Darwin Cenotaph Proposed eternal flame: How ugly! It will look like some petro-chemical works and I do not want my taxes paying to keep it burning. I do not live on the Esplanade

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Proposed mound and poles with artillery cutouts: This will obscure the view of sky and sea. I like the way the modest column and its orb on top stand against the skyline with trees. The proposed artillery cutouts on poles will blot out the sky and make it hard to see Darwin's original memorial – modest and in keeping with its time of 1920s when Darwin was a much less affluent place than today. I like the way the cenotaph has expanded horizontally following the cliff line without taking away the Darwin scene and still leaving the original column as its focus. Will the Heritage Council approve such 'obliteration' of the original memorial from sight Payment for this proposal: Who is going to pay? I do not want my taxes to pay for such a monstrous ugliness!

Who Gloria Date 11 August 2017 Correspondence Email Detail To Whom It May Concern - Without Prejudice Please consider the existing surroundings when looking to improve the Cenotaph. What exists is history in itself and should be considered when looking to upgrade the existing monument. Surely the enhancements can be undertaken without the degradation of the existing landmarks! We do not need to obliterate the past to exemplify the new, let Darwin in it's unique multicultural way be an example to the world that old and new go hand in hand and become intergenerational - lest we never forget. Thank you for your time

Who John Date 12 August 2017 Correspondence Email Detail I wish to provide feedback on the Darwin Cenotaph plans. I am not in support of this proposal at all. In my view the proposal is inappropriate for the area. It is too large and not in keeping with the surrounds. The huge impact on the trees should not occur. I also see no need for an eternal flame. If there was going to be such a large monument then East Point would be a much better location, but it really seems quite unnecessary. Large monuments don't change anything in the way we hold regard for those who gave their lives in war. I would urge that there are no substantial changes to the current monument. I also note that it is quite odd that a monument to a Nelson Mandela has been used as a guide for this. I am sure that as such a humble man, Nelson would also not have been at all supportive of that monument either.

Who Hayley Date 12 August 2017 Correspondence Email Detail I am pleased to see that there are discussions about enhancing public art in Bicentennial Park, and commemorating the bombing of Darwin. I agree it will be a draw card for tourists and locals to enhanced the area with interpretive signage and a monument. I do not agree with the style of the proposed new monument. I feel that it does not commemorate the sacrifice made as the proposal suggests, but merely replicates a screen from the war. So far in Darwin, all our other famous public art works and murals about the bombing of Darwin are scenes of death and carnage, explosions and boats. I feel that we have a real opportunity here to create something that people can engage with and contemplate and discuss, rather than presenting the obvious, eg. what the bombing of Darwin looked like. I would like to see a memorial that responds to the environment, reminds us of the sacrifices made and reminds us why it happened and why we don't want it to happen again. I would also like to see a local artist/s engaged in the process, so we have something which is created by a local person. And if the public art talent is not yet available, some requirements about working in collaboration with locals. I would be loathed to see the trees removed as they provide much needed shade in the park. Thanks for the opportunity to comment.

Who Andrea Date 15 August 2017 Correspondence Email Detail I read your proposal for the new memorial and I hope it will be reconsidered. In my view it will destroy the area and will be a sore eye sight in the park. Memorials should always be integrated in the surroundings and cutting trees will certainly not achieve this. Even with the proposal to plant new trees this is unacceptable. It will take years for this trees to grow back to the same size and provide shade and a living area for our wildlife. Building a memorial should not mean to destroy habitat for native wildlife! It should be possible to enjoy a memorial which is integrated into the park and not display a concreted steel "monster". Surely a designer can do better. I am also sure your veterans would opposing such a cut of trees as there were part of Darwin, provided shade and shelter for them. I was born in a socialism country and unfortunately we had many of these "war memorials" which just left a feeling of war itself, concreted, steel, ugly and cold. Many of them were destroyed after the fall of the regime as they never reflected the feelings of the public and only reflected the view of very few.

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I truly hope you reconsider, as it would be a shame for an organization like yours to destroy an old park and cut down native trees

Who Rodney and Emma Date 15 August 2017 Correspondence Email Detail In regard to the Darwin Cenotaph propose redevelopment, I would like to recommend the addition of a graded bank to the area to allow for equal viewing for all attending. Each service attracts a large crowd which makes viewing any of the proceeding quite difficult as we are standing on a flat surface. I have included drawings of my suggested idea. The back area of the slope could either be a vertical wall or battered up to the top of the bank and grassed. This should fit in the current area without removal of pre-existing structures or trees. This would also leave a flat area at the front to allow temporary seating.

Who Meg Date 15 August 2017 Correspondence Email Detail Hello! I'd like to throw my support behind the proposal to redevelop the Cenotaph in Bicentennial Park. I've worked in the tourism industry in Darwin for over thirty years, and see this as being a great photo opportunity for visitors who approach it by land. The view from visiting cruiseships will also be spectacular as the arrive or depart through Darwin Harbour. Please let me know if I can provide any other information in support.

Who Stephen Date 15 August 2017 Correspondence Email Detail I think this up grade will be awondful addition to the forshor of the Darwin harbour . It will become an icon of the harbour. This will help with tourism and will be spectacular sight for visiting ships.

Who Betty and Terry Date 17 August 2017 Correspondence Email Detail Please do not remove these beautiful trees. They are just not trees, they are more than that. The trees give well needed shade, reduce pollution, create biodiversity, reduce temperatures, home to many fauna and the trees create a natural and beautiful boundary to this beautiful area that reflect and honour our fallen military persons of past conflicts. Every year when I go to The Dawn Service, I hear an owl calling in the early morning silence, where is this bird and other animals going to live after their homes are cut down. I am all for an Eternal Flame, my brother went to Vietnam War, my father went to World War ll, am sure both my relatives, both born here in Darwin, ( both deceased) would want the trees to stay. Why does the monument need to be so big? Isn't it the fact that the Eternal Flame be there in spirit of the fallen, regardless of size of the monument. I think if Mr. Lofty Pane (sorry if name is spelt wrong), would not wish the trees to be cut down. If the trees get cut down, I know iI will no longer go to the Anzac Day Service in Darwin, will be far too hot to begin with and just too sad to see the bare area where it was once a beautiful and peaceful place to reflect and remember. Please think clearly and rationally about the trees and their true part in the environment, what they give to mankind. I/ we could not attend the meeting on Tuesday afternoon due to ill health issues, we also live in excess of an hours drive into Darwin. My family goes back over 100 years., with 4 generations born here and father and brother went from Darwin to war.

Who Vikki Date 17 August 2017 Correspondence Email Detail thank you for the opportunity to submit comments on the proposed Darwin Cenotaph development. The Cenotaph area, the old Darwin football field at the end of the Esplanade has been the focus of Bombing of Darwin, Anzac Day, Remembrance and other veterans' day observances and ceremonies. The Cenotaph development includes essentially 3 changes - incorporation of an eternal flame; the clearing of 7 trees including 4 slow growing and rare milk woods planted by the former Lord Mayor George Brown; and to make way for a 12m art installation depicting an iconic photograph from the Bombing of Darwin 1942. Many a time during the minute silence, I have found comfort listening to the rustle of the leaves as I reflect on the circumstances of war and defence of peace. So I would not be in favour of replacing such significant trees. An eternal flame will provide additional feature. However, I would prefer that the proposed 12 m structure, if it is to be built, go to East Point which is a heritage area and with the Darwin Military Museum / Defence of Darwin Experience - and the focus and where Darwin's WW2 heritage is showcased. At East Point, a 12 m structure would be architecturally

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balanced. If sited on the other side of the open grassed area and facing Gun Emplacement 1. There would be no loss of trees or green space, it would add interest to what is otherwise open grass land. It could also underpin an additional tourism offering such a the Pavilion of Nations - which was identified during community consultation during Clare Martin's time - where the WW2 actors could interpret their own stories of being in Darwin during WW2. At East Point it would enhance our military tourism in Darwin. Leaving the Cenotaph is it maintains the area for reflection and for veterans of all conflicts.

Who John and Nerida Date 17 August 2017 Correspondence Email Detail We are tourism operators in Darwin, conducting walking tours of the city. We are very concerned by this proposed development and its impact on an area of prominence, the limited shade opportunities around Darwin as well as the impact of natural habitat. Our thoughts on the planned redevelopment are as follows: Removing old flagpoles and relocating and installing 14 metre flagpoles Why is this necessary? They are a good height and placement for inclusion in photographs of the Cenotaph. Making them taller will create problems for photographing the features of the Cenotaph and incorporating the flags in the shot. Visitors and photographers look to include these special features in shots, so as to add depth and relevance. Constructing an access ramp to the Cenotaph Agree with this, especially when our vets are getting older. We hope it will make access to the Cenotaph easier for all. Erecting an eternal flame on a four metre tall column Whom will be responsible for supplying the fuel supply for the flame and paying for its cost? This had better not fall to the people of the City of Darwin. Does it need to stand so high that the flame cannot be seen on a bright day? Would prefer to see it in front of the Cenotaph NOT off to one side. Placing a flame to the side like this indicates that it doesn't give it any importance, whereas in front of the Cenotaph indicates that we are keeping the flame alive in remembrance of all those souls lost. Alternatively, place the flame somewhere else away from the Cenotaph altogether if it is required. However, what risk mitigation has been considered for this flame? What is stopping the flame from ignighting fallen leaves and twigs carried on the wind, to then be carried further and starting a fire. Perhaps an eternal flame is not what is needed in Darwin. Perhaps we can be the only capital in Australia to install a remembrance fountain in the shape of an Eternal Flame. People are likely to throw coins into a fountain (i.e. the Trevi in Italy) and this cash could be collected on a regular basis to pay for the cost of the fountain, or put to some other community fund, such as the Orange Sky Laundry. Installing a 12 metre Bombing of Darwin monument We DO NOT believe that this is the best location for such a monument, especially when trees will be removed. Why does everyone want to remove beautiful trees? Our guests enjoy the respite they get when walking behind the Cenotaph to view the plaques there; the shade provided by these magnificent trees is a must! We would prefer to see this construction placed at East Point Military Precinct where it can stand proudly and still honour the guns. By installing at East Point it also raises the significance of that location bringing more people to that site to view and photograph the monument. It doesn't have to be in the city. Installing six interpretive walls with etched stories and imagery telling the Bombing of Darwin story We are against these interpretive walls as they will give the same story that can already be found at a number of locations around Darwin. Our fear is it will detract from these experiences not enhance them, and at the same time dilute the story and importance of the event. Removing seven trees from the proposed site, including four Milkwood trees and Trimming some trees near the proposed construction. We are against ANY removal of trees to install this monstrosity. Darwin has become such a hot sponge over the past few years, due to development and the removal of so many trees. Installing walkways made of concrete and steel does not reduce the heat. Trimming of trees often results in a lopsided plant, or worse, the shade it once gave is gone until the growth recovers in a year or two. Darwin city cannot afford to lose more shade and make walkways uncomfortable for visitors.

Who Bill and Lata Date 17 August 2017 Correspondence Email Detail We are writing in response to the proposed development. Whilst we are in favour of the erection of the proposed monument, we very strongly object to the proposed location which will involve removal of 7 mature trees. There are lot of open grounds around each end of the current cenotaph area which would be the preferred location, which does not involve removal of any mature trees.

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We strongly urge the Darwin council to re consider the proposed location and recommend an area which does not involve removal of mature trees. We also would like the Darwin council to consider greening of the town of Darwin. A place like Darwin which has a humid climate should be the focus of a Garden City, similar to Singapore which has similar weather and has lots of beautiful gardens. There is absolutely no reason why Darwin could not have gardens like Singapore. Darwin is currently heading fast towards a state of death with so many empty shops and dead trees and sad gardens. The council should and must inject life into the city of Darwin and give the city its rightful place – a beautiful garden city. We should be planting more trees, not cutting down 7 mature trees. Please re consider!

Who Caroline Date 20 August 2017 Correspondence Email Detail The proposal to "upgrade" the Cenotaph is a shock. Why? So we too can have en eternal flame - "they've got one so we have to have a bigger one". This one upmanship is very counterproductive on several levels. 1. Have we been disrespectful all these years because we haven't had an eternal flame? No, not according to the fact that Darwin turns out in huge numbers for every commemoration to demonstrate our respect and gratitude for our military forebears....as well as our loss to justify their sacrifice. quiet place of reflection attended often by locals and visitors alike. It stands at a particularly magnificent vista of the ocean, shaded by the silent sentinels that guard it. An eternal flame seems quite at odds with Darwin to me - when we are doing our best to cool our environment. 3. Last but not least, and the most shocking of all the issues....that this proposal recommends cutting down 100 year old trees, that serve to provide shade. How many times have we seen faint, the military personnel who have to stand in the hot Darwin sun for events? These trees ARE the sentinels that guard our military's memory, that give the sense of grandeur and silence over the space that makes it reverent and respectful. There is no need to do anything to this site to improve it. If you must do something, plant more trees, a memorial garden but don't touch the trees.

Who Heather Date 20 August 2017 Correspondence Email Detail The proposal to "upgrade" the Cenotaph is a shock. Why? So we too can have en eternal flame - "they've got one so we have to have a bigger one". This one upmanship is very counterproductive on several levels. 1. Have we been disrespectful all these years because we haven't had an eternal flame? No, not according to the fact that Darwin turns out in huge numbers for every commemoration to demonstrate our respect and gratitude for our military forebears....as well as our loss to justify their sacrifice. quiet place of reflection attended often by locals and visitors alike. It stands at a particularly magnificent vista of the ocean, shaded by the silent sentinels that guard it. An eternal flame seems quite at odds with Darwin to me - when we are doing our best to cool our environment. 3. Last but not least, and the most shocking of all the issues....that this proposal recommends cutting down 100 year old trees, that serve to provide shade. How many times have we seen faint, the military personnel who have to stand in the hot Darwin sun for events? These trees ARE the sentinels that guard our military's memory, that give the sense of grandeur and silence over the space that makes it reverent and respectful. There is no need to do anything to this site to improve it. If you must do something, plant more trees, a memorial garden but don't touch the trees.

Who Robin Date 21 August 2017 Correspondence Email Detail As there is no Monday 18 August 2017 i assume today is the Monday for closure of responses. Please accept my comments.

1. I do support an eternal flame but am not sure if having it in the open will achieve the desired memorial effect and ambiance. 2. I do not support the sculpture that comprises of many ugly poles. It is not appropriate to site this style of visual illusion in a wide open space that can be seen from all angles. It will look like ugly telegraph poles from most views. It appears to be copied from a similar illusional sculpture of Nelson Mandela but in that case the poles could only be viewed from directly in front. 3. i do not approve of the trees being removed from this site. They improve the amenity of the area

Who Sharon Date 26 August 2017 Correspondence Email Detail I would like to voice my objection to the proposed redevelopment of the Cenotaph on the

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Esplanade. My primary concern with the proposal is the removal of established shade trees. I prefer the natural appearance of the area that we currently enjoy. I support the concept of a Bombing of Darwin memorial generally, however I would prefer that it be located at the end of East Point, provided that: 1. it does not interfere with the WWII infrastructure that already exists in that area; and, 2. no established trees are removed. Thank you for the opportunity to provide feedback.

Who John Date 1 September 2017 Correspondence Written submission Detail • Support for redevelopment proposal • Submission is based on information provided in the City of Darwin Master Plan in regard to Bicentennial Park and the Darwin Cenotaph.

Phone correspondence summary

Who Tom Date 31 July 2017 Correspondence Phone call Detail • General interest in the consultation process • Eternal flame is a good idea and understands importance • Uses Esplanade to walk through and exercise as it’s cooler and shadier • Removing trees will result in loss of shade and Darwin’s climate this isn’t a good idea • East Point would be a better spot for the gun imagery because of the military museum and to tie in with what's already there

Who Juliette Date 1 August 2017 Correspondence Phone call Detail • Wanted to know more about the proposal • Do not support removal of trees. War has caused misery as opposed to the trees which signify life • Do not believe in glorifying weaponry

Who Janie Date 2 August 2017 Correspondence Phone call Detail • Long term Darwin resident (doesn't live at Esplanade). • Do not support the redevelopment and likes the Cenotaph as it currently is. • The proposal is ugly and do not support the guns, 'ugly eternal flame and huge poles with pictures on them'

Who Unknown Date 5 August 2017 Correspondence Phone call Detail • Don’t cut down the trees

Who Janie Date 8 August 2017 Correspondence Phone call Detail • Second call • Completely opposes proposal • Disagrees with chemical flame and projected artwork • Disagrees with a higher mound being built • The memorial itself has historical value as it was erected when Darwin was quite poor and it was all they could do.

Who Cindy Date 10 August 2017 Correspondence Phone call Detail • Cultural significance of Milkwood trees • How old are the trees?

Who Toni Date 16 August 2017 Correspondence Phone call Detail • Heard a lot of chatter about the proposal in the community

11 65 66 Darwin Cenotaph redevelopment proposal consultation

• Worried the peacefulness at the Esplanade will be affected • Why can’t the monument be put elsewhere, like in Palmerston?

Who John Date 16 August 2017 Correspondence Phone call Detail • Likes that the proposal includes a ramp as many of the old servicemen can’t make it up the stairs as they are in wheelchairs

Who Karen Date 17 August 2017 Correspondence Phone call Detail • Love the RSL and like the idea of the monument • Do not want to see trees removed • Even with the offer to add more trees, taking away the existing trees is not the right thing to do • We can respect history without cutting down healthy trees.

12 66 67 NUMBER NAME LEAD AGENCY CATEGORY TIME FRAME

MP 011 Cenotaph Upgrade City of Darwin Critical Desirable Discretionary Medium Term Unlocking the potential

Description

The Cenotaph area will continue to provide the setting for further defence focussed memorial plaques, events and commemorations. There is a need for Fig. 40 Fig. 41 flexibility to grow and cater for these new demands, while retaining the existing infrastructure. The proposal formalises the central, open meeting space, which also references the historic connection of this locality with the original Darwin Oval. The ‘oval’ is flanked by low hedges and the combination of seating and large shade trees provides a deeply shaded perimeter. A framework to greatly extend the plaques and memorials within the existing layout is suggested. The simple elements and arrangement retain the formal, solemn character of the area. Services infrastructure, in particular power, may require upgrading. Improved night-time lighting and enhanced edge treatments to The Esplanade will also be required.

Fig. 42

Figure 40 – Sketch of the proposal

Figure 41 – Sketch of the proposal

Figure 42 – Project Location

43 Darwin City Centre | Master Plan 67 68

33SI13S and the unveiling ceremony to-day Soldiers' monument the work cf the committee DO YOU appointed DR. C. E. HILL, to carry out the desire of the citizens SUFFER WITH At the unveiling ceremony ou is practically completed and it only Dental Surgeon CORÍMS Sunday last, the remains now to hand over this monu- Crown and Mayor (Cr. Burton) Specialist in or aro YOU DIS- was the first speaker. He went back ment to the Town Council for care Bridge Work. FIGURED WITH to the time when the men went away, and safe keeping. WARTS the the It is recruiting meetings, cheers as particularly filing that this be consulted at his M ¡ay If so, take good the men embarked, the sorrow when monument should be entrusted to the rooms at the adrice ana try Cottage the was of a tlie remarkable news received that some had keeping Mayor who has person« of discovery a falle in Between C )m. BL & Victor .aïïotel i, and the gladness of others* ally participated the Great War« He QUEENSLAND ' when their men returnpd The Monu has not seen and felt CHARGES MODERATE CATTLEMAN only its horrorg HOUBB L ally 9 a.m. to , p.m. which ia now ment Committee had been in tut has also seen the noble of TELEPHONE JNo. 93. untiring deeds I known through- their labors. It was an our brave men and has out the Com- uphill fight, also personally monwealth l»y and he regretted that they had been witnessed the supreme sacrifice made the name of unable to obtain aU the names of the by some of those men whose names SWAMP." men who went to the front from the appear on these tablets before r you ; ? This nataral contains no remedy poison, Territory, The Government had and he should, therefore be in a ? ii absolutely painless in its action, and is a posi- ? a tion sur« remedy for Corns and Warts. One failed to' keep record of the names to appreciate, more than ? trial will anyone convine« you. SWAMP is sold by DR. H. LEIGHTON JONES he was to see such a else, the affectiou and ? all leading Stores and Chemists ererr However, proud deep regard that ? where. PRICE 1/« splendid gathering present to do is symbolised in this monument honor had HOURS AT HOME: wmmÊÊÊmÊÊmÊÊmÊÊÊmmÊmami to the men who made the Monuments such as these serve to it sacrifice in the nation Those the 8 to 9 am., 4 to 5 p.m. FOR SALE by ADAMS AND FOSTER gre keep green memory, not only of noble men had entered the name of our men who went from the 7 to 8 p.m. Sole Agents for Darwin. Northern Australia among the nations. Every Territory, but those of the fallen SATURDAY AND SUNDAY : sectiou of the community would be Brave, for our cannot 8 to 9 a.m., 7 to 8 p m. people forget reminded by this monument and the those who have their foi AT PARAP: given lives names on it would never be their neither can (they country ; they forget TUESDAYS AND FRIDAYS : forgotten) ot those who had suffered those who have been left to mourn 5 to 6 p.m. lim« the supreme sacrifice for and for them, If will allow me to use a jjorthqni (witorg you you notification me. borrowed Whenever possible (Cheers), expression I would say that regarding visits required should' APRIL 1921. The TUESDAY,. 26, Administrator said that in this monument should stand here a<3 a 10 a.m. be made before lesson 1914 he saw the first Queensland to the living as well as a mem- Brisbane. had orial to the troops leaving They dead, for the memory of No.9 no TELEPHONE idea of the magnitude of the task the great sacrifices made by our men or their desperate errand. He knew, for their country should inspire us to from his realise GERMANY'S, FINANCIAL military experience, that that we, too, have great sacri- of them would fices to OBLIGATIONS,) many never come make for our country, if we back. He followed to -¡o them the ship, seriously desire to see its unity and Garage and waved a last farewell And now its Budgen's London, .Wednesday. progress. the ' houorable task had fallen to him Mr. Mayor, on behalf of the com- Telephone 91 Mr. Lloyd George announced in tile of this monument mittee the Citizens House Commons to-day that as a rec unveiling splendid representing of the ¡of to Drivers their memory. He thanked the Northern Territory who have subscri- Three Crack suit iof «his conversations with M. Committee for giving him the privi- bed towards placing this memorial friand, the French Government had un- 65, 79 of to those men. hore I now Cars Nos, 50, in lege doing ,honor place in your keeping as dertaken ¡to supply further detailed They had read in print recently that Mayor of this town, this token of their ov formation as to tile French proposals. " " Day INiglrt was a failure No enter- and b° Gallipoli appreciation regard, and I trust The whole subject would Chen con- prise undertaken by the Australians that the memories of what our men Cabinet. H° understood sidered 'by the was a failure. The Australians never have done us /or may inspire yours had prepared fresh pro- $hat Germany failed. Gallipoli was not a failure. If the ana successive Councils with a true III III. I»! «lilli ill lilla lit .III lltl-J «MID, tlUk *..*» j«t *»,J!Wfe. (t If these were unsatisfactory Dardanelles did not win the posals. campaign appreciation of the seriousness of your would support France at it assistance in and FOR Government war, gave very great trust, that ifc may enable them to CAR HIRE} Council the meeting of the Supremie that direction, for they held large tend this monument with reverential J A MAGNIFICENT the occupation of the Turkish armies there month after and Affectionate care. \ with regard (to On behalf of ' I month which but for Committee I NEW BUICK CAR Ruhr district would, that, my tender you this mon- \ Germans OR NIGHT I have been employed by the ument for care and sate keeping \ Available DAY by with serious results and the the Town Council. or 90. \ elsewhere, up Thone 121 THE BRITISH BUDGEiT. Ring effect on the course of the The \ general war Mayor said he accepted the eia^RHE, ; been The i P. would have enormous trust with great pleasure. It was a r REDUCTION OF TAXATION, PROPRIETOR. N0- Australians took a share in noble that did \ very large gift not come to the the Turks preventing being employed Council every clay, and promised as London, "Wednesday. elsewhere, and they destroyed the long as he was here to keep it in the British Budget will provide for The first line of the Turkish army. They best of repair. BEAT THE BIG huit will not YOU CAN no reduction of ¡taxation, died as heroes doing their duty-they OAN BEAT A Theri» OR YOU new taxes this year. did not fail-the Australian soldier " DRUM, impose Blood will Tell."-The BEAT no remission of taxation until would never fail. In to following BOY, BUT YOU CAN'ÎT will be proportion extract is from L.i Constable of Cardigan, with a small their ordeal. Their immortal STREET, Darwin trying a CAVENAGH -io band of hundred and forty knights, past would live for ever. In the sixty men at arms, and three or four Wordsworth : words ot hundred Welsh BBO.KEN HILL DEMANDS. archers. Small as This is the happy warrior, 59 was the number of the adventurers, Telephone This is he, and arms HOURS AND HIGHER their horses proved irresist- SHORTER That every maa in arms ible to the Irish kernes a of TLTS/Ei WAGES. ; sally FOB Should wish to be, the men of Wexford was ' avenged by Dr Hill, of the Returned president the storm of their town the Mo. 83. Thursday. ; Ossory Car Melbourne, Soldiers' League, made a brief address clans were defeated with a terrible' will not into reliable driver "My siiírectors* enter in which he referred to the fact that Steady slaughter, and Dermod, a head oceans shortening seizing an agreement! that the our men had gone to the trout in for sure, from a of which his men IF! want to get there, at this pile trophies you of Wus and incieasing of wages order, among other things, that of valuable piled at his feet, tore off, in without .wast© that, savage !&»d critical They insist jl Australia should be clean and white. a juncture. its nose and with his "will not hire puffing triumph, lips arno, ,7001 (hese are done, the Court must Their work had been voluntary at things teeth." Dermod was one of which will stick you up in Australia evidently jinny take the responsibility." there was no conscription the of " Oh, no! you progenitors Trypo," the tlie first slight pindi! the Bro- that was good or bad it was a Mr. H. Mitchell, representing (whether Darwin No. 59 and order cuckoo, which accounts for would ring up Hill mine mad© the not for him to say) and many had ken Proprietary the venom, rancour, and hatred in before Higgins made a sacufice in leaving their Seven-Seat Studebaker above statement Jus^ca ¿iMttt that scribe's cocoanut. in businesfes for a number of years. Car not hump in the Federal Arbitration Court Tiiia Modern do^s as far he viewed with and and connection witth the plai'nt filed However, pride over up and down gutters thev exhibited back as December, 1919;, by the Amal- pleasure patriotic spirit to empty out its pasS^n« ¡threaten the people of the Northern Terri- NOTICE space gamated Society of Engineers, claiming by hut just glides through as occasions. gera, Smel- tory on this ou former of &as$ and com- from the Broken Hill Pioprietary with a maximum to NOTICE is Hi)} Mr. Percy Kelsey, hon, secretary hereby given that any tavo mot ahseady en- ters and eleven Broken mining fort. If yon the Soldiers Monument Committee, TRESPASSING or in and a 44 person any in this Cur companies increase*! wages :-d a spin BeautifujL over the monu- mtortering with joy far in formally handing way Stock on Grazing You just hours Week, and which awaits the do BO at your oarliost. ment to the Town Council, said this Licence No. 310, comprising the whole reßt. lof His Honor. lAgr^eimonta Phon© 59. "WQ do the $nai judgment monument that has of the Hundred oí Waterhous ring; "ssp is the first public without!' on aninior daSma were rfeacbed and th° been erected and unyeiled in the raj permission, will be Prosecuted. fbdng M hours and wages werg left io Northern Territory, and by its erection, W. 0, Q. MILTON, ¡¡ty ¡Atol» i, ^T w t ,_ i wwi _H:

68 National Library of Australia http://nla.gov.au/nla.news-page902119 69

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ENCL: 2ND ORDINARY COUNCIL MEETING/OPEN AGENDA ITEM: 14.1.2 NO

ELECTION OF MEMBERS TO COMMITTEES AND DELEGATIONS

REPORT No.: 17CE0001 MR:ph COMMON No.: 375173 DATE: 26/09/2017

Presenter: Executive Manager, Melissa Reiter

Approved: Chief Executive Officer, Brendan Dowd

PURPOSE

The purpose of this report is to appoint Elected Members to Executive and Advisory Committees and committees of external organisations and to delegate authority to those committees and to the Chief Executive Officer to act on behalf of Council.

LINK TO STRATEGIC PLAN

The issues addressed in this Report are in accordance with the following Goals/Strategies as outlined in the ‘Evolving Darwin Towards 2020 Strategic Plan’:-

Goal 5 Effective and Responsible Governance Outcome 5.3 Good governance Key Strategies 5.3.2 Display contemporary leadership and management practices

KEY ISSUES

 The Local Government Act provides Council with authority to create committees: o Executive Committees that can carry out functions delegated by the Council; and o Advisory Committees that report through Executive Committees.  The Administrative Review and Risk Management & Audit Committees are required under the Local Government Act and are both Executive Committees with delegated authority.  Council makes appointments to Committees for the financial year period each year.  Administrative changes are made to the Council Committee Booklet as required throughout the year.  Requests for Local Government Association of the NT (LGANT) appointed representatives are reviewed at Council as they are received, and nominations forwarded.  Pursuant to Section 32 of the Local Government Act the Council may delegate powers and function to the Chief Executive Officer (CEO).

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RECOMMENDATIONS

A. THAT Report Number 17CE0001 MR:ph entitled Election of Members to Committees and Delegations, be received and noted.

B. THAT Council make the following appointments and endorse the following delegations:

EXECUTIVE COMMITTEES

Administrative Review Committee

(i) THAT effective as of 26 September 2017 Council, pursuant to Section 32 (2)(b) of the Local Government Act, hereby delegates to the Administrative Review Committee the power to make recommendations to Council and decisions relating to undertake internal reviews in accordance with Part 18.1 of the Local Government Act.

(ii) THAT the Lord Mayor, Alderman……, Alderman……,and Alderman……, be appointed to the Administrative Review Committee, for the period 26 September 2017 to 30 June 2018.

(iii) THAT all other Aldermen be appointed as Alternates to the Administrative Review Committee, for the period 26 September 2017 to 30 June 2018.

(iv) THAT Alderman……, be the Chair of the Administrative Review Committee, for the period 26 September 2017 to 30 June 2018.

Chief Executive Officer’s Performance Appraisal Committee

(i) THAT effective as of 26 September 2017 Council, pursuant to Section 32 of the Local Government Act, hereby delegates to the Chief Executive Officer’s Performance Appraisal Committee be delegated the power to conduct and finalise the appraisal of the Chief Executive Officer.

(ii) THAT the Lord Mayor, Deputy Lord Mayor, Chair of the City Life Committee, Chair of the City Futures Committee, Chair of the City Performance Committee and Chair of the City Operations Committee with an independent facilitator undertake performance evaluations of the Chief Executive Officer.

(iii) THAT all other Aldermen be appointed as Alternates to the Chief Executive Officer’s Performance Appraisal Committee, for the period 26 September 2017 to 30 June 2018.

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City Life Committee

(i) THAT effective as of 26 September 2017 Council, pursuant to Section 32 (2)(b) of the Local Government Act, hereby delegates to the City Life Committee the power to make recommendations to Council and decisions relating to City Life matters within the approved budget:  Access and Inclusion  Arts and Culture  Community Development  Community Engagement  Customer Services  Darwin Entertainment Centre  Darwin Safer City  Families and Children  Libraries  Recreation, Leisure & Events  Regulatory  Youth Services

(ii) THAT the Lord Mayor, Alderman……, Alderman……, and Alderman……, be appointed to the City Life Committee, for the period 26 September 2017 to 30 June 2018.

(iii) THAT all other Aldermen be appointed as Alternates to the City Life Committee, for the period 26 September 2017 to 30 June 2018.

(iv) THAT Alderman……, be the Chair of the City Life Committee, for the period 26 September 2017 to 30 June 2018.

City Operations Committee

(i) THAT effective as of 26 September 2017 Council, pursuant to Section 32 (2)(b) of the Local Government Act, hereby delegates to the City Operations Committee the power to make recommendations to Council and decisions relating to City Operations matters within the approved budget:  Asset Management  Building Services  Capital Works  Civil Works  Design  Development  Fleet/Workshop  Operations Administration & Stores  Parks & Reserves  Waste Management  Public lighting

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(ii) THAT the Lord Mayor, Alderman……, Alderman……, and Alderman……, be appointed to the City Operations Committee, for the period 26 September 2017 to 30 June 2018.

(iii) THAT all other Aldermen be appointed as Alternates to the City Operations Committee, for the period 26 September 2017 to 30 June 2018.

(iv) THAT Alderman……, be the Chair of the City Operations Committee, for the period 26 September 2017 to 30 June 2018.

City Futures Committee

(i) THAT effective as of 26 September 2017 Council, pursuant to Section 32(2)(b) of the Local Government Act, hereby delegates to the City Futures Committee the power to make recommendations to Council and decisions relating to City Futures matters within the approved budget:  City Resilience  Climate Change & Environment  International relations (formerly Sister Cities)  Investment attraction/Economic Development/Tourism  Planning - Strategic, Statutory, Social: o Development Applications referred from the Development Assessment Services (NTG) o Town Planning Strategy, Policies and Procedures o Strategic Planning matters such as Planning Scheme Amendments, NT Planning Act amendments, discussion papers and proposed guidelines o Development and Planning Matters referred to Council from Developers, Community Groups and Individuals o Signage Applications, Policies and Procedures o Outdoor Dining Applications, Policy and procedures  On-street & Off-street Parking  Smart City/Digital Delivery

(ii) THAT the Lord Mayor, Alderman……, Alderman……, and Alderman……, be appointed to the City Futures Committee, for the period 26 September 2017 to 30 June 2018.

(iii) THAT all other Aldermen be appointed as Alternates to the City Futures Committee, for the period 26 September 2017 to 30 June 2018.

(iv) THAT Alderman……, be the Chair of the City Futures Committee, for the period 26 September 2017 to 30 June 2018.

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City Performance Committee

(i) THAT effective as of 26 September 2017 Council, pursuant to Section 32(2)(b) of the Local Government Act, hereby delegates to the City Performance Committee the power to make recommendations to Council and decisions relating to City Performance matters within the approved budget:  Business Services (Contracts, Property Administration)  Financial Management  Information Technology  People, Culture & Capability  Records & Information Unit  Risk, Audit & Safety  Strategic Services  Communications & Marketing  Governance  Sponsorship

(ii) THAT the Lord Mayor, Alderman……, Alderman……, and Alderman……, be appointed to the City Performance Committee, for the period 26 September 2017 to 30 June 2018.

(iii) THAT all other Aldermen be appointed as Alternates to the City Performance Committee, for the period 26 September 2017 to 30 June 2018.

(iv) THAT Alderman……, be the Chair of the City Performance Committee, for the period 26 September 2017 to 30 June 2018.

Risk Management & Audit Committee

(i) THAT effective as of 26 September 2017 Council, pursuant to Section 32(2)(b) of the Local Government Act, hereby delegates to the Risk Management & Audit Committee the power to make recommendations to Council and decisions relating to Risk Management & Audit matters:  follow up issues arising from internal and external audits  the management of outstanding and completed audit issues registers  the receipt and acceptance of strategic and operational risk assessments

(ii) THAT the Chair of the City Performance Committee and Alderman……, be appointed to the Risk Management & Audit Committee, for the period 26 September 2017 to 30 June 2018.

(iii) THAT all other Aldermen be appointed as Alternates to the Risk Management & Audit Committee, for the period 26 September 2017 to 30 June 2018.

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(iv) THAT Council note that community member Mr Iain Summers is the Chair of the Risk Management & Audit Committee, for the period 26 September 2017 to 30 June 2018.

(v) THAT Council note that Mr Craig Spencer is the second community member of the Risk Management & Audit Committee, for the period 26 September 2017 to 30 June 2018.

ADVISORY COMMITTEES

Access and Inclusion Advisory Committee

(i) THAT Alderman … be appointed to the Access and Inclusion Advisory Committee for the period 26 September 2017 to 30 June 2018.

(ii) THAT Alderman …. be appointed as Alternate to the Access and Inclusion Advisory Committee for the period 26 September 2017 to 30 June 2018.

Arts & Cultural Development Advisory Committee

(i) THAT the Chair of the City Life Committee be appointed to the Arts & Cultural Development Advisory Committee for the period 26 September 2017 to 30 June 2018.

(ii) THAT Alderman …. be appointed as Alternate to the Arts & Cultural Development Advisory Committee for the period 26 September 2017 to 30 June 2018.

Bombing of Darwin & Military History Advisory Committee

(i) THAT Council note that the Lord Mayor is the Chair of the Bombing of Darwin & Military History Advisory Committee.

(ii) THAT Alderman … be appointed to the Bombing of Darwin & Military History Advisory Committee for the period 26 September 2017 to 30 June 2018.

(iii) THAT Alderman …. be appointed as Alternate to the Bombing of Darwin & Military History Advisory Committee for the period 26 September 2017 to 30 June 2018.

International Relations Advisory Committee

THAT Council note that a report on the International Relations Advisory Committee will come to Council in October 2017.

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Youth Advisory Committee

(i) THAT Alderman … be appointed to the Access and Inclusion Advisory Committee for the period 26 September 2017 to 30 June 2018.

(ii) THAT Alderman …. be appointed as Alternate to the Access and Inclusion Advisory Committee for the period 26 September 2017 to 30 June 2018.

OUTSIDE COMMITTEES WITH CITY OF DARWIN APPOINTED REPRESENTATION

Arafura Games Steering Committee

THAT Council note that the Lord Mayor is the ex-officio member of the Arafura Games Steering Committee.

Northern Australian Capital City Committee (NACCC)

(i) THAT the Lord Mayor and Alderman…… be appointed as Council’s delegates on the Northern Australian Capital City Committee, for the term of the 22nd Council.

(ii) THAT Alderman…… be appointed as Alternate to the Northern Australian Capital City Committee, for the period 26 September 2017 to 30 June 2018.

Vibrant CBD Subcommittee

THAT the Alderman…… be appointed as Council’s delegate on the Vibrant CBD Subcommittee, for the period 26 September 2017 to 30 June 2018.

Council of Capital Cities Lord Mayors (CCCLM)

(i) THAT it be noted the Lord Mayor is the ex-officio member of the Council of Capital Cities Lord Mayors for the term of the 22nd Council.

Council of the Ageing NT Board (COTA)

(i) THAT Alderman…… be appointed as Council’s delegate on the Council of the Ageing NT Board for the period 26 September 2017 to 30 June 2018.

(ii) THAT Alderman…… be appointed as Council’s Alternate on the Council of the Ageing NT Board for the period 26 September 2017 to 30 June 2018.

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Development Consent Authority (DCA)

(i) THAT Alderman …….. and Alderman ……. be nominated to be Division Members of the Darwin Development Consent Authority for the period 26 September 2017 to 30 June 2018.

(ii) THAT Alderman …… be nominated to be the Alternate Member of the Darwin Development Consent Authority for the period 26 September 2017 to 30 June 2018.

Local Government Association of the Northern Territory (LGANT)

(i) THAT Council note that Alderman Gary Haslett has be appointed to the Local Government Association of the Northern Territory executive, Executive Board Member - Municipals (City of Darwin appointed).

(ii) THAT Alderman ….. be nominated to the Local Government Association of the Northern Territory executive, Executive Board Member - All Councils.

(iii) THAT Alderman ….. be nominated to the Local Government Association of the Northern Territory executive, Vice President - Municipals.

(iv) THAT Alderman ….. be nominated to the Local Government Association of the Northern Territory executive, Executive Board Member - Municipal (City of Darwin appointed).

(v) THAT Council nominate the Lord Mayor and Alderman …. as its delegated representatives under Clause 3 of the Local Government Association of the Northern Territory Constitution, to represent Council at meetings of the Association.

(vi) THAT Council note the appointments of City of Darwin Elected Members as Local Government Association of the Northern Territory representatives on the Committees as follows:

Neighbourhood Watch (NT) Committee Alderman Gary Haslett Remote Active Living Project Working Group Alderman Robin Knox

(vii) THAT Council nominate City of Darwin Elected Members as Local Government Association of the Northern Territory representatives on the Committees as follows:

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Animal Welfare Advisory Committee Heritage Council NT Ministerial Council on Multicultural Affairs NT Place Names Committee NT Water Safety Advisory Council National Local Government Drug and Alcohol Advisory Committee

Rapid Creek Water Advisory Committee

THAT Council note that Waste Management Project Officer, Ms Emma Lewis, was appointed to the Rapid Creek Water Advisory Committee by the Minister for Environment and Natural Resources on 1 November 2016.

Top End Regional Organisation of Councils (TOPROC)

(i) THAT the Lord Mayor be appointed as Council’s delegate on the Top End Regional Organisation of Councils for the period 26 September 2017 to 30 June 2018.

(ii) THAT Alderman ……. be appointed as Council’s Alternate delegate on the Top End Regional Organisation of Councils for the period 26 September 2017 to 30 June 2018.

Tourism Top End

(i) THAT Alderman……, be appointed as Council’s delegate on the Tourism Top End Board, for the period 26 September 2017 to 30 June 2018.

DELEGATIONS

C. THAT Pursuant to Section 32 of the Local Government Act, Council hereby delegates to the Chief Executive Officer its powers and functions as set out in the Schedule below:

Schedule

Section 112 Appointment of Authorised Persons Section 244 Authorisation of the persons to institute proceedings in the name of Council Various All of the powers and functions of the Council with the exception of the following: i. those matters referred to in Section 21(2) of the Local Government Act ii. Sections 22 and 24, regarding adoption of the Municipal Plan iii. Section 46, appointment to fill a Casual Vacancy

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on the Council iv. Section 49, establishment of Local Boards v. Section 54, establishment of Council Committees vi. Section 68, calling meetings for elections

D. THAT pursuant to Section 112 of the Local Government Act, Council appoints the Chief Executive Officer as an authorised person.

E. THAT pursuant to Section 32 of the Local Government Act, Council hereby delegates to the Chief Executive Officer the power and authority to exercise all or any of the powers of the Council under the Darwin City Council By-laws, Part 3 - Animal Management.

BACKGROUND

PREVIOUS DECISION

DECISION NO.21\5441 (30/05/17)

Review of Committee Structure Report No. 17TC0015 MB:ph (30/05/17) Common No. 375173

A. THAT Report Number 17TC0015 MB:ph entitled Review of Committee Structure, be received and noted.

B. THAT Council, pursuant to Part 5.2 Section 54 (1) of the Local Government Act, abolish all current Executive Committees effective 30 June 2017.

C. THAT Council, pursuant to Part 5.2 Section 54 (1) of the Local Government Act, establish the following committees to be effective as of 1 July 2017:

i. Executive Committees

a. City Operations Committee b. City Performance Committee c. City Life Committee d. City Futures Committee e. Administrative Review Committee f. Risk Management & Audit Committee g. Chief Executive Officer’s Performance Evaluation Committee

D. THAT Council note that members will be elected to these committees at the second meeting of the 22nd Council.

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DISCUSSION

Committees

The City of Darwin committee structure is as follows, with the top level Executive Committees and the second level Advisory Committees:

 Administrative Review Committee  Chief Executive Officers Annual Performance Appraisal Committee  City Life Committee o Arts & Cultural Development o Bombing of Darwin & Military History o Access and Inclusion o Youth  City Futures Committee o International Relations  City Operations Committee  City Performance Committee o Risk Management & Audit Committee

Sister City Committees - International Relations

It is noted that the existing sister cities committee memberships expired on the 30th June 2017 and an initial review of the International Relations policy was undertaken in April 2017. Council Officers are currently reviewing the Sister City Advisory Committee structure and function along with Councils International relations activities. A report is expected to be presented to Council in October/November 2017 on the item which considers a proposed way forward for the sister cities program and committees.

External Committees

LGANT LGANT have advised that Executive members who are re-elected will remain on the Executive until the Annual General Meeting in November 2018. They will only call for casual vacancies for members who are not re-elected.

Development Consent Authority Council-nominated members of the Development Consent Authority (DCA) are appointed under Section 89 and the alternate under Section 91 of the Planning Act. Section 92 of the act refers to terms of office of DCA members:

92 Term of office of member (1) Subject to this Act, a member appointed under section 89, 90 or 91 holds office for 2 years or a lesser period specified in the instrument of appointment and is eligible for reappointment. (2) If a member is appointed under section 89(1)(a) or 91(1) and the next election (other than a by-election) for the local authority by which he

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or she was nominated is held before the member ceases to be a member, the member holds office until the expiration of 3 months after the declaration of the polls for the election.

The Development Consent Authority have notified Council that after the declaration of the polls for the General Election, City of Darwin at its Council meeting in September can, by writing to the Minister for Infrastructure Planning and Logistics, nominate 2 persons to be members and one person to be an alternate member for those two members.

In addition to nominating an Alderman on the DCA committee an option for Council is to consider nominating a professional planner within the City Futures department to sit on the DCA Committee. Section 92 (a) of the Planning Act details that “the local authority may nominate to the Minister a person for appointment” and it is highlighted to Council that this appointment could be a member of staff. It is noted that other municipalities within the NT Currently have a professional planner staff member on their respective DCA committee. Feedback from other municipalities and consideration of such an appointment suggests that the presence of a professional planner staff member on the DCA Committee could have the following benefits for Council:

 An ability to professionally interpret Council and Government planning policy and legislation to provide professional planning opinions and greater scrutiny during the decision making process;  Decisions of the DCA can be better understood from a professional perspective and feedback incorporated into planning practices at the City of Darwin to improve planning outcomes;  An opportunity for a staff member to work collaboratively with the NTG, community members and other elected members;  Council’s assets can be better considered in the planning process with a staff member on the DCA, as they will have working knowledge of assets;  An opportunity for nominated elected members to gain a stronger understanding of the planning decision making process and related legislation through collaboration with a nominated staff member on the committee.

It is considered that staff capability and internal governance process within City Futures and City Planning Department can be managed to ensure a nominated professional planning staff member can fulfil the required duties of a DCA committee member if he or she was nominated.

Top End Regional Organisation of Councils (TOPROC) Previously City of Darwin nominated an additional Alderman to the Top End Regional Organisation of Councils (TOPROC) committee. However it was noted that City of Darwin were the only council to do so, so it is recommended that the Lord Mayor remain the ex-officio member.

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Committee Times

City of Darwin Executive Committee times are set at the discretion of the Chair and Committee. It is suggested that they are scheduled in the week between the 1st Ordinary Council and 2nd Ordinary Council Meetings, so that the recommendations from the committee can be dealt with at the latter meeting.

The 21st Council held monthly committee meetings from February to November each year. Council can consider whether every second month or quarterly meetings would be appropriate going forward.

Delegations

The CEO may delegate or sub-delegate a power or function to a person or committee for the purpose of enforcing the Local Government Act, the Regulations or By-laws and any other Act, Regulation or By-law of which powers are invested in Council.

Delegations are undertaken in accordance with and subject to: o The provisions of the Local Government Act, Regulations and any other legislation relevant to the delegation; o All and every policy adopted by resolution and current at the time of the exercise of the functions delegated; o Any procedure or directive of the Chief Executive Officer; o The provisions contained in the Darwin City Council By-laws.

CONSULTATION PROCESS

In preparing this report, the following City of Darwin officers were consulted:

 Committee Administrator  General Manager City Futures

In preparing this report, the following External Parties were consulted:

 Local Government Association of the NT  Development Consent Authority

POLICY IMPLICATIONS

The Elected Members Committee Handbook is included as an attachment to Policy No. 043 - Meetings, Meeting Procedures and Committees. It will be updated as a result of this report.

City of Darwin has a number of policies and procedures that govern the use of delegations within the organisation.

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BUDGET AND RESOURCE IMPLICATIONS

Elected Members are entitled to an Extra Meeting Allowance when attending meetings of external agencies or organisations to which the Council has formally appointed or nominated through or with LGANT as a representative.

The sub-delegations from the CEO contain financial delegations to City of Darwin officers for the purpose of committing Council to expenditure on goods and services.

RISK/LEGAL/LEGISLATIVE IMPLICATIONS

Part 5.2 Council committees 54 Council committees (1) A council may establish council committees. (2) A council committee consists of the persons appointed by the council to be members of the committee. (3) The members of a council committee may consist of, or include, persons who are not members of the council.

Note A member of the council's staff is eligible for appointment as a member of a council committee (even though staff members may be disqualified from membership of the council itself).

(4) The terms and conditions on which a person holds office as a member of a council committee are to be as determined by the council. (5) The council may abolish a council committee.

55 Nature of committee's functions (1) A council committee has the functions assigned to the committee by the council. (2) The assigned functions may be of an executive or advisory nature. (3) An executive committee carries out, on behalf of the council, functions delegated to it by the council.

Division 3 Delegation

32 Delegation (1) A council may delegate powers and functions. (2) A delegation may be made to: (a) a local authority; or (aa) a local board; or (b) a council committee; or (c) a local government subsidiary; or (d) the CEO. (3) However: (a) the power to impose rates cannot be delegated; and (b) if power to incur financial liabilities is delegated the council must fix reasonable limits on the delegate's authority; and

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ENVIRONMENTAL IMPLICATIONS

Nil

COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION

We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter.

MELISSA REITER BRENDAN DOWD EXECUTIVE MANAGER CHIEF EXECUTIVE OFFICER

For enquiries, please contact Melissa Reiter on 89300516 or email: [email protected].

86 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 87 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/20

14.2 OFFICERS REPORTS (RECEIVE & NOTE)

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/20 87 88

ENCL: 2ND ORDINARY COUNCIL MEETING/OPEN AGENDA ITEM: 14.2.1 YES

MONTHLY FINANCIAL REPORT - AUGUST 2017

REPORT No.: 17CP0021 MC:je COMMON No.: 2476534 DATE: 26/09/2017

Presenter: Manager Finance, Miles Craighead

Approved: Acting General Manager City Performance, Richard Iap

PURPOSE

The purpose of this report is to provide a comparison of income and expenditure against the budget for the period ended 31 August 2017 in accordance with the Local Government (Accounting) Regulations.

LINK TO STRATEGIC PLAN

The issues addressed in this Report are in accordance with the following Goals/Strategies as outlined in the ‘Evolving Darwin Towards 2020 Strategic Plan’:-

Goal 5 Effective and Responsible Governance Outcome 5.5 Responsible financial and asset management Key Strategies 5.5.1 Manage Council’s business based on a sustainable financial and asset management strategy

KEY ISSUES

 The monthly financial report meets Council’s statutory requirements.  Preparation of the 2016/17 annual financial statements for audit and related issues are the current focus.  There are no overall concerns with this month’s report.

RECOMMENDATIONS

THAT Report Number 17CP0021 MC:je entitled Monthly Financial Report - August 2017, be received and noted.

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BACKGROUND

Council has endorsed the format of the Monthly Financial Report. It is in compliance with the Local Government Accounting Regulations in respect of monthly financial reporting.

DISCUSSION

The following statements are included at Attachment A.

Overall Income Statement The Overall Income Statement contains all sources of Council’s income (revenue) and operating expenses. Processing of End of Financial Year adjustments is not yet completed and will impact on reported results.

Municipal Plan Summary The Municipal Plan Summary follows a similar format to the statement of cash flows, but is based on working capital rather than cash. The actual transfers to and from cash-backed reserves will not be processed until the end of the 1st quarter. Elected Members can also refer to the quarterly budget reviews for more detailed final information as these become available.

Investments Report This report details all cash and investments held by institutions and provide information on interest rate returns, maturities and policy compliance.

Accounts Receivable Report Details rate receipt collection, outstanding general debtors and performance on rates recovery compared to the previous year. The report includes additional information on infringement debtors, rates arrears, rates struck and rates outstanding (bar chart).

CONSULTATION PROCESS

Nil

POLICY IMPLICATIONS

Nil

BUDGET AND RESOURCE IMPLICATIONS

Nil

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RISK/LEGAL/LEGISLATIVE IMPLICATIONS

The information that is provided is considered to more than achieve statutory compliance as set out below:

Part 8 of the Local Government (Accounting) Regulations require that a monthly financial report is presented to Council.

Regulation 18 states:-

1. The CEO must, in each month, lay before a meeting of the council a report, in a form approved by the council, setting out:

a) The actual income and expenditure of the council for the period from the commencement of the financial year to the end of the previous month; and

b) The forecast income and expenditure for the whole of the financial year.

2. The report must include:

a) Details of all cash and investments held by the council (including money held in trust); and

b) A statement on the debts owed to the council including the aggregate amount owed under each category with a general indication of the age of the debts; and

c) Other information required by the Council.

3. If a council does not hold a meeting in a particular month, the report is to be laid before the council committee performing the council's financial functions for the particular month.

It should be noted that monthly financial reports are not independently audited, but are subject to internal control and review processes.

ENVIRONMENTAL IMPLICATIONS

Nil

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COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION

We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter.

MILES CRAIGHEAD RICHARD IAP MANAGER FINANCE ACTING GENERAL MANAGER CITY PERFORMANCE

For enquiries, please contact Miles Craighead on 8930 0523 or email: [email protected].

Attachments:

Attachment A: Monthly Financial Report – August 2017

91 92

Income Statement For the Period Ended 31/08/2017 2017/18 Full Original Full Amended YTD YTD v FAB Budget Budget Actual $'000 $'000 $'000 %

% of year elapsed 17%

Income from Continuing Operations Comment Rates & Annual Charges 69,069 69,069 69,188 100% No issues User Charges, Fees & Other 26,341 26,341 5,028 19% No issues Interest & Investment Revenue 1,953 1,953 358 18% No issues Grants & Contributions - Operating 5,143 5,143 412 8% Below Target Total Income from Continuing Operations 102,506 102,506 74,985 73%

Less Expenses from Continuing Operations Employee Costs 32,313 32,313 5,404 17% No issues Borrowing Costs 291 291 37 13% No issues Materials and Services 49,429 49,429 7,635 15% No issues Depreciation and Amortisation 24,037 24,037 4,006 17% No issues Total Expenses from Continuing Operations 106,070 106,070 17,082 16%

Operating Result - Continuing Operations (3,564) (3,564) 57,903

Grants & Contributions - Capital 2,113 2,113 2,077 98% No issues

Net Operating Result For the Year (1,451) (1,451) 59,980

Income Statement

Explanation of Columns: "Full Original Budget" and "Full Amended Budget" are full year. YTD Actual is year to date. YTD v FAB is the % of actuals achieved against the full year original budget.

Outlines income and operating expenses. Excludes capital expenditure and instead recognises depreciation expense. The net operating surplus or deficit for the reporting period is a measure of Council's financial performance. This figure is determined by deducting total operating expenses including depreciation from total operating revenue.

Operating income: Rates are recognised at the beginning of the year hence 100% achieved. Although User charges, fees and other revenue are slightly above target at 19% this is mainly due to the issuing of Off Street parking permits and animal registrations at the beginning of the year. Operating grants is below target due to library operational grant not being received yet.

Operating expenses: Overall expenditure appears reasonable for this 2nd month of the financial year. Depreciation is recognised on the basis of 1/12 of budget per month until 2016/17 audit is complete.

Capital income: R2R grant for Dinah Beach Road Project received in full.

Finance: There are no overall concerns in relation to the original budget.

92 93

Municipal Plan Summary For the Period Ended 31/08/2017 2017/18 Full Original Full Amended YTD YTD v FAB Budget Budget Actual $'000 $'000 $'000 %

% of year elapsed 17% Funds From Operating Activities Net Operating Result From Above (1,451) (1,451) 59,980 Add back depreciation (not cash) 24,037 24,037 4,006 Add back Loss on Asset Disposal (non cash) - - - Net Funds Provided (or used in) Operating Activities 22,586 22,586 63,986

Funds From Investing activities Sale of Infrastructure, Property, Plant & Equipment 783 783 17 2% Purchase of Infrastructure, Property, Plant & Equipment (21,633) (21,633) (3,673) 17% Net Funds Provided (or used in) Investing Activities (20,850) (20,850) (3,656)

Funds From Financing Activities Proceeds from borrowings & advances 2,100 2,100 - 0% Repayment of borrowings & advances (384) (384) - 0% Net Funds Provided (or used in) Financing Activities 1,716 1,716 -

Net Increase (-Decrease) in Funds Before Transfers 3,452 3,452 60,330

Transfers from (-to) Reserves (3,452) (3,452) -

Net Increase (-Decrease) in Funds After Transfers - - 60,330

Municipal Plan Summary

Outlines This statement outlines Councils entire budget in accordance with the published municipal plan. It shows the effect on General Funds (original budget ‐ break even/nil). It groups items into operating, investing and financing and has a very close relationship to cash flows , which is why it is presented in the same international format. It eliminates the depreciation calculation and discloses totals for asset sales and purchases as well as loan raising and repayments. Finally it discloses the transfers to & from cash backed reserves which are detailed in the quarterly budget review reports (actual transfers to/from reserves are not actioned until the end of the 1st quarter).

Full Amended Budget: Some carry forward from 2016/17 have been approved but are not included in the amended budget in this report. This will be addressed in future reports.

Net funds provided by operating activities: These will reduce throughout the year to equate more closely to budget as the rates struck are expended.

Purchase of Infrastructure, property etc. This appears to be progressng as expected.

Transfers from (‐to) reserves: This discloses the transfers to & from cash backed reserves, these details will be provided following the completion of the 1st quarter.

Manager Finance: There are no overall concerns in relation to the budgets.

93 94

CASH AND INVESTMENTS SUMMARY

As at 31 August, 2017 Council's short term cash position was as follows:

1. General Fund

Cash at Bank $ 3,415,503 Short Term Investments $ 61,731,017 Total Funds $ 65,146,520 Council has an arrangement with its financial institution the Commonwealth Bank of Australia to offset Council's overdraft facility against pooled funds held in Council's Trust Account and General Account.

FUNDS INVESTED MATURITY PROFILE As at 31 AUGUST 2017

8 Millions 6

2. Trust Account

Cash at Bank $591,825.40 Total Funds $591,825.40

94 95

INVESTMENTS REPORT TO COUNCIL AS AT 31 AUGUST 2017

INVESTMENT FUNDS DISTRIBUTION PER INSTITUTION AMP (A1) BankWest (A1+) (Regional Bank) (Major Bank) 5% 6%

ME Bank Pty (A2) (Regional Bank) 14%

Westpac (A1+) (Major Bank) 36%

Bank of Queensland (A2) (Regional Bank) 5%

Suncorp (A1) (Regional Bank) 15%

NAB (A1+) (Major Bank) 19%

Investment Policy Limits

Short Term Policy Max. Actual Portfolio Counterparty Policy Min. Policy Max. Actual Portfolio A1+ 100% 61% Major Banks 15% 100% 55% A1 45% 20% Regional Banks 0% 45% 45% A2 25% 19% 0% 45% 0% Unrated* 10% 0% Credit Unions/Building Societies/ Other ADI's

Total 100% Total 100%

% Over Total Individual Banks Policy Max. Investment Term to Maturity Policy Min. Policy Max. Actual Portfolio National Australia Bank (A1+) (AA-) 40% 19% < 1 Year 30% 100% 100% Westpac (A1+) (AA-) 40% 36% > 1 Year 0% 50% 0% AMP (A1) (A) 30% 5% > 3 Years 0% 30% 0% Suncorp-Metway (A1) (A+) 30% 15% > 5 Years 0% 10% 0% Bankwest (A1+) (AA-) 30% 6% Bank of Qld (A2) (BBB+) 30% 5% Total 100%

Bendigo and Adelaide Bank Ltd (A2) (BBB+) 10% 0% ME Bank (A2) (BBB) 10% 14%

Total 100%

Note: Grandfathering applies to ME Bank (A2) (BBB), it has become ineligible as a result of a change of investment policy. Please refer to Investment Policy # 024. page 6. Downgrades & "Grandfathering" This is expected to meet new policy during September.

95 INVESTMENTS REPORT TO COUNCIL AS AT 31 AUGUST 2017 96 Investment Portfolio 31/08/2017

CREDIT INV INTEREST DAYS TO WEIGHTED AVERAGE COUNTERPARTY AMOUNT MATURITY DATE INSTITUTION TOTALS % RATING TYPE RATE MATURITY RATE

(ST) (LT)

Major Banks Total @ Invested $ 33,592,430.72 54.42% of portfolio (A1+) (AA-) National Bank of Australia TD $ 1,018,733.16 2.62% September 12, 2017 12 0.000432373 $ 11,444,711.32 18.54% (A1+) (AA-) National Bank of Australia TD $ 1,000,000.00 2.60% October 17, 2017 47 0.000421182 (A1+) (AA-) National Bank of Australia TD $ 1,034,485.07 2.61% November 14, 2017 75 0.000437382 (A1+) (AA-) National Bank of Australia TD $ 1,034,485.07 2.61% November 14, 2017 75 0.000437382 (A1+) (AA-) National Bank of Australia TD $ 1,111,197.94 2.60% November 28, 2017 89 0.000468017 (A1+) (AA-) National Bank of Australia TD $ 1,000,000.00 2.61% December 12, 2017 103 0.000422802 (A1+) (AA-) National Bank of Australia TD $ 1,070,134.13 2.49% January 30, 2018 152 0.000431652 (A1+) (AA-) National Bank of Australia TD $ 1,089,503.86 2.50% February 6, 2018 159 0.000441230 (A1+) (AA-) National Bank of Australia TD $ 1,019,229.87 2.53% February 6, 2018 159 0.000417724 (A1+) (AA-) National Bank of Australia TD $ 1,066,942.22 2.53% March 13, 2018 194 0.000437278 (A1+) (AA-) National Bank of Australia TD $ 1,000,000.00 2.57% March 20, 2018 201 0.000416322

(A1+) (AA-) Westpac TD $ 1,000,000.00 2.77% September 5, 2017 5 0.000448721 $ 22,147,719.40 35.88% (A1+) (AA-) Westpac TD $ 1,000,000.00 2.76% September 5, 2017 5 0.000447101 (A1+) (AA-) Westpac TD $ 1,000,000.00 2.77% September 12, 2017 12 0.000448721 (A1+) (AA-) Westpac TD $ 1,018,986.30 2.73% September 26, 2017 26 0.000450638 (A1+) (AA-) Westpac TD $ 1,019,619.18 2.80% October 10, 2017 40 0.000462480 (A1+) (AA-) Westpac TD $ 1,000,000.00 2.80% October 10, 2017 40 0.000453581 (A1+) (AA-) Westpac TD $ 1,000,000.00 2.74% December 12, 2017 103 0.000443861 (A1+) (AA-) Westpac TD $ 1,000,000.00 2.67% January 16, 2018 138 0.000432522 (A1+) (AA-) Westpac TD $ 1,037,372.55 2.67% January 23, 2018 145 0.000448686 (A1+) (AA-) Westpac TD $ 1,019,235.62 2.65% January 23, 2018 145 0.000437539 (A1+) (AA-) Westpac TD $ 1,000,000.00 2.65% January 30, 2018 152 0.000429282 (A1+) (AA-) Westpac TD $ 1,000,000.00 2.65% January 30, 2018 152 0.000429282 (A1+) (AA-) Westpac TD $ 1,000,000.00 2.55% February 13, 2018 166 0.000413082 (A1+) (AA-) Westpac TD $ 1,000,000.00 2.68% February 13, 2018 166 0.000434142 (A1+) (AA-) Westpac TD $ 1,000,000.00 2.68% February 20, 2018 173 0.000434142 (A1+) (AA-) Westpac TD $ 1,016,052.05 2.70% February 20, 2018 173 0.000444402 (A1+) (AA-) Westpac TD $ 1,017,605.48 2.65% February 27, 2018 180 0.000436839 (A1+) (AA-) Westpac TD $ 1,000,000.00 2.67% February 27, 2018 180 0.000432522 (A1+) (AA-) Westpac TD $ 1,000,000.00 2.65% February 27, 2018 180 0.000429282 (A1+) (AA-) Westpac TD $ 1,000,000.00 2.65% March 6, 2018 187 0.000429282 (A1+) (AA-) Westpac TD $ 1,000,000.00 2.65% March 6, 2018 187 0.000429282 (A1+) (AA-) Westpac TD $ 1,018,848.22 2.66% March 13, 2018 194 0.000439023 Regional Banks Total @ Invested $ 28,138,586.10 45.58% of portfolio (A1) (A) AMP Bank Limited TD $ 1,000,000.00 2.75% December 5, 2017 96 0.000445481 $ 3,000,000.00 4.86% (A1) (A) AMP Bank Limited TD $ 1,000,000.00 2.75% December 5, 2017 96 0.000445481 (A1) (A) AMP Bank Limited TD $ 1,000,000.00 2.75% January 2, 2018 124 0.000445481

(A1+) (AA-) Bankwest TD $ 1,000,000.00 2.60% November 28, 2017 89 0.000421182 $ 4,000,000.00 6.48% (A1+) (AA-) Bankwest TD $ 1,000,000.00 2.60% January 2, 2018 124 0.000421182 (A1+) (AA-) Bankwest TD $ 1,000,000.00 2.55% January 9, 2018 131 0.000413082 (A1+) (AA-) Bankwest TD $ 1,000,000.00 2.55% January 9, 2018 131 0.000413082

(A1) (A+) Suncorp-Metway Limited TD $ 1,018,273.97 0.00% October 17, 2017 47 0.000000000 $ 9,102,258.98 14.84% (A1) (A+) Suncorp-Metway Limited TD $ 1,017,593.97 0.00% November 7, 2017 68 0.000000000 (A1) (A+) Suncorp-Metway Limited TD $ 1,036,914.32 2.60% November 7, 2017 68 0.000436730 (A1) (A+) Suncorp-Metway Limited TD $ 1,014,738.36 2.60% November 21, 2017 82 0.000427390 (A1) (A+) Suncorp-Metway Limited TD $ 1,000,000.00 2.60% November 21, 2017 82 0.000421182 (A1) (A+) Suncorp-Metway Limited TD $ 1,014,738.36 2.60% November 28, 2017 89 0.000427390 (A1) (A+) Suncorp-Metway Limited TD $ 1,000,000.00 2.60% December 19, 2017 110 0.000421182 (A1) (A+) Suncorp-Metway Limited TD $ 1,000,000.00 2.60% December 19, 2017 110 0.000421182 (A1) (A+) Suncorp-Metway Limited TD $ 1,000,000.00 2.60% December 19, 2017 110 0.000421182

(A2) (BBB+) Bank of Queensland Limited TD $ 1,018,163.56 2.62% September 26, 2017 26 0.000432131 $ 3,036,327.12 5.00% (A2) (BBB+) Bank of Queensland Limited TD $ 1,018,163.56 2.62% October 24, 2017 54 0.000432131 (A2) (BBB+) Bank of Queensland Limited TD $ 1,000,000.00 2.63% January 16, 2018 138 0.000426042 (A2) (BBB) ME Bank TD $ 1,000,000.00 2.77% September 19, 2017 19 0.000448721 $ 9,000,000.00 14.40% (A2) (BBB) ME Bank TD $ 1,000,000.00 2.77% September 26, 2017 26 0.000448721 (A2) (BBB) ME Bank TD $ 1,000,000.00 2.80% September 19, 2017 19 0.000453581 (A2) (BBB) ME Bank TD $ 1,000,000.00 2.74% October 31, 2017 61 0.000443861 (A2) (BBB) ME Bank TD $ 1,000,000.00 2.74% October 31, 2017 61 0.000443861 (A2) (BBB) ME Bank TD $ 1,000,000.00 2.74% October 31, 2017 61 0.000443861 (A2) (BBB) ME Bank TD $ 1,000,000.00 2.73% October 3, 2017 33 0.000442241 (A2) (BBB) ME Bank TD $ 1,000,000.00 2.70% October 3, 2017 33 0.000437381 (A2) (BBB) ME Bank TD $ 1,000,000.00 2.68% October 24, 2017 54 0.000434142

Credit Societies Total @ Invested $ - 0.00% of portfolio

2.57% 1.71% Average Days to TOTAL FUNDS INVESTED $ 61,731,017 100.00% 101 Weighted Average BBSW 90 Day Rate 100.00% Maturity

GENERAL BANK FUNDS AS OF 31/8/2017 $ 3,415,503 Type of Investment Amount % Portfolio Term Deposit $ 61,731,016.82 95% TOTAL ALL FUNDS $ 65,146,520 Bank Bills $ - Negotiable Certificate of Deposit $ - Total Budget Investment Earnings $ 1,647,555 CBA At Call $ 3,415,502.79 5%

Year to Date Investment Earnings $ 307,603 $ 65,146,519.61 100% 96 97

FINANCE DEPARTMENT SERVICE LEVEL REPORT TO COUNCIL FOR THE MONTH OF AUGUST 2017

RATE RECEIPTS BY PAYMENT TYPE LAST 12 MONTHS

Credit Card 4.2% Cash Aust Post Centrepay Cheques 1.5% 20.0% 4.3% 0.3% EFT 1.0% Major Agents 14.0%

Web Site 11.2% B-Pay Direct Debits 34.3% 9.2%

ACCOUNTS RECEIVABLE OUTSTANDING DEBTORS

2,500 Thousands 2,000

1,500 90 + Days 60 Days 30 Days 1,000 Current

500

- Works, Hire, Rentals Shoal Bay Car Park Shortfall Other Infringements Permits

Pursuant to Local Government (Accounting) Regulations Sec 18(2)(b) the chart labelled "Accounts Receivable Outstanding Debtors" represents sundry debts owed to Council on an "aged" basis.

97 98

MONTHLY RATES RECOVERY TOTALS 2018

80 100%

Millions 70

80% 60 $ Outstanding

50 $62,877,262 60%

40 % Outstanding $ Outstanding 2017/2018 40% 30 90.48% $ Outstanding 2016/2017 % Recovered 2017/2018 % Recovered 2016/2017 20 20%

0 0%

The chart labelled "Monthly Rates Recovery Totals" represents the amounts currently outstanding in Rates to Council, rates are either due or overdue and no further "ageing" is possible.

Rates Debit Balance Analysis

$70

Current Bal Millions $60 Arrears

$50

$40

$60,580,114 $30

$20

$10

$2,945,659 $2,297,147 $- 2017 EOFY 2018 YTD

98 99

ENCL: 2ND ORDINARY COUNCIL MEETING/OPEN AGENDA ITEM: 14.2.2 NO

PARAP POOL REDEVELOPMENT UPDATE SEPTEMBER 2017

REPORT No.: 17CL0015 AM:kl COMMON No.: 2918032 DATE: 26/09/2017

Presenter: General Manager City Life, Anna Malgorzewicz

Approved: Chief Executive Officer, Brendan Dowd

PURPOSE

The purpose of this report is to provide Council with a progress report on the Parap Pool Redevelopment Project.

LINK TO STRATEGIC PLAN

The issues addressed in this Report are in accordance with the following Goals/Strategies as outlined in the ‘Evolving Darwin Towards 2020 Strategic Plan’:-

Goal 2 Vibrant, Flexible and Tropical Lifestyle Outcome 2.3 Increased sport, recreation and leisure experiences Key Strategies 2.3.2 Position Darwin as a host centre for local, national and international sport and other events

KEY ISSUES

 Monthly progress reports are provided to Council on this key capital project.  Dry Season construction has progressed in accordance with the project schedule.  Overall construction on the Parap Pool site has achieved 80% completion.  Public Art elements have progressed well and installation of these elements will be undertaken during October 2017.  Ongoing engagement with swimming clubs and stakeholder groups continues to ensure needs and aspirations are addressed in the final delivery of the facility.  Discussions also took place during the month with Swimming Australia and NT Major Events regarding future fixtures at the FINA compliant facility.

RECOMMENDATIONS

THAT Report Number 17CL0015 AM:kl entitled Parap Pool Redevelopment Update September 2017, be received and noted.

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PAGE: 2 REPORT NUMBER: 17CL0015 AM:kl SUBJECT: PARAP POOL REDEVELOPMENT UPDATE SEPTEMBER 2017

BACKGROUND

PREVIOUS DECISIONS

DECISION NO.21\5617 (25/07/17)

Parap Pool Redevelopment Progress Update July 2017 Report No. 17CL0002 AM:kl (25/07/17) Common No. 2918032

THAT Report Number 17CL0002 AM:kl entitled Parap Pool Redevelopment Update Report July 2017, be received and noted.

DECISION NO. 21\4787 (07/09/16)

Parap Pool Redevelopment - Award of Tender Contract Report No. 16TS0152 NK:jg (07/09/16) Common No. 2918032

A. THAT Council approve the reduction of project elements as detailed in Attachment B of Report Number 16TS0152 NK:jg entitled Parap Pool Redevelopment – Award of Tender Contract.

B. THAT Council meet the additional funds required for the Parap Pool redevelopment by allocation of $223,000 from the anticipated end of year surplus funds and reallocation of $780,000 from the 2016/2017 Capital Works program as detailed in Report Number 16TS0152 NK:jg entitled Parap Pool Redevelopment - Award of Tender Contract.

C. THAT Council endorse a contingency amount of $1,400,000 (as detailed in Report Number 16TS0152 NK:jg entitled Parap Pool Redevelopment - Award of Tender Contract and that the options for funding this be considered as part of the quarterly budget review process.

D. THAT Council, pursuant to Section 32(2)(d) of the Local Government Act 2008, hereby delegates to the Chief Executive Officer, the power to finalise and enter into a contract for the redevelopment of the Parap Pool with Sunbuild Pty Ltd as described in report Number 16TS0152 NK:jd entitled Parap Pool Redevelopment - Award of Tender Contract.

E. THAT Council approach the Northern Territory Government to assist with additional funding for the community elements and contingency.

F. THAT the decision be moved into Open after the contract has been awarded.

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DECISION NO. 21\4351 (26/04/16)

Parap Pool Redevelopment – Progress Report Report No. 16C0043 AM:kl (26/04/16) Common No. 2918032

B. THAT Council, pursuant to Section 32 (2) of the Local Government Act hereby delegates to the Chief Executive Officer power to finalise the funding agreement between the City of Darwin and the Northern Territory Government regarding the Parap Pool Redevelopment.

DECISION NO. 21\4069 (09/02/16)

Parap Pool Redevelopment – Master Plan Report No. 16TS0030 LC:jw (09/02/16) Common No. 2918032

B. THAT Council endorse the Parap Pool Redevelopment Master Plan Stage 1, being Attachment B to Report Number 16TS0030 LC:jw entitled Parap Pool Redevelopment – Master Plan, and notes that the design and lodgement of a Development Application is proceeding.

C. THAT Council note that the new amenities facility and the following community elements are estimated to cost $5 million;

a. Children’s water play area (wet activity) b. Children’s playground (dry activity area) c. Shaded facilities to prepare and share food (community space) d. Aquatic activity for children and youth (leisure water) e. Outdoor shaded area for community and group exercise

D. THAT Council not proceed with the new amenities facility and community elements unless the Northern Territory Government commits to substantially funding these components of the project.

DISCUSSION

Significant progress has been made on the Parap Pool construction program since the last report to Council.

The consistency of the Dry Season conditions allowed for construction to progress in accordance with the Contractor’s plan and the original project timeline. This result has been achieved through an increased level of personnel on the ground, a requirement following the extensive Wet Season.

Construction has progressed to reach 80% of physical works complete and remains on track for an accelerated completion. This will allow commissioning of equipment and handover to occur between October and December 2017.

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Progress in September to key elements of the project include:

• 50m & 25m pools – tiling 100% complete; filling of the pools completed; • 50m & 25m pools – filtration and pump commissioning commenced; • 50m Pool Adjustable Boom – arrived in Darwin and positioned in the pool; • Concrete Works – pool concourse, paths and access roads 100% complete; • Building A – administration, amenities; internal fitout 90% complete; • Building B – pump and plant room; filtration plumbing 90% complete; • Minor buildings – operations / swimming club / control room 100% complete; • Landscaping – 80% complete; • Car Park Asphalt – 50% complete; • Children’s Wet Play – 40% complete

All the major building foundations and structural work is complete. The bulk of work remaining is to the exterior of the facility. The car park including asphalt and line marking will be finished in the first week of October.

Internally, the remaining trades are completing installation of electronics and internet wiring, minor plumbing works to the bathrooms and final painting activities throughout the facility prior to handover. The internal landscaping and irrigation is approaching completion with all plants and grass in the ground and receiving water, ensuring health of the stock ahead of the facility commencing operation.

Preparation is underway for the specialist commissioning and handover of the pool filtration and pumping system. This is a very technical process which will involve a period of training for future operators of the facility.

Public Art The façade of the main building provided a canvas for an integrated public art project. The inspirational façade work is on a grand scale and will be a precedent installation in the integrated public art landscape in Darwin. The work has north, west and east elevations and spans 350 square metres. It will be installed in late September 2017. Council’s public artist Jill Chism has worked closely with the project design architects Liquid Blu to ensure a seamless linkage between the built form and artistic statement.

The concrete footings for the entrance sculpture were installed during the month and the sculpture is due to arrive onsite on 2 October 2017 ready for installation. This will be complete by 4 October 2017. Xoolum and lumascape lighting at the base of the sculpture will be completed in the following week.

The provision of professional development opportunities with the contracted Public Artist Jill Chism has continued with the delivery of a five hour masterclass tailored purposefully to the delivery of public art in Darwin. The masterclass took place on Saturday 16 September 2017 with seven of the eight invited artists attending. The invited artists were identified by Council’s Arts and Cultural Development Advisory Committee.

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Design development on the Memory Wall, the internal façade of the main building complex, proceeded during the month with final selection of images and text preparation. Planning for the dedication plaque, which will be incorporated into this surface, is also underway with a final design to be presented in the coming weeks.

Stakeholder Engagement A site tour was conducted during September for pool stakeholders to inspect the progress of the facility and view elements that will be essential to their operations such as storage capacity, shared club rooms, control rooms and amenities. Representatives from Masters, Darwin Swimming Club, Nightcliff Swimming Club, Water Polo, Stingers Swimming Club, Royal Lifesaving Society NT, and Arafura Swimming Club were in attendance. Swimming NT and Casuarina Swimming Club were unable to attend.

Stakeholders identified a number of valuable insights and additions relating to access, future use by swimmers and clubs and future competition requirements that will be addressed prior to the final completion of the facility.

Opening and Future Use Planning for the soft opening and official opening is underway and dates will be finalised during October 2017. Appropriate advice will also be provided to the Commonwealth Government as per the funding agreement with Council.

Discussions took place during the month with Swimming Australia and NT Major Events regarding future fixtures at the FINA compliant facility. These discussions are ongoing with the intention of preparing a bidding document in the future to ensure the new facility hosts national events in the future.

CONSULTATION PROCESS

In preparing this report, the following City of Darwin officers were consulted:

 General Manager City Operations  Manager, Recreation, Events and Customer Service  Manager, Capital Works  Senior Project Officer Capital Works  Coordinator Arts & Cultural Development

In preparing this report, the following External Parties were consulted:

 Swimming Pool Stakeholders  Swimming Australia  NT Major Events

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POLICY IMPLICATIONS

City of Darwin Policy No. 046 – Recreation and Healthy Lifestyle, provides a framework for the design, development and management of facilities that support pursuits to encourage healthy lifestyles and community connectedness.

BUDGET AND RESOURCE IMPLICATIONS

INCOME BUDGET CW Grant $ 4,480,000 Design & Supervision $ 960,000 CoD Matched $ 4,480,000 Construction $14,000,000 NTG $ 5,000,000 $ 2016/17 Capital Budget $ 780,000 2016 EOY Surplus $ 223,000

TOTAL $14,963,000 TOTAL $14,960,000

EXPENDITURE TO DATE COST TO COMPLETE $12,223,000 $2,974,500

*All amounts are GST Exclusive

At its September 2016 meeting, Council also endorsed a contingency amount of $1,400,000 (as detailed in Report Number 16TS0152 NK:jg entitled Parap Pool Redevelopment - Award of Tender Contract) and that the options for funding this be considered as part of the quarterly budget review process.

RISK/LEGAL/LEGISLATIVE IMPLICATIONS

There are a number of risks regarding the project including:

 Budget constraints;  Timeframe for completion; and  Community expectations.

Risks and mitigation measures are continually monitored and reviewed as the project proceeds. Decision making points for the project have been identified to ensure critical milestones are presented to Council in a timely manner for resolution in order to comply with the conditions of the Australian Government funding agreement. A further milestone report is scheduled for completion at the end of the month.

ENVIRONMENTAL IMPLICATIONS

The design for the redevelopment will take into consideration environmental measures, subject to budget availability. This will include measures for temperature control of the two water tanks, solar power, energy, water efficient devices and pool shade. These measures will assist in modifying environmental conditions for the comfort of all users and forms part of FINA compliance requirements.

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The Master Plan features the retention of the established Beauty Leaf trees and sensitive landscaping throughout both the internal and external areas of the facility.

COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION

We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter.

ANNA MALGORZEWICZ BRENDAN DOWD GENERAL MANAGER CITY LIFE CHIEF EXECUTIVE OFFICER

For enquiries, please contact Anna Malgorzewicz on 89300633 or email: [email protected].

105 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 106 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/21

15. TOWN PLANNING REPORT/LETTERS

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/21 106 107

ENCL: 2ND ORDINARY COUNCIL MEETING/OPEN AGENDA ITEM: 15.1 YES

COUNCIL RESPONSES TO PLANNING APPLICATIONS - SEPTEMBER 2017

REPORT No.: 17CF0014 BS:hd COMMON No.: 2547669 DATE: 26/09/2017

Presenter: Acting Manager City Planning, David Burrow

Approved: General Manager City Futures, Gerard Rosse

PURPOSE

The purpose of this report is to present to Council for consideration, responses to Planning Applications exhibited between 2 September and 15 September 2017.

LINK TO STRATEGIC PLAN

The issues addressed in this Report are in accordance with the following Goals/Strategies as outlined in the ‘Evolving Darwin Towards 2020 Strategic Plan’:-

Goal 1. Collaborative, Inclusive and Connected Community Outcome 1.4 Improved relations with all levels of government and significant stakeholders Key Strategies 1.4.2 Play an active role in strategic and statutory planning processes

KEY ISSUES

 A summary of City of Darwin responses to the Development Consent Authority for Development Applications exhibited between 2 September and 15 September 2017 is provided.  A comparison of Council responses for Planning-related Development Applications and the Development Consent Authority outcomes is included.

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PAGE: 2 REPORT NUMBER: 17CF0014 BS:hd SUBJECT: COUNCIL RESPONSES TO PLANNING APPLICATIONS - SEPTEMBER 2017

RECOMMENDATIONS

A. THAT Report Number 17CF0014 BS:hd entitled Council Responses to Planning Applications - September 2017, be received and noted.

B. THAT Council endorse the responses to the Development Consent Authority within Attachment A to Report Number 17CF0014 BS:hd entitled Council Responses to Planning Applications - September 2017.

C. THAT the cross-reference table of the Development Consent Authority outcomes at Attachment B to Report Number 17CF0014 BS:hd entitled Council Responses to Planning Applications - September 2017, be received and noted.

BACKGROUND

City of Darwin responded to three Development Applications exhibited between 2 September and 15 September 2017.

DISCUSSION

Development Applications

Of the three Development Applications City of Darwin officers recommend supporting all the applications.

Development Applications supported, subject to normal Council conditions

The table below describes the Development Applications that are supported by City of Darwin officers, subject to Council’s normal Development Permit conditions in regard to issues including, but not necessarily limited to, waste collection, access and stormwater drainage.

Responses to these Development Applications are provided as Attachment A to this report.

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PAGE: 3 REPORT NUMBER: 17CF0014 BS:hd SUBJECT: COUNCIL RESPONSES TO PLANNING APPLICATIONS - SEPTEMBER 2017

Property Address Description of Development Proposal

Portion 2507 - Hundred of Bagot 3 x 2 bedroom multiple dwellings in 2 single storey buildings 14 Gleneagles Crescent, Marrara (Reduced front setback, requires 6m, proposes 5.1m & carport, requires 4.5m, proposes 3.4m) Lot 3120 - Town of Nightcliff Carport addition to an existing single dwelling with a reduced front setback 14 Pickford Street, Jingili (Requires 4.5m, proposes 2.09m) Lot 1517 - Town of Darwin Change of use from leisure and recreation to education establishment 3 Searcy Street, Darwin City (Shortfall of 5 car parks to be charged under the Local Government Regulations)

Any variation to setbacks must be in accordance with intent of Clause 7.3 Building Setbacks of Residential Buildings and Ancillary Structures of the Northern Territory Planning Scheme.

The purpose of setbacks as outlined within the clause is to ensure development is compatible with the streetscape, minimise the adverse effects of building massing, avoid overlooking from adjoining properties, and encourage breeze penetration through and between buildings. In the instances listed above, the proposed developments were considered to adequately address the intent of Clause 7.3 despite a reduction in the prescribed setback.

Cross Reference Table

A comparison of Council letter responses and the Development Consent Authority outcomes for hearings held on 21 July, 4 August, 18 August and 8 September 2017 is provided in Attachment B.

CONSULTATION PROCESS

In preparing this report, the following City of Darwin officers were consulted:

 Planning Officer

POLICY IMPLICATIONS

Relevant Council policies are noted in individual letter responses.

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BUDGET AND RESOURCE IMPLICATIONS

Budget implications may arise from individual development applications, including payment in lieu of car parking, payment of various contribution plans, and long term upgrading of infrastructure and services as a result of accumulative development.

RISK/LEGAL/LEGISLATIVE IMPLICATIONS

Risks, legal and legislative implications, if applicable, are noted in individual letter responses.

ENVIRONMENTAL IMPLICATIONS

Environmental implications, if applicable, are noted in individual letter responses.

COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION

We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter.

DAVID BURROW GERARD ROSSE ACTING MANAGER GENERAL MANAGER CITY PLANNING CITY FUTURES

For enquiries, please contact Cindy Robson on 8930 0412 or email: [email protected].

Attachments:

Attachment A: Letters of support, subject to normal Council conditions, for Development Applications not yet considered by the Development Consent Authority Attachment B: Cross reference table of City of Darwin responses and the Development Consent Authority outcomes.

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8 September 2017 Please quote: 3489982 BS:hd Your reference: PA2017/0090

Mr Tony Brennan Acting Manager Urban Planning Department of Infrastructure, Planning & Logistics GPO Box 1680 DARWIN NT 0801

Dear Mr Brennan

Parcel Description: Portion 2507 - Hundred of Bagot 14 Gleneagles Crescent, Marrara

Proposed Development: 3x2 bedroom multiple dwellings in 2 single storey buildings

Thank you for the Development Application referred to this office 24 August 2017, concerning the above. This letter may be placed before City of Darwin’s, Ordinary Council Meeting. Should this letter be varied or not endorsed by Council, you will be advised accordingly.

The following issues are raised for consideration by the Authority: i). City of Darwin does not object to the granting of a Development Permit. ii). City of Darwin requests that should a Development Permit be issued, that the following be provided as a condition precedent:

a). A dilapidation report covering infrastructure within the road reserve to the satisfaction and at no cost to City of Darwin.

b). The crossover and driveway shall meet City of Darwin requirements.

c). City of Darwin requests that the Authority require a schematic plan demonstrating all stormwater to be collected on the site and discharged underground to City of Darwin’s stormwater drainage system. The applicant’s plans fail to demonstrate how on-site stormwater will be collected and discharged underground to City of Darwin’s drainage network.

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1). The plan shall include details of site levels and City of Darwin’s stormwater drain connection point/s. The plan shall also indicate how stormwater will be collected on the site and connected underground to City of Darwin’s system.

2). City of Darwin requires a stormwater drainage plan to confirm that it is technically feasible to collect stormwater on the site and dispose of it into City of Darwin’s stormwater drainage system. It is also necessary to ensure that no stormwater will sheet-flow into the road reserve or onto adjoining properties.

d). Site Construction City of Darwin requests that an Environmental and Construction Management Plan (ECMP) be required. The ECMP should specifically address the following: • waste management, • traffic control, • haulage routes, • storm water drainage, • use of City of Darwin land, and • how this land will be managed during the construction phase;

to the satisfaction of City of Darwin.

Note: Sediment control measures are to be established and maintained, to prevent silt and sediment escaping the site or producing erosion.

Building rubbish or debris must not be placed, or be permitted to be placed, on any adjoining public reserve, footway, road or private land, without first obtaining a works approval from City of Darwin.

Should this application be approved, the following conditions pursuant to the Planning Act and City of Darwin’s responsibilities under the Local Government Act are also recommended for inclusion in the Development Permit issued by the Development Consent Authority.

• Designs and specifications for landscaping of the road verges adjacent to the property shall be submitted for approval by City of Darwin and all approved works shall be constructed at the applicant’s expense, to the requirements of City of Darwin.

• The location, design and specifications for proposed and affected crossovers shall be provided at the applicant’s expense, to the satisfaction of City of Darwin.

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• Kerb crossovers and driveways to the site shall be provided and disused crossovers removed, public footpath and cycleways shall be provided, stormwater shall be collected and discharged into City of Darwin’s drainage network, and reinstatement works carried out, all of which is to be provided at the applicant’s expense and to the requirements and satisfaction of City of Darwin.

• Sight lines shall be provided at crossovers to public streets, to the satisfaction of City of Darwin. No fence or tree exceeding 0.6 metres in height shall be planted in front of the sight line.

• All developments on/or adjacent to any easements on-site, in favour of City of Darwin shall be carried out to the requirements and satisfaction of City of Darwin.

• Waste bin storage and pick-up shall be provided in accordance with City of Darwin Policy Number 54 - Waste Management.

• Stormwater connections to City of Darwin stormwater system and works on/over City of Darwin property shall be subject to separate application to City of Darwin, and shall be carried out to the requirements and satisfaction of City of Darwin.

In considering this application, the Development Consent Authority is requested to take into account any implications of the Disability Discrimination Act (Cth) or the Anti-Discrimination Act (NT) with regard to access for the disabled.

If you require any further discussion in relation to this application, please feel free to contact me on 8930 0412.

Yours faithfully

DAVID BURROW ACTING MANAGER CITY PLANNING

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8 September 2017 Please quote: 3633307 BS:hd Your reference: PA2017/0403

Mr Tony Brennan Acting Manager Urban Planning Department of Infrastructure, Planning & Logistics GPO Box 1680 DARWIN NT 0801

Dear Mr Brennan

Parcel Description: Lot 3120 - Town of Nightcliff 14 Pickford Street, Jingili

Proposed Development: Carport addition to an existing single dwelling with a reduced front setback

a). A dilapidation report covering infrastructure within the road reserve to the satisfaction and at no cost to City of Darwin.

City of Darwin comments on issues for which it is the sole responsible authority, under the Local Government Act and associated By-Laws:-

a). City of Darwin requests that the Authority require a schematic plan demonstrating that stormwater run-off is capable of being discharged across the lot surface to the main drainage system or to an approved alternate connection. The applicant’s plans fail to demonstrate how on-site stormwater will be collected and discharged to City of Darwin’s drainage network.

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1). City of Darwin stormwater discharge guidelines do not allow concentrated discharge of stormwater from a single dwelling lot to adjoining properties or the road reserve. All stormwater is to be piped or dispersed via sheet flow to the road reserve.

• All developments on/or adjacent to any easements on-site, in favour of City of Darwin shall be carried out to the requirements and satisfaction of City of Darwin.

• Any proposed stormwater connections to City of Darwin stormwater system or proposed works on/over City of Darwin property shall be subject to separate application to City of Darwin and shall be carried out to the requirements and satisfaction of City of Darwin.

If you require any further discussion in relation to this application, please feel free to contact me on 8930 0412.

Yours faithfully

DAVID BURROW ACTING MANAGER CITY PLANNING

115 116

6 September 2017 Please quote: 3638135 BS:hd Your reference: PA2017/0411

Mr Tony Brennan Acting Manager Urban Planning Department of Infrastructure, Planning & Logistics GPO Box 1680 DARWIN NT 0801

Dear Mr Brennan

Parcel Description: Lot 1517 - Town of Darwin 3 Searcy Street, Darwin City

Proposed Development: Change of use from leisure and recreation to education establishment

Thank you for the Development Application referred to this office 31 August 2017, concerning the above. This letter may be placed before City of Darwin’s, Ordinary Council Meeting. Should this letter be varied or not endorsed by Council, you will be advised accordingly.

The following issues are raised for consideration by the Authority: i). City of Darwin supports the granting of a Development Permit.

a). Lot 1517 (3) Searcy Street is subject to the Local Government (Darwin Parking Local Rates) Regulations, and is currently paying a car parking shortfall levy.

The submitted application indicates that eight car parks are provided on site, however, City of Darwin records indicate that there are five car parking bays located within the subject site.

A site visit confirmed that there is a support pole positioned in the middle of car parks 2 & 7 and that a vehicle cannot leave the premises in a forward gear when parked in car park 8, resulting in five compliant car parks.

The revised parking usage shortfall of five car parking bays will be charged to the premises under the Local Government (Darwin Parking Local Rates) Regulations.

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City of Darwin comments in relation to the Planning Act, the Northern Territory Planning Scheme and Land Use Objectives:-

a). City of Darwin requests that the Authority require a monetary contribution paid to City of Darwin in accordance with its Car Parking Contribution Plan in lieu of the on-site car parking shortfall as a result of this development. Should this application be approved, the following conditions pursuant to the Planning Act and City of Darwin’s responsibilities under the Local Government Act are also recommended for inclusion in the Development Permit issued by the Development Consent Authority.

If you require any further discussion in relation to this application, please feel free to contact me on 8930 0412.

Yours faithfully

DAVID BURROW ACTING MANAGER CITY PLANNING

117 CROSS REFERENCE SHEET – Meeting 298 – Friday 21 July 2017 ATTACHMENT B118

Note: City of Darwin requested precedent conditions have been included in each Development Permit.

DCA ITEM NUMBER & DEVELOPMENT CONSENT AUTHORITY SUMMARY OF ISSUES SUBJECT DESCRIPTION RESPONSE

ITEM 1 Change in use from warehouse to leisure and recreation The Development Consent Authority deferred (gym) consideration of the application and requested: PA2017/0274 City of Darwin did not support the granting of a Development The applicant demonstrate how the proposed Lot 1635 (1) Carey Street, Permit due to a car parking shortfall development and car parking complies with NT Darwin City Planning Scheme.

Town of Darwin

ITEM 2 Change of use of part of the building from guesthouse The Development Consent Authority consented to to hotel including alterations and additions to the the application and issued a Development Permit. PA2017/0269 existing building Relevant Conditions Precedent: Lot 3751 (48) Mitchell City of Darwin did not object to the granting of a Street, Darwin City Development Permit provided the following issues are • a Traffic Impact Assessment Report is to be adequately addressed: prepared Town of Darwin • a Traffic Impact Assessment Report Relevant General Conditions: (Wisdom Bar & Café) • car parking shortfall • a separate application for any proposed awnings over • to provide an additional five car parking bays Council’s road reserve which may be through the payment of a monetary contribution to the City of Darwin.

118 CROSS REFERENCE SHEET – Meeting 299 – Friday 4 August 2017 119

Note: City of Darwin requested precedent conditions have been included in each Development Permit.

DCA ITEM NUMBER & DEVELOPMENT CONSENT AUTHORITY SUMMARY OF ISSUES SUBJECT DESCRIPTION RESPONSE

ITEM 1 Carport addition to an existing single dwelling with The Development Consent Authority deferred the reduced front and side setbacks application and requested: PA2017/0303 City of Darwin did not object to the granting of a Demonstration as to why the proposed front and Lot 1770 (85) Curlew Development Permit. side boundary setbacks cannot be increased or the Circuit, Wulagi size of the carport be reduced to achieve greater compliance. Town of Sanderson

ITEM 2 Addition of 3 demountable structures to single dwelling The Development Consent Authority consented to the application and issued a notice of determination PA2017/0253 City of Darwin did not object to the granting of a Development Permit provided the following issue is Relevant Conditions Precedent: Lot 3533 (8) Packard adequately addressed: Street, Larrakeyah • the demountable structure is to be further • the structure is appropriately landscaped or architecturally embellished including, but not Town of Darwin architecturally embellished to be more visually consistent limited to, painting or material treatments to the with adjoining development. facade and roofline.

119 CROSS REFERENCE SHEET – Meeting 300 – Friday18 August 2017 120

Note: City of Darwin requested precedent conditions have been included in each Development Permit.

DCA ITEM NUMBER & DEVELOPMENT CONSENT AUTHORITY SUMMARY OF ISSUES SUBJECT DESCRIPTION RESPONSE

ITEM 1 Home based child care centre The Development Consent Authority consented to the application and issued a notice of determination. PA2017/0315 City of Darwin did not support the granting of a Development Permit for the following reasons: Relevant Condition Precedent: Lot 4150 (144) Leanyer Drive, Leanyer A lack of information provided by which to make a full and • a landscaping buffer of a minimum 1.5m with proper assessment, including: solid screen fencing along the side and rear Town of Sanderson boundaries adjacent to the outdoor play area. • the number of staff to be employed at any given time; • the hours of operation; • the portion of the existing structure which is to be used for child care and the portion of the structure to be used for dwelling; and • the type of vegetation to be planted in order to create an acoustic / visual buffer.

Applicant provided the above information to the Development Assessment Services prior to the relevant Development Consent Authority meeting.

120 DCA ITEM NUMBER & DEVELOPMENT CONSENT AUTHORITY 121 SUMMARY OF ISSUES SUBJECT DESCRIPTION RESPONSE

ITEM 2 Mixed use development comprising 48 x 2 bedroom The Development Consent Authority consented to multiple dwellings and ground level commercial the application and issued a Development Permit. PA2017/0327 tenancies in a 15 storey building, including 1 basement level and 3 above ground levels of car Lot 1414 & 1415 (6 & 8) parking Manton Street, Darwin City

Town of Darwin City of Darwin did not object to the granting of a Development Permit.

It was noted that there was confusion as to whether the proposal did/did not included a full length or width awning to the McMinn Street façade (NT Government Road). This was clarified at the Development Consent Authority meeting with a full length awning provided.

In addition, it was noted that the proposal should be reconfigured to improve access to natural light and ventilation.

ITEM 3 3 x 1 and 3 x 2 bedroom multiple dwellings in a 2 storey The Development Consent Authority consented to building the application and issued a Development Permit. PA2017/0270 City of Darwin supported the granting of a Development Relevant Condition Precedents: Lot 2084 (29) Eden Street, Permit. Stuart Park • a verge landscaping plan demonstrating that the two existing street trees within City of Darwin's Town of Darwin road reserve are maintained or suitably replaced, to the requirements of the City of Darwin.

121 CROSS REFERENCE SHEET – Meeting 301 – Friday 8 September 2017 122

Note: City of Darwin requested precedent conditions have been included in each Development Permit.

DCA ITEM NUMBER & DEVELOPMENT CONSENT AUTHORITY SUMMARY OF ISSUES SUBJECT DESCRIPTION RESPONSE

ITEM 1 Sales office and car parking area The Development Consent Authority consented to the application and issued a Development Permit. PA2017/0364 City of Darwin supported the granting of a Development Permit. Section 7349 Makagon Road, Berrimah

Hundred of Bagot

ITEM 2 Subdivision to create one lot for the purpose of a lease The Development Consent Authority consented to in excess of 12 years the application and issued a Development Permit. PA2017/00345 City of Darwin did not object to the granting of a Lot 5775 (152) Alec Fong Development Permit. Lim Drive, East Point

Town of Darwin

ITEM 3 Change of use from office to shops The Development Consent Authority issued a notice of determination. PA2017/0359 City of Darwin did not object to the granting of a Development Permit. Lot 3327 (55) Huson Fysh Avenue, Ludmilla

Town of Darwin

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ENCL: 2ND ORDINARY COUNCIL MEETING/OPEN AGENDA ITEM: 15.2 YES

CONCURRENT APPLICATION - REZONE AND SUBDIVISION PA2017/0178 - PART SECTION 4262 (74) AMY JOHNSON AVENUE, BERRIMAH

REPORT No.: 17CF0013 DB:hd COMMON No.: 3638332 DATE: 26/09/2017

Presenter: Acting Manager City Planning, David Burrow

Approved: General Manager City Futures, Gerard Rosse

PURPOSE

The purpose of this report is to refer to Council for comment a Concurrent Application at Part Section 4262 (74) Amy Johnson Avenue, Berrimah which seeks to rezone from Zone RD (Restricted Development) to SD42 (Specific Use Darwin SD42), conduct a Northern Territory Planning Scheme (NTPS) Amendment to the SD42 Code (Subclause 9) and create 11 additional allotments.

LINK TO STRATEGIC PLAN

The issues addressed in this Report are in accordance with the following Goals/Strategies as outlined in the ‘Evolving Darwin Towards 2020 Strategic Plan’:-

KEY ISSUES

 It is recommended that Council do not object to the proposal subject to conditions (Attachment A).  The application is a Concurrent Application, pursuant to Section 30 of the Northern Territory Planning Act (Attachment B).  The proposal is seeks to expand on the northern section of the self-titled ‘Berrimah Business Park’.  The application proposes to rezone a portion of Section 4262 (74) Amy Johnson Avenue, Berrimah from Zone RD (Restricted Development) to SD42 (Specific Use Darwin 42) in accordance with the Berrimah North Area Plan.  The application proposes to amend subclause 9 of Zone SD42 (Specific Use Darwin 42) within the Northern Territory Planning Scheme in order to allow the Consent Authority to exercise discretion when assessing developments against the Zone LI (Light Industry) provisions within Zone SD42 (Specific Use Darwin 42). This will bring the discretionary decision making powers of the Consent

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Authority in line with other applications within Zone LI (Light Industry) across the balance municipality.  The application also proposes 11 additional allotments in accordance with the requirements of Zone SD42 (Specific Use Darwin 42).

RECOMMENDATIONS

A. THAT Report Number 17CF0013 DB:hd entitled Concurrent Application - Rezone and Subdivision PA2017/0178 - Part Section 4262 (74) Amy Johnson Avenue, Berrimah, be received and noted.

B. THAT Council endorse the submission, dated 29 September 2017, to the Reporting Body within Attachment A to Report Number 17CF0013 DB:hd entitled Concurrent Application - Rezone and Subdivision PA2017/0178 - Part Section 4262 (74) Amy Johnson Avenue, Berrimah.

BACKGROUND

Subject Site and Locality

The Subject Site is identified as Part Section 4262 (74) Amy Johnson Avenue, Berrimah. The Subject Site is generally cleared of vegetation and abuts Section 7202, Hundred of Bagot which forms part of the Specific Use Zone (SD42) and part of the Berrimah North Area Plan.

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SECTION 4262 SECTION 7202

Figure 1: Approximate location of subject site (red)

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Figure 2: Approximate location of subject site (red)

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The Subject Site is currently located wholly within zone RD (Restricted Development) adjoining the western boundary the zone Specific Use Darwin SD42 (Zone SD42). “The purpose of (zone SD42) is to facilitate the development of the land for light industrial purposes that minimise the impacts from exposure to aircraft noise, and that does not inhibit the operations of the Darwin International Airport.”

Figure 3: Excerpt from SD42, approximate location of subject site (red)

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DISCUSSION

Proposal

The planning application herein is a Concurrent Application pursuant to Section 30 of the Northern Territory Planning Act, for the purpose of amending the Northern Territory Planning Scheme (NTPS) to:

 Rezone part of Section 4262 from RD (Restricted Development) to SD42 (Specific Use Darwin 42) in accordance with the Berrimah North Area Plan;

 Amend Clause 9 of the Zone SD42 to provide the DCA some discretion afforded under Clause 2.5 of the Planning Scheme in relation to future development applications; and

 Subdivide the relevant portion of Section 4262 to create 11 lots between 1737.3m2 and 2835.7m2.

Rezone

The proposal seeks to rezone a part of Section 4262 from RD (Restrict Development) to SD42 (Specific Use Darwin 42) in accordance with the Berrimah North Area Plan. The Berrimah North Area Plan 2 of 2 (Figure 2) of the NTPS identifies a ‘new connector road’ located within Section 4262 Hundred of Bagot which is westward of the ‘new indicative road’ shown in the subdivision plans provided which identifies a ‘new connector road’ within Lot 7202. Subsequently, the rezoning is considered consistent with the Berrimah North Area Plan 2 of 2 (Figure 2) which identifies the land for Light Industry.

Amend Clause 9 of the Zone SD42

The proposal seeks a Planning Scheme Amendment to change subclause 9 of the Zone SD42 (Specific Use Darwin 42) to provide the consent authority with discretion under subclause 2.5 of the NTPS in relation to future development applications. Currently, subclause 9 states that “The consent authority must not consent to an application that is not in accordance with the clauses of this zone.” The applicant requests the addition of “…except subclauses 3a and 4a” at the end of subclause 9. Subclauses 3a and 4a refer to the areas A and B within the diagram to this Clause (Figure 3) which approximately separates the areas using the Australian Noise Exposure Forecast (ANEF) 30 line. Council have requested that the diagram for Zone SD42 be amended to cover the Subject Site if the application is approved. Subclauses 3a and 4a specify that the land is to “be used in accordance with the provisions of Zone LI (Light Industry),” subclauses 3b and 4b list additional prohibited uses. Subsequently, the changes to subclause 9 of Zone SD42 will permit the consent authority to allow for variations, pursuant to Clause 2.5 of the NTPS.

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The applicant states that the proponent “has identified some difficulties whereby variation to the quantitative requirements of the Planning Scheme may be appropriate under Clause 2.5.” However, the applicant has not specified which ‘quantitative requirements’ they are referring to.

An overview of the provisions of Zone LI (Light Industry) is identified as follows.

The uses currently not prohibited within Zone SD42 are as follows:

 car park  light industry  motor body works  motor repair station  office (only where ancillary to the primary use and not exceeding 25% of the total floor space of the primary use)  recycling depot  rural industry  shop (only where it complies with clause 8.1.1 of the NT Planning Scheme)  showroom sales  transport terminal  vehicle sales and hire  veterinary clinic  warehouse

The provisions of the Zone LI (Light Industry) include;

1. The primary purpose on Zone LI is to provide for light industry use or development activities that will not by nature of their operations, detrimentally affect adjoining or nearby land. 2. Offices are expected to primarily provide a service to the light industry in the zone and be of a size commensurate with the service provided. 3. Shops are to be expected to be limited to those that either service the needs of the light industry in the zone or would be inappropriate in a commercial zone.

Area B also prescribes the size of shops and offices. However, none of the above are ‘quantitative requirements’.

The majority of permitted or discretionary uses within Zone LI (Light Industry) are subjected to assessment against Clauses 6.5.1 Vehicle Parking, Clause 6.6 Loading Bays and Clause 9.1.1 Industrial Setbacks.

Clauses 6.5.1 and 6.6, determine the quantity and quality of vehicle parking spaces for development. A table of the vehicle parking requirements for discretionary uses within Zone SD42 have been provided for your convenience.

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Table to Clause 6.5.1 Use of Development Minimum Number of Car Parking Spaces Required Light industry 2 for every 100m² of net floor area other than offices plus 4 for every 100m² of net floor area of office plus 1 for every 250m² used as outdoor storage Motor body works 6 for every 100m² of net floor area Motor repair station 6 for every 100m² of net floor area Office 2.5 for every 100m² of net floor area Recycling depot 1 for every 100m² of net floor area other than offices plus 4 for every 100m² of net floor area of office plus 1 for every 250m² used as outdoor storage Rural industry 1 for every 100m² of net floor area other than offices plus 4 for every 100m² of net floor area of office plus 1 for every 250m² used as outdoor storage Shop 6 for every 100m² of net floor area Showroom sales 4 for every 100m² of net floor area of office plus 1 for every 250m² used as outdoor storage Transport terminal 1 for every 100m² of net floor area other than offices plus 4 for every 100m² of net floor area of office plus 1 for every 250m² used as outdoor storage Vehicle sales and hire 4 for every 100m² of net floor area of office plus 1 for every 250m² used as outdoor storage Veterinary clinic 4 for every 100m² of net floor area of office Warehouse 4 for every 100m² of net floor area of office plus 1 for every 250m² used as outdoor storage

Currently the consent authority must not consent to an application which is not in accordance with the car parking provisions within Zone SD42, pursuant to subclause 3a, 4a and 9 of Zone SD42 of the NTPS.

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If the Planning Scheme Amendment is enacted “the consent authority may approve a use or development with fewer car parking spaces than required by clause 6.5.1 if it is satisfied that a reduction is appropriate for the use or development…” pursuant to Clause 6.5.2 subclause 2 and Clause 2.5 subclause 3 of the NTPS.

Clause 9.0 Industrial Use and Development Performance Criteria, 9.1 Industrial Use, Clause 9.1.1 Industrial Setbacks specifies the following;

1. The purpose of this clause is to ensure that buildings are sited to provide an adequate level of visual amenity in industrial zones. 2. Buildings in Zones LI, GI and DV are to be sited in accordance with the table to this clause. 3. All street frontages, except access driveways or footpaths, are to be landscaped to a minimum depth of 3 metres. 4. The quality and extent of landscaping is to be maintained for the life of the development.

Table to Clause 9.1.1 Location Boundary Minimum Building Setback Buildings having frontage to all other 3m streets Minimum setback to at least one side 5m boundary and to the rear allotment.

Currently the consent authority must not consent to an application which is not in accordance with these setback provisions within Zone SD42, pursuant to subclause 3a, 4a and 9 Zone SD42 of the NTPS.

If the Planning Scheme Amendment is enacted “the consent authority may consent to the development of land that does not meet the standard set out in (this clause) if it is satisfied that special circumstances justify the giving of consent,” pursuant to Clause 2.5 subclause 4 of the NTPS.

It is acknowledged that height and aural impacts will be managed pursuant to subclause 6 Zone SD42 of the NTPS.

In essence the proposed addition to subclause 9 which exempts subclause 3a and 4a of Zone SD42 will allow the consent authority to issue variances to setback requirements and car parking requirements pursuant to Clause 2.5 of the NTPS. However, this is generally consistent with other Zone LI (Light Industrial) areas.

Please note that Council’s Car Parking Contribution Plan (non CBD) Policy No. 002 does not apply to this area. Subsequently, the proposed planning scheme does not result in any direct loss of developer contributions to Council for any shortfalls in car parking.

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Subdivide

The proposal seeks to subdivide the Subject Site to create 11 additional allotments in accordance with the provisions provided within Clause 11 ‘Subdivision’ of the NTPS. Council comments on the following matters.

As indicated within the Statement of Effect “The subject land is generally flat with little slope or natural drainage.” A stormwater study was requested as part of Development Permit DP15/0813 and approved by Council. Subsequently, an amended stormwater study to include the additional 11 allotments has been requested as a Condition Precedent.

An Environment, Construction Management Plan (ECMP) for the additional allotments has been requested as a Condition Precedent.

Access to allotments is considered consistent with the access provided in previous Development Permit DP15/0813.

Summary

This Concurrent Application is for Part Section 4262 (74) Amy Johnson Avenue, Berrimah to rezone from Zone RD (Restricted Development) to SD42 (Specific Use Darwin 42), to conduct a Northern Territory Planning Scheme Amendment to SD42 subclause 9 and for a subdivision to create 11 allotments. As mentioned within the above assessment the following observations were made. The rezoning of the land from Zone RD to SD42 is generally consistent with the Berrimah North Area Plan. The amendments to subclause 9 of Specific Use Darwin SD42 will allow the consent authority to grant variations consistent with that allowed within Zone LI (Light Industry). The proposed 11 allotments are in addition to a previous larger subdivision approved under Development Permit DP15/0813. Subsequently, stormwater management and any other management plans required as part of DP15/0813 will need to be amended to include the additional 11 allotments proposed. On balance with the existing use of the land and the locality the proposed development is considered to warrant development approval subject to an amendment of the diagram within Specific Use Darwin SD 42 of the NTPS and other relevant conditions to be placed on the Development Permit if approved.

CONSULTATION PROCESS

In preparing this report, the following City of Darwin officers were consulted:

 Town Planner  Team Leader Development

POLICY IMPLICATIONS

Assessed in the context of regional strategic plans including, the Darwin Regional Land Use Plan 2015 and the Northern Territory Planning Scheme.

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BUDGET AND RESOURCE IMPLICATIONS

Not assessed.

RISK/LEGAL/LEGISLATIVE IMPLICATIONS

Part 2A of Northern Territory Planning Act 1999 allows for a concurrent application to be made to the Minister for Lands and Planning and prescribes the application process.

ENVIRONMENTAL IMPLICATIONS

Not assessed.

COUNCIL OFFICER CONFLICT OF INTEREST DECLARATION

We the Author and Approving Officers declare that we do not have a Conflict of Interest in relation to this matter.

DAVID BURROW GERARD ROSSE ACTING MANAGER CITY GENERAL MANAGER CITY PLANNING FUTURES

For enquiries, please contact David Burrow on 8930 0412 or email: [email protected].

Attachments:

Attachment A: City of Darwin, Letter of Response to Development Assessment Services, dated 29 September 2017 Attachment B: Concurrent Application, Rezone and Subdivision PA2017/0178 – Part Section 4262 (74) Amy Johnson Avenue, Berrimah

133 ATTACHMENT A 134

29 September 2017 Please quote: 3638332 DB:hd Your reference: PA2017/0178

Mr Tony Brennan Acting Manager Urban Planning Department of Infrastructure, Planning & Logistics GPO Box 1680 DARWIN NT 0801

Dear Mr Brennan

Parcel Description: Part Section 4262 - Hundred of Bagot 74 Amy Johnson Avenue, Berrimah

Proposed Development: CONCURRENT APPLICATION - Amend Clause 9 of SD42, rezone part Section 4262 Hundred of Bagot from Zone RD (Restricted Development) to SD42 and a subdivision of part Section 4262 and Section 7202 to create 11 lots

Thank you for the Development Application referred to this office 31 August 2017, concerning the above. This letter has been placed before City of Darwin’s, Ordinary Council Meeting. i). City of Darwin does not object to the granting of a Development Permit provided the following issue is adequately addressed:

a). The diagram within Schedule 1 SD42 of the Northern Territory Plan must be amended to include all land zoned SD42 (Specific Use Darwin 42) as a result of this concurrent application.

b). The documents provided as per the conditions of Development Permit DP15/0813 must be reviewed and updated to address any of the additional allotments created as part of the application. ii). City of Darwin requests that should a Development Permit be issued, that the following be provided as a condition precedent:

a). City of Darwin requests that the Development Consent Authority require an amendment to the stormwater schematic plan requested within Condition 2 of Development Permit DP15/0813 to include any additional allotments to the satisfaction of City of

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Darwin and to the satisfaction of the consent authority.

Reason: To ensure adequate drainage is provided.

b). City of Darwin requests that an Environmental and Construction Management Plan (ECMP) be required. The ECMP should specifically address the following: • waste management, • traffic control, • haulage routes, • storm water drainage, • use of City of Darwin land, and • how this land will be managed during the construction phase;

to the satisfaction of City of Darwin.

Note: Sediment control measures are to be established and maintained, to prevent silt and sediment escaping the site or producing erosion.

Reason: To ensure that the construction site is adequately controlled and to prevent any undue impact upon the amenity of the locality.

• The location, design and specifications for proposed and affected crossovers shall be provided at the applicant’s expense, to the satisfaction of City of Darwin.

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which is to be provided at the applicant’s expense and to the requirements and satisfaction of City of Darwin.

• Sight lines shall be provided at crossovers to public streets, to the satisfaction of City of Darwin. No fence or tree exceeding 0.6 metres in height shall be planted in front of the sight line.

• All developments on/or adjacent to any easements on-site, in favour of City of Darwin shall be carried out to the requirements and satisfaction of City of Darwin.

• Any proposed works on/over City of Darwin property shall be subject to separate application to City of Darwin and shall be carried out to the requirements and satisfaction of City of Darwin.

• Engineering design and specifications for the proposed and affected roads, including:

− street lighting, − stormwater drainage, − vehicular access, − pedestrian/cycle corridors, and − street-scaping and landscaping of nature strips;

shall be submitted for approval by City of Darwin; with all approved works constructed at the applicant's expense to the requirements of City of Darwin.

• Any easements or reserves required for the purposes of stormwater drainage, roads, access or for any other purpose, shall be made available free of cost to City of Darwin and/or neighbouring property owners.

• Permit to Occupy shall be withheld until such time as the Lot/Portion etc. has been consolidated and a new title issued in respect of the consolidated allotment.

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If you require any further discussion in relation to this application, please feel free to contact me on 8930 0528.

Yours faithfully

CINDY ROBSON MANAGER CITY PLANNING

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A NEF 20

COLLECTOR ROAD TO AMY JOHNSON AVENUE (40m WIDE) CONNECTION TO FUTURE ROAD EXTENSION

28.0m 9.2m 34.1m 34.2m A M Y J O H N S O N A V E N U E 44.8m 9.2m 33.0m 35.0m 71

44.0m 85 1339.2m² 84 86

1432.9m² 1518.9m²44.0m

44.0m 40.3m 1655.3m² 38.0m 41.3m 140.9m 83 1541.4m² 34.0m 35.0m 33.0m (SUBJECT TO ROAD AUTHORITY AGREEMENT) 34.5m 34.0m 70 34.5m 1363.9m² 82 35.0m 33.0m 27.0m

74 45.0m 30.5m 6231.6m² 35.0m 72 1304.3m² 73 41.4m 8.5 44.1m 45.0m 44.0m 32.5m m 9.5m 35.0m 1513.0m² 1496.9m² 45.0m 45.0m 75 97 81 142.1m 35.0m 1576.5m² 33.0m 45.0m 76 69 1737.3m² 1809.2m² 35.0m 17.7m 35.0m 1576.5m² 33.2m 22.5m 1368.3m²

29.2m 45.0m

39.4m 77 24.1m 37.1m 50.0m 1576.5m² 41.5m 46.4m 45.0m 78 35.0m 1576.5m² 35.0m 33.0m 79 9.5m 32.5m 17.7m 96 26.0m 68 80 1904.9m² 35.0m

33.0m 1372.8m² 35.0m 35.0m 22.5m

1750.0m² 45.4m 1721.8m² 35.0m 46 47 16.3m 19.7m 19.0m1278.5m² 1316.8m² 31.0m 41.7m 50.0m 48.3m 33.7m 33.5m 47.0m 45.0m 12.3m

33.0m 37.7m 67 95 22.5m 33.0m 25 26 45 48 14.8m1322.0m² 19.0m 1800.0m² 37.1m 36.0m 36.0m 19.7m 1422.0m² 1956.0m² 1380.0m² 1380.0m² 30.0m 28.7m 30.0m 35.0m 2.1m 31.3m

48.2m 48.2m 46.0m 46.0m 22.0m

50.0m 12.8m 14.8m FUTURE 9 8 24 27 44 49 CONNECTION 94 38.8m 1878.9m² 33.7m 1445.9m² 1446.0m² 1380.0m² 29.4m

47.1m 1380.0m² 30.0m 30.0m 1900.0m² 2086.2m² 30.0m 38.0m 38.0m 36.6m 45.5m 48.2m 48.2m 46.0m 46.0m

17.7m 43.0m 50.0m 45.5m 10 23 28 43 50 66 1365.0m² 1445.9m² 1446.0m² 1380.0m² 1380.0m² 1726.2m² 30.0m 30.0m 30.0m 93 30.0m 7 1900.0m² 45.5m 48.2m 48.2m 46.0m 46.0m 42.1m 38.0m 38.0m 38.0m 1729.0m²

30.0m 65 50.0m 45.5m 11 22 29 42 51 1365.0m² 1445.9m² 1446.0m² 1380.0m² 1380.0m² 1263.8m² 30.0m 30.0m 30.0m 30.0m 30.0m 30.0m 30.0m 30.0m 30.0m 30.5m 30.0m

45.5m 48.2m 48.2m 46.0m 46.0m 42.2m 92 6 1900.0m² 1729.0m² 32.5m 38.0m 38.0m 30 41 52 64 12 21 1380.0m² 1373.2m² 30.0m 30.0m 1446.0m² 30.0m 1380.0m² 50.0m 45.5m 1774.5m² 1879.7m² 32.5m 39.0m 39.0m 39.0m 39.0m 48.2m 46.0m 46.0m 42.3m 45.5m 48.2m 91 5 32.5m 1900.0m² 1729.0m² 31 40 53 63 38.0m 38.0m 1687.0m² 1610.0m² 1377.5m² 35.0m 30.0m 30.0m 30.0m 30.0m 30.0m 18.5m 35.0m 30.0m 30.0m 30.0m 30.0m 33.2m 35.0m 35.0m 35.0m 1610.0m² 13 20 32.5m 50.0m 45.5m 1774.5m² 1879.7m² 48.2m 46.0m 42.5m 39.0m 39.0m 39.0m RESERVE / RESTRICTED DEVELOPMENT 39.0m 46.0m

45.5m 48.2m 35.0m 90 4 32 39 54 62 1687.0m² 1610.0m² 1488.3m² 38.0m 1900.0m² 38.0m 1610.0m² 35.0m 35.0m 35.0m 35.0m 35.0m 35.0m 1729.0m² 14 19 50.0m 45.5m 1774.5m² 1879.7m² 48.2m 46.0m 46.0m 42.6m 39.0m 39.0m 39.0m 39.0m

35.0m 89 45.5m 48.2m 33 38 55 61 3 1610.0m² 1610.0m² 1493.3m² 35.0m 35.0m 35.0m 35.0m 35.0m 1900.0m² 1687.0m² 35.0m 38.0m 38.0m 1729.0m² 15 18 48.2m 46.0m 46.0m 42.7m 50.0m 45.5m 1774.5m² 1879.7m² 39.0m 39.0m 39.0m 39.0m

34.0m 34 37 56 60 88 45.5m 48.2m 1638.7m² 1564.0m² 1564.0m² 1455.4m² 34.0m 34.0m 34.0m 34.0m 1900.0m² 34.0m 38.0m 38.0m38.0m 38.0m 38.0m 38.0m 38.0m 38.0m 38.0m 38.0m 38.0m 48.2m 46.0m 46.0m 42.9m

A 53.5m 2 17 N 50.0m

2926.9m² 66.0m 16 2250.0m² E 35.3m 35.8m 35.8m 59 F 2119.7m² 35 36 57 3 19.8m 34.0m 19.8m 48.3m 48.3m 22.8m 0 22.8m 1503.9m² 1396.1m² 1545.9m² 21.9m 17.7m 17.7m 1623.5m² 17.7m 35.3m 35.3m

17.7m 35.7m 35.7m 17.7m 21.9m 42.2m 87 33.0m 33.0m 33.5m 30.5m 27.5m 2835.7m² FUTURE 20.8m

71.2m CONNECTION

57.8m 80.5m 201.5m

14.8m

25.5m 1 5627.8m² 88.9m 105.3m 100.5m

ACCESS EASEMENT 58 30147.6m²

181.2m

ROAD DRAINAGE EASEMENT EASEMENT

R 108.2m

2883.3m² EASEMENT DRAINAGE EASEMENT

CONNECTORCONNECTO

111.8m

NEW DRAINAGE

85897m² 10 WIDE RESERVE / RESTRICTED DEVELOPMENT

EASEMENT

S T U A R T H I G H W A Y

Stage One A (24.00Ha) AREA OF LAND OWNED BY BERRIMAH BUSINESS PARK BERRIMAH BUSINESS PARK STAGE THREE MASTER PLAN Stage One B (3.21Ha) (Subject to Crown Land Transfer) LOT A - 15.55Ha -STAGING

Stage One B (2.14Ha) (Subject to Crown Land Transfer) LOT B - 24.18Ha Stuart Highway Stage Two (2.66Ha) (Subject to Eastern Road Connection) * All dimensions and areas are subject to survey. BERRIMAH * For planning purposes only. (PLAN AMENDED 11 NOVEMBER 2015) Restricted Development on land owned by Berrimah Business Park (13.22Ha)

Restricted Development - Crown Land for Berrimah North Developments Pty Ltd

Future Development per Area Plan N 1:2000@A1 Mobile: 0427 796 140 0 100m Email: [email protected] NORTHERN PLANNING www.facebook.com/northernplanning CONSULTANTS 138 139

A NEF 20

COLLECTOR ROAD TO AMY JOHNSON AVENUE (40m WIDE) CONNECTION TO FUTURE ROAD EXTENSION

28.0m 9.2m 34.1m 34.2m A M Y J O H N S O N A V E N U E 44.8m 9.2m 33.0m 35.0m 71

44.0m 85 1339.2m² 84 86

1432.9m² 1518.9m²44.0m

44.0m 40.3m 1655.3m² 38.0m 41.3m 140.9m 83 1541.4m² 34.0m 35.0m 33.0m (SUBJECT TO ROAD AUTHORITY AGREEMENT) 34.5m 34.0m 70 34.5m 1363.9m² 82 35.0m 33.0m 27.0m

29.2m 45.0m

39.4m 77 24.1m 37.1m 50.0m 1576.5m² 41.5m 46.4m 45.0m 78 35.0m 1576.5m² 35.0m 33.0m 79 9.5m 32.5m 17.7m 96 26.0m 68 80 1904.9m² 35.0m

33.0m 1372.8m² 35.0m 35.0m 22.5m

1750.0m² 45.4m 1721.8m² 35.0m 46 47 16.3m 19.7m 19.0m1278.5m² 1316.8m² 31.0m 41.7m 50.0m 48.3m 33.7m 33.5m 47.0m 45.0m 12.3m

33.0m 37.7m 67 95 22.5m 33.0m 25 26 45 48 14.8m1322.0m² 19.0m 1800.0m² 37.1m 36.0m 36.0m 19.7m 1422.0m² 1956.0m² 1380.0m² 1380.0m² 30.0m 28.7m 30.0m 35.0m 2.1m 31.3m

48.2m 48.2m 46.0m 46.0m 22.0m

50.0m 12.8m 14.8m FUTURE 9 8 24 27 44 49 CONNECTION 94 38.8m 1878.9m² 33.7m 1445.9m² 1446.0m² 1380.0m² 29.4m

47.1m 1380.0m² 30.0m 30.0m 1900.0m² 2086.2m² 30.0m 38.0m 38.0m 36.6m 45.5m 48.2m 48.2m 46.0m 46.0m

30.0m 65 50.0m 45.5m 11 22 29 42 51 1365.0m² 1445.9m² 1446.0m² 1380.0m² 1380.0m² 1263.8m² 30.0m 30.0m 30.0m 30.0m 30.0m 30.0m 30.0m 30.0m 30.0m 30.5m 30.0m

A 53.5m 2 17 N 50.0m

2926.9m² 66.0m 16 2250.0m² E 35.3m 35.8m 35.8m 59 F 2119.7m² 35 36 57 3 19.8m 34.0m 19.8m 48.3m 48.3m 22.8m 0 22.8m 1503.9m² 1396.1m² 1545.9m² 21.9m 17.7m 17.7m 1623.5m² 17.7m 35.3m 35.3m

17.7m 35.7m 35.7m 17.7m 21.9m 42.2m 87 33.0m 33.0m 33.5m 30.5m 27.5m 2835.7m² FUTURE 20.8m

71.2m CONNECTION

57.8m 80.5m 201.5m

14.8m

25.5m 1 5627.8m² 88.9m 105.3m 100.5m

ACCESS EASEMENT 58 30147.6m²

181.2m

ROAD DRAINAGE EASEMENT EASEMENT

R 108.2m

2883.3m² EASEMENT DRAINAGE EASEMENT

CONNECTORCONNECTO

111.8m

NEW DRAINAGE

85897m² 10 WIDE RESERVE / RESTRICTED DEVELOPMENT

EASEMENT

S T U A R T H I G H W A Y

* All dimensions and areas are subject to survey. BERRIMAH BUSINESS PARK * For planning purposes only. STAGE THREE MASTER PLAN -DEVELOPMENT PLAN

Stuart Highway BERRIMAH (PLAN AMENDED 20 NOVEMBER 2015)

for Berrimah North Developments Pty Ltd N 1:2000@A1 Mobile: 0427 796 140 0 100m Email: [email protected] NORTHERN PLANNING www.facebook.com/northernplanning CONSULTANTS 139

140

CONNNEECCTTIIOON TO FUTURE ROAD EXTENSION

STAGE 2 28.0m 34.1m

33.0m

85 84 86 1339.2m² 27.0m

1432.9m² 1518.9m²44.0m 40.3m

1655.3m² 38.0m 41.3m

83 1541.4m² 34.0m 35.0m 33.0m

(SUBJECT TO ROAD AUTHORITY AGREEMENT) 34.0m 70

82 1363.9m² 74 33.0m 45.0m 6231.6m² 73 72 1304.3m² 41.4m 1513.0m² 1496.9m² 32.5m

75 45.0m

33.0m 81 1576.5m² 69 1809.2m² 76 33.2m 22.5m 77 1576.5m² 33.0m 1368.3m² 39.4m 78 1576.5m² 41.5m 1576.5m²

33.0m 79

8.5m 33.5m 68 1904.9m² 80

33.0m 1372.8m² 22.5m 1721.8m² 45.4m 46 47

1347.9m² 1247.5m² 31.0m 41.7m

18.5m 33.5m 46.0m 46.0m 12.3m 33.0m 67

22.5m 25 26 45 48 1322.0m² 37.1m

1422.0m² 1956.0m² 33.2m 1380.0m² 1380.0m² 30.0m 35.0m 2.1m 30.0m 30.0m 31.3m

48.2m 48.2m 46.0m 46.0m 22.0m 12.8m FUTURE

9 24 27 44 49 CONNNEECCTTIIOON 8

38.8m 1878.9m²

33.7m 1445.9m² 1446.0m² 1380.0m² 1380.0m² 29.4m 47.1m 30.0m 30.0m 30.0m 30.0m 30.0m 2086.2m² 30.0m

36.6m 45.5m 48.2m 48.2m 46.0m 46.0m 43.0m 45.5m

66 10 23 28 43 50 1365.0m² 1445.9m² 1446.0m² 1380.0m² 1380.0m² 1726.2m² 30.5m 30.0m 30.0m 30.0m 30.0m 30.0m 30.0m 30.0m 30.0m

7 45.5m 48.2m 48.2m 46.0m 46.0m 42.1m

38.0m 1729.0m² 38.0m

30.0m

65 45.5m 11 22 29 42 51 1365.0m² 1445.9m² 1446.0m² 1380.0m² 1380.0m² 1263.8m² 30.0m 30.0m 30.0m 30.0m 30.0m 30.0m 30.0m 30.0m 30.0m 45.5m 48.2m 48.2m 46.0m 46.0m 42.2m 6

32.5m

1729.0m² 38.0m 38.0m 41 64 30 52 12 21

1380.0m² 1373.2m² 30.0m 30.0m 30.0m 30.0m 30.0m 1446.0m² 1380.0m² 45.5m 1774.5m² 1879.7m² 32.5m 39.0m 39.0m 39.0m 39.0m 48.2m 46.0m 46.0m 42.3m 45.5m 48.2m 32.5m

5 40 1729.0m² 31 53 63 38.0m 38.0m

1610.0m²

1687.0m² 1377.5m² 35.0m 35.0m 35.0m 35.0m 1610.0m² 35.0m 13 20 32.5m 45.5m 1774.5m² 1879.7m² 48.2m 46.0m 46.0m 42.5m 39.0m 39.0m 39.0m 39.0m

RESERVE / RESTRICTED DEVELOPMENTN

35.0m

45.5m 48.2m 32 39 54 62 4 1687.0m² 1610.0m² 1610.0m² 1488.3m² 38.0m 38.0m 35.0m 35.0m 35.0m 35.0m 35.0m 35.0m 1729.0m² 14 19 45.5m 1774.5m² 1879.7m² 48.2m 46.0m 46.0m 42.6m 39.0m 39.0m 39.0m 39.0m

35.0m

45.5m 48.2m 38 55 61 3 33 1687.0m² 1610.0m² 1610.0m² 1493.3m² 35.0m 35.0m 35.0m 35.0m 35.0m 35.0m

38.0m 1729.0m² 38.0m

15 48.2m 46.0m 46.0m 42.7m 45.5m 18 1774.5m² 1879.7m² 39.0m 39.0m 39.0m 39.0m 34.0m

34 37 56 60 45.5m 48.2m 1638.7m² 1564.0m² 1564.0m² 1455.4m² 34.0m 34.0m 34.0m 34.0m 34.0m 34.0m

48.2m 46.0m 46.0m 42.9m 2 53.5m 17

16 2926.9m² 66.0m 2250.0m² 35.8m 35.8m 2119.7m² 35 36 57 19.8m 48.3m 48.3m 22.8m 22.8m 1503.9m² 1623.5m² 1545.9m² 56.1m

35.3m 35.3m 59

35.7m 35.7m 2416.1m² 33.0m 33.0m 33.5m 30.5m 56.3m

43.1m 80.5m T 201.5m N

1 M E 25.5m

5627.8m² S

88.9m T T

100.5m N G GE E A 58 M N

I 30147.6m² E 181.2m S A A A

R E

E G G

A N N I I A A R R D 2883.3m² D

85897m² RESESERVVV E / RESTRTRICTED DEVELOPMENT

PA2015/0465/01 DP15/0813

13/02/2017 This document contains drawing numbers:

BERRIMAH BUSINESS PARK

Referred to in Permit No: STAGE THREE MASTER PLAN

Issued by the consent authority on: Anthony Stuart Highway All drawings contained within this document have been authorisedBrennan by the delegate of the consent authority. 2017.02. 13 BERRIMAH

09:15:45 +09'30' (PLAN AMENDED 15 JUNE 2015)

Delegate for Berrimah North Developments Pty Ltd

N Note: For planning purposes only. Subject to survey. 1:2000@A1 Mobile: 0427 796 140 0 100m Email: [email protected] NORTHERN PLANNING www.facebook.com/northernplanning CONSULTANTS 140 141

CONCURRENT APPLICATION – SECTIONS 4262 (PROPOSED SECTION 7402) AND 7202 HUNDRED OF BAGOT

1. Introduction

This report accompanies a Concurrent Application pursuant to Section 30 of the Northern Territory Planning Act, for the purpose of Amending the Northern Territory Planning Scheme to:

 Rezone part Section 4262 from RD (Restricted Development) to SD42 (Specific Use Darwin 42) in accordance with the Berrimah North Area Plan;

 Amend Clause 9 of Zone SD42 to provide the DCA some discretion afforded under Clause 2.5 of the Planning Scheme in relation to development applications; and

 Subdivide the relevant portion of Section 4262 to create 11 lots between 1,737.3m2 and 2,835.7m2.

The subject land comprises crown land section 4262 (proposed section 7402) and private section 7202 Hundred of Bagot. In August 2016 the then Minister for Lands and Planning, in response to an application for direct purchase of proposed section 7402, offered a crown lease over the subject land to facilitate development (as proposed) and ultimately the conversion of the land to free hold title. The land is intended to be subdivided as part of stage 3 of the Berrimah Business Park, for the purpose of light industrial development.

This report details the nature of the subject land and locality, the proposed development, considers the proposal against relevant Northern Territory planning policy, including the NT Planning Scheme, and considers the relevant components of Section 30(4) of the Act.

This report (and application) is to be read in conjunction with the following attachments:

Attachment A: Berrimah Business Park Master Plan

Attachment B: Subdivision Plan

Attachment C: Planning Minister Letter of Offer

Attachment D: Landowner Authorisations

Attachment E: DP15/0813 Development Permit and Endorsed Plans

Attachment F: NT Planning Scheme Amendment 260 – Zone SD42

Attachment G: Title Documents

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2. Subject Land

Figure 1: Proposed section 7402 and section 7202, Hundred of Bagot.

Address: Section 4262 Hundred of Bagot (74 Amy Johnson Avenue, Berrimah)

Section 7202 Hundred of Bagot (56 Jessop Crescent, Berrimah)

Title Reference and Land Tenure: 4262 – no title issued (crown land)

7202 – 803 703 Estate in Fee Simple (freehold)

Landowner: 4262 – Crown Land (Department of Infrastructure, Planning and Logistics)

7202 – J & N Nominees, Dixon Property Investments, JEC Pty Ltd and Cooper Holdings (NT) Pty Ltd

Land Area: 4262 – 43.39 hectares

7402 (proposed) – 2.14 hectares

7202 – 33.2 hectares

Easements: Drainage Easement to the City of Darwin (7202)

Zone: SD42 (7202) and RD (4262 / 7402)

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The subject land comprises Part Section 4262 (identified as proposed section 7402) and Section 7202, Hundred of Bagot. Section 4262 is a vacant crown land parcel with frontages to both Amy Johnson Avenue and the Stuart Highway. The site is vacant and generally cleared of significant vegetation, with the exception of some remnant trees nearby the road frontages. Identified in the master plan in Attachment A as Stage 1B, the portion subject to the offer of sale (proposed section 7402) comprises a strip of land with a site area is 2.1423 hectares, and excludes the area identified for the new east-west connector road to the north (as this will be a public road in accordance with the Area Plan). The site is currently zoned RD (Restricted Development), and is located directly adjacent the western boundary of Section 7202 (zoned SD42). The subject land is identified as Light Industry within the Berrimah North Area Plan within Clause 14.1.2 of the Planning Scheme (refer figure 2 below). Proposed section 7402 is a vacant, flat area largely devoid of vegetation.

Figure 2: Berrimah North Area Plan with proposed section 7402 shown in red

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Section 7202 comprises a large freehold parcel currently being developed as stage 3 of the Berrimah Business Park. the land is zoned SD42 (Specific Use Darwin Zone 42), with southern areas (separating stage 3 from the commercial areas in stages 1 and 2 of the Business Park) Zoned RD. the southern portion comprises a large stormwater drainage swale providing detention capacity for the area, and ultimately discharging to infrastructure along Vanderlin Drive.

Stage 3 of the Business Park was approved through DP15/0813 issued in December 2015 for the subdivision of 89 lots in 2 stages. Conditions precedent have recently been cleared, endorsed plans issued and construction works have commenced. DP15/0813 and endorsed plans are provided in Attachment E.

The surrounding locality includes land developed and used for commercial, industrial, rural, infrastructure and community purposes. Land to the north includes rural living, horticulture and community purpose development south of Boulter Road, with new residential and existing community purpose development to the north. To the west land is zoned RD, with Amy Johnson Avenue and the Darwin Airport beyond. Land to the east includes land for industrial and utilities purposes (including the Berrimah Power Station), land to the south comprises stages 1 and 2 of the Berrimah Business Park, with the development of individual lots currently progressing. Further south is a large defence establishment, as well as the commercial and industrial areas of Berrimah.

3. Locality

Figure 1 in section 2 of this report identifies the site and its surrounding locality. The surrounding locality includes land developed and used for commercial, industrial, rural, infrastructure and community purposes. Land to the north includes rural living, horticulture and community purpose development south of Boulter Road, with new residential and existing community purpose development to the north. To the west land is zoned RD, with Amy Johnson Avenue and the Darwin Airport beyond. Land to the east includes land for industrial and utilities purposes (including the Berrimah Power Station), land to the south comprises stages 1 and 2 of the Berrimah Business Park, with the development of individual lots currently progressing. Further south is a large defence establishment, as well as the commercial and industrial areas of Berrimah.

4. Proposed Rezoning and Development

Pursuant to Section 30 (c) of the Northern Territory Planning Act, this proposal comprises a concurrent application for the purpose of an amendment proposal (to the NT Planning Scheme) to rezone proposed section 7402 from RD to SD42 and to amend SD42 to amend Clause 9, and an accompanying development proposal for the subdivision of proposed section 7402 to create 11 lots between 1,737.3m2 and 2,835.7m2. The meaning of concurrent application, amendment proposal, and development proposal are as per Section 30 (1), (2) and (3) of the Planning Act, respectively.

4.1 Amendment Proposal

The amendment proposal comprises two components:

 Amend the Northern Territory Planning to rezone proposed section 7402 from RD (Restricted Development) to SD42 in accordance with the Berrimah North Area Plan (refer figure 2).

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The amendment will facilitate the development of the land for purposes in accordance with the objectives of Zone SD42, specifically that the purpose of this zone is to facilitate the development of the land for light industrial purposes that minimise the impacts from exposure to aircraft noise, and that does not inhibit the operation of the Darwin International Airport. Limitations on the extent of development on land affected by airport operations was considered in detail throughout the creation of the Berrimah North Area Plan, which confirmed urban development would be restricted by the Defence (Areas Control) Regulations, and the Aircraft Noise Exposure Forecast contours. The Area Plan clearly establishes the allowable extent of development within the area east of the Darwin International Airport, with proposed section 7402 part of the land identified for light industry;

 Amend Zone SD42 to amend Clause 9. Clause 9 provides that “the consent authority must not consent to an application that is not in accordance with the clause of this zone.” The inclusion of Clause 9 does not allow the consent authority to exercise discretion in accordance with Clause 2.5 of the Planning Scheme, in a manner that is detrimental to development and construction outcomes within Zone SD42. The requirement to ensure adherence to the provisions relevant to the operation of the Darwin International Airport and RAAF Base Darwin is accepted, however the land use restrictions in Clause 3 and Clause 4 of Zone SD42 already identify that inappropriate uses in Policy Areas A and B are Prohibited, therefore Clause 9 is superfluous for this purpose. The proponent has no concern preventing any variation to Clauses 6, 7 or 8 (compliance with aircraft noise intrusion acoustic requirements and Defence height controls, military and civil airspace and lighting to not prejudice airport operations), however the current wording of Clause 9 prevents any variation to provisions of the Planning Scheme that in no way compromise airport operations. For example:

o Variations regarding car parking, including layout and parking setbacks in accordance with Clause 6.5.1 and 6.5.3;

o Variations to industrial setback requirements per Clause 9.1.1; or

o Variations to the Planning Scheme height requirements per Clause 6.1 (as distinct from the Defence (Areas Control) Regulation height limits of 15 metres).

Such restrictions on variations unjustly constrain development, and are not necessary to ensure land use and development complies with Clause 1 of Zone SD42 (ie ensuring development minimises the impacts from exposure to aircraft noise, and that does not inhibit the operation of the Darwin International Airport). Accordingly, an amendment to Clause 9 such that the wording comprises “The consent authority must not consent to an application that is not in accordance with the clauses of this zone except clause 3a and 4a” is sought.

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4.2 Development Proposal

The development proposal, provided in Attachment B, comprises the subdivision of proposed section 7402 to create 11 allotments, between 1,737.3m2 and 2,835.7m2. The allotments will be constructed along the western side of the new north-south road to be constructed as part of the DP15/0813 works (refer to endorsed plans in Attachment E). The north-south road connects stages 1 and 2 to the south, traverses the drainage swale, and joins the new collector road (identified in the Berrimah North Area Plan) between Amy Johnson Avenue and Vanderlin Drive. Each lot will be provided with a separate vehicle access to the proposed road network, with reticulated power, water and sewer connections.

5. Reason for Concurrent Application

The subject land is currently zoned RD (Restricted Development), per Clause 5.24 of the NT Planning Scheme. The Berrimah North Area Plan identifies the extent of light industry development and the proposed rezoning seeks to facilitate development on proposed section 7402 to align with infrastructure and service provision being constructed as stage 3 of the Berrimah Business Park. The existing RD Zone, by virtue of the objectives within Clause 5.24, the restrictions on land use within the table thereto, and the limitations on subdivision per Clause 11.1 of the Planning Scheme, does not currently facilitate subdivision and development in accordance with the Berrimah North Area Plan.

In considering future development within the resultant stage 3 lots, the proponent has identified some difficulties whereby variations to the quantitative requirements of the Planning Scheme may be appropriate under Clause 2.5, however cannot be processed due to Clause 9 of Zone SD42. Accordingly, the proponent seeks to amend this provision to provide the consent authority the level of discretion afforded in other light industry areas, albeit in a manner that in no way compromises the objective of Zone SD42.

The subdivision component comprising the development proposal enables a development permit (subject to approval) as part of the same application package.

This report considers the merit of both the proposed planning scheme amendment, and resultant development, and ultimately seeks, pursuant to Section 30C(3)(b) of the Act, and through a concurrent application to a) amend the Planning Scheme and b) permit the proposed development.

6. Compliance with NT Planning Scheme

Pursuant to Section 30C(3)(c), the relevant provisions of the Northern Territory Planning Scheme (the Scheme) if the Scheme is amended as specified in the amendment proposal are considered in relation to the development proposal as follows.

Nature of Development

Section 5(1)(a) of the Northern Territory Planning Act provides that:

1) Subject to subsections 2), 3) and 4), in this Act, subdivision means the division of land into parts available for separate occupation or use, by means of:

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a) Sale, transfer or partition.

Accordingly, the proposal fits within the definition of subdivision, and requires a development permit pursuant to Section 44 of the Act.

Development Control

In accordance with Section 30C(3)(c) of the Northern Territory Planning Act, the below assessment considers the development proposal in relation to the provisions of the Planning Scheme that would apply if the scheme is amended as proposed.

Schedule 1 of the Scheme contains the provisions for development specific to Zone SD42. As relevant to the proposal:

1. The purpose of this zone is to facilitate the development of the land for light industrial purposes that minimise the impacts from exposure to aircraft noise, and that does not inhibit the operation of the Darwin International Airport.

The proposed subdivision will facilitate the development of land in Zone SD42 in accordance with Clause 1. The remaining clauses ensure development is limited to that suitable within the relevant ANEF Zones by restricting the use and development of land per Clause 3 and 4, and controlling built form in accordance with AS (Australian Standard) 2021-2000 Acoustics – Aircraft Noise Intrusion – Building Siting and Construction. The proposal aligns with the extent of light industry development per the provisions of the Berrimah North Area Plan.

2. The parts of Portion 2235 that are subject to this clause are the two areas of land that are bounded by a thick black line and marked as Areas A and B on the diagram to this clause.

Zone SD42 contains two separate policy areas – Areas A and B, with A located in the northern portion of the Zone SD42 area, and Area B in the southern portion. The policy areas are separated by the 25 ANEF (Australian Noise Exposure Forecast) Contour, with land use and development in Area A (within ANEF 20-25 zone) restricted to land uses identified in Clause 5.11 (Zone LI / Light Industry) with four Prohibited exceptions (education establishment, medical clinic, place of worship, plant nursery) in accordance with Clause 3.

Development in Policy Area B is restricted to that identified within Clause 5.11 with 16 exceptions as detailed in Clause 4, reflective of the higher ANEF Zone (25-30) and thus the greater restriction on land use per the requirements of AS2021-2000, due to potentially greater impacts from aircraft noise. Future land use will be determined upon the sale and development of allotments resultant from the proposed subdivision, however the proposal is not likely to compromise future compliance with Clauses 2, 3 or 4.

Proposed section 7402 is affected by both the 20-25 and 25-30 contour zones, and as such the amendment is expected to include an expansion of the Policy Areas to include proposed section 7402. Accordingly, proposed lots 96 and 97, and part of proposed lot 95, will be located within Policy Area A, with the remaining lots (lots 87-94 and the remainder of lot 95) located in Policy Area B. Given proposed lot 95 is affected by both Policy Areas A and B, it is possible that development on the portion of the site located in Policy Area A could occur in accordance with Clause 3, and development on land in Policy Area B limited to that identified in Clause 4. 7

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5. Land within this zone may be subdivided if the minimum lot size is at least 1250m 2 and the average lot size for the area being subdivided is at least 2000m2.

Stage 3 of the Business Park comprises 87 allotments within the Zone SD42 area, with a total land area (not including roads, drainage reserves, verges or land within Section 7202 but outside of Zone SD42) equivalent to 17.474 hectares. The development area within proposed section 7402 is equivalent to 2.1423 hectares. Total combined lot area across the entirety of stage 3 will be 19.6163 hectares, therefore the average lot size will be equivalent to 2,001.66m2. Accordingly, the proposal complies with the requirements of Clause 5.

6. Buildings are to demonstrate that they can be constructed to comply with:

a) AS2021-2000 ‘Acoustics – Aircraft noise intrusion – Building siting and construction’; and

b) any applicable height provisions set out in the Defence (Areas Control) Regulations 1989.

Future building development of resultant lots will need to demonstrate compliance with AS2021-2000. Per the area plan in figure 2, all structures above 15 metres require approval. Development on the subject land will be generally limited to 8.5 metres through the application of Clause 6.1, thus the applicable height provisions set by the Defence (Areas Control) Regulations will not be exceeded. Ancillary structures such as light poles and any above ground power infrastructure, and any variation to Clause 6.5.1 (subject to approval) must be less than 15 metres high in accordance with Clause 6.

7. Development within the zone shall not cause any temporary or permanent structure to breach the defined airspaces for civil or military aviation purposes.

As identified in figure 2, the Transition Surface is located at 73.5AHD, well above the limitations set by Clause 6.1 or the Defence (Areas Control) Regulations. Accordingly, the proposal will not cause any temporary or permanent structure to breach the defined airspaces for civil or military aviation purposes.

8. Lighting associated with development on land within flight approach paths is not to prejudice the safe operation of an airport.

Lighting associated with the subdivision will be limited to street lighting where required, and will be designed to ensure the safe operation of the airport is not compromised.

Specific street light design will be finalised through the detail design process. An appropriate condition on any resultant development permit could ensure the design of street lighting to the satisfaction of the Darwin International Airport and the Department of Defence (as has occurred with stages 1, 2 and 3 to date).

9. The consent authority must not consent to an application that is not in accordance with the clauses of this zone.

The proposed subdivision does not include any variations to the provisions of Zone SD42, however the amendment proposal seeks to amend this clause.

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Clause 11.1

Clause 11.1 provides, as relevant to the current proposal, the minimum lot size requirements for the subdivision of land, with the minimum lot size for development in Zone LI (Light Industry) is slightly below that required for Zone SD42, at 1,225m2 compared with 1,250m2. The minimum lot size proposed is 1,737.3m2, well above the minimum requirements for both Zones LI and SD42.

Clause 11.3 relates to requirements for industrial subdivision, and refers to site characteristics, infrastructure, and lot size and configurations in industrial subdivision. The proposal:

 Does not include land affected by excessive slope, seasonal inundation, flooding or storm surge events;

 Does not affect features of natural or cultural significance;

 Provides for suitable access to road connections and service connections;

 Provides for connection to an appropriate road layout with road widths suited to the intended purpose, and enables safe and efficient access / egress to / from each proposed allotment; and

 Does not compromise the objectives of the lot size and configuration requirements.

Accordingly, the proposal is considered to achieve the requirements of Clause 11.3.

Clause 11.2 and 11.4 relate to residential and rural subdivision and are not relevant in this matter.

Berrimah North Area Plan and Planning Principles

The subject land is located within the area affected by the Berrimah North Area Plan, and as such any proposed development must consider both the Area Plan and associated Planning Principles. The Area Plan and Planning Principles are considered in detail in Section 17.2 of this report.

7. Section 30C(4)(a) – Interim Development Control Order

There are no Interim Development Control Orders currently applicable to the subject land.

8. Section 30C(4)(b) – Environmental Assessment Act – PER or EIS

The proposal does not meet the assessment criteria under the Northern Territory Environmental Assessment Act, and thus a Public Environmental Report or Environmental Impact Statement are not required.

9. Section 30C(4)(c) – Merits of Proposed Development

The concurrent application will allow an amendment proposal and a development proposal that increases the range of light industrial land in a manner consistent with strategic planning, the constraints imposed by airport operations, and concurrent with the provision of services and infrastructure to support the proposal.

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The proposal will increase the range of industrial land available within a central location relative to the Darwin urban areas, the East Arm Port and the city of Palmerston. The subdivision will facilitate the sale and use of land that is currently vacant, and the proposed stormwater system will ensure the protection of sensitive receiving areas.

10. Section 30C(4)(d) – Subject Land, Suitability of Development and effect on other land

Sections 2 and 3 of this report detail the subject land and its locality. The land is relatively flat, not constrained by seasonal inundation, and is land otherwise unsuitable for residential or agricultural development (due to the proximity of airport operations). The nature and extent of light industry proposed is not likely to adversely affect surrounding land, and the nature and layout of the approved road network will benefit surrounding areas by increasing accessibility and permeability. Accordingly, the land is suited to development for light industrial purposes as proposed.

11. Section 30C(4)(e) – Public Facilities and Open Space

Public facilities and open space are not required as part of an industrial subdivision.

12. Section 30C(4)(f) – Public Utilities and Infrastructure

DP15/0813 provided a detailed insight into the proposed service connections and provision of infrastructure required to support the subdivision of stage 3 of the Berrimah Business Park. The site is part of the Berrimah North Area currently subject to ongoing investigations regarding the provision of road, drainage and service infrastructure, and the development of the site will likely be subject to contributions for the provision of / upgrade to one or more of these services. The proposal will integrate with stage 3 which includes the appropriate development of infrastructure within the site, along with that required to access and service the proposed subdivision, including:

 The construction of a southern road connection which, with the impending signalisation of the Stuart Highway / Jessop Crescent intersection by the Department of Transport, will facilitate appropriate access for all lots within the subdivision;

 Upgrades to existing stormwater infrastructure to accommodate the proposed development;

 Allowance for direct connections to the east and west; and

 All required upgrades / infrastructure to provide potable water, sewerage and power services to resultant lots.

Numerous discussions have been held with the Department of Infrastructure, Planning and Logistics regarding the construction of roads in the vicinity, with the connector road between Amy Johnson Avenue and Section 7202 to be constructed by the Department, roads internal to Section 7202 provided by the proponent, and the connection to Vanderlin Drive subject to negotiations between the Department and the landowners of Sections 4303 and 4882.

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13. Section 30C(4)(g) – Impact on Amenity

The definition of light industry within Clause 3.0 of the Planning Scheme ensures industrial development is limited to that which does not affect the amenity of surrounding land by way of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil. Further, the lack of residential development at urban densities within close proximity of the site, either existing or anticipated within the Area Plan, means the resultant impact on amenity is likely to be low.

14. Section 30C(4)(h) – Benefit/Detriment to Public Interest

The proposed subdivision will significantly increase the availability of light industrial land to the general public, and will create employment within the civil construction industry during the construction phase.

15. Section 30C(4)(i) – Compliance with the Building Act (subdivision)

There are no existing buildings on the subject land. Accordingly, Section 30C(4)(i) is not relevant.

16. Section 30C(4)(j) – Development of Scheme Land

The application does not comprise the subdivision of land under a unit titles scheme. Accordingly Section 30C(4)(j) is not relevant at this stage.

17. Strategic Planning

17.1 Darwin Regional Land Use Plan

Clause 2.7 of the NT Planning Scheme provides requirements regarding reference to policy documents in development applications. Clause 2.7 provides:

1. The interpretation of this Planning Scheme and the determinations of a consent authority must have regard to the policies and planning concepts expressed in those documents appearing in Part 8 or Schedule 2 and ensure that a use or development or proposed use or development is consistent with them.

2. Where there is an inconsistency between any applicable policy and this Planning Scheme, the provisions of the Planning Scheme will prevail

Schedule 2 of the Planning Scheme makes reference to eleven policy documents, including, as relevant to the current proposal, the Darwin Regional Land Use Plan. The Darwin Regional Land Use Plan was prepared by the NT Planning Commission and incorporated into Schedule 2 of the Planning Scheme in 2015. The plan provides a vision, goals and intended outcomes for development of the Darwin Region, identifies regional opportunities and the intention for development into the medium and long term. The Land Use Structure on Page 13 of the Plan identifies the subject land as Industry, and reflects the boundaries between Industry and Open Space / Natural Areas identified in the Berrimah North Area Plan. Commencing on Page 25, the Plan considers key industrial objectives. In accordance with the objectives therein, he proposal encourages a range of opportunities in accordance with the diverse needs of industrial uses, and is appropriate taking into account the limited opportunities for industrial development and potential for conflict with surrounding uses and the environment. 11

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The Regional Land Use Plan acknowledges the growing interest for light and general industry land within business parks, and identifies “The proposed industrial area at Berrimah North and the potential for port related development at Elrundie Peninsula will provide new opportunities for a variety of industrial activities.” The development of the land for light industrial purposes is consistent with the objectives and intended outcomes within the Regional Land Use Plan, in a manner that aligns with infrastructure and service provision, and as such is consistent with the direction of strategic planning within the greater Darwin region.

17.2 Berrimah North Area Plan

The Berrimah North Area Plan is contained within Clause 14.1.2 of the Planning Scheme, and provides the framework for zoning and development in the Berrimah North area, including the subject land and immediate surrounds. The location of the site in relation to the Area Plan is identified in figure 2, with an unmarked enlargement provided in figure 3.

Figure 3: Excerpt from the Berrimah North Area Plan

152 153

The Area Plan provides the following:

Principles 1 to 4 relate to site constraints, natural topography, stormwater drainage and the strategic infrastructure needs of the whole Berrimah North locality.

Future development is to:

1. Demonstrate a designed response to the landform, land units and natural drainage by

a) providing local roads, urban drainage and open space that respond to the landform and natural drainage pattern, and incorporate stormwater management that accords with the strategic drainage framework of the Berrimah North Drainage Study referenced under Schedule 3 to clause 2.8;

The subject land is generally flat with little slope or natural drainage function. The Berrimah North Drainage Study prepared by ADG Engineers in 2014 identifies the site within Catchments 11 and 12 (with stages 1/2 of the Berrimah Business Park located in Catchment 12). The existing catchment areas include the PWC site to the east of Section 7202, with runoff generally draining to the south-east, in the direction of the existing swale and culvert to Vanderlin Drive (refer figure 4).

Figure 4: Pre-Development Catchments (Appendix D)

153 154

The Drainage Study identifies the use of fill to achieve falls and thus drain stormwater to the west, and ultimately to catchments along Amy Johnson Avenue, however appears to disregard the original design intent of the swale between stages 1/2 and stage 3 to accommodate (with appropriate expansion) the majority of runoff from all stages. The Study also suggests drainage opposite to the natural drainage direction. Accordingly, the existing swale will be enlarged as part of DP15/0813 (drainage study approved by Council) to ensure the ability to detain stormwater and achieve discharge levels at Vanderlin Drive equivalent to pre-development flow conditions. This catchment will include the allotments subject to this development proposal. A small portion of the stage 3 subdivision will drain towards Amy Johnson Avenue along the collector road. This area is primarily contained within stage 2 of DP15/0813, will be reliant on the development of the road connection and does not include proposed lots 87-97.

Proposed stormwater management will therefore respond to the natural land form and maximise use and efficiency of existing stormwater systems.

b) applying Australian best practice standards to the quality of stormwater run-off into the natural drainage system; and

c) maintaining overland flow and managing stormwater discharge with detention structures and the like, to mitigate nutrient rich runoff into the receiving environment, while minimising the potential for biting insects to breed in such infrastructure.

The extent of treatment and resultant stormwater quality for stage 3 (designed to consider proposed section 7402) has been determined through MUSIC modelling, which determined the detention basin and swale arrangement will, on average, reduce runoff pollutant concentrations to lower levels than required by the Northern Territory Government WSUD planning guide. The detention times adopted by the swale and detention basin arrangement, and the lack of sensitive development in the immediate proximity, are such that adverse impacts from biting insect breeding are unlikely.

2. Minimise the off-site impacts of concentrated stormwater on both private property and the receiving environment by:

a) managing the magnitude and duration of sediment-transporting stormwater flows to minimise erosion;

b) preparing and complying with an erosion and sediment control plan in order to control erosion during construction; and

c) managing concentrated stormwater on-site such that post-development flows are not greater than pre-development flows onto adjacent land.

The proposed stormwater management system, including the enlarged swale and detention basin, will ensure appropriate sediment control, suitable stormwater quality, and the achievement of pre-development flow rates. A detailed erosion and sediment control plan will be required, and erosion and sediment controls enforced during construction. It is anticipated that an Erosion and Sediment Control Plan to the satisfaction of the Development Consent Authority and the Department of Land Resource Management would be developed in accordance with a condition precedent on any resultant development permit.

154 155

3. Manage exposure to aircraft noise and controlled airspace by:

a) ensuring that development within contour 20 of the Australian Noise Exposure Forecast (ANEF) is acceptable or can comply with the noise attenuation guidelines of AS2021-2000;

b) ensuring that building heights comply with Defence (Area Control) Regulations; and

c) ensuring that neither permanent nor temporary structures breach controlled civil airspace.

The subject land is located between the ANEF 20 and 30 contours, with possible development within Zone SD42 identified as acceptable or conditionally acceptable within AS2021-2000. Accordingly, future land use and development can comply with the noise attenuation and ultimate internal (and external) noise levels of AS2021- 2000. Built form height is generally limited to 8.5 metres by Clause 6.1 of the Planning Scheme, well below the 15 metre height limit within the Defence (Areas Control) Regulations. The built form limitations also mean resultant development will be well below controlled airspace for civil aircraft movements.

4. Manage local traffic and impacts on the arterial transport network by:

a) connecting local roads to the arterial network in accordance with the strategic framework indicated in the Area Plan and providing viable access for public transport;

b) providing access intersections at the shown locations in accordance with the requirements of the Department of Transport; and

c) interconnecting local roads to distribute rather than concentrate local traffic, support a pedestrian / cycle network and provide convenient access to public transport stops.

The subdivision adjoins an approved (and currently under construction) interconnected local road network with provisions for strategic connections to arterial roads, including the Stuart Highway, Vanderlin Drive and Amy Johnson Avenue. The wider road design for industrial development also allows access by public transport vehicles if required. Road connections take advantage of existing access locations (the Stuart Highway), identified access locations (Vanderlin Drive) and ideal access locations (Amy Johnson Avenue) in accordance with the traffic assessment approved through DP15/0813. The additional allotments are not likely to compromise the outcomes of the traffic report given the low additional generation. All approved local roads will distribute traffic throughout the subdivision, with connecting roads appropriately designed to support a higher volume of traffic. All road reserves will include pedestrian / cycle facilities in accordance with the City of Darwin Subdivision Design Guidelines.

Principles 5 to 7 relate to the performance of residential development and largely to Area Plan 1 of 2. The requirements identified in Principles 5 to 7 generally apply to housing, walkability outside (below) of the ANEF 20 contour, and the provision of community services and facilities in relation to residential areas. Accordingly these principles are not directly relevant to the proposed industrial subdivision, and as such have not been considered herein.

155 156

Principles 8 and 9 relate to the performance of non - residential development and largely to Area Plan 2 of 2.

Future development is to:

8. Provide an interconnected local road system that is viable and amenable for all users, and consistent with the Area Plan by:

a) ensuring that all development supports route choice and convenient access from the arterial road network including the proposed collector road linking Amy Johnson and Vanderlin Drive;

b) ensuring that each development includes interconnected local roads consistent with the Area Plan and provides for local road connections to adjacent land; and

c) providing efficient access for public transport and a practical pedestrian/cycleway network, including a cycleway between Amy Johnson Avenue and Vanderlin Drive, consistent with the Area Plan and viable at each development stage.

DP15/0813 facilitates a primary connection between Amy Johnson Avenue and Vanderlin Drive within a 40 metre wide road reserve which includes the required drainage function and dedicated pedestrian / cycle access. A north- south connection provides access between the Stuart Highway (via stages 1/2 of the Business Park) and the Amy Johnson Avenue / Vanderlin Drive connector road. Connections to the east are facilitated via the main Vanderlin Drive connection and additional access road directly onto adjacent Section 02237. The proposed road network will allow functional and efficient access, egress and vehicle movement throughout the proposed subdivision, suitable for the development of a light industrial estate, with appropriate provisions for pedestrians, cyclists and public transport if required. The road network accords with the intent of the Area Plan. Numerous discussions have been held with the Department of Infrastructure, Planning and Logistics regarding the construction of roads in the vicinity, with the connector road between Amy Johnson Avenue and Section 7202 to be constructed by the Department, roads internal to Section 7202 provided by the proponent, and the connection to Vanderlin Drive subject to negotiations between the Department and the landowners of Sections 4303 and 4882.

9. Respond to land use constraints associated with proximity to Darwin International Airport by:

a) managing exposure to aircraft noise and controlled airspace to ensure that the safe and curfew- free operation of the airport is continued;

b) ensuring that lighting associated with development under runway approaches will not prejudice the safe operation of the airport;

c) ensuring that the use or development of land under runway approaches will not attract birds or bats to an extent that prejudices the safe operation of the airport; and

d) restricting land uses that would attract people into the provisional public safety zone under the runway approach.

156 157

The proposal corresponds with the extent of development identified in in the Area Plan, which identifies and limits development based on a range of constraints and limitations due to the operation of the Darwin International Airport and RAAF Base Darwin. The Zone SD42 policy areas will be extended to include the development proposal, effectively limiting future land use and development depending on its location in relation to ANEF areas. Future development will be limited to the identified uses, along with the height, lighting, landscaping and refuse controls to ensure the operation of the Darwin international Airport is not compromised by way of land use, built form, lighting or bird attractants. Built form will need to ensure structural requirements of AS2021-2000 are adhered to for the safety and comfort of workers. Future land use is limited to those uses which minimise public danger beneath flight paths (for example the restrictions on service stations in Policy Area B).

18. Conclusion

This submission accompanies an application seeking to amend the Northern Territory Planning Scheme to rezone proposed section 7402 in accordance with the Berrimah North Area Plan, and to provide greater consistency for development in Zone SD42 with development in Zone LI in general. The rezoning will facilitate a development proposal for the subdivision of land to create 11 lots, which will form part of the Light Industrial component (stage 3) of the Berrimah Business Park.

The amendment proposal aligns with Northern Territory strategic planning policy, including the Darwin Regional Land Use Plan and the Berrimah North Area Plan, and the development proposal will satisfy the requirements of the Northern Territory Planning Scheme once amended. The proposal will facilitate the development of land anticipated for industrial uses, in a manner consistent with the primary objective of Zone SD42 to ensure the operation of the Darwin International Airport and RAAF Base Darwin.

Brad Cunnington Principal, Northern Planning Consultants Pty Ltd

7 April 2017

157 158

158 159

159 160

160 161

161 162

162 163

163 164

164 165

165 166

166 167

167 168

168 169

169 170

170 171 Date Registered: 20/08/2015 Volume 803 Folio 703 Duplicate Certificate as to Title issued? No SEARCH CERTIFICATE

Section 7202 Hundred of Bagot from plan(s) LTO2015/052 Area under title is 33 hectares 2000 square metres

Tenants in common: J & N Nominees Pty Ltd (ACN 073 950 482) as trustee for the J & N Unit Trust (ABN 80 047 203 695) of PO Box 37721, Winnellie NT 0821 40/100 share Dixon Property Investments Pty Ltd (ACN 136 578 848) as trustee for the Dixon Property Trust (ABN 40 146 153 591) of GPO Box 1973, Darwin NT 0801 20/100 share JEC (SA) Pty Ltd (ACN 151 839 155) of 13 Greenhill Road, Wayville SA 5034 20/100 share Cooper Holdings (NT) Pty Ltd (ACN 009 596 696) of 13 Greenhill Road, Wayville SA 5034 20/100 share

Easements: Drainage Easement to City of Darwin

Registered Dealing Date Number Description

Previous title is Volume 803 Folio 702 25/09/2015 856885 Mortgage Westpac Banking Corporation 27/03/2013 793370 Caution Notice This allotment is subject to aircraft noise and any building is required to be constructed to comply with AS2021-2000 Acoustics Aircraft noise intrusion Building siting and construction (AS2021). 18/11/1994 319809 Access easement granted to the proprietor(s) of lot(s) 5730 10/02/1989 213879 Encumbrance Commonwealth of Australia End of Dealings

Page 1 of 1 Searched on 10/03/2017 at 4:24:22 PM by 23BRC 171 172

NORTHERN TERRITORY OF AUSTRALIA

Record of Administrative Interests and Information

Record of Administrative Interests and Information The information contained in this record of Administrative Interests only relates to the below parcel reference.

Parcel Reference: Section 07202 Hundred of Bagot plan(s) LTO2015/052

(See section 38 of the Land Title Act)

Note: The Record of Administrative Interests and Information is not part of the Land Register and is not guaranteed by the Northern Territory of Australia, and the NT Government accepts no Liability for any omission, misstatement or inaccuracy contained in this statement.

Registrar General

Government Land Register (none found)

Custodian - Registrar General (+61 8 8999 6252)

Current Title CUFT 803 703 (order 1)

Tenure Type ESTATE IN FEE SIMPLE

Tenure Status Current

Area Under Title 33 hectares 2000 square metres

Owners J & N Nominees Pty Ltd (ACN 073 950 482) as trustee for the J & N Unit Trust (ABN 80 047 203 695) PO Box 37721, Winnellie NT 0821 Dixon Property Investments Pty Ltd (ACN 136 578 848) as trustee for the Dixon Property Trust (ABN 40 146 153 591) GPO Box 1973, Darwin NT 0801 JEC (SA) Pty Ltd (ACN 151 839 155) 13 Greenhill Road, Wayville SA 5034 Cooper Holdings (NT) Pty Ltd (ACN 009 596 696) 13 Greenhill Road, Wayville SA 5034

Easements Drainage Easement to City of Darwin

Scheme Name (none found)

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Scheme Body Corporate Name (none found)

Reserved Name(s) (none found)

Unit Entitlements (none found)

Transfers (none found)

Tenure Comments (none found)

Historic Titles CUFT 803 702 (order 1) CUFT 800 010 (order 1) Visit the website http://www.nt.gov.au/justice/bdm/land_title_office/

Custodian - Surveyor General (+61 8 8995 5362)

Address 56 JESSOP CRES, BERRIMAH

Survey Plan LTO2015/052

Survey Status Approved

Parcel Status CURRENT

Parcel Area 33 hectares, 2000 square metres

Map Reference (none found)

Parent Parcels Section 06599 Hundred of Bagot plan(s) LTO2012/098A

Parcel Comments (none found)

Survey Comments SECTIONS 7201 AND 7202, SUBDIVISION OF SECTION 6599, HUNDRED OF BAGOT

Proposed Easements Access to Private Drainage to DARWIN CITY COUNCIL

Municipality DARWIN MUNICIPALITY

Region DARWIN

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Custodian - Valuer General (+61 8 8995 5375)

Owner's Last Known Address DIXON PROPERTY INVESTMENTS PTY LTD ATF DIXON PROPERTY TRUST & others, GPO BOX 1973, DARWIN NT 0801

Parcels in Valuation Section 07202 Hundred of Bagot

Unimproved Capital Value $11,260,000 on 01/07/2014 $10,000,000 on 01/07/2011

Valuation Improvements (none found)

Custodian - Property Purchasing (+61 8 8999 6631)

Acquisitions (none found)

Custodian - Building Advisory Service (+61 8 8999 8965)

Building Control Areas BBDAR001 - Building Control Area DARWIN BUILDING AREA

Building Permits (none found)

Visit the website http://www.nt.gov.au/building/

Custodian - Town Planning and Development Assessment Services (+61 8 8999 6046)

Planning Scheme Zone MZ (Multi Zone)

Interim Development Control Orders (none found)

Planning Notes (none found)

Planning Applications

File Number PA2015/0465

Type Subdivision

Date Received 23/06/2015

Application Purpose Subdivision to create 89 lots in 2 stages

Application Status Approved

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Other Affected Parcels Section 04262 Hundred of Bagot

Instrument Signed 23/12/2015

Instrument Number DP15/0813

Instrument Issued Signed

Instrument Status Current

Custodian - Power and Water Corporation (1800 245 092)

Meters on Parcel Power Water - Electricity (none Power Water - Water found)

For Account balances, contact the Power and Water Corporation.

Custodian - Pool Fencing Unit (+61 8 8924 3641)

Swimming Pool/Spa Status (none found)

For more information, contact the Pool Fencing Unit (+61 8 8924 3641).

Custodian - Mines and Energy (+61 8 8999 5322)

For information on possible Exploration Licences, contact Mines & Energy or visit the website http://www.nt.gov.au/d/Minerals_Energy/

For information on possible Petroleum Titles, contact Mines & Energy for further details.

Custodian - NT Environment Protection Authority (+61 8 8924 4218)

Results of site contamination assessment (none found)

For further information contact Environment Protection Authority or visit the website https://ntepa.nt.gov.au/waste-pollution/contaminated-land

Custodian - Heritage Branch (+61 8 8999 5039)

Heritage Listing: (none found)

For further information on heritage places contact Heritage Branch or visit the website https://nt.gov.au/property/land/heritage-register-search-for-places-or-objects

Printed by 23BRC Page 4of5 10/03/2017 16:24:22 175 176

Other Interests For Account balances, contact Darwin City Council

Printed by 23BRC Page 5of5 10/03/2017 16:24:22 176 177

NORTHERN TERRITORY OF AUSTRALIA

Record of Administrative Interests and Information

Record of Administrative Interests and Information The information contained in this record of Administrative Interests only relates to the below parcel reference.

Parcel Reference: Section 04262 Hundred of Bagot plan(s) S 911035

(See section 38 of the Land Title Act)

Registrar General

Government Land Register Controlling Agency DEPT LANDS, PLANNING AND THE ENVIRONMENT 141212

Custodian - Registrar General (+61 8 8999 6252)

Current Title No Current Title Issued

Tenure Status Current

Easements (none found)

Scheme Name (none found)

Scheme Body Corporate Name (none found)

Reserved Name(s) (none found)

Transfers (none found)

Historic Titles (none found) Visit the website http://www.nt.gov.au/justice/bdm/land_title_office/

Custodian - Surveyor General (+61 8 8995 5362)

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Address 74 AMY JOHNSON AVE, BERRIMAH

Survey Plan S 911035

Survey Status File Only

Parcel Status CURRENT

Parcel Area 43 hectares, 3900 square metres

Map Reference Code 200 Scale 2500 Sheet 33.24 Code 200 Scale 2500 Sheet 33.25

Parent Parcels (none found)

Parcel Comments VCL IDENTIFIER 91/1035/16. PT SET ASIDE FOR FUTURE ROAD PURPOSES. SECTION 4440 EXCISED - S93/196. SECTION 4489 & ROAD EXCISED - S94/278. SECTION 4568(A) EXCISED & ADJ 6 BLOCK SUBN 94/4067, 95/1000(2)/50. LAND RELEASE RESTRICTIONS 95/4095, 95/1000(5)/102. RESTRICTIONS LIFTED 01/07/1996 DG95/30. SECTION 4686(A) OVER PART, CANCELLED. SECTIONS 4885 TO 4888 EXCISED - S97/180. NATIVE TITLE DOES NOT EXIST ON THIS PARCEL (FEDERAL COURT DETERMINATION 17/5/2006) REF LI2009/36/135. SEC 6630(A) OVER PART. OL3705 OVER PART (WITH SEC 6630) HELD BY SITZLER PTY LTD - EXPIRES 12/12/2017. APPLICATION OF DIRECT SALE SECTION 7402(A).

Survey Comments UNSURVEYED CROWN LAND IDENTIFICATION.

Proposed Easements (none found)

Municipality DARWIN MUNICIPALITY

Region DARWIN

Custodian - Valuer General (+61 8 8995 5375)

Owner's Last Known Address CROWN LAND OF THE N T, GPO BOX 1680, DARWIN NT 0801

Unimproved Capital Value

Valuation Improvements (none found)

Custodian - Property Purchasing (+61 8 8999 6631)

Acquisitions (none found)

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Custodian - Building Advisory Service (+61 8 8999 8965)

Building Control Areas BBDAR001 - Building Control Area DARWIN BUILDING AREA

Building Permits (none found)

Visit the website http://www.nt.gov.au/building/

Custodian - Town Planning and Development Assessment Services (+61 8 8999 6046)

Planning Scheme Zone MZ (Multi Zone)

Interim Development Control Orders (none found)

Planning Notes (none found)

Planning Applications

File Number PA2016/0490

Type Development

Date Received 02/08/2016

Application Purpose Stormwater infrastructure (detention basin)

Application Status Approved

Other Affected Parcels (none found)

Instrument Signed 23/09/2016

Instrument Number DP16/0463

Instrument Issued Signed

Instrument Status Current

File Number PA2015/0465

Type Subdivision

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Date Received 23/06/2015

Application Purpose Subdivision to create 89 lots in 2 stages

Application Status Approved

Other Affected Parcels Section 07202 Hundred of Bagot

Instrument Signed 23/12/2015

Instrument Number DP15/0813

Instrument Issued Signed

Instrument Status Current

File Number PA2013/0134

Type Development

Date Received 27/02/2013

Application Purpose Temporary display bridge

Application Status Approved

Other Affected Parcels (none found)

Instrument Signed 24/04/2013

Instrument Number DP13/0227

Instrument Issued Signed

Instrument Status Current

File Number PA1997/0137

Type Subdivision

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Date Received 13/02/1997

Application Purpose CREATE 4 LOTS EXHIB DATES 21/2/97 - 7/3/97 RMS973133

Application Status Approved

Other Affected Parcels (none found)

Instrument Signed 16/04/1997

Instrument Number DP97/0200

Instrument Issued Signed

Instrument Status Completed

File Number PA1995/0638

Type Subdivision

Date Received 09/08/1995

Application Purpose CREATE 7 LOTS TO BE EXHIBITED FROM THE 18/8 - 7/9/95

Application Status Approved

Other Affected Parcels (none found)

Instrument Signed 13/10/1995

Instrument Number DP95/0505

Instrument Issued Signed

Instrument Status

File Number PA1993/0612

Type Development

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Date Received 18/10/1993

Application Purpose STANDING 10 M ANEMOMETER MAST

Application Status Approved

Other Affected Parcels (none found)

Instrument Signed 11/11/1993

Instrument Number DV5117

Instrument Issued Signed

Instrument Status

File Number PA1993/0150

Type Subdivision

Date Received 25/03/1993

Application Purpose CONSOLIDATION WITH LOT 2945 TO CREATE ONE LOT TROPICAL FRUIT ORCHARD & ANCILLARY TOURIST PURPOSES PENDING REZONING LOT 2945-GAZETTED 30/6/93

Application Status Approved

Other Affected Parcels Section 02945 Hundred of Bagot

Instrument Signed 06/07/1993

Instrument Number S 2457

Instrument Issued Signed

Instrument Status Completed

File Number PA1991/0396

Type Subdivision

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Date Received 07/08/1991

Application Purpose CREATE LOT A *THIS LOT A IS VCL-(ADMIN PARCEL) PART V SIGNED 10/10/91-LETTER OF GUARANTEE FROM THE GOVERNMENT THAT WORKS WOULD BE COMPLETED

Application Status Approved

Other Affected Parcels (none found)

Instrument Signed 21/08/1991

Instrument Number S02196

Instrument Issued Signed

Instrument Status Completed

Custodian - Power and Water Corporation (1800 245 092)

Meters on Parcel Power Water - Electricity (none found) Power Water - Water (none found) Proposal to register water supply easement. For further details, contact the Easements Officer, Power and Water Corporation (1800 245 092)

For Account balances, contact the Power and Water Corporation.

Custodian - Pool Fencing Unit (+61 8 8924 3641)

Swimming Pool/Spa Status (none found)

For more information, contact the Pool Fencing Unit (+61 8 8924 3641).

Custodian - Mines and Energy (+61 8 8999 5322)

For information on possible Exploration Licences, contact Mines & Energy or visit the website http://www.nt.gov.au/d/Minerals_Energy/

For information on possible Petroleum Titles, contact Mines & Energy for further details.

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Custodian - NT Environment Protection Authority (+61 8 8924 4218)

Results of site contamination assessment (none found)

For further information contact Environment Protection Authority or visit the website https://ntepa.nt.gov.au/waste-pollution/contaminated-land

Custodian - Heritage Branch (+61 8 8999 5039)

Heritage Listing: (none found)

For further information on heritage places contact Heritage Branch or visit the website https://nt.gov.au/property/land/heritage-register-search-for-places-or-objects

Other Interests For Account balances, contact Darwin City Council

Printed by 23BRC Page 8of9 10/03/2017 16:25:11 184 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 185 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/22

16. INFORMATION ITEMS AND CORRESPONDENCE RECEIVED

16.1 Incoming Letter - Minister for Infrastructure and Transport - 2017 Darwin Airport Draft Master Plan Document No. 3646644 (26/09/17) Common No. 3405720

The letter is Attachment A.

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/22 185 186

186 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee 187 Administrator on (08) 8930 0670.

SECOND ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 26 SEPTEMBER 2017 ORD09/23

17. REPORTS OF REPRESENTATIVES

18. QUESTIONS BY MEMBERS

19. GENERAL BUSINESS

21. DATE, TIME AND PLACE OF NEXT ORDINARY COUNCIL MEETING Common No. 2695130

THAT the next Ordinary Meeting of Council be held on Tuesday, 17 October 2017, at 5:30pm (Open Section followed by the Confidential Section), Council Chambers, 1st Floor, Civic Centre, Harry Chan Avenue, Darwin.

22. CLOSURE OF MEETING TO THE PUBLIC Common No. 2695131

23. ADJOURNMENT OF MEETING AND MEDIA LIAISON

Second Meeting of the Twenty-Second Council Tuesday, 26 September 2017 ORD09/23 187

PREVIOUS MINUTES OPEN

Ordinary Council Meeting

12 September 2017 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/1

CITY OF DARWIN MINUTES OF THE FIRST ORDINARY COUNCIL MEETING OF THE TWENTY-SECOND COUNCIL HELD IN COUNCIL CHAMBERS, CIVIC CENTRE, HARRY CHAN AVENUE ON TUESDAY, 12 SEPTEMBER 2017 COMMENCING AT 5.00PM.

PRESENT: The Right Worshipful, Lord Mayor, K Vatskalis, (Chair); Member A J Arthur; Member J Bouhoris; Member S Cullen; Member J A Glover; Member G J Haslett; Member R M Knox; Member S J Niblock; Member M Palmer; Member P Pangquee; Member R Want de Rowe; Member E L Young.

OFFICERS: Chief Executive Officer, Mr B P Dowd; Acting General Manager City Performance, Mr R Iap; Acting General Manager City Operations, Mr N Kleine; General Manager City Life, Ms A Malgorzewicz; General Manager City Futures, Mr G Rosse; Town Planner, Mr D Burrows; Planning Officer, Mr B Sellars; Senior Communications and Public Relations Officer, Ms J Raymond-Monro; Executive Assistant City Performance, Ms J Eves; Committee Administrator, Mrs P Hart.

APOLOGY: Member G Lambrinidis.

MEDIA: NT News, Ms Phillippa Butt; 9 News, Ms Kathleen Gazzola; ABC Radio, Ms A Brown; ABC News, Mr Mitchell Abram.

WEBCASTING DISCLAIMER

The City of Darwin live webcasts the Open Section of Ordinary Council Meetings. Audio- visual recording equipment was configured to avoid coverage of the public gallery area and the City of Darwin used its best endeavours to ensure images in this area are not webcast. However the City of Darwin expressly provided no assurances to this effect and in the event your image was webcast, you were by remaining in the public gallery area taken to have given the City of Darwin a non-exclusive licence to copy and broadcast your image worldwide for no reward.

* * * INDEX * * * PAGE

1. ACKNOWLEDGEMENT OF COUNTRY ...... 4

2. THEunconfirmed LORD’S PRAYER ...... 4

3. MEETING DECLARED OPEN ...... 4

4. APOLOGIES AND LEAVE OF ABSENCE ...... 4

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/1 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/2

5. ELECTRONIC MEETING ATTENDANCE ...... 5

6. DECLARATION OF INTEREST OF MEMBERS AND STAFF ...... 5

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING/S

7.1 Ordinary Council Meeting 15/08/2017 ...... 6 7.2 Confidential Ordinary Council Meeting 15/08/2017 ...... 6 (Moved from Confidential) 7.3 Business Arising...... 6

8. MATTERS OF PUBLIC IMPORTANCE ...... 6

9. DEPUTATIONS AND BRIEFINGS ...... 6

10. PUBLIC QUESTION TIME ...... 7

11. CONFIDENTIAL ITEMS

11.1 Closure to the Public for Confidential Items ...... 7 11.2 Moving Open Items Into Confidential ...... 7 11.3 Moving Confidential Items Into Open ...... 7

12. PETITIONS ...... 8

13. NOTICE(S) OF MOTION

13.1 Ordinary Council Meeting and Workshop Times ...... 8 13.2 2017/18 Municipal Plan Workshop ...... 8 13.3 CBD Parking ...... 9 13.4 Parking times at Nightcliff Shopping Centre ...... 9

14.1 OFFICERS REPORTS (ACTION REQUIRED) unconfirmed 14.1.1 Casting Vote by Chair ...... 10 14.1.2 Deputy Lord Mayor...... 10 14.1.3 Meeting Date Schedule - September to December 2017 ...... 12 14.1.4 Application for a Special Liquor Licence - Hamark Holdings Pty Ltd - Music Festival, Mindil Beach, 28 October 2017 ...... 12

14.2 OFFICERS REPORTS (RECEIVE & NOTE) ...... 12

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/2 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/3

15. TOWN PLANNING REPORT/LETTERS

15.1 Council Responses to Planning Applications - September 2017 ...... 13 15.2 Signage Application - Airport Hotel Tavern, Lot 9717 (227) McMillans Road, Jingili ...... 13 15.3 Signage Application - Helloworld Travel Darwin, Lot 2405 (63) Smith Street, Darwin City ...... 13

16. INFORMATION ITEMS AND CORRESPONDENCE RECEIVED ...... 14

17. REPORTS OF REPRESENTATIVES

17.1 Lord Mayor - Meeting with the Chief Minister ...... 14

18. QUESTIONS BY MEMBERS

18.1 Barneson Boulevard...... 15 18.2 Abandoned Vehicle at Malak Shopping Centre ...... 15 18.3 Permitted Drinking Area Signage ...... 15

19. GENERAL BUSINESS

19.1 Barneson Boulevard Briefing ...... 16

20. DATE, TIME AND PLACE OF NEXT ORDINARY COUNCIL MEETING ...... 16

21. CLOSURE OF MEETING TO THE PUBLIC ...... 16

22. ADJOURNMENT OF MEETING AND MEDIA LIAISON ...... 16

unconfirmed

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/3 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/4

1. ACKNOWLEDGEMENT OF COUNTRY

2. THE LORD’S PRAYER

3. MEETING DECLARED OPEN

The Chair declared the meeting open at 5.00pm.

4. APOLOGIES AND LEAVE OF ABSENCE Common No. 2695036

4.1 Apologies

(Palmer/Want de Rowe)

THAT the apology from Member G Lambrinidis be received.

DECISION NO.22\0001 (12/09/17) Carried

4.2 Leave of Absence Granted

Nil

4.3 Leave of Absence Requested

(Haslett/Pangquee)

A. THAT a Leave of Absence be granted for Member G Lambrinidis for the period of 6 September to 7 October 2017.

B. THAT a Leave of Absence be granted for Member R M Knox for the period of 27 September to 8 October 2017.

C. THAT a Leave of Absence be granted for Member E L Young for the period of 15 to 18 unconfirmedSeptember 2017.

D. THAT a Leave of Absence be granted for Member J A Glover for the period of 29 September to 9 October 2017.

DECISION NO.22\0002 (12/09/17) Carried

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/4 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/5

5. ELECTRONIC MEETING ATTENDANCE Common No. 2221428

5.1 Electronic Meeting Attendance Granted

Nil

5.2 Electronic Meeting Attendance Requested

(Haslett/Want De Rowe)

THAT Council note that pursuant to Section 61 (4) of the Local Government Act and Decision No. 21\0009 – 15/04/12, the following members request Electronic Meeting Attendance:

A. Member R M Knox to attend all Council and Committee Meetings for the period of 27 September to 8 October 2017.

B. Member G Lambrinidis to attend all Council and Committee Meetings for the period of 6 September to 7 October 2017.

DECISION NO.22\0003 (12/09/17) Carried

6. DECLARATION OF INTEREST OF MEMBERS AND STAFF Common No. 2752228

6.1 Declaration of Interest by Members

Nil

6.2 Declaration of Interest by Staff

(Haslett/Bouhoris)

THAT Council note that pursuant to Section 107 of the Local Government Act, Chief Executive Officer, Brendan Dowd, declared a Conflict of Interest in Item C28.1.

DECISION NO.22\0004 (12/09/17) Carried unconfirmed

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/5 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/6

7. CONFIRMATION OF MINUTES OF PREVIOUS MEETING/S Common No. 1955119

7.1 Confirmation of the Previous Ordinary Council Meeting

(Haslett/Palmer)

THAT the tabled minutes of the previous Ordinary Council Meeting held on Tuesday, 15 August 2017, be received and confirmed as a true and correct record of the proceedings of that meeting.

DECISION NO.22\0005 (12/09/17) Carried

7.2 Confirmation of the Previous Confidential Ordinary Council Meeting

With the consent of the Council, the Decisions arising from this item were moved from the Confidential Section into the Open Section of the Minutes.

(Haslett/Niblock)

A. THAT the tabled minutes of the previous Confidential Ordinary Council Meeting held on Tuesday, 15 August 2017 be received and confirmed as a true and correct record of the proceedings of that meeting.

B. THAT this decision be moved into Open.

DECISION NO.22\0006 (12/09/17) Carried

7.3 Business Arising

Nil

8. MATTERS OF PUBLIC IMPORTANCE

Nil

9. DEPUTATIONSunconfirmed AND BRIEFINGS

Nil

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/6 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/7

10. PUBLIC QUESTION TIME

Nil

11. CONFIDENTIAL ITEMS Common No. 1944604

11.1 Closure to the Public for Confidential Items

(Haslett/Palmer)

Item Regulation Reason

C24.1 8(c)(iv) information that would, if publicly disclosed, be likely to prejudice the interests of the council or some other person C28.1 8(a) information about the employment of a particular individual as a member of the staff or possible member of the staff of the council that could, is publicly disclosed, cause prejudice to the individual

DECISION NO.22\0007 (12/09/17) Carried

11.2 Moving Open Items Into Confidential

Nil

11.3 Moving Confidential Items Into Open

Nil

unconfirmed

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/7 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/8

12. PETITIONS

Nil

13. NOTICE(S) OF MOTION

13.1 Ordinary Council Meeting and Workshop Times Common No. 1486656

(Haslett/Want de Rowe)

THAT the Ordinary Council Meetings and Special Council Workshops have a default start time of 5.30pm unless otherwise directed by the Lord Mayor and Deputy Lord Mayor, for the term of the 22nd City of Darwin Council.

DECISION NO.22\0008 (12/09/17) Carried

ACTION: CA NOTE: EXEC MGR

13.2 2017/18 Municipal Plan Workshop Common No. 2736812

(Haslett/Want de Rowe)

THAT a workshop be scheduled to brief the Council on the 2017/18 Municipal Plan.

DECISION NO.22\0009 (12/09/17) Carried

ACTION: EXEC MGR NOTE: CA, GM CITY PERFORMANCE

unconfirmed

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/8 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/9

13.3 CBD Parking Common No. 1952026

(Haslett/Lord Mayor)

THAT a report be prepared and presented to Council in November 2017:

i. outlining the financial and non-financial implications of 1 hour, 2 hour and all day free on-street parking and other reasonable options within the CBD, with current zones and time limits to remain; ii. outlining the financial and non-financial matters that would need to be considered if weekly, fortnightly and monthly off-street parking permits were introduced; iii. outlining consideration of a park and ride facility for the CBD; and iv. that all Elected Members be consulted along with relevant stakeholders.

DECISION NO.22\0010 (12/09/17) Carried

ACTION: GM CITY FUTURES NOTE: GM CITY LIFE

13.4 Parking times at Nightcliff Shopping Centre Common No. 3399523

(Knox/Young)

THAT Council immediately convert all 1 hour parking zones to 2 hour zones around the Nightcliff Shopping Centre and conduct a review of the parking management of untimed carparks in surrounding streets affected by overflow parking, including surveying the affected residents.

Tied with an equality of votes.

As a consequence, Decision No. 21\5454 (30/05/17) stands and will continue to be actioned.

unconfirmed

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/9 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/10

14.1 OFFICERS REPORTS (ACTION REQUIRED)

14.1.1 Casting Vote by Chair Report No. 17CE0004 MR:ph (12/09/17) Common No. 1474809

(Haslett/Palmer)

A. THAT Report Number 17CE0004 MR:ph entitled Casting Vote by Chair, be received and noted.

B. THAT pursuant to Section 61 (6) of the Local Government Act, it be a policy of the 22nd City of Darwin Council that the Chair of meetings of the Council shall have a second or casting vote where there is an equality of votes on a matter before the Council.

DECISION NO.22\0011 (12/09/17) Carried

ACTION: MGR STRATEGY & OUTCOMES NOTE: CA, EXEC MGR

14.1.2 Deputy Lord Mayor Report No. 17CE0005 MR:ph (12/09/17) Common No. 375173

(Palmer/Want de Rowe)

A. THAT Report Number 17CE0005 MR:ph entitled Deputy Lord Mayor, be received and noted.

B. THAT in accordance with Part 4.3 of the Local Government Act, Council endorse Option 2, a one year rotation, to Report Number 17CE0005 MR:ph entitled Deputy Lord Mayor, as its policy position for Deputy Lord Mayor.

C. THAT City of Darwin Policy No.015 - Deputy Lord Mayor be amended to reflect Council’s policy position for Deputy Lord Mayor.

D. THAT in accordance with Part 4.3 of the Local Government Act, Alderman R Want de Rowe be appointed as Deputy Lord Mayor for the period 12 September 2017 to 12 January 2018.

Amendmentunconfirmed

(Bouhoris/Cullen)

B. THAT in accordance with Part 4.3 of the Local Government Act, Council endorse Option 1, a 4 month rotation, to Report Number 17CE0005 MR:ph entitled Deputy Lord Mayor, as its policy position for Deputy Lord Mayor.

Carried Continued on next page.

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/10 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/11

14.1.2 Deputy Lord Mayor Report No. 17CE0005 MR:ph (12/09/17) Common No. 375173

Continued from previous page.

As a result of the amendment being carried the following motion was put:

(Palmer/Want de Rowe)

A. THAT Report Number 17CE0005 MR:ph entitled Deputy Lord Mayor, be received and noted.

C. THAT City of Darwin Policy No.015 - Deputy Lord Mayor be amended to reflect Council’s policy position for Deputy Lord Mayor.

DECISION NO.22\0012 (12/09/17) Carried

ACTION Part B: CA ACTION: Part C: MGR STRATEGY & OUTCOMES NOTE: EXEC MGR

(Lord Mayor/Knox)

D. THAT in accordance with Part 4.3 of the Local Government Act, Alderman R Want de Rowe be appointed as Deputy Lord Mayor for the period 12 September 2017 to 12 January 2018.

DECISION NO.22\0013 (12/09/17) Carried

ACTION: CA NOTE: EXEC MGR

unconfirmed

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/11 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/12

14.1.3 Meeting Date Schedule - September to December 2017 Report No. 17CE0006 MR:ph (12/09/17) Common No. 1486656

(Palmer/Niblock)

A. THAT Report Number 17CE0006 MR:ph entitled Meeting Date Schedule - September to December 2017, be received and noted.

B. THAT the schedule in Attachment A to Report Number 17CE0006 MR:ph entitled Meeting Date Schedule - September to December 2017 be endorsed.

DECISION NO.22\0014 (12/09/17) Carried

ACTION: CA NOTE: EXEC MGR

14.1.4 Application for a Special Liquor Licence - Hamark Holdings Pty Ltd - Music Festival, Mindil Beach, 28 October 2017 Report No. 17CL0009 EB:kl (12/09/17) Common No. 3633429

(Palmer/Glover)

A. THAT Report Number 17CL0009 EB:kl entitled Application for a Special Liquor Licence – Hamark Holdings Pty Ltd – Music Festival, Mindil Beach, 28 October 2017, be received and noted.

B. THAT Council endorse the letter to the Director-General of Licensing at Attachment A to Report Number 17CL0009 EB:kl entitled Application for a Special Liquor Licence – Hamark Holdings Pty Ltd – Music Festival, Mindil Beach, 28 October 2017, noting Council has not identified any reason that would be grounds for objection under Section 47F(2) of the Liquor Act to the application from Hamark Holdings Pty Ltd.

DECISION NO.22\0015 (12/09/17) Carried

ACTION: DARWIN SAFER CITY PROGRAM COORDINATOR NOTE: GM CITY LIFE

unconfirmed 14.2 OFFICERS REPORTS (RECEIVE & NOTE)

Nil

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/12 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/13

15. TOWN PLANNING REPORT/LETTER

15.1 Council Responses to Planning Applications - September 2017 Report No. 17CF0009 BS:hd (12/09/17) Common No. 2547669

(Cullen/Glover)

A. THAT Report Number 17CF0009 BS:hd entitled Council Responses to Planning Applications - September 2017, be received and noted.

B. THAT Council note Officers responses at Attachment A, which have been resolved by the Development Consent Authority, to Report Number 17CF0009 BS:hd entitled Council Responses to Planning Applications - September 2017.

C. THAT Council endorse Officers responses to the Development Consent Authority within Attachments B, C and D to Report Number 17CF0009 BS:hd entitled Council Responses to Planning Applications - September 2017.

D. THAT the responses for the Planning-related Applications at Attachment E to Report Number 17CF0009 BS:hd entitled Council Responses to Planning Applications - September 2017, be received and noted.

DECISION NO.22\0016 (12/09/17) Carried

ACTION: PLANNING OFFICER NOTE: GM CITY FUTURES

15.2 Signage Application - Airport Hotel Tavern, Lot 9717 (227) McMillans Road, Jingili Report No. 17CF0010 DB:hd (12/09/17) Common No. 3592050

(Palmer/Young)

A. THAT Report Number 17CF0010 DB:hd entitled Signage Application - Airport Hotel Tavern, Lot 9717 (227) McMillans Road, Jingili be received and noted.

B. THAT Council approve the application from Airport Hotel Tavern for three permanent non-illuminated advertising signs located within Lot 9717 (227) McMillans Road, Jingili, and that a Sign Permit be issued in accordance with the requirements of the Outdoor Advertising Signs Code as the proposed advertising signsunconfirmed for Airport Hotel Tavern generally complies with the intent and purpose of the Outdoor Advertising Signs Code.

DECISION NO.22\0017 (12/09/17) Carried

ACTION: TOWN PLANNER NOTE: GM CITY FUTURES

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/13 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/14

15.3 Signage Application - Helloworld Travel Darwin, Lot 2405 (63) Smith Street, Darwin City Report No. 17CF0011 BS:hd (12/09/17) Common No. 2676453

(Palmer/Haslett)

A. THAT Report Number 17CF0011 BS:hd entitled Signage Application - Helloworld Travel Darwin, Lot 2405 (63) Smith Street, Darwin City be received and noted.

B. THAT Council approve the application from Helloworld Travel Darwin for a permanent non-illuminated projecting sign located at Lot 2405 (63) Smith Street, Darwin City, and that a Sign Permit be issued in accordance with the Outdoor Advertising Signs Code.

DECISION NO.22\0018 (12/09/17) Carried

ACTION: PLANNING OFFICER NOTE: GM CITY FUTURES

16. INFORMATION ITEMS AND CORRESPONDENCE RECEIVED

Nil

17. REPORTS OF REPRESENTATIVES Common No. 1735503

(Haslett/Knox)

THAT the following Reports of Representatives be received and noted.

DECISION NO.22\19 (12/09/17) Carried

17.1 Lord Mayor - Meeting with the Chief Minister

The Lord Mayor reported on his meeting with the Chief Minister and the Minister for Infrastructure,unconfirmed Planning and Logistics on 8 September 2017. The meeting focussed on Barneson Boulevard and Frog Hollow, Darwin Waterfront, potential By-law amendments around the regulation of derelict and abandoned sites, and the Leanyer sewerage treatment ponds regarding the need for PWC to act to rectify the bad odours currently being experienced in the northern suburbs.

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/14 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/15

18. QUESTIONS BY MEMBERS

(Niblock/Cullen)

THAT the following Questions by Members be received and noted.

DECISION NO.22\0020 (12/09/17) Carried

18.1 Barneson Boulevard Common No. 2116605

Member R Want de Rowe queried, in regard to the Lord Mayor’s meeting with the Chief minister and Barneson Boulevard, what the discussions were around the re-alignment of McMinn Street?

The Lord Mayor responded and advised that it is not part of the plan for Barneson Boulevard.

Member A J Arthur further queried how the design shows that the Barneson Boulevard development will not affect the Frog Hollow park?

The Lord Mayor advised that Barneson Boulevard will be constructed on a parcel of land zoned for the purpose of a major road.

18.2 Abandoned Vehicle at Malak Shopping Centre Common No. 3650502

Member G J Haslett queried, regarding an abandoned vehicle at Malak Shopping Centre, whether the vehicle can be moved before the market on Saturday?

The General Manager City Life responded and advised that this would be followed up.

18.3 Permitted Drinking Area Signage Common No. 1544043

Member R M Knox queried, regarding the alcohol permitted drinking area signage, when it will be erected? Have the police been enacting council’s decision at Vestey’s Beach?

The General Manager City Life responded and advised that the signage will be installed from Monday, 18unconfirmed September 2017. Police have been working on an ongoing basis with stakeholders to manage drinking at Vestey’s Beach. This will alter when it becomes an alcohol-free area.

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/15 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/16

19. GENERAL BUSINESS

19.1 Barneson Boulevard Briefing Common No. 2116605

(Want de Rowe/Knox)

THAT Council receive an open briefing from the Northern Territory Government regarding Barneson Boulevard.

DECISION NO.22\0021 (12/09/17) Carried

ACTION: EXEC MGR NOTE: CA

20. DATE, TIME AND PLACE OF NEXT ORDINARY COUNCIL MEETING Common No. 2695130

(Haslett/Lord Mayor)

THAT the next Ordinary Meeting of Council be held on Tuesday, 26 September 2017, at 5:30pm (Open Section followed by the Confidential Section), Council Chambers, 1st Floor, Civic Centre, Harry Chan Avenue, Darwin.

DECISION NO.22\0022 (12/09/17) Carried

21. CLOSURE OF MEETING TO THE PUBLIC Common No. 2695131

(Glover/Haslett)

DECISION NO.22\0023 (12/09/17) Carried

unconfirmed 22. ADJOURNMENT OF MEETING AND MEDIA LIAISON Common No. 2695132

(Want de Rowe/Palmer)

THAT the meeting be adjourned at 6.36pm for 10 minutes to enable the Media to liaise with the Lord Mayor.

DECISION NO.22\0024 (12/09/17) Carried

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/16 Reports, recommendations and supporting documentation can be accessed via the City of Darwin Council Website at www.darwin.nt.gov.au, at Council Public Libraries or contact the Committee Administrator on (08) 8930 0670.

FIRST ORDINARY COUNCIL MEETING – OPEN SECTION TUESDAY, 12 SEPTEMBER 2017 ORD09/17

The meeting moved to the Confidential Section at 6.46pm.

THE RIGHT WORSHIPFUL, LORD MAYOR, KON VATSKALIS (CHAIR) –1ST ORDINARY COUNCIL MEETING – TUESDAY, 12 SEPTEMBER 2017

Confirmed On: Tuesday, 26 September 2017

Chair:

unconfirmed

First Meeting of the Twenty-Second Council Tuesday, 12 September 2017 ORD09/17