MAITLAND CITY COUNCIL
ORDINARY MEETING AGENDA
26 SEPTEMBER, 2006
ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
TABLE OF CONTENTS
ITEM SUBJECT PAGE NO
1 INVOCATION...... 1
2 APOLOGIES ...... 1
3 DECLARATIONS OF PECUNIARY INTEREST ...... 1
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING...... 1
5 BUSINESS ARISING FROM MINUTES...... 1
6 MAYORAL MINUTE...... 1
7 PUBLIC ACCESS ...... 1
8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS ...... 1
9 OFFICERS REPORTS ...... 2
9.1 GENERAL MANAGER...... 2
9.2 PLANNING AND REGULATION ...... 3
9.2.1 DA 06-573 COMMUNITY FACILITY LOT 1 DP882707, 33 JOHN STREET, TELARAH RECOMMENDATION: APPROVAL ...... 3
9.2.2 DA05-3552 TWO LOT SUBDIVISION LOT 84 DP 251740, GOLDINGHAM STREET, TENAMBIT. RECOMMENDATION: APPROVAL ...... 29
9.2.3 DA 05-1438 SECTION 96 AMENDMENT TO MEDIUM DENSITY DEVELOPMENT LOT 185 DP 243854, 22 NATHAN CLOSE, METFORD RECOMMENDATION: APPROVAL OF AMENDED LOCATION OF UNIT 2, REFUSAL OF PROPOSAL TO DELETE CONSENT CONDITION NUMBER 14 ...... 42
9.2.4 LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993...... 52
9.2.5 HOUSEHOLD CHEMICAL CLEANOUT...... 75
9.2.6 TRANSPACIFIC RESOURCE RECOVERY AND RECYCLING FACILITY UPDATE ...... 77
Page (i) ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.2.7 PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 – REZONING OF PART LOT 1 DP818076,BOLWARRA ROAD, BOLWARRA AND PART LOT 1 DP 590801, VICTORIA ROAD, BOLWARRA ...... 79
9.2.8 MEMORANDUM OF UNDERSTANDING BETWEEN HUNTER COUNCILS (ON BEHALF OF MEMBER COUNCILS) AND HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY...... 90
9.3 ASSETS ...... 103
9.3.1 FREEDOM OF ENTRY CEREMONY - HIGH STREET MAITLAND - TEMPORARY ROAD CLOSURES...... 103
9.3.2 MAITLAND TRIATHLON 2006 - TEMPORARY ROAD CLOSURES...... 112
9.3.3 RECLAIM THE NIGHT FESTIVAL 2006 - TEMPORARY ROAD CLOSURE...... 121
9.4 FINANCE AND ADMINISTRATION...... 127
9.4.1 STATEMENT OF INVESTMENTS AS AT 31 AUGUST 2006 ...127
9.4.2 RATING OF PRESCHOOLS ...... 131
9.4.3 DISCLOSURE OF INTEREST RETURNS ...... 134
9.4.4 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS...... 135
9.4.5 AFFIXING OF COMMON SEAL ...... 148
10 ITEMS FOR INFORMATION...... 149
10.1 CORRESPONDENCE ANALYSIS...... 149
10.2 MONTHLY FINANCIAL REPORT - AUGUST 2006 ...... 151
10.3 BROCHURE - LOBBYING LOCAL GOVERNMENT COUNCILLORS ...... 154
10.4 HUNTER COUNCILS INC...... 158
10.5 KEY PERFORMANCE INDICATORS – AUGUST 2006...... 170
11 NOTICE OF MOTION/RESCISSION...... 184
11.1 COUNCIL PROPERTY NOTICE OF MOTION SUBMITTED BY CLR TONY KEATING ...... 184
Page (ii) ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
11.2 REDUCTION IN GREENHOUSE EMISSIONS NOTICE OF MOTION SUBMITTED BY CLR WENDY WHITE ...... 186
12 QUESTIONS WITHOUT NOTICE ...... 188
13 URGENT BUSINESS ...... 188
14 COMMITTEE OF THE WHOLE...... 189
14.1 ROAD WIDENING, ABERGLASSLYN ROAD...... 189
14.2 LAND AND ENVIRONMENT COURT APPEAL - RANCH RIDING CLUB ...... 190
14.3 ACQUISITION OF PRIVATE LAND BY COUNCIL ...... 191
14.4 PLANT REPLACEMENT ...... 192
15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE ...193
16 CLOSURE...... 193
Page (iii) ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
PRESENT
1 INVOCATION
2 APOLOGIES
3 DECLARATIONS OF PECUNIARY INTEREST
4 CONFIRMATION OF MINUTES OF PREVIOUS MEETING
• The minutes of the Ordinary Meeting of Council held 12 September 2006 be confirmed.
5 BUSINESS ARISING FROM MINUTES
6 MAYORAL MINUTE
7 PUBLIC ACCESS
8 WITHDRAWAL OF ITEMS AND ACCEPTANCE OF LATE ITEMS OF BUSINESS
Page 1 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9 OFFICERS REPORTS
9.1 GENERAL MANAGER
No reports
Page 2 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.2 PLANNING AND REGULATION
9.2.1 DA 06-573 COMMUNITY FACILITY LOT 1 DP882707, 33 JOHN STREET, TELARAH RECOMMENDATION: APPROVAL
File No: DA 06-573 Attachment (1): Locality Plan
Responsible Officer: David Simm Manager Development & Environment Author: Terrance Stafford Trainee Town Planner Applicant: GWH Building Pty Ltd Proposal: Community Facility Location: Lot 1 DP882707, 33 John Street, Telarah Zone: 4(b) Light Industrial
EXECUTIVE SUMMARY Development consent is sought from Council for a ‘Community Facility’ at the Mai- Wel Industries Site, Lot 1 DP882707, 33 John Street, Telarah. The subject land is zoned 4(b) Light Industrial under the Maitland Local Environmental Plan, 1993.
A ‘Community Facility’ is a permissible form of development in the 4(b) Light Industrial Zone with Council consent and is not inconsistent with the objectives of the zone.
The proposal includes a ‘Timesavers Area’ (workshop) and a ‘Community Programs’ area. Both of these will provide various forms of ‘life-skills’ training for under privileged children.
The application was placed on public exhibition for a period of fourteen (14) days from 16th March 2006 to 30th March 2006. As a result of the notification process Council received one (1) submission which raised issues relating to noise, traffic, visual impact and the siting of the proposed building. All issues have been addressed in the report and are considered acceptable.
OFFICER'S RECOMMENDATION THAT DA 06-573 for a Community Facility on Lot 1, DP882707, 33 John Street, Telarah be approved, subject to the conditions of consent set out in the attached schedule.
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DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont) BACKGROUND The Mai-Wel Group formed in 1960 due to a lack of recognition for the needs of children with disabilities. The Mai-Wel group aim to provide education and opportunities for people with a disability. The Mai-Wel group is currently QA accredited for disability services which will ensure the ongoing funding for business services and open employment.
The application site was purchased from the Greta Army Camp prior to 1960.
PROPOSAL The subject application seeks approval for a ‘Community Facility’ on Lots 1 and 2, 33 John Street, Telarah. The proposal is to be run by the Mai-Wel Group who provide support and training for people with disabilities.
The application site is located within close proximity to necessary infrastructure including transport and retail facilities. The site is located one block south of the New England Highway which is directly accessible from John Street.
The application site has 2(a) residential allotments directly to the north with other 4(b) Light Industrial allotments to the east across John Street and the railway line. To the direct west of the development there lies other allotments owned by Mai-Wel group which share the 4(b) light industrial zoning. The adjoining allotments to the west contain existing developments of a similar size, scale and character, all of which are utilised for training people with disabilities. The western adjoining lot 4 DP882707, 115a South Street, Telarah, contains a hostel, workshops, a timber storage shed and administration offices all related to the Mai-Wel group.
The proposal contains a ‘Timesavers Area’ (workshop) with a gross floor area of 421.4m2 and a ‘Community Programs’ area with a gross floor area of 562.6m2, giving a total gross floor area of 984m2. The proposal contains numerous features including; • 4 Training rooms • Kitchen/training room (8.3m x 6.8m or 56.44m2) • Reception Area • 4 Staff Rooms • 1 Interview room • 1 staff toilet (Male and Female separate) • 2 other toilets, including disabled facilities (Male and Female separate) • 11 Parking spaces, and • Bus set down/pick up bay.
The ‘Timesavers Area’ is proposed to provide various forms of ‘life-skills’ training for under privileged children.
The subject development is to be of a reinforced concrete panel construction with a steel framed and clad roof. The ridge line of the proposed building will have a maximum height of 6.85m.
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DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont) The proposal is to be of a ‘paperbark’ colour as detailed in the applicants colour schedule.
PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Local Environmental Plan The subject land is zoned 4(b) Light Industrial under the Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Community Facility” which is a permissible land use in the 4(b) Light Industrial zone with Council consent. The proposal is considered to be consistent with the zone objectives, as follows.
Zone 4(b) Light Industrial a) To set aside certain land for the purpose of light industry within convenient distances of the urban centres of the City. b) To allow commercial and retail development for: i) uses ancillary to the main use of land within the zone; ii) the display and sale of bulky goods; and iii) the day-today needs of the occupants and employees of the surrounding industrial area. c) To ensure that industrial development creates areas which are pleasant to work in and safe and efficient in terms of transportation, land utilisation and services distribution.
Regional Environmental Plan The proposal is consistent with the aims and objectives of the Hunter Regional Environmental Plan in that it provides social and economic benefit to the community by providing an optimum use of the land resources available.
The proposal is also broadly consistent with the Industrial Development Clause 15 objectives in that the application promotes employment in secondary industry in a manner compatible with the distribution of the population.
The proposal is also broadly consistent with the ‘Urban Land’ Clause 29 objectives in that the application provides access to employment and community facilities.
State Environmental Planning Policies There is no State Environmental Planning Policy relevant to this application.
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DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont) Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition There are no draft environmental planning instruments relevant to this application. Section 79C(1)(a)(iii) any development control plan Maitland City Wide Development Control Plan Chapter ‘Car Parking Requirements’ The purpose of this chapter of the MCWDCP is to enable the provision of parking and service delivery facilities in association with all relevant development proposals within Maitland.
The subject application was divided into two land use types to calculate car parking requirements, these were industrial, being 1 space per 75m2 and Business premises, being 1 space per 40m2, giving a total parking requirement of 20 spaces. However, due to the application providing services for numerous people with disabilities not requiring to drive to the subject development, this figure was reduced with the provision of a drop off/pick up facility.
The reduced car parking requirements was calculated at a number of 11 spaces. The breakdown of this requirement being 6 spaces for the ‘Timesavers area’ (421.4m2 / 75 = 5.62) and 5 spaces to cater for staffing numbers. No additional staff members are to be employed with this development as they will be moving across from the adjoining Mai-Wel facilities.
Although not consistent with this chapter of the MCWDCP, given the nature of the facility the eleven (11) spaces proposed is considered acceptable.
Maitland City Wide Development Control Plan Chapter ‘Advertising/Notification of Development Applications’ The subject application was advertised in accordance with Council’s Advertising chapter of the MCWDCP, due to the fact that the application is for a non-residential use adjacent to a residential zone. The application was notified for a period of Fourteen (14) days from 16th March 2006 until 30th March 2006.
Maitland City Wide Development Control Plan Chapter ‘Industrial Development Code’ The proposal is broadly consistent with the objectives of this chapter of the MCWDCP in that this application does not propose an unreasonable level of development with significant impacts on residential areas and broadly improves the character and appearance of the industrial site.
The subject application is consistent with Part III – Development Standards. The application proposes colour treated concrete walls which are sympathetic with the surrounding residential environment and the development is cut into the site to reduce the bulk of the development from the adjoining residential developments. The application also proposes adequate landscaping within the front and side setbacks to reduce the visual effects from the John Street streetscape.
In addition, all windows, doors and other openings have been arranged to minimise noise impacts on surrounding residences. The only openings on the northern side of
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DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont) the proposed development relate to fire doors and shall not create any significant noise or privacy impacts on adjoining residential dwellings.
For these reasons the application is considered acceptable under this chapter of the MCWDCP.
Maitland City Wide Development Control Plan Chapter ‘Design Guidelines for Accessible Living’ The application is broadly consistent with the objectives of this chapter of the MCWDCP as it provides an enhanced level of service for people with disabilities.
The development is proposed to be constructed with no raised areas impeding entrance for disabled persons. The main entrance door is at grade with the proposed car parking facilities. All door widths and access ways are proposed to be compliant with AS1428.2 Enhanced Requirements.
Door openings to restrooms are above the AS1428.2 requirement at 900mm and the restrooms are easily accessible from the main entry point of the proposed development.
Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph)
Not applicable.
Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality Context and setting The application site is a vacant lot, located within close proximity to residential dwellings and other 4(b) light industrial allotments. To the west of the application site there are existing developments consistent with the proposed development. To the north of the application site there are residential dwellings which form part of an existing and well established residential subdivision. The residential dwellings have been considered adequately within the proposal’s design and no window or openings are proposed in the general direction of the adjoining residential allotments.
Access Transport and Traffic The application site is located within an established light industrial precinct and there is currently existing physical infrastructure present, with regard to road networks. The existing road network provides appropriate access to the application site and is capable of accommodating all associated transport and traffic associated with this development.
The parking on the application site is provided in the way of 11 spaces, 3 of these are disabled spaces and are provided within close proximity to the reception entrance of the development. Although the total parking provision is under the requirements as set out in the Car Parking guidelines it is considered acceptable given the nature of the proposal. The proposal also includes a pick up/drop off area to cater for the
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DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont) volume of patrons unable to drive to the application site due to disabilities. Vehicles will be able to enter the subject site from the proposed John Street entrance and also the existing South Street entrance, therefore enabling visitors to enter and exit in a forward direction.
In this context, the application proposal is acceptable within the location and should not create any adverse impacts on the local or wider road network. The proposal is also located within one kilometre of the Telarah train station.
Public Domain Appropriate pedestrian linkages are already provided through the surrounding residential area. The subject site is located within close proximity to residential dwellings, public transport services and linkages and retail facilities. It is considered that the application would not have any adverse effects on the continued or future provision of public spaces or recreational facilities in the surrounding neighbourhood.
Utilities The necessary physical infrastructure, such as water, sewer, electricity and gas are capable of connection on the subject site. In this regard, it is considered that no adverse effects would emerge as a result of this application.
Heritage The subject site is not identified as a heritage item, nor is it in a heritage conservation area.
Other Land Resources Development of the application site would not affect any known natural resources. It is highly unlikely, given that similar developments have successfully been completed on adjoining sites that any resources would emerge during development.
Soils Appropriate conditions can be applied to any consent that may be granted to ensure that earthworks will not have adverse impacts upon soils in terms of stability, slip or pollution. Appropriate drainage measures are proposed to ensure that all stormwater runoff is channelled appropriately and no pollution of water bodies is likely to occur. For these reasons, the proposal is considered acceptable under this assessment heading.
Air & Microclimate The development shall not create any significant adverse effects, activities occurring on site will not be ‘offensive’ in nature and therefore the proposal is considered acceptable under this assessment heading.
Flora and Fauna There are no known issues in terms of habitat, flora, fauna, wildlife corridors, threatened species or critical habitats in respect of the application site. For these reasons the proposed development is considered acceptable under this assessment heading.
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DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont) Waste Waste generated from the subject development will be minimal and will consist of general waste paper and cardboard packaging with no offensive or hazardous wastes generated. Waste cardboard and paper is to be recycled by a commercial contractor. It is considered that no significant adverse effects shall result from the proposed development, therefore the proposal is considered acceptable under this assessment heading.
Energy N/A
Noise and Vibration The proposal shall not generate any significant noise impacts in terms of operation. Operational noise related to mechanical and training equipment utilised within the proposed development will be minimal in effects and is not anticipated to generate any significant noise or vibration impacts.
Noise will be associated with the construction of the development but these shall be temporary in nature and appropriate conditions will be attached to any DA approval to restrict hours of construction in order to maintain the residential amenity in the adjoining properties. For these reasons the proposed development is considered acceptable under this assessment heading.
Safety, Security and Crime Prevention The proposed development is of a fairly typical design, seen throughout the Maitland Local Government Area in other light industrial and industrial developments. Fencing is provided to the application sites east in the way of a 1.8m high chain wire fence and existing fences are in place to the application sites north and west. For these reasons the proposal is considered acceptable under this assessment heading.
Social Impact in the locality The development will continue the extension of the Mai-Wel facilities and provide further services to the community. The application is not anticipated to have any adverse significant effects on the surrounding industrial or residential neighbourhoods.
Site design and internal design The subject development is fairly typical of recently created industrial developments throughout the Maitland LGA, in that the development consists of a single building constructed of prefabricated concrete and steel. The proposal integrates effectively with the existing light industrial development located to the west of the subject development and correlates to the existing developments through the linked access way running west to east through lots 2 and 4. Therefore the development is considered acceptable under this assessment heading.
Construction Construction of the proposed development is not likely to have any adverse impacts on the surrounding locality. All vehicles likely to access the site for construction purposes can be accommodated on site and on the existing road network, any Page 9 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont) adverse traffic issues created will only be of a temporary nature and shall not create any significant effects. All noise and construction traffic shall be controlled by appropriate conditions added to any conditions of consent if approval is received. For these reasons the proposal is considered acceptable under this assessment heading.
Section 79C(1)(c) the suitability of the site for the development The application proposal is consistent with the immediate pattern of land use. The subject site is located within close proximity to residential dwellings but this issue has been considered under the relevant headings and is considered not to create any significant adverse effects within the locality. In addition, existing social and physical infrastructure is already established, including roads, it is therefore considered that the proposal can be readily accommodated into the locality without any significant adverse impacts. Section 79C(1)(d) any submissions made in accordance with this act or the regulations
Public Submissions The development application and accompanying information were placed on public exhibition for a period of 14 days from 16 March 2006 to 30 March 2006. As a result of the notification process, one (1) submission was received and is provided as Attachment A this report.
The main issues raised by the objectors are summarised below and comment provided:
Type of Business and Training
Planner's Comment The proposed development will specialise in the ‘life skills’ education and care for individuals with disabilities, with particular attention to providing disabled persons with access to employment, living skills, job related skills and day accommodation. The proposed development shall not generate any significant adverse affects as a result of the type of business or training occurring on site.
Noise
Planner's Comment The ‘Timesavers area’ is proposed to be utilised for ‘life skills’ training and should not contain any large mechanical machinery. The hours of operation shall be limited to the hours of 8am to 4pm Monday to Friday and are considered sympathetic to the surrounding residential community. For these reasons the proposal is not considered to create any significant effects in terms of noise.
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DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont)
Traffic
Planner's Comment The subject development shall not create any significant increases in traffic within the surrounding neighbourhood. There is existing physical infrastructure, including roads which are adequately capable of carrying any vehicular movements required with the subject development. Furthermore, the construction of the proposed development will mean that vehicles can enter via South Street and exit via John Street or vice versa.
The majority of patrons utilising the proposed development are disabled and unable to drive, it is therefore considered that the subject development will not generate any large increases in traffic movement within the local or wider road networks.
Visual Impact
Planner's Comment The subject application is proposed to be completed in natural earth tones so as to minimise visual impacts. The proposal is also to be constructed at a lower height to the surrounding residential developments to the north and this shall minimise the perceived visual effect. The proposal is consistent with other light industrial buildings and is considered not to create any significant adverse effects in the way of visual impacts.
The implementation of landscaping along the site’s northern boundary shall also reduce the visual and acoustic impacts of the adjoining residential dwellings.
Siting of the new building
Planner's Comment The subject development is proposed to be at a minimum 3.27m from the adjoining residential dwellings to the north however, the development is angled away from the residential dwellings and is just over 7m away from the residential dwellings in the western corner. Landscaping shall also be included along the sites northern boundary to reduce the visual impacts from the adjoining residential dwellings.
Due to the level of the proposed development being below that of the adjoining residential dwellings the height encroachment is not considered significant. For these reasons the proposed development is not considered to have any significant impacts on the surrounding developments.
Submissions from public authorities There were no submissions received from any public authorities.
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DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont) Section 79C(1)(e) the public interest Existing social and physical infrastructure is established and it is therefore considered that the subject proposal shall have no significant adverse effects on the locality or the surrounding public.
FINANCIAL IMPLICATIONS This matter has no specific financial implications for Council.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report.
CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.
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DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont)
SCHEDULE OF CONDITIONS Schedule of Conditions DA 06-573
COMPLIANCE Reason: The following condition(s) have been applied to confirm and clarify the terms of Council’s Approval.
1 The proposed development is to be carried out strictly in accordance with the Plans No 05294 Revision 5, by Geoff Craig & Associates Pty Ltd, Dated 21/8/06 submitted with the application, and any amendments to those plans arising through conditions to this consent.
CONTRIBUTIONS/FEES
2 Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979, and the Maitland S94A Levy Contributions Plan 2006, a contribution of $4,050 shall be paid to the Council.
The above amount is to be adjusted at the time of the actual payment, in accordance with the provisions of the Maitland City Council S94A Levy Contributions Plan 2006.
The time of the above payment shall be as follows:
- Development applications involving building work - prior to release of the Construction Certificate. - Development involving both subdivision and building work (eg. integrated housing developments) - prior to the release of the Construction Certificate, or the release of the Subdivision Certificate, whichever occurs first. - Development applications where no construction certificate is required - prior to issue of an Occupation Certificate.
The above "contribution" condition has been applied to ensure that:
i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Council's adopted contributions plan prepared via the provisions of section 94 of the Environmental Planning and Assessment Act, 1979.
ii) Council's administration expenses are met with respect to the processing of the application.
HOURS OF OPERATION
3 The hours of operation shall be as follows; 8am to 4pm Monday to Friday Closed weekends.
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DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont)
AMENITY Reason The objectives of the following conditions are to ensure that a building is so designed and constructed so that it and adjoining properties are not subject to dampness and are weatherproof, provide adequate toilet and washing facilities, room sizes are adequate for the use and purpose, light ventilation is adequate for
4 There is to be no interference with the residential amenity of the area by reason of the emission of any noise, smell, smoke, vapour, fume or otherwise.
CARPARKING Reason: The following condition(s) have been applied to ensure the provision of adequate parking facilities constructed to a suitable standard commensurate with the demand likely to be generated by the proposed development.
5 The provision of on-site parking in accordance with Council's Car Parking Policy adopted 30th July, 2001. For the subject application the required car parking has been assessed at a minimum of Eleven (11) spaces.
6 All driveways, parking areas and vehicular turning areas are to be constructed of bitumen sealed gravel pavement or a higher standard.
7 All parking and loading/unloading bays, truck docks, driveways and turning areas are to be maintained clear of obstructions and under no circumstances are to be used for the storage of goods or waste materials.
8 All parking and drop off / pick up bays shall be permanently marked out on the pavement surface, with drop off / pick up bays being clearly indicated by means of appropriate signage.
LANDSCAPING Reason: The following condition(s) have been applied to ensure that adequate provision is made for the landscaping of the site in association with the proposed development, to enhance the external appearance of the development, and to ensure that existing and proposed landscaped areas are appropriately maintained.
9 The landscaped area of the development is to be maintained at all times in accordance with the approved landscape plans.
10 Prior to issue of the Construction Certificate an amended Landscaping Plan shall be submitted to Council. This Landscaping Plan shall provide additional landscaping along the subject sites northern boundary.
11 The proposed required landscaped areas are to be kept free of parked vehicles, stored goods, garbage or waste material and are to be permanently maintained.
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DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont) VEHICLE ACCESS
12 Prior to issue of the Construction Certificate, driveway profiles that comply with Council’s standard drawings SD009 & SD011, (based on examples SD062 & SD063), being compatible with the site’s drainage system, shall be approved by the Principal Certifying Authority. The driveway widths are to be sized to accommodate the turning paths of heavy vehicles entering and leaving the site from John Street.
13 Prior to construction of the heavy duty driveway crossing on the public footway verge, an application form – “Application To Construct Private Works On Footway” – shall be submitted to and be approved by Council, together with the appropriate fee.
14 Prior to issue of the Occupation Certificate the heavy duty driveway(s), from the road pavement to the internal driveway area shall be constructed, in accordance with Council’s standard drawings SD005, SD006, SD009, SD010, SD011 & SD014, with reference to Council’s information document “Footway Crossings (Driveways)”.
STORMWATER DRAINAGE
15 Prior to issue of the Construction Certificate, a detailed stormwater drainage plan, providing On-Site Detention (OSD) of stormwater, and designed in accordance with Council’s Manual Of Engineering Standards, shall be approved by the Principle Certifying Authority. The design shall be based on the concept plan number 05294 dated 22.08.06, as amended in red colour.
16 Prior to issue of the Occupation Certificate, the stormwater system(s) shall be constructed in accordance with the approved plans. Any variation to the works shall be approved by the designer, and a copy of Work-As- Executed drawings shall be submitted to Council with the certificate.
SITE MANAGEMENT
17 Stormwater runoff from unsealed driveway and storage areas is to be collected and conveyed from the site through a suitable silt arrestor system incorporated into the site’s drainage system. A sediment control management plan must be submitted to Council for reference, and site controls must be established in accordance.
GENERAL PROVISIONS Reason: The objectives of the following conditions is to draw to the attention of the applicant and owner their responsibilities to comply with various provisions of the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulations, 2000, Local Government Act 1993; Regulations; Building Code of Australia and Local Policies relating to building construction and maintenance.
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DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont)
18 It is the Applicants responsibility to ensure compliance with the requirements of the Disability Discrimination Act, 1992 (DDA). Note: Compliance with the Building Code of Australia does not necessarily meet the requirements of the DDA.
19 A Construction Certificate is to be obtained prior to commencing construction works. The construction certificate application is to include detailed plans and specifications for the construction of the building/structure.
20 All building work must be carried out in accordance with the provisions of the Building Code of Australia.
21 The building shall be set out by a registered surveyor. A Survey Certificate shall be submitted indicating the location of the footprint of the building relative to the boundaries of the lot and where applicable other buildings.
22 The development or any portion of the development shall not be used or occupied until an “Occupation Certificate Application” has been received and determined by Council and an Occupation or Interim Occupation Certificate has been issued. Occupation certificate applications must be accompanied by the required fee and all associated information and certifications. To ensure occupation or use of the development can occur in a timely fashion, the occupation certificate application should be submitted at the same time as the final inspection is being requested.
23 Upon completion of the building BUT prior to its occupation, a Final Fire Safety Certificate with respect to each critical and essential fire safety measure installed in the building is to be provided. Such certificate(s) are to be in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.
24 At least once in each twelve (12) month period, fire safety statements in respect of each required essential fire safety measure installed within the building are to be submitted to Council. Such certificates are to state that: a) The service has been inspected and tested by a person (chosen by the owner of the building) who is competent to carry out such inspection and test; and b) That the service was or was not (as at the date on which it was inspected and tested) found to be capable of operating to a standard not less than that specified in the fire safety schedule for the building). Such statements are to be in accordance with Division 5 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.
25 Copy of the approved plans and specifications and consent shall be kept on the site at all times during construction.
26 The applicant is required to submit to Council Notice of Commencement at least two (2) days prior to the commencement of construction works.
Page 16 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont) 27 The applicant is required to submit to Council Notice of Appointment of the Principal Certifying Authority at least two (2) days prior to the commencement of construction works.
28 Unless otherwise approved by Council in writing; all building work associated with this approval shall be carried out between 7.00am and 6.00pm Monday to Fridays and 7.00am to 5.00pm on Saturdays with no work permitted on Sundays or Public Holidays that may cause offensive noise.
SERVICES & EQUIPMENT Reason: The objectives of the following conditions are to ensure that adequate inbuilt and external fire protection services are provided to restrict fire growth, facilitate fire safety, prevent fire spreading to adjoining buildings or allotments, to enable safe evacuation of occupants before the environment becomes untenable, to provide services that facilitate safe egress in the event of power failure, to provide early warning and/or initiate automatic counter measures and to provide for on-going maintenance of all active services.
29 A copy of the fire safety schedule and fire safety certificate is to be prominently displayed in the building in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation 2000.
30 A copy of the fire safety schedule and fire safety certificate is to be given to the Commissioner of New South Wales Fire Brigades in accordance with Division 4 of Part 9 of the Environmental Planning and Assessment Regulation, 2000.
ACCESS & EGRESS Reason: The objectives of the following conditions are to ensure that a building is designed and constructed to provide adequate means of escape in the case of fire or other emergency, exits are constructed to provide safe passage from a building and to provide reasonable provision to facilitate access and circulation by people with disabilities.
31 Access for disabled persons must be provided in accordance with DP1, DP2, and DP8 of the Building Code of Australia. Compliance with Part D3 of the Building Code of Australia satisfies this requirement. All elements are to meet the requirements of Australian Standard AS1428.1 "Design for Access & Mobility".
SITE CONSIDERATIONS Reason: The objectives of the following conditions is to provide for a safe and healthy environment for the occupants of the allotment and to maintain an adequate level of safety and cleanliness for the local environment.
32 All excavated and/or filled areas are to be retained or battered and suitably drained so as to prevent any subsidence of the area and constructed so as to deny any flow of water into or around the building or neighbouring buildings or onto neighbouring land.
Where a retaining wall is planned for this purpose and such wall exceeds 1.0m in height at any point from finished ground level, plans and specifications of the
Page 17 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont) construction SHALL BE APPROVED BY COUNCIL BEFORE WORKS COMMENCE. Plans and specifications of retaining walls greater than 1.0m in height MUST BE CERTIFIED BY A PRACTICING PROFESSIONAL ENGINEER. Note: The submission of a separate Development Application is not required for a retaining wall associated with this approval and indicated on the approved plans.
33 All building refuse on this building site shall be stored in such a manner so as not to cause a nuisance to adjoining properties.
34 If an excavation extends below the level of the base of the footings of a building/structure on an adjoining allotment of land, the person causing the excavation to be made.
i) Must preserve and protect the building/structure from damage, and
ii) If necessary, must underpin and support the building/structure in an approved manner, and
iii) Must, at least 7 days before excavating below the level of the base of the footings of a building/structure on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building/structure being erected or demolished.
The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this condition, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. (Includes a public road and any other public place).
35 A sign must be erected in a prominent position on the work:
(i) stating that unauthorised entry to work site is prohibited, and
(ii) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted during work hours. Any such sign is to be removed when the work has been completed.
This condition does not apply to:
(i) building work carried out inside an existing building, or
(ii) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.
36 Approved toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. The
Page 18 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont) provision of toilet facilities in accordance with this Clause must be completed before any other work is commenced.
37 The site is to be cleared of all building refuse and spoil immediately after completion of the building/structure.
38 No building materials, refuse or spoil is to be deposited on or be allowed to remain on Council's footpath.
39 Suitable and adequate measures are to be applied to restrict public access to the site and building works, materials and equipment.
40 The applicant is required to notify Council in writing prior to commencing building operations, of any existing damage to kerbing and guttering and/or footpath paving the absence of such notification shall signify that no damage exists and that the applicant will be liable for the cost of the reinstatement of any damage to kerbing and guttering or footpath paving which may be necessary after completion of the building operation.
41 Rubbish generated from the development is to be suitably contained on site at all times. No rubbish shall be stockpiled in a manner which facilitates the rubbish to be blown off site.
ADVERTISING Reason: The following condition(s) have been applied to ensure the provision of signage which is complimentary in scale and form with the built environment and the streetscape as a whole and is effective in promoting various land uses within the city.
42 Advertising signs are subject to a separate sign application, which is to be submitted to Council for approval prior to erection or placement.
Page 19 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont)
Officers Reports
DA 06-573 COMMUNITY FACILITY LOT 1 DP882707, 33 JOHN STREET, TELARAH
Locality Plan
Meeting Date: 26 September 2006
Attachment No : 1
Number of Pages : 1
Page 20 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont)
Page 21 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont)
Officers Reports
DA 06-573 COMMUNITY FACILITY LOT 1 DP882707, 33 JOHN STREET, TELARAH
Development Plans
Meeting Date: 26 September 2006
Attachment No : 2
Number of Pages : 3
Page 22 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont)
Page 23 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont)
Page 24 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont)
Page 25 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont)
Officers Reports
DA 06-573 COMMUNITY FACILITY LOT 1 DP882707, 33 JOHN STREET, TELARAH
Submission
Meeting Date: 26 September 2006
Attachment No : 3
Number of Pages : 2
Page 26 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont)
Page 27 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 06-573 Community Facility Lot 1 DP882707, 33 John Street, Telarah (Cont)
Page 28 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.2.2 DA05-3552 TWO LOT SUBDIVISION LOT 84 DP 251740, GOLDINGHAM STREET, TENAMBIT. RECOMMENDATION: APPROVAL
File No: DA05-3552 Attachments (3): Locality Plan Development Plan Distance to Commercial Precincts
Responsible Officer: David Simm Manager Development and Environment Author: Maryanne Raines Town Planner Applicant: ACM Landmark Proposal: Subdivision - Two Lots Location: Goldingham Street, Tenambit. Zone: 3(a) General Business
EXECUTIVE SUMMARY Development consent is sought from Council for a two (2) Lot Residential Subdivision at Goldingham Street, Tenambit. The subject land is zoned 3 (a) General Business under the Maitland Local Environmental Plan, 1993.
Subdivision is a permissible form of development in the 3(a) General Business Zone with Council consent. The application is before Council for determination as the subdivision is solely for a residential purpose which is not consistent with the intent of the 3 (a) General Business Zone.
The 3(a) land is considered to be surplus to the needs of the community for a neighbourhood shopping centre due to the close proximity of other convenience shopping facilities at Tenambit and Morpeth. This is evidenced by the fact the site has not been developed for a commercial purpose since its zoning to 3(a) General Business in the 1980’s
OFFICER'S RECOMMENDATION THAT:
1. Development Application DA05-3552 for a two (2) lot subdivision on Lot 84, DP 251740, Goldingham Street, Tenambit be approved, subject to the conditions of consent set out in the attached schedule.
2. The subject land be listed for consideration for rezoning to Residential in the review of the City Wide Local Environmental Plan.
Page 29 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
05-3552 Two Lot subdivision 84 251740 Goldingham Street, Tenambit. (Cont) REPORT This report has been presented to Council as the proposed subdivision is for a residential purpose which is not consistent with the intent of the 3 (a) General Business Zone.
INTRODUCTION The site is located on the northern side of the intersection of Goldingham Street and Blackley Avenue, Tenambit. The subdivision has frontage to Blackley Avenue on the west and Goldingham Street on the east. The land is of an irregular shape (roughly triangular) and has an area of 1,819 square metres. Presently the site is vacant and is predominantly cleared of significant vegetation.
BACKGROUND In the past Council has approved shops and flats via consent notice 28/89 on the 13th February 1990 and a small neighbourhood business centre via consent notice 123/82 on the 4th August 1982. To date the land has not been developed.
PROPOSAL Development consent is sought for the subdivision of Lot 84 DP 251740 into two (2) Torrens title allotments. The proposed allotment sizes are as follows:
Lot 1 – 817.4 sq metres Lot 2 – 1,002.2 sq metres
It is intended the proposed allotments shall be utilised for residential dwellings in the future.
PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Local Environmental Plan The subject land is zoned 3(a) General Business under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Subdivision” which is permissible in the zone with Council consent. As the subdivision is for the purpose of residential dwellings the proposal is considered to be inconsistent with objectives a) and b) of the zone. The zone objectives are as follows: a) To provide opportunities for the development of commercial uses which do not reduce the commercial viability of the core retail areas of the City. b) To ensure that the size and function of both retail and commercial facilities are established in accordance with Councils preferred hierarchy of commercial centres for the city.
Page 30 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
05-3552 Two Lot subdivision 84 251740 Goldingham Street, Tenambit. (Cont) In considering the application and its consistency with the zone objectives the following matters should be taken into account: • Subdivision of the land is permissible in the 3(a) General Business zone with consent of Council. • A dwelling house is permissible within the 3(a) zone with the consent of council. • Although development consent has been granted upon two occasions (1982 and 1990) for small scale commercial development on the land there has been no commencements of either of these two consents. • The land was zoned for commercial purpose in conjunction with the Raworth residential release area in 1980 as it was considered at this time that a small neighbourhood shopping centre, centrally located, would be a longer term, desirable outcome for the community. It has become evident however that there is insufficient demand for a small shopping precinct in this location due to the close proximity of other convenience centres being predominantly Tenambit shopping centre and to a lesser extent Morpeth. • The subdivision of the land would make it increasingly difficult to develop the land as a neighbourhood centre as it potentially fragments the ownership of the 3(a) land and makes provision of carparking and service delivery areas difficult to achieve on reduced lot sizes. • It is appropriate that the Council lists the subject land for rezoning to Residential 2(a) under the Local City Wide Local Environmental Plan review. • Rezoning of the land to residential would not necessarily preclude its development for a small scale shopping facility as a “convenience store” subject to the merits of the particular circumstance.
It is noted in the event a commercial venture is undertaken upon the site the development would be constrained by the following factors:
1. Size of the site (1819m2), 2. Irregular shape of the allotment 3. Required onsite car parking to service a commercial entity, 4. Proximity of existing commercial precincts and 5. The surrounding residential development.
The site is a residue allotment from a previous subdivision. The allotment and zoning are an anomaly and it is questionable if a commercial venture would be successful upon the site due to the size and proximity to other commercial sites.
Present zoning does not prohibit residential development nor does the proposed subdivision prevent the site from being developed in the future for a commercial purpose as the developer is not seeking to rezone the site.
It is considered sufficient commercial land is available to service the suburb of Tenambit and the constraints of the subject land may not attract a commercial use to be undertaken from the subject location therefore it is considered acceptable for the subdivision as proposed to proceed.
Page 31 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
05-3552 Two Lot subdivision 84 251740 Goldingham Street, Tenambit. (Cont) Regional Environmental Plan
The development is consistent with the Hunter Regional Environmental Plan in that the proposal is providing additional residential land in a location which is suitable for residential development.
State Environmental Planning Policies Not relevant. Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition Not relevant Section 79C(1)(a)(iii) any development control plan The Maitland City Wide Development Control Plan Chapter Subdivision relates to the subject site and identifies standards for the subdivision of land. The proposed allotments comply with the objectives of the relevant chapter and are well orientated to allow future dwellings to achieve suitable solar access, private open space and suitable drying areas. The proposed lot sizes exceed the identified minimum standard of 450 square metres per allotment.
Access to the subdivision is proposed through the existing road reserve. Traffic generated by the development shall be minimal. Additional allotments can be readily served through minor extensions of existing services such as sewer, water, electricity etc. All services including sewer, water, natural gas, telecommunications and electricity are readily available.
As the site is surrounded by residential development it is considered the subdivision of the primary allotment for future residential dwellings is consistent with the surrounding pattern of landuse.
The development is consistent with the Maitland City Wide Development Control Plan, Chapter Raworth, which relates to the development of the subject site and surrounding land.
Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not relevant Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.
The development shall have minimal impact upon the surrounding environment as the development is for the subdivision of an existing lot into two (2) allotments. It is considered the development is consistent with the surrounding residential environment. The required services already exist within the immediate location
Page 32 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
05-3552 Two Lot subdivision 84 251740 Goldingham Street, Tenambit. (Cont) therefore there shall be a minimal impact upon existing infrastructure within the locality. Section 79C(1)(c) the suitability of the site for the development
The subject land has been vacant for an extended period of time. The land has a gentle fall which lends itself to residential construction. The surrounding environment is predominately residential therefore it is considered a residential subdivision upon the subject site is consistent with the surrounding development.
Section 79C(1)(d) any submissions made in accordance with this act or the regulations The development application was required to be advertised and notified under the provisions of Council’s Development Control Plan No. 37 – Advertising/Notification of Development Applications or the Environmental Planning and Assessment Act 1979.
Public Submissions
The development application and accompanying information were placed on public exhibition for a period of 14 days from 10th November 2005 to 24th November 2005. No objections were received in relation to the proposed development.
Section 79C(1)(e) the public interest The provision of residential land will accommodate an increase in population within the vicinity that will support the long-term future of other commercial precincts within the locality.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council’s adopted budget or forward estimates. As a result of the proposed development contributions will be required in accordance with Section 94 of the Act.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report
CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the development application is recommended for approval.
Page 33 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
05-3552 Two Lot subdivision 84 251740 Goldingham Street, Tenambit. (Cont)
SCHEDULE OF CONDITIONS APPROVED PLANS AND DOCUMENTATION
1 The proposed subdivision shall be carried out in accordance with the stamped approved plans and documentation and any amendments those plans arising through conditions to the consent.
CERTIFICATES
2 Prior to issue of the Subdivision Certificate, a certificate under Section 50 of the Hunter Water Act shall be obtained and submitted to Council.
FEES
3 Prior to issue of the Subdivision Certificate, an original plan of survey (unless electronic lodgement is proposed), and one copy, shall be submitted to Council, together with the applicable “endorsement fee” current at the date of issue.
4 Prior to issue of the Subdivision Certificate, the applicable house number allocation fee current at the date of issue shall be paid to Council.
5 Pursuant to Section 80A(1) of the Environmental Planning and Assessment Act 1979, and the Maitland S94 Contributions Plan (City Wide) 2006, a contribution of $8,844 shall be paid to the Council.
The contribution is calculated from Council's adopted Section 94 Contributions Plan in the following manner:
lots Total Local Rec & Open Space (2006-CW) 1 x $1,218 $1,218 District Rec & Open Space (06-CW) 1 x $948 $948 Citywide Road & Traffic Works (06-CW) 1 x $3,970 $3,970 Cultural Services (2006-CW) 1 x $734 $734 Community Services (2006-CW) 1 x $1,688 $1,688 Citywide Cycleways (2006-CW) 1 x $155 $155 Management/Admin Citywide (06-CW) 1 x $131 $131 ______$8,844 $8,844
The above amount is to be adjusted at the time of the actual payment, in accordance with the provisions of the Maitland Section 94 Contributions Plan (Citywide) 2006.
The time of the above payment shall be as follows:
Page 34 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
05-3552 Two Lot subdivision 84 251740 Goldingham Street, Tenambit. (Cont) - Development applications involving subdivision - prior to release of the Subdivision Certificate. - Development applications involving building work - prior to release of the Construction Certificate. - Development involving both subdivision and building work (eg. integrated housing developments) - prior to the release of the Construction Certificate, or the release of the Subdivision Certificate, whichever occurs first. - Development applications where no construction certificate is required - prior to issue of an Occupation Certificate. - Development applications for extractive industries - annually from the date of issue of the development consent.
The above "contribution" condition has been applied to ensure that:
i) Where the proposed development results in an increased demand for public amenities and services, payment towards the cost of providing these facilities/services is made in accordance with Council's adopted contributions plan prepared via the provisions of section 94 of the Environmental Planning and Assessment Act, 1979.
ii) Council's administration expenses are met with respect to the processing of the application.
ADVICES
A You are advised that, in accordance with Council’s planning provisions, only Council as the appointed Principle Certifying Authority (PCA) may issue the Subdivision Certificate.
Page 35 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
05-3552 Two Lot subdivision 84 251740 Goldingham Street, Tenambit. (Cont)
Officers Reports
05-3552 TWO LOT SUBDIVISION 84 251740 GOLDINGHAM STREET, TENAMBIT
Locality Plan
Meeting Date: 26 September 2006
Attachment No : 1
Number of Pages : 1
Page 36 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
05-3552 Two Lot subdivision 84 251740 Goldingham Street, Tenambit. (Cont)
Page 37 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
05-3552 Two Lot subdivision 84 251740 Goldingham Street, Tenambit. (Cont)
Officers Reports
05-3552 TWO LOT SUBDIVISION 84 251740 GOLDINGHAM STREET, TENAMBIT
Development Plan
Meeting Date: 26 September 2006
Attachment No : 2
Number of Pages : 1
Page 38 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
05-3552 Two Lot subdivision 84 251740 Goldingham Street, Tenambit. (Cont)
Page 39 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
05-3552 Two Lot subdivision 84 251740 Goldingham Street, Tenambit. (Cont)
Officers Reports
05-3552 TWO LOT SUBDIVISION 84 251740 GOLDINGHAM STREET, TENAMBIT
Distance to Commercial Precincts
Meeting Date: 26 September 2006
Attachment No : 3
Number of Pages : 1
Page 40 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
05-3552 Two Lot subdivision 84 251740 Goldingham Street, Tenambit. (Cont)
Page 41 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.2.3 DA 05-1438 SECTION 96 AMENDMENT TO MEDIUM DENSITY DEVELOPMENT LOT 185 DP 243854, 22 NATHAN CLOSE, METFORD
RECOMMENDATION: APPROVAL OF AMENDED LOCATION OF UNIT 2, REFUSAL OF PROPOSAL TO DELETE CONSENT CONDITION NUMBER 14
File No: DA 05-1438 Attachments (2): Locality Plan Submission
Responsible Officer: David Simm Manager - Development & Environment Author: Rebecca Moroney Senior Town Planner Applicant: Joan & Shane Copas Proposal: S96 Amendment - Location of Proposed Unit and Deletion of Consent Condition No. 14 Location: Metford Zone: 2(a) Residential
EXECUTIVE SUMMARY Development consent is sought from Council for a Section 96 Amendment to Medium Density Development at Lot 185 DP 243854, 22 Nathan Close, Metford. The subject land is zoned 2(a) Residential under the provisions of the Maitland Local Environmental Plan, 1993.
Council, at its meeting of 26 July 2005, approved Development Application DA 05- 1438 for medium density development at 22 Nathan Close, Metford. Following consultation with Council Officers and an objector, the original plans were amended to mitigate potential loss of privacy to an adjoining property. The development has however been constructed in accordance with the original plans submitted, not the approved development plans.
The current s96 Application is seeking to modify the position of Unit 2 from the location identified in the approved plans to the location of actual construction and for the reasons detailed in this report this is now recommended to Council for approval. The s96 Application is also seeking to delete Consent Condition No. 14 which requires additional screening along the south eastern boundary. It is considered that the application of the Consent Condition is not onerous and would have a positive benefit to the adjoining property. It is therefore recommended that this condition be retained.
Page 42 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 05-1438 Section 96 Amendment to Medium Density Development Lot 185 DP 243854, 22 Nathan Close, Metford (Cont)
OFFICER'S RECOMMENDATION THAT:
DA 05-1438 for a Section 96 Amendment to Medium Density Development on Lot 185 DP 243854, 22 Nathan Close, Metford for the amended location of proposed Unit 2 be approved and that the s96 Amendment to delete consent condition No. 14 be refused for the following reason:
1. The proposed s96 Amendment to delete consent condition No. 14 will adversely affect the amenity and privacy of an adjoining property (Section 79C(1)(b)).
BACKGROUND Council, at its meeting of 26 July 2005, approved an application for medium density development at 22 Nathan Close, Metford (DA 05-1438). The proposal consisted of 1 x three bedroom unit and 2 x two bedroom units. One of the issues raised in the submissions related to the proposed construction of Unit 2 approximately 1.35 metres from an adjoining boundary and the potential loss of privacy this would result in. Council, in determining the application, sought to have the position of proposed Unit 2 modified and re-oriented in a more suitable fashion and windows relocated to prevent loss of privacy to the adjoining dwelling. Futhermore, Council included a consent condition requiring the applicant to provide appropriate screening/fencing (Consent Condition No. 14).
Unit 2 has now been constructed in accordance with the original plans submitted and not the approved, amended plans that addressed the impacts on the adjoining property.
The development has been fully constructed. The error became apparent when Council received a Development Application for Strata Subdivision of the development. It was noted that the proposed strata plan was not consistent with the approved development plans. The subject s96 Application is intended to amend the approved development plans to reflect what has actually been constructed on site. Council has issued interim occupation certificates for the two units that are consistent with the approved plans to allow the applicant to realise some financial expectation from the development. An Occupation Certificate for the subject unit cannot be issued whilst the development is inconsistent with approved plans.
PROPOSAL This application seeks to amend the approved plans to reflect the development that is now constructed. In this regard, the location of Unit 2 will not be positioned parallel to the south-western boundary as originally approved, but will be positioned parallel to the south-eastern boundary. It is further proposed to delete consent condition no. 14 as follows: “Privacy screening shall be erected along the south eastern boundary. This screening shall include 300mm high green lattice panels at the top of the existing colourbond fence for its entire length along the boundary.”
Page 43 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 05-1438 Section 96 Amendment to Medium Density Development Lot 185 DP 243854, 22 Nathan Close, Metford (Cont) PLANNING ASSESSMENT The proposal has been assessed under the relevant matters for consideration detailed in Section 79C (1) of the Environmental Planning and Assessment Act, 1979 as follows:
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Local Environmental Plan The subject land is zoned 2(a) Residential under the provisions of the Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Medium Density Development” which is a permissible land use in the 2(a) zone with Council consent. The proposal is not considered to be inconsistent with the zone objectives.
Regional Environmental Plan Not Relevant
State Environmental Planning Policies Not Relevant Section 79C(1)(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition Not Relevant Section 79C(1)(a)(iii) any development control plan The provisions of the Maitland City Wide Development Control Plan apply to the proposed development. In particular, the aims and objectives of Chapter Lower Hunter Urban Housing are relevant. Council, in determining the original development application, recognised that the position of proposed Unit 2 had the potential to result in a loss of privacy and amenity to the adjoining property. This impact was mitigated through repositioning of proposed Unit 2 and application of consent condition No.14. As Unit 2 has now been constructed in the original location, the application of consent condition No 14 is paramount to mitigating impacts on the adjoining property. Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) Not Relevant Section 79C(1)(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality The proposal to delete Consent Condition No. 14 is likely to result in a loss of amenity to the adjoining dwelling. Section 79C(1)(c) the suitability of the site for the development It is considered that the subject site is suitable for the proposed unit development.
Page 44 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 05-1438 Section 96 Amendment to Medium Density Development Lot 185 DP 243854, 22 Nathan Close, Metford (Cont) Section 79C(1)(d) any submissions made in accordance with this act or the regulations
Public Submissions The development application and accompanying information were placed on public exhibition for a period of 14 days from 04 July 2006 to 20 July 2006. As a result of the notification process, a total of 1 submission was received and is provided as Attachment A this report.
The main issues raised by the objectors are summarised below and comment provided: Loss of Privacy – The subject unit looks directly into the adjoining property’s dining room, kitchen and entry. The owners have had to replace vertical blinds with Venetian blinds in an attempt to retain some privacy whilst still allowing natural light.
Planner's Comment This issue was originally raised during the assessment of the original application and was considered significant enough to warrant an amendment to the proposed plans to relocate the orientation and position of the subject unit to overcome these issues. As the development is now fully constructed, it is considered that the only viable option is to manage the impacts through the application of consent condition No. 14.
The proposal to delete consent condition No. 14 will result in a loss of privacy to the adjoining property, particularly use of their primary open space areas including the back yard, swimming pool area and Queensland room.
Planner's Comment It is considered that this is a valid concern and that the imposition of consent condition No. 14 is not an onerous request on the applicant, and accordingly should be retained.
Submissions from public authorities Not Relevant Section 79C(1)(e) the public interest The proposed development is consistent with current public policy.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
Page 45 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 05-1438 Section 96 Amendment to Medium Density Development Lot 185 DP 243854, 22 Nathan Close, Metford (Cont) STATUTORY IMPLICATIONS Statutory implications relating to assessment of the subject application have been addressed in the body of the report
CONCLUSION An assessment of the application has been carried out under Section 79C(1) of the Environmental Planning and Assessment Act, 1979 as amended. The proposed development is considered satisfactory in terms of the relevant matters for consideration under the Act and the proposed Section 96 Amendment to Development Consent DA 05-1438 to amend the position of Unit 2 is recommended for approval. This will allow for the future issue of occupation certificates and other administrative matters. The proposed Section 96 Amendment to delete consent condition No. 14 is however recommended for refusal.
Page 46 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 05-1438 Section 96 Amendment to Medium Density Development Lot 185 DP 243854, 22 Nathan Close, Metford (Cont)
Officers Reports
DA 05-1438 SECTION 96 AMENDMENT TO MEDIUM DENSITY DEVELOPMENT LOT 185 DP 243854, 22 NATHAN CLOSE, METFORD
Locality Plan
Meeting Date: 12 September 2006
Attachment No : 1
Number of Pages : 1
Page 47 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 05-1438 Section 96 Amendment to Medium Density Development Lot 185 DP 243854, 22 Nathan Close, Metford (Cont)
Page 48 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 05-1438 Section 96 Amendment to Medium Density Development Lot 185 DP 243854, 22 Nathan Close, Metford (Cont)
Officers Reports
DA 05-1438 SECTION 96 AMENDMENT TO MEDIUM DENSITY DEVELOPMENT LOT 185 DP 243854, 22 NATHAN CLOSE, METFORD
Submission
Meeting Date: 12 September 2006
Attachment No : 2
Number of Pages : 2
Page 49 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 05-1438 Section 96 Amendment to Medium Density Development Lot 185 DP 243854, 22 Nathan Close, Metford (Cont)
Page 50 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
DA 05-1438 Section 96 Amendment to Medium Density Development Lot 185 DP 243854, 22 Nathan Close, Metford (Cont)
Page 51 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.2.4 LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993
File No: RZ03006
Attachments (3): Draft Plan of Management Draft LEP Amendment Locality Plan
Responsible Officer: Monica Gibson City Strategist
Author: Amanda McMahon / Mark Roser Strategic Planning Engineer / Strategic Town Planner
EXECUTIVE SUMMARY On 28th October 2003, Council resolved to prepare and exhibit a draft Local Environmental Plan Clause 48 amendment to allow the development of a public car park on Lot 30 DP 456909 New England Highway, Rutherford, adjacent to the Rutherford commercial area. A Plan of Management has also been prepared and exhibited for the site as it is Council’s land. The draft Plan of Management classifies the land for general community use and a public carpark is consistent with this classification.
Consultation has since been undertaken and one written submission has been received from an adjoining land owner in relation to the draft LEP. No submissions were received in relation to the Plan of Management.
This report considers the issues raised and recommends that, as the proposed amendment has merit overall, the draft LEP be referred to the Minister for Planning with a request that the Minister makes the Plan. Furthermore, that pursuant to Section 40A(1) of the Local Government Act 1993, Council hold a “Public Hearing” in respect of the Draft Plan of Management and at the completion of the public hearing, should no issues be raised, Council adopt the Plan of Management for Lot 30 DP 456909 New England Highway, Rutherford.
OFFICER'S RECOMMENDATION THAT:
1. Pursuant to Section 68(4) of the Environmental Planning and Assessment Act 1979, the draft Local Environmental Plan be submitted to the Department of Planning with a request that the Minister makes the Plan.
Page 52 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.) 2. Pursuant to Section 40A(1) of the Local Government Act 1993, Council hold a Public Hearing in respect of the Draft Plan of Management for the land.
3. That at the completion of the public hearing, should no issues be raised, the Council adopt the attached Plan of Management for Lot 30 DP 456909 New England Highway Rutherford.
BACKGROUND At an extraordinary meeting of Council held on 8 April 2003, Council approved the expansion of the Rutherford Shopping Centre (DA 02-4229). The proposal involved the construction of a supermarket, discount variety store, bulky goods outlet and ten (10) smaller specialty shops. The proposal also proposed an additional 254 parking spaces.
The proposal included the provision of 90 degree parking on Hill Street which resulted in a minor encroachment (approximately 4.0 metre) into the existing open space buffer separating the New England Highway from Arthur Street.
Council’s interpretation and use of Clause 46 of the LEP had been questioned as a component of a Land and Environment Court proceedings occurring at the time. On 28th October, 2003, Council resolved to prepare and exhibit a draft LEP amendment to allow the development of a public car park on Lot 30 DP 456909 New England Highway, Rutherford, pursuant to Clause 48 of the Maitland Local Environmental Plan 1993, to remove any question of validity. Furthermore, that a Plan of Management be concurrently prepared and exhibited for the site as the land is Council owned land.
Pursuant to Clause 36 of the Local Government Act 1993, Council is required to prepare a plan of management for community land. Council is further required to hold a public hearing in relation to draft plans of management for any community land. The subject land has not previously supported a Plan of Management. The Plan of Management identifies community land (or public land ) and establishes goals and objectives for managing that land. It identifies where the land is located, how it can be used, and how it should be managed. It may also address issues such as leases and specific activities or development that may be permitted upon that land.
In accordance with the provisions of Section 66 of the Environmental Planning and Assessment Act 1979 the draft amendment to the Maitland LEP 1993 was placed on exhibition from Thursday 18th May 2006 to Thursday 30th June 2006. The draft LEP was advertised in the Maitland Mercury and exhibited at Council’s Customer Service Centre, Council’s web site, Rutherford Library and Maitland City Library. Property owners surrounding the subject land were notified by mail of the exhibition.
CONSULTATION Due to the minor nature of the proposal Council did not refer the proposal to other government authorities.
Page 53 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.) One submission has been received from the public in relation to the plan. The concerns raised in the submissions are summarized and discussed below.
“Clause 3 of the draft LEP refers to “Lot 30 DP 46909”, which is assumed to be a typographical error, and (the author) submits should be corrected to refer to “Lot 30 DP 456909.’ Planner's Comment This was a typographical error and has been corrected.
“…has no objection to the proposed rezoning enabling the use of the Land as a carpark, provided that the use is limited to that of a public car park only. So that there is no uncertainty as to the public nature of the car park, (the author) submits that the draft LEP should be amended as follows: (i) Clause 2: the word “public” be inserted after “development”; and (ii) Clause 4: the word “public” be inserted before “Car Park”. Planner's Comment The draft amendment has been altered as proposed.
As these changes are of a minor nature it is not considered necessary to re-exhibit the draft LEP.
No submissions were received regarding the draft Plan of Management. Pursuant to Clause 40A(1) Council is required to hold a public hearing for the draft Plan of Management.
If in the event there are no further matters raised as a result of the ‘Public’ hearing process, this report recommends that the Draft Plan of Management be adopted in its current form. If however, there is any significant interest raised, a further report will be presented to the Council.
CONCLUSION Should Council decide to progress with the draft LEP, a report will be submitted to the Department of Planning with a copy of the submission and the draft plan. The report will also contain a statement that the draft LEP has been prepared in accordance with the Environmental Planning and Assessment Act 1979 and directions issued by the Minister under Section 117 of the Act.
As the land is Council owned land the draft LEP was exhibited in accordance with the “Best Practice Guidelines 1997” as instructed by the Department. The aim of this is to make clear Council’s interests in the land and the reasons why the draft plan is being prepared. This makes the plan preparation process more open and allows the community to assess proposals with a full appreciation of all relevant information.
The concerns raised from the submission received related to the limitation of the use of the car park to that of a public car park only. This matter has been addressed with minor alterations to the draft amendment. The proposed location of the car park is considered to have planning merit and it is therefore recommended that the draft LEP
Page 54 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.) be referred to the Department of Planning with a request for the Minister to make the plan.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This report recommends the submission of a draft LEP to the Department of Planning to create amendments to the Maitland Local Environmental Plan for the development of a public car park on Lot 30 DP 456909 New England Highway, Rutherford. The draft LEPs are consistent with Council’s strategies and policies.
STATUTORY IMPLICATIONS All statutory requirements of Part 3 of the Environmental Planning and Assessment Act 1979, for the preparation and exhibition of local environmental plans, have been complied with. The report addresses the matter in the Local Government Act 1993 in relation to Plans of Management.
Page 55 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Officers Reports
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993
Draft Plan of Management
Meeting Date: 26 September 2006
Attachment No : 1
Number of Pages : 13
Page 56 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Page 57 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Page 58 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Page 59 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Page 60 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Page 61 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Page 62 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Page 63 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Page 64 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Page 65 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Page 66 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Page 67 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Page 68 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Page 69 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Officers Reports
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993
Draft LEP Amendment
Meeting Date: 12 September 2006
Attachment No : 2
Number of Pages : 2
Page 70 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Page 71 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Page 72 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Officers Reports
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993
Locality Plan
Meeting Date: 12 September 2006
Attachment No : 3
Number of Pages : 1
Page 73 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
LOT 30 DP 456909 NEW ENGLAND HIGHWAY RUTHERFORD PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 (Cont.)
Page 74 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.2.5 HOUSEHOLD CHEMICAL CLEANOUT
File No: 61/32
Responsible Officer: David Simm Manager Development & Environment
Author: Fiona Scanes Environmental Health Officer
EXECUTIVE SUMMARY The Household Chemical CleanOut is a FREE service offered to the local community whereby a range of unwanted household chemicals can be disposed of in an environmentally safe manner. The program is coordinated by the NSW Department of Environment and Conservation.
The Maitland Household Chemical CleanOut will take place on Saturday October 14, 2006 at the Council Works Depot.
OFFICER’S RECOMMENDATION THAT Council endorse the proposed Household Chemical Cleanout.
REPORT The Household Chemical CleanOut program is coordinated by the NSW State Government through the Department of Environment and Conservation. The program aims to provide the community with a FREE service in which they can dispose of unwanted household chemicals in an environmentally safe manner.
Without, this program, unwanted household chemicals would be likely to end up in Councils landfill.
Chemicals not disposed of appropriately have the potential to pollute local waterways, impact on local aquatic life, and may also cause harm to humans if ingested or handled inappropriately. Thus there is a need to ensure safe disposal methods are available and observed by all within the community.
As has been the case in past years, Council will once again host a collection site for 2006. The Household Chemical CleanOut will take place in the Maitland Local Government Area on Saturday October 14 at Council’s Works Depot on Metford Road, Metford.
The community can dispose of unwanted paints and paint related products, pesticides, herbicides, poisons such as fungicides and baits, solvents, household cleaners, motor oils, fuels and fluids, batteries, gas bottles, fire extinguishers, pool chemicals, acids, hobby chemicals such as photographic chemicals, and florescent
Page 75 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Household Chemical CleanOut (Cont.) tubes. Only household quantities of a maximum of 20kg or 20 litres of product can be disposed of.
Page 76 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.2.6 TRANSPACIFIC RESOURCE RECOVERY AND RECYCLING FACILITY UPDATE
File No: P39468
Responsible Officer: David Simm Manager Development & Environment
Author: Deanne Nelson-Pritchard Senior Environmental Health Officer
EXECUTIVE SUMMARY Council has been notified that as of 4 July 2006, the Minister for Planning approved a modified version of the Resource Recovery and Recycling Facility proposed by Transpacific at Rutherford.
The modified proposal only allows for 40,000 tonnes per year of waste lubricant oils to be processed at a hydrogenation plant to be developed at the 11 Kyle Street Rutherford site.
OFFICER'S RECOMMENDATION THAT Council note the approval of the Transpacific development as detailed in this report.
REPORT Council has been notified that as of 4 July 2006, the Minister for Planning approved a modified version of the Resource Recovery and Recycling Facility proposed by Transpacific at Rutherford.
The modified proposal only allows for 40,000 tonnes per year of waste lubricant oils to be processed at a hydrogenation plant to be developed at the 11 Kyle Street Rutherford site.
From the original application, consent approval was not given for: • The oily water treatment and waste oil transfer facility; • The Chemical Fixation, Stabilisation and Solidification (CFS) process facilities; • The waste water treatment plant; • The dangerous goods store; and • The soil conditioning and composting facility.
During the assessment process the proponent removed several of the odourous components from the proposal, and carried out a detailed odour assessment of the modified proposal. Both the Department of Planning and the Department of Environment and Conservation were satisfied that the modified proposal would be able to comply with all the relevant odour and air quality criteria at the boundary of the site.
Page 77 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
TRANSPACIFIC RESOURCE RECOVERY AND RECYCLING FACILITY UPDATE (Cont.)
During the exhibition of the original proposal concerns were raised by the community regarding potential impacts from air, noise and traffic. Air and noise conditions have been set by the Department of Planning to ensure that surrounding residents are not impacted by the development. The development will be regulated by the Department of Environment and Conservation via a licence under the Protection of the Environment Operations Act, and compliance with the consent conditions will be regulated by the Department of Planning.
The Department of Planning recognised the traffic concerns of allowing B-Double trucks to travel down Kyle Street and has made it a condition of consent that the proponent provides a monetary contribution of $60,000 to the RTA towards the upgrade of the New England Highway and Kyle Street intersection. Until this intersection is upgraded, truck access to the site shall only be via the Racecourse Road/New England Highway roundabout.
Plans of management are to be created by the proponent in discussions with all consent bodies, including Council. These plans are to be received and assessed by Council as they become available. The plans will include a construction environmental management plan, operation environmental management plan, and a transport code of conduct.
Within one year of the commencement of operations, and then as directed by the Director General of the Department of Planning, the proponent shall commission an independent environmental audit of the development. The audit will result in review and update of the operational environment management plan and be provided to all consent bodies including Council.
Page 78 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.2.7 PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 – REZONING OF PART LOT 1 DP818076,BOLWARRA ROAD, BOLWARRA AND PART LOT 1 DP 590801, VICTORIA ROAD, BOLWARRA
File No: RZ 05005
Attachments (2): Locality Plan Draft LEP Map
Responsible Officer: Monica Gibson City Strategist
Author: Gary Hamer Town Planner
EXECUTIVE SUMMARY The purpose of this report is to present to Council a proposal to amend the Maitland Local Environmental Plan 1993 to rezone parts of the former Bolwarra Waste Water Works.
The proposal is to rezone part of Lot 1 DP 818076 and part of Lot 1 DP 590801 from Zone 5(a) Special Uses (Hunter Water Corporation) to Zone 7(c) Environmental Protection (General). At present Lot 1 DP 818076 is currently zoned part 2(a) Residential, part 5(a) Special Uses and part 7(a) Environmental Protection (Wetlands). Lot 1 DP 590801 is currently zoned 5(a) Special Uses (Hunter Water Corporation) and 7(a) Environmental Protection (Wetlands).
An application has been lodged for a boundary adjustment and a subdivision of six (6) additional lots on Lot 1 DP 818076, which is being considered separately to this rezoning proposal. The proposed rezoning will result in a dual zoning for Lot 1 DP 818076 of 2(a) Residential and 7(c) Environmental Protection (General) on each of the existing and proposed lots. Zoning for the remainder of Lot 1 DP 818076 will remain unchanged.
The sites have a variety of issues associated with past and present land uses. These include site contamination, indigenous heritage, the proximity to the Hunter River and implications of local flooding issues. These issues have been addressed in the body of the report. Overall the site is considered to be environmentally sensitive, and the purpose of the draft amendment is to rezone the land to better reflect the environmental characteristics of the site.
The proposed LEP amendment shall form part of the annual LEP review process. The annual review of the Maitland LEP 1993 proposes to make appropriate amendments where there are zoning anomalies and mapping errors, or definitions and clauses which have become redundant or impractical and generally provides for consistent formatting of the LEP document. It is considered that this amendment is primarily a zoning anomaly to rezone land in which the activities of the specified use
Page 79 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Proposed LEP Amendment to Maitland LEP 1993 – Bolwarra Road, Bolwarra (Bolwarra Waste Water Works ) has ceased operations and the new draft zoning provision will be more consistent with the environmental characteristics of the site.
OFFICERS RECOMMENDATION THAT:
1. Pursuant to Section 54(1) of the Environmental Planning and Assessment Act 1979, (EP & A Act 1979) Council resolve to prepare a draft Local Environmental Plan (LEP) to rezone part Lot 1 DP 818076 and part Lot 1 DP 590801 from 5(a) Special Uses to 7(c) Environmental Protection (General).
2. Pursuant to Section 54(4) of the EP &A Act, Council inform the Director – General of its decision to prepare a draft LEP and that, unless the Director General makes a direction to the contrary, an environmental study is not required pursuant to Section 74(2)(b) of the EP & A Act.
BACKGROUND In May 2005, Council received a rezoning application which sought to rezone part of Lot 1 DP 818076 and part of Lot 1 DP 590801 from 5(a) Special Uses to 7(c) Environmental Protection (General). Council is also in receipt of a subdivision application to create six (6) additional lots along Bolwarra Road including a boundary adjustment of existing lots. The land is part of the Bolwarra Category 1 Investigation Area in the Maitland Urban Settlement Strategy 2006.
An indigenous site has been identified on Lot 1 DP 818076 and extensive investigation has been conducted in order to provide the most suitable outcome for its conservation.
These lots were previously owned by Hunter Water Corporation and known as Bolwarra Waste Water Treatment Plant. The plant was recently decommissioned (5 years ago) and is presently vacated. The treatment plant occupied a small area of the site with the remainder utilised for agistment of cattle of horses. All infrastructure related to the past use as a treatment plant has now ceased and the site has been partially remediated.
SUBJECT LAND Property Description
The subject sites are located within the allotments known as Lot 1 DP 818076 Bolwarra Road, Bolwarra and Lot 1 DP 590801, Victoria Road, Bolwarra. The total land area for both sites is 45.46ha. The portion proposed for the draft amendment is approximately 8.5ha in area.
The designated portion of land is a combination of cleared pasture land dominated by grasslands and wetland areas, with a gradual fall from Bolwarra Road which flows into a small catchment area located towards the centre of the site. The site is
Page 80 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Proposed LEP Amendment to Maitland LEP 1993 – Bolwarra Road, Bolwarra bounded by the Hunter River to the west and the Bolwarra community and recreational facilities to the east and the new subdivision of Hunter Glen to the north.
Site Specific Issues
Flooding
These sites adjoin the Hunter River and include two wetland areas that are zoned 7(a) Environmental Protection (Wetland). Much of the sites are flood liable, however there are flood free areas fronting Bolwarra Road suitable for residential development.
The consequence of the extent of flooding is that there are significant limitations for development potential within the site.
Indigenous Heritage
Indigenous cultural heritage in NSW is protected and managed under the National Parks and Wildlife Act 1974.
Located within the study area is the presence of a burial or a memorial to a local aboriginal identity - King Tom. The burial is marked by a headstone on land near the junction of Kensington and Bolwarra Roads.
McCardle Cultural Heritage Pty Ltd has prepared an Indigenous Archaeological Report (July 2006). Extensive consultation with local Aboriginal groups was conducted in order to satisfy all legislative requirements.
The recommendations from the investigation and consultation process included:
• The persons responsible for the management of any works on site will ensure that all staff, contractors and others involved in construction and maintenance related activities are made aware of the statutory legislation protecting sites and places of significance. Section 90(1)of the National Parks and Wildlife Act, 1974 states that it is an offence to knowingly destroy, deface or damage or cause or permit the destruction or defacement to an object to an object or Aboriginal place without first obtaining the consent of the DEC • As a possible burial (PAD1a) has been identified within the study area, a covenant will be placed on the location of this anomaly and will include an area of one metre around it. • Both of the above recommendations shall form part of the conditions of consent for any future the subdivision approval.
The Department of Environment and Conservation were involved in the preparation of the study, and a copy of the final report has been forwarded to the Department.
Page 81 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Proposed LEP Amendment to Maitland LEP 1993 – Bolwarra Road, Bolwarra Site Contamination
Lot 1 DP 590801 was previously utilised as a sewage treatment plant, which has recently been decommissioned. A Site Contamination Report was completed to characterise potential contamination on the site and assess its suitability for residential development. The contamination assessment was limited to Lot 1 DP 590801, with a focus on the eastern most portion, for proposed developable areas within the immediate vicinity of the former amenities and operations area of the wastewater treatment works.
The outcomes from the study indicated that the site was not considered to present any significant risk of harm to human health or the environment and was considered suitable for redevelopment for residential purposes without health or environmental constraints relating to site contamination.
EFFECTS OF EXISTING PLANS, POLICIES AND DIRECTIONS State Environmental Planning Policy No 55 – Remediation of Land
The general objectives of this policy are to provide for a state-wide planning approach to the remediation of contaminated land and to promote the remediation of contaminated land for the purposes of reducing the risk of harm to public health.
A contamination report (conducted by GHD, June 2005) concludes that there are no significant risks of harm to human health or the environment. The site is considered suitable for the proposed environmental protection zoning. Any future redevelopment on the land will require further consideration of relating to site contamination issues.
Direction No 9 – Conservation and Management of Environmental and Indigenous Heritage
This direction applies as an item of item of indigenous significance has been identified on the site (King Tom’s memorial) and shall require specified provisions to facilitate the conservation of the item. This shall occur by way of the 88B Instrument (Restriction As To User) and also specific conditions of consent for the subdivision.
The environmental protection zoning is consistent with the conservation of the indigenous significance.
Direction No 13 – Environmental Protection Zones
This direction applies as the Council intends to create an environmental protection zone over a portion of the subject site. It is considered that the creation of this zone shall be the most appropriate mechanism in order to achieve a more suitable management practice for the site.
The zoning provisions within zone 7(c) Environmental Protection have certain restrictions which limit the types of development allowed within the zone, which are described in this report.
Page 82 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Proposed LEP Amendment to Maitland LEP 1993 – Bolwarra Road, Bolwarra
Direction No 15 – Flood Prone Land
This direction applies as a significant portion of the site is identified as flood prone land. The proposed environmental protection zoning is consistent with the principles of the Floodplain Development Manual and Council’s adopted flood policies.
Draft Lower Hunter Regional Strategy
It is considered that the draft LEP amendment shall be consistent with the overall aims and objectives of the draft regional strategy as the provision of an environmental protection zone which will protect and conserve areas of heritage and environmental significance.
The proposal is also consistent with the sustainability criteria identified in the draft strategy which encourages environmental protection of biodiversity, air quality, heritage and waterway health.
Maitland Local Environmental Plan 1993
The proposal is to include the amendment to the Maitland LEP 1993 to rezone a portion of the land to 7(c) Environmental Protection General.
The objectives of this zone include:
a) to conserve sites which provide valuable habitat or corridors for wildlife or provide valuable examples of flora or floristic associations of significance.
b) to protect sensitive areas that are or may suffer degradation if not managed appropriately.
c) to protect and enhance the landscape and scenic qualities of Maitland City and to ensure that adequate consideration is given to the visual impact of the development.
d) to permit selected land uses which will not adversely affect floristic values, fauna habitat, visual amenity and other environmental values.
It is considered that the draft LEP shall be consistent with all of the above objectives. The locality of the site to be rezoned is within close proximity to the Hunter River, the indigenous landmark of King Tom’s memorial and the flood affected land to the north.
This zoning is proposed as it is considered to be the most appropriate zone to ensure the environmental and cultural qualities of the site are conserved.
Maitland Urban Settlement Strategy
The subject site is part of the Bolwarra Investigation Area in the Maitland Urban Settlement Strategy 2006. The strategy identified land above the 1% AEP flood level Page 83 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Proposed LEP Amendment to Maitland LEP 1993 – Bolwarra Road, Bolwarra for residential investigations. This area has been given a Category 1 status due to the reducing opportunities for urban development north of Central Maitland, and the proximity of the site to existing urban land release at Hunter Glen.
A proposal to rezone part of the site for environmental protection shall not compromise the ability of the identified area to be utilised for future residential land uses.
CONSULTATION Council intends to consult with the following public agencies in preparation of the draft LEP:
• Department of Planning • Department of Environment and Conservation • Hunter Water Corporation
Following the preparation of the draft LEP amendment, there will be an opportunity for community consultation.
The development application to subdivide the land has been publicly exhibited and the adjoining landowners have been notified.
CONCLUSION Both Lot 1 DP 590801 and Lot 1 DP 818076 are significant sites in which Lot 1 DP 818076 is partly identified within the Maitland Urban Settlement Strategy for future urban growth. The proposed rezoning shall enable a more suitable zone to be applied to both sites which shall be more consistent with the specific environmental characteristics.
The proposed plan addresses the key issues for the site including relevant specialist studies associated with indigenous heritage and site contamination. It is considered that the proposed amendment will be the best planning outcome in response to the site specific issues.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council’s adopted budget or forward estimates.
POLICY IMPLICATIONS The proposed LEP amendment shall be incorporated into the annual LEP review process. It is considered that this amendment is primarily a zoning anomaly to rezone land in which the activities of the specified use ( Bolwarra Waste Water Works) has ceased operations and the new draft zoning provision will be more consistent with the environmental characteristics of the site.
Page 84 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Proposed LEP Amendment to Maitland LEP 1993 – Bolwarra Road, Bolwarra STATUTORY IMPLICATIONS The statutory process for preparing an amendment to the Maitland LEP 1993 is detailed in Part 3 of the Environmental Planning and Assessment Act 1979 and will be followed for the purposes of Council’s assessment of this proposal.
Page 85 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Proposed LEP Amendment to Maitland LEP 1993 – Bolwarra Road, Bolwarra
Officers Reports
PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 – REZONING LOT 1 DP818076, BOLWARRA ROAD AND LOT 1 DP 590801, VICTORIA ROAD BOLWARRA
Existing Zone Map
Meeting Date: 26 September 2006
Attachment No : 1
Number of Pages : 1
Page 86 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Proposed LEP Amendment to Maitland LEP 1993 – Bolwarra Road, Bolwarra
Page 87 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Proposed LEP Amendment to Maitland LEP 1993 – Bolwarra Road, Bolwarra
Officers Reports
PROPOSED AMENDMENT TO MAITLAND LOCAL ENVIRONMENTAL PLAN 1993 – REZONING LOT 1 DP818076, BOLWARRA ROAD AND LOT 1 DP590801, VICTORIA ROAD,BOLWARRA
Draft LEP Map
Meeting Date: 26 September 2006
Attachment No : 2
Number of Pages : 1
Page 88 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Proposed LEP Amendment to Maitland LEP 1993 – Bolwarra Road, Bolwarra
Page 89 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.2.8 MEMORANDUM OF UNDERSTANDING BETWEEN HUNTER COUNCILS (ON BEHALF OF MEMBER COUNCILS) AND HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY
File No: 76/1
Attachments: Memorandum of Understanding Document
Responsible Officer: David Simm Manager Development & Environment
Author: Deanne Nelson-Pritchard Senior Environmental Health Officer
EXECUTIVE SUMMARY The Memorandum of Understanding (MOU) was presented to the 23 May 2006 Council meeting for endorsement prior to the document being presented to the Catchment Management Authority (CMA) Board. Minimal changes have been made to the document which is now presented to Council for final sign off.
OFFICER'S RECOMMENDATION THAT Council endorse the Memorandum of Understanding between Hunter Council Inc and Hunter Central Rivers Catchment Management Authority.
REPORT The Hunter Central Rivers Catchment Management Authority is one of 13 statutory bodies established throughout New South Wales (NSW) in accordance with the Catchment Management Act 2003. The role of CMA’s is to coordinate natural resource management (NRM) in each of their respective catchments. They are responsible for involving regional communities in management of the NRM issues facing their region, and are the primary means for the delivery of funding from the NSW and Commonwealth Governments to help land managers improve and restore natural resources.
For the Hunter Central Rivers Region, a Memorandum of Understanding (MOU) has been developed between the HCRCMA and Hunter Councils (HC) Inc (on behalf of its member councils). The MOU was presented to the 23 May 2006 Council meeting for endorsement prior to the document being presented to the Catchment Management Authority (CMA) Board. Minimal changes have been made to the document which is now presented to Council for final sign off.
The purpose of the MOU is to establish an agreed set of principles that define the roles, and promote cooperation between local Councils, Hunter Councils Inc and the CMA in respect to NRM in the region. The MOU aims to strengthen partnership approaches to NRM at the regional and local levels by guiding and directing working
Page 90 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MEMORANDUM OF UNDERSTANDING BETWEEN HUNTER COUNCILS (ON BEHALF OF MEMBER COUNCILS) AND HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY (Cont.) relationships between the parties in respect to planning for, investing in, and adaptively reviewing progress towards sustainable natural resource management.
This MOU has been developed in recognition of the important current and future role that Local Government and the CMA play as partners in the delivery of NRM outcomes in NSW. It recognises and supports the role of local government in the whole of government approach to NRM planning and management.
The MOU is not binding and no legally binding obligations are intended to arise as consequence of signing the document.
Following the sign off of the MOU document, addendums will be created for issues of concern as they arise. Currently a technical group are working on an addendum for the dual consent issues arising from the implementation of the Native Vegetation Act. The Native Vegetation Act ensures that any application to remove vegetation from an area other then an urban area must be reviewed by the CMA, however the development application is also required to be reviewed by Council. To ensure that both groups are agreeable to the consent of the development, the addendum will allow a path of communication to be followed so that the application is reviewed efficiently. Future addendums may include data / information sharing between CMA and Councils, and possible resource sharing.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 91 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MEMORANDUM OF UNDERSTANDING BETWEEN HUNTER COUNCILS (ON BEHALF OF MEMBER COUNCILS) AND HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY (Cont.)
Officers Reports
MEMORANDUM OF UNDERSTANDING BETWEEN HUNTER COUNCILS (ON BEHALF OF MEMBER COUNCILS) AND HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY
Memorandum of Understanding
Meeting Date: 26 September 2006
Attachment No : 1
Number of Pages : 10
Page 92 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MEMORANDUM OF UNDERSTANDING BETWEEN HUNTER COUNCILS (ON BEHALF OF MEMBER COUNCILS) AND HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY (Cont.)
Page 93 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MEMORANDUM OF UNDERSTANDING BETWEEN HUNTER COUNCILS (ON BEHALF OF MEMBER COUNCILS) AND HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY (Cont.)
Page 94 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MEMORANDUM OF UNDERSTANDING BETWEEN HUNTER COUNCILS (ON BEHALF OF MEMBER COUNCILS) AND HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY (Cont.)
Page 95 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MEMORANDUM OF UNDERSTANDING BETWEEN HUNTER COUNCILS (ON BEHALF OF MEMBER COUNCILS) AND HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY (Cont.)
Page 96 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MEMORANDUM OF UNDERSTANDING BETWEEN HUNTER COUNCILS (ON BEHALF OF MEMBER COUNCILS) AND HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY (Cont.)
Page 97 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MEMORANDUM OF UNDERSTANDING BETWEEN HUNTER COUNCILS (ON BEHALF OF MEMBER COUNCILS) AND HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY (Cont.)
Page 98 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MEMORANDUM OF UNDERSTANDING BETWEEN HUNTER COUNCILS (ON BEHALF OF MEMBER COUNCILS) AND HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY (Cont.)
Page 99 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MEMORANDUM OF UNDERSTANDING BETWEEN HUNTER COUNCILS (ON BEHALF OF MEMBER COUNCILS) AND HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY (Cont.)
Page 100 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MEMORANDUM OF UNDERSTANDING BETWEEN HUNTER COUNCILS (ON BEHALF OF MEMBER COUNCILS) AND HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY (Cont.)
Page 101 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MEMORANDUM OF UNDERSTANDING BETWEEN HUNTER COUNCILS (ON BEHALF OF MEMBER COUNCILS) AND HUNTER CENTRAL RIVERS CATCHMENT MANAGEMENT AUTHORITY (Cont.)
Page 102 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.3 ASSETS
9.3.1 FREEDOM OF ENTRY CEREMONY - HIGH STREET MAITLAND - TEMPORARY ROAD CLOSURES
File No: 140/5; 222/273
Attachment (1): Standard Conditions Freedom of Entry Traffic Plan – Central Freedom of Entry Traffic Plan - East
Responsible Officer: Chris James Group Manager Assets
Author: Ken Splatt Traffic Officer
EXECUTIVE SUMMARY There will be a Freedom of Entry Ceremony for the officers and crew of the Patrol Boat HMAS Maitland on Saturday 30 September 2006 from 10.30am to 12.00 noon. This will involve a street march in High Street Maitland, from Heritage Mall near Bulwer Street to the Maitland Town Hall. Traffic detours and temporary street closures of intersecting streets will be implemented during this event.
OFFICER'S RECOMMENDATION THAT:
Council approve the temporary road and lane closures associated with the Freedom of Entry Ceremony on Saturday 30 September 2006 from 10.30am to 12 noon subject to the standard conditions as detailed in Maitland City Council’s Temporary Road Closure Application form where: a) A temporary road closure is located at:
i) High Street - from James Street to Victoria / Hunter Streets; b) Temporary road closure points are installed at:
i) High Street, just east of Victoria/Hunter Streets, and just west of James Street,
ii) Grant Street, just south of High Street; c) Temporary half-road closure points are installed at:
i) High Street – just west of the Maitland Tourist Centre car park (westbound lane),
Page 103 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
FREEDOM OF ENTRY CEREMONY - HIGH STREET MAITLAND - TEMPORARY ROAD CLOSURES (Cont.) ii) Victoria Street, at Nicholson Street, (northbound lane).
Victoria Street will become one-way (southbound) from to High Street to Nicholson Street.
REPORT On Saturday 6 May 2006, the Royal Australian Navy held a naming ceremony for the Patrol Boat Maitland in Henderson, Western Australia.
Since that time the crew have been appointed and the Patrol Boat has been based in Darwin, whilst training is carried out prior to it officially commencing active service. The commissioning of HMAS Maitland will be held in Newcastle on Friday 29 September 2006. It is proposed to grant the crew Freedom of Entry to the City of Maitland in a ceremony to be held in front of Maitland Town Hall on Saturday morning 30 September 2006.
A police-escorted street march involving the crew of the H.M.A.S. Maitland is planned to start at approximately 10.30am in the Heritage Mall (High Street) near the Bulwer Street, then proceed eastward along High Street to Maitland Town Hall, where the ceremony will take place.
The street march itself is a Class 4 special event, escorted by police. Although street closures are not required for this class of event, the installation of temporary barricades will assist in redirecting vehicles away from those sections of High Street through which the march will pass.
Advance warning and detour signage will be installed at various locations to guide motorists. Essentially, Maitland CBD traffic wanting to access the New England Highway will be encouraged to do so via Church Street for the duration of the event.
Street March and Ceremony Phase (10.30am -12.00pm)
Temporary road closures are as follows: • High Street - from James Street to Victoria / Hunter Streets.
Temporary road closure points will be installed as follows: • High Street, just east of Victoria/Hunter Streets, and just west of James Street • Grant Street, just south of High Street
Temporary half-road closure points will be installed as follows: • High Street – just west of the Maitland Tourist Centre car park (westbound lane). • Victoria Street, at Nicholson Street, (northbound lane).
Victoria Street will become one-way (southbound) from to High Street to Nicholson Street
Page 104 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
FREEDOM OF ENTRY CEREMONY - HIGH STREET MAITLAND - TEMPORARY ROAD CLOSURES (Cont.) Street March Phase only (10.30am -11.00am)
Maitland Police will be present to facilitate the redirection of traffic at the major intersections on High Street. Council staff will be on hand to remove barricades after the street march has passed by.
Temporary road closures for this phase are as follows: • Free Church Street • Cathedral Street right-turn lane into High Street • Lee Street ( from start of narrow section adjacent school grounds to High Street) • Drill Hall lane access to Cathedral Street car park.
The temporary road closures for this event were advertised in the Maitland Mercury on Thursday 24 August 2006 and Monday 28 August 2006 for public comment for the statutory 28-day period. The closing date for submissions is Wednesday 20 September 2006. To date, no submissions have been received.
The traffic management measures outlined above will enable traffic to flow around the on-road activity and will ensure minimal disruption for local road users.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 105 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
FREEDOM OF ENTRY CEREMONY - HIGH STREET MAITLAND - TEMPORARY ROAD CLOSURES (Cont.)
Officers Reports
FREEDOM OF ENTRY CEREMONY - HIGH STREET MAITLAND - TEMPORARY ROAD CLOSURES
Standard Conditions
Meeting Date: 26 September 2006
Attachment No : 1
Number of Pages : 1
Page 106 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
FREEDOM OF ENTRY CEREMONY - HIGH STREET MAITLAND - TEMPORARY ROAD CLOSURES (Cont.)
Page 107 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
FREEDOM OF ENTRY CEREMONY - HIGH STREET MAITLAND - TEMPORARY ROAD CLOSURES (Cont.)
Officers Reports
FREEDOM OF ENTRY CEREMONY - HIGH STREET MAITLAND - TEMPORARY ROAD CLOSURES
Freedom of Entry Plan - Central
Meeting Date: 26 September 2006
Attachment No : 2
Number of Pages : 1
Page 108 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Page 109 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Officers Reports
FREEDOM OF ENTRY CEREMONY - HIGH STREET MAITLAND - TEMPORARY ROAD CLOSURES
Freedom of Entry Plan - East
Meeting Date: 26 September 2006
Attachment No : 3
Number of Pages : 1
Page 110 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Page 111 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.3.2 MAITLAND TRIATHLON 2006 - TEMPORARY ROAD CLOSURES
File No: 122/944/3; 140/5
Attachments (2): Standard Conditions Maitland Triathlon 2006
Responsible Officer: Chris James Group Manager Assets
Author: Ken Splatt Traffic Officer
EXECUTIVE SUMMARY The Maitland Triathlon Club Inc. are preparing to host the 2006 Maitland Triathlon at Morpeth and are seeking Council approval for the running of the event and subsequent temporary road closures. The proposed date of the event is Sunday 15th October 2006 between 6.00am and 12.00 noon. The event will be staged as in previous years, in Morpeth CBD and surrounding areas with the transition area being situated near the Queens Wharf boat ramp. The triathlon consists of a 1,000m swim followed by a 30km bike ride and an 8km run through Morpeth CBD.
OFFICER'S RECOMMENDATION THAT Council approval be given to temporarily close Queens Wharf Road, and partially close the northern side of Swan Street from Tank Street to Robert Street, Morpeth in association with the Maitland Triathlon on Sunday 15th October 2006 between 6.00 a.m. and 12.00 p.m., subject to the schedule of conditions detailed in this report and the conditions detailed in the Temporary Road Closure Application form.
REPORT The Maitland Triathlon Club is a non-profit club which has organised the running of this annual event since 1994. It is expected that 350 competitors will attend.
The organisers of this event will follow the same procedures used in previous years which includes adherence to the NSW Police Guidelines for Bicycle Road Races. The race will commence at 7.15am and end at 12.00 noon. The proposed two-tiered triathlon course will consist of a 1000m or 1500m swim followed by a 30km or 60km ride out to Millers Forest and an 8km or 12km run through Morpeth and surrounds. The event is sanctioned by Triathlon Australia which results in a $20 million public liability insurance cover.
State Emergency Services, CREST and St. Johns Ambulance volunteers will be in attendance.
The Maitland Triathlon event and road closures were advertised in the Maitland Mercury on 24th August 2006 and 28th August 2006 for public comment. The
Page 112 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MAITLAND TRIATHLON 2006 - TEMPORARY ROAD CLOSURES (Cont.) closing date for public submissions is 20th September 2006. To date, no submissions have been received.
The Local Traffic Committee at its meeting on 7th September 2006 recommended that Council approval be given to temporarily close Queens Wharf Road, and partially close the northern side of Swan Street from Tank Street to Robert Street, Morpeth in association with the Maitland Triathlon on Sunday 15th October 2006 between 6.00 a.m. and 12.00 noon, subject to the attached schedule of conditions for this event:.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 113 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MAITLAND TRIATHLON 2006 - TEMPORARY ROAD CLOSURES (Cont.)
SCHEDULE OF CONDITIONS
In addition to the conditions listed on the reverse of the Temporary Road Closure application form, the following conditions shall apply:
1. Public roads used for the event will include Queens Wharf Road, Tank Street at Swan Street, Swan Street, Brisbane Fields Road, Edward Street, Duckenfield Road, Martins Wharf Road and McFarlanes Road.
2. All participants in the event shall keep to the left of all roadways and give way to all other road users as and when required;
3. All marshals used on all legs / segments of the proposed routes shall be suitably attired in reflective safety clothing. Traffic controllers (having the authority to stop traffic) are to be suitably trained, RTA accredited and located at all potential conflict points where traffic must be stopped to allow the passage of the event participants;
4. All due care and caution to be exercised to minimise conflicts with traffic and pedestrian flow and access for emergency vehicles shall be maintained at all times;
5. Compliance with all traffic laws and any direction issued by the NSW Police Service;
6. Receipt of separate written approval from Lower Hunter Traffic Services and the completion / lodgement of a Public Assembly form, available from Senior Constable Glen Schmidtke at Lower Hunter Traffic Services at Maitland Police Station;
7. Advance warning signs of restricted access to be positioned at appropriate locations along the route;
8. The closure and partial closure area be cleaned of all rubbish and debris after the event;
9. This application does not become effective until all Council fees associated with temporary road closure are received by Council;
10. In Swan Street, participants will generally be moving adjacent to the eastbound travelling lane. To provide a greater width for the participant stream on the northern side of Swan Street between Queens Wharf Road and Robert Street, barricades, witches hats or ‘T-Top” bollards shall be placed to displace the existing centreline to the south. Minimum traffic travelling lane widths of 3.5m shall be
Page 114 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MAITLAND TRIATHLON 2006 - TEMPORARY ROAD CLOSURES (Cont.) maintained in both directions on Swan Street, unless traffic is under direction by the NSW Police Service. Traffic travelling lanes shall be separated from the participant stream by barricades, witches hats or “T-Top” bollards to ensure that traffic and participant streams operate independently. NOTE: One-way traffic movement (westbound) will be enforced in Swan Street between Northumberland Street and Tank Street. Swan Street east of Northumberland Street will remain bi-directional, adjacent to the partially closed lane as mentioned above;
11. Marshals are to be stationed at intersections.
12. Barricades are to be erected in Swan Street at Queens Wharf Road along the perimeter of the Triathlon route, to prevent vehicles from entering Queens Wharf Road.
13. A detour sign is to be erected on Morpeth Road, at the intersection with Tank Street. A detour sign is to be erected on Tank Street at the intersection with High Street. A “No Right Turn” sign is to be erected at the Tank Street/Swan Street intersection. These measures are to dissuade motorists from entering Swan Street from the western end.
14. Preference is given to the placement of turning points for the ‘cycle’ stage at intersections, for reasons of sight distance, visibility and safety. Temporary road closures, affected through the use of barricades and “ROAD CLOSED” signs, shall be placed in McFarlanes Road and Martins Wharf Road at the Raymond Terrace Road intersections. A traffic controller should restrict entering traffic to these roads, however movements from these roads to Raymond Terrace Road should be permitted. Advance warning signs should be placed on all approaches to turning points on public roads and all lead / tail vehicles shall be fitted with flashing hazard and amber rotating beacons, operating at all times;
15. Notwithstanding any of the conditions contained in this approval, representatives of Lower Hunter Traffic Services or any member of the NSW Police Service reserve the right to make amendments to the traffic conditions on site, if they are deemed appropriate or are in the best interest of the general public or the event participants.
This approval applies only to the use of the nominated streets on which the event is to be run.
The traffic management measures described above will provide traffic control and road safety to all involved in the event. There should to be no adverse impact on the Morpeth community, as this event is always organised in a professional and efficient manner.
Page 115 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MAITLAND TRIATHLON 2006 - TEMPORARY ROAD CLOSURES (Cont.)
Officers Reports
MAITLAND TRIATHLON 2006 - TEMPORARY ROAD CLOSURES
Standard Conditions
Meeting Date: 26 September 2006
Attachment No : 1
Number of Pages : 1
Page 116 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MAITLAND TRIATHLON 2006 - TEMPORARY ROAD CLOSURES (Cont.)
Page 117 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MAITLAND TRIATHLON 2006 - TEMPORARY ROAD CLOSURES (Cont.)
Officers Reports
MAITLAND TRIATHLON 2006 - TEMPORARY ROAD CLOSURES
Maitland Triathlon 2006 Maps
Meeting Date: 26 September 2006
Attachment No : 2
Number of Pages : 2
Page 118 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MAITLAND TRIATHLON 2006 - TEMPORARY ROAD CLOSURES (Cont.)
Page 119 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MAITLAND TRIATHLON 2006 - TEMPORARY ROAD CLOSURES (Cont.)
Page 120 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.3.3 RECLAIM THE NIGHT FESTIVAL 2006 - TEMPORARY ROAD CLOSURE
File No: 122/944; 222/273
Attachment (1): Standard Conditions Reclaim the Night Map
Responsible Officer: Chris James Group Manager Assets
Author: Ken Splatt Traffic Officer
EXECUTIVE SUMMARY Council has received an application from the Maitland Domestic Violence Committee, in partnership with Carrie’s Place Women’s and Children’s Refuge, to temporarily close part of the Heritage Mall (High Street) Maitland, between Bulwer and Bourke Streets on the evening of Friday 27 October 2006. This temporary road closure is to allow the running of the ‘Reclaim the Night’ Community Festival, which also includes a police-supervised street march in nearby streets.
OFFICER'S RECOMMENDATION THAT permission be granted for the Women and Children Services Inc. to temporarily close High Street Maitland between Bulwer and Bourke Streets to vehicular traffic from 5.30pm to 9.30pm on Friday 27 October 2006, subject to the standard temporary road closure conditions, as detailed in Council’s Temporary Road Closure Application form, and the requirements of the NSW Police.
REPORT The ‘Reclaim the Night’ march is a special event that has occurred annually in Australia and around the world for the past 26 years. The event serves to raise awareness within our community of sexual abuse and violence against women and children.
The starting location for the march will be under the ‘sails’ in Heritage Mall at Bulwer Street. Approximately 150 - 200 participants will be escorted by Maitland Police during the march, which will progress along local streets including Bourke Street, along Ken Tubman Drive past the cinema complex to High Street, west along High Street past the Post Office, then back to the starting point under the ‘sails’ in the Mall at Bulwer Street. An informal gathering will then take place at this location, which will involve a ‘sausage sizzle’, live music and display stalls.
As the march itself is a Class 4 special event, no temporary road closures will be required for this activity, as Maitland Police will be present on escort duty.
Page 121 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
RECLAIM THE NIGHT FESTIVAL 2006 - TEMPORARY ROAD CLOSURE (Cont.) Temporary road closure to vehicular traffic of High Street (Heritage Mall) Maitland between Bourke and Bulwer Streets from 5.30pm to 9.30pm is required to allow for the running of the Reclaim the Night Community Festival.
Barricades in the Mall will be installed and removed by the organisers and manned by S.E.S. personnel.
The temporary road closure was advertised in the Maitland Mercury on 3rd and 7th August 2006, with public utility authorities and emergency services etc. being notified by fax. No submissions were received by the due date of 31st August 2006.
Senior Constable Glen Schmidtke of Maitland police has been notified of this event, and will assist in escorting the women and children involved in the march.
This matter was also discussed at the meeting of the Local Traffic Committee on 7 September 2006, where it recommended that Council approve the road closure, as per the standard temporary road closure conditions set down by Council and the NSW Police. These conditions include:
1. The applicant liaises with the Maitland Traffic Services Unit of the NSW Police Service at Maitland Police Station;
2. The applicant provides Council with a copy of their public liability coverage for the event to a minimum value of $10 million;
3. Removable barricades be placed over the entrances to Heritage Mall in High Street and Bulwer Street separating the event area from the general public, and manned by trained personnel;
4. Any damage to Heritage Mall infrastructure/fittings/furniture as a result of the special event activities being the responsibility of the applicant to repair/replace to Council’s satisfaction;
This application does not become effective until all Council fees associated with the temporary road closure have been received by Council.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 122 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
RECLAIM THE NIGHT FESTIVAL 2006 - TEMPORARY ROAD CLOSURE (Cont.)
Officers Reports
RECLAIM THE NIGHT FESTIVAL 2006 - TEMPORARY ROAD CLOSURE
Standard Conditions
Meeting Date: 26 September 2006
Attachment No : 1
Number of Pages : 1
Page 123 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
RECLAIM THE NIGHT FESTIVAL 2006 - TEMPORARY ROAD CLOSURE (Cont.)
Page 124 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
RECLAIM THE NIGHT FESTIVAL 2006 - TEMPORARY ROAD CLOSURE (Cont.)
Officers Reports
RECLAIM THE NIGHT FESTIVAL 2006 - TEMPORARY ROAD CLOSURE
Reclaim the Night Map
Meeting Date: 26 September 2006
Attachment No : 2
Number of Pages : 1
Page 125 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Page 126 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.4 FINANCE AND ADMINISTRATION
9.4.1 STATEMENT OF INVESTMENTS AS AT 31 AUGUST 2006
File No: 82/2
Responsible Officer: Graeme Tolhurst Group Manager - Finance and Administration
Author: Kristy Bragg Trainee Accountant
EXECUTIVE SUMMARY The Local Government (General) Regulation 2005, Section 212 requires Council to report its investments.
OFFICER'S RECOMMENDATION THAT report be received and noted.
REPORT Inv. Institution Int. Last Current Final See Amount Current No. Rate Coupon Reset Coupon Maturity Note $ (Standard & Reset Days Reset Date No. Poor’s Rating) Date Date 1225 Perpetual 5.45% ## ## When ## 1 & 2 2,435,591.52 Credit Income required Fund (Rating Af) 1226 Merrill Lynch 6.58% ## ## When ## 1 & 2 5,947,212.98 Diversified required Fund (Rating Af) 1227 Deutsche 6.45% ## ## When ## 1 & 2 4,679,284.15 Income Fund required (Rating Af) 1159l Savings & 8.70% 13/06/06 91 12/09/06 12/03/08 3 & 6 1,523,067.00 Loans Credit Union (Not Rated) 1164k CBA Shield 6.91% 05/06/06 91 04/09/06 04/09/06 3 500,000.00 CDO – Alexander (Rating AA)
Page 127 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
STATEMENT OF INVESTMENTS AS AT 31 AUGUST 2006 (Cont.) Inv. Institution Int. Last Current Final See Amount Current No. Rate Coupon Reset Coupon Maturity Note $ (Standard & Reset Days Reset Date No. Poor’s Rating) Date Date 1245b The Rock 8.96% 31/07/06 91 30/10/06 30/04/07 3 & 6 1,017,442.00 Building Society (Not Rated) 1131m Holiday Coast 9.31% 17/07/06 92 17/10/06 17/04/08 3 & 6 505,751.00 Credit Union (Not Rated) 1134f Bendigo Bank 7.28% 19/04/06 183 19/10/06 19/10/11 3 300,000.00 Ltd (Rating BBB+) 1136l Australian 8.56% 31/07/06 92 31/10/06 31/07/08 3 & 6 1,010,812.00 Central Credit Union Ltd (Not Rated) 1177j Maitland Mutual 6.95% 11/06/06 90 09/09/06 31/12/07 3 & 6 2,000,000.00 Building Society (Not Rated) 1178j Wide Bay 7.62% 15/06/06 92 15/09/06 15/12/08 3 & 6 500,000.00 Australia Credit Union (Not Rated) 1180i Northern Inland 9.28% 23/06/06 92 23/09/06 23/12/08 3 & 6 500,000.00 Credit Union (Not Rated) 1192i Balmoral 7.20% 06/06/06 91 04/09/06 04/03/09 3 1,500,000.00 (Rating AA) 1220g Greater 7.97% 28/08/06 91 27/11/06 27/11/08 3 & 6 1,019,174.00 Building Society (Not Rated) 1229e Select Access 6.75% 14/06/06 92 14/09/06 14/12/10 3 500,000.00 – Titanium Series 2004-18 (Rating AAA) 1230e Generator 7.95% 07/07/06 94 09/10/06 08/10/11 3 1,000,000.00 Income Note (Rating AAA) 1239d Flinders 7.48% 20/06/06 92 20/09/06 20/03/09 3 1,500,000.00 (Rating AA)
Page 128 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
STATEMENT OF INVESTMENTS AS AT 31 AUGUST 2006 (Cont.) Inv. Institution Int. Last Current Final See Amount Current No. Rate Coupon Reset Coupon Maturity Note $ (Standard & Reset Days Reset Date No. Poor’s Rating) Date Date 1241d Credit Suisse 2.00% 16/06/06 94 18/09/06 20/09/10 4 1,000,000.00 First Boston – Property Linked Note
1243d Elders Rural 7.89% 28/06/06 92 28/09/06 28/06/07 3 509,281.00 Bank (Rating BBB-) 1244c Elders Rural 7.78% 29/08/06 92 29/11/06 28/08/08 3 510,399.00 Bank (Rating BBB-) 1242c Maitland Mutual 6.46% 30/08/06 90 28/11/06 28/11/06 5 & 6 1,000,000.00 Building Society (Not Rated) 1246b Maitland Mutual 6.46% 02/08/06 90 31/10/06 31/10/06 5 & 6 400,000.00 Building Society (Not Rated) On-Call Commonwealth 5.95% ## ## When ## 2 500,000.00 Cash Deposit Required Account (Rating AA-) TOTAL 30,358,014.65 Notes: 1. Investments held by Funds Managers. As investments are managed on a daily basis, interest rates have been calculated on a % per annum. 2. These funds are not held on a fixed term. The funds are redeemed as and when required. 3. The interest rate shown applies for the period ending on the current coupon reset date. The interest rate will then reset for the next term based on current BBSW (Bank Bill Swap Rate). These investments can be sold within 3 days at prevailing market prices. The market price can fluctuate on the face value of the investment. 4. This investment is linked to property indexes requiring it to be held to maturity to realise full potential future earnings. The investment has a fixed coupon of 2% per annum plus growth in property indexes. 5. Term deposit required to be held to maturity. 6. Building Societies and Credit Unions are not rated by Standard & Poor’s.
As a Comparison:
Investments held at the end of last month (ie. 31/07/06) were $25,158,752.66
Investments held this time last year (ie. 31/08/05) were $28,148,040.91
Page 129 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
STATEMENT OF INVESTMENTS AS AT 31 AUGUST 2006 (Cont.) FINANCIAL IMPLICATIONS This matter has no direct financial implications upon Council’s adopted or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS The above sums have been invested in accordance with: • Section 625 of the Local Government Act 1993. • The regulations pertaining to the Local Government Act 1993. • Council’s Investment Policies
Page 130 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.4.2 RATING OF PRESCHOOLS
File No: 117/1
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY This report is to inform Council of the legislative requirements regarding the rating of Preschools.
Council has received a number of letters and emails regarding the rating of Preschools within the Maitland Local Government Area, and a specific request that Preschools be declared “non-rateable”.
The legislation is set out that any Preschool is subject to rating as Commercial within the Local Government area. This report is for Council to acknowledge the rating of Preschools.
OFFICER'S RECOMMENDATION THAT:
1. Council acknowledge the legislative position in relation to the rating of Preschools; and
2. The relevant Preschools be advised that the Council cannot deem Preschools to be exempt from rates.
REPORT Council has received a number of letters and emails regarding the rating of Preschools within the Maitland Local Government Area and a specific request that Preschools be declared non-rateable.
Section 555 of the Local Government Act, 1993 sets out the land that is exempt from rates. That relevant parts of this section are set out as follows:
“(1) The following land is exempt from all rates: (a) land owned by the Crown, not being land held under a lease for private purposes, (b) land within a national park, historic site, nature reserve, state game reserve or karst conservation reserve (within the meaning of the National Parks and Wildlife Act 1974 ), whether or not the land is affected by a lease, licence, occupancy or use, (b1) subject to subsection (3), land that is the subject of a conservation agreement (within the meaning of the National Parks and Wildlife Act 1974 ),
Page 131 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
RATING OF PRESCHOOLS (Cont.) (b2) land that is vested in, owned by, held on trust by or leased by the Nature Conservation Trust of New South Wales constituted by the Nature Conservation Trust Act 2001 , (e) land that belongs to a religious body and is occupied and used in connection with: (i) a church or other building used or occupied for public worship, or (ii) a building used or occupied solely as the residence of a minister of religion in connection with any such church or building, or (iii) a building used or occupied for the purpose of religious teaching or training, or (iv) a building used or occupied solely as the residence of the official head or the assistant official head (or both) of any religious body in the State or in any diocese within the State, (f) land that belongs to and is occupied and used in connection with a school (being a government school or non-government school within the meaning of the Education Reform Act 1990 or a school in respect of which a certificate of exemption under section 78 of that Act is in force), including: (i) a playground that belongs to and is used in connection with the school, and (ii) a building occupied as a residence by a teacher, employee or caretaker of the school that belongs to and is used in connection with the school, (g) land that is vested in the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council and is declared under Division 5 of Part 2 of the Aboriginal Land Rights Act 1983 to be exempt from payment of rates,
(2) Land is not rateable under subsection (1) (a) only because the land is leased by the Crown to a caretaker at a nominal rent.
(3) If land to which subsection (1) (b1) applies comprises part of a single parcel of land for rating purposes, that part is exempt from all rates. However, rates may be made and levied on the other part of that parcel proportionately.
(4) Land that is a lot in a strata plan registered under the Strata Schemes (Leasehold Development) Act 1986 is taken, for the purposes of subsection (1) (e), (f), (g) and (g1), to belong to or be vested in the lessee (within the meaning of that Act) of the lot and not the lessor (within the meaning of that Act), unless the lessor is the lessee for the purposes of that Act.”
Section 555(f) identifies land that is exempt in connection with a school under the meaning of the Education Reform Act 1990. The Education Reform Act 1990 is for the education of children of or above the age of 6 and below the age of 15 to cause the child to be enrolled at a government school or registered non- government school or to be registered for home schooling.
A Preschool does not fall under the Education Reform Act 1990 and does not fall under any other category in Section 555 of the Local Government Act, 1993.
As a Preschool does not fall under Section 555, Preschools becomes rateable. Under the Local Government Act 1993 a property can only be rated as farmland, mining, residential or business.
A Preschool does not fall within the legislation requirements of farmland, mining or residential. It then falls as a property to be rated as business. Under Section 518 Page 132 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
RATING OF PRESCHOOLS (Cont.) of the Local Government Act, 1993, “Land is to be categorised as “business” if it cannot be categorised as farmland, mining or residential”. Council has no alternative but to rate the affected properties.
Council acknowledges the service the Preschool provides to the community. The overall cost of running a Preschool which includes salaries, electricity, phone and equipment for the Preschool is borne by the parents. This includes the rates and garbage charges for the Preschool. Council has adjusted the commercial garbage charge applicable to Preschools that it will only apply for the period that the Preschool is open, which is 41 weeks per year. However, Council is not in a position to make Preschools non-rateable or exempt from rates. The legislation is very clear that Preschools are rateable.
FINANCIAL IMPLICATIONS The rating of Preschools forms part of the Permissible Income of Council from rates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 133 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.4.3 DISCLOSURE OF INTEREST RETURNS
File No: 35/1/2 & 35/1/3
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Matthew Ryan Corporate Documents Coordinator
EXECUTIVE SUMMARY This report presents the annual disclosure of interest returns required from Councillors and designated officers for the period 1 July 2005 to 30 June 2006.
OFFICER'S RECOMMENDATION THAT the Disclosure of Interest Returns, as tabled, be received and noted.
REPORT Section 449 (3) of the local Government Act, 1993 requires Councillors and designated persons holding the position at 30 June in any year to complete and lodge a Disclosure of Interest Return. Returns must be submitted to the General Manager within 3 months of end of June on the prescribed form.
All such returns for Councillors and designated persons for the period 1 July 2005 to 30 June 2006 have been received and tabled as required by the Act.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council’s adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATURORY IMPLICATIONS The requirements on the Local Government Act 1993 have been met.
Page 134 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.4.4 PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS
File No: 35/1 & 35/7
Attachments (1): Draft Policy
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY The Department of Local Government has issued guidelines to assist Councils in the review and preparation of policies on the payment of expenses and the provision of facilities for Mayors and Councillors. Section 252 of the Local Government Act 1993 requires Councils to adopt or amend a policy annually for the payment of expenses and the provision of facilities for the Mayor and Councillors. A review has been undertaken of the current policy and a draft policy to be placed on exhibition for 28 days is attached.
OFFICER'S RECOMMENDATION THAT the draft policy “Payment of Expenses and Provision of Facilities to Councillors” be placed on exhibition for 28 days.
REPORT This report is to advise Council that the Department of Local Government have released Guidelines to assist in the review and preparation of the policy on the payment of expenses and the provision of facilities for Mayors and Councillors. The guidelines have been prepared following extensive consultation with the Local Government and Shires Association of NSW.
The Guidelines have been adopted under the provisions of sections 23A and 252(5) of the Local Government Act 1993 as Director General’s Guidelines. As such, councils must comply with these Guidelines when preparing and adopting an expenses and facilities policy under sections 252-254 of the Act.
The aims of the Guidelines are to:
• clarify issues in regard to the scope and extent of the expenses that may be claimed by, and equipment and facilities provided to, Mayors and Councillors so that these are reasonable and appropriate
• ensure a level of consistency in the content of council policies
Page 135 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS (Cont.) • provide direction for new reporting requirements as required by the Department of Local Government.
These Guidelines set out certain principles and discuss relevant issues to assist councils with the making of their expenses and facilities policies.
The overriding principle to be addressed in the development of an expenses and facilities policy is that the provisions made by the policy in regard to benefits to Councillors are acceptable to and meet the expectations of the local community
It should be noted that proposed amendments to Clause 217 of the Local Government (General) Regulation 2005 will require councils to include additional reporting of various types of Councillor expenses in their annual reports.
These Guidelines replace the Department’s Circular to Councils 04/60 – Policy on payment of expenses and provision of facilities to the Mayor, Deputy Mayor and other Councillors.
The Department of Local Government has prepared changes in regard to reporting of these expenses and facilities to Councillors. These are listed below:
Existing requirements
Section 428 of the Local Government Act 1993 requires councils to include in their annual report:
• the council’s policy on the provision of facilities for, and the payment of expenses to, Mayors and Councillors
• the total amount of money expended during the year on providing those facilities and paying those expenses
• additional information as required by the Local Government (General) Regulation 2005.
Proposed requirements
(Proposed) amendments to clause 217 of the Local Government (General) Regulation 2005 require councils to include additional reporting information in their annual reports.
The additional reporting information required is for the purposes of transparency and accountability and should not be seen as a disincentive for the payment of appropriate expenses to Councillors.
Note that the final details of the required reporting requirements have not yet been determined. The following represents a recommended approach.
Page 136 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS (Cont.) Councils are required to report separately on:
• the total cost of expenses and the provision of facilities for the Mayor and all Councillors, as well as:
Expenses
• the cost of phone calls including mobiles, home located landlines, facsimile and internet services
• spouse/ partner/ accompanying person expenses
• conference and seminar expenses
• training and skill development expenses
• interstate travel expenses
• overseas travel expenses
• care and other related expenses
Provision of facilities
• the cost of the provision, including rental, of dedicated office equipment allocated to Councillors on a personal basis such as laptop computers, mobile phones, telephones and facsimile machines and internet installed in the Councillors’ homes. This item does not include the costs of using this equipment, such as calls.
The Local Government Act 1993 sets out the criteria for the timing of the annual review of the policy and the advertising of the policy. The relevant legislation is set out below.
Section 252 states:
(1) Within 5 months after the end of each year, a council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor (if there is one) and the other Councillors in relation to discharging the functions of civic office.
(2) The policy may provide for fees payable under this Division to be reduced by an amount representing the private benefit to the Mayor or a Councillor of a facility provided by the council to the Mayor or Councillor.
(3) A council must not pay any expenses incurred or to be incurred by, or provide any facilities to, the s, the Deputy Mayor (if there is one) or a Councillor otherwise than in accordance with a policy under this section.
(4) A council may from time to time amend a policy under this section.
Page 137 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS (Cont.) (5) A policy under this section must comply with the provisions of this Act, the regulations and any relevant guidelines issued under section 23A.
Section 253 specifies actions that council must undertake before a policy concerning expenses and facilities can be adopted or amended.
Section 253 states:
(1) A council must give public notice of its intention to adopt or amend a policy for the payment of expenses or provision of facilities allowing at least 28 days for the making of public submissions.
(2) Before adopting or amending the policy, the council must consider any submissions made within the time allowed for submissions and make any appropriate changes to the draft policy or amendment.
(3) Despite subsections (1) and (2), a council need not give public notice of a proposed amendment to its policy for the payment of expenses or provision of facilities if the council is of the opinion that the proposed amendment is not substantial.
(4) Within 28 days after adopting a policy or making an amendment to a policy for which public notice is required to be given under this section, a council is to forward to the Director-General:
(a) a copy of the policy or amendment together with details of all submissions received in accordance with subsection (1), and
(b) a statement setting out, for each submission, the council’s response to the submission and the reasons for the council’s response, and
(c) a copy of the notice given under subsection (1).
(5) A council must comply with this section when proposing to adopt a policy each year in accordance with section 252 (1) even if the council proposes to adopt a policy that is the same as its existing policy.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 138 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS (Cont.)
Officers Reports
PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS
Draft Policy Document
Meeting Date: 26 September 2006
Attachment No : 1
Number of Pages : 1
Page 139 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS (Cont.)
POLICY GROUP NAME (COUNCIL MATTERS)
PAYMENT OF EXPENSES AND PROVISION OF Policy Name: FACILITIES TO COUNCILLORS
File Number: 35/1 & 35/7
Date Created: 26 September 2006
Committee Approval N/A Date/s:
Date Approved: DRAFT POLICY
Policy Review Date: As needed
Business Group: Finance & Administration
Responsible Officer: Group Manager Finance & Administration
Further Information:
To comply with the provisions of Section 252 of the Local Government Act, 1993 and provide for the Objective: payment of expenses incurred or to be incurred by, and the provision of facilities to, the Mayor and Councillors in relation to discharging the functions of civic office.
PURPOSE OF THE POLICY
The purpose of the policy is to ensure that there is accountability and transparency in the reimbursement of expenses incurred or to be incurred by councillors. The policy also ensures that the facilities provided to assist councillors to carry out their civic duties are reasonable.
1 EXPENSES
1.1 Official Engagement and Functions within the City
Council will be responsible for the expenses of the Mayor and his or her partner/spouse/accompanying person to attend official engagements where the Mayor has been invested as a representative of the Council. This will also include the Deputy Mayor or any Councillor who are deputising for the Mayor or have been authorised by the Council. Where the Mayor is a patron of any organisation, the Council will donate up to $50 a year to that organisation.
1.2 Councillor Professional Development & Industry Participation
All Councillors will be allocated the sum of $4,000, annually, subject to review by Council in conjunction with the Annual Management Plan, to
Page 140 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS (Cont.) specifically provide for the professional development of Councillors and/or participation in any of the following:
• Conference (including the Annual LGA Conference) and seminars • Councillor professional development and training programs • Elected member courses • Local Government and Shires Association Industry Working Groups
It will be necessary for the Council to authorise the participation of Councillors at Conferences by way of a resolution of an Ordinary Meeting of the Council. Attendance by Councillors at Training Sessions or Seminars will be authorised by the General Manager. All expenses in connection with these Conferences and Seminars will be met from their Professional Development Allocation. The costs will include registration, travel, meals and accommodation, any extra costs such as tours will be met by the Councillor.
Amounts remaining unexpended as at 30 June each year will expire and any unexpended amounts will not be carried over or available for expenditure in successive years.
After returning from a conference, Councillors or a member of staff accompanying the Councillors will provide a written report to Council on the aspects of the conference relevant to Council business and/or the community. No written report is required for the Annual Conference of the Local Government & Shires Association.
1.3 Section 355 Committees
Councillors elected or appointed to Section 355 committees and who wish to attend the Annual Conference associated with the function exercised by the Committee may do so from the resources allocated under Clause 1.2.
Subject to authorisation by Council, Council will be responsible for the payment of expenses of persons, excluding Councillors, who are members of Committees established under Section 355 of the Local Government Act 1993 attending the annual Conference associated with the function exercised by the Committee, subject to the provision of an annual budget allocation for this purpose and in accordance with the Committee’s adopted Constitution.
2 FACILITIES
2.1 Stationery
Council will provide, upon request, the following stationery to Councillors to be used only on Council business:
• Writing pads • Envelopes • Box Files • Writing pens • Diary • Year Planner Page 141 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS (Cont.) • Educational and promotional material and gifts
2.2 Postage
Council will provide Councillors with postage facilities where the communication being posted is in discharge of the Councillor’s functions of civic office.
2.3 Training
Council will conduct training programs for Councillors as is appropriate for the effective discharge of functions of civic office. Such training programs will be conducted by Council’s own staff and external service providers will be engaged when and where required.
2.4 Resource Centre and Office Accommodation
The Councillor’s Room will be available to Councillors as a Resource Centre and to meet with residents and use telephone facilities where multiple calls may be necessary in the discharge of Councillors’ functions of civic office. The following resources will be provided in the Councillor's Room to enable Councillors to undertake individual research:
• Local Government Act 1993 and related legislation. • Environmental Planning and Assessment Act 1979. • Maitland City Council Code of Conduct. • Code of Meeting Practice • Council Policy on communication between Councillors and Staff
Access to the Resource Centre will be available during normal office hours and special arrangements will be made for access outside normal office hours.
2.5 Access and Use of Facilities/Equipment
(i) A liquor cabinet located in or near the Councillor’s room maintained and stocked by Council for use in connection with Council meetings, official ceremonies or entertaining guests of the City;
(ii) Three (3) car parking spaces in the Council carpark at the rear of the Administration Centre; (iii) Use of Council photocopiers, telephones or computers in the course of the Councillor undertaking official business.
In addition to those facilities/equipment listed above, the Mayor will be provided with the following:
1. An office suitably furnished;
2. A car parking space underneath the Administration Building 285-287 High Street, Maitland;
3. Mayoral robes and chains;
Page 142 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS (Cont.) 4. A corporate credit card to meet expenses connected with the exercising of the role of Mayor in accordance with the Local government Act.
2.6 Use of Other Community Facilities
(i) If a Councillor were to use a meeting room other than a Council facility to meet with local ward residents, the Councillors would book the facility and then seek reimbursement back from Council.
(ii) Use of the facilities would have to be on an availability basis and not be used for Committee meetings, political meetings or any other purposes.
(iii) Councillors be allowed reimbursement for accessing Council facilities to enable the Councillor to meet with local ward residents up to a maximum of $200 per financial year.
3 PROVISION OF EQUIPMENT
Each Councillor will be provided with the following:
(i) Business cards subject to a maximum of 500 pa. Business cards of the Deputy Mayor will be appropriately titled;
(ii) Councillor letterhead subject to a maximum of 500 pa and 1 box of compact discs pa;
(iii) A name badge;
(iv) A laptop computer for the purposes of communication with Council and Council-related business.
(v) A telephone/facsimile transmission device (FAX) with installation (at the principal place of residence), rental, call and stationery costs (maximum of four (4) reams of copy paper and four (4) fax cartridges per annum) to be met by Council. In relation to call costs, the following will be met by Council:
Mayor Up to $90 per month Deputy Mayor Up to $80 per month Councillor Up to $70 per month
A mobile telephone to be provided for each Councillor to a standard equivalent to that of the Group Managers which includes a car kit or personal hands free equipment and the allowance be capped at $60 per month.
Where a Councillor opts to utilise his/her own personal mobile telephone for Council business, Council will meet such costs up to $80 per month.
Where a Councillor provides their own telephone fax line for the Council fax machine, Council will reimburse the rental of that line equivalent to the amount charged to Council for the fax line to other Councillors homes. This rental must be claimed by the Councillor within the specific period of three months.
Page 143 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS (Cont.) (vi) Provision of an allowance of $40.00 per month as a contribution towards internet access and usage, in accordance with Council’s Internet Protocol.
In addition to the equipment listed above the Mayor will be provided with the following:
(i) A prestige motor vehicle for his/her civic duties and personal use. In the absence of the vehicle, and while in the course of his/her civic duties, the Mayor is to be entitled to a travelling allowance equal to the Local Government Award. Other than in the case of an emergency the vehicle may only be driven by the Mayor, an authorised officer of the Council, or the Mayor’s partner or spouse;
(ii) A mobile phone with rental and call charges to be met by Council;
(iii) Business cards subject to a maximum of 750 per annum.
Provided always that the equipment mentioned above remains the property of Council and is to be returned to Council upon a Councillor or the Mayor ceasing to hold office.
Where the Deputy Mayor or another Councillor officially represents the Mayor or Civic Duties, the attendance costs of such representation shall be met by Council.
The option will be available to Councillors, that at the cessation of their duties, the Councillor may purchase any equipment previously allotted to them at an agreed fair market price or written down value.
4. ADMINISTRATIVE SUPPORT
The Mayor will be provided with a suitably qualified and experienced full-time Executive Assistant.
Councillors will be provided with word processing support in relation to official correspondence through the Executive Assistants to the General Manager and Mayor.
5. INSURANCE
Council will provide for the insurance of a Councillor against personal injury, whether fatal or not, arising out of, or in the course of carrying out duties as a Councillor, or from the attendance by a Councillor at functions in, his/her capacity as a member of Council.
Council will meet the cost of loss or damage (subject to the provisions below) to a motor vehicle belonging to a Councillor whilst such motor vehicle is being used by the Councillor attending meetings of the Council or a Committee of the Council. Also, where a Councillor is in attendance at any function or conference where Council has authorised the attendance of the Councillor by resolution, the provisions of this policy will apply; Provided that:
(i) Councillors are responsible for comprehensive insurance of their motor vehicle to a value commensurate with the ‘market value’ or ‘agreed insurance value’ of the motor vehicle. Council will pay a Councillor compensation for any amount not paid by the motor vehicle insurer for loss or damage up to the ‘market value’ or ‘agreed insurance value’ of the motor
Page 144 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS (Cont.) vehicle. Generally this will be the amount of any unrecoverable insurance policy excess.
(ii) The motor vehicle covered by this policy must have been under the control of the Councillor at the time of the loss or damage.
(iii) Details of the loss or damage and the circumstances that gave rise to the loss or damage must be reported to the General Manager as soon as possible.
Council will pay the cost of a hire vehicle, of similar type and size, to replace a Councillor’s motor vehicle, (that has suffered loss or damage while engaged on official business as described above), while such motor vehicle is unusable due to the loss or damage, until the Councillor takes delivery of his/her repaired or replacement motor vehicle; Provided that::
(i) Council will meet the cost of the hire motor vehicle for a maximum period of three weeks. Any request for an extension to this period of time will be considered and determined for approval or disapproval by the General Manager.
6. SUSTENANCE/MEALS
Councillors are entitled to a meal and sustenance on Council Meeting evenings or at any official ceremony authorised by Council or the Mayor.
7. LEGAL
In the event of:
(a) any inquiry, investigation or hearing by any of:
(i) the Independent Commission Against Corruption; (ii) the Office of the Ombudsman; (iii) the Department of Local Government and co-operatives; (iv) the Police Prosecutions; (v) the Local Government Pecuniary Interest Tribunal; (vi) Administrative Decisions Tribunal
into the conduct of a Councillor; or
(b) legal proceedings being taken against a Councillor, arising out of or in connection with the Councillor’s performance of his or her civic duties or exercise of his or her functions as a Councillor,
Council will reimburse such Councillor, after the conclusion of the inquiry, investigation, hearing or proceeding, for all legal expenses properly and reasonably incurred, given the nature of the inquiry, investigation, hearing or proceeding, on a solicitor/client basis, provided that:
(i) the amount of such reimbursement is to be reduced by the amount of any moneys that may be or are recouped by the Councillor on any basis;
Page 145 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS (Cont.) (ii) in the opinion of the Council the inquiry, investigation, hearing or proceeding results in a finding substantially favourable to the Councillor; and
(iii) the Council authorising the reimbursement by resolution.
8. CORPORATE WARDROBE
Councillors will be paid the following amount to assist in the purchase of approved Council corporate wardrobe:
Up to 50% of the cost of the wardrobe purchased capped at:
Mayor - $440 per annum (includes GST) Councillors - $330 per annum (includes GST)
The balance of cost of selected corporate wardrobe shall be met by each Councillor.
All councillors will be supplied with two Maitland City Council neck ties or scarves.
9. EXPENSE ALLOWANCES
Councillors will be paid travelling and childcare for expenses incurred in the relation to:
(a) attendance at meetings of the Council; (b) attendance at other meetings duly authorised by the Council; (c) inspections within or outside the area in compliance with a Council resolution.
Travelling
The allowance paid is to be calculated as follows:
(i) Where the mode of transport is by Council motor vehicle all fuel and other running expenses incurred by the Councillor. (ii) Where the mode of transport is by the Councillor’s own vehicle, a per kilometre allowance in accordance with the Local Government (State) Award as it pertains to senior officers. (iii) Where the mode of transport is by air, an economy class airfare both intra and inter-state. For any international travel the airfare will be business class. (iv) Where the mode of transport is by rail, a first-class fare both intra and inter- state.
A driver is personally responsible for all traffic and parking fines incurred whilst travelling in private or Council vehicles on Council business.
Childcare and Carer Reimbursement
A Councillor is to be entitled to the reimbursement of childcare or carer expenses in an amount of $25.00 per hour subject to:
Page 146 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
PAYMENT OF EXPENSES AND PROVISION OF FACILITIES TO COUNCILLORS (Cont.) (i) maximum entitlement of $1,500 per annum; (ii) documentary evidence of the expense being submitted to the General Manager.
Note: A carer would be for the care of elderly, disabled and/or sick immediate family members of the Councillor to undertake their Council business obligations.
Overseas and Interstate Travel
Where Councillors travel interstate or overseas, Councillors are to ensure compliance with Council’s adopted policy for Interstate and Overseas travel.
Frequent Flyer Points
Frequent flyer points that accrue to a councillor as a result of undertaking Council business at ratepayers expense, are to be accrued to the benefit of Council and can only be redeemed to secure tickets for further official travel on behalf of Council.
Note 1:
Any claim by a Councillor for reimbursement of any expense (eg travelling, phone, childcare etc) must be claimed within 3 months of the expense being incurred.
For example: If a Councillor has travelling expenses in August 2004, the Councillor can only submit a claim for reimbursement by 30 November 2004. A claim submitted after this date, being three months, will be ineligible for payment.
Councillors will be provided with claim forms for each month and it is the responsibility of the Councillors to submit the claim form by the relevant date to either the Group Manager Finance & Administration or the Executive Assistant to the Mayor or the Executive Assistant to the General Manager.
Note 2:
Reasonable out of pocket or incidental expenses associated with attending conferences, seminars or training courses that Councillors incur may be reimbursed upon the presentation of official receipts and the completion of the necessary claim forms.
Incidental expenses would include but not be limited to telephone and facsimile calls, refreshments, internet charges, laundry and dry cleaning, newspapers, taxi fares and parking fees. There would be a limit of $50 per day per Councillor for these expenses to be claimed from Council on the necessary form.
In addition the cost of meals not included in the registration fees for conferences, seminars or similar functions will be reimbursed after being claimed from Council on the necessary form.
All claims for reimbursement must have a Tax Invoice attached. In cases of claims for travel by public transport a written claim by the Councillor would be sufficient when a ticket has not been issued but surrendered at the destination.
Page 147 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
9.4.5 AFFIXING OF COMMON SEAL
File No: 35/5/4
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY Council at its meeting of 8 August 2006 resolved to confer the honour of Freedom of Entry to the City of Maitland upon the Ship’s Company of HMAS Maitland to be commissioned in Newcastle on 29 September 2006. This reports seeks approval to affix the Common Seal of Council to the Freedom of Entry Scroll document.
OFFICER'S RECOMMENDATION THAT Council affix the Common Seal of Council to the Freedom of Entry document.
REPORT Council at its meeting of 8 August 2006 resolved to confer the honour of Freedom of Entry to the City of Maitland upon the Ship’s Company of HMAS Maitland to be commissioned in Newcastle on 29 September 2006.
A ceremony granting Freedom of Entry to the City of Maitland is to be held on Saturday 30 September, 2006 in Maitland. The ceremony involves a street march and handing over of the scroll conferring Freedom of Entry on the Ship’s Company of HMAS Maitland.
This reports seeks approval to affix the Common Seal of Council to the Freedom of Entry Scroll document.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 148 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
10 ITEMS FOR INFORMATION
10.1 CORRESPONDENCE ANALYSIS
File No: 35/61
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Matthew Ryan Corporate Documents Coordinator
EXECUTIVE SUMMARY This report contains valuable information in relation to Council’s outstanding correspondence. The report is a valuable management tool within the organisation & provides information in relation to the guidelines for replying to correspondence.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT DOCUMENT FLOW TOTAL Number of Documents Received August 2006 2585 TOTAL Number of Documents Sent August 2006 2754 Note 1: The figures shown above relate to all documents received and sent by Council and include all property applications and items for information.
ACTIONABLE DOCUMENTS OUTSTANDING TOTAL Outstanding Over 30 Days 31/7/2006 127 PLUS Actionable Items Received August 2006 42 LESS Outstanding Items Actioned August 2006 87 TOTAL Number of Outstanding Documents 31/8/2006 82 Over 30 Days Note 2: Many of the documents received by Council are dealt with by formal processes, such as Development Applications. Council processes will trigger the necessary action, whether it is a response to a developer or result of a tender. These items are not included in this table. This table relates to documents that do not have a formal process and therefore acts as a safety net for actionable correspondence.
Page 149 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Correspondence Analysis (Cont.)
ACTIONABLE DOCUMENTS BY CATEGORY • Approvals 24
• Customer Service Requests 5 • General 38 • Works/Projects 13 • Rating 2 TOTAL Outstanding Over 30 Days 31/8/2006 82 Note 3: This table is a further dissection of the actionable documents. The full implementation of the Electronic Document Management System will provide an enhanced reporting facility.
Page 150 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
10.2 MONTHLY FINANCIAL REPORT - AUGUST 2006
File No: 35/53
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Phil Freeman Manager Accounting Services
EXECUTIVE SUMMARY This report contains relevant performance data for Council. Besides being a valuable management tool, it is a performance reporting mechanism to the general community.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT The Income Statement shows a surplus to the end of August 2006 of $26,623,000, as Council’s rates and annual charges are levied, and shown as income, in July each year.
The Balance Sheet shows that Council has net assets totalling $478,763,000.
Page 151 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MONTHLY FINANCIAL REPORT - AUGUST 2006 (Cont.)
Page 152 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
MONTHLY FINANCIAL REPORT - AUGUST 2006 (Cont.)
Page 153 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
10.3 BROCHURE - LOBBYING LOCAL GOVERNMENT COUNCILLORS
File No: 35/51
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY The Independent Commission Against Corruption have issued a brochure entitled “Lobbying – Local Government Councillors”. A copy of the brochure is attached for Councillors to be informed of what ICAC (Independent Commission Against Corruption) considers the best practice in the area of lobbying.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT The Independent Commission Against Corruption have issued a brochure entitled “Lobbying – Local government Councillors”. This brochure has been produced to inform councillors, the community and other interested stakeholders about what the Independent Commission Against Corruption considers the best practice in the area of lobbying. A copy of the brochure is attached and additional copies can be downloaded from the ICAC website at www.icac.nsw.gov.au.
Page 154 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
BROCHURE - LOBBYING LOCAL GOVERNMENT COUNCILLORS (Cont.)
Page 155 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
BROCHURE - LOBBYING LOCAL GOVERNMENT COUNCILLORS (Cont.)
Page 156 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
BROCHURE - LOBBYING LOCAL GOVERNMENT COUNCILLORS (Cont.)
Page 157 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
10.4 HUNTER COUNCILS INC
File No: 77/1
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY A copy of the minutes of the Hunter Councils Board Meeting, held on 31 August 2006 is attached for the information of Council and the community.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT At the Hunter Councils Board meeting and review held on 31 August 2006, delegates undertook to facilitate active communication between Hunter Councils and their respective Councils. A copy of the minutes from that meeting is attached.
Page 158 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
HUNTER COUNCILS INC (Cont.)
Hunter Councils Inc Draft minutes of Board Meeting Thursday 31st August 2006
Council Chambers, Singleton Council, Queen St., Singleton NSW 2330
Attendance
Delegates
Cr Helen Brown Port Stephens Council Cr Jeff Maybury Cessnock City Council Cr John Colvin Muswellbrook Shire Council Cr John Douglas Muswellbrook Shire Council Cr. Sonia Hornery Newcastle City Council Cr Steve Low AM Dungog Shire Council Cr Peter Blackmore Maitland City Council (Chair) Cr Julie Lyford Gloucester Shire Council Cr Keith Parson Newcastle City Council Cr. Geoff Robinson Port Stephens Council Cr Ian McKenzie Newcastle City Council Cr Glenn Wall Dungog Shire Council Cr Bob Geoghan Maitland City Council Cr Barry Johnston Lake Macquarie City Council Cr Nat Doonan Upper Hunter Shire Council
General Managers
Mr Bernie Mortomore Cessnock City Council Mr Norm McLeod Gloucester Shire Council Mr Craig Deasey Dungog Shire Council Mr Steve McGrath Singleton Shire Council Mr David Evans Maitland City Council Mr Daryl Dutton Upper Hunter Shire Council Mr Peter Gesling Port Stephens Council
Staff
Dr Barbara Penson Ms Meredith Laing
Page 159 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
HUNTER COUNCILS INC (Cont.)
Apologies
Cr John Tate Newcastle City Council Ms Janet Dore Newcastle City council Cr Fred Harvison Singleton Council Cr Tony McNamara Singleton Council Cr Vicki Woods Maitland City Council Cr Paul Scarfe Lake Macquarie City Council Cr Mercia Buck Lake Macquarie City Council Mr Steve Mc Donald Muswellbrook Shire Council Cr Margaret Flannery Dungog Shire Council Cr Barry Ryan Gloucester Shire Council Cr Barry Rose Upper Hunter Shire Council Cr Greg Piper Lake Macquarie City Council Mr Brian Bell Lake Macquarie City Council Cr Craig Bauman Port Stephens Council Cr John Clarence Cessnock City Council Cr John Chadban Great Lakes Council
The apologies were accepted
• ITEM 1 WELCOME The Chairman welcomed Board members to the meeting
• ITEM 2 ADOPTION OF PREVIOUS MINUTES The minutes of the meeting held 1 June 2006 were accepted as true and correct
Moved: Cr John Douglas Seconded: Cr Jeff Maybury Carried
• ITEM 3 PRESENTATION Dr Wej Paradice, Catchment Management Authority
Presentation attached.
In response to questions from the floor, Dr Paradice:
- Undertook to further investigate the conflicts and challenges that have arisen from the amendments to the Native Vegetation Act in relation to the dual consent role of the CMA and Councils - Noted that Hunter Councils are coordinating a Native Vegetation Working Group which comprises Council and CMA staff who have almost completed a set of protocols to assist with this issue - Clarified the roles of Local Government Reference Group and the Community Reference Group and that money collected in the Hunter is spent on the Hunter. - Clarified that $70,000 has been allocated to Hunter Councils to help address the Salvinia issue in Wollombi Brook
Page 160 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
HUNTER COUNCILS INC (Cont.)
• ITEM 4 BUSINESS ARISING FROM THE MINUTES
Item 4.1 Ministerial Advisory Committee Cr S Lowe reported that he had been required to give an undertaking that matters discussed within the Advisory Committee would remain confidential. However, he was pleased to advise that this is another opportunity to put Local Government views before the Minister.
Item 4.2 HNEAH Advisory Group Cr Greg Piper is an apology for this meeting and therefore no report was available.
Item 4.3 Environmental Sustainability Futures. Cr John Colvin advised that the Report submitted by the Environment Division met the requirements of his council. He commended Hunter Councils for the range of sustainability initiatives being undertaken by the Environment Division and the opportunities that might arise from the Tom Farrell Institute.
Item 4.4 Noxious Weeds As requested by the Board at the last meeting, a letter had been forwarded to the Minister. No response has been received to date.
Item 4.5 Local Government Reference Group Explanatory report attached to agenda and the issue was also addressed by Dr Paradice.
• ITEM 5 COMMUNITY UPDATES
Item 5.1 Westpac Helicopter It was noted that Westpac would prefer a representative from up the Valley. Cr Ian McKenzie withdrew his nomination. The meeting moved that the election should be confirmed through a show of hands and that the successful nominee should be in a position to make reports to Hunter Councils Board.
An election was conducted by the Chair and Margaret Flannery was elected.
Hunter Councils to prepare a protocol for nominations of Board representatives to community positions.
Item 5.2 Hunter Regional Tourism Organisation There was no additional information as the Board meeting has been postponed. Hunter Tourism Awards will be held on Thursday 7th September at Western Suburbs Leagues Club.
Item 5.3 Community Relations Commission Cr Helen Brown reiterated that she was no longer a Commission member as the position had lapsed. Hunter Councils requested to follow up with the Commission and recommend that a community representative be nominated.
Page 161 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
HUNTER COUNCILS INC (Cont.) • ITEM 6. FINANCE REPORT The CEO presented the unaudited financial report for 2005/06 noting a surplus of $211,240.00
Moved: Cr. Steve Low Seconded: Cr. Geoff Robinson Carried
• ITEM 7 HUNTER COUNCILS LTD.
The Chairman of Hunter Councils Ltd. Mr Daryl Dutton reported on the business progress of the Hunter Records Storage. It is tracking the business plan and budget with several proposals under consideration by potential clients,
Mr Dutton also proposed that a cash loan up to $200,000 from Hunter Councils Inc be made available to Hunter Councils Ltd on an as needs basis.
Moved: Cr. Steve Low Seconded: Cr Jeff Maybury Carried
• ITEM 8 GENERAL BUSINESS
8.1 Regional Migration. It was noted that the proposal had not been endorsed by a council and therefore should be referred to GMAC for further research and advice to the Board. It was also agreed that the local skills shortage be addressed in a working paper prepared by Hunter Councils as an aspect of this item.
Moved: Cr. John Colvin Seconded: Cr Jeff Maybury Carried
8.2 Roads to Recovery Hunter Councils to make representation to the ALGA and the LGSA to write to all Mayors requesting that their councils ensure that the guidelines for the funding scheme are adhered to.
Moved: Cr S. Low Seconded: Cr Geoff Robinson Carried
8.3 Roads and Traffic Authority The Board requested that Hunter Councils extend an invitation to the Regional Director Jim Peachman to attend the next meeting of the Board to advise on progress of the F3 to Branxton project.
Carried
Page 162 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
HUNTER COUNCILS INC (Cont.) 8.4 Recreational Shooting in State Parks The Board requested that a representative of the Game Council of NSW be invited to the next meeting to make a presentation on this topic. Carried.
Next meeting Annual General Meeting Hunter Councils Inc
30th November 2006
Page 163 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
HUNTER COUNCILS INC (Cont.)
Attachment 1
CMA PRESENTATION
CHARACTERISTICS • 37,000 km2 • 1 million residents – 85% along the coast • 17 State electorates • 10 Federal electorates • 21 local government areas • 121 million tonnes raw coal (83% NSW) – 34 mines • 77.8 mt exported (2003-04) • 80% NSW electricity production • Value of horses on studs $720m - $1.4b • 632,000 tonnes Aluminium (34% of Aust) • Wine sales $273m (39.3mill litres)
LOCAL GOVERNMENTS • Port Macquarie Hastings* • Walcha* • Greater Taree • Gloucester • Great Lakes • Upper Hunter • Muswellbrook • Singleton • Dungog • Port Stephens • Maitland • Newcastle • Cessnock • Lake Macquarie • Wyong • Gosford • Mid-Western Regional* • Tamworth Regional* • Liverpool Plains* • Hawkesbury* • Warrumbungle*
Page 164 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
HUNTER COUNCILS INC (Cont.)
ELECTORATES • NSW
• Cessnock • Charlestown • Gosford • Lake Macquarie • Maitland • Myall Lakes • Newcastle • Oxley* • Peats • Port Macquarie • Port Stephens • Swansea • Tamworth* • The Entrance • Upper Hunter • Wallsend • Wyong
• AUSTRALIA
• Charlton • Dobell • Gwydir • Hunter • Lyne • New England* • Newcastle • Paterson • Robertson • Shortland
Page 165 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
HUNTER COUNCILS INC (Cont.)
NATURAL RESOURCES COMMISSION State Wide Targets – by 2015 Draft NSW State Plan
• Increase in native vegetation extent and improvement in condition • Increase in sustainable populations of native fauna • Increase in the recovery of threatened species, populations & ecological communities • Reduction in impact of invasive species • Improvement in riverine ecosystems • Improvement in groundwater to support GDE’s • No decline in condition of marine waters • Improvement in conditions of wetlands • Improvement in conditions of estuaries & coastal lakes • Improvement in soil condition • Increase in area of land managed within capability • Decisions contribute economic sustainability & social well being • Increase capacity of NRM’s to contribute
Page 166 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
HUNTER COUNCILS INC (Cont.)
The Standard
• Collection & use of knowledge • Determination of scale • Opportunities for collaboration • Community engagement • Risk assessment • Monitoring & evaluation • Information management
HCRCMA Reference Groups Hunter Community Reference Group
• Arthur Burns (C) • Julia Imrie (C) • Norma Brooks • Sue Clark • Frank Cosgrove (NCC) • Peter Dixon-Hughes • John Drinan • Linda Gant • John Kennedy • Andrew Martin • Margaret McMahon • Cr Susan Moore • David Newham • Michael Smith • Cr Stephen Thatcher • Bradley Warren
Page 167 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
HUNTER COUNCILS INC (Cont.)
HCR Aboriginal Cultural & Environmental Network (ACEN) – CMA Partnership Committee • Carol Ridgeway-Bissett (C) • John Weate (C) • Jodi Cameron • John Clark • Cheryl Kitchener • Mick Leon • Richard McGuiness • Beverley Manton • Zelma Moran • Lillian Moseley • Daniel Thorpe • John Thorpe • Graham Ward • Aleshia Lonsdale • Warranha Ngumbaay
Providing Community Support The CMA -
• Employs three Regional Facilitators to provide strategic planning, advice and training opportunities for community groups. • Developed a comprehensive Community Support Strategy. • Invested funds to provide 17 Community Support Officers (CSO’s) including two Aboriginal CSOs, who support community groups and individuals in planning on-ground projects. • Supports the employment of 3 Community Landcare Coordinators, funded by NLP, who work to achieve sustainable agriculture outcomes. • Employs a range of project-oriented technical and implementation staff, particularly in the areas of soils and vegetation.
Some Projects… • Hunter-Central Rivers Waterwatch Program • Hexham Swamp - Kooragang Rehabilitation Projects • Upper Hunter River Rehabilitation Initiative • Large Woody Debris Trials • Flood Mitigation Projects • Lake Macquarie Improvement Program • Wallis Lake Rural Incentive Scheme • Natural Resource & Environmental Education Projects • Integrated Urban Water Management • Roadside Environmental Strategy
Page 168 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
HUNTER COUNCILS INC (Cont.)
Conclusion CMA’s are to: oversee natural resource management at the regional level focus on delivering on-ground works increase the participation of local communities maximise total NRM investment, and ensure investments are strategic maximise the linkages / alignment between the land-use planning system and NRM
Page 169 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
10.5 KEY PERFORMANCE INDICATORS – AUGUST 2006
File No: 35/57
Responsible Officer: Leanne Harris Group Manager Planning & Regulation
Author: Melissa Allen Corporate Business Assistant
EXECUTIVE SUMMARY This report provides Council with information in relation to performance against key indicators.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT This report provides regular monthly data against a set of core key performance indicators.
These types of indicators align broadly with Council’s adopted Key Focus Areas and together provide an overall snapshot of activity in the Maitland Local Government Area.
The aim of such reporting is to present the data in an informative and easily understood manner, so that Council can easily determine trends and / or anomalies that may require action. It is also intended that this type of reporting will provide an opportunity to highlight any key issues of particular importance to Council.
Performance Indicator: Approval Statistics
Approval statistics provide an indication of the level of building and development activity in the LGA, as well as the efficiency and effectiveness of our processing systems.
Data is presented showing trends over the last twelve months for the number of applications (DAs and CCs) lodged with Council, the number approved and the number that remain outstanding. Median days and the estimated value of development and construction are also presented.
For the 12 month period of September 2005 through to August 2006, the average monthly number of lodged Development Applications was 120 and the average monthly number of applications approved was 121. In August 2006, there were 125 applications lodged and 144 applications approved. The number of applications on-hand has decreased to 291.
Page 170 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Key Performance Indicators (Cont.)
The Median Processing Times for Development Applications in August 2006 has increased to 28 days. The average Median Days for the twelve month period is 23 days.
For the 12 (twelve) month period September 2005 through to August 2006, the average monthly number of lodged Construction Certificates was 84 and the average monthly number of approved Construction Certificates was 84. In August 2006, there were 89 Construction Certificates lodged and 81 approved. There are currently 160 applications on-hand.
The Median Processing Times for Construction Certificates in August 2006 has increased to 17 days. The twelve month period is 14 days.
Page 171 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Key Performance Indicators (Cont.)
DAs - On-Hand, Lodged & Approved Applications
180 400 350 160 300 140 250 200 120 150 100 100 50 80 0
Sep-05 Oct-05 Nov-05 Dec-05 Jan-06 Feb-06 Mar-06 Apr-06 May-06 Jun-06 Jul-06 Aug-06 Lodged 130 123 111 112 92 113 127 102 144 152 112 125 Approved 137 106 166 90 97 125 116 108 106 129 133 144 On-Hand 321 331 275 294 288 274 279 274 311 334 311 291
DAs - Median Processing Times
35
30
25
20
15
10
5
0
Sep-05 Oct-05 Nov-05 Dec-05 Jan-06 Feb-06 Mar-06 Apr-06 May-06 Jun-06 Jul-06 Aug-06 Calendar Days 26 27 27 32 25 17 17 17 18 21 22 28
DAs - Estimated Value of Development
$30,000
$25,000
$20,000
$15,000 $'000s $10,000
$5,000
$0
Sep-05 Oct-05 Nov-05 Dec-05 Jan-06 Feb-06 Mar-06 Apr-06 May-06 Jun-06 Jul-06 Aug-06 Estimated Value $16,374 $9,841 $21,199 $24,508 $7,020 $28,007 $18,936 $13,096 $14,976 $12,763 $13,613 $14,385
Page 172 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Key Performance Indicators (Cont.)
CCs - On-Hand, Lodged & Approved Applications
120 200 180 100 160 80 140 120 60 100 80 40 Trendline 60 40 - 20 20 Approved 0 0
Sep-05 Oct-05 Nov-05 Dec-05 Jan-06 Feb-06 Mar-06 Apr-06 May-06 Jun-06 Jul-06 Aug-06 Lodged 114 103 85 71 63 85 87 66 86 95 63 89 Approved 114 111 110 51 70 86 81 74 76 75 82 81 On-Hand 186 177 134 153 144 143 150 142 151 172 152 160
CCs - Median Processing Times
25 Trend Line 20
15
10
5
0
Sep-05 Oct-05 Nov-05 Dec-05 Jan-06 Feb-06 Mar-06 Apr-06 May-06 Jun-06 Jul-06 Aug-06 Calendar Days 12 14 17 13 23 10 13 14 14 19 16 17
CCs Estimated Value of Construction
$12,000
$10,000
$8,000
$6,000 $'000s $4,000
$2,000
$0
Sep-05 Oct-05 Nov-05 Dec-05 Jan-06 Feb-06 Mar-06 Apr-06 May-06 Jun-06 Jul-06 Aug-06 Estimated Value $9,320 $10,178 $8,429 $4,586 $4,928 $5,176 $5,469 $10,356 $5,026 $5,557 $6,601 $5,008
Page 173 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Key Performance Indicators (Cont.) Performance Indicator: Consolidated Development Services Income
The following graph shows actual YTD consolidated Development Services income to August 2006.
YTD CONSOLIDATED DEVELOPMENT SERVICES INCOME 2006/2007
$2,000,000
$1,750,000
$1,500,000
$1,250,000
$1,000,000
$750,000
$500,000
$250,000
$0 J 06 A 06 S 06 O 06 N 06 D 06 J 07 F 07 M 07 A 07 M 07 J 07 Org Vote $148,500 $297,000 $445,500 $594,000 $742,500 $891,000 $1,039,500 $1,188,000 $1,336,500 $1,485,000 $1,633,500 $1,782,000 YTD $178,501.7 $333,423.7 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 3 Adj Vote $148,500 $297,000 $445,500 $594,000 $742,500 $891,000 $1,039,500 $1,188,000 $1,336,500 $1,485,000 $1,633,500 $1,782,000
Actual income is shown below.
MONTHLY CONSOLIDATED DEVELOPMENT SERVICES INCOME 2006/2007
$200,000.00
$175,000.00
$150,000.00
$125,000.00
$100,000.00
$75,000.00
$50,000.00
$25,000.00
$0.00 J 06 A 06 S 06 O 06 N 06 D 06 J 07 F 07 M 07 A 07 M 07 J 07 Actual $178,501.7$154,921.9 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4 9 AV Monthly $148,500 $148,500 $148,500 $148,500 $148,500 $148,500 $148,500 $148,500 $148,500 $148,500 $148,500 $148,500
Page 174 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Key Performance Indicators (Cont.) Performance Indicator: Patronage of Community Services
Patronage at Council’s libraries, art gallery and childhood immunization clinics are displayed graphically below to more clearly identify trends of usage at the various facilities.
Libraries
Overall patronage trends at Council’s libraries for the months June to August 2006 inclusive are higher to the patronage trends for the corresponding period last year. Total patronage for all libraries for this three month period was 3.00% higher than the corresponding period last year. The same comparison but on an individual library basis reveals the following comparisons:
City 9.62% lower East Maitland 18.06% higher Rutherford 8.62% lower Thornton 18.49% higher
LIBRARY VISITORS
25,000
20,000
15,000
10,000
5,000
0 Jun 2005 Jul 2005 Aug 2005 Jun 2006 Jul 2006 Aug 2006 Library Visitors City 6,949 7,094 8,084 7,146 6,969 5,884 East 5,460 5,534 5,572 6,082 6,618 6,857 Ruth 3,225 3,620 3,454 3,183 2,605 3,623 Thorn 3,006 3,211 3,416 3,314 4,503 3,597 Total 18,640 19,459 20,526 19,725 20,695 19,961
Page 175 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Key Performance Indicators (Cont.) Art Gallery
Total attendance for Maitland Regional Art Gallery (MRAG) for August 2006 was 1,333 with 656 general attendance, 473 for public programs and 204 for education programs.
The public programs for the month of August included a book launch, exhibition opening, members events as well as a sponsors function for the RANAMOK exhibition. There were weekly children’s workshops as well as adult art classes along with a number of school visits.
ART GALLERY VISITORS
2,500
2,000
1,500
1,000
500
0 Jun 2005 Jul 2005 Aug 2005 Jun 2006 Jul 2006 Aug 2006 Art Gallery Visitors Art Gallery Visitors 1,032 1,018 1,305 1,191 1,998 1,333
Page 176 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Key Performance Indicators (Cont.) Immunisation Clinics
Immunisation attendances which increased since the introduction of the national Childhood Pneumococcal Vaccination Program in January 2005, have plateaued and remained stable in recent months. As an immunisation provider, Maitland City Council will continue to administer this expanded program for the children of Maitland.
IMMUNISATION ATTENDANCES
80
70
60
50
40
30
20
10
0 Jun-05 Jul-05 Aug-05 Jun-06 Jul-06 Aug-06 Immunisation Attendances Thornton 15 15 13 14 14 16 Rutherford 29 16 29 30 35 33 Town Hall 20 20 24 9 20 15 Total 64 51 66 53 69 64
Page 177 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Key Performance Indicators (Cont.) Visitor Information Centre
The Maitland Visitor Information Centre enquiries for August 2006 totalled 13, 286 bringing the total number of Visitor Information Centre enquires for 2006 to 84,794. This figure represents an increase of over 34,000 from the same period in 2005.
All avenues of enquiry, excluding personal enquiries through the Maitland Visitor Information Centre have increased during August. The Maitland, Hunter Valley website www.maitlandhuntervalley.com.au has once again experienced significant growth, attracting an additional 1,825 web visitors than the July figure. The people who logged onto the website then viewed 43,740 pages within the website.
Initiatives for the month of August have included marketing within the Sydney Weekender magazine in conjunction with the development of accommodation and leisure packages with a series of Industry Partners. The provision of event development, design and print advice for the Maitland Black & White Committee’s Garden Ramble has continued throughout August and tickets for the event are now on sale. Marketing is also currently underway for the Cellar in the Cells event to be held in the Historic Maitland Gaol in early November and co-operative advertising with 20 Morpeth businesses commenced on 2HD and will run for a twelve month period.
VISITOR INFORMATION CENTRE ENQUIRIES
9,800
7,800
5,800
3,800
1,800
-200 Jun 2005 Jul 2005 Aug 2005 Jun 2006 Jul 2006 Aug 2006 Personal 3,778 3,634 3,404 2,770 3,180 2,853 Telephone 1,078 1,218 1,605 Mail 336 299 408 240 220 286 Internet 1,192 1,620 2,355 5,225 8,183 10,008
* Please note that due to system problems the telephone statistics were not available for this reporting period. These will be included as soon the statistics are available.
Page 178 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Key Performance Indicators (Cont.)
The Maitland, Hunter Valley on-line reservations system and associated marketing brand continues to experience a positive response. Bookings have shown further growth during August, totalling $5,798.00 of instantly confirmed and paid bookings being taken during the month.
The attached graph displays the total bookings taken for the month of August in combination with a monetary value and a breakdown of statistics relevant to the style of accommodation and number of nights booked. The Maitland Visitor Information Centre took a total of 24 bookings through the Book Easy system during the month of August, totalling 60 nights, with the City locality proving most popular.
VISITOR INFORMATION CENTRE ACCOMODATION BOOKINGS - August 2006
400 $8,000.00
300 $6,000.00 200
100 $4,000.00
0 $2,000.00 -100
-200 $0.00
May-06 Jun-06 Jul-06 Aug-06 Number of Nights 5 176361 Bookings 4 8 27 25 Total Cost $360.00 $1,390.00 $6,731.00 $5,928.00
Page 179 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Key Performance Indicators (Cont.) Maitland Gaol
Recently released National Visitor Survey figures indicate that the Australian domestic tourism market continues to be relatively static. With year to date figures indicating a 6.6% decline in trips taken nationally and an 8.3% decline in visitor nights. The decline was most substantial for intrastate travel, down 8.3% across Australia and down 8.5% for NSW. Interstate travel also declined, down 3.6% across Australia and down 6.6% for NSW.
The domestic tourism market is being impacted by a number of factors including the rise in interest rates and petrol prices. Combined with those factors, Australians are now joining a global trend towards overseas travel preference. In NSW this has translated to an additional 384,000 people traveling overseas rather than staying at home and holidaying in NSW.
The above trends and other factors including weather impacted negatively on Gaol visitation especially during August. It is anticipated that September visitation will return to better than average levels with forward bookings healthy for November and December.
Maitland Gaol Visitation Numbers
2500
2000
1500
1000
500
0 Jun-05 Jul-05 Aug-05 Jun-06 Jul-06 Aug-06 Visitors Visitors 1969 1959 1881 1789 2201 1348
Page 180 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Key Performance Indicators (Cont.) Performance Indicator: Food Premises Inspections
The number of inspections undertaken at Food Premises over the last 12 months is graphically presented below. The average number of monthly food premises inspections for this period was 16.3.
FOOD PREMISES INSPECTIONS
50
45
40
35
30
25
20
15
10
5
0 SONDJ 06F M AM J J A Inspections 0 17 12 5 2 14 7 23 24 25 23 44
Page 181 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Key Performance Indicators (Cont.) Performance Indicator: Customer Request System
The chart below shows data from 2005/06 for Council’s customer service request system. This system records and monitors complaints and requests from the community.
It should be noted that given the nature of some of the requests received (eg capital projects that may not form part of Council’s adopted rolling works program), resources available and the varying service levels set for differing types of requests, there will always be a certain level of outstanding items in the system.
Customer Request System
1000 900 800 800 700 600 600 Received 500 completed 400 400 outstanding 300 200 200 100 0 0 Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- 05 05 05 05 06 06 06 06 06 06 06 06 Received 669 630 839 559 773 680 818 615 856 701 798 858 completed 752 585 803 651 657 695 713 667 908 741 835 849 outstanding 711 709 704 591 696 672 768 678 596 552 484 486
Page 182 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
Key Performance Indicators (Cont.) Performance Indicator: Rates Collections
As at 30th June 2006, 5.02% of rates levied for the 2005 / 2006 year remained uncollected. (In comparison, as at 30th June 2005, 4.98% of the rates levied for the 2004 /2005 year remained uncollected). The graph below shows the reductions achieved per month in the percentage of rates in arrears. Remaining arrears continue to be pursued through Council’s debt recovery agency and by Council’s debt recovery officer.
Percentage of Rates in Arrears
5.00%
4.00%
3.00%
2.00%
1.00%
0.00% Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June Fin Year 2004/05 4.90% 4.20% 3.60% 3.20% 2.90% 2.64% 2.46% 2.32% 2.00% 1.80% 1.70% 1.61% 1.52% Fin Year 2005/06 4.98% 4.08% 3.47% 3.11% 2.79% 2.46% 2.27% 2.01% 1.80% 1.65% 1.55% 1.46% 1.33% Fin Year 2006/07 5.02% 4.28% 3.87%
Page 183 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
11 NOTICE OF MOTION/RESCISSION
11.1 COUNCIL PROPERTY NOTICE OF MOTION SUBMITTED BY CLR TONY KEATING
File No: PR16482
Responsible Officer: Leanne Harris Group Manager Planning & Environment
Clr Tony Keating has indicated his intention to move the following Notice of Motion at the next Ordinary Meeting of Council on 26 September 2006, as follows:
That: Council’s Property Group investigate, consider and make a recommendation on the merits of re-classifying from community to operational land the vacant block and adjoining laneway at 30 Greenhills Avenue, Woodberry.
The consideration to be made in the context of the perceived community benefits that could accrue from the re-classification and associated re-classification of the pedestrian laneway that links Greenhills Avenue and Lawson Avenue, in Woodberry.
COMMENT BY GROUP MANAGER Council officers can commence investigations into the possible merits of a reclassification process however such a process is often best undertaken as part of a broader plan where the total needs of the community in terms of public land patterns and relationships are thoroughly investigated.
Reclassification of Council owned land from ‘community’ to ‘operational’ requires a formal change to the land’s status through a Local Environmental Plan.
A recent Planning Circular from the Department of Planning indicates a reluctance to deal with one-off draft Local Environmental Plans (or ‘spot rezonings’) on an ad- hoc basis, unless there is significant justification for the matter. The circular specifically advises:
“In the case of reclassification of Council land, a Council may decide that reclassifying several sites together is the proper approach to enable the strategic direction for Council’s land management to be understood and scrutinised”.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
Page 184 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
COUNCIL PROPERTY - NOTICE OF MOTION SUBMITTED BY Clr Tony Keating (Cont.) POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 185 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
11.2 REDUCTION IN GREENHOUSE EMISSIONS NOTICE OF MOTION SUBMITTED BY CLR WENDY WHITE
File No: 32/18
Responsible Officer: Leanne Harris Group Manager Planning & Regulation
Clr Wendy White has indicated her intention to move the following Notice of Motion at the next Ordinary of Council on 26 September 2006, as follows:
THAT in the light of growing concerns about global warming and the need for urgent reductions in greenhouse emissions world wide, Maitland Council;
1. expresses its opposition to the development of new coal mines in the Hunter Valley because of their contribution to greenhouse gas emissions and the impact that global warming will have on the health, wellbeing and safety of the residents of the LGA.
2. In particular expresses its opposition to the proposed Anvil hill open-cut mine ( Located west of Muswellbrook) because *the approximately 10 million tonnes of coal it will produce each year will significantly contribute to global warming and to driving further growth in the coal industry, and *the mine will destroy important and unique ecological communities.
3. calls on the NSW government to introduce significant mandatory renewable energy targets which would lead to reduced greenhouse emissions and the creation of many new jobs
4. requests the General Manager to write to the Planning Minister asking him to reject the application for a new mine at Anvil Hill.
BACKGROUND:
Australia is the world’s largest coal exporter and Newcastle the world's largest coal port. Australia’s coal exports contribute to increasing greenhouse gas emissions that threatens the stability of the planet’s climate.
Anvil Hill will be one of the largest mines in the state. The area in which the mine will operate is known as the Wybong uplands and to locals as the Hunter Valley ark due to its biodiversity A report on the findings of the Hunter Remnant Vegetation Project found that the area is one of the largest expanses of remnant vegetation in the Hunter Valley with 22 species of fauna, 8 threatened species of flora and 3 endangered ecological communities. 141 bird species have been also been recorded in the Anvil Hill area and the amount of biodiversity prompted a recommendation for protection of the area by making it a nature reserve or managed trust reserve.
Page 186 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
REDUCTION IN GREENHOUSE EMISSIONS - NOTICE OF MOTION SUBMITTED BY CLR WENDY WHITE (Cont.)
The mine will also have an adverse affect on the already stressed Wybong Creek, the largest western catchment in the Muswellbrook area for the Hunter river by destroying 3 of the small creeks which flow into it and mining within 50metres of a fourth.
There will be immense loss of social cohesion in the formerly close-knit Wybong community with 75 families to be moved (more people than the mine will employ) and others who will suffer dust and noise impacts. Added to this is the cumulative effects of mining on agriculture and tourism which have suffered as the Hunter coal industry has expanded.
The adverse impacts on the local area of allowing the Anvil Hill mine should give pause to the State government but added to these is the potential for accelerating climate change which is the greatest challenge we are ever likely to face
COMMENT BY GENERAL MANAGER The Notice of Motion calls on the Council to take a general position opposing new coal mines in the Hunter Valley, on the basis of their contribution to greenhouse gas emissions. More specifically, Council is being asked to oppose and seek rejection of the “Anvill Hill” mine proposal to the west of Muswellbrook on the additional grounds of its alleged impact on “important and unique ecological communities”.
In the general case the Council is being asked to pre-empt or fetter its responsibility to assess development proposals having regard to environmental, social and economic considerations, and in relation to the Anvill Hill proposal, to oppose it and seek its rejection without having considered the environmental impact assessment report and related documentation which would accompany such a proposal. Neither are an appropriate nor defensible position for the Council to take, regardless of any view the Council or Councillors – may have in relation to greenhouse gas emissions.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
POLICY IMPLICATIONS This matter has no specific policy implications for Council.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 187 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
12 QUESTIONS WITHOUT NOTICE
13 URGENT BUSINESS
Page 188 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
14 COMMITTEE OF THE WHOLE
14.1 ROAD WIDENING, ABERGLASSLYN ROAD
File No: 222/74; P35750
Responsible Officer: Chris James Group Manager Assets
Author: Alex Rush Design Engineer
EXECUTIVE SUMMARY Council has previously resolved to commence negotiations for the acquisition of 17m2 of land from the frontage of 35 Aberglasslyn Road for the purpose of road widening. Negotiations with the land holder have been completed and an agreed amount of compensation reached, subject to Council resolution.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business
Page 189 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
14.2 LAND AND ENVIRONMENT COURT APPEAL - RANCH RIDING CLUB
File No: DA06-337
Responsible Officer: Leanne Harris Group Manager Planning & Regulation
Author: Leanne Harris Group Manager Planning & Regulation
EXECUTIVE SUMMARY The purpose of this report is to provide an update to the Council on legal proceedings currently underway in relation to the Ranch Riding Club matter.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the grounds of legal professional privilege
Page 190 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
14.3 ACQUISITION OF PRIVATE LAND BY COUNCIL
File No: P16388 P33334
Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration
Author: Frank Shrimpton Property and Risk Management Coordinator
EXECUTIVE SUMMARY A privately owned property in proximity to Council land has been listed for sale and this report details factors for consideration by Council.
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business
Page 191 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
14.4 PLANT REPLACEMENT
File No: 137/1080 - 1078
Responsible Officer: Wayne Cone Group Manager City Works and Services
Author: Steven Hodges Manager Fleet and Depot Operations
EXECUTIVE SUMMARY This report deals with the replacement of two (2)Waste Services mobile garbage bin (MGB) collection vehicles, and four (4) light commercial vehicles as approved by Council on 27th June 2006, and provides details of the proposed replacements and the reasons for the replacements and the costs. The report is presented in two (2) parts, part one (1) giving details for the replacement of two (2) mobile garbage bin collection vehicles (File No. 137/1080), and part two (2) providing details for the replacement of four (4) light commercial vehicles (File No.137/1078).
OFFICER'S RECOMMENDATION THAT Council move into Confidential Session to discuss this item under the terms of the Local Government Act 1993 Section 10A(2), as follows:
(d)(i) commercial information of a confidential nature that would, if disclosed: prejudice the commercial position of the person who supplied it
Page 192 ORDINARY MEETING AGENDA 26 SEPTEMBER, 2006
15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE
16 CLOSURE
Page 193