MAITLAND CITY COUNCIL
ORDINARY MEETING AGENDA
10 APRIL, 2007
ORDINARY MEETING AGENDA 10 APRIL, 2007
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 06-3598: MEDIUM DENSITY HOUSING AT 3 & 5 WALLER STREET, EAST MAITLAND (LOT 34 & LOT 35 DP758374) RECOMMENDATION: APPROVAL ...... 3
9.2.2 DA 06-2676 POTENTIALLY HAZARDOUS & OFFENSIVE INDUSTRIAL DEVELOPMENT - LOT 192 DP 1016698 62 RACECOURSE ROAD, RUTHERFORD RECOMMENDATION: APPROVAL ...... 31
9.2.3 ILLEGAL MOTORBIKE ACTIVITY AT THORNTON A & D LAWRENCE SPORTING FIELDS ...... 57
9.2.4 AMENDMENT TO MAITLAND CITYWIDE DCP - ABERGLASSLYN URBAN RELEASE AREA ...... 69
9.2.5 AMENDMENT TO MAITLAND CITY WIDE DCP - OUTDOOR DINING...... 103
9.2.6 TENAMBIT NEIGHBOURHOOD SHOPPING CENTRE REVITALISATION PLAN...... 106
Page (i) ORDINARY MEETING AGENDA 10 APRIL, 2007
9.3 ASSETS ...... 117
9.3.1 PROPOSED ROAD CLOSURE FOR PART PATHWAY OFF NATHAN CLOSE ADJOINING LOT 186, DP 243854 AT METFORD...... 117
9.4 FINANCE AND ADMINISTRATION...... 121
9.4.1 LOCAL GOVERNMENT MANAGERS AUSTRALIA NATIONAL CONGRESS AND BUSINESS EXPO 29TH APRIL TO 2ND MAY 2007...... 121
9.4.2 HUNTER REGION BUSINESS ENTERPRISE CENTRE...... 123
9.4.3 COUNCIL LAND LOT 2 DP 1047287 SEMPILL STREET MAITLAND ...... 127
10 ITEMS FOR INFORMATION...... 131
10.1 STATUS REPORT ON WORKS AND PROJECTS ...... 131
10.2 36 BANKS STREET, EAST MAITLAND ...... 138
10.3 COUNCILLOR MOTIONS...... 140
10.4 COUNCIL’S HOMEPAGE STATISTICS ...... 145
10.5 INTERNATIONAL WOMEN'S DAY ...... 146
10.6 SENIORS WEEK 2007...... 152
10.7 WATER SHARING PROPOSAL FOR THE TIDAL POOL OF THE PATERSON AND HUNTER RIVERS...... 154
11 NOTICE OF MOTION/RESCISSION...... 157
12 QUESTIONS WITHOUT NOTICE ...... 157
13 URGENT BUSINESS ...... 157
14 COMMITTEE OF THE WHOLE...... 158
14.1 REVIEW OF COUNCIL'S ORGANISATION STRUCTURE ...... 158
14.2 CONTRACT OF EMPLOYMENT - GENERAL MANAGER ...... 159
15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE ...160
16 CLOSURE...... 160
Page (ii) ORDINARY MEETING AGENDA 10 APRIL, 2007
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 27 March 2007 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 10 APRIL, 2007
9 OFFICERS REPORTS
9.1 GENERAL MANAGER
No reports
Page 2 ORDINARY MEETING AGENDA 10 APRIL, 2007
9.2 PLANNING AND REGULATION
9.2.1 DA 06-3598: MEDIUM DENSITY HOUSING AT 3 & 5 WALLER STREET, EAST MAITLAND (LOT 34 & LOT 35 DP758374) RECOMMENDATION: APPROVAL
File No: DA 06-3598 Attachments: Locality Plan Development Plans Submission Responsible Officer: David Simm Manager Development & Environment Author: Anthony Calthorpe Town Planner Applicant: Toner Design Proposal: Demolition of Existing Dwellings and Redevelopment of Medium Density Housing (x 7 Units) with associated car parking and landscaping Location: 3 & 5 Waller Street, East Maitland Zone: 2(a) Residential
EXECUTIVE SUMMARY The applicant seeks consent for a ‘Medium Density’ housing development over two lots at 3 & 5 Waller Street, East Maitland (hereafter “the application site”). The proposal would comprise the removal of an existing dwelling from each lot and the redevelopment of the application site for a medium density housing scheme, comprising four two-storey units fronting Waller Street and three single storey units to the rear.
Medium Density Housing is a permissible form of development in the 2(a) Residential Zone with Council consent and it is considered that this form of development is consistent with the general objectives of the zone.
It is to be noted that the application site sits in a highly accessible location in terms of its proximity to public transport (rail) and is within walking distance of the shops and services of East Maitland. With regard to the housing strategy of the Lower Hunter Regional Strategy, the development would be highly consistent with the need to provide for more compact urban settlements and making the best use of existing land and social and physical infrastructure in order to reduce the need to travel, particularly by car. To meet such objectives, a better mix and higher density of housing is required in established urban areas, which is an objective achieved by the application proposal.
Page 3 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont) The application was advertised and notified for a period of 14 days between 8 January and 22 January 2007 and one objection was received by Council, relating to matters such a car parking, fence heights, building heights and noise and vibration.
Overall, it is considered that the development generally satisfies Council’s relevant town planning policies and would help to increase the overall mix of housing choice in the locality.
OFFICER'S RECOMMENDATION THAT: DA 06-3598, for the demolition of two existing dwellings on 3 & 5 Waller Street, East Maitland (Lot 34 & Lot 35, DP758374) and the redevelopment for medium density housing (7 units) and all with associated car parking and landscaping, be approved, subject to the conditions of consent set out in the attached schedule.
REPORT The purpose of this report is to provide a summary of the development application in order to allow Council to make an informed decision in respect of the recommendation contained herein.
INTRODUCTION The application site is located on the northern side of Waller Street, East Maitland, and comprises two adjoining lots (3 & 5 Waller Street). Each lot contains an existing weatherboard dwelling and both sites are vacant and have assumed an unkempt appearance in the streetscape. The two properties are shown in Figure 1 below.
Figure 1- Showing 3 (to right of picture with cream roof) & 5 Waller Street (red roof, centre )- as existing
Page 4 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont) BACKGROUND The application proposal currently being considered emerged as a result of two DCU meetings with Council. Advice was provided to the applicant in terms of the form, scale, density, layout, access, car parking and overall appearance in the streetscape.
PROPOSAL The application proposal is illustrated more clearly on the application plans contained at Attachment 2 of this report.
In summary, however, the proposal comprises the following key elements:
• Removal of two existing dwellings • Redevelopment of both lots for a seven (7) unit medium density housing scheme comprising: o 4 two storey, 3-bedroom, family dwellings fronting Waller Street. Units 2, 3 & 4 with double garages o 3 Single Storey dwellings to the rear of the site. Unit 5: 3 bedroom & double garage and Units 6 & 7 2-bedroom with single garage.
Figure 2- Proposed development as seen in Waller Street (trees reaching maturity)
PLANNING ASSESSMENT Pursuant to Section 79(c) of The Act, all matters relevant to the determination of the application have been duly considered, inclusive of any environmental planning instruments, draft environmental planning instruments, relevant development control plans (see below), and The Regulations. Other matters such as Public Interest and Fire Safety have also been considered. The following section details only those matters considered to be directly relevant to the determination of the application
Page 5 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont)
Section 79C(1)(a)(i) provisions of any environmental planning instrument
Local Environmental Plan The subject land is zoned 2(a) Residential under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Medium Density Housing” which is a permissible land use in the 2a Residential zone with Council consent. The proposal is considered to be consistent with the zone objectives in that it would encourage housing in locations of high amenity and accessibility.
Regional Environmental Plan As detailed at the beginning of this report, the Lower Hunter Regional Strategy provides the strategic framework to guide land use in the Region, including housing development. It calls for a refocus of current housing trends so that a more sustainable balance between new release and infill development is achieved. To bring this about, there is a need for more housing within existing urban areas, where a better, more efficient, use of resources can be made.
Within this context, it is considered that the application proposal would represent a better and more efficient use of the land than is currently made by two dwellings. The application site is well located to encourage use of the train as an alternative form of transport, while the shops and services of East Maitland are within easy walking or cycling distance. The application site is also able to take advantage off all existing physical and social infrastructure in the locality, which is another efficient use of resources e.g. rather than burdening systems with a need for new infrastructure in outlying areas. Officer Assessment
It is considered that the matters under Section 79c of the Act relevant to the determination of the application are:
• Compliance with Council’s Local Environmental Plan (“LEP”) • Compliance with Council’s Citywide DCP (Lower Hunter Urban Housing Chapter in particular) • Impacts to Adjoining Properties • Noise
The LEP & Principle of Development In accordance with Clause 16 of the Maitland LEP, Medium Density Housing is a permissible form of development with Council consent. In this regard, the principle of the development is acceptable, subject to consideration of the other matters detailed above, relating to the physical impact of development.
Page 6 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont) Citywide Development Control Plan The Citywide DCP contains chapters that set out planning controls covering a range of matters across the City. Of relevance to the application that is the subject of this report, the Lower Hunter Urban Housing (1995) chapter is most applicable.
The Urban Housing Chapter utilises a set of performance based criteria to guide development.
The application proposal was submitted to Council following two DCU meetings held between the applicant and Council. It is to be noted that the principle of two-storey development to Waller Street was common throughout the applicant’s original schemes.
Setbacks Having regard to the application plans, it is considered that the front setback is in keeping with the streetscape and no part of a building is closer than 5.5m to the front boundary.
Each dwelling would be provided with an appropriate area of private open space with a northern aspect.
Character and Streetscape Two storey development is not common to the surrounding area, which is traditionally single storey in nature. In this regard, the primary considerations are the impacts to the streetscape and upon the amenities of adjoining occupiers.
Waller Street is a no through street that is bordered along its southern side by the railway line, which dilutes the sense of a residential streetscape. There is no uniformity in terms of architectural styles or finishes along Waller Street, while buildings such as those on the application site are nearing the end of their meaningful use.
The introduction of two storey housing to the street is considered to be acceptable. A variety of stepped forms, roof finishes, materials and planting would help to reduce the physical bulk of the development, as illustrated at Figure 2 and would help to raise the general quality of the streetscape. Waller Street is wide and because there is no development along its southern side, the sense of space is heightened above and beyond a traditional residential street. For this reason, the impact of any two- storey development would be further ameliorated by this sense of space.
Finally, the two storey element of the proposal achieves a good use of the land in this instance and is a type of development that should be encouraged in highly accessible locations.
Overshadowing The orientation of the site means that adjoining properties would only be impacted in a minor way in terms of loss of sunlight i.e. the front garden to 1 Waller Street would receive more shadow during the afternoon/ early evening period. The habitable rooms & useable areas of private open space to 1 and 7 Waller Street would not, it is considered, be adversely affected by overshadowing. Page 7 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont)
Privacy In terms of loss of privacy, the upper floor windows to Units 3 & 4 face the road or the rear courtyard and would not result in any overlooking issues. The upper floor windows to Units 1 and 2 have the potential to overlook 7 Waller Street, however, any views would largely look onto the roof of the dwelling on this property. It is recommended that screening is placed on the north-western facing windows to Unit 1 and 2 to ensure a degree of privacy is maintained. A condition is recommended accordingly.
It is also noted that a recent development approval at 7 Waller Street (DA 06-2501) allows for the construction of two additional dwellings to the rear of the existing. No views would be possible into any future areas of private open space from the two storey dwellings that are the subject of this report.
Acoustics An acoustic report by Global Acoustics accompanied the development application, in order to take account of the proximity of the development to the railway line. The Global Report was based upon the Guidelines for Councils – Consideration of Rail Noise and Vibration in the Planning Process by the Rail Infrastructure Corporation and the State Rail Authority. It concludes that appropriate mitigation measures can overcome rail noise. This would involve closed windows (double glazed) and mechanical ventilation systems in the affected units fronting Waller Street.
Car Parking The application proposal provides sufficient car parking. Council requires two spaces per every three-bedroom dwelling and one for each two-bedroom. In addition, one visitor space is required for the first three dwellings and one space per every five thereafter.
The visitor spaces are provided in the form of stack parking to Units 3 & 4 (four spaces) and one visitor space to the rear of the site, which would exceed the technical requirement of the Urban Housing Chapter of the DCP. In addition, some capacity would also exist for on-street parking, given the availability of 90 degree parking on the opposite side of Waller Street. Further, the proximity of the site to the train station should encourage a reduced emphasis on the dominance of car parking when alternatives modes of transport are available. Council should be seeking only minimum car parking standards in such locations.
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 days from 8 January 2007 to 22 January 2007. As a result of the notification process, a total of 1 submission was received from the owner of 7 Waller Street (to the north of the application site) and is provided as Attachment 3 to this report.
Page 8 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont)
The main issues raised by the objector are:
• Fence Heights: should be raised; • Height of Unit 1: loss of sunlight to bedrooms; • Car Parking and Visitor Spaces: more required; and • State Rail Requirements: does the proposal conform to noise requirements?
Planner's Comment Taking the above comments in turn, the following responses are provided:
Fence Heights The applicant has agreed to increase fence heights where appropriate to a maximum 1.8m along the side and rear of the site. It is considered that this would improve the level of visual and acoustic privacy to adjoining residential occupiers.
Height of Unit 1 The orientation of the dwelling on 7 Waller Street is such that any loss of sunlight to this dwelling would be during the am period and would not result in the loss of sunlight to main habitable rooms such as the living/ dining or family spaces within the dwelling. The eastern elevation of 7 Waller Street would be in shade during the main midday and afternoon periods where most benefit is derived from solar access. In this regard, the application proposal would have only a minor impact on solar access to 7 Waller Street and would not significantly harm the continued residential amenities to any occupier of this property.
Car Parking and Visitor Spaces This matter has been addressed elsewhere in the report. It is to be noted that the proposal contains sufficient car parking to satisfy Council requirements. The need to provide any additional spaces is not considered necessary in this instance, given the proximity to the train station and the accessibility of shops and services in East Maitland. The site is located in a sustainable location and encouragement should be provided to reduce car dependency, rather than increase it through an abundance of on-site car parking.
State Rail Requirements The objector only makes a comment about whether the development satisfies the acoustic requirements set out in the Guidelines for Councils – Consideration of Rail Noise and Vibration in the Planning Process by the Rail Infrastructure Corporation and the State Rail Authority. As noted elsewhere in this report, the Acoustic Report that accompanied the application is considered to satisfactorily address this matter and demonstrates that the units fronting Waller Street would not be adversely affected in any more than a minor way by noise from the railway, provided appropriate mitigation measures are put in place.
Summary Overall the objections do not raise any matters that could substantiate a refusal on land use planning terms for the reasons given above.
Page 9 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont) Section 79C(1)(e) the public interest
FINANCIAL IMPLICATIONS The proposal would not raise any matters with financial implications to Council
POLICY IMPLICATIONS The proposal would not raise any matters with policy implications to 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 10 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont)
SCHEDULE OF CONDITIONS
Schedule of Conditions: DA 06-3598
Reason for Condition(s) The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.
1 APPROVED PLANS AND DOCUMENTATION
The development shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent or as shown in red colour on the plans:
• Sheet 1 of 10: Cover Page & Basix Calculations • Sheet 2 of 10: Site Analysis Plan/ Contour Survey As drawn by Palmer Bruyn and dated 20/12/06
• Sheet 3 of 10: Demolition Plan & Tree Survey, dated 23/11/06 • Sheet 4 of 10: Site Plan & Site Calculations, dated 16/3/2007 • Sheet 5 of 10: Floor Plans & Dwelling Areas, dated 23/11/06 • Sheet 6 of 10: Dwelling Elevations & Combined Elevations, dated 23/11/06 • Sheet 7 of 10: Dwelling Elevations & Combined Elevations, dated 16/3/2007 • Sheet 8 of 10: Fence Elevations Viewed from Lots 33,36 & Lane, dated 16/3/2007 • Sheet 9 of 10: Retaining Wall & Sediment Control Plan, dated 23/11/06 • Sheet 10 of 10: Shadow Diagrams 21st June at 9am, 12pm and 3pm, dated 16/3/2007 And all as drawn by Toner Design
The following drawing/ plan is approved as a Concept Plan Only*: • Drawing No. DAL02: Landscape Concept Plan, As drawn by Mansfield Landscape and dated 2/2/07 *See Condition 11
Page 11 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont) The following drawings/ plans are approved as concept only: • Drawing No. 1, Revision 3: Drainage Plan • Drawing No. 2, Revision 3: Detention Tank Details & Sections • Drawing No. 3, Revision 3: Driveway Longitudinal Sections, And all as drawn by Geoff Craig & Associates and dated 28/2/07
2 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 $58,781 shall be paid to the Council.
The contribution is calculated from Council's adopted Section 94 Contributions Plan in the following manner:
2 bedroom 3 bedroom Total Local Rec & Open Space (2006-CW) 2 x $981 5 x $1,227 $8,097 District Rec & Open Space (06-CW) 2 x $763 5 x $955 $6,301 Citywide Road & Traffic Works (06-CW) 2 x $3,198 5 x $3,998 $26,386 Cultural Services (2006-CW) 2 x $591 5 x $739 $4,877 Community Services (2006-CW) 2 x $1,359 5 x $1,700 $11,218 Citywide Cycleways (2006-CW) 2 x $125 5 x $156 $1,030 Management/Admin Citywide (06-CW) 2 x $106 5 x $132 $872 ______$14,246 $44,535 $58,781
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:
- 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.
Page 12 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont) CERTIFICATES 3 Prior to the commencement of works an application for a Construction Certificate shall be submitted to, and be approved by, the Principal Certifying Authority.
4 Prior to the issue of an Occupation Certificate all conditions of development consent shall be complied with.
5 Prior to occupation of the building an Occupation Certificate shall be issued by the Principal Certifying Authority.
6 Prior to issue of the Construction Certificate, a certificate under Section 50 of the Hunter Water Act shall be submitted to the Principal Certifying Authority.
7 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.
8 (1) Building work that involves residential building works (within the meaning of the Home Building Act, 1989) must not be carried out unless the principal certifying authority for the development to which the work relates: (a) in the case of work to be done by a licensee under that Act: (i) has been informed in writing of the licensee’s name and contractor licence number, and (ii) is satisfied that the licence has complied with the requirements of Part 6 of that Act, or (b) in the case of work to be done by any other person: (i) has been informed in writing of the person’s name and owner- builder permit, or (ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.
(2) A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act, 1989, that states that a person is the holder of an insurance policy issued for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that part.
Page 13 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont) DESIGN 9 All service pipes and vents shall be concealed within the external walls of the building. Access panels shall be provided in accordance with the requirements of the relevant authorities.
10 Prior to the issue of the Construction Certificate, details of suitably designed visual screening measures, to the western facing (upper floor) windows of the ‘Rumpus’ room and Bedroom 1 of Unit 1 and Bedroom 3 of Unit 2, shall be submitted to Council for approval. Prior to the issue of the Occupation Certificate, the approved screening must be erected and, thereafter, maintained. This condition is to provide visual privacy to the users of private open space of the adjoining property to the west. This condition will lapse if the principal area of private open space on the adjoining property to the west is relocated by way of redevelopment.
LANDSCAPING 11 Prior to the issue of the Construction Certificate a detailed landscape plan shall be submitted to and approved by Council in accordance with the approved concept plan detailed at Condition 1 (above). This plan shall detail:
• the location of all paved and landscaped areas • the type of species • the mature height and spread of all proposed trees and shrubs • the type of screening of garbage storage areas • fencing and retaining wall heights, materials, colours and finishes
12 Prior to the issue of the Occupation Certificate, evidence shall be submitted to Council by a suitably qualified landscaping consultant or arborist that all plantings (street trees, trees, shrubs and groundcovers) to the front of Units 1,2, 3 & 4 are planted, appropriately established and, as a minimum, of a semi-mature status when planted. The purpose of this condition is to soften the impact of development within the streetscape.
13 Once established, all landscaped areas of the development must be maintained, at all times, in accordance with the approved landscape plan(s). The landscaped areas shall be kept free of parked vehicles, stored goods, garbage or waste material.
14 Trees exceeding 3 metres in height or having a branch spread of 3 metres or more in diameter shall not be removed from the subject land unless: i) The removal is essential to accommodate the buildings, driveways, landscaping and drainage works associated with the approved development; or ii) Consent to the removal of the tree(s) has been granted by Council in accordance with Clause 29 of the Maitland Local Environmental Plan 1993.
Page 14 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont)
CARPARKING
15 Car parking for the development shall be provided in accordance with the approved plans.
16 All driveways, parking areas and vehicles turning areas shall be constructed with a bitumen or segmental paver surface (on a granular pavement base), or as reinforced concrete.
VEHICLE ACCESS
17 Prior to issue of the Construction Certificate, driveway profiles that comply with Council’s standard drawings SD009 & SD011, (based on examples SD062 & SD063), shall be approved by the Principal Certifying Authority.
18 Prior to issue of the Construction Certificate, an application form – “Application To Construct Private Works On Footway” – for the driveway crossing on the public footway verge, shall be submitted to Council, together with the appropriate fee.
19 Prior to issue of the Occupation Certificate the driveway(s), from the road pavement to the vehicle parking area shall be constructed, in accordance with the approved design and Council’s standard drawings SD005, SD006, SD009, SD010, SD011 & SD014, with reference to Council’s information document “Footway Crossings (Driveways)”.
STORMWATER DRAINAGE
20 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 an accredited certifier. The design shall be based on the concept plan number 07006 REV 3 dated 28.02.07.
21 Prior to issue of the Occupation Certificate, the stormwater On Site Detention system shall be constructed in accordance with the approved plans. Verification that the “detention” system has been satisfactorily constructed, shall be submitted to Council.
22 Prior to issue of the Construction Certificate, an application form – “Application To construct Private Works On Footway” – for the pipe connection to the street pit, shall be submitted to Council, together with the appropriate fee.
Page 15 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont) 23 Final discharge of collected stormwater runoff shall be piped to the street concrete kerb and gutter in accordance with Council’s standard drawing SD021.
EROSION CONTROLS
24 The property shall be protected against soil erosion, such that sediment is not carried from the construction site by the action of stormwater, wind or “vehicle tracking”.
BUILDING CONSTRUCTION
25 All building work shall be carried out in accordance with the provisions of the Building Code of Australia (BCA).
SITE REQUIREMENTS
26 All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.
27 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 1.0 metres in height at any point from finished ground level, plans and specifications of the construction shall be approved by council before works commence. Plans and specifications of retaining walls greater than 1.0 metres 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.
28 If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made: (i) Must preserve and protect the building from damage, and (ii) If necessary, must underpin and support the building in an approved manner, and (iii) Must, at least seven (7) days before excavating below the level of the base of the footings or a building 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 being erected or demolished.
Page 16 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont) 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).
29 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 associated with the subject Lot. The absence of such notification signifies that no damage exists and the applicant shall therefore be liable for the cost of the repair of any damage to kerbing and guttering or footpath paving which may be necessary after completion of the building operation.
30 A temporary toilet shall be provided on site from the time of commencement of building work to ensure that adequate sanitary provisions are provided and maintained on the building site for use by persons engaged in the building activity. The number of toilets provided shall be 1 toilet per twenty persons or part thereof employed on the site. The temporary toilet is to be connected to the sewerage system or an approved septic tank or otherwise may be a chemical toilet supplied by a licensed contractor.
31 Unless otherwise approved by Council in writing, all building work shall be carried out between the hours of: a. 7.00am to 6.00pm Monday to Friday b. 7.00am to 5.00pm Saturday Any work performed on Sunday’s or Public Holidays that may cause offensive noise, as defined under the Protection of the Environment Operations Act, is prohibited.
32 All waste shall be contained within a secure enclosure or bin.
33 Waffle pods used in the construction of the building shall not be delivered to the site unless wrapped or securely tied. The waffle pods are to be secured on-site to prevent scattering by wind. Off-cuts and unused pods must be wrapped in plastic or similar material and removed from the site immediately upon completion of slab construction.
34 All building materials, plant and equipment shall be contained wholly within the development site.
35 The Principal Contractor (or Owner/Builder) shall erect a sign in a prominent position on the site (not attached to any tree) identifying the name, address and telephone number of the Principal Certifying Authority (PCA) for the work. The sign shall also display the name, address and telephone number of the Principal Contractor for the work (or Owner/Builder) and shall state that unauthorized entry to the site is prohibited. The sign must be maintained while the work is being carried out and is to be removed when the work is completed.
Page 17 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont) 36 The site shall be cleared of all building refuse and spoil immediately upon completion of the building.
ACOUSTIC REQUIREMENTS 37 Prior to the issue of an Occupation Certificate, a measurement report from a qualified acoustic consultant shall be submitted, demonstrating compliance with the following noise criteria in habitable rooms, with external windows and doors closed:
Internal Space Time Period Noise Level LAeq (1hr) Living and sleeping areas Day (7am to 10pm) 40 dBA Living and sleeping areas Night (10pm to 7am 35dBA
Where noise with windows or doors open exceed these criteria by more than 10dBA, the design of the ventilation of these rooms shall be such that occupants can leave windows closed, if they so desire. The recommendations set out in the noise assessment by Global Acoustics, dated 31 July 2006 (that formed part of the development application) shall be implemented during construction to meet the noise requirements.
ADVICES
A Prior to submitting an application for an Occupation Certificate the applicant should ensure that all relevant conditions of development consent have been complied with.
B You are advised that in regard to potential soil erosion from the construction site, such pollution of the environment is an offence under the Protection Of the Environment & Operations (POEO) Act and may incur infringement fines.
C You are advised that damage to existing roads (including footpaths and kerb/gutters) and drainage as a result of construction works may incur rectification costs.
D You are advised that there are detailed design matters in relation to the drainage concept plan that warrant further attention prior to the issue of the Construction Certificate. Prior to Council’s assessment of a fully detailed design, the “Drainage Plan Assessment Fee” of $209 must be paid.
E You are advised, that upon possible future subdivision of the development, easements for stormwater drainage systems and restriction on the title regarding their maintenance, may be required.
F You are advised that further consent for a driveway across the footway verge must be obtained. Inspections of works (eg formwork & reinforcement MUST be carried
Page 18 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont) out by Council. (See Council’s “Application To Construct Private Works On Footway”). You should contact Council (ph. 49 34 9700), giving at least 24 hours notice for inspections.
G The property owner should note/be advised, that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant applicable to this property and that any action taken by the applicant in accordance with the consent which results in any loss or damage by way of breach of the covenant will not be the responsibility of Council.
Page 19 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont)
Officers Reports
DA 06-3598: MEDIUM DENSITY HOUSING AT 3 & 5 WALLER STREET, EAST MAITLAND (LOT 34 & LOT 35 DP758374)
Locality Plan
Meeting Date: 10 April 2007
Attachment No : 1
Number of Pages : 1
Page 20 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont)
Page 21 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont)
Officers Reports
DA 06-3598: MEDIUM DENSITY HOUSING AT 3 & 5 WALLER STREET, EAST MAITLAND (LOT 34 & LOT 35 DP758374)
Development Plans
Meeting Date: 10 April 2007
Attachment No : 2
Number of Pages : 5
Page 22 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont)
Page 23 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont)
Page 24 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont)
Page 25 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont)
Page 26 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont)
Page 27 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont)
Page 28 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont)
Officers Reports
DA 06-3598: MEDIUM DENSITY HOUSING AT 3 & 5 WALLER STREET, EAST MAITLAND (LOT 34 & LOT 35 DP758374)
Submission
Meeting Date: 10 April 2007
Attachment No : 3
Number of Pages : 1
Page 29 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-3598 Medium Density Housing Lot 34 & Lot 35 DP758374 3 & 5 Waller Street, East Maitland (Cont)
Page 30 ORDINARY MEETING AGENDA 10 APRIL, 2007
9.2.2 DA 06-2676 POTENTIALLY HAZARDOUS & OFFENSIVE INDUSTRIAL DEVELOPMENT - LOT 192 DP 1016698 62 RACECOURSE ROAD, RUTHERFORD RECOMMENDATION: APPROVAL
File No: 06-2676 Attachments: Locality Plan Development Plans Submissions
Responsible Officer: David Simm Manager - Development & Environment Author: Rebecca Moroney Senior Town Planner Applicant: Biodiesel Industries Australia Proposal: Chemical Storage Tanks Location: Rutherford Zone: 4(b) Light Industrial
EXECUTIVE SUMMARY Development consent is sought from Council for Potentially Hazardous & Offensive Industrial Development, in the form of a chemical storage tank, at 62 Racecourse Road, Rutherford. The subject land is zoned 4(b) under the provisions of the Maitland Local Environmental Plan, 1993.
The proposed development consists of a storage tank for up to 51m3 of sodium methylate solution. Sodium methylate is a versatile chemical reagent used in the production of biodiesel. Sodium methylate functions as a catalyst to accelerate the biodiesel chemical reaction process by reducing the energy required to initiate the reaction. The use of sodium methylate in biodiesel production results in higher yields, lower purification costs and more consistent biodiesel quality.
Industrial Development is a permissible form of development in the 4(b) Light Industrial Zone with Council consent and is consistent with the objectives of the zone. A Preliminary Hazard Analysis was prepared for the proposed development. It was determined that the proposal was not “Hazardous or Offensive Development”.
The proposed development was advertised and notified in accordance with Council policy. Two submissions opposing the proposed development were received during the exhibition process. The issues raised relate to potential health and environmental impacts associated with the proposal however, it was found that the proposed development adequately responds to the concerns raised.
Page 31 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont) OFFICER'S RECOMMENDATION THAT:
DA 06-2676 for Industrial Development - Potentially Hazardous & Offensive Development on Lot 192, DP 1016698 62 Racecourse Road, Rutherford be approved, subject to the conditions of consent set out in the attached schedule.
REPORT
INTRODUCTION Biodiesel Industries Australia Pty Ltd currently operates a biodiesel production plant at Lot 192 DP 1016698, 62 Racecourse Road, Rutherford, in accordance with development consent DA 04-4220.
Biodiesel is produced through the process of esterification using methanol and vegetable oil feedstocks. Methanol pre-blend is generated by manually dissolving sodium hydroxide flakes in methanol. The sodium hydroxide flakes are delivered to and stored on the site in 25kg bags. The proposal to use sodium methylate in this process in lieu of sodium flakes will reduce occupational health and safety risks associated with biodiesel production and generate higher yields from oil feedstocks.
PROPOSAL The current manual system requires operators to lift 25kg bags of sodium hydroxide whilst wearing full PPE. The proposed development is seeking to store and use a 30% sodium methylate solution in place of the manual handling system, thereby reducing associated occupational health and safety risks.
The proposal will provide for storage of up to 51m3 of sodium methylate solution in a double skin tank, measuring 6m in height and approximately 3m in diameter. The tank and filling points are to be located within fully bunded areas with provision of emergency response equipment in accordance with Australian Standard 3780-1994. The bunded areas are to be designed to accommodate 110% of the volume of the tank. The proposed sodium methylate tank will feature a non-return value on the inlet line at the base of the tank to stop reverse flow occurring, dry break coupling, an overfill sensor to protect against tank overfilling, and temperature monitoring in the tank, supervising the permissible temperature range within the tank. A nitrogen blanket, to limit the exchange of sodium methylate from the liquid to vapour state reducing losses of gases through the pressure relief vent, will be maintained with stringent procedures for tank filling identified.
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:
Page 32 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont) Section 79C(1)(a)(i) provisions of any environmental planning instrument
Local Environmental Plan The subject land is zoned 4(b) Light Industrial under Maitland Local Environmental Plan 1993. The proposed development is defined under the LEP as “Industrial Development” which is a permissible land use in the 4(b) zone with Council consent. The proposal is not considered to be inconsistent 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.
Hazardous and offensive developments are prohibited on land zoned 4(b) Light Industrial. The proposed development triggers the thresholds identified by State Environmental Planning Policy No. 33 – Hazardous and Offensive Development. As such, a Preliminary Hazard Analysis (PHA) was prepared. The PHA determined that the proposed development was unlikely to pose any significant risks to surrounding land users or the natural environment. The development is therefore not considered to be hazardous and is permitted under the 4(b) Light Industrial zone.
Regional Environmental Plan Not Relevant
State Environmental Planning Policies State Environmental Planning Policy No. 33 – Hazardous and Offensive Development The proposed development exceeds thresholds contained in State Environmental Planning Policy No. 33 for the storage and transportation of goods listed in the Australian Dangerous Goods Code. As such, the proposed development was considered to be a potentially hazardous industry and a Preliminary Hazard Analysis (PHA) was prepared for the proposal. The PHA found that the development does not pose any significant risks to surrounding land users or the natural environment, and is therefore not considered to be hazardous.
Page 33 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont) 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 Not Relevant Section 79C(1)(a)(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph) The existing development on the subject site is classified as “Chemical Industry” under the definitions in Schedule 3 of the Environmental Planning & Assessment Regulations 2000 however, the proposal to store and use sodium methylate is not considered a “Designated Development” as the plant will continue to process or produce less than 1000 tonnes per annum of substances listed in the Australian Goods Code. 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 subject site is devoid of natural vegetation aside from landscaping adjacent to the production plant. The site has negligible habitat value due to the disturbed nature of the site and surrounds. A small ephemeral drainage line adjoins the western boundary. The proposed development is to be located within a fully bunded area designed to accommodate 110% of the volume of the proposed tank. Several procedures are proposed to ensure no odour or vapour associated with the proposed development escape.
A traffic route evaluation study for the proposed development determined that there were no significant risks associated with delivery of sodium methylate to the site. Delivery will occur once a month via a major arterial road system. Access to the subject site is via Racecourse Road, with forward exit from the site provided. Section 79C(1)(c) the suitability of the site for the development The subject site is irregularly shaped with a total site area of 8,330m2 and is currently occupied by the Biodiesel Industries Australia Pty Ltd operations. The existing production plant and associated infrastructure is situated on the south western frontage of the site, occupying approximately 2,000m2 of the site. The rear of the site is bounded by an ephemeral drainage line. The subject site is not affected by the 1 in 100 year flood level. It is considered that the proposed chemical storage tank adequately reflects the constraints and opportunities of the subject site. 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 28 days from 2 November 2006 to 1 December 2006. As a result of the notification process, a total of 2 submissions were received and are provided as Attachment A this report.
Page 34 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont) The main issues raised by the objectors are summarised below and comment provided: Sodium methylate exists as a white, free-flowing powder which can be absorbed into the body by inhalation and ingestion. There is a real danger posed to humans and animals from airborne particles. Rutherford is a high wind environment with the potential for harmful dispersion of sodium methylate dust from accidental spillage. The cumulative effects of the storage and potential release into the Rutherford environment of yet another highly toxic chemical used in this Industrial areas is environmentally negligent and potentially catastrophic to the health of Rutherford residents.
Planner's Comment The current practices for the handling of sodium on the site involve the use of sodium hydroxide flakes manually mixed with methanol. The proposed development will see the use of sodium methylate in liquid form, reducing the risk of airborne particulates escaping from the site. A nitrogen blanket will be maintained in the air space of the tank to limit the exchange of sodium methylate from the liquid to vapour state, reducing losses of gases through the pressure relief vent.
The hazards associated with the transportation and delivery of sodium methylate storage pose an unacceptable threat to the health and safety of Maitland residents along the transport route (assumed to be the New England Highway) and Racecourse Road as well as to workers adjacent to and on site.
Planner's Comment A traffic route evaluation study was prepared as part of the Preliminary Hazard Analysis, in accordance with guidelines provided in the Department of Urban Affairs and Planning Document Route Selection: Guidelines for Land Use and Environmental Safety Planning for Hazardous Materials – Road Transport Considerations, 1995. The sodium methylate is to be transported to the site in 20,000L bulk lots via the F3 Freeway, Weakleys Drive and New England Highway, into Racecourse Road on a monthly basis. The transportation of the sodium methylate does not require the use of oversized vehicles and will occur along the major road transport corridor between Sydney and the Hunter Valley. There are no regulations restricting the transportation of Class 3 dangerous goods along this route.
The proposed development is defined as “hazardous and offensive development”. The proposed chemical storage tanks have the potential to be a hazard to nearby businesses, particularly manufacturing operations if the tanks explode, rupture or leak. There would be severe disruptions to other businesses in the locality if surrounding properties were required to evacuate.
Planner's Comment The proposed development was identified as being potentially “Hazardous and Offensive Development” under the provisions of State Environmental Planning Policy No. 33 – Hazardous and Offensive Development (SEPP 33). As such, a Preliminary
Page 35 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont) Hazard Analysis (PHA) was prepared in accordance with the provisions of SEPP 33. The PHA determined that the proposed development was unlikely to pose any significant risks to surrounding land users or the natural environment. The development is therefore not considered to be hazardous and is permitted under the 4(b) Light Industrial zone.
Residents recently voted unanimously at a public meeting for the rezoning of the Rutherford Industrial Area from general industrial to light industrial. Council has ignored this motion, suggesting that the Council has no concern for the potential health impacts on its residents from the increasing number of hazardous developments flowing into the Rutherford area.
Planner's Comment The proposed development is located in the 4(b) Light Industrial Zone. As the proposed development was categorised as Potentially Hazardous and Offensive Development, a Preliminary Hazard Analysis (PHA) was prepared. The PHA determined that the proposed development was unlikely to pose any significant risks to surrounding land users or the natural environment. The development is therefore not considered to be “Hazardous or Offensive Development” and is permitted under the 4(b) Light Industrial zone.
Submissions from public authorities The proposed development was referred to NSW Workcover, Major Hazards Unit of the Department of Planning, Hazardous Materials Response Unit of the NSW Fire Brigade, and the Department of Environment and Conservation (EPA) for comment. The Major Hazards Unit of the NSW Fire Brigade did not respond to the proposal. NSW Workcover raised no objection to the proposal and the Major Hazards Unit of the Department of Planning and the Department of Environment and Conservation both provided conditions of consent to the proposal. These conditions have been incorporated into the proposed conditions of consent. Section 79C(1)(e) the public interest The proposed development will eliminate the current practice of manual handling of a potentially harmful chemical on the subject site, providing a safer working environment whilst not impacting on surrounding development. It is considered that 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 36 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (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 development application is recommended for approval.
Page 37 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont)
SCHEDULE OF CONDITIONS Industrial
Reason for Conditions The following condition(s) have been applied to the development, subject of this consent, to ensure that the development meets the requirements of the NSW Environmental Planning and Assessment Act 1979, the NSW Environmental Planning and Assessment Regulation 2000, and the various policies and development controls of Maitland City Council and other government agencies relevant to the development being undertaken.
1 APPROVED PLANS AND DOCUMENTATION
The development shall be carried out in accordance with the stamped approved plans and documentation as detailed in the following schedule and any amendments arising through conditions to this consent or as shown in red colour on the plans:
Plan Ref. Sheet Rev n Revision Prepared by: No No No Date (consultant) 119-L-007 A1 C 26.4.06 M. E. Engineering E136-01 A 09.03.07 Lake Macquarie Welding Services
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 $2,200 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.
Page 38 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont)
ii) Council's administration expenses are met with respect to the processing of the application.
3 BEFORE ANY WORK COMMENCES At least two days before any site works, building or demolition begins, the applicant must:
a) Ensure that a “Construction Certificate” issued by an accredited Principal Certifying Authority (PCA) is obtained prior to commencing any construction works, and
b) Where Council is not the PCA, submit to Council a “Notice of Appointment” of the PCA at least two (2) days prior to the commencement of construction works.
4 Where Council is the PCA the applicant shall submit to Council a “Notice of Commencement” at least two (2) days prior to the commencement of construction works.
5 Before any site works, building or demolition begins, the applicant must:
a) notify Council of the name, address, phone number and licence number of the Principal Building Contractor and, where applicable, Home Owners Warranty Insurance details, and
b) erect signage at the front of the property with the PCA’s and Principal Contractor's name, and contact number, site address and the number given by the Council to the application for the development approval, and
c) provide temporary on-site toilet facilities if access to existing toilets is not adequate, and
d) protect and support any neighbouring buildings and land, and
e) protect any public land or place from obstruction, inconvenience or damage due to the carrying out of the development, and
f) prevent any substance from falling onto any public land or place, and
g) provide suitable and adequate measures to restrict public access to the site and building works, materials and equipment, and
h) pay any Section 94 contributions if required by a contributions plan applying to the land, and
Page 39 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont) i) comply with any other conditions prescribed by the Environmental Planning & Assessment Regulation.
Note: Various items do not impose a requirement on an applicant where complied with by the builder.
SITE MANAGEMENT
6 Run-off and erosion controls must be implemented before construction to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, as follows:
a) divert uncontaminated run-off around cleared or disturbed areas, and
b) erect a silt fence to prevent debris escaping into drainage systems or waterways, and
c) prevent tracking of sediment by vehicles onto roads, and
d) stockpile topsoil, excavated material, construction and landscaping supplies and debris within the site. In particular, no building materials, refuse or spoil shall be deposited on, or be allowed to remain on, Council's footpath.
7 Removal or disturbance of vegetation and topsoil must be confined to within 3 metres of the proposed building.
DEMOLITION
8 Any demolition works authorised by the certificate are to be carried out in accordance with AS 2601 - 1991 ‘The Demolition of Structures’ and comply with any Council policy on waste management.
DRAINAGE
9 The completed building is to have a drainage system so that:
a) the land surrounding any structure is graded to divert surface water to the street, and is clear of existing and proposed structures and adjoining premises, and
b) if the water drains to the rear of the property, it is collected and drained via a gravity system to a Council stormwater line or disposed of in a manner consistent with Council's soil and water management policy.
Page 40 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont) HOURS OF WORKS
10 Any building work must be carried out between 7.00am and 6.00pm Monday to Fridays, and 7.00am to 5.00pm Saturdays, with no work permitted on Sundays or public holidays that may cause offensive noise.
CONSTRUCTION WITHIN BOUNDARIES
11 The owner of the property is to ensure that any structure, including a retaining wall, is constructed:
a) to meet the setback requirements of the approved plans, and
b) so as to be clear of any boundary line and wholly within the confines of the lot, and
c) so as to be clear of any easement/s located within the allotment other than as may be approved on the stamped plans and specifications.
SITE ACCESS
12 If kerb and gutter is provided, driveways are to be a minimum of 500 millimetres clear of all drainage structures on the kerb and gutter and are not to interfere with the existing public utility infrastructure, including Council drainage structures, unless prior approval is obtained from the relevant authority.
GENERAL
13 Throughout the course of construction MANDATORY CRITICAL STAGE INSPECTIONS and any additional inspections nominated by the PCA are required to be carried out in accordance with the Notice of Inspections provided by the PCA.
14 The owner and applicant should note that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant or ‘restriction as to user’ applicable to this property and that any action taken by the applicant in accordance with the consent which results in any loss or damage by way of breach of the covenant will not be the responsibility of Council.
15 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.
Page 41 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont) AT THE COMPLETION OF WORKS
16 The site is to be cleared of all building refuse and spoil immediately after completion of the building/structure.
17 The development or any portion of the development SHALL NOT BE USED OR OCCUPIED UNTIL an "Occupation Certificate Application" has been received and determined by the PCA and an Occupation or Interim Occupation Certificate has been issued.
Note: where Council is the PCA responsible for issuing the Occupation Certificate, the required fee and all associated information and certifications must accompany the application for the certificate. To ensure occupation or use of the development can occur in a timely fashion, the occupation certificate application should be submitted at the same time as the final mandatory critical stage inspection is being requested.
18 THE APPLICANT SHALL COMPLY WITH ALL OF THE CONDITIONS WITHIN THIS SCHEDULE PRIOR TO OCCUPANCY OR USE OF THE PROPOSED DEVELOPMENT.
CONSTRUCTION SAFETY STUDY
19 At least one month prior to the commencement of construction of the proposed project (except for construction of those preliminary works that are outside the scope of the hazard studies), or within such further period as the Council may agree, the Applicant shall prepare and submit for the approval of the Council a Construction Safety Study prepared in accordance with the Department of Planning’s Hazardous Industry Planning Advisory Paper No. 7, ‘Construction Safety Study Guidelines’. Construction, other than of preliminary works, shall not commence until approval has been given by the Council. For projects in which the construction period exceeds six (6) months, the commissioning portion of the Construction Safety Study may be submitted two months prior to the commencement of commissioning.
SAFETY MANAGEMENT PLAN
20 The Applicant shall develop and implement a comprehensive Safety management System, covering all on-site operations and associated transport activities involving hazardous materials. No later than two months prior to the commencement of commissioning of the proposed project, or within such further period as the Council may agree, the Applicant shall submit for the approval of the Council documentation describing that system. Commissioning shall not commence until approval has been given by the Council. The document shall clearly specify all safety related procedures, responsibilities and policies, along with details of mechanisms for ensuring adherence to the procedures. Records shall be kept on-site and shall be available for inspection by the Council
Page 42 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont) upon request. The Safety Management System shall be developed in accordance with the Department of Planning’s Hazardous Industry Planning Advisory Paper No. 9, ‘Safety Management’.
GENERAL TERMS OF APPROVAL – DEPARTMENT OF ENVIRONMENT & CONSERVATION
21 Except as otherwise expressly provided in any other condition of this licence, the licensee must comply with section 120 of the Protection of the Operations Act 1997. 22 Stormwater from all areas of the premises which has the potential to mobilise sediments and other material must be controlled and diverted through appropriate erosion and sediment control/pollution control measures or structures. 23 No offensive noise should be detectable at the boundary of the property after the commencement of the construction period. 24 Section 129 of the Protection of the Environmental Operations Act 1997, provides that the licensee must not cause or permit the emission of any offensive odour from the premises. 25 The premises must be maintained in a condition which prevents the emission of dust from the premises. 26 All chemicals, fuels and oils shall be stored in designed to contain 110 percent of the largest container contained within the bund.
ADVICES
A You are advised that, prior to submitting an application for an Occupation Certificate the applicant should ensure that all relevant conditions of development consent have been complied with.
B You are advised that an appropriate licence under section 120 of the Protection of the Environment & Operations (POEO) Act is required.
C You are advised that in regard to potential soil erosion from the construction site, such pollution of the environment is an offence under the Protection of the Environment & Operations (POEO) Act and may incur infringement fines.
D You (or the owner) are advised to notify Council in writing, of any existing damage to the street infrastructure (including landscaping) along the frontage of the property, prior to commencement of construction. The absence of such notification signifies that no damage exists. Where necessary repairs are carried out by Council, the owner of the property shall be held liable for the cost of those repairs.
E You are advised that the issue of this development consent does not amount to a release, variation or modification by Council of any covenant or easement applicable
Page 43 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont) to this property and that Council will not be held responsible when action on this consent results in any loss or damage by way of breach of matters relating to title of the property. F The use of any building/s associated with this development consent shall not be changed from the BCA classification approved of to that of another BCA classification unless the change of use has been approved under the Environmental Planning and Assessment Act, 1979.
Page 44 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont)
Officers Reports
DA 06-2676 POTENTIALLY HAZARDOUS & OFFENSIVE INDUSTRIAL DEVELOPMENT LOT 192 DP 1016698 62 RACECOURSE ROAD, RUTHERFORD
Locality Plan
Meeting Date: 10 April 2007
Attachment No : 1
Number of Pages : 1
Page 45 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont)
Page 46 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont)
Officers Reports
DA 06-2676 POTENTIALLY HAZARDOUS & OFFENSIVE INDUSTRIAL DEVELOPMENT LOT 192 DP 1016698 62 RACECOURSE ROAD, RUTHERFORD
Development Plans
Meeting Date: 10 April 2007
Attachment No : 2
Number of Pages : 2
Page 47 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont)
Page 48 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont)
Page 49 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont)
Officers Reports
DA 06-2676 POTENTIALLY HAZARDOUS & OFFENSIVE INDUSTRIAL DEVELOPMENT LOT 192 DP 1016698 62 RACECOURSE ROAD, RUTHERFORD
Submissions
Meeting Date: 10 April 2007
Attachment No : 3
Number of Pages : 6
Page 50 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont)
Page 51 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont)
Page 52 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont)
Page 53 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont)
Page 54 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont)
Page 55 ORDINARY MEETING AGENDA 10 APRIL, 2007
DA 06-2676 Industrial Development - Potentially Hazardous & Offensive Development Lot 192 DP 1016698, 62 Racecourse Road, Rutherford (Cont)
Page 56 ORDINARY MEETING AGENDA 10 APRIL, 2007
9.2.3 ILLEGAL MOTORBIKE ACTIVITY AT THORNTON A & D LAWRENCE SPORTING FIELDS
File No: P33893
Attachments: Copy of Petition Letter Aerial Photograph Photographs of current fencing at Thornton A & D Lawrence Sporting Fields
Responsible Officer: Lynn Morton Manager Community & Recreation Services
Author: Luke Erskine Recreation Planning Coordinator
EXECUTIVE SUMMARY This report provides Council with an overview of the issues resulting from the unauthorised motorcycle use of Council land in Thornton. The report examines the issues with the current fencing infrastructure and recommends regulatory options for managing motor bike use and access. Although the report has a specific focus on the Thornton issue, most of the issues and recommendations have broader application across the whole of the Maitland LGA.
OFFICER'S RECOMMENDATION THAT
1. The head petitioner be advised of Council’s decision
2. Council continue to support the partnership between Maitland City Council Rangers and the NSW Police to help minimise the problem.
BACKGROUND A petition has been received from the users of Thornton A & D Lawrence Sporting Fields in which they have raised the issue of illegal motorbike activity within the reserve (refer Attachment 1). The motorbikes are unregistered and access the Council land via Government Road, Thornton.
The motorbike riders cross the reserve and exit via the bushland on the western side of the reserve. The users of the reserve now wish Council to pursue other measures to stop the unauthorised and undesirable use of the reserve. (Refer location plan Attachment 2 and site photographs Attachment 3).
Page 57 ORDINARY MEETING AGENDA 10 APRIL, 2007
ILLEGAL MOTORBIKE ACTIVITY AT THORNTON A & D LAWRENCE SPORTING FIELDS (Cont.) REPORT In the last 10 years, the popularity of motorbike riding has increased dramatically, particularly as the Maitland Local Government Area (LGA) continues to grow. The mosaic of developed areas adjacent to undeveloped areas exacerbates the problem of unauthorised use of Council and private property adjacent to residential areas.
As identified by the users of the reserve, there is conflict between recreational motorbike riders and sporting bodies who utilise the Council recreational reserve. The safety issues associated with the illegal bikes utilising the reserve combined with the noise and dust problems is impacting on the users of the reserve and the lifestyle of residents.
Through the enforcement activities of Councils Rangers the area of concern is regularly patrolled and monitored. It is acknowledged that the matters raised by petitioners exist and that the effectiveness of actions that can be taken by Council is limited.
However since August 2006 the subject site, along with other identified “hotspots” are regularly visited throughout the week by Rangers. This includes a regular and rostered weekend patrol of the Thornton site. These patrols generally involve the presence of high visibility officers, issuing of verbal cautions and the gathering of details and potential evidence. Infringement notices are issued when sufficient evidence of an offence is available.
This intelligence is passed on to the Maitland Police command on a monthly basis, by an agreed arrangement between the two parties. The utilisation of the dedicated police bike squad has been undertaken previously however their resources are stretched across a wide area. The benefit however is that the Police have significantly wider powers of impounding and enforcement in this jurisdiction, this includes the matters like the use of unregistered bikes, unlicensed riders, failure to wear helmets and driving in dangerous manner.
Through the regular patrolling and response to complaints it has become apparent that an improvement in regulatory signage is warranted and though additional signs have been erected, a further roll out would be beneficial. These signs serve two main purposes, one being as an information/prohibition advice and secondly as a clearly defined basis for the issuing of penalty infringements.
Options for additional traffic control measures or fencing as suggested in the petition, designed to restrict vehicular (including motor bike) access to the site have been investigated. Reducing access to these areas is supported as a physical deterrent, though the effectiveness of such measures is important to consider given the numerous access interfaces that exist. In this particular case numerous access points are available to the reserve and fencing is largely impractical. Traffic control measures ie improved fencing could be undertaken along the Government Road boundary. This would reduce the gaps between the existing koppers log fencing and would act to restrict motorbike access but would also compromise pedestrian and bicycle activity. Such an option would cost in the order of $60 per metre, and with an approximate length of 100 metres would
Page 58 ORDINARY MEETING AGENDA 10 APRIL, 2007
ILLEGAL MOTORBIKE ACTIVITY AT THORNTON A & D LAWRENCE SPORTING FIELDS (Cont.) require a budget allocation of $6,000. If Council were to pursue such an option this would need to be considered as an addition to the 06/07 Management Plan.
FINANCIAL IMPLICATIONS This report is recommending that Council continue its existing approach to deal with this issue and therefore has no direct financial impact upon the Council’s budget or forward estimates. If however Council were of a view that additional fencing was required, Council would need to vote the sum of $6,000 required to undertake traffic control works at Thornton A and D Lawrence sporting fields, Thornton as an addition to the Management Plan 06/07.
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 59 ORDINARY MEETING AGENDA 10 APRIL, 2007
ILLEGAL MOTORBIKE ACTIVITY AT THORNTON A & D LAWRENCE SPORTING FIELDS (Cont.)
Officers Reports
ILLEGAL MOTORBIKE ACTIVITY AT THORNTON A & D LAWRENCE SPORTING FIELDS
Copy of Petition Letter (18 Signed Copies Received)
Meeting Date: 10 April 2007
Attachment No : 1
Number of Pages : 1
Page 60 ORDINARY MEETING AGENDA 10 APRIL, 2007
ILLEGAL MOTORBIKE ACTIVITY AT THORNTON A & D LAWRENCE SPORTING FIELDS (Cont.)
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ILLEGAL MOTORBIKE ACTIVITY AT THORNTON A & D LAWRENCE SPORTING FIELDS (Cont.)
Officers Reports
ILLEGAL MOTORBIKE ACTIVITY AT THORNTON A & D LAWRENCE SPORTING FIELDS
Aerial Photograph
Meeting Date: 10 April 2007
Attachment No : 2
Number of Pages : 1
Page 62 ORDINARY MEETING AGENDA 10 APRIL, 2007
ILLEGAL MOTORBIKE ACTIVITY AT THORNTON A & D LAWRENCE SPORTING FIELDS (Cont.)
Proposed location of fencing illegal motorbike activity
Figure 1: Aerial photograph of Thornton A & D Lawrence Sporting Fields.
Page 63 ORDINARY MEETING AGENDA 10 APRIL, 2007
ILLEGAL MOTORBIKE ACTIVITY AT THORNTON A & D LAWRENCE SPORTING FIELDS (Cont.)
Officers Reports
ILLEGAL MOTORBIKE ACTIVITY AT THORNTON A & D LAWRENCE SPORTING FIELDS
Photographs of Current Fencing at Thornton A & D Lawrence Sporting Fields
Meeting Date: 10 April 2007
Attachment No : 3
Number of Pages : 4
Page 64 ORDINARY MEETING AGENDA 10 APRIL, 2007
ILLEGAL MOTORBIKE ACTIVITY AT THORNTON A & D LAWRENCE SPORTING FIELDS (Cont.)
Figure 1: Example of existing fencing to limit access to sporting fields.
Page 65 ORDINARY MEETING AGENDA 10 APRIL, 2007
ILLEGAL MOTORBIKE ACTIVITY AT THORNTON A & D LAWRENCE SPORTING FIELDS (Cont.)
Figure 2: Existing control measure to stop illegal access to sporting fields adjacent to Government Road at southern end of reserve.
Figure 3: As above.
Page 66 ORDINARY MEETING AGENDA 10 APRIL, 2007
ILLEGAL MOTORBIKE ACTIVITY AT THORNTON A & D LAWRENCE SPORTING FIELDS (Cont.)
Figure 4: Existing section of fencing along Government Road. Note: fencing along Government Road is not complete.
Figure 5: Access point for motorbikes in the north eastern corner of reserve.
Page 67 ORDINARY MEETING AGENDA 10 APRIL, 2007
ILLEGAL MOTORBIKE ACTIVITY AT THORNTON A & D LAWRENCE SPORTING FIELDS (Cont.)
Figure 6: Access point for motorbikes in the north eastern corner of reserve.
Figure 7: Access to south eastern corner of reserve.
Page 68 ORDINARY MEETING AGENDA 10 APRIL, 2007
9.2.4 AMENDMENT TO MAITLAND CITYWIDE DCP - ABERGLASSLYN URBAN RELEASE AREA
File No: 103/120
Attachments: Locality Plan Submissions Aberglasslyn Area DCP (Under Separate Cover)
Responsible Officer: Monica Gibson City Strategist
Author: Mark Roser Strategic Planner
EXECUTIVE SUMMARY On the 18 October 2005 Council resolved to prepare and publicly exhibit the Aberglasslyn Urban Release Area Plan, being a chapter of the Maitland CityWide Development Control Plan, for land identified as the Aberglasslyn Urban Release Area.
The draft Area Plan was exhibited from 7 December 2006 to 19 January 2007, with eight (8) submissions being received. The draft Area Plan is consistent with the adopted Aberglasslyn Structure Plan and provides guidance to people wishing to carry out development on the subject lands.
The majority of the land affected by the draft Area Plan has recently been rezoned to allow residential development. Further, the draft Area Plan has been reviewed to take into consideration the submissions received.
Adoption of the draft Aberglasslyn Urban Release Area Plan is therefore recommended.
OFFICER'S RECOMMENDATION THAT Council resolve to adopt the Aberglasslyn Urban Release Area Plan that will form part of the Maitland CityWide DCP.
BACKGROUND The subject land was identified in the Maitland Urban Settlement Strategy (MUSS) as a Category 1 Investigation Area, being suitable for residential development. A locality plan is appended to this report as Attachment 1. Council subsequently adopted the Aberglasslyn Structure Plan of 18 October 2005, which established the basic strategic framework to guide rezoning, development and management of the area. Council also resolved to prepare and exhibit a draft Local Environment Plan Amendment for rezoning and a draft Urban Release Area Plan.
Page 69 ORDINARY MEETING AGENDA 10 APRIL, 2007
AMENDMENT TO MAITLAND CITY WIDE DCP - ABERGLASSLYN URBAN RELEASE AREA (Cont.)
The majority of the land contain within the boundaries of the Aberglasslyn Urban Release Area was rezoned on 2 March 2007 (LEP Amendment No.92), which enables Council to consider residential and associated development, together with environmental and heritage protection.
REPORT
The draft Area Plan was publicly exhibited from 7 December 2006 to 19 January 2007, with eight (8) submissions being received, with Stocklands Development Pty Ltd and Andrews Neil Pty Ltd submitting two (2) submissions each. The issues raised in those submissions are addressed later in this report section.
The draft Area Plan contains written statements that include the desired future outcomes, indicative road layout, development objectives and requirements. The draft Area Plan provides controls and guidance for subdivision plans, traffic, infrastructure, water cycle management, flooding, landscaping, streetscape, vegetation management, open space, scenic protection, heritage management, bushfire control, and noise management.
Some of the key points in the draft Area Plan include:
• Identifying and general location of parks and open space; • New intersection works, road hierarchy strategy and local road connections; • Protection of environmentally sensitive areas and flood liable rural land; • Landscaping and provision of a noise buffer along North Coast Railway line; • Identification of visually sensitive areas and protection of heritage buildings; and • Identification of pedestrian and cycle routes
It is considered the provisions and requirements of the draft Area Plan are consistent with established development standards and will suitably guide future development. Whilst the draft Area Plan relates specifically to land identified in the Aberglasslyn Urban Release Area, other chapters of the CityWide DCP will also apply to new development, such as the Subdivisions Guidelines and the Lower Hunter Urban Housing Code.
PUBLIC EXHIBITION
The issues raised in the eight (8) submissions have been grouped for easy identification and comment. A copy of the submissions area appended to this report as Attachment 2.
Traffic, Transport and Road Issues -
• Disagreement with road designs for distributor/collector roads including foot and cycle ways; • Direct access onto Aberglasslyn Rd from existing and proposed dwellings; • Transport and Traffic Study requirements too onerous • Location of major distributor road and collector roads
Page 70 ORDINARY MEETING AGENDA 10 APRIL, 2007
AMENDMENT TO MAITLAND CITY WIDE DCP - ABERGLASSLYN URBAN RELEASE AREA (Cont.)
Comments
The design of roads, footways and cycle paths are required to follow those standards identified within Council’s Manual of Engineering Standards. Some submissions have requested a variation to these standards. The variations propose to increase the standards in some circumstances for a better design outcome appropriate to specific areas rather than a blanket variation across the urban release area. It has been considered the proposed variations are minimal and provide a better design outcome in the requested site specific areas. The suggested amendments in this regard are supported.
Direct access onto Aberglasslyn Road will be maintained for those existing dwellings. Direct access onto Aberglasslyn road for new dwellings in the Southern Precinct will be permissible.
The Draft Area Plan has been amended to reflect the requirement of a Traffic and Transport report not a study .This is considered suitable, as extensive traffic investigations have been undertaken at the structure planning and rezoning stages.
The identified locations of roads within the proposed road hierarchy of the draft Area Plan reflect a desired outcome for traffic movement and road hierarchy within the Aberglasslyn urban area. The preferred locations of these roads follow best path routes ie, flood free land, flowing contours and topographical features, to best integrate into the wider proposed road network. The exact location of these roads are yet to be finalised and will form part of more detailed plans submitted with subdivision applications for the development of the area.
The Oakhampton level rail crossing and potential upgrade for improved safety, due to increased traffic resulting from the urban expansion of the locality, is being investigated with ARTC and RIC. The development of the eastern precinct has the potential to trigger the desired upgrades rather than the western central and southern precincts.
The development of an improved railway station at Oakhampton would incur significant infrastructure cost. The proposed urban expansion of Aberglasslyn provides for suitable alternative public transport to link with local and regional transport infrastructure.
Natural Watercourses/Drainage and Flooding
• Confusion with description and treatment requirements between major and minor drainage lines; • Concern with the disposal of road stormwater onto private land; • Disagreement with the extent of flooding on Oakhampton Rd, Aberglasslyn Rd and flooding in the southern precinct.
Page 71 ORDINARY MEETING AGENDA 10 APRIL, 2007
AMENDMENT TO MAITLAND CITY WIDE DCP - ABERGLASSLYN URBAN RELEASE AREA (Cont.) Comments
The suggested amendments to the draft Area Plan regarding those issues pertaining to major and minor drainage lines are supported and have been included in the draft Plan.
The disposal of stormwater from roads and paved surfaces will be in accordance with Council’s Manual of Engineering standards. The development and improvement of roads in the locality of Tea Tree Ave will provide for an opportunity to address the disposal of stormwater from roads in this locality.
The extent of flooding within the Aberglasslyn urban release area has been calculated using data from the 1% flood.
Fencing Requirements and Standards
• Submissions raised concerns with regard to the type, style and height of boundary fencing throughout the proposed urban area.
Comments
Fencing of boundaries will need to comply with Council’s standards for residential fencing. Fencing within the Heritage Control Area will need to be of a rural type fence, ie post and rail or wire and post type cattle fencing.
Acoustic solid barrier fencing is required along the boundary of lots adjoining the North Coast Railway line.
Services/Infrastructure
• Submission makers have raised concerns over the provision and cost of services and associated infrastructure to each allotment.
All required services for urban development will be provided to the boundary of allotments at the subdivision stage by the developer. Connection of these services to residential buildings are costed to the individual owner developing the dwelling.
High Density Housing
• Some submission makers have raised concerns over the provision and location of high density housing and housing heights including social problems which come with rental properties.
Comments
The submission’s concerns are not supported. The draft Aberglasslyn Urban Release Area Plan provides for a diverse range of residential housing which includes a mixture of densities, heights and building designs, Council’s Lower Hunter Urban Housing Code contained in the Maitland Citywide DCP will control and manage dwelling heights and densities.
Page 72 ORDINARY MEETING AGENDA 10 APRIL, 2007
AMENDMENT TO MAITLAND CITY WIDE DCP - ABERGLASSLYN URBAN RELEASE AREA (Cont.)
Further, Council has no role in housing ownership or tenancy arrangements with regard to private property. There is a need and demand in the community for rental accommodation, and it is likely that some housing in the area may be for rental purposes.
Openspace/Public Facilities
• Concerns with regard to the lack of suitable active/passive open space and public facilities.
Comments
The submission’s concerns are not supported. The draft Area Plan provides for public open space and community facilities consistent with Council’s adopted Section 94 Plan (Citywide) 2005.
Southern Precinct Component
• Lack of detail for Southern Precinct • Order of development of precincts
Comments
Consultants PCB have submitted a Southern Precinct Plan and development requirements for the area. The draft Area Plan has been amended to include the Southern Precinct Plan and development requirements consistent with the other precinct requirements in the draft Area Plan.
Development of precincts will be consistent with the logical and economical provision of service facilities and infrastructure.
Eastern Precinct Component
• Concerns with regard to the lack of detail for the Eastern Precinct
Comments
A precinct plan for the Eastern Precinct is required to be developed prior to the submission of applications for the development of the Eastern Precinct. This area is considered to be the last to be developed given the distances to servicing infrastructure in the early stages of the Aberglasslyn urban release area.
Impact on Private Water Supply Lines
• Concerns with regard to the loss of existing water supply • Interruption of access to existing water supply
Page 73 ORDINARY MEETING AGENDA 10 APRIL, 2007
AMENDMENT TO MAITLAND CITY WIDE DCP - ABERGLASSLYN URBAN RELEASE AREA (Cont.) Comments
Existing water supply lines to properties in the urban release area will be maintained or incorporated into the water supply network as urban development proceeds depending on the nature of the existing water supply line and their intended use. Consultation between Hunter Water Corp and developers will be required to determine the nature of the private line and the future provision/protection of water supply to specific properties.
CONCLUSION
The draft Aberglasslyn Urban Release Area Plan is consistent with the Maitland Urban Settlement Strategy, the Maitland Section 94 Plan (Citywide) 2005, and the recent rezoning of the subject land from rural to residential.
The draft Area Plan will provide further detailed guidance to people wishing to carry out development in the identified area, thereby giving the Council and community clear direction and clarity as to the expected residential character and future neighbourhood amenity.
The draft Area Plan will come into effect on the date that a public notice of its approval is given in the local newspaper. This must occur within 28 days of the Council resolution.
FINANCIAL IMPLICATIONS There are no financial impacts on Council’s budget or forward estimates.
POLICY IMPLICATIONS The draft Aberglasslyn Urban Release Area Plan is an amendment to the Maitland Citywide DCP, and is to be read in conjunction with other relevant chapters of that DCP.
The Draft Plan is consistent with other Council Policies.
STATUTORY IMPLICATIONS The draft Aberglasslyn Urban Release Area Plan has been prepared and exhibited in accordance with the requirements of the Environmental Planning and Assessment Act, 1979.
The draft Plan will provide Council with development controls specific to the circumstances of the area. It will ensure developers and the public have a clear understanding of Council’s standards for urban subdivisions new residential development so as to guide the areas future residential character and form.
Page 74 ORDINARY MEETING AGENDA 10 APRIL, 2007
AMENDMENT TO MAITLAND CITY WIDE DCP - ABERGLASSLYN URBAN RELEASE AREA (Cont.)
Officers Reports
AMENDMENT TO MAITLAND CITY WIDE DCP - ABERGLLASSLYN URBAN RELEASE AREA PLAN
Locality Plan
Meeting Date: 10 April 2007
Attachment No : 1
Number of Pages :1
Page 75 ORDINARY MEETING AGENDA 10 APRIL, 2007
AMENDMENT TO MAITLAND CITY WIDE DCP - ABERGLASSLYN URBAN RELEASE AREA (Cont.)
Page 76 ORDINARY MEETING AGENDA 10 APRIL, 2007
AMENDMENT TO MAITLAND CITY WIDE DCP - ABERGLASSLYN URBAN RELEASE AREA (Cont.)
Officers Reports
AMENDMENT TO MAITLAND CITY WIDE DCP - ABERGLASSLYN URBAN RELEASE AREA PLAN
Submissions
Meeting Date: 10 April 2007
Attachment No : 2
Number of Pages : 25
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AMENDMENT TO MAITLAND CITY WIDE DCP - ABERGLASSLYN URBAN RELEASE AREA (Cont.)
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9.2.5 AMENDMENT TO MAITLAND CITY WIDE DCP - OUTDOOR DINING
File No: 103/129
Attachment: Outdoor Dining DCP (Under Separate Cover)
Responsible Officer: Monica Gibson City Strategist
Author: Clare Vint Town Planner
EXECUTIVE SUMMARY Council’s operates a footway dining policy and a separate policy for outdoor dining in Maitland City Centre. Part of the City Wide Development Control Plan section on Conservation and Design Guidelines is dedicated to outdoor dining. The Draft Outdoor Dining Development Control Plan intends to amalgamate the relevant sections of these existing policies to encourage the appropriate establishment of outdoor eating areas in the City of Maitland to support local economic development and commercial viability.
Council is undertaking the revitalisation of the commercial areas of East Maitland, Woodberry, Tenambit and Rutherford through various programmes. These areas offer the potential for outdoor dining to enhance the commercial opportunities available to businesses. Incentives, in the form of reduced car parking provision are proposed for Central Maitland to further encourage cafes and restaurants in the CBD.
The Draft Outdoor Dining DCP will facilitate Heritage Incentives to bring heritage buildings back in to a viable reuse and to conserve the buildings.
OFFICER’S RECOMMENDATION THAT:
1. The Draft Outdoor Dining DCP be exhibited for a period of 28 days in accordance with Clause 18 of Environmental Planning & Assessment Regulation, 2000.
2. A further report be provided to Council at the close of the exhibition period providing an overview of any submissions received and any alterations made to the Draft DCP in response to these submissions.
REPORT
BACKGROUND Council has current two outdoor dining practices in force ‘A Guide to Footway Dining Areas in Maitland’ was issued in March 1999 and applies across the City
Page 103 ORDINARY MEETING AGENDA 10 APRIL, 2007
AMENDMENT TO MAITLAND CITY WIDE DCP - OUTDOOR DINING (Cont.) and ‘Maitland City Centre-Outdoor Dining Policy 2002. Both policies concern the use of footpaths/malls and the like for outdoor dining.
The attached Draft Outdoor Dining DCP updates the current requirements for dining and consider the issues of outdoor dining on private land and the need for Development Consent and/or a Construction Certificate (where relevant) on both public and private land. It also gives guidance on the location and siting of outdoor dining, and sets out the car parking, health, licensing, insurance and amenity considerations.
The objectives of the Draft DCP are: • To encourage, where appropriate, the establishment of outdoor eating areas in the City of Maitland to support local economic development and commercial viability; • To increase and facilitate tourism potential and create active and vital street and river frontages; • To promote a high quality visual environment, ensuring that outdoor dining contributes to the improvement of the streetscape; • To regulate the use of outdoor dining areas to avoid nuisance or inconvenience to the public, and to ensure that pedestrian or other forms of traffic are not unduly impeded by the use of a public area for outdoor eating; • To provide guidelines for implementing and maintaining outdoor dining areas to ensure that adjoining premises are not adversely affected and that the area is kept in a clean and tidy manner.
The updates to the policy include a reduction in the requirements for a clear footpath of 2.5 metres down to 2 metres (pavement widths of 1.8 metres allow two wheelchairs to pass safely). This revision allows outdoor dining to be undertaken in additional areas of the City and for a greater area of dining to be created, providing for greater commercial opportunity.
Car Parking Car parking is required for refreshment rooms under the City Wide DCP. The table below is an extract from the Car Parking Requirements section:
Refreshment room in Maitland City Centre. 1 space per 35m2 gross floor area (The change of use of an existing building (GFA) for new floor space within the business zones within Maitland City Centre to refreshment room does not require the provision of additional car parking spaces.) Refreshment room in Zone 3(a) General 1 space per 25m2 GFA Business: shops less than 1000m2 Refreshment room in Zone 3(a) General 1 space per 16m2 GFA Business: shops greater than 1000m2 Refreshment room in all other areas 1 space per 6.5m2 service area or 1 space per 3 seats, whichever the greater
Page 104 ORDINARY MEETING AGENDA 10 APRIL, 2007
AMENDMENT TO MAITLAND CITY WIDE DCP - OUTDOOR DINING (Cont.) The Maitland City Centre-Outdoor Dining Policy does not require outdoor dining areas in the City Centre to be included in the calculation for car parking requirements to encourage café and restaurant uses. This needs to be formalised and forms part of the draft DCP provisions discussed in this report.
FINANCIAL IMPLICATIONS The fees charged for an application and for renewal of Development Consent and Council Approval cover the cost of the relevant assessment under the scheme. In the current financial year the cost of an application for footpath dining is $205. An additional charge of $43 is made where the proposal is on a classified road.
The annual license fee or rent is charged on a per chair basis, $25.08 (including GST), covering the cost of the administration of the scheme.
Licensees of the footpath/mall for dining are responsible for the maintenance and insurance of the footpath, over which they have taken a licence.
POLICY IMPLICATIONS This report recommends the exhibition of a Draft Outdoor Dining Development Control Plan, which if adopted would be incorporated into the Maitland City Wide Development Control Plan.
STATUTORY IMPLICATIONS The Development Control Plan has been prepared and will be exhibited in accordance with the Environment and Planning Assessment Act and associated regulations.
Page 105 ORDINARY MEETING AGENDA 10 APRIL, 2007
9.2.6 TENAMBIT NEIGHBOURHOOD SHOPPING CENTRE REVITALISATION PLAN
File No: 103/128
Attachment: Locality Map Precinct Plan Implementation Projects
Responsible Officer: Monica Gibson City Strategist
Author: Clare Vint Town Planner
EXECUTIVE SUMMARY Council resolved on 9 May 2006 that a further report on the Draft Revitalisation Plan for Woodberry and Tenambit Neighbourhood Centres be presented to Council. The Plan for Woodberry was presented on 13 February 2007. This report discusses proposals for the Tenambit neighbourhood commercial centre. The report examines potential improvements to the quality of the shopping environment in Tenambit, which in many are cases simple changes. For example improving the layout of the car park would facilitate additional car parking spaces and provide a loading bay and more accessible spaces. Priorities for physical enhancement by Council are given, with the parking layout the first priority.
OFFICER'S RECOMMENDATION THAT:
1. The draft Revitalisation Plan be publicly exhibited and consultation be undertaken with key stakeholders for a period of 28 days. 2. A further report be presented to Council after the exhibition period to consider community comment and funding options for the plan.
REPORT
BACKGROUND Tenambit has been identified as a neighbourhood centre in the Commercial and Retail section of the City Wide Development Control Plan. The role of these centres is to “provide daily convenience shopping for their immediate locality”, providing “basic food and housekeeping items, often containing take away food shops…hairdressers, doctors and the like, within walking distance of a large proportion of residences in the neighbourhood”.
Page 106 ORDINARY MEETING AGENDA 10 APRIL, 2007
TENAMBIT NEIGHBOURHOOD SHOPPING CENTRE REVITALISATION PLAN (Cont.) Tenambit has an historic estate layout. The shopping precinct developed later, in the 1970s, as a small row of privately owned shops, with parking to the north, accessed from Maize Street. The centre is popular with essential services including a post office, a recently extended food store and a medical practice. Within 500m of the precinct are child care facilities, primary and secondary schools, formal and informal recreational land, a golf course and a bowling club. Immediately to the south of the precinct lies Council’s community land and a small community centre (173 sq m) and public WC. An after school club is run at the centre.
The locality has seen an expansion in population in recent years with increasing numbers of infill developments. The locality is still growing and could sustainably support additional population increases and increased commercial activity.
However, the commercial precinct is starting to show its age and maintenance and access issues have been identified. Potential increases in population will exacerbate these issues.
The opportunity exists to create a more vibrant and vital precinct improving the quality of the environment and quantity of services provided for customers and opportunities for business.
QUALITY OF THE SHOPPING ENVIRONMENT Car Parking and Access Good easy access for vehicles and pedestrians in a pleasant environment along with a good variety of services is key to making a shopping precinct attractive. There are 40 car parking spaces to the north of the precinct, including two accessible bays (the location of which may need to be reviewed). Many of these are reverse parking up hill against the flow of traffic. There are an additional 2 half bays, or left over spaces, there are 2 taxi bays.
There is currently a good supply of parking, with a relatively quick turn around on the car parking spaces drawing visitors from Tenambit and the adjacent localities. However in the future demand is likely to grow. Efficient layouts of the car park to Maize Street will need to be investigated. Staff and customer parking areas to the rear of the existing properties will be encouraged. Introducing a parking bay to the edge of Maize Street will also help. There is potential for up to 16 additional spaces and a further accessible space, with opportunity to sign Kenneth Lane for overflow parking.
The car park is in a visible position and has good vehicular access. However, pedestrian access to the precinct could be improved in several ways: reduction of the width of Maize Street at the existing crossing points; creating a pavement along the existing landscaped belt to the edge of Maize Street; introducing pram ramps where required to facilitate access; increasing the number of accessible parking bays; and the introduction bicycle racks for cyclists.
The introduction of a loading bay adjacent to the post office will facilitate quick off loading and collection from the post box. However, loading will be encouraged from Kenneth Lane, where many properties have rear entrances. Improvement to
Page 107 ORDINARY MEETING AGENDA 10 APRIL, 2007
TENAMBIT NEIGHBOURHOOD SHOPPING CENTRE REVITALISATION PLAN (Cont.) the informal drives and parking to the rear of the properties with the provision of a footpath, drive crossings and driveways and hard standing coupled with improved boundary treatment of landscaping and or fences will formalize and create better control over loading and servicing.
There are three (3) bus stops in the locality, one with a shelter which is in poor condition. A replacement shelter and seat and two additional seats at the remainder is recommended.
The pavement to the front of the shops has cross-falls and a longitudinal slope that means that it is practically impossible for it to comply with the requirements of the Disability Act unless the entire pavement is reconstructed along with all the entrances to the shops, which is impractical. However, undertaking repairs to the surface will help with the current unevenness.
Many of the properties have steps into the premises, some with more than one. Provision of guidance of how each shop may come closer to the required access standards would be possible.
Streetscape Elements Where the opportunity arises the lighting of the precinct should be increased and ‘white’ light provided; creating a greater feeling of security for customers.
The landscaping of the precinct is in need of maintenance and enhancement. The areas to Maize Street to Kenneth Lane could benefit.
Improved signage is proposed for vehicles and pedestrians; encouraging greater use of the precinct.
Where the opportunity arises, the erection of a community notice board potentially in association with a public art project would further enhance the community’s experience of the Precinct.
The introduction of a colour theme to the precinct will provide a homogenous feel to the area. Shades of clear red through to rusty red and auberigine (eggplant) would be the appropriate colour scheme, with signs written in white on a dark red background. Metal elements of the proposed additional street furniture will also be painted dark red, with a classic but not old fashioned feel to the styling.
There is little space for outdoor dining immediately to the front of the shops, given the narrow width of pavement. An increase in the provision of bench seating and improved landscaping may encourage informal dining around the precinct. Dining could be encouraged in the park by providing greater shade to the existing picnic benches, or placing additional bench seating in the shade. Dining might be possible in the rear private areas of the properties, subject to consent, and umbrellas or other shade protection would be required along with appropriate styles of furniture. Umbrellas should be red in colour to establish a ‘character’ and homogeneity to the Precinct.
Page 108 ORDINARY MEETING AGENDA 10 APRIL, 2007
TENAMBIT NEIGHBOURHOOD SHOPPING CENTRE REVITALISATION PLAN (Cont.) IMPLEMENTATION The draft revitalisation plan is attached to this report.
The prioritised projects from this draft plan are:
1. Alterations to the layout of the car park, with new line marking would make a significant difference to the Centre in a short space of time. The introduction of additional accessible bays and a loading bay would enhance facilities and ease of operation. New signage for the altered operation of the car park is required. 2. The introduction of signage to promote the Centre is important. 3. Reducing the width of the zebra crossings and inserting a parking area adjacent to the Centre, a footpath along this frontage and associated landscaping. Renewal of pavement surface to the shop frontages. 4. Introduction of new street furniture, cycle parking and bus shelter.
It is proposed that over the next two financial years Council will aim to work with the community to implement as many of these projects as possible within an agreed overall budget.
Several of the projects have already been identified as part of the Section 94A Plan, and an estimated cost attributed to them. However, the priority on these schemes varies, it is recommended that the Section 94A Plan be amended to allow these road and footpath works to be undertaken in a timely manner. Additional funding for signage, landscaping and street furniture replacement may need to be sought if there is no residue from the funding identified. Funding options will be the subject of a further report to Council.
FINANCIAL IMPLICATIONS Additional funding for new street furniture, cycle parking and a bus shelter will need to be confirmed via a further report to Council pending investigation of costs.
POLICY IMPLICATIONS There are no policy implications for exhibiting the draft revitalisation plan for Tenambit neighbourhood commercial centre or the identification of priorities for projects.
STATUTORY IMPLICATIONS There are no statutory implications arising from this report. .
Page 109 ORDINARY MEETING AGENDA 10 APRIL, 2007
TENAMBIT NEIGHBOURHOOD SHOPPING CENTRE REVITALISATION PLAN (Cont.)
Officers Reports
TENAMBIT REVITALISATION PLAN
Locality Map
Meeting Date: 27 March 2007
Attachment No : 1
Number of Pages : 1
Page 110 ORDINARY MEETING AGENDA 10 APRIL, 2007
TENAMBIT NEIGHBOURHOOD SHOPPING CENTRE REVITALISATION PLAN (Cont.)
Page 111 ORDINARY MEETING AGENDA 10 APRIL, 2007
TENAMBIT NEIGHBOURHOOD SHOPPING CENTRE REVITALISATION PLAN (Cont.)
Officers Reports
TENAMBIT REVITALISATION PLAN
Precinct Plan
Meeting Date: 27 March 2007
Attachment No : 2
Number of Pages : 1
Page 112 ORDINARY MEETING AGENDA 10 APRIL, 2007
TENAMBIT NEIGHBOURHOOD SHOPPING CENTRE REVITALISATION PLAN (Cont.)
Page 113 ORDINARY MEETING AGENDA 10 APRIL, 2007
TENAMBIT NEIGHBOURHOOD SHOPPING CENTRE REVITALISATION PLAN (Cont.)
Officers Reports
TENAMBIT REVITALISATION PLAN
Implementation Projects
Meeting Date: 27 March 2007
Attachment No : 3
Number of Pages : 2
Page 114 ORDINARY MEETING AGENDA 10 APRIL, 2007
TENAMBIT NEIGHBOURHOOD SHOPPING CENTRE REVITALISATION PLAN (Cont.) IMPLEMENTATION PROJECTS
Pedestrian Access
1. Form pavement along southern side of Maize Street across the frontage of the row of shops by reducing the width of the landscaped area. Replace the one or two trees affected by the new pavement with appropriate species. Additional landscaping to be provided in the existing belt of trees where appropriate. 2. Reduce the road width to each zebra crossing to reduce the crossing distance and provide greater visibility and safety for pedestrians. 3. Provide a renewed surface to the pavement adjacent to the shops with a mock block paver finish such as ‘street-print’ to repair the surface. 4. Provide better pedestrian access through the provision of hard surface paths around the shopping centre Signage 5. New welcome signs located on Maize Street 20-40m beyond the existing crossings and on Sinclair Street before the junction with Kenneth Street. “Welcome to Tenambit Shopping Precinct” and “Thank you for using at Tenambit Shopping Precinct” on the reverse, white on dark red. 6. Ensure that the standard blue directional posts are secured pointing in correct direction and are sufficient to locate the Precinct. 7. Create/enhance ‘one-way’ access signage for vehicles. 8. Sign Kenneth Lane for parking overflow. 9. Remove Extraneous signage Parking & Servicing 10. Provide 2 additional accessible bays. One adjacent to the shops and one in the main row of parking. 11. Revise the parking layout to ensure that the maximum number of parking spaces is provided. Remark the parking bays. Move taxi rank to a position opposite the pram ramp to the shops. 12. Provide parallel parking indented 1m from Maize Street for additional parking opportunities. Additionally, paving between the new parking bay and the existing parking area. 13. Promote additional private parking to rear of shops for staff and customers visiting specific businesses, and Kenneth Lane for parking overflow. 14. A small area of parking for at least 3 bicycles should be provided in the landscaped area close to the entry point to the car park. 15. Create a specialist loading area Street Furniture The street furniture should generally be made of timber with some metal, in robust styles. Where appropriate metal work should be painted dark red. 16. Additional seating and replacements of the existing.
Page 115 ORDINARY MEETING AGENDA 10 APRIL, 2007
TENAMBIT NEIGHBOURHOOD SHOPPING CENTRE REVITALISATION PLAN (Cont.) 17. Litter bins which contain the standard wheelie bins should be used. Those from the East Maitland Shopping Precinct which are already painted red could be recycled here. 18. Improve the existing lighting and/or change to ‘white lights’. 19. Replacement/repaired bus shelter and new seating at 2 other stops.
Page 116 ORDINARY MEETING AGENDA 10 APRIL, 2007
9.3 ASSETS
9.3.1 PROPOSED ROAD CLOSURE FOR PART PATHWAY OFF NATHAN CLOSE ADJOINING LOT 186, DP 243854 AT METFORD
File No: 122/901
Attachments: Locality Plan
Responsible Officer: Chris James Group Manager, Assets
Author: Suzanne Schmidt Assets Design Officer
EXECUTIVE SUMMARY An application has been made for the closure and purchase of part of the existing public pathway off Nathan Close, Metford adjoining lot 186, Dp 243854.
The area is currently encompassed within private property boundaries, and is included in the residential properties landscaped surrounds. Closing the proposed parcel of land and selling it to the property owner will negate the necessity of removing any existing landscape features of the property, and making any changes to the existing property layout.
Impacts of the closure are not considered significant, and will have no impact on any existing pedestrian movement or access through the recreational reserve.
OFFICER'S RECOMMENDATION THAT:
1. Council agree to close part of the public pathway off Nathan Close Metford, being that part adjoining Lot 186, DP 243854 (Residential Property)
2. The applicant is to meet all costs associated with the closure and transfer of the land.
3. Upon closure, the land is to be classified as operational land and sold to the adjoining land owner at a price determined by a registered land valuer.
REPORT Council has received an application to consider the closing and purchase of part of the public pathway off Nathan Close Metford, being that pert adjoining Lot 186, DP243854.
Page 117 ORDINARY MEETING AGENDA 10 APRIL, 2007
PROPOSED ROAD CLOSURE FOR PART PATHWAY OFF NATHAN CLOSE ADJOINING LOT 186, DP 243854 AT METFORD (Cont.)
The part pathway to be closed is currently occupied by the adjoining land holder as part of his property layout and lies within his boundary fence line.
The fence was erected some 25 years ago parallel to the concrete pathway. Recently it has been discovered that the pathway was in part located on the adjoining land parcel. This anomaly was rectified by widening the pathway as part of the development of the adjoining land. This widening would allow for this subject closure to be effected without any significant impacts on the use of the pathway
Advertisements advising of the possible closure have been undertaken, with no objections raised.
This matter is put before Council for approval, to close the section of public pathway and sell this small parcel of land to the adjoining landowner, to negate any necessity to relocate the existing boundary fences and modify the existing property layout.
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 118 ORDINARY MEETING AGENDA 10 APRIL, 2007
PROPOSED ROAD CLOSURE FOR PART PATHWAY OFF NATHAN CLOSE ADJOINING LOT 186, DP 243854 AT METFORD (Cont.)
Officers Reports
PROPOSED ROAD CLOSURE FOR PART PATHWAY OFF NATHAN CLOSE ADJOINING LOT 186, DP 243854 AT METFORD
Locality Plan
Meeting Date: 10 April 2007
Attachment No : 1
Number of Pages : 1
Page 119 ORDINARY MEETING AGENDA 10 APRIL, 2007
PROPOSED ROAD CLOSURE FOR PART PATHWAY OFF NATHAN CLOSE ADJOINING LOT 186, DP 243854 AT METFORD (Cont.)
Page 120 ORDINARY MEETING AGENDA 10 APRIL, 2007
9.4 FINANCE AND ADMINISTRATION
9.4.1 LOCAL GOVERNMENT MANAGERS AUSTRALIA NATIONAL CONGRESS AND BUSINESS EXPO 29TH APRIL TO 2ND MAY 2007
File No: 35/8
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY This reports deals with attendance by the Mayor at the Local Government Managers Australia National Congress and Business Expo to be held in Hobart from 29th April – 2nd May 2007.
OFFICER'S RECOMMENDATION THAT:
1. The Mayor attend the LGMA National Congress and Expo in Hobart to be held from 29th April to 2nd May 2007.
2. Council approve the attendance of the General Manager at the Congress.
REPORT This year the LGMA National Congress is to be held in Hobart from 29th April to 2nd May 2007.
The Congress and Expo is the single national forum held for local government managers across Australia, and covers a range of issues and topics relevant to local government management and performance.
The theme of the conference is Power and the Passion. It is centred around the Power to make a difference and the Passion to lead. Some of the leading speakers will be General Peter Cosgrove, Jeff Kennett, Kirsty Dunphey (2002 Youth Business Women of the Year) and John Anderson the founder of Contiki Holidays.
The General Manager and the Mayor have indicated they wish to attend the Congress. In accordance with Council policy, the Mayor and General Manager’s attendance at the conference is presented for determination by the Council. A report will be presented by the General Manager on his return from the conference to the Council.
Page 121 ORDINARY MEETING AGENDA 10 APRIL, 2007
LOCAL GOVERNMENT MANAGERS AUSTRALIA NATIONAL CONGRESS AND BUSINESS EXPO 29TH APRIL TO 2ND MAY 2007 (Cont.)
FINANCIAL IMPLICATIONS The cost of this conference will be met from the allocation for conference expenses for the Mayor and General Manager to attend the conference.
POLICY IMPLICATIONS There are no specific policy implications.
STATUTORY IMPLICATIONS There are no statutory implications under the Local Government Act 1993 with this matter.
Page 122 ORDINARY MEETING AGENDA 10 APRIL, 2007
9.4.2 HUNTER REGION BUSINESS ENTERPRISE CENTRE
File No: 103/75/3
Responsible Officer: Graeme Tolhurst Group Manager Finance & Administration
Author: Graeme Tolhurst Group Manager Finance & Administration
EXECUTIVE SUMMARY This report is to highlight the ongoing operations of the Hunter Region Business Enterprise Centre and also confirm Council’s support for Hunter Region Business Enterprise Centre for 2007/08
OFFICER'S RECOMMENDATION THAT the Council continue its support to the Hunter Region Business Enterprise Centre for 2007/08
BACKGROUND Since 1999/2000 Maitland City Council has contributed to the Lower Hunter Business Enterprise Centre, based at Kurri Kurri. In November 2005, the name was changed to the Hunter Region Business Enterprise Centre in recognition of the geographical area in which the centre now operates.
REPORT In 2006 there were a number of achievements by the Centre. They were:
• The Centre has received official confirmation of its new name and logo. • Continued sponsorship of Coal and Allied Community Trust. • Total membership of 266 business and organisations. • Conducted 38 events throughout 2006 including monthly network nights and taxation workshops. • Since 2001 more than 60 indigenous businesses have commenced or have been assisted across the Hunter. The Centre also won the IBA contract to support aboriginal people seeking finance to start or grow their businesses which attracted 12 clients. • A copy of the annual statistical return for 2006 is attached.
Since 1999/2000, Maitland City Council has been a sponsor of the Hunter Regional Business Enterprise Centre. It is recommended the support of $10,000 continue for 2007/08.
The large drop in numbers from 2005 to 2006 is based upon the drop in referrals from the Job Network programme.
Page 123 ORDINARY MEETING AGENDA 10 APRIL, 2007
Hunter Region Business Enterprise Centre (Cont.) The Business Enterprise Centre is continuing its advertising in both Maitland and the other Local Government areas. The Board of the Hunter Region Business Enterprise Centre is investigating this drop in number and seeking other means of addressing the shortfall.
FINANCIAL IMPLICATIONS Provisions be made in the 2007/08 Management Plan for the Hunter Region Business Enterprise Centre.
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 124 ORDINARY MEETING AGENDA 10 APRIL, 2007
Hunter Region Business Enterprise Centre (Cont.)
Page 125 ORDINARY MEETING AGENDA 10 APRIL, 2007
Hunter Region Business Enterprise Centre (Cont.)
Page 126 ORDINARY MEETING AGENDA 10 APRIL, 2007
9.4.3 COUNCIL LAND LOT 2 DP 1047287 SEMPILL STREET MAITLAND
File No: P40679
Attachments: LOCATION PLAN
Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration
Author: Frank Shrimpton Property and Risk Management Coordinator
EXECUTIVE SUMMARY This report further considers the Classification of Council Land under Section 34 of the Local Government Act 1993. In January 2007 Council considered the process required for the classification of Council land at Lot 2 DP 1047287 Sempill Street Maitland as operational land. This report confirms the completion of the public exhibition period and recommends classification of the land as operational land.
OFFICER'S RECOMMENDATION THAT:
1. Council classify the land Lot 2 DP 1047287 Sempill Street Maitland as operational land.
REPORT On 23 January 2007 Council resolved, in compliance with section 34 of the Local Government Act (the Act), to give public notice of a proposed resolution to classify Lot 2 DP 1047287 as operational land.
The required notice appeared in the Maitland Mercury newspaper on 8 February 2007 and was displayed on the public notice board within the customer area of the Administration Building.
The Notice required submissions to be made to Council by 16 March 2007, which is in excess of the 28 days required by the Act.
No submissions have been received.
As all matters required under the Act have been complied with, the resolution is recommended to Council.
FINANCIAL IMPLICATIONS This matter has no direct financial impact upon Council's adopted budget or forward estimates.
Page 127 ORDINARY MEETING AGENDA 10 APRIL, 2007
COUNCIL LAND LOT 2 DP 1047287 SEMPILL STREET MAITLAND (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 128 ORDINARY MEETING AGENDA 10 APRIL, 2007
COUNCIL LAND LOT 2 DP 1047287 SEMPILL STREET MAITLAND (Cont.)
Officers Reports
COUNCIL LAND LOT 2, DP 1047287 SEMPILL STREET, MAITLAND
LOCATION PLAN
Meeting Date: 10 April 2007
Attachment No : 1
Number of Pages : 2
Page 129 ORDINARY MEETING AGENDA 10 APRIL, 2007
COUNCIL LAND LOT 2 DP 1047287 SEMPILL STREET MAITLAND (Cont.)
Page 130 ORDINARY MEETING AGENDA 10 APRIL, 2007
10 ITEMS FOR INFORMATION
10.1 STATUS REPORT ON WORKS AND PROJECTS
File No: 122/814
Responsible Officer: Wayne Cone Group Manager City Works & Services
Author: Richard Minter Manager Projects & Emergency Services
Ian Wakem Manager Civil Works
EXECUTIVE SUMMARY A report of the status of emergency services, major construction works and projects within the 2005/2006 and 2006/2007 Capital Works Programs undertaken by the City Works & Services Group is submitted for Council’s information.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT 1. EMERGENCY SERVICES
1.1 Emergency Management
The latest District Emergency Management Committee (DEMC) meeting was held on Friday 9th March 2007. Items of discussion included emergency risk management, bush fire management, evacuation plans, Hunter Central Coast Displan and emergency exercises. The positive outcomes of Maitland City Council’s desktop exercise was acknowledged.
1.2 Emergency Risk Management
The finalisation of documentation covering hazards, risk identification and analysis is currently underway and is due to be completed at a meeting to be held in early April. The outcomes will then be reported to the various emergency management committees. The identification of risk treatment plans is also underway.
Page 131 ORDINARY MEETING AGENDA 10 APRIL, 2007
STATUS REPORT ON WORKS AND PROJECTS (Cont.) 2. PROJECTS
The status of projects as at 28 March 2007 is as follows:
2.1 2005/06 Projects
2.1.1 Major Building Maintenance
Works on the refurbishment of Maitland Sportsground are currently underway with only painting left to be completed. Works are due to be completed by the end of April.
2.1.2 Woodberry Family Centre
The construction of the new $1.9m Woodberry Family Centre is well underway by R. T. Parker Pty Ltd. Footings and blockwork walls have been completed with floor slabs and frame fabrication underway. The project is due for completion in December 2007.
2.1.3 Maitland Regional Art Gallery – Stage 2
A development application (DA) for the Stage 2 Art Gallery project has been lodged by the project architect Paul Berkemeier Architects. As soon as the DA is approved, construction drawings will commence.
2.1.4 Maitland Park Improvements
The Maitland Park cricket nets and storage facility projects have not yet commenced. The projects are on hold pending the outcomes of further discussion with the user groups.
2.1.5 Coronation Oval
The bank seating project has been awarded to Heaton Foundations with works due to commence in the first week of April.
2.1.6 Somerset Park Sportsground
Top soiling of the Somerset Park Sportsground has been completed. The project is now complete apart from general maintenance through the defects liability period. It is anticipated that the ground will be available for the next cricket season.
2.1.7 Sportsground Fencing
The construction of Morpeth Sportsground fencing has been awarded to the fencing contractor, Kerry Holding, with works underway and due for completion in April. Page 132 ORDINARY MEETING AGENDA 10 APRIL, 2007
STATUS REPORT ON WORKS AND PROJECTS (Cont.)
2.2 2006/07 Projects
2.2.1 Major Building Maintenance
Major building maintenance projects for 2006/07 in progress include the Council Administration Building, Visitors Centre and the fire services upgrade. Projects not commenced include the East Maitland Community Centre, Maitland Park Kerrigans Pavilion, Morpeth Courthouse and Thornton Child Care Centre. These works have yet to be issued for construction.
2.2.2 Rutherford Community Centre Extensions
Construction drawings have been completed and a Construction Certificate (CC) lodged for the extensions to Rutherford Community Centre. Tenders will be called once the CC is approved. The total project budget is $1.05m.
2.2.3 Maitland Regional Hockey Facility
A development application (DA) has been lodged for the construction of the synthetic hockey facility project. The DA is currently on public exhibition.
2.2.4 Town Hall Air Conditioning
Final design, including a review of air conditioning options, has been completed with a Section 60 Certificate approval now required from the Heritage Office. Tenders will be called once this approval is obtained. This is likely to happen in May.
2.2.5 Mt Vincent Waste Depot Clay Supply
Clay is being supplied to the Mt Vincent Waste Depot for use in projects such as the Bund Wall Extension. The clay is being supplied by Woodbury’s Haulage & Earthmoving Pty Ltd with 35,000t to be supplied.
2.2.6 Mt Vincent Waste Depot Leachate Line
The remaining power supply works for the Waste Depot leachate line will be undertaken in conjunction with the bund wall extension works with these works underway and due for completion in June.
2.2.7 Mt Vincent Waste Depot Clay Capping and Bund Wall Construction
The extension of the bund wall and clay capping at the Mt Vincent Waste Depot is continuing by Woodbury’s Haulage & Page 133 ORDINARY MEETING AGENDA 10 APRIL, 2007
STATUS REPORT ON WORKS AND PROJECTS (Cont.) Earthmoving. The project is on target for completion in May with a total project cost being $1.1m.
2.2.8 Woodberry Road Reconstruction
The reconstruction and rehabilitation of a section of Woodberry Road between Lawson Avenue and Homebush Drive by Woodbury’s Civil is nearing completion. The final asphalt surface is due to be laid in early April. The project is expected to be completed before Easter, which will be 2-3 weeks ahead of schedule.
2.2.9 Somerset Park Amenities Facility
Final negotiations are currently underway with Clarendon Homes for the construction of the Somerset Park Amenities Facility. The scope of work, project cost and conditions of contract are under discussion. Construction is anticipated to commence within the next two months.
2.2.10 Guardrail Replacement
Tenders have been called, and have closed, for the replacement of guardrail at a number of locations within the Maitland area. Tenders are being assessed with a report to be brought to Council following the completion of the assessment process.
2.2.11 Woodberry Hall Improvements
Construction is underway on a ramp and handrail to provide improved disabled access to Woodberry Hall. The slab is due to be poured in late March with a handrail to be installed in early April.
2.2.12 Thornton Tennis Courts
Improvements to Thornton Tennis Courts are underway with the repaint of asphalt courts and fence replacement completed. The synthetic courts replacement will commence in the Easter school holidays.
Page 134 ORDINARY MEETING AGENDA 10 APRIL, 2007
STATUS REPORT ON WORKS AND PROJECTS (Cont.) 3. CIVIL WORKS
The status of construction projects within the 2006/2007 Rolling Works Program, as of 27 March 2007, is as follows.
3.1 Carry Forward Works
3.1.1 City Wide Bridle Path
Plans have been provided for the remainder of the city wide bridle path. Work will be progressed over the next few months with completion scheduled for early June. The total estimated cost of the project is $100,000.
3.1.2 East Maitland Shopping Area Refurbishment
New concrete kerb blisters have been constructed on the intersection of George Street and Day Street within the past few weeks.
New kerb blisters and footpath paving are being constructed on the intersection of High Street and Lawes Street. The RTA have requested that Council not proceed with the construction of the fourth (4th) concrete blister at this stage as they are reconsidering the location of the traffic signal pole on this corner of the intersection.
Written approval of funding for the reconstruction of the road pavement at the intersection of Lawes Street and High Street was received from the RTA on 15 March 2007. A ‘Road Occupancy Licence’ was required from the RTA for the work to be undertaken on the weekend of 31 March and 1 April 2007. The application for the road occupancy licence was submitted to the RTA on 20 March and approved on 27 March. Weather-permitting, the pavement reconstruction will proceed over the above-mentioned weekends with only minor disruptions to traffic flow over the two (2) days. The initial application of asphalt will take place within a few days following the pavement construction, with the final application of asphalt to be completed several weeks later.
The total estimated cost of the project is $768,000.
3.2 Drainage Construction
3.2.1 Brooks Street, Telarah
A stormwater drainage pipeline is being replaced in Brooks Street between the New England Highway and Dee Street. The project will be completed in early April at an estimated cost of $66,000.
Page 135 ORDINARY MEETING AGENDA 10 APRIL, 2007
STATUS REPORT ON WORKS AND PROJECTS (Cont.) 3.2.2 Victoria Street, East Maitland
A new stormwater drainage pipeline is being constructed in Victoria Street between Lawes and Flooks Lane. The project will be completed in early April at an estimated cost of $68,000.
3.3 Footpath Refurbishment
3.3.1 Norfolk Street, Ashtonfield
A large section of the existing asphaltic concrete footpath through the reserve at the end of Daydream Close has been replaced with a 2 metre wide concrete cycleway. The project was completed in mid March at an estimated cost of $41,800.
3.4 Urban Local Roads
3.4.1 Paterson Road, Bolwarra Heights
Concrete kerb and guttering has been replaced along the section of Paterson Road south of Hunterglen Road and sections of the road pavement rehabilitated. The full width of the road pavement will be resealed within the next few weeks thus completing the project. The estimated cost of the project is $125,000.
3.4.2 Chelmsford Drive, Metford
The full reconstruction of Chelmsford Drive between Metford Road and Bedford Street commenced in late January. The project consists of extensive subsoil drainage pipeline construction, kerb and guttering and median kerb replacement and the reconstruction and re-surfacing of the road pavement. The project is progressing on schedule, however will take several months to complete. The estimated cost of the project is $740,000.
3.5 New Works Urban
3.5.1 Victoria Road, Bolwarra
Some existing kerb and guttering has been replaced and additional kerb and guttering installed in Victoria Road at Bolwarra. The road pavement will be rehabilitated in readiness for resurfacing with a two (2) coat bitumen seal. The estimated cost of the works is $65,000.
Page 136 ORDINARY MEETING AGENDA 10 APRIL, 2007
STATUS REPORT ON WORKS AND PROJECTS (Cont.) 3.6 Rehabilitation
3.6.1 Swan Street, Morpeth
The section of Swan Street, between Robert Street and George Street is presently being rehabilitated and resurfaced with a 2 coat bitumen seal. The project is scheduled for completion in mid April at an estimated cost of $90,000.
3.7 Reseal – Rural Roads
The rural reseal program is approximately 90% complete with the remaining reseals to be completed in early April 2007. The total cost of the rural reseal program is $355,000.
3.8 Reseal – Urban Roads
The urban reseal program is also progressing well with approximately 85% of all urban reseals completed at this stage. The remaining urban reseals will be completed in early April 2007. The total cost of the urban reseal program is $994,000.
3.9 Reseals and Rehabilitations – State Roads
Resealing works on several sections of Raymond Terrace Road (Main Road No.104) for the Roads and Traffic Authority (RTA) are now complete. The total approximate cost of these works was $225,000.
3.10 Rural Reconstruction
This program is now complete.
Page 137 ORDINARY MEETING AGENDA 10 APRIL, 2007
10.2 36 BANKS STREET, EAST MAITLAND
File No: DA063385
Responsible Officer: David Simm Manager Development & Environment
Author: Clare James Heritage Officer
EXECUTIVE SUMMARY At the Council meeting of 13 February, 2007, an application for the demolition buildings located at 36 Banks Street, East Maitland was refused. It was resolved by Council that a suitably qualified and experienced conservation engineer be engaged to undertake a structural assessment of the building and provide options for its management.
It was also resolved that Council pursue the issue of Orders under Section 121B of the Environmental Planning and Assessment Act 1979 requiring that: a) The building not be demolished b)To undertake those works to the building necessary to render it structurally sound so as not to become a danger to the public.
The purpose of this report is to provide an update to the Council with respect to these resolutions and the site.
OFFICER'S RECOMMENDATION THAT
The information contained in this report be noted
REPORT
Following the refusal of Development Application 063385 by Council on 13 February, 2007, a brief was prepared and quotations were sought from two conservation engineers to undertake a comprehensive structural assessment of the buildings located at 36 Banks Street, East Maitland, and provide options fro their management.
The investigations were required to be undertaken in accordance with standard requirements for Engineering Assessments as outlined in the Citywide DCP: Chapter Maitland Conservation and Design Guidelines and were to include advice regarding the current state of the front verandah such that it be established whether in pursuing any order on the property, the temporary shoring of the verandah may be an option prior to an appropriate program of works necessary for its permanent repair and reconstruction.
Page 138 ORDINARY MEETING AGENDA 10 APRIL, 2007
36 Banks Street, East Maitland (Cont.)
Two quotations were received by March 5th, and Bill Jordan and Associates was commissioned on March 8th to undertake the investigations. Following the commission, Council sought the agreement of the property owner to gain access to the property which was refused. ??
Council had also met with a prospective purchaser of the property at a Development Control Unit meeting on March 1st , 2007 with respect to the use of the site for the purposes of an adaptive reuse.
The purchase of the site has since taken place and Council has been advised in writing that contracts have been exchanged on 36 Banks Street subject to DA approval. Plans for the adaptive reuse are currently being finalised which are hoped to be lodged with Council shortly. The new owner has also advised Council that they have commissioned an engineer to undertake a structural assessment of the front verandah such that it can be temporarily propped (at their expense). A more comprehensive engineering assessment of buildings on the site would then be undertaken at a later date.
In order to ensure that the building is structurally sound and does not become a danger to the public, it is considered that the temporary shoring of the front verandah should be undertaken as soon as possible. The new owner wishes to restore the verandah, not to demolish it and also sees its stabilisation as a priority. Council will therefore seek to assist the new owner in this regard as required.
FINANCIAL IMPLICATIONS Bill Jordan and Associates has been commissioned to undertake a Structural Engineering Assessment for buildings located at 36 Banks Street, East Maitland). No monies have been paid to date as the assessment has not yet been undertaken.
POLICY IMPLICATIONS There are no policy implications associated with this matter.
STATUTORY IMPLICATIONS There are no statutory implications associated with this matter.
Page 139 ORDINARY MEETING AGENDA 10 APRIL, 2007
10.3 COUNCILLOR MOTIONS
File No: 35/61
Responsible Officer: David Evans General Manager
Author: David Evans General Manager
EXECUTIVE SUMMARY The following report details the current status of Councillor Motions which are currently being actioned by Council Officers.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT See attached report.
Page 140 ORDINARY MEETING AGENDA 10 APRIL, 2007
DATE OF ITEM SUBJECT FILE NO. COUNCIL RESOLUTION CURRENT STATUS MEETING NO.
26/09/2006 11.1 Council Property - Notice P16482 THAT Council's Property Group investigate, consider and make a Report completed by Community of Motion Clr Keating recommendation on the merits of reclassifying from community to Safety Officer with operational land the vacant block and adjoining laneway at 30 Greenhills recommendation. Ave Woodberry Report completed by Community Services re vacant community The consideration to be made in the context of the perceived community land. benefits that could accrue from the reclassification and associated Report to be completed for April reclassification of the pedestrian laneway that links Greenhills Ave and meeting of Property Advisory Lawson Ave Woodberry. Panel.
14/11/2006 11.1 Pool Passes - Notice of 134/1 THAT Council review the Fees and Charges Policy to include a category Listed for consideration in the Motion Clr Garnham at pools for non-swimming parents/carers. 2007/08 Management Plan
8/06/2004 11.1 Central Maitland 103/4 THAT Matters being considered as part Development - Notice of 1. The General Manager prepare a report for consideration by Council of Council's structure Plan for Motion by Clr Humphery outlining alternative strategies for the sale and/or development of Central Maitland Council's land holding between Church and Elgin Streets, Maitland 2. The report also provide information on matters relating to the development of this area including but not limited to: a) status of existing parking facilities b) relevant development standards including height and floor space ratios c) land use mix d) traffic management 3. Strategies assessed include council participation by way of joint venture
Page 141 ORDINARY MEETING AGENDA 10 APRIL, 2007
COUNCILLOR MOTIONS (Cont.)
DATE OF ITEM SUBJECT FILE NO. COUNCIL RESOLUTION CURRENT STATUS MEETING NO.
24/10/2006 11.1 Water Conservation P28976 & THAT Free greenwaste trial commenced 55/17 1. Council implement a conditional free green waste dumping and on weekend of 3/4 March. A mulching service for the residents at its waste facility progress/cost & uptake report to 2. Council apply for a Federal Government Water Grant to assist with any be presented to Council in April. infrastructure changes necessary at the waste facility 3. Council demonstrate additional mulch use in gardens, roundabouts and greening barriers 4. A report to Council outlining the implementation of the scheme be provided within a reasonable period.
26/04/05 11.2 Review of Service Level for 122/966 THAT Service level agreements are Regular Mowing of Council 1. Council review the service level provided for the regular mowing of being developed for the major Properties and in particular council properties, in particular, footpaths, median strips and public asset areas and will include the - Footpaths, median strips reserves maintenance of Council and public reserves 2. The review to take into account the increase lands that council now properties, footpaths, median have responsibility for maintaining due the large increase in strips, etc. Matter to be reported developments in the Maitland Municipality. to Council in May.
13/06/06 11.1 Reduction of Speed Zones 140/5 THAT Maitland City Council requests the NSW Roads and Traffic Considered by the LTC on 3/8/06. on the New England Hwy Authority to consider reducing the 100km/hr speed zone to 80km/hr from Letter forwarded to the RTA on from Rutherford to Kyle Street Rutherford to the 60km/hr zone past Airds Business at 15/9/06 requesting assessment of Lochinvar - Notice of Lochinvar for the following reasons: speed zones. Still awaiting a Motion Clr Fairweather 1. Entrances to a number of home industries and private dwellings off reply. A letter has been sent this stretch of highway requesting an update. 2. River Road and the New England Highway intersection now services an increasing number of new residential developments along River Road 3. Entrance to Maitland Airport 4. Increased traffic on the New England Highway
Page 142 ORDINARY MEETING AGENDA 10 APRIL, 2007
COUNCILLOR MOTIONS (Cont.)
DATE OF ITEM SUBJECT FILE NO. COUNCIL RESOLUTION CURRENT STATUS MEETING NO.
28/09/2004 12.5 Fill in Low Lying Areas - Clr Procter asked if the General Manager could highlight to the Hunter The Millers Forest Group will Question without Notice by Councils the amount of fill in low lying areas in new residential and present a case to the CMA, with Clr Procter industrial development sites. MCC and NCC to assist with content and presentation. Various other investigations are underway including grant funding of a study to examine existing drainage patterns and impacts of development, as well as environmental considerations of downstream uses. Matter to be reported to Council by the end of this year.
8/11/2005 11.2 Planning Controls 133/1 THAT Councillor briefing on draft DCP 1. Maitland City Council facilitate the review of minimum site area for undertaken in March and reported dwellings in specific areas of the Maitland LGA to enhance the being drafted to enable DCP to be affordability of housing accommodation and provide a greater range of exhibited. accommodation options throughout the city. 2. The review include identification of areas most suitable for redevelopment and incorporate provisions which will ensure high quality development outcomes.
28/11/2006 11.1 Town Hall Usage - Notice 12/2/3 THAT Council list for consideration in next year's Management Plan, the Matter is listed for consideration of Motion Clr Geoghegan preparation of a feasibility study for the expansion of the scope and as part of the 2007/08 usage of Maitland Town Hall. Management Plan
13/02/2007 11.1 Future Recreational Land 101/1 THAT Maitland City Council’s General Manager and appropriate senior A report is being prepared to be Notice of Motion Clr Steve staff investigate the possibility of purchasing the parcel of land which is presented to Council in May. Procter currently part of the Farragher Estate for future recreational land.
Page 143 ORDINARY MEETING AGENDA 10 APRIL, 2007
COUNCILLOR MOTIONS (Cont.)
DATE OF ITEM SUBJECT FILE NO. COUNCIL RESOLUTION CURRENT STATUS MEETING NO.
27/03/2007 11.1 Maitland City Centre 103/4/1/19 THAT Matters being considered as part Partnership Committee - 1. Council support the issue of the opening up of the Mall be dealt with of Central Maitland Structure Clr Arch Humphery as a matter of priority by the new Maitland City Centre Working Group Plan. 2. Council seek advice from the Chamber of Commerce and business owners as to the impediments preventing the development of shop top living and other commercial development fronting the river in Central Maitland. 3. A report come back to Council.
Page 144 ORDINARY MEETING AGENDA 10 APRIL, 2007
10.4 COUNCIL’S HOMEPAGE STATISTICS
File No: 31/15
Responsible Officer: Graeme Tolhurst Group Manager Finance and Administration
Author: Adam McCarthy Helpdesk Support Officer
EXECUTIVE SUMMARY This report provides statistics about Council’s web site. The statistics contained in the report allows Council to identify the type of services being accessed or used by the public and other organisations.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT January February March 2007 2007 2007 No. of visits to the MCC 16,913 16,028 19,475 website Top Five web pages with Positions Positions News highest no. of visitors (not Vacant Vacant homepage) Positions News News Vacant Search Meetings Search Meetings Shop Shop Shop Library Library No. of rates paid electronically (depends on 59 269 98 instalment dates) No. of Property Certificates 25 37 42 paid electronically
Page 145 ORDINARY MEETING AGENDA 10 APRIL, 2007
10.5 INTERNATIONAL WOMEN'S DAY
File No: 29/28
Attachments: Photographs Feedback Summary
Responsible Officer: Lynn Morton Manager Community and Recreation Services
Author: Kristen Swan Community Planner Safety and Youth
EXECUTIVE SUMMARY International Women’s Day was celebrated in the Maitland region with a breakfast at Maitland Regional Art Gallery on Thursday, March 8 2007. This date is formally recognised worldwide as the day to mark International Women’s Day. The breakfast was attended by over 120 guests who were inspired by four local female guest speakers, along with a musical performance. The breakfast was also used as the launching day for a time capsule to be developed throughout 2007.
OFFICER'S RECOMMENDATION 1. THAT the information contained in this Report be noted.
REPORT EVENT International Women’s Day was recognized and celebrated with a breakfast at the Maitland Regional Art Gallery on Thursday, March 8 2007. Over 120 invited guests participated on the morning, enjoying a catered breakfast, musical performance and four guest speakers offering inspirational messages to women in the audience. Invitations to attend the breakfast were distributed to local dignitaries, community groups and selected members of the wider community.
The event was coordinated by Maitland City Council’s Community and Recreation Services Divisions (including the Maitland Regional Art Gallery), and the Hunter Women’s Network. Support was also received from Stocklands Greenhills, and East Maitland Florist.
The event was widely publicised in the media with both The Mercury and The Post appearing at the event and covering the morning.
THE PROGRAM
The Program was spread from 7.15am for 7.30am start to 9.00am. Councillor Vicki Woods was Master of Ceremonies and Maitland City Council’s Mayor, Councillor
Page 146 ORDINARY MEETING AGENDA 10 APRIL, 2007
International Women's Day (Cont.) Peter Blackmore provided a welcome to the event with a speech outlining the achievements of local women. A Welcome to Country was also provided by Marge Anderson, a local female elder.
As guests arrived to the Art Gallery, they were greeted by Maitland City Council’s mascot, the Egret, who handed out lucky door tickets. The room was decorated in the officially recognized colours of International Women’s Day – Green, White and Violet. The breakfast was a seated event, with up to ten guests seated at individual tables placed around the lectern.
Female guest speakers were invited to give a brief view of their experiences as a woman, noting the theme of the day – “Valuing Difference, Leading Change”. The guest speakers were intentionally selected in order to provide guests with perspectives from older and younger women, indigenous, multicultural and those with a disability.
Claire Osborn, former Youth Mayor of Maitland City Council provided an outline of her experiences as a young woman in Maitland, along with the difficulties she now is overcoming as she commences her professional career. Adrienne Howley spoke of her life now as a visually impaired person and also of how her perspective on women’s issues has changed over the years. Dawn Welsh spoke of her life as an Indigenous woman in both the Maitland and northern NSW communities, while Genevieve Betham – Vice Captain of Rutherford Technology High provided guests with an account of her life as a young female in the Maitland region, and also of her multicultural experiences, being of a Samoan background.
Local musical group Dolce - made of up of young sisters from Maitland - performed four songs at the event.
At the end of the official proceedings of the morning, Councillor Woods proposed to guests the development throughout 2007 of a Time Capsule designed to provide Maitland City women an opportunity to capture for the future what it means and is to be a woman in the Maitland community in 2007. It is envisaged that its launch will coincide with International Women’s Day celebrations in 2008.
OUTCOMES A summary of the written feedback received and photographs are attached. The summary indicates the positive impact that the event had upon the Maitland community. Guests were invited to submit Expressions of Interest to join a working party for the Time Capsule using a form developed by Council staff.
The formation of a working party for the Time Capsule for next years International Women’s Day ensures that the program continues the positive community identity and achievements for the future.
East Maitland Florist has indicated that their support for future International Women’s Day events.
Page 147 ORDINARY MEETING AGENDA 10 APRIL, 2007
International Women's Day (Cont.)
Officers Reports
INTERNATIONAL WOMENS DAY
Photographs
Meeting Date: 10 April 2007
Attachment No : 1
Number of Pages : 1
Page 148 ORDINARY MEETING AGENDA 10 APRIL, 2007
International Women's Day (Cont.)
Page 149 ORDINARY MEETING AGENDA 10 APRIL, 2007
International Women's Day (Cont.)
Officers Reports
INTERNATIONAL WOMENS DAY
Feedback Summary
Meeting Date: 10 April 2007
Attachment No : 2
Number of Pages : 1
Page 150 ORDINARY MEETING AGENDA 10 APRIL, 2007
International Women's Day (Cont.)
Page 151 ORDINARY MEETING AGENDA 10 APRIL, 2007
10.6 SENIORS WEEK 2007
File No: 7/11
Responsible Officer: Lynn Morton Manager Community & Recreation Services
Author: Megan Price Community Planner - Ageing & Disability
EXECUTIVE SUMMARY Seniors Week was celebrated across New South Wales from 11 – 18 March 2007. Council was involved in supporting a number of events for seniors living in the Maitland Local Government Area.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT Each year the contribution of seniors to our community is celebrated across the state during Seniors Week. This year Seniors Week was held from 11-18 March 2007.
Activities in Maitland were coordinated by the Seniors Week Committee, affiliated with the Maitland Senior Citizens group. Financial support and some coordination assistance was provided through Council’s Community and Recreation Services Team. A Seniors Week grant totalling $500 was received by Council through the Department of Ageing Disability and Home Care. The two major events held in 2007 were a free musical concert at the Maitland Senior Citizens Hall on Saturday 10 March and a Concert at Tocal Agricultural College on Tuesday 13 March.
Musical Concert Seniors were treated to a free musical concert and afternoon tea on Saturday 10 March in the Senior Citizens Hall. Over 100 people were in attendance and all thoroughly enjoyed the musical performance provided. The Mayor, Peter Blackmore and local member, John Price were present to acknowledge local seniors Nell Lantry of East Maitland and Lloyd Gregory of Rutherford who received official Seniors Week awards. They were officially presented with the awards on Friday 16 March.
Tocal Concert Approximately 170 seniors from across Maitland attended the annual lunch and concert at Tocal Agricultural College on Tuesday 13 March. Council provided funds for the hire of buses which transported participants to and from the event. Council also supported the costs associated with the catering. A fantastic concert was provided by all students from Paterson Primary School, who were later given a thank you barbeque. Reports from participants was that all thoroughly enjoyed
Page 152 ORDINARY MEETING AGENDA 10 APRIL, 2007
SENIORS WEEK 2007 (Cont.) themselves, particular those seniors who live in residential care and have few opportunities to get involved in community activities. The event also provided for the celebration of intergenerational relationships within the Maitland community.
Page 153 ORDINARY MEETING AGENDA 10 APRIL, 2007
10.7 WATER SHARING PROPOSAL FOR THE TIDAL POOL OF THE PATERSON AND HUNTER RIVERS
File No: 145/1
Attachment: Letter of response
Responsible Officer: David Simm Manager Development & Environment
Author: Deanne Nelson-Pritchard Senior Environmental Health Officer
EXECUTIVE SUMMARY At the 14 November 2006 meeting a resolution was undertaken to send a letter to the Minister of Natural Resources to ask for information on the impact of the water sharing proposal for the tidal pool of the Paterson and Hunter Rivers. A letter of response has been received from Minister Ian MacDonald.
OFFICER'S RECOMMENDATION THAT the information contained in this Report be noted.
REPORT A notice of motion was submitted at the 13 June 2006 meeting regarding the water sharing proposal for the tidal pool of the Paterson and Hunter Rivers. A resolution of this meeting was to send a letter to the Minister for Natural Resources. Following receipt of this letter, which was provided to the Council meeting of the 14 November 2006, the Council resolved to seek further information including:
That the Minister be asked if the Department of Agriculture could assess the impact of an allocation of 10,000 mega litres for the floodplain on the tidal pool of the Hunter and Paterson Rivers in relation to:- a) Any present or future agricultural potential of the flood plain b) What area of the floodplain would be able to be irrigated for the production of food with the stated allocation c) What dryland farming practice would the Department suggest be suitable for the residual.
A response has now been received from Minister Ian MacDonald regarding this letter and is given as Attachment 1.
Page 154 ORDINARY MEETING AGENDA 10 APRIL, 2007
WATER SHARING PROPOSAL FOR THE TIDAL POOL OF THE PATERSON AND HUNTER RIVERS (Cont.)
Officers Reports
WATER SHARING PROPOSAL FOR THE TIDAL POOL OF THE PATERSON AND HUNTER RIVERS
Letter of Response
Meeting Date: 10 April 2007
Attachment No : 1
Number of Pages : 1
Page 155 ORDINARY MEETING AGENDA 10 APRIL, 2007
WATER SHARING PROPOSAL FOR THE TIDAL POOL OF THE PATERSON AND HUNTER RIVERS (Cont.)
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11 NOTICE OF MOTION/RESCISSION
12 QUESTIONS WITHOUT NOTICE
13 URGENT BUSINESS
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14 COMMITTEE OF THE WHOLE
14.1 REVIEW OF COUNCIL'S ORGANISATION STRUCTURE
File No: 130/69
Responsible Officer: David Evans General Manager
Author: David Evans General Manager
EXECUTIVE SUMMARY Council at its meeting held on 22 August 2006, considered a report on interim changes to the Organisation Structure, as a response to the resignation of the then Group Manager Service Planning & Regulation. This report presents a review of the interim changes to the structure and presents a revised organisation structure for consideration and adoption by the 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:
(a) personnel matters concerning particular individuals
Page 158 ORDINARY MEETING AGENDA 10 APRIL, 2007
14.2 CONTRACT OF EMPLOYMENT - GENERAL MANAGER
File No: E10430
Responsible Officer: Clr Peter Blackmore Mayor
Author: Clr Peter Blackmore Mayor
EXECUTIVE SUMMARY Council at its meeting held on 24 October 2006, considered a report on the annual performance review of the General Manager, and renewal of the General Manager’s contract of employment and resolved that:
1. Council endorse the report in the performance of the General Manager and the high level of satisfaction with the General Manager in his role with the Council; and
2. The General Manager’s Contract of Employment with Council be reviewed for a term of five (5) years from 14 April 2007.
This report presents the General Manager’s proposed contract of employment for endorsement 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:
(a) personnel matters concerning particular individuals
Page 159 ORDINARY MEETING AGENDA 10 APRIL, 2007
15 CONSIDERATION OF ITEMS FROM COMMITTEE OF THE WHOLE
16 CLOSURE
Page 160